New Jersey Assembly Bill ACR85

New Jersey 2022-2023 Regular Session

• Introduced: 2/7/22
• Refer: 2/7/22

Caption

Invalidates or prohibits adoption of rule by New Jersey Racing Commission requiring permitholder to submit advance written notice and list of qualified personnel to continue operations during failure to enact annual appropriation law.

Impact

If adopted, ACR85 would effectively nullify the requirement imposed by N.J.A.C.13:70-1.42. By doing so, it would simplify operational protocols for racetrack operators during emergency situations by alleviating the burden of compliance with advanced notice requirements, thereby ensuring that they can continue their operations without interruption even in the absence of an annual budget.

Summary

ACR85 is a Concurrent Resolution introduced in the New Jersey Legislature to invalidate a rule proposed by the New Jersey Racing Commission. This rule required permitholders to submit advance written notice along with a list of qualified personnel prior to continuing operations during a state shutdown resulting from the failure to enact the annual appropriation law. The resolution aims to assert that the rule is inconsistent with the legislative intent as expressed in existing statutes, particularly N.J.S.A.5:5-22.3, which allows operations to continue for a limited period during such emergencies without additional procedural hurdles.

Contention

Contention around ACR85 lies in the balance between regulatory oversight and operational flexibility for permitholders. Proponents of the resolution argue that the stringent requirements place an undue burden on racetrack operators, particularly in emergencies when quick decision-making is crucial. In contrast, those in favor of regulatory measures might argue that the initial rule was designed to ensure proper governance and organization within racing entities, especially concerning qualifications of personnel during critical operational periods.