HARRY HUGHES, Governor
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(II) THE INCREASED FUNDS ALLOCATED TO LICENSEES
COMMENCING JULY 1, 1985 PURSUANT TO SUBSECTION (11) (B) (5) OF
THIS SECTION ARE PROVIDED SO THAT EACH LICENSEE SHALL IMPROVE THE
FACILITIES AND SERVICES OF ITS TRACK AND INCREASE ITS PROMOTIONAL
AND MARKETING ACTIVITIES, IN ORDER THAT ATTENDANCE AND WAGERING
MAY BE INCREASED AND THE WELL-BEING OF THE THOROUGHBRED RACING
INDUSTRY ENHANCED. EXCLUSIVE OF THE INCREASED FUNDS ALLOCATED TO
LICENSEES COMMENCING ON JULY 1, 1985 PURSUANT TO SUBSECTION
(B)(5) OF THIS SECTION, IN NO YEAR SHALL THE LICENSEE'S
EXPENDITURE FOR CAPITAL IMPROVEMENTS, MARKETING, PUBLIC
RELATIONS, PROMOTIONS AND MAINTENANCE BE LESS THAN THE AVERAGE
EXPENDITURE OF THE LICENSEE FOR THE THREE FISCAL YEARS PRECEDING
THE ENACTMENT OF THIS LEGISLATION FOR EACH OF THE ABOVE LISTED
AREAS. EACH LICENSEE SHALL SUBMIT TO THE COMMISSION AND THE
GENERAL ASSEMBLY:
1. BY AUGUST 1, 1985 A REPORT ON THE
PROPOSED USE OF THE INCREASED FUNDS; AND FOR THE LICENSEES'
CURRENT FISCAL YEAR;
2. BY AUGUST 1, 1986 AND EACH YEAR
THEREAFTER A REPORT, REVIEWED BY THE INDEPENDENT PUBLIC
ACCOUNTANTS APPROVED BY THE COMMISSION TO AUDIT SUCH LICENSEE,
SPECIFYING THE MANNER IN WHICH THE INCREASED FUNDS WERE EXPENDED
OR COMMITTED IN THE PRIOR FISCAL YEAR. OF THE LICENSEE AND AN
UNAUDITED REPORT ON THE PROPOSED USE OF THE FUNDS FOR THE CURRENT
FISCAL YEAR OF THE LICENSEE; AND
3. ANY ADDITIONAL INFORMATION THE GENERAL
ASSEMBLY DEEMS APPROPRIATE.
(III) IN THE EVENT THAT THE GENERAL ASSEMBLY
FINDS THAT A LICENSEE'S PROPOSED USE OF THE INCREASED FUNDS IS
INCONSISTENT WITH THE PURPOSES SPECIFIED IN THIS SECTION OR THE
LICENSEE HAS NOT EXPENDED THE FUNDS CONSISTENT WITH THE PROPOSED
USE OF THE FUNDS, AS DETERMINED BY THE GENERAL ASSEMBLY IN ITS
SOLE DISCRETION, THE GENERAL ASSEMBLY MAY, BY JOINT RESOLUTION,
DIRECT THAT THE COMMISSION, NOTWITHSTANDING ANY OTHER PROVISION
OF THE LAW, SHALL NOT AWARD IN THE FOLLOWING CALENDAR YEAR ANY
PART OF OR ALL OF THE ADDITIONAL 80 DAYS OF RACING AUTHORIZED IN
SECTION 7(B) OF THIS ARTICLE TO THE LICENSEE WHOSE PROPOSED USE
OR EXPENDITURE OF THE INCREASED FUNDS IS FOUND INCONSISTENT BY
THE GENERAL ASSEMBLY WITH THE PURPOSES SPECIFIED IN THIS SECTION.
(g) [(1) For calendar year 1978 and all subsequent calendar
years, the Thoroughbred Racing Board] THE COMMISSION may
authorize any licensee under § 7 of this article to run on any
day races involving multiple betting for two or more horses.
[(2) When a licensee under this section conducts one
race daily involving a multiple mutuel pool involving 3 or more
horses, the allocation of the takeout shall be as provided in
subsection (b) of this section.
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