Bill Text: NJ A4149 | 2012-2013 | Regular Session | Chaptered


Bill Title: Authorizes New Jersey Racing Commission to grant special permit for horse racing on beach; allows wagering on such races.**

Spectrum: Slight Partisan Bill (Republican 8-4)

Status: (Passed) 2013-09-18 - Approved P.L.2013, c.163. [A4149 Detail]

Download: New_Jersey-2012-A4149-Chaptered.html

§1 - C.5:5-38.1

 


P.L.2013, CHAPTER 163, approved September 18, 2013

Assembly, No. 4149 (Third Reprint)

 

 


An Act 2[concerning a special horse racing permit] authorizing special horse racing permits for beach racing, 3[and steeplechase racing,]3 and wagering thereon,2 and supplementing chapter 5 of Title 5 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  Notwithstanding the provisions of 1section 1 of P.L.1949, c.26 (C.5:5-39.1) or1 any other law to the contrary, the commission may grant a special permit, to a 1[running race permit holder that leases a State-owned racetrack] permit holder in good standing authorized to conduct running races in this State1, for the holding or conducting of a special running race meeting on a beach in an area that extends landward from the mean high water line of the ocean to either the vegetation line or a man-made feature generally parallel to the ocean, such as a retaining structure, seawall, bulkhead, road, or boardwalk.  1A special permit granted pursuant to this subsection shall be subject to the jurisdiction of the commission.1

     b.    The commission may grant only one special permit 1[,]1 pursuant to subsection a. of this section 1[, to an eligible running race permit holder] per calendar year, which shall be valid only for the calendar year in which it is issued.  Any running race permit holder in good standing may apply for the special permit1.  The number of racing days authorized pursuant to the special permit shall not exceed two days in a calendar year.  Any racing day that is run pursuant to the special permit shall count toward the total number of racing days allotted to the running race permit holder.

     c.    A permit holder that is granted a special permit pursuant to this section shall keep and maintain separate books and records for the special running race meeting to the same extent as is required of a permit holder and shall file such report and audits as may otherwise be required on or before such date as the commission may designate.

     d.    Sums in the parimutuel pools shall be distributed as if the special running race meeting is held at the location for which the special permit holder holds a running race permit, as provided in chapter 5 of Title 5 of the Revised Statutes.

     1[e.  The commission shall promulgate rules and regulations providing for:

     (1)   the procedure for application for and approval of a special permit authorized by this section;

     (2)   any conditions to which a special permit holder or special running race meeting may be subject; and

     (3)   such other matters as the commission deems appropriate.]1

     2e.   No running race permit holder may be granted a special permit pursuant to subsection a. of this section to hold or conduct a special running race meeting on a beach located within twenty-five miles of any racetrack authorized to conduct running races unless the permit holder authorized to conduct running races at that racetrack consents in writing to the special running race meeting.

     f.     Notwithstanding the provisions of any other law to the contrary, simulcasting of a special running race meeting authorized by this section shall be conducted as if the special running race meeting is held at the location for which the special permit holder holds a running race permit, except that the special permit holder may also transmit the simulcast signal to the racetrack for which the special permit holder holds a running race permit.  The simulcasting 3within this State3 of a special running race meeting authorized by this section shall not require the consent of any horsemen's organization and shall be made available at the industry standard rate.  Upon application to and approval by the commission, the holder of a special permit granted pursuant to subsection a. of this section may transmit simulcast horse races of the special running race meeting to any facility outside of New Jersey with which the special permit holder has entered into an agreement.

     g.    Nothing in this section shall be construed to prohibit the commission from granting a special permit pursuant to subsection a. of this section to a running race permit holder that holds a special permit pursuant to subsection a. of section 2 of P.L.     , c.     (C.     ) (pending before the Legislature as this bill).2

 

     3[22.  a.  Notwithstanding the provisions of section 1 of P.L.1949, c.26 (C.5:5-39.1) or any other law to the contrary, the commission may grant a special permit, to a permit holder in good standing authorized to conduct running races in this State, for the holding or conducting of a special steeplechase race meeting at a location other than a racetrack, provided that the special steeplechase race meeting is conducted in conjunction with an organization that has experience conducting steeplechase races pursuant to section 54 of P.L.1940, c.17 (C.5:5-74) and provided that the special steeplechase race meeting is recognized by the National Steeplechase and Hunt Association.  A special permit granted pursuant to this subsection shall be subject to the jurisdiction of the commission.

     b.    The commission may grant only one special permit pursuant to subsection a. of this section per calendar year, which shall be valid only for the calendar year in which it is issued.  Any running race permit holder in good standing may apply for the special permit.  The number of racing days authorized pursuant to the special permit shall not exceed two days in a calendar year.  Any racing day that is run pursuant to the special permit shall count toward the total number of racing days allotted to the running race permit holder.

     c.    A permit holder that is granted a special permit pursuant to this section shall keep and maintain separate books and records for the special steeplechase race meeting to the same extent as is required of a permit holder and shall file such report and audits as may otherwise be required on or before such date as the commission may designate.

     d.    Sums in the parimutuel pools shall be distributed as if the special steeplechase race meeting is held at the location for which the special permit holder holds a running race permit, as provided in chapter 5 of Title 5 of the Revised Statutes, except that the special permit holder may enter into a contractual agreement with the organization with which the permit holder is conducting the special steeplechase race meeting providing for the distribution of money that would otherwise statutorily be distributed to the permit holder.

     e.    Notwithstanding the provisions of any other law to the contrary, simulcasting of a special running race meeting authorized by this section shall be conducted as if the special running race meeting is held at the location for which the special permit holder holds a running race permit, except that the special permit holder may also transmit the simulcast signal to the racetrack for which the special permit holder holds a running race permit.  The simulcasting of a special running race meeting authorized by this section shall not require the consent of any horsemen's organization and shall be made available at the industry standard rate.  Upon application to and approval by the commission, the holder of a special permit granted pursuant to subsection a. of this section may transmit simulcast horse races of the special running race meeting to any facility outside of New Jersey with which the special permit holder has entered into an agreement.

     f.     Nothing in this section shall be construed to prohibit the commission from granting a special permit pursuant to subsection a. of this section to a running race permit holder that holds a special permit pursuant to subsection a. of section 1 of P.L.     , c.     (C.     ) (pending before the Legislature as this bill).2]3

 

     2[2.] 3[3.2] 2.3  This act shall take effect immediately.


                                

 

     Authorizes New Jersey Racing Commission to grant special permit for horse racing on beach; allows wagering on such races.

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