SB 472-FN - AS AMENDED BY THE SENATE
03/07/2024 0824s
2024 SESSION
24-3058
02/10
SENATE BILL 472-FN
SPONSORS: Sen. Lang, Dist 2; Sen. Pearl, Dist 17; Sen. Innis, Dist 7; Rep. Moffett, Merr. 4
COMMITTEE: Ways and Means
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AMENDED ANALYSIS
I. This bill eliminates rules related to the sale of pari-mutuel pools, changes licensing requirements, prohibits the sale or transfer of licenses, and extends the moratorium on the issuance of new licenses.
II. This bill establishes provisions for the operation of games of chance for the benefit of the host community.
III. This bill requires licensed gaming facilities to give game dates available to charitable organizations before giving game dates to municipalities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/07/2024 0824s 24-3058
02/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
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 RSA 284:22 is repealed and reenacted to read as follows: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 RSA 284:22-b, II is repealed and reenacted to read as follows: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 the effective date of this section. 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 15, 2023, provided that 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 New Section; Games of Chance for the Benefit of the Host Community. Amend RSA 287-D by inserting after section 4 the following new section:
287-D:4-a Games of Chance for the Benefit of the Host Community.
I. Notwithstanding any provision of law to the contrary, game operator employers licensed under RSA 287-D:4 are required to annually operate a minimum of 7 but not more than 10 game dates for the benefit of the town or city where the game operator employer is located.
II. The host town or city shall receive revenue at the same rate as a licensed charity during the designated dates under paragraph I, and shall not be liable for rent or any other fees to be paid to the game operator employer.
III. The game dates benefiting the host municipality shall be in place of a charity game date, however, this shall not prevent the game operator employer from hosting a charity on the same game dates when 2 charities would normally operate.
IV. For the purposes of the game operator employer’s requirements under RSA 287-D:4, operating on behalf of the host town or city shall be considered to be the same as hosting a licensed charity.
V. The lottery commission shall adopt rules under RSA 287-D:3 relating to the operation of game dates on behalf of the host town or city.
6 New Paragraph; Operation of Games of Chance; Game Dates. Amend RSA 287-D:14 by inserting after paragraph XXI the following new paragraph:
XXII.(a) A facilities licensee shall not award any game dates to a municipality if licensed charitable organizations are available and wish to utilize the gaming facility on those dates. This subparagraph shall not apply if the facility licensee institutes a policy forbidding the facility from hosting a specific charity or specific type of charity due to prior conflicts with charity management or employees.
(b) Any single facilities licensee shall not award the host municipality more than 10 days per calendar year.
7 Historic Horse Racing; Effective Date. Amend RSA 2021, 66:11, I to read as follows:
I. Section 10 of this act shall take effect July 1, [2024] 2031.
8 Repeal. The following are repealed:
I. RSA 284:3, relative to employee residency.
II. RSA 284:32-a, relative to annual financial statements.
9 Effective Date. This act shall take effect upon its passage.
24-3058
Amended 3/14/24
SB 472-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2024-0824s)
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 | Indeterminable | ||||
Revenue Fund(s) | Lottery Fund / Education Trust Fund - Lottery revenue is credited to the lottery fund, with net revenues after expenditures being credited to the state education trust fund. | |||||
Expenditures | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A • Does this bill authorize new positions to implement this bill? [X] N/A | ||||||
METHODOLOGY:
The Lottery Commission states this bill:
The Lottery Commission states it cannot assess the fiscal impact of this because it is unclear how many of the five (5) additional applicants will be found suitable for charitable gaming and subsequently seek a license to offer HHR.
AGENCIES CONTACTED:
Lottery Commission
| Date | Amendment |
|---|---|
| Feb. 21, 2024 | 2024-0824s |
| Date | Body | Type |
|---|---|---|
| Jan. 10, 2024 | Senate | Hearing |
| March 7, 2024 | Senate | Floor Vote |
| March 21, 2024 | Senate | Floor Vote |
| April 9, 2024 | House | Hearing |
| April 23, 2024 | House | Exec Session |
| April 23, 2024 | House | Floor Vote |
April 25, 2024: Committee Report: Ought to Pass 04/23/2024 (Vote 19-0; CC) HC 17 P. 13
April 17, 2024: Executive Session: 04/23/2024 12:00 pm LOB 202-204
April 17, 2024: Full Committee Work Session: 04/23/2024 11:00 am LOB 202-204
April 5, 2024: Public Hearing: 04/09/2024 10:30 am LOB 202-204
April 2, 2024: Introduced (in recess of) 03/28/2024 and referred to Ways and Means HJ 10
March 21, 2024: Ought to Pass: MA, VV; OT3rdg; 03/21/2024; SJ 7
March 13, 2024: Committee Report: Ought to Pass, 03/21/2024, Vote 7-0; SC 11
March 7, 2024: Ought to Pass with Amendment 2024-0824s, MA, VV; Refer to Finance Rule 4-5; 03/07/2024; SJ 6
March 7, 2024: Committee Amendment # 2024-0824s, AA, VV; 03/07/2024; SJ 6
Feb. 21, 2024: Committee Report: Ought to Pass with Amendment # 2024-0824s, 03/07/2024, Vote 3-2; SC 9
Dec. 28, 2023: Hearing: 01/10/2024, Room 100, SH, 09:30 am; SC 1
Dec. 12, 2023: To Be Introduced 01/03/2024 and Referred to Ways and Means; SJ 1