Revision: April 17, 2025, 9:49 a.m.
Senate Ways and Means
April 16, 2025
2025-1638s
11/08
Amendment to HB 737-LOCAL
Amend the title of the bill by replacing it with the following:
AN ACT creating local options for games of chance, authorizing keno throughout the state, and changing charitable gaming license fees and reporting requirements.
Amend RSA 287-D:32, I(a) as inserted by section 1 of the bill by replacing it with the following:
(a) In a town, the question shall be placed on the warrant of an annual town meeting under the procedures set out in RSA 39:3, and shall be voted on a ballot. In a city, the legislative body may vote to place the question on the official ballot for any regular municipal election, or, in the alternative, shall place the question on the official ballot for any regular municipal election upon submission to the legislative body of a petition signed by 5 percent of the registered voters.
Amend RSA 287-D:32, I(d) as inserted by section 1 of the bill by replacing it with the following:
(d) In municipalities where games of chance are currently operating, the wording of the question shall be substantially as follows: “Shall we prohibit additional games of chance operations with a physical facility within the town or city?"
Amend the bill by replacing all after section 1 with the following:
2 Keno; Administration and Enforcement. Amend RSA 284:42 to read as follows:
284:42 Administration and Enforcement. The lottery commission shall administer and enforce this subdivision [in any town or city that has voted to allow such gaming].
3 Keno; License Applications. Amend RSA 284:45, VI(a)(10) and (b) to read as follows:
(10) A lottery retailer licensed pursuant to RSA 284:21-h, if the city, town or unincorporated place where the retailer is located has not voted pursuant to RSA 284:51, to [allow] prohibit the sale of keno. Lottery retailers licensed to sell keno under this subparagraph shall not display keno on an active screen at the retailer.
(b) Document that the keno games will only be operated in towns and cities that have not voted to [allow] prohibit the operation of keno games pursuant to RSA 284:51.
4 Keno; Local Option. RSA 284:51 is repealed and reenacted to read as follows:
I. Any town or city may prohibit the operation of keno games according to the provisions of this subdivision, in the following manner:
(a) In a town, the question shall be placed on the warrant of an annual town meeting under the procedures set out in RSA 39:3, and shall be voted on a ballot. In a city, the legislative body may vote to place the question on the official ballot for any regular municipal election, or, in the alternative, shall place the question on the official ballot for any regular municipal election upon submission to the legislative body of a petition signed by 5 percent of the registered voters.
(b) The selectmen, aldermen, or city council shall hold a public hearing on the question at least 15 days but not more than 30 days before the question is to be voted on. Notice of the hearing shall be posted in at least 2 public places in the municipality and published in a newspaper of general circulation at least 7 days before the hearing.
(c) The wording of the question shall be substantially as follows: "Shall we prohibit the operation of keno games within the town or city?"
II. If a majority of those voting on the question vote "Yes," keno games shall not be operated within the town or city.
III. If the question is not approved, the question may later be voted upon according to the provisions of paragraph II at the next annual town meeting or regular municipal election.
IV. A municipality that has voted to prohibit the operation of keno games may consider rescinding its action in the manner described in paragraph II of this section.
V. An unincorporated place may prohibit the operation of keno games by majority vote of the county delegation, after a public hearing is held.
VI. The lottery commission shall maintain a list of municipalities where keno is prohibited.
5 New Section; Operation Permitted. Amend RSA 284 by inserting after section 51 the following new section:
284:51-a Operation Permitted. A licensee shall be permitted to operate keno games at its business pursuant to this subdivision, provided that no license shall be issued to an entity operating within a municipality which has voted to prohibit keno pursuant to RSA 284:51.
6 Facilities License Application; Specific Requirements. Amend RSA 287-D:7, III to read as follows:
III. Licenses shall expire 3 years after being issued[, provided that the licensee shall annually file with the commission a statement disclosing any changes to the information required in the license application no later than December 31 of each year]. The licensee shall immediately notify the commission in the event the licensee is subject to arrest or conviction of any criminal offense.
7 Game Operator Employer License Application; Specific Requirements. Amend RSA 287-D:8, VI to read as follows:
VI. Licenses shall expire 3 years after being issued[, provided that the licensee shall annually file with the commission a statement disclosing any changes to the information required in the license application no later than December 31 of each year]. The licensee shall immediately notify the commission in the event the licensee is subject to arrest or conviction of any criminal offense.
8 Primary Game Operator License Application; Specific Requirements. Amend RSA 287-D:9, VI to read as follows:
VI. The primary game operator license shall expire [on the last day of the month of the licensee's birthday] 3 years after it is issued[, provided that the licensee shall annually file with the commission a statement disclosing any changes to the information required in paragraph I with the commission no later than the last day of the month of licensee's birthday]. The licensee shall immediately notify the commission in the event the licensee is subject to arrest or conviction of any criminal offense.
9 Secondary Game Operator License Application; Specific Requirements. Amend RSA 287-D:10, III to read as follows:
III. A secondary game operator license shall expire [on the last day of the month of the licensee's birthday] 3 years after it is issued[, provided that the licensee shall annually file with the commission a statement disclosing any changes to the information required in paragraph II with the commission no later than the last day of the month of the licensee's birthday]. The licensee shall immediately notify the commission in the event the licensee is subject to arrest or conviction for any criminal offense.
10 License Fees. Amend RSA 287-D:13, II-V to read as follows:
II. A facility license shall be [$250 per year] $750 per 3-year license period.
III. A game operator employer license shall be [$750 per year] $2,250 per 3-year license period.
IV. A primary game operator license shall be [$100 per year, to be paid with the application the first year and paid in the subsequent 2 years with the filing of the annual notice of changes form required under RSA 287-D:9, VI] $300 per 3-year license period.
V. A secondary game operator license shall be [$30 per year, to be paid with the application the first year and paid in the subsequent 2 years with the filing of the annual notice of changes form required under RSA 287-D:10, III] $90 per 3-year license period.
I. Sections 2, 3, and 5 of this act shall take effect January 1, 2027.
II. The remainder of this act shall take effect July 1, 2025.
2025-1638s
AMENDED ANALYSIS
This bill:
I. Gives municipalities a local option to vote to prohibit the operation of games of chance within their boundaries.
II. Automatically permits Keno unless a municipality votes to prohibit it, giving local governments the option to ban games of chance within their boundaries.
III. Makes changes to charitable gaming licensing fees and reporting requirements.