New Jersey-2012-A334-Introduced

An Act establishing slot machine gambling at horse racetracks, subject to voter approval, and supplementing P.L.1940, c.17 (C.5:5-22 et seq.).

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

1. a. The Legislature finds and declares that:

(1) The operation of slot machines at horse racetracks is mutually beneficial to both the casino industry and the horse racing industry;

(2) For the casino industry, racetrack slot machines provide an opportunity for industry operators to expand beyond the boundaries of Atlantic City and reach patrons who may not otherwise consider travelling to that city to engage in gambling activities;

(3) For the horse racing industry, the slot machines increase attendance, drawing patrons who may not otherwise consider travelling to racetracks at which horse racing is the sole activity on which to wager;

(4) The result for both the casino industry and the horse racing industry is an increase in revenues generated by the operation of the racetrack slot machines; and

(5) Additionally, the State benefits from this mutually beneficial casino industry-horse racing industry relationship, due to the increased tax revenue generated directly and indirectly by new racetrack slot machine operations.

b. The Division of Gaming Enforcement in the Department of Law and Public Safety shall, in accordance with its authority provided under section 70 of P.L.1977, c.110 (C.5:12-70) and in consultation with the New Jersey Racing Commission, promulgate regulations to establish and oversee the operation of slot machines at any racetrack granted a permit by the commission to hold or conduct horse racing pursuant to P.L.1940, c.17 (C.5:5-22 et seq.). These regulations shall include, but not be limited to:

(1) the method and form of application and registration for the operation of the slot machines;

(2) the manner and method of the collection of revenues generated from the operation of the slot machines for distribution to horse industry associations and licensees under the "Casino Control Act," P.L.1977, c.110 (C.5:12-1 et seq.), which shall be equitably distributed in accordance with a developed formula that is consistent with preserving or enhancing the mutually beneficial relationship between both in connection with the slot machine operations;

(3) the manner and method of the collection and distribution of tax revenues generated from the operation of the slot machines between the division and the commission; and

(4) the implementation of procedures to ensure the integrity of the slot machine operations.

c. In order to help effectuate the provisions of this section, the New Jersey Racing Commission shall:

(1) consult with the Division of Gaming Enforcement regarding the promulgation of the division's regulations pursuant to subsection b. of this section; and

(2) fully cooperate with the division regarding any investigation and prosecution undertaken by the division, pursuant to its authority under section 76 of P.L.1977, c.110 (C.5:12-76), as part of the division's oversight of the operation of slot machines at any racetrack.

As used in this section, "slot machine" has the same meaning given that term in section 45 of P.L.1977, c.110 (C.5:12-45).

2. For the purpose of complying with Article IV, Section VII, paragraph 2 of the State Constitution, this act shall be submitted to the people for their approval or rejection at the next general election to be held 70 or more days following the date of its enactment.

3. This voter referendum shall be submitted to the people in the following manner and form:

There shall be printed on each official ballot to be used at the general election, the following:

a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

b. In every municipality the following question:

		ESTABLISHING SLOT MACHINE GAMBLING AT HORSE RACETRACKS
	YES	Do you approve and allow to become operative P.L. , c. (C. ) (pending before the Legislature as this bill), directing the State's Division of Gaming Enforcement to establish and oversee slot machine gambling at New Jersey horse racetracks?
		INTERPRETIVE STATEMENT
	NO	Voter approval of P.L. , c. (C. ) (pending before the Legislature as this bill) would result in new gambling regulations, to be developed by the State's Division of Gaming Enforcement in consultation with the New Jersey Racing Commission, to allow slot machine gambling at New Jersey horse racetracks. Revenues generated from the slot machine operations would be equitably distributed between horse industry associations and casino industry operatives, as detailed in the regulations. New regulations would also divide the tax revenues generated between the division and commission. Under current law, slot machine gambling is only permitted in Atlantic City.

4. Sections 2 and 3 of this act shall take effect immediately, and the remainder of this act shall take effect on the first day of the fifth month next following voter approval of this act at the general election, except that, the Division of Gaming Enforcement, in consultation with the New Jersey Racing Commission, shall take any anticipatory administrative action in advance of the effective date following voter approval as necessary to implement the provisions of this act.

STATEMENT

This bill directs the Division of Gaming Enforcement to establish and oversee slot machine gambling operations at horse racetracks. The necessary regulations to effectuate the provisions of the bill would be promulgated by the division in consultation with the New Jersey Racing Commission. Among the regulations to be promulgated are:

(1) the method and form of application and registration for the operation of the slot machines;

(2) the manner and method of the collection of revenues generated from the operation of the slot machines for distribution to horse industry associations and licensees under the "Casino Control Act," P.L.1977, c.110 (C.5:12-1 et seq.), to be equitably distributed in accordance with a developed formula that is consistent with preserving or enhancing the mutually beneficial relationship between both in connection with the slot machine operations;

(3) the manner and method of the collection and distribution of tax revenues generated from the operation of the slot machines between the division and the commission; and

(4) the implementation of procedures to ensure the integrity of the slot machine operations.

The bill would take effect only if approved by the voters in a Statewide referendum. That referendum would be held at the next available general election, being 70 or more days following the date of the bill's enactment.