Bill Text: NJ AR43 | 2010-2011 | Regular Session | Introduced

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Bill Title: Authorizes Speaker of the General Assembly to take legal action concerning certain federal legislation prohibiting sports betting.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-01-25 - Introduced, Referred to Assembly Regulatory Oversight and Gaming Committee [AR43 Detail]

Download: New_Jersey-2010-AR43-Introduced.html

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[Corrected Copy]

 

ASSEMBLY RESOLUTION No. 43

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JANUARY 25, 2010

 

 

Sponsored by:

Assemblyman  JOHN J. BURZICHELLI

District 3 (Salem, Cumberland and Gloucester)

Assemblyman  VINCENT PRIETO

District 32 (Bergen and Hudson)

 

 

 

 

SYNOPSIS

     Authorizes Speaker of the General Assembly to take legal action concerning certain federal legislation prohibiting sports betting.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Assembly Resolution authorizing the Speaker of the General Assembly to take legal action concerning federal legislation that prohibits the legalizing of sports betting in the State of New Jersey.

 

Whereas, In 1992, Congress enacted the federal "Professional and Amateur Sports Protection Act," codified at 28 U.S.C. s.3701 et seq., establishing a general prohibition on sports betting in the United States and prohibiting states and local governments from authorizing sports betting; and

Whereas, Section 3702 of the "Professional and Amateur Sports Protection Act" specifically provides that it is unlawful for "a governmental entity to sponsor, operate, advertise, promote, license, or authorize by law or compact...a lottery, sweepstakes, or other betting, gambling, or wagering scheme based, directly or indirectly...on one or more competitive games in which amateur or professional athletes participate, or are intended to participate, or on one or more performances of such athletes in such games;" and

Whereas, The State of New Jersey would benefit significantly from lifting the federal ban and legalizing sports betting in this State, as increased revenues would be generated and numerous jobs would be created for New Jersey residents as a result of sports betting activities at Atlantic City casinos and at New Jersey's race tracks, further enhancing tourism and economic growth; and

Whereas, Currently there is a suit in United States District Court, District of New Jersey, seeking declaratory relief and adjudicating the "Professional and Amateur Sports Protection Act" void; and

Whereas, The General Assembly of the State of New Jersey recognizes the significance to the State of New Jersey of legalizing sports betting and desires to overturn the federal ban on sports betting that discriminates against New Jersey residents by allowing sports betting only in the states of Nevada, Delaware, Oregon, and Montana and that violates the 10^th and 14^th Amendments to the United States Constitution; now, therefore,

 

     Be It Resolved by the General Assembly of the State of New Jersey:

 

     1.  The Speaker of the General Assembly is authorized to take such legal action on behalf of the General Assembly as the Assembly Speaker shall deem appropriate and necessary to challenge enforcement of the federal "Professional and Amateur Sports Protection Act," which establishes a selective prohibition on sports betting in the United States.

STATEMENT

 

     This Assembly Resolution would authorize the Speaker of the General Assembly to take such legal action on behalf of the General Assembly as the Assembly Speaker shall deem appropriate and necessary to challenge enforcement of the federal "Professional and Amateur Sports Protection Act," which establishes a selective prohibition on sports betting in the United States.