SB 112  - AS INTRODUCED
SENATE BILL 112
SPONSORS: Sen. French, Dist 7; Sen. Daniels, Dist 11; Sen. Cavanaugh, Dist 16; Sen. Hennessey, Dist 1; Sen. Carson, Dist 14; Sen. Soucy, Dist 18; Sen. Giuda, Dist 2; Sen. Bradley, Dist 3; Sen. Sherman, Dist 24; Rep. Abrami, Rock. 19; Rep. Graham, Hills. 7; Rep. Lang, Belk. 4
COMMITTEE: Ways and Means
This bill defines and regulates pari-mutuel pools 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
Be it Enacted by the Senate and House of Representatives in General Court convened:
284:1  Limitation.  This chapter shall be construed to apply only to running or harness horse racing, whether live,  [or] simulcast  or historic, or simulcast dog racing.
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,  [or] 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,  [or] 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 [or historic racing machine].  This section shall not be interpreted to prohibit licensees under RSA 284 from replacing equipment used in the conduct of wagering on live, 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.
IV.  The sale of pari-mutuel pools as authorized under RSA 284:22,  [and] RSA 284:22-a, and RSA 284:22-b.
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.
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.
II.  In order to be eligible for a license  to sell  pari-mutuel pools on historic races, an applicant shall have been 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,  provided such sales are within the enclosure of  a facility at which the licensee holds its licensed 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.  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 the 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.
VI. The commission shall not authorize the use of any electronic gaming device in any game, lottery, or other offering which was not in use by the commission on or before 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 device used for the purpose of gaming and shall include video slot machines and other gambling devices which function or are designed to emulate a video slot machines or other gaming machine, [historic racing machine,] and computer technology to reveal instant ticket winners.  This section shall not be interpreted to prohibit the commission from replacing offerings, games, or equipment which were in service prior to January 1, 2011 with new offerings, games, or equipment which are the functional equivalent of those offerings, games, or equipment which are being replaced.
VIII.  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.
(d)  Each person, association, or corporation licensed to conduct historic horse race wagering shall collect a sum equal to 25 percent of revenues generated from historic horse race pari-mutuel pools after breakage and payment of winnings to patrons.  Each licensee that conducts wagering on historic horse races shall distribute 35 percent of the amount collected under