Alabama 2024 Regular Session

Alabama Senate Bill SB298 Compare Versions

Only one version of the bill is available at this time.
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33 SB298
44 9IFSPPP-1
55 By Senator Singleton (N & P)
66 RFD: Local Legislation
77 First Read: 04-Apr-24
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1212 5 9IFSPPP-1 01/30/2024 CMH (L)bm 2024-24
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1414 First Read: 04-Apr-24
1515 A BILL
1616 TO BE ENTITLED
1717 AN ACT
1818 Relating to the Greene County Racing Commission; to
1919 amend Sections 45-32-150, 45-32-150.01, 45-32-150.02,
2020 45-32-150.06, 45-32-150.07, 45-32-150.08, 45-32-150.11,
2121 45-32-150.12, 45-32-150.13, 45-32-150.16, and 45-32-150.20,
2222 Code of Alabama 1975, to increase the annual compensation of
2323 members of the commission; to further provide for the duties
2424 of members of the commission; to delete certain restrictions
2525 on the number of racing days authorized; to increase the
2626 authorized license fee; to establish a residency requirement
2727 as a condition for licensure; to provide Legislative intent;
2828 to further provide for the levy of a local tax on pari-mutuel
2929 wagering; to further provide for the distribution of revenues;
3030 and to repeal Section 45-32-150.19, Code of Alabama 1975,
3131 relating to the manipulation of racing outcomes.
3232 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
3333 Section 1. Section 45-32-150, 45-32-150.01,
3434 45-32-150.02, 45-32-150.06, 45-32-150.07, 45-32-150.08,
3535 45-32-150.11, 45-32-150.12, 45-32-150.13, 45-32-150.16,
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6565 45-32-150.11, 45-32-150.12, 45-32-150.13, 45-32-150.16,
6666 45-32-150.20, Code of Alabama 1975, are amended to read as
6767 follows:
6868 "§45-32-150
6969 (a) The Greene County Racing Commission is hereby
7070 created and established and is vested with the powers and
7171 duties specified in this part, and all other powers necessary
7272 and proper to enable it to execute fully and effectually the
7373 purposes of this part. The official name of the commission
7474 shall be Greene County Racing Commission, the same being
7575 sometimes referred to herein as the racing commission or the
7676 commission.
7777 (b) The commission shall consist of three persons who
7878 shall be appointed by the Governor legislative delegation that
7979 represents Greene County in the House and the Senate for the
8080 State of Alabama . Each such member shall hold office for a
8181 term of eightthree years from the effective date of the
8282 appointment; provided, however, the term of office of the
8383 present three commissioners shall expire three years after
8484 their last appointment .
8585 (c) If a vacancy occurs for any reason, then that
8686 position shall be filled for the unexpired term and that
8787 commissioner shall be chosen in the same manner as other
8888 commissioners are appointed.
8989 (d) All books, records, maps, documents, and papers
9090 shall constitute public records, and shall be available for
9191 copying, examination, and inspection during all normal
9292 business hours by any agency, official, or personnel."
9393 "§45-32-150.01
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123123 "§45-32-150.01
124124 (a) The members of the commission shall be qualified
125125 electors of Greene County and not less than 21 years of age,
126126 who shall have resided in the State of Alabama for a period of
127127 five years next preceding their appointment. Each commissioner
128128 shall take the same constitutional oath of office as other
129129 county officers, and shall give bond payable to the county in
130130 the amount of five thousand dollars ($5,000), conditioned that
131131 he or she shall faithfully and properly perform the duties of
132132 his or her office. The premiums on such bonds shall be paid by
133133 the commission. The commission may employ such assistance and
134134 employees as may be necessary who shall be paid out of funds
135135 deposited in the county treasury to the credit of the racing
136136 commission.
137137 (b) A member of the racing commission may not be an
138138 official member of any board of directors, or person
139139 financially interested in any race track , pari-mutuel license,
140140 or race meeting licensed by the commission , nor shall he or
141141 she race dogs in any race meeting licensed by the commission ."
142142 "§45-32-150.02
143143 (a) The qualifications and manner of appointment of
144144 members of the Greene County Racing Commission shall be set by
145145 local law. The salary or other compensation of a member of the
146146 Greene County Racing Commission shall be set by the local
147147 legislative delegation that represents Greene County in the
148148 state Legislature. The compensation of each member of the
149149 commission shall be twenty-five thousand dollars ($25,000)
150150 annually. Each commissioner who attends a racing event or
151151 performs the duties required by this part, at the facility,
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181181 performs the duties required by this part, at the facility,
182182 shall receive an additional fifty dollars ($50) per day.
183183 (b) One member of the commission shall be in attendance
184184 or on call to cover each 24-hour pari-mutuel day required to be
185185 in attendance at each racing event .
186186 (c) Each member of the Greene County Racing Commission
187187 shall be paid at the same rate as any other employee of the
188188 Greene County Commission for attending any out-of-town meeting
189189 on official business of the Greene County Racing Commission.
190190 (d) The above compensation and other sums required to
191191 be paid under this section shall be paid out of the funds in
192192 the county treasury deposited to the credit of the Greene
193193 County Racing Commission and shall be paid to the
194194 commissioners in the same manner as the compensation of other
195195 county officers is paid."
196196 "§45-32-150.06
197197 Any person, association, or corporation desiring to
198198 operate a racetrack or pari-mutuel license in the county,
199199 shall have the right, subject to this part, to hold and
200200 conduct one or more racing meetings at the track each year ,
201201 provided that no such license shall be granted to any person,
202202 association, or corporation, or to any track, for a period
203203 including more than 313 racing days in any one year . The
204204 racing days shall include the charity days as provided in
205205 Section 45-32-150.21 for the racetrack."
206206 "§45-32-150.07
207207 No race or racing shall be permitted on Sunday. No
208208 person individual under 18 years of age shall may be employed
209209 in any manner about the race track or pari-mutuel license
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239239 in any manner about the race track or pari-mutuel license
240240 except as exercise boys and grooms; nor shall persons under 18
241241 years of age or be permitted to attend any race."
242242 "§45-32-150.08
243243 (a) On or before the first day of December of each
244244 year, anyAny person, association, or corporation possessing
245245 the qualifications prescribed in this part shall have the
246246 right to apply to the racing commission for a permit or
247247 license to conduct race meetings and racing under this part.
248248 (b)On or before the first day of January of each
249249 year,Within 30 days after the receipt of any such application
250250 under this section , the commission shall convene to consider
251251 and act upon all permits or licenses applied for which an
252252 application has been received .
253253 (c) Approved permits or licenses shall be granted for a
254254 period of not more than 10 years from the date of issuance and
255255 shall set forth, in addition to any other information
256256 prescribed by the commission, the name of the licensee, the
257257 location of the race track or pari-mutuel license , duration of
258258 the race meeting, and the kind of racing desired to be
259259 conducted and shall show the receipt by the commission of a
260260 license fee set by the commission , the setting of which is
261261 hereby authorized, provided, however, the license fee shall
262262 not exceed one thousand dollars ($1,000) annually .
263263 (d) The fee for the license shall be established by the
264264 commission. The annual license fee may not exceed twenty-five
265265 thousand dollars ($25,000) or, for multi-year contracts, not
266266 more than twenty-five thousand dollars ($25,000) for each year
267267 of the multi-year contract.
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297297 of the multi-year contract.
298298 (e) No such license issued under this section shall be
299299 transferable, nor shall it apply to any other place, track, or
300300 enclosure, except the one specified in this license with the
301301 approval of the commission .
302302 (1)(f)The commission shall not issue any licenses
303303 which would permit any two race tracks in the county to
304304 operate on the same racing days. Further, after the first
305305 license has been issued to the licensee, all subsequent
306306 applications for The commission may issue no more than two
307307 racetrack or pari-mutuel licenses and may permit the licensees
308308 to operate on the same days.
309309 (g) When applying to renew a license,by a permit
310310 holderthe application shall be accompanied by proof, in such a
311311 form as the commission may require, that the licensee still
312312 possesses the qualifications set out in this part. Such The
313313 application for renewal of licenses a license shall be granted
314314 upon the same terms and conditions as previously issued and
315315 shall not be denied except for due cause.
316316 (h) An application for a license to operate a racetrack
317317 or pari-mutuel pool shall only be granted if the applicant is
318318 one of the following:
319319 (1) A corporation, association, company, partnership,
320320 or other legal entity that has been incorporated, organized,
321321 or otherwise established in this state that currently holds a
322322 racetrack or pari-mutuel license immediately preceding the
323323 date on which the license is issued.
324324 (2) A corporation, association, company, partnership,
325325 or other legal entity that has been incorporated, organized,
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355355 or other legal entity that has been incorporated, organized,
356356 or otherwise established in this state for at least five years
357357 or whose managing member or majority officer has been a
358358 resident of this state for at least five years immediately
359359 preceding the date on which the license is issued.
360360 (3) An individual who has been a resident of this state
361361 for at least five years immediately preceding the date on
362362 which the license is issued.
363363 (2)(i)Seventy-fiveTo the best of a licensee's ability,
364364 75 percent of the employees of the track or tracks shall be
365365 bona fide resident citizens of Greene County, Alabama."
366366 "§45-32-150.11
367367 The commission shall have the power to grant, refuse,
368368 suspend, or withdraw licenses to all persons connected with
369369 race tracks, including gate keepers, announcers, ushers,
370370 starters, officials, drivers, dog owners, agents, trainers,
371371 grooms, stable foremen, exercise boys, veterinarians, valets,
372372 sellers of racing forms or bulletins, and attendants in
373373 connection with the wagering machines, pursuant to such the
374374 rules and regulations as adopted by the commission may adopt
375375 and upon the payment of a license fee as fixed and determined
376376 by the commission in accordance with the position and
377377 compensation of such person. Any license may be revoked by the
378378 commission, at its discretion, and any person whose license is
379379 revoked shall be ineligible to participate in such occupation
380380 connected with racing unless the license is returned by the
381381 commission with permission to operate thereunder. The
382382 commission may deny or revoke a license to any person who has
383383 been refused or denied a license by any other state racing
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413413 been refused or denied a license by any other state racing
414414 commission or racing authority."
415415 "§45-32-150.12
416416 (a) The commission shall make rules governing,
417417 permitting, and regulating the wagering on dog races under the
418418 form of mutuel wagering by patrons known as pari-mutuel
419419 wagering, which method shall be legal to the extent that and
420420 so long as, the same is carried on and conducted strictly in
421421 conformity with this part, and not otherwise. Only the
422422 persons, associations, or corporations receiving a license
423423 from the commission shall have the right or privilege to
424424 conduct this type of wagering and the licenses shall restrict
425425 and confine this form of wagering to a space within the race
426426 meeting grounds. All other forms of wagering on the result of
427427 dog races shall continue to be illegal, and any or all
428428 wagering outside of the enclosure of such races, where such
429429 races shall have been licensed by the commission shall be
430430 illegal.
431431 (b) No person or corporation shall directly or
432432 indirectly purchase pari-mutuel tickets or participate in the
433433 purchase of any part of a pari-mutuel pool for another for
434434 hire or for any gratuity and no person shall purchase any part
435435 of a pari-mutuel pool through another, wherein he or she gives
436436 or pays directly or indirectly such other person anything of
437437 value. Any person violating this section shall be deemed
438438 guilty of a misdemeanor, and, upon conviction in a court of
439439 competent jurisdiction, shall be punished by a fine of not
440440 more than five hundred dollars ($500), or by imprisonment not
441441 to exceed six months, or both fine and imprisonment in the
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471471 to exceed six months, or both fine and imprisonment in the
472472 discretion of the court.
473473 (c) In addition to other rules and regulations that may
474474 be promulgatedadopted by the racing commission, the following
475475 shall be complied with by the licensee or operator of the race
476476 plant and employees thereof .:
477477 (1) A duly licensed veterinarian shall be on the
478478 grounds at weighing time and make examination of the physical
479479 condition of each greyhound, and any dog not considered to be
480480 in good physical condition, shall be reported to the presiding
481481 official.
482482 (2)(1) An adequate security force shall be employed as
483483 prescribed by the racing commission. Members of security force
484484 shall have the same powers as other law enforcement officers
485485 of the county while performing their duties on the premises of
486486 the racetrack.
487487 (3)(2) Public liability insurance shall be carried by
488488 the licensee or operator in an amount and with a company
489489 approved by the racing commission.
490490 (4)(3) A pari-mutuel ticket shall not be sold to an
491491 individual who is visibly inebriated.
492492 (5) The racing operator is authorized to open the
493493 Greene County Racetrack for business and to conduct live
494494 greyhound racing and or televised horse or greyhound racing
495495 and pari-mutuel wagering during the hours as it deems
496496 desirable, however in no event shall the racing commission be
497497 authorized to allow live greyhound racing or televised horse
498498 or greyhound racing, or both, and pari-mutuel wagering thereon
499499 to be conducted after 2:00 AM on Sunday; provided that the
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529529 to be conducted after 2:00 AM on Sunday; provided that the
530530 racing operator shall not conduct any live racing event at the
531531 Greene County Racetrack before 10:00 AM, nor shall it present
532532 any televised racing event before 8:00 AM with the hour to be
533533 determined according to the time then applicable in Alabama.
534534 If the racing operator keeps the Greene County Racetrack open
535535 for business until midnight on any day, whether conducting
536536 pari-mutuel wagering on live racing or televised racing, or
537537 both, the racing operator may continue all or any of its
538538 operations past midnight for not exceeding the first two hours
539539 of the following day, even if the following day is not a day
540540 on which the Greene County Racetrack is scheduled to be open
541541 for business as a racing day permitted under this part, and
542542 the time, not exceeding two hours, for which the operations of
543543 the racetrack are continued into the following day shall not
544544 be counted as a racing day or any part thereof against the
545545 limit of racing days permitted the racing operator in any one
546546 year. A pari-mutuel ticket shall not be sold to an individual
547547 who is visibly inebriated.
548548 (6)(4) Notwithstanding the provisions of this part and
549549 any rules and regulations of the racing commission now in
550550 effect, there shall be no limit imposed upon the number of
551551 races which may be conducted within a single racing program."
552552 "§45-32-150.13
553553 (a) Every licensee conducting race meetings under this
554554 part, shall pay to the ex-officio treasurer of the racing
555555 commission, for the use of the commission, a tax in an amount
556556 equal to four percent of the total contributions to all
557557 simulcast pari-mutuel pools conducted or made on any race
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587587 simulcast pari-mutuel pools conducted or made on any race
588588 track or pari-mutuel licensee licensed under this part. The
589589 commission of a licensee on a pari-mutuel pool shall in no
590590 event exceed 18 percent of the amount contributed to the
591591 pari-mutuel pool, which amount shall include the four percent
592592 tax heretofore provided. After the deduction of the four
593593 percent for the use of the commission and the percentage
594594 commission of the licensee, the remainder of the total
595595 contributions to each pool shall be divided among and
596596 redistributed to the contributors to such pools betting on the
597597 winning dog. The amount of each redistribution for each
598598 winning bet placed shall be determined by dividing the total
599599 amount remaining in the pool after the deductions hereinabove
600600 provided for by the number of bets placed on the winning dog.
601601 Each redistribution shall be made in a sum equal to the next
602602 lowest multiple of 10. The licensee is entitled to retain the
603603 odd cents of all redistributions to be known as the breaks to
604604 the dime, and all monies represented by any unclaimed,
605605 uncashed, or abandoned pari-mutuel tickets known as outs
606606 money. Under the pari-mutuel system of wagering herein
607607 provided, the licensee shall be permitted to provide separate
608608 pools for bets to win, place, and show and also a daily double
609609 pool, a quiniela pool, double quiniela pool, trifecta pool,
610610 and such other bets and pools as the commission may from time
611611 to time allow. Each pool shall be redistributed separately as
612612 herein provided. Should there be no ticket bet on the winning
613613 dog, the entire pool shall be divided among the holders of
614614 tickets on the dog running next in line until the pool has
615615 been redistributed to the contributors. The licensee shall be
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645645 been redistributed to the contributors. The licensee shall be
646646 required to use a totalizator machine to record the wagering
647647 and compute the odds. Rules and regulations governing the
648648 operation of each of the pools shall be set out in book form
649649 by the racing commission. The licensee shall collect from each
650650 person attending the race meeting under this part 15 percent
651651 of the established admissions price or ten cents ($.10),
652652 whichever sum is greater, as an admission tax. Licensees shall
653653 make payment of such taxes to the ex-officio treasurer of the
654654 racing commission every tenth calendar day of any and every
655655 race meeting, which payment shall be accompanied by a report
656656 on the races covered by such report and such other information
657657 as the commission may require. Every license issued by the
658658 commission shall contain the terms, conditions, provisions,
659659 percentage commissions of licensee, and tax as set forth in
660660 this section, which such terms, conditions, provisions,
661661 percentage commission of licensee, and tax shall not be
662662 altered or changed during the term of such license without the
663663 mutual consent of the commission and licensee.
664664 (b) Every licensee conducting historical horse racing
665665 under this part shall pay to the ex-officio treasurer of the
666666 racing commission, for the use of the commission, a tax in an
667667 amount equal to four percent of the total contributions less
668668 prizes paid to winners from all historical horse racing
669669 pari-mutuel pools conducted or made on any racetrack or
670670 pari-mutuel licensee under this part. The tax may be adjusted
671671 as determined necessary by the commission but shall not exceed
672672 four percent."
673673 "§45-32-150.16
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703703 "§45-32-150.16
704704 All fees, commissions, taxes, and other monies,
705705 including fines and forfeitures, received under this part
706706 shall be paid to the Treasurer of Greene County and deposited
707707 by the treasurer in the county treasury to the account of the
708708 Greene County Racing Commission. All such monies remaining,
709709 after payment of expenses incurred in the administration of
710710 this part, including the payment of the salaries and expenses
711711 of the members and employees of this commission, shall be
712712 distributed on a quarterly basis as follows:
713713 (1) There shall be distributed to the Greene County
714714 Commission an amount not to exceed two hundred thousand
715715 dollars ($200,000) per year:
716716 a. To pay principal of and interest on bonds, warrants ,
717717 or other securities at any time thereafter issued by the
718718 Greene County Commission for the purpose of providing and
719719 equipping the existing jail facility; or constructing new jail
720720 facilities and renovating, improving, and equipping existing
721721 jail facilities.
722722 b. To enable the county to make lease rental payments
723723 to any public corporation in an amount sufficient to retire
724724 bonds or other securities issued by such public corporation
725725 for the purpose of providing funds to pay cost of acquiring,
726726 providing, construction, and equipping a new jail facility;
727727 renovating, improving, and equipping the existing jail
728728 facility; or constructing new jail facilities and renovating
729729 existing jail facilities, or any combination thereof.
730730 c. To pay principal of and any interest on bonds,
731731 warrants, or other securities at any time hereafter issued by
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761761 warrants, or other securities at any time hereafter issued by
762762 the Greene County Commission for the purpose of providing
763763 funds to pay costs of acquiring, providing, constructing, and
764764 equipping a new county courthouse; renovating, improving, and
765765 equipping the existing county courthouse.
766766 d. To enable the county to make lease rental payments
767767 to any public corporation in an amount sufficient to retire
768768 bonds or other securities issued by such public corporation
769769 for the purpose of providing funds to pay costs of acquiring,
770770 providing, construction, and equipping a new county
771771 courthouse; renovating, improving, and equipping the existing
772772 county courthouse; or acquiring, providing, constructing, and
773773 equipping a new county courthouse and renovating, improving,
774774 and equipping the existing county courthouse or any
775775 combination thereof. At such time as the principal and
776776 interest bonds, warrants, or other securities heretofore
777777 mentioned are satisfied, then the sum shall be prorated
778778 equally as provided in the following subdivisions (2), (3),
779779 (4), and (5).
780780 The balance is to be distributed as follows:
781781 (2) Twenty-five percent of the monies shall be
782782 appropriated to the municipalities of Greene County on a per
783783 capita basis according to the most recent population figures
784784 used by the federal government for the purpose of revenue
785785 sharing, or if these figures are not available, the most
786786 recent federal decennial census shall be used.
787787 (3) Five percent to the Greene County Hospital Board.
788788 (4) Thirty percent of the monies shall be appropriated
789789 to the Greene County Board of Education.
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819819 to the Greene County Board of Education.
820820 (5) Forty percent of the monies shall be appropriated
821821 to the General Fund of Greene County to be allocated and spent
822822 in the following prescribed manner:
823823 a. Fifty-five and one-half Forty percent of this amount
824824 shall remain unearmarked and may be spent in any manner,
825825 provided by law, for the benefit of the citizens of Greene
826826 County, by the county governing body thereof.
827827 b. Ten percent to be used by the county governing body
828828 to upgrade law enforcement in the county.
829829 c. Eight and one-half percent to be used by the county
830830 governing body for the benefit of the fire department.
831831 c.d. Eight percent for the maintenance of a county
832832 ambulance service.
833833 d.e.TwoSix percent for the establishment and
834834 maintenance of day care centers within the county.
835835 e.f. Three and one-half percent to be appropriated to
836836 the Greene County Library Association for the upgrading of the
837837 library system.
838838 f.g. One percent to be appropriated to the Community
839839 Services Programs of Tuscaloosa-Bibb Counties, Incorporated,
840840 to be used for assistance to low income residents of Greene
841841 County.
842842 g.h. Two percent to be appropriated to West Alabama
843843 Mental Health Center, Incorporated , to be used for mental
844844 health services within Greene County.
845845 h.i. One percent to be appropriated to the Greene
846846 County Retired Senior Volunteer Program (RSVP).
847847 i.j. Two and one-half percent to be appropriated to the
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877877 i.j. Two and one-half percent to be appropriated to the
878878 Society of Folk Arts and Culture, Incorporated, for culture
879879 and youth development.
880880 j.k. One percent to be appropriated to the Greene
881881 County Commission to be used as follows:
882882 1. One-third of the one percent thereof to be used by
883883 the county commission in cultural and historical preservation.
884884 2. One-third of the one percent thereof to the Greene
885885 County Historical Society for their use in restoring and
886886 preserving historic sites and buildings in the county.
887887 3. One-third of the one percent thereof to the Alabama
888888 Civil Rights Educational Freedom Museum, Incorporated.
889889 k.l. Two percent to the Greene County Health Department
890890 to be used for general health care in Greene County and to
891891 augment the Women, Infants and Children (WIC) and related
892892 health programs in Greene County.
893893 l.m. Three percent to be appropriated to the Parks and
894894 Recreation Board. No more than 15 percent of the three percent
895895 thereof shall be used for maintenance and development of the
896896 Greene County Golf Course.
897897 m.n. Four and one-half percent to Greene County
898898 Community Improvement Association for the construction,
899899 renovation, and operation of community centers in Tishabee,
900900 Clinton, Dollarhide, Knoxville, Mantua, and Mt. Hebron. When
901901 the foregoing facilities have been constructed and renovated
902902 in these communities, then the funds shall be designated for
903903 the general use and operations of the Greene County Community
904904 Improvement Association for the construction of additional
905905 community centers and the operation of community centers in
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935935 community centers and the operation of community centers in
936936 Greene County.
937937 n.o. One and three-quarters percent to be appropriated
938938 to Branch Heights.
939939 o.p. Three-quarters percent to be appropriated to the
940940 county department of human resources.
941941 p.q. One and one-half percent to be appropriated to the
942942 E-911 system.
943943 r. Two percent to the local legislative delegation. "
944944 "§45-32-150.20
945945 (a) It shall be unlawful for any person to transmit or
946946 communicate to another by any means whatsoever the results,
947947 changing odds, track conditions, or any other information
948948 relating to any greyhound race from any race track in this
949949 county, between the period of time beginning one hour prior to
950950 the first race of the day and ending 30 minutes after the
951951 posting of the official results of each race, as to that
952952 particular race, except that this period may be reduced to
953953 permit the transmitting of the results of the last race each
954954 day not sooner than 15 minutes after the official posting of
955955 such results. Provided, however, that the commission may, by
956956 rule, permit the immediate transmission by radio, television,
957957 or press wire of any pertinent information concerning feature
958958 races.
959959 (b)(a) It shall be unlawful for any person to transmit
960960 by any means whatsoever racing information to any other
961961 person, or to relay the same to any other person by word of
962962 mouth, by signal, or by use of telephone, telegraph, radio, or
963963 any other means, when the information is knowingly used or
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993993 any other means, when the information is knowingly used or
994994 intended to be used for illegal gambling purposes, or in
995995 furtherance of such gambling purposes.
996996 (c)(b) Any person violating this section shall be
997997 guilty of a felony and, upon conviction, shall be imprisoned
998998 in the state penitentiary for not less than one year nor more
999999 than 10 years, or shall be fined not less than one thousand
10001000 dollars ($1,000) nor more than five thousand dollars ($5,000),
10011001 or both, in the discretion of the court."
10021002 Section 2. (a) The Legislature hereby finds and
10031003 declares that a computerized machine, which replays actual
10041004 historical horse races and allows pari-mutuel wagering
10051005 thereon, is already a permissible lawful activity at each of
10061006 the four pari-mutuel wagering racetracks in the State of
10071007 Alabama. The Legislature hereby further finds and declares
10081008 that a uniform local tax on the handle from pari-mutuel
10091009 wagering on these historical horse racing computerized
10101010 machines is necessary for the licensed racetrack and
10111011 pari-mutuel licenses located in Greene County so that such
10121012 racetrack and pari-mutuel licenses can be competitive with the
10131013 other racetracks and pari-mutuel licenses located in the State
10141014 of Alabama.
10151015 (b) For purposes of this act, pari-mutuel wagering on
10161016 historical horse racing computerized machines may be conducted
10171017 without regard to any of the following: (i) The type of
10181018 graphics on the machine used to conduct the activity; whether
10191019 the patron chooses a specific horse upon which to wager; and
10201020 (iii) whether the patron watches all or part of the historical
10211021 race.
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10511051 race.
10521052 (c) The local tax on pari-mutuel wagering on historical
10531053 horse races on these computerized machines at the Greene
10541054 County racetrack and other pari-mutuel licenses shall be
10551055 calculated at a rate up to four percent and the state tax rate
10561056 shall be levied at one percent and shall be collected,
10571057 administered, and distributed in the same manner and on the
10581058 same terms as are applicable to the local pari-mutuel tax on
10591059 live greyhound racing conducted at the Greene County racetrack
10601060 and pari-mutuel licenses, provided that the total handle less
10611061 prizes paid to winners from pari-mutuel wagering of historical
10621062 horse races on these computerized machines shall be separately
10631063 calculated from any other racing handle, live or simulcast,
10641064 and provided further, that the local tax shall be in lieu of
10651065 any local tax on pari-mutuel wagering on historical horse
10661066 races on these computerized machines that may otherwise be
10671067 imposed under Section 45-32-151.02, Code of Alabama 1975.
10681068 Section 3. Section 45-32-150.19, Code of Alabama 1975,
10691069 relating to the manipulation of race outcomes, is repealed.
10701070 Section 4. This act shall become effective immediately
10711071 upon its passage and approval by the Governor, or its
10721072 otherwise becoming law.
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