116632-1:n:01/19/2010:JRC/th LRS2010-358
| SYNOPSIS: | This bill proposes an amendment to Section 65 of the Constitution of Alabama of 1901, now appearing as Section 65 of the Official Recompilation of the Constitution of Alabama of 1901, as amended. |
| This proposed amendment would specify that the Legislature would have no power to authorize any gambling activity including lotteries, gift enterprises, bingo, or other games of chance and would specify such activity is illegal. The proposed amendment would specify that the Legislature shall pass laws to further prohibit such gambling activity. | |
| The proposed amendment would provide what is deemed a game of chance. | |
| This proposed amendment would provide that any proposed constitutional amendment authorizing any gambling activity would be subject to a statewide vote. | |
| This bill would repeal Amendments 386, 387, 413, 440, 506, 508, 542, 549, 550, 565, 569, 599, 600, 612, 674, 692, 732, 743, and 744 to the Constitution of Alabama of 1901. |
Proposing an amendment to Section 65 of the Constitution of Alabama of 1901, now appearing as Section 65 of the Official Recompilation of the Constitution of Alabama of 1901, as amended; to further regulate and prohibit certain gambling activities; to provide that any proposed constitutional amendment authorizing any gambling activity shall be subject to a statewide vote; and to repeal Amendments 386, 387, 413, 440, 506, 508, 542, 549, 550, 565, 569, 599, 600, 612, 674, 692, 732, 743, and 744 to the Constitution of Alabama of 1901.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:PROPOSED AMENDMENT
Section 65 of the Constitution of Alabama of 1901, now appearing as Section 65 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, is amended to read as follows:
"Section 65.
"Part I. The legislature shall have no power to authorize any gambling activity, including, but not limited to, lotteries, or gift enterprises, or any other games of chance, including, but not limited to, pari-mutuel wagering, bingo, or class II and class III gaming, as defined in 25 U.S.C. §2703 for any purposes, and such activity shall be illegal. The legislature shall pass laws to further prohibit any gambling activity, including, but not limited to, the sale in this state of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery or of any other game of chance; and all acts, or parts of acts heretofore passed by the legislature of this state, authorizing a lottery or lotteries, and all acts amendatory thereof, or supplemental thereto, are hereby avoided void.
"Part II. (a) An act or activity shall be deemed a game of chance under this section if each of the following apply:
"(1) It is played or engaged in for consideration or by staking or risking money or some other thing of value.
"(2) It is played or engaged in for the purpose of obtaining money or other thing of value or results in the distribution of money or other thing of value.
"(3) The outcome, measured by a single play or over multiple plays, is determined in material degree by chance, notwithstanding that the outcome is also determined in equal or greater degree by other factors.
"(b) Such games of chance do not include bona fide business transactions valid under the law of contracts, including, but not limited to, contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including, but not limited to, contracts of indemnity or guaranty and life, health, and accident insurance.
"Part III. (a) It shall be illegal to operate or sponsor a sweepstakes if any of the following occurs:
"(1) The person or entity that operates or sponsors the sweepstakes is primarily engaged in the business of gambling, operating a sweepstakes, operating coin-operated amusement machines, or pari-mutuel wagering.
"(2) The payout of all sweepstakes sponsored by an entity over the course of one year exceeds one percent of the gross receipts of that sponsoring entity during that same year.
"(3) The payout of all sweepstakes sponsored by an entity over the course of one year exceeds one percent of the total annual expenses of that sponsoring entity as reported on its federal tax returns during that same year.
"(b) The gambling offenses listed in the criminal code, as amended, shall apply to an illegal sweepstakes.
"Part IV. Amendments 386, 387, 413, 440, 506, 508, 542, 549, 550, 565, 569, 599, 600, 612, 674, 692, 732, 743, and 744 of the Constitution of Alabama of 1901, are hereby repealed.
"Part V. Notwithstanding any other provision of this constitution or law, any proposed constitutional amendment authorizing any gambling activity shall be subject to a statewide vote."
Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.
Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:
"Proposing an amendment to the Constitution of Alabama of 1901, to prohibit certain gambling activities, including games of chance, bingo, and sweepstakes; to repeal Amendments 386, 387, 413, 440, 506, 508, 542, 549, 550, 565, 569, 599, 600, 612, 674, 692, 732, 743, and 744 to the Constitution of Alabama of 1901; and to provide that any proposed constitutional amendment authorizing any gambling activity shall be subject to a statewide vote.
"Proposed by Act ________."
This description shall be followed by the following language:
"Yes ( ) No ( )."