Is dog racing legal in Tennessee under the Racing Control Act of 1987, and is the State Racing Commission still in operation?

Plain-English summary

Tennessee's Racing Control Act of 1987, Tenn. Code Ann. §§ 4-36-101 to -402, created the State Racing Commission and authorized pari-mutuel betting on horse racing, subject to local-referendum approval. The AG was asked three questions about whether that statute reached dog racing and what the current state of the regulatory infrastructure is.

The AG concluded that the Racing Control Act applied only to horse racing. Tenn. Att'y Gen. Op. 93-055 (Aug. 25, 1993) reached the same conclusion about greyhound races, observing that "the Act concerns only horse racing and pari-mutuel wagering thereon" and that "racing of animals other than horses for purposes of wagering within Tennessee is not permitted under the Act." The Act's definitions and substantive provisions all hinge on horse racing (e.g., § 4-36-103(12) defines a "live race" as a "horse race"; § 4-36-401 requires a local referendum on whether to permit "pari-mutuel wagering on horse racing").

The Racing Commission itself terminated on June 30, 1997, ceased to exist one year later, and its rules expired, per Tenn. Att'y Gen. Op. 06-143 (Sept. 19, 2006). When the Commission went away, so did legalized pari-mutuel betting on horse racing in Tennessee. Reestablishing the Commission, as Op. 06-143 explained, requires the legislature to pass a new act doing so.

Wagering on dog racing remains illegal under the gambling provision of Tenn. Code Ann. § 39-17-501(1).

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Why didn't the Racing Control Act cover dog racing?
A: Because its definitions and operative provisions are written around horse racing. The "live race" definition in § 4-36-103(12) refers to a horse race. The local-referendum requirement in § 4-36-401 refers to "pari-mutuel wagering on horse racing." The legislature's general intent statement in § 4-36-102 uses broader language ("legitimate sporting events with pari-mutuel wagering"), but the rest of the Act ties that intent specifically to horses. The 1993 AG opinion was the first to make this conclusion explicit for greyhounds.

Q: What happened to the State Racing Commission?
A: The Commission was subject to sunset provisions and terminated on June 30, 1997. It ceased to exist one year later (June 30, 1998), and its rules expired at that point. After the Commission's expiration, there was no longer any state body administering the Racing Control Act, and legal pari-mutuel wagering on horse racing in Tennessee ended.

Q: Could the Racing Commission be revived without new legislation?
A: No. As Tenn. Att'y Gen. Op. 06-143 (Sept. 19, 2006) concluded, the legislature must pass an act to reestablish the Commission. Administrative or regulatory action alone cannot revive a terminated state body.

Q: Is betting on dog races now a crime?
A: Yes. The general gambling prohibition in Tenn. Code Ann. § 39-17-501(1) covers wagering on dog races. The Racing Control Act never carved out an exception for that activity, and it has not been excepted by any other statute.

Q: Could a Tennessee operator host dog races without wagering?
A: The opinion does not address non-wagering dog-race exhibitions. Its scope is limited to whether the Racing Control Act authorizes dog racing and whether wagering on dog races is legal.

Background and statutory framework

The Racing Control Act of 1987 is an example of a sunset-tied regulatory scheme: it created a commission with a defined termination date, and the entire authorization for the regulated activity (pari-mutuel betting on horse racing) was tied to the Commission's existence. When the Commission expired in 1997-98, the regulatory infrastructure necessary for legal pari-mutuel wagering disappeared, and the activity reverted to its default status under the general gambling laws.

The opinion is essentially a status check: the Racing Control Act remains on the books but lacks the administrative body that gave it life, and even when the Commission existed it never authorized dog racing. Dog racing is therefore illegal whether or not the Commission existed, because dog racing was never within the Act's scope.

The 2014 question is most likely connected to legislative interest in expanding gambling activities in Tennessee, where the practical answer is that any legalization of dog racing or other non-horse-racing wagering would require new legislation (both substantive authorization for the activity and reestablishment or replacement of a regulatory body).

Citations and references

Statutes:
- Tenn. Code Ann. §§ 4-36-101 to -402 (Racing Control Act of 1987)
- Tenn. Code Ann. § 4-36-102 (legislative intent)
- Tenn. Code Ann. § 4-36-103(12) (live race definition)
- Tenn. Code Ann. § 4-36-401 (local referendum on horse racing)
- Tenn. Code Ann. § 39-17-501(1) (gambling definition)

Earlier AG opinions:
- Tenn. Att'y Gen. Op. 93-055 (Aug. 25, 1993) (greyhound races)
- Tenn. Att'y Gen. Op. 98-045 (Feb. 17, 1998) (Racing Commission termination)
- Tenn. Att'y Gen. Op. 06-143 (Sept. 19, 2006) (need for legislation to revive)

Subject

Opinion No. 14-91, Dog Racing and the Racing Control Act of 1987, September 30, 2014

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2014/op14-091.pdf

Original opinion text

STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL
September 30, 2014
Opinion No. 14-91
Dog Racing and the Racing Control Act of 1987

QUESTIONS

1. Is it permissible to conduct dog-racing activities under the Racing Control Act of 1987, Tenn. Code Ann. §§ 4-36-101 to -402?

2. Are dog-racing activities subject to regulation or licensing by any state governmental entity?

3. Is legislation required in order to re-establish the State Racing Commission?

OPINIONS

1. No.

2. Yes. As with horse racing, betting on dog racing is illegal.

3. Yes.

ANALYSIS

The Racing Control Act of 1987 created the State Racing Commission and authorized a form of gambling, pari-mutuel betting, on horse racing. See Tenn. Att'y Gen. Op. 98-045, at 2 (Feb. 17, 1998). The Racing Commission terminated on June 30, 1997; it ceased to exist one year later, and its rules expired. See Tenn. Att'y Gen. Op. 06-143 (Sept. 19, 2006). When the Commission ceased to exist, so too did legalized betting on horse racing. See Tenn. Att'y Gen. Op. 98-045, at 4 ("[T]he Racing Control Act makes an otherwise illegal activity legal when conducted under the Commission's supervision . . . [P]ari-mutuel wagering on horse racing may not be conducted legally in Tennessee after June 30, 1998."). In order to re-establish the State Racing Commission, "the Legislature must pass an act accomplishing this goal." Tenn. Att'y Gen. Op. 06-143, at 1.

The Racing Control Act did not authorize betting on dog racing, which is likewise illegal. See Tenn. Code Ann. § 39-17-501(1) (defining "gambling"). Tenn. Code Ann. § 4-36-102 does broadly state the legislature's intent to encourage "legitimate sporting events with pari-mutuel wagering in this state" and to vest the State Racing Commission with power "to control and regulate racing in Tennessee." But in Tenn. Att'y Gen. Op. 93-055 (Aug. 25, 1993), this Office specifically considered whether the Act applied to greyhound races and opined, based on a reading of the Racing Control Act as a whole, that "the Act concerns only horse racing and pari-mutuel wagering thereon. . . . [R]acing of animals other than horses for purposes of wagering within Tennessee is not permitted under the Act." Op. 93-055, at 2. See, e.g., Tenn. Code Ann. § 4-36-103(12) (defining a "live race" as a "horse race"); id. § 4-36-401 (requiring passage of a local referendum on whether to permit "pari-mutuel wagering on horse racing").

ROBERT E. COOPER, JR.
Attorney General and Reporter

JOSEPH F. WHALEN
Acting Solicitor General

Requested by:
The Honorable Pat Marsh
State Representative
110 War Memorial Building
Nashville, Tennessee 37243