Revision: Jan. 9, 2024, 11:28 a.m.
SB 326-FN - AS INTRODUCED
2024 SESSION
24-2937
02/08
SENATE BILL 326-FN
AN ACT relative to the adjudication of lottery infractions.
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Gray, Dist 6; Sen. Lang, Dist 2; Sen. Rosenwald, Dist 13; Sen. Innis, Dist 7; Sen. Murphy, Dist 16
COMMITTEE: Ways and Means
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ANALYSIS
This bill removes the authority of the lottery commission to determine whether a licensee's violation constitutes a moderate or major violation, and transfers that authority to the attorney general.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2937
02/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the adjudication of lottery infractions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Games of Chance; Penalties. Amend RSA 287-D:23, IX(b) through the introductory paragraph of (c) to read as follows:
(b) The fine for a moderate violation shall be not less than $250 and not more than $1,500 per violation. A moderate violation shall be one where the [lottery commission] attorney general determines that the potential for harm to the interests of the state and the charitable organization, as well as the integrity of charitable gaming is moderate and may include, but is not limited to, a game operator, game operator employer, charitable organization, or charitable organization member:
(1) Filing a late financial report;
(2) Operating a game not specifically listed on the game schedule;
(3) Operating a game on a different date than licensed without approval of the lottery commission; or
(4) Committing 3 or more minor violations within 2 years.
(c) The fine for a major violation shall be not less than $1,000 and not more than $5,000 per violation. A major violation shall be one where the [lottery commission] attorney general determines that the potential for harm to the interests of the state and the charitable organization, as well as the integrity of charitable gaming is major and shall include, but is not limited to, a game operator, game operator employer, charitable organization, or charitable organization member:
2 Effective Date. This act shall take effect January 1, 2025.
24-2937
Revised 1/9/24
SB 326-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the adjudication of lottery infractions.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures | $0 | $32,900 (1/2 year) | $65,100 | $67,200 | ||
Funding Source(s) | General Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No | ||||||
METHODOLOGY:
This bill removes the authority of the lottery commission to determine whether a licensee's violation constitutes a moderate or major violation, and transfers that authority to the attorney general.
The Department of Justice states this bill shifts the authority to issue fines for “moderate” violations from the Lottery Commission to the Department of Justice. Due to the recent increase in administrative actions by the Lottery Commission, the Department would not be able to absorb this authority with existing staff levels in the Bureau of Civil Law. The Department indicates it would need, at a minimum, an additional part-time attorney dedicated to assisting the Lottery Commission with this function. The Department estimates the general fund cost of the part time attorney (70% of full time) would be $32,900 in FY 2025 (for half year), $65,100 in FY 2026 and $67,200 in FY 2027. These costs include salary, benefits, equipment and operating expenses. The Department assumes there would be no impact on state revenue.
The New Hampshire Lottery Commission assumes that this bill would have no fiscal impact on state revenues or expenditures.
AGENCIES CONTACTED:
Department of Justice and New Hampshire Lottery Commission