| 5. Definition. For the purposes of this section, |
| "improvements" means the amount paid out for new buildings or for |
| permanent improvements made to improve the facilities utilized by |
| the licensee for conducting its racing meetings; or the amount |
| expended in restoring property or in improving the facility or |
| any part of the facility that results in the addition, |
| replacement or substantial enhancement or restoration of a fixed |
| asset or of a movable asset that is important to efficient |
| operation of the racing meetings. In general, the amounts |
| referred to as improvements include amounts paid that add to the |
| value, improve or substantially prolong the useful life of the |
| racetrack and moveable assets utilized by the licensee for |
| conducting its racing meetings. Amounts paid or incurred for |
| routine repairs and maintenance of property, interest expense or |
| lease payments in connection with the capital improvements are |
| not improvements within the meaning of this section. In order to |
| qualify as an improvement, a substantial enhancement or |
| restoration of an asset must cost at least $2,000 and must be an |
| expenditure that would qualify for depreciation under the United |
| States Internal Revenue Code. A moveable asset may be considered |
| important to the efficient operation of a race meeting if the |
| asset will remain at the commercial track or tribal commercial |
| track or at the offices of the licensee throughout its use and if |
| that asset is directly associated with running races, |
| accommodating patrons of the race meet, conducting pari-mutuel |
| wagering or paying purses. |