SB294 Alabama 2022 Session

This bill would implement the constitutional amendment proposed in Senate Bill __ of the 2022 Regular Session, which establishes the Alabama Education Lottery and Gambling Commission and authorizes certain gaming activities in the state under the regulation of the commission

This bill would further provide for the powers, membership, and duties of the commission

This bill would create the Gaming Enforcement Division within the commission and provide for its powers and duties

This bill would establish the Alabama Gambling Trust Fund the Alabama Education Lottery Trust Fund and would provide for the administration and distribution of the funds therein

This bill would provide for the issuance of casino gaming licenses, sports betting licenses, lottery retailer licenses, charitable fundraising licenses, and management contract service provider licenses

This bill would authorize the commission to assess civil penalties for violations and would provide a process for hearings and appeals of a violation

This bill would provide criminal penalties for certain violations

This bill would levy a state tax on net lottery and gaming revenues and would provide for the distribution of license fees and tax proceeds

This bill would further provide for criminal penalties related to the unlawful activity associated with gaming activities and sports betting, and would repeal certain outdated gaming provisions

Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to gaming activities; to add Chapter 30 to Title 41 of the Code of Alabama 1975, to provide legislative intent; to provide definitions; to establish and provide for the powers, membership, and duties of the Alabama Education Lottery and Gambling Commission; to provide for the personnel of the commission; to create an enforcement division within the commission; to provide for representation of the commission by the Attorney General; to further provide for the licensure of gaming and sports betting activities; to provide for the licensure of lottery ticket retailers and the regulation thereof; to provide certain license fees and the distribution of the fees; to establish the Alabama Gambling Trust Fund and provide for the administration thereof; to provide for the licensure of management contract service providers; to provide for the assessment of civil penalties; to provide for criminal penalties for certain violations; to provide for a hearing and appeals process; to further provide for the licensure of sports betting activities; to provide for the licensure and regulation of lottery game activities; to provide rulemaking authority; to provide for certain reporting requirements by the commission; to levy a state tax on certain lottery, gaming, and sports betting revenues and provide for the distribution thereof; to establish the Alabama Education Lottery Trust Fund; to amend Sections 13A-12-20, 13A-12-21, 13A-12-22, 13A-12-23, 13A-12-24, 13A-12-25, 13A-12-26, 13A-12-27, 13A-12-28, 13A-12-30, and 13A-11-9, Code of Alabama 1975, to update certain criminal penalties for unlawful gaming activity associated with casino-style games and sports betting; to add Sections 13A-12-32 through 13A-12-39, inclusive, to the Code of Alabama 1975, to prescribe certain activity relating to gaming as unlawful and to provide for criminal penalties for violations; to repeal Section 11-47-111, Code of Alabama 1975, relating to prohibition of gambling houses; to repeal Section 13A-12-29, Code of Alabama 1975, relating to lotteries drawn outside the state; to repeal Divisions 2, 3, and 4 of Article 2 of Chapter 12 of Title 13A, Code of Alabama 1975, relating to suppression of gambling places, transportation of lottery paraphernalia, and the federal waging occupational tax stamp; to provide for the repeal of the act under certain specified conditions; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.