Bill Text: NJ A3624 | 2012-2013 | Regular Session | Introduced
Bill Title: Provides that participation by New Jersey residents in contests of skill does not constitute unlawful gambling. *
Spectrum: Bipartisan Bill
Status: (Passed) 2014-01-17 - Approved P.L.2013, c.269. [A3624 Detail]
Download: New_Jersey-2012-A3624-Introduced.html
Sponsored by:
Assemblyman TIMOTHY J. EUSTACE
District 38 (Bergen and Passaic)
Assemblywoman CONNIE WAGNER
District 38 (Bergen and Passaic)
SYNOPSIS
Provides that participation by New Jersey residents in contests of skill does not constitute unlawful gambling.
CURRENT VERSION OF TEXT
As introduced.
An Act providing that participation by New Jersey residents in contests of skill does not constitute unlawful gambling and supplementing Title 5 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding the provisions of any other law to the contrary, participation by a New Jersey resident in a contest of skill in which a participant pays an entry fee for the opportunity to win a monetary prize or something else of value shall not be considered a game of chance, shall not constitute unlawful gambling under the laws of this State, and shall not subject the participant or the sponsor of the contest of skill, or any officer, employee, or agent of the sponsor, to any civil or criminal liability under the laws of this State that prohibit gambling.
For the purposes of this section, "contest of skill" means any contest where the winner or winners are selected solely on the quality of an entry in the contest as determined by a panel of judges using uniform criteria to assess the quality of entries. A "contest of skill" shall not include any contest, game, pool, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance.
2. This act shall take effect immediately.
STATEMENT
This bill provides that participation by a New Jersey resident in a contest of skill in which a participant pays an entry fee for the opportunity to win a monetary prize or something else of value is not considered a game of chance, does not constitute unlawful gambling under the laws of this State, and will not subject the participant or the sponsor of the contest of skill, or any officer, employee, or agent of the sponsor, to any civil or criminal liability under the laws of this State that prohibit gambling. The term "contest of skill" is defined to mean any contest where the winner or winners are selected solely on the quality of an entry in the contest as determined by a panel of judges using uniform criteria to assess the quality of entries. Under the bill, a "contest of skill" does not include any contest, game, pool, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance.
This bill addresses the reluctance of certain contest sponsors to accept entries from New Jersey residents because of the belief that doing so would violate New Jersey's gambling laws. The confusion on this point is apparently the result of a misinterpretation of New Jersey case law that addresses gambling. This has had the effect of denying New Jersey residents the opportunity to participate in such events as baking and photography contests sponsored by reputable national organizations that are not involved in any form of gambling. Under the bill, New Jersey residents would be free to participate in contests of skill and the sponsors of such contests, held here or elsewhere, would be free to accept entries from New Jersey residents without the fear that such activity would violate New Jersey's gambling laws.
