Struck = removed from the bill ·
added = the amendment's new text.
HB151FYHH5CC-1 ENGROSSED: HB151 CURHQJQ-2 By Representatives Blackshear, Whitt (Constitutional Amendment) RFD:
Economic3/6/2024 Development: and Tourism First Read:
08-Feb-24CMH Page2ND 0JONES HB151AMENDMENT EngrossedTO 2HB151 4OFFERED ABY BILLSENATOR TOJONES BEReplace ENTITLEDlines AN236 ACTthrough 9237 Proposingon anpage amendment9 towith the Constitutionfollowing: of Alabama of 2022, relating to lotteries, gift enterprises, and gaming activities;
toshall repealbe andcredited reenactto Section 65 of the ConstitutionGambling ofProceeds AlabamaFund. of 2022, to authorize certain limited forms of gaming activities;
toPage add1 a new Section 65.01 to the Constitution of Alabama of 2022, to establish a gaming commission to regulate and license authorized gaming activities, authorize the Legislature to provide for the membership, powers, and duties of the commission, and establish a law enforcement division within the commission to enforce gaming laws and eradicate unlawful gaming activity and unlawful gaming-related activity;
to add Section 65.02 to the Constitution of Alabama of 2022, to authorize the Legislature to establish and regulate an official state lottery;
to add Section 65.03 to the Constitution of Alabama of 2022, to prohibit certain local amendments to the Constitution of Alabama of 2022, which relate to lotteries, gift enterprises, casino-style games, sports wagering, raffles, or bingo;
to add Section 65.04 to the Constitution of Alabama of 2022, to authorize the Governor to enter into a compact with the Poarch Page 1 HB151 Engrossed Band of Creek Indians for the operation of Class III games on tribal lands;
to add Section 65.05 to the Constitution of Alabama of 2022, to provide for the authority of the Legislature to grant jurisdiction to a court to hear matters concerning gaming;
and to repeal Sections 8-7.00, 20-7.00, 28-7.00, 32-7.00, 35-7.00, 37-7.00, 42-7.00, 43A-2.00, 43A-2.01, 44-7.00, 45-7.00, 49-7.00, 51-7.00, 52-7.00, 57-7.00, 64-7.00, and 64A-2.01 of the Constitution of Alabama of 2022, relating to bingo.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1.
The following amendment to the Constitution of Alabama of 2022, is proposed:
PROPOSED AMENDMENT Part 1.
Section 65 of the Constitution of Alabama of 2022 is repealed and in lieu thereof the following language shall be adopted as Section 65:
Section 65 (a) Except as expressly provided in this constitution, the Legislature shall have no power to authorize any form of gaming activity for any purpose and shall pass laws to prohibit and effectively eradicate any unlawful gaming activity and unlawful gaming-related activity.
(b) The Legislature, by general law, may authorize and provide for the following gaming activities:
(1) An official state lottery, administered by a public corporation established by general law, using only tickets made of cardboard, paper, plastic, or some functionally similar material unless otherwise required to participate in a Page 2 HB151 Engrossed multi-jurisdiction lottery.
(2) Casino-style games played only in person on the premises of a licensed gaming establishment.
(3) Sports wagering conducted only on events that have not yet occurred or are already underway.
(4) Traditional raffles only if registered with the commission.
(5) Traditional bingo, using only cardboard, paper, plastic, or some functionally similar material.
(c) The Legislature may authorize a form of gaming activity not included in subsection (b) or increase or decrease the rate of taxation on a gaming activity provided by general law only upon the receipt of a favorable report from the commission recommending such action to the Legislature and the passage of a general bill by a vote of three-fifths of all members elected to each house of the Legislature taken by yeas and nays and entered upon the journals thereof.
(d) The commission shall issue licenses for no more than seven gaming establishments, including the license contemplated by Section 65.04, where casino-style games may be played.
The commission's issuance of licenses for the gaming establishments shall be subject to procedures and requirements established by general law, including a local approval requirement.
(e) Any person that establishes to the satisfaction of the commission that it conducted gaming activities pursuant to the authority of general law or a local provision of the Constitution of Alabama of 2022, prior to the ratification of Page 3 HB151 Engrossed this amendment may continue to operate until January 1, 2027, so long as the person does all of the following:
(1) Provides the names and addresses of its principal owners and investors, business records, and other information required by the commission.
(2) Provides a sworn statement of its willingness to accept the reasonable regulation of the commission and the State of Alabama.
(3) Pays any applicable state taxes as provided by general law.
95 (4) Provides a description of the gaming activities employed in its operation, the methods of delivery of such gaming activities, the number of machines or devices used to conduct such gaming activities, and other information required by the commission.
Part 2.
Sections 65.01, 65.02, 65.03, 65.04, and 65.05 are added to the Constitution of Alabama of 2022, to read as follows:
Section 65.01 (a) There is established a commission within the executive branch of government to protect consumers from unscrupulous gaming practices, to ensure the integrity of licensed gaming operators, to quickly stop unlawful gaming and unlawful gaming-related activities, to mitigate the effects of problem gaming, to preserve the aesthetic character of the State of Alabama, and to produce revenues that improve the quality of life of residents of the state, all pursuant to general law.
Page 4 HB151 Engrossed (b) The Legislature, by general law, may provide for the membership, powers, and duties of the commission and shall establish a law enforcement division within the commission to police the conduct of all gaming activities within the state and to effectively eradicate any unlawful gaming activity or unlawful gaming-related activity in this state.
Section 65.02 The Legislature, by general law, may provide for the establishment and regulation of an official state lottery that shall be operated and regulated on behalf of the state by a public corporation as an instrumentality of the state under the supervision of the commission.
The Legislature may provide for some portion of the proceeds from the lottery to be used to pay the operating expenses of the lottery, including all prizes, without any appropriation required by law.
Net proceeds from the lottery shall be deposited at least annually into the State Treasury and shall be separately appropriated by the Legislature.
Section 65.03 Beginning on the ratification date of this amendment, any future amendment to this constitution applicable to less than the entire state relating to gaming, including lotteries, gift enterprises, casino-style games, sports wagering, raffles, and bingo, may not take effect and shall be void.
Section 65.04 (a) The Governor shall negotiate and may execute a Tribal-State compact with the Poarch Band of Creek Indians for the operation and regulation of Class III games and sports Page 5 HB151 Engrossed wagering on lands held in trust by the United States for the benefit of the Poarch Band of Creek Indians, as provided under the Indian Gaming Regulatory Act, 25 U.S.C.
§ 2701 et seq.
(b) Following execution of the compact, the Governor shall file the compact with the Secretary of State and the commission.
The Secretary of State shall forward an executed copy of the compact to the Secretary of the Interior for review and approval in accordance with, and to the extent required by, federal law.
(c) In return for the consideration established in the compact contemplated by subsection (a), and for a term as negotiated, the Poarch Band of Creek Indians shall be granted a license, on terms and conditions provided for by general law, to conduct and operate casino-style games at an additional site outside of those lands held in trust.
(d) The state's immunity to suit in federal court under the Eleventh Amendment to the United States Constitution is expressly waived for the sole purpose of resolving disputes arising under the terms of any compact negotiated pursuant to this section.
The waiver of the state's immunity under this section is contingent upon an equivalent submission in the compact by the Poarch Band of Creek Indians to the jurisdiction of federal court.
Section 65.05 Notwithstanding any other provision of this constitution, the Legislature, by general law, may grant original jurisdiction to any court in the State of Alabama, including any appellate court, to hear matters concerning Page 6 HB151 Engrossed gaming, including matters in which the commission or lottery corporation or their members, officers, employees, or agents are named parties.
Part 3.
The following local provisions of the Constitution of Alabama of 2022, which purport to authorize or otherwise relate to bingo or charitable bingo or a lottery or gift enterprise, are repealed:
Sections 8-7.00, 20-7.00, 28-7.00, 32-7.00, 35-7.00, 37-7.00, 42-7.00, 43A-2.00, 43A-2.01, 44-7.00, 45-7.00, 49-7.00, 51-7.00, 52-7.00, 57-7.00, 64-7.00, and 64A-2.01.
Upon ratification of this constitutional amendment, the Code Commissioner shall number and place this amendment as appropriate in the constitution omitting this instructional paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation for purposes of style and uniformity;
correct manifest grammatical, clerical, and typographical errors;
revise internal or external citations and cross-references;
and translate effective dates.
END OF PROPOSED AMENDMENT Section 2.
An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 2022, and the election laws of this state.
The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:
Page 7 HB151 Engrossed "Proposing an amendment to the Constitution of Alabama of 2022, to (1) authorize five limited forms of gaming activity:
an official state lottery administered by a public lottery corporation, casino-style games played only in person at up to seven locally approved licensed gaming establishments, limited sports wagering, traditional raffles, and traditional paper bingo;
(2) establish an Alabama Gaming Commission to regulate licensed gaming, stop unlawful gaming and unlawful gaming-related activity, reduce the effects of problem gaming, preserve the State's aesthetic character, and produce revenues that improve residents' quality of life;
(3) provide a two-year period for phasing out certain activities currently conducted pursuant to local provisions of the Constitution of Alabama of 2022 relating to bingo;
and (4) authorize the Governor to execute a compact with the Poarch Band of Creek Indians to regulate gaming activities on tribal land.
Proposed by Act ____." This description shall be followed by the following language:
"Yes ( ) No ( )." Section 3.
The proposed amendment shall become valid as a part of the Constitution of Alabama of 2022, when approved by a majority of the qualified electors voting thereon.
Page 8 HB151 Engrossed House of Representatives Read for the first time and referred to................08-Feb-24 Representatives committee onEconomic Development and Tourism Read for the second time and placed ont................14-Feb-24 calendar:
1 amendment Read for the third time and passed as a................15-Feb-24 Yeas 70 Nays 32 Abstains 0 JohnTreadwell Clerk Page 9