SB 363-FN - VERSION ADOPTED BY BOTH BODIES

 

02/08/2024   0179s

2024 SESSION

24-2848

02/08

 

SENATE BILL 363-FN

 

AN ACT relative to wagering on simulcast dog racing.

 

SPONSORS: Sen. Innis, Dist 7; Sen. Avard, Dist 12; Sen. Birdsell, Dist 19; Sen. Watters, Dist 4; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Rep. Plett, Hills. 29; Rep. P. Schmidt, Straf. 14; Rep. Infantine, Hills. 16

 

COMMITTEE: Ways and Means

 

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ANALYSIS

 

This bill removes the authority of the lottery commission to license simulcast dog racing.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/08/2024   0179s 24-2848

02/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to wagering on simulcast dog racing.

 

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

 

1  Horse and Dog Racing.  Amend the title of chapter 284 to read as follows:

HORSE [AND DOG] RACING

2  Horse Racing; Limitation.  Amend RSA 284:1 to read as follows:

284:1 Limitation. This chapter shall be construed to apply only to running or harness horse racing, whether live, simulcast or historic[, or simulcast dog racing].

3  Racing and Charitable Gaming; Lottery Commission.  Amend RSA 284:6-a to read as follows:

284:6-a Racing and Charitable Gaming; Lottery Commission.

I. The regulation of racing and charitable gaming shall be under the authority of the lottery commission established under RSA 284:21-a.

II. The lottery commission shall assume the powers, rights, duties, and responsibilities granted to the racing and charitable gaming commission [The lottery commission shall, in carrying out the purpose of this chapter, use the applicable provisions for horse racing independent of the applicable provisions for simulcast dog racing].

III. The lottery 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. The lottery commission shall administer RSA 287-E relating to bingo and lucky 7.

IV-a. The lottery commission shall include a summary in its annual report under RSA 284:11 regarding the financial impact of shared carry-over coverall games to participating charities and the state, and any recommendations it has regarding the continuation of shared carry-over coverall games in New Hampshire.

V. The lottery commission shall administer RSA 287-D, relating to games of chance conducted by charitable organizations.

VI. The lottery commission shall not authorize the use of any electronic gaming device in connection with the acceptance of wagers on running or harness horse racing, whether live, simulcast or historic, [or simulcast dog racing,] the type of which was not in use prior to January 1, 2011, unless specific authorization for such electronic gaming device is enacted by the general court. Electronic gaming devices shall mean and include all electro-mechanical instruments and devices used for the purposes of gaming, other than wagering on live, simulcast or historic horse racing [or simulcast dog racing], whether in physical presence or through the Internet, and such shall include, but not be limited to, video slot machines and other gambling devices which function or are designed to function to emulate a video slot machine. This section shall not be interpreted to prohibit licensees under RSA 284 from replacing equipment used in the conduct of wagering on live[,] or simulcast[,] horse racing [or simulcast dog racing], which type of equipment was in service prior to January 1, 2011, with updated or new equipment which are the functional equivalent of the machines which are being replaced, provided the equipment is not an electronic gaming device as described in the previous sentence. This section shall not be interpreted as prohibiting licensees from accepting account wagers in compliance with applicable rules and regulations.

VII. Notwithstanding paragraph VI, the lottery commission shall authorize wagers on historic horse races, whether on an electronic gaming device or otherwise, so long as such wagers meet the requirements of this chapter. Historic horse racing machines shall be programmed and operated for pari-mutuel wagering only.

4  Rulemaking.  Amend RSA 284:12, III to read as follows:

III. The operation of racetracks on which running or harness horse race meets are held and the facilities where simulcast of running or harness horse racing [or dog racing] are presented.

5  License Required; Investigation Fees.  Amend RSA 284:12-a, I to read as follows:

I. No person, association, corporation, or any other type of entity shall hold any live running or harness race or meet, shall offer wagers on historic horse races, or shall conduct any simulcast running or harness horse [or dog] race or meet, at which pari-mutuel pools are sold without a license from the lottery commission.

6  Penalty.  Amend RSA 284:21 to read as follows:

284:21 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, whether live or simulcast, [or simulcast dog race or meet for public exhibition,] at which pari-mutuel pools are sold, without a license duly issued by the lottery commission, or any person, association, or corporation who violates any of the provisions of this chapter, or who violates any of the rules and regulations prescribed by the lottery commission, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

7  Repeal.  The following are repealed:

I.  RSA 284:15-a, relative to simulcast dog racing license requirements.

II.  RSA 284:16-c, relative to simulcast dog racing license restrictions.

III.  RSA 284:22, IV, relative to taxation on simulcast dog racing pools.

IV.  RSA 284:23, III, relative to taxation on simulcast dog racing pools.

8  Effective Date.  This act shall take effect January 1, 2027.

 

LBA

24-2848

Amended 2/13/24

 

SB 363-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2024-0179s)

 

AN ACT relative to wagering on simulcast dog racing.

 

FISCAL IMPACT:      [ X ] State               [    ] County                [    ] Local               [    ] None

 

 

Estimated State Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

($42,648)

Revenue Fund(s)

Lottery Fund / Education Trust Fund - Lottery revenue is credited to the lottery fund, with net revenues after expenditures being credited to the state education trust fund.

Expenditures

$0

$0

$0

$0

Funding Source(s)

None

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A

Does this bill authorize new positions to implement this bill? [X] N/A

 

METHODOLOGY:

This bill, effective January 1, 2027, prohibits the sale of simulcast wagers on dog races. Currently, there is only one licensed location accepting simulcast wagers and in FY 2023, simulcast dog racing brought $85,295 in revenue to the State of New Hampshire. The Lottery Commission assumes the approximate revenue loss to the state in FY 2027 would be half this amount, or $42,648, considering the bill's effective date.  This bill will have no impact on Lottery Commission expenditures.

 

AGENCIES CONTACTED:

Lottery Commission