1 Statement of Purpose. The general court recognizes that charitable gaming establishments have a disproportionate impact on the municipalities in which they are located and that it is in the public interest for the operators of these establishments to mitigate strain on municipal resources and infrastructure. Therefore, charitable gaming establishments should be required to enter into host community agreements with host municipalities to address these impacts.

2 New Section; Host Community Agreement Required. Amend RSA 287-D by inserting after section 4-a the following new section:

287-D:4-b Host Community Agreement Required.

I. In this section:

(a) "Applicant" means an applicant for a facilities license or a game operator employer license under this chapter, whether for initial licensure or any license renewal.

(b) "Host community" means a municipality, including a city, town, or unincorporated place, where an applicant for a game operator employer license or a facilities license is located or proposes to locate to conduct any game of chance. If an applicant for a game operator employer license or a facilities license is situated or proposes to be situated in 2 or more municipalities, each shall be a host community for purposes of this section.

II. Before applying to the commission for licensure for initial licensure or any license renewal, an applicant shall negotiate a host community agreement with the selectboard, aldermen, city council, or county delegation of a host community. A host community agreement shall be negotiated in good faith and shall address the reasonably foreseeable impacts of a charitable gaming operation on the host community, providing terms by which the applicant will avoid, minimize, and mitigate such impacts. At a minimum, the host community agreement shall accommodate any and all needs of the host community that may foreseeably arise or increase because of a charitable gaming operation, such as included in the following non-exhaustive list:

(a) Inquiries or complaints from the public and the host community's ability and capacity to respond promptly;

(b) The host community's emergency response capacity;

(c) The host community's infrastructure, including but not limited to roads and utilities;

(d) The provision of security to support local law enforcement;

(e) The exchange of information between the applicant and the host community;

(f) Promoting the hiring of residents, suppliers, and vendors from the host community; and

(g) Any other matters at the discretion of the host community.

III. Prior to execution, the selectboard, aldermen, city council, or county delegation, as applicable, shall provide notice of the host community agreement in at least 2 public places in the host community, on the website of the host community, and by publication in a newspaper of general circulation. The notice shall include a fair, concise summary of the host community agreement, identify where the full host community agreement will be available for inspection, and explain the method and deadline by which the public may submit comments related to the host community agreement. Contemporaneously with the publication of such notice, a copy of the host community agreement shall be made available for public inspection on the host community's website and at least 2 public places within the host community. The public shall have 14 days following the date notice is published to submit comments. In its discretion, the selectboard, alderman, city council, or county delegation, as applicable, may hold a public hearing on the host community agreement to receive public comment. Notice of the hearing shall be posted in at least 2 public places in the host community, on the website of the host community, and by publication in a newspaper of general circulation at least 14 days before the hearing. Upon conclusion of the public comment period, the selectboard, aldermen, city council, or county delegation, as applicable, may renegotiate the host community agreement with the applicant based on comments received from the public or execute the host community agreement, in its discretion. If renegotiated, the host community agreement shall be subject to the notice and comment period under this paragraph.

IV. A copy of the executed host community agreement shall be submitted to the commission with the applicant's initial license and renewal applications. No applicant shall be eligible for any license unless it has executed a host community agreement and provided a copy of said agreement to the commission.

V. A game operator employer licensee or facilities licensee with an active, unexpired license in good standing as of the effective date of this section shall be exempt from the requirements of this section until such time as the license expires and the licensee seeks renewal.

VI. The provisions of this section in no way abrogate an applicant's obligation to secure any and all necessary local approvals from the host community. An applicant and a host community shall not eliminate, lessen, or otherwise modify any local approval requirements via a host community agreement.

VII. The requirements of this section are in addition to the licensing requirements for a game operator employer or facility under this chapter. This section in no way abrogates any licensing requirements contained in this chapter, and no host community agreement may eliminate, lessen, or otherwise modify an applicant's licensing requirements under this chapter.

VIII. If an applicant fails to comply with the terms of an executed host community agreement, the host community shall notify the commission, which shall investigate the host community's claims of breach. If the commission determines that an applicant has breached a host community agreement, it may pursue the penalties provided for in RSA 287-D:23, including suspension or revocation of the applicant's license.

IX. The lottery commission shall adopt rules under RSA 541-A to implement this section within one year of its effective date.

2 Effective Date. This act shall take effect upon its passage.

1 Statement of Purpose. The general court recognizes that charitable gaming establishments have a disproportionate impact on the municipalities in which they are located and that it is in the public interest for the operators of these establishments to mitigate strain on municipal resources and infrastructure. Therefore, charitable gaming establishments should be required to enter into host community agreements with host municipalities to address these impacts.

2 New Section; Host Community Agreement Required. Amend RSA 287-D by inserting after section 4-a the following new section:

287-D:4-b Host Community Agreement Required.

I. In this section:

(a) "Applicant" means an applicant for a facilities license or a game operator employer license under this chapter, whether for initial licensure or any license renewal.

(b) "Host community" means a municipality, including a city, town, or unincorporated place, where an applicant for a game operator employer license or a facilities license is located or proposes to locate to conduct any game of chance. If an applicant for a game operator employer license or a facilities license is situated or proposes to be situated in 2 or more municipalities, each shall be a host community for purposes of this section.

II. Before applying to the commission for licensure for initial licensure or any license renewal, an applicant shall negotiate a host community agreement with the selectboard, aldermen, city council, or county delegation of a host community. A host community agreement shall be negotiated in good faith and shall address the reasonably foreseeable impacts of a charitable gaming operation on the host community, providing terms by which the applicant will avoid, minimize, and mitigate such impacts. At a minimum, the host community agreement shall accommodate any and all needs of the host community that may foreseeably arise or increase because of a charitable gaming operation, such as included in the following non-exhaustive list:

(a) Inquiries or complaints from the public and the host community's ability and capacity to respond promptly;

(b) The host community's emergency response capacity;

(c) The host community's infrastructure, including but not limited to roads and utilities;

(d) The provision of security to support local law enforcement;

(e) The exchange of information between the applicant and the host community;

(f) Promoting the hiring of residents, suppliers, and vendors from the host community; and

(g) Any other matters at the discretion of the host community.

III. Prior to execution, the selectboard, aldermen, city council, or county delegation, as applicable, shall provide notice of the host community agreement in at least 2 public places in the host community, on the website of the host community, and by publication in a newspaper of general circulation. The notice shall include a fair, concise summary of the host community agreement, identify where the full host community agreement will be available for inspection, and explain the method and deadline by which the public may submit comments related to the host community agreement. Contemporaneously with the publication of such notice, a copy of the host community agreement shall be made available for public inspection on the host community's website and at least 2 public places within the host community. The public shall have 14 days following the date notice is published to submit comments. In its discretion, the selectboard, alderman, city council, or county delegation, as applicable, may hold a public hearing on the host community agreement to receive public comment. Notice of the hearing shall be posted in at least 2 public places in the host community, on the website of the host community, and by publication in a newspaper of general circulation at least 14 days before the hearing. Upon conclusion of the public comment period, the selectboard, aldermen, city council, or county delegation, as applicable, may renegotiate the host community agreement with the applicant based on comments received from the public or execute the host community agreement, in its discretion. If renegotiated, the host community agreement shall be subject to the notice and comment period under this paragraph.

IV. A copy of the executed host community agreement shall be submitted to the commission with the applicant's initial license and renewal applications. No applicant shall be eligible for any license unless it has executed a host community agreement and provided a copy of said agreement to the commission.

V. A game operator employer licensee or facilities licensee with an active, unexpired license in good standing as of the effective date of this section shall be exempt from the requirements of this section until such time as the license expires and the licensee seeks renewal.

VI. The provisions of this section in no way abrogate an applicant's obligation to secure any and all necessary local approvals from the host community. An applicant and a host community shall not eliminate, lessen, or otherwise modify any local approval requirements via a host community agreement.

VII. The requirements of this section are in addition to the licensing requirements for a game operator employer or facility under this chapter. This section in no way abrogates any licensing requirements contained in this chapter, and no host community agreement may eliminate, lessen, or otherwise modify an applicant's licensing requirements under this chapter.

VIII. If an applicant fails to comply with the terms of an executed host community agreement, the host community shall notify the commission, which shall investigate the host community's claims of breach. If the commission determines that an applicant has breached a host community agreement, it may pursue the penalties provided for in RSA 287-D:23, including suspension or revocation of the applicant's license.

IX. The lottery commission shall adopt rules under RSA 541-A to implement this section within one year of its effective date.

2 Effective Date. This act shall take effect upon its passage.