Full Text of SB0744 96th General Assembly
SB0744sam006 96TH GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 5/20/2009
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LRB096 06812 AMC 27241 a |
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| AMENDMENT TO SENATE BILL 744
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| AMENDMENT NO. ______. Amend Senate Bill 744, AS AMENDED, | 3 |
| with reference to page and line numbers of Senate Amendment No. | 4 |
| 5, on page 42, line 14, after "9,", by inserting "20,"; and | 5 |
| on page 42, line 15, by replacing "and 3.27" with "3.27, and | 6 |
| 30.6"; and | 7 |
| on page 44, by replacing lines 15 and 16 with the following: | 8 |
| " slot machine gambling, video games of chance, and electronic | 9 |
| gambling games that are conducted
at a race track licensed | 10 |
| under this Act pursuant to an electronic gaming license. "; and
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| on page 57, immediately below line 4, by inserting the | 12 |
| following:
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| "(230 ILCS 5/20) (from Ch. 8, par. 37-20)
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| Sec. 20.
(a) Any person desiring to conduct a horse race |
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| meeting may
apply to the Board for an organization license. The | 2 |
| application shall be
made on a form prescribed and furnished by | 3 |
| the Board. The application shall
specify:
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| (1) the dates on which
it intends to conduct the horse | 5 |
| race meeting, which
dates shall be provided
under Section | 6 |
| 21;
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| (2) the hours of each racing day between which it | 8 |
| intends to
hold or
conduct horse racing at such meeting;
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| (3) the location where it proposes to conduct the
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| meeting; and
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| (4) any other information the Board may reasonably | 12 |
| require.
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| (b) A separate application for an organization license | 14 |
| shall be filed
for each horse race meeting
which such person | 15 |
| proposes to hold. Any such application, if made by an
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| individual, or by any individual as trustee, shall be
signed | 17 |
| and verified under oath by such individual. If
made by | 18 |
| individuals or a partnership, it shall be signed and
verified | 19 |
| under oath by at least 2 of such individuals or members of such
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| partnership as the case may be. If made by an association, | 21 |
| corporation,
corporate trustee or any other entity, it shall be | 22 |
| signed by the president
and attested by the secretary or | 23 |
| assistant secretary under the seal
of such association, trust | 24 |
| or corporation if it has a seal, and shall
also be verified | 25 |
| under oath by one of the signing officers.
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| (c) The application shall specify the name of the
persons, |
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| association, trust, or corporation making such application and | 2 |
| the
post office address of the applicant; if the applicant is a | 3 |
| trustee, the
names and addresses of the beneficiaries; if a | 4 |
| corporation, the names and
post office addresses of all | 5 |
| officers, stockholders and directors; or if
such
stockholders | 6 |
| hold stock as a nominee or fiduciary, the names and post
office | 7 |
| addresses of these persons, partnerships, corporations, or | 8 |
| trusts
who are the beneficial owners thereof or who are | 9 |
| beneficially interested
therein; and if a partnership, the | 10 |
| names and post office addresses of all
partners, general or | 11 |
| limited; if the applicant is a corporation, the name
of the | 12 |
| state of its incorporation shall be specified.
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| (d) The applicant shall execute and file with the Board a | 14 |
| good faith
affirmative action plan to recruit, train, and | 15 |
| upgrade minorities in all
classifications within the | 16 |
| association.
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| (e) With such
application there shall be delivered to the | 18 |
| Board a
certified check or bank draft payable to the order of | 19 |
| the Board for an
amount equal to $1,000. All applications for
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| the issuance of an organization license shall be filed with the | 21 |
| Board before
August 1 of the year prior to the year for which | 22 |
| application is made and shall be acted
upon by the Board at a | 23 |
| meeting to be held on such date as shall be fixed
by the Board | 24 |
| during the last 15 days of September of such prior year.
At | 25 |
| such meeting, the Board shall announce
the award of the racing | 26 |
| meets, live racing schedule, and designation of host
track to |
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| the applicants and its approval or disapproval of each
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| application. No announcement shall
be considered binding until | 3 |
| a formal order is executed by the Board, which
shall be | 4 |
| executed no later than October 15 of that prior year.
Absent | 5 |
| the agreement of
the affected organization licensees, the Board | 6 |
| shall not grant overlapping
race meetings to 2 or more tracks | 7 |
| that are within 100 miles of each
other to conduct the | 8 |
| thoroughbred racing.
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| (e-1) In awarding standardbred racing dates for calendar | 10 |
| year 2010 and thereafter, the Board shall award at least 312 | 11 |
| racing days. The Board shall have the discretion to allocate | 12 |
| those racing days among organization licensees. Once awarded by | 13 |
| the Board, organization licensees shall run at least 3,500 | 14 |
| races annually. Should the organization licensee fail to race | 15 |
| all dates awarded by the Board, the organization licensees | 16 |
| shall pay to the standardbred purse account at that racing | 17 |
| facility an amount equal to the organization licensee's revenue | 18 |
| from electronic gaming for the day not raced. The Board may | 19 |
| waive the requirements of this subsection only if a lesser | 20 |
| schedule is appropriate due to (a) weather or unsafe tracks | 21 |
| conditions due to acts of God, (b) an agreement between the | 22 |
| organization licensee and the association representing | 23 |
| standardbred horsemen racing at the organization licensee's | 24 |
| race meeting, or (c) lack of sufficient numbers of horses to | 25 |
| conduct racing. | 26 |
| (e-5) In reviewing an application for the purpose of |
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| granting an
organization license consistent with
the best | 2 |
| interests of the public and the
sport of horse racing, the | 3 |
| Board shall consider:
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| (1) the character, reputation, experience, and | 5 |
| financial integrity of the
applicant and of any other | 6 |
| separate person that either:
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| (i) controls the applicant, directly or | 8 |
| indirectly, or
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| (ii) is controlled, directly or indirectly, by | 10 |
| that applicant or by a
person who controls, directly or | 11 |
| indirectly, that applicant;
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| (2) the applicant's facilities or proposed facilities | 13 |
| for conducting
horse
racing;
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| (3) the total revenue without regard to Section 32.1 to | 15 |
| be derived by
the State and horsemen from the applicant's
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| conducting a race meeting;
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| (4) the applicant's good faith affirmative action plan | 18 |
| to recruit, train,
and upgrade minorities in all employment | 19 |
| classifications;
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| (5) the applicant's financial ability to purchase and | 21 |
| maintain adequate
liability and casualty insurance;
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| (6) the applicant's proposed and prior year's | 23 |
| promotional and marketing
activities and expenditures of | 24 |
| the applicant associated with those activities;
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| (7) an agreement, if any, among organization licensees | 26 |
| as provided in
subsection (b) of Section 21 of this Act; |
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| and
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| (8) the extent to which the applicant exceeds or meets | 3 |
| other standards for
the issuance of an organization license | 4 |
| that the Board shall adopt by rule.
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| In granting organization licenses and allocating dates for | 6 |
| horse race
meetings, the Board shall have discretion to | 7 |
| determine an overall schedule,
including required simulcasts | 8 |
| of Illinois races by host tracks that will, in
its judgment, be | 9 |
| conducive to the best interests of
the public and the sport of | 10 |
| horse racing.
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| (e-10) The Illinois Administrative Procedure Act shall | 12 |
| apply to
administrative procedures of the Board under this Act | 13 |
| for the granting of an
organization license, except that (1) | 14 |
| notwithstanding the provisions of
subsection (b) of Section | 15 |
| 10-40 of the Illinois Administrative Procedure Act
regarding | 16 |
| cross-examination, the
Board may prescribe rules limiting the | 17 |
| right of an applicant or participant in
any proceeding to award | 18 |
| an organization license to conduct cross-examination of
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| witnesses at that proceeding where that cross-examination | 20 |
| would unduly obstruct
the timely award of an organization | 21 |
| license under subsection (e) of Section 20
of this Act; (2) the | 22 |
| provisions of Section 10-45 of the Illinois Administrative
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| Procedure Act regarding proposals for decision are excluded | 24 |
| under this Act; (3)
notwithstanding the provisions of | 25 |
| subsection (a) of Section 10-60 of the
Illinois Administrative | 26 |
| Procedure Act regarding ex parte communications, the
Board may |
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| prescribe rules allowing ex parte communications with | 2 |
| applicants or
participants in a proceeding to award an | 3 |
| organization license where conducting
those communications | 4 |
| would be in the best interest of racing, provided all
those | 5 |
| communications are made part of the record of that proceeding | 6 |
| pursuant
to subsection (c) of Section 10-60 of the Illinois | 7 |
| Administrative
Procedure Act; (4) the provisions of Section 14a | 8 |
| of this Act and the rules of
the Board promulgated under that | 9 |
| Section shall apply instead of the provisions
of Article 10 of | 10 |
| the Illinois Administrative Procedure Act regarding
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| administrative law judges; and (5) the provisions of subsection | 12 |
| (d)
of Section 10-65 of the Illinois Administrative Procedure | 13 |
| Act that prevent
summary suspension of a license pending | 14 |
| revocation or other action shall not
apply.
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| (f) The Board may allot racing dates to an organization | 16 |
| licensee for more
than one calendar year but for no more than 3 | 17 |
| successive calendar years in
advance, provided that the Board | 18 |
| shall review such allotment for more than
one calendar year | 19 |
| prior to each year for which such allotment has been
made. The | 20 |
| granting of an organization license to a person constitutes a
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| privilege to conduct a horse race meeting under the provisions | 22 |
| of this Act, and
no person granted an organization license | 23 |
| shall be deemed to have a vested
interest, property right, or | 24 |
| future expectation to receive an organization
license in any | 25 |
| subsequent year as a result of the granting of an organization
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| license. Organization licenses shall be subject to revocation |
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| if the
organization licensee has violated any provision of this | 2 |
| Act
or the rules and regulations promulgated under this Act or | 3 |
| has been convicted
of a crime or has failed to disclose or has | 4 |
| stated falsely any information
called for in the application | 5 |
| for an organization license. Any
organization license | 6 |
| revocation
proceeding shall be in accordance with Section 16 | 7 |
| regarding suspension and
revocation of occupation licenses.
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| (f-5) If, (i) an applicant does not file an acceptance of | 9 |
| the racing dates
awarded by the Board as required under part | 10 |
| (1) of subsection (h) of this
Section 20, or (ii) an | 11 |
| organization licensee has its license suspended or
revoked | 12 |
| under this Act, the Board, upon conducting an emergency hearing | 13 |
| as
provided for in this Act, may reaward on an emergency basis | 14 |
| pursuant to
rules established by the Board, racing dates not | 15 |
| accepted or the racing
dates
associated with any suspension or | 16 |
| revocation period to one or more organization
licensees, new | 17 |
| applicants, or any combination thereof, upon terms and
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| conditions that the Board determines are in the best interest | 19 |
| of racing,
provided, the organization licensees or new | 20 |
| applicants receiving the awarded
racing dates file an | 21 |
| acceptance of those reawarded racing dates as
required under | 22 |
| paragraph (1) of subsection (h) of this Section 20 and comply
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| with the other provisions of this Act. The Illinois | 24 |
| Administrative Procedures
Act shall not apply to the | 25 |
| administrative procedures of the Board in conducting
the | 26 |
| emergency hearing and the reallocation of racing dates on an |
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| emergency
basis.
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| (g) (Blank).
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| (h) The Board shall send the applicant a copy of its | 4 |
| formally
executed order by certified mail addressed to the | 5 |
| applicant at the
address stated in his application, which | 6 |
| notice shall be mailed within 5 days
of the date the formal | 7 |
| order is executed.
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| Each applicant notified shall, within 10 days after receipt | 9 |
| of the
final executed order of the Board awarding
racing dates:
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| (1) file with the Board an acceptance of such
award in
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| the form
prescribed by the Board;
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| (2) pay to the Board an additional amount equal to $110 | 13 |
| for each
racing date awarded; and
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| (3) file with the Board the bonds required in Sections | 15 |
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and 25 at least
20 days prior to the first day of each | 16 |
| race meeting.
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| Upon compliance with the provisions of paragraphs (1), (2), and | 18 |
| (3) of
this subsection (h), the applicant shall be issued an
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| organization license.
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| If any applicant fails to comply with this Section or fails
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| to pay the organization license fees herein provided, no | 22 |
| organization
license shall be issued to such applicant.
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| (Source: P.A. 91-40, eff. 6-25-99.)"; and
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| by replacing line 22 on page 72 through line 8 on page 73 with | 25 |
| the following: |
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| "with the provisions of this Section. For the calendar year | 2 |
| in which any organization licensee that is eligible to | 3 |
| receive payment under this paragraph (13) begins to receive | 4 |
| funds from electronic gaming, the amount of the payment due | 5 |
| to all organization licensees under this paragraph (13) | 6 |
| shall be reduced by a percentage equal to the percentage of | 7 |
| the year remaining after the earliest date that any | 8 |
| wagering facility begins conducting electronic gaming | 9 |
| pursuant to its electronic gaming license. No organization | 10 |
| licensees shall be able to receive payments under this | 11 |
| paragraph (13) beginning on the January 1 first occurring | 12 |
| after the earliest date that any organization licensee | 13 |
| begins receiving funds from electronic gaming pursuant to | 14 |
| Section 7.10 of the Illinois Gambling Act. "; and
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| on page 97, immediately below line 16, by inserting the | 16 |
| following: | 17 |
| "(230 ILCS 5/30.6 new)
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| Sec. 30.6. Grants from Quarter Horse Purse Fund. | 19 |
| Thoroughbred organization licensees may petition the Board to | 20 |
| conduct quarter horse racing and receive purse grants from the | 21 |
| Quarter Horse Purse Fund. The Board shall have complete | 22 |
| discretion in distributing the Quarter Horse Purse Fund to the | 23 |
| petitioning organization licensees. "; and |
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| on page 109, line 2, by replacing " slot machines " with | 2 |
| " electronic gaming "; and | 3 |
| on page 121, immediately below line 10, by inserting the | 4 |
| following: | 5 |
| " Any action by the Board or staff of the Board, including, | 6 |
| but not limited to, denying a renewal, approving procedures | 7 |
| (including internal controls), levying a fine or penalty, | 8 |
| promotions, or other activities by an applicant for licensure | 9 |
| or a licensee, may at the discretion of the applicant or | 10 |
| licensee be appealed to an administrative law judge in | 11 |
| accordance with subsection (b) of Section 17.1. | 12 |
| Internal controls and changes submitted by licensees must | 13 |
| be reviewed and either approved or denied with cause within 60 | 14 |
| days after receipt by the Illinois Gaming Board. In the event | 15 |
| an internal control submission or change does not meet the | 16 |
| standards set by the Board, staff of the Board must provide | 17 |
| technical assistance to the licensee to rectify such | 18 |
| deficiencies within 60 days after the initial submission and | 19 |
| the revised submission must be reviewed and approved or denied | 20 |
| with cause within 60 days. For the purposes of this paragraph, | 21 |
| "with cause" means that the approval of the submission would | 22 |
| jeopardize the integrity of gaming. In the event the Board | 23 |
| staff has not acted within the timeframe, the submission shall | 24 |
| be deemed approved. "; and |
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| on page 143, line 26, by replacing " at its licensed facility " | 2 |
| with " on a riverboat or in a casino and up to 50 electronic | 3 |
| poker positions at each electronic gaming facility "; and | 4 |
| on page 144, by replacing lines 7 through 10 with the | 5 |
| following: | 6 |
| " For the purposes of this subsection (l), "electronic | 7 |
| poker" means a form of gambling by which players can play | 8 |
| electronically via a network of machines at the same or any | 9 |
| other licensed facility in Illinois. "; and | 10 |
| on page 154, line 1, by replacing " State " with " State Gaming | 11 |
| Fund "; and | 12 |
| on page 157, lines 23 and 24, by replacing " Horse Racing Equity | 13 |
| Fund " with " the Quarter Horse Purse Fund and the Horse Racing | 14 |
| Equity Trust Fund "; and | 15 |
| on page 158, by replacing lines 7 through 18 with the | 16 |
| following: | 17 |
| " the electronic gaming licensee from electronic gaming | 18 |
| operations shall be distributed as follows: | 19 |
| (1) $250,000 in each calendar year shall be deposited | 20 |
| into the Quarter Horse Purse Fund, which is created as a | 21 |
| non-appropriated trust fund administered by the Illinois | 22 |
| Racing Board for grants to thoroughbred organization |
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| licensees for payment of purses for quarter horse races | 2 |
| conducted by the organization licensee. | 3 |
| (2) The remainder shall be deposited into the Horse | 4 |
| Racing Equity Trust Fund. | 5 |
| If the sum of the amounts distributed under paragraphs (1) | 6 |
| and (2) of this Section does not equal $50,000,000 in a | 7 |
| calendar year, then each electronic gaming licensee must pay | 8 |
| into the Horse Racing Equity Trust Fund a portion of the | 9 |
| difference between the total amount paid for that calendar year | 10 |
| and $50,000,000, based upon each electronic gaming licensee's | 11 |
| adjusted gross receipts for that calendar year as compared to | 12 |
| total adjusted gross receipts from all electronic gaming | 13 |
| licensees for that calendar year. | 14 |
| If the percentage of adjusted gross receipts to be | 15 |
| deposited into the Horse Racing Equity Fund under subsection | 16 |
| (c-5) of Section 13 is reduced by law, then the percentage of | 17 |
| each licensee's remaining balance after payment of taxes under | 18 |
| Section 13 of this Act and operational costs incurred by the | 19 |
| electronic gaming licensee from electronic gaming operations | 20 |
| that shall be distributed to the Quarter Horse Purse Fund and | 21 |
| the Horse Racing Equity Trust Fund shall be increased to 40%. "; | 22 |
| and | 23 |
| on page 171, line immediately below line 8, by inserting the | 24 |
| following: | 25 |
| " If the licensed owner of a riverboat in operation on |
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| January 1, 2009 has capital projects of at least $40,000,000 | 2 |
| that are approved by the Board in calendar year 2006 and | 3 |
| thereafter or, starting in 2006 and going forward, for which at | 4 |
| least $40,000,000 in capital expenditures have been made during | 5 |
| a period of 3 calendar years, then no admissions tax is imposed | 6 |
| on admissions to that riverboat for a 3-year period beginning | 7 |
| on (i) the January 1 after the approval or the expenditures | 8 |
| have been made or (ii) in the case of projects approved or | 9 |
| expenditures made before the effective date of this amendatory | 10 |
| Act of the 96th General Assembly, January 1, 2010. "; and | 11 |
| by deleting line 26 on page 172 through line 10 on page 173.
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