SB43 By Senator Sanders RFD Tourism and Marketing Rd 1 07-FEB-17

SYNOPSIS: Under existing law, bingo may be played in the Town of White Hall pursuant to Amendment 674 to the Constitution of Alabama of 1901. This bill proposes an amendment to the Constitution of Alabama of 1901, to provide that electronic bingo may be played in the Town of Whitehall and Lowndes County on any machine or device that is authorized by the National Indian Gaming Commission pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq., and which is operated by any Native American tribe in Alabama.

A BILL TO BE ENTITLED AN ACT

Proposing an amendment to the Constitution of Alabama of 1901, relating to legalizing certain operations of electronic bingo games for prizes or money for charitable or educational purposes in the Town of White Hall and Lowndes County; to authorize the Town of White Hall to operate and license electronic bingo games; and to prohibit persons under the age of 18 from playing electronic bingo.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled:

PROPOSED AMENDMENT

(a) The operation of bingo games, including electronic bingo, for prizes or money by nonprofit organizations, which shall include the Town of White Hall or any agency thereof, for charitable, educational, or other lawful purposes, shall be legal in the Town of White Hall and Lowndes County, subject to any resolution or ordinance by the town council. The town council shall have the authority to promulgate rules and regulations for the licensing and operation of bingo games and shall insure compliance pursuant to any ordinance and the following provisions:

(1) Bingo may be played on any machine or device that is authorized by the National Indian Gaming Commission pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq., and which is operated by any Native American tribe in Alabama.

(2) No person under the age of 18 years shall be permitted to play any game or games of bingo, nor shall any person under the age of 19 years be permitted to conduct or assist in the operation of any game of bingo.

(3) A bingo license shall not be issued to any nonprofit organization unless the organization has been in existence for at least two years immediately prior to the issuance of the license.

(4) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises are leased, the rate of rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games unless such percentage is established by promulgated rules and regulations authorized by the town council.

(5) A nonprofit organization may enter into any contract with any individual, firm, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization. A nonprofit organization shall not pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game.

(6) A nonprofit organization shall not lend its name or allow its identity to be used by another person or entity in the operating or advertising of a bingo game in which the nonprofit organization is not directly and solely operating the bingo game.

(7) Prizes given by any nonprofit organization for the playing of bingo games shall not exceed the cash amount or gifts of equivalent value set by regulations.

(b) The town council may provide for the implementation of this amendment by the adoption of any resolution or ordinance.

(c) The provisions of this amendment are complementary and supplemental to any amendment heretofore ratified authorizing the operation of bingo games in the Town of White Hall in Lowndes County.

(d) Any person who violates the regulations provided under the provisions of this amendment shall be guilty of a Class C misdemeanor upon the first conviction under this amendment and any subsequent violation shall be a Class A misdemeanor.

Section 2. An election upon the proposed amendment shall be held in accordance with Amendment 555 to the Constitution of Alabama of 1901, now appearing as Section 284.01 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, relating to the Town of White Hall and Lowndes County, proposing an amendment to the Constitution of Alabama of 1901, authorizing the operation of electronic bingo games by nonprofit organizations for charitable, educational, and other lawful purposes in the Town of Whitehall and Lowndes County and providing that such bingo may be played on any machine or device that is authorized by the National Indian Gaming Commission pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. §. 2701 et seq., and operated by any Native American tribe in Alabama.

"Proposed by Act ________."

This description shall be followed by the following language:

"Yes ( ) No ( )."

Constitutional Amendments

Gambling

Bingo

White Hall

Lowndes County

Counties