HB1354 (2010) Detail

Relative to dog racing.


HB 1354 – AS INTRODUCED

2010 SESSION

10-2352

08/03

HOUSE BILL 1354

AN ACT relative to dog racing.

SPONSORS: Rep. Vaillancourt, Hills 15; Rep. Cooney, Graf 7

COMMITTEE: Local and Regulated Revenues

ANALYSIS

This bill removes references to dog racing in the statutes.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2352

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to dog racing.

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

1 Dog Racing; Reference Removed. Amend RSA 15-A:5, I(d)(13) to read as follows:

(13) Horse [or dog] racing, or other legal forms of gambling.

2 Greyhound Racing; Reference Removed. Amend RSA 98-A:1, III to read as follows:

III. “The equivalent of 6 months or more” shall mean the equivalent of 130 or more regularly scheduled work days, not necessarily consecutive, provided that whenever an employee of the racing commission [or greyhound racing commission] is employed on any day on a per diem basis he or she shall be deemed to have worked one day.

3 Dog Racing; Reference Removed. Amend RSA 162-I:2, IX-b(a) to read as follows:

(a) Sports, assembly, arena, or exposition purposes, whether or not now in existence, including, but not limited to, spectator or participation recreation or sports, such as ice hockey, basketball, horse racing, [dog racing,] tennis, or other recreational or sports purposes; or

4 Dog Racing; Reference Removed. Amend the chapter heading of RSA 273-C to read as follows:

[DOG AND] HORSE RACING EMPLOYEES

5 Dog Racing; Reference Removed. Amend RSA 273-C:2, IV to read as follows:

IV. “Employer” means an employing unit which is engaged in [dog or] horse racing[, or both,] and is licensed to operate a race track under RSA 284 and which, in the current calendar year, has or had employees.

6 Dog Racing; Reference Removed. Amend the chapter heading of RSA 284 to read as follows:

HORSE [AND DOG] RACING

7 Dog Racing; Reference Removed. Amend RSA 284:1 to read as follows:

284:1 Limitation. No part of this chapter shall be construed to apply to any racing whatever except running or harness horse races [or dog races].

8 Greyhound Racing; Reference Removed. Amend RSA 284:6-a, II to read as follows:

II. The racing and charitable gaming commission shall assume the powers, rights, duties, and responsibilities granted the state racing commission [and the state greyhound racing commission] under RSA 284, and any reference to the state racing commission [or the state greyhound racing commission] in RSA 284 or other RSA cites shall be deemed to refer to the New Hampshire racing and charitable gaming commission. The New Hampshire racing and charitable gaming commission shall, in carrying out the purpose of this chapter, use the applicable provisions for horse racing [independent of the applicable provisions for dog racing].

9 Greyhound Racing; Reference Removed. Amend RSA 284:12, III to read as follows:

III. The operation of race tracks on which running or harness horse [or dog] races or meets or simulcasting are held.

10 Dog Racing; Reference Removed. Amend RSA 284:12-a to read as follows:

284:12-a License Required; Investigation Fees.

I. No person, association, corporation, or any other type of entity shall hold or simulcast any running or harness horse [or dog] race or meet at or for which pari-mutuel pools are sold without a license from the commission.

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[,RSA 284:20-b], RSA 284:22, 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.

11 Dog Racing; Reference Removed. Amend RSA 284:21 to read as follows:

284:21 Penalty. Except in cases when another penalty is provided in this chapter, any person, association, or corporation holding or conducting, or any person or persons aiding or abetting in the holding or conducting, of any running or harness horse race [or dog race] or meet for public exhibition, at which pari-mutuel pools are sold, without a license duly issued by the commission, or any person, association, or corporation who violates any of the provisions of this chapter, or who violates any of the rules and regulations prescribed by the commission, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

12 Dog Racing; Reference Removed. Amend RSA 284:22-a, VII to read as follows:

VII. 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.

13 Dog Racing; Reference Removed. Amend RSA 284:35 to read as follows:

284:35 False Entry. No person shall knowingly enter or cause to be entered for competition, or knowingly compete with, any horse [or dog] under any other than its true name, or out of its proper class, for any purse, prize, premium, stake, or sweepstakes offered to the winner of a contest of speed.

14 Dog Racing; Reference Removed. Amend RSA 284:36 to read as follows:

284:36 Name. The name of any horse [or dog], for the purpose of entry for competition or performance in any contest of speed, shall be the name under which said horse [or dog] has been registered and has publicly performed, and shall not be changed, except as provided by the code of printed rules of the society or association under which the contest is advertised to be conducted.

15 Dog Racing; Reference Removed. Amend RSA 284:38 to read as follows:

284:38 Malicious Interference with Horses [or Dogs]. Any person who wilfully or maliciously attempts to or does interfere with, tamper with, injure, or destroy by the use of narcotics, drugs, stimulants, or appliances of any kind any horse [or dog] used for the purpose of racing, whether such horse [or dog] be the property of such person or another, or who wilfully or maliciously causes, instigates, counsels, or in any way aids or abets any such interference, tampering, injury, or destruction shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person. The owner of any race horse [or race dog] engaged in racing within this state that is found to have been stimulated or doped, or any entry of which such horse [or dog] is a part, shall be denied any part of the purse offered for such race, and the purse shall be distributed as in the case of a disqualification.

16 Dog Racing; Reference Removed. Amend RSA 284:38-a to read as follows:

284:38-a Trainer as Insurer.

I. The trainer of record shall be responsible for and shall be the insurer of the condition of any kind of horses [or dogs] used for the purposes of racing, which such trainer of record enters to race. For purposes of this section, trainer of record means the person registered and identified as trainer of such horse [or dog] used for the purpose of racing in the records of the racing and charitable gaming commission.

II. The racing and charitable gaming commission, through its judges or stewards, may impose sanctions or penalties upon the trainer of record resulting from the condition of the horse [or dog] entered in a race failing to comply with the rules of the commission. Any person aggrieved by a decision by the commission, shall have the right to appeal the decision to the full commission. Any appeal to the commission shall be in accordance with RSA 284:13.

17 Dog Racing; Reference Removed. Amend RSA 332-D:3 to read as follows:

332-D:3 Sunday Racing Exempted. No provision of this chapter shall prohibit or authorize the prohibition of running or harness horse racing meets [or dog racing meets] on Sunday after midday and no action shall be required because of the provisions of this chapter by the selectmen of a town or the city council of a city or a town meeting to permit any such meet

18 Dog Racing; Reference Removed. Amend RSA 436:104 to read as follows:

436:104 Transient Dogs, Cats, or Ferrets. The provisions of this subdivision with respect to vaccination shall apply to any dog, cat, or ferret owned by a person temporarily remaining within the state of New Hampshire, any dog, cat, or ferret brought into the state for show purposes, [racing] or transient hunting dogs or dogs brought into the state for field trials; each dog, cat, or ferret shall be accompanied by individual rabies certificates and tags showing date of vaccination and type of vaccine used with expiration date.

19 Licensee; Reference Removed. Amend RSA 284:22-a, I(c) to read as follows:

(c) “Licensee” means any individual, association, partnership, joint venture, corporation, or other organization or other entity which holds a license under RSA 284 to conduct a race meet, or if the election is made pursuant to RSA 284:22-a, II(c), “licensee” means any individual, association, partnership, joint venture, corporation, or other organization or entity which holds a license under RSA 284 to conduct simulcasting at a facility at which live running or harness horse racing [or live dog racing] was conducted in 2008.

20 Laboratory Testing; Reference Removed. Amend RSA 284:20-g to read as follows:

284:20-g Contracting and Payment for Laboratory Testing.

I. Beginning April 1, 2008, the racing and charitable gaming commission shall contract with a qualified laboratory to provide laboratory testing services for the commission on horses [or dogs] that perform live at racetracks authorized to conduct live racing in the state. The commission shall issue a request for proposals for such services that sets forth the terms and conditions of the proposed service contract, including the requirements of this section, laboratory qualifications, cost per test, and such other information determined to be relevant by the commission. The commission shall present the contract to the attorney general for review and, upon approval by the attorney general, the proposal shall be submitted to the governor and council for approval. The contract shall expire no later than June 30 of the second year of a biennium. Such laboratory test service agreement shall provide that the laboratory shall send each licensee an invoice for such testing in accordance with paragraph III.

II. The total cost of any contract under this section shall not exceed $300,000 annually. In the event that the aggregate cost of testing exceeds $300,000 based solely upon an increase in live racing within the state, the commission may request an increase in the maximum contract amount from the governor and council.

III. Each licensee shall pay the laboratory for the cost of each laboratory test conducted pursuant to the laboratory test service contract on the horse [or dog] that performed live at the licensee’s track. The laboratory shall provide the licensee with an invoice for such costs within 10 days after the end of each month in which the licensee conducts live racing and the licensee shall pay the invoice within 30 days after receipt of that invoice. Each invoice shall specify the number of tests conducted during the prior month, the identity of the animal tested, the results of each test, and the cost of each test.

21 Cruelty; Reference Removed. Amend RSA 644:8, IV-a(c) to read as follows:

(c)(1) For purposes of subparagraph (a), for facilities licensed to conduct live running or harness horseracing [or live dog racing] pursuant to RSA 284, the appropriate law enforcement officer, animal control officer, or officer of a duly licensed humane society shall:

(A) Notify the [director of the pari-mutuel] racing and charitable gaming commission of the circumstances arising under subparagraph (a);

(B) Enter the grounds of the facility with the [director of the pari-mutuel] racing and charitable gaming commission or such person designated by the [director of the pari-mutuel] racing and charitable gaming commission;

(C) Take such horses [or dogs] into temporary protective custody as determined by the [director of the pari-mutuel] racing and charitable gaming commission or such person designated by the [director of the pari-mutuel] racing and charitable gaming commission; and

(D) Comply with subparagraph (a) after taking a horse [or dog] from a facility licensed pursuant to RSA 284 into temporary protective custody.

(2) This paragraph shall not preempt existing or enforcement authority of the [pari-mutuel] racing and charitable gaming commission, pursuant to RSA 284 or rules and regulations adopted pursuant to such authority.

22 Repeal. The following are repealed:

I. RSA 284:12, II, V, and VIII, relative to rulemaking for dog racing.

II. RSA 284:14-a, relative to the breeding of greyhounds for racing.

III. RSA 284:14-c, relative to the keeping of greyhound records.

IV. RSA 284:14-d, relative to greyhound injuries on racetracks.

V. RSA 284:15-a, relative to licenses for dog racing.

VI. RSA 284:15-c, relative to local options for dog racing.

VII. RSA 284:16-a, relative to the issuance of greyhound racing licenses.

VIII. RSA 284:16-c, relative to greyhound license restrictions.

IX. RSA 284:18-a, relative to rules of greyhound racing.

X. RSA 284:20-b, relative to judges at dog races.

XI. RSA 284:22, IV, relative to commission gained on dog races.

XII. RSA 284:23, III, relative to state moneys received from dog racing.

23 Effective Date. This act shall take effect July 1, 2013.