SB282 By Senator Albritton RFD Tourism Rd 1 05-MAR-20

SYNOPSIS: Under existing law, lotteries and gift enterprises are prohibited by Section 65 of the Constitution of Alabama of 1901.

This bill proposes an amendment to Section 65 of the Constitution of Alabama of 1901, to establish the Alabama Education Lottery and the Alabama Education Lottery Corporation and require the Legislature to enact one or more general laws to provide for the duties, powers, authority, and composition of the corporation.

The proposed amendment would also create the Alabama Gaming Commission to supervise the conduct of bingo, charitable bingo, pari-mutuel wagering, and casino-style games in the state.

The proposed amendment would provide that casino-style games may be operated only pursuant to a compact between the state and the Poarch Band of Creek Indians on lands held in trust for the Poarch Band of Creek Indians and, for an initial period of 25 years, at two additional sites, one in Jefferson County and one in Marshall, Jackson, or DeKalb County operated by the Poarch Band of Creek Indians. The proposed amendment would require an initial license fee of $250 million and a capital investment of at least $250 million for the additional sites. Upon expiration of the original license for the additional sites, two other sites would be authorized to conduct casino-style games pursuant to competitive bids with a minimum bid of $100 million for the license and a minimum bid of $250 million in capital improvements. The amendment would also impose a license fee determined by the commission on each operator of bingo or pari-mutuel wagering.

The amendment would also impose a tax of twenty-five percent on the net gaming revenues of the gaming operations in the state except operations on lands held in trust for the Poarch Band of Creek Indians.

The proposed amendment would require the Governor to negotiate in good faith a compact with the Poarch Band of Creek Indians to authorize casino-style games on lands held in trust for the Poarch Band of Creek Indians and require the Legislature to meet in a special session within 30 days of the ratification of the amendment to enact implementing legislation.

A BILL TO BE ENTITLED AN ACT

Proposing an amendment to Section 65 of the Constitution of Alabama of 1901, to establish an Alabama Education Lottery and the Alabama Education Lottery Corporation; establish the Alabama Gaming Commission to regulate the conduct of bingo, charitable bingo, pari-mutuel wagering, and casino-style games; authorize the Poarch Band of Creek Indians to conduct casino-style games at two sites; authorize two future sites for casino-style games; impose license fees and capital investment requirements and a tax on certain gaming proceeds; provide for the operation of casino-style games by the Poarch Band of Creek Indians on trust lands pursuant to a compact; require the Governor to negotiate a compact with the Poarch Band of Creek Indians; and require the Legislature to meet in special session to pass implementing legislation.

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

"Part I.

"The legislature Except as provided in Part II and Part III, the Legislature shall have no power to authorize lotteries or gift enterprises for any purposes, and shall pass laws to prohibit the sale in this state of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery; and, except as provided in Part II and Part III, all acts, or parts of acts heretofore passed by the legislature Legislature of this state, authorizing a lottery or lotteries, and all acts amendatory thereof, or supplemental thereto, are hereby avoided.

"Part II.

"Section 1. Declarations. The Legislature finds that: Lotteries have been enacted in many states and the revenues generated from the lotteries have contributed to the benefit of those states; many Alabamians participate in lotteries in other states; gaming facilities and resorts are allowed in many states and generate revenues that benefit economic development and increased tourism in those states; many Alabamians already visit gaming facilities and resorts in nearby states; and Alabamians support the limitation, regulation, and taxation of gaming in Alabama. Therefore, the purposes of this part are: (1) to establish and provide for a fair and honest Alabama Education Lottery to generate revenue for the Education Trust Fund; (2) to regulate and limit gaming to designated locations; (3) to levy taxes on gaming at those locations to generate revenue for the benefit of the state General Fund; (4) to support the state's tourism industry and economic development; (5) to require the Governor to negotiate a compact for gaming with the Poarch Band of Creek Indians; and (6) to establish the Alabama Gaming Commission to regulate gaming in the state.

"Section 2. Establishment of an Alabama Education Lottery.

"(a) The Legislature, by general law, shall provide for the establishment, administration, operation, and regulation of an Alabama Education Lottery consistent with this part and Part III.

"(b) The proceeds from the Alabama Education Lottery shall be applied first to the payment of the expenses of administering, operating, and regulating the Alabama Education Lottery, including, without limitation, the payment of all prizes, without any further appropriation required by law, and the balance of the proceeds remaining after the payments shall be deposited in the Education Trust Fund.

"(c) The administration, operation, and regulation of the Alabama Education Lottery shall be vested in a corporation hereby created and designated the Alabama Education Lottery Corporation. The duties, powers, authority, and composition of the Alabama Education Lottery Corporation shall be enumerated in one or more general laws enacted by the Legislature subsequent to and supplemental to this amendment. The authority of the corporation may not exceed the authority granted in this amendment.

"Section 3. Establishment of the Gaming Trust Fund.

"(a) The Gaming Trust Fund is created. Moneys received by the Alabama Gaming Commission from license fees pursuant to Section 4 of Part III, fees from a compact negotiated under Section 9 of Part III, and the proceeds of the tax on net gaming revenue pursuant to Section 6 of Part III shall be deposited in the fund.

"(b) Annually, monies in the fund shall be applied first to the payment of the reasonable expenses of the commission.

"(c) Annually, a percentage of the monies remaining in the fund determined by the Legislature shall be divided equally among the counties of the state on a per capita basis.

"Part III.

"Section 1. Definitions. As used in this amendment, the following words and phrases shall have the following respective meanings:

"(1) ADDITIONAL SITE. A site operated by the Poarch Band of Creek Indians offering casino-style games located in Jefferson County and a site operated by the Poarch Band of Creek Indians offering casino-style games located in Marshall, Jackson, or DeKalb County.

"(2)a. BINGO. Notwithstanding any other provision of this constitution or a general or local law, the game commonly or traditionally known as bingo as defined by the following characteristics:

"1. Each player uses one or more cards with spaces arranged in five columns and five rows, with an alphanumeric or similar designation assigned to each space.

"2. Alphanumeric or similar designations are randomly drawn and announced one by one.

"3. In order to play, each player must pay attention to the value announced; if one of the values matches a value on one or more of the player's cards, the player must physically act by marking his or her card accordingly.

"4. A player can fail to pay proper attention or to properly mark his or her card, and thereby miss an opportunity to be declared winner.

"5. A player must recognize that his or her card has a predetermined pattern of matching values, and in turn announce to the other players and the announcer that this is the case before any other player does so.

"6. The game of bingo contemplates a group activity in which multiple players compete against each other to be the first to properly mark a card with the predetermined winning pattern and announce that fact.

"b. The term does not include bingo operated on lands held in trust for the Poarch Band of Creek Indians.

"(3) CAPITAL INVESTMENT. All costs and expenses incurred by a licensed gaming operator in connection with acquiring, constructing, installing, and equipping of actual capital improvements at a licensed facility, if such costs are required to be capitalized for purposes of the federal income tax, determined without regard to any rule that permits expenditures properly chargeable to a capital account to be treated as current expenditures.

"(4) CASINO-STYLE GAME. Any traditional casino game, activity, or device, including, but not limited to, slot machines, video lottery, video lottery terminals, sports wagering, banking or banked card games, including, but not limited to, baccarat, chemin de fer, and blackjack, all table games, electronic representations of such games, and any electronic gaming device used to play such games, but excluding a lottery and lottery games and all games of the type currently operated on lands held in trust for the Poarch Band of Creek Indians.

"(5) CHARITABLE BINGO. Bingo conducted by or for the benefit of a bona fide religious, educational, youth, service, senior citizen, fraternal, veteran, or other organization that operates without profit to its members and that either has been in existence continuously as such an organization for a period of three years or is exempt from taxation by virtue of having been classified as a tax exempt nonprofit organization by the Internal Revenue Service. The term includes bingo operated by a volunteer fire department and a volunteer rescue squad. The term does not include bingo played on a machine with a technological aid.

"(6) COMMISSION. The Alabama Gaming Commission created by this amendment.

"(7) COVERED LOCATION. All places within the state where casino-style games, bingo, or pari-mutuel wagering is conducted, including places where bingo or pari-mutuel wagering is authorized by local law at the time this amendment is ratified. The term does not include places where charitable bingo is conducted or places where casino-style games, bingo, or pari-mutuel wagering is conducted on lands held in trust for the Poarch Band of Creek Indians.

"(8) FUTURE SITE. A site that may be licensed by the commission to conduct casino-style games when the original license of the Poarch Band of Creek Indians to conduct casino-style games on additional sites has expired.

"(9) INSTANT TICKET. A lottery game in which a player manipulates a paper ticket to determine if the player has won.

"(10) LOTTERY or LOTTERY GAME. Paper tickets for various intrastate and multistate or multisovereign lottery games, including, but not limited to, instant tickets, Pick-3, Pick-4, Mega Millions, and Powerball. The term does not include a video lottery or video lottery terminals.

"(11) NET GAMING REVENUE. The total amount of money in any form received by a covered location with respect to the playing of any form of casino-style game, pari-mutuel wagering, or bingo game, less the total money or value in any form paid as prizes or winnings as a result of the play, free play or promotional play, and the amortized cost of any license fee paid pursuant to this amendment, but before deduction of any expenses incurred in operating the establishment, including, but not limited to, depreciation or leasing costs of physical facilities and equipment, wages and other employment costs, utilities, interest, and taxes.

"(12)a. PARI-MUTUEL WAGERING. Notwithstanding any provision of this Constitution or a general or local law, a form of betting that requires the bettor to exercise a significant degree of skill to place a bet on a live horse or greyground race where the race must be viewed in its entirety prior to the determination of the winner. The race may be simulcast, broadcast, or televised and provide for race-time wagering at a licensed location other than the location where the race occurs.

"b. The term does not include pari-mutuel wagering operated on lands held in trust for the Poarch Band of Creek Indians.

"(13) POARCH BAND OF CREEK INDIANS. 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.

"(14) VIDEO LOTTERY or VIDEO LOTTERY TERMINAL. Any electronic interactive game, machine, or device equipped with a video screen and buttons, keys, a keyboard, touchscreen, or other input method allowing input by an individual player and into which the player inserts coins, tokens, currency, or other representation of value, including, but not limited to, an electronic card, ticket, or other thing on which value is electronically recorded, as consideration in order for play of a game to be available, and through which, as a result of the play of the game, the player may receive free games, credits redeemable for cash or a noncash prize, or some other thing of value, whether received directly from the device or otherwise, determined wholly or predominantly by chance. The term does not include automated player self-service vending machines that sell tickets at retail outlets as provided for by general law or rule. Video lottery and video lottery terminals are casino-style games and do not include games of the type currently being operated on lands held in trust for the Poarch Band of Creek Indians.

"Section 2. Limitation on Gaming in Alabama.

"(a) Casino-style games may be operated only at additional sites and future sites and, pursuant to a negotiated compact, by the Poarch Band of Creek Indians on lands held in trust by the United States for the benefit of the Poarch Band of Creek Indians. All casino-style games at additional sites and future sites are subject to regulation by the commission. Casino-style games on lands held in trust for the Poarch Band of Creek Indians shall be regulated in a manner consistent with the terms of the compact.

"(b) Bingo authorized by a local constitutional amendment, including, but not limited to, Amendments 386, 387, 413, 440, 506, 508, 542, 549, 550, 565, 569, 599, 600, 612, 674, 692, 732, 743, and 744, is subject to regulation by the commission and may be operated or conducted only if it complies with the definition in subdivision (2) of Section 1. Notwithstanding the foregoing, bingo that complies with the definition in subdivision (2) of Section 1 may continue to operate and be regulated under those existing provisions for two calendar years after ratification of this amendment or until a license is issued by the commission, whichever occurs first. After two years from the ratification of this amendment or the granting of a license by the commission, whichever occurs first, the amendments shall continue to authorize bingo in the respective localities, but all bingo in the state shall be under the jurisdiction, regulation, and control of the commission, except for all forms of bingo currently being operated on lands held in trust for the Poarch Band of Creek Indians.

"(c) Pari-mutuel wagering, including, but not limited to, pari-mutuel wagering authorized and regulated by Sections 11-64-1 through 11-64-47, Sections 45-44-150 through 45-44-151.05, and Sections 45-49-151 through 45-49-151.41, Code of Alabama 1975, is subject to regulation by the commission. Notwithstanding the foregoing, pari-mutuel wagering may continue operating under those existing provisions for two calendars years after the ratification of this amendment or until a license is operated by the commission, whichever occurs first. Pari-mutuel wagering on lands held in trust for the Poarch Band of Creek Indians shall be regulated in a manner consistent with the terms of a negotiated compact.

"Section 3. Selection Process for Additional and Future Sites.

"(a) The Poarch Band of Creek Indians shall request proposals from any county in which an additional site may be located.

"(b) Once an additional site is selected, the commission shall grant the Poarch Band of Creek Indians a license to conduct casino-style games at the location for 25 years pursuant to subsection (d) of Section 4.

"(c) When the Poarch Band of Creek Indians is granted a license for an additional site, when the original license expires, the commission, by competitive bid, may license two future sites to conduct casino-style games.

"Section 4. Payments and Capital Investments.

"(a) With respect to a covered location operating bingo, the operator shall pay the commission a license fee established by the Legislature for a term of 25 years. A capital investment is not required. At the end of the original license term, the license may be renewed serially for a fee established by the Legislature for a term of 10 years.

"(b) With respect to a charitable bingo operation, the operator shall pay a nominal licensee fee established by the Legislature for a term of 25 years. A capital investment is not required. At the end of the original term, the license may be renewed serially for a fee established by the Legislature for a term of 10 years.

"(c) With respect to a covered location operating pari-mutuel wagering, the operator shall pay the commission a license fee established by the Legislature for a term of 25 years. A capital investment is not required. At the end of the original license term, the license may be renewed serially for a fee established by the Legislature for a term of 10 years.

"(d) With respect to the additional site in Jefferson County, the Poarch Band of Creek Indians shall pay the commission a license fee of two hundred fifty million dollars ($250,000,000) payable to the Gaming Trust Fund within 30 days after the ratification of this amendment. The term of the license shall commence upon issuance of a certificate of substantial completion signifying that development construction activities are complete or three years after the ratification of this amendment, whichever shall occur first. A capital investment of at least two hundred fifty million dollars ($250,000,000) is required. At the end of the original license term, the license for the additional site in Jefferson County may be renewed serially for ten million dollars ($10,000,000) for a 10-year term.

"(e) With respect to the additional site in Marshall, Jackson, or DeKalb County selected by the Poarch Band of Creek Indians, the Poarch Band of Creek Indians shall pay the commission a license of two hundred fifty million dollars ($250,000,000), payable to the Gaming Trust Fund within 30 days after the ratification of this amendment. The term of the license shall commence upon issuance of a certificate of substantial completion signifying that development construction activities are complete or three years after an additional site is selected by the Poarch Band of Creek Indians, whichever shall occur first. A capital investment of at least two hundred fifty million dollars ($250,000,000) is required. At the end of the original license term, the license for the additional site in Marshall, Jackson, or DeKalb County may be renewed serially for ten million dollars ($10,000,000) for a 10-year term.

"(f) With respect to a future site, when the original licenses for the additional sites expire, the commission may license two future sites pursuant to competitive bids. The minimum bid for the license shall be one hundred million dollars ($100,000,000) for 25 years and shall contain a minimum capital investment of two hundred fifty million dollars ($250,000,000) which shall be completed within three years of the date on which the license is granted. At the end of the original license term and each subsequent renewal term, the license for the future sites may be renewed for ten million dollars ($10,000,000) for a 10-year term. The failure of the commission to license future sites does not affect the continued operation of the additional sites by the Poarch Band of Creek Indians.

"Section 5. Compliance with Federal Laws.

"The State of Alabama, acting by and through the adoption of this amendment, and in accordance with Section 1172 of Title 15 of the United States Code, does hereby declare that any and all casino-style game, pari-mutuel wagering, bingo, lottery, and lottery game equipment, materials, paraphernalia, and supplies may be transported in interstate commerce into or out of the state, including lands held in trust for the Poarch Band of Creek Indians, 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 the Alabama Education Lottery, charitable bingo, casino-style games, bingo, or pari-mutuel wagering at covered locations or on lands held in trust for the Poarch Band of Creek Indians.

"Section 6. State Tax on Net Gaming Revenue and Use of Tax Proceeds.

"(a) Each operator of a covered location shall pay the commission a tax of 25 percent of the net gaming revenue for the immediate preceding fiscal year on or before December 31. The commission shall retain eight percent of the tax and timely remit the following percentages of the remaining proceeds of the tax as follows:

"(1) Ten percent to the Gaming Trust Fund.

"(2) Eighty percent to the state General Fund.

"(3) Ten percent to the county commission of the county in which the operator is licensed.

"(b) The tax on net gaming revenue shall be in lieu of all other state or local taxes, license fees, or franchise fees levied with respect to the conduct of any games or the operation of any machines. The license fee payable to the state shall be in lieu of all other state or license fees or franchise fees levied with respect to a licensee providing hotel services, dining or other facilities, or services ancillary to its gaming activities, if the activities are conducted in conjunction with this amendment at covered locations, but the provisions of hotel services, dining and other facilities, or ancillary services must meet the requirements of other similarly situated license holders in the community. Notwithstanding the foregoing, unless the taxes are otherwise abated pursuant to this amendment, all operators are liable for all property taxes, sales and use taxes on merchandise sold in gift shops or retail stores, food, and beverages generally applicable at uniform rates to all similarly situated businesses operating in the county and municipality in which the operator is located and, except with respect to those taxes, fees, or expenses expressly addressed in this amendment, all other state or local taxes which are generally imposed by the state or a local taxing entity if the taxes are generally applied at rates uniformly applied within reasonable classifications among all businesses operating in the county or municipality, or both.

"(c) The commission may grant state and local tax abatements, to the extent otherwise allowed by Chapter 9B of Title 40 of the Code of Alabama 1975, as amended, to be granted by cities, counties, and public industrial authorities, to the additional sites and future sites to be constructed in connection with any agreement, contract, or compact authorized pursuant to this amendment without regard to whether the proposed gaming operation fits within the list of the prescribed North American Industrial Classification System codes eligible for abatement under Chapter 9B of Title 40 of the Code of Alabama 1975. Any proposal for an additional or future site to be constructed in connection with this amendment shall be eligible for any other state or local incentives available under the laws of the state or its political subdivisions.

"Section 7. Creation of the Alabama Gaming Commission.

"(a) There is created the Alabama Gaming Commission.

"(b) The commission shall consist of seven members, appointed as follows:

"(1) One by the Governor.

"(2) One by the Lieutenant Governor.

"(3) One by the Speaker of the House of Representatives.

"(4) One by the President Pro Tempore of the Senate.

"(5) One by the Minority Leader of the House of Representatives.

"(6) One by the Chief Justice of the Supreme Court of Alabama.

"(7) One by the Attorney General.

"(c) All members shall be appointed with the advice and consent of the Senate. Initial appointments shall be made within 60 days after the ratification of this amendment. The members, where possible, shall represent the gender and racial diversity of the state.

"(1) Members of the commission shall be residents of the State of Alabama, United States citizens, and prominent persons in their businesses or professions, and may not be the executive director of the commission or an employee of the commission, an officer of a political party of the occupant of an official position in a political party, an elected official, or actively engaged in the business of, or have a pecuniary interest in a covered location or an operation owned by the Poarch Band of Creek Indians.

"(2) The initial term of office shall be four years for members in positions 1 through 3, three years for members in positions 4 and 5, and two years for members in positions 6 and 7. Thereafter, members shall serve a term of four years. 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. Any vacancy occurring on the commission shall be filled for the unexpired term by the appointing authority as described in this section, or as otherwise provided by act of the Legislature. Each member of the commission shall serve for the duration of the member's term and until the member's successor is duly appointed and confirmed by the Senate.

"(3) The Governor may remove a member of the commission at any time for neglect of duty or malfeasance or nonfeasance in office.

"Section 8. Powers and Duties of the Commission.

"(a) The commission may adopt rules necessary to implement this amendment and related legislation.

"(b) The commission may issue subpoenas and compel the production of documents or items and the attendance of witnesses, administer oaths, require testimony under oath, and enforce its orders. Any person making a false oath in any matter before the commission is subject to a criminal perjury charge.

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

"(d) The commission shall regulate and supervise the conduct and operation of casino-style games, bingo, and pari-mutuel wagering at covered locations and charitable bingo. The commission shall issue licenses subject to and in accordance with rules adopted by the commission.

"(e) In addition to the powers granted in this section, additional powers, procedures, and operations of the commission with respect to regulation and supervision of covered locations and charitable bingo shall be enumerated in one or more general laws enacted by the Legislature subsequent to and supplemental to this amendment to further its purposes and provide for its implementation. The general laws enacted to implement this amendment shall provide the commission with the power to renew a license as authorized herein, and the commission may adopt rules establishing the terms on which a license may be revoked or suspended.

"(f) The number of casino-style games in operation at additional and future sites may not be restricted or limited by the commission or any general or local law.

"Section 9. Compact with the Poarch Band of Creek Indians.

"(a) The Governor or the Governor's designee shall negotiate in good faith and conclude a compact for the operation and regulation of casino-style games and pari-mutuel wagering with the Poarch Band of Creek Indians on lands held in trust by the United States for the benefit of the Poarch Band of Creek Indians.

"(b) Following execution of a compact, the Governor or the Governor's designee shall file the executed compact with the Secretary of State. The Secretary of State shall forthwith forward an executed copy of the compact to the Secretary of the Interior for review and approval in accordance with 25 U.S.C. § 2710(d)(8).

"(c) Gaming pursuant to a compact as described in this section is permitted to be conducted and operated by the Poarch Band of Creek Indians for a term of at least 25 years on those lands held in trust by the United States for the benefit of the Poarch Band of Creek Indians in return for consideration under terms to be established in the compact. The consideration may include the grant of the licenses to operate casino-style games as the two additional sites.

"(d) In addition to any and all other powers which may exist now or hereafter, the Governor or the Governor's designee may negotiate, execute, and deliver any and all documents on behalf of the state, and enter into any agreement or compact, or both, on behalf of the state, with the Poarch Band of Creek Indians. In furtherance of the powers set forth therein, and in addition to any and all other powers which may exist now or hereafter, the state may provide contractual, license or licensure rights to any one or more parties, without regard to any type of request for proposal process, without limitation as to any other rights or interest which it is authorized to provide under relevant law, and without regard to whether the contractual or licensure rights are granted on an exclusive or non-exclusive basis or whether in perpetuity or shorter period of time, so long as the provision or granting of rights or interest or other thing of value by the state to the Poarch Band of Creek Indians has been negotiated in good faith. If negotiated in good faith by the state, any consideration received or to be received by the state pursuant to this amendment, whether monetary or otherwise, shall be adequate and no action shall be had for private inurement or other unlawful waste, use, or misappropriation of public funds.

"(e) Disputes between the state and the Poarch Band of Creek Indians relating to or arising from the compact or compact negotiations may be resolved in the courts of the United States, which shall have jurisdiction over the state. The state's immunity under the Eleventh Amendment of the United States Constitution is expressly waived for the limited purpose of dispute resolution in federal court, contingent upon an equivalent submission by the Poarch Band of Creek Indians to the jurisdiction of federal court.

"Section 10. Special Session.

"For the exclusive purpose of enacting general laws to implement this amendment, the Legislature shall meet in special session within 30 days after the ratification of this amendment on a day determined by the Governor. If, within a week after the ratification of the amendment, the Governor fails to set a timely date for a special session, the Speaker of the House of Representatives and the President Pro Tempore of the Senate shall set a timely date for the special session.

"Section 11. Conflicting Provisions.

"The operation of this amendment is not subject to, or prohibited, limited, or impaired by, any other constitutional provision or statute that is inconsistent with this amendment. Specifically, this amendment, and its implementing legislation, does not violate the ban on irrevocable or exclusive grants of special privileges or immunities in Section 22, and the licenses authorized pursuant to this amendment do not violate the prohibition on grants or franchises, privileges, or immunities in Section 22."

END OF PROPOSED AMENDMENT

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 require the Legislature to provide for the establishment, administration, operation, and regulation of the Alabama Education Lottery, create the Alabama Education Lottery Corporation to administer the lottery, and provide for the duties, powers, authority, and composition of the corporation; to create the Alabama Gaming Commission to provide for powers of the commission to regulate and supervise casino-style games, bingo, charitable bingo, and pari-mutuel wagering; authorize the Poarch Band of Creek Indians to operate casino-style games at two locations and require the negotiation of a compact with the Poarch Band of Creek Indians to provide for casino-style games on lands held in trust for the tribe; and provide for license fees for gaming operations, capital investment requirements for operators of casino-style games, and a gaming tax of 25 percent of the net gaming revenues of gaming operators, except for charitable bingo and operations on lands held in trust for the Poarch Band of Creek Indians.

"Proposed by Act ________."

This description shall be followed by the following language:

"Yes ( ) No ( )."

Constitutional Amendments

Lotteries

Gaming

Gambling

General Fund

Education Trust Fund

Bingo

Casino Gambling

Governor

Poarch Creek Indians

Alabama Education Lottery and Gaming Commission

Elections