SB 51-FN - FINAL VERSION

 

02/09/2023   0141s

02/22/2023   0540s

2023 SESSION

23-0917

02/04

 

SENATE BILL 51-FN

 

AN ACT creating a commission to study charitable gaming and historical horse races and relative to the moratorium on licensed historical horse racing facilities.

 

SPONSORS: Sen. Lang, Dist 2; Sen. D'Allesandro, Dist 20; Sen. Pearl, Dist 17; Rep. Moffett, Merr. 4

 

COMMITTEE: Ways and Means

 

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AMENDED ANALYSIS

 

This bill establishes a commission to study charitable gaming and the impact of historical horse racing on revenues for charities, and appropriates $250,000 to the lottery commission for such purposes.  The bill also amends the moratorium on historic horse 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/09/2023   0141s

02/22/2023   0540s 23-0917

02/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT creating a commission to study charitable gaming and historical horse races and relative to the moratorium on licensed historical horse racing facilities.

 

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

 

1  New Section; Study Commission Established.  Amend RSA 284 by inserting after section 6-b the following new section:

284:6-c  Study Commission Established.

I.  There is established a commission to study the effect of recent changes made to charitable gaming laws, including the newly authorized historical horse races.

II.(a)  The members of the commission shall be as follows:

(1)  Two members of the senate, appointed by the president of the senate.

(2)  Five members of the house of representatives, appointed by the speaker of the house of representatives.

(3)  The lottery executive director, or the executive director's designee.

(4)  One representative of the facility owners.

(5)  Two representatives of charitable gaming charities.

(6)  The attorney general, or the attorney general's designee.

(7)  One member of the public appointed by the governor.

(b)  Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

III.  The commission shall examine how charities are selected and whether a uniform process should exist; whether the state should implement a limit on the number of charitable gaming locations; and whether charging rent to the charities is necessary with historic horse racing.  The commission shall bring together different stakeholders to address these questions, and ensure those involved in the process have a voice in the discussion that will result in recommendations benefitting all stakeholders.  The commission also shall monitor the benefits of historical horse racing to charities to ascertain whether additional licenses for historical horse racing machines would increase or reduce revenues to charities.  The commission shall examine whether host communities should share in proceeds of any charitable gaming establishment.

IV.  The members of the study commission shall elect a chairperson from among the members.  The first meeting of the commission shall be called by the first-named senate member.  The first meeting of the commission shall be held within 45 days of the effective date of this section.  Five members of the commission shall constitute a quorum.

V.  The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2024.

VI.  The commission shall be administratively attached to the lottery commission.

2  Commission to Study Charitable Gaming; Appropriation.  There is hereby appropriated to the lottery commission the sum of $250,000 for the fiscal year ending June 30, 2023, which shall be nonlapsing, for the purpose of studying charitable gaming and soliciting input from stakeholders.  The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

3  Amend Effective Date; Licensed Historical Horse Racing Facilities.  Amend 2021, 66:11, I to read as follows:

I.  Section 10 of this act shall take effect July 1, [2024] 2026.

4  Repeal.  RSA 284:6-c, relative to studying the effect of recent changes made to charitable gaming laws, including the newly authorized historical horse races, is repealed.

5  Effective Date.

I.  Section 2 of this act shall take effect June 30, 2023.

II.  Section 4 of this act shall take effect July 1, 2025.

III.  The remainder of this act shall take effect upon passage.

VETOED May 31, 2023

 

LBA

23-0917

Revised 2/23/23

Amended 2/23/23

 

SB 51-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2023-0540s)

 

AN ACT creating a commission to study charitable gaming and historical horse races and relative to the moratorium on licensed historical horse racing facilities.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2023

FY 2024

FY 2025

FY 2026

   Appropriation

$250,000

$0

$0

$0

   Revenue

$0

$0

Indeterminable Decrease

Indeterminable Decrease

   Expenditures

$0

$250,000

$0

$0

Funding Source:

  [ X ] General            [ X ] Education            [   ] Highway           [ X ] Other - Lottery Fund

 

 

 

 

 

METHODOLOGY:

The Lottery Commission states under current law, only entities that held a game operator employer license in May of 2020 can apply for a historic horse racing license until July 1, 2024, and this bill will extend the limit on eligibility for historic horse racing licenses until July 1, 2026. The Commission states extending the timeframe where there is a limitation on historic horse racing licenses is expected to result in fewer facilities and terminals and therefore would likely have a negative impact on state revenues in FY 2025 and FY 2026. The Commission states there are too many unknown variables to determine the size of this impact including the number, size, and location of those facilities, and the potential impact of those facilities on other existing revenues. Lottery revenue is credited to the lottery fund, with net revenues after expenditures being credited to the state education trust fund.

 

This bill also makes a non-lapsing general fund appropriation of $250,000 in FY 2023 to the Lottery Commission for the purpose of studying charitable gaming and soliciting input from stakeholders. It is anticipated this appropriation would be used to support the study commission established by this bill and expended in FY 2024.

 

AGENCIES CONTACTED:

Lottery Commission