116208-1:n:01/12/2010:JRC/th LRS2010-188
| SYNOPSIS: | Currently, there is not a state gaming commission to regulate gambling in Alabama. |
| This bill would establish the Alabama Gaming Commission to regulate all aspects of gambling in the state; would provide for the appointment of the members, the meetings and compensation, the duties and responsibilities of the commission; and would provide penalties for violations of the act. | |
| Amendment 621 of the Constitution of Alabama of 1901, 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. |
To establish the Alabama Gaming Commission to regulate all aspects of gambling in the state; to provide for the appointment of the members, the meetings and compensation, the duties and responsibilities of the commission; to provide for criminal and civil penalties for violations; 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, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) There is hereby created the Alabama Gaming Commission consisting of five members appointed by the Governor and subject to confirmation by the Senate. Each member of the commission shall be a resident of this state. No member shall have pled guilty to or shall have been convicted of a felony or gambling-related offense. No member shall be an elected official. The membership shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(b) The initial members of the commission shall be appointed as follows: One shall be appointed for a one-year term, two shall be appointed for two-year terms, and two shall be appointed for three-year terms. Thereafter, all members shall serve for three-year terms. No member shall serve more than two full terms. The Governor shall designate one member as the chair. Any member may be removed from office for malfeasance or neglect of duty in office.
(c) The commission shall meet at least quarterly. Special meetings may be called by the chair or any two members upon 24-hour written notice to each member. No action of the commission shall be binding unless taken at a meeting at which three of the five members are present and shall vote in favor thereof. Members shall receive as compensation the amount of one hundred dollars ($100) for every day in which the commission holds a meeting and shall be reimbursed for reasonable expenses incurred in the performance of their duties. The chair shall receive as additional compensation one hundred dollars ($100) for each month he or she serves on the commission in that capacity.
Section 2. The commission shall regulate all aspects of gaming and gambling in Alabama. Notwithstanding any other provision of law, the commission shall issue a license to each facility for the operation of bingo games, horse racing, dog racing, excursion gambling boats, casinos, or other forms of gambling. The commission shall establish the amount of each fee for the license to operate each form of gaming in Alabama. The commission shall promulgate rules to implement and administer this act, subject to the Alabama Administrative Procedure Act.
Section 3. No person shall operate any facility for the operation of bingo games, horse racing, dog racing, excursion gambling boats, casinos, or other forms of gambling without first obtaining a license issued by the commission. Any person violating the provisions of this act shall, upon conviction, be guilty of a Class B felony and in addition shall be subject to an administrative fine in the amount of one thousand dollars ($1,000) per day for each day the facility is in operation.
Section 4. All license fees and fines generated pursuant to this act shall be deposited into the State General Fund.
Section 5. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.
Section 6. This act shall become effective on January 1, 2011, following its passage and approval by the Governor, or its otherwise becoming law.