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    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1149 be amended to read as follows:

SOURCE: Page 2, line 26; (12)MO114901.2. -->     Page 2, delete lines 26 through 37, begin a new line block indented and insert:
        " (1) A horse racing facility operated under a permit under IC 4-31-5 and any other permanent structure on land owned or leased by the owner of the facility that is adjacent to the facility.
        (2) A riverboat (as defined in IC 4-33-2-17) and any other permanent structure that is:
            (A) owned or leased by the owner of the riverboat; and
            (B) located on land that is adjacent to:
                (i) the dock to which the riverboat is moored; or
                (ii) the land on which the riverboat is situated in the case of a riverboat described in IC 4-33-2-17(2).
        (3) A facility that operates under a gambling game license under IC 4-35-5 and any other permanent structure on land owned or leased by the owner of the facility that is adjacent to the facility.
        (4) A satellite facility licensed under IC 4-31-5.5.
        (5) An organization that holds a charitable gaming license (as defined by IC 4-32.2).
        (6) A bar or tavern:
            (A) that holds:
                (i) a beer retailer's permit under IC 7.1-3-4;
                (ii) a liquor retailer's permit under IC 7.1-3-9; or
                (iii) a wine retailer's permit under IC 7.1-3-14;
            (B) that does not employ an individual who is less than eighteen (18) years of age;
            (C) that does not allow an individual who:
                (i) is less than twenty-one (21) years of age; and
                (ii) is not an employee of the bar or tavern;
            to enter any area of the bar or tavern where smoking is allowed; and
            (D) that is not located in a business that would otherwise be subject to this chapter, unless:
                (i) the bar or tavern is separated from the rest of the business otherwise subject to this chapter by a solid, continuous wall that is connected to the floor and ceiling of the bar or tavern; and
                (ii) smoke from the bar or tavern does not migrate into any area where smoking is prohibited under this chapter.
".
    Page 2, line 38, delete "(4)" and insert " (7)".
    Page 3, line 16, delete "(5)" and insert " (8)".
    Page 3, line 32, delete "(6)" and insert " (9)".
    (Reference is to HB 1149 as printed January 13, 2012.)

________________________________________

Representative McMillin


MO114901/DI 77     2012