TITLE XXIV
GAMES, AMUSEMENTS, AND ATHLETIC EXHIBITIONS

CHAPTER 284
HORSE AND DOG RACING

Pari-Mutuel Pools, and Distribution of Tax Thereon

Section 284:22-b


2024, 17:1, effective January 1, 2027, amends the chapter heading to delete "and Dog".
    284:22-b Pari-Mutuel Pools on Historic Horse Races. –
I. In this section:
(a) "Historic horse race" means:
(1) Any horse race whether running or harness, that was previously conducted at a licensed pari-mutuel facility;
(2) Concluded with official results; and
(3) Concluded without scratches, disqualifications, or dead-heat finishes.
(b) "Licensee" means any individual, association, partnership, joint-venture, corporation, or other organization or other entity which holds a game operator employer license under RSA 287-D.
(c) "Pari-mutuel method of wagering" means:
(1) A method of wagering in which those who wager on horses that finish in the position or positions for which wagers are taken share in the total amounts wagered, plus any amounts provided by a licensee, may include a nonrefundable contribution to serve as a seed or guarantee; and
(2) A totalizator or similar mechanical equipment calculates pari-mutuel pools and payouts associated with each winning wager.

[Paragraph II effective until July 1, 2031; see also paragraph II set out below.]


II. In order to be eligible for a license to sell pari-mutuel pools on historic races, an applicant shall have been either:
(a) A game operator employer licensed under RSA 287-D as of May 1, 2020, and still licensed as of the effective date of this section. For licensees qualified under this subparagraph, the sale of pari-mutuel pools on historic horse races must take place within the enclosure of a facility at which the licensee holds its licensed gaming activities under RSA 287-D, and that such facility is located within the city or town in which the licensee held its license on May 1, 2020; or
(b) An entity that applied for a game operator employer license between January 1, 2023, and October 15, 2023, provided that the applicant entity has the same ownership and officers as the time of their initial application. For licensees that are qualified under this subparagraph, the sale of pari-mutuel pools on historic horse races must take place within the enclosure of a facility at which the applicant entity holds its licensed gaming activities under RSA 287-D, and that such facility is located within the city or town identified on the original application filed with the lottery commission within the time frame identified under this subparagraph.

[Paragraph II effective July 1, 2031; see also paragraph II set out above.]


II. A game operator employee licensed under RSA 287-D may sell pari-mutuel pools on historic horse races provided such sales are within the enclosure of the facility at which the licensee holds its licensed activities under RSA 287-D. A licensee seeking to offer wagers on historic horse races shall apply for a license pursuant to RSA 284. An application that is approved by the lottery commission, and a license that is granted shall not be permitted to be transferred or sold.
III. In accordance with the provisions of RSA 284:6-a, wagering on historic horse races may take place on electronic gaming devices provided that:
(a) All wagers use the pari-mutuel method of wagering.
(b) A licensee at all times maintains at least 2 terminals offering the same type of wager on all historic horse races.
(c) The terminal makes available true and accurate past performance information on each historic horse race prior to the patron making his or her selection.
(d) The terminal shall display a replay of each race, or a portion thereof, whether digital, animated, or by way of a video recording, and the official results of each race. The identity of each race shall be revealed to the patron after the patron has placed his or her wager.
(e) The outcome of each wager is based solely on the outcome of the historic horse race or races; no random elements may determine the outcome of the patron's wager.
(f) The terminals have been tested by an independent testing laboratory, approved by the commission, to ensure integrity and proper working order.
(g) Each terminal makes available pari-mutuel wagering pool amounts that the patron may receive for a winning wager.
(h) A terminal shall not accept a wager in excess of $25.
(i) Each licensee shall submit a responsible gaming plan to the lottery commission for review and approval prior to activating any historic horse race terminal, and every year thereafter. Such plan shall include identification of postings and materials related to problem gaming to be made available to patrons expressing concerns about problem gaming, house imposed player limits, and self-exclusion plans.
IV. Racing officials or any employee or owner of the entity that provides the totalizator system to the licensee, and any person responsible for the operation of the electronic reproduction equipment which operates the historic horse races and wagering shall be prohibited from participating in wagering, directly or indirectly, on historic horse races offered at the licensee's facility.
V. The licensee commission on all historic horse race pari-mutuel pools shall be at a rate of not greater than 12 percent. In addition to the above commission, 100 percent 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 paid to the lottery commission and used as payment for problem gaming services.
VI. The lottery commission shall adopt rules under RSA 541-A governing historic horse racing machines.
VII. No historic horse racing machine shall be operated except within the facility of a licensee during the facility's hours of play of charitable games.
VIII. An application that is approved by the lottery commission, and a license that is granted shall not be permitted to be transferred or sold.

Source. 2021, 66:5, eff. June 8, 2021; 66:10, eff. July 1, 2031. 2024, 28:2, 3, eff. May 20, 2024.