STATE OF NEW JERSEY

209th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2000 SESSION

Sponsored by:

Senator RICHARD J. CODEY

District 27 (Essex)

Senator ROBERT W. SINGER

District 30 (Burlington, Monmouth and Ocean)

Co-Sponsored by:

Senators Palaia and Kyrillos

SYNOPSIS

Establishes off-track wagering facilities and account wagering system for parimutuel betting on horse races.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act concerning parimutuel betting on horse races conducted at off-track wagering facilities and through an account wagering system, supplementing chapter 5 of Title 5 of the Revised Statutes and amending R.S.33:1-42, P.L.1971, c.137, P.L.1977, c.110 and P.L.1993, c.229.

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

1. (New Section) This act shall be known and may be cited as the "Off-Track and Account Wagering Act."

2. (New Section) 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 off-track wagering and account 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 facilities offering off-track wagering opportunities to the public also offer other amenities such as quality dining and handicapping facilities.

d. The Legislature has determined that the New Jersey Racing Commission is best suited to oversee, license and regulate off-track wagering and account wagering in the State, and that the New Jersey Sports and Exposition Authority, by virtue of its operation of parimutuel wagering facilities and other entertainment-related projects in this State, is particularly well-suited to coordinate with other parties to promote the uniformity and success of off-track wagering throughout the State and to ensure the fiscal soundness and technical reliability of an account wagering system, pursuant to the terms of this act.

3. (New Section) As used in this act:

"Account holder" means a resident or non-resident of this State over age 18 who establishes an account pursuant to this act through which account wagers are placed.

"Account wagering" means a form of parimutuel wagering in which an account holder may deposit money in an account with the account wagering licensee and then use the account balance to pay for parimutuel wagers by the account holder. The account holder may place an account wager in person, by direct telephone call or by communication through other electronic media.

"Account wagering licensee" means a person, partnership, association, corporation or authority approved by the commission to participate in the account wagering system as provided for in this act.

"Account wagering system" means the system through which account wagers are processed by the account wagering licensee pursuant to this act.

"Authority" means the New Jersey Sports and Exposition Authority created by section 4 of P.L.1971, c. 137 (C.5:10-4).

"Backstretch Benevolency" means the Backstretch Benevolency Programs Fund established pursuant to section 1 of P.L.1993, c.15 (C.5:5-44.8).

"Breeders and Stallions" means the distribution from the special trust account created pursuant to section 46 a. (2) of P.L.1940, c.17 (C.5:5-66) for the purposes of subparagraph (c) of that citation.

"Breeding and Development" means the New Jersey Horse Breeding and Development Account established pursuant to section 5 of P.L.1967, c. 40 (C.5:5-88).

"Commission" means the New Jersey Racing Commission created by section 1 of P.L.1940, c. 17 (C.5:5-22).

"Executive Director" means the Executive Director of the New Jersey Racing Commission.

"Health and Welfare" means moneys distributed to the Standardbred Breeder's and Owner's Association for the administration of a health benefits program pursuant to section 46 a. (5) of P.L.1940, c.17 (C.5:5-66).

"In-State host track" means a racetrack within this State which is operated by a permit holder which conducts a horse race upon which account wagers are placed pursuant to this act.

"In-State sending track" means a racetrack within this State which is operated by a permit holder and is equipped to conduct off-track simulcasting.

"Interstate account wagering common pool" means the parimutuel pool established within this State or in another state or foreign nation within which is combined parimutuel pools of one or more receiving tracks located in one or more states or foreign nations upon a race at an out-of-State host track for the purpose of establishing payoff prices in the various jurisdictions.

"Interstate common pool" means the parimutuel pool established within this State or in another state or foreign nation within which is combined parimutuel pools of one or more receiving tracks located in one or more states or foreign nations upon a race at a sending track located outside of this State for the purpose of establishing payoff prices in the various jurisdictions.

"New Jersey Racing Industry Special Fund" means the fund established pursuant to section 35 of this act.

"Off-track simulcasting" means the simultaneous audio or visual transmission of horse races conducted at in-State and out-of-State racetracks to off-track wagering facilities and parimutuel wagering at those off-track wagering facilities on the results of those races.

"Off-track wagering" means parimutuel wagering at an off-track wagering facility as authorized under this act.

"Off-track wagering facility" means a licensed facility, other than a racetrack, at which parimutuel wagering is conducted pursuant to this act.

"Off-track wagering licensee" means a person, partnership, association, corporation or authority approved by the commission to conduct an off-track wagering facility as provided for in this act.

"Out-of-State host track" means a racetrack in a jurisdiction other than the State of New Jersey, the operator of which is lawfully permitted to conduct a horse race meeting and which conducts horse races upon which account wagers may be placed pursuant to this act.

"Out-of-State sending track" means a racetrack in a jurisdiction other than the State of New Jersey which is equipped to conduct off-track simulcasting and the operator of which is lawfully permitted to conduct a horse race meeting and to provide simulcast horse races to off-track wagering facilities in this State.

"Outstanding parimutuel ticket" means a winning parimutuel ticket which is not claimed within six months of sale.

"Parimutuel" means any system whereby wagers with respect to the outcome of a horse race are placed with, or in, a wagering pool conducted by an authorized person, and in which the participants are wagering with each other and not against the person conducting the wagering pool.

"Participation agreement" means each written contract that provides for the establishment or implementation of an off-track wagering facility or facilities or an account wagering system and the distribution of revenues therefrom, in accordance with this act, and the coordination thereof by the New Jersey Sports and Exposition Authority.

"Permit holder" means the holder of an annual permit to conduct a horse race meeting issued by the New Jersey Racing Commission.

"Racetrack" means the physical facility where a permit holder conducts a horse race meeting respectively with parimutuel wagering.

"Racing costs" means the prospective and actual costs for all licensing, investigation, operation, regulation, supervision and enforcement activities and functions performed by the New Jersey Racing Commission.

"Simulcast horse races" means horse races conducted at an in-State sending track or an out-of-State sending track, as the case may be, and transmitted simultaneously by picture to a receiving track or an off-track wagering facility.

"Sire Stakes" means the Sire Stakes Program established pursuant to section 1 of P.L.1971, c. 85 (C.5:5-91).

"Takeout" means that portion of a wager which is deducted from or not included in the parimutuel pool, and which is distributed other than to persons placing wagers.

"Thoroughbred Breeders and Stallions" means the special trust account created pursuant to section 46 b.(1)(e) of P.L.1940 c.17 (C.5:5-66).

4. (New Section) a. The commission is authorized to issue a license to an applicant to permit off-track wagering at a specified facility, in accordance with the provisions of this act. A license issued pursuant to this act shall be valid for a period of one year. Each applicant for initial licensure under this section shall demonstrate to the satisfaction of the commission that it:

(1) held a valid permit to hold or conduct a race horse meeting within this State in the calendar year 1999;

(2) has complied with the terms of such permit;

(3) is in good standing with the commission and the State of New Jersey; and

(4) has entered into a participation agreement with each and every other person, partnership, association, corporation or authority that meets the requirements of paragraphs (1), (2) and (3) of this subsection.

For purposes of this section, an "applicant" means a person, partnership, association, corporation or authority that meets the requirements of this subsection, or a successor in interest to such person, partnership, association, corporation or authority.

An off-track 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.

b. As part of the license application process, any participation agreement entered into for the purposes of this section shall be reviewed and approved by the commission and the Attorney General to determine whether the agreement meets the requirements of this act.

c. After initial licensure, the failure of any license holder to maintain a participation agreement with each and every other person, partnership, association, corporation or authority that meets the requirements of paragraphs (1), (2) and (3) of subsection a. of this section may be considered as a factor but shall not preclude license renewal.

d. Any permit holder with a valid permit to hold or conduct a race horse meeting within this State in any calendar year after 1999 may apply for licensure pursuant to this section, if it meets the requirements of paragraphs (2), (3) and (4) of subsection a. of this section.

5. (New Section) a. At the time of filing an application for an off-track wagering license, an applicant shall submit to the commission a non-refundable 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, the following information:

(1) a plan depicting the proposed facility and improvements thereon, including information about the size, seating capacity, parking and services to be provided at the facility;

(2) the location of the proposed facility, and relevant demographic or other information concerning the municipality and surrounding area where the proposed facility is to be located and whether the proposed facility complies with local zoning and planning requirements;

(3) the number of permanent and part-time jobs expected to be created at the proposed facility, and gross revenues expected to be generated by the facility;

(4) the fire evacuation plan for the proposed facility;

(5) the type of food and beverages available; and

(6) such other information as the commission may require.

b. A separate application and certification shall be filed for each off-track wagering facility which an applicant proposes to establish.

c. The commission shall by regulation establish a procedure and conditions for renewal of licenses issued under this act.

d. The commission shall by regulation establish the maximum hours of operation of off-track wagering facilities.

e. Issuance of licenses or permits for alcoholic beverage service and consumption shall be governed by R.S.33:1-42; provided, however, that no such license or permit shall be issued for an off-track wagering facility located in a municipality that has not authorized the retail sale of alcoholic beverages. Hours of sale of alcoholic beverages at an off-track wagering facility shall not exceed those permitted in the municipality in which the off-track wagering facility is located.

f. Minors under the age of 18 years shall not be permitted in any off-track wagering facility, except in dining areas if accompanied by a parent or guardian.

g. The commission shall by regulation establish minimum standards for off-track wagering facilities, including, but not limited to, standards for size, seating capacity, parking and services to be provided.

6. (New Section) Within 14 days of receipt of a completed application, certification and applicable fees, the executive director shall determine whether the same is in due form and meets the requirements of law in all respects, and upon being satisfied thereof, the commission, within 45 days of receipt of a completed application, certification and applicable fees, shall hold a public hearing in the municipality in which the proposed off-track wagering facility is to be located. The costs of the public hearing shall be paid by the applicant. The executive director shall cause a display advertisement, approximately 11 inches by 8 inches in size, to be published at least once in a daily newspaper, and at least once in a weekly newspaper, published, or circulated if none is published, in the county where the municipality is located at least 15 days before the date of the public hearing and to be published again in that daily newspaper on the third day preceding the public hearing and in the latest edition of that weekly newspaper that will be in circulation on the third day preceding the public hearing. The advertisement shall contain sufficient information to apprise the public as to the purpose of the hearing, the time and place thereof, and the nature of the license applied for. The advertisement shall be prepared and placed by the executive director, but shall be paid for by the applicant.

7. (New Section) No sooner than 30 days nor later than 60 days following the public hearing, the commission shall make a final determination on the license application. In reviewing an application for a proposed off-track wagering facility that is not subject to local zoning and planning requirements pursuant to the powers of the authority, the commission shall give due consideration to whether the proposed facility complies with the local zoning and planning requirements. The commission shall approve the application if it determines that the plan for the proposed facility includes appropriate standards of quality for the premises and services it will provide and that the applicant has demonstrated by clear and convincing evidence that establishment of the proposed off-track wagering facility will not be inimical to the interests of the public and the horse racing industry in this State. The commission shall submit its determination to the Attorney General for review and approval. The determination of the commission shall be deemed approved by the Attorney General if not affirmatively approved or 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 applicant an off-track wagering license specifying the location, the periods of time during a calendar year and the hours of operation during which off-track wagering is permitted at the facility, and prescribing any other conditions or terms the commission deems appropriate.

8. (New Section) a. The commission shall have full power to prescribe rules, regulations and conditions under which all off-track wagering licenses are issued in the State and to revoke, suspend or refuse to renew a 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.

b. The commission shall have no right or power to determine who shall be officers, directors or employees of any off-track wagering licensee, or the salaries thereof; provided, however, that the commission may compel the discharge of any official or employee of the licensee, the off-track wagering facility or any concessionaire 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.

9. (New Section) Nothing in this act shall be deemed to abrogate the common law right or any other right established by law to exclude or eject permanently from any off-track wagering facility any person who disrupts the operations of its premises, threatens the security of its premises or its occupants, or is disorderly or intoxicated.

10. (New Section) a. The total number of off-track wagering facilities licensed in this State pursuant to this act shall not exceed 15 such facilities in the aggregate.

b. The commission shall issue no more than eight off-track wagering licenses within the first two years of the effective date of this act.

11. (New Section) It shall be lawful for the off-track wagering licensee to conduct off-track simulcasting at the off-track wagering facility with any in-State sending track and with any out-of-State sending track in accordance with the provisions of this act and applicable regulations which the commission may promulgate.

12. (New Section) An in-State sending track may transmit to licensed off-track wagering facilities all or some of the live races conducted at the racetrack. The off-track wagering licensee, as a condition of continued operation of the off-track wagering facility, shall receive all live races which are offered and transmitted by in-State sending tracks.

13. (New Section) a. The State Treasurer shall certify racing costs on an annual basis. These racing costs shall be the basis for payment and reimbursement to the commission from the following sources, in the following order:

(1) license and permit fees received by the commission;

(2) breakage moneys and outstanding parimutuel ticket moneys as provided in sections 16, 20, 27, 31, 32 and 33 of this act, and the outstanding parimutuel ticket moneys as provided in section 44 of P.L.1940, c. 17 (C.5:5-64), section 1 of P.L.1984, c. 236 (C.5:5-64.1) and section 7 of P.L.1971, c. 137 (C.5:10-7).

b. If, in any year, amounts received by the commission from the sources specified in subsection a. of this section are not sufficient to reimburse the commission for racing costs, there shall be an assessment against permit holders or successors in interest to permit holders, if applicable, to reimburse the commission for its costs which are not otherwise appropriated to the commission by law. The commission shall, by regulation, establish an assessment formula which apportions such costs to each permit holder or successor in interest, if applicable.

c. Subject to the approval of the State Treasurer, the commission may adjust the annual assessment when necessary to cover expenditures not anticipated at the time of the assessment.

d. The funds derived from the sources specified in this section shall be held in a non-lapsing dedicated account, for use in accordance with the provisions of this section.

14. (New Section) In addition to any other funds provided by law for prevention, education and treatment programs for compulsive gamblers, beginning on July 1, 2000, 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, which is to provide such funds to 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.

15. (New Section) Sums wagered at the off-track wagering facility on the result of a simulcast horse race at an in-State sending track shall be included in the appropriate parimutuel pool generated at the in-State sending track for the race being transmitted. The parimutuel pool generated from simulcast horse races originating at an in-State sending track shall be distributed pursuant to section 16 of this act. Payments to persons holding winning tickets at an off-track wagering

facility shall be made according to the same odds as those generated at the in-State sending track.

16. (New Section) Sums wagered at an off-track wagering facility on races being transmitted to that off-track wagering facility from an in-State sending track shall be deposited in the parimutuel pool generated at the in-State sending track for those races and shall be distributed in accordance with the provisions of section 44 of P.L.1940, c.17 (C.5:5-64) or section 1 of P.L.1984, c.236 (C.5:5-64.1), as appropriate.  Such sums wagered at an off-track wagering facility which remain undistributed pursuant to those sections shall be distributed as follows, except moneys resulting from breakage on amounts wagered at the off-track wagering facility and from outstanding parimutuel ticket moneys issued at the off-track wagering facility shall be distributed as provided by subsection g. of this section.

a. 5.9% of the parimutuel pool generated at the off-track wagering facility shall be paid to the in-State sending track for overnight purses. In the event that (1) any racetrack at which a horse race meeting was conducted in calendar year 1999 ceases to operate as a racetrack prior to calendar year 2003 and (2) an off-track wagering facility is operated on that former racetrack site, 6.15% of the parimutuel pool generated at that off-track wagering facility shall be paid to the in-State sending track for overnight purses.

b. 0.5% of the parimutuel pool generated at the off-track wagering facility shall be set aside as follows:

(1) in the case of harness races being transmitted from an in-State sending track, in the special trust account established pursuant to or specified in section 46a.(2) of P.L.1940, c.17 (C.5:5-66), section 2b. of P.L.1984, c.236 (C.5:5-66.1), section 5a.(1) of P.L.1982, c.201 (C.5:5-98), or section 7f.(1)(a) of P.L.1971, c.137 (C.5:10-7), as appropriate, for use and distribution as provided in section 46a.(2)(a),(b) and (c) of P.L.1940, c.17 (C.5:5-66), sections 2b.(1), (2) and (3) of P.L.1984, c.236 (C.5:5-66.1), section 5a.(1)(a), (b) and (c) of P.L.1982, c.201 (C.5:5-98), or section 7f.(1)(a)(i), (ii) and (iii) of P.L.1971, c.137 (C.5:10-7); and

(2) in the case of running races being transmitted from an in-State sending track, in the special trust account established pursuant to or specified in section 46b.(1)(e) or (2)(e) of P.L.1940, c.17 (C.5:5-66), section 5b.(3) of P.L.1982, c.201 (C.5:5-98), or section 7f.(2)(c) of P.L.1971, c.137 (C.5:10-7), as appropriate, for use and distribution as provided therein, as appropriate.

c. 0.02% of the parimutuel pool generated at the off-track wagering facility shall be paid to Breeding and Development.

d. 0.02% of the parimutuel pool generated at the off-track wagering facility shall be paid to Backstretch Benevolency.

e. 0.06% of the parimutuel pool generated at the off-track wagering facility shall be set aside as follows: (1) in the case of harness races, to Health and Welfare; and (2) in the case of running races, to Thoroughbred Breeders and Stallions.

f. The remainder of the parimutuel pool generated at the off-track wagering facility after deduction of the amounts under subsections a. through e. of this section shall be paid to the off-track wagering licensee.

g. All breakage moneys and outstanding parimutuel ticket moneys resulting from wagering at the off-track wagering facility on races transmitted by an in-State sending track shall be paid to the commission for racing costs in accordance with section 13 of this act. If in any calendar year the total amount of breakage moneys and outstanding parimutuel ticket moneys referred to herein exceeds amounts required to pay racing costs as provided in section 13 of this act, such remaining funds shall be allocated as follows: 50% to the off-track wagering licensee; and 50% to the New Jersey Racing Industry Special Fund.

17. (New Section) The off-track wagering licensee may, in accordance with the provisions of this act and any applicable regulations of the commission and with the approval of the commission, also receive at the facility simulcast horse races conducted at out-of-State sending tracks; provided, however, that the off-track wagering licensee may receive simulcast horse races from only those out-of-State sending tracks that have been approved by the commission, which approval may not be unreasonably withheld.

18. (New Section) The off-track wagering licensee receiving a simulcast horse race from an out-of-State sending track shall pay to the out-of-State sending track for the transmission such amount, if any, as may be agreed upon by the off-track wagering licensee and the out-of-State sending track.

19. (New Section) a. Except as provided in subsection b. of this section, the commission shall not permit an out-of-State sending track to participate in off-track simulcasting unless the parimutuel pools in the off-track wagering facility shall be combined with comparable parimutuel pools at the out-of-State sending track. The types of wagering, takeout, distribution of winnings, rules of racing, method of calculating breakage, and the percentage of deposits remaining undistributed from a parimutuel pool after payment is made to winning ticket holders shall be determined in accordance with the law or policy applicable to the out-of-State sending track.

b. With the prior approval of the commission and the concurrence of the out-of-State sending track, an off-track wagering licensee and receiving tracks or entities in other states other than the state in which the sending track is located may form an interstate common pool. With respect to such interstate common pools, the commission may approve types of wagering, takeout, distribution of winnings, rules of racing, method of calculating breakage, and a percentage of deposits remaining undistributed from a parimutuel pool after payment is made to winning ticket holders which are different from those which would otherwise be applied in this State but which are consistent for all parties to the interstate common pool.

20. (New Section) Sums wagered at an off-track wagering facility on races being transmitted to that off-track wagering facility from an out-of-State sending track shall be subject to the takeout rate determined pursuant to section 19 of this act and the sums resulting from that takeout rate as applied to the parimutuel pool generated at the off-track wagering facility shall be distributed as follows, except moneys resulting from breakage on amounts wagered at the off-track wagering facility and from outstanding parimutuel ticket moneys issued at the off-track wagering facility shall be distributed as provided by subsection c. of this section.

a. The amount, if any, as agreed by the off-track wagering licensee and the out-of-State sending track pursuant to section 18 of this act shall be paid to the out-of State sending track for the transmission of the race.

b. The amount remaining after the deduction of the amount under subsection a. of this section from the amount of the takeout rate shall be distributed as follows:

(1) 33% of such amount remaining under this subsection shall be distributed to the commission for deposit in the New Jersey Racing Industry Special Fund;

(2) the remainder of the parimutuel pool after deduction of the amount set forth in paragraph (1) of this subsection shall be paid to the off-track wagering licensee.

c. All breakage moneys and outstanding parimutuel ticket moneys resulting from wagering at the off-track wagering facility on races transmitted by the out-of-State sending track shall be paid to the commission for racing costs in accordance with section 13 of this act. If in any calendar year the total amount of breakage moneys and outstanding parimutuel ticket moneys referred to herein exceeds amounts required to pay racing costs as provided in section 13 of this act, such remaining funds shall be allocated as follows: 50% to the off-track wagering licensee; and 50% to the New Jersey Racing Industry Special Fund.

21. (New Section) a. The commission may license applicants to participate in an account wagering system in accordance with the provisions of this act. A license issued pursuant to this act shall be valid for a term of one year. Each applicant for initial licensure under this section shall demonstrate to the satisfaction of the commission that it:

(1) held a valid permit to hold or conduct a race horse meeting within this State in the calendar year 1999 and conducted at least 50 live race dates in the aggregate at the permit holder's racetrack in calendar year 1999;

(2) has complied with the terms of such permit;

(3) is in good standing with the commission and the State of New Jersey; and

(4) has entered into a participation agreement with each and every other person, partnership, association, corporation or authority that meets the requirements of paragraphs (1), (2) and (3) of this subsection.

For purposes of this section, an "applicant" means a person, partnership, association, corporation or authority that meets the requirements of this subsection, or a successor in interest to such person, partnership, association, corporation or authority.

An account 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.

b. As part of the license application process, any participation agreement entered into for the purposes of this section shall be reviewed and approved by the commission and the Attorney General to determine whether the agreement meets the requirements of this act.

c. After initial licensure, the failure of any license holder to maintain a participation agreement with each and every other person, partnership, association, corporation or authority that meets the requirements of paragraphs (1), (2) and (3) of subsection a. of this section may be considered as a factor but shall not preclude license renewal.

d. Any permit holder with a valid permit to hold or conduct a race horse meeting within this State in any calendar year after 1999 may apply for licensure pursuant to this section, if it meets the requirements of paragraphs (2), (3) and (4) of subsection a. of this section.

e. At the time of filing an application for licensure under this section, an applicant shall submit to the commission a non-refundable 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 account wagering system and the applicant's participation therein.

f. The commission shall by regulation establish a procedure for renewal of licenses issued under this act.

22. (New Section) a. Within 14 days of receipt of a completed application, certification and applicable fees, the executive director shall determine whether the same is in due form and meets the requirements of law in all respects, and upon being satisfied thereof, the executive director, within 45 days of receipt of a completed application, certification and applicable fees, shall hold a public hearing, the costs of which shall be paid by the applicant.

b. No sooner than 30 days nor later than 60 days following the public hearing, the commission shall make a final determination on the application. The commission shall approve the application if it determines that the applicant has demonstrated by clear and convincing evidence that wagers placed through the proposed account 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 not affirmatively approved or 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 applicant a license to participate in the account wagering system.

23. (New Section) a. The commission shall have full power to prescribe rules, regulations and conditions under which all account wagering licenses are issued in this State and to revoke, suspend or refuse to renew a 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.

b. The commission shall have no right or power to determine who shall be officers, directors or employees of any account wagering licensee, or the salaries thereof; provided, however, that the commission may compel the discharge of any official or employee of the licensee or the account wagering system 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.

24. (New Section) a. A bettor may not place an account wager unless the bettor has established an account with an account wagering licensee. To establish an account, a bettor shall be an individual at least 18 years of age.

b. The account shall be in the name of a natural person and may not be in the name of any beneficiary, custodian, joint trust, corporation, partnership or other organization or entity.

c. An account may be established by a bettor completing an application form approved by the commission, together with a certification or other proof of age. The form shall include the address of the principal residence of the prospective account holder and a statement that a false statement made in regard to an application may subject the applicant to prosecution.

d. The prospective account holder shall submit the completed application to the account wagering licensee, to any account wagering participating permit holder or to a licensed off-track wagering facility or such other person or entity as may be approved by the commission. The account wagering licensee may accept or reject an application after receipt and review of the application and certification or proof of age for compliance with this act.

e. Any prospective account holder who provides false or misleading information on the application is subject to rejection of the application or cancellation of the account by the account wagering licensee without notice.

f. The account wagering licensee has the right to suspend or close any wagering account at its discretion.

g. Any person not in good standing with the commission shall not be entitled to maintain a wagering account.

h. The address provided by the applicant in the application shall be deemed the proper address for the purposes of mailing checks, account withdrawals, notices and other materials.

i. A wagering account is not assignable or otherwise transferable.

j. Except as otherwise provided in this act or in regulations which the commission may adopt hereunder, all account wagers are final and no wager shall be canceled by the account holder at any time after the wager has been accepted by the account wagering licensee.

k. For the purposes of this act and notwithstanding any other law to the contrary, all messages or orders to place account wagers received by the licensee on behalf of a participating permit holder shall be deemed made to a place within this State.

l. All persons accepting telephone wagers on behalf of an account wagering licensee shall do so at a location within this State.

m. The account wagering licensee may at any time declare the system closed for receiving any wagers on any race or closed for all wagering.

25. (New Section) a. Credits to a wagering account shall be made as follows:

(1) The account holder's deposits to the wagering account shall be submitted by the account holder to the account wagering licensee and shall be in the form of one of the following:

(a) cash given to the account wagering licensee or its authorized agent;

(b) check, money order, negotiable order of withdrawal, wire or electronic transfer payable and remitted to the account wagering licensee or its authorized agent; or

(c) charges made to an account holder's debit or credit card upon the account holder's direct and personal instruction, which instruction may be given by telephone communication or other electronic means to the account wagering licensee or its agent by the account holder if the use of the card has been approved by the account wagering licensee.

(2) Credit for winnings from wagers placed with funds in a wagering account and credit for account wagers on horses that are scratched shall be posted to the account by the account wagering licensee.

(3) The account wagering licensee has the right to refuse for any reason all or part of any wager or deposit to the account.

(4) Funds deposited in the account shall not bear interest to the account holder.

b. Debits to a wagering account shall be made as follows:

(1) Upon receipt by an account wagering licensee of an account wager properly placed pursuant to section 26 of this act, the account wagering licensee shall debit the account holder's wagering account in the amount of the wager.

(2) An account wagering licensee may authorize a withdrawal from a wagering account when the account holder submits to the licensee, the licensee's agent, a participating permit holder, a licensed off-track wagering facility or such other location as may be approved by the commission the following:

(i) proper identification;

(ii) the correct personal identification number; and

(iii) a properly completed and executed withdrawal slip on a form approved by the commission.

Upon receipt of a properly completed and executed withdrawal form, and if there are sufficient funds in the account to cover the withdrawal, the licensee shall, within three business days of receipt, send a check to the holder at the address specified in the application for the wagering account. The check shall be made payable only to the holder of the wagering account and in the amount of the requested withdrawal.

26. (New Section) An account wagering licensee may accept account wagers only as follows:

a. The account wager shall be placed directly to the account wagering licensee by the holder of the wagering account.

b. The person placing the account wager shall provide the licensee with the correct personal identification number of the holder of the wagering account.

c. A licensee may not accept an account wager, or series of wagers, in an amount in excess of funds on deposit in the wagering account of the holder placing the wager. Funds on deposit include amounts credited under section 25 of this act and in the account at the time the wager is placed.

d. Only the holder of a wagering account shall place an account wager. Unless otherwise approved by the account wagering licensee, 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 a wagering account; provided, however, that the use of credit or debit cards specifically approved by the licensee or the use of checks, money orders or negotiable orders of withdrawal or the use of telephonic, computer or electronic means by the account holder to place such wagers shall not be prohibited.

27. (New Section) Sums wagered by a resident account holder on races conducted by an in-State host track shall be deposited in the parimutuel pool generated at the in-State host track for those races and shall be distributed in accordance with the provisions of section 44 of P.L.1940, c. 17 (C.5:5-64) or section 1 of P.L.1984, c.236 (C.5:5-64.1), as appropriate. The sums wagered by the resident account holder which remain undistributed pursuant to those sections shall be distributed as follows, except moneys resulting from breakage on amounts wagered by the resident account holder shall be distributed as provided by subsection g. of this section.

a. 5.9% of the parimutuel pool generated from resident account wagers shall be paid to the in-State host track for overnight purses.

b. 0.6% of the parimutuel pool generated from resident account wagers shall be set aside as follows:

(1) in the case of harness races being transmitted from an in-State host track, in the special trust account established pursuant to or specified in section 46a.(2) of P.L.1940, c.17 (C.5:5-66), section 2b. of P.L.1984, c.236 (C.5:5-66.1), section 5a.(1) of P.L.1982, c.201 (C.5:5-98), or section 7f.(1)(a) of P.L.1971, c.137 (C.5:10-7), as appropriate, for use and distribution as provided in section 46a.(2)(a),(b) and (c) of P.L.1940, c.17 (C.5:5-66), sections 2b.(1), (2) and (3) of P.L.1984, c.236 (C.5:5-66.1), section 5a.(1)(a), (b) and (c) of P.L.1982, c.201 (C.5:5-98), or section 7f.(1)(a)(i), (ii) and (iii) of P.L. 1971, c. 137 (C.5:10-7); and

(2) in the case of running races being transmitted from an in-State host track, in the special trust account established pursuant to or specified in section 46b.(1)(e) or (2)(e) of P.L.1940, c.17 (C.5:5-66), section 5b.(3) of P.L.1982, c.201 (C.5:5-98), or section 7f.(2)(c) of P.L.1971, c.137 (C.5:10-7), as appropriate, for use and distribution as provided therein, as appropriate.

c. 0.02% of the parimutuel pool generated at the off-track wagering facility shall be paid to Breeding and Development.

d. 0.02% of the parimutuel pool generated at the off-track wagering facility shall be paid to Backstretch Benevolency.

e. 0.06% of the parimutuel pool generated at the off-track wagering facility shall be set aside as follows: (1) in the case of harness races, to Health and Welfare; and (2) in the case of running races, to Thoroughbred Breeders and Stallions.

f. The remainder of the parimutuel pool generated from wagers by resident account holders on races conducted by in-State host tracks after deduction of the amounts under subsections a. through e. of this section shall be paid to the account wagering licensee.

g. All breakage moneys on races conducted by an in-State host track shall be paid to the commission for racing costs in accordance with section 13 of this act. If in any calendar year the total amount of breakage moneys referred to herein exceeds amounts required to pay racing costs as provided in section 13 of this act, such remaining funds shall be allocated as follows: 50% to the account wagering licensee; and 50% to the New Jersey Racing Industry Special Fund.

28. (New Section) An account wagering licensee may, with the approval of the commission, also accept resident and non-resident account wagers on horse races conducted at out-of-State host tracks; provided, however, that the account wagering licensee may receive wagers on out-of-State horse races from only those out-of-State host tracks that have been approved by the commission, which approval may not be unreasonably withheld.

29. (New Section) The account wagering licensee accepting resident or non-resident account wagers on a horse race conducted at an out-of-State host track shall pay to the out-of-State host track such amount, if any, as provided for in the agreement, if any, between the account wagering licensee and the out-of-State host track.

30. (New Section) a. Except as provided in subsection b. of this section, the commission shall not permit an out-of-State host track to qualify as a host track unless the parimutuel pools respecting the account wagering licensee's account wagers shall be combined with comparable parimutuel pools at the out-of-State host track. The types of wagering, takeout, distribution of winnings, rules of racing, method of calculating breakage, and the percentage of deposits remaining undistributed from a parimutuel pool after payment is made to winning ticket holders shall be determined in accordance with the law or policy applicable to the out-of-State host track.

b. With the prior approval of the commission and the concurrence of the out-of-State host track, an account wagering licensee and receiving tracks or entities in other states other than the state in which the host track is located may form an interstate account wagering common pool. With respect to such interstate common pools, the commission may approve types of wagering, takeout, distribution of winnings, rules of racing, method of calculating breakage, and a percentage of deposits remaining undistributed from a parimutuel pool after payment is made to winning ticket holders which are different from those which would otherwise be applied in this State but which are consistent for all parties to the interstate account wagering common pool.

31. (New Section) Sums wagered by a resident account holder on races conducted by an out-of-State host track shall be subject to the takeout rate determined pursuant to section 30 of this act and the sums resulting from that takeout rate as applied to the parimutuel pool generated from such account wagers shall be distributed as follows, except moneys resulting from breakage on amounts wagered by the resident account holder shall be distributed as provided by subsection c. of this section.

a. The amount, if any, as agreed upon by the account wagering licensee and the out-of-State host track pursuant to section 29 of this act shall be paid to the out-of State host track.

b. The amount remaining after the deduction of the amount under subsection a. of this section from the amount of the takeout rate shall be distributed as follows:

(1) 33% of such amount remaining under this subsection shall be distributed to the commission for deposit in the New Jersey Racing Industry Special Fund;

(2) the remainder of the parimutuel pool after deduction of the amount set forth in paragraph (1) of this subsection shall be paid to the account wagering licensee.

c. All breakage moneys, if any, on races conducted by the out-of-State host track shall be paid to the commission for racing costs in accordance with section 13 of this act. If in any calendar year the total amount of breakage moneys referred to herein exceeds amounts required to pay racing costs as provided in section 13 of this act, such remaining funds shall be allocated as follows: 50% to the account wagering licensee; and 50% to the New Jersey Racing Industry Special Fund.

32. (New Section) Sums wagered by a non-resident account holder on races conducted by an in-State host track shall be deposited in the parimutuel pool generated at the in-State host track for those races and shall be distributed in accordance with the provisions of section 44 of P.L.1940, c.17 (C.5:5-64) or section 1 of P.L.1984, c.236 (C.5:5-64.1), as appropriate. The sums wagered by the non-resident account holder which remain undistributed pursuant to those sections shall be distributed as follows, except moneys resulting from breakage on amounts wagered by the non-resident account holder shall be distributed as provided by subsection c. of this section.

a. 4% shall be paid to the purse account for overnight races at the in-State host track.

b. The remainder of the parimutuel pool after deduction of the amount set forth in subsection a. of this section shall be paid to the account wagering licensee.

c. All breakage moneys, if any, resulting from wagers on races conducted by the in-State host track by non-resident account holders shall be paid to the commission for racing costs in accordance with section 13 of this act. If in any calendar year the total amount of breakage moneys referred to herein exceeds amounts required to pay racing costs as provided in section 13 of this act, such remaining funds shall be allocated as follows: 50% to the account wagering licensee; and 50% to the New Jersey Racing Industry Special Fund.

33. (New Section) Sums wagered by a non-resident account holder on races conducted by an out-of-State host track shall be subject to the takeout rate determined pursuant to section 30 of this act, and the sums resulting from that takeout rate as applied to the parimutuel pool generated from such account wager shall be distributed as follows, except moneys resulting from breakage on amounts wagered by the non-resident account holder shall be distributed as provided by subsection c. of this section.

a. The amount, if any, as agreed upon by the account wagering license and the out-of-State host track pursuant to section 29 of this act shall be paid to the out-of-State host track.

b. The amount remaining after the deduction of the amount under subsection a. of this section shall be distributed as follows:

(1) 20% of such amount remaining under this subsection shall be distributed to the commission for deposit in the New Jersey Racing Industry Special Fund;

(2) the remainder of the parimutuel pool after deduction of the amount set forth in paragraph (1) of this subsection shall be paid to the account wagering licensee.

c. All breakage moneys, if any, on races conducted by an out-of- State host track shall be paid to the commission for racing costs in accordance with section 13 of this act. If in any calendar year the total amount of breakage moneys referred to herein exceeds amounts required to pay racing costs as provided in section 13 of this act, such remaining funds shall be allocated as follows: 50% to the account

wagering licensee; and 50% to the New Jersey Racing Industry Special Fund.

34. (New Section) All amounts remaining in resident and non-resident wagering accounts inactive or dormant for such period and under such conditions as established by regulation shall be paid 50% to the account wagering licensee and 50% to the New Jersey Racing Industry Special Fund.

35. (New Section) 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 16, 20, 27, 31, 32, 33 and 34 of this act. Moneys deposited in this special fund shall be disbursed monthly by the commission and used as follows:

a. (1) 46% of money collected shall be distributed by the commission as follows: 50% to permit holders conducting harness racing; and 50% to permit holders conducting thoroughbred racing.

(2) 46% of money collected shall be distributed by the commission as follows: 30% to permit holders conducting harness racing; and 70% to permit holders conducting thoroughbred racing.

Of the allocations in this subsection, specific distributions shall be made to the overnight purse account for the breed and horsemen's organization of each permit holder. Distribution shall be based on the following formula: total overnight purse distribution for each permit holder in the prior calendar year divided by the total overnight purse distribution of all permit holders for the respective breed in the prior calendar year.

The distributions provided for in this subsection of money collected shall terminate five years from the date of the opening of the first off-track wagering facility in this State.

b. 8% shall be distributed by the commission as follows:

(1) 50% to harness funds and 50% to thoroughbred funds.

(2) of the amount distributed to harness funds pursuant to paragraph (1) of 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.

(3) of the amount distributed to thoroughbred funds pursuant to paragraph (1) of this subsection, the following distributions shall apply: 94% to Thoroughbred Breeders and Stallions; 3% to Backstretch Benevolency; and 3% to Breeding and Development.

36. (New Section) a. An off-track wagering facility operated on property acquired or held by the New Jersey Sports and Exposition Authority or other off-track wagering property of the authority is hereby declared to be public property devoted to an essential public and governmental function and purpose and shall be exempt from all taxes and special assessments of the State or any political subdivision thereof; provided, however, that (1) when any part of a project site not occupied or to be occupied by facilities of the project is leased by the authority to another entity whose property is not exempt and the leasing of which does not make the real estate taxable, the estate created by the lease and the appurtenances thereto shall be listed as the property of the lessee thereof, or the lessee's assignee, and be assessed and taxed as real estate; and (2) the authority annually shall make payments in-lieu-of taxes to the municipality in which such off-track wagering facility or property is located in accordance with subsection b. of section 18 of P.L.1971, c.137 (C.5:10-18).

b. Each municipality in which any facility licensed by the commission is located shall provide for the facility, police, fire, sanitation, health protection and other municipal services of the same character and to the same extent as those provided for other commercial properties in the municipality.

37. (New Section) All persons engaged in conducting wagering-related activities at an off-track facility or through an account wagering system, whether employed directly by the licensee or by a person or entity conducting or operating the off-track or account wagering facility pursuant to an agreement with the licensee, shall be licensed or registered in accordance with such regulations as may be promulgated by the commission hereunder. All other employees at the off-track or account wagering facility 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.

38. (New Section) 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. 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.

39. (New Section) For the calendar year in which the first off-track wagering facility is opened and for each of the four calendar years thereafter:

a. the New Jersey Sports and Exposition Authority shall schedule annually no fewer than 124 thoroughbred race dates and no fewer than 151 standardbred race dates; and

b. the permit holders at Freehold Raceway shall schedule no fewer than 192 standardbred race dates.

40. (New Section) A true copy of the minutes of every meeting of the New Jersey Racing Commission shall be forthwith delivered by and under the certification of the executive director thereof to the Governor. No action taken at such meeting by the New Jersey Racing Commission shall have force and effect until the earlier of 10 days, exclusive of Saturdays, Sundays and public holidays, after such copy of the minutes shall have been so delivered, or the approval thereof by the Governor. If, in the 10-day period, the Governor returns such copy of the minutes with veto of any action taken by the commission or any member thereof at such meeting, such action shall be null and void and of no effect. The Governor may approve all or part of the action taken at such meeting, prior to the expiration of the 10-day period. This section shall not apply to enforcement actions for violations of regulations promulgated by the New Jersey Racing Commission.

41. (New Section) 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.

42. (New Section) 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.

43. R.S.33:1-42 is amended to read as follows:

33:1-42. No sales of alcoholic beverages shall be made in any public buildings belonging to or under the control of the state or any political subdivision thereof except as to the national guard as hereinbefore provided, or in any off-track wagering facility, whether publicly owned or controlled or otherwise, and except as permitted by the commissioner in specified cases and subject to rules and regulations.

(cf: R.S.33:1-42)

44. Section 6 of P.L.1971, c. 137 (C.5:10-6) is amended to read as follows:

6. a. The authority, pursuant to the provisions of P.L.1971, c.137 (C.5:10-1 et seq.), is hereby authorized and empowered, either alone or in conjunction with others, and provided that, in the case of an arrangement with respect to any of the projects set forth in this section which shall be in conjunction with others, the authority shall have sufficient right and power to carry out the public purposes set forth in P.L.1971, c.137 (C.5:10-1 et seq.):

(1) To establish, develop, construct, operate, acquire, own, manage, promote, maintain, repair, reconstruct, restore, improve and otherwise effectuate, either directly or indirectly through lessees, licensees or agents, a project to be located in the Hackensack meadowlands upon a site not to exceed 750 acres and upon a site or sites outside of that acreage, but either immediately contiguous thereto or immediately across any public road which borders that acreage, consisting of one or more stadiums, coliseums, arenas, pavilions, stands, field houses, playing fields, recreation centers, courts, gymnasiums, clubhouses, a racetrack for the holding of horse race meetings, and other buildings, structures, facilities, properties and appurtenances related to, incidental to, necessary for, or complementary to a complex suitable for the holding of athletic contests or other sporting events, or trade shows, exhibitions, spectacles, public meetings, entertainment events or other expositions, including, but not limited to, driveways, roads, approaches, parking areas, parks, recreation areas, lodging facilities, vending facilities, restaurants, transportation structures, systems and facilities, and equipment, furnishings, and all other structures and appurtenant facilities, related to, incidental to, necessary for, or complementary to the purposes of that project or any facility thereof.

(2) To establish, develop, construct, acquire, lease or own, operate, manage, promote, maintain, repair, reconstruct, restore, improve and otherwise effectuate, either directly or indirectly through lessees, licensees or agents, a project, at a site within the State of New Jersey, consisting of a baseball stadium and other buildings, structures, facilities, properties and appurtenances related thereto, or incidental to, necessary for, or complementary to a complex suitable for the holding of professional baseball games and other athletic contests or sporting events, or trade shows, exhibitions, spectacles, public meetings, entertainment events or other expositions, such project to include driveways, roads, approaches, parking areas, parks, recreation areas, vending facilities, restaurants, transportation structures, systems and facilities, and equipment, furnishings and all other structures and appurtenant facilities related to, incidental to, necessary for, or complementary to the purposes of that project or any facility thereof. (3) To establish, develop, construct, acquire, lease or own, operate, manage, promote, maintain, repair, reconstruct, restore, improve and otherwise effectuate, either directly or indirectly through lessees, licensees or agents, projects located within the State of New Jersey, but outside of the meadowlands complex, consisting of aquariums and the buildings, structures, facilities, properties and appurtenances related thereto, or incidental to, necessary for, or complementary to those aquariums, such project to include driveways, roads, approaches, parking areas, parks, recreation areas, vending facilities, restaurants, transportation structures, systems and facilities, and equipment, furnishings and all other structures and appurtenant facilities related to, incidental to, necessary for, or complementary to the purposes of that project or any facility thereof. To provide for a project authorized under this paragraph:

(a) (Deleted by amendment, P.L.1988, c.172.)

(b) The authority is authorized to enter into agreements with the State Treasurer providing for the acquisition and construction of an aquarium by the authority, including the land necessary for the aquarium, and the costs thereof, ownership of the aquarium and its land which shall be conveyed to the State upon completion, and the operation by the authority of the aquarium pursuant to a lease or other agreement with the State containing such terms and conditions as the State Treasurer may establish prior to the acquisition and construction by the authority of the aquarium and the disbursements of funds therefor. The State Treasurer is authorized to enter into a lease or other agreement to effectuate the provisions of this subparagraph.

(4) To establish, develop, construct, acquire, own, operate, manage, promote, maintain, repair, reconstruct, restore, improve and otherwise effectuate, either directly or indirectly through lessees, licensees or agents, a project consisting of an exposition or entertainment center or hotel or office complex, including any buildings, structures, properties and appurtenances related thereto, incidental thereto, necessary therefor, or complementary thereto, such project to include driveways, roads, approaches, parking areas, parks, recreation areas, vending facilities, restaurants, transportation structures, systems, and equipment, furnishings and all other structures and appurtenances related to, incidental to, necessary for, or complementary to, the purposes of that project. A project authorized under this paragraph may be located within, immediately contiguous to, or immediately across any public road which borders the site of any other project of the authority, except the site of a racetrack authorized by paragraph (5) of this subsection and acquired by the authority prior to 1986.

(5) To establish, develop, construct, acquire, own, operate, manage, promote, maintain, repair, reconstruct, restore, improve and otherwise effectuate, either directly or indirectly through lessees, licensees or agents, projects consisting of (a) racetrack facilities located within the State of New Jersey, but outside of the meadowlands complex, (b) their contiguous properties, and (c) their auxiliary facilities, including, without limitation, pavilions, stands, field houses, clubhouses, training tracks for horses, racetracks for the holding of horse race meetings, fairgrounds, other exposition facilities, and other buildings, structures, facilities, properties and appurtenances related to, incidental to, necessary for, or complementary to a complex suitable for the holding of horse race meetings, other sporting events, or trade shows, exhibitions, spectacles, public meetings, entertainment events or other expositions, including, but not limited to, driveways, roads, approaches, parking areas, parks, recreation areas, lodging facilities, vending facilities, restaurants, transportation structures, systems and facilities, equipment, furnishings, and all other structures and appurtenant facilities related to, incidental to, necessary for, or complementary to the purposes of any of those projects or any facility thereof.

Notwithstanding any law to the contrary, the acquisition of any existing racetrack facility in and licensed by the State of New Jersey shall be permitted on the condition that payments equivalent to all municipal, school board and county taxes due to each entity shall be paid by the authority to the extent and in accordance with the same payment schedule as taxes would have been paid each year, as though the racetrack facility remained in private ownership. In the event the authority conveys lands or other parts of the racetrack facility to others, the authority shall receive a reduction of such payments commensurate with the amount required to be paid by the subsequent owner of the lands and improvements disposed of by the authority. In addition, the authority shall be responsible for paying all existing local franchise fees, license and parking tax fees in effect at the time of the acquisition.

(6) To establish, develop, acquire, own, operate, manage, promote and otherwise effectuate, in whole or in part, either directly or indirectly through lessees, licensees or agents, projects consisting of events, expositions, teams, team franchises or membership in professional sports leagues.

(7) To establish, develop, construct, acquire, own, operate, manage, promote, maintain, repair, reconstruct, restore, improve and otherwise effectuate, either directly or indirectly through lessees, licensees or agents, projects consisting of facilities, at a site or sites within the State of New Jersey and either within or without the meadowlands complex, that are related to, incidental to, necessary for, or complementary to the accomplishment or purpose of any project of the authority authorized by this section, including any buildings, structures, properties and appurtenances related thereto, incidental thereto, necessary therefor, or complementary thereto, such projects to include driveways, roads, approaches, parking areas, parks, recreation areas, off-track and account wagering systems and facilities, vending facilities, restaurants, transportation structures, systems, and equipment, furnishings and all other structures and appurtenances related to, incidental to, necessary for, or complementary to the purposes of those projects.

(8) To establish, develop, acquire, construct, reconstruct, improve and otherwise effectuate for transfer to, and for use and operation by, Rutgers, the State University, either directly or indirectly through lessees, licensees or agents, facilities located or to be located on property owned, leased, or otherwise used by Rutgers, the State University, consisting of an upgraded and expanded football stadium and a new track and field, soccer and lacrosse facility and the buildings, structures, properties and appurtenances related thereto, or incidental to, necessary for, or complementary to the football stadium and track and field, soccer and lacrosse facility, such facilities to include driveways, access roads, approaches, parking areas, parks, recreation areas, vending facilities, restaurants, transportation structures, systems and equipment, furnishings and all other structures and appurtenances related or incidental to, necessary for, or complementary to the purposes of those facilities; provided however that construction shall not begin on the expansion of the seating capacity of Rutgers Stadium until the Commissioner of Transportation certifies that all funding necessary to complete the Route 18 project in Piscataway Township has been appropriated and construction has begun on the Route 18 project in Piscataway Township under the Department of Transportation's capital program.

(9) To acquire by purchase, lease or otherwise, and to develop, construct, operate, own, lease, manage, repair, reconstruct, restore, improve, enlarge or otherwise effectuate, either directly or through lessees, licensees or agents, a convention center project in the city of Atlantic City, Atlantic County, consisting of the existing convention hall and a new convention hall or center, and associated parking areas and railroad terminal facilities and including the leasing of adjacent land for hotel facilities. In connection therewith, the authority is authorized to:

(a) Assume existing leasehold or other contractual obligations pertaining to any such facilities or properties or to make provision for the payment or retirement of any debts and obligations of the governmental entity operating any such convention hall or center or of any bonds or other obligations payable from and secured by a lien on or pledge of the luxury tax revenues;

(b) Make loans or payments in aid of construction with respect to infrastructure and site development for properties located in the area between the sites of the existing convention hall and a new convention center or located contiguous to or across any public road which borders the area;

(c) Convert the existing convention hall or any facilities, structures or properties thereof, or any part thereof, not disposed of by the authority, to any sports, exposition, exhibition, or entertainment use or to use as a forum for public events or meetings, or to any other use which the authority shall determine to be consistent with its operation of the Atlantic City convention center project.

(10) To provide a feasibility study for the use and development of the existing convention center in the city of Asbury Park, county of Monmouth and to provide a feasibility study for the construction, use and development of a convention center or recreational facility in any other municipality.

(11) To provide funding to public or private institutions of higher education in the State to establish, develop, acquire, construct, reconstruct or improve facilities located or to be located on property owned, leased, or otherwise used by an institution, consisting of sports facilities and the buildings, structures, properties and appurtenances related thereto, or incidental to, necessary for, or complementary to those sports facilities, such facilities to include driveways, access roads, approaches, parking areas, parks, recreation areas, vending facilities, restaurants, transportation structures, systems and equipment, furnishings and all other structures and appurtenances related or incidental to, necessary for, or complementary to the purposes of those facilities.

(12) To acquire by purchase, lease, or otherwise, including all right, title and interest of the Greater Wildwood Tourism Improvement Development Authority in any property, and to develop, construct, operate, own, lease, manage, repair, reconstruct, restore, improve, enlarge or otherwise effectuate, either directly or through lessees, licensees or agents, a convention center facility in the City of Wildwood, Cape May County, consisting of and including any existing and acquired buildings, structures, properties and appurtenances and including restaurants, retail businesses, access roads, approaches, parking areas, transportation structures and systems, recreation areas, equipment, furnishings, vending facilities, and all other structures and appurtenances incidental to, necessary for, or complementary to the purpose of such Wildwood convention center facility. In connection therewith, the authority is expressly authorized to:

(a) assume any existing mortgages, leaseholds or other contractual obligations or encumbrances with respect to the site of the Wildwood convention center facility and any other existing and acquired buildings, structures, properties, and appurtenances;

(b) enter into agreements with a local public body or bodies providing for any necessary financial support or other assistance for the operation and maintenance of such Wildwood convention center facility from taxes or other sources of the local public body or bodies as shall be made available for such purposes;

(c) to the extent permitted by law and by the terms of the bonds or notes issued to finance the Wildwood convention center facility, transfer its ownership interest or other rights with respect to the convention center facility to another State authority or agency;

(d) upon payment of all outstanding bonds and notes issued therefore, transfer its ownership interest and other rights with respect thereto to such other public body as shall be authorized to own and operate such a facility; and

(e) convert any existing convention hall or any facilities, structures or properties thereof, or any part thereof, not disposed of by the authority, to any use which the authority shall determine to be consistent with the operation of the Wildwood convention center facility.

b. The authority, pursuant to the provisions of P.L.1971, c.137 (C.5:10-1 et seq.), is authorized (1) to make, as part of any of the projects, capital contributions to others for transportation and other facilities, and accommodations for the public's use of any of those projects, (2) to lease any part of any of those project sites not occupied or to be occupied by the facilities of any of those projects, for purposes determined by the authority to be consistent with or related to the purposes of those projects, including, but not limited to, hotels and other accommodations for transients and other facilities related to or incidental to any of those projects, and (3) to sell or dispose of any real or personal property, including, but not limited to, such portion of the site of any of those projects not occupied or to be occupied by the facilities of any of those projects, at not less than the fair market value of the property, except in the case of sale or disposition to the State, any political subdivision of the State or any agency or instrumentality of the State or any political subdivision of the State.

c. Revenues, moneys or other funds, if any, derived from the operation or ownership of the meadowlands complex, including the conduct of horse race meetings, shall be applied, in accordance with the resolution or resolutions authorizing or relating to the issuance of bonds or notes of the authority, to the following purposes and in the following order:

(1) The costs of operation and maintenance of the meadowlands complex and reserves therefor;

(2) Principal, sinking fund installments and redemption premiums of and interest on any bonds or notes of the authority payable from such revenues, moneys or other funds and issued for the purposes of the meadowlands complex or for the purposes of refunding the same, including reserves and payments with respect to credit agreements therefor;

(3) The costs of any major or extraordinary repairs, renewals or replacements with respect to the meadowlands complex or incidental improvements thereto, not paid pursuant to paragraph (1) above, including reserves therefor;

(4) Payments required to be made pursuant to section 18b.;

(5) Payments authorized to be made pursuant to section 18c.;

(6) Except to the extent payments with respect to bonds or notes are provided with priority in accordance with paragraph (2) of this subsection, payments required to be made in accordance with the resolution authorizing or relating to the issuance of bonds or notes of the authority, for the purposes of any project authorized by this act, including payments and reserves with respect to any bonds or notes of the authority with respect to the meadowlands complex which are not provided with priority in accordance with paragraph (2) of this subsection;

(7) Payments required to be made to repay any obligation incurred by the authority to the State;

(8) The balance remaining after application in accordance with the above shall be deposited in the General State Fund, provided that (a) there shall be appropriated for authorized State purposes from the amount so deposited that amount which shall be calculated by the State Treasurer to be the debt service savings realized with respect to the refinancing of the initial project as defined in section 1 of P.L.1973, c.286 (C.5:10-14.1) at the meadowlands complex, by the issuance of bonds of the authority guaranteed by the State, and (b) after such appropriation, 40% of any balance remaining from the amounts so deposited shall be appropriated to the Meadowlands Commission for any of its purposes authorized by P.L.1968, c.404, and any amendments or supplements thereto.

d. Revenues, moneys or other funds, if any, derived from the operation or ownership of any project other than the meadowlands complex, the Atlantic City convention center project, or the Wildwood convention center facility and other than a baseball stadium project or an office complex project located on the site of a baseball stadium shall be applied for such purposes, in such manner and subject to such conditions as shall be provided in the resolution authorizing or relating to the issuance of bonds or notes of the authority for the purposes of such project, and the balance, if any, remaining after such application may be applied, to the extent not contrary to or inconsistent with the resolution, in the following order (1) to the purposes of the meadowlands complex, unless otherwise agreed upon by the State Treasurer and the authority, (2) to the purposes of any other project of the authority; and, the balance remaining, if any, shall be deposited in the General Fund.

e. Revenues, moneys or other funds, if any, derived from the operation, ownership, or leasing of a baseball stadium project or an office complex project located on the site of a baseball stadium shall be applied for the purposes, in the manner and subject to the conditions as shall be provided in the resolution authorizing or relating to the issuance of bonds or notes of the authority for the purposes of a baseball stadium project or an office complex project located on the site of a baseball stadium, if any, and the balance, if any, remaining after such application shall be applied, to the extent not contrary to or inconsistent with the resolution, to the following purposes and in the following order:

(1) The costs of operation and maintenance of a baseball stadium project and an office complex project located on the site of a baseball stadium and reserves therefor;

(2) Payments made to repay the bonded indebtedness incurred by the authority for the purposes of a baseball stadium project or an office complex project located on the site of a baseball stadium;

(3) Payments equivalent to an amount required to be made by the State for payments in lieu of taxes pursuant to P.L.1977, c.272 (C.54:4-2.2a et seq.);

(4) The balance remaining after application in accordance with the above shall be deposited in the General Fund.

f. Revenues, moneys or other funds, if any, derived from the operation, ownership or leasing of the Atlantic City convention center project shall be applied to the costs of operating and maintaining the Atlantic City convention center project and to the other purposes set forth in this subsection as shall be provided by resolution of the authority.

Luxury tax revenues paid to the authority by the State Treasurer pursuant to section 14 of P.L.1991, c.375 (C.5:10-14.4) shall be deposited by the authority in a separate fund or account and applied to the following purposes and in the following order:

(1) To pay the principal, sinking fund installments and redemption premiums of and interest on any bonds or notes of the authority, including bonds or notes of the authority issued for the purpose of refunding bonds or notes, issued for purposes of (i) the initial acquisition of the existing properties which will constitute part of the Atlantic City convention center project, if the bonds or notes shall be payable under the terms of the resolution of the authority relating thereto from luxury tax revenues, or (ii) providing improvements, additions or replacements to the Atlantic City convention center project, if the bonds or notes shall be payable under the terms of the resolution of the authority relating thereto from luxury tax revenues; and to pay any amounts due from the authority under any credit agreement entered into by the authority in connection with the bonds or notes.

(2) To pay the costs of operation and maintenance of the Atlantic City convention center project.

(3) To establish and maintain a working capital and maintenance reserve fund for the Atlantic City convention center project in an amount as shall be determined by the authority to be necessary.

(4) To repay to the State those amounts paid by the State with respect to bonds or notes of the authority issued for the purposes of the Atlantic City convention center project.

(5) The balance of any luxury tax revenues not required for any of the foregoing purposes and remaining at the end of any calendar year shall be paid to the State Treasurer for application to purposes in the city of Atlantic City pursuant to section 5 of P.L.1981, c.461 (C.40:48-8.30a).

The authority may pledge the luxury tax revenues paid to it as provided for in section 14 of P.L.1991, c.375 (C.5:10-14.4) as security for the payment of the principal of and interest or premium on its bonds or notes issued for the purposes set forth above in paragraph (1) of this subsection f. in the same manner, to the same extent and with the same effect as the pledge of any of its other revenues, receipts and funds authorized by P.L.1971, c.137 (C.5:10-1 et seq.).

g. Revenues, moneys or other funds, if any, derived from the ownership or operation of the Wildwood convention center facility shall be applied to the costs of operating and maintaining the Wildwood convention center facility and to the other purposes set forth in this subsection as shall be provided by resolution of the authority.

The tourism related tax revenues paid to the authority pursuant to subsection f. of section 14 of P.L.1992, c.165 (C.40:54D-14) shall be deposited by the authority in a separate fund or account and applied to any or all of the following purposes pursuant to an allocation of funds approved by the State Treasurer in writing and in advance of any application of such funds:

(1) to pay amounts due with respect to any obligations transferred to the authority pursuant to section 17 of P.L.1997, c.273 (C.40:54D-25.1) pertaining to the Wildwood convention center facility:

(2) to repay to the State those amounts paid with respect to bonds or notes of the authority issued for the purposes of the Wildwood convention center facility;

(3) to pay the cost of operation and maintenance reserve for the Wildwood convention center facility;

(4) to establish and maintain a working capital and maintenance of the Wildwood convention center facility.

The balance, if any, of any tourism related tax revenues not allocated to any of the purposes set forth in the previous paragraphs and remaining at the end of the calendar year shall be paid to the State Treasurer for deposit in the General Fund.

(cf: P.L.1997, c.273, s.20)

45. Section 18 of P.L.1971, c.137 (C.5:10-18) is amended to read as follows:

18. a. All projects and other property of the authority is hereby declared to be public property devoted to an essential public and governmental function and purpose and shall be exempt from all taxes and special assessments of the State or any political subdivision thereof; provided, however, that when any part of the project site not occupied or to be occupied by facilities of the project is leased by the authority to another whose property is not exempt and the leasing of which does not make the real estate taxable, the estate created by the lease and the appurtenances thereto shall be listed as the property of the lessee thereof, or his assignee, and be assessed and taxed as real estate. All bonds or notes issued pursuant to the act are hereby declared to be issued by a body corporate and public of the State and for an essential public and governmental purpose and such bonds and notes, and the interest thereon and the income therefrom, and all funds, revenues, income and other moneys received or to be received by the authority and pledged or available to pay or secure the payment of such bonds or notes, or interest thereon, shall at all times be exempt from taxation except for transfer, inheritance and estate taxes.

b. To the end that there does not occur an undue loss of future tax revenues by reason of the acquisition of real property by the authority for the meadowlands complex or for any off-track wagering facility or account wagering system facility established pursuant to P.L. , c. (C. )(now pending before the Legislature as this bill), the authority annually shall make payments in-lieu-of-taxes to the municipality in which such property is located in an amount computed in each year with respect to each such municipality by multiplying the total amount to be raised by real property taxation in each such year by a fraction, the numerator of which is the amount of real property taxes assessed against the property acquired by the authority in the tax year in which this act becomes effective and the denominator of which is the total amount to be raised by real property taxation in such municipality in the tax year in which this act becomes effective. Such payments shall be made in each year commencing with the first year subsequent to the year in which such real property shall have been converted from a taxable to an exempt status by reason of acquisition thereof by the authority.

c. The authority is further authorized and empowered to enter into any agreement or agreements with the Meadowlands Commission or with any county or municipality located in whole or part within the Hackensack meadowlands whereby the authority will undertake to pay any additional amounts to compensate for any loss of tax revenues by reason of the acquisition of any real property by the authority for the meadowlands complex or to pay amounts to be used by such commission, county or municipality in furtherance of the development of the Hackensack meadowlands, including the meadowlands complex. The commission and every such county and municipality is authorized and empowered to enter into such agreements with the authority and to accept payments which the authority makes thereunder.

d. All payments to municipalities pursuant to subsections b. and c. shall be treated as payments in-lieu-of-property taxes for all purposes of article 9 of P.L.1968, c.404 (C.13:17-60 to 13:17-76).

(cf: P.L.1971, c.137, s.18)

46. Section 104 of P.L.1977, c.110 (C.5:12-104) is amended to read as follows:

104. a. (1) Unless otherwise provided in this subsection, no agreement which provides for the payment, however defined, of any direct or indirect interest, percentage or share of any money or property gambled at a casino or simulcasting facility or derived from casino gaming activity or wagering at a simulcasting facility of any such interest, percentage, or share of any revenues, profits or earnings of a casino or simulcasting facility shall be lawful.

(2) Agreements which provide only for the payment of a fixed sum which is in no way affected by the amount of any such money, property, revenues, profits or earnings shall not be subject to the provisions of this subsection; and receipts, rentals or charges for real property, personal property or services shall not lose their character as payments of a fixed sum because of contract, lease, or license provisions for adjustments in charges, rentals or fees on account of changes in taxes or assessments, cost-of-living index escalations, expansion or improvement of facilities, or changes in services supplied.

(3) Agreements between a casino licensee and its employees which provide for casino employee or casino key employee profit sharing and which are in writing and have been filed with the commission shall be lawful and effective only if expressly approved as to their terms by the commission.

(4) Agreements to lease an approved casino hotel or the land thereunder and agreements for the complete management of all casino gaming operations in a casino hotel shall not be subject to the provisions of this subsection but shall rather be subject to the provisions of subsections b. and c. of section 82 of this act.

(5) Agreements which provide for percentage charges between the casino licensee and a holding company or intermediary company of the casino licensee shall be in writing and filed with the commission but shall not be subject to the provisions of this subsection.

(6) Agreements relating to simulcast racing and wagering between a casino licensee and an in-State or out-of-State sending track licensed or exempt from licensure in accordance with subsection c. of section 92 of P.L.1977, c.110 (C.5:12-92) shall be in writing, be filed with the commission, and be lawful and effective only if expressly approved as to their terms by the commission and the New Jersey Racing Commission, except that any such agreements which provide for a percentage of the parimutuel pool wagered at a simulcasting facility to be paid to the sending track shall not be subject to the provisions of paragraph (1) of this subsection.

(7) Agreements relating to simulcast racing and wagering between a casino licensee and a casino service industry licensed pursuant to the provisions of subsection a. of section 92 of P.L.1977, c.110 (C.5:12-92) as a hub facility[, as defined in joint regulations of the Casino Control Commission and the New Jersey Racing Commission,] shall be in writing, be filed with the commission, and be lawful and effective only if expressly approved as to their terms by the commission and the New Jersey Racing Commission, except that any such agreements which provide for a percentage of the casino licensee's share of the parimutuel pool wagered at a simulcasting facility to be paid to the hub facility shall not be subject to the provisions of paragraph (1) of this subsection. As used in this paragraph, "hub facility" means a facility located in this State which acts as an intermediary between a casino simulcasting facility and a sending track with respect to the transmission of parimutuel wagering data and which is responsible for generating all reports necessary for the reconciliation of payments between casino licensees, sending tracks and the New Jersey Racing Commission. The hub facility also may perform, but is not required to, other functions including the transmission of pictures of simulcast horse races and parimutuel non-wagering data. Nothing herein shall preclude a hub facility from utilizing a transaction processor located outside of this State.

(8) Agreements relating to simulcast racing and wagering between a casino licensee and a casino service industry licensed pursuant to the provisions of subsection a. of section 92 of P.L.1977, c.110 (C.5:12-92) to conduct casino simulcasting in a simulcasting facility shall be in writing, be filed with the commission, and be lawful and effective only if expressly approved as to their terms by the commission, except that any such agreements which provide for a percentage of the casino licensee's share of the parimutuel pool wagered at a simulcasting facility to be paid to the casino service industry shall not be subject to the provisions of paragraph (1) of this subsection.

b. Each casino applicant or licensee shall maintain, in accordance with the rules of the commission, a record of each written or unwritten agreement regarding the realty, construction, maintenance, or business of a proposed or existing casino hotel or related facility. The foregoing obligation shall apply regardless of whether the casino applicant or licensee is a party to the agreement. Any such agreement may be reviewed by the commission on the basis of the reasonableness of its terms, including the terms of compensation, and of the qualifications of the owners, officers, employees, and directors of any enterprise involved in the agreement, which qualifications shall be reviewed according to the standards enumerated in section 86 of this act. If the commission disapproves such an agreement or the owners, officers, employees, or directors of any enterprise involved therein, the commission may require its termination.

Every agreement required to be maintained, and every related agreement the performance of which is dependent upon the performance of any such agreement, shall be deemed to include a provision to the effect that, if the commission shall require termination of an agreement pursuant to this subsection, such termination shall occur without liability on the part of the casino applicant or licensee or any qualified party to the agreement or any related agreement. Failure expressly to include such a provision in the agreement shall not constitute a defense in any action brought to terminate the agreement. If the agreement is not maintained or presented to the commission in accordance with commission regulations, or the disapproved agreement is not terminated, the commission may pursue any remedy or combination of remedies provided in this act.

For the purposes of this subsection, "casino applicant" includes any person required to hold a casino license pursuant to section 82 of P.L.1977, c.110 (C.5:12-82) who has applied to the commission for a casino license or any approval required under P.L.1977, c.110 (C.5:12-1 et seq.).

c. Nothing in this act shall be deemed to permit the transfer of any license, or any interest in any license, or any certificate of compliance or any commitment or reservation.

(cf: P.L.1996, c.84, s.7)

47. Section 2 of P.L.1993, c.229 (C.26:2-169) is amended to read as follows:

2. The Department of Health and Senior Services shall develop criteria which [a] prevention, education and treatment [program] programs for compulsive gamblers shall meet in order to become eligible for a grant from the funds made available for such [treatment] programs pursuant to section 145 of P.L.1977, c.110 (C.5:12-145). The department shall also develop a formula for the distribution of available funds which will result in an equitable distribution among the programs which meet the eligibility criteria and apply for grants.

The department shall submit a report to the Senate Budget and Appropriations Committee and the Assembly Appropriations Committee, or their successors, describing the criteria developed pursuant to this section and detailing the amount of grants distributed and the names of the programs receiving grants. The department shall submit the report annually to both committees.

(cf: P.L.1993, c.229, s.2)

48. This act shall take effect immediately.

STATEMENT

This bill authorizes the establishment of an off-track wagering system in this State consisting of one or more off-track wagering facilities at which parimutuel wagering will be conducted on simulcast horse races. A maximum of 15 licensed off-track wagering facilities would be permitted (not more than eight during the first two years after the legislation's effective date). The bill also authorizes the establishment of an account wagering system through which persons may wager on horse races by phone or other electronic means.

Off-track Wagering

The New Jersey Racing Commission is authorized to issue licenses to applicants to permit off-track wagering at specified off-track wagering facilities. As part of the licensing process, an applicant must demonstrate to the commission that it: (1) held a permit to conduct a race horse meeting in 1999, (2) has complied with the terms of the permit, (3) is in good standing with the commission and the State, and (4) has entered into a contract, called a "participation agreement", with every other entity that meets criteria (1) through (3). It is envisioned that through the participation agreement, current and future permit holders will come to a consensus on a variety of issues, including various aspects of the off-track wagering facility itself and how certain profits generated from the facility will be divided among the permit holders. Through the participation agreement, it is anticipated that current and future permit holders will work together to establish a State-wide, collective-style off-track wagering system.

The bill grants the commission oversight of the entire licensing process, including many aspects of the off-track wagering facility itself, such as site plans and the location of the facility and the amenities to be offered at the facility. The commission will be required to hold a public hearing in the municipality where an off-track wagering facility is proposed to be located. The Attorney General is given the power to approve or disapprove the commission's decision to grant an off-track wagering license.

The bill provides methods for determining how money wagered at an off-track wagering facility will be allocated.

Other provisions relating to off-track wagering:

require an applicant for an off-track wagering license to include in the certification submitted to the Racing Commission information as to whether the proposed off-track wagering facility complies with local zoning and planning requirements;

prohibit the issuance of a license or permit for the sale of alcoholic beverages at an off-track wagering facility located in a municipality which does not authorize the retail sale of alcoholic beverages;

provide that notice of the public hearing to be held in a municipality in which a proposed off-track wagering facility is to be located, in addition to being published at least once in a daily newspaper and in a weekly newspaper, at least 15 days prior to the hearing, shall also be published in a daily newspaper on the third day preceding the hearing and in a weekly newspaper in circulation on the third day preceding the hearing; and

require the Racing Commission to give due consideration to whether a proposed off-track wagering facility complies with local zoning and planning requirements when reviewing an application for an off-track wagering facility that is not subject to local zoning and planning requirements pursuant to the power of the Sports and Exposition Authority.

Account Wagering

The New Jersey Racing Commission is authorized to issue licenses to applicants to participate in an account wagering system. As part of the licensing process, an applicant must demonstrate to the commission that it: (1) held a permit to conduct a race horse meeting in 1999 and conducted at least 50 live race dates during that year, (2) has complied with the terms of the permit, (3) is in good standing with the commission and the State, and (4) has entered into a participation agreement with every other entity that meets criteria (1) through (3). The participation agreement for the account wagering system would serve a similar function as the participation agreement for the off-track wagering system.

As with the off-track wagering system, the bill grants the commission oversight of the entire licensing process of the account wagering system.

The bill contains provisions which relate to the opening and maintenance of a wagering account within the system, how credits and debits will be made to a wagering account, and how an account wagering licensee may accept account wagers.

Again, the bill provides methods for determining how money wagered through the account wagering system will be allocated.

Other Provisions

The bill also:

provides for the determination of the amount of funds needed by the New Jersey Racing Commission for its activities and identifies sources to provide those funds, including an annual assessment upon racing permit holders, if necessary;

provides for an annual assessment, beginning on July 1, 2000, against permit holders in the amount of $200,000 to be appropriated to the Department of Health and Senior Services and used to fund prevention, education and treatment programs for compulsive gambling, such as those provided by the Council on Compulsive Gambling;

establishes the New Jersey Racing Industry Special Fund and provides that a portion of monies wagered at off-track wagering facilities or through the account wagering system will be allocated to the fund, to be distributed for purse money and various programs;

provides that of the money in the New Jersey Horse Racing Industry Special Fund, 46% will be disbursed by the commission as follows: 50% to permit holders conducting harness racing and 50% to permit holders conducting thoroughbred racing; and 46% will be disbursed by the commission as follows: 30% to permit holders conducting harness racing and 70% to permit holders conducting thoroughbred racing, with these distributions terminating five years from the date that the first off-track wagering facility opens; and 8% will be distributed by the commission as follows: 50% to harness funds and 50% to thoroughbred funds;

provides that property held or acquired by the New Jersey Sports and Exposition Authority for off-track wagering facilities is public property exempt from taxation but for which the authority will make in-lieu-of-taxes payments;

addresses the licensing and registration of all employees involved with off-track wagering and account wagering;

requires minutes of all commission meetings to be submitted to the Governor for approval;

authorizes the commission to promulgate rules and regulations to effectuate the provisions of the bill;

amends current law dealing with sale of alcoholic beverages on public property, Sports and Exposition Authority projects and payments to be made by the authority, to recognize off-track wagering facilities and the account wagering system;

provides that a municipality in which an off-track wagering facility is located will provide the facility with the same municipal services provided to other commercial properties;

requires a "hub facility" licensed as a casino service industry to be located in New Jersey, but permits a hub facility to use a "transaction processor" located outside of this State;

gives racetrack employees working in the admissions department or parimutuel clerk department, and employees of a racetrack's food and beverage vendor, a "one-time right of first refusal offer of employment" for similar positions at each off-track wagering facility as it opens, and with each account wagering licensee as the licensee implements account wagering;

provides that if an off-track wagering facility is located at, or in proximity to, a former racetrack, employees of the racetrack's admissions department or parimutuel clerk department, and employees of the racetrack's food and beverage vendor, employed when the racetrack closed, will be given a "one-time right of first refusal offer of employment" for similar positions at the off-track wagering facility and will receive preference for such positions over employees of other racetracks;

provides that racetrack employees who receive preference for employment at an off-track wagering facility or with an account wagering licensee will not suffer any reduction in seniority, pay or employer contribution to pension and health benefits and will receive a "substantially equivalent level of benefits";

provides that for the calendar year in which the first off-track wagering facility is opened, and for each of the four calendar years thereafter, the Sports and Exposition Authority will schedule no fewer than 124 thoroughbred race dates and no fewer than 151 standardbred race dates, and Freehold Raceway will schedule no fewer than 192 standardbred race dates; and

provides that the Department of Health and Senior Services will develop criteria which must be met by prevention, education and treatment programs for compulsive gamblers in order for these programs to receive certain grant money (existing law refers only to treatment programs).