SB 405-FN-A-LOCAL - AS INTRODUCED
2000 SESSION
SENATE BILL 405-FN-A-LOCAL
AN ACT relative to greyhound racing.
SPONSORS: Sen. Wheeler, Dist 21; Sen. Roberge, Dist 9
This bill prohibits live greyhound races in New Hampshire.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2616
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to greyhound racing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Horse and Dog Racing; Pari-mutuel Commission. Amend RSA 284:6-a, I and II to read as follows:
I. There shall be a state pari-mutuel commission consisting of [6] 3 members appointed by the governor with the advice and consent of the council. [Three of the members shall represent the interests of greyhound racing. Three of] The members shall represent the interests of thoroughbred horse racing and harness horse racing. Each member shall hold office for a term of 3 years and until a successor has been appointed and qualified. Any vacancy shall be filled for the unexpired term. Annually, one member shall be chosen chairperson by the commission, and one shall be chosen as secretary.
II. The pari-mutuel commission shall assume the powers, rights, duties and responsibilities granted the state racing commission and the state greyhound racing commission under RSA 284, and any reference to the state racing commission or the state greyhound racing commission in RSA 284 or other RSA cites shall be deemed to refer to the New Hampshire pari-mutuel commission. [The New Hampshire pari-mutuel commission shall, in carrying out the purpose of this chapter, use the applicable provisions for horse racing independent of the applicable provisions for dog racing.]
2 Horse and Dog Racing; Pari-mutuel Commission; Rulemaking. Amend RSA 284:12, III to read as follows:
III. The operation of race tracks on which running or harness horse [or dog] races or meets are held.
3 Horse and Dog Racing; License Required. Amend RSA 284:12-a to read as follows:
284:12-a 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.
4 Horse and Dog Racing; Issuance of Licenses to Simulcast at Former Dog Racetracks. Amend RSA 284:16-a to read as follows:
284:16-a Issuance of Licenses to Simulcast at Former Dog Racetracks. The provisions of this section shall apply to racetracks at which dog races were lawfully conducted between September 4, 1971 and January 1, 2001. If the [greyhound racing] pari-mutuel commission is satisfied that all [the] applicable provisions [hereof] of this chapter and the rules and regulations 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 to simulcast races which shall expire on the thirty-first day of December. No licensee shall hold more than one license under RSA 284:16 (running or harness horse) while holding a license under this section. The license shall set forth the name of the licensee, the place where the simulcast races or race meets are to be [held] exhibited, and the time and number of days during which [racing] simulcast races may be [conducted] exhibited 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 hereunder. 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] exhibit simulcast races without a new license. [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 license annually to hold a dog race meet.]
5 Horse and Dog Racing; Payment for Laboratory Testing. Amend RSA 284:20-e, I to read as follows:
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.
6 Horse and Dog Racing; Penalty for Violations. Amend RSA 284:21 to read as follows:
284:21 Penalty.
I. 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, except as provided in paragraph II, or who violates any of the rules and regulations prescribed by the commission, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. Any person conducting a live dog race at which betting, including pari-mutuel betting, takes place, or any person participating in such a race or such betting, or the training of dogs to compete in live dog races, shall be guilty of a felony.
7 Sweepstakes Commission; Sale of Tickets. Amend RSA 284:21-h, I to read as follows:
I. The sweepstakes 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 hereinafter provided. 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 thereto, to affiliate the public drawings herein authorized 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.
(d) To participate in any national or multistate pure lotteries conducted in the United States.
8 Sweepstakes Commission; Purses Awarded. Amend RSA 284:21-I, II(b) to read as follows:
(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;
9 Sweepstakes Commission; Purses Awarded. Amend RSA 284:21-i, III to read as follows:
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 sweepstakes 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 investigations, 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.
10 Pari-mutuel Pools on Simulcast Racing. RSA 284:22-a is repealed and reenacted to read as follows:
284:22-a 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 to conduct a race meet or to simulcast races at a facility at which live dog races were lawfully conducted after September 4, 1971 and prior to January 1, 2001.
(d) "Racetrack" means a facility at which live horse races are conducted pursuant to RSA 284 or at which live dog races were lawfully conducted after September 4, 1971 and prior to January 1, 2001.
II. The provisions of paragraphs III-IX shall apply only to a licensee who exhibits simulcast racing at a racetrack at which live running or harness horse races are held.
III.(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 284:22-a, IV.
(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 284:22-a, III(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.
IV. 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 RSA 284:22-a 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 RSA 284:22-a 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 city or town approval under RSA 284:17 to conduct the type of racing which is to be simulcast prior to or subsequent to the effective date of RSA 284:22-a; the type of racing which is to be simulcast shall have been approved by the city or town in which the licensee's racetrack is located in accordance with RSA 284:17 prior to or subsequent to the effective date of RSA 284:22-a; 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.
V. 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.
VI.(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 284:22-a, III, 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 284:23 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 284:23 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 284:22-a, III, 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 284:23.
VII. 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.
VIII. The provisions of RSA 284:17, RSA 284:17-a, and RSA 284:17-c shall not apply to simulcast and pari-mutuel pools under RSA 284:22-a, except as specifically provided in RSA 284:22-a.
IX. RSA 284:22, I, II, and III shall apply according to the type of race on which the simulcast wagers are made, excepting, however, interstate common pools as provided in RSA 284:22-a, VI(b) and that the provisions made for purses made in RSA 284:22, 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.
X. The provisions of paragraphs XI-XVI shall apply only to a licensee who exhibits simulcast racing at a racetrack at which live dog races were lawfully conducted after September 4, 1971 and prior to January 1, 2001.
XI. During the calendar years 2001-2009, a licensee may sell pari-mutuel pools on races held at racetracks other than the licensee's racetrack, provided:
(a) Such sales are within the enclosure of the racetrack at which the licensee holds a license for the current year to exhibit simulcast racing;
(b) 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;
(c) The licensee obtains the consents and approvals set forth in RSA 284:22-a, XII.
XII. 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 RSA 284:22-a on dog races. A licensee may sell pari-mutuel pools under RSA 284:22-a on races other than dog races provided:
(a) The licensee obtains the approval of the commission; and
(b) The licensee shall have received city or town approval under RSA 284:17 to conduct the type of racing which is to be simulcast prior to or subsequent to the effective date of RSA 284:22-a; the type of racing which is to be simulcast shall have been approved by the city or town in which the licensee's racetrack is located in accordance with RSA 284:17 prior to or subsequent to the effective date of RSA 284:22-a; or the acceptance of wagers on simulcast races of a type of racing other than dog racing 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.
XIII.(a) A licensee may sell pari-mutuel pools for simulcast races held at racetracks within or outside the state of New Hampshire in accordance with RSA 284:22-a, XI, 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 284:23 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 284:23 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 284:22-a, XI, 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 284:23.
XIV. 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.
XV. The provisions of RSA 284:17, RSA 284:17-a, and RSA 284:17-c shall not apply to simulcast and pari-mutuel pools under RSA 284:22-a, except as specifically provided in RSA 284:22-a.
XVI. RSA 284:22, I, II and III shall apply according to the type of race on which the simulcast wagers are made, excepting, however, interstate common pools as provided in RSA 284:22-a, XIII(b) and that the provisions made for purses made in RSA 284:22, 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.
11 Dog Racing; Tax. Amend RSA 284:23, III to read as follows:
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.
12 Horse and Dog Racing; False Entry. Amend RSA 284:35 to read as follows:
284:35 False Entry. 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.
13 Horse and Dog Racing; Name of Animal. Amend RSA 284:36 to read as follows:
284:36 Name. 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.
14 Horse and Dog Racing; Malicious Interference With Horses or Dogs. Amend RSA 284:38 to read as follows:
284:38 Malicious Interference with Horses [or Dogs]. Any person who wilfully 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 wilfully 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.
15 Repeal. The following are repealed:
I. RSA 284:12, II and V, relative to rulemaking by the pari-mutuel commission regarding dog racing.
II. RSA 284:14-a, relative to breeding of greyhounds.
III. RSA 284:15-a, relative to requirements for holding dog races.
IV. RSA 284:15-c, relative to issuance of dog racing licenses.
V. RSA 284:16-a, relative to issuance of dog racing licenses.
VI. RSA 284:16-c, relative to restriction of dog race licenses.
VII. RSA 284:18-a, relative to rules of dog racing.
VIII. RSA 284:20-b, relative to dog race judges.
IX. RSA 284:22, IV, relative to pari-mutuel pools at dog races.
16 Effective Date. This act shall take effect January 1, 2001.
LBAO
00-2616
12/17/99
SB 405-FN-A-LOCAL - FISCAL NOTE
AN ACT relative to greyhound racing.
FISCAL IMPACT:
The Pari-Mutuel Commission indicates this bill will decrease state general fund revenue and expenditures by $681,545 and $161,612, respectively in FY 2001 and by $1,363,087 and $323,224, respectively each year thereafter. The Commission indicates local revenue will decrease by $19,500 in FY 2001 and by $39,000 each year thereafter. There will be no fiscal impact on county revenue or county and local expenditures.
METHODOLOGY:
The Commission states it used FY 1999 data to compare the days with live greyhound racing to days without, in order to estimate the effect of prohibiting greyhound races in New Hampshire. The Commission reduced the greyhound handle and also reduced the remaining handles since the days without live racing generate fewer customers at the tracks. Revenue in all races will decline. State expenditures were also reduced to reflect the lack of live greyhound racing.
The Commission states that the local revenue decrease represents the $750 stipend the Seabrook track pays the Town of Seabrook for each Sunday that there is live racing. This stipend would no longer be paid to support the scholarship fund that benefits Seabrook students.