HB 630-FN-A – AS INTRODUCED
2009 SESSION
08/04
HOUSE BILL 630-FN-A
AN ACT relative to live racing in New Hampshire.
SPONSORS: Rep. Cooney, Graf 7; Rep. Skinder, Sull 1; Rep. Reagan, Rock 1; Rep. S. Harvey, Hills 21; Rep. Gile, Merr 10
COMMITTEE: Local and Regulated Revenues
This bill prohibits live greyhound racing in New Hampshire in 2010, and allows for the retention of simulcast privileges.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0444
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to live racing in New Hampshire.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Live Greyhound Racing Prohibited. Amend RSA 644 by inserting after section 8-f the following new section:
644:8-g Live Greyhound Racing Prohibited. Notwithstanding the provisions of any general or specific law to the contrary, no live greyhound racing shall be conducted or permitted for gambling purposes and the New Hampshire Racing and charitable gaming commission shall not accept or approve any application for a license or request for racing dates for live greyhound racing. For the purposes of the section, “live greyhound racing” refers to a racing meeting held in the state where any form of betting or wagering on the speed or ability of greyhounds occurs.
2 Simulcast Privileges Preserved. Amend RSA 284:22-a to read as follows:
284:22-a Pari-Mutuel Pools on Simulcast Racing.
I. In this section:
(a) “State” means each state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession of the United States.
(b) “Simulcast” means a licensee’s receipt of the transmission of races conducted at a racetrack other than the licensee’s racetrack and which races are exhibited simultaneously at the licensee’s racetrack by television or other means of electronic reproduction with the conduct of such races at the point of origin and on which races the licensee sells pari-mutuel pools.
(c) “Licensee” means any individual, association, partnership, joint venture, corporation, or other organization or other entity which [holds] held a license on January 1, 2009 under RSA 284 to conduct a race meet.
II.(a) During the calendar years 1941-2029, a licensee may sell pari-mutuel pools on races held at racetracks other than the racetrack at which the licensee conducts its race meet, provided:
(1) Such sales are within the enclosure of the racetrack at which the licensee [holds] held a license [for the current year] on January 1, 2009 to conduct live racing in this state;
(2) Wagers are made on races which are exhibited by television or other means of electronic reproduction at the licensee’s racetrack simultaneously with the conduct of each such race at its point of origin with the agreement or approval of the racetrack which provides the transmission of the races to be simulcast and the racetrack which conducts the races to be simulcast; and
(3) [The licensee has scheduled at least 50 calendar days of live racing in the calendar year in which the licensee simulcasts, or if the licensee does not have scheduled at least 50 calendar days of live racing in such calendar year, the licensee conducts live racing on the day on which the licensee simulcasts; and
(4)] The licensee obtains the consents and approvals set forth in RSA 284:22-a, III.
(b) [Repealed.]
III. A licensee may sell pari-mutuel pools on races held at other appropriately licensed racetracks, whether such racetracks are in the state of New Hampshire or outside the state of New Hampshire with the agreement or approval of the racetrack which provides the transmission of the races to be simulcast and the racetrack which conducts the races to be simulcast. A licensee may sell pari-mutuel pools under RSA 284:22-a on the same types of races that it [conducts] conducted live at its racetrack as of January 1, 2009 with the approval of the commission. A licensee may sell pari-mutuel pools under RSA 284:22-a on types of races different from the type of races conducted live at the licensee’s racetrack provided:
(a) The licensee obtains the approval of the commission; and
(b) The licensee shall have received city or town approval under RSA 284:17 to conduct the type of racing which is to be simulcast prior to or subsequent to the effective date of RSA 284:22-a; the type of racing which is to be simulcast shall have been approved by the city or town in which the licensee’s racetrack is located in accordance with RSA 284:17 prior to or subsequent to the effective date of RSA 284:22-a; or the acceptance of wagers or simulcast races of a type other than the type of racing which the licensee conducts live at its racetrack shall have been approved by a majority vote at an annual town meeting or special town meeting called for such purpose in the town in which the licensee’s racetrack is located.
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.
[VI.] V. Racing officials, as defined in the rules adopted by the commission, any employee or owner of the entity which provides the totalizator system to the licensee, and any person responsible for the operation of the electronic reproduction equipment which receives the simulcast shall be prohibited from participating in wagering, directly or indirectly, on simulcast races shown at the licensee’s racetrack.
[VII.] VI. The provisions of RSA 284:15-c, RSA 284:16-a, RSA 284:16-c, RSA 284:17, RSA 284:17-a, and RSA 284:17-c shall not apply to simulcast and pari-mutuel pools under RSA 284:22-a, except as specifically provided in RSA 284:22-a.
[VIII.] VII. 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(a) 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.
2 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0444
Revised 01/29/09
HB 630 FISCAL NOTE
AN ACT relative to live racing in New Hampshire.
FISCAL IMPACT:
The Racing and Charitable Gaming Commission states this bill may decrease state general fund revenue by $39,283 in FY 2010 and $78,565 in FY 2011 and each year thereafter and may decrease state general fund expenditures by $44,775 in FY 2010 and $89,550 in FY 2011 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 prohibit live greyhound racing and allow 2009 licensees to simulcast without the requirement for live racing beginning January 1, 2010. The Commission states this bill would also allow simulcasting without requiring live racing. 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 in state revenue and state expenditures:
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
The Commission states it would have an indeterminable decrease in expenditures related to administration and enforcement.
In addition to no live racing at the greyhound tracks, the Commission assumes the harness track would choose not to have any live racing. The Commission states greyhound live racing license fees are $2,378 per greyhound track and harness live racing license fees are $29,240 per harness track. The Commission assumes each licensed racetrack would have had 50 live racing days each year, resulting in the following decreases in state revenue and state expenditures:
FY 2010 |
FY 2011 |
FY 2012 |
FY 2013 | |
Greyhound Live Racing License fees |
$2,378 |
$4,755 |
$4,755 |
$4,755 |
Greyhound Live Racing Tax and Breakage |
9,250 |
18,500 |
18,500 |
18,500 |
Greyhound Live Racing Fines |
185 |
370 |
370 |
370 |
Harness Live Racing License Fees |
14,620 |
29,240 |
29,240 |
29,240 |
Harness Live Racing Tax and Breakage |
9,100 |
18,200 |
18,200 |
18,200 |
Harness Live Racing Fines |
3,750 |
7,500 |
7,500 |
7,500 |
Total Decrease in State Revenue |
$39,283 |
$78,565 |
$78,565 |
$78,565 |
Greyhound Live Racing Average Expense |
$16,550 |
$33,100 |
$33,100 |
$33,100 |
Harness Live Racing Average Expense |
$28,225 |
$56,450 |
$56,450 |
$56,450 |
Total Decrease in State Expenditures |
$44,775 |
$89,550 |
$89,550 |
$89,550 |