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New Hampshire Revisits Online Casino Legalization with SB 168
Debate Over iGaming Expansion
A new bill, SB 168, aims to legalize online casinos in New Hampshire, reviving a debate that stalled in 2023. State Sen. Tim Lang, who sponsored last year’s unsuccessful effort, is leading the charge again. While the proposal includes structural changes, opposition remains strong, particularly from groups concerned about the impact on charitable gaming revenue.
A recent study by the New Hampshire Charitable Gaming Study Commission echoes previous concerns that online gaming could cannibalize revenue from brick-and-mortar establishments that support charities. However, the bill’s new tax allocation framework may help build support.
The Recent Developments
SB 168 proposes amending state law to permit online casino gaming under the oversight of the New Hampshire Lottery Commission. It would allow between three and six online gaming platforms to operate under state licenses. A key requirement mandates that each online platform must partner with a land-based gaming facility in New Hampshire. The bill sets the gambling age at 18, aligning with the state’s online sports betting rules. It also imposes a 45% tax on online casino revenue, directing the funds as follows: 50% to the state’s general fund, 25% to the elderly, disabled, blind, and deaf exemption reimbursement fund, and 25% to the education trust fund. Unlike the 2023 bill, SB 168 does not include a deadline for implementation, allowing the Lottery Commission to roll out the changes at its discretion.
A major departure from the 2023 bill is SB 168’s inclusion of online slot games. Last year’s proposal limited iGaming to table games to mitigate concerns about competition with physical casinos. In contrast, SB 168 removes this restriction while introducing a contracting requirement to integrate land-based casinos into the online ecosystem. This provision could give up to six New Hampshire casinos a share of the online gaming market. However, concerns remain about whether online gambling will divert revenue from traditional gaming establishments, potentially reducing charitable contributions.
The August 2024 Spectrum Gaming Group study warns against hasty expansion. It describes New Hampshire’s casino industry as “nascent” and suggests waiting until 2031—when a moratorium on new casino licenses expires—before considering online gaming. The study argues that by then, regional competition may shift with potential gaming expansions in neighboring states, making a clearer assessment possible. This aligns with concerns that killed last year’s bill, as legislators feared iGaming could harm local charitable gaming operations.
It is likely that the competitive landscape surrounding New Hampshire will have changed by [2031], with the potential for online gaming, online lottery, and/or more casinos in neighboring states.
The Future
SB 168 seeks to address prior concerns by incorporating revenue-sharing measures, but whether these changes will sway opponents remains uncertain. The 2023 bill narrowly passed the Senate but was halted in the House Ways and Means Committee. With charitable gaming revenue still a central issue, the fate of SB 168 depends on whether lawmakers view its revised structure as a genuine solution—or a rebranded version of last year’s failed effort. Regardless of the outcome, the bill ensures that online gaming remains a focal point in New Hampshire’s legislative landscape.
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