An Alabama lawmaker has introduced a bill that aims to strengthen penalties for offenses related to gambling.
HB 41, sponsored by Rep. Matthew Hammett, R-Hozier, aims to elevate the severity of certain gambling offenses from misdemeanors to felonies. Under this proposed legislation, engaging in the promotion of gambling activities or allowing gambling in a place under one’s control would be considered a Class C felony. Subsequent offenses would be categorized as Class B felonies. Additionally, conspiring to commit gambling offenses would also be classified as a Class C felony, with subsequent offenses being elevated to Class B felonies.
According to Hammett, the proposed legislation would elevate the offense from a misdemeanor to a Class C felony for the first offense, and a Class B felony for subsequent offenses. For instance, if the illegal activity involves slot machines, the fine per machine would be $1,000. Similarly, if a store has more than 100 scratch-off tickets, the fine would amount to $2,500. Hammett clarified that the goal is not to target clerks who simply sell everyday items and handle transactions, but rather to focus on the individuals who own the stores or facilities involved in such illegal activities.
Possessing gambling offenses in the first degree would entail engaging in a bookmaking scheme or enterprise involving over 10 bets or exceeding $1,000. Similarly, it would involve participating in a lottery, lottery ticket, instant win ticket, or mutuel pari-mutuel scheme or enterprise consisting of more than 50 plays or chances, or an electronic game. This offense would be classified as a Class C felony, or a Class B felony for subsequent offenses. If found guilty, an individual would be fined $1,000 for possessing less than 100 lottery tickets or instant-win tickets, and $2,500 for possessing more than 100.
If caught with a gambling device, the possession of it would be considered a Class C offense, or a Class C offense for subsequent violations.
Possessing gambling records in the second degree would result in a Class A misdemeanor, while subsequent offenses would be considered a Class C felony.
According to Hammett, the bill aims to strengthen the law by imposing stricter penalties, thereby adding “some teeth” to the existing legislation. He clarified that the bill does not criminalize any activities that are currently legal.
“He said that if they are operating a dog track or working under a constitutional amendment, they will not be bothered,” he stated.
Lawmakers extensively debated and worked on a gambling package during the 2024 regular legislative session. Representatives Chris Blackshear, R-Smiths Station, and Andy Whitt, R-Harvest, sponsored the package, which aimed to establish a state lottery, impose restrictions on casino gambling, and establish a state commission to oversee the industry. In February, the bill successfully passed the House. However, the Senate later scaled down the bill, and despite further attempts, neither chamber managed to secure the necessary votes for a revised version.
In a written statement, he expressed the Alabama Senate’s dedication to upholding the rule of law in the state. He emphasized the importance of putting an end to the illegal gaming operations that are causing harm to communities throughout Alabama.
Senator Greg Albritton, a consistent advocate for gambling in the Legislature, mentioned that he had a forthcoming meeting where gambling would be discussed. However, he also acknowledged that there hasn’t been much discussion about gambling for the upcoming session.
He remarked that it was highly unusual.
According to him, he believes that the occurrences during the last session have played a role. In the past, gambling the bill have typically managed to pass in one chamber but failed in the other. The Senate has generally shown more willingness to cons ider comprehensive gambling bills compared to the House.
“I still don’t understand what happened or who shot John,” he said, reflecting on the events of last year. The House had passed a bill that closely resembled what the Senate had previously approved but failed to pass. This turn of events remains a mystery to him.
Albritton was responsible for carrying the bill in the Senate; however, he opted to filibuster the package during its initial vote on the Senate floor. Interestingly, he later changed his stance and voted in favor of the package during its first floor vote.
Albritton opposed the constitutional amendment portion of the bills when they were brought back to the floor by the conference committee. Although the bill received a simple majority of votes, it did not meet the required threshold for a constitutional amendment. While a procedural rule prevented the bill from being technically killed, it did not resurface at a later time.
“The Poarch Creek Indians have acknowledged the introduction of HB 41 by Rep. Hammett,” stated the Poarch Band of Creek Indians on Tuesday. “We are currently reviewing the language and assessing the potential implications of this bill.”
According to Albritton, the version he voted against would not have effectively addressed the issue of gambling in the state or provided any benefits to Alabama.
“I had always advocated for a comprehensive plan that would prioritize state control over the industry,” he explained. “Unfortunately, this decision goes against the principles I have been advocating for all along. It’s not aligned with my initial stance.”
According to Albritton, he had heard about HB 41 but hadn’t read it. He mentioned that the current enforcement between state and local authorities is quite vague.
“I believe the primary reason for discontinuing the enforcement of confiscation and similar measures was the lack of profitability. The cost of implementing these actions exceeded the benefits they brought. Moreover, the laws surrounding such practices were unclear and posed challenges in terms of enforcement. The process was both arduous and expensive, which I anticipate will continue to be a significant concern.”
Hammett, who represents parts of Covington, Coffee, and Escambia counties, believes that local law enforcement in his area is fully capable of accomplishing the task at hand.
He confidently stated, “I am acquainted with all the sheriffs in that area. They frequently apprehend individuals involved in illegal activities such as operating slot machines and selling scratch-off tickets.”
The sheriffs of the three counties were contacted and messages were left with them.
