New Jersey-2018-A2575-Introduced

An Act concerning certain off-track wagering facility proceeds and amending P.L.2001, c.199.

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

1. Section 27 of P.L.2001, c.199 (C.5:5-153) is amended to read as follows:

27. The commission shall establish and administer a separate fund to be known as the "New Jersey Racing Industry Special Fund" into which shall be deposited the sums dedicated to the fund by sections 19, 21 and 25 of this act. Money deposited in this special fund shall be disbursed monthly by the commission and used as follows:

a. 92% shall be distributed as follows:

(1) in the case of money deposited into the special fund from the off-track wagering facility located on the former site of the Atlantic City Race Course, or, if no off-track wagering facility exists on that former site, the off-track wagering facility located closest to that former site, 100% to permit holders conducting thoroughbred racing;

(2) except as provided in paragraph (1), 65% to permit holders conducting thoroughbred racing and 35% to permit holders conducting harness racing;

Of the allocations made pursuant to this subsection to permit holders conducting thoroughbred racing, specific distributions shall be made to the overnight thoroughbred purse account of each permit holder and for programs designed to aid the thoroughbred horsemen and the New Jersey Thoroughbred Horseman's Association. Expenditures for programs designed to aid the thoroughbred horsemen and the New Jersey Thoroughbred Horseman's Association shall not exceed 2.9% of such allocations. Distribution among thoroughbred permit holders shall be based on the following formula: total overnight thoroughbred purse distribution for each permit holder in the prior calendar year divided by the total overnight thoroughbred purse distribution of all permit holders in the prior calendar year. Notwithstanding the foregoing, the sum allocated to permit holders conducting thoroughbred races under this subsection may be distributed as provided by a contractual agreement authorized under section 12 of P.L.2013, c.266 (C.5:5-189).

Of the allocations made pursuant to this subsection to permit holders conducting standardbred racing, specific distributions shall be made to the overnight standardbred purse account of each permit holder and for programs designed to aid the standardbred horsemen and the Standardbred Breeders' and Owners' Association of New Jersey. Expenditures for programs designed to aid the standardbred horsemen and the Standardbred Breeders' and Owners' Association of New Jersey shall not exceed 5% of such allocations. Distribution among standardbred permit holders shall be based on the following formula: total overnight standardbred purse distribution for each permit holder in the prior calendar year divided by the total overnight standardbred purse distribution of all permit holders in the prior calendar year. Notwithstanding the foregoing, the sum allocated to permit holders conducting harness racing under this subsection may be distributed as provided by a contractual agreement authorized under section 11 of P.L.2013, c.266 (C.5:5-188).

b. 8% shall be distributed as follows:

(2) except as provided in paragraph (1), 65% to thoroughbred funds and 35% to harness funds.

Of the amounts distributed to thoroughbred funds pursuant to this subsection, the following distributions shall apply: 94% to Thoroughbred Breeders and Stallions; 3% to Backstretch Benevolency; and 3% to Breeding and Development.

Of the amount distributed to harness funds pursuant to this subsection, the following distributions shall apply: 75% to Sire Stakes; 8% to Breeders and Stallions; 3.5% to Backstretch Benevolency; 10% to Health and Welfare; and 3.5% to Breeding and Development.

c. Notwithstanding the provisions of section 25 of P.L.2001, c.199 (C.5:5-151) or of this section to the contrary, following the effective date of P.L. , c. (pending before the Legislature as this bill), the commission shall estimate the amount due to each permit holder under subsection a. of this section, based on the most recent full year of distribution, and shall permit the off-track wagering licensee to retain that sum for distribution to the permit holder for the purposes specified under subsection a. of this section.

(cf: P.L.2013, c.266, s.6)

2. This act shall take effect immediately.

STATEMENT

This bill allows off-track wagering facilities to retain certain proceeds from wagering on horse races occurring at out-of-State racetracks for distribution to permit holders required by law.

Under current law, off-track wagering facilities pay certain proceeds from wagering on out-of-State races at the facility to the New Jersey Racing Commission on an ongoing basis for deposit into the New Jersey Racing Industry Special Fund. The commission disburses a portion of the money received from the off-track wagering facilities to permit holders. The commission collects a portion of each facility's proceeds from these wagers and then returns it to the permit holder that owns or operates the facility at a later date.

Under this bill, off-track wagering facilities would be permitted to retain the portion of the money they normally pay into the New Jersey Racing Industry Special Fund. Under the bill, an off-track wagering licensee would pay to the New Jersey Racing Industry Special Fund an amount estimated by the commission. The commission's estimate will be based on the most recent full year of distributions. This bill does not change the specific distributions that must be made under current law to the overnight purse account of the licensee and to programs designed to aid the Thoroughbred and Standardbred horsemen and their respective organizations.