Legislation legalizing historical horse racing gambling machines in Greene County is unconstitutional, according to Eric Johnston, president of the Southeast Law Institute.
Senate Bill 90, a local bill by Senate Minority Leader Bobby Singleton (D-Greensboro), would allow pari-mutuel wagering on historical horse racing computerized machines in Greene County.
Similar legislation passed the Senate in 2023 and 2024 but died in the House.
The bill is now in the House Economic Development and Tourism Committee after passing the Senate.
Johnston said in a memo obtained by 1819 News sent to lawmakers, "Several (constitutional amendments) permitting traditional charitable bingo passed in the 1980s which morphed into unlawful computerized machines called bingo. After about a dozen Alabama Supreme Court cases, these were determined to be unlawful slot machines. The bingo CA's clearly limited the activity to traditional paper card bingo. The problem with this bill is greater. It creates an exception to §65, allowing computerized gambling without regard to the restrictions of pari-mutuel wagering. It is computerized gambling with no limitations. This cannot be done except by a CA. This bill does not propose a CA. If it passes, it will be unconstitutional," Johnston said in the memo.
"Also, this bill declares a tax (line 523) to be collected (lines 537-555). It is 'an act to amend an existing act... to raise revenue by which the amount to be collected under the latter act as amended is decreased or increased, is an act to raise revenue and by the terms of §70 must originate in the House...' See, Opinion of the Justices, 379 So.2d 1267, 1269 (Ala.1980)."
Johnston continued, "The last problem is that legislators give deference to members for their local laws. SB90 may be passed as a local law. This is not a 'local law.' It is gambling that affects the entire state and violates its public policy. 'Local law deference' should not be given to it."
"Further, when any local bill attempts to modify a general law like the criminal code, it is something that affects the entire state, and it is unconstitutional. This is not the first time that such a perverse strategy has been undertaken by gambling interests. If SB90 is not stopped this year, we will see many such bills to follow," he added.
SB90-Greene County Computerized Gambling by Caleb Taylor on Scribd
Revised 4-15 PM Review of SB 90 by Caleb Taylor on Scribd
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