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Back to Video Lottery Terminal Gambling Initiative of 2006

Jerry L. Malone, General Counsel, Office of the Chief Financial Officer
Ridgley C. Bennett, Assistant General Counsel, Office of the Chief Financial Officer
Letter to the Board of Elections and Ethics on Video Lottery Terminal Gambling Initiative of 2006
May 3, 2006

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GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Chief Financial Officer
Office of General Counsel 
1350 Pennsylvania Avenue, N.W., Suite 200, Washington, DC 20004 (202) 727-9528 Fax (202) 724-4217

May 3, 2006

Mr. Kenneth J. McGhie
General Counsel
District of Columbia Board of Elections and Ethics 
441 4th Street, N.W., Suite 250 
Washington, DC 20001

Re: Video Lottery Initiative of 2006 

Dear Mr. McGhie:

An issue has been brought to the attention to the Office of the Chief Financial Officer ("OCFO") concerning the Video Lottery Initiative of 2006 ("Initiative") which is currently pending before the Board of Elections and Ethics ("Board"). Specifically, the Initiative, if passed, would establish a regulatory scheme under which the DC Lottery and Charitable Games Control Board ("DCLB") would be mandated to assume additional regulatory functions. There are costs, as yet undefined, inherently associated with undertaking such additional regulatory functions.

Because of the additional costs associated with assuming the mandatory regulatory functions, the OCFO requests that the BOEE consider whether the additional regulatory costs mandated by the Initiative constitute an appropriation or allocation of funds as prohibited by D.C. Official Code § 1-204.101 (a) (2001), or whether the proposed Initiative would "negate or limit" an act of the D.C. Council as prohibited by D.C. Official Code § 1-204.46 (2001), and, therefore, not be a proper subject matter for the initiative process, as set forth in D.C. Official Code § 11001.16(b)(1).

Sincerely,
Jerry L. Malone,
General Counsel   
Office of the Chief Financial Officer 

Ridgely C. Bennett
Associate General Counsel
Office of the Chief Financial Officer (DCLB)

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