HB 1450 - AS AMENDED BY THE HOUSE

6mar02...2706h

2002 SESSION

02-2408

08/09

HOUSE BILL 1450

AN ACT authorizing the sweepstakes commission to allow multi-hall, linked bingo games.

SPONSORS: Rep. L. Fraser, Merr 9; Rep. Belanger, Rock 26; Rep. Micklon, Rock 26

COMMITTEE: Ways and Means

ANALYSIS

This bill authorizes the sweepstakes commission to allow multi-hall, linked bingo games.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6mar02...2706h

02-2408

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

AN ACT authorizing the sweepstakes commission to allow multi-hall, linked bingo games.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subparagraph; Sweepstakes Commission; Authorization; Multi-hall Bingo Games. Amend RSA 284:21-h, I by inserting after subparagraph (d) the following new subparagraph:

(e) To conduct any multi-hall linked bingo game, by whatever name called, in which a prize is offered to 2 or more persons playing against each other in a bingo game in the same or multiple locations linked by a central computer, covering squares containing symbols, objects, numbers or letters, in a predetermined design or electronic card marked into squares for that purpose.

2 2 Bingo Defined. Amend RSA 287-E:1, I to read as follows:

I. "Bingo" means any game, by whatever name called, in which a prize is offered to the person first covering squares in a predetermined design on a card marked into squares for that purpose, or on an electronic card marked into squares containing numbers, in a predetermined design, for that purpose, and linked to other such electronic cards by a central computer, in which a prize is offered to one or more players playing against each other in a bingo game in the same or multiple locations.

3 New Paragraphs; New Definitions. Amend RSA 287-E:1 by inserting after paragraph VII the following new paragraphs:

VII-a. "Multi-hall linked bingo game" means any bingo game, as defined in paragraph I, in which a prize is offered to the first person covering squares in a predetermined design on an electronic card marked in squares containing numbers, linked by a central computer, at the same or multiple locations.

VII-b. "Net multi-hall linked bingo game income" means all cash or other consideration utilized to play a multi-hall bingo game, less all cash, refunds, or other consideration paid to players of multi-hall bingo games as winnings.

4 New Paragraphs; Rulemaking. Amend RSA 287-E:3 by inserting after paragraph XIII the following new paragraphs:

XIII-a. The licensing of multi-hall linked bingo game licensees, distributors, central site operators and manufacturers of multi-hall bingo game equipment.

XIII-b. The manner, scope and form of reporting requirements for multi-hall linked game licensees, distributors, central site operators, and manufacturers of multi-hall linked bingo games.

XIII-c. The amount of net multi-hall linked bingo game income to be retained by a charitable organization shall be based on the charity's ownership of equipment and/or the charity or charities providing the facility, provided that the minimum amount of net multi-hall bingo income retained by a charity shall not be less than 30 percent.

XIII-d. The number of multi-hall linked bingo machines licensed provided that no more than 1,000 multi-hall linked bingo game machines may be licensed in the state at any one time.

5 Licenses. Amend RSA 287-E:6, II (a) to read as follows:

(a) No more than one license shall be issued to a charitable organization per calendar month, and the license shall permit no more than 10 game dates of bingo in one calendar month, and in no more than one town or city which has authorized bingo games under RSA 287-E:27; except multi-hall linked bingo games can be played in the same, or one additional, city or town for which the license was issued. The license shall expire on the last game date authorized under said license.

6 New Subparagraph; Operation of Bingo Games. Amend RSA 287-E:7, I by inserting after subparagraph (c) the following new subparagraph:

(d) Notwithstanding subparagraph I(a), in the case of a multi-hall linked bingo game, the charitable organization may designate a nonmember to operate the multi-hall linked bingo game, provided that only a bona fide member of the charitable organization shall be authorized to expend funds derived from the operation of the multi-hall bingo game. A member of the charitable organization shall be responsible for complying with the reporting requirements provided for in RSA 287-E:9.

7 Operation of Bingo Games. Amend RSA 287-E:7, II to read as follows:

II. Except for multi-hall linked bingo games, no compensation shall be paid to operators of a bingo game. Compensation shall include, but is not necessarily limited to, money or any other thing of value. Operators of bingo games may be reimbursed for their out-of-pocket expenses in an amount not to exceed $25 per game date, provided that such expenses are itemized and submitted in writing to the charitable organization.

8 Operation of Multi-hall Linked Bingo Games; Operating Hours. Amend RSA 287-E:7, IV to read as follows:

IV. Except for multi-hall linked bingo games, no bingo games shall be conducted prior to 11:00 a.m. on a weekday, prior to noon on a Sunday, or after 11:00 p.m. on any day.

9 New Paragraph; Operation of Multi-hall Linked Bingo Games; Operating Hours. Amend RSA 287-E:7 by inserting after paragraph IV the following new paragraph:

IV-a. No multi-hall linked bingo game shall be conducted prior to 8:00 a.m. on a weekday, prior to noon on a Sunday, or after 2:00 a.m. on any day.

10 Operation of Multi-hall Linked Bingo Games; Prize Limits. Amend RSA 287-E:7, XI to read as follows:

XI. Except as provided in paragraphs XIII and XV, all prizes, tokens, or awards used, given, offered or awarded in connection with any game or series of games conducted on one game date shall not exceed the total value of $3,500, except for multi-hall linked bingo games.

11 Bingo Tax; Tax on Net Multi-hall Linked Bingo Game Income. Amend RSA 287-E:8 to read as follows:

287-E:8 Bingo Tax.

I. Except for bingo games licensed under RSA 287-E:10-13 and for prizes awarded under RSA 287-E:7, XV, or for multi-hall linked bingo games, the licensee shall pay a tax of 7 percent of the total amount collected from participants in any game conducted in accordance with RSA 287-E:7, XIII.

II. Multi-hall linked bingo game licensees shall collect a 7 percent tax from a single participant in any game in which the prize paid to a single participant exceeds $1,200 and shall remit said tax to state, in accordance with RSA 284:21-j.

12 Effective Date. This act shall take effect July 1, 2002.

LBAO

02-2408

2/21/02

HB 1450 FISCAL NOTE

AN ACT authorizing the sweepstakes commission to allow multi-hall, linked bingo games.

FISCAL IMPACT:

The Sweepstakes Commission indicates this bill may increase state restricted revenue

by an indeterminable amount in FY 2003 and each year thereafter. There will be no fiscal impact on county and local revenue and state, county and local expenditures.

METHODOLOGY:

The Commission states this bill requires multi-hall linked bingo game licensees to collect a 7% bingo tax from each participant in any game where the prize awarded to a single participant exceeds $1,200. This tax will then be remitted to the state. The Commission is unable to determine how many such prizes will be awarded and therefor, the amount of tax that will be remitted to the state.