Revision: June 15, 2021, 10:37 a.m.
Committee of Conference
June 15, 2021
2021-1978-CofC
08/11
Committee of Conference Report on HB 533, establishing a division of investigation and compliance in the lottery commission.
Recommendation:
That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and
That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:
Amend the bill by replacing section 1 with the following:
1 New Section; Lottery Commission; Investigation and Compliance Division. Amend RSA 284 by inserting after section 3 the following new section:
284:3-a Investigation and Compliance Division.
I. There shall be contained within the lottery commission an investigation and compliance division. The division shall perform such functions as the lottery commission may determine is necessary in relation to enforcement, including the investigation of all licensees, and proposed licensees, under this chapter and RSA 287-D.
II. The division shall have such civil and administrative powers as are necessary to effectuate the purposes of this chapter and RSA 287-D, including the power to receive intelligence on an applicant or licensee under this chapter and under RSA 287-D and to investigate any suspected violations of this chapter or RSA 287-D or any suspected violations of illegal gambling.
III. To further effectuate the purposes of this chapter and RSA 287-D with respect to the investigation and enforcement of gaming establishments and licensees, the division may obtain or provide pertinent information regarding applicants or licensees from or to law enforcement entities or gaming authorities and other domestic, federal or foreign jurisdictions, including the Federal Bureau of Investigation, and may transmit such information to each other electronically.
IV. In addition to fines and penalties as set forth in this chapter and RSA 287-D, the division may file a petition for equity relief with the superior court seeking to levy upon any person or entity who meets the requirements for enhanced penalties as defined in administrative rule, a civil penalty in an amount not to exceed $50,000 per violation, along with any other injunctive relief deemed necessary by the court. The proceeds of any civil penalty levied pursuant to this section shall be deposited in the special fund established in RSA 284:21-j.
Amend the bill by inserting after section 5 the following and renumbering the original section 6 to read as 7:
6 Background Investigations; Expenses. Amend RSA 287-D:11, IV-V to read as follows:
IV. The expenses of the office of attorney general or the lottery commission, if applicable, in conducting any investigation authorized in this section, including the services of consultants, experts, accountants, and other assistants, shall be a direct charge against the applicant or holder. Total expenses for each investigation under this paragraph shall not exceed $5,000, except with the approval of the fiscal committee of the general court.
V. In any investigation conducted pursuant to paragraph III, the attorney general or the lottery commission if applicable, may require, by subpoena or otherwise, the attendance of witnesses and the production of such correspondence, documents, books, and papers as the attorney general deems advisable, and for purposes of this section, may administer oaths and take the testimony of witnesses. No person shall be excused from testifying or from producing any book or paper in any investigation conducted pursuant to paragraph III upon the ground that such testimony or documentary evidence might tend to incriminate such person; provided that if, after a claim of privilege, the attorney general, in writing, orders such person to testify or produce documentary evidence, that person shall not be prosecuted, punished, or subjected to any penalty or forfeiture for or on account of any act, transaction, matter, or thing which such person, under oath, disclosed or produced. No person so testifying shall be exempt from prosecution or punishment for any perjury committed by such person in such testimony.
The signatures below attest to the authenticity of this Report on HB 533, establishing a division of investigation and compliance in the lottery commission.
Conferees on the Part of the Senate Conferees on the Part of the House
_________________________________________ _______________________________________
Sen. Giuda, Dist. 2 Rep. Major, Rock. 14
_________________________________________ _______________________________________
Sen. French, Dist. 7 Rep. McGuire, Merr. 29
_________________________________________ _______________________________________
Sen. D'Allesandro, Dist. 20 Rep. Abrami, Rock. 19
______________________________________ Rep. Ames, Ches. 9