reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-155 - One-time right of first refusal offers of employment.

5:5-155 One-time right of first refusal offers of employment.
29. a. A person employed by a permit holder in the admissions department or parimutuel clerk department of a racetrack operated by a permit holder, or employed at the racetrack by a food and beverage vendor contracting with the permit holder to provide food and beverages at the racetrack, shall be given a one-time right of first refusal offer of employment, as each off-track wagering facility opens, for the then available positions of similar employment in that off-track wagering facility, including any similar employment with the off-track wagering licensee or with any vendor contracting with the licensee to provide food and beverages at the off-track wagering facility, or as each account wagering licensee implements account wagering, for the then available positions of similar employment with any account wagering licensee.
b. In the event that an off-track wagering facility is sited and begins operations at the location or in the proximity of a former racetrack, a person who, at the time of the closing of the former racetrack, worked as an employee of the permit holder in the admissions department or parimutuel clerk department of the former racetrack operated by the permit holder, or who, at the time of the closing of the former racetrack, worked at the racetrack as an employee of a food and beverage vendor contracting with the permit holder to provide food and beverages at the former racetrack, shall be given a one-time right of first refusal offer of similar employment at the off-track wagering facility. In the event that there are not a sufficient number of employment opportunities for each of the former employees who seek a position pursuant to the provisions of this subsection, then each such former employee, for a period of four years thereafter, shall have the right of first refusal set forth in the provisions of subsection a. of this section. Employment opportunities that remain after each former employee has been given an offer of similar employment shall be made available to other persons in accordance with the provisions of subsection a. of this section.
c. An employee of the permit holder or vendor contracting with the permit holder who is given preference for employment pursuant to subsections a. and b. of this section and accepts the employment shall not suffer, at the time that the change in employment occurs, any reduction in seniority, pay, or employer contribution to pension and health benefits, and shall receive a substantially equivalent level of benefits.
L.2001,c.199,s.29.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-156 - Scheduling of race dates, minimum required.

5:5-156 Scheduling of race dates, minimum required.
30. a. The permit holder at Monmouth Park and the thoroughbred permit holder at Meadowlands Racetrack together shall schedule annually no fewer than 141 thoroughbred race dates, except that the thoroughbred permit holder may decrease the annual number of scheduled thoroughbred race dates to no fewer than 50 thoroughbred race dates upon written consent from the New Jersey Thoroughbred Horsemen's Association.
b. The standardbred permit holder at Meadowlands Racetrack shall schedule annually no fewer than 151 standardbred race dates, except that the standardbred permit holder may decrease the annual number of scheduled standardbred race dates to no fewer than 75 standardbred race dates upon written consent from the Standardbred Breeders' and Owners' Association of New Jersey.
c. The permit holders at Freehold Raceway shall schedule annually no fewer than 192 standardbred race dates, except that the permit holders may decrease the annual number of scheduled race dates to no fewer than 75 standardbred race dates upon written consent from the Standardbred Breeders' and Owners' Association of New Jersey.
d. (Deleted by amendment, P.L.2017, c.172)
L.2001, c.199, s.30; amended 2004, c.116, s.10; 2009, c.92, s.1; 2010, c.18, s.1; 2011, c.50, s.1; 2011, c.96, s.2; 2017, c.172.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-157 - Severability.

5:5-157 Severability.
32. The provisions of this act shall be deemed to be severable, and if any phrase, clause, sentence or provision of this act is declared to be unconstitutional or the applicability thereof to any person is held invalid, the remainder of this act shall not thereby be deemed to be unconstitutional or invalid.
L.2001,c.199,s.32.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-158 - Rules, regulations.

5:5-158 Rules, regulations.
33. The commission shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.
L.2001,c.199,s.33.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-159 - Annual assessment to fund certain programs for compulsive gambling.

5:5-159 Annual assessment to fund certain programs for compulsive gambling.
34. In addition to any other funds provided by law for prevention, education and treatment programs for compulsive gamblers, beginning on July 1, 2003, there shall be an annual assessment against permit holders or successors in interest to permit holders, if applicable, of a total sum of $200,000 in the aggregate which shall be paid into the General Fund for appropriation by the Legislature to the Department of Health and Senior Services for prevention and education and treatment programs for compulsive gambling that meet the criteria developed pursuant to section 2 of P.L.1993, c.229 (C.26:2-169), such as those provided by the Council on Compulsive Gambling of New Jersey. Such funds shall be used to address compulsive gambling issues related to off-track wagering facilities and account wagering. The New Jersey Racing Commission shall, by regulation, establish a formula which apportions the assessment to each permit holder or successor in interest, if applicable.
L.2001,c.199,s.34.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-160 - Supplementation, enhancement of purses at authority owned tracks.

5:5-160 Supplementation, enhancement of purses at authority owned tracks.
35. In order to retain the competitive position of the standardbred and thoroughbred racing programs at the authority owned racetracks during the period in which the off-track wagering and account wagering systems are developed, the authority, as it deems appropriate, may supplement or enhance purses at its racetracks; provided, however, that any such supplements shall be decreased as the off-track wagering and account wagering systems are developed.
L.2001,c.199,s.35.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-161 - Interstate Compact for Horse Racing Licensees.

5:5-161 Interstate Compact for Horse Racing Licensees.
1. The Interstate Compact for Horse Racing Licensees is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as herein provided.
L.2006,c.4,s.1.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-162 - Purpose of compact.

5:5-162 Purpose of compact.
2. Purpose.
The purpose of this compact is to:
a. Establish uniform requirements among the party states for the licensing of participants in live racing with parimutuel wagering, and ensure that all such participants who are licensed pursuant to this compact meet and maintain a uniform standard of honesty and integrity.
b. Facilitate the growth of the parimutuel racing industry in each party state and nationwide by simplifying the process for licensing participants in live racing, and reduce the duplicative and costly process of separate licensing by the regulatory agency in each state that conducts live racing with parimutuel wagering.
c. Authorize the New Jersey Racing Commission to participate in this compact.
d. Provide for participation in this compact by officials of the party states, and permit those officials, through the compact committee established by this compact, to enter into contracts with governmental agencies and non-governmental persons to carry out the purpose of this compact.
e. Establish the compact committee created by this compact as an interstate governmental entity duly authorized to request and receive criminal history record information from the Federal Bureau of Investigation and from state, local and foreign law enforcement agencies.
L.2006,c.4,s.2.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-163 - Definitions relative to Interstate Compact for Horse Racing Licensees.

5:5-163 Definitions relative to Interstate Compact for Horse Racing Licensees.
3. Definitions.
As used in this compact:
"Compact committee" means the organization of officials from the party states that is authorized and empowered by this compact to carry out the purpose of this compact.
"Official" means the appointed, elected, designated or otherwise duly selected member of a racing commission or the equivalent thereof in a party state who represents that party state as a member of the compact committee.
"Participants in live racing" means participants in live racing with parimutuel wagering in the party states.
"Party state" means each state that has enacted this compact.
"State" means each of the several states of the United States, the District of Columbia, the Commonwealth of Puerto Rico and each territory or possession of the United States.
L.2006,c.4,s.3.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-164 - Entry into force, eligible parties, withdrawal.

5:5-164 Entry into force, eligible parties, withdrawal.
4. Entry into force, eligible parties, withdrawal.
a. This compact shall come into force when enacted by any four states. Thereafter, this compact shall become effective as to any other state upon both: (1) that state's enactment of this compact, and (2) the affirmative vote of a majority of the officials on the compact committee as provided in subsection c. of section 5 of P.L.2006, c.4 (C.5:5-165).
b. Any state that has adopted or authorized live racing with parimutuel wagering shall be eligible to become party to this compact.
c. Any party state may withdraw from this compact by enacting a statute repealing this compact, but no such withdrawal shall become effective until the head of the executive branch of the withdrawing state has given notice in writing of such withdrawal to the head of the executive branch of all other party states. If, as a result of the withdrawals, participation in this compact decreases to fewer than three party states, this compact no longer shall be in force and effect unless and until there are at least three or more party states again participating in this compact.
L.2006,c.4,s.4.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-166 - Rights and responsibilities of party states.

5:5-166 Rights and responsibilities of party states.
6. Rights and responsibilities of party states.
a. By enacting this compact, each party state:
(1) Agrees: (a) to accept the decisions of the compact committee regarding the issuance or renewal of compact committee licenses to participants in live racing pursuant to the committee's licensure requirements, and (b) to reimburse or otherwise pay the expenses of its official representative on the compact committee or the official's alternate.
(2) Agrees not to treat a notification to an applicant by the compact committee under paragraph 3 of subsection b. of section 5 of P.L.2006, c.4 (C.5:5-165) that the compact committee will not be able to process the applicant's application further as the denial of a license or to otherwise penalize such an applicant based solely on such a decision by the compact committee.
(3) Reserves the right: (a) to charge a fee for the use of a compact committee license in that state, (b) to apply its own standards in determining whether, on the facts of a particular case, a compact committee licensee should be suspended, revoked, or determined to be ineligible to participate in racing, (c) to apply its own standards in determining licensure eligibility, under the laws of that party state, for categories of participants in live racing that the compact committee determines not to license and for individual participants in live racing who do not meet the licensure requirements of the compact committee, and (d) to establish its own licensure standards for the licensure of non-racing employees at parimutuel racetracks and employees at separate satellite wagering facilities. Any party state that issues a suspension, revocation or period of licensure ineligibility to a person possessing a compact committee license shall, through its racing commission, the equivalent thereof, or otherwise, promptly notify the compact committee of that penalty.
b. No party state shall be held liable for the debts or other financial obligations incurred by the compact committee.
L.2006,c.4,s.6.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-167 - Construction and severability.

5:5-167 Construction and severability.
7. Construction and Severability.
This compact shall be liberally construed so as to effectuate its purposes. The provisions of this compact shall be severable, and, if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of the United States or the constitution of any party state, or the applicability of this compact to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If all or some portion of this compact is held to be contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.
L.2006,c.4,s.7.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-169 - Findings, declarations relative to exchange wagers.

5:5-169 Findings, declarations relative to exchange wagers.
2. The Legislature finds and declares that:
a. The horse racing industry is economically important to this State, and the general welfare of the people of the State will be promoted by the advancement of horse racing and related projects and facilities in the State.
b. It is the intent of the Legislature, by authorizing exchange wagering in this State, to promote the economic future of the horse racing industry in this State, to foster the potential for increased commerce, employment and recreational opportunities in this State and to preserve the State's open spaces.
c. It is the further intent of the Legislature that exchange wagers may be taken in person, by direct telephone call, or by communication through other electronic media from residents of this State on horse races conducted within and outside of this State and may be matched and pooled on an exchange.
d. The Legislature has determined that the New Jersey Racing Commission is best suited to oversee, license and regulate exchange wagering in the State.
L.2011, c.15, s.2.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-171 - Exchange wagering permitted; conditions.

5:5-171 Exchange wagering permitted; conditions.
4. Notwithstanding any law, rule, or regulation to the contrary, exchange wagering by residents of this State on the results of horse races conducted in this State or jurisdictions outside of this State shall be lawful provided that:
a. exchange wagering shall only be conducted by the exchange wagering licensee pursuant to a valid exchange wagering license issued by the commission as provided for in this act;
b. exchange wagering shall be conducted pursuant to and in compliance with the provisions of the Interstate Horse Racing Act of 1978, 15 U.S.C. ss.3001 - 3007, as amended, this act, and rules and regulations promulgated by the commission pursuant to this act;
c. the commission has approved a contract or agreement, if any, with a person or entity to conduct or operate the exchange and to act as the agent for the authority in all exchange wagering matters approved by the commission, pursuant to section 5 of this act, P.L.2011, c.15 (C.5:5-172), including but not limited to the portion of exchange revenues payable to such person or entity conducting or operating the exchange;
d. exchange wagers are submitted to and accepted by the exchange wagering licensee in person, by direct telephone call, or by communication through other electronic media; and
e. exchange wagers are placed through the exchange wagering system authorized in accordance with the provisions of this act, P.L.2011, c.15 (C.5:5-168 et al.), and in accordance with commission rules, regulations, and conditions established therefor.
L.2011, c.15, s.4.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-172 - Issuance of license authorized.

5:5-172 Issuance of license authorized.
5. The commission is hereby authorized to issue a license to the authority to establish an exchange in accordance with the provisions of this act, P.L.2011, c.15 (C.5:5-168 et al.). The licensing process shall include the filing by the authority of an exchange wagering license application developed by the commission.
At the time of filing an application for licensure under this section, the authority shall submit to the commission a nonrefundable filing fee in an amount established by regulation by the commission, and a certification in a form prescribed by the commission which specifies, but is not limited to, information about the operation of the exchange and the authority's participation therein.
Within 14 days of receipt of a completed application, certification and applicable fees, the commission's executive director shall determine whether the same is in due form and meets the requirements of law in all respects. No later than 60 days following the receipt of the application, the commission shall make a final determination on the application. The commission shall approve the application if it determines that the authority has demonstrated by clear and convincing evidence that wagers placed through the proposed exchange wagering system will be accurately processed and that there will be sufficient safeguards to maintain the integrity of the horse racing industry in this State.
The commission's determination shall be submitted to the Attorney General for review and approval. The determination of the commission shall be deemed approved by the Attorney General if affirmatively approved or not disapproved by the Attorney General within 14 days of the date of submission. The decision of the Attorney General shall be deemed a final decision. Upon approval by the Attorney General, the commission shall issue to the authority a license to establish the exchange. The exchange wagering license shall be valid for a term of one year, and shall be subject to renewal annually, unless a different timeframe is otherwise prescribed by regulation of the commission.
With the approval of the commission, the authority may enter into a contract or agreement with a person or entity to conduct or operate the exchange and to act as the agent of the authority in all exchange wagering matters approved by the commission. The exchange wagering license may not be transferred or assigned to a successor in interest without the approval of the commission and the Attorney General, which approval may not be unreasonably withheld.
L.2011, c.15, s.5.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-173 - Powers of commission.

5:5-173 Powers of commission.
6. a. The commission shall have full power to prescribe rules, regulations, and conditions under which exchange wagering may be conducted in this State, consistent with this act, P.L.2011, c.15 (C.5:5-168 et al.), including the manner in which exchange wagers may be accepted, the requirements for any person to participate in exchange wagering, and the reasonable approval of any and all agreements made pursuant to subsections b. and c. of section 4 of this act, P.L.2011, c.15 (C.5:5-171).
b. The commission shall have full power to prescribe rules, regulations and conditions under which the exchange wagering license is issued or renewed in this State, including requiring an annual audit of the exchange wagering licensee's books and records pertaining to exchange wagering, and to revoke, suspend or refuse to renew the license if in the opinion of the commission the revocation of, suspension of or refusal to renew such license is in the public interest; provided, however, that such rules, regulations and conditions shall be uniform in their application.
c. The commission shall have no right or power to determine who shall be officers, directors or employees of any exchange wagering licensee, or the salaries thereof; provided, however, that the commission may compel the discharge of any official or employee of the exchange wagering licensee or the exchange who: (1) fails or refuses for any reason to comply with the rules or regulations of the commission; (2) fails or refuses for any reason to comply with any of the provisions of this act; (3) fails to establish by clear and convincing evidence in the opinion of the commission good character, honesty, competency and integrity; or (4) has been convicted of a crime involving fraud, dishonesty or moral turpitude.
L.2011, c.15, s.6.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-176 - Acceptance of exchange wagers, conditions.

5:5-176 Acceptance of exchange wagers, conditions.
9. The exchange wagering licensee may accept exchange wagers from residents of this State only in accordance with this act, federal law, and as follows:
a. A wager to back or lay a particular outcome in a given market, specifying the price of the wager, shall be placed directly with the exchange wagering licensee by the holder of the exchange wagering account.
b. The exchange wagering account holder placing the wager shall provide the exchange wagering licensee with the correct personal identification number of the holder of the exchange wagering account.
c. An exchange wagering licensee may not accept an exchange wager, or series of exchange wagers, where the results of which would create a liability for the exchange wagering account holder in excess of funds on deposit in the exchange wagering account of that holder.
d. Only the holder of an exchange wagering account shall place a 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 an exchange wagering account; provided, however, that the use of credit or debit cards specifically approved by the exchange wagering licensee or the use of checks, money orders or negotiable orders of withdrawal or the use of telephonic, computer or electronic means by the exchange wagering account holder to place such wagers shall not be prohibited.
e. The exchange wagering account holder may place a wager in person, by direct telephone call or by communication through other electronic media.
L.2011, c.15, s.9.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-177 - Posting of exchange wagers in interstate exchange pool.

5:5-177 Posting of exchange wagers in interstate exchange pool.
10. Subject to federal law and notwithstanding any law, rule, or regulation of this State to the contrary, the exchange wagering licensee shall be permitted to post exchange wagers submitted by residents of this State in an interstate exchange pool in order to form identically opposing wagers, and to treat any resulting matched wagers as part of one or more common pools with any other matched wagers in the interstate exchange pool.
L.2011, c.15, s.10.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-178 - Permitted actions of exchange wagering licensee.

5:5-178 Permitted actions of exchange wagering licensee.
11. Notwithstanding any other law, rule or regulation to the contrary, the exchange wagering licensee shall not be required to include any pools of exchange wagers in the wagering pools at the track conducting the races, nor shall the exchange wagering licensee be required to retain, withhold, or take out any amounts from any exchange wagers.
L.2011, c.15, s.11.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-179 - Collection of exchange revenue.

5:5-179 Collection of exchange revenue.
12. Subject to the approval of the commission, the exchange wagering licensee shall be permitted to collect exchange revenues in the manner and amounts determined by the exchange wagering licensee, including but not limited to assessing a surcharge on any person's net winnings.
L.2011, c.15, s.12.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-180 - Requirements of exchange wagering licensees.

5:5-180 Requirements of exchange wagering licensees.
13. Notwithstanding any other law, rule or regulation to the contrary, the commission shall require each exchange wagering licensee to:
a. pay such portions of the exchange wagering licensee's exchange revenues as may be required pursuant to subsections b. and c. of section 4 of this act, P.L.2011, c.15 (C.5:5-171);
b. pay to overnight purses in this State 50% of exchange revenues retained by the exchange wagering licensee after the payments required pursuant to subsection a. of this section are made, and after deducting all reasonable and necessary expenses incurred by the licensee in administering, marketing and operating the exchange wagering system; and
c. reach a business agreement with all permit holders within this State, within one year from the date when the exchange wagering system becomes operational, for the distribution of the net exchange wagering revenues remaining after the payments are made pursuant to subsections a. and b. of this section and after the payment of operating expenses, pursuant to approval by the commission; provided that, if an agreement is not reached within that time frame, the commission shall distribute the exchange wagering revenues among the exchange wagering licensees and the permit holders in this State as it deems appropriate.
L.2011, c.15, s.13.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-181 - Payment of moneys derived from exchange wagering.

5:5-181 Payment of moneys derived from exchange wagering.
14. Of the monies distributed to overnight purses pursuant to subsection b. of section 13 of this act, P.L.2011, c.15 (C.5:5-180), all moneys derived from exchange wagering on thoroughbred races shall be paid to overnight purses for thoroughbred races and all monies derived from exchange wagering on standardbred races shall be paid to overnight purses for standardbred races. On or after January 1, 2014, the formula for allocating overnight purse monies from exchange wagering to overnight purses set forth in this section may be modified by the mutual agreement of the Standardbred Breeders and Owners Association of New Jersey and the New Jersey Thoroughbred Horsemen's Association. Nothing contained in this section shall be construed as a precedent for establishing the division of overnight purse amounts between standardbred races and thoroughbred races.
Notwithstanding the foregoing, the sum derived from exchange wagering on standardbred races pursuant to subsection b. of section 13 of P.L.2011, c.15 (C.5:5-180) may be distributed as provided by a contractual agreement authorized under section 11 of P.L.2013, c.266 (C.5:5-188). Notwithstanding the foregoing, the sum derived from exchange wagering on thoroughbred races pursuant to subsection b. of section 13 of P.L.2011, c.15 (C.5:5-180) may be distributed as provided by a contractual agreement authorized under section 12 of P.L.2013, c.266 (C.5:5-189).
L.2011, c.15, s.14; amended 2013, c.266, s.7.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-182 - Distribution of remaining amounts.

5:5-182 Distribution of remaining amounts.
15. All amounts remaining in exchange wagering accounts inactive or dormant for such period and under such conditions as established by regulation shall be distributed in accordance with the commission's rules and regulations.
L.2011, c.15, s.15.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-183 - License, registration required.

5:5-183 License, registration required.
16. All persons engaged in conducting wagering-related activities through the exchange, whether employed directly by the exchange wagering licensee or by a person or entity conducting or operating the exchange pursuant to a contract or agreement with the exchange wagering licensee, shall be licensed or registered in accordance with such regulations as may be promulgated by the commission hereunder. All other employees of the exchange shall be licensed or registered in accordance with regulations of the commission. The commission shall have full power to prescribe rules, regulations and conditions under which all such licenses are issued, or registrations made, in this State and to revoke or refuse to issue a license, or revoke or refuse to accept a registration, if in the opinion of the commission the revocation or refusal is in the public interest, provided, however, that such rules, regulations and conditions shall be uniform in their application, and further provided that no fee shall be in excess of $50 for each license so granted or registration accepted.
L.2011, c.15, s.16.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-184 - Severability.

5:5-184 Severability.
17. The provisions of this act shall be deemed to be severable, and if any phrase, clause, sentence or provision of this act is declared to be unconstitutional or the applicability thereof to any person is held invalid, the remainder of this act shall not thereby be deemed to be unconstitutional or invalid.
L.2011, c.15, s.17.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-185 - Rules, regulations.

5:5-185 Rules, regulations.
18. The commission shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act, P.L.2011, c.15 (C.5:5-168 et al.).
L.2011, c.15, s.18.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-187 - Use of mobile gaming devices at racetracks.

5:5-187 Use of mobile gaming devices at racetracks.
1. a. The New Jersey Racing Commission may authorize the use of mobile gaming devices by patrons at in-State racetracks for the placement of wagers on in-State and out-of-State races being transmitted to the racetrack through an approved simulcasting signal, and live races taking place at that racetrack. As used in this section, "mobile gaming devices" means communications technology that allows a patron to transmit information to a computer to place a horse racing wager and to receive and display information concerning wagers, outcomes, and other information necessary or required to be provided to the patron in connection with wagering. The commission shall promulgate the rules and regulations necessary to implement the use of mobile gaming devices at approved racetracks in this State, which shall include, but may not be limited to, ensuring that:
(1) the patron is of lawful age and has established a mobile gaming account in person with the permit holder at the permit holder's racetrack where mobile gaming wagers will be placed;
(2) the wager is placed by and the winnings paid to the patron in person within the approved racetrack facility;
(3) the amounts wagered are distributed in accordance with applicable laws, rules and regulations;
(4) the mobile gaming device is inoperable outside the approved racetrack;
(5) the commission has authorized the device for mobile gaming; and
(6) mobile wagering is conducted in compliance with other applicable laws, rules, and regulations governing the conduct of horse racing and wagering in this State.
b. For the purposes of this section, mobile gaming devices shall be permitted to operate within the property boundaries of an approved racetrack facility, including any restaurant, simulcasting room, and outdoor area, but excluding parking garages or parking areas of the racetrack facility, provided that the commission shall ascertain and ensure, pursuant to rules and regulations issued by it to implement mobile gaming under this section, that mobile gaming shall not extend outside of the property boundaries of the racetrack facility.
L.2013, c.12, s.1.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-188 - Contractual agreements with the Standardbred Breeders' and Owners' Association of New Jersey.

5:5-188 Contractual agreements with the Standardbred Breeders' and Owners' Association of New Jersey.
11. A harness racing permitholder may enter into a contractual agreement with the Standardbred Breeders' and Owners' Association of New Jersey providing that a portion of the purse monies that are statutorily dedicated to the permitholder or the association will be expended for a use that the New Jersey Racing Commission approves as directly advancing, preserving, and enhancing the overall economic well-being of the standardbred horse racing and breeding industry in New Jersey. The portion of purse monies that are redistributed pursuant to a contractual agreement under this section shall be used to advance, preserve, and enhance the overall economic well-being of the standardbred horse racing and breeding industry in New Jersey. A contractual agreement authorized pursuant to this section shall not redistribute any money that is statutorily dedicated for programs designed to aid the horsemen and the Standardbred Breeders' and Owners' Association of New Jersey or for the administration of a health benefits program for the horsemen.
The permitholder and the association shall include any expenditures resulting from a contractual agreement authorized pursuant to this section in their respective annual budgets and audited financial statements, which shall be submitted to the New Jersey Racing Commission as provided for by law or regulation.
The permitholder and the association shall provide a copy of any contractual agreement authorized pursuant to this section to the New Jersey Racing Commission upon its execution and obtain the New Jersey Racing Commission's approval of the agreement prior to any redistribution of any portion of these purse monies.
L.2013, c.266, s.11.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-189 - Contractual agreements with the New Jersey Thoroughbred Horsemen's Association.

5:5-189 Contractual agreements with the New Jersey Thoroughbred Horsemen's Association.
12. A permitholder conducting thoroughbred racing may enter into a contractual agreement with the New Jersey Thoroughbred Horsemen's Association providing that a portion of the purse monies that are statutorily dedicated to the permitholder or the association will be expended for a use that the New Jersey Racing Commission approves as directly advancing, preserving, and enhancing the overall economic well-being of the thoroughbred horse racing industry in New Jersey. The portion of purse monies that are redistributed pursuant to a contractual agreement under this section shall be used to advance, preserve, and enhance the overall economic well-being of the thoroughbred horse racing industry in New Jersey. A contractual agreement authorized pursuant to this section shall not redistribute any money that is statutorily dedicated for programs designed to aid the horsemen and the New Jersey Thoroughbred Horsemen's Association or for the administration of a health benefits program for the horsemen.
The permitholder and the association shall include any expenditures resulting from a contractual agreement authorized pursuant to this section in their respective annual budgets and audited financial statements, which shall be submitted to the New Jersey Racing Commission as provided for by law or regulation.
The permitholder and the association shall provide a copy of any contractual agreement authorized pursuant to this section to the New Jersey Racing Commission upon its execution and obtain the New Jersey Racing Commission's approval of the agreement prior to any redistribution of any portion of these purse monies.
L.2013, c.266, s.12.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-191 - Findings, declarations.

5:5-191 Findings, declarations.
2. The Legislature finds and declares that:
a. The horse racing industry is economically important to this State, and the general welfare of the people of the State will be promoted by the advancement of horse racing and related projects and facilities in the State.
b. It is the intent of the Legislature, by authorizing fixed odds wagering, to promote the economic future of the horse racing industry in this State, to foster the potential for increased commerce, employment, and recreational opportunities in this State and to preserve the State's open spaces.
c. It is the further intent of the Legislature that fixed odds wagers may be taken in person, by direct telephone call, or by communication through other electronic media from residents of this State on horse races conducted within and outside of this State.
d. It is the further intent of the Legislature to permit persons located in New Jersey who are not residents or account holders to wager on fixed odds at racetracks in person or by electronic means.
e. The Legislature has determined that the Division of Gaming Enforcement, in consultation with the New Jersey Racing Commission, is best suited to oversee, license, and regulate fixed odds wagering in the State.
L.2021, c.193, s.2.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-192 - Definitions.

5:5-192 Definitions.
3. As used in this act:
"Advance deposit wagering" means a form of horse racing wagering in which account holders must fund their account before being permitted to place bets and refers to a fixed odds wagering licensee.
"Authority" means the New Jersey Sports and Exposition Authority created by section 4 of P.L.1971, c.137 (C.5:10-4).
"Division" means the New Jersey Division of Gaming Enforcement in the New Jersey Department of Law and Public Safety created by section 55 of P.L.1977, c.110 (C.5:12-55).
"Fixed odds wagering" means a form of horse racing wagering against odds offered by a bookmaker in which account holders may lock in their odds when the bet is first placed and no fluctuation in potential payout may occur.
"Fixed odds wagering account" means the account established with the fixed odds wagering licensee by a person participating in fixed odds wagering.
"Fixed odds wagering licensee" means the authority, provided that the division has granted its approval for the authority or a racetrack permit holder to establish fixed odds wagering as provided for in this act, P.L.2021, c.193.
"Fixed odds wagering system" means a system through which fixed odds wagers are processed.
"Internet sports pool operator" means an entity that is licensed as a casino service industry enterprise pursuant to section 92 of P.L.1977, c.110 (C.5:12-92) and that holds a permit issued by the division to operate an online sports pool.
"Operating board" means the board established to negotiate, manage, and oversee any agreements made for the purposes of operating an account wagering system, off-track wagering facility, exchange wagering system, or fixed odds wagering system.
"Participation agreement" means the written contract entered into pursuant to this act, P.L.2021, c.193, that shall set forth the manner in which the fixed odds 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, including standardbred and thoroughbred permit holders in this State.
"Permit holder" means the holder of an annual permit to conduct a horse race meeting issued by the commission.
L.2021, c.193, s.3.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-193 - Certain fixed odds wagering lawful.

5:5-193 Certain fixed odds wagering lawful.
4. Notwithstanding any law, rule, or regulation to the contrary, fixed odds wagering by residents of this State on the results of horse races conducted in this State or jurisdictions outside of this State shall be lawful provided that:
a. fixed odds wagering shall only be conducted by the fixed odds wagering licensee pursuant to a valid fixed odds wagering license issued by the division as provided for in this act;
b. fixed odds wagering shall be conducted pursuant to and in compliance with the provisions of the Interstate Horse Racing Act of 1978, 15 U.S.C. ss.3001 - 3007, as amended, this act, any related intrastate contracts, and rules and regulations promulgated by the division pursuant to this act;
c. in addition to the provisions of the Interstate Horse Racing Act of 1978, 15 U.S.C. ss.3001 - 3007, fixed odds wagering conducted on in-State races shall require a written agreement with the Standardbred Breeders and Owners Association of New Jersey and the New Jersey Thoroughbred Horsemen's Association for such wagering on the associations' respective breeds;
d. the division has approved a contract or agreement, if any, with a person or entity to conduct or operate fixed odds wagering and to act as the agent for the authority or racetrack permit holder in all fixed odds wagering matters approved by the division, pursuant to section 5 of this act, P.L.2021, c.193 (C.5:5-194), including but not limited to the portion of fixed odds revenues payable to such person or entity conducting or operating fixed odds wagering;
e. fixed odds wagers are submitted to and accepted by the fixed odds wagering licensee in person, by direct telephone call, or by communication through other electronic media, as appropriate; and
f. fixed odds wagers are placed through the fixed odds wagering system authorized in accordance with the provisions of this act, P.L.2021, c.192 (C.5:5-190 et al.), and in accordance with division rules, regulations, and conditions established therefor.
L.2021, c.193, s.4.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-195 - Transfer to individual racetrack permit holder.

5:5-195 Transfer to individual racetrack permit holder.
6. The authority may transfer the operation and control of a fixed odds wagering operation to an individual racetrack permit holder if both the authority and racetrack permit holder mutually agree to such transfer. The division and the Attorney General shall approve the transfer following the written agreement of the authority and racetrack permit holder. The division and the Attorney General shall review the agreement and determine if the racetrack permit holder has the appropriate apparatus to operate as a licensee of a fixed odds wagering system. If the transfer is not approved by the division and the Attorney General, the authority shall remain the fixed odds wagering licensee. Any agreement between the authority and a racetrack permit holder that does not receive approval from the division and Attorney General for a transfer may not be re-submitted for review until one year following the prior determination by the division and the Attorney General.
L.2021, c.193, s.6.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-196 - Rules, regulations, conditions.

5:5-196 Rules, regulations, conditions.
7. a. The division, in consultation with the New Jersey Racing Commission, shall have full power to prescribe rules, regulations, and conditions under which fixed odds wagering may be conducted in this State, consistent with this act, including the manner in which fixed odds wagers may be accepted, the requirements for any person to participate in fixed odds wagering, and the reasonable approval of any and all agreements made pursuant to subsection c. of section 4 of this act, P.L.2021, c.193 (C.5:5-193).
b. The division shall have full power to prescribe rules, regulations, and conditions under which the fixed odds wagering license is issued or renewed in this State, including requiring an annual audit of a fixed odds wagering licensee's books and records pertaining to fixed odds wagering, requiring all hub facilities, servers, and technicians related to a fixed odds wagering operation by a licensee in this State be located in this State, and to revoke, suspend, or refuse to renew the license if in the opinion of the division the revocation of, suspension of, or refusal to renew such license is in the public interest; provided, however, that such rules, regulations, and conditions shall be uniform in their application.
c. The division shall have no right or power to determine who shall be officers, directors, or employees of any fixed odds wagering licensee, or the salaries thereof; provided, however, that the division may compel the discharge of any official or employee of the fixed odds wagering licensee or the fixed odds wagering system who: (1) fails or refuses for any reason to comply with the rules or regulations of the division; (2) fails or refuses for any reason to comply with any of the provisions of this act; (3) fails to establish by clear and convincing evidence in the opinion of the division good character, honesty, competency, and integrity; or (4) has been convicted of a crime involving fraud, dishonesty, or moral turpitude.
d. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), within 90 days of the effective date of P.L.2021, c.193, the director of the division shall adopt, immediately upon filing proper notice with the Office of Administrative Law, such temporary rules and regulations necessary to effectuate the purposes of this act. The rules and regulations so adopted shall be effective for a period not to exceed 18 months from the date of the filing. The rules and regulations shall thereafter be amended, adopted, or readopted by the director in accordance with the requirements of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
L.2021, c.193, s.7.