HB 446

Under existing law, bingo may be played in Jefferson County pursuant to Amendment 386 to the Constitution of Alabama of 1901, as amended by Amendment 600. This bill proposes an amendment to the Constitution of Alabama of 1901, to provide that electronic bingo may be played in Jefferson County and the municipalities located in the 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

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 Jefferson County and the municipalities located in the county; to authorize the county and municipalities to license electronic bingo games; and to prohibit persons under the age of 18 from playing electronic bingo.

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 for charitable, educational, or other lawful purposes, shall be legal in Jefferson County and the municipalities located in the county. The county commission and the city council of each municipality 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 may 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 may not be based on a percentage of receipts or profits resulting from the operation of bingo games unless the percentage is established by rules and regulations adopted by the county commission or the city council of the municipality where bingo games are operated. (5) A nonprofit organization may enter into a 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 may 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 may 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 may not exceed the cash amount or gifts of equivalent value set by regulations. (b) The county commission and the city council of each municipality may provide for the implementation of this amendment by the adoption of any resolution or ordinance. (c) 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 Jefferson County and the municipalities located in the 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 Jefferson County and the municipalities located in the 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 ( )."