Title 23, Public Utilities and Regulated Industries

(a) A retailer, a vendor, or an applicant for a contract or a retailer license aggrieved by an administrative order of the Office of the Arkansas Lottery may appeal that decision to Pulaski County Circuit Court. (b) The circuit court shall hear appeals from administrative orders …

(1) In addition to any provision of law expressly exempting the Office of the Arkansas Lottery, the following sections shall not apply to the office:(1) Section 14-1-111;(2) Section 19-4-1702;(3) Section 19-21-106;(4) Section 22-9-103;(5) Section 22-9-104; and(6) Section 25-27-10…

(a) The internal auditor employed by the Office of the Arkansas Lottery shall report directly to the Secretary of the Department of Finance and Administration. (b) The secretary shall determine the duties and responsibilities of the internal auditor that:(1) Assist the office in …

(a) (1) (A) The Governor shall appoint the Director of the Office of the Arkansas Lottery.(B) The director is an employee of the Office of the Arkansas Lottery and shall direct the day-to-day operations and management of the office.(2) The director is vested with powers and dutie…

(a) The Director of the Office of the Arkansas Lottery shall direct and supervise all administrative and technical activities related to the operation of a lottery in accordance with this chapter and with rules adopted by the Office of the Arkansas Lottery. (b) The Director of th…

(a) As required by Arkansas Constitution, Article 16, § 4, the General Assembly shall fix the salaries of all employees of the Office of the Arkansas Lottery, including without limitation the Director of the Office of the Arkansas Lottery. (b) An office employee shall not have a …

(a) Employees of the Office of the Arkansas Lottery shall be members of the Arkansas Public Employees' Retirement System. (b) An office employee's compensation for retirement purposes includes the base salary of the employee under § 23-115-305 and any special salary allowances un…

There are established for the Office of the Arkansas Lottery the following titles and grades for each position. The salary for the positions assigned to grades shall be determined in accordance with the pay level for the grade assigned in this section, as established in § 21-5-20…

(a) With the approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, the Governor may establish the salary of the Director of the Office of the Arkansas Lottery, the salary of the office's gaming director, and the salary of the o…

(a) The Office of the Arkansas Lottery is authorized a pool of ten (10) positions to be used to establish additional positions with the proper title and pay grade if the office does not have sufficient positions available to address growth needs. (b) A position established under …

(a) The Office of the Arkansas Lottery may participate in the Arkansas Administrative Statewide Information System. (b) The Department of Finance and Administration shall be reimbursed under § 23-115-201 for services it provides to the office under subsection (a) of this section.…

(a) It is the intent of the General Assembly that the Office of the Arkansas Lottery encourage participation by minority-owned businesses and female-owned businesses in one (1) or more of the lotteries under this chapter. (b) The office shall adopt a plan that encourages to the g…

(a) (1) Unless authorized to do so in writing by the Director of the Office of the Arkansas Lottery, a person shall not sell a ticket or share at a price other than the price established by the Office of the Arkansas Lottery.(2) (A) Only a retailer holding a valid certificate of …

(a) Proceeds of a lottery prize are subject to Arkansas state income tax. (b) (1) Except as otherwise provided in this chapter, attachments, garnishments, or executions served upon the Office of the Arkansas Lottery that are authorized and issued under Arkansas law shall be honor…

(a) (1) Except as otherwise provided in this subsection, the Office of the Arkansas Lottery shall comply with the Freedom of Information Act of 1967, § 25-19-101 et seq.(2) The following records or information shall be treated as confidential and are exempt from public disclosure…

(a) The Office of the Arkansas Lottery may enter into an intelligence sharing, reciprocal use, or restricted use agreement with the United States Government, law enforcement agencies, lottery regulation agencies, and gaming enforcement agencies of other jurisdictions that provide…

(a) (1) The authority of local government concerning all matters relating to the operation of lotteries is preempted by this chapter.(2) Local government shall not take any action, including without limitation the adoption of an ordinance, relating to the operation of lotteries. …

A video lottery shall not be used as part of a lottery under this chapter.

(1) This chapter does not permit the use of a video lottery for any purposes by any institution or facility governed by the:(1) Arkansas Horse Racing Law, § 23-110-101 et seq.;(2) Arkansas Greyhound Racing Law, § 23-111-101 et seq.; or(3) Local Option Horse Racing and Greyhound R…

This chapter does not alter wagering that may be conducted under the Arkansas Horse Racing Law, § 23-110-101 et seq., the Arkansas Greyhound Racing Law, § 23-111-101 et seq., or the Local Option Horse Racing and Greyhound Racing Electronic Games of Skill Act, § 23-113-101 et seq.

(a) (1) A multidraw screen-based lottery game shall not be used as part of a lottery under this chapter except as provided under subdivision (a)(2) of this section.(2) All lottery games operated by the Office of the Arkansas Lottery on or before June 29, 2014, are permitted and m…

(a) The Office of the Arkansas Lottery shall investigate the financial responsibility, security, and integrity of a vendor who is a finalist in submitting a bid, proposal, or offer to perform a major procurement contract. (b) At the time of submitting a bid, proposal, or offer to…

(a) (1) At the time of execution of a major procurement contract between the Office of the Arkansas Lottery and a vendor, the vendor shall post a performance bond or letter of credit from a bank or credit provider acceptable to the office in an amount deemed necessary by the offi…

(a) A major procurement contract executed by the Office of the Arkansas Lottery under this chapter shall specify the reasons for which the major procurement contract may be canceled, suspended, revoked, or terminated by the office. The reasons shall include without limitation:(1)…

(a) The General Assembly finds:(1) That the integrity of the Office of the Arkansas Lottery and the Arkansas Scholarship Lottery is of utmost importance; and(2) That the people of the State of Arkansas should have confidence and be assured that public officials are free of any im…

(a) The General Assembly recognizes that to conduct a successful lottery, the Office of the Arkansas Lottery must develop and maintain a statewide network of retailers that will serve the public convenience and promote the sale of tickets or shares and the playing of lotteries wh…

(a) A retailer license is not transferable or assignable. (b) A retailer shall not contract with any person for lottery goods or services except with the approval of the Office of the Arkansas Lottery. (c) Tickets and shares shall be sold only by the retailer stated on the retail…

(a) (1) The Office of the Arkansas Lottery shall require a retailer to post a bond in a sufficient amount as determined by the office.(2) The amount of the bond under subdivision (a)(1) of this section shall not exceed two hundred dollars ($200).(3) The office shall establish a s…

(a) A retailer license executed by the Office of the Arkansas Lottery under this chapter shall specify the reasons for which the retailer license may be canceled, suspended, revoked, or terminated by the office. The reasons shall include without limitation:(1) Commission of a vio…

(a) (1) Proceeds from the sale of tickets or shares shall be held in trust until paid to the Office of the Arkansas Lottery either directly or through the office's authorized collection representative.(2) A retailer and officers of a retailer's business have a fiduciary duty to p…

If a retailer's rental payments for the business premises are contractually computed, in whole or in part, on the basis of a percentage of retail sales and the computation of retail sales is not explicitly defined to include sales of tickets or shares, only the compensation recei…

(a) In addition to all other remedies provided by law for failure to remit lottery proceeds due the Office of the Arkansas Lottery, the Director of the Office of the Arkansas Lottery may close the business of a retailer if the retailer fails to comply with § 23-115-605(b) three (…

(a) A retailer may request an administrative hearing concerning the decision of the Director of the Office of the Arkansas Lottery to close the retailer's business. (b) Within five (5) business days after the delivery or attempted delivery of the notice required by § 23-115-607(c…

(a) (1) If the decision of the hearing officer under § 23-115-608 is to affirm the closure of the business, the decision shall be submitted in writing and delivered by the United States Postal Service or by hand to the retailer.(2) The retailer may seek judicial relief from the d…

(a) If a retailer fails to timely seek administrative or judicial review of a business closure decision or if the business closure decision is affirmed after administrative or judicial review, the Director of the Office of the Arkansas Lottery shall direct the Department of Finan…

(a) The closure of a business under this subchapter shall be grounds for cancellation, suspension, revocation, or termination of a retailer license under § 23-115-604. (b) The closure of a business under this subchapter shall be grounds for the suspension or revocation of any bus…

The Office of the Arkansas Lottery may promulgate rules necessary for the implementation and enforcement of this subchapter.

(a) (1) The Office of the Arkansas Lottery may purchase, lease, or lease-purchase goods or services as necessary for effectuating the purposes of this chapter.(2) The office may make procurements that integrate functions, including without limitation:(A) Lottery design;(B) Ticket…

(a) (1) Lottery proceeds are the property of the Office of the Arkansas Lottery.(2) (A) The office shall pay its operating expenses from its lottery proceeds.(B) (i) An amount of lottery proceeds determined by the office to maximize net proceeds for scholarships shall be made ava…

(a) (1) To effectuate the purposes of the Office of the Arkansas Lottery, the office may borrow moneys from the State of Arkansas or accept and expend moneys from the State of Arkansas and shall repay any sums borrowed from the state as soon as practicable.(2) As used in this sec…

(a) A retailer who knowingly sells a ticket or share to a person under eighteen (18) years of age or permits a person under eighteen (18) years of age to play a lottery is guilty of a violation and subject to the following penalties:(1) A fine not to exceed two hundred fifty doll…

The offense of lottery fraud and penalties for a conviction of lottery fraud are provided under § 5-55-501.

(a) A person shall not knowingly make:(1) A material false statement in an application for a license or proposal to conduct a lottery; or(2) A material false entry in any book or record that is compiled, maintained, or submitted to or for the benefit of the Office of the Arkansas…

(a) Section 5-66-101 et seq. and all other laws and parts of laws inconsistent with this chapter are expressly declared not to apply to any person engaged in, conducting, or otherwise participating in lotteries. (b) A person is not guilty of any criminal offense set forth in § 5-…

(a) The General Assembly finds that a paid fantasy sports game conducted in compliance with this chapter does not constitute gambling for any purpose. (b) Paid fantasy sports games conducted in compliance with this chapter are exempt from § 5-66-101 et seq.

(1) As used in this chapter:(1) “Game operator” means a person who:(A) Is engaged in the business of professionally conducting paid fantasy sports games for cash prizes for members of the general public; and(B) Requires cash or a cash equivalent as an entry fee to be paid by a me…