Alabama 2022 Regular Session

Alabama Senate Bill SB212 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 SB212
2	2	2 213003-1
3	3	3 By Senator Waggoner (N & P)
4	4	4 RFD: Local Legislation
5	5	5 First Read: 15-FEB-22
6	6
7	7	Page 0 1 213003-1:n:04/07/2021:FC/ma LSA2021-1097
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10	10	4
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13	13	7
14	14	8 SYNOPSIS: Under existing law, any Class 1 municipality
15	15	9 is authorized to establish a racing commission
16	16	10 under certain conditions. The members of the host
17	17	11 county House legislative delegation and the host
18	18	12 county Senate legislative delegation each appoint
19	19	13 one member to the commission. The host county
20	20	14 legislative delegations are defined to include only
21	21	15 members of each delegation whose district is
22	22	16 composed of all or a majority of residents of the
23	23	17 host county. When a vacancy occurs on the
24	24	18 commission in the position of a member appointed by
25	25	19 the host county legislative delegations, the mayor
26	26	20 of the sponsoring municipality calls the meeting to
27	27	21 make the appointment to fill the vacancy.
28	28	22 This bill would provide that the host county
29	29	23 House and Senate delegations would consist of all
30	30	24 members of the respective House and Senate host
31	31	25 county legislative delegations. The bill would also
32	32	26 provide that the chair of the House or Senate host
33	33	27 county legislative delegation would call a meeting
34	34	Page 1 1 to fill a vacancy to be filled by each host county
35	35	2 legislative delegation and would provide a
36	36	3 procedure to fill the vacancies if the delegations
37	37	4 do not act.
38	38	5
39	39	6 A BILL
40	40	7 TO BE ENTITLED
41	41	8 AN ACT
42	42	9
43	43	10 To amend Sections 11-65-2 and 11-65-5 of the Code of
44	44	11 Alabama 1975, relating to the racing commission provided for
45	45	12 in Class 1 municipalities, to further provide for the
46	46	13 procedures for filling vacancies on the commission of members
47	47	14 appointed by the host county House and Senate legislative
48	48	15 delegations.
49	49	16 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
50	50	17 Section 1. Sections 11-65-2 and 11-65-5 of the Code
51	51	18 of Alabama 1975, are amended to read as follows:
52	52	19 "§11-65-2.
53	53	20 "(a) The following words and phrases used in this
54	54	21 chapter, and others evidently intended as the equivalent
55	55	22 thereof, shall, unless the context clearly indicates
56	56	23 otherwise, have the following respective meanings:
57	57	24 "(1) ALABAMA-BRED. When this term is used with
58	58	25 reference to a horse, it means a horse which is registered in
59	59	26 the registry designated and administered by a commission in
60	60	27 accordance with such rules concerning domicile and
61	61	Page 2 1 registration requirements as may be established by such
62	62	2 commission and which is either (i) foaled from a mare
63	63	3 domiciled in the state during the 10-year period beginning
64	64	4 with January 1, 1991, or (ii) sired by an Alabama stallion and
65	65	5 foaled from a mare domiciled in the state at any time after
66	66	6 the expiration of such 10-year period.
67	67	7 "(2) ALABAMA STALLION. A stallion which is standing
68	68	8 in the state at the time he is bred to the dam of an
69	69	9 Alabama-bred horse, which is registered with a commission, and
70	70	10 which is owned or leased by a resident of the state. For
71	71	11 purposes of this definition, the commission with which any
72	72	12 Alabama stallion may be registered shall have the power to
73	73	13 prescribe rules and regulations governing the qualifications
74	74	14 of residence in the state for the owner or lessor of such
75	75	15 stallion and the manner by which such qualifications shall be
76	76	16 confirmed to the commission.
77	77	17 "(3) BREAKAGE. The odd cents by which the amount
78	78	18 payable on each dollar wagered exceeds a multiple of 10 cents.
79	79	19 "(4) BREEDER. The owner of a mare at the time such
80	80	20 mare gives birth to an Alabama-bred foal.
81	81	21 "(5) BREEDING FUND. A special fund established by a
82	82	22 commission pursuant to the provisions of Section 11-65-34 and
83	83	23 any applicable rules and regulations of such commission for
84	84	24 the purpose of promoting the breeding, raising, and racing of
85	85	25 horses in the state.
86	86	26 "(6) BREEDING FUND FEE. A fee payable to a
87	87	27 commission by a horse racing operator pursuant to Section
88	88	Page 3 1 11-65-34 for deposit into the breeding fund established by
89	89	2 such commission.
90	90	3 "(7) COMMISSION. Any public corporation organized
91	91	4 pursuant to the provisions of this chapter.
92	92	5 "(8) COMMISSION GREYHOUND WAGERING FEE. The license
93	93	6 fee payable to a commission by a greyhound racing operator for
94	94	7 a particular calendar year, the amount and payment schedule of
95	95	8 which are to be determined in accordance with the provisions
96	96	9 of Section 11-65-30.
97	97	10 "(9) COMMISSION HORSE WAGERING FEE. The license fee
98	98	11 payable to a commission by a horse racing operator for a
99	99	12 particular calendar year, the amount and payment schedule of
100	100	13 which are to be determined in accordance with the provisions
101	101	14 of Section 11-65-30.
102	102	15 "(10) COMMISSION MUNICIPAL JURISDICTION. The
103	103	16 territory of a sponsoring municipality that is located within
104	104	17 the boundaries of the host county.
105	105	18 "(11) DISQUALIFIED PERSON. Any of the following
106	106	19 shall constitute disqualified persons:
107	107	20 "a. Any person who has ever been found guilty in a
108	108	21 court of competent jurisdiction of any corrupt or fraudulent
109	109	22 act, practice, or conduct in connection with horse or dog
110	110	23 racing or any activity involving legal gambling in any state
111	111	24 of the United States of America or any other country, or any
112	112	25 person who has ever had a license or permit to participate in
113	113	26 horse or dog racing or in any activity involving legal
114	114	27 gambling denied for just cause, suspended, or revoked in any
115	115	Page 4 1 state of the United States of America or in any other country;
116	116	2 or
117	117	3 "b. Any person who has ever been found guilty in a
118	118	4 court of competent jurisdiction of a felony involving moral
119	119	5 turpitude, or who has ever been the subject of injunctive or
120	120	6 disciplinary action by any federal or state court or
121	121	7 regulatory body charged with protecting the public against
122	122	8 fraudulent or illegal conduct; or
123	123	9 "c. Any person who has ever been indicted by three
124	124	10 separate grand juries for any felony or misdemeanor involving
125	125	11 moral turpitude, even though such indictments did not result
126	126	12 in a conviction; or
127	127	13 "d. Any person who has ever been made a principal
128	128	14 subject, either singly or in conjunction with others, of
129	129	15 investigations by either federal or state law enforcement
130	130	16 agencies into activities that violate federal or state laws
131	131	17 against criminal conspiracy, racketeering, illegal gambling,
132	132	18 and other activities associated with organized crime, provided
133	133	19 that no person shall be deemed to be a disqualified person
134	134	20 because of any such investigations unless they have involved
135	135	21 at least three geographically distinct or factually different
136	136	22 instances of illegal conduct, or unless they provide
137	137	23 convincing grounds, based upon the seriousness and number of
138	138	24 alleged offenses, for believing that the person in question
139	139	25 has been actively and systematically involved in organized
140	140	26 crime and racketeering with one or more persons previously
141	141	Page 5 1 indicted for or convicted of crimes involving moral turpitude;
142	142	2 or
143	143	3 "e. Any person if a commission determines that, for
144	144	4 any reason, it is not in the best interests of the people of
145	145	5 the state, the host county, or the sponsoring municipality for
146	146	6 such person to own an interest in a horse racing facility
147	147	7 licensee or an operator, or any person if the circuit court of
148	148	8 the host county determines, pursuant to a proceeding
149	149	9 instituted by the district attorney of the host county under
150	150	10 the provisions of Section 11-65-22, that, for any reason, it
151	151	11 is not in the best interests of the people of the state, the
152	152	12 host county or the sponsoring municipality for such person to
153	153	13 own an interest in a horse racing facility licensee or an
154	154	14 operator, provided that any such determination, whether made
155	155	15 by the commission or the circuit court, is made pursuant to a
156	156	16 hearing of the commission or circuit court, as the case may
157	157	17 be, of which such person has notice and an opportunity to be
158	158	18 heard; or
159	159	19 "f. Any person who owns, directly or indirectly, or
160	160	20 holds five percent or more of
161	161	21 "1. The combined voting power of all classes of
162	162	22 stock entitled to vote or the total value of shares of all
163	163	23 classes of stock of a corporation, or
164	164	24 "2. The capital interest or the profits interest of
165	165	25 a partnership, or
166	166	26 "3. The beneficial interest of a trust, estate, or
167	167	27 other unincorporated entity,
168	168	Page 6 1 "if such corporation, partnership, trust, estate, or
169	169	2 unincorporated entity, as the case may be, is a person
170	170	3 described in any of the foregoing subparagraphs a through e,
171	171	4 inclusive; or
172	172	5 "g. The brother or sister, niece or nephew, spouse,
173	173	6 ancestor, lineal descendent, or any spouse or former spouse of
174	174	7 any person described in the foregoing subparagraphs a through
175	175	8 f, inclusive; or
176	176	9 "h. A corporation, partnership, trust, estate, or
177	177	10 other unincorporated entity of which (or in which) five
178	178	11 percent or more of
179	179	12 "1. The combined voting power of all classes of
180	180	13 stock entitled to vote or the total value of shares of all
181	181	14 classes of stock of such corporation, or
182	182	15 "2. The capital interest or profits interest of such
183	183	16 partnership, or
184	184	17 "3. The beneficial interest of such trust, estate or
185	185	18 other unincorporated entity is owned, directly or indirectly,
186	186	19 or held by one or more persons described in any of the
187	187	20 foregoing subparagraphs a through g, inclusive; or
188	188	21 "i. Any person who owns, directly or indirectly, or
189	189	22 holds five percent or more of
190	190	23 "1. The combined voting power of all classes of
191	191	24 stock entitled to vote or the total value of shares of all
192	192	25 classes of stock of any corporation that is described in any
193	193	26 of the foregoing subparagraphs a through h, inclusive, or
194	194	Page 7 1 "2. The capital interest or profits interest of any
195	195	2 partnership that is described in any of the foregoing
196	196	3 subparagraphs a through h, inclusive, or
197	197	4 "3. The beneficial interest of any trust, estate or
198	198	5 other unincorporated entity that is described in any of the
199	199	6 foregoing subparagraphs a through h, inclusive; or
200	200	7 "j. An officer or director (or an individual having
201	201	8 powers or responsibilities similar to those of officers or
202	202	9 directors), a general or managing partner, an individual
203	203	10 acting as executor, administrator or trustee, or a highly
204	204	11 compensated employee, professional advisor, or consultant (in
205	205	12 any case earning five percent or more of the aggregate yearly
206	206	13 wages or other compensation paid by an employer for
207	207	14 professional services), of any person described in any of the
208	208	15 foregoing subparagraphs a through i, inclusive; or
209	209	16 "k. Any person who owns, directly or indirectly, or
210	210	17 holds an interest of five percent or more of the capital or
211	211	18 profits in any partnership or joint venture of which any
212	212	19 person described in any of the foregoing subparagraphs a
213	213	20 through j, inclusive, also has an interest of five percent or
214	214	21 more of the capital or profits in such partnership or joint
215	215	22 venture.
216	216	23 "For purposes of subparagraphs f1, h1 and i1, the
217	217	24 ownership of stock, membership interests, and voting power or
218	218	25 rights shall be determined in accordance with the rules for
219	219	26 constructive ownership of stock under Section 267(c) of the
220	220	27 Internal Revenue Code of 1986, as amended from time to time
221	221	Page 8 1 and successor provisions thereof, except that, for purposes of
222	222	2 this paragraph, Section 267(c)(4) of the Internal Revenue Code
223	223	3 of 1986 shall be treated as providing that the members of the
224	224	4 family of an individual are the members listed in subparagraph
225	225	5 g.
226	226	6 "For purposes of subparagraphs f2 and f3, h2 and h3,
227	227	7 and i2 and i3, and k the ownership of profits or beneficial
228	228	8 interest shall be determined in accordance with the rules for
229	229	9 constructive ownership of stock provided in Section 267(c) of
230	230	10 the Internal Revenue Code of 1986, as amended from time to
231	231	11 time and successor provisions thereof (other than Section
232	232	12 267(c)(3)), except that Section 267(c)(4) shall be treated as
233	233	13 providing that the members of the family of an individual are
234	234	14 the members listed in subparagraph g.
235	235	15 "No person shall be deemed to be a disqualified
236	236	16 person hereunder unless he is given notice of the
237	237	17 determination that he is a disqualified person, together with
238	238	18 the reasons therefor, and, upon request filed within ten days
239	239	19 of such notice, is granted a hearing before the commission or
240	240	20 the circuit court making such determination, is permitted to
241	241	21 examine the evidence upon which such determination is based,
242	242	22 is permitted to cross-examine any witnesses relied upon in
243	243	23 such determination, and is permitted to testify in his own
244	244	24 behalf and to present witnesses and other evidence on his
245	245	25 behalf in public or closed session, as may be requested by
246	246	26 such person. Any determination by a commission shall be
247	247	Page 9 1 subject to appeal as provided in Section 11-65-12 on the
248	248	2 record of such hearing.
249	249	3 "(12) GREYHOUND RACING HANDLE. When used with
250	250	4 reference to any specified period of time, this term means the
251	251	5 total amount of all wagers received by a greyhound racing
252	252	6 operator for all pari-mutuel pools originated during such
253	253	7 period of time with respect to wagering on greyhound racing at
254	254	8 the location where such operator is licensed by the commission
255	255	9 to conduct greyhound racing (including wagering on greyhound
256	256	10 racing events televised to such licensed location from
257	257	11 elsewhere).
258	258	12 "(13) GREYHOUND RACING OPERATOR. Any corporation,
259	259	13 partnership, or other business entity licensed by a commission
260	260	14 to conduct greyhound racing and pari-mutuel wagering thereon
261	261	15 in accordance with the provisions of this chapter.
262	262	16 "(14) HORSE RACING FACILITY LICENSE. A license
263	263	17 issued by a commission to own or lease a horse racing
264	264	18 facility, or to have and enjoy the use thereof, which is
265	265	19 recognized by the commission as effective with respect to a
266	266	20 horse racing facility licensee, whether as the result of the
267	267	21 original issuance of such license to the licensee, the
268	268	22 assignment to the licensee of such license or all or part of
269	269	23 any interest therein, or any other legal arrangement providing
270	270	24 for the use and enjoyment of such license by the licensee.
271	271	25 "(15) HORSE RACING FACILITY LICENSEE. Any person
272	272	26 which, through direct issuance by a commission or other legal
273	273	27 arrangements accepted or sanctioned by the commission,
274	274	Page 10 1 possesses a horse racing facility license for its use and
275	275	2 benefit.
276	276	3 "(16) HORSE RACING HANDLE. When used with reference
277	277	4 to any specified period of time, this term means the total
278	278	5 amount of all wagers received by a horse racing operator for
279	279	6 all pari-mutuel pools originated during such period of time
280	280	7 with respect to wagering on horse racing at the location where
281	281	8 such operator is licensed by the commission to conduct horse
282	282	9 racing (including wagering on horse racing events televised to
283	283	10 such licensed location from elsewhere).
284	284	11 "(17) HORSE RACING OPERATOR. Any corporation,
285	285	12 partnership, or other business entity licensed by a commission
286	286	13 to conduct horse racing and pari-mutuel wagering thereon in
287	287	14 accordance with the provisions of this chapter.
288	288	15 "(18) HOST COUNTY. Any county in which a sponsoring
289	289	16 municipality is located. With respect to a sponsoring
290	290	17 municipality located in more than one county, this term means
291	291	18 the county in which a majority of the residents of the
292	292	19 sponsoring municipality reside, as determined by the most
293	293	20 recent federal decennial census.
294	294	21 "(19) HOST COUNTY HOUSE DELEGATION. With respect to
295	295	22 a host county, the members of the House of Representatives of
296	296	23 the Legislature of Alabama from those representative districts
297	297	24 in which all or a majority of the residents of such district
298	298	25 reside in the host county, as determined by the most recent
299	299	26 federal decennial census who are members of the host county
300	300	27 House legislative delegation.
301	301	Page 11 1 "(20) HOST COUNTY SENATE DELEGATION. With respect to
302	302	2 a host county, the members of the Senate of the Legislature of
303	303	3 Alabama from those senatorial districts in which all or a
304	304	4 majority of the residents of such district reside in the host
305	305	5 county, as determined by the most recent federal decennial
306	306	6 census who are members of the host county Senate legislative
307	307	7 delegation.
308	308	8 "(21) MEMBER. A member of a commission.
309	309	9 "(22) NET COMMISSION REVENUES. All fees (other than
310	310	10 breeding fund fees), commissions and other moneys received by
311	311	11 a commission and remaining after the payment of all expenses
312	312	12 incurred in the administration of this chapter. This term does
313	313	13 not include any state horse wagering fees or state dog racing
314	314	14 privilege taxes, which are required to be paid directly to the
315	315	15 state by the operator liable therefor.
316	316	16 "(23) OPERATOR. As may in the context be
317	317	17 appropriate, this term means a horse racing operator or a
318	318	18 greyhound racing operator.
319	319	19 "(24) PERSON. Any natural person, corporation,
320	320	20 partnership, joint venture, trust, government or governmental
321	321	21 body, political subdivision, or other legal entity as in the
322	322	22 context may be possible or appropriate.
323	323	23 "(25) RACING DAY. Whether used with reference to
324	324	24 horse racing or greyhound racing, this term means a period
325	325	25 which begins at 8:00 o'clock, A.M. on any calendar day
326	326	26 (including Saturdays) except any Sunday, Thanksgiving Day or
327	327	Page 12 1 Christmas Day and which continues until 2:00 o'clock, A.M. on
328	328	2 the next succeeding calendar day.
329	329	3 "(26) RACING FACILITY or RACETRACK FACILITY. When
330	330	4 used with respect to any facility located in the state, these
331	331	5 terms, and any similar thereto, mean a racetrack at which live
332	332	6 horse racing or greyhound racing can be conducted for direct
333	333	7 viewing by spectators, together with the viewing stands,
334	334	8 pari-mutuel wagering facilities, restaurants, and other
335	335	9 physical facilities and improvements that together constitute
336	336	10 such racing facility or racetrack facility. Under no
337	337	11 circumstances shall the terms racing facility or racetrack
338	338	12 facility, or any similar thereto, be construed to refer to any
339	339	13 public or private place of assembly or accommodation of any
340	340	14 kind (other than a racetrack facility where live horse racing
341	341	15 or greyhound racing can be conducted) where so-called
342	342	16 "off-track betting" could be conducted.
343	343	17 "(27) SPONSORING MUNICIPALITY. Any municipality for
344	344	18 which a commission shall be created in accordance with the
345	345	19 provisions of this chapter.
346	346	20 "(28) STALLION OWNER. The owner of a stallion
347	347	21 standing in the state at the time he was bred to the dam of an
348	348	22 Alabama-bred horse.
349	349	23 "(29) STATE. The State of Alabama.
350	350	24 "(30) STATE DOG RACING PRIVILEGE TAX. The privilege
351	351	25 tax levied by the state pursuant to Chapter 26A, Title 40, on
352	352	26 every person engaged in the business of operating a dog racing
353	353	27 track.
354	354	Page 13 1 "(31) STATE RACING COMMISSION. Any department,
355	355	2 agency, or instrumentality of the state, whether or not
356	356	3 constituting a corporate entity separate from the state, that
357	357	4 may at any time, whether before or after April 5, 1984, be
358	358	5 created, organized or established for the purpose, among other
359	359	6 purposes, of licensing, regulating or supervising horse racing
360	360	7 and pari-mutuel wagering thereon or greyhound racing and
361	361	8 pari-mutuel wagering thereon.
362	362	9 "(32) STATE HORSE WAGERING FEE. The license fee
363	363	10 payable to the state by a horse racing operator, the amount
364	364	11 and payment schedule of which are to be determined in
365	365	12 accordance with the provisions of Section 11-65-29 hereof.
366	366	13 "(b) The words "herein," "hereby," "hereunder,"
367	367	14 "hereof," and other equivalent words refer to this chapter as
368	368	15 an entirety and not solely to the particular section or
369	369	16 portion thereof in which any such word is used. The
370	370	17 definitions set forth herein shall be deemed applicable
371	371	18 whether the words defined are used in the singular or plural.
372	372	19 Whenever used herein any pronoun or pronouns shall be deemed
373	373	20 to include both singular and plural and to cover all genders.
374	374	21 "§11-65-5.
375	375	22 "(a) Every commission shall have five members, which
376	376	23 shall constitute its governing body. All powers of a
377	377	24 commission shall be exercised by its members or pursuant to
378	378	25 their authorization. The mayor or other chief executive
379	379	26 officer of the sponsoring municipality and the president or
380	380	27 other designated presiding officer of the county commission of
381	381	Page 14 1 the host county shall each serve as a member ex officio,
382	382	2 unless such official exercises his or her right, as provided
383	383	3 in subsection (b), to appoint a fixed-term member to serve in
384	384	4 lieu of such official. The service of each such official as a
385	385	5 member shall begin with the beginning of his or her tenure in
386	386	6 such office and shall end with the ending of such tenure or
387	387	7 the appointment by such official of a fixed-term member to
388	388	8 serve in lieu of his or her ex officio service. The other
389	389	9 three members shall be appointed in the manner hereinafter
390	390	10 prescribed as soon as may be practicable after the
391	391	11 certification to the Secretary of State of a favorable vote at
392	392	12 an election called and held pursuant to Section 11-65-4. The
393	393	13 Lieutenant Governor of the state, the host county house
394	394	14 delegation, and the host county senate delegation shall each
395	395	15 appoint one member; provided, however, that the provisions of
396	396	16 this chapter conferring upon the Lieutenant Governor of the
397	397	17 state the power to appoint one member of each commission are
398	398	18 hereby expressly declared to be severable from the other
399	399	19 provisions of this chapter, and if the provisions conferring
400	400	20 such power upon the Lieutenant Governor shall be determined by
401	401	21 any court of competent jurisdiction to be invalid because of
402	402	22 any defect in the notice required to be published with respect
403	403	23 to this chapter by Sections 106 and 110 of the Constitution of
404	404	24 Alabama, as amended, or to be invalid for any other reason,
405	405	25 such determination shall not affect, impair, or invalidate the
406	406	26 remaining provisions of this chapter, and in such case, the
407	407	27 mayor or other chief executive officer of the sponsoring
408	408	Page 15 1 municipality shall have the right to appoint the member of
409	409	2 each commission that, absent such determination, would have
410	410	3 been appointed by the Lieutenant Governor, all subject to the
411	411	4 same terms and conditions herein that would be applicable to
412	412	5 an appointment made by the Lieutenant Governor. The
413	413	6 appointments of members by the host county house delegation
414	414	7 and the host county senate delegation shall be made at
415	415	8 meetings of the members of the respective delegations held
416	416	9 pursuant to the call of the mayor or other chief executive
417	417	10 officer of the sponsoring municipality respective chair of the
418	418	11 host county House or Senate legislative delegation, as the
419	419	12 case may be, who shall provide the members of each the
420	420	13 respective host county legislative delegation with written
421	421	14 notice of any such meeting at least ten days prior to the date
422	422	15 set therefor. All meetings of the host county house delegation
423	423	16 or the host county senate delegation called and held pursuant
424	424	17 to this chapter shall be open to the public. Any appointment
425	425	18 of a member by the host county house delegation or the host
426	426	19 county senate delegation must be approved by a majority of the
427	427	20 members of such delegation voting in person at a public
428	428	21 meeting called and held pursuant to this chapter. Any meeting
429	429	22 of the host county house delegation or the host county senate
430	430	23 delegation at which fewer than a majority of the members of
431	431	24 such delegation are present, or at which no appointment of a
432	432	25 member is made because of a failure to obtain the approval of
433	433	26 a majority of the members of such delegation, may be adjourned
434	434	27 to a future time and place announced at such meeting; provided
435	435	Page 16 1 that, if either delegation fails to appoint a member within 30
436	436	2 days of the date of the first meeting called for the purpose
437	437	3 of such appointment, the right of such delegation to appoint a
438	438	4 member shall terminate and such appointment shall be made as
439	439	5 soon thereafter as practicable by the mayor or other chief
440	440	6 executive officer of the sponsoring municipality respective
441	441	7 chair of the host county House or Senate legislative
442	442	8 delegation, as the case may be.
443	443	9 "(b) The mayor or other chief executive officer of
444	444	10 the sponsoring municipality and the president or other
445	445	11 designated presiding officer of the county commission of the
446	446	12 host county shall each have the right, exercisable in his or
447	447	13 her discretion and at any time during his or her tenure as
448	448	14 such official, to appoint a member of the commission to serve
449	449	15 in lieu of such appointing official for a fixed term from the
450	450	16 effective date of such appointment until the end of the
451	451	17 current term of office of the appointing official. Any such
452	452	18 appointed member shall, during his or her term, exercise the
453	453	19 full rights and powers of a member of the commission that the
454	454	20 appointing official would have possessed if he or she had
455	455	21 chosen to serve as an ex officio member. Any such appointed
456	456	22 member shall also comply with the qualifications set forth in
457	457	23 subsection (f), except that the mayor or other chief executive
458	458	24 officer of the sponsoring municipality may, in his or her
459	459	25 discretion, appoint a member of the governing body of the
460	460	26 sponsoring municipality to serve as a fixed-term member of the
461	461	27 commission, and the president or other designated presiding
462	462	Page 17 1 officer of the county commission of the host county may, in
463	463	2 his or her discretion, appoint a member of the county
464	464	3 commission to serve as a fixed-term member of the commission.
465	465	4 "(c) The mayor or other chief executive officer of
466	466	5 the sponsoring municipality and the president or other
467	467	6 designated presiding officer of the county commission of the
468	468	7 host county shall have the right, exercisable in the
469	469	8 discretion of each such official and at any time and from time
470	470	9 to time during his or her tenure as such official, to appoint
471	471	10 a deputy member of the commission to represent such ex officio
472	472	11 member in connection with the business of the commission. In
473	473	12 the event that, pursuant to subsection (b), a member of the
474	474	13 governing body of the sponsoring municipality is appointed as
475	475	14 a fixed-term member of the commission or a member of the
476	476	15 county commission of the host county is appointed as a
477	477	16 fixed-term member of the commission, then each such appointed
478	478	17 member shall have the same right to appoint a deputy member as
479	479	18 would belong to the appointing official if he or she chose
480	480	19 service as an ex officio member. Any deputy member shall be
481	481	20 appointed by a letter signed by the appointing member and
482	482	21 filed with the executive secretary of the commission, which
483	483	22 letter shall specify the period of time for which such deputy
484	484	23 member shall be appointed or, if not for a period of time, the
485	485	24 particular meeting or other business for which he or she shall
486	486	25 be appointed. Any deputy member shall serve at the pleasure of
487	487	26 the appointing member, and his or her appointment may be
488	488	27 revoked at any time during the term of office of the
489	489	Page 18 1 appointing member by a letter signed by the appointing member
490	490	2 and filed with the executive secretary of the commission. The
491	491	3 appointment of any deputy member shall be automatically
492	492	4 revoked when the appointing member ceases to be a member of
493	493	5 the commission for any reason. Each member of the commission
494	494	6 entitled to appoint a deputy member may, during his or her
495	495	7 term of office, appoint and remove from office as many deputy
496	496	8 members as he or she may choose, provided that at any given
497	497	9 time such member may have no more than one validly appointed
498	498	10 deputy member. Any deputy member shall comply with the
499	499	11 qualifications set forth in subsection (f), except that the
500	500	12 mayor or other chief executive officer of the sponsoring
501	501	13 municipality or any fixed-term member appointed to serve in
502	502	14 lieu of such official, may, in his or her discretion, appoint
503	503	15 a member of the governing body of the sponsoring municipality
504	504	16 or a full-time officer or employee of such municipality to
505	505	17 serve as deputy member, and the president or other designated
506	506	18 presiding officer of the county commission of the host county
507	507	19 or any fixed-term member appointed to serve in lieu of such
508	508	20 official may, in his or her discretion, appoint a member of
509	509	21 the county commission of the host county or a full-time
510	510	22 officer or employee of such county to serve as deputy member.
511	511	23 Any deputy member validly appointed and serving in accordance
512	512	24 with the provisions of this section shall be entitled to
513	513	25 exercise all powers and perform all functions and duties of
514	514	26 the member who appointed such deputy member, including,
515	515	27 without limitation, the right to vote on all matters coming
516	516	Page 19 1 before the commission when such appointing member is not
517	517	2 present.
518	518	3 "(d) The member to be appointed by the Lieutenant
519	519	4 Governor of the state shall be appointed for a term beginning
520	520	5 immediately upon his appointment and ending at noon on July 1
521	521	6 in the third calendar year next following the calendar year in
522	522	7 which the election authorizing the incorporation of the
523	523	8 commission shall be conducted; the member to be appointed by
524	524	9 the host county house delegation shall be appointed for a term
525	525	10 beginning immediately upon his appointment and ending at noon
526	526	11 on July 1 in the fourth calendar year next following the
527	527	12 calendar year in which the election authorizing the
528	528	13 incorporation of the commission shall be conducted; the member
529	529	14 to be appointed by the host county senate delegation shall be
530	530	15 appointed for a term beginning immediately upon his
531	531	16 appointment and ending at noon on July 1 in the fifth calendar
532	532	17 year next following the calendar year in which the election
533	533	18 authorizing the incorporation of the commission shall be
534	534	19 conducted. Thereafter, the term of office of each appointed
535	535	20 member shall be five years, commencing at noon on the July 1
536	536	21 on which the term of the immediate predecessor member shall
537	537	22 end.
538	538	23 "(e) If at any time there shall be a vacancy among
539	539	24 the appointed members of a commission (i.e., those members who
540	540	25 do not serve ex officio), a successor member shall be
541	541	26 appointed to serve for the unexpired term applicable to such
542	542	27 vacancy; provided, however, that any official entitled ex
543	543	Page 20 1 officio (e.g., the mayor of the sponsoring municipality or the
544	544	2 president of the county commission of the host county) to a
545	545	3 vacant membership previously held by a member appointed in
546	546	4 lieu of such official may, instead of appointing a successor,
547	547	5 resume his or her ex officio membership by filing written
548	548	6 notice to that effect with the Secretary of State and the
549	549	7 executive secretary of the commission. The appointment of each
550	550	8 member appointed by the Lieutenant Governor, the host county
551	551	9 house delegation, or the host county senate delegation, as the
552	552	10 case may be (other than those initially appointed), whether
553	553	11 for a full five-year term or to complete an unexpired term,
554	554	12 shall be made by the officer or legislative delegation
555	555	13 responsible for the appointment of the member whose term shall
556	556	14 have expired or is to expire or in whose position a vacancy
557	557	15 otherwise exists and shall be made not earlier than 30 days
558	558	16 prior to the date on which such member is to take office as
559	559	17 such. If the term of any such member shall expire prior to the
560	560	18 reappointment of such member or prior to the appointment of
561	561	19 his successor, such member shall continue to serve until his
562	562	20 successor is appointed, and if such member is reappointed for
563	563	21 a new term after the expiration of the immediately preceding
564	564	22 term which he has been serving, his new term of office shall
565	565	23 be deemed to have commenced at noon on the July 1 on which the
566	566	24 immediately preceding term shall have expired. Any member
567	567	25 appointed pursuant to subsection (b) shall not serve beyond
568	568	26 the term for which appointed, and upon the expiration of such
569	569	27 term, the position previously held by such member shall
570	570	Page 21 1 immediately revert to the official entitled thereto by reason
571	571	2 of his or her office, and such official shall continue as ex
572	572	3 officio member of the commission until the expiration of his
573	573	4 or her current term of office, the vacation of such office
574	574	5 prior to the expiration thereof, or the appointment of someone
575	575	6 pursuant to said subsection (b) to serve as a member in lieu
576	576	7 of such official, as the case may be. Members appointed by any
577	577	8 appointing authority shall be eligible for reappointment
578	578	9 without limit as to the number of terms previously served. In
579	579	10 the event that any appointments required to be made by the
580	580	11 Lieutenant Governor, the host county house delegation, or the
581	581	12 host county senate delegation are not made within 60 days
582	582	13 after the certification to the Secretary of State of a
583	583	14 favorable vote at an election called and held pursuant to this
584	584	15 chapter (in the case of initial appointments), or within 30
585	585	16 days of the end of a term or other vacancy, then a vacancy
586	586	17 shall be filled or a successor member appointed by a majority
587	587	18 of the members of the commission holding appointments already
588	588	19 made or serving as ex officio members. Appointments shall be
589	589	20 evidenced by a written certificate executed by the appointing
590	590	21 official, or, in the case of appointments made by a majority
591	591	22 of the other members, by a certificate signed by the members
592	592	23 making such appointment, or, in the case of appointments made
593	593	24 by a legislative delegation, by the members of the delegation
594	594	25 voting for such appointment or by a member of the delegation
595	595	26 designated to serve as the secretary of the meeting at which
596	596	27 such appointment is made and to report the results thereof to
597	597	Page 22 1 the Secretary of State. The certificates evidencing the
598	598	2 appointment of members of a commission shall be addressed and
599	599	3 delivered to the Secretary of State, who shall maintain the
600	600	4 originals of such certificates as official records in his
601	601	5 office, and copies of such certificates shall be furnished to
602	602	6 the executive secretary of the commission.
603	603	7 "(f) Each appointed member of any commission shall
604	604	8 have been a resident of the host county for a period of at
605	605	9 least five years prior to his or her appointment and shall, at
606	606	10 the time of his or her appointment and at all times during his
607	607	11 or her term of office, be a resident of the host county and a
608	608	12 qualified elector of the state, and a failure by any appointed
609	609	13 member to remain so qualified during such term of office shall
610	610	14 cause a vacancy of the office of such member. Except as
611	611	15 otherwise provided in subsections (b) and (c), no person
612	612	16 serving as a member of the Legislature of the state, serving
613	613	17 as a member of the governing body of any municipality, county,
614	614	18 or other political subdivision of the state, or holding a
615	615	19 full-time office or position of employment with the United
616	616	20 States of America, the state, any county, or municipality in
617	617	21 the state, or any instrumentality, agency, or subdivision of
618	618	22 any of the foregoing, shall be eligible for appointment as a
619	619	23 member or deputy member of a commission. Service by any person
620	620	24 as a member, director, trustee, or other participant in the
621	621	25 management or administration of any governmental agency,
622	622	26 board, or commission, or public educational institution, or
623	623	27 other public body of the United States of America, the state,
624	624	Page 23 1 or any county or municipality or other political subdivision
625	625	2 shall not render such person ineligible for appointment as a
626	626	3 member of a commission unless such service constitutes
627	627	4 full-time employment. Each appointed member shall be of good
628	628	5 moral character and shall never have been convicted of a
629	629	6 felony or other offense involving moral turpitude. Each
630	630	7 appointed member of a commission shall make and submit to the
631	631	8 appointing officer or legislative delegation responsible for
632	632	9 his or her appointment an affidavit confirming his or her
633	633	10 qualifications, as set forth in the preceding provisions of
634	634	11 this subsection, to serve as a member of a commission, which
635	635	12 affidavit shall be filed with the Secretary of State along
636	636	13 with the aforesaid certificate evidencing such appointment.
637	637	14 Any appointed member of a commission who in such affidavit
638	638	15 intentionally makes a false statement of material fact or
639	639	16 intentionally fails to disclose any information necessary to
640	640	17 make any statement of material fact made therein not
641	641	18 misleading shall be guilty of perjury and shall be subject to
642	642	19 prosecution and punishment therefor in the same manner as if
643	643	20 he had committed perjury as a witness in open court.
644	644	21 "(g) Any person who is an appointed member of a
645	645	22 commission shall be deemed to vacate his or her office as such
646	646	23 member by (1) the acceptance of any office or employment
647	647	24 which, had such person held such office or been so employed at
648	648	25 the time of his or her appointment as a member, would have
649	649	26 rendered such person ineligible for appointment as a member or
650	650	27 (2) the occurrence of any event or circumstance involving the
651	651	Page 24 1 character of such person which, had such event or circumstance
652	652	2 occurred prior to the time of his or her appointment as a
653	653	3 member, would have precluded such appointment. Any appointed
654	654	4 member may be impeached and removed from office as a member of
655	655	5 a commission in the same manner and on the same grounds
656	656	6 provided in Section 175 of the Constitution of Alabama, or
657	657	7 successor provision thereof, and the general laws of the state
658	658	8 for impeachment and removal of the public officers subject to
659	659	9 said Section 175 or successor provision thereof. The mayor or
660	660	10 other chief executive officer of the sponsoring municipality
661	661	11 and the president or other designated presiding officer of the
662	662	12 county commission of the host county may not be impeached and
663	663	13 removed from office as a member of a commission apart from
664	664	14 their impeachment and removal from their respective offices by
665	665	15 virtue of which, ex officio, they serve as members."
666	666	16 Section 2. This act shall become effective
667	667	17 immediately following its passage and approval by the
668	668	18 Governor, or its otherwise becoming law.
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