The Alabama Senate passed a gambling constitutional amendment after more than seven hours of debate on March 7, 2024. The constitutional amendment, HB 151, passed with one vote to surpass the necessary 21-vote (60%) threshold by a margin of 22-11. HB 152 also passed by the same margin.
Alabama Senator Greg Albritton (R-Atmore) carried both bills in the Senate
State Sen. Greg Albritton (R-Atmore) carried both bills in the Senate. The substitute amendments under the amended Senate plan include a statewide lottery and a requirement that the governor negotiate a gambling compact with the Poarch Band of Creek Indians (PCI).
Sports betting, online gambling, or other non-PCI new casinos aren’t included in the Senate’s amendment like the House’s version. The constitutional amendment would be voted on in the Senate plan on September 10 in a special election.
Overall, Albritton was displeased with the final outcome in his chamber.
“You know it’s a bad day legislatively when you can’t get a tabling motion on a single bill, a single matter,” Albritton told the Alabama Reflector. “It was a pretty tough day. It was an unfriendly bill with at least a semi-hostile crowd, and they were all skeptics of what was happening. [This] was kind of an interesting endeavor.”
The Senate’s revised constitutional amendment also includes authorizing pari-mutuel wagering, including historical horse racing at the racetracks in Greene, Jefferson, Macon, and Mobile. An additional location was mentioned in Greene County, at the existing bingo halls in Houston County.
Amendment would require the Legislature to establish a law enforcement division within the Alabama Gambling Commission
“Illegal gaming is happening all across Alabama. The Alabama Senate voted today to close the over a thousand illegal casino facilities across our state that plague our communities,” State Senate President Pro-Tem Greg Reed (R-Jasper) said in a statement after the bills passed the Senate.
“We also voted to hold criminals associated with illegal gaming accountable with increased criminal penalties. Criminals and their associates are out of business in Alabama. The Senate also voted today to give Alabama citizens the ability to vote for a statewide paper lottery.
“Our government was founded on the principle that it is by the people and for the people. Nothing is more foundational to our country than giving people the ability to vote at the ballot box. I trust the will of the people of Alabama.”
Additionally, the amendment would require the Legislature to establish a law enforcement division within the Alabama Gambling Commission. The division would oversee lottery games and other gambling activities. The goal would be to eliminate unlawful gambling activities.
The amendment would also repeal all local bingo amendments and prohibit the enactment of any future local amendment to the Constitution of Alabama of 2022.
Bill would help end illegal gambling in the Yellowhammer State
“Legislation passed today will help end illegal gambling that lacks any form of regulation in Alabama. There is a huge need to shut down illegal casinos that have popped up all across the state in our communities,” said Senate Majority Leader Steve Livingston (R-Scottsboro).
“The legislation led by Senate Republicans will put these bad actors out of business. It is also clear that Alabamians have the right to vote if they want a state paper lottery. Republicans believe in limited government, and I believe Alabamians have the right and wisdom to decide this issue.”
The bill will now head back to the House for its consideration since it differs from the amendment they passed in February. Both the House and Senate are taking a break next week and won’t be meeting.
“As you know, the House and Senate adjourned for constituent work week and will return the 19th. We plan to use that time to continue reviewing the legislation,” Charles Murry, a spokesman for House Speaker Nathaniel Ledbetter (R-Rainsville), told 1819 News in an interview.
Republicans are against the pari-mutuel gaming portion
State Sen. Sam Givhan (R-Huntsville) told 1819 News the pari-mutuel gaming portion was the biggest reason for 11 Republicans voting against the legislation.
“It was the expansion of that into other counties beyond those that currently have pari-mutuel in their existing law. The ones that are existing are Mobile, Greene, Jefferson, and Macon,” Givhan said.
“There was a draft last week that I felt I could support that provided Alabamians an opportunity to vote on a lottery. [That’s] overwhelmingly what they want, coupled with a de facto status quo gambling in four counties. As negotiations continued, the draft moved beyond what I and several other Senators could support.
“Now, it’ll be up to the House being able to accept this. It’s a relatively fragile vote number there because if they start trying to push I think they’re going to lose support. Of course, assuming that works out, it goes out for a vote.”
Constitutional amendment states the governor shall negotiate a Tribal-State compact with the Poarch Band of Creek Indians
Senate Minority Leader Bobby Singleton (D-Greensboro) told reporters, “I feel real good about where we are and we’ll work with the House and come up with something that everybody will like.”
“When you look at how (historical racing machines) look or you stand them right beside a slot machine they look just like a slot machine. There’s a slight difference in how they play,” Singleton added.
“However, I think the players will enjoy it. They will have something here in the state of Alabama (and) also the state lottery, so I feel good about where we are. I really do.”
Senate Democrats still favor the House plan over the Senate’s plan. The House plan offers other gambling interests such as Class III gaming, which includes roulette, blackjack, and craps. The constitutional amendment will likely be approved by voters if it’s placed on the ballot.
If passed by the Legislature and approved by voters, the constitutional amendment states the governor shall negotiate a Tribal-State compact with the Poarch Band of Creek Indians.
This would fall in line under the Indian Gaming Regulatory Act to provide for any and all activities allowable under that act. The governor may not grant authority for any activity to be conducted outside of lands held in trust by the U.S. for the benefit of the Poarch Band of Creek Indians.
Alabama is one of five states without a lottery, along with Alaska, Hawaii, Nevada, and Utah. Current PCI casinos are located at Atmore, Montgomery, and Wetumpka.
The earliest Alabamians could see sports betting legalized in the state would be 2025. Even then, that will require a lot of effort and compromises in both chambers.