SB 367 – FINAL VERSION
SENATE BILL 367
AN ACT relative to games of chance.
SPONSORS: Sen. Odell, Dist 8; Sen. D'Allesandro, Dist 20; Sen. Downing, Dist 22; Rep. Kidder, Merr 1; Rep. Weare, Rock 14; Rep. Butynski, Ches 4
COMMITTEE: Ways and Means
I. Ensures that bond money given to the state by licensed race tracks covers unpaid tickets and “account wagers.”
II. Removes the requirement that the racing and charitable gaming commission obtain social security numbers from charitable organization members.
III. Modifies requirements for operating charitable games.
This bill is a request of the racing and charitable gaming commission.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to games of chance.
Be it Enacted by the Senate and House of Representatives in General Court convened:
190:1 Report of the Commission. Amend RSA 284:11 to read as follows:
284:11 Report of the Commission. The racing and charitable gaming commission shall make an annual report to the governor and council [
on or before the first day of April in each year] in accordance with RSA 20:7, including therein an account of its actions, receipts derived under the provisions hereof, the practical effects of the application of this chapter, and any recommendation for legislation which the commission deems advisable.
190:2 Bond of Licensee. Amend RSA 284:18 to read as follows:
284:18 Bond of Licensee.
I. Every person, association, or corporation licensed under the provisions of the preceding sections hereof, shall, before said 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 hereby, including the payment of unclaimed ticket money and vouchers and 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 herein provided and to conduct its racing in conformity with this chapter and with the rules and regulations prescribed by the commission.
II. Every person, association, or corporation licensed under the provisions of the preceding sections hereof, shall, before said licensee adopts an account wagering plan on any pari-mutuel pool, 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 hereby.
190:3 License Applications. Amend RSA 287-D:2-a, II(d) to read as follows:
(d) The name[
,] and date of birth[ , and social security number] of all bona fide charitable organization members who will participate in the operation of the games. [ The racing and charitable gaming commission shall keep as exempt from disclosure, pursuant to RSA 91-A, any social security numbers submitted.]
190:4 Licensing of Game Operators. Amend RSA 287-D:2-c, VI to read as follows:
VI. To be eligible for licensure under this chapter, a licensed game operator shall maintain an account at a financial institution with at least one branch in New Hampshire solely in the name of the licensed game operator in which the money only from games of chance shall be deposited and withdrawn. All payments to charities, all prizes over $500, and all other expenses associated with games of chance shall be paid by check from said account.
190:5 Financial Reports and Inspections. Amend RSA 287-D:5, I to read as follows:
I. A charitable organization or a licensed primary game operator under contract to conduct games of chance on behalf of a charitable organization shall submit a complete financial report for [
each license issued] all game dates licensed under RSA 287-D:2 and RSA 287-D:2-a to the racing and charitable gaming commission on forms [ supplied to the charitable organization] approved by the racing and charitable gaming commission within [ 30] 15 days of the end of each month during which a game of chance was held.
190:6 New Subparagraph; Operations of Games of Chance. Amend RSA 287-D:2-b, I by inserting after subparagraph (c) the following new subparagraph:
(d) Notwithstanding subparagraph (a), all charitable organizations that conduct games of chance for charitable purposes may employ, by means of a written agreement, a primary game operator licensed under RSA 287-D:2-c to operate games of chance on their behalf.
190:7 New Paragraph; Operations of Games of Chance. Amend RSA 287-D:2-b by inserting after paragraph XIV the following new paragraph:
XV. A games of chance licensee shall not play any games of chance on a licensed game date unless all games of chance to be played have been approved by the commission and have been identified on an approved game schedule.
190:8 New Paragraph; Operations of Games of Chance. Amend RSA 287-D:1 by inserting after paragraph V the following new paragraph:
VI. “Wager” means a monetary agreement between 2 or more persons that a sum of money or other valuable thing, shall be paid to one of them on the happening or not happening of an uncertain event. Wager may be used synonymously with the term “bet.”
190:9 Equipment; Wagering; Prizes. Amend RSA 287-D:3, VII to read as follows:
VII. Unless a charitable organization rents a facility from a primary game operator licensed under RSA 287-D:2-c, the charitable organization shall only rent a facility by means of a fixed rental payment. The fixed rental payment shall not be based on a percentage of what the charitable organization receives from the game of chance and it shall reflect fair rental value of the property for any use not just as a place to hold a game of chance. If a charitable organization rents a facility from a licensed game operator under RSA 287-D:2-c, the charitable organization shall retain no less than 35 percent of the gross revenues from any games of chance minus any prizes paid in accordance with RSA 287-D:3, VIII. Any rental agreement entered into by the charitable organization shall be submitted with the charitable organization’s license application for review by the racing and charitable gaming commission. Under no circumstances shall a charitable organization sustain any loss from games of chance, such that its share of the gross revenues minus any prizes paid is less than zero dollars, during a license period with a single game operator.
190:10 Operation of Bingo Games. Amend RSA 287-E:7, II to read as follows:
II.(a) No compensation shall be paid to [
operators] bona fide members of a charitable organization or others who operate or assist in the operation of a bingo game. Compensation shall include, but is not necessarily limited to, money or any other thing of value. [ Operators] Bona fide members of a charitable organization who operate or assist in the operation 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.
(b) No compensation shall be paid to any person or entity for consulting, managing, assisting in the operation of the bingo games or the sale of lucky 7 tickets, record keeping, filing forms with the racing and charitable gaming commission, advertising, free offer of coffee and donuts to customers, or security protection for the charitable organization itself not including security for the hall or parking area, unless agreed to in advance in writing by the charitable organization. Participation in and charges for such activities shall be solely at the discretion of the charitable organization. Failure to participate in any of these activities shall not constitute grounds for expulsion from any hall where bingo games are held or lucky 7 tickets are sold.
190:11 Operation of Bingo Games. Amend RSA 287-E:7, V to read as follows:
V. No [
bingo chairperson, bingo treasurer, or] person who has leased out a facility or sold or leased bingo paraphernalia or related equipment to a charitable organization for use during bingo games shall participate or play in any game conducted at that location on that date. The chairperson or treasurer of a charitable organization may operate or assist in the operation of a bingo game conducted by his or her charitable organization; however, each chairperson or treasurer may not play in or assist in the playing of any game conducted at that locality on that date.
190:12 Sale of Lucky 7 Tickets. Amend RSA 287-E:21, IV to read as follows:
IV. No compensation shall be paid to bona fide members of a charitable organization who [
participate] sell or assist in the sale of lucky 7 tickets. Compensation shall include, but is not necessarily limited to, money or any other thing of value. Members of the charitable organization who sell lucky 7 tickets may be reimbursed for out-of-pocket expenses in an amount not to exceed $8 per day, provided that such expenses are itemized and submitted in writing to the charitable organization.
190:13 Operation of Bingo Games. Amend RSA 287-E:7, I(c) to read as follows:
(c) Notwithstanding subparagraph (a), all charitable organizations that conduct bingo games for charitable purposes may allow spouses, sons, and daughters of bona fide members who are at least 18 years of age to assist with the operation of the bingo games. [
A list of the names of the persons assisting shall be submitted to the department of safety prior to the scheduled bingo event.]
190:14 Repeal. The following are repealed:
I. RSA 287-E:3-a, relative to copies of records.
II. RSA 287-D:3, IV, relative to the activation of devices used for games of chance.
III. RSA 287-E:18-a, relative to the forwarding of records and reports to the commissioner of safety.
190:15 Effective Date. This act shall take effect January 1, 2011.
Approved: June 21, 2010
Effective Date: January 1, 2011