HB 1554-FN - AS INTRODUCED
2016 SESSION
\t16-2215
\t08/10
HOUSE BILL\t1554-FN
AN ACT\testablishing a state sports lottery.
SPONSORS:\tRep. Schroadter, Rock. 17; Rep. Mullen, Straf. 1; Rep. Whitehouse, Straf. 2
COMMITTEE:\tWays and Means
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ANALYSIS
\tThis bill defines sports lottery and authorizes the lottery commission to run sports lotteries and license persons to operate sports lottery machines.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2215
\t08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\testablishing a state sports lottery.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Chapter; Sports Lottery. Amend RSA by inserting after chapter 284-A the following new chapter:
CHAPTER 284-B
Sports Lottery
\t284-B:1 Sports Lottery Established. The lottery commission is hereby authorized to conduct a sports lottery. The executive director of the lottery commission shall adopt rules under RSA 541-A regarding the administration of such a lottery, including license requirements, license fees, license renewal procedures, standards for advertising, marketing and promotional materials used by sports lottery agents type and number of sports lottery games to be conducted, the price or prices for any sports lottery games, the rules for any sports lottery games, and the payout and manner of compensation to be paid to winners of sports lottery games.
\t284-B:2 Definitions. In this chapter:
\t\tI. "Sports lottery" means a lottery in which the winners are determined based on the outcome of any professional or collegiate sporting event, held within or without the state, but excluding live or historical horse or dog racing.
\t\tII. "Sports lottery machine" means any machine in which bills, coins or tokens are deposited in order to play a sports lottery game. A machine shall be considered a sports lottery machine notwithstanding the use of an electronic credit system making the deposit of bills, coins or tokens unnecessary.
\t\tIII. “Sports lottery agent” means a person holding a sports lottery license to operate sports lottery machines under RSA 284-B:3.
\t284-B:3 Sports Lottery Licenses.
\t\tI. The lottery commission may license a qualified person which holds a valid liquor license under RSA 176, and which satisfies such fitness and background standards as the lottery commission adopts under RSA 284-B:1, to operate a sports lottery on that property as a sports lottery agent.
\t\tII. If a sports lottery agent holding a valid sports lottery license changes ownership, the license shall automatically terminate 90 days after the date of sale or transfer of the establishment associated with the license. The new owner of the establishment associated with the license shall receive a new license in his or her name so long as he or she holds a valid liquor license under RSA 176 and satisfies such fitness and background standards as the lottery commission adopts under RSA 284-B:1. For purposes of this chapter, a change of ownership shall have occurred if more than 20 percent of the legal or beneficial interests in such person, corporation or association shall be transferred, whether by direct or indirect means.
\t\tIII. Any license granted pursuant to chapter may be revoked or suspended for cause upon 30 days' written notice to the licensee or due to a change in ownership as set forth in paragraph II, but shall otherwise not be subject to expiration or termination. Reasons for revocation shall include falsifying any application for license or report required by the rules and regulations, the failure to report any information required by the rules and regulations, the material violation of any rules and regulations adopted by the lottery commission, the failure to remit any license fees or other amounts due to the state, or any conduct by the licensee which undermines the public confidence in the lottery system or serves the interest of organized gambling or crime and criminals in any manner.
\t\tIV. A license may be revoked for an unintentional violation of any federal, state or local law, rule or regulation provided that the violation is not cured within a reasonable time as determined by the lottery commission; or a longer period where the sports lottery agent has made diligent efforts to cure.
\t\tV. A license to operate as a sports lottery agent may be revoked upon the cancellation or suspension of the license to sell spirits, wine or beer on the property pursuant to RSA 176.
\t\tVI. The lottery commission shall within a reasonable time, if requested, appoint a hearing officer to hold a hearing to determine whether the license should be revoked or suspended. The hearing officer's decision revoking or suspending the license shall be appealable to the superior court.
\t284-B:4 Sports Lottery; Persons Under 21 Prohibited. A person under the age of 21 shall not purchase a sports lottery ticket, or wager on a sports lottery machine, or in any way participate in the sports lottery.
\t2 Sports Lottery; Proceeds to Education Trust Fund. Amend RSA 284:21-j, I to read as follows:
\t\tI. The state treasurer shall credit all moneys received from the lottery commission under RSA 284, 284-B, RSA 287-D, and 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 racing and charitable gaming under RSA 284, 284-B, RSA 287-D, and 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.
\t3 New Subparagraph; Lottery Commission Authorized to Conduct Sports Lottery. Amend RSA 284:21-h, I by inserting after subparagraph (d) the following new subparagraph:
\t\t\t(e) To conduct sports lotteries under RSA 284-B.
\t4 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2215
\t\t\t\t\t\t\t\t\t\t\t11/25/15
HB 1554-FN- FISCAL NOTE
AN ACT\testablishing a state sports lottery.
FISCAL IMPACT:
The Lottery Commission states this bill, as introduced, may increase state revenues and expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no impact on county and local revenues or expenditures.
METHODOLOGY:
The Lottery Commission states this bill allows for the establishment of state sports lottery games. The Commission states depending on the type, number, and frequency of games established, there will be an increase to both state revenues and expenditures. The amount of state revenue generated from this bill, net of expenditures, would be contingent on those factors and therefore indeterminable at this time.