Chapter 30.

Alabama Gaming Control Act.

Article 1.

General Provisions.

§41-30-1.

Short title.

This chapter shall be known and may be cited as the Alabama Gaming Control Act.

§41-30-2.

Definitions.

For the purposes of this chapter, the following words have the following meanings:

(1) CASINO-STYLE GAME.

Any commercial or house banked Page 3 HB152 Engrossed game that is played with cards, dice, equipment, or any other mechanical or electronic device or machine, and that is played for money, property, checks, credit, or any other representative of value.

a.

The term includes, but is not limited to, any of the following:

1.

Table games, including, but not limited to, blackjack, baccarat, roulette, craps, twenty-one, poker, Texas hold'em, cassino, five-card draw, three-card draw, chemin de fer (shimmy), pai gow poker, yablon (red dog), let it ride 95 poker, caribbean stud, casino war, video poker, or any variation thereof.

2.

Gaming machines, including, but not limited to, any slot machines as defined in 15 U.S.C.

§ 1171(a)(1), pachinko, video lottery terminals, and video poker.

3.

Pari-mutuel wagering, whether electronic, simulcast, or otherwise.

4.

Any other house banked game or game of chance in which the house takes a fee, as determined by the commission by rule.

b.

The term does not include any non-commercial social game or charitable game operating in accordance with this chapter.

The term does not include bingo, electronic bingo, or any games similar to bingo, including pull-tabs, lotto, punch boards, tip jars, or instant bingo, whether or not played with an electronic, computer, or other technological aid.

The term does not include any other form of gaming activity.

(2) CASINO-STYLE GAMING ACTIVITY.

To operate, carry on, Page 4 HB152 Engrossed conduct, maintain, or expose for play one or more casino-style games.

(3) CHARITABLE FUNDRAISER PERMIT.

A permit issued by the commission to a charitable organization to conduct a charitable game in accordance with this chapter.

(4) CHARITABLE GAME.

A traditional raffle or traditional bingo that is operated by a charitable organization in accordance with this chapter and pursuant to a permit issued by the commission.

The term does not include any casino-style game or sports wagering.

(5) CHARITABLE ORGANIZATION.

An organization to which all of the following apply:

a.

The organization is either of the following:

1.

Organized and operated exclusively for exempt purposes set forth under 26 U.S.C.

§ 501(c)(3), including charitable, religious, veterans, educational, scientific, literary, public safety, and the prevention of cruelty to children or animals.

2.

An elementary or secondary school or nonprofit elementary or secondary school-sponsored club or organization, or any nonprofit elementary or secondary school-affiliated group, including a parent-teacher organization or booster club, whose membership may be composed of individuals other than students.

3.

A domestic fraternal society, order, or association under 26 U.S.C.

§ 501(c)(10) that devotes its net earnings exclusively to religious, charitable, scientific, literary, educational, or fraternal purposes.

Page 5 HB152 Engrossed b.

None of the organization's net proceeds or earnings inure to any private shareholder or person.

c.

The organization does not attempt to influence legislation as a substantial part of its activities and does not participate in any campaign activity for or against political candidates.

(6) COMMISSION.

The Alabama Gaming Commission established by this chapter.

(7) ENFORCEMENT DIVISION.

The Gaming Enforcement Division established by this chapter.

(8) EXECUTIVE DIRECTOR.

The Executive Director of the Alabama Gaming Commission.

(9) GAMING ACTIVITY.

Any casino-style game, lottery game, or sports wagering activity.

(10) GAMING EMPLOYEE.

Any employee, contractor, or other representative of a gaming establishment or sports wagering platform whose job pertains to the operation, control, or outcome of any casino-style gaming activity or sports wagering, or the access, transport, or review of any gaming revenues.

a.

The term includes all of the following:

1.

Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming activities.

2.

Cage and counting room personnel.

3.

Slot personnel.

4.

Table games personnel.

5.

Keno personnel.

Page 6 HB152 Engrossed 6.

Sports wagering platform personnel.

7.

Pari-mutuel wagering personnel.

8.

Individuals whose duties are directly involved with the manufacture, repair, sale, or distribution of gaming equipment.

9.

Individuals who perform, or who supervise the performance of, the function of receiving and transmitting sports wagers.

10.

Information technology personnel who have operational or supervisory control over information technology systems associated with any of the matters related to gaming activities or sports wagering.

11.

Hosts or other individuals empowered to extend credit or complimentary services related to gaming activities.

12.

Gaming machine mechanics.

13.

Odds makers and line setters.

14.

Gaming establishment security personnel.

15.

Gaming establishment shift or pit bosses.

16.

Shills.

17.

Supervisors or managers of any individual described in this subdivision.

18.

Any other individual as determined by the commission by rule.

b.

The term does not include any gaming establishment employee, contractor, or other individual whose duties do not involve gaming activities;

any individual engaged exclusively in preparing or serving food or beverages;

or any individual involved solely in the resort or hotel functions of a licensed Page 7 HB152 Engrossed gaming establishment.

(11) GAMING EQUIPMENT.

Any mechanical, electromechanical, or electronic contrivance, component, or machine used in connection with any casino-style game.

The term includes, but is not limited to, a system for processing information that can alter the normal criteria of a random selection, that affects the operation of any game, or that determines the outcome of a game.

The term does not include a system or device that affects a game solely by stopping its operation so that the outcome remains undetermined.

(12) GAMING ESTABLISHMENT.

A physical location for which the commission has issued a license to authorize casino-style gaming activity to be conducted therein.

(13) GAMING ESTABLISHMENT LICENSE.

A license issued by the commission to operate, carry on, conduct, maintain, or expose for play one or more casino-style games.

(14) GAMING ESTABLISHMENT LICENSEE.

The holder of a gaming establishment license.

(15) GAMING-RELATED ACTIVITY.

Any conduct, whether or not approved by the commission, to which any of the following apply:

a.

Is ancillary to the operation of a gaming establishment.

b.

Is subject to regulation by the commission.

c.

Occurs on the premises of a gaming establishment.

(16) GAMING SERVICES.

Goods or services offered to a gaming establishment licensee by a contractor, employee, or third party which directly relate to the gaming establishment Page 8 HB152 Engrossed or casino-style gaming activity, including, but not limited to, gaming equipment manufacturers, suppliers, and repairers;

gaming management services;

gaming employees;

security services;

and similar services ancillary to the operation of casino-style gaming activities at a licensed gaming establishment.

The term does not include non-gaming auxiliary services, including, but not limited to, restaurants, bars, clubs, and other food and beverage services;

spas;

retail establishments;

entertainment services;

hotel, concierge, and valet services;

laundry services;

and landscaping and other non-gaming property management services.

(17) GAMING SERVICES CONTRACT.

A contract between a gaming establishment licensee and a gaming services provider.

(18) GAMING SERVICES PROVIDER.

A person licensed to provide gaming services to or on behalf of a gaming establishment licensee.

(19) HOUSE BANKED GAME.

Any game of chance that is played with the house as a participant in the game;

where the house takes on players, collects from losers, and pays winners;

and where the house can win.

The term also includes any game in which the house collects a percentage of what is at risk or collects a fee as a condition for participation.

(20) IN-PERSON SPORTS WAGERING LICENSE.

A license issued by the commission to conduct sports wagering, subject to the policies and procedures of the commission and this chapter, through in-person on-premises play at the licensed gaming establishment.

(21) LOTTERY or LOTTERY GAME.

A draw-based game of Page 9 HB152 Engrossed chance that generally involves the drawing of numbers at random for a prize.

The term includes any game deemed a lottery by rule of the commission.

The term may include, but is not limited to, a state lottery, instant lottery game, a multi-jurisdiction lottery, or other draw-based lottery that is approved and conducted through the Alabama Lottery Corporation.

The term does not include video lottery terminals.

The term does not include bingo, electronic bingo, or any game similar to bingo, including pull-tabs, lotto, punch boards, tip jars, or instant bingo, whether or not played with an electronic, computer, or other technological aid.

The term does not include any other form of gaming activity.

(22) LOTTERY RETAILER.

As defined under Section 41-30-401.

(23) LOTTERY TICKET.

Any tangible evidence of proof of participation in, or a right, privilege, or possibility of becoming a winner in, a lottery game.

(24) ONLINE SPORTS WAGERING LICENSE.

A license to operate, carry on, conduct, maintain, or expose for play sports wagering through an online sports wagering platform.

(25) ONLINE SPORTS WAGERING PLATFORM.

A person that, for commercial gain, offers sports wagering over the Internet, including on websites or mobile devices, or both.

(26) NET GAMING REVENUE.

The total amount of money or value in any form received as a result of any gaming activity, whether or not approved by the commission, excluding free bets and promotional credits, less federal excise taxes, voided Page 10 HB152 Engrossed wagers, and the total money or value in any form paid as prizes or winnings, including the cash equivalent of any merchandise or thing of value awarded as a prize.

(27) PARI-MUTUEL WAGERING.

A type of wagering in which bets of a particular type are placed together in a pool conducted by a person and in which the person takes a fee prior to distributing the pool among all winning bets.

(28) PERSON.

An individual, corporation, partnership, association, or other legal or commercial entity.

The term includes any federally recognized Indian tribe.

(29) POARCH BAND OF CREEK INDIANS or PCI.

The federally recognized Indian tribe within the State of Alabama known as the Poarch Band of Creek Indians.

The term includes a wholly owned subsidiary of the tribe.

(30) PRINCIPAL OWNER OR INVESTOR.

Any person who has or controls, whether directly or indirectly, 10 percent or more ownership, income, or profit interest in an applicant for licensure under this chapter or a gaming establishment licensee.

(31) SPORTING EVENT.

Any sport, athletic contest, game, match, race, motor race, electronic sports event, competitive video game event, or similar competitive event, whether amateur, interscholastic, collegiate, or professional, involving two or more competitors, in which the winner is determined by score or placement.

The term does not include any public or private K-12 school or other amateur youth sports or athletic event.

(32) SPORTS WAGERING.

The acceptance of wagers that Page 11 HB152 Engrossed have a basis in a sporting event that has not yet occurred or is already underway, including the outcome of the sporting event or the individual performance statistics of one or more athletes in a sporting event, or a combination thereof by any system or method of wagering.

The term includes, but is not limited to, any of the following that have a basis in a sporting event:

Single-game bets, teaser bets, parlays, over-under, moneyline, pools, exchange wagering, in-game wagering, in-play bets, proposition bets, and straight bets.

The term does not include wagers on fantasy sports contests authorized under general law.

The term does not include bingo, electronic bingo, or any games similar to bingo, including pull-tabs, lotto, punch boards, tip jars, or instant bingo, whether or not played with an electronic, computer, or other technological aid.

The term does not include any other form of gaming activity.

(33) TRADITIONAL BINGO.

A game in which players provide something of value to receive a prize according to the rules of the game commonly known as bingo, which includes each of the following elements:

a.

The game requires human interaction and skill, including attentiveness and discernment and physical, visual, auditory, and verbal interaction by and between those persons who are playing and a person, commonly known as the "announcer" or "caller," who is responsible for calling out the randomly drawn designations and allowing time between each call for the players to check their cards and to physically mark them accordingly.

Page 12 HB152 Engrossed b.

The game requires the player to use actual physical cards made of cardboard, paper, or some functionally similar material that is flat and is preprinted with the grid and the designations referenced above.

(34) TRADITIONAL RAFFLE.

A means of raising money by selling numbered paper tickets where one or more numbered paper tickets are subsequently drawn at random and the holder or holders of a matching ticket wins a prize.

The term does not include bingo, electronic bingo, or any game similar to bingo, including pull-tabs, lotto, punch boards, tip jars, or instant bingo, whether or not played with an electronic, computer, or other technological aid.

The term does not include any other form of gaming activity.

§41-30-3.

Compliance with federal laws.

The State of Alabama, in accordance with 15 U.S.C.

§ 1172, hereby declares that any and all lottery and gaming activity equipment, and the materials, paraphernalia, and supplies thereof, may be transported in interstate commerce into or out of the state, including Poarch Band of Creek Indians trust land, without violating that section, or any other applicable federal law, if the equipment, materials, paraphernalia, and supplies are used, to be used, or have been used in the conduct of gaming activities at licensed gaming establishments or on Poarch Band of Creek Indians trust land.

§41-30-4.

Disclaimer.

Nothing in this chapter shall be deemed to apply to, authorize state or commission regulation or taxation of, or require state or commission approval of, gaming activities or Page 13 HB152 Engrossed sports wagering conducted on land held in trust by the United States for the Poarch Band of Creek Indians, except to the extent that the provision is expressly incorporated into a tribal-state gaming compact entered into by the State of Alabama and the Poarch Band of Creek Indians.

§41-30-5.

No property rights awarded.

Any license or permit awarded under this chapter to conduct any form of gaming activity shall be deemed the granting of the privilege to conduct the activity.

Nothing in this chapter shall be construed as awarding to any person any property right or interest.

Article 2.

Alabama Gaming Commission.

§41-30-50.

Alabama Gaming Commission created.

The Alabama Gaming Commission is created in the executive branch as a state agency to license and regulate the conduct of all lawful sports wagering, charitable gaming activities, lotteries, and casino-style gaming activities conducted within this state, as authorized by the Constitution of Alabama of 2022, and this chapter, and to effectively eradicate any unlawful gaming activity and unlawful gaming-related activity in this state.

The commission shall be located in Montgomery County.

§41-30-51.

Commission membership.

(a) The membership of the commission shall include all of the following:

(1) Four members of the public, appointed by the Governor.

(2) One member of the public, appointed by the Speaker Page 14 HB152 Engrossed of the House of Representatives.

(3) One member of the public, appointed by the President Pro Tempore of the Senate.

(4) One member of the public, appointed by the Lieutenant Governor.

(5) One member of the public, appointed by the President Pro Tempore of the Senate from a list of two nominees submitted by the Minority Leader of the Senate.

(6) One member of the public, appointed by the Speaker of the House of Representatives from a list of two nominees submitted by the Minority Leader of the House of Representatives.

(b)(1) Initial appointments of the commission shall be made no later than July 1, 2024.

The initial appointees shall serve immediately upon appointment and shall continue to serve until confirmed or rejected by the Senate at the first regular or special session of the Legislature held after the initial appointments.

(2) The initial appointees shall hold an organizational meeting of the commission not later than October 1, 2024.

At the organizational meeting, the membership of the commission shall select a chair and a vice chair, who shall serve in that position for two years.

Members of the commission shall draw lots to determine which three appointees shall serve for an initial two-year term;

which three appointees shall serve for an initial three-year term;

and which three appointees shall serve for an initial four-year term.

(c) After the expiration of the initial terms, members Page 15 HB152 Engrossed appointed to the commission shall serve for four-year terms and shall be confirmed with the advice and consent of the Senate at the first regular or special session of the Legislature held after the appointment.

Members 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.

(d) All 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.

(e) Each member of the commission shall satisfy all of the following qualifications:

(1) Shall be a citizen of the United States and a resident of the State of Alabama for at least five years immediately preceding appointment.

(2) Shall be 30 or more years of age.

(3) Shall have no conviction for any federal or state felony offense or any misdemeanor property offense, offense involving fraud, or offense involving moral turpitude as provided under Section 17-3-30.1.

(4) May not be the executive director of the commission or an employee of the commission.

(5) May not be an officer of a political party or the occupant of an official position in a political party.

(6) May not be a public official, as defined under Section 36-25-1.

(7) May not be actively engaged in the business of a Page 16 HB152 Engrossed gaming establishment or in the operation of casino-style gaming activities, lottery games, or sports wagering.

(8) May not be a supplier of devices or equipment used in gaming activities.

(9) May not have a financial interest in any of the following:

a.

A gaming establishment licensee.

b.

An online sports wagering platform.

c.

A lottery retailer or vendor.

d.

A gaming services provider.

e.

A contractor doing business or proposing to do business with the commission, the Alabama Lottery Corporation, or any of the entities described in paragraphs a.

through d.

(f) Any vacancy occurring on the commission shall be filled for the unexpired term by the respective appointing authority.

The appointee shall serve immediately upon appointment and shall continue to serve until confirmed or rejected by the Senate at the first regular or special session of the Legislature held after the appointment.

(g) Each member of the commission shall serve for the duration of the member's term and until either the member's successor is appointed and confirmed by the Senate or, if no successor is appointed, for a period of not more than 18 months following the expiration of the member's term.

(h) Members of the commission shall be subject to the state ethics code under Chapter 25 of Title 36.

(i) Any member of the commission may be removed for cause by his or her respective appointing authority.

Page 17 HB152 Engrossed §41-30-52.

Commission meetings.

(a) The commission shall meet at least quarterly and at other times as called by the chair or a majority of the commission members.

(b) Meetings of the commission shall be subject to the Alabama Open Meetings Act;

provided, that members of the commission may participate in a meeting of the commission in person, by means of telephone conference, video conference, or other similar communications equipment so that all individuals participating in the meeting may hear each other at the same time.

Participation by such means shall constitute presence in person at a meeting for all purposes, including for purposes of establishing a quorum, and the affirmative vote of a majority of the members necessary for any action of the commission.

(d)(1) A majority of members shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the commission.

(2) Action may be taken on motions and resolutions adopted by the commission at any meeting of the commission by an affirmative vote of a majority of present and voting commission members, a quorum being present.

(e) No vacancy in the membership of the commission shall impair the right of the members to exercise all the powers and perform all the duties of the commission.

§41-30-53.

Compensation of members.

Each member of the commission shall receive annual compensation equal to one-half of that of a member of the Page 18 HB152 Engrossed Legislature and the same per diem and travel allowances provided for state employees.

§41-30-54.

Identification, regulation, and taxation of current gaming activities.

The commission may adopt temporary continuing operation rules to implement and administer this chapter and Section 65(e) of the Constitution of Alabama of 2022.

These rules are exempt from the requirements of the Alabama Administrative Procedures Act and shall expire on January 1, 2027.

§41-30-55.

Powers and duties of the commission.

The commission shall adopt, amend, or repeal rules in accordance with the Alabama Administrative Procedure Act and shall have all powers necessary and convenient to fulfilling its duties with respect to gaming activity, gaming-related activity, traditional raffles, and traditional bingo.

These powers include:

(1) To issue subpoenas and compel the production of documents or items and the attendance of witnesses, to administer oaths, to require testimony under oath, and to enforce its orders.

(2) To appoint impartial hearing examiners who may administer oaths and receive evidence and testimony under oath and make recommendations to the commission.

(3) To demand access to or inspect, examine, photocopy, and audit papers, books, records, equipment, supplies, and premises necessary to carry out its duties.

(4) To seize and impound any equipment, supplies, or premises used in violation of laws or commission rules Page 19 HB152 Engrossed governing the conduct of gaming activities, subject to the procedures provided under Section 20-2-93.

(5) To procure goods and services as provided under the state procurement code, Article 5 of Chapter 4 of Title 41.

(6) To impose reasonable civil penalties on any person for violations of this chapter or violations of rules adopted by the commission.

(7) To provide for the issuance of licenses for the operation of casino-style gaming activities and sports wagering and to provide for the renewal, modification, extension, suspension, revocation, transfer, or forfeiture of a license.

(8) To regulate and supervise the conduct and operation of gaming activities.

(9) To adopt rules and procedures to address the failure of a licensee to timely remit taxes, fees, and fines and penalties.

(10) To adopt rules related to the reasonable operation and investment level for each gaming establishment.

(11) To adopt rules limiting access to gaming activities by minors and other susceptible individuals, including a program of voluntary self-exclusion for individuals struggling with problem gaming.

§41-30-56.

Audits and reports.

(a) To ensure the financial integrity of the operation of gaming establishments in this state, the commission shall do all of the following:

(1) Not later than the second legislative day of each Page 20 HB152 Engrossed regular session, submit an annual report to the Governor and the Legislature disclosing the total gaming revenues, operating and administrative expenses of the commission, and information relating to the number of licenses issued, suspended, revoked, or transferred during the reporting period.

The annual report shall additionally describe the organizational structure of the commission and summarize the functions performed by each organizational division within the commission.

The annual report shall be displayed on the website of the commission.

(2) Adopt a system of internal audits and audits of licensees.

(3) Contract with a certified public accountant or firm for an annual financial audit of the commission.

The certified public accountant or firm shall have no financial interest in any vendor with whom the commission is under contract or any licensee of the commission.

The certified public accountant or firm shall present an audit report not later than four months after the end of the fiscal year.

The certified public accountant or firm shall evaluate the internal auditing controls in effect during the audit period.

The cost of this annual financial audit shall be an operating expense of the commission.

(b) The Department of Examiners of Public Accounts shall perform an audit or examination of the commission on an annual basis or more frequently as deemed necessary by the Chief Examiner.

§41-30-57.

Executive director and deputy director of Page 21 HB152 Engrossed the commission.

(a)(1) The commission shall appoint an executive director who shall direct the day-to-day operations and management of the commission and shall be vested with all powers and duties as specified by the commission and by law.

The executive director shall serve at the pleasure of the commission.

(2) The executive director shall meet all of the following qualifications:

a.

Shall be a person of good moral character who has not engaged in conduct involving dishonesty, fraud, or misrepresentation.

b.

May not have a conviction for any felony offense and may not have a conviction for any misdemeanor offense that reflects adversely on the individual's honesty or trustworthiness.

c.

May not be an officer of a political party or the occupant of an official position in a political party.

d.

May not be a public official, as defined under Section 36-25-1.

e.

May not be actively engaged in the business of a gaming establishment or in the operation of casino-style gaming activities, lottery games, or sports wagering.

f.

May not be a supplier of gaming equipment.

g.

Shall possess any other qualifications adopted by the commission by rule.

(3) The executive director shall devote his or her full time and attention to the duties required under this chapter Page 22 HB152 Engrossed and may not hold any other office of profit or perform any other services for profit or any other gain.

(4) The executive director shall receive an annual salary as determined by the commission and approved pursuant to Section 36-6-6 as if he or she were an officer or employee appointed in the exempt service.

(b)(1) The executive director may appoint a deputy director who shall perform duties designated by the executive director.

(2) The deputy director shall receive an annual salary as determined by the executive director and approved pursuant to Section 36-6-6 as if he or she were an officer or employee appointed in the exempt service.

(c) For purposes of the Merit System Act, Article 1 of Chapter 26 of Title 36, the executive director and deputy director shall be employed in the exempt service.

(d) The executive director and any deputy director may not have a financial interest in any of the following:

(1) A gaming establishment licensee.

(2) An online sports wagering platform.

(3) A lottery retailer or vendor.

(4) A gaming services provider.

(5) A contractor doing business or proposing to do business with the commission, the Alabama Lottery Corporation, or any of the entities described in subdivisions (1) through (4).

§41-30-58.

Powers and duties of the executive director.

(a) The executive director shall direct and supervise Page 23 HB152 Engrossed all administrative and technical activities in accordance with this chapter and with the rules, policies, and procedures adopted by the commission.

(b) The powers and duties of the executive director shall include all of the following:

(1) Sue and be sued on behalf of the commission.

(2) Acquire real property in accordance with existing law and make improvements thereon on behalf of the commission.

(3) Make, execute, and effectuate agreements or contracts, including contracts for the purchase of goods and services, as are necessary for the conduct of the business of the commission.

(4) Employ and direct such personnel as deemed necessary.

(5) Employ by contract and compensate persons as deemed necessary for the operation and administration of the commission.

(6) Prepare a budget for the approval of the commission.

(7) Prepare an annual report on behalf of the commission as provided in Section 41-30-56.

(8) Perform other duties as necessary to implement and administer this chapter.

§41-30-59.

Employees of the commission.

(a)(1) An employee of the commission may not have a financial interest in any of the following:

a.

A gaming establishment licensee.

b.

An online sports wagering platform.

Page 24 HB152 Engrossed c.

A lottery retailer or vendor.

d.

A gaming services provider.

e.

A contractor doing business or proposing to do business with the commission, the Alabama Lottery Corporation, or any of the entities described in paragraphs a.

through d.

(2) An employee of the commission with decision-making authority may not participate in any decision involving a gaming establishment licensee with whom the employee has a financial interest.

(b) An employee of the commission who leaves the employment of the commission may not represent any vendor, gaming services provider, or gaming establishment licensee before the commission for a period of two years following termination of employment with the commission.

(c) An applicant for employment with the commission shall submit to the executive director, on a form sworn to by the applicant, his or her name, date of birth, Social Security number, and two complete sets of fingerprints for completion of a criminal history background check through the State Bureau of Investigation.

Costs associated with conducting a criminal history background check may be paid by the commission.

(d) An individual who has been convicted of any federal or state felony offense or any misdemeanor property offense, offense involving fraud, or offense involving moral turpitude as provided under Section 17-3-30.1, may not be employed by the commission.

(e) The commission shall bond commission employees with Page 25 HB152 Engrossed access to commission funds in such an amount as provided by the commission and may bond other employees as deemed necessary.

(f) For purposes of the Merit System Act, Article 1 of Chapter 26 of Title 36, the employees of the commission shall be employed in the unclassified service and shall be entitled to insurance, retirement, and other state employees' benefits.

(g) Employees of the commission shall be subject to the state ethics code under Chapter 25 of Title 36.

§41-30-60.

Employee participation prohibition.

(a) An employee of the commission may not engage in gaming activity at any gaming establishment except as necessary to perform their regulatory duties as an employee of the commission.

(b) An employee of a licensed gaming establishment may not engage in any gaming activity at any gaming establishment at which he or she is employed.

This subsection does not apply to employees of a gaming establishment while operating as a dealer or while playing on behalf of the house to facilitate any gaming activity.

§41-30-61.

Records of the commission.

(a) Except as provided in subsection (b) and Section 41-30-105, records of the commission shall be public records for purposes of Section 36-12-40.

(b) The commission may determine which information and records relating to its operations are confidential and not subject to public disclosure.

Confidential information, at a minimum, shall include trade secrets;

security measures, Page 26 HB152 Engrossed systems, or procedures;

security reports;

employee personnel information unrelated to compensation, duties, qualifications, or responsibilities;

and information obtained pursuant to investigations which is otherwise confidential.

Information deemed confidential pursuant to this section shall be exempt from public disclosure.

§41-30-62.

Minority business participation.

It is the intent of the Legislature that the commission encourage participation by minority businesses.

Accordingly, the commission shall adopt a plan that achieves, to the greatest extent possible, a level of participation by minority businesses taking into account the total number of all gaming establishment licensees.

The commission shall administer training programs and other educational activities to enable eligible minority businesses to compete for licenses on an equal basis.

The commission shall monitor the results of minority business participation and shall report the results of minority business participation to the Governor and the Legislature at least on an annual basis.

§41-30-63.

Rulemaking authority.

The commission may adopt rules to implement and administer this chapter, including rules to interpret the terms "casino-style game" and "sports wagering." Article 3.

Gaming Enforcement Division.

§41-30-100.

Gaming Enforcement Division established.

The Gaming Enforcement Division within the commission is established.

The enforcement division shall have independent and primary authority and jurisdiction to Page 27 HB152 Engrossed investigate violations of this chapter and enforce the general laws and rules of the commission.

The enforcement division may take any means necessary to aid the commission in the administration and enforcement of this chapter, the gaming laws, and rules of the commission, and to effectively eradicate any unlawful gaming activity or unlawful gaming-related activity in the state.

§41-30-101.

Director of the Gaming Enforcement Division.

(a)(1) The position of Gaming Enforcement Officer is created.

The Gaming Enforcement Officer shall be appointed by the executive director of the commission and shall hold office at the pleasure of the executive director.

(2) The Gaming Enforcement Officer shall have general supervision and management of the functions and duties of the Gaming Enforcement Division, subject to approval of the executive director, including the power to change the working title of any position in the enforcement division or organize the enforcement division in a manner to efficiently administer the duties of the enforcement division.

(b) The Gaming Enforcement Officer shall satisfy all of the following qualifications:

(1) Be certified by the Alabama Peace Officers' Standards and Training Commission or become certified within one year of appointment.

(2) Have a bachelor's or equivalent degree from an accredited institution of higher education.

(3) Have a law enforcement background of at least 10 Page 28 HB152 Engrossed years, including executive level experience with specific participation in complex investigations of financial crimes, conspiracy, racketeering, and other related crimes.

(c) The salary of the Gaming Enforcement Officer shall be set by the executive director.

For purposes of the Merit System Act, Article 1 of Chapter 26 of Title 36, the Gaming Enforcement Officer shall be employed in the exempt service.

(d) For purposes of the immunity afforded in Section 6-5-338, the Gaming Enforcement Officer shall be deemed a law enforcement officer.

(e) The Gaming Enforcement Officer shall have arrest powers.

(f) The Gaming Enforcement Officer may request the Attorney General or any local district attorney to issue subpoenas and compel the production of documents or items for purposes of enforcing this chapter, the gaming laws, and rules of the commission.

(g) The Gaming Enforcement Officer shall establish operational policy and procedures for the administration of the duties of the enforcement division.

§41-30-102.

Personnel of the Gaming Enforcement Division.

(a) The Gaming Enforcement Officer shall hire all personnel necessary for the operation of the Gaming Enforcement Division, subject to approval by the executive director.

Personnel shall include, but not be limited to, the following:

(1) Investigators.

Page 29 HB152 Engrossed (2) Auditors and forensic accountants.

(3) Compliance officers.

(4) Investigative technology experts.

(5) Administrative staff.

(6) Any other staff necessary for the operation of the division.

(b) To assist the executive director in carrying out his or her duties under this chapter, the Gaming Enforcement Division may employ consultants to render professional services, including, but not limited to, reviewing gaming records and other related records or items, providing expert testimony in contested cases, assisting in audits performed by the enforcement division, and conducting technology reviews and implementation.

Consultants shall be compensated for professional services at rates established by the commission.

(c)(1) The personnel of the Gaming Enforcement Division shall serve at the pleasure of the Gaming Enforcement Officer.

(2) Notwithstanding any other provision of local or general law, a retired state or local law enforcement officer may be employed by the Gaming Enforcement Division without suspension or modification of his or her state or local retirement benefits.

(d) The personnel employed by the enforcement division who are certified by the Alabama Peace Officers' Standards and Training Commission shall have the power of arrest.

(e) For purposes of the Alabama Criminal Justice Information Center and the National Crime Information Center, personnel of the Gaming Enforcement Division shall be Page 30 HB152 Engrossed considered an originating agency identifier for the purposes of criminal background checks and access to criminal history data.

(f) For purposes of the immunity afforded in Section 6-5-338, personnel of the Gaming Enforcement Division who are certified by the Alabama Peace Officers' Standards and Training Commission shall be deemed law enforcement officers.

(g) Personnel of the Gaming Enforcement Division shall comply with all initial and continuing education requirements in Section 41-30-103.

§41-30-103.

Continuing education requirements.

(a) By October 1, 2025, the Alabama Peace Officers' Standards and Training Commission, in consultation with the Executive Director of the Alabama Gaming Commission and the Gaming Enforcement Officer, shall develop the following:

(1) An initial training curriculum for law enforcement officers relating to enforcement of gaming laws and rules, including associated activities.

(2) An annual continuing education curriculum to supplement the initial training curriculum relating to investigations and enforcement of gaming laws and rules of the Alabama Gaming Commission, including associated activities.

(b) The Alabama Peace Officers' Standards and Training Commission shall determine the number of hours necessary for the required training and shall consult with national gaming associations and other entities for inclusion of national standards relating to gaming investigations and enforcement in the training curriculum.

Page 31 HB152 Engrossed (c) The Gaming Enforcement Officer shall identify those individuals subject to the training requirements in this section and a schedule for completion of the required curriculum by division personnel.

§41-30-104.

Duties and powers of the Gaming Enforcement Division.

(a) For the protection of the public and in accordance with the policy of this state, the Gaming Enforcement Officer, personnel of the Gaming Enforcement Division, and any individual operating under the direct authority of the Gaming Enforcement Division may do any of the following:

(1) Inspect and examine any gaming establishment, lottery retailer, or the premises of where gaming equipment is manufactured, sold, or distributed.

(2) Inspect all equipment and supplies on the premises of a gaming establishment or lottery retailer.

(3) Enforce compliance with this chapter, the gaming laws, and the rules of the commission.

(4) Enforce all laws of this state with respect to unlawful gaming activities and unlawful gaming-related activities.

(5) Have primary jurisdiction over any violation of this chapter or Article 2 of Chapter 12 of Title 13A that occurs on the property of a licensed gaming establishment.

(6) Summarily seize and remove from the premises of a gaming establishment or lottery retailer and impound any gaming equipment or other equipment or supplies for the purpose of examination and inspection.

Page 32 HB152 Engrossed (7) Make arrests of violators of this chapter, the gaming laws and rules of the commission, and any other laws of this state.

(8) Demand access to and inspect, examine, photocopy, and audit all papers, books, and records of applicants for licensure, licensees, and gaming service providers on their premises or elsewhere as practicable, in the presence of the licensee or an agent relating to the proceeds generated by any activities regulated by the commission and all other matters affecting the enforcement of this chapter or commission rules.

(9) Make determinations and impose and enforce civil penalties for violations of gaming laws and rules of the commission.

(10) Conduct investigations of applicants for licensure to establish and assess suitability compliance and related issues as provided in Section 41-30-73.

(11) Take any other action deemed necessary and appropriate by the enforcement division in the administration of its duties under this chapter.

(12) Conduct criminal investigations into any unlicensed or otherwise unlawful gaming activity conducted in this state and make arrests where appropriate for violations.

(b) No less than on an annual basis, and upon request of the commission or the Legislative Council, the enforcement division shall provide to the commission and Legislative Council reports of all investigative and enforcement activity conducted by the division.

§41-30-105.

Confidentiality of records.

Page 33 HB152 Engrossed All of the following shall be privileged and confidential, unless presented as evidence at a public hearing of the commission:

(1) All reports of investigations by the enforcement division.

(2) Documents subpoenaed by the commission in furtherance of an investigation or other activity of the enforcement division.

(3) Reports of any investigative action by the enforcement division.

(4) Memoranda of the personnel of the enforcement division relating to an investigation.

(5) Statements of individuals interviewed by the enforcement division.

(6) All information, interviews, reports, statements, or memoranda of any nature furnished to the enforcement division.

(7) Any findings, conclusions, or recommendations resulting from proceedings of the enforcement division.

(8) All information containing proprietary trade secret information.

§41-30-106.

Assistance by the Attorney General and district attorneys.