HB 533 - AS INTRODUCED
2021 SESSION
21-0531
08/10
HOUSE BILL 533
AN ACT establishing a division of investigation and compliance in the lottery commission.
SPONSORS: Rep. Abrami, Rock. 19; Rep. Abbas, Rock. 8; Rep. Doucette, Rock. 8
COMMITTEE: Ways and Means
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ANALYSIS
This bill establishes a division of investigation and compliance within the lottery 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
HB 533 - AS INTRODUCED
21-0531
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT establishing a division of investigation and compliance in the lottery commission.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 New Section; Investigation and Compliance Division. Amend RSA 284 by inserting after
2 section 3 the following new section:
3 284:3-a Investigation and Compliance Division.
4 I. There shall be contained within the lottery commission an investigation and compliance
5 division. The division shall perform such functions as the lottery commission may determine is
6 necessary in relation to enforcement, including the investigation of all licensees, and proposed
7 licensees, under this chapter and RSA 287.
8 II. The division shall have such civil and administrative powers as are necessary to
9 effectuate the purposes of this chapter, including the power to receive intelligence on an applicant or
10 licensee under this chapter and to investigate any suspected violations of this chapter or any
11 suspected violations of illegal gambling.
12 III. To further effectuate the purposes of this chapter with respect to the investigation and
13 enforcement of gaming establishments and licensees, the division may obtain or provide pertinent
14 information regarding applicants or licensees from or to law enforcement entities or gaming
15 authorities and other domestic, federal or foreign jurisdictions, including the Federal Bureau of
16 Investigation, and may transmit such information to each other electronically.
17 IV. In addition to fines and penalties as set forth in administrative rules, the division may
18 file a petition for equity relief with the superior court seeking to levy upon any person or entity who
19 meets the requirements for enhanced penalties as defined in administrative rule, a civil penalty in
20 an amount not to exceed $50,000 per violation, along with any other injunctive relief deemed
21 necessary by the court. The proceeds of any civil penalty levied pursuant to this section shall be
22 deposited in the special fund established in RSA 284:21-j.
23 2 Lottery Commission; Investigation of Applicants. Amend RSA 284:15-b, II to read as follows:
24 II. The attorney general shall have the authority to conduct an investigation on the attorney
25 general's motion into the background of the license applicant or holder, of any person included in
26 paragraph I or of any person or entity upon whom the license applicant or holder relies for financial
27 support. In addition, whenever the lottery commission shall receive an application, it shall [refer the
28 application to the attorney general who shall conduct such an investigation] notify the attorney
29 general, and in concert and consultation with the attorney general, the lottery commission
30 shall conduct an investigation of the applicant. The investigation may be conducted through
31 any appropriate state or federal law enforcement system and may seek information as to the
HB 533 - AS INTRODUCED
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1 subject's financial, criminal or business background, or any other information which [the attorney
2 general, in the attorney general's sole discretion,] may[ find to] bear on the subject's fitness to be
3 associated with racing in New Hampshire, including, but not limited to, the subject's character,
4 personal associations, and the extent to which the subject is properly doing business in the manner
5 in which it purports to operate. When the lottery commission [requests] initiates such an
6 investigation, the [attorney general] lottery commission shall report the results of such
7 investigation to the [lottery commission] attorney general within [90] 45 [days after the receipt of
8 the request]. Notwithstanding any other law to the contrary, the results of any such investigation
9 shall be confidential and shall not be subject to disclosure or to public inspection, except that the
10 attorney general shall have sole discretion to determine the extent to which and the manner in
11 which the results may be reported to [the lottery commission or] other state agency or [official]
12 officials and, if reported, whether such results are to retain their confidential character. [; provided,
13 however, that whenever the attorney general conducts such an investigation,] the attorney general
14 [shall notify the lottery commission] and the lottery commission shall confer and determine, in
15 their opinion, [whether or not in the attorney general's opinion] if such person is fit to be
16 associated with racing in New Hampshire. Notwithstanding any other provision of law, no person
17 shall be issued or hold a license if in the opinion of the attorney general such person is not fit to be
18 associated with racing in this state.
19 3 New Paragraph; Rulemaking; Investigation and Enforcement Division. Amend RSA 284:21-i
20 by inserting after paragraph VI the following new paragraph:
21 VII. The lottery commission shall adopt rules under RSA 541-A relative to the
22 administration of the investigation and enforcement division, including processes for investigation,
23 and a schedule of fines and penalties.
24 4 Effective Date. This act shall take effect January 1, 2022.
Statutes affected: Introduced: 284:15-b, 284:21-i
Ought to Pass: 284:15-b, 284:21-i
latest version: 284:15-b, 287-D:11, 284:21-i, 284:16-b