Bill Text: NH SB174 | 2015 | Regular Session | Introduced


Bill Title: Relative to charitable games of chance.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-02-12 - Inexpedient to Legislate, Motion Adopted, Voice Vote === BILL KILLED ===; Senate Journal 5 [SB174 Detail]

Download: New_Hampshire-2015-SB174-Introduced.html

SB 174 - AS INTRODUCED

2015 SESSION

15-0890

08/03

SENATE BILL 174

AN ACT relative to charitable games of chance.

SPONSORS: Sen. Boutin, Dist 16; Sen. Avard, Dist 12; Sen. Reagan, Dist 17; Sen. Soucy, Dist 18; Sen. Watters, Dist 4

COMMITTEE: Ways and Means

ANALYSIS

This bill eliminates certain rulemaking authority of the racing and charitable gaming commission regarding content of applications.

This bill also makes changes to the application process for primary and secondary game operators.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15-0890

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to charitable games of chance.

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

1 Facilities License Application; Specific Requirements. Amend the introductory paragraph of RSA 287-D:7, II to read as follows:

II. In addition to the general requirements under RSA 287-D:5, a facilities license application shall include, at a minimum, the following information [provided that the commission may, by rule, establish additional items to be submitted on the application form or attached to it]:

2 Primary Game Operator License Application; Specific Requirements. Amend the introductory paragraph of RSA 287-D:9, I and RSA 287-D:9, I(a) to read as follows:

I. Other than members of a charitable organization, any person who supervises, manages, advises, or provides consulting to secondary game operators or other primary game operators shall be licensed under this section. In addition to the general requirements under RSA 287-D:5, a primary game operator license application shall include[, at a minimum, the following information provided that the commission may, by rule, establish additional items to be submitted on the application form or attached to it]:

(a) The identity of the game operator employer for whom the applicant [works] intends to work, if known by the applicant.

3 Primary Game Operator License Application; Specific Requirements. Amend RSA 287-D:9, VI to read as follows:

VI. Nothing in this section shall prevent a licensee from working for another game operator employer. A licensee who works for more than one game operator employer during the licensed period shall [submit a supplemental application with a separate licensing fee,] have a separate badge for each game operator employer, and pay a separate fee for each badge.

4 Secondary Game Operator License Application; Specific Requirements. Amend the introductory paragraph of RSA 287-D:10, II to read as follows:

II. In addition to the general requirements under RSA 287-D:5, a secondary game operator license application shall include[, at a minimum,] the following information [provided that the commission may, by rule, establish additional items to be submitted on the application form or attached to it]:

5 Secondary Game Operator License Application; Specific Requirements. Amend RSA 287-D:10, V to read as follows:

V. Nothing in this section shall prevent a licensee from working for different licensed entities. A licensee who works for more than one game operator employer during the licensed period shall [submit a supplemental application with a separate licensing fee,] have a separate badge for each game operator employer, and pay a separate fee for each badge.

6 Background Investigations. Amend RSA 287-D:11 to read as follows:

287-D:11 Background Investigations.

I. This section shall apply to applicants for a:

(a) Facilities license.

(b) Game operator employer license.

II. Any person, association, corporation, or other type of entity applying for or holding a license under paragraph I shall file, with an initial application and every 5 years thereafter, with the attorney general a complete and detailed written statement, signed under oath by the applicant or holder of such license if an individual, or by the officers of the entity, containing the following information:

(a) The name, residence address, and nature of the ownership interest including, where applicable, the number of shares of stock held and if known, how obtained, of every person who possesses an ownership interest in such entity in excess of 10 percent.

(b) The name, address, present principal occupation or employment, and name and principal business of any corporation or other organization in which such employment is carried on of every director, officer, and holder of 10 percent or more ownership interest in such entity.

[(c) Such information as the attorney general may prescribe by rule.

(d) Each licensee shall notify the attorney general and the commission of any change of information required by this paragraph within 10 days of such change.

III.(a) The commission shall refer all applications to the attorney general who shall conduct a background investigation of the license applicant or holder, any person included in paragraph I, or any person or entity upon whom the license applicant or holder relies for financial support. Any appropriate state or federal law enforcement system may investigate the subject’s financial, criminal, or business background, or any other information which the attorney general, in the attorney general’s sole discretion, may find to bear on the subject’s fitness to be associated with charitable gaming in New Hampshire, including, but not limited to, the subject’s character, personal associations, and the extent to which the subject is properly doing business in the manner in which it purports to operate. When the commission requests such an investigation, the attorney general shall report the results of such investigation to the commission within 90 days after the receipt of the request. Notwithstanding RSA 91-A, the results of any such investigation shall be confidential and shall not be subject to disclosure or to public inspection, except that the attorney general shall have sole discretion to determine the extent to which and the manner in which the results may be reported to the commission or other state agency or official and, if reported, whether such results are to retain their confidential character; provided, however, that whenever the attorney general conducts such an investigation, the attorney general shall notify the commission whether or not in the attorney general’s opinion such person is fit to be associated with charitable gaming in New Hampshire. No person shall be issued or hold a license if in the opinion of the attorney general such person is not fit to be associated with charitable gaming in this state.

(b) The attorney general may conduct a background investigation described in subparagraph (a) on the attorney general’s motion.

IV. The expenses of the office of attorney general in conducting any investigation authorized in this section, including the services of consultants, experts, accountants, and other assistants, shall be a direct charge against the applicant or holder. Total expenses for each investigation under this paragraph shall not exceed $5,000, except with the approval of the fiscal committee of the general court.

V. In any investigation conducted pursuant to paragraph III, the attorney general may require, by subpoena or otherwise, the attendance of witnesses and the production of such correspondence, documents, books, and papers as the attorney general deems advisable, and for purposes of this section, may administer oaths and take the testimony of witnesses. No person shall be excused from testifying or from producing any book or paper in any investigation conducted pursuant to paragraph III upon the ground that such testimony or documentary evidence might tend to incriminate such person; provided that if, after a claim of privilege, the attorney general, in writing, orders such person to testify or produce documentary evidence, that person shall not be prosecuted, punished, or subjected to any penalty or forfeiture for or on account of any act, transaction, matter, or thing which such person, under oath, disclosed or produced. No person so testifying shall be exempt from prosecution or punishment for any perjury committed by such person in such testimony.]

7 Background and Criminal Records Check. Amend RSA 287-D:12, VI to read as follows:

VI. For purposes of licensees, under RSA 287-D:7 or RSA 287-D:8 each owner, partner, or trustee of the underlying property, or in the case of a corporation, each officer, director, or shareholder, or in the case of a limited liability company, each manager or member, shall comply with all of the requirements of this section provided this section shall not apply to any person or entity with less than a 10 percent ownership interest.

8 Operation of Games of Chance. Amend RSA 287-D:14, X to read as follows:

X. Only the treasurer of the charitable organization, or his or her designee, or a bona fide member of the charitable organization designated by the treasurer shall handle any monetary transactions related to the game of chance.

9 Equipment; Inspection. Amend RSA 287-D:17, II to read as follows:

II. No mechanism or device, which can be used to regulate odds, shall be permitted to operate games of chance [and no progression in any form shall be permitted in the operation of any such game].

10 Equipment; Ownership and Rental. Amend RSA 287-D:18, I(c) to read as follows:

(c) Rented at a fixed fee only from a dealer in such equipment who has his or her principal place of business in this state [and who is licensed by the commission].

11 New Subparagraph; Penalties. Amend RSA 287-D:23, IV by inserting after subparagraph (c) the following new subparagraph:

(d) Any person who is either as a player or a game operator purposely deprives a charitable organization of funds by cheating in any game of chance shall be guilty of a class A felony.

12 Repeal. The following are repealed:

I. RSA 287-D:7, III, relative to the number of facilities licenses issued.

II. RSA 287-D:14, II, relative to agreements between charitable organization and a game operator.

III. RSA 287-D:13, III, relative to game operator employer license fees.

13 Effective Date. This act shall take effect July 1, 2015, at 12:01 a.m.

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