Bill Text: NJ A4348 | 2020-2021 | Regular Session | Introduced


Bill Title: Authorizes account wagering licensee to accept wagers from residents of eligible United States jurisdictions through account wagering system via electronic means such as Internet.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2020-07-02 - Introduced, Referred to Assembly Tourism, Gaming and the Arts Committee [A4348 Detail]

Download: New_Jersey-2020-A4348-Introduced.html

ASSEMBLY, No. 4348

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED JULY 2, 2020

 


 

Sponsored by:

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Authorizes account wagering licensee to accept wagers from residents of eligible United States jurisdictions through account wagering system via electronic means such as internet.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the placement of wagers on the results of horse races through the account wagering system via electronic means such as the internet and amending P.L.2001, c.199.

 

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

 

     1.    Section 3 of P.L.2001, c.199 (C.5:5-129) is amended to read as follows:

     3.    As used in this act:

     "Account holder" means a resident of this State, or of another eligible state, over age 18 who establishes an account pursuant to this act through which account wagers are placed.

     "Account wagering" means a form of parimutuel wagering in which an account holder may deposit money in an account with the account wagering licensee and then use the account balance to pay for parimutuel wagers by the account holder.

     "Account wagering licensee" means the New Jersey Sports and Exposition Authority or its assignee, provided that the commission has granted its approval for the authority to establish an account wagering system as provided for in this act.

     "Account wagering system" means the system through which account wagers are processed by the account wagering licensee pursuant to this act.

     "Applicant" means the New Jersey Sports and Exposition Authority or another entity that submits an application to the commission for a license to establish and conduct an off-track wagering facility pursuant to this act.

     "Authority" means the New Jersey Sports and Exposition Authority created by section 4 of P.L.1971, c.137 (C.5:10-4).

     "Backstretch Benevolency" means the Backstretch Benevolency Programs Fund established pursuant to section 1 of P.L.1993, c.15 (C.5:5-44.8).

     "Breeders and Stallions" means the distribution from the special trust account created pursuant to section 46 a. (2) of P.L.1940, c.17 (C.5:5-66) for the purposes of subparagraph (c) of that citation.

     "Breeding and Development" means the New Jersey Horse Breeding and Development Account established pursuant to section 5 of P.L.1967, c.40 (C.5:5-88).

     "Commission" means the New Jersey Racing Commission created by section 1 of P.L.1940, c.17 (C.5:5-22).

     "Eligible state" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States where parimutuel wagering is permitted, and where residents are permitted to establish an account

with the account wagering licensee in accordance and compliance with the provisions of the "Interstate Horse Racing Act of 1978" (15 U.S.C. s.3001 et seq.), any other applicable federal law, and the laws of the eligible state.

     "Executive Director" means the Executive Director of the commission.

     "Health and Welfare" means moneys distributed to the Standardbred Breeders' and Owners' Association for the administration of a health benefits program pursuant to section 46 a. (5) of P.L.1940, c.17 (C.5:5-66).

     "In-State host track" means a racetrack within this State which is operated by a permit holder which conducts a horse race upon which account wagers are placed pursuant to this act.

     "In-State sending track" means a racetrack within this State which is operated by a permit holder and is equipped to conduct off-track simulcasting.

     "In-State track" means an in-State host track or an in-State sending track.

     "Interstate common pool" means the parimutuel pool established within this State or in another state or foreign nation within which is combined parimutuel pools of one or more receiving tracks located in one or more states or foreign nations upon a race at an out-of-State sending track or out-of-State host track for the purpose of establishing payoff prices in the various jurisdictions.

     "Jockey's Health and Welfare" means a health and welfare trust established by the organization certified by the New Jersey Racing Commission as representing a majority of the active licensed thoroughbred jockeys in New Jersey for the purpose of providing health and welfare benefits to active, disabled and retired New Jersey jockeys and their dependents based upon reasonable criteria by that organization.

     "New Jersey Racing Industry Special Fund" means the fund established pursuant to section 27 of this act.

     "New Jersey Thoroughbred Horsemen's Association" means the association representing the majority of New Jersey thoroughbred owners and trainers responsible for receiving and distributing funds for programs designed to aid thoroughbred horsemen.

     "Off-track simulcasting" means the simultaneous audio or visual transmission of horse races conducted at in-State and out-of-State racetracks to off-track wagering facilities and parimutuel wagering at those off-track wagering facilities on the results of those races.

     "Off-track wagering" means parimutuel wagering at an off-track wagering facility as authorized under this act.

     "Off-track wagering facility" means a licensed facility, other than a racetrack, at which parimutuel wagering is conducted pursuant to this act.

     "Off-track wagering licensee" means the New Jersey Sports and Exposition Authority or its assignee, or another entity to which the commission has granted its approval to conduct an off-track wagering facility as provided for in this act.

     "Out-of-State host track" means a racetrack in a jurisdiction other than the State of New Jersey, the operator of which is lawfully permitted to conduct a horse race meeting and which conducts horse races upon which account wagers may be placed pursuant to this act.

     "Out-of-State sending track" means a racetrack in a jurisdiction other than the State of New Jersey which is equipped to conduct off-track simulcasting and the operator of which is lawfully permitted to conduct a horse race meeting and to provide simulcast horse races to off-track wagering facilities in this State.

     "Out-of-State track" means an out-of-State host track or an out-of-State sending track.

     "Outstanding parimutuel ticket" means a winning parimutuel ticket which is not claimed within six months of sale.

     "Parimutuel" means any system whereby wagers with respect to the outcome of a horse race are placed with, or in, a wagering pool conducted by an authorized person, and in which the participants are wagering with each other and not against the person conducting the wagering pool.

     "Participation agreement" means the written contract entered into prior to the effective date of P.L.2011, c.26, that provides for the establishment or implementation of either (a) an off-track wagering facility or facilities or (b) an account wagering system.  Each such contract shall set forth the manner in which the off-track wagering facility or facilities or the account wagering system shall be managed, operated and capitalized, as well as how expenses and revenues shall be allocated and distributed by and among the authority and the other eligible participants subject to the agreement.

     "Permit holder" means the holder of an annual permit to conduct a horse race meeting issued by the commission.

     "Racetrack" means the physical facility where a permit holder conducts a horse race meeting with parimutuel wagering.

     "Racing costs" means the prospective and actual costs for all licensing, investigation, operation, regulation, supervision and enforcement activities and functions performed by the commission.

     "Simulcast horse races" means horse races conducted at an in-State sending track or an out-of-State sending track, as the case may be, and transmitted simultaneously by picture to a receiving track or an off-track wagering facility.

     "Sire Stakes" means the Sire Stakes Program established pursuant to section 1 of P.L.1971, c.85 (C.5:5-91).

     "Standardbred Drivers' Health and Welfare" means a health and welfare trust established by the Standardbred Breeders' and Owners' Association of New Jersey for the purpose of providing health and welfare benefits to active, disabled and retired New Jersey standardbred drivers and their dependents based upon reasonable criteria by that organization.

     "Takeout" means that portion of a wager which is deducted from or not included in the parimutuel pool, and which is distributed other than to persons placing wagers.

     "Thoroughbred Breeders and Stallions" means the special trust account created pursuant to section 46 b.(1)(e) of P.L.1940, c.17 (C.5:5-66).

(cf: P.L.2011, c.26, s.2)

 

     2.  Section 16 of P.L.2001, c.199 (C.5:5-142) is amended to read as follows:

     16.  a.  A person shall not place an account wager from within this State or an eligible state except in accordance with this act through the account wagering licensee, and no entity, other than the account wagering licensee, shall accept an account wager from a person within this State or an eligible state.  A person may not place an account wager unless the person has established an account with the account wagering licensee.  To establish a wagering account, a person shall be a New Jersey resident, or a resident of an eligible state, and at least 18 years of age.  Nothing in this section, or any other provision of P.L.2001, c.199 (C.5:5-127 et seq.), as amended and supplemented, shall be interpreted to prevent a resident of this State who has established an account with the account wagering licensee from placing an account wager while temporarily out-of-State.

     b.    The account shall be in the name of a natural person and may not be in the name of any beneficiary, custodian, joint trust, corporation, partnership or other organization or entity.

     c.     An account may be established by a person completing an application form approved by the commission and submitting it together with a certification, or other proof, of age and residency.  The form shall include the address of the principal residence of the prospective account holder and a statement that a false statement made in regard to an application may subject the applicant to prosecution.

     d.    The prospective account holder shall submit the completed application to the account wagering licensee, to any account wagering participating permit holder or to a licensed off-track wagering facility or such other person or entity as may be approved by the commission.  The account wagering licensee may accept or reject an application after receipt and review of the application and certification, or other proof, of age and residency for compliance with this act.

     e.     Any prospective account holder who provides false or misleading information on the application is subject to rejection of the application or cancellation of the account by the account wagering licensee without notice.

     f.     The account wagering licensee shall have the right to suspend or close any wagering account at its discretion.

     g.    Any person not in good standing with the commission shall not be entitled to maintain a wagering account.

     h.    The address provided by the applicant in the application shall be deemed the proper address for the purposes of mailing checks, account withdrawals, notices and other materials.

     i.     A wagering account shall not be assignable or otherwise transferable.

     j.     Except as otherwise provided in this act or in regulations which the commission may adopt hereunder, all account wagers shall be final and no wager shall be canceled by the account holder at any time after the wager has been accepted by the account wagering licensee.

     k.    For the purposes of this act and notwithstanding any other law to the contrary, all messages or orders to place account wagers received by the licensee on behalf of a participating permit holder shall be deemed made to a place within this State.

     l.     All persons accepting account wagers on behalf of the account wagering licensee shall do so at a location within this State.

     m.   The account wagering licensee may at any time declare the system closed for receiving any wagers on any race or closed for all wagering.

(cf: P.L.2001, c.199, s.16)

 

     3.  Section 18 of P.L.2001, c.199 (C.5:5-144) is amended to read as follows:

     18.  The account wagering licensee may accept account wagers only from residents of New Jersey or residents of eligible states, and only as follows:

     a.     The account wager shall be placed directly with the account wagering licensee by the holder of the wagering account.

     b.    The account holder placing the account wager shall provide the licensee with the correct personal identification number of the holder of the wagering account.

     c.     A licensee may not accept an account wager, or series of wagers, in an amount in excess of funds on deposit in the wagering account of the holder placing the wager.  Funds on deposit include amounts credited under section 17 of this act and in the account at the time the wager is placed.

     d.    Only the holder of a wagering account shall place an account wager.  Unless otherwise approved by the commission, no person, corporation or other entity shall directly or indirectly act as an intermediary, transmitter or agent in the placing of wagers for a holder of a wagering account; provided, however, that the use of credit or debit cards specifically approved by the licensee or the use of checks, money orders or negotiable orders of withdrawal or the use of telephonic, computer or electronic means by the account holder to place such wagers shall not be prohibited.

     e.     The account holder may place a wager in person, by direct telephone call or by communication through other electronic media.

(cf: P.L.2001, c.199, s.18)

 

     4.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill amends the "Off-Track and Account Wagering Act," P.L.2001, c.199 (C.5:5-127 et seq.), to authorize the account wagering licensee to accept wagers on the results of horse races from residents of eligible United States jurisdictions through the account wagering system.  Under current law, only New Jersey residents are permitted to establish wagering accounts with the licensee, for the placement of wagers on the results of in-State and out-of-State horse races through the system, either in-person or via the telephone or other electronic means such as the internet.  Under the bill, the account wagering licensee could accept account wagers from persons who are residents of another state, provided that: (a) the person resides in a state where parimutuel wagering is permitted; (b) residents of that state are permitted to establish an account with the account wagering licensee; and (c) the acceptance of the wager is in accordance and compliance with the provisions of the "Interstate Horse Racing Act of 1978" (15 U.S.C. s.3001 et seq.), any other applicable federal law, and the laws of that state.

     The bill clarifies that nothing in the "Off-Track and Account Wagering Act" may be interpreted to prevent a resident of this State who has established an account with the account wagering licensee from placing an account wager while temporarily out-of-State.

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