A commission is authorized to be created in accordance with the provisions of this chapter for each Class 1 municipality, as Class 1 municipality is defined in Section 11-40-12 or any successor provision of law. Any commission created for any sponsoring municipality pursuant to the provisions of this chapter shall be named "The ______ (the name of the sponsoring municipality shall be inserted in the blank) Racing Commission" and shall be a public corporation having a legal existence separate and apart from the state and any county, municipality, or political subdivision thereof. A commission shall be vested with the powers and duties specified in this chapter and all other powers necessary and proper to enable it to execute fully and effectively the purposes of this chapter. Anything contained in this chapter to the contrary notwithstanding, no commission shall have any legal authority to license and regulate any racing and wagering activity at facilities located in any part of the sponsoring municipality outside the host county or in any part of the host county outside the sponsoring municipality. Any commission that was authorized by an election held in the sponsoring municipality and the host county prior to April 16, 1991, pursuant to then effective provisions of this chapter and that was validly incorporated pursuant to such authorization shall continue in existence with full powers under this chapter, and the members of such commission shall continue in office for the current terms for which they were respectively appointed or serve ex officio, without further action being required under the provisions of this chapter, as amended subsequently to the date of the incorporation of such commission or the respective beginning dates of such members' current terms of office.
Notwithstanding any provisions hereof which connect the state with the creation and control of a commission, any commission incorporated pursuant to the provisions of this chapter shall not be deemed to be part of the state for any purpose, but shall be treated as a public corporation and body politic separate and apart from the state. Except for the state horse wagering fee and the state dog racing privilege tax, all taxes, fees, commissions, and other moneys which a commission shall be authorized by this chapter to charge, levy, or receive or which shall be levied upon or charged for the privilege of conducting horse racing, greyhound racing, or pari-mutuel wagering thereon shall be deemed to be moneys belonging exclusively to such commission, and no allocation or payment of such moneys authorized or mandated by this chapter shall be considered to be an appropriation of moneys belonging to or controlled by the state, the host county, or the sponsoring municipality.
Notwithstanding any provisions hereof which connect a commission with its sponsoring municipality, the host county or any other county or municipality [including, without limitation thereto, the provisions of Section 11-65-4 hereof regarding an election in the host county and the part of the sponsoring municipality located therein to approve the incorporation of a commission and the provisions of Section 11-65-5 hereof providing for (1) the mayor or other chief executive officer of the sponsoring municipality to serve ex officio as one member of a commission or, in lieu of such ex officio service, to appoint a member of such commission and (2) the president or other designated presiding officer of the county commission of the host county to serve ex officio as one member of a commission or, in lieu of such ex officio service, to appoint a member of such commission], any commission incorporated pursuant to the provisions of this chapter shall not be deemed to be a local agency or instrumentality of the sponsoring municipality or the host county, but shall be treated as a public corporation and body politic having rights, powers, and duties which, to the extent herein specified, shall be effective without reference to the rights, powers, duties, and territories of the sponsoring municipality and the host county.
Any racing commission incorporated pursuant to the provisions of this chapter shall be subject to the jurisdiction of the State Ethics Commission and to the provisions of Chapter 25, Title 36, and the members of such racing commission shall be deemed public officials subject to the provisions of said Chapter 25. Any officer or employee of a racing commission shall be deemed a public employee for purposes of said Chapter 25 as and to the extent provided in said Chapter 25.
Structure Code of Alabama
Title 11 - Counties and Municipal Corporations.
Title 2 - Provisions Applicable to Municipal Corporations Only.
Chapter 65 - Horse Racing and Greyhound Racing in Class 1 Municipalities.
Section 11-65-1 - Legislative Declarations and Findings.
Section 11-65-2 - Definitions.
Section 11-65-5 - Composition of Commission; Terms; Qualifications; Removal From Office.
Section 11-65-6 - Incorporation of Commission.
Section 11-65-7 - General Provisions Respecting Members of Commission.
Section 11-65-8 - Officers of Commission.
Section 11-65-9 - Treasurer of Commission; Investment of Funds of Commission.
Section 11-65-10 - Powers and Duties of Commission.
Section 11-65-11 - Qualifications of Commission Employees.
Section 11-65-12 - Review of Commission Action.
Section 11-65-13 - Request for Injunctions Authorized.
Section 11-65-15 - Application for Horse Racing Facility License.
Section 11-65-16 - Review of Application for Horse Racing Facility License.
Section 11-65-17 - Terms of Horse Racing Facility License.
Section 11-65-18 - Application for Operator's License.
Section 11-65-19 - Review of Application for Operator's License.
Section 11-65-20 - Terms of Operator's License.
Section 11-65-21 - Suspension or Revocation of License.
Section 11-65-22 - Acquisition of Interest in Horse Racing Facility Licensee or Operator.
Section 11-65-23 - Permits Required for Certain Individuals and Companies.
Section 11-65-24 - Application for Permit.
Section 11-65-25 - Review of Applications for Permits.
Section 11-65-26 - Suspension or Revocation of Permit.
Section 11-65-28 - Pari-Mutuel Wagering.
Section 11-65-28.1 - Modification of Takeout for All Racing Events.
Section 11-65-29 - State Horse Wagering Fee.
Section 11-65-30 - Commission Wagering Fees.
Section 11-65-30.1 - Commission Greyhound Racing Days.
Section 11-65-31 - Purses for Horse Races and Greyhound Races.
Section 11-65-32 - Televised Simulcast Programming of Racing Events.
Section 11-65-33 - Racetrack Admission Fee.
Section 11-65-34 - Horse Breeding Fund.
Section 11-65-35 - Concerning Certain Taxes.
Section 11-65-36 - Application of Net Commission Revenues.
Section 11-65-37 - Conducting Race Without License Prohibited; Wagering on Certain Races Prohibited.
Section 11-65-38 - Disqualification Due to Gambling Activities.
Section 11-65-39 - Tampering With Racing Animals Prohibited.
Section 11-65-40 - Transmission of Racing Information Prohibited.
Section 11-65-41 - Possession of Certain Drugs Prohibited.
Section 11-65-42 - Misuse of License.
Section 11-65-43 - Racing Under Unregistered Name Prohibited.
Section 11-65-44 - Presence of Underage Persons Prohibited.
Section 11-65-45.1 - Limitation of Personal Liability of Commission Members and Officers.
Section 11-65-47 - Applicability of Chapter; Severability of Provisions.