Gov. Robert Bentley Monday announced he would be creating a new Advisory Council on Gaming to help the state move toward a consensus on electronic bingo and other forms of gambling — an issue that has plagued the state for decades.
"The subject of gaming in Alabama has been the subject of dispute and controversy in Alabama for years," Bentley said Monday, Oct. 3. "It has been a very complex controversy for a number of years. A considerable amount of time, a considerable amount of money has been spent dealing with this issue. This issue is not going away."
Bentley will appoint seven members of the eleven-member council. Five members he will appoint will be his choice, one will be a member of the Alabama Sheriff's Association and one will represent the Alabama District Attorney's Association.
The remaining four members of the council will be appointed by House Speaker Mac McCutcheon and Senator Del Marsh, President Pro Tempore of the Senate, with each selecting two members from the respective chambers. Both men must select one Democrat and one Republican.
In addition to the eleven standing members, the governor can appoint more as needed.
The advisory council will study current state law regarding gaming, including the Alabama Constitution and its many amendments, as well as other local ordinances and county-specific constitutional amendments on the issue. Discrepancies between state and local laws have been used in the past to justify selective enforcement, especially in Macon County at Milton McGregor's VictoryLand casino and dog track.
"I want this council to take a comprehensive look at the issue," Bentley said. "The state of Alabama needs a fresh look at this issue. Past efforts have not solved this problem, and we need a clear path forward on gaming and games of chance."
In a statement released Monday afternoon, Attorney General Luther Strange said he supported the governor's efforts, but didn't acknowledge any leeway in his interpretation of standing law.
“The situation in Macon County, Lowndes County and elsewhere around the state is not about gambling; it’s about the rule of law," Strange said in a statement Wednesday. "And on gambling, Alabama’s laws are clear. In March of this year, the Alabama Supreme Court issued the latest in a long line of opinions declaring ‘electronic bingo’ unlawful in Macon County and the entire state of Alabama."
Last month, McGregor reopened VictoryLand in Shorter, Alabama, despite a recent Alabama Supreme Court ruling that deemed gambling illegal in all counties, despite local ordinances and county-specific constitutional amendments. Two weeks ago, Bentley and Strange sent letters to local sheriffs and district attorneys "reminding" them that electronic gambling is still illegal in the state.
“My office stands ready to assist Governor Bentley and local law enforcement in making sure Alabama laws are upheld," Strange said.
Despite the letter and the request, VictoryLand is still open and Bentley said Wednesday that he does not anticipate in state raids on the Macon County casino, which locals say is a key segment of their economy.
Two members of the council have been announced: Clinton Carter, the governor's new finance director, who was appointed Friday, and Jim Byard, director of the Alabama Department of Community and Economic Affairs.
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