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SB257 INTRODUCED
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SB257
CXAZ8WJ-1
By Senators Coleman, Stewart, Hatcher, Coleman-Madison,
Figures, Smitherman (Constitutional Amendment)
RFD: Tourism
First Read: 03-Feb-26
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CXAZ8WJ-1 02/03/2026 CMH (L)bm 2025-2602
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First Read: 03-Feb-26
SYNOPSIS:
Under the Constitution of Alabama of 2022, the
Legislature has no power to authorize lotteries or gift
enterprises for any purposes.
This bill would propose an amendment to the
Constitution of Alabama of 2022, to authorize the
Legislature to establish a state lottery and authorize
in-person casino-style games and in-person and online
sports wagering activities.
This bill would establish a commission to
license and regulate all gaming activities in the
state.
This bill would prohibit the enactment or
ratification of any new local amendment to the
Constitution of Alabama of 2022, relating to gaming
activities.
This bill would authorize the Governor to
negotiate a Tribal-State gaming compact with the Poarch
Band of Creek Indians.
A BILL
TO BE ENTITLED
AN ACT
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Proposing an amendment to the Constitution of Alabama
of 2022, relating to lotteries and gift enterprises; to repeal
and replace Section 65 of the Constitution of Alabama of 2022;
to provide that the Legislature may establish a state lottery
and authorize certain forms of gaming activities; to establish
a commission to license and regulate all gaming activities in
the state; to prohibit any new local amendment to the
Constitution of Alabama of 2022, relating to gaming
activities; and to authorize the Governor to negotiate a
Tribal-State gaming compact with the Poarch Band of Creek
Indians.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
Section 65 of the Constitution of Alabama of 2022, is
repealed and in lieu thereof the following language shall be
adopted as Section 65:
Section 65
(a) The Legislature, by general law, may authorize and
provide for the following gaming activities:
(1) An official state lottery.
(2) Casino-style games played only in person on the
premises of a licensed gaming establishment.
(3) Sports wagering activities conducted in person or
through the Internet.
(4) Any other kind of gaming activity, if approved by a
vote of three-fifths of all members elected to each house of
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SB257 INTRODUCED
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vote of three-fifths of all members elected to each house of
the Legislature taken by roll call vote and entered upon the
journals thereof.
(b) There is established a commission within the
executive branch of government to license and regulate all
gaming activities authorized by the Legislature. The
Legislature, by general law, shall provide for the membership,
powers, and duties of the commission and shall establish a law
enforcement division within the commission to police and
effectively eradicate any unlawful gaming activity.
(c) Beginning on the ratification date of this
amendment, any future amendment to this constitution
applicable to less than the entire state relating to gaming,
including lotteries, gift enterprises, casino-style games,
sports wagering, raffles, and bingo, may not take effect and
shall be void.
(d)(1) The Governor may negotiate a Tribal-State
compact with the Poarch Band of Creek Indians for the
operation and regulation of Class III games and sports
wagering on lands held in trust by the United States for the
benefit of the Poarch Band of Creek Indians, as provided under
the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq.
(2) Following execution of the compact, the Governor
shall file the compact with the Secretary of State and the
commission. The Secretary of State shall forward an executed
copy of the compact to the United States Secretary of the
Interior for review and approval in accordance with, and to
the extent required by, federal law.
(3) The state's immunity to suit in federal court under
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(3) The state's immunity to suit in federal court under
the Eleventh Amendment to the United States Constitution is
expressly waived for the sole purpose of resolving disputes
arising under the terms of any compact negotiated pursuant to
this section. The waiver of the state's immunity under this
section is contingent upon an equivalent submission in the
compact by the Poarch Band of Creek Indians to the
jurisdiction of federal court.
(e) The provisions of this amendment shall not be
deemed to repeal or supersede any existing local amendment to
the Constitution of Alabama of 2022, relating to bingo.
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; harmonize
language; and translate effective dates.
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 2022, and the election laws of this
state. 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:
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constitutional amendment:
"Proposing an amendment to the Constitution of Alabama
of 2022, to (1) authorize the Legislature to establish a state
lottery and authorize certain forms of gambling activities;
(2) establish a commission to license and regulate all
gambling activities in the state; (3) prohibit any future
local amendment to the Constitution of Alabama of 2022,
relating to gaming activities; and (4) authorize the Governor
to negotiate a Tribal-State gaming compact with the Poarch
Band of Creek Indians.
Proposed by Act ____. "
This description shall be followed by the following
language:
"Yes( ) No( ). "
Section 3. The proposed amendment shall become valid as
a part of the Constitution of Alabama of 2022, when approved
by a majority of the qualified electors voting thereon.
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