HB 715-FN-A – AS INTRODUCED
2005 SESSION
08/10
HOUSE BILL 715-FN-A
AN ACT relative to the regulation of bingo and lucky 7.
SPONSORS: Rep. Hess, Merr 9; Rep. Kurk, Hills 7; Rep. Hager, Merr 12; Rep. Almy, Graf 11; Rep. Pratt, Ches 2; Sen. Foster, Dist 13
COMMITTEE: Executive Departments and Administration
This bill transfers authority for the administration and enforcement of bingo and lucky 7 to the department of safety.
This bill also makes various other changes to bingo and lucky 7 laws.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0175
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to the regulation of bingo and lucky 7.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Director of Charitable Trusts; Investigations. Amend RSA 7:24 to read as follows:
7:24 Investigation. The attorney general may investigate at any time charitable trusts, charitable solicitations, charitable gambling, and charitable sales promotions for the purpose of determining and ascertaining whether they are administered in accordance with law and with the terms and purposes thereof. For the purposes of such investigation the attorney general may require any person, agent, trustee, fiduciary, beneficiary, institution, association, corporation, or political agency administering a trust, charitable solicitation, charitable gambling, or charitable sales promotion or having an interest therein, or knowledge thereof, to appear [at the state house] at such time and place as the attorney general may designate then and there under oath to produce for the use of the attorney general any and all books, memoranda, papers of whatever kind, documents of title or other evidence of assets or liabilities which may be in the ownership or possession or control of such person, agent, trustee, fiduciary, beneficiary, institution, association, corporation, or political agency and to furnish such other available information relating to said trust, charitable solicitation, or charitable sales promotion as the attorney general may require.
2 Bingo and Lucky 7; Change of Authority. Amend RSA 21-I:18, I(n) to read as follows:
(n) The purchase of gaming tickets and their dispensing equipment by the [pari-mutuel commission] commissioner of safety under RSA 287-E. The [pari-mutuel commission] commissioner of safety shall make such purchases under competitive bidding requirements, except when waived by the [pari-mutuel commission] commissioner of safety or [its] his or her authorized agent with written justification.
3 New Subparagraph; Department of Justice; Additional Functions. Amend RSA 21-M:2, II by inserting after subparagraph (d) the following new subparagraph:
(e) Administering and enforcing RSA 287-E.
4 Commissioner of Safety; Duties. Amend the introductory paragraph of RSA 21-P:4, VI to read as follows:
VI. Have the discretion to grant to bingo and lucky 7 inspectors within the [pari-mutuel commission] department certain limited police powers as follows:
5 New Paragraph; Division of State Police; Bingo and Lucky 7 Enforcement. Amend RSA 21-P:7 by inserting after paragraph III the following new paragraph:
IV. The division of state police shall be responsible for bingo and lucky 7 enforcement and any other duties performed by bingo and lucky 7 inspectors.
6 New Subparagraph; Commissioner of Safety; Rulemaking. Amend RSA 21-P:14, II by inserting after subparagraph (dd) the following new subparagraph:
(ee) Bingo and lucky 7 inspection and enforcement, as authorized by RSA 287-E and RSA 21-P:4.
7 Bingo and Lucky 7; Transfer of Authority. Amend RSA 284:21-a to read as follows:
284:21-a State Lottery Commission. There shall be and hereby is created a state lottery commission consisting of 3 members who shall be appointed and may be removed for cause by the governor with the advice and consent of the council. One member shall be appointed for one year, one for 2 years and one for 3 years, and upon the expiration of their terms of office their successors shall be appointed for a term of 3 years. Any vacancy shall be filled by appointment for the unexpired term. The members shall serve until their successors are appointed and qualified. [No member of the commission shall have any pecuniary or other interest in any supplier or agent to the commission, or in any supplier or lessor of bingo equipment or halls, or in any officer of a bingo licensee licensed under RSA 287-E, or in any licensee licensed under the provisions of this chapter.]
8 Bingo and Lucky 7; Transfer of Authority. Amend RSA 284:21-j, I to read as follows:
I. The state treasurer shall credit all moneys received from the lottery commission [and all moneys received from the pari-mutuel commission under RSA 287-E,] and interest received on such moneys, to a special fund from which the treasurer shall pay all expenses of the commission incident to the administration of this subdivision [and all administration and enforcement expenses of the pari-mutuel commission under RSA 287-E]. Any balance left in such fund after such expenses are paid shall be deposited in the education trust fund established under RSA 198:39.
9 Games of Chance; Definition. Amend RSA 287-D:1, IV to read as follows:
IV. “Ice-out contest” means a contest conducted by a charitable organization whereby a marker is placed on a frozen lake and the person most closely estimating the day and time the marker falls through the ice wins [1/2] a portion of the contest proceeds collected by the charitable organization.
10 Games of Chance. Amend the introductory paragraph of RSA 287-D:2 to read as follows:
A charitable organization may conduct games of chance only to promote the purpose for which it was organized, in the manner hereinafter provided and not otherwise:
11 Games of Chance; Operation. Amend RSA 287-D:2-b, III to read as follows:
III. No one under the age of 18 years shall be admitted to the premises on which games of chance are being conducted, except when the games are being conducted at a carnival. Proof of age shall be produced upon request of the [lottery commission] chief of police or the commissioner of safety. When games of chance are conducted at a carnival, persons under the age of 18 years may be admitted to the premises on which the games are being conducted when accompanied and supervised by a parent or legal guardian; but persons under the age of 18 shall not be permitted to play games of chance at a carnival.
12 Games of Chance; Wagers. Amend RSA 287-D:3, V to read as follows:
V. No single wager by a player, on any game of chance, shall exceed the amount of $2. In games that involve more than one round of wagering per game, the total amount wagered in any single game shall not exceed $6. When wagers are placed using chips, tokens, or other substitutes for money, the value assigned to each chip shall be the proportionate cost to the player for purchasing each chip. Any fee charged to a player to participate in a game of chance and which entitles the player to a number of chips, shall be assigned to the value of the chips. No other fees or other costs shall be charged to the players.
13 New Section; Games of Chance; Wagers. Amend RSA 287-D by inserting after section 3 the following new section:
287-D:3-a Distribution of Revenue. When revenues, minus the reasonable costs for supplies, on any particular game date are in excess of $1000, at least 80 percent of the game revenue on that day shall either be awarded as prizes or used to fund the purpose for which the charitable organization is established.
14 Games of Chance; Fees. Amend RSA 287-D:5, IV(c)–(d) to read as follows:
(c) The names and addresses of the members who [participated in] operated the games of chance.
(d) The name and address of, and amount of compensation to, any fundraising counsel or paid solicitor involved in [conducting] operating the games of chance.
15 Games of Chance; Fees. Amend RSA 287-D:5, VI to read as follows:
VI. All financial reports filed by charitable organizations shall be maintained by the chief of police and attorney general for a period of at least one year from the date of filing and shall be open to public inspection.
16 Bingo and Lucky 7; Transfer of Authority. Amend RSA 287-E:2 to read as follows:
287-E:2 Administration and Enforcement. The [pari-mutuel commission] commissioner of safety shall administer and enforce this subdivision relating to bingo.
17 New Section; Bingo and Lucky 7; Distribution of Revenue. Amend RSA 287-E by inserting after section 8-a the following new section:
287-E:8-b Distribution of Revenue. If revenues, minus reasonable costs of supplies, on any individual game date are in excess of $1000, then at least 80 percent of the net game revenue on that day shall either be awarded as prizes or used to fund the purpose for which the charitable organization is established.
18 Transfer of Authority. Amend RSA 287-E:16 to read as follows:
287-E:16 Administration and Enforcement. The [pari-mutuel commission] commissioner of safety shall administer and enforce this subdivision relating to the sale of lucky 7 tickets.
19 Lucky 7 Licenses. Amend RSA 287-E:20, IV to read as follows:
IV. At least 45 percent of the gross revenues from the sale of lucky 7 tickets shall be paid as prizes. All revenues from the sale of lucky 7 tickets, minus amounts awarded as prizes and the reasonable costs of the tickets and dispensing machines, shall be applied to the purpose for which the charitable organization was established.
20 Lucky 7 Dispensers; Approval by Lottery Commission. Amend RSA 287-E:21, III-a to read as follows:
III-a. Lucky 7 tickets may be sold by dispenser devices approved by the lottery commission and located at the regular meeting place of, or at a facility owned, leased, or utilized by, the licensee for its activities.
21 New Paragraph; Gambling; Additional Offenses. Amend RSA 647:2 by inserting after paragraph I-a the following new paragraph:
I-b. A person is guilty of a class B felony if such person conducts, finances, manages, supervises, directs or provides consulting services pertaining to any portion of any charitable gambling activity licensed under title XXIV unless such person:
(a) Is a bona fide member of the licensed charity;
(b) Receives no compensation other than the amount of reimbursement for expenses allowed under title XXIV; and
(c) Otherwise complies with title XXIV.
22 Gambling; Definition. Amend RSA 647:2, II(d) to read as follows:
(d) “Gambling” means to risk something of value upon a game, contest, gaming scheme, or future contingent event [not under one’s control or influence,] upon an agreement or understanding that something of value will be received in the event of a certain outcome. Gambling includes without limitation, card games, betting on sporting events, craps, roulette, and Texas hold ‘em.
23 Gambling; Definition Exceptions. Amend RSA 647:2, V(a) to read as follows:
(a) Dispenser devices approved by the [pari-mutuel] lottery commission and the commissioner of safety which are located at the regular meeting place of, or at a facility owned, leased, or utilized by, a charitable organization licensed under RSA 287-E:20.
24 Repetitive Name Change. Change from Commission to commissioner of safety. Amend the following RSA provisions by replacing “commission” with “commissioner of safety”: RSA 287-E:3; RSA 287-E:4-5; 287-E:7; 287-E:8-a; 287-E:9-12; 287-E:14-15; 287-E:18; 287-E:18-a; 287-E:19; the introductory paragraph of RSA 287-E:20; 287-E:21, I-II; and 287-E:22-26.
25 Repeal. The following are repealed:
I. RSA 284:6-a, IV, relative to the pari-mutuel commission’s administration of bingo and lucky 7.
II. RSA 284:12, IX, relative to rulemaking by the pari-mutuel commission with regard to bingo and lucky 7.
III. RSA 287-E:1, VI, relative to definition of commission with regard to bingo and lucky 7.
IV. RSA 287-E:3-a, relative to forwarding copies of bingo and lucky 7 records to the commissioner of safety.
V. RSA 287-E:18, VI relative to inspection and enforcement of bingo and lucky 7 by the pari-mutuel commission.
VI. RSA 287-E:18-a relative to forwarding copies of bingo and lucky 7 records to the commissioner of safety.
26 Transfer of Authority. The department of safety shall assume all authority, functions, duties, and responsibilities of the pari-mutuel commission regarding the administration, licensing, and enforcement of RSA 287-E. All existing rules adopted by the lottery commission and transferred to the pari-mutuel commission for the administration, licensing, and enforcement of RSA 287-E shall remain in effect and be enforced by the commissioner of safety.
27 Transfer; Status of State Employees. Classified employees of the pari-mutuel commission responsible for the administration and licensing of bingo and lucky 7 shall be transferred to the department of justice. The transfer provided for in this section shall include all of the personnel, books, papers, records, equipment, unexpended appropriations, or other available funds, property, or obligations of any kind of the pari-mutuel commission for administration and licensing of bingo and lucky 7. The transfer provided for in this paragraph shall include the following personnel from the pari-mutuel commission: position numbers 14393, 14402, 14410, 14418, 14424, 14425, 17114, and 17116.
28 Effective Date. This act shall take effect 60 days after its passage.
LBAO
05-0175
2/1/05
HB 715-FN-A - FISCAL NOTE
AN ACT relative to the regulation of bingo and lucky 7.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.