5:5-38.2 Issuance of special horse racing permit for certain special steeplechase races, wagering, simulcasting.

1. a. Notwithstanding the provisions of section 1 of P.L.1949, c.26 (C.5:5-39.1) or any other law to the contrary, the commission may grant a special permit, to a permit holder in good standing authorized to conduct running races in this State, for the holding or conducting of a special steeplechase race meeting at a location other than a racetrack, provided that the special steeplechase race meeting is conducted in conjunction with an organization that has experience conducting steeplechase races pursuant to section 54 of P.L.1940, c.17 (C.5:5-74), and provided that the special steeplechase race meeting is recognized by the National Steeplechase and Hunt Association. A special permit granted pursuant to this subsection shall be subject to the jurisdiction of the commission.

b. The commission may grant only one special permit pursuant to subsection a. of this section per calendar year, which shall be valid only for the calendar year in which it is issued. Any running race permit holder in good standing may apply for the special permit. The number of racing days authorized pursuant to the special permit shall not exceed two days in a calendar year. Any racing day that is run pursuant to the special permit shall count toward the total number of racing days allotted to the running race permit holder.

c. A permit holder that is granted a special permit pursuant to this section shall keep and maintain separate books and records for the special steeplechase race meeting to the same extent as is required of a permit holder and shall file such report and audits as may otherwise be required on or before such date as the commission may designate.

d. Sums in the parimutuel pools shall be distributed as if the special steeplechase race meeting is held at the location for which the special permit holder holds a running race permit, as provided in chapter 5 of Title 5 of the Revised Statutes, except that the special permit holder may enter into a contractual agreement with the organization with which the permit holder is conducting the special steeplechase race meeting providing for the distribution of money that would otherwise statutorily be distributed to the permit holder.

e. Notwithstanding the provisions of any other law to the contrary, simulcasting of a special running race meeting authorized by this section shall be conducted as if the special running race meeting is held at the location for which the special permit holder holds a running race permit, except that the special permit holder may also transmit the simulcast signal to the racetrack for which the special permit holder holds a running race permit. The simulcasting within this State of a special running race meeting authorized by this section shall not require the consent of any horsemen's organization and shall be made available at the industry standard rate. Upon application to and approval by the commission, the holder of a special permit granted pursuant to subsection a. of this section may transmit simulcast horse races of the special running race meeting to any facility outside of New Jersey with which the special permit holder has entered into an agreement.

f. Notwithstanding the provisions of section 1 of P.L.1949, c.26 (C.5:5-39.1), the conduct of a steeplechase race meeting as provided under this section, which shall not exceed two days in a calendar year, shall not require approval by the legal voters of the county or the municipality where the race is to be held, but the governing body of the municipality may object to the issuance of the special permit in accordance with this subsection. Prior to granting a special permit pursuant to subsection a. of this section, the commission shall provide written notice to the governing body of the municipality where the special steeplechase race meeting is to be held. The governing body may object to the issuance of the special permit by passing a resolution within 30 days of receipt of the notice and by transmitting a copy of the resolution to the commission, in which case the special permit shall not be issued. If the governing body does not object by passing a resolution within 30 days of receipt of the notice, the commission may grant the special permit.

L.2016, c.54, s.1.