Enforcement ban gets veto

Alcohol agency allowed to keep policing gambling devices

Gov. Asa Hutchinson on Tuesday vetoed legislation that would bar Alcoholic Beverage Control and its enforcement division from enforcing laws relating to gaming devices or gambling devices under state law.

Senate Bill 496 by Sen. Scott Flippo, R-Mountain Home, cleared the 35-member chamber in a 24-5 vote on March 15 and the 100-member state House in a 53-22 vote on March 28.

Flippo told senators last month that his bill is aimed at helping places such as the Veterans of Foreign Wars and Elks Clubs, that it wouldn't expand gambling and would, instead, make local law enforcement officers and prosecutors responsible for enforcing state laws relating to gambling devices.

But Sen. David Sanders, R-Little Rock, who voted against the bill, said the state's problems with gambling devices go beyond such establishments.

Hutchinson said Tuesday in a letter to senators that he vetoed SB496 because "the action prescribed by the bill is an infringement on the executive's power to enforce the laws enacted by the General Assembly."

The legislation would require law enforcement officers to ignore illegal conduct and would prohibit a specific executive agency from enforcing state law, the Republican governor said.

"Should the Legislature wish to make changes to Arkansas' gambling laws, then addressing those specific code sections would be the appropriate measure," Hutchinson said in his letter.

"Rather, with this bill, the legislative branch has singled out a single enforcement agency in an effort to prevent the executive branch from enforcing existing criminal laws.

"While I respect Senator Flippo's intent to respond to issues raised by his constituents, prohibiting executive enforcement of laws enacted by the General Assembly is not the proper method to address these concerns," the governor said.

Flippo could not be reached by telephone for comment on Tuesday night.

This is the second bill that Hutchinson has vetoed in this year's regular session.

Last month, Hutchinson vetoed House Bill 1581 by Rep. Kim Hammer, R-Benton, that would have implemented a state employee survey to study employee engagement.

Hutchinson said in his veto letter to the House that he wants to "reduce government and eliminate unnecessary rules and regulations where possible," but that the bill creates new regulations and costs.

"While I respect Representative Hammer's intent to quantify employee engagement, legislation mandating an employee survey is both unnecessary and an improper infringement by the General Assembly into the functions and powers of the executive," Hutchinson wrote.

At that time, Hammer said his bill had been in the works for more than 20 months and its point is to find cost savings, allow state employees to provide input, and help the Legislature and governor detect problems sooner.

In a 42-34 vote, the House failed to override the veto. Overturning a veto in Arkansas requires a simple majority of both the House and the Senate.

Metro on 04/05/2017

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