1 | 1 | | 25 LC 55 0450 |
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2 | 2 | | House Resolution 450 |
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3 | 3 | | By: Representatives Wiedower of the 121 |
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4 | 4 | | st |
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5 | 5 | | , Martin of the 49 |
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6 | 6 | | th |
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7 | 7 | | , Williams of the 168 |
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8 | 8 | | th |
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9 | 9 | | , |
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10 | 10 | | Williams of the 148 |
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11 | 11 | | th |
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12 | 12 | | , Hugley of the 141 |
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13 | 13 | | st |
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14 | 14 | | , and others |
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15 | 15 | | A RESOLUTION |
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16 | 16 | | Proposing an amendment to the Constitution of the State of Georgia so as to authorize the |
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17 | 17 | | 1 |
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18 | 18 | | Georgia General Assembly to provide by general law for sports betting in this state; to2 |
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19 | 19 | | provide for the regulation and allocation of revenues of such activities; to provide for related3 |
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20 | 20 | | matters; to provide for the submission of this amendment for ratification or rejection; and for4 |
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21 | 21 | | other purposes.5 |
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22 | 22 | | BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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23 | 23 | | SECTION 1.7 |
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24 | 24 | | Article I, Section II of the Constitution is amended by revising Paragraph VIII as follows:8 |
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25 | 25 | | "Paragraph VIII. Lotteries, |
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26 | 26 | | and nonprofit bingo games, raffles by nonprofit9 |
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27 | 27 | | organizations, and sports betting. (a) Except as herein specifically provided in this10 |
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28 | 28 | | Paragraph VIII, all lotteries, and the sale of lottery tickets, and all forms of sports betting,11 |
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29 | 29 | | pari-mutuel betting, and casino gambling are hereby prohibited; and this prohibition shall12 |
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30 | 30 | | be enforced by penal laws.13 |
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31 | 31 | | (b) The General Assembly may by law provide that the operation of a nonprofit bingo14 |
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32 | 32 | | game shall not be a lottery and shall be legal in this state. The General Assembly may by15 |
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33 | 33 | | law define a nonprofit bingo game and provide for the regulation of nonprofit bingo games.16 |
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34 | 34 | | H. R. 450 |
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35 | 35 | | - 1 - 25 LC 55 0450 |
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36 | 36 | | (c) The General Assembly may by law provide for the operation and regulation of a17 |
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37 | 37 | | lottery or lotteries by or on behalf of the state and for any matters relating to the purposes18 |
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38 | 38 | | or provisions of this subparagraph. Proceeds derived from the lottery or lotteries operated19 |
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39 | 39 | | by or on behalf of the state, as well as proceeds received by the Georgia Lottery20 |
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40 | 40 | | Corporation from its participation in any activities authorized by subparagraph (f) of this21 |
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41 | 41 | | Paragraph, shall be used to pay the operating expenses of the lottery or lotteries, including22 |
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42 | 42 | | all prizes, as well as the operating expenses of the Georgia Lottery Corporation relating to23 |
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43 | 43 | | its participation in any activities authorized by subparagraph (f) of this Paragraph without24 |
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44 | 44 | | any appropriation required by law, and for educational programs and purposes as25 |
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45 | 45 | | hereinafter provided. Lottery proceeds and proceeds received by the Georgia Lottery26 |
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46 | 46 | | Corporation from its participation in any activities authorized by subparagraph (f) of this27 |
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47 | 47 | | Paragraph shall not be subject to Article VII, Section III, Paragraph II; Article III,28 |
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48 | 48 | | Section IX, Paragraph VI(a); or Article III, Section IX, Paragraph IV(c), except that the net29 |
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49 | 49 | | proceeds after payment of such operating expenses shall be subject to Article VII,30 |
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50 | 50 | | Section III, Paragraph II. Net proceeds after payment of such operating expenses shall be31 |
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51 | 51 | | separately accounted for and shall be specifically identified by the Governor in his or her32 |
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52 | 52 | | annual budget presented to the General Assembly as a separate budget category entitled33 |
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53 | 53 | | 'Lottery Proceeds,' and the Governor shall make specific recommendations as to34 |
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54 | 54 | | educational programs and educational purposes to which said net proceeds shall be35 |
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55 | 55 | | appropriated. In the General Appropriations Act adopted by the General Assembly, the36 |
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56 | 56 | | General Assembly shall appropriate all net proceeds of the lottery or lotteries and all net37 |
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57 | 57 | | proceeds received by the Georgia Lottery Corporation from its participation in any38 |
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58 | 58 | | activities authorized by subparagraph (f) of this Paragraph by such separate budget39 |
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59 | 59 | | category to educational programs and educational purposes. Such net proceeds shall be40 |
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60 | 60 | | used to support improvements and enhancements for educational programs and purposes41 |
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61 | 61 | | and such net proceeds shall be used to supplement, not supplant, non-lottery other42 |
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62 | 62 | | educational resources for educational programs and purposes. The educational programs43 |
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63 | 63 | | H. R. 450 |
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64 | 64 | | - 2 - 25 LC 55 0450 |
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65 | 65 | | and educational purposes for which proceeds may be so appropriated shall include only the |
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66 | 66 | | 44 |
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67 | 67 | | following:45 |
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68 | 68 | | (1) Tuition grants, scholarships, or loans to citizens of this state to enable such citizens46 |
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69 | 69 | | to attend colleges and universities located within this state, regardless of whether such47 |
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70 | 70 | | colleges or universities are operated by the board of regents, or to attend institutions48 |
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71 | 71 | | operated under the authority of the Department of Technical and Adult Education |
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72 | 72 | | 49 |
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73 | 73 | | Technical College System of Georgia;50 |
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74 | 74 | | (2) Voluntary pre-kindergarten;51 |
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75 | 75 | | (3) One or more educational shortfall reserves in a total amount of not less than52 |
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76 | 76 | | 10 percent of the net proceeds of the lottery for the preceding fiscal year;53 |
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77 | 77 | | (4) Costs of providing to teachers at accredited public institutions who teach54 |
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78 | 78 | | levels K-12, personnel at public postsecondary technical institutes under the authority of55 |
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79 | 79 | | the Department of Technical and Adult Education Technical College System of Georgia,56 |
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80 | 80 | | and professors and instructors within the University System of Georgia the necessary57 |
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81 | 81 | | training in the use and application of computers and advanced electronic instructional58 |
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82 | 82 | | technology to implement interactive learning environments in the classroom and to access59 |
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83 | 83 | | the state-wide distance learning network; and60 |
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84 | 84 | | (5) Capital outlay projects for educational facilities;61 |
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85 | 85 | | provided, however, that no funds shall be appropriated for the items listed in paragraphs (4)62 |
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86 | 86 | | and (5) of this subsection subparagraphs (c)(4) and (c)(5) of this Paragraph until all persons63 |
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87 | 87 | | eligible for and applying for assistance as provided in paragraph (1) of this subsection64 |
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88 | 88 | | subparagraph (c)(1) of this Paragraph have received such assistance, all approved65 |
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89 | 89 | | pre-kindergarten programs provided for in paragraph (2) of this subsection66 |
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90 | 90 | | subparagraph (c)(2) of this Paragraph have been fully funded, and the education shortfall67 |
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91 | 91 | | reserve or reserves provided for in paragraph (3) of this subsection subparagraph (c)(3) of68 |
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92 | 92 | | this Paragraph have been fully funded.69 |
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93 | 93 | | H. R. 450 |
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94 | 94 | | - 3 - 25 LC 55 0450 |
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95 | 95 | | (d) The General Assembly may by law provide for the operation and regulation of sports70 |
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96 | 96 | | betting activities. The proceeds derived from the taxation of such sports betting activities71 |
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97 | 97 | | shall be paid into and dedicated to a special trust fund to be created by the Georgia General72 |
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98 | 98 | | Assembly and designated as the 'Georgia Sports Betting Proceeds Trust Fund,' from which73 |
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99 | 99 | | funds shall be used as provided for in subparagraph (e) of this Paragraph. All other74 |
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100 | 100 | | proceeds derived from the regulation of such sports betting activities shall, notwithstanding75 |
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101 | 101 | | the provisions of Article VII, Section III, Paragraph II(a) and without any appropriation76 |
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102 | 102 | | required by law, be used to pay the operating expenses and, as may be provided by law, to77 |
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103 | 103 | | fund any operating reserves relating to the regulation of the sports betting activities78 |
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104 | 104 | | authorized by this subparagraph, except that the net proceeds after payment of such79 |
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105 | 105 | | operating expenses and the funding of such operating reserves shall be paid into the80 |
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106 | 106 | | Georgia Sports Betting Proceeds Trust Fund.81 |
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107 | 107 | | (e)(1) Proceeds derived from the sports betting activities authorized by82 |
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108 | 108 | | subparagraph (d) of this Paragraph that are required to be paid into the Georgia Sports83 |
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109 | 109 | | Betting Proceeds Trust Fund shall not be subject to the provisions of Article III, Section84 |
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110 | 110 | | IX, Paragraph VI, relating to the allocation of proceeds, or Article VII, Section III,85 |
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111 | 111 | | Paragraph II(a), relating to payment into the general fund of the state treasury, and shall86 |
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112 | 112 | | be specifically identified by the Governor in his or her annual budget presented to the87 |
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113 | 113 | | General Assembly as a separate budget category entitled 'Sports Betting Proceeds.' Such88 |
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114 | 114 | | proceeds that are paid into the Georgia Sports Betting Trust Fund shall be appropriated89 |
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115 | 115 | | by the General Assembly as follows:90 |
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116 | 116 | | (A) Fifteen percent of the first $150 million of such proceeds in a fiscal year shall be91 |
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117 | 117 | | appropriated by the General Assembly for programs and services that seek to prevent92 |
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118 | 118 | | individuals from experiencing, and provide assistance to individuals who experience,93 |
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119 | 119 | | addiction or other problems relating to betting or gambling; and94 |
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120 | 120 | | (B) Eighty-five percent of the first $150 million of such proceeds in a fiscal year and95 |
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121 | 121 | | all such proceeds in excess of $150 million in a fiscal year shall be appropriated by the96 |
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122 | 122 | | H. R. 450 |
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123 | 123 | | - 4 - 25 LC 55 0450 |
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124 | 124 | | General Assembly for voluntary pre-kindergarten and the other educational programs97 |
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125 | 125 | | and purposes set forth in subparagraph (c) of this Paragraph.98 |
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126 | 126 | | (2) Appropriations of such proceeds paid into the Georgia Sports Betting Proceeds99 |
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127 | 127 | | Trust Fund by the General Assembly that are made pursuant to subparagraph (e)(1)(B)100 |
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128 | 128 | | of this Paragraph shall not be subject to the provisions of Article III, Section IX,101 |
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129 | 129 | | Paragraph IV(c), relating to the lapsing of funds.102 |
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130 | 130 | | (f) The Georgia Lottery Corporation may be authorized by law to participate in any103 |
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131 | 131 | | sports betting activities provided for by the General Assembly pursuant to subparagraph (d)104 |
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132 | 132 | | of this Paragraph; provided, however, that all proceeds received by the Georgia Lottery105 |
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133 | 133 | | Corporation from its participation in such sports betting activities shall be used in106 |
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134 | 134 | | accordance with the provisions of subparagraph (c) of this Paragraph. Any proceeds107 |
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135 | 135 | | derived from any tax imposed by law upon the Georgia Lottery Corporation's participation108 |
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136 | 136 | | in such sports betting activities shall be used in accordance with the provisions of109 |
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137 | 137 | | subparagraph (e) of this Paragraph.110 |
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138 | 138 | | (d)(g) On and after January 1, 1995, the holding of raffles by nonprofit organizations111 |
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139 | 139 | | shall be lawful and shall not be prohibited by any law enacted prior to January 1, 1994. 112 |
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140 | 140 | | Laws enacted on or after January 1, 1994, however, may restrict, regulate, or prohibit the113 |
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141 | 141 | | operation of such raffles."114 |
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142 | 142 | | SECTION 2.115 |
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143 | 143 | | The above proposed amendment to the Constitution shall be published and submitted as116 |
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144 | 144 | | provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the117 |
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145 | 145 | | above proposed amendment shall have written or printed thereon the following:118 |
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146 | 146 | | "( ) YES119 |
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147 | 147 | | ( ) NO120 |
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148 | 148 | | 121 |
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149 | 149 | | Shall the Constitution of Georgia be amended so as to authorize sports |
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150 | 150 | | betting in this state to provide additional funding for pre-kindergarten and |
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151 | 151 | | HOPE scholarships?" |
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152 | 152 | | H. R. 450 |
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153 | 153 | | - 5 - 25 LC 55 0450 |
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154 | 154 | | All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." |
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155 | 155 | | 122 |
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156 | 156 | | All persons desiring to vote against ratifying the proposed amendment shall vote "No." If123 |
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157 | 157 | | such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall124 |
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158 | 158 | | become a part of the Constitution of this state.125 |
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159 | 159 | | H. R. 450 |
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160 | 160 | | - 6 - |
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