HB 613-FN-LOCAL - AS INTRODUCED
1999 SESSION
HOUSE BILL 613-FN-LOCAL
AN ACT consolidating the pari-mutuel commission and sweepstakes commission into a gaming commission.
SPONSORS: Rep. Burling, Sull 1; Rep. B. Moore, Rock. 21
COMMITTEE: Executive Departments and Administration
This bill reorganizes and consolidates the pari-mutuel commission and the sweepstakes commission into a single gaming commission to regulate horse and dog racing, sweepstakes, bingo, and lucky 7 tickets.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
99-0309
08/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine
AN ACT consolidating the pari-mutuel commission and sweepstakes commission into a gaming commission.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Gaming Commission Established. Amend RSA by inserting after chapter 284 the following new chapter:
CHAPTER 284-A
GAMING
General Provisions
284-A:1 Definition. In this chapter, "commission" means the New Hampshire gaming commission.
284-A:2 Gaming Commission; Citizens Advisory Panel.
I. There shall be a state gaming commission consisting of a commissioner and a citizens advisory panel consisting of 5 members appointed by the governor with the advice and consent of the council. Each member of the panel shall serve a 3-year term and until a successor has been appointed and qualified. The initial terms of the members of the advisory panel shall be: 2 members for one year, 2 members for 2 years, and one member for 3 years. Members having served a term may be immediately reappointed by the governor with the advice and consent of council. Any vacancy created before a term is set to expire shall be filled for the remainder of the unexpired term. Annually, one member shall be chosen as panel chairperson by the panel, and one member shall be chosen as secretary. Three members of the panel present shall constitute a quorum to do business. It shall be the duty of the panel secretary to keep a record of all proceedings of the panel and to preserve all books, documents, papers and records addressed to its care.
II. The commission shall assume the powers, rights, duties and responsibilities granted the state racing commission, the state greyhound racing commission, and the state sweepstakes commission under RSA 284, and any reference to the state racing commission, the state greyhound racing commission, the state pari-mutuel commission, or the state sweepstakes commission shall be deemed to refer to the New Hampshire gambling commission. The New Hampshire gambling commission shall use the applicable provisions for horse racing, dog racing, and sweepstakes, independent of each other, in carrying out the purpose of this chapter. The panel's specific duties shall be to advise the commissioner regarding the performance of the commissioner's duties and responsibilities and fulfill all adjudicatory functions of the commission.
III. The gaming commission shall have all the powers, duties, and rights conferred upon state commissions under the United States Interstate Horseracing Act of 1978 as it currently exists and as it may be amended from time to time.
IV. No member of the commission shall have any pecuniary or other interest in any supplier or agent to the commission, or in any licensee licensed under the provisions of this chapter, or in any supplier or lessor of bingo equipment or halls, or in any officer of a bingo licensee licensed under RSA 287-E.
284-A:3 Office. The commission shall have one office in Concord, and during the time in which racing is conducted in the state may maintain branch offices elsewhere.
284-A:4 Assistants. The commission is authorized to employ such assistants and employees as it may deem necessary to provide adequate policing and to carry out the purposes of this chapter, subject to the regulations of the state personnel commission. The commission shall specify the duties to be performed by its assistants and employees and it shall have authority, for cause, to terminate the employment of any member of its personnel, subject to the regulations of the state personnel commission. It shall be unlawful, however, for the commission to appoint to any position under its jurisdiction any state, county, city, or town official or employee, except police officers and public school teachers, whose total annual salary or compensation from said state, county, city, or town exceeds $1,000.
284-A:5 Expenses. Each member of the commission shall be allowed reasonable expenses, including transportation, incurred in the performance of related duties, to be audited and allowed by the governor and council. Each member of the panel shall be granted an annual $2,000 honorarium for service and performance of duties on the panel.
284-A:6 Report of the Commission. The commission shall make an annual report to the governor on or before the first day of February in each year, including an account of its actions, receipts derived under the provisions of this chapter, the practical effects of the application of this chapter, and any recommendations for legislation which the commission deems advisable.
284-A:7 Supervision and Hearings.
I. The commission shall have the power to conduct hearings at which all matters pertaining to the administration of the affairs of the commission and all activities conducted under its jurisdiction may be investigated and determined and, under the hand of its chairperson, to issue subpoenas for the attendance of witnesses at such hearings. The commission on its own motion or at the request of any party may cause a complete record to be made of such hearings by a competent reporter or by electronic recording which shall be transcribed at the request and expense of any party desiring the same, and a copy of such transcription shall be furnished to any other party upon the written request and at the expense of such other party. If the record is not transcribed, the commission shall prepare a summary record of the proceedings and evidence. Any member of the commission may administer oaths and affirmations and may examine witnesses.
II. Disobedience of such subpoenas or false swearing before the commission shall be attended with the same penalties as if such disobedience or false swearing occurred in an action in the superior court.
III. The commission shall have the power and authority to regulate, supervise and check the making of pari-mutuel pools and the distributions from such pools. It shall have the further power and authority to investigate as to the direct and indirect ownership and control of any licensee, and any expense incurred by the commission in so doing shall be at the expense of such licensee or of the applicant for a license.
IV. Any party aggrieved by any final decision entered in proceedings before the commission may, within 10 days after such decision is entered, appeal to the superior court by petition specifying the grounds upon which said decision is claimed to be unreasonable or unlawful. Findings and decisions by the commission shall be deemed to be prima facie lawful and reasonable, and shall not be set aside on appeal unless found to be arbitrary, capricious, unreasonable or unlawful.
284-A:8 Temporary Stay Orders.
I. The commission may issue a temporary stay order to stay any ruling, or penalty which would be incurred by the appellant if the ruling, order, or decision of the judges is allowed to stand prior to a decision in such a matter by the commission. The granting of a temporary stay order by the commission shall carry no presumption that the decision of the judges is or may be invalid. The commission may dissolve a temporary stay order at any time.
II. A bond of $100 shall be filed with the commission before consideration shall be given to granting a stay. The bond shall be forfeited if the commission considers the appeal frivolous. If the commission does not find the appeal to be frivolous, then the bond filed with the commission shall be returned to the appellant within a reasonable time.
284-A:9 Enforcement of Chapter. It shall be the duty of the attorney general with the aid of the county attorneys of the several counties to enforce the provisions of this chapter upon notification from the commission of any violations of this chapter.
284-A:10 Fund.
I. The sweepstakes fund to which shall be credited all moneys received from sweepstakes, and interest received on such moneys, and from which shall be paid all expenses of the commission incident to the administration of this subdivision and RSA 287-E. Any balance left in the sweepstakes fund after such expenses are paid shall be continually appropriated to the department of education for expenditure and distribution for the sole purpose of funding state aid to education under RSA 198:27-37. For purposes of this section, "continually appropriated and distributed" means that sweepstakes revenues which are available for distribution under RSA 198:27-37, whether equal to or exceeding amounts estimated, shall be constantly transferred to the foundation aid fund, and that the expenditure class or classes shall be increased at the same time and by the same amount so that the amount of sweepstakes revenues to be distributed under RSA 198:27-37 shall not be limited by the amount appropriated. In no event shall such distribution of sweepstakes revenues be made which amounts to less than the amount appropriated for the purpose of funding foundation aid in the operating budget for the fiscal year.
II. For every fiscal year, if the combination of the prior year's balance forward and the current year's revenue is not sufficient to fully fund the appropriation for state aid to education under RSA 198:27-37 for that fiscal year, any shortfall shall be a charge against any funds in the treasury otherwise unappropriated. Conversely, if the amount available in the sweepstakes fund exceeds the amount of the legislative estimate of revenue from the fund, the excess shall be carried forward into the following fiscal year.
III. Notwithstanding any provision of law to the contrary, in order to allow the gambling commission to efficiently handle its funds, the commission is authorized to have service fees paid to banks and sales outlets deducted from sweepstakes receipts and, with the approval of governor and council, to have prizes paid by sales outlets from sweepstakes receipts so long as full accountability is assured. The commission is authorized to enter into agreements with banks as to the charges for services rendered. Sweepstakes funds shall be deposited in commercial banks throughout the state. These funds shall be transferred on a weekly basis to the state treasurer.
Horse and Greyhound Racing
284-A:11 Limitation. No part of this chapter shall be construed to apply to any racing whatever except running or harness horse races or dog races.
284-A:12 Rulemaking. The commission shall adopt rules, pursuant to RSA 541-A, relative to:
I. Holding running or harness horse races or meets for public exhibition.
II. Holding dog races or meets for public exhibition.
III. The operation of race tracks on which running or harness horse or dog races or meets are held.
IV. The sale of pari-mutuel pools.
V. Rules of greyhound racing.
VI. Rules of racing for running and harness horse races or meets.
284-A:13 License Required. No person, association or corporation shall hold any running or harness horse or dog race or meet at which pari-mutuel pools are sold without a license from the commission.
284-A:14 Employees. At least 85 percent of the persons employed by a person, association, or corporation conducting a racing plant under the provisions of this chapter shall have resided in this state for a period of not less than one year. The provisions of this section shall not apply to the construction of a racing plant or its equipment.
284-A:15 Breeding of Horses. The commission shall encourage and promote the improvement of the breed of horses in New Hampshire. It may accept donations of thoroughbred, standardbred, or other well-bred stallions by licensees or others to the state for this purpose. It may cooperate with and aid the officials of the University of New Hampshire in furthering this program.
284-A:16 Breeding of Greyhounds. The commission shall encourage and promote the improvement of the breed of greyhounds in New Hampshire. It may accept donations of greyhounds or gifts of any kind, by licensees or others to the state for this purpose. It may cooperate with and aid the officials of any state school or organizations such as the 4-H club and kennels in furthering this program.
284-A:17 Public Greyhound Racing Kennels. In order to guarantee that there may be an adequate supply of greyhounds for racing at licensed tracks within this state, the commission may authorize a licensee to own or control greyhounds for racing at the licensee's track and to own and operate public greyhound kennels to furnish greyhounds for race meets at such track as follows:
I. All public kennels authorized under this section shall be licensed by the commission and such license shall include provisions for the following controls and such others as the commission may provide by its rules:
(a) No more than 50 greyhounds may be boarded in each public kennel.
(b) No more than 5 public kennels may be established on the premises of any track licensed under this chapter.
(c) Each public kennel shall be under the supervision of a kennel master licensed by the commission.
(d) Each public kennel shall have a trainer licensed by the commission and directly responsible to the kennel master.
(e) Adequate veterinarian service shall be provided to each group of kennels located on the premises of any licensed track, and wherever the number of greyhounds so requires, a full-time veterinarian shall be in attendance.
II. Any person who owns one or more greyhounds qualified for racing shall have the right to board said greyhounds at said public kennels under the supervision and control of the kennel master. In the event that the demand for the facilities is greater than can be accommodated, preference shall be given to residents of this state.
III. The commission shall by rules, adopted under RSA 541-A:
(a) Regulate the sale and transfer of greyhounds and any interest of such sale or transfer by any track licensee, and, in order to effectuate such sale, act as the registration and transfer agent, if necessary, and charge reasonable fees for such service.
(b) Based upon findings as to the extent to which independent kennel owners can be relied upon to supply and to continue to supply sufficient numbers of greyhounds to conduct all races at meetings licensed to be held at a licensee's track: (1) regulate the number of greyhounds that may be owned or controlled by the licensee, and change such number from time to time; and (2) restrict, limit or terminate the ownership and operation of public kennels by such licensees.
(c) Require any track not later than 90 days after the close of its fiscal year to account for and pay to the state all net profit accruing to such track licensee from the ownership and operation of such public kennels and greyhounds.
IV. Notwithstanding subparagraph I(b), in an emergency, the commission, with the approval of the governor and council, may authorize a track licensed under this chapter to establish more than 5 public kennels on its premises for the duration of the emergency.
V. The commission shall have the power to make and adopt any rules which it deems necessary to carry out the authority conferred upon it by this section.
284-A:18 Licensing Requirements for Dog Races. Any person, association, or corporation desiring to hold a dog race for public exhibition at which pari-mutuel pools are to be sold, shall apply to the commission for a license to do so. The application shall be signed and sworn to by the person or executive officer of the association or corporation and shall contain information set forth in RSA 284-A:25. Any New Hampshire agricultural fair association certified as such, by the commissioner of agriculture, markets and food, shall be entitled to one special 6-day racing license annually.
284-A:19 Disclosure of Information. Any person, association or corporation applying for or holding a license issued pursuant to the provisions of this chapter shall file annually, not later than December thirty-first, with the attorney general a complete and detailed written statement, signed under oath, by the applicant or holder of such license, if an individual, or by the officers of the applicant or holder, if a corporation or an association, containing in addition to such information as the commission may prescribe by rule or regulation the following:
I. The name, residence address and nature of the ownership interest, including where applicable the number of shares of stock held and, if known, how obtained, of every person who possesses an ownership interest in such license applicant or holder.
II. The name, address, present principal occupation or employment and the name and principal business of any corporation or other organization in which such employment is carried on of every director, officer and holder of 10 percent or more ownership interest in such license applicant or holder; and
III. The name and all information which a license applicant or holder has or might reasonably be expected to have as to any felony convictions of any officer, director or holder of an ownership interest of any degree; provided, that if the license applicant or holder is an association or corporation in which 25 or fewer individuals or organizations hold an ownership interest or stock, then the information required by paragraphs I, II and III shall be provided by each such interest holder or stockholder, who shall be further required to submit a detailed statement of assets and liabilities on forms prescribed by the attorney general.
IV. The attorney general shall have the authority to conduct an investigation on the attorney general's motion into the background of the license applicant or holder, of any person included in paragraphs I, II and III, or of any person or entity upon whom the license applicant or holder relies for financial support. In addition, whenever the commission shall receive an application, it shall refer the application to the attorney general who shall conduct such an investigation. The investigation may be conducted through any appropriate state or federal law enforcement system and may seek information as to the subject's financial, criminal or business background, or any other information which the attorney general, in the attorney general's sole discretion, may find to bear on the subject's fitness to be associated with racing in New Hampshire, including, but not limited to, the subject's character, personal associations, and the extent to which the subject is properly doing business in the manner in which it purports to operate. When the commission requests such an investigation, the attorney general shall report the results of such investigation to the commission within 90 days after the receipt of the request. Notwithstanding any other law to the contrary, the results of any such investigation shall be confidential and shall not be subject to disclosure or to public inspection, except that the attorney general shall have sole discretion to determine the extent to which and the manner in which the results may be reported to the commission or other state agency or official and, if reported, whether such results are to retain their confidential character; provided, however, that whenever the attorney general conducts such an investigation, the attorney general shall notify the commission whether or not in the attorney general's opinion such person is fit to be associated with racing in New Hampshire. Notwithstanding any other provision of law, no person shall be issued or hold a license if in the opinion of the attorney general such person is not fit to be associated with racing in this state.
V. In any investigation conducted pursuant to paragraph IV, the attorney general or any duly authorized justice department staff member may require by subpoena or otherwise the attendance of witnesses and the production of such correspondence, documents, books and papers as the attorney general or staff member deems advisable, and for purposes of this section, may administer oaths and take the testimony of witnesses. No person shall be excused from testifying or from producing any book or paper in any investigation conducted pursuant to paragraph IV upon the ground that such testimony or documentary evidence might tend to incriminate such person; provided that if, after a claim of privilege, the attorney general, in writing, orders such person to testify or produce documentary evidence, that person shall not be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing which such person, under oath, disclosed or produced. No person so testifying shall be exempt from prosecution or punishment for any perjury committed by such person in such testimony.
284-A:20 Local Option. No license shall be issued by the commission for holding a dog race meet in any town until the town at an annual or special meeting called for the purpose has, by majority vote of those voting on the question, approved of the issuance of a license in the town. Approval by the voters under this section shall be valid for 10 years. If no license is issued within 10 years from the date of approval, a subsequent vote of approval shall be required before a license shall be issued by the commission.
284-A:21 Penalties. Any person who, individually or as an officer of a corporation or association, knowingly conceals or assists in the concealment, or fails to disclose, information required to be provided as specified in RSA 284-A:19 shall be fined not more than $5,000, or imprisoned for not more than one year or both.
Pari-Mutuel Licenses and Supervision
284-A:22 Licensing Requirements for Horse Races.
I. Any person, association, or corporation desiring to hold a horse race or meet for public exhibition, at which pari-mutuel pools are to be sold, shall apply to the commission for a license to do so. The application shall be signed and sworn to by the person or executive officer of the association or corporation and shall contain the following information:
(a) The full name and address of the person, association, or corporation.
(b) If an association, the names and residences of the members of the association.
(c) If a corporation, the name of the state under which it is incorporated with its principal place of business and the names and addresses of its directors and stockholders.
(d) The exact location where it is desired to conduct or hold races or race meets.
(e) Whether or not the racing plant is owned or leased, and if leased, the name and residence of the fee owner, or if a corporation, of the directors and stockholders of such corporation.
(f) A statement of the assets and liabilities of the person, association, or corporation making such application.
(g) Such other information as the commission may require.
II. It shall be the responsibility of any license applicant or holder to inform the commission immediately of any material change or anticipated material change in the information required in this section.
III. The commission shall have the power to require, at the applicant's or holder's expense, that any financial information provided under paragraphs I and II be verified by an audit performed by a certified public accountant. The commission shall have the further power to require that as a condition of securing a license or of continuing to hold a license the license applicant or holder make available its books and records so as to permit the commission to perform such independent auditing or financial analysis as the commission may deem necessary. In so doing, the commission may employ certified public accountants and any other financial analysts or investigators necessary to perform said auditing and may pay them reasonable compensation, on the warrant of the governor, out of any money in the treasury not otherwise appropriated.
284-A:23 Issuance of Horse Racing Licenses. If the commission is satisfied that all the provisions of this chapter and the rules prescribed have been and will be complied with by the applicant and that the financial backing upon which said application is predicated is sound and is committed in support of said application, it may issue a license which shall expire on December 31. The license shall set forth the name of the licensee, the place where the races or race meets are to be held, and the time and number of days during which racing may be conducted by the licensee. Any license issued shall not be transferable nor assignable. The commission shall have power to revoke any license for good cause upon reasonable notice and hearing. The commission may at any time for cause require the removal of any employee or official employed by any licensee under this chapter. The license of any corporation shall automatically cease upon the change in ownership, legal or equitable, of 50 percent or more of the voting stock of the corporation and the corporation shall not hold a running or harness horse race or meet for public exhibition without a new license.
284-A:24 Issuance of Greyhound Racing Licenses. If the commission is satisfied that all the provisions of this chapter and the rules prescribed have been and will be complied with by the applicant and that the financial backing upon which said application is predicated is sound and is committed in support of said application, it may issue a license which shall expire on December 31. No licensee shall hold more than one license under RSA 284-A:23 (running or harness horses) while holding a license under this section. The license shall set forth the name of the licensee, the place where the races or race meets are to be held, and the time and number of days during which racing may be conducted by said licensee. Any license issued shall not be transferable nor assignable. Said commission shall have power to revoke any license for good cause upon reasonable notice and hearing. The commission may at any time for cause require the removal of any employee or official employed by any licensee under this chapter. The license of any corporation shall automatically cease upon the change in ownership, legal or equitable, of 50 percent or more of the voting stock of the corporation and the corporation shall not hold a dog race or meet for public exhibition without a new license. Any New Hampshire agricultural fair association certified as such, by the commissioner of agriculture, shall be entitled to one special 6-day license annually to hold a dog race meet.
284-A:25 Financial Condition of Licensee. The commission shall monitor the financial condition of its licensees on a continuing basis and shall have the power to revoke, after hearing, any license if in its judgment the financial condition of the licensee does not warrant a continuation of such license, or, in lieu of revocation, to impose such conditions upon the continued possession of the license as the commission deems reasonably necessary to the functioning of such licensee on a sound financial basis.
284-A:26 License Restricted. Notwithstanding any other provision of law, the commission shall not issue a license pursuant to RSA 284-A:24 to any applicant if the place where the races or race meets are to be held is within a radius of 40 miles of the place where such races or race meets have already been licensed pursuant to RSA 284-A:24.
284-A:27 Restriction on Issuance of License. No license shall be issued by the commission under the provisions of this chapter for holding a race meet in any town unless and until the town at an annual or special meeting called for such purpose has by majority vote approved of the issuance of such license in the town. Provided, however, that nothing in this section shall be construed or apply to the issuances of licenses by the commission in towns where licensed race meets have previously been held under the provisions of this chapter.
284-A:28 Restriction on Sunday Racing. No license shall be issued by the commission under the provisions of this chapter for holding a race meet on a Sunday in any town unless and until the town at an annual or special meeting called for such purpose has by majority vote approved of the issuance of such license in the town.
284-A:29 Restriction on Gambling. Notwithstanding any other provision of law, except as provided in RSA 284-A:44 and in the introductory paragraph of RSA 284-A:45, no licensee who holds running horse races shall at the same facility hold any other kinds of races or permit any other type of gambling except harness horse races and sweepstakes activities licensed under this chapter.
284-A:30 Bond of Licensee. Every person, association, or corporation licensed under the provisions of this chapter, shall, before such license is issued, give a bond to the state in such reasonable sum not exceeding $300,000, as may be fixed by the commission, with a surety or sureties to be approved by the commission, conditioned to faithfully make the payments prescribed under this chapter, including the compensation of stewards, veterinarians or judges employed by the state of New Hampshire at any race or meet and that such reimbursement shall include the employer's share of old age survivors insurance (OASI) taxes, and to keep its books and records and make reports as required by this chapter, and to conduct its racing in conformity with this chapter and with the rules adopted by the commission.
284-A:31 Rules of Racing. The commission may adopt rules pursuant to RSA 541-A of racing including rules providing for the licensing, supervising, disciplining, suspending, fining and barring from racing, on any tracks under the jurisdiction of the commission, of horses, owners, breeders, authorized agents, sub-agents, nominators, trainers, jockeys, jockey apprentices, jockey agents, and any other persons, organizations, associations, or corporations, the activities of whom affect the conduct and operation of running or harness horse races at racetracks under the jurisdiction of the commission. At such tracks no person shall enter a horse or participate in any running or harness horse race or meet as an owner, agent, nominator, trainer, jockey, jockey apprentice, or jockey agent within the state without having first procured from the commission a license so to act, and paying such fees as the commission may determine to be reasonable and proper. The commission, for proper cause, may issue a temporary license for a period not to exceed 10 days to any person to enable such person on behalf of an owner who is not present in this state to enter a horse or so participate in any running or harness horse race or meet. Such licenses may be revoked by the commission at any time for cause.
284-A:32 Prohibition. No person, association, or corporation shall knowingly employ in any capacity at race tracks under the jurisdiction of the commission any person who has been convicted of violating any state or federal law relative to gambling within a period of 10 years prior to the application for employment. Whoever knowingly violates any of the provisions of this section shall, if a natural person, be guilty of a misdemeanor, and any other person shall be guilty of a felony.
284-A:33 Stewards. There shall be at least 3 stewards to supervise each running or harness horse race or meet, conducted under the provisions of this chapter, at which pari-mutuel pools are sold. One of such stewards shall be the official steward of the gambling commission, and the remaining stewards shall be appointed by the person, association or corporation conducting the race or meet, subject to the approval of the commission. The stewards shall exercise such powers and perform such duties at each race meet as may be prescribed by the rules of the commission.
284-A:34 Rights Protected. No licensee conducting a race or meet under this chapter, no member of the state gambling commission, no steward, judge, or assistant official appointed to act as such pursuant to the provisions of this chapter, shall be liable for damages to any person, association or corporation for any cause whatsoever arising out of or from the performance by such licensee, commissioner, steward, judge or assistant official of such person's duties and the exercise of discretion with respect to such duties, so long as the person acted in good faith, without malice or improper motive.
284-A:35 Judges. There shall be at least 3 judges to supervise each dog race or meet, conducted under the provisions of this chapter, at which pari-mutuel pools are sold. One of such judges shall be the official judge of the state gambling commission, and the remaining judges shall be appointed by the person, association or corporation conducting the race or meet, subject to the approval of the commission. The judges shall exercise such powers and perform such duties at each race as may be prescribed by the rules and regulations of the commission.
284-A:36 Veterinarians Appointed. There shall be a veterinarian appointed by the commission at each race or meet conducted under the provisions of this chapter at which pari-mutuel pools are sold. The governor and council shall approve a rate per performance to be paid to such veterinarians. The veterinarians shall not be eligible for state fringe benefits. Veterinarians appointed under this section shall exercise such powers and perform such duties at each race or meet as may be prescribed by the rules of the commission.
284-A:37 Compensation of Stewards, Judges, and Veterinarians. Compensation of the commission veterinarian, and of the official state steward or associate judges of the commission shall be reimbursed to the state by the person, association, or corporation conducting the race or meet, and such reimbursement shall include the employer's share of OASI taxes. The commission may establish the salaries of the state steward and associate judges. Payments to the state required under this section shall be made no later than 30 calendar days after receipt of billing from the commission. Failure to make payments in the time prescribed shall subject the licensee to a civil forfeiture of up to $50 for each day the payments are overdue, at the discretion of the commission.
284-A:38 Payment for Laboratory Testing.
I. Each licensee shall reimburse to the commission, for the actual cost, including indirect costs, of each laboratory test conducted by the commission on the horse or dog that performed live at the licensee's track, an amount equal to the actual cost of such test. The commission shall provide the licensee with an invoice within 10 days after the end of each month in which the licensee conducts live racing, and the licensee shall pay the invoice within 30 days after receipt of the invoice. Each invoice shall specify the number of tests conducted during the previous month, the identity of the animals tested, the results of each test, and the costs associated with each test.
II. A report summarizing testing activity shall be provided by the commission to the fiscal committee on a quarterly basis. The fiscal committee may establish guidelines for the type and extent of information to be included in the report. The commission shall develop a cost allocation plan which includes all steps necessary to prevent unnecessary or excessive testing while maintaining the commission's duty to conduct as many tests as it deems necessary. Upon approval of the fiscal committee, this plan shall be presented to the governor and to the senate and house finance committees for their consideration in developing the budget.
III. In the event that a licensee elects to increase the applicable commission on all other pools as provided in RSA 284-A:43, above the applicable minimum commission of either 25 percent or 26 percent, then the maximum liability of such licensee for reimbursement of the costs associated with laboratory testing under RSA 284-A:38, I, shall be the lesser of:
(a) The actual costs, including indirect costs, of each laboratory test conducted by the commission; or
(b) The amount of the commission on all other pools in excess of the applicable minimum commission set forth in RSA 284-A:43. In the event that a licensee elects to maintain the commission on all other pools at the applicable minimum commission set forth in RSA 284:22, then such licensee shall be liable for the actual costs as determined under RSA 284-A:38, I and RSA 284-A:38, II.
284-A:39 Penalty. Except in cases when another penalty is provided in this chapter, any person, association, or corporation holding or conducting, or any person or persons aiding or abetting in the holding or conducting of, any running or harness horse race or dog race or meet for public exhibition, at which pari-mutuel pools are sold, without a license duly issued by the commission, or any person, association, or corporation who violates any of the provisions of this chapter, or who violates any of the rules adopted by the commission, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
284-A:40 False Entry.
I. No person shall knowingly enter or cause to be entered for competition, or knowingly compete with, any horse or dog under any other than its true name, or out of its proper class, for any purse, prize, premium, stake or sweepstakes offered to the winner of a contest of speed.
II. The name of any horse or dog, for the purpose of entry for competition or performance in any contest of speed, shall be the name under which said horse or dog has been registered and has publicly performed, and shall not be changed, except as provided by the code of printed rules of the society or association under which the contest is advertised to be conducted.
III. Any person violating any provision of this section shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person.
284-A:41 Malicious Interference with Horses or Dogs. Any person who willfully or maliciously attempts to or does interfere with, tamper with, injure, or destroy by the use of narcotics, drugs, stimulants, or appliances of any kind any horse or dog used for the purpose of racing, whether such horse or dog be the property of such person or another, or who willfully or maliciously causes, instigates, counsels, or in any way aids or abets any such interference, tampering, injury, or destruction shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person. The owner of any race horse or race dog engaged in racing within this state that is found to have been stimulated or doped, or any entry of which such horse or dog is a part, shall be denied any part of the purse offered for such race, and the purse shall be distributed as in the case of a disqualification.
284-A:42 Rights of Licensee; Trespassing.
I. Any licensee under this chapter may refuse admission to or eject from the grounds or the enclosure of the racetrack where a licensed race or race meet is being 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 race meet or is detrimental to the sport of racing, whether or not such presence or offensive conduct is associated with gambling.
II. The phrase "grounds or the enclosure of the racetrack" means all real or personal property used by the licensee in the operation of the racetrack, including without limitation, the parking lots, grandstands, stables, barn areas, kennels, and buildings at the racetrack.
III. Any person or persons within said enclosure without right or to whom admission has been refused or who has previously been ejected shall be guilty of a misdemeanor.
Pari-Mutuel Pool; Distribution of Tax
284-A:43 Pari-Mutuel Pools. During the calendar years of 1941-2009, a licensee under this chapter may sell pari-mutuel pools in accordance with this chapter and rules adopted by the 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-A:44, and not elsewhere.
I. The commission on all win, place, and show pari-mutuel pools at tracks or race meets at which running horse races are conducted for public exhibition shall be uniform throughout the state at the rate of 19 percent of each dollar wagered in such pools, and the commission on all other pari-mutuel pools at such tracks or race meets shall be at the rate of not less than 26 percent of each dollar wagered in such pools and not more than 27 percent of each dollar wagered in such pools as determined from time to time by the licensee which conducts live running horse races after written notice to the commission and, in the absence of written notice, at the rate of 26 percent of each dollar wagered in such pools. Except as provided in RSA 284-A:44, the amount of the purse at such tracks or race meets at which running horse races are conducted shall be 8-1/4 percent of each dollar wagered in all pari-mutuel pools, said 8-1/4 percent to be paid by the licensee out of the commission on such pools. In addition to the above commission, 1/2 of the odd cents of all redistribution based on each dollar wagered exceeding a sum equal to the next lowest multiple of 10, known as "breakage", shall be retained by the licensee, 1/4 paid to the state treasury for the use of the state in accordance with the provisions of RSA 284-A:10 and 1/4 shall be paid to the commission. The commission shall distribute such breakage to the licensee which paid such breakage to supplement purses of live races conducted by the licensee at the location from which such breakage was paid. Each licensee shall pay the tax provided for in RSA 284-A:45.
II. The commission on all win, place, and show pari-mutuel pools at tracks or race meets at which harness horse races are conducted for public exhibition, including those conducted by agricultural fairs, shall be uniform throughout the state at the rate of 19 percent of each dollar wagered in such pools, and the commission on all other pari-mutuel pools at such tracks or race meets shall be at the rate of not less than 25 percent of each dollar wagered in such pools and not more than 26 percent of each dollar wagered in such pools as determined from time to time by the licensee which conducts live harness horse racing after written notice to the commission and, in the absence of such written notice, at the rate of 25 percent of each dollar wagered in such pools. In addition to the above commission, 1/2 of the odd cents of all redistribution based on each dollar wagered exceeding a sum equal to the next lowest multiple of 10, known as "breakage", shall be retained by the licensee, 1/4 paid to the state treasury for the use of the state in accordance with the provisions of RSA 284-A:10 and 1/4 shall be paid to the commission. The commission shall distribute such breakage to the licensee which paid such breakage to supplement purses of live races conducted by the licensee at the location from which such breakage was paid. Each licensee shall pay the tax provided for in RSA 284-A:45.
III. For the purposes set forth in this section, an "agricultural fair" means an association which provides for and pays premiums of $5,000 or more, annually, as is determined by the commissioner of agriculture, markets, and food.
IV. The commission on all win, place, and show pari-mutuel pools at tracks or race meets at which dog races are conducted for public exhibition shall be uniform throughout the state at the rate of 19 percent of each dollar wagered in such pools; and the commission on all other pari-mutuel pools at such tracks or race meets shall be at the rate of not less than 26 percent of each dollar wagered in such pools and not more than 27 percent of each dollar wagered in such pools as determined from time to time by the licensee which conducts live dog racing after written notice to the commission and, in the absence of such written notice, at the rate of 26 percent of each dollar wagered in such pools. In addition to the above commission, 1/2 of the odd cents of all redistribution based on each dollar wagered exceeding a sum equal to the next lowest multiple of 10, known as "breakage", shall be retained by the licensee, 1/4 paid to the state treasury for the use of the state in accordance with the provisions of RSA 284-A:10 and 1/4 shall be paid to the commission. The commission shall distribute such breakage to the licensee which paid such breakage to supplement purses of live races conducted by the licensee at the location from which such breakage was paid. Each licensee shall pay the tax provided for in RSA 284-A:45.
284-A:44 Pari-Mutuel Pools on Simulcast Racing.
I. In this section:
(a) "State" means each state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession of the United States.
(b) "Simulcast" means a licensee's receipt of the transmission of races conducted at a racetrack other than the licensee's racetrack and which races are exhibited simultaneously at the licensee's racetrack by television or other means of electronic reproduction with the conduct of such races at the point of origin and on which races the licensee sells pari-mutuel pools.
(c) "Licensee" means any individual, association, partnership, joint venture, corporation, or other organization or other entity which holds a license under RSA 284-A to conduct a race meet.
II.(a) During the calendar years 1941-2009, a licensee may sell pari-mutuel pools on races held at racetracks other than the racetrack at which the licensee conducts its race meet, provided:
(1) Such sales are within the enclosure of the racetrack at which the licensee holds a license for the current year to conduct live racing in this state;
(2) Wagers are made on races which are exhibited by television or other means of electronic reproduction at the licensee's racetrack simultaneously with the conduct of each such race at its point of origin with the agreement or approval of the racetrack which provides the transmission of the races to be simulcast and the racetrack which conducts the races to be simulcast;
(3) The licensee has scheduled at least 100 days of live racing in the calendar year in which the licensee simulcasts, or if the licensee does not have scheduled at least 100 days of live racing in such calendar year, the licensee conducts live racing on the day on which the licensee simulcasts; and
(4) The licensee obtains the consents and approvals set forth in RSA 284-A:44, III.
(b) In the event that, for the period of any 2 consecutive calendar years after the effective date of this section, no person, corporation or association is licensed to conduct live running horse racing or a live running horse race meet in any of the New England states, other than New Hampshire, then in each calendar year thereafter, and provided that there is no live running horse racing or a live running horse race meet in any New England state, other than New Hampshire, during any part of such calendar year, the aggregate number of days on which the licensee conducts live racing in each calendar year shall exceed the aggregate number of days on which the licensee simulcasts only. Such licensee shall also comply with all provisions of RSA 284-A:44, II(a). For the purposes of this section only, live running horse racing or a live running horse race meet in any of the New England states, other than New Hampshire, shall not include live running horse racing or a live running horse race meet conducted by any person, corporation or association solely in conjunction with a state, county or local fair for a period of 15 calendar days or less, in a calendar year.
III. A licensee may sell pari-mutuel pools on races held at other appropriately licensed racetracks, whether such racetracks are in the state of New Hampshire or outside the state of New Hampshire with the agreement or approval of the racetrack which provides the transmission of the races to be simulcast and the racetrack which conducts the races to be simulcast. A licensee may sell pari-mutuel pools under this section on the same types of races that it conducts live at its racetrack with the approval of the commission. A licensee may sell pari-mutuel pools under this section on types of races different from the type of races conducted live at the licensee's racetrack provided:
(a) The licensee obtains the approval of the commission; and
(b) The licensee shall have received town approval under RSA 284-A:27 to conduct the type of racing which is to be simulcast prior to or subsequent to the effective date of this section; the type of racing which is to be simulcast shall have been approved by the town in which the licensee's racetrack is located in accordance with this section prior to or subsequent to the effective date of this section; or the acceptance of wagers or simulcast races of a type other than the type of racing which the licensee conducts live at its racetrack shall have been approved by a majority vote at an annual town meeting or special town meeting called for such purpose in the town in which the licensee's racetrack is located.
IV. A licensee which has scheduled less than 100 days of live racing in a calendar year may simulcast on a day on which live racing is scheduled at the licensee's race track, without conducting live racing, provided that the live racing program is cancelled due to weather or other conditions which produce unsafe conditions at the racetrack of the licensee. The determination to cancel a live program based upon weather or the condition of the racetrack shall be made by the licensee, and notice shall be provided to the commission. Notwithstanding the foregoing, a licensee which has scheduled less than 100 days of live racing shall be limited to no more than 10 such cancellations in a calendar year.
V.(a) A licensee may sell pari-mutuel pools for simulcast races for races held at racetracks within or outside the state of New Hampshire in accordance with RSA 284-A:44, II, within the enclosure of said licensee's racetrack or a licensee, with the written agreement with the licensee which conducts or transmits the race which is to be simulcast, may sell a common pari-mutuel pool in conjunction with the licensee which conducts or transmits the race which is to be simulcast. In the event of common pools, the licensee which conducts or transmits the race shall pay the tax required under RSA 284-A:45 for the portion of the common pool actually contributed at said licensee's racetrack and the licensee which simulcasts shall pay the tax due under RSA 284-A:45 for the portion of the common pool actually contributed at said licensee's racetrack.
(b) A licensee may sell pari-mutuel pools for simulcast races for races held at racetracks outside the state of New Hampshire in accordance with RSA 284-A:44, II, within the enclosure of said licensee's racetrack or said licensee, with the written agreement with the entity which conducts the race which is to be simulcast, may sell a common pari-mutuel pool in conjunction with the entity which conducts the race which is to be simulcast. In the event of such common pools, the commission shall be in the amount established by the law of the state in which the race to be simulcast is actually conducted, provided, however, the licensee shall pay the tax as provided under RSA 284-A:45.
VI. Racing officials, as defined in the rules adopted by the commission, any employee or owner of the entity which provides the totalizator system to the licensee, and any person responsible for the operation of the electronic reproduction equipment which receives the simulcast shall be prohibited from participating in wagering, directly or indirectly, on simulcast races shown at the licensee's racetrack.
VII. The provisions of RSA 284-A:23, RSA 284-A:24, RSA 284-A:26, RSA 284-A:27, RSA 284-A:28, and RSA 284-A:29 shall not apply to simulcast and pari-mutuel pools under this section, except as specifically provided.
VIII. RSA 284-A:43, I, II, III, and IV shall apply according to the type of race on which the simulcast wagers are made, excepting, however, interstate common pools as provided in RSA 284-A:44, V(b) and that the provisions made for purses made in RSA 284-A:43, I shall not apply to simulcast races. The commission on simulcast race pools shall be available to the simulcasting licensee to satisfy obligations to the racing association originating or transmitting such simulcast races or to the horsemen's group of such association.
284-A:45 Tax.
I.(a) Each person, association or corporation licensed to conduct a running horse race or running horse meet under this chapter shall pay to the state treasurer a sum of money equal to one percent of the total contributions to all pari-mutuel pools conducted, made, or sold at any such race or meet licensed under this chapter. The amounts so paid to the state treasurer shall be for the use of the state.
(b) Each person, association, or corporation licensed to simulcast a running horse race or running horse meet under this chapter shall pay to the state treasurer a sum of money equal to 1-1/4 percent of the total contributions to all such pari-mutuel pools conducted, made, or sold at such simulcast race or simulcast race meet by such person, association, or corporation licensed to simulcast such races. The amount so paid to the state treasurer shall be for the use of the state.
II.(a) Each person, association, or corporation licensed to conduct a harness horse race or harness horse race meet under this chapter shall pay to the state treasurer a sum of money equal to one percent of all total contributions to all pari-mutuel pools in a calendar day. The amount so paid to the state treasurer shall be for the use of the state.
(b) Each person, association, or corporation licensed to simulcast a harness horse race or simulcast a harness horse race meet under this chapter shall pay to the state treasurer a sum of money equal to 1-1/4 percent of the total contributions to all such pari-mutuel pools conducted, made, or sold at such simulcast race or race meet by such person, association, or corporation licensed to simulcast such races. The amount so paid to the state treasurer shall be for the use of the state.
III.(a) Each person, association, or corporation licensed to conduct a dog race or a dog race meet under this chapter shall pay to the state treasurer a sum of money equal to 1-1/4 percent of so much of the total contributions to all pari-mutuel pools conducted, made, or sold at any dog race or dog race meet licensed under this chapter. The amount so paid to the state treasurer shall be for the use of the state.
(b) Each person, association or corporation licensed to simulcast a dog race or simulcast a dog race meet under this chapter shall pay to the state treasurer a sum of money equal to 1-1/2 percent of all pari-mutuel pools conducted, made, or sold at such simulcast race or simulcast race meet by such person, association, or corporation licensed under this chapter. The amount so paid to the state treasurer shall be for the use of the state.
IV. Each person, association, or corporation licensed to conduct a race or race meet under this chapter shall also pay to the city or town treasurer in which the racing plant is located for each day of racing, whether such day includes live racing only, simulcast racing only, or a combination thereof, the fees assessed in subparagraphs (a) and (b) below, based upon the aggregate pari-mutuel pools conducted, made, or sold by such person, association, or corporation on each such day. This rate is provided if said person, association, or corporation has a license to conduct races or race meets for more than 10 days during the year for which the license is issued. If said person, association, or corporation has a license to conduct races or race meets for 10 days or less, the per diem fee shall be determined by the commission.
(a) Each Weekday including Saturday
Pari-mutuel pool Fee
Under $300,000 $ 300 per day
$300,000 or more $ 350 per day
(b) Each Sunday
Pari-mutuel pool Fee
Under $350,000 $ 400 per day
$350,000 but under $500,000 $ 800 per day
$500,000 or more $1,200 per day
V. The tax rates established by paragraphs I and II of this section shall remain in effect only until the bonds obtained by any entity for reconstruction of Rockingham Park have been paid off, unless such bonds are refinanced by the entity which owns Rockingham Park, and in such latter event, until such refinancing is paid off, but in no event later than December 31, 2009.
VI. During each calendar year, by March 31, each licensee shall make a report to the commission with regard to such licensee's efforts to enhance live racing at such licensee's race track. Such report shall include, but not be limited to, licensee's enhancement of purses, capital improvements, promotion, advertising, and other activities determined by the licensee to enhance live racing. The report shall be in writing and shall be in sufficient detail as determined by the commission. The report shall be distributed to the commission and each member of the fiscal committee.
VII. For the purposes of this chapter, "racing program" means live racing with any number of individual races as determined by the commission. A live race or racing program may include a combined live and simulcast race where the combination contains at least one more live race to simulcast in the same combination. Any such live racing program or combined racing program upon which a separate tax is paid may constitute a live racing performance day.
284-A:46 Payment. Payments made under RSA 284-A:45 shall be made no later than 3 calendar days after each racing day. Failure to make payments in the time prescribed shall subject the licensee to a civil forfeiture of $50 for each day the payments are overdue.
284-A:47 Unclaimed Ticket Money. On or before January 31 of each year every person, association or corporation conducting a race or race meet, whether live racing or simulcast racing, hereunder shall pay to the state treasurer all moneys collected during the previous year of pari-mutuel pool tickets which have not been redeemed. The books or records of such person, association or corporation, which clearly show the tickets entitled to reimbursement in any given race, live or simulcast, shall be forwarded to the commission. Such moneys shall become a part of the general funds of the state. The state treasurer shall pay the amount due on any ticket to the holder of such ticket from funds not otherwise appropriated upon an order from the commission. Pari-mutuel tickets which remain unclaimed after 11 months shall not be paid.
284-A:48 Annual Financial Statements Required. Every person, association, or corporation conducting a race or race meet, except those conducted by agricultural fairs, shall annually submit to the commission on or before June 1 an annual financial report of the entity licensed to conduct the race or race meet. The report shall include, at a minimum, a balance sheet, an income statement, a statement of changes in retained earnings, a statement of changes in financial position and the applicable notes to those financial statements for the prior year's operations of the person, association, or corporation, audited by a public accountant or certified public accountant licensed to practice in the state of New Hampshire in accordance with RSA 309-A. Such audit and the auditor's report shall conform to generally accepted auditing standards as prescribed by the American Institute of Certified Public Accountants.
284-A:49 Penalty for Failure to Submit.
I. Every person, association or corporation required to submit an annual statement pursuant to RSA 284-A:19 or an annual financial report pursuant to RSA 284-A:48 who fails to submit such statement or report within the required time period shall be subject to a civil forfeiture of up to $500 for each day of a continuing violation. Civil forfeitures shall be levied under this section by the state pari-mutuel commission, shall be collected by the attorney general, and shall be deposited in the general fund as unrestricted revenue. Such civil penalty shall be in addition to and not a substitute for any other civil or criminal penalty provided by law.
II. The commission shall notify in writing the attorney general and the fiscal committee of the general court whenever any person, association or corporation fails to submit such statement or report within the required time period and shall also include in said notice the amount of any civil forfeiture levied pursuant to this section. In the event that the commission grants an extension of time in which to file such statement or report, the commission shall notify in writing the attorney general and the fiscal committee of the general court of such extension, the legal basis for granting the extension, and the reason the extension was granted.
284-A:50 Minors. No minor, whether attending a race or employed in any manner on or about a race track, shall be permitted to participate in any pari-mutuel pool or be admitted to any pari-mutuel enclosure.
284-A:51 Effect on Other Laws. RSA 338 and RSA 647 shall not apply to pari-mutuel pools provided for by this chapter.
Sweepstakes
284-A:52 Authorization; Sale of Tickets; Advertising.
I. The commission is hereby authorized:
(a) To conduct public drawings at such intervals and in such places within the state as the commission may determine. If governor and council grant approval, such drawings may be in the form of pure lotteries and if so, shall not be associated in any way with a sporting event. Such drawings may also be associated with horse or dog races or both as provided in this subdivision. At least one such drawing each year shall be based on a sweepstakes horse or dog race or both held within the state.
(b) To contract with any licensee to conduct sweepstakes races within the enclosure of any racetrack in the state where races or race meets are held under this chapter, or in the alternative or in addition, to affiliate the public drawings authorized in this subdivision with such thoroughbred races or race meets held within or without the state, either before or after the public drawings, as the commission may determine.
(c) To conduct both pure lotteries and horse or dog race or both sweepstakes if the commission, with the approval of governor and council, shall determine that such program will best accomplish the purposes of this subdivision.
II. Tickets for such pure lotteries and sweepstakes races:
(a) Shall be sold by the state gaming commission (1) in state liquor stores and the state liquor commission is hereby directed to cooperate with the state gaming commission in the sale of such tickets, and (2) within the enclosure of any track where a race or race meet is conducted by license issued under this chapter, and the gaming commission is authorized to request and accept cooperation of the licensee in the sale of such tickets.
(b) May be sold by the gaming commission in the following locations: Branch offices of the commission, to be established at the information area adjacent to the Hampton toll station and the Hooksett toll station, and commission's office in Concord. Each branch office at the Hooksett and Hampton toll stations will be in a new building to be constructed by the department of public works and highways in accordance with their design and specifications. The commission is hereby authorized to contract with the department of public works and highways for the construction of these buildings, the cost of which will be a charge against sweepstakes revenue. Tickets sold at any of the locations provided for by this subparagraph shall be sold only by commission employees or through automatic ticket dispensing machines.
(c) May be sold by the commission in the following locations:
(1) At, within, or upon the following premises owned or controlled by the state: Franconia State Park, Hampton Beach State Park, Mount Sunapee State Park, and Crawford Notch State Park. The state agency responsible for the operation of these locations shall have regulatory powers over the sales and advertising of sweepstakes tickets at the above locations.
(2) At, within, or upon the following premises owned or controlled by a political subdivision of the state: Weirs Beach, provided, however, that the voters of the city of Laconia have signified their approval of the sale of sweepstakes tickets in said city pursuant to the provisions of RSA 284-A:55 at the biennial election of November, 1966 and so signify biennially thereafter. The commission shall obtain prior permission from the administrative authorities for this location before selling tickets at, within, or upon these premises.
(d) May be sold by or for the commission at designated locations, other than grounds and campuses of public and private schools, colleges and universities, by persons, whether natural, associate or corporate, authorized to sell such tickets on a uniform 5 percent commission basis for services rendered, which sum shall be the sole compensation paid to the principal for such ticket selling. All sales shall be subject to the rules of the commission provided:
(1) That sales from mobile units shall be limited to sales by employees of the commission;
(2) That voters of the towns and cities in which sales outlets are located, have signified approval of sweepstakes ticket sales pursuant to RSA 284-A:55.
(e) Persons who have been convicted of a felony shall not be allowed to sell sweepstakes tickets.
III. No tickets shall be sold at any locations to minors.
IV. The commission is authorized to advertise the sale of tickets at each sales location. Any other advertising by the commission of ticket sales will require prior approval of governor and council.
V. The commission is hereby authorized to sell sweepstakes tickets on Sunday within the enclosure of all licensed race tracks.
284-A:53 Insurance Authorized. The commission is hereby authorized to purchase such insurance as it may deem necessary or desirable to insure itself, the state of New Hampshire and its ticket sales agents against any claims which may arise out of the acts or omissions of any such agent in connection with or in any way related to the sale of tickets. Such insurance shall be purchased on behalf of the commission by the division of purchase and property.
284-A:54 Administrative and Rulemaking Provisions.
I. The commission shall be empowered to employ such technical assistants and employees to carry out the provisions of this subdivision as the governor and council shall authorize. Such assistants and employees shall receive compensation at rates to be established by the personnel commission. No employee of the commission shall have any pecuniary or other interest in any supplier or agent to the commission, or in any supplier or lessor of bingo equipment or halls, or in any officer of a bingo licensee licensed under RSA 287-E, or in any licensee licensed under this chapter.
II. The commission shall adopt rules, under RSA 541-A, relative to:
(a) Holding and conducting drawings and sweepstakes races and the sale of tickets for such drawings and races;
(b) Establishing and fixing the purses, not to exceed an aggregate sum of $325,000 for a single calendar year, to be awarded horses, or dogs, or both in sweepstakes races;
(c) Establishing
(1) The price for which tickets for drawings and sweepstakes races shall be sold; not to exceed $3 per ticket;
(2) The method by which tickets sold for drawings and sweepstakes races shall be determined to be winning tickets; and
(3) The money or prizes to be awarded holders of winning tickets.
III. In establishing the money or prizes to be awarded the holders of winning tickets and the purses for the horses or dogs or both, the commission shall be governed by the primary purpose of the sweepstakes, to raise revenue for the benefit of public education. They shall conduct such studies and make such investigation, either directly or through their agents, as will apprise them of prizes and money awarded to the holders of winning tickets in similar drawings wherever held. They shall consider the size of purses for the horses or dogs or both as bearing on the question of gaining public confidence in the sweepstakes races. They shall fix the prizes and amounts of money to be awarded winners as well as the purses for the horses or dogs or both in such manner as will yield the largest net revenue for the benefit of public education, bearing in mind the expenses to be incurred, and all other factors which tend to influence net revenue.
IV. The commission shall adopt a uniform set of rules under RSA 541-A and after public hearing applicable to all instant sweeps games, including, but not limited to, how prizes are claimed and how tickets are validated. The commission may establish the following requirements without adopting rules under RSA 541-A, provided such requirements are printed clearly on the tickets issued by the commission:
(a) The name of the game;
(b) The cost of the ticket;
(c) The amount of instant prizes;
(d) The method for determining winning tickets which is unique to that particular game.
V.(a) The commission shall adopt rules under RSA 541-A and after public hearing relative to daily numbers games, including, but not limited to:
(1) Rules of the game.
(2) Types of bets.
(3) Prize payments for each type of bet.
(4) Ticket validity, including the appeal process to the commission for decisions made by representatives of the commission appointed by the commission to carry out its rules.
(5) Requirements of ticket agents.
(b) The commission or its designee may establish the following requirements relative to daily numbers games without adopting rules under RSA 541-A, provided that the commission or its designee gives notice of said requirements in a newspaper or daily statewide publication at least 24 hours in advance of taking any action:
(1) Limitation on the number of bets.
(2) Conduct of drawings, including cancellation and rescheduling of drawings.
(3) Cost of tickets.
284-A:55 Sale; Local Option.
I. Whether or not the commission may continue to sell tickets in a city or town shall be determined as provided in RSA 663:7 and 8.
II. Recounts of any votes taken pursuant to RSA 663:7 shall be subject to RSA 660:13 through 15.
284-A:56 Effect on Other Laws. All acts and parts of acts inconsistent with the provisions of this subdivision are hereby amended to the extent of the provisions of this subdivision.
284-A:57 Special Taxes. If the governor and council so authorize, the commission may add to the selling price authorized under RSA 284-A:54 an amount not in excess of the amount of any tax levied against the proceeds in the hands of the commission, and the commission may pay such taxes out of such proceeds, but only under protest. In paying any such tax the commission is instructed to assert with its protest, in addition to such other reasons as it may deem appropriate, the contention of the state of New Hampshire that taxes may not lawfully be imposed upon the type of state revenue raising measures for educational purposes as is represented by the provisions of this subdivision.
284-A:58 Constitutionality. If any clause, sentence, paragraph or part of this subdivision shall, for any reason, be judged invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
284-A:59 Purchase of Tickets for a Fee Prohibited. No person shall engage in the business of purchasing or offering to purchase a sweepstakes or lottery ticket or tickets for, in behalf of, or in the name of another for a fee or service charge which shall make the ultimate cost of such ticket or tickets to the registered owner thereof greater than the legal price of such ticket or tickets as established by the commission under the authority of this subdivision. Whoever violates the provisions of this section shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
284-A:60 Effect on Other Laws. RSA 647 shall not apply to the sale of lottery and sweepstakes tickets provided for by this subdivision.
284-A:61 Unclaimed Prize Money. The commission shall hold unclaimed prize money on a winning ticket for one year after the prize money is awarded. If there is no claim to the money during the one year, or if the commission is unable to locate the holder of a winning ticket during the one year, the commission shall pay the money to the state treasurer at the end of the one year. The state treasurer shall deposit the money into the special fund set up under RSA 284-A:10. A person who has a claim on the prize money after the money has been paid to the treasurer shall make a claim to the legislature for payment.
284-A:62 Winnings Tax Exempt. Notwithstanding any other provisions of law to the contrary, a recipient of any money or prize awarded pursuant to the provisions of RSA 284-A:54 shall be exempt from any tax imposed on such money or prize by the state of New Hampshire.
284-A:63 Incentive Awards for Ticket Sellers. The commission is authorized to pay cash incentives, not to exceed one percent of the prize awarded or a maximum of $30,000 for powerball prizes or $15,000 for other prizes, as an inducement to servants and agents, excluding commission employees, authorized to sell tickets pursuant to RSA 284-A:52, II(d), provided such sweepstakes ticket selling servant or agent sells the winning sweepstakes ticket for which the commission has authorized an incentive award.
284-A:64 Prohibition on Future Employment.
I. No commissioner or member of the citizens advisory panel of the gaming commission shall accept any employment, including work as a consultant or lobbyist, with any ticket or on-line vendor holding a valid contract with the commission or any such vendor bidding on a contract with the commission until 2 years after such person shall become separated from the commission.
II. No ticket or on-line vendor holding a valid contract with the commission or bidding on a contract with the commission shall employ any commissioner, executive director, assistant director, or games manager of the commission until 2 years after such employee has become separated from the commission. Any such vendor who violates the provisions of this paragraph shall be barred from bidding on any future contract with the commission for 5 years after such violation.
284-A:65 Child Support Intercept. The gaming commission and the division of human services shall initiate an on-line data system to effect the withholding of child support arrearages from all lottery prizes subject to Federal Tax Form W-2g reporting requirements. The full cost of such on-line data system shall be borne by the division of human services. Upon notice from the division of human services that an arrearage amount exists, the commission shall withhold such amount from any lottery prize payments and redirect such payments to the division of human services in full or partial satisfaction of the arrearage. The commission and the division of human services shall adopt rules under RSA 541-A after public hearing relative to withholding prize money from lottery claimants having child support arrearages. The commission shall also provide, by rule, safeguards against the disclosure or inappropriate use of any personally identifiable information regarding any person obtained pursuant to this section.
2 Commissioners' Salaries Deleted. Amend RSA 94:1-a, II and III to read as follows:
II. The salary wages for the positions set forth below shall be as follows commencing June 5, 1998:
Minimum Maximum
Governor's councilors $10,775
[Pari-mutuel commissioners $ 8,170
Sweepstakes commission, chairman $12,260
Sweepstakes commission, members $ 6,538]
III. Officials named in this section shall be placed in the corresponding steps in the new salary ranges as their length of service justifies and in accordance with RSA 94:3. [Sweepstakes commissioners who are members of a multi-state lottery commission and who are authorized to be compensated for such services shall be compensated in addition to their salary under RSA 94:1-a, II, provided, that such additional salary equals no more than $50 per actual day worked plus reasonable expenses for duties performed as a multi-state lottery commissioner. Racing commissioners, sweepstakes commissioners, and] The state entomologist only excepted, any official whose salary upon placement in the new salary range is less than that of a subordinate classified employee shall be placed at the next higher step in range above said classified employee and shall be entitled to any increase provided for herein until the maximum provided herein is reached. However, in the event that the maximum of the unclassified position is less than the salary of said subordinate classified employee, the governor and council is authorized to increase the maximum of the unclassified position in an amount to provide a differential of not more than $1,000.
3 RSA Section Number Revised. Amend RSA 287-B:3, II to read as follows:
II. The sale of lottery and sweepstakes tickets sold in accordance with the provisions of RSA [284:21-a to 21-r inclusive] 284-A.
4 RSA Section Number Revised. Amend RSA 287-E:4, III to read as follows:
III. All funds collected by the commission under this section and RSA 287-E:8 shall be deposited in the [special] sweepstakes fund established under RSA [284:21-j] 284-A:10.
5 RSA Section Number Revised. Amend the introductory paragraph of RSA 287-E:10 to read as follows:
287-E:10 Bingo Games at Agricultural Fairs. The commission may issue a bingo license to an agricultural fair eligible for benefits [under RSA 284:25], subject to the following conditions:
6 RSA Section Number Revised. Amend RSA 287-E:19, II to read as follows:
II. All fees collected by the commission under this section shall be deposited in the [special] sweepstakes fund established under RSA [284:21-j] 284-A:10.
7 RSA Section Number Revised. Amend RSA 287-E:22, IV to read as follows:
IV. All funds collected by the commission under this section shall be deposited in the [special] sweepstakes fund established under RSA [284:21-j] 284-A:10.
8 Gaming Commission Added. Amend RSA 287-F:5, III to read as follows:
III. The commission shall be composed of one member from each of the party states. Each party state lottery, [or] sweepstakes, or gaming commission shall appoint one of its members to serve on the tri-state lotto commission. Each member shall hold office at the pleasure of the appointing authority. The commission shall elect a [chairman] chairperson from among its members annually.
9 References Changed. Amend RSA 20:7 to read as follows:
20:7 Issuance of Reports. The following agency reports shall be issued annually: secretary of state, state treasurer, bank commissioner, insurance commissioner, division of personnel, commissioner of revenue administration, [sweepstakes commission, pari-mutuel] gaming commission, liquor commission, department of transportation, department of environmental services, adult parole board and the board of trustees of the state colleges and university. All other reports shall be issued biennially. All reports shall cover periods ending on June 30, and be submitted to the governor and council by October 1. Biennial reports shall cover periods ending in odd-numbered years.
10 Change from "Pari-Mutuel" Commission to "Gaming" Commission. Amend the following RSA provisions by replacing "pari-mutuel" with "gaming": RSA 175:1, LVI; 273-C:2, VI.
11 Change from "Sweepstakes" Commission to "Gaming" Commission. Amend the following RSA provisions by replacing "sweepstakes" with "gaming": RSA 6:12, I(a); 21-I:18, I(g); 94:1-a, I (group P); 188-F:27, VI; 287-A:8, III; 287-E:1, VI; 287-E:2; 287-E:16; 663:8.
12 Change from RSA "284" to RSA "284-A." Amend the following RSA provisions by replacing "284" with "284-A": RSA 273-C:2, IV and VI; 663:8.
13 Repeal. RSA 284, relative to horse and greyhound racing and sweepstakes, is repealed.
14 Effective Date. This act shall take effect July 1, 1999.
LBAO
99-0309
2/8/99
HB 613-FN-LOCAL - FISCAL NOTE
AN ACT consolidating the pari-mutuel commission and sweepstakes commission into a gaming commission.
FISCAL IMPACT:
The Sweepstakes Commission and the Pari-Mutuel Commission indicate this bill will decrease state general fund expenditures, increase sweepstakes fund expenditures, and decrease local revenue by an indeterminable amount in FY 2000 and each year thereafter. There will be no fiscal impact on state and county revenue or county and local expenditures.
METHODOLOGY:
The Sweepstakes Commission and the Pari-Mutuel Commission state that Pari-Mutuel Commission revenue will continue to go to the general fund but the general fund expenditures of the Pari-Mutuel Commission will become sweepstakes fund expenditures. Funds in the sweepstakes fund are continually appropriated to education and are paid to local districts as foundation aid. Any decrease in the balance of the sweepstakes fund will decrease the amount of foundation aid sent to local districts. The Commissions could not estimate the amount of general fund expenditures that would become expenditures of the Sweepstakes Commission, however, in fiscal year 1999, the Pari-Mutuel Commission expended $1,730,615 in general funds.
This bill deletes the annual payments to the commissioners (the Pari-Mutuel Commission currently has six commissioners paid $8,170 and the Sweepstakes Commission has three, the chairman who is paid $12,260 and two others paid $6,538), and provides for the members of the citizens advisory panel to be paid $2,000 each per year.