HB1546 (2008) Detail

Allowing the local chief of police to object to games of chance licenses for charitable organizations.


HB 1546-FN – AS INTRODUCED

2008 SESSION

08-2429

08/09

HOUSE BILL 1546-FN

AN ACT allowing the local chief of police to object to games of chance licenses for charitable organizations.

SPONSORS: Rep. Tholl, Coos 2; Rep. Schmidt, Straf 4; Rep. J. Kelley, Hills 26; Sen. Fuller Clark, Dist 24

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill allows the local chief of police to object to games of chance licenses for charitable organization.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2429

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT allowing the local chief of police to object to games of chance licenses for charitable organizations.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Police Chief Approval. Amend RSA 287-D:2-d, I to read as follows:

I. An applicant for a charitable organization license under RSA 287-D:2-a shall apply to the pari-mutuel commission, and upon payment of a fee of $25 per game date [and]. If the applicant meets all other requirements of this chapter, and the police chief files no objection pursuant to RSA 287-D:2-e, a license shall be issued. If an objection is filed, a license may be issued and such license may contain conditions to address the police chief’s concerns. Only one license shall be issued to each applicant per year to operate games of chance for 10 days, which 10 days need not be consecutive. A license issued under RSA 287-D:2-a shall expire on December 31. The pari-mutuel commission shall notify the attorney general and police chief of any city or town where games of chance are held of any applications approved.

2 New Section; Police Chief Approval. Amend RSA 287-D by inserting after section 2-d the following new section:

287-D:2-e Police Chief Approval of the License Application.

I. Within 30 days of receipt of a copy of the application for a charitable organization license pursuant to RSA 287-D:2-a, the police chief shall notify the pari-mutuel commission in writing whether he or she has any objection to the issuance of the requested license and, if so, the specific grounds for the objection and supporting facts. Permissible grounds for objection include, but are not limited to the following:

(a) Documented violations of RSA 287-D:2-b during previous charitable games;

(b) The charity is not located in the community;

(c) The purpose for which the charity was organized is not furthered in the community; and

(d) Previous games of chance conducted by the applicant organization have created undue need for law enforcement presence.

II. In the event that the police chief objects to the issuance of the charitable organization license, the pari-mutuel commission may deny the application, issue an unconditional license, or issue a license with specific conditions to address the concerns of law enforcement. No application for a license shall be denied until a hearing held after due notice to the applicant. At any such hearing the applicant shall be entitled to be heard upon the qualifications of the applicant and the objections of the police chief. The burden of proof shall be on the applicant.

3 Effective Date. This act shall take effect 60 days after its passage.

LBAO

08-2429

11/16/07

HB 1546-FN - FISCAL NOTE

AN ACT allowing the local chief of police to object to games of chance licenses for charitable organizations.

FISCAL IMPACT:

      The Pari-Mutuel Commission states this bill may increase state general fund expenditures by an indeterminable amount in FY 2008 and each fiscal year thereafter. The NH Municipal Association states this bill may increase local expenditures by an indeterminable amount in FY 2008 and each fiscal year thereafter. There will be no fiscal impact on state, county, and local revenue or county expenditures.

METHODOLOGY:

    The Pari-Mutuel Commission states this bill may increase state general fund expenditures for administrative costs related to holding a hearing prior to certain license denials and for costs to enforce conditional licenses.

    The NH Municipal Association states this bill imposes a new responsibility on police chiefs to respond in writing to applications to conduct games of chance, whether they have an objection or not. This responsibility will take some amount of time for police chiefs to carry out, and as a result, require an indeterminable amount of additional expenditures by municipalities.

Links

HB1546 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1546 Revision: 11736 Date: Jan. 1, 2008, midnight

Docket