HB 624-FN-A – AS INTRODUCED
2009 SESSION
08/04
HOUSE BILL 624-FN-A
AN ACT establishing a waiver option for live-racing tracks.
SPONSORS: Rep. Wendelboe, Belk 1
COMMITTEE: Local and Regulated Revenues
This bill establishes a waiver option for live-racing tracks.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0775
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT establishing a waiver option for live-racing tracks.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Fees. Amend RSA 284:12-a, II to read as follows:
II. Investigation fees shall be collected by the commission and shall be continually appropriated to the commission and used by the commission to offset the costs of conducting background checks and monitoring of license applicants and licensees as required under this section, RSA 284:16, RSA 284:16-a, RSA 284:18-a, RSA 284:19, RSA 284:20, [and] RSA 284:20-b, and RSA 284:22-a. Funds received hereunder and not expended for such investigations shall lapse to the general fund 2 years after receipt of such funds.
2 Pari-Mutuel Pools. Amend RSA 284:22 to read as follows:
284:22 Pari-Mutuel Pools. During the calendar years of 1941-2029, a licensee under this chapter may sell pari-mutuel pools in accordance with this chapter and rules adopted by the commission. Pari-mutuel pools shall be sold within the enclosure of the racetrack where a licensed race or race meet is held or as provided in RSA 284:22-a, and not elsewhere.
I. The commission on all win, place, and show pari-mutuel pools at tracks or race meets at which running horse races are conducted for public exhibition shall be uniform throughout the state at the rate of 19 percent of each dollar wagered in such pools, and the commission on all other pari-mutuel pools at such tracks or race meets shall be at the rate of not less than 26 percent of each dollar wagered in such pools and not more than 27 percent of each dollar wagered in such pools as determined from time to time by the licensee which conducts live running horse races after written notice to the commission and, in the absence of written notice, at the rate of 26 percent of each dollar wagered in such pools. Except as provided in RSA 284:22-a, the amount of the purse at such tracks or race meets at which running horse races are conducted shall be 8 1/4 percent of each dollar wagered in all pari-mutuel pools, said 8 1/4 percent to be paid by the licensee out of the commission on such pools. [In addition to the above commission, 1/2 of the odd cents of all redistribution based on each dollar wagered exceeding a sum equal to the next lowest multiple of 10, known as “breakage”, shall be retained by the licensee, 1/4 paid to the state treasury for the use of the state in accordance with the provisions of RSA 284:2 and 1/4 shall be paid to the racing and charitable gaming commission. The racing and charitable gaming commission shall distribute such breakage to the licensee which paid such breakage to supplement purses of live races conducted by the licensee at the location from which such breakage was paid. Each licensee shall pay the tax provided for in RSA 284:23.] In addition to the commission, 3/4 of breakage shall be retained by the licensee and 1/4 of breakage shall be paid to the state treasurer for deposit in the general fund. For purposes of this paragraph, “breakage” means the odd cents of all redistribution based on each dollar wagered exceeding a sum equal to the next lowest multiple of 10.
II. The commission on all win, place, and show pari-mutuel pools at tracks or race meets at which harness horse races are conducted for public exhibition, including those conducted by agricultural fairs, shall be uniform throughout the state at the rate of 19 percent of each dollar wagered in such pools, and the commission on all other pari-mutuel pools at such tracks or race meets shall be at the rate of not less than 25 percent of each dollar wagered in such pools and not more than 26 percent of each dollar wagered in such pools as determined from time to time by the licensee which conducts live harness horse racing after written notice to the commission and, in the absence of such written notice, at the rate of 25 percent of each dollar wagered in such pools. [In addition to the above commission, 1/2 of the odd cents of all redistribution based on each dollar wagered exceeding a sum equal to the next lowest multiple of 10, known as “breakage”, shall be retained by the licensee, 1/4 paid to the state treasury for the use of the state in accordance with the provisions of RSA 284:2 and 1/4 shall be paid to the racing and charitable gaming commission. The racing and charitable gaming commission shall distribute such breakage to the licensee which paid such breakage to supplement purses of live races conducted by the licensee at the location from which such breakage was paid.] Each licensee shall pay the tax provided for in RSA 284:23. In addition to the commission, 3/4 of breakage shall be retained by the licensee and 1/4 of breakage shall be paid to the state treasurer for deposit in the general fund. For purposes of this paragraph, “breakage” means the odd cents of all redistribution based on each dollar wagered exceeding a sum equal to the next lowest multiple of 10.
III. For the purposes set forth in this section, an “agricultural fair” means an association which provides for and pays premiums of $5,000 or more, annually, as is determined by the commissioner of agriculture, markets, and food, in accordance with RSA 284:25.
IV. The commission on all win, place, and show pari-mutuel pools at tracks or race meets at which dog races are conducted for public exhibition shall be uniform throughout the state at the rate of 19 percent of each dollar wagered in such pools; and the commission on all other pari-mutuel pools at such tracks or race meets shall be at the rate of not less than 26 percent of each dollar wagered in such pools and not more than 27 percent of each dollar wagered in such pools as determined from time to time by the licensee which conducts live dog racing after written notice to the commission and, in the absence of such written notice, at the rate of 26 percent of each dollar wagered in such pools. [In addition to the above commission, 1/2 of the odd cents of all redistribution based on each dollar wagered exceeding a sum equal to the next lowest multiple of 10, known as “breakage”, shall be retained by the licensee, 1/4 paid to the state treasury for the use of the state in accordance with the provisions of RSA 284:2 and 1/4 shall be paid to the racing and charitable gaming commission. The racing and charitable gaming commission shall distribute such breakage to the licensee which paid such breakage to supplement purses of live races conducted by the licensee at the location from which such breakage was paid.] Each licensee shall pay the tax provided for in RSA 284:23. In addition to the commission, 3/4 of breakage shall be retained by the licensee and 1/4 of breakage shall be paid to the state treasurer for deposit in the general fund. For purposes of this paragraph, “breakage” means the odd cents of all redistribution based on each dollar wagered exceeding a sum equal to the next lowest multiple of 10.
3 Sales. Amend RSA 284:22-a, II(a)(1) to read as follows:
(1) Such sales are within the enclosure of the racetrack at which the licensee holds a license for the current year to conduct live racing in this state or, if such licensee makes an agreement as provided pursuant to RSA 284:22-a, II(a)(3)(B), within the enclosure of the racetrack maintained by such licensee as provided in RSA 284:22-a, II(a)(3)(B)(ii);
4 Pari-Mutuel Pools on Simulcast Racing. RSA 284:22-a, II(a)(3) is repealed and reenacted to read as follows:
(3) The licensee is seeking to sell such pools at a facility where a licensee scheduled and was licensed to conduct at least 50 calendar days of live racing in the calendar year 2008; and
5 Pari-Mutuel Pools on Simulcast Racing. Amend RSA 284:22-a, IV-V to read as follows:
IV. [A licensee which has scheduled less than 50 calendar days of live racing in a calendar year may simulcast on a day on which live racing is scheduled at the licensee's race track, without conducting live racing, provided that the live racing program is cancelled due to weather or other conditions which produce unsafe conditions at the racetrack of the licensee. The determination to cancel a live program based upon weather or the condition of the racetrack shall be made by the licensee, and notice shall be provided to the commission. Notwithstanding the foregoing, a licensee which has scheduled less than 50 calendar days of live racing shall be limited to no more than 10 such cancellations in a calendar year.
V.](a) A licensee may sell pari-mutuel pools for simulcast races for races held at racetracks within or outside the state of New Hampshire in accordance with RSA 284:22-a, II, within the enclosure of said licensee's racetrack or a licensee, with the written agreement with the licensee which conducts or transmits the race which is to be simulcast, may sell a common pari-mutuel pool in conjunction with the licensee which conducts or transmits the race which is to be simulcast. In the event of common pools, the licensee which conducts or transmits the race shall pay the tax required under RSA 284:23 for the portion of the common pool actually contributed at said licensee's racetrack and the licensee which simulcasts shall pay the tax due under RSA 284:23 for the portion of the common pool actually contributed at said licensee's racetrack.
(b) A licensee may sell pari-mutuel pools for simulcast races for races held at racetracks outside the state of New Hampshire in accordance with RSA 284:22-a, II, within the enclosure of said licensee's racetrack or said licensee, with the written agreement with the entity which conducts the race which is to be simulcast, may sell a common pari-mutuel pool in conjunction with the entity which conducts the race which is to be simulcast. In the event of such common pools, the commission shall be in the amount established by the law of the state in which the race to be simulcast is actually conducted, provided, however, the licensee shall pay the tax as provided under RSA 284:23.
6 Pari-Mutuel Pools on Simulcast Racing. Amend RSA 284:22-a, VIII to read as follows:
VIII. RSA 284:22, I, II, III, and IV shall apply according to the type of race on which the simulcast wagers are made, excepting, however, interstate common pools as provided in [RSA 284:22-a, V(b)] RSA 284:22-a, IV(b) and that the provisions made for purses made in RSA 284:22, I shall not apply to simulcast races. The commission on simulcast race pools shall be available to the simulcasting licensee to satisfy obligations to the racing association originating or transmitting such simulcast races or to the horsemen's group of such association.
7 Committee Established. There is established a committee to study standardizing the treatment of racing dogs.
8 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) No more than 5 members of the house of representatives, appointed by the speaker of the house of representatives, one of whom shall be a member of the environment and agriculture committee.
(b) One member of the senate, appointed by the president of the senate.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
9 Duties. The committee shall study the following issues as related to dogs at racetracks:
I. Minimum standards for cage size for racing dogs at racetracks.
II. Requirements for the time dogs spend outside of their cages at racetracks.
III. The euthanasia policy of racetracks.
IV. The illness treatment policy of racetracks.
V. The adoption policy of racetracks.
VI. Feeding standards of racetracks.
VII. Any other issues related to dogs at racetracks.
10 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
11 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the chairperson of the house environment and agriculture committee, the president of the senate, the chairperson of the senate executive departments and administration committee, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2009.
12 Effective Date.
I. Section 1-6 of this act shall take effect January 1, 2011.
II. The remainder of this act shall take effect upon its passage.
LBAO
09-0775
01/22/09
HB 624-FN-A - FISCAL NOTE
AN ACT establishing a waiver option for live-racing tracks.
FISCAL IMPACT:
The Racing and Charitable Gaming Commission states this bill will have an indeterminable fiscal impact on state general fund revenue and expenditures in FY 2009 and each year thereafter. There is no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Racing and Charitable Gaming Commission states this bill will allow simulcast sales within the enclosure of a racetrack where a licensee holds a license for the current year to conduct live racing. To hold a live racing license, racetracks would be required to conduct some amount of live racing. The Commission states the bill does not specify how many days of live racing will be required and has no data to determine how many days of live racing will be scheduled by the racetracks. As of December 2008, New Hampshire has 2 licensed greyhound tracks and one licensed harness track. The Commission states, using calendar year 2007 data, a day of live racing generates the following:
Greyhound Live Racing
Tax and Breakage Revenue $185.00
Fine Revenue $ 3.70
Total $188.70
Expenses $331.00
Harness Live Racing
Tax and Breakage Revenue $364.00
Fine Revenue $150.00
Total $514.00
Expenses $1,129.00
In addition the Commission has expenditures related to administration and enforcement.