2009 alabama senate bill 471 - bingo bill

8/6/2019 2009 Alabama Senate Bill 471 - Bingo Bill

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SB4711

108626-22

By Senator Ross (Constitutional Amendment)3

RFD: Tourism and Marketing4

First Read: 05-MAR-095


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108626-2:n:02/27/2009:JRC*/ll LRS2009-1413R11

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SYNOPSIS: This bill proposes additions to the Alabama8

Constitution to repeal Amendments No. 386, 440,9

506, 508, 549, 550, 569, 600, 674, 732, 743, and10

744 of the Alabama Constitution that authorize11

bingo to be conducted by or on behalf of nonprofit12

organizations in Calhoun, Etowah, Greene, Houston,13

Jefferson, Macon, Mobile, and Walker Counties, and14

the City of White Hall in Lowndes County,15

authorizes bingo in such political subdivisions of16

the state, authorizes and requires the execution of17

a state compact with Indian bingo facilities,18

levies taxes on bingo operations, limits bingo19

throughout the state while enhancing tourism20

through the creation of points of destination, and21

creates a state gaming commission to regulate bingo22

in Alabama and enforce the gambling laws of the23

state.24

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A BILL26

TO BE ENTITLED27


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AN ACT1

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Amendment No. 386 and Amendment No. 600 relating to3

the operation of bingo games by or on behalf of nonprofit4

organizations in Jefferson County, Amendment No. 440 relating5

to the operation of bingo games by or on behalf of nonprofit6

organizations in Mobile County, Amendment No. 506 relating to7


organizations in Etowah County, Amendment No. 508 relating to9


organizations in Calhoun County, Amendment No. 549 relating to11


organizations in Walker County, Amendment No. 550 relating to13


organizations in the City of Jasper in Walker County,15

Amendment No. 569 relating to the operation of bingo games by16

or on behalf of nonprofit organizations in Houston County,17


or on behalf of nonprofit organizations in Greene County, and19


or on behalf of nonprofit organizations in Macon County are21

repealed. Amendment No. 674 and Amendment No. 732 relating to22


organizations in the City of White Hall in Lowndes County are24

superceded by this amendment. The amendment further authorizes25

bingo in such political subdivisions of the state, authorizes26

and requires the execution of a state compact with Indian27


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bingo operators, levies taxes on bingo games, limits bingo1

throughout the state while enhancing tourism through the2

creation of points of destination, and creates a state gaming3

commission for the regulation of bingo games and for the4

enforcement of the gambling laws of the state.5

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:6

Section 1. The following amendment to the7

Constitution of Alabama is hereby proposed and shall become8

valid as a part of said Constitution when approved in9

accordance with such provisions of Sections 284, 285, and 28710

of said Constitution and Amendment No. 555 thereto as shall be11

applicable:12

PROPOSED AMENDMENT13

(a) Amendment 386 of the Constitution of Alabama of14

1901, is repealed.15

(b) Amendment 440 of the Constitution of Alabama of16


(c) Amendment 506 of the Constitution of Alabama of18


(d) Amendment 508 of the Constitution of Alabama of20


(e) Amendment 549 of the Constitution of Alabama of22


(f) Amendment 550 of the Constitution of Alabama of24


(g) Amendment 569 of the Constitution of Alabama of26



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(h) Amendment 600 of the Constitution of Alabama of1

1901, is repealed.2

(i) Amendment 674 of the Constitution of Alabama of3

1901, is repealed.4

(j) Amendment 743 of the Constitution of Alabama of5

1901, is repealed.6

(k) Amendment 744 of the Constitution of Alabama of7

1901, is repealed.8

(l) Amendment 732 of the Constitution of Alabama of9

1901 is superceded by this amendment.10

"Section 2. Declarations. Because Alabama has11

experienced a proliferation of bingo gaming throughout the12

state, it is of paramount importance for such bingo13

enterprises to be limited, regulated, and taxed. This14

amendment authorizes bingo to be conducted at points of15

destination in Calhoun, Etowah, Greene, Houston, the City of16

Birmingham, Macon, Mobile, and Walker Counties, and the City17

of White Hall in Lowndes County, and through taxation of18

bingo, enhances the economic viability of such areas and19

raises additional revenue for the state General Fund to20

benefit the State Medicaid program and the Education Trust21

Fund for the benefit of the public schools. This amendment22

also authorizes a compact between the state and Indian bingo23

operators to seek funds in lieu of taxes for the Education24

Trust Fund for public schools and the state General Fund for25

the benefit of the state Medicaid program. To prohibit the26

proliferation of illegal and unregulated gaming in the state,27


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this amendment further creates a state gaming commission for1

the regulation of bingo and for the enforcement of gambling2

laws of this state and prescribes certain conditions and3

prohibitions governing gaming activities. This amendment4

further prescribes minimum investment requirements in5

non-gaming amenities at points of destination to assure that6

bingo revenues serve as a catalyst to create jobs and develop7

an entertainment and tourism industry in the state.8

"Section 3. Definitions. As used in this amendment,9

the following words and phrases shall have the following10

respective meanings:11

"BINGO" means a game of chance incorporating the12

following elements: (i) the game must be played on a grid of13

five horizontal rows intersected by five vertical rows, with14

each row divided into five contiguous squares contained within15

the grid; (ii) the game must be played by multiple players16

with each player being assigned one or more grids; (iii) each17

square of each of the grids used in playing the game must be18

identified by a number or symbol, and all the numbers or19

symbols so used to identify the squares of the grids available20

for play must be included in an aggregation of such numbers or21

symbols from which selection can be made for each round of22

play; (iv) for each round of play numbers or symbols are23

selected by a procedure or mechanism entirely or predominantly24

governed by chance and, as such numbers or symbols are25

selected in a particular game, the same numbers or symbols, if26

they are present on one or more of the squares on any grid in27


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play, are covered or otherwise marked on such grid; (v) the1

winner or winners of a particular game are the players of2

those grids for which a previously designated pattern or3

arrangement is first covered or marked; (vi) the game cannot4

be played by a solitary player, and one or more players must5

compete against one or another for prizes within an6

establishment; (vii) every game must have one or more winners;7

(viii) monetary wagers may be collected from the players of8

bingo for the opportunity to participate in the game, and such9

wagers may vary in amount to reflect the value of the prize10

for winning a particular game, whether the wager is for11

participation in the whole game or a particular phase thereof,12

as well as other factors depending upon the interplay of the13

amount wagered, the size of the prize and the probability of14

winning; and (ix) the prizes for winning the game can be money15

or anything else of value without limit as to amount. Subject16

to the restrictions contained in this amendment, bingo can be17

played with different kinds of equipment varying from the use18

of tokens to cover the designated squares on traditional cards19

to the use of bingo equipment to operate the game and interact20

with human players by means of video consoles. Consolation or21

interim prizes for particular games may be given to players.22

"BINGO GROSS REVENUE", when used with reference to23

any facility conducting bingo means the total amount of money24

or value in any form received by the operator of a bingo25

establishment derived directly from the playing of bingo using26

bingo equipment, less the total amount of money or value in27


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any form paid as winnings to the players of bingo, but before1

deduction of any expenses incurred in operating the bingo2

establishment, including, without limitation thereto,3

depreciation or leasing costs of physical facilities and4

equipment, wages and other employment costs, utilities,5

interest and taxes; provided that bingo gross revenue shall6

not include all or any part of the amounts wagered in7

pari-mutuel pools on racing and, further, shall not be8

construed as constituting any amount wagered in such9

pari-mutuel pools for the purpose of determining any tax10

levied on pari-mutuel wagering or for any other purpose.11

"COMMISSION" means the State Gaming Commission12

created by this amendment.13

"COMPACT" means the agreement between the state and14

the Poarch Band of Creek Indians for their Indian gaming15

facilities as described and governed by the Indian Gaming16

Regulatory Act of 1988.17

"TRADITIONAL BINGO EQUIPMENT" means traditional18

paraphernalia used in playing bingo and electronic or19

mechanical equipment used to facilitate the playing of paper20

or card bingo, including, without limitation thereto,21

mechanical or electronic systems for selecting by chance the22

numbers or symbols that are covered or otherwise marked on the23

grids used in bingo games, electronic or computer terminals24

that enable an individual player to play multiple cards or25

grids in a single game, electronic or video display equipment26

that shows the progress, results and payoffs of bingo games,27


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and electronic networks that connect player terminals for1

automatic marking of selected numbers or symbols and automatic2

recognition of the winner or winners of bingo games; provided,3

however, that no paraphernalia or equipment used in playing4

bingo pursuant to a local bingo amendment shall be deemed to5

constitute traditional bingo equipment unless the use thereof6

shall be lawfully authorized by the independent construction7

of such local bingo amendment without taking into account any8

provision of this amendment; provided further that bingo shall9

not be conducted at any location pursuant to a local bingo10

amendment, whether or not using traditional bingo equipment,11

under conditions where more than one bingo game per minute is12

played at such location. No equipment or device of any kind13

shall qualify as traditional bingo equipment if it is used to14

play, or facilitate the playing of, more than one bingo game15

per minute in any single building, hall or other location used16

for playing bingo.17

INDIAN GAMING FACILITY" means the Indian gaming18

establishments existing in Escambia, Elmore, and Montgomery19

Counties at the time of the adoption of this amendment.20

"LOCAL BINGO AMENDMENT" means any amendment to the21

Constitution of Alabama other than this amendment which22

authorizes bingo to be played in a particular county or23

municipality and which was adopted prior to the effective date24

of this amendment by the affirmative vote of the entire25

electorate of the state pursuant to Section 284 of the26

Constitution or, alternatively, was adopted at any time,27


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whether before or after the effective date of this amendment,1

by the affirmative vote of the electorate of a single county2

pursuant to Amendment No. 425 or Amendment No. 555 to the3

Constitution.4

"OPERATOR" means any person, corporation or other5

legal entity now or hereafter licensed to conduct bingo.6

"POINT OF DESTINATION" means a licensed bingo7

location designated in Section 9 of this amendment whereby a8

parcel of land containing a physical plant owned by a9

racetrack or other business, governmental entity, or10

charitable organization houses at least one thousand (1,000)11

bingo machines using bingo equipment and which the cost of the12

bingo playing area of the physical plant of the bingo13

operation, including all non-bingo equipment and fixtures14

functioning as a part of the bingo operation but excluding15

bingo equipment, is half or less of the total cost of the16

entire physical plant, land, outbuildings, parking areas,17

infrastructure, fixtures, and equipment located on the same18

parcel of land owned by such racetrack or other business,19

governmental entity, or charitable organization housing such20

bingo operation and whereby the entire cost of such location21

exceeds fifty million dollars ($50 million), provided,22

however, the two existing licensed bingo locations using bingo23

equipment in the City of Whitehall in Lowndes County shall not24

require any minimum investment, the entire cost of each point25

of destination in Greene County shall exceed twenty-five26

million dollars ($25 million), and the entire cost of each27


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point of destination using bingo equipment in the City of1

Birmingham and Mobile County shall exceed one hundred million2

dollars ($100 million). A bingo licensee at a point of3

destination shall have three years following the effective4

date of this amendment to comply with these minimum investment5

requirements to be a point of destination, unless the state6

gaming commission for good cause shown allows an extension of7

time for such bingo licensee to comply with the minimum8

investment requirements for a period not to exceed five years9

from the effective date of this amendment.10

"RACETRACK" or "RACING FACILITY", when used with11

respect to any facility located in the state, means a single12

facility at which pari-mutuel wagering on live or telecast13

racing events is authorized by law when this amendment shall14

become effective, together with any observation facilities,15

authorized equipment, restaurants, and other physical16

facilities and improvements that together constitute such17

racing facility, including facilities necessary or desirable18

for conducting bingo. There are four racetracks located in the19

state, one in Mobile County, one in Macon County, one in the20

City of Birmingham in Jefferson County, and one in Greene21

County.22

"BINGO EQUIPMENT" means any electronic or electrical23

equipment or device, computer or related equipment,24

telecommunication or data transmission, storage or receiving25

equipment, or system or network of any thereof, including all26

software and electronic programming instructions that are27


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necessary or useful in the operation thereof, (i) which is1

installed, or is to be installed, at a licensed bingo facility2

and (ii) which is used, or can be used, to conduct bingo as3

defined in this amendment. Bingo equipment includes equipment4

of any kind that facilitates the playing of bingo games only5

on site, increases the number of players on site participating6

in common games, or allows players of bingo to compete against7

other players at points of destination. Examples of bingo8

equipment located on site include, but are not limited to,9

electronic play stations, terminals and consoles, including10

those capable of video displays of game activities and11

results, specialized or general computers of every kind,12

digital servers, routers, switches, modems and circuits at13

every level of an interconnected network, data processing14

equipment facilitating the operation of networks of bingo15

equipment, telecommunication and data transmission and16

receiving equipment, and other related equipment of every17

kind. The prizes or payoffs, or evidences thereof, for winning18

bingo games may be disbursed, at the time each game is won, by19

the play stations, terminals and consoles constituting bingo20

equipment and used in playing such games, or such prizes or21

payoffs may be paid through different arrangements that22

reflect a record of wins and losses involving multiple games.23

With respect to installations of bingo equipment at a point of24

destination, an unlimited number of separate games of bingo25

may be played on a single play station, terminal or console,26

or on a network of multiple play stations, terminals and27


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consoles, within any interval of time, whether minute, hour,1

day or year. If the games played with bingo equipment are not2

inconsistent with the conditions and requirements of the3

definition of "bingo" contained in this amendment, then the4

presence or absence of any particular feature of traditional5

bingo, as defined in or contemplated by a local bingo6

amendment, with respect to the operation of such bingo7

equipment shall not be considered in determining whether such8

games constitute bingo authorized by this amendment to be9

played on bingo equipment, including, without limitation10

thereto, (i) the use of computer algorithms to select by11

chance the numbers or symbols that are covered or otherwise12

marked on the grids used in bingo games, (ii) the automatic13

covering or marking of the selected numbers or symbols on a14

bingo grid without recognition or intervention by the human15

player, and (iii) the automatic declaration of the winner or16

winners of bingo games without prior recognition or action by17

the human player. The entertainment capabilities of bingo18

equipment may be enhanced by spinning wheels and other video19

or mechanical displays, but such displays and the apparatuses20

used to produce them may not affect the nature or outcome of21

the game of bingo played with such equipment. If the game of22

bingo is played with bingo equipment, the individual play23

stations shall be electronically linked to ensure that24

multiple players are competing against each other. The25

definition of bingo equipment shall not be limited by any26

condition applicable to traditional bingo equipment and shall27


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be liberally construed to facilitate the conduct of bingo as1

applicable under the provisions of this amendment.2

"GROSS RECEIPTS TAX" means the gross receipts tax3

levied by the state pursuant to Section 8 hereof, on all bingo4

or illegal gambling in the state.5

"REVENUE SHARING PLAN" means the amount of6

contribution required under this amendment as a condition for7

a state compact with the Poarch Band of Creek Indians to take8

effect that is at least equal to the gross receipts tax rate9

and gross receipts tax base.10

"Section 4. Scope of Amendment11

(a) After the date of ratification of this12

amendment, any county may authorize bingo through ratification13

of a local constitutional amendment which complies with the14

provisions set forth in this amendment including regulation by15

the state gaming commission, remittance of fees and tax, and16

fulfilling point of destination requirements. Only one point17

of destination may be authorized by the local governing body18

of any jurisdiction authorizing bingo after the ratification19

of this amendment and ratification of a subsequent local20

constitutional amendment.21

(b) For local jurisdictions authorizing bingo under22

a local constitutional amendment as of the date of23

ratification of this amendment, if bingo is conducted using24

bingo equipment at any location other than points of25

destination, any local governing body licensing shall be in26

effect for one hundred twenty (120) days following the27


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effective date of this amendment. After the one hundred twenty1

(120) day period following the effective date of this2

amendment, only bingo licensees at points of destination3

enumerated in Section 9 of this amendment shall be permitted4

to conduct bingo using bingo equipment and all other licenses5

anywhere in the state to conduct bingo using bingo equipment6

shall automatically be revoked except as stated in subsection7

(a) herein.8

(c) If bingo in any form, whether played with9

traditional cards, paper or otherwise, or bingo equipment, is10

conducted under the claimed authorization of a local bingo11

amendment then the succeeding provisions of this subsection12

(c) shall also apply, both retroactively and prospectively, to13

bingo conducted by licensees at points of destination pursuant14

to such local bingo amendment. The conduct of bingo at any15

licensed point of destination with bingo equipment shall not16

be prohibited, limited or impaired by (i) any provision or17

interpretation of Section 65 of the Constitution of Alabama,18

(ii) any provision or interpretation of any local bingo19

amendment, including the particular local bingo amendment20

pursuant to which the licensee at the point of destination has21

heretofore and now conducts bingo in any form or on behalf of22

any charitable organization, (iii) any otherwise applicable23

provisions of Code of Alabama 1975, Title 13A, Chapter 12,24

Article 2, or Code of Alabama 1975, Title 8, Chapter 1,25

Article 8, (iv) any other statute whenever enacted that is26

inconsistent with any provision of this amendment, and (v) any27


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judicial judgment, decision or opinion that would otherwise1

have the effect of prohibiting, limiting or impairing the2

conduct of bingo or bingo equipment in connection therewith.3

(d) Bingo equipment, whether considered separately4

or as a system consisting of multiple components, shall not5

for any purpose be deemed to be a "gambling device" or "slot6

machine" within the meaning of Code of Alabama 1975, 7

13A-12-20(5) and (10).8

(e) In no event shall this amendment preclude any9

nonprofit organization or governmental entity from conducting10

bingo in this state using traditional bingo equipment in11

accordance with a local bingo amendment or in any county where12

bingo is authorized by this amendment and in no event shall13

this amendment preclude any licensed third-party entity14

domiciled in the state from operating a point of destination15

for one or more nonprofit organizations or governmental16

entities.17

"Section 5. Exemptions from Conflicting Laws;18

Compliance with Federal Law.19

(a) The conduct of bingo using bingo equipment at20

points of destination, and any manufacture, sale,21

transportation, installation, possession, ownership, leasing22

or use of authorized equipment or other materials, supplies or23

paraphernalia used in conducting bingo that are authorized24

under and done in accordance with this amendment, shall be25

exempt from laws that prohibit or limit activities of the kind26

authorized by this amendment, including the provisions of Code27


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of Alabama 1975, Title 13A, Chapter 12, Article 2 and the1

provisions of Code of Alabama 1975, Title 8, Chapter 1,2

Article 8.3

(b) The State of Alabama, acting by and through the4

adoption of this amendment, and in accordance with the5

provisions of 15 U.S.C. 1172, does hereby declare that any6

and all bingo equipment, materials, paraphernalia and supplies7

may be transported in interstate commerce into or out of the8

state without violating said 1172, or any other applicable9

federal law, if such bingo equipment, materials,10

paraphernalia, materials and supplies are used, or are to be11

used, or have been used, in the conduct of bingo at licensed12

points of destination.13

"Section 6. Licensees at Points of Destination14

Authorized to Conduct Bingo Using Bingo Equipment and15

Traditional Bingo Equipment.16

(a) The Houston County bingo licensee, the two City17

of White Hall bingo licensees, and each racetrack are hereby18

authorized to conduct bingo using bingo equipment, as well as19

traditional bingo equipment, at the respective point of20

destination designated in Section 9 of this amendment without21

there being required any enabling statutes of the Legislature22

or any additional actions of the applicable racing commission23

or local governing body, with the State Gaming Commission to24

issue a state bingo license without application by such bingo25

licensee. Within ninety days following the effective date of26

this amendment, the local governing body or official(s)27


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designated by local bingo amendment prior to repeal by this1

amendment of each of Calhoun County, Etowah County, Greene2

County, City of Birmingham, Mobile County and Walker County3

shall select operators to conduct bingo using bingo equipment,4

as well as traditional bingo equipment, at the point(s) of5

destination in such county or city other than a point of6

destination comprising a racetrack. The state gaming7

commission shall issue the state bingo license to the operator8

selected by each local governing body or official(s)9

designated by local bingo amendment so long as each operator10

is in compliance with the qualifications of a bingo licensee11

as provided in this amendment.12

(b) Any general or local law, ordinance or13

regulation affecting dog or horse racing and pari-mutuel14

wagering thereon now in effect or hereafter enacted to the15

contrary notwithstanding, the operator of each racetrack shall16

be entitled to conduct business, including both pari-mutuel17

wagering and bingo, with the full participation of betting18

patrons physically on the premises of such racetrack and on19

such days and during such times as such operator determines to20

be necessary or beneficial for the profitability of such21

racetrack; provided, however, that each racetrack must comply22

with all generally applicable laws, local acts, and county and23

municipal ordinances governing the times during which24

businesses serving the general public may sell alcoholic25

beverages.26


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(c) In order to discourage predatory competition1

among the points of destination that may legally conduct bingo2

pursuant to this amendment (including those points of3

destination that may conduct bingo pursuant to local4

amendments as modified by this amendment), the operator of any5

point of destination is authorized to enter into an agreement6

with the operator of another point of destination to share7

profits from the conduct of bingo in such proportions and to8

cooperate in such manner with respect to conducting bingo as9

such operators may deem to be mutually beneficial. The10

provisions of this section (c) shall be retroactive, and any11

such profit sharing or cooperative agreement entered into by12

operators prior to the effective date of this amendment shall13

be given full force and effect and shall be deemed ratified14

and confirmed by this amendment. For purposes of this15

subsection (c), an operator of a point of destination shall be16

deemed to include any corporation, limited liability company,17

partnership or other legal entity qualified to do business in18

Alabama exercising control of, being controlled by, or being19

under common control with, any such operator.20

(d) No licensed bingo operator conducting bingo21

using bingo equipment at a given point of destination shall22

operate without remitting to the state the applicable gross23

receipts tax on all bingo gross revenue.24

(e) No person under the age of nineteen (19) years25

shall be permitted to play any game of bingo using bingo26

equipment, nor shall any person under the age of nineteen27


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years be employed to operate bingo equipment, or to facilitate1

the playing of bingo using bingo equipment, or to serve any2

persons playing bingo using bingo equipment. This subsection3

(d) shall not be construed to prohibit persons under the age4

of nineteen (19) years from being allowed on the premises of a5

facility where bingo is played or being served in food and6

beverage service operations located in such facility.7

(f) The racing commissions respectively having8

jurisdiction of the racetracks, in addition to the powers that9

each thereof has under existing law, shall have the same10

powers to regulate and supervise the conduct of bingo as each11

has to regulate and supervise racing activities and12

pari-mutuel wagering thereon, with such modification of such13

powers, not inconsistent with the provisions of this14

amendment, as is necessary or appropriate to adapt them to the15

purposes of regulating and supervising bingo; provided,16

however, the regulatory and supervisory power of each local17

racing commission over bingo shall be subordinate to the18

regulatory and supervisory power of the state gaming19

commission over the conduct of bingo at the racetrack with any20

enforcement action of the state gaming commission to control21

and prevail.22

(g) All monetary obligations in contracts between a23

bingo operator and nonprofit organizations or in contracts24

between a bingo operator and a local governing body entered25

into prior to the effective date of this amendment shall26


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remain in full force and effect and shall not be terminated as1

a result of this amendment.2

"Section 7. Indian gaming facilities, state compact3

authorized.4

(a) On or before January 1, 2014, the Governor is5

hereby authorized and directed to enter into, and execute, in6

good faith, a compact with Indian gaming facilities located on7

tribal lands which have been owned by the Poarch Band of Creek8

Indians since on or before October 17, 1988.9

(b) The Governor shall not execute such compact10

without a Revenue Sharing Plan included in such compact.11

(c) Further, the Governor shall not execute such12

compact with any authorization for casino-style table games13

that include participation of a human dealer, such as craps,14

black jack, roulette, or keno.15

(d) Such compact will provide the state with revenue16

from otherwise untaxed Indian gaming and limit the type of17

Indian gaming in the state without expansion of Indian gaming18

at the Indian gaming facilities by the United States19

Department of Interior.20

"Section 8. State Gross Receipts Tax and Use of the21

Proceeds Thereof.22

(a) A state gross receipts tax on bingo games using23

bingo equipment at each point of destination is hereby levied24

in an amount equal to twenty percent (20%) of the bingo gross25

revenue derived by the operator therefrom. However, due to the26

significant investment commitments already made by certain27


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bingo licensees prior to this amendment, the state gross1

receipts tax rate on bingo gross revenue at the points of2

destination located in the City of Whitehall in Lowndes3

County, and the points of destination located in Houston4

County, Greene County and Macon County shall be ten percent5

(10%) for the first five years following the effective date of6

this amendment and twenty percent (20%) thereafter. There7

shall also be a state gross receipts tax on bingo games using8

bingo equipment at all other bingo establishments licensed by9

a local governing body located in counties and municipalities10

authorized to have bingo facilities under the provisions set11

forth in this amendment for one hundred twenty (120) days12

following the effective date of this amendment in an amount13

equal to twenty percent (20%) of the bingo gross revenue14

derived therefrom. The state gross receipts tax for each15

calendar month shall be paid to the Alabama Department of16

Revenue by the operator of each such licensed or any17

unauthorized gaming establishment on or before the twentieth18

day of the next succeeding calendar month. A state gross19

receipts tax of fifty percent (50%) on all gross revenue on20

all unauthorized gaming establishments is also hereby levied21

in addition to any other civil or criminal liabilities. For22

purposes of the preceding sentence, gross revenue shall23

include the gross revenue of such unauthorized gaming24

establishment before deduction of any disbursement of winnings25

to patrons of such unauthorized gaming establishment.26


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(b) The Alabama Department of Revenue shall have the1

same power to make regulations respecting the reporting,2

collection and enforcement of the state gross receipts tax as3

it has with respect to the pari-mutuel pool tax levied by Code4

of Alabama 1975, Title 40, Chapter 26A, with necessary and5

appropriate changes to reflect the different nature of the6

state gross receipts tax on bingo. The levy, collection and7

enforcement of the state gross receipts tax shall be8

administered by the Alabama Department of Revenue in9

accordance with the Taxpayers Bill of Rights and Uniform10

Revenue Procedures Act, as codified in Chapter 2A of Title 4011

of the Code of Alabama 1975, or amendatory or successor law.12

(c) For administrative purposes, the Alabama13

Department of Revenue shall establish separate accounts in the14

State Treasury for the bingo licensee for each point of15

destination, and the total amount of state gross receipts tax16

collected from each such point of destination licensee shall17

be credited as received to the related account. For the fiscal18

year of the state in which this amendment shall become19

effective, and for each fiscal year thereafter while the levy20

and collection of the state gross receipts tax shall remain in21

effect, there shall be appropriated by the Legislature, as a22

first charge against the state gross receipts tax, such amount23

of the actual expenses of the Alabama Department of Revenue as24

shall be necessary to administer the levy, collection and25

enforcement of the state gross receipts tax. Amounts equal in26

aggregate to the annual appropriation for the administration27


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of the state gross receipts tax shall be charged to and1

withdrawn from the separate accounts in proportion to the2

gross collections of state gross receipts tax respectively3

credited each account; however, no such collection amount4

shall exceed one percent (1%) of all gross receipts tax5

proceeds.6

(d) All proceeds of the state gross receipts tax not7

required to satisfy the prior appropriation pursuant to8

subsection (c) of this Section 6 are hereby dedicated and9

appropriated to the Education Trust Fund for the benefit of10

public schools in the state and to the state General Fund for11

the benefit of the state Medicaid program. The Education Trust12

Fund shall receive seventy percent (70%) of gross receipts tax13

proceeds and the General Fund shall receive thirty percent14

(30%) of gross receipts tax proceeds for the benefit of the15

state Medicaid program.16

"Section 9. Limit in the number of bingo points of17

destination.18

The following counties shall be allowed the19

following points of destination:20

(a) Calhoun County, two points of destination;21

(b) Etowah County, one point of destination;22

(c) Greene County, two points of destination, both23

of which shall be owned by the racetrack in Greene County;24

(d) Houston County, one point of destination;25

(e) Jefferson County, two points of destination, one26

of which shall be the racetrack in the City of Birmingham in27


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Jefferson County and one of which shall be another location in1

the City of Birmingham;2

(f) Lowndes County, two points of destination in the3

City of White Hall;4

(g) Walker County, two points of destination;5

(h) Mobile County, one point of destination which6

shall be the racetrack in Mobile County; and7

(i) Macon County, one point of destination, which8

shall be the racetrack in Macon County.9

"Section 10. State Gaming Commission, creation,10

powers.11

(a) There is hereby created a State Gaming12

Commission (the "commission") which shall oversee, regulate,13

provide for consumer protection and safety of gaming patrons,14

enforce gaming laws of the state, and provide for licensing of15

all gaming operations in the state.16

(b) The commission shall consist of seven (7)17

members of which one member shall be appointed by the Governor18

with the advice and consent of the Senate, one member shall be19

appointed by the Attorney General with the advice and consent20

of the Senate, one member shall be appointed by the Lieutenant21

Governor with the advice and consent of the Senate, one member22

shall be appointed by the President Pro-Tempore of the Senate23

with the advice and consent of the Senate, one member shall be24

appointed by the Speaker of the House of Representatives with25

the advice and consent of the Senate, one member shall be26

appointed by the Speaker Pro-Tempore of the House of27


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Page 25

Representatives with the advice and consent of the Senate, and1

one member shall be appointed by the Chief Justice of the2

state Supreme Court with the advice and consent of the Senate.3

These members, where possible, shall represent the gender and4

racial diversity of the State. Members appointed when the5

Legislature is not in regular session may serve until or6

unless the Senate rejects the appointment at the next regular7

or special session of the Legislature.8

(1) Members of the commission shall be residents of9

the State of Alabama, shall be prominent persons in their10

businesses or professions, and shall not have been convicted11

of a felony. A member of the commission shall not have been12

employed by the gaming industry for a period of five years13

prior to his or her appointment or following his or her14

service. No person actively engaged or having a direct15

pecuniary interest in gaming activities shall be a member of16

the commission.17

(2) Except for the initial term of office, members18

shall serve for terms of five years. Any vacancy occurring on19

the commission shall be filled for the unexpired term by the20

appointing authority as described in this section. The initial21

term of office upon ratification of this amendment shall be22

one year for two members, two years for two members, three23

years for two members, and four years for one member. The24

initial term of a member shall be determined by lot. The25

respective appointing authorities shall meet at the call of26


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the Governor at a meeting to be held within 30 days of1

ratification of this amendment to draw lots.2

(3) Members of the commission and its employees3

shall be subject to the Ethics Law, Section 36-25-1, et seq.,4

Code of Alabama 1975, and the commission shall be subject to5

the Administrative Procedures Act.6

(4) Each member of the commission shall serve for7

the duration of his or her term and until his or her successor8

shall be duly appointed and qualified; provided, however, that9

in the event that a successor is not duly appointed and10

qualified within one hundred twenty (120) days after the11

expiration of the member's term, a vacancy shall be deemed to12

exist.13

(5) A commission member may be removed from office14

for misconduct in office, willful neglect of duty, or other15

conduct evidencing unfitness for his or her office, or for16

incompetence. A proceeding for removal may be instituted by17

the Attorney General in the Circuit Court of Montgomery18

County, Alabama. Notwithstanding any provision of this or any19

other act, any commissioner or employee of the commission20

shall automatically forfeit his or her office or position upon21

conviction of a felony.22

(6) Each member of the commission staff may be paid23

an annual salary that shall not exceed that established by the24

State Personnel Board.25

(b) The officers of the commission shall include a26

Chair and a Vice-Chair who shall be members of the commission,27


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and an Executive Director who shall not be a member of the1

commission.2

(1) The Chair shall be elected annually at the3

organizational meeting of the commission by a majority of the4

full commission. The Chair, as chief executive officer of the5

commission, shall schedule and preside at all meetings of the6

commission; shall appoint the members of the commission to7

such committees as the commission may, from time to time,8

establish; shall have the authority to accept for filing all9

applications; shall have the authority to incur on behalf of10

the commission such expenses as the commission shall have11

approved in its operating budget; shall have general12

supervision, direction and control of the affairs of the13

commission; and shall perform such other duties as are14

incidental to the office and as may be assigned, from time to15

time, by the commission.16

(2) The Vice-chair shall be elected annually at the17

organizational meeting of the commission by a majority of the18

full commission. The Vice-chair shall be a member of the19

commission other than the Chair. He or she shall possess such20

powers and shall perform such duties as may be assigned, from21

time to time, by the commission. In the absence or inability22

of the Chair to serve or in the event of a vacancy in the23

office of Chair, the Vice-chair shall be empowered to carry24

out all of the responsibilities of the Chair.25

(3) The Executive Director shall be appointed by the26

commission and shall serve at the pleasure of the commission.27


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The Executive Director is entitled to an annual salary in the1

amount specified by the commission, subject to the approval of2

the State Personnel Board, within the limits of legislative3

appropriations or authorizations. The Executive Director shall4

have significant prior experience in the field of gaming, and5

shall be a prominent and respected person in their profession.6

The Executive Director shall not have been convicted of a7

felony. The Executive Director may, in his or her discretion,8

also appoint a General Counsel and such other qualified staff9

to serve the Executive Director. The Executive Director may10

employ the services of such persons as he or she considers11

necessary for the purposes of consultation or investigation12

and fix the salaries of or contract for the services of such13

legal, professional, technical and operational personnel and14

consultants, subject to applicable provisions of the State15

Personnel Board. For the purpose of implementing the16

provisions of this chapter, additional legal assistance may be17

retained only with the approval of the Attorney General. Under18

the supervision of the Chair, the Executive Director shall be19

responsible for the conduct of the administrative affairs of20

the commission and shall have custody of the commission's seal21

and its official records. The Executive Director shall keep a22

record of the proceedings at all meetings of the commission in23

a minute book and a resolution book or both, to be kept for24

the purpose, which shall be open at all reasonable times to25

inspection by any member of the commission. He or she shall26

cause a verbatim transcript to be made of the public meetings27


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of the commission, according to law. He or she shall affix the1

seal of the commission to all papers authorized to be executed2

by the commission requiring such seal to be affixed. He or she3

shall cause copies to be made of the verbatim transcript of4

the public meetings, and of all minutes, resolutions and other5

records and shall cause such copies to be filed with the6

appropriate authorities according to law. He or she shall give7

certificates under the seal of the commission to the effect8

that such copies are true copies and all persons dealing with9

the commission may rely on such certificates. He or she shall10

perform such other duties as are incident to his or her office11

or as may be assigned, from time to time, by the commission or12

by the Chair.13

(c) Regular and special meetings of the commission14

may be held, at the discretion of the commission, at such15

times and places as it may deem convenient, but at least one16

(1) regular meeting shall be held each month on or after the17

fifteenth day of the month. All meetings shall be subject to18

the provisions of the Open Meetings Law.19

(d) A majority of the members constitutes a quorum20

of the commission.21

Section 11. Administration of provision for22

protection of the public; Commission and executive director23

duties.24

(a) The provisions of this chapter with respect to25

state gaming licenses shall be administered by the Executive26


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Director for the protection of the public and in the public1

interest in accordance with the policy of this state.2

(b) The Executive Director and his or her employees3

may:4

(1) Inspect and examine all premises wherein gaming5

is conducted or gaming devices or equipment are manufactured,6

sold or distributed;7

(2) Inspect all equipment and supplies in, upon or8

about such premises, and require security and safety measures9

to be taken at an operator's expense at any facility for the10

health and well-being of patrons and employees;11

(3) Summarily seize and remove from such premises12

and impound any equipment or supplies for the purpose of13

examination and inspection following a due process hearing;14

(4) Demand access to and inspect, examine, photocopy15

and audit all papers, books and records of applicants and16

licensees, on their premises or elsewhere as practicable, in17

the presence of the licensee or his agent, respecting the18

gross receipts produced by any gaming business (and may19

require verification of receipts) and respecting all other20

matters affecting the enforcement of the policy or any of the21

provisions of this chapter.22

(c) For the purpose of conducting audits after the23

cessation of gaming by a licensee, the former licensee shall24

furnish, upon demand of the Executive Director or his25

employee, books, papers and records as necessary to conduct26

the audits. The former licensee shall maintain all books,27


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papers and records necessary for audits for a period of three1

(3) years after the date of the surrender or revocation of his2

bingo license. If the former licensee seeks judicial review of3

a deficiency determination or files a petition for a4

redetermination, he must maintain all books, papers and5

records until a final order is entered on the determination.6

(d) The Executive Director and enforcement employees7

may investigate, for the purpose of prosecution, any suspected8

criminal violation of the provisions of this chapter. For the9

purpose of the administration and enforcement of this chapter,10

the Executive Director and enforcement employees have the11

powers of a peace officer of this state.12

(e) The commission or Executive Director has full13

power and authority to issue subpoenas and compel the14

attendance of witnesses at any place within this state, to15

administer oaths, and to require testimony under oath. Any16

process or notice may be served in the manner provided for17

service of process and notices in civil actions. The18

commission or the Executive Director may pay such19

transportation and other expenses of witnesses as they deem20

reasonable and proper. Any person making false oath in any21

matter before the commission is guilty of perjury. The22

commission may appoint hearing examiners who may administer23

oaths and receive evidence and testimony under oath.24

(f) Investigations by Executive Director. The25

Executive Director and his employees shall investigate the26

qualifications of each applicant under this chapter before any27


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license is issued or before any registration, finding of1

suitability or approval of acts or transactions for which2

commission approval is required is granted, and the Executive3

Director shall continue to observe the conduct of all4

licensees and other persons having a material involvement5

directly or indirectly with a licensed bingo operation or6

registered holding company to ensure that licenses are not7

issued or held by, nor is there any material involvement8

directly or indirectly with a licensed bingo operation or9

registered holding company by, unqualified, disqualified or10

unsuitable persons or persons whose operations are conducted11

in an unsuitable manner or in unsuitable or prohibited places12

or locations.13

(g) The Executive Director has the authority to14

recommend to the commission the denial of any application, the15

limitation, conditioning or restriction of any license,16

registration, finding of suitability or approval or the17

imposition of a fine upon any person licensed, registered or18

found suitable or approved for any cause deemed reasonable by19

the Executive Director.20

(h) Subject to the due process provisions as21

hereinafter provided, the commission shall have authority for22

any violation of this amendment, or any local amendment, or23

any other laws of the state to deny any application or limit,24

condition, restrict, revoke or suspend any license,25

registration, finding of suitability or approval, or fine any26

person licensed, registered, found suitable or approved, for27


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any cause deemed reasonable by the commission, provided,1

however, the commission shall have no authority to set the2

business hours of operation of a licensed operator or limit3

the number or type of bingo equipment used by the operator so4

long as such bingo equipment complies with this amendment.5

(i) Any license issued or other commission approval6

granted pursuant to the provisions of this chapter is a7

revocable privilege, and no holder acquires any vested right8

therein or thereunder. Subject to the provisions of9

subparagraph (h) above, the initial decision of the commission10

to deny, limit, condition or restrict a license shall be final11

unless appealed in accordance with the provisions of this12

amendment.13

(j) The commission shall serve as a hearing panel14

and settle disputes between operators or between operators and15

patrons.16

(k) Any person or licensee aggrieved by the refusal17

of the commission to issue any license, or the suspension or18

revocation of a license, the imposition of a fine or penalty,19

the disapproval of a contract, or any other action or failure20

of action by the commission, may, within 60 days of such21

action or failure of action, appeal to the circuit court of22

the county where the bingo facility is located. If such court23

finds that the action of such commission, or its failure to24

take action, was arbitrary, unreasonable or contrary to the25

provisions of this amendment, the court shall order the26

issuance or reinstatement of such license, the abatement of27


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such fine or penalty, the approval of such contract, or such1

other remedial action as the court deems appropriate in the2

circumstances. The decision of such court shall be subject to3

appeal as in other cases at law.4

Section 12. Persons excluded from bingo facilities.5

(a) The exclusion or ejection of certain persons6

from licensed bingo establishments is necessary to effectuate7

the policies of this chapter and to maintain effectively the8

strict regulation of licensed bingo.9

(b) The commission may by rule provide for the10

establishment of a list of persons who are to be excluded or11

ejected from any licensed bingo establishment. The list may12

include any person whose presence in the establishment is13

determined by the commission or the executive director to pose14

a threat to the interests of this state or to licensed bingo,15

or both. Any licensed bingo establishment may eject persons16

from such establishment for reasons deemed appropriate except17

for those found under subsection (d) of this section.18

(c) In making that determination, the commission and19

the Executive Director may consider any:20

(1) Prior conviction of a crime which is a felony in21

this state or under the laws of the United States, a crime22

involving moral turpitude, or a violation of the gaming laws23

of any state;24

(2) Violation or conspiracy to violate the25

provisions of this chapter relating to:26


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(i) The failure to disclose an interest in a bingo1

establishment for which the person must obtain a license; or2

(ii) Willful evasion of fees or taxes;3

(3) Notorious or unsavory reputation which would4

adversely affect public confidence and trust that the bingo5

industry is free from criminal or corruptive elements; or6

(4) Written order of a governmental agency which7

authorizes the exclusion or ejection of the person from an8

establishment at which gaming is conducted.9

(d) Race, color, creed, sex, national origin,10

disability or ancestry shall not be grounds for denying any11

person the right of entry.12

Section 13. Penalties; failure by bingo13

establishments to exclude or eject14

(a) The commission may revoke, limit, condition,15

suspend or fine an individual licensee or licensed bingo16

facility in accordance with the laws of this state and the17

regulations of the commission if that establishment or any18

individual licensee affiliated therewith knowingly fails to19

exclude or eject from the premises of the licensed20

establishment any person placed on the list of persons to be21

excluded or ejected.22

(b) Any person who has been placed on the list of23

persons to be excluded or ejected from any licensed24

establishment is guilty of a misdemeanor if he thereafter25

enters the premises of a licensed establishment without first26

having obtained a determination by the commission that he27


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should not have been placed on the list of persons to be1

excluded or ejected.2

Section 14. Effective control over internal fiscal3

affairs4

(a) The commission shall prescribe minimum5

procedures for adoption by each licensee to exercise effective6

control over the internal fiscal affairs of the licensee,7

which shall include but are not limited to provisions for:8

(1) The safeguarding of assets and revenues,9

especially the recording of cash and evidences of10

indebtedness; and11

(2) The provision of reliable records, accounts and12

reports of transactions, operations and events, including13

reports to the commission and the Executive Director to verify14

bingo gross revenue.15

(b) The commission shall by regulation require16

periodic reports from each licensee concerning the bingo gross17

revenue of such licensee.18

(c) The commission shall by regulation require19

audits of the bingo gross revenue of all bingo licensees at20

points of destination.21

(1) The audits, compilations and reviews provided22

for in subsections (a), (b) and (c) must be made by23

independent accountants holding permits to practice public24

accounting in the State of Alabama.25

(2) For every audit required pursuant to this26

section:27


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(i) The independent accountants shall submit an1

audit report which must express an unqualified or qualified2

opinion or, if appropriate, disclaim an opinion on the3

statements taken as a whole in accordance with standards for4

the accounting profession established by rules and regulations5

of the Alabama State Board of Public Accountancy, but the6

preparation of statement without audit does not constitute7

compliance.8

(ii) The examination and audit must disclose whether9

the accounts, records and control procedures maintained by the10

licensee are as required by the regulations promulgated by the11

commission.12

(3) If the license of a licensee is terminated13

within three (3) months after the end of a period covered by14

an audit, the licensee may submit compiled statements for15

bingo gross revenue in lieu of an additional audited statement16

of the bingo gross revenue for the licensee's final period of17

business.18

(4) The licensee shall be responsible for the19

payment of costs or fees generated by any audit required by20

the commission. Failure to pay such costs and fees for such21

audit may result in the revocation of his license.22

Section 15. Operating license for facility;23

applicant eligibility24

a. No bingo establishment shall operate unless all25

necessary licenses and approvals therefor have been obtained26

in accordance with law.27


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b. No owner of more than five percent of a bingo1

facility or operator of a bingo facility may be licensed if2

ever convicted of a felony or convicted of any gambling3

offence.4

c. The commission shall approve the licensing of any5

point of destination previously approved by a local governing6

body if no evidence is presented by the commission which7

proves beyond a reasonable doubt before a circuit judge in8

Montgomery County that the licensing of such point of9

destination would be in violation of this amendment according10

to the conditions of licensing set forth in this amendment11

herewith.12

Section 16. Continuation of existing operations13

(a) Any bingo operator using bingo equipment that is14

licensed as of December 31, 2008, may continue to operate15

until one hundred twenty (120) days after the ratification of16

this amendment and shall not be required to make application17

for a gaming or gaming establishment license. After one18

hundred twenty (120) days has transpired following19

ratification, all bingo operation licenses using bingo20

equipment shall be automatically revoked other than at points21

of destination. The preceding provisions of this section 1622

shall not apply to bingo operators at points of destination.23

Any licensee must comply with all rules, regulations, of the24

state gaming commission and the department of revenue, all25

provisions of this amendment applicable to the state gaming26

commission and the department of revenue including the timely27


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remittance of fees and tax. Bingo establishments shall comply1

with this provision or state licensing and local licensing2

shall be revoked.3

Section 17. Issuance of licenses4

(a) If satisfied that an applicant is eligible to5

receive a state bingo license, and upon tender to the Revenue6

Department of:7

(1) All license fees and taxes as required by law8

and regulation of the State Gaming Commission; and9

(2) A bond in the amount of the gross receipts tax10

anticipated in the first month of operation shall be executed11

by the applicant as principal, and by a corporation qualified12

under the laws of this state as surety, payable to the State13

of Alabama and conditioned upon the payment of license fees,14

taxes, penalties, interest, fines and the faithful performance15

of all requirements imposed by law or regulation or the16

conditions of the license, the commission shall issue licenses17

for a period of twenty (20) years which shall be renewed for18

consecutive five year periods unless the commission shows19

cause that a violation of the provisions of this amendment has20

occurred and deliver to the applicant a license entitling the21

applicant to engage in the bingo operation for which he is22

licensed. The Executive Director shall prepare and maintain a23

written record of the specific terms and conditions of any24

license issued and delivered and of any modification to the25

license. A duplicate of the record must be delivered to the26

applicant or licensee.27


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Section 18. Payment of fees to make application for1

or continue license2

(a) Subject to the power of the commission to deny,3

revoke, suspend, condition or limit licenses, any state bingo4

license in force using bingo equipment may be received or5

continued by the commission upon proper payment of state6

license fees and any other fees, taxes and penalties as7

required by this amendment, including an annual license fee of8

not less than two hundred thousand dollars ($200,000).9

(b) Except for those points of destination initially10

licensed following the ratification of this amendment, a11

non-refundable application fee of not less than two hundred12

fifty thousand dollars ($250,000) shall be remitted by any new13

applicant and a renewal fee of two hundred fifty thousand14

dollars ($250,000) shall be due from a licensee at a15

destination point within thirty days following any license16

renewal. These license and application fees shall be17

appropriated annually for the operations and maintenance of18

the commission. Additional fees may be assessed to operators19

for the operation of the commission but shall be subject to20

approval by the legislative council.21

(c) All state license fees and fees required by law22

must be paid to the Revenue Department on or before the dates23

respectively provided by law or regulation for each fee.24

(d) Any person failing to pay the state gross25

receipts tax on bingo gross revenue or the license or26

application fees due at the times respectively provided shall27


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pay in addition to such license fee or fees, a penalty of not1

less than twenty-five percent (25%) of the amount due, unless2

failure to timely pay is due to reasonable cause as determined3

by the commission. The penalty must be collected as are other4

charges, license fees and penalties under this chapter.5

(e) If any licensee fails to pay his license fee as6

provided in this section, the commission may order the7

immediate closure of all the bingo activity until all8

necessary fees, interest and penalties have been paid.9

(f) Counties in which bingo activities using bingo10

equipment are authorized by this amendment are authorized to11

impose fees on a per bingo machine basis if imposed by the12

local governing body; however, such fee shall not exceed $50013

per bingo machine per year, provided, however, in lieu of any14

fee imposed by the local county governing body, as to each15

racetrack, a $500 per bingo machine fee shall be paid on or16

before December 31 of each year to the local racing17

commission, with the local racing commission for such18

racetrack to use no greater than one-third of such funds for19

the regulation and supervision of the bingo operations at the20

racetrack, with the balance of such annual funds distributed21

by the local racing commission to each of the governmental22

agencies and nonprofit organizations that are recipients of23

the pari-mutuel tax as established by local or general act.24

Nothing contained in this Section shall limit a district25

organized pursuant to Chapter 99A or 99B of Title 11 of the26

Code of Alabama (1975) from making assessments in excess of27


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$500 per bingo machine per annum, provided that such1

assessments are for the purpose of paying principal or2

interest relative to bonds issued by such district. The state3

gross receipts tax, the state license fees, and the local4

bingo machine fees required to be paid pursuant to this5

amendment shall be in lieu of all other state or local taxes6

or license fees levied with respect to the conduct of bingo7

and the bingo operator, provided, however, that all operators8

of bingo games shall continue to be liable for all income9

taxes, franchise taxes, property taxes, and sales and use10

taxes on merchandise, food and beverage generally applicable11

to all businesses at uniform rates.12

"Section 19. Amendment to Be Self-Executing.13

This amendment shall be self-executing, but the14

Legislature shall have the right and power to enact general or15

local laws supplemental to this amendment to further its16

purposes or provide for its implementation; provided, however,17

that such laws shall not be inconsistent with the express18

provisions of this amendment.19

"Section 20. Effective Date. This amendment shall20

take effect as part of the Constitution of Alabama upon its21

adoption by the electors of the state."22

Section 2. The election on said proposed amendment23

shall be held in accordance with the provisions of Sections24

284 and 285 of the Constitution of Alabama of 1901, as25

amended, and the Code of Alabama 1975, Title 17, Chapter 17;26


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however, such amendment shall be on the party primary ballot1

for 2010.2

Section 3. The appropriate election official shall3

assign a number to designate the proposed amendment on the4

election ballot and shall set forth the question on the5

adoption of the proposed amendment in the following form:6

"Shall an amendment to the Constitution of Alabama,7

as proposed by Act No. ____ [here insert the number assigned8

to the proposing act], be adopted (i) to authorize bingo9

destination points in Greene County, Macon County, Mobile10

County, City of Birmingham, Calhoun County, Etowah County, the11

City of White Hall in Lowndes County, Houston County, and12

Walker County, (ii) to establish the conditions under which13

bingo may be played in limited areas in the state, (iii) to14

authorize a state compact to require the Poarch Band of Creek15

Indians to make payments in lieu of taxes and to set16

restrictions on Indian gaming as a prerequisite thereof, (iv)17

to levy a state gross receipts tax on the revenue generated by18

bingo games, (v) to create a state gaming commission for the19

regulation of bingo operations throughout the state and to20

enforce the gaming laws of the state, and (vi) to provide21

funds for the Education Trust Fund and the state General Fund22

for the benefit of the state Medicaid program?23

Yes [ ]24

No [ ]"25

Section 4. Notice of the election shall be given by26

proclamation of the Governor, which proclamation, including27


45/45

the full text of the proposed amendment, shall be published1

once a week for four successive weeks next preceding the date2

appointed for the election in a newspaper published in each3

county of the state. In each county in which no newspaper is4

published, a copy of the proclamation of the Governor, giving5

notice of the election and the full text of the proposed6

amendment, shall be posted at each courthouse in such county.7

2009 alabama senate bill 471 - bingo bill

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