Robert Bentley announces members of Alabama Advisory Council on Gaming
Gov. Robert Bentley on Friday announced the appointments for his newly-created Alabama Advisory Council on Gaming. Bentley’s appointments come three weeks after he announced the formation of the council earlier this month by signing Executive Order Number 24. The Council has been tasked with examining both state and local laws on gambling, taxes generated, and evaluate the best practices on gambling in other states, as well as compare Alabama to federal legislation governing gaming. “I am looking forward to the recommendations presented by this 11 person Advisory Council,” Governor Bentley said in a news release. “In recent years, a considerable amount of time and resources have been spent debating gaming in Alabama; however I am hopeful this group will present some new ideas or solutions that can help resolve this ongoing dispute and provide a clear direction going forward.” Finance Director Clinton Carter has been named chairman of the Advisory Council by the Governor’s Office. The appointments are as follows: Governor’s appointments: Jim Byard, Jr.: Director of Alabama Department of Economic and Community Affairs Clinton Carter: Director of Finance Department Curtis Stewart: Deputy Commissioner of Alabama Department of Revenue Carrie McCollum: General Counsel for Alabama Credit Union Administration Connie Rowe: State Representative Pro Tem’s appointments: Bobby Singleton: State Senator Greg Albritton: State Senator Speaker’s appointments: Jim Carns: State Representative Craig Ford: State Representative District Attorneys Association: Barry Matson: Deputy Director Sheriffs Association: Bobby Timmons: Executive Director All appointments are effective immediately. The Council will be meeting through the remainder of the year and will present their findings and make recommendations to the Governor, the President Pro Tem of the Senate, and the Speaker of the House on Jan. 31, 2017.
Alabama Attorney General: Daily fantasy sports leagues are illegal gambling
Televisions, smartphones, and computers were flooded during the 2015-2016 football season with advertisements for a relatively new form of fantasy sports. Between FanDuel and DraftKings, sports fans across the country were inundated with commercials promising a fast-paced game with the potential for high payouts. But on Tuesday, Alabama Attorney General Luther Strange sent cease-and-desist letters to two Daily Fantasy Sports companies, after determining that paid daily fantasy sports contests constitute illegal gambling. In daily fantasy sports (DFS), participants pay to create a roster of players, then pit their roster against those of other participants. Whomever’s roster performs the best that day within a certain pool wins prize money through the site. “As Attorney General, it is my duty to uphold Alabama law, including the laws against illegal gambling,” said Strange in a news release Tuesday afternoon. “Daily fantasy sports operators claim that they operate legally under Alabama law. However, paid daily fantasy sports contests are in fact illegal gambling under Alabama law.” According to Alabama code section 13A-20-12, a person participates in gambling if he or she “stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he or someone else will receive something of value in the event of a certain outcome.” Gambling in Alabama is illegal, with a few exceptions including buying securities and commodities, insurance, and some grandfathered activities. DFS sites often contend they are games of skill, not of chance, and thus aren’t covered under most states’ gambling laws, but Strange contends this is not sufficient to keep them legal in Alabama. “There is, of course, a measure of skill involved in creating a fantasy roster,” wrote the AG’s office. “But in the end, contestants have no control over the performance of the players on their rosters. For example, a player could fall ill before a game, be injured in pre-game warm-ups, or miss a large portion of the game due to injury or equipment failure. All of these factors, and many more, are outside the control of a fantasy sports player. Thus, the results of paid daily fantasy sports contests depend to a large degree on chance.” Two bills currently stalled in committee, SB114 by Sen. Paul Sanford (R-Huntsville) and HB56 by Rep. Connie Rowe (R-Jasper) would each establish regulatory rules regarding fantasy sports games in the state. The bills would require contest operators to institute procedures for consumer protection, require audits of operators and provide penalties for those operating outside of the established regulations. Were they to be passed, the bills would undo Strange’s decision, making the industry immune from being considered a gambling operation in the state. AG Strange says Alabama is the twelfth state to declare DFS to be illegal.
VictoryLand to announce reopening within 2 weeks
Owner Milton McGregor said Friday he will announce his VictoryLand racetrack and gaming facilities reopening dates within two weeks. A news release indicated he hopes to begin operations again by Christmas, and expects to hire about 2,000 employees from Macon County and localities surrounding the Shorter, Alabama, facility. The casino was the subject of a lengthy legal battle after police raided VictoryLand in 2013, seizing $263,105 and 1,615 electronic bingo machines that law state law enforcement said violated anti-gambling laws. Attorney General Luther Strange brought the case against VictoryLand to court, but was not successful in shutting it down. Courts later ruled the casino may re-open, though it could not keep the seized assets. In October 2015, Montgomery Circuit Judge William Shashy dismissed the state’s case, saying prosecutors could not target one facility while others remained in business. The establishment is undergoing renovations and negotiating with vendors in order to return electronic bingo to Shorter, McGregor said.
Robert Bentley supportive of lottery plan, with a catch
Gov. Robert Bentley came out in support of a lottery plan that is circulating among Montgomery law makers – but with one condition. Bentley has said he would change his stance on the issue if the revenues flow into the state’s General Revenue fund, as opposed to being earmarked for education purposes only as one going proposal would provide. The governor has by and large been opposed to any expansion of gambling, though that has softened in recent months. If the lottery is “clean” and resultant revenues flow into GR, “I would be willing to talk about it positively, but if it’s not I will have to go the other way,” Bentley said. The stipulation that the money go into the general budged, however, will likely reduce support among many lawmakers and Alabama voters, who see a lottery as worthwhile only if goes directly to the education budget. “If we put this before a vote of the people and it fails, I don’t think it will ever pass again,” said state Rep. Craig Ford, the House’s Democratic caucus leader. “I think it is more palatable to the people of Alabama if it goes to the education trust fund,” Ford said. Asked whether Bentley’s position is designed to ensure a lottery does not pass, Ford said: “It could be.” Bentley would not be able to veto or otherwise scuttle the bill by himself since the measure would be on the ballot during 2016 General Election in November, though he could throw his weight either behind or against the bill on the stump or through an advertisement campaign.
Robert Bentley devolves anti-gambling authority to local officials
Gov. Robert Bentley signed an executive order Thursday placing responsibility for anti-gambling laws on local county governments, revoking that authority from the state attorney general. The new order – Executive Order 13 – reverses an earlier order which disbanded the Governor’s Task Force on Illegal Gambling and placed the attorney general in charge of gaming. “Executive Order 13 clarifies that local law enforcement officers should determine the legality of the Constitutional laws as those laws relate to their own counties. Recent rulings have raised concern with the unequal enforcement of Alabama’s criminal laws, including gambling laws,” said Bentley announcing to move. “By signing Executive Order 13, we are clarifying exactly where the responsibility for enforcing laws lies and that is with the local elected officials,” he said. The move was also due in part to the cost of state-level enforcement, amid major budget cuts passed by the Legislature and enacted by Bentley, beleaguered of late by a public divorce and tension with Montgomery lawmakers. Alabama has spent in excess of an estimated $9 million and “expended immense resources for several years” for the enforcement of Alabama’s anti-gambling laws, the governor’s office said. The order says additional state spending on enforcing the anti-gambling laws should be limited. Bentley’s new decision reverses his first-ever executive proclamation, Executive Order 1, issued in January 2011, the same month he took office. Executive Order 13 formalizes a recommendation he made to Attorney General Luther Strange earlier this year that all authority over investigation and implementation of the state’s anti-gambling provisions devolve to the local leve. Read the full executive order here.
Judge delays ruling on return of VictoryLand machines
A judge in Montgomery is delaying a decision on whether to return more than 1,600 gambling machines seized in a raid at the VictoryLand casino in 2013. Circuit Judge William Shashy told lawyers during a hearing Tuesday he wants to see what happens in other cases and the Legislature before deciding the request by VictoryLand owner Milton McGregor. Al.com reports that McGregor hopes to reopen his Macon County operation soon if he can find a vendor for electronic bingo machines. Shashy ruled in June that the state wrongly seized gambling machines and more than $260,000 in cash from VictoryLand during the raid. McGregor is in in court trying to get everything returned. The state attorney general’s office is trying to block the release of the machines and cash. Republished with permission of The Associated Press.
Alabama Jobs Foundation: “Let the people vote” on gaming bill
As reported Wednesday morning, the Alabama Jobs Foundation released the results of a poll it commissioned that showed strong support (69 percent) for a gaming bill a la Sen. Del Marsh‘s proposal circulating in the Legislature, and overwhelming support (89 percent) for the right to have the debate publicly by way of a referendum on the measure. Early Wednesday afternoon, AJF officials commented about the numbers and what they mean for Alabama’s economic and political future. “These results simply confirm what I hear from Alabamians across the state,” said Pat Dye, former head football coach at Auburn University. “They are ready to vote on this issue once and for all. The voters are clear about what they support: an education lottery and gaming that brings jobs, revenue and economic development to our state.” “Alabamans get it. They see Alabama dollars flowing into other states and they want those dollars stopped and working right here in Alabama for our workers and families. It’s just good old-fashioned common sense,” Dye said. Marsh — whose gaming proposal is competing for oxygen with the Poarch Creek Indian Tribe’s plan in the public sphere and the Legislature — agreed wholeheartedly. “The voters of Alabama are speaking as loud and clear as they can on this issue,” said Marsh, a Republican and Senate president pro tempore. “They demand the right to vote on this issue. They support my lottery and gaming constitutional amendment by large numbers.” “And just as important, they oppose raising taxes, too,” Marsh said as a dig at Gov. Robert Bentley and fellow senators who have proposed balancing the books by increasing tax receipts. Marsh cited the AJF poll in a news release, which showed 66 percent of voters polled oppose Bentley’s plan to increase taxes and that 63 percent of voters indicated they were inclined to vote against sitting legislators who voting in favor of such a plan . “I think those are the kind of poll numbers that should get the attention of every legislator in Montgomery,” Marsh said.
Poll: Voters overwhelmingly support Del Marsh plan, reject Robert Bentley tax increases
In a press conference Wednesday morning the Alabama Jobs Foundation announced the release of key findings from a recently conducted poll that supports efforts by Sen. Del Marsh, Senate President Pro Tempore. Highlights of the survey include: 89 percent of Alabamians demand the right to vote on gaming. 80 percent support an education lottery 69 percent support a gaming/education lottery constitutional amendment 77 percent support the Del Marsh gaming/education plan over the Poarch Creek Band proposed monopoly plan 66 percent of Alabamians oppose new taxes Among the most interesting findings are the opposition to the tax increases that Gov. Robert Bentley and Speaker Mike Hubbard are proposing is above 60 percent across party lines. The proposal to give the Poarch Creek Band a monopoly on gaming is also at more than 60 percent opposition between Republican and independent voters, with Democrats supporting it 53 to 45 percent. When given the choice of the two plans, an overwhelming majority support the Marsh plan with 70 percent of Republicans, 78 percent Independents and a whopping 87 percent of Democrats. TargetPoint Consulting in Alexandria, Va., conducted the survey of 8,009 registered voters on July 21-23. Detailed results can be found at Alabama Jobs Foundation poll overview. Check back with Alabama Today for more information and reactions to the poll.
Del Marsh to join Alabama Jobs Foundation’s for poll release
The Alabama Jobs Foundation is holding a press conference at 10 a.m. Wednesday to announce the results of a new statewide poll. A Foundation media advisory says Sen. Del Marsh, Senate President Pro Tempore and sponsor of a plan to allow voters to vote on a constitutional amendment on gaming expansion, will be in attendance with Chip Hill, executive director of the Alabama Jobs Foundation, and Michael Meyers, a pollster with TargetPoint Consulting, Alexandria, Va. The group has backing of some of Alabama’s biggest names in business, launched with Pat Dye and Charles McCrary, and recently added Harold Ripps, and Frank Bromberg to the board. Marsh has been outspoken about his support of allowing voters to decide on gambling. In an earlier press conference with Birmingham Mayor William Bell, they expressed their preference of the amendment rather than a plan by Gov. Robert Bentley and Speaker Mike Hubbard to raise taxes. “This is a viable option that should be put to the people to decide,” he said. “The people should have the right to make this choice before we put $600 million of new taxes on them.” Birmingham Mayor William Bell joined Marsh at the press conference to lend his support to the gaming proposal because of its potential to boost economic development in his city. “We can’t stand on the sidelines,” Bell said. “In the last gubernatorial election, you had officials saying that we should let the people have the right to decide on gaming. Gaming is by choice, taxes aren’t by choice. If we have a lottery, people can choose for themselves whether to participate in that activity.” Alabama Today will be covering the event.
Del Marsh is right to file gambling bill
Bravo, Del! Bravo. Filing a gambling bill this Special Session is the right thing to do. No matter what position conservatives take on gambling it’s hard to argue that the issue shouldn’t be put before the voters of the state. The Auburn study on the proposal the Senate was looking at during session was so promising that it’s worth discussing. As we previously have written, a look at the numbers in the AUM reports: A staggering 13,000 plus jobs will be created; $331,667,963 is the expected annual revenue from a state-run lottery system, and; Depending on the tax rate, the estimated revenue from expanded casinos will be with a rate of 13 percent, $63,015,148, or up to $73,863,632 with a 15 percent tax rate. That adds up to nearly $400 million in tax revenue to be collected for the general fund with the expansion of both. The gambling bill has the support of Birmingham Mayor William Bell, many in the business community as represented by a coalition headed by Charles McCrary and Pat Dye, and of enough people that it’s worth discussing. Here’s to hoping Gov. Robert Bentley reconsiders his steadfast opposition to allowing the bill to come up in the Special Session or that the legislators are able to reach the majority needed to bring it up themselves. The people deserve the opportunity to vote.
Alabama legislative week in review: May 26-28
The 26th legislative day ended with reports from House and Senate lawmakers that an August Special Session is likely in order to finish discussions on overcoming the states short-term and long-term budget shortfalls. Agenda items before lawmakers in August could include Senate President Pro Tem Del Marsh’s lottery and gaming proposal, various measures to increase state revenue, and a controversial proposal from Sen. Gerald Dial to eliminate earmarks and unify the education and general fund budgets. At a public hearing on Wednesday, agency chiefs outlined a list of horrible outcomes — from prison closures to shortages in mental health services — should the austere general fund budget come to fruition. Despite those concerns, lawmakers gave the budget proposal a favorable report by a vote of 13-0, moving the stripped-down budget closer to reality. Here is a quick week in review going through all of the major headlines from this week’s legislative agenda: Alabama lawmakers offered a final unanimous vote on a bill that would allow physicians to prescribe terminally ill patients promising, but unapproved medical treatments. House Bill 463, known as the Right to Try Act, allows doctors caring for people with terminal illnesses to prescribe medications that the Food and Drug Administration has deemed promising, but not yet ready for mass consumption. Thursday’s vote makes Alabama one of at least 12 states that have passed right to try legislation this year. • • • The Alabama House passed a bill to establish integrated care networks to allow more Medicaid recipients to stay in their homes instead of nursing homes. • • • The House also voted 68-26 to expand the Alabama Accountability Act and tighten restrictions on scholarships and the groups that distribute them.’ • • • Gov. Robert Bentley appointed the state’s first commission to oversee Alabama’s 25 community and technical colleges. Lawmakers say the eight-member commission will help schools to focus on developing more specialized training programs and preparing entry-level employees to meet growing workforce demands. • • • The House Judiciary committee offered a favorable report on House Bill 657, to ban employment discrimination on the basis of “immutable” characteristics that do not effect job performance. Bill sponsor Rep. Mike Ball said that the measure would protect differences in gender expression, gender identity and sexual orientation. The following day, lawmakers blocked House Bill 615, Rep. Chris England’s proposal to establish civil rights protections against any discrimination based on sexual orientation, gender identity, or familiar status.
Alabama legislative agenda preview: May 26-28
Tuesday will be the 25th Legislative Day for Alabama lawmakers, leaving just five more days for the legislature to pass a general fund budget. Sen. Gerald Dial has filed a constitutional amendment to unify the education and general fund budgets for future years in an effort to solve the long-term imbalance in funding between the two funding pools. While an earlier proposal filed in the Senate would allow the two funds to share growth revenue, Senate Bill 502 would create a single budget without any earmarks for specific programs or budget items. The Senate finance and taxation panel is expected to vote on the proposal on Tuesday at 1:00 pm. We may see more news from the Senate on Tuesday as Senate President Pro Tem Del Marsh confirmed plans to bring his lottery and gaming proposal to the floor for a vote. House members are scheduled to vote Tuesday on House Bill 664, a plan from Sen. Jabo Waggoner to allow members of the Alabama Public Charter School Commission to be appointed by the Governor, Lieutenant Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives rather than the state board of education. According to the House special order calendar, members are also scheduled to vote Tuesday on bills to allow age-appropriate sexual abuse awareness programs in public schools, establish greater protection for victims of domestic violence, and a measure to block abortion clinics from operating near public schools. Here are a few of the items on committee agendas this week: … The House Judiciary committee will consider two bills this week to strengthen civil rights protections in the LGBT community. On Tuesday, the panel will hear public comment on House Bill 657, companion legislation to a proposal filed last week by Sen. Del Marsh to ban employment discrimination on the basis of gender expression, gender identity and sexual orientation. The next day, lawmakers will hold a public hearing on House Bill 615, Rep. Chris England’s proposal to establish civil rights protections against any discrimination based on sexual orientation, gender identity, or familiar status. … The House committee on public safety is scheduled to vote on House Bill 261, the companion bill to Senate Bill 468, also known as the Alabama Dog Tethering and Outdoor Shelter Act. Rep. Steve McMillan brought the bill to make it illegal for dog owners to tie their pets to stationary objects and says that any pet kept outside must have adequate food, water, and shelter.
