Senator Hembree proposes the following amendment (SEDU-4706.DB0001S):

Amend the bill, as and if amended, SECTION 1, by striking Section 15-1-350(B) and inserting:

 (B) A racing facility is not subject to any action brought by a surrounding property owner under any nuisance or taking cause of action if the developer of the racing facility obtained all permits required for construction of the racing facility, and established a vested right in the development of the property or contiguous group of properties where the racing facility is located and the development of such could have been discovered by a search of public documents or permits before the surrounding property owner either purchased the real property or constructed any building in the area of the racing facility.

Amend the bill further, SECTION 1, Section 15-1-350, by adding a subsection to read:

 (E) This section does not apply if the racing facility makes a substantial and material expansion of operations that results in a significant increase in the overall intensity of use of the facility, including but not limited to a demonstrable increase in the number of racing event days beyond historical patterns of operation existing before a surrounding property owner either purchased the real property or constructed any building in the area of the racing facility.

Renumber sections to conform.

Amend title to conform.