HB1355: changing the name of the sweepstakes commission to the lottery commission.

CHAPTER 97

HB 1355 – FINAL VERSION

04/08/04 1006s

29Apr2004… 1467eba

2004 SESSION

03-2200

08/09

HOUSE BILL 1355

AN ACT changing the name of the sweepstakes commission to the lottery commission.

SPONSORS: Rep. Weyler, Rock 79; Rep. Kurk, Hills 48; Sen. D’Allesandro, Dist 20; Sen. Barnes, Dist 17

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill changes the name of the sweepstakes commission to 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/08/04 1006s

29Apr2004… 1467eba

03-2200

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT changing the name of the sweepstakes commission to the lottery commission.

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

97:1 Subdivision Heading Changed. The subdivision heading preceding RSA 284:21-a is repealed and reenacted to read as follows:

Lottery

97:2 Name Change. Amend RSA 6:12, I(b)(1) to read as follows:

(1) Moneys received by the state [sweepstakes] lottery commission, which shall be credited to the sweepstakes special fund.

97:3 Name Change. Amend RSA 198:39, I(h) to read as follows:

(h) All moneys due the fund in accordance with RSA 284:21-j, relative to sweepstakes and the lottery.

97:4 Name Change. Amend the introductory paragraph of RSA 284:21-h, I to read as follows:

I. The [sweepstakes] lottery commission is hereby authorized:

97:5 Name Change. Amend RSA 284:21-i, I-III to read as follows:

I. The [sweepstakes] lottery commission shall be empowered to employ such technical assistants and employees to carry out the provisions of this subdivision as the governor and council shall authorize. Such assistants and employees shall receive compensation at rates to be established by the personnel commission. No employee of the commission shall have any pecuniary or other interest in any supplier or agent to the commission, or in any supplier or lessor of bingo equipment or halls, or in any officer of a bingo licensee licensed under RSA 287-E, or in any licensee licensed under this chapter.

II. The [sweepstakes] lottery commission shall adopt rules under RSA 541-A after public hearing relative to:

(a) Holding and conducting drawings and sweepstakes races and the sale of tickets for such drawings and races;

(b) Establishing and fixing the purses, not to exceed an aggregate sum of $325,000 for a single calendar year, to be awarded horses, or dogs, or both in sweepstakes races;

(c) Establishing:

(1) The price for which tickets for drawings and sweepstakes races shall be sold; not to exceed $10 per ticket.

(2) The method by which tickets sold for drawings and sweepstakes races shall be determined to be winning tickets.

(3) The money or prizes to be awarded holders of winning tickets.

(4) The assignment ability of winning tickets, including appropriate consumer protection provisions.

III. In establishing the money or prizes to be awarded the holders of winning tickets and the purses for the horses or dogs or both, the [sweepstakes] lottery commission shall be governed by the primary purpose of the lottery and sweepstakes, to raise revenue for the benefit of public education. They shall conduct such studies and make such investigations, either directly or through their agents, as will apprise them of prizes and money awarded to the holders of winning tickets in similar drawings wherever held. They shall consider the size of purses for the horses or dogs or both as bearing on the question of gaining public confidence in the sweepstakes races. They shall fix the prizes and amounts of money to be awarded winners as well as the purses for the horses or dogs or both in such manner as will yield the largest net revenue for the benefit of public education, bearing in mind the expenses to be incurred, and all other factors which tend to influence net revenue.

97:6 Name Change. Amend RSA 284:21-j to read as follows:

284:21-j Establishment.

I. The state treasurer shall credit all moneys received from the [sweepstakes] lottery commission, and interest received on such moneys, to a special fund from which the treasurer shall pay all expenses of the commission incident to the administration of this subdivision and RSA 287-E. Any balance left in such fund after such expenses are paid shall be deposited in the education trust fund established under RSA 198:39.

II. Notwithstanding any other provision of law, if the expenditure of additional funds over budget estimates is necessary for the proper functioning of the [sweepstakes] lottery commission, the commission may request, with prior approval of the legislative fiscal committee, that the governor and council authorize the transfer of funds from the sweepstakes fund for expenses related to retirement and health benefits.

97:7 Name Change. Amend RSA 284:21-o to read as follows:

284:21-o Purchase of Tickets for a Fee Prohibited. No person shall engage in the business of purchasing or offering to purchase a sweepstakes or lottery ticket or tickets for, in behalf of, or in the name of another for a fee or service charge which shall make the ultimate cost of such ticket or tickets to the registered owner thereof greater than the legal price of such ticket or tickets as established by the [sweepstakes] lottery commission under the authority of this subdivision. Whoever violates the provisions of this section shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

97:8 Change from Sweepstakes to Lottery. Amend the following RSA provisions by replacing “sweepstakes” with “lottery”: 20:7; 21-I:18, I(g); 94:1-a; 188-F:27, VI; 284:17-c; 284:21-a; 284:21-h, II-V; 284:21-jj; 284:21-k; 284:21-m; 284:21-q; 284:21-s; 284:21-u, I; 284:21-v; 287-A:8, III; 287-D:2-b, III; 287-E:1, VI; 287-E:2; 287-E:16; 647:2, V(a); the subdivision heading preceding 663:7; 663:7; and 663:8.

97:9 Transition.

I. All existing rules, regulations, and procedures in effect, in operation, or adopted by the former sweepstakes commission are declared in effect and shall continue in effect until rescinded, revised, or amended by the lottery commission.

II. The change of name from the sweepstakes commission to the lottery commission shall not affect the terms or appointments of current members of the commission.

III. Current documents, forms, or any other supplies with the name sweepstakes commission may be used until exhausted.

IV. After all documents, forms, or any other supplies with the name sweepstakes commission have been exhausted, the official name of the commission shall be the New Hampshire lottery commission for the purposes of all correspondence and advertising.

97:10 Effective Date. This act shall take effect 60 days after its passage.

(Approved: May 11, 2004)

(Effective Date: July 10, 2004)