No member shall vote on or participate in the discussion or consideration of any matter coming before a commission in which he, his immediate family, or any business enterprise with which he is associated has any direct or indirect pecuniary interest; provided, however, that when any such matter is brought before a commission, any member having an interest therein which may be in conflict with his obligations as a member shall immediately make a complete disclosure to such commission of any direct or indirect pecuniary interest he may have in such matter prior to removing himself and withdrawing from the commission's deliberations and vote on the matter presented. In furtherance, and not in limitation of the foregoing provision, no member or employee of a commission, and no spouse, child, parent, brother, or sister of any such member or employee, (1) shall have any financial interest, direct or indirect, in any racing facility, business, or operation which is subject to the provisions of this chapter, or in any entity which has submitted an application for a license under this chapter, or in the operation of any wagering authorized under this chapter, (2) shall be an employee of any licensee or permit holder of the commission, or (3) shall participate as the owner of any horse or greyhound participating in any race or otherwise be interested in the outcome of any race subject to the jurisdiction of a commission or have any pecuniary interest in the purse or prize contested for in any such race. No appointed member or officer of a commission (e.g., any member or officer of a commission who does not serve as such by reason of his holding another office), no employee of a commission, and no spouse, child, parent, brother, or sister of any such appointed member or officer or of any such employee, shall make, or cause to be made on his or her behalf, any contribution to any holder of any office of the state or any office of the sponsoring municipality or the host county of such commission or any contribution to any candidate for any such office.
The mayor or other chief executive officer of the sponsoring municipality and the president or other designated presiding officer of the county commission of the host county shall perform the duties of a member of a commission, ex officio, without any compensation other than that to which they are respectively entitled as such municipal or county officers, and any member of a commission who is appointed by either of such officials pursuant to the provisions of Section 11-65-5 and who is a member of the governing body of the sponsoring municipality or the host county shall likewise perform his or her duties as such member without any compensation other than that to which he or she is entitled as a member of such municipal or county governing body. Except as otherwise provided in the preceding sentence and to the extent not in conflict with Section 280 of the Constitution of Alabama, appointed members of a commission, including deputy members appointed pursuant to subsection (c) of Section 11-65-5, shall be entitled to such compensation for their services as the commission shall from time to time provide by duly adopted resolution, provided that no appointed member or deputy member of a commission shall receive more than $100.00 for each day or part thereof spent in the performance of his duties. Each member, whether appointed or serving ex officio, shall be reimbursed for his or her reasonable expenses incurred in the performance of his or her duties as a member of a commission. The compensation and expenses of members and deputy members shall be paid out of the funds of a commission in accordance with such rules as shall be from time to time adopted by such commission.
A majority of the members (including any member represented by a deputy member) of a commission shall constitute a quorum for the transaction of business by such commission, and, in the absence of a rule incorporated in the bylaws of a commission that, in certain circumstances, may require the favorable vote of a designated percentage of all the members of a commission, decisions shall be made on the basis of a majority of the quorum then present and voting, with each member to have a single vote. No vacancy in the membership of a commission or the voluntary disqualification or abstention of any member thereof shall impair the right of a quorum to exercise all of the powers and duties of the commission.
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.