ACR186 —

ACR186 ATG Statement 9/13/18 ASSEMBLY TOURISM, GAMING AND THE ARTS COMMITTEE   STATEMENT TO   ASSEMBLY CONCURRENT RESOLUTION No.

186   STATE OF NEW JERSEY 218th LEGISLATURE   INTRODUCEDDATED: JULY 30, 2018     Sponsored by:

Assemblyman  SEPTEMBER RONALD13, S.2018         The Assembly Tourism, Gaming and the Arts Committee reports favorably Assembly Concurrent Resolution No.

DANCER186. District 12 (Burlington, Middlesex, Monmouth and Ocean) Assemblywoman  CAROL A.

MURPHY     DistrictIn 7this (Burlington)concurrent Assemblyman resolution ERICthe HOUGHTALINGLegislature Districtfinds 11that (Monmouth)N.J.A.C.13:70-1.42,  a  rule     SYNOPSIS      Invalidates or prohibits adoption of rulethe by New Jersey Racing Commission requiring permitholderpermitholders to submit advancecertain writteninformation noticemore andthan list30 ofdays qualifiedprior personnel to continuea operationsState duringshutdown due to the failure to enact an annual appropriation law.act in order to remain open for seven days during such a shutdown, is not consistent with legislative intent as expressed in the language of N.J.S.A.5:5-22.3 and transmits this finding by this concurrent resolution to the Governor and the head of the New Jersey Racing Commission and that agency shall have 30 days to amend or withdraw that rule or regulation.

  CURRENT VERSION OF TEXT      As introduced.

   A Concurrent Resolution concerning legislative review of rules and regulations pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey and invalidating or prohibiting the adoption of a rule by the New Jersey Racing Commission requiring a permitholder to submit to the commission advance written notice and a list of qualified personnel who will fill regulatory positions in order to continue operations for up to seven days due to the failure to enact an annual appropriation law.

  Whereas, Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation adopted or proposed by an administrative agency to determine if it is consistent with the intent of the Legislature, and invalidate an adopted rule or regulation or prohibit the adoption of a proposed rule or regulation if it finds that the rule or regulation is not consistent with legislative intent;

and Whereas, Upon finding that a rule or regulation, either proposed or adopted, is not consistent with legislative intent, Article V, Section IV, paragraph 6 provides that the Legislature shall transmit its findings in the form of a concurrent resolution to the Governor and the head of the Executive Branch agency which promulgated, or plans to promulgate, the rule or regulation, and the agency shall have 30 days from the time the concurrent resolution is transmitted to amend or withdraw the rule or regulation;

and Whereas, If the agency does not amend or withdraw the existing or proposed rule or regulation, Article V, Section IV, paragraph 6 provides that the Legislature may invalidate or prohibit the adoption of the proposed rule or regulation, following a public hearing held by either House on the invalidation or prohibition, the placement of a transcript of the public hearing on the desks of the members of each House of the Legislature in open meeting followed by the passage of at least 20 calendar days, and a vote of a majority of the authorized membership of each House in favor of a concurrent resolution invalidating or prohibiting the adoption of the rule or regulation;

and Whereas, N.J.S.A.5:5-22.3 permits racetracks and off-track wagering facilities to continue operations for up to seven days if a state of emergency is declared due to the failure to enact an annual appropriations law by July 1st of any year;

and Whereas, The New Jersey Racing Commission adopted a new rule, N.J.A.C.13:70-1.42, providing that a permitholder who wishes to continue operations during that seven-day period must provide written notice to the commission on or before June 1st along with a list of all qualified persons who will be hired to fill necessary regulatory positions;

and Whereas, The application of a statute should not be negated by the technical failure to provide notice and a list and requiring this by regulation is an overreach that defeats the purpose and scheme of the statute to permit seven days of operation following an emergency resulting from the failure to enact an annual appropriation law;

and Whereas, That regulation is contrary to the spirit and intent of the Legislature as expressed in the language of the statute which the rule is intended to implement;

and Whereas, The Legislature finds that N.J.A.C.13:70-1.42 is not consistent with legislative intent and transmits this finding by this concurrent resolution to the Governor and the head of the New Jersey Racing Commission and that agency shall have 30 days to amend or withdraw that rule or regulation;

now, therefore,        Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

       1.    The Legislature finds that N.J.A.C.13:70-1.42 is not consistent with legislative intent as expressed in the language of N.J.S.A.5:5-22.3 and transmits this finding by this concurrent resolution to the Governor and the head of the New Jersey Racing Commission and that agency shall have 30 days to amend or withdraw that rule or regulation.

       2.    The Secretary of the Senate or the Clerk of the General Assembly shall transmit a copy of this concurrent resolution to the Governor, the New Jersey Racing Commission, and the Office of Administrative Law.

    STATEMENT        In this concurrent resolution the Legislature finds that N.J.A.C.13:70-1.42, a rule of the New Jersey Racing Commission requiring permitholders to submit certain information more than 30 days prior to a State shutdown due to the failure to enact an annual appropriation act in order to remain open for seven days during such a shutdown, is not consistent with legislative intent as expressed in the language of N.J.S.A.5:5-22.3 and transmits this finding by this concurrent resolution to the Governor and the head of the New Jersey Racing Commission and that agency shall have 30 days to amend or withdraw that rule or regulation.