First Special Session of the Alabama Legislature 2016

Gambling



Click a bill to see sponsor(s), summary (including link to full text), League action and justification for that action, and progress of the bill through the legislative process.

Legend:
thumbs_up_icon.jpg = LWVAL's support for the legislation.
thumbs_down_icon.jpg = LWVAL's opposition to the legislation.
green-right-arrow.jpg = new bill activity; change from previous week's report such as new progress in the legislature and/or League action. Bill may be one newly added to the report. These updates are in green font.

NOTE: The League of Women Voters of Alabama does not hold a position on lotteries or other means of gambling. LWVAL supports or opposes a bill based on League positions that do address the bill. Most gambling legislation is addressed under the section covering monitored bills.

LWVAL has taken a position on this bill:

thumbs_down_icon.jpgSB26 - a bill establishing a gaming compact, a proposed constitutional amendment - Gaming, Governor, negotiation of gaming compact with Poarch Creek Indians required; const. amend. SEE SB26 SUBSTITUTE 179238-2

Sponsors(s): Senators Albritton, Pittman and Livingston

Summary/Synopsis: The bill proposes an amendment to the Constitution of Alabama of 1901, to require the Governor to negotiate a compact for gaming with the Poarch Band of Creek Indians.

The compact, good for more than 25 years, would cover the operation of Class 4 III gaming as defined in the Indian Gaming Regulatory Act. This includes, but is not limited to it: (1) slot machines, (2) video lottery terminals, (3) banking or banked card games (e.g., baccarat, chemin de fer, and blackjack), and (4) table games such as roulette and craps. Operations would be restricted to the Poarch Band of Creek Indians lands held in trust by the United States for the benefit of the Poarch Band of Creek Indians pursuant to Section 5 of the Indian Reorganization Act of 1934.

The governor is given the authority to:
  • negotiate, execute, and deliver any and all documents on behalf of the state
  • enter into any agreement and/or compact with any potential gaming operator in furtherance of any gaming and resort project likely to provide or maintain job opportunities to individuals even if the project is to be located on Poarch Creek lands.

And the state “may provide, without limitation as to any other rights or interests which it is authorized to provide under relevant law, contractual, license, or licensure rights to any one or more parties, without regard to any type of request for proposal process and without regard to whether the contractual
licensure rights are granted on an exclusive or non-exclusive basis or whether in perpetuity or shorter period of time, so long as the provision or granting of rights or interest or other thing of value by the state to any potential gaming operator has been negotiated in good faith. If negotiated in good faith by the state, any consideration received or to be received by the state pursuant to this amendment, whether monetary or otherwise, shall be adequate and no action shall be had for private inurement or other unlawful waste, use, or misappropriation of public funds.”


[NOTE: Underlined material dropped from the original bill and replaced with material given below.]

Once negotiated and executed copies of the compact would be delivered to President Pro Tempore of the Senate and the Speaker of the House and also be filed with the Secretary of State who would forward a copy the United States Secretary of the Interior for review and approval.

Disputes between the state and the Poarch Band of Creek Indians tied to the compact or compact negotiations may be resolved in federal courts as long as state immunity under the Eleventh Amendment of the U.S. Constitution is expressly waived by the state for the limited purpose of dispute resolution in federal court and there is an equivalent submission by the Poarch Band of Creek Indians to the jurisdiction of the federal courts.

SB26 SUBSTITUTE 179238-2

Summary/Synopsis of Changed Material in SB26 Substitute 179238-2:

The provisions of the original bill underlined in the summary/synopsis description posted above have been replaced with the language given below.

“Section 1. (a) The Governor or the Governor's designee is hereby authorized and instructed to negotiate in good faith and conclude a compact pursuant to the Indian Gaming Regulatory Act with the Poarch Band of Creek Indians.

(b) Gaming pursuant to a compact as described in this section is permitted to be conducted and operated by the Poarch Band of Creek Indians for a term of more than 25 years on those lands held in trust by the United States for the benefit of the Poarch Band of Creek Indians pursuant to Section 5 of the Indian Reorganization Act of 1934 in return for consideration under terms to be established in the compact.”

The other provisions in the original bill are unchanged.


League Action and Justification: Oppose (both the original bill and the substitute 179238-2)

LWVAL opposition is due to what appears to be the lack of checks and balances in the process by which the compact and agreements with a potential operator would be developed and executed.

Bill Progress in Legislature:

08/15/2016: First Reading and referred to the Senate Committee on Tourism and Marketing (T&M).

08/17/2016: 2nd Read and placed on the calendar with 1 Substitute; Pending third read and favorable from T&M with 1 Substitute (179238-2)

LWVAL is monitoring these bills:

green-right-arrow.jpgSB3/HB12 - Gov. Bentley’s proposed constitutional amendment on a lottery - Lottery, authorized, Lottery Commission established, distrib. of revenue to General Fund, authorized for sale of lottery tickets, effects of amendment limited, const. amend.
green-right-arrow.jpgSB34 - Another constitutional amendment on a lottery proposed by Gov. Bentley - Lotteries, authorized, Alabama Lottery Commission, established, const. amend. SEE SB34 SUBSTITUTE 179237-2

Sponsor(s):
SB3: Senators Jim McClendon and Dial
HB12: Representative Alan Harper
SB34: Senator Smitherman

Summary/Synopsis:
Under existing law, lotteries and gift enterprises are prohibited.

This bill would propose an amendment to Section 65 of the Constitution of Alabama of 1901, to authorize an Alabama Lottery and dedicate the proceeds from the lottery, after expenses and prizes, to the state General Fund, for the ordinary expenses of the executive, legislative and judicial departments of the state. The amendment explicitly states that no other area of Section 65 is negated if the amendment passes; so, other gambling listed in Section 65 will still be barred.

The amendment establishes an Alabama Lottery Commission to implement, administer, and regulate the operation of such State Lottery and requires the Legislature to pass general laws necessary to implement the amendment. The Commission would have seven (7) members appointed by the governor and confirmed by the Senate. This would be done at the next legislative session. The Commission could also establish “reciprocal agreements with other jurisdictions for the operation and promotion of the activities authorized by this amendment.”

NOTE: If this amendment or any other version passes by August 24, it could appear on the November 2016 General Election ballot.

SB34 SUBSTITUTE 179237-2
Proposing an amendment to Section 65 of the Constitution of Alabama of 1901 to:
  • authorize an Alabama Lottery
  • provide for the allocation of the lottery proceeds to the State General Fund
  • authorize certain electronic lotteries by entities currently licensed to conduct pari-mutuel Birmingham
  • establish an Alabama State Lottery Commission
  • require the Legislature to pass implementing legislation



SB3 As amended and passed in the Senate

The bill allows only the lottery specified in the bill, adds checks and balances, and offers some restrictions that should limit special interest influence and help to promote transparency and accountability.


After lottery expenses and payouts are paid the first $100,000,000 generated annual were earmarked for the Medicaid. However, no expenses and other costs associated with the advertisement and promotion could be paid from proceeds of the lottery.”

“The allocation of proceeds from the Alabama Lottery . . . shall be supplemental and shall not be used to supplant other Education Trust Fund Appropriations and other funding sources.”
[Note: Such supplanting has occurred in other states.]

Establishes an Alabama State Lottery Commission to administer and regulate the Alabama Lottery. The even members are to be appointed by the following with the advice and consent of the Senate: three members by the Governor and one each by the Speaker of the House, President Pro Tempore of the Senate, Commissioner of Agriculture and Industries and the Lieutenant Governor.

“The appointing authorities shall coordinate their appointments to assure the commission membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.”

Qualifications for commission members are:

  1. residents of the State of Alabama
    2 United States citizens
    3 prominent persons in their businesses or profession.
    4 may not have been convicted of a felony
    5 may not be the executive director of or employee of the commission, an officer of or occupy an official position in any political party, or an elected official.

"Members shall serve a term of four years and may serve two complete terms and any portion of an initial term of less than four years or any portion of an unexpired term to which appointed. Any vacancy occurring on the commission shall be filled for the unexpired term by the appointing authority as described in this section or as otherwise provided by act of the Legislature.” Staggered terms are established for the first appointments to the commission.

Commission members and employees are made subject to the Ethics Law, the Open Records Act, the Open Meetings Act, and the Administrative Procedure Act.

“An individual or entity contracting with the commission to provide services, technology, or equipment related to the operation of the Alabama Lottery may not employ a statewide elected official or legislator, or an immediate family member of an elected official or legislator, or contribute to a candidate for a statewide office or the Legislature.” [Emphasis added}

"The commission may not hire or otherwise contract with registered lobbyists or governmental affairs staff or consultants.” [Emphasis added}


The Legislature is given the duty to enact implantation legislation.

League Action: Monitor.


Bill Progress in Legislature:

SB3:

08/15/2016: First Reading and referred to the Senate Committee on Tourism and Marketing (T&M).
08/16/2016: Read for the second time and placed on the calendar.
08/17/2016: 2nd Read and placed on the calendar; Pending third read and favorable from T&M

The chart below shows the legislative action on this bill 8/18/2016 to 8/25/2016. Although the amendments listed here are not linked, the reader is invited to view this chart and then examine the various instruments by visiting this page on the Alabama Legislative Information System Online:
http://alisondb.legislature.state.al.us/alison/SESSBillStatusResult.ASPX?BILL=SB3&WIN_TYPE=BillResult


08/18/2016

S


Third Reading Carried Over to Call of the Chair

 

 
 
 
 

08/18/2016

S

179439-1

McClendon Amendment Offered

 

 
 
 
 

08/18/2016

S


McClendon motion to Adopt adopted Roll Call 20

 

 
 
 
Roll 20

08/18/2016

S

179440-1

Blackwell Amendment Offered

 

 
 
 
 

08/18/2016

S


Blackwell motion to Adopt adopted Roll Call 21

 

 
 
 
Roll 21

08/18/2016

S


Marsh motion to Carry Over to the Call of the Chair adopted Voice Vote

 

 
 
 

08/19/2016

S


Third Reading Passed

 

 
 
 
 

08/19/2016

S

179464-1

Holtzclaw Amendment Offered

 

 
 
 
 

08/19/2016

S


Holtzclaw motion to Adopt lost Roll Call 25

 

 
 
 
Roll 25

08/19/2016

S

179463-1

Holtzclaw Amendment Offered

 

 
 
 
 

08/19/2016

S


Holtzclaw motion to Adopt lost Roll Call 26

 

 
 
 
Roll 26

08/19/2016

S

179472-1

Reed Amendment Offered

 

 
 
 
 

08/19/2016

S


Reed motion to Adopt lost Roll Call 27

 

 
 
 
Roll 27

08/19/2016

S

179458-1

Reed Amendment Offered

 

 
 
 
 

08/19/2016

S


Reed motion to Adopt adopted Roll Call 28

 

 
 
 
Roll 28

08/19/2016

S

179460-1

Sanford Amendment Offered

 

 
 
 
 

08/19/2016

S


Sanford motion to Adopt adopted Roll Call 29

 

 
 
 
Roll 29

08/19/2016

S

179217-1

McClendon Amendment Offered

 

 
 
 
 

08/19/2016

S


McClendon motion to Adopt adopted Roll Call 30

 

 
 
 
Roll 30

08/19/2016

S

179519-1

Figures Amendment Offered

 

 
 
 
 

08/19/2016

S


Figures motion to Adopt adopted Roll Call 31

 

 
 
 
Roll 31

08/19/2016

S

179523-1

Smitherman Amendment Offered

 

 
 
 
 

08/19/2016

S


Smitherman motion to Adopt adopted Roll Call 32

 

 
 
 
Roll 32

08/19/2016

S

179517-1

Williams Amendment Offered

 

 
 
 
 

08/19/2016

S


Williams motion to Adopt adopted Roll Call 33

 

 
 
 
Roll 33

08/19/2016

S

179480-2

Whatley Amendment Offered

 

 
 
 
 

08/19/2016

S


McClendon motion to Table adopted Voice Vote

 

 
 
 

08/19/2016

S

179488-2

Whatley Amendment Offered

 

 
 
 
 

08/19/2016

S


McClendon motion to Table adopted Voice Vote

 

 
 
 

08/19/2016

S

179486-2

Whatley Amendment Offered

 

 
 
 
 

08/19/2016

S


McClendon motion to Table adopted Voice Vote

 

 
 
 

08/19/2016

S

179493-1

Whatley Amendment Offered

 

 
 
 
 

08/19/2016

S


McClendon motion to Table adopted Roll Call 34

 

 
 
 
Roll 34

08/19/2016

S

179510-1

Orr Amendment Offered

 

 
 
 
 

08/19/2016

S


Orr motion to Adopt adopted Roll Call 35

 

 
 
 
Roll 35

08/19/2016

S

179529-1

Figures Amendment Offered

 

 
 
 
 

08/19/2016

S


Figures motion to Adopt adopted Roll Call 36

 

 
 
 
Roll 36

08/19/2016

S

179452-3

Reed Amendment Offered

 

 
 
 
 

08/19/2016

S


Reed motion to Adopt adopted Roll Call 37

 

 
 
 
Roll 37

08/19/2016

S


Motion to Read a Third Time and Pass adopted Roll Call 38

 

 
 
 
Roll 38

08/19/2016

S


Dial motion to Reconsider and table adopted Voice Vote

 

 
 
 

08/19/2016

S


Engrossed

 

 
 
 
 

08/19/2016

H


Read for the first time and referred to the House of Representatives committee on Economic Development and Tourism

ED&T

 
 
 
 

08/24/2016

H


Read for the second time and placed on the calendar with 1 substitute and

 

 
 
 
 

08/25/2016

H


Third Reading Passed

 

 
 
 
 

08/25/2016

H

179539-3

Economic Development and Tourism first Substitute Offered

 

 
 
 
 

08/25/2016

H


Motion to Adopt offered

 

 
 
 
 

08/25/2016

H

179459-1

Ford Substitute to Substitute Offered

 

 
 
 
 

08/25/2016

H


Harper motion to Table adopted Roll Call 57

 

 
 
 
Roll 57

08/25/2016

H


Motion to Adopt adopted Roll Call 58

 

 
 
 
Roll 58

08/25/2016

H

179701-1

Boyd Amendment Offered

 

 
 
 
 

08/25/2016

H


Motion to Adopt lost Roll Call 59

 

 
 
 
Roll 59

08/25/2016

H

179657-1

Lindsey Amendment Offered

 

 
 
 
 

08/25/2016

H


Harper motion to Table lost Roll Call 60

 

 
 
 
Roll 60

08/25/2016

H


Motion to Adopt adopted Roll Call 61

 

 
 
 
Roll 61

08/25/2016

H


Scott and Jackson intended to vote "Yea"

 

 
 
 
 

08/25/2016

H

179679-3

Rowe Amendment #1 Offered

 

 
 
 
 

08/25/2016

H


Harper motion to Table adopted Roll Call 62

 

 
 
 
Roll 62

08/25/2016

H

179679-4

Rowe Amendment #2 Offered

 

 
 
 
 

08/25/2016

H


Rowe motion to withdraw her amendment adopted Voice Vote

 

 
 
 

08/25/2016

H

179682-1

Jones Amendment Offered

 

 
 
 
 

08/25/2016

H


Harper motion to Table adopted Roll Call 63

 

 
 
 
Roll 63

08/25/2016

H

179508-1

Hanes Amendment Offered

 

 
 
 
 

08/25/2016

H


Motion to Adopt adopted Roll Call 64

 

 
 
 
Roll 64

08/25/2016

H

179738-2

Williams (P) Amendment Offered

 

 
 
 
 

08/25/2016

H


Harper motion to Table adopted Roll Call 65

 

 
 
 
Roll 65

08/25/2016

H


Williams (P) motion to withdraw his amendment adopted Voice Vote

 

 
 
 

08/25/2016

H

179715-1

Rogers Amendment #1 Offered

 

 
 
 
 

08/25/2016

H


Rogers motion to withdraw his amendment #1 adopted voice vote

 

 
 
 

08/25/2016

H

179719-1

Rogers Amendment #2 Offered

 

 
 
 
 

08/25/2016

H


Harper motion to Table adopted Roll Call 66

 

 
 
 
Roll 66

08/25/2016

H


Rowe intended to vote "Yea"

 

 
 
 
 

08/25/2016

H

 

Moore (M) Amendment #1 Offered

 

 
 
 
 

08/25/2016

H


Moore (M) motion to withdraw her amendment adopted Voice Vote

 

 
 
 

08/25/2016

H

179716-1

Moore (M) Amendment #2 Offered

 

 
 
 
 

08/25/2016

H


Moore (M) motion to withdraw her amendment #2 adopted Voice Vote

 

 
 
 

08/25/2016

H


Ainsworth and Hanes intended to vote "Yea" and Ball and Williams (P) ntended to vote "Nay"

 

 
 
 
 

08/25/2016

H

179753-1

Wadsworth Amendment #1 Offered

 

 
 
 
 

08/25/2016

H


Harper motion to Table adopted Roll Call 68

 

 
 
 
Roll 68

08/25/2016

H


Gaston motion to recess adopted Voice Vote

 

 
 
 

08/25/2016

H

179713-1

Rogers Amendment #3 Offered

 

 
 
 
 

08/25/2016

H


Harper motion to Table adopted Roll Call 67

 

 
 
 
Roll 67

08/25/2016

H


Fincher intended to vote "Nay"

 

 
 
 
 

08/25/2016

H

179611-1

Greer Amendment Offered

 

 
 
 
 

08/25/2016

H


Harper motion to Table adopted Roll Call 69

 

 
 
 
Roll 69

08/25/2016

H

 

Rowe Amendment #3 Offered

 

 
 
 
 

08/25/2016

H


Rowe motion to Miscellaneous adopted Voice Vote

 

 
 
 

08/25/2016

H

 

Rowe Amendment Offered

 

 
 
 
 

08/25/2016

H


Motion to Adopt adopted Roll Call 70

 

 
 
 
Roll 70

08/25/2016

H


Lee motion to Previous Question lost Roll Call 71

 

 
 
 
Roll 71

08/25/2016

H

179761-1

Fridy Amendment Offered

 

 
 
 
 

08/25/2016

H


Harper motion to Table adopted Roll Call 72

 

 
 
 
Roll 72

08/25/2016

H

179763-2

Rogers Amendment #4 Offered

 

 
 
 
 

08/25/2016

H


Motion to Adopt adopted Roll Call 73

 

 
 
 
Roll 73

08/25/2016

H

179762-2

Ainsworth Amendment Offered

 

 
 
 
 

08/25/2016

H


Harper motion to Table lost Roll Call 74

 

 
 
 
Roll 74

08/25/2016

H


Harper motion to Table adopted Roll Call 75

 

 
 
 
Roll 75

08/25/2016

H

179699-1

Lawrence Amendment Offered

 

 
 
 
 

08/25/2016

H


Harper motion to Table adopted Roll Call 76

 

 
 
 
Roll 76

08/25/2016

H

179613-1

McMillan Amendment Offered

 

 
 
 
 

08/25/2016

H


Harper motion to Table adopted Roll Call 77

 

 
 
 
Roll 77

08/25/2016

H


England motion to reconsider Boyd's amendment LOST

 

 
 
 
Roll 78

08/25/2016

H


Ainsworth, Hanes, Whorton (R) intended to vote "Yea"'; Ball and Williams (P) intended to vote "Nay"

 

 
 
 
 

08/25/2016

H

179737-3

Williams (JD) first Substitute Offered

 

 
 
 
 

08/25/2016

H


Harper motion to Table adopted Roll Call 79

 

 
 
 
Roll 79

08/25/2016

H


Harper motion to Table adopted Roll Call 80

 

 
 
 
Roll 80

08/25/2016

H

179772-1

Wadsworth Amendment #2 Offered

 

 
 
 
 

08/25/2016

H

179730-1

Hurst Amendment Offered

 

 
 
 
 

08/25/2016

H


Harper motion to Table adopted Roll Call 81

 

 
 
 
Roll 81

08/25/2016

H


Harper motion to Table adopted Roll Call 82

 

 
 
 
Roll 82

08/25/2016

H

179777-1

Henry Amendment Offered

 

 
 
 
 

08/25/2016

H


Holmes (A) motion to Previous Question lost Roll Call 83

 

 
 
 
Roll 83

08/25/2016

H


Harper motion to Table adopted Roll Call 84

 

 
 
 
Roll 84

08/25/2016

H

179678-1

Ingram Amendment Offered

 

 
 
 
 

08/25/2016

H


Harper motion to Table adopted Roll Call

 

 
 
 

08/25/2016

H


Mooney intended to vote "Nay"

 

 
 
 
 

08/25/2016

H


Harper motion to Table adopted Roll Call 85

 

 
 
 
Roll 85

08/25/2016

H


Mooney intended to vote "Nay"

 

 
 
 
 

08/25/2016

H

179619-1

Whorton (I) Amendment Offered

 

 
 
 
 

08/25/2016

H


McMillan motion to remove his amendment from the table pending

 

 
 
 
 

08/25/2016

H


Harper motion to Table adopted Roll Call 86

 

 
 
 
Roll 86

08/25/2016

H

179731-4

Henry first Substitute Offered

 

 
 
 
 

08/25/2016

H


Harper motion to Table adopted Roll Call 87

 

 
 
 
Roll 87

08/25/2016

H


Todd motion to Previous Question lost Roll Call 88

 

 
 
 
Roll 88

08/25/2016

H


Mooney motion to Previous Question adopted Roll Call 89

 

 
 
 
Roll 89

08/25/2016

H


Motion to Read a Third Time and Pass lost Roll Call 90

 

 
 
 
Roll 90

08/25/2016

H


Harper motion to reconsider offered

 

 
 
 
 

08/25/2016

H


Lee motion to Table lost Roll Call 91

 

 
 
 
Roll 91

08/25/2016

H


Harper motion to Adopt adopted Roll Call 92

 

 
 
 
Roll 92

08/25/2016

H


Motion to Previous Question lost Roll Call 93

 

 
 
 
Roll 93

08/25/2016

H


Henry motion to adopted Roll Call 94

 

 
 
 
Roll 94

08/25/2016

H


Motion to Read a Third Time and Pass adopted Roll Call 95

 

 
 
 
Roll 95

 

S


 

 

 
 
 
 


HB12:
08/16/2016: First Reading and referred to the House Committee on the Economic Development and Tourism (ED&T).

SB34:
08/15/2016: First Reading and referred to the Senate Committee on Tourism and Marketing (T&M).
08/17/2016: 2nd Read and placed on the calendar with 1 Substitute 179237-2; Pending third read and favorable from T&M with 1 Substitute



HB6 - Another lottery bill other than the governor's, a proposed constitutional amendment - Lottery, authorized, Alabama Lottery Corporation, created, distrib. of revenues for college scholarships, Sec. 65, Constitution of Alabama of 1901 am'd., const. amend.

Sponsor(s): Representative Ford

Summary/Synopsis:
This bill proposes an amendment to Section 65 of the Constitution of Alabama of 1901, to establish an Alabama Lottery to fund scholarships and to create an Alabama Lottery Corporation to implement and to regulate the operation of the lottery.

The amendment dedicates the net proceeds from the lottery to the Lottery Trust Fund for scholarships for students to attend a public two- or four-year college located in Alabama and creates the Fund. It authorizes the Legislators to pass general laws to implement the amendment but gives no guidelines for their content.


League Action and Justification: Monitor.

Bill Progress in Legislature:
08/16/2016:
First Reading and referred to the House Committee on the Economic Development and Tourism (ED&T).


HB13 - Another lottery bill other than the governor's, a proposed constitutional amendment - Lotteries, Legislature authorized to provide by general law, const. amend

Sponsor(s): Representative Harper

Summary/Synopsis: The legislature establishes authority for a lottery to be operated on behalf and for the benefit of the state under terms and regulations set forth by general law. No specifics are included:


League Action and Justification: Monitor.

Bill Progress in Legislature:

08/16/2016: First Reading and referred to the House Committee on the Economic Development and Tourism (ED&T).

HB7 - A lottery and other gambling combined in one bill, a proposed constitutional amendment - Alabama Lottery and Alabama Lottery Corporation estab., gaming regulated at racetracks where pari-mutuel wagering currently legal, and one other loctation, state gross receipts tax and local gross receipts tax levied, tax on vendors of gaming equipment levied, disposition of proceeds provided, Alabama Gaming Commission created to regulate and administer gaming, Governor authorized to negotiate a compact with Poarch Band of Creek Indians, Lottery Trust Fund estab., proceeds allocated to college scholarships, Legislature required to pass enabling legislation, constitutional amendment

Sponsor(s): Representative Ford

Summary/Synopsis: This “everything but the kitchen sink” bill combines the features of some of the other gambling bills as well as new areas of coverage including strong investigative authority for a new Gaming Commission.

It proposes an amendment to Section 65 of the Constitution of Alabama of 1901, to:
  • authorize and regulate gaming by an entity licensed by the county commission of the county in which the sponsor of the amendment resides and by the entities currently licensed to conduct pari-mutuel wagering at the four existing racetracks in Alabama where pari-mutuel wagering is currently legal;
  • levy a state gross receipts tax and a local gross receipts tax on gaming revenue of the entities;
  • levy a state tax on vendors of gaming equipment
  • provide for the disposition of the state tax proceeds;
  • create the Alabama Gaming Commission to implement, regulate, and administer gaming;
  • set membership on the Gaming Commission at five members with each of the following appointing one member with the advice and consent of the Senate: Governor; Lt. Governor; Attorney General; Speak of the House; and Senate President Pro Tempore;
  • sets qualifications and terms for members of the Gaming Commission;
  • place the Gaming Commission and its members under the jurisdiction of the Ethics Law, Open Records Act, Open Meetings Act, and Administrative Procedure Act, and gives it the power and authority to issue subpoenas and compel the attendance of witnesses at any place within this state, to administer oaths, and to require testimony under oath;
  • authorize the Governor to negotiate a compact for gaming with the Poarch Band of Creek Indians;
  • establish an Alabama Lottery to fund scholarships;
  • create an Alabama Lottery Corporation to implement and to regulate the operation of the lottery;
  • dedicate the net proceeds from the lottery to the Lottery Trust Fund for scholarships for students to attend a public two- or four-year college located in Alabama;
  • and establish the Lottery Trust Fund
  • and require the Legislature to pass general laws to implement the amendment.

League Action and Justification: Monitor.

Bill Progress in Legislature:

08/16/2016: First Reading and referred to the House Committee on the Economic Development and Tourism (ED&T).

HB29 - A lottery and other gambling combined in one bill, a proposed constitutional amendment - Alabama Lottery and Alabama Lottery Corporation estab., gaming regulated at racetracks where pari-mutuel wagering currently legal, state gross receipts tax and local gross receipts tax levied, tax on vendors of gaming equipment levied, disposition of proceeds provided, Alabama Lottery and Gaming Commission created to regulate and administer gaming, Governor authorized to negotiate a compact with Poarch Band of Indians, constitutional amendment

Sponsor(s): Representative Knight

Summary/Synopsis: This bill proposes an amendment to Section 65 of the Constitution of Alabama of 1901 to:
  • establish an Alabama Lottery and the Alabama Lottery Corporation;
  • provide that the game of bingo authorized by Amendments 440, 600, 732, 743, 16 and 744, to the Constitution of Alabama of 1901, in Mobile, Jefferson, Greene, Macon Counties, and the Town of White Hall may be played in those jurisdictions on any electronic machine that is authorized by the National Indian Gaming Commission pursuant to the Indian Gaming Regulatory Act, and which is operated by any Native American tribe in Alabama;
  • levy a state gross receipts tax and a local gross receipts tax on revenue from the games in those jurisdictions;
  • levy a tax on vendors of gaming equipment;
  • and provide for the disposition of lottery proceeds and state gaming tax proceeds through a newly created Lottery Trust Fund;
  • create the Alabama Lottery Commission to implement, regulate, and administer gaming and regulate and supervise of the Alabama Lottery and Alabama Lottery Corporation; and
  • require a special 12-day legislative session for the exclusive purpose of enacting general laws to implement the amendment

League Action and Justification: Monitor.

Bill Progress in Legislature:

08/16/2016: First Reading and referred to the House Committee on the Economic Development and Tourism (ED&T).



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