1 HB135
2 204935-2
3 By Representative Brown (C)
4 RFD: Judiciary
5 First Read: 02-FEB-21
6 PFD: 01/26/2021
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1 204935-2:n:02/14/2020:KMS/tj LSA2020-381R1
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8 SYNOPSIS: Under existing law, it is a Class A
9 misdemeanor to possess a slot machine.
10 This bill would exempt from the crime of
11 possession of a gambling device, under certain
12 limited circumstances, slot machines manufactured
13 before 1960.
14 Amendment 621 of the Constitution of Alabama
15 of 1901, now appearing as Section 111.05 of the
16 Official Recompilation of the Constitution of
17 Alabama of 1901, as amended, prohibits a general
18 law whose purpose or effect would be to require a
19 new or increased expenditure of local funds from
20 becoming effective with regard to a local
21 governmental entity without enactment by a 2/3 vote
22 unless: it comes within one of a number of
23 specified exceptions; it is approved by the
24 affected entity; or the Legislature appropriates
25 funds, or provides a local source of revenue, to
26 the entity for the purpose.
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1 The purpose or effect of this bill would be
2 to require a new or increased expenditure of local
3 funds within the meaning of the amendment. However,
4 the bill does not require approval of a local
5 governmental entity or enactment by a 2/3 vote to
6 become effective because it comes within one of the
7 specified exceptions contained in the amendment.
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9 A BILL
10 TO BE ENTITLED
11 AN ACT
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13 To amend Section 13A-12-27, Code of Alabama 1975,
14 relating to the crime of possession of a gambling device; to
15 exempt slot machines manufactured before 1960, under certain
16 limited circumstances; and in connection therewith would have
17 as its purpose or effect the requirement of a new or increased
18 expenditure of local funds within the meaning of Amendment 621
19 of the Constitution of Alabama of 1901, now appearing as
20 Section 111.05 of the Official Recompilation of the
21 Constitution of Alabama of 1901, as amended.
22 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23 Section 1. Section 13A-12-27 of the Code of Alabama
24 1975, is amended to read as follows:
25 "13A-12-27.
26 "(a) A person commits the crime of possession of a
27 gambling device if with knowledge of the character thereof he
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1 manufactures, sells, transports, places or possesses, or
2 conducts or negotiates any transaction affecting or designed
3 to affect ownership, custody or use of:
4 "(1) A slot machine, unless exempted pursuant to
5 subsection (c); or
6 "(2) Any other gambling device, with the intention
7 that it be used in the advancement of unlawful gambling
8 activity.
9 "(b) Possession of a gambling device is a Class A
10 misdemeanor.
11 "(c) The crime of possession of a gambling device
12 does not apply to a slot machine manufactured before 1960,
13 with the intention that the slot machine be used only for the
14 personal and private use of the owner or for public display as
15 a historical artifact in a manner that the slot machine is not
16 accessible to the public."
17 Section 2. Although this bill would have as its
18 purpose or effect the requirement of a new or increased
19 expenditure of local funds, the bill is excluded from further
20 requirements and application under Amendment 621 because the
21 bill defines a new crime or amends the definition of an
22 existing crime.
23 Section 3. This act shall become effective on the
24 first day of the third month following its passage and
25 approval by the Governor, or its otherwise becoming law.
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Statutes affected:
Introduced: 13A-12-27