In his second veto of the legislative session, Arkansas Governor Asa Hutchinson vetoed SB 496, a measure that would have banned state Alcoholic Beverage Control officers from enforcing laws on video slot machines in places where alcohol is sold, such as Mom-and-Pop gas stations across the state where the machines have proliferated.
Sponsored by state Senator Scott Flippo, the bill had passed both the House and Senate last month. However, Hutchinson said it was his duty to ensure standard law enforcement procedures were maintained. He added he vetoed the bill because it “would require law enforcement officers to ignore illegal conduct.”
Proponents of the bill said they wanted to stop local businesses from being harassed by law enforcement. Lawmakers supported the bill since it allowed local business owners to earn extra income through offering a few gaming machines in their establishments. The business owners claim their operations are legal since they do not offer cash prizes to winners. Gas stations offering the video slot machines allow players to use winnings to pay for groceries, gas or other items at the store.
Cody Hiland, prosecutor for the 20th Judicial District, said, “You can’t give things of value in exchange for a game of chance. That’s what’s happening here.” He noted under the Arkansas constitution, video gambling machines are illegal. “The problem is this violates the public policy of the state of Arkansas. If the legislature has a problem with the gambling enforcement, they need to make gambling legal,” he said.
The legislation passed with just 53 votes in the House–two more than necessary to override a veto, which could be a possibility when the legislature reconvenes to adjourn May 1.
The governor’s veto could impact his nephew, attorney and state Senator Jeremy Hutchinson, who represents a gambling machine seller in a lawsuit in St. Francis Circuit Court, contending the devices are not illegal gambling.
