SB 408-FN - AS AMENDED BY THE SENATE
02/22/2018 0655s
2018 SESSION
18-2818
08/10
SENATE BILL 408-FN
AN ACT licensing historic racing.
SPONSORS: Sen. French, Dist 7; Sen. Innis, Dist 24; Sen. Soucy, Dist 18; Sen. Reagan, Dist 17; Sen. D'Allesandro, Dist 20; Sen. Woodburn, Dist 1; Rep. D. Sullivan, Hills. 8; Rep. J. Graham, Hills. 7
COMMITTEE: Ways and Means
─────────────────────────────────────────────────────────────────
ANALYSIS
This bill defines and regulates pari-mutuel pools on historic horse racing.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/22/2018 0655s 18-2818
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT licensing historic racing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Limitation; Application of Chapter to Historic Racing. Amend RSA 284:1 to read as follows:
284:1 Limitation. This chapter shall be construed to apply only to running or harness horse racing, whether live, [or] simulcast, or historic, or simulcast dog racing.
2 Racing and Charitable Gaming; Historic Racing. Amend RSA 284:6-a, VI to read as follows:
VI. The lottery commission shall not authorize the use of any electronic gaming device in connection with the acceptance of wagers on running or harness horse racing, whether live, historic, or simulcast, or simulcast dog racing, the type of which was not in use prior to January 1, 2011, unless specific authorization for such electronic gaming device is enacted by the general court. Electronic gaming devices shall mean and include all electro-mechanical instruments and devices used for the purposes of gaming, other than wagering on live, historic, or simulcast horse racing or simulcast dog racing, whether in physical presence or through the Internet, and such shall include, but not be limited to, video slot machines and other gambling devices which function or are designed to function to emulate a video slot machine[ or historic racing machine]. This section shall not be interpreted to prohibit licensees under RSA 284 from replacing equipment used in the conduct of wagering on live, historic, or simulcast horse racing or simulcast dog racing, which type of equipment was in service prior to January 1, 2011, with updated or new equipment which are the functional equivalent of the machines which are being replaced, provided the equipment is not an electronic gaming device as described in the previous sentence. This section shall not be interpreted as prohibiting licensees from accepting account wagers in compliance with applicable rules and regulations.
VII. Notwithstanding the provisions of RSA 284:6-a, VI, the lottery commission shall authorize wagers on historic horse races, whether on an electronic gaming device or otherwise, so long as such wagers meet the requirements of this chapter.
3 Rulemaking; Historic Horse Racing. Amend RSA 284:12, IV to read as follows:
IV. The sale of pari-mutuel pools as authorized under RSA 284:22, [and] RSA 284:22-a, and RSA 284:22-b.
4 Investigation Fees. Amend RSA 284:12-a, I to read as follows:
I. No person, association, corporation, or any other type of entity shall hold any live running or harness race or meet, shall offer wagers on historic horse races, or shall conduct any simulcast running or harness horse or dog race or meet, at which pari-mutuel pools are sold without a license from the lottery commission.
5 New Section; Requirements for License to Conduct Historic Horse Race Wagering. Amend RSA 284 by inserting after section 15-d the following new section:
284:15-e Requirements for Conducting Historic Horse Race Wagering.
I. Any person, association, corporation, or any other type of entity who holds a license under RSA 284 to accept pari-mutuel wagers may accept wagers on historic horse races.
II. Any person who holds a license under RSA 287-D may accept wagers on historic horse races.
6 New Section; Parimutuel Pools on Historic Horse Racing. Amend RSA 284 by inserting after section 22-a the following new section:
284:22-b Pari-mutuel Pools on Historic Horse Racing.
I. In this section:
(a) "Historic horse race” means
(1) Any horse race, whether running or harness, that was previously conducted at a licensed pari-mutuel facility;
(2) Concluded with official results; and
(3) Concluded without scratches, disqualifications, or dead-heat finishes.
(b) "Licensee'' means
(1) Any person who, as of December 31, 2017, holds a license under RSA 284; or
(2) Any individual, association, partnership, joint venture, corporation, or other organization or other entity which holds a license under RSA 287-D and meets the requirements of RSA 284:15.
II. A licensee under this chapter or RSA 287-D may sell pari-mutuel pools on historic horse races provided such sales are within the enclosure of the facility at which the licensee holds a license.
III. In accordance with the provisions of RSA 284:6-a, wagering on historic horse races may take place on electronic gaming devices provided that:
(a) All wagers use the pari-mutuel method of wagering;
(b) A licensee at all times maintains at least 2 terminals offering the same type of wager on historic horse races;
(c) The terminal makes available true and accurate past performance information on each historic horse race prior to the patron making his or her selections;
(d) The terminal shall display a replay of each race, or a portion thereof, whether digital or by way of a video recording, and the official results of each race. The identity of each race shall be revealed to the patron after the patron has placed his or her wager;
(e) The terminals have been tested by an independent testing laboratory to ensure integrity and proper working order; and
(f) Each terminal displays pool amounts that the patron will receive for a winning wager on each pari-mutuel wagering pool.
IV. Racing officials, any employee or owner of the person who provides the totalizator system to the licensee, and any person responsible for the operation of the electronic reproduction equipment which operates the historic horse racing and wagering shall be prohibited from participating in wagering, directly or indirectly, on historic horse races offered at the licensee's facility.
V. The licensee commission on all historic horse race pari-mutuel pools shall be at a rate of not greater than 19 percent. In addition to the above commission, 100 percent 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 paid to the lottery commission. Each licensee shall pay the tax provided for in RSA 284:23.
VI. Each licensee shall collect an amount equal to the tax provided for in RSA 284:23, I(b). Each game operator employer as defined in RSA 287-D who is licensed to conduct wagering on historic horse racing under this chapter shall distribute 35 percent of the amount collected to charitable organizations with who the game operator contracts on each licensed game date. The remainder of the total amount collected by the game operator employer under this paragraph shall be paid to the lottery commission for use according to the special fund established by RSA 284:21-j.
7 Effective Date. This act shall take effect upon its passage.
18-2818
Amended 3/5/18
SB 408-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2018-0655s)
AN ACT licensing historic racing.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
|
| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $319,521 | $319,521 | $319,521 | $319,521 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Lottery Fund | |||
METHODOLOGY:
This bill allows for the installation of historic horse racing machines at simulcast and games of chance facilities. Based on the assumptions below, this bill is estimated to generate an additional $319,521 in Lottery Fund revenue in FY 2019 and each fiscal year thereafter (pursuant to RSA 284:21-j, I, lottery fund balance, or net profit, shall be deposited in the education trust fund at the end of the fiscal year):
Assumptions
| FY 2019 and Each Year Thereafter |
Simulcast Facilities | |
Total Historic Horse Racing Machines | 6 |
Total Daily Handle ($1,200 per machine per day) | $7,200 |
Total Annual Handle | $2,628,000 |
Net State Revenue (1.25% of Total Contributions) | $32,850 |
Game Operators | |
Total Historic Horse Racing Machines | 52 |
Total Daily Handle ($1,200 per machine per day) | $62,400 |
Total Annual Handle | $22,776,000 |
State Revenue (1.25% of Total Contributions) | $284,700 |
Less: 35% to Charity | ($99,645) |
Net State Revenue | $185,055 |
Simulcast and Game Operators | |
Net State Revenue from Simulcast and Game Operators | $217,905 |
Estimated Unclaimed Tickets (.25% of Handle) | $63,510 |
Estimated Breakage (.15% of Handle) | $38,106 |
Total Estimated State Revenue | $319,521 |
The Lottery Commission states any additional costs it may incur under this bill would be minimal, if any.
AGENCIES CONTACTED:
Lottery Commission
| Date | Body | Type |
|---|---|---|
| Jan. 10, 2018 | Senate | Hearing |
| Feb. 22, 2018 | Senate | Floor Vote |
| March 8, 2018 | Senate | Floor Vote |
| March 20, 2018 | House | Hearing |
| March 27, 2018 | House | Exec Session |
April 5, 2018: Refer for Interim Study: MA VV 04/05/2018 HJ 11 P. 17
: Minority Committee Report: Inexpedient to Legislate
: Majority Committee Report: Refer for Interim Study (Vote 16-4; RC)
April 5, 2018: Majority Committee Report: Refer for Interim Study for 04/05/2018 (Vote 16-4; RC) HC 13 P. 8
March 27, 2018: Executive Session: 03/27/2018 LOB 202
March 27, 2018: Full Committee Work Session: 03/27/2018 11:00 AM LOB 202
March 20, 2018: Public Hearing: 03/20/2018 02:00 PM LOB 202
March 7, 2018: Introduced 03/07/2018 and referred to Ways and Means HJ 7 P. 53
March 8, 2018: Ought to Pass: MA, VV; OT3rdg; 03/08/2018; SJ 6
March 8, 2018: Committee Report: Ought to Pass, 03/08/2018; SC 10A
Feb. 22, 2018: Ought to Pass with Amendment 2018-0655s, MA, VV; Refer to Finance Rule 4-5; 02/22/2018; SJ 5
Feb. 22, 2018: Committee Amendment # 2018-0655s, AA, VV; 02/22/2018; SJ 5
Feb. 22, 2018: Committee Report: Ought to Pass with Amendment # 2018-0655s, 02/22/2018; SC 8
Jan. 10, 2018: Hearing: 01/10/2018, Room 100, SH, 09:00 am; SC 49
Jan. 3, 2018: To Be Introduced 01/03/2018 and Referred to Ways and Means; SJ 1