SB 112-FN - AS AMENDED BY THE HOUSE
02/09/2023 0139s
4Jan2024... 2444h
2023 SESSION
23-0827
02/10
SENATE BILL 112-FN
AN ACT relative to pari-mutuel pools and historic horse racing.
SPONSORS: Sen. Ricciardi, Dist 9; Sen. Soucy, Dist 18; Sen. Bradley, Dist 3; Rep. O'Brien, Hills. 10; Rep. Doucette, Rock. 25
COMMITTEE: Ways and Means
─────────────────────────────────────────────────────────────────
AMENDED ANALYSIS
This bill changes the redistribution of pari-mutuel wagers, changes license eligibility requirements, prohibits the sale or transfer of licenses, amends the rights of licensees, changes the calculation of the percentage paid to charitable organizations, eliminates employee state residency restrictions, and eliminates annual financial statement requirements.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/09/2023 0139s
4Jan2024... 2444h 23-0827
02/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to pari-mutuel pools and historic horse racing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Pari-Mutuel Pools. RSA 284:22 is repealed and reenacted to read as follows:
284:22 Pari-Mutuel Pools.
A licensee under this chapter may sell pari-mutuel pools in accordance with this chapter and rules adopted by the lottery commission. Pari-mutuel pools shall be sold within the enclosure of the racetrack where a licensed race or race meet is held or as provided in RSA 284:22-a, and not elsewhere.
2 Pari-Mutuel Pools on Historic Horse Racing. RSA 284:22-b, II is repealed and reenacted to read as follows:
II. In order to be eligible for a license to sell pari-mutuel pools on historic races, an applicant shall have been either:
(a) A game operator employer licensed under RSA 287-D as of May 1, 2020, and still licensed as of June 8, 2021. For licensees qualified under this subparagraph, the sale of pari-mutuel pools on historic horse races must take place within the enclosure of a facility at which the licensee holds its licensed gaming activities under RSA 287-D, and that such facility is located within the city or town in which the licensee held its license on May 1, 2020; or
(b) An entity that applied for a game operator employer license between January 1, 2023, and October 18, 2023, provided that the applicant is subsequently approved, and the applicant entity has the same ownership and officers as the time of their initial application. For licensees that are qualified under this subparagraph, the sale of pari-mutuel pools on historic horse races must take place within the enclosure of a facility at which the applicant entity holds its licensed gaming activities under RSA 287-D, and that such facility is located within the city or town identified on the original application filed with the lottery commission within the time frame identified under this subparagraph.
3 New Paragraph; Pari-Mutuel Pools on Historic Horse Races; Transfer or Sale of Licenses Prohibited. Amend RSA 284:22-b by inserting after paragraph VII the following new paragraph:
VIII. An application that is approved by the lottery commission, and a license that is granted shall not be permitted to be transferred or sold.
4 Rights of Licensee. Amend RSA 284:39, I to read as follows:
I. Any licensee under this chapter may refuse admission to, or eject from, the grounds or the enclosure of the racetrack or facility where a licensed live race or race meet or is being held or where licensed simulcasting or historic horse racing is held, any person or persons whose presence or conduct, in the sole judgment of the licensee, is inconsistent with the orderly and proper conduct of the historic horse racing, live or simulcast race meet, or is detrimental to the sport of racing, whether or not such presence or offensive conduct is associated with gambling.
5 Facilities; Rental. Amend RSA 287-D:19, II to read as follows:
II.(a) If a charitable organization contracts for services from a game operator employer licensed under RSA 287-D:8, the game operator employer shall provide equipment and shall not charge the charitable organization for such equipment. No charitable organization shall receive less than 35 percent of the gross revenues from any games of chance minus any prizes paid [and rental charge under subparagraph (b)].
(b) [If a game operator employer charges rent, such charge shall be by written agreement and shall be a fixed payment, not based on a percentage of what the charitable organization receives from the game of chance, and shall reflect fair rental value of the property for any use, not only as a place to hold a game of chance. ]
[(c)] Any [service or rental] agreement entered into by the charitable organization shall be submitted with the charitable organization's license application for review by the lottery commission.
[(d)] (c) Under no circumstances shall a charitable organization sustain any loss from games of chance, such that its share of the gross revenues minus any prizes paid[, and any rent paid or due,] is less than zero dollars, during a license period with a single game operator.
[(e)] (d) All contracts between a game operator employer and a charitable organization to conduct games of chance under this chapter shall contain the following language: "This agreement represents the entire agreement between the parties. No charge or fee of any kind that is not contained in this agreement shall be paid by the charity."
[(f)] (e) No fee for any service which is required by or provided by the game operator employer or primary game operator shall be allowed.
6 Repeal. The following are repealed:
I. RSA 284:3, relative to employee residency.
II. RSA 284:32-a, relative to annual financial statements.
7 Effective Date. This act shall take effect 60 days after its passage.
23-0827
Amended 3/12/24
SB 112-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2023-2444h)
AN ACT relative to pari-mutuel pools and historic horse racing.
FISCAL IMPACT: [ ] State [ ] County [ ] Local [ X ] None
METHODOLOGY:
This bill changes the redistribution of pari-mutuel wagers, changes license eligibility requirements, prohibits the sale or transfer of licenses, amends the rights of licensees, changes the calculation of the percentage paid to charitable organizations, eliminates employee state residency restrictions, and eliminates annual financial statement requirements. The Lottery Commission states it does not expect this bill will have any impact on its revenue or expenditures.
AGENCIES CONTACTED:
Lottery Commission
| Date | Amendment |
|---|---|
| Jan. 25, 2023 | 2023-0139s |
| Oct. 26, 2023 | 2023-2358h |
| Nov. 16, 2023 | 2023-2444h |
| Date | Body | Type |
|---|---|---|
| Jan. 25, 2023 | Senate | Hearing |
| Senate | Floor Vote | |
| Feb. 23, 2023 | Senate | Floor Vote |
| April 25, 2023 | House | Hearing |
| April 26, 2023 | House | Exec Session |
| May 30, 2023 | House | Exec Session |
| Oct. 10, 2023 | House | Exec Session |
| Oct. 19, 2023 | House | Exec Session |
| Nov. 9, 2023 | House | Hearing |
| Nov. 9, 2023 | House | Exec Session |
| Nov. 9, 2023 | House | Hearing |
| Nov. 9, 2023 | House | Exec Session |
| Nov. 9, 2023 | House | Floor Vote |
May 30, 2024: Sen. Lang Moved Nonconcur with the House Amendment, MA, VV; 05/30/2024; SJ 16
Jan. 4, 2024: Ought to Pass with Amendment 2023-2444h: MA VV 01/04/2024 HJ 2 P. 58
Jan. 4, 2024: Amendment # 2023-2444h: AA VV 01/04/2024 HJ 2 P. 57
Nov. 16, 2023: Committee Report: Ought to Pass with Amendment # 2023-2444h 11/09/2023 (Vote 18-1; RC) HC 49 P. 48
Oct. 23, 2023: Executive Session: 11/09/2023 10:30 am LOB 202-204 HC 43
Oct. 23, 2023: Executive Session: 11/09/2023 10:30 am LOB 206-208 HC 43
Oct. 26, 2023: Public Hearing on non-germane Amendment # 2023-2358h: 11/09/2023 09:30 am LOB 202-204 HC 43
Oct. 23, 2023: Public Hearing: 11/09/2023 09:30 am LOB 206-208 HC 43
Sept. 20, 2023: ==RESCHEDULED== Executive Session: 10/19/2023 10:00 am LOB 202-204 HC 38
Sept. 20, 2023: ==RESCHEDULED== Full Committee Work Session: 10/19/2023 09:30 am LOB 202-204 HC 38
Sept. 20, 2023: ==CANCELLED== Executive Session: 10/10/2023 10:00 am LOB 202-204 HC 38
Sept. 20, 2023: ==CANCELLED== Full Committee Work Session: 10/10/2023 09:30 am LOB 202-204 HC 38
Aug. 9, 2023: Full Committee Work Session: 09/19/2023 10:00 am LOB 202-204
May 30, 2023: Retained in Committee
May 23, 2023: ==CONTINUED== Executive Session: 05/30/2023 11:00 am LOB 202-204
April 27, 2023: Full Committee Work Session: 05/03/2023 09:30 am LOB 202-204
April 19, 2023: ==RECESSED== Executive Session: 04/26/2023 01:30 pm LOB 202-204
April 19, 2023: Public Hearing: 04/25/2023 10:00 am LOB 202-204
March 20, 2023: Introduced (in recess of) 03/16/2023 and referred to Ways and Means
Feb. 22, 2023: Ought to Pass: MA, VV; OT3rdg; 02/22/2023; SJ 8
Feb. 15, 2023: Committee Report: Ought to Pass, 02/22/2023; SC 11
Feb. 9, 2023: Ought to Pass with Amendment 2023-0139s, MA, VV; Refer to Finance Rule 4-5; 02/09/2023; SJ 6
Feb. 9, 2023: Committee Amendment # 2023-0139s, AA, VV; 02/09/2023; SJ 6
Jan. 25, 2023: Committee Report: Ought to Pass with Amendment # 2023-0139s, 02/09/2023; SC 9
Jan. 19, 2023: Hearing: 01/25/2023, Room 100, SH, 09:30 am; SC 7
Jan. 19, 2023: Introduced 01/05/2023 and Referred to Ways and Means; SJ 4