Committee Summary for Senate Ways and Means (02/05/2025)

Bill/Time	Type	Title	Sponsor
SB60 00:00:19.600 - 8:16:50 AM	Public Hearing	(New Title) relative to advanced deposit account wagering and the department of health and human services' rulemaking authority regarding immunization requirements.	Lang, Timothy(R)[B-]2025
SB63 00:13:54.199 - 8:30:25 AM	Public Hearing	relative to funding for the division of travel and tourism.	Lang, Timothy(R)[B-]2025
SB63 00:21:50.559 - 8:38:21 AM	Executive Session	relative to funding for the division of travel and tourism.	Lang, Timothy(R)[B-]2025
SB275 00:29:57.039 - 8:46:28 AM	Public Hearing	providing property tax relief for some child care agencies.	Watters, David(D)[D-]2025
SB83 00:44:59.599 - 9:01:30 AM	Public Hearing	(New Title) relative to licenses for primary and secondary game operators.	Lang, Timothy(R)[B-]2025
SB168 01:02:23.039 - 9:18:54 AM	Public Hearing	regulating online gambling and directing net proceeds to the education trust fund, the general fund, and to reimburse municipalities for elderly, disabled, blind, and deaf tax exemptions.	Lang, Timothy(R)[B-]2025
SB60 01:42:22.920 - 9:58:53 AM	Executive Session	(New Title) relative to advanced deposit account wagering and the department of health and human services' rulemaking authority regarding immunization requirements.	Lang, Timothy(R)[B-]2025
SB159 01:48:51.239 - 10:05:22 AM	Executive Session	establishing a marine habitat fee.	Watters, David(D)[D-]2025

SB60: Senator Lang, prime sponsor Support00:00:19.600 - 8:16:50 AM; Senator Lang introduced Senate Bill 60, which aims to modernize the existing laws on horse racing betting in New Hampshire. The bill would allow for advanced deposit wagering, enabling residents to place bets on horse races like the Kentucky Derby through their phones or other digital means, rather than physically visiting one of the two current locations in the state. He noted that the bill had been passed in the Senate the previous year but faced issues in the House, which he believes he has addressed by adjusting the tax rate to match that of in-person betting. The bill is intended to update statutes that are outdated and still reference phone lines.
SB60: Charlie McIntyre, Director of the Lottery, and K. Ooyo, Chief Compliance Officer Support00:03:04.720 - 8:19:35 AM; Charlie McIntyre, along with K. Ooyo, expressed support for Senate Bill 60. They highlighted that the bill would regulate an activity that is currently happening in the state without regulation or revenue generation. They drew parallels to the regulation of fantasy sports, noting that the bill would provide consumer protections and allow the state to manage customer complaints. They also mentioned that the current gray area in state law leaves them unable to assist citizens with issues related to online horse racing betting.
SB60: Peter Bragon, Senior Policy Advisor at Predy Strategies, representing Churchill Downs Support00:06:17.039 - 8:22:48 AM; Peter Bragon, representing Churchill Downs, supported Senate Bill 60, emphasizing its role in providing regulatory certainty for advanced deposit wagering (ADW) in New Hampshire. He explained that Churchill Downs, known for the Kentucky Derby, voluntarily ceased ADW operations in the state in 2022 to maintain a good relationship with the Lottery Commission and Attorney General, despite competitors continuing to operate. He stressed the need for the bill to create a level playing field and to clarify the legal status of ADW, which is currently in a gray area due to the lack of state-specific legislation. The bill is seen as crucial for consumer security and regulatory consistency.
SB63: Senator Tim Lang, Senate District 2, The Lakes Region, Campton, Thornton Support00:13:54.199 - 8:30:25 AM; Senator Lang introduced Senate Bill 63, which aims to correct a previous modification to the allocation of the rooms and meals tax. He explained that the bill seeks to restore the calculation of the 3.15% of net operating money allocated to travel and tourism, which had been drastically reduced due to changes in the municipal Revenue fund formula. The senator argued that the tourism industry has been successful in increasing state revenue, and this bill would ensure that the tourism division receives adequate funding to continue promoting the state effectively.
SB63: Cheryl Ren, President, White Mountain Attractions Association Support00:16:32.240 - 8:33:03 AM; Cheryl Ren spoke on behalf of the tourism industry in New Hampshire, supporting Senate Bill 63. She highlighted the importance of reversing the current statutory formula that reduces marketing funds for the division of travel and tourism by over 40%. Ren emphasized the significant return on investment from tourism marketing and warned that cutting these funds would harm the state's economy and its ability to attract tourists. She urged the committee to support the bill to safeguard the growth and success of the tourism sector.
SB63: NCH, representing Business and Industry Association Support00:19:48.159 - 8:36:19 AM; NCH, representing the Business and Industry Association, expressed strong support for Senate Bill 63. He noted the high return on investment from the travel and tourism budget and its positive impact on state revenues through various taxes. NCH argued that supporting the bill would benefit both the state's economy and its members, and he was open to answering any questions from the committee.
SB63: Committee Information Only00:21:50.559 - 8:38:21 AM; The committee moved into an executive session to discuss Senate Bill 63. There was no opposition to the bill, and a motion was made to recommend 'Ought to Pass' (OTP) on the bill, which was seconded and passed unanimously. The bill was then moved to be placed on the consent calendar, which was also approved unanimously.
SB275: Senator David Waters, District 4 Support00:29:57.039 - 8:46:28 AM; Senator Waters introduced Senate Bill 275, aimed at clarifying the nonprofit status and tax exemption for child care centers. He discussed the proposed amendment, which would define 'charitable' in a way that ensures nonprofit child care centers qualify for tax exemptions if they meet specific criteria. Additionally, the bill seeks to include preschool facilities in school building aid eligibility, allowing districts to use this funding for preschool classrooms. Senator Waters addressed a question about the potential impact on other nonprofit entities, stating that the amendment's language was intended specifically for child care centers.
SB275: Jim Misho, Chief Assessor, Town of Hudson Oppose00:36:02.400 - 8:52:33 AM; Jim Misho, Chief Assessor from the Town of Hudson, expressed opposition to Senate Bill 275. He discussed the technical aspects of the bill, initially focusing on the original version that would allow for-profit corporations like KinderCare to qualify for educational tax exemptions. He noted that the amendment seeks to limit the exemption to nonprofit corporations under 501c3 status, in good standing, and conforming to the existing charitable property tax exemption definition. Misho also discussed the New Canaan Academy v. Canaan case law from 1982, which outlines a four-part test for educational tax exemptions. He pointed out that the amendment does not change this case law, and suggested that guidance from the Department of Revenue or the Board of Tax and Land Appeals could help clarify the criteria for stakeholders.
SB275: Julie, citizen Oppose00:39:48.560 - 8:56:19 AM; Julie opposed Senate Bill 275, expressing frustration with the city's property tax assessments and the perceived unfairness in tax distribution. She cited a significant tax increase two years prior and criticized the mayor's comments about commercial property depreciation. Julie argued that the bill would further exacerbate the situation by providing special tax treatments to certain businesses, particularly childcare centers, at the expense of homeowners like herself who do not benefit from these services. She also highlighted the lack of transparency regarding the bill's inclusion on the ballot and expressed concerns about its impact on the housing crisis, suggesting the bill should be deemed inexpedient to legislate (ITL).
SB275: Michelle Merritt, President and CEO, New Futures Support00:43:10.359 - 8:59:41 AM; Michelle Merritt, President and CEO of New Futures, expressed support for Senate Bill 275, particularly for the amendment that clarifies the definition of charitable within the context of nonprofit childcare centers in New Hampshire. She mentioned that New Futures worked with the prime sponsor and the New Hampshire Center for Nonprofits on the amendment's language. Merritt offered to answer any questions and indicated willingness to work with the committee to further refine the bill.
SB83: Senator Lang, Prime Sponsor Information Only00:44:59.599 - 9:01:30 AM; Senator Lang, the prime sponsor of Senate Bill 83, presented the bill which focuses on the gaming industry in New Hampshire. The bill includes renaming the Division of Lottery to the Division of Lottery and Gaming to reflect the growing significance of gaming. It also aims to legalize Class III slot machines, known as Video Lottery Terminals (VLTs), to reduce operational costs and increase revenue for operators, charities, and the state. Lang discussed the operational differences between Historic Horse Racing (HHR) machines and slot machines, explaining the network connectivity required for HHR. The bill proposes a 40% tax rate on gross revenue from VLTs, with 35% of that going to charities, and the remainder split between education, a new fund for elderly, disabled, blind, and deaf tax exemptions, and addressing Group II retirement issues. Lang also addressed the moratorium on HHR, stating that the bill does not make it permanent, and any changes to the moratorium would not affect eligibility for VLT licenses after its expiration.
SB83: Charlie McIntyre, Director, Lottery Information Only00:56:08.039 - 9:12:39 AM; Charlie McIntyre, Director of the Lottery, provided clarification on Senate Bill 83. He addressed a question about the moratorium on Historic Horse Racing (HHR) and its impact on eligibility for Video Lottery Terminal (VLT) licenses. McIntyre explained that the current moratorium limits the pool of applicants for HHR, and this would extend to VLTs until the moratorium expires. He noted that the bill's language might be ambiguous regarding whether the moratorium's expiration would open the market to all applicants, suggesting potential need for clarification. McIntyre emphasized that the decision on the number of market participants is a policy decision for the legislature, not the executive branch.
SB83: Kolie Royo, Chief Compliance Officer, Lottery Information Only00:59:03.720 - 9:15:34 AM; Kolie Royo, Chief Compliance Officer of the Lottery, provided additional insight into Senate Bill 83. She agreed with Charlie McIntyre's interpretation of the bill's language regarding the moratorium on Historic Horse Racing (HHR) and its impact on Video Lottery Terminal (VLT) licenses. Royo noted that the current law limits the pool of applicants to those eligible before the moratorium's deadline, and this would apply to VLTs until the moratorium's expiration. She emphasized that the legislature has the power to change the moratorium and that the bill's language might need clarification to ensure the market opens to all applicants after the moratorium ends.
SB83: Alicia Preston, New Hampshire Charitable Gaming Operators Association Support01:00:43.520 - 9:17:14 AM; Alicia Preston from the New Hampshire Charitable Gaming Operators Association expressed support for Senate Bill 83. She highlighted that the bill was recommended by a study commission using Spectrum Gaming Group's data. She mentioned it represents a natural progression in the industry. Preston discussed the potential increase in the tax rate from 25% to 30%, suggesting that a 5% increase is reasonable due to operational costs associated with historic racing. She also supported the statewide self-exclusion database, viewing it as a positive step.
SB168: Senator Lang, District 2, Lakes Region Support01:02:23.039 - 9:18:54 AM; Senator Lang introduced Senate Bill 168, which aims to legalize online gaming in New Hampshire, allowing activities like poker and blackjack to be played from personal devices. He acknowledged a mistake in the original bill regarding revenue distribution to charities, which he corrected with an amendment. The bill proposes a tethered model, where online gaming would be linked to physical gaming facilities, ensuring the same tax rates and revenue shares. Lang discussed the potential revenue of about $39 million, with allocations to education and the elderly tax credit, and the remainder to the general fund. He emphasized the need for anti-terrorism measures in the bill.
SB168: Alicia Preston, New Hampshire Charitable Gaming Operators Association Oppose01:06:53.279 - 9:23:24 AM; Alicia Preston expressed opposition to Senate Bill 168. She appreciated the attempt to tether online gaming to physical facilities but argued that it could negatively impact the physical gaming industry's street traffic, which is vital for the sustainability of the brick-and-mortar casinos. She raised concerns about the impact on food and beverage sectors, suggesting that online gaming might reduce the need for patrons to visit physical locations. Preston also highlighted New Hampshire's unique situation with many casinos, suggesting that the state's market might differ from others studied. She was unsure if the bill would increase charity funding and expressed concerns about job losses if physical gaming decreases.
SB168: Brian Dorwall, National Campaign for Fair Gambling Oppose01:10:58.360 - 9:27:29 AM; Brian Dorwall, an international problem gambling policy expert, spoke against Senate Bill 168, focusing on the public health issue of gambling addiction. He cited national headlines and statistics showing increased gambling problems in regions with legalized online gaming. Dorwall pointed out that New Hampshire has a low commitment to addressing gambling addiction, ranking 39th out of 43 states. He argued that introducing new forms of gambling would exacerbate the problem, potentially leading to significant social costs. He urged the committee to consider the broader implications and the need for more research and resources before expanding gambling options.
SB60: Unidentified Speaker Information Only01:42:22.920 - 9:58:53 AM; The speaker moved to pass Senate Bill 60, which is about legalizing online betting through advanced deposit wagering. They noted that New Hampshire has a blanket law against gaming unless specifically legalized, and the Attorney General requested this bill to clarify the legal status of such activities in the state.
SB60: Unidentified Speaker Information Only01:43:28.199 - 9:59:59 AM; The speaker, who missed the public hearing, referenced last year's version of the bill and questioned changes, particularly about the annual contract for security audits and the requirement for financial statements from publicly traded companies. They were informed that the Lottery Commission felt the existing filing processes were sufficient and that the law should not restrict their options.
SB60: Unidentified Speaker Information Only01:44:19.840 - 10:00:50 AM; The speaker continued discussing changes from the previous year's bill, focusing on the removal of the requirement for 'cause' to withdraw approval of a plan of operation. They suggested adding the words 'for cause' back into the bill, which was agreed upon and moved as a committee amendment.
SB60: Unidentified Speaker Information Only01:46:21.800 - 10:02:52 AM; The speaker moved to pass Senate Bill 60 with the amendment and also moved to put the bill on consent, which was seconded and passed.
SB159: Senator Murphy Oppose01:48:51.239 - 10:05:22 AM; Senator Murphy opposed the bill, citing the current economic environment as a reason not to impose new fees. He recognized the importance of maintaining wildlife but felt that adding a fee during an economic crisis was not justified.
SB159: Unidentified Speaker Oppose01:49:39.400 - 10:06:10 AM; The speaker opposed the bill, arguing that the department should either reduce its responsibilities or find other ways to be self-funded, as it is currently unable to function without general funds, which goes against its self-funded status.
SB159: Unidentified Speaker Oppose01:50:36.920 - 10:07:07 AM; The speaker supported the motion to kill the bill (ITL), citing the economic difficulties people face and the need to encourage outdoor activities without additional fees. They suggested that the department should manage within its current budget and reconsider the fee in a better economic climate.
SB159: Unidentified Speaker Information Only01:51:35.159 - 10:08:06 AM; The speaker called for a vote on the bill, which resulted in a 3-2 vote to kill the bill. It was also noted that the bill would not be on consent.

Lang, Timothy(Chairman)(R)[B-]2025	Murphy, Keith(V Chairman)(R)[A]2025	Rosenwald, Cindy(D)[F]2025
Fenton, Donovan(D)[F]2025	Sullivan, Victoria(R)[A-]2025