Bill Text: NJ A2293 | 2022-2023 | Regular Session | Introduced
Bill Title: Prohibits requirement of advance notice to New Jersey Racing Commission in order to continue horse racing and simulcast activities during state of emergency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-07 - Introduced, Referred to Assembly Tourism, Gaming and the Arts Committee [A2293 Detail]
Download: New_Jersey-2022-A2293-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Prohibits requirement of advance notice to New Jersey Racing Commission in order to continue horse racing and simulcast activities during state of emergency.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the continuation of horse racing and simulcast activities during a state of emergency and amending P.L.2008, c.23.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 10 of P.L.2008, c.23 (C.5:5-22.3) is amended to read as follows:
10. a. In the event that a state of emergency is declared due to the failure to enact a general appropriation law by the deadline prescribed by Article VIII, Section II, paragraph 2 of the New Jersey Constitution, that prevents employees of the New Jersey Racing Commission from performing their normal duties, a holder of a permit to conduct a horse race meeting may continue to hold scheduled races and simulcast operations for a period not to exceed seven calendar days, notwithstanding that employees of the commission are unable to perform the functions usually required for the conduct of horse racing in this State, provided that the permit holder has complied with subsection b. of this section, and that the permit holder and its employees shall continue to comply with all relevant provisions of the New Jersey Constitution and all relevant State statutes and regulations, and shall maintain detailed records of that compliance.
If, during any period of time that racetrack facilities remain open pursuant to the provisions of this section, the Governor determines that a permit holder, or any employee thereof, may be engaged in what the Governor believes to be a violation of any State statute or regulation governing the operation of those facilities and the conduct of horse racing in this State, that would ordinarily subject a permit holder or employee to a possible suspension or revocation of its permit or license, the Governor shall have the authority to summarily suspend the permit or license of that permit holder or employee until such time as it is rescinded by the Governor, or the state of emergency ceases and the commission is able to address the matter.
Any violation of a statute or regulation that would ordinarily subject a permit holder or licensee to a fine, but which occurs while a racetrack facility remains open during a state of emergency pursuant to this section, which is not reported by the permit holder or licensee in accordance with commission rules and regulations pursuant to subsection b. of this section, shall be punishable by a fine of no less than five times and up to ten times the amount of the usual fine, depending on the nature and seriousness of the violation. When the state of emergency ceases, permit holders shall be responsible for any costs associated with implementing the provisions of this section, including any costs accrued by the commission and associated with re-implementing commission functions and duties.
b. Notwithstanding any law, rule, or regulation to the contrary, the New Jersey Racing Commission may develop, through rules and regulations, the necessary standards, criteria, safeguards, and procedures that a permit holder shall meet prior to, and as a condition of, being eligible to continue to conduct horse racing operations in this State in the event that a state of emergency is declared, as provided in subsection a. of this section, and commission employees are not able to perform their usual functions. Notwithstanding any provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the commission may adopt immediately upon filing with the Office of Administrative Law such rules and regulations as the commission deems necessary to implement the provisions of this section, which shall be effective for a period not to exceed 270 days following enactment of P.L.2008, c.23, and may thereafter be amended, adopted, or readopted by the commission in accordance with the requirements of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
c. Notwithstanding the provisions of any law, rule, or regulation to the contrary, the New Jersey Racing Commission shall not require a permit holder to submit to the commission by June 1, 2018 advance written notice of the permit holder's intention to continue horse racing and simulcasting activities during a state of emergency and to provide a list of all qualified persons to be employed to fill the necessary functions. Beginning in calendar year 2019 and thereafter, the commission shall require each permit holder to submit the required notice at the time the permit holder's racing days are approved pursuant to current law, and all activities for which the permit holder has a license or permit shall continue, including live and simulcast horse racing, off-track wagering, and sports wagering operations. The commission shall not require, at any time, the submission of a list of all qualified persons to be employed to fill the necessary functions during a state of emergency.
(cf: P.L.2008, c.23, s.10)
2. This act shall take effect immediately and shall be retroactive to May 30, 2018.
STATEMENT
Under current law, horse racing permit holders are permitted to continue conducting horse racing and simulcasting activities for seven days during a state of emergency, notwithstanding that employees of the commission are unable to perform the functions usually required for the conduct of horse racing in this State. The permit holder is required to comply with all relevant provisions of the New Jersey Constitution, State statutes, and regulations, and to maintain detailed records of that compliance.
This bill prohibits the New Jersey Racing Commission from requiring a permit holder to submit to the commission by June 1, 2018 advance written notice of the permit holder's intention to continue horse racing and simulcasting activities during a state of emergency and to provide a list of all qualified persons to be employed to fill the necessary regulatory functions.
The bill further provides that, beginning in calendar year 2019 and thereafter, the commission would require each permit holder to submit the required notice at the time the permit holder's racing days are approved pursuant to current law, and that all activities for which the permit holder has a license or permit would continue, including live and simulcast horse racing, off-track wagering, and sports wagering operations. This bill prohibits the commission from requiring, at any time, the submission of a list of all qualified persons to be employed to fill the necessary functions during a state of emergency. The changes required under this bill will be retroactive to May 30, 2018.
Current regulations require the permit holder to provide such notice and list by June 1 each calendar year.
