Bill Text: NJ A3455 | 2016-2017 | Regular Session | Introduced
Bill Title: Allows certain State Lottery functions to be conducted for seven days during state of emergency due to failure to enact general appropriation law.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-03-07 - Introduced, Referred to Assembly Tourism, Gaming and the Arts Committee [A3455 Detail]
Download: New_Jersey-2016-A3455-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Allows certain State Lottery functions to be conducted for seven days during state of emergency due to failure to enact general appropriation law.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the continued operation of certain State Lottery functions during a state of emergency due to the failure to enact a general appropriation law and supplementing P.L.1970, c.13 (C.5:9-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, in the event that a state of emergency is declared due to the failure to enact a general appropriation law by the deadline prescribed by Article VIII, Section II, paragraph 2 of the New Jersey Constitution, that prevents employees of the New Jersey Division of the State Lottery in the Department of the Treasury from performing their normal duties, a private entity contracted by the State of New Jersey to operate the State Lottery may continue to perform all appropriate operating functions of the lottery for a period not to exceed seven calendar days, notwithstanding that employees of the division are unable to perform the functions usually required for the conduct of the lottery, provided that the private entity complies with subsection b. of this section, and that it shall continue to comply with all relevant provisions of the New Jersey Constitution and all relevant State statutes and regulations, and shall maintain detailed records of that compliance.
If, during any period that State Lottery functions continue to be performed pursuant to the provisions of this section, the Governor determines that the private entity, or any employee thereof, may be engaged in what the Governor believes to be a violation of any State statute or regulation governing the operation of those State Lottery functions in this State, that would ordinarily subject the private entity or employee to a possible suspension or revocation of its authority to perform those functions, the Governor shall have the authority to summarily suspend the private entity or employee from performing those functions until such time as the state of emergency ceases and the Division of the State Lottery is able to address the matter.
Any violation of a statute or regulation that would ordinarily subject the private entity or employee to a fine, but which occurs during a state of emergency pursuant to this section, which is not reported by the private entity or employee in accordance with State Lottery Commission rules and regulations pursuant to subsection b. of this section, shall be punishable by a fine of no less than five times and up to ten times the amount of the usual fine, depending on the nature and seriousness of the violation. When the state of emergency ceases, the Division of the State Lottery shall be responsible for any costs associated with implementing the provisions of this section, including any costs accrued and associated with re-implementing State Lottery functions and duties.
b. Notwithstanding any law, rule, or regulation to the contrary, the State Lottery Commission may develop, through rules and regulations, the necessary standards, criteria, safeguards, and procedures that a private entity under contract to operate the State Lottery shall meet prior to, and as a condition of, being eligible to continue to conduct State Lottery functions in this State in the event that a state of emergency is declared, as provided in subsection a. of this section, and Division of the State Lottery employees are not able to perform their usual functions. Notwithstanding any provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the State Lottery Commission may adopt immediately upon filing with the Office of Administrative Law such rules and regulations as the commission deems necessary to implement the provisions of this section, which shall be effective for a period not to exceed 270 days following enactment of P.L. , c. (pending before the legislature as this bill), and may thereafter be amended, adopted, or readopted by the State Lottery Commission in accordance with the requirements of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
2. This act shall take effect immediately.
STATEMENT
This bill allows a private entity contracted by the State to operate the State Lottery to continue to perform all appropriate operating functions of the lottery for a period not to exceed seven calendar days if a state of emergency is declared due to the State's failure to enact a general appropriation law by the constitutional deadline. A state of emergency prevents non-essential State employees, including New Jersey Division of the State Lottery employees, from performing their functions. Under this bill, the State Lottery Commission is permitted to adopt the necessary standards, criteria, safeguards, and procedures that the private entity must meet in order to continue to conduct State Lottery functions during a state of emergency. In addition, the bill empowers the Governor to remove the authority of the private entity or an employee to conduct State Lottery functions in the event of violations to the rules and regulations. This bill would adopt for the State Lottery similar provisions currently allowed for casinos and racetracks to continue operations during a state of emergency for a seven-day period.
