Bill Text: NJ A4303 | 2016-2017 | Regular Session | Introduced


Bill Title: Removes and repeals all prohibitions, permits, licenses, and authorizations concerning wagers on professional, collegiate, or amateur sport contests or athletic events.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2016-10-27 - Introduced, Referred to Assembly Tourism, Gaming and the Arts Committee [A4303 Detail]

Download: New_Jersey-2016-A4303-Introduced.html

ASSEMBLY, No. 4303

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED OCTOBER 27, 2016

 


 

Sponsored by:

Assemblyman  RALPH R. CAPUTO

District 28 (Essex)

Assemblyman  JOHN J. BURZICHELLI

District 3 (Cumberland, Gloucester and Salem)

 

 

 

 

SYNOPSIS

     Removes and repeals all prohibitions, permits, licenses, and authorizations concerning wagers on professional, collegiate, or amateur sport contests or athletic events.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act removing and repealing all prohibitions, permits, licenses, and authorizations concerning sports wagering, amending P.L.2014, c.62, and repealing section 13 of P.L.2012, c.34.

 

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

 

     1.  Section 1 of P.L.2014, c.62 (C.5:12A-7) is amended to read as follows:

     1.    The provisions of chapter 37 of Title 2C of the New Jersey Statutes, chapter 40 of Title 2A of the New Jersey Statutes, chapter 5 of Title 5 of the Revised Statutes, and P.L.1977, c.110 (C.5:12-1 et seq.), as amended and supplemented, and any laws, rules [and] , or regulations that may require or authorize any State agency to license, authorize, permit or otherwise take action to allow any person to engage in the placement or acceptance of any wager on any professional, collegiate, or amateur sport contest or athletic event, or that  prohibit participation in or operation of a pool that accepts such wagers, are repealed [to the extent they apply or may be construed to apply at a casino or gambling house operating in this State in Atlantic City or a running or harness horse racetrack in this State, to the placement and acceptance of wagers on professional, collegiate, or amateur sport contests or athletic events by persons 21 years of age or older situated at such location or to the operation of a wagering pool that accepts such wagers from persons 21 years of age or older situated at such location, provided that the operator of the casino, gambling house, or running or harness horse racetrack consents to the wagering or operation. 

     As used in this act, P.L.2014, c.62 (C.5:12A-7 et al.):

     "collegiate sport contest or athletic event" shall not include a collegiate sport contest or collegiate athletic event that takes place in New Jersey or a sport contest or athletic event in which any New Jersey college team participates regardless of where the event takes place; and

     "running or harness horse racetrack" means the physical facility where a horse race meeting with parimutuel wagering is conducted and includes any former racetrack where such a meeting was conducted within 15 years prior to the effective date of this act, excluding premises other than those where the racecourse itself was located].

(cf: P.L.2014, c.62, s.1)

 

     2.  Section 2 of P.L.2014, c.62 (C.5:12A-8) is amended to read as follows:

     2.    The provisions of this act, P.L.2014, c.62 (C.5:12A-7 et al.), as amended, are not intended and shall not be construed as causing the State to sponsor, operate, advertise, promote, license, or authorize by law or compact the placement or acceptance of any wager on any professional, collegiate, or amateur sport contest or athletic event but, rather, are intended and shall be construed to remove and repeal all State laws and regulations prohibiting and regulating the placement and acceptance[, at a casino or gambling house operating in this State in Atlantic City or a running or harness horse racetrack in this State,] of wagers on professional, collegiate, or amateur sport contests or athletic events [by persons 21 years of age or older situated at such locations].

(cf: P.L.2014, c.62, s.2)

 

     3.  Section 13 of P.L.2012, c.34 (C.5:12A-4.1) is repealed.

 

     4.  This act shall take effect on the 90th day next following the date of enactment.

 

 

STATEMENT

 

     This bill implements the decision of the United States Court of Appeals for the Third Circuit in National Collegiate Athletic Association v. Governor of New Jersey, 730 F.3d 208 (3d Cir. 2013) and National Collegiate Athletic Association v. Governor of New Jersey, 2016 U.S. App. LEXIS 14606 (3d Cir. 2016).  In its 2013 decision, the court in interpreting the Professional and Amateur Sports Protection Act of 1992 (PASPA), 28 U.S.C. 3701 et seq., stated that it does "not read PASPA to prohibit New Jersey from repealing its ban on sports wagering."  National Collegiate Athletic Association, 730 F.3d at 232.  The sponsor believes that the court, in its 2016 decision, made it clear that a total repeal by New Jersey of its ban on sports wagering would not violate PASPA.  This bill would totally remove and repeal the State's prohibitions, permits, licenses, and authorizations concerning wagers on professional, collegiate, or amateur sport contests or athletic events.

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