Bill Text - SB472 (2024)

(New Title) relative to historic horse racing licensing, establishing operations of games of chance for the benefit of the host community, and relative to charitable gaming dates for municipalities and charitable organizations.


Revision: Dec. 12, 2023, 2:45 p.m.

SB 472-FN - AS INTRODUCED

 

 

2024 SESSION

24-3058

02/10

 

SENATE BILL 472-FN

 

AN ACT relative to historic horse racing licensing.

 

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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ANALYSIS

 

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.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-3058

02/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to historic horse racing licensing.

 

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  RSA 284:22 is repealed and reenacted to read as follows: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  RSA 284:22-b, II is repealed and reenacted to read as follows: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  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] 2028.

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 upon its passage.

 

LBA

24-3058

11/30/23

 

SB 472-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to historic horse racing licensing.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

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:

  • Opens eligibility for a historical horse racing (HHR) license to include entities that applied for a game operator employer license between January 1 and October 15, 2023. A total of five (5) entities applied for a game operator employer license during this period. The Lottery Commission cannot be certain how many of these entities will be found suitable for charitable gaming and ultimately pursue and receive an HHR license.
  • Prohibits the sale or transfer of an HHR license.
  • Allows a licensee to refuse admission to any individual whose presence or conduct is detrimental to the sport of racing.
  • Extends the moratorium on HHR licensees by four (4) more years. As a result, no more than 18 facilities would be eligible to offer HHR prior to July 1 of 2028. These 18 facilities include the 10 facilities currently licensed to offer HHR, three (3) facilities that are eligible under the current law, and five (5) facilities that would become eligible under the proposed legislation.

 

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