Tag Archives: Raymond Lesniak

Legal sports betting and Constitutional questions

Federal law prohibits betting on sports in all of the United States, with a few narrow exceptions. Be that as it may, several state governments now want to license brick-and-mortar venues to offer wagering on sports. Sooner or later, the controversy will have to be tried in federal court.

Last week I wrote an article for Global Betting & Gaming Consultants exploring the potential path to legalized sports betting in the United States. The article explains that ultimately federal courts must decide whether the Professional and Amateur Sports Protection Act (PASPA) is consistent with the U.S. Constitution.

A federal court action would focus on two distinct issues: 1) whether the Tenth Amendment to the Constitution reserves for each of the 50 states the right to provide their own laws for sports betting, and 2) whether the Interstate Commerce Clause gives power to the federal government to make laws for sports betting.

These issues will in any event take years to settle.

Please visit the website of Global Betting & Gaming Consultants to read the full article: New Jersey’s Rush for Sports Betting Must Blast Through Federal Courts.

New Jersey S1565 has great prospects of enactment

New Jersey’s plan to legalize internet wagering, Senate Bill 1565, has great prospects of enactment this session. A similar bill passed both chambers of the legislature last session but failed to become law because Governor Chris Christie refused to sign it. But 2012-2013 is a new legislative session, and there are good reasons to expect the governor could soon be ready to sign.

The political atmosphere has changed dramatically since last session’s bill died on Governor Christie’s desk. The federal Justice Department used to be an obstacle, but in December of 2011 the agency declared it would not interfere if a state wants to allow internet gambling. In response, legislatures across the country are now finally becoming informed about the practical realities of internet gambling policy.  And of course there remains strong public support for legalization and the taxable revenues that could be reclaimed from foreign operators.

As evidence suggesting Governor Christie could sign a bill, consider the comments his office seems to have made to a Reuters reporter in January:

“I think we should be an epicenter for that business, but I want to do it right — I do not want to rush and get legislation that either doesn’t pass state constitutional muster, or creates other problems for us.” –Christie spokesperson confirming the governor’s remarks, see Reuters article: Chris Christie:  New Jersey Should Be Online Gambling’s ‘epicenter.’

Another article, published on Philly.com today, speculates further about the decision that awaits Governor Christie: Politics May be behind Christie’s change of heart.

There is good reason to expect S1565 can pass the legislature because it is nearly identical to the bill that passed both chambers last year. The one and only difference is potentially significant though. Last session’s bill would have required licensed operators to collectively raise $20 million to be delivered to the New Jersey Racing Commission every year for three years. This session’s S1565 does not contain such a provision.

Like last session, Senator Raymond Lesniak is the lead sponsor of the internet wagering bill. Senator Lesniak has served New Jersey’s legislature since 1978. He is Chair of the Senate Economic Growth Committee, Vice-Chair of the Senate Commerce Committee, and a member of the Senate Judiciary Committee.

S1565’s second sponsor, Senator Jim Whelan, is both a former Council Member and a former Mayor of Atlantic City. Senator Whelan has served the legislature since 2006. He chairs the Senate State Government, Wagering, Tourism, and Historic Preservation Committee. He is also a member of the Senate Environment and Energy Committee and a member of the Senate Health, Human Services, and Senior Citizens Committee.

S 1565 has already passed two Senate committees. It passed Senator Whelan’s State Government, Wagering, and Tourism Committee by vote of 3-0 (with 2 abstentions)  on March 5. Then it passed the Senate Budget and Appropriations Committee by vote of 11-0 (with 1 not voting and 1 abstention) on April 3. Now it heads to the floor of the Senate.

The General Assembly’s internet wagering bill is A2578. It is sponsored by Assemblymen John Burzichelli, Vincent Prieto, Ruben Ramos, Jr., and Louis Greenwald. Assemblyman Ramos is chair of the Assembly Regulatory Oversight and Gaming Committee while Assemblyman Burzichelli is vice-chair of the committee. A hearing of their committee is anticipated soon, potentially this week.

The New Jersey plan would allow only Atlantic City casinos to operate internet wagering.

New Jersey S1565 passes Senate budget committee

A bill to license and regulate internet gambling within the territorial borders of New Jersey easily passed a vote by the State Senate’s Budget and Appropriations Committee on April 3 by a vote of 11-0 (with 1 not voting and 1 abstention).  Now the bill heads to the floor of the Senate.

Senate Bill 1565 seeks to legalize internet gambling by way of supplementing New Jersey’s Casino Control Act with provisions related to the regulation of games on the internet. Casino games and poker would be permitted but not sports betting. The only entities that would be allowed to operate games on the internet are licensed Atlantic City casinos.

Sponsored by Senators Raymond Lesniak and Jim Whelan, S1565 is very similar to a bill that moved swiftly and easily through the legislature last year but failed to become enacted after Governor Chris Christie refused to sign it. In recent weeks there has been much speculation in both industry journals and mainstream media as to whether Governor Christie might now be ready to sign an internet gambling bill, but his office has not issued a statement on the matter.

No action on S1565 has been scheduled on the floor of the Senate yet, but a vote seems certain.

Legalized Games

S1565 would enable licensed Atlantic City casinos to operate all of the same games on the internet that they operate in their brick-and-mortar casinos.

Eligible License Applicants

The only entities who would be able to operate internet gambling in New Jersey are licensed Atlantic City casinos. Operators would be required to locate all equipment for conducting internet wagering in a secure location in Atlantic City.

Taxes and fees

Operators would be taxed at 10% of gross revenues from internet wagering. This compares to an 8% tax on gross revenues from brick-and-mortar operations.

The initial license fee would be at least $200,000 and then subsequent annual renewal fees would be $100,000.

Agency Duties

New Jersey’s Division of Gaming Enforcement would be responsible for recommending internet wagering regulations to New Jersey’s Gaming Control Commission. Additionally, the Division of Gaming Enforcement would create an Office of Internet Wagering to perform duties related to internet gambling regulation.