SB298INTRODUCED
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SB298
9IFSPPP-1
By Senator Singleton (N & P)
RFD: Local Legislation
First Read: 04-Apr-24
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5 9IFSPPP-1 01/30/2024 CMH (L)bm 2024-24
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First Read: 04-Apr-24
A BILL
TO BE ENTITLED
AN ACT
Relating to the Greene County Racing Commission; to
amend Sections 45-32-150, 45-32-150.01, 45-32-150.02,
45-32-150.06, 45-32-150.07, 45-32-150.08, 45-32-150.11,
45-32-150.12, 45-32-150.13, 45-32-150.16, and 45-32-150.20,
Code of Alabama 1975, to increase the annual compensation of
members of the commission; to further provide for the duties
of members of the commission; to delete certain restrictions
on the number of racing days authorized; to increase the
authorized license fee; to establish a residency requirement
as a condition for licensure; to provide Legislative intent;
to further provide for the levy of a local tax on pari-mutuel
wagering; to further provide for the distribution of revenues;
and to repeal Section 45-32-150.19, Code of Alabama 1975,
relating to the manipulation of racing outcomes.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 45-32-150, 45-32-150.01,
45-32-150.02, 45-32-150.06, 45-32-150.07, 45-32-150.08,
45-32-150.11, 45-32-150.12, 45-32-150.13, 45-32-150.16,
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45-32-150.11, 45-32-150.12, 45-32-150.13, 45-32-150.16,
45-32-150.20, Code of Alabama 1975, are amended to read as
follows:
"§45-32-150
(a) The Greene County Racing Commission is hereby
created and established and is vested with the powers and
duties specified in this part, and all other powers necessary
and proper to enable it to execute fully and effectually the
purposes of this part. The official name of the commission
shall be Greene County Racing Commission, the same being
sometimes referred to herein as the racing commission or the
commission.
(b) The commission shall consist of three persons who
shall be appointed by the Governor legislative delegation that
represents Greene County in the House and the Senate for the
State of Alabama . Each such member shall hold office for a
term of eightthree years from the effective date of the
appointment; provided, however, the term of office of the
present three commissioners shall expire three years after
their last appointment .
(c) If a vacancy occurs for any reason, then that
position shall be filled for the unexpired term and that
commissioner shall be chosen in the same manner as other
commissioners are appointed.
(d) All books, records, maps, documents, and papers
shall constitute public records, and shall be available for
copying, examination, and inspection during all normal
business hours by any agency, official, or personnel."
"§45-32-150.01
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"§45-32-150.01
(a) The members of the commission shall be qualified
electors of Greene County and not less than 21 years of age,
who shall have resided in the State of Alabama for a period of
five years next preceding their appointment. Each commissioner
shall take the same constitutional oath of office as other
county officers, and shall give bond payable to the county in
the amount of five thousand dollars ($5,000), conditioned that
he or she shall faithfully and properly perform the duties of
his or her office. The premiums on such bonds shall be paid by
the commission. The commission may employ such assistance and
employees as may be necessary who shall be paid out of funds
deposited in the county treasury to the credit of the racing
commission.
(b) A member of the racing commission may not be an
official member of any board of directors, or person
financially interested in any race track , pari-mutuel license,
or race meeting licensed by the commission , nor shall he or
she race dogs in any race meeting licensed by the commission ."
"§45-32-150.02
(a) The qualifications and manner of appointment of
members of the Greene County Racing Commission shall be set by
local law. The salary or other compensation of a member of the
Greene County Racing Commission shall be set by the local
legislative delegation that represents Greene County in the
state Legislature. The compensation of each member of the
commission shall be twenty-five thousand dollars ($25,000)
annually. Each commissioner who attends a racing event or
performs the duties required by this part, at the facility,
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performs the duties required by this part, at the facility,
shall receive an additional fifty dollars ($50) per day.
(b) One member of the commission shall be in attendance
or on call to cover each 24-hour pari-mutuel day required to be
in attendance at each racing event .
(c) Each member of the Greene County Racing Commission
shall be paid at the same rate as any other employee of the
Greene County Commission for attending any out-of-town meeting
on official business of the Greene County Racing Commission.
(d) The above compensation and other sums required to
be paid under this section shall be paid out of the funds in
the county treasury deposited to the credit of the Greene
County Racing Commission and shall be paid to the
commissioners in the same manner as the compensation of other
county officers is paid."
"§45-32-150.06
Any person, association, or corporation desiring to
operate a racetrack or pari-mutuel license in the county,
shall have the right, subject to this part, to hold and
conduct one or more racing meetings at the track each year ,
provided that no such license shall be granted to any person,
association, or corporation, or to any track, for a period
including more than 313 racing days in any one year . The
racing days shall include the charity days as provided in
Section 45-32-150.21 for the racetrack."
"§45-32-150.07
No race or racing shall be permitted on Sunday. No
person individual under 18 years of age shall may be employed
in any manner about the race track or pari-mutuel license
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in any manner about the race track or pari-mutuel license
except as exercise boys and grooms; nor shall persons under 18
years of age or be permitted to attend any race."
"§45-32-150.08
(a) On or before the first day of December of each
year, anyAny person, association, or corporation possessing
the qualifications prescribed in this part shall have the
right to apply to the racing commission for a permit or
license to conduct race meetings and racing under this part.
(b)On or before the first day of January of each
year,Within 30 days after the receipt of any such application
under this section , the commission shall convene to consider
and act upon all permits or licenses applied for which an
application has been received .
(c) Approved permits or licenses shall be granted for a
period of not more than 10 years from the date of issuance and
shall set forth, in addition to any other information
prescribed by the commission, the name of the licensee, the
location of the race track or pari-mutuel license , duration of
the race meeting, and the kind of racing desired to be
conducted and shall show the receipt by the commission of a
license fee set by the commission , the setting of which is
hereby authorized, provided, however, the license fee shall
not exceed one thousand dollars ($1,000) annually .
(d) The fee for the license shall be established by the
commission. The annual license fee may not exceed twenty-five
thousand dollars ($25,000) or, for multi-year contracts, not
more than twenty-five thousand dollars ($25,000) for each year
of the multi-year contract.
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of the multi-year contract.
(e) No such license issued under this section shall be
transferable, nor shall it apply to any other place, track, or
enclosure, except the one specified in this license with the
approval of the commission .
(1)(f)The commission shall not issue any licenses
which would permit any two race tracks in the county to
operate on the same racing days. Further, after the first
license has been issued to the licensee, all subsequent
applications for The commission may issue no more than two
racetrack or pari-mutuel licenses and may permit the licensees
to operate on the same days.
(g) When applying to renew a license,by a permit
holderthe application shall be accompanied by proof, in such a
form as the commission may require, that the licensee still
possesses the qualifications set out in this part. Such The
application for renewal of licenses a license shall be granted
upon the same terms and conditions as previously issued and
shall not be denied except for due cause.
(h) An application for a license to operate a racetrack
or pari-mutuel pool shall only be granted if the applicant is
one of the following:
(1) A corporation, association, company, partnership,
or other legal entity that has been incorporated, organized,
or otherwise established in this state that currently holds a
racetrack or pari-mutuel license immediately preceding the
date on which the license is issued.
(2) A corporation, association, company, partnership,
or other legal entity that has been incorporated, organized,
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or other legal entity that has been incorporated, organized,
or otherwise established in this state for at least five years
or whose managing member or majority officer has been a
resident of this state for at least five years immediately
preceding the date on which the license is issued.
(3) An individual who has been a resident of this state
for at least five years immediately preceding the date on
which the license is issued.
(2)(i)Seventy-fiveTo the best of a licensee's ability,
75 percent of the employees of the track or tracks shall be
bona fide resident citizens of Greene County, Alabama."
"§45-32-150.11
The commission shall have the power to grant, refuse,
suspend, or withdraw licenses to all persons connected with
race tracks, including gate keepers, announcers, ushers,
starters, officials, drivers, dog owners, agents, trainers,
grooms, stable foremen, exercise boys, veterinarians, valets,
sellers of racing forms or bulletins, and attendants in
connection with the wagering machines, pursuant to such the
rules and regulations as adopted by the commission may adopt
and upon the payment of a license fee as fixed and determined
by the commission in accordance with the position and
compensation of such person. Any license may be revoked by the
commission, at its discretion, and any person whose license is
revoked shall be ineligible to participate in such occupation
connected with racing unless the license is returned by the
commission with permission to operate thereunder. The
commission may deny or revoke a license to any person who has
been refused or denied a license by any other state racing
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been refused or denied a license by any other state racing
commission or racing authority."
"§45-32-150.12
(a) The commission shall make rules governing,
permitting, and regulating the wagering on dog races under the
form of mutuel wagering by patrons known as pari-mutuel
wagering, which method shall be legal to the extent that and
so long as, the same is carried on and conducted strictly in
conformity with this part, and not otherwise. Only the
persons, associations, or corporations receiving a license
from the commission shall have the right or privilege to
conduct this type of wagering and the licenses shall restrict
and confine this form of wagering to a space within the race
meeting grounds. All other forms of wagering on the result of
dog races shall continue to be illegal, and any or all
wagering outside of the enclosure of such races, where such
races shall have been licensed by the commission shall be
illegal.
(b) No person or corporation shall directly or
indirectly purchase pari-mutuel tickets or participate in the
purchase of any part of a pari-mutuel pool for another for
hire or for any gratuity and no person shall purchase any part
of a pari-mutuel pool through another, wherein he or she gives
or pays directly or indirectly such other person anything of
value. Any person violating this section shall be deemed
guilty of a misdemeanor, and, upon conviction in a court of
competent jurisdiction, shall be punished by a fine of not
more than five hundred dollars ($500), or by imprisonment not
to exceed six months, or both fine and imprisonment in the
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to exceed six months, or both fine and imprisonment in the
discretion of the court.
(c) In addition to other rules and regulations that may
be promulgatedadopted by the racing commission, the following
shall be complied with by the licensee or operator of the race
plant and employees thereof .:
(1) A duly licensed veterinarian shall be on the
grounds at weighing time and make examination of the physical
condition of each greyhound, and any dog not considered to be
in good physical condition, shall be reported to the presiding
official.
(2)(1) An adequate security force shall be employed as
prescribed by the racing commission. Members of security force
shall have the same powers as other law enforcement officers
of the county while performing their duties on the premises of
the racetrack.
(3)(2) Public liability insurance shall be carried by
the licensee or operator in an amount and with a company
approved by the racing commission.
(4)(3) A pari-mutuel ticket shall not be sold to an
individual who is visibly inebriated.
(5) The racing operator is authorized to open the
Greene County Racetrack for business and to conduct live
greyhound racing and or televised horse or greyhound racing
and pari-mutuel wagering during the hours as it deems
desirable, however in no event shall the racing commission be
authorized to allow live greyhound racing or televised horse
or greyhound racing, or both, and pari-mutuel wagering thereon
to be conducted after 2:00 AM on Sunday; provided that the
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to be conducted after 2:00 AM on Sunday; provided that the
racing operator shall not conduct any live racing event at the
Greene County Racetrack before 10:00 AM, nor shall it present
any televised racing event before 8:00 AM with the hour to be
determined according to the time then applicable in Alabama.
If the racing operator keeps the Greene County Racetrack open
for business until midnight on any day, whether conducting
pari-mutuel wagering on live racing or televised racing, or
both, the racing operator may continue all or any of its
operations past midnight for not exceeding the first two hours
of the following day, even if the following day is not a day
on which the Greene County Racetrack is scheduled to be open
for business as a racing day permitted under this part, and
the time, not exceeding two hours, for which the operations of
the racetrack are continued into the following day shall not
be counted as a racing day or any part thereof against the
limit of racing days permitted the racing operator in any one
year. A pari-mutuel ticket shall not be sold to an individual
who is visibly inebriated.
(6)(4) Notwithstanding the provisions of this part and
any rules and regulations of the racing commission now in
effect, there shall be no limit imposed upon the number of
races which may be conducted within a single racing program."
"§45-32-150.13
(a) Every licensee conducting race meetings under this
part, shall pay to the ex-officio treasurer of the racing
commission, for the use of the commission, a tax in an amount
equal to four percent of the total contributions to all
simulcast pari-mutuel pools conducted or made on any race
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simulcast pari-mutuel pools conducted or made on any race
track or pari-mutuel licensee licensed under this part. The
commission of a licensee on a pari-mutuel pool shall in no
event exceed 18 percent of the amount contributed to the
pari-mutuel pool, which amount shall include the four percent
tax heretofore provided. After the deduction of the four
percent for the use of the commission and the percentage
commission of the licensee, the remainder of the total
contributions to each pool shall be divided among and
redistributed to the contributors to such pools betting on the
winning dog. The amount of each redistribution for each
winning bet placed shall be determined by dividing the total
amount remaining in the pool after the deductions hereinabove
provided for by the number of bets placed on the winning dog.
Each redistribution shall be made in a sum equal to the next
lowest multiple of 10. The licensee is entitled to retain the
odd cents of all redistributions to be known as the breaks to
the dime, and all monies represented by any unclaimed,
uncashed, or abandoned pari-mutuel tickets known as outs
money. Under the pari-mutuel system of wagering herein
provided, the licensee shall be permitted to provide separate
pools for bets to win, place, and show and also a daily double
pool, a quiniela pool, double quiniela pool, trifecta pool,
and such other bets and pools as the commission may from time
to time allow. Each pool shall be redistributed separately as
herein provided. Should there be no ticket bet on the winning
dog, the entire pool shall be divided among the holders of
tickets on the dog running next in line until the pool has
been redistributed to the contributors. The licensee shall be
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been redistributed to the contributors. The licensee shall be
required to use a totalizator machine to record the wagering
and compute the odds. Rules and regulations governing the
operation of each of the pools shall be set out in book form
by the racing commission. The licensee shall collect from each
person attending the race meeting under this part 15 percent
of the established admissions price or ten cents ($.10),
whichever sum is greater, as an admission tax. Licensees shall
make payment of such taxes to the ex-officio treasurer of the
racing commission every tenth calendar day of any and every
race meeting, which payment shall be accompanied by a report
on the races covered by such report and such other information
as the commission may require. Every license issued by the
commission shall contain the terms, conditions, provisions,
percentage commissions of licensee, and tax as set forth in
this section, which such terms, conditions, provisions,
percentage commission of licensee, and tax shall not be
altered or changed during the term of such license without the
mutual consent of the commission and licensee.
(b) Every licensee conducting historical horse racing
under this part shall pay to the ex-officio treasurer of the
racing commission, for the use of the commission, a tax in an
amount equal to four percent of the total contributions less
prizes paid to winners from all historical horse racing
pari-mutuel pools conducted or made on any racetrack or
pari-mutuel licensee under this part. The tax may be adjusted
as determined necessary by the commission but shall not exceed
four percent."
"§45-32-150.16
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"§45-32-150.16
All fees, commissions, taxes, and other monies,
including fines and forfeitures, received under this part
shall be paid to the Treasurer of Greene County and deposited
by the treasurer in the county treasury to the account of the
Greene County Racing Commission. All such monies remaining,
after payment of expenses incurred in the administration of
this part, including the payment of the salaries and expenses
of the members and employees of this commission, shall be
distributed on a quarterly basis as follows:
(1) There shall be distributed to the Greene County
Commission an amount not to exceed two hundred thousand
dollars ($200,000) per year:
a. To pay principal of and interest on bonds, warrants ,
or other securities at any time thereafter issued by the
Greene County Commission for the purpose of providing and
equipping the existing jail facility; or constructing new jail
facilities and renovating, improving, and equipping existing
jail facilities.
b. To enable the county to make lease rental payments
to any public corporation in an amount sufficient to retire
bonds or other securities issued by such public corporation
for the purpose of providing funds to pay cost of acquiring,
providing, construction, and equipping a new jail facility;
renovating, improving, and equipping the existing jail
facility; or constructing new jail facilities and renovating
existing jail facilities, or any combination thereof.
c. To pay principal of and any interest on bonds,
warrants, or other securities at any time hereafter issued by
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warrants, or other securities at any time hereafter issued by
the Greene County Commission for the purpose of providing
funds to pay costs of acquiring, providing, constructing, and
equipping a new county courthouse; renovating, improving, and
equipping the existing county courthouse.
d. To enable the county to make lease rental payments
to any public corporation in an amount sufficient to retire
bonds or other securities issued by such public corporation
for the purpose of providing funds to pay costs of acquiring,
providing, construction, and equipping a new county
courthouse; renovating, improving, and equipping the existing
county courthouse; or acquiring, providing, constructing, and
equipping a new county courthouse and renovating, improving,
and equipping the existing county courthouse or any
combination thereof. At such time as the principal and
interest bonds, warrants, or other securities heretofore
mentioned are satisfied, then the sum shall be prorated
equally as provided in the following subdivisions (2), (3),
(4), and (5).
The balance is to be distributed as follows:
(2) Twenty-five percent of the monies shall be
appropriated to the municipalities of Greene County on a per
capita basis according to the most recent population figures
used by the federal government for the purpose of revenue
sharing, or if these figures are not available, the most
recent federal decennial census shall be used.
(3) Five percent to the Greene County Hospital Board.
(4) Thirty percent of the monies shall be appropriated
to the Greene County Board of Education.
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to the Greene County Board of Education.
(5) Forty percent of the monies shall be appropriated
to the General Fund of Greene County to be allocated and spent
in the following prescribed manner:
a. Fifty-five and one-half Forty percent of this amount
shall remain unearmarked and may be spent in any manner,
provided by law, for the benefit of the citizens of Greene
County, by the county governing body thereof.
b. Ten percent to be used by the county governing body
to upgrade law enforcement in the county.
c. Eight and one-half percent to be used by the county
governing body for the benefit of the fire department.
c.d. Eight percent for the maintenance of a county
ambulance service.
d.e.TwoSix percent for the establishment and
maintenance of day care centers within the county.
e.f. Three and one-half percent to be appropriated to
the Greene County Library Association for the upgrading of the
library system.
f.g. One percent to be appropriated to the Community
Services Programs of Tuscaloosa-Bibb Counties, Incorporated,
to be used for assistance to low income residents of Greene
County.
g.h. Two percent to be appropriated to West Alabama
Mental Health Center, Incorporated , to be used for mental
health services within Greene County.
h.i. One percent to be appropriated to the Greene
County Retired Senior Volunteer Program (RSVP).
i.j. Two and one-half percent to be appropriated to the
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i.j. Two and one-half percent to be appropriated to the
Society of Folk Arts and Culture, Incorporated, for culture
and youth development.
j.k. One percent to be appropriated to the Greene
County Commission to be used as follows:
1. One-third of the one percent thereof to be used by
the county commission in cultural and historical preservation.
2. One-third of the one percent thereof to the Greene
County Historical Society for their use in restoring and
preserving historic sites and buildings in the county.
3. One-third of the one percent thereof to the Alabama
Civil Rights Educational Freedom Museum, Incorporated.
k.l. Two percent to the Greene County Health Department
to be used for general health care in Greene County and to
augment the Women, Infants and Children (WIC) and related
health programs in Greene County.
l.m. Three percent to be appropriated to the Parks and
Recreation Board. No more than 15 percent of the three percent
thereof shall be used for maintenance and development of the
Greene County Golf Course.
m.n. Four and one-half percent to Greene County
Community Improvement Association for the construction,
renovation, and operation of community centers in Tishabee,
Clinton, Dollarhide, Knoxville, Mantua, and Mt. Hebron. When
the foregoing facilities have been constructed and renovated
in these communities, then the funds shall be designated for
the general use and operations of the Greene County Community
Improvement Association for the construction of additional
community centers and the operation of community centers in
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community centers and the operation of community centers in
Greene County.
n.o. One and three-quarters percent to be appropriated
to Branch Heights.
o.p. Three-quarters percent to be appropriated to the
county department of human resources.
p.q. One and one-half percent to be appropriated to the
E-911 system.
r. Two percent to the local legislative delegation. "
"§45-32-150.20
(a) It shall be unlawful for any person to transmit or
communicate to another by any means whatsoever the results,
changing odds, track conditions, or any other information
relating to any greyhound race from any race track in this
county, between the period of time beginning one hour prior to
the first race of the day and ending 30 minutes after the
posting of the official results of each race, as to that
particular race, except that this period may be reduced to
permit the transmitting of the results of the last race each
day not sooner than 15 minutes after the official posting of
such results. Provided, however, that the commission may, by
rule, permit the immediate transmission by radio, television,
or press wire of any pertinent information concerning feature
races.
(b)(a) It shall be unlawful for any person to transmit
by any means whatsoever racing information to any other
person, or to relay the same to any other person by word of
mouth, by signal, or by use of telephone, telegraph, radio, or
any other means, when the information is knowingly used or
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any other means, when the information is knowingly used or
intended to be used for illegal gambling purposes, or in
furtherance of such gambling purposes.
(c)(b) Any person violating this section shall be
guilty of a felony and, upon conviction, shall be imprisoned
in the state penitentiary for not less than one year nor more
than 10 years, or shall be fined not less than one thousand
dollars ($1,000) nor more than five thousand dollars ($5,000),
or both, in the discretion of the court."
Section 2. (a) The Legislature hereby finds and
declares that a computerized machine, which replays actual
historical horse races and allows pari-mutuel wagering
thereon, is already a permissible lawful activity at each of
the four pari-mutuel wagering racetracks in the State of
Alabama. The Legislature hereby further finds and declares
that a uniform local tax on the handle from pari-mutuel
wagering on these historical horse racing computerized
machines is necessary for the licensed racetrack and
pari-mutuel licenses located in Greene County so that such
racetrack and pari-mutuel licenses can be competitive with the
other racetracks and pari-mutuel licenses located in the State
of Alabama.
(b) For purposes of this act, pari-mutuel wagering on
historical horse racing computerized machines may be conducted
without regard to any of the following: (i) The type of
graphics on the machine used to conduct the activity; whether
the patron chooses a specific horse upon which to wager; and
(iii) whether the patron watches all or part of the historical
race.
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race.
(c) The local tax on pari-mutuel wagering on historical
horse races on these computerized machines at the Greene
County racetrack and other pari-mutuel licenses shall be
calculated at a rate up to four percent and the state tax rate
shall be levied at one percent and shall be collected,
administered, and distributed in the same manner and on the
same terms as are applicable to the local pari-mutuel tax on
live greyhound racing conducted at the Greene County racetrack
and pari-mutuel licenses, provided that the total handle less
prizes paid to winners from pari-mutuel wagering of historical
horse races on these computerized machines shall be separately
calculated from any other racing handle, live or simulcast,
and provided further, that the local tax shall be in lieu of
any local tax on pari-mutuel wagering on historical horse
races on these computerized machines that may otherwise be
imposed under Section 45-32-151.02, Code of Alabama 1975.
Section 3. Section 45-32-150.19, Code of Alabama 1975,
relating to the manipulation of race outcomes, is repealed.
Section 4. This act shall become effective immediately
upon its passage and approval by the Governor, or its
otherwise becoming law.
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