HB502 Alabama 2022 Session

This bill would implement the constitutional amendment proposed in House Bill __ of the 2022 Regular Session, which establishes the Alabama Education Lottery under the regulation of the Alabama Education Lottery Commission

This bill would further provide for the powers, membership, and duties of the commission

This bill would create the Enforcement Division within the commission and provide for its powers and duties

This bill would establish the Alabama Education Lottery Trust Fund and would provide for the administration and distribution of the funds therein

This bill would provide for the issuance of lottery retailer licenses

This bill would authorize the commission to assess civil penalties for violations and would provide a process for hearings and appeals of a violation

This bill would provide for the disposition of proceeds from the Alabama Education Lottery Trust Fund, including establishing scholarship programs to be administered by the Alabama Commission on Higher Education, and would provide for the implementation and administration of those programs

This bill would provide criminal penalties for certain violations

This bill would also levy a state tax on net lottery revenues and would provide for the distribution of license fees and tax proceeds

Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, 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

Relating to the Alabama Education Lottery Commission; to add Chapter 30 to Title 41 of the Code of Alabama 1975, to provide for the powers, membership, and duties of the Alabama Education Lottery Commission; to provide for the personnel of the commission; to create an enforcement division within the commission; to provide for representation of the commission by the Attorney General; to provide for the licensure of lottery ticket retailers and the regulation thereof; to provide certain license fees and the distribution of the fees; to provide for the assessment of civil penalties; to provide for criminal penalties for certain violations; to provide for a hearing and appeals process; to provide for the licensure and regulation of lottery game activities; to provide rulemaking authority; to provide for certain reporting requirements by the commission; to levy a state tax on lottery revenues and provide for the distribution thereof; to establish the Alabama Education Lottery Trust Fund; to establish scholarship programs to be administered by the Alabama Commission on Higher Education; to provide for the implementation and administration of those programs; 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, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.