Bill Text: NJ A5071 | 2018-2019 | Regular Session | Introduced
Bill Title: Prohibits New Jersey Racing Commission from issuing licenses or granting permits to, or employing, persons convicted of or found liable for animal cruelty offenses.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2019-02-25 - Introduced, Referred to Assembly Tourism, Gaming and the Arts Committee [A5071 Detail]
Download: New_Jersey-2018-A5071-Introduced.html
Sponsored by:
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
SYNOPSIS
Prohibits New Jersey Racing Commission from issuing licenses or granting permits to, or employing, persons convicted of or found liable for animal cruelty offenses.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning horse racing and animal cruelty and amending Title 5 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 14 of P.L.1940, c.17 (C.5:5-34) is amended to read as follows:
14. a. No person shall be licensed in any capacity whatsoever by the New Jersey Racing Commission or employed in any capacity whatsoever at any place, track or enclosure where a horse race meeting is permitted who has been convicted of a crime involving moral turpitude, or who has been:
(1) convicted of, or found liable for, an animal cruelty violation pursuant to P.L.2002, c.102 (C.4:19-38 et seq.), chapter 22 of Title 4 of the Revised Statutes, or R.S.39:4-23; or
(2) convicted of a criminal offense involving an animal pursuant to Title 2C of the New Jersey Statutes.
Each person seeking licensure or employment shall submit to the executive director the person's name, address and written consent for a criminal history record background check to be performed. The applicant shall submit to being fingerprinted in accordance with applicable State and federal laws, rules and regulations. The executive director is authorized to receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation consistent with applicable State and federal laws, rules and regulations. Upon receipt of such notification, the executive director shall make a determination regarding the person's eligibility for licensure or employment. The applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check. The Division of State Police shall promptly notify the executive director in the event a current or prospective licensee or employee, who was the subject of a criminal history record background check pursuant to this section, is convicted of a crime or offense in this State after the date the background check was performed.
b. The commission shall revoke the license of a person who was convicted of, or found liable for, an animal cruelty violation or crime involving an animal enumerated in subsection a. of this section, upon discovery and confirmation that the person has been convicted or found liable of the violation or the crime, as applicable.
(cf: P.L.2003, c.199, s.2)
2. Section 18 of P.L.1940, c.17 (C.5:5-38) is amended to read as follows:
18. a. Each person, partnership, association or corporation desiring to hold or conduct a horse race meeting within the State of New Jersey, during any calendar year, shall file with the commission an application for a permit to hold or conduct such horse race meeting. A separate application shall be filed for each horse race meeting which such applicant proposes to hold or conduct. Any such application, if made by an individual, shall be signed and verified under oath by such individual, and if made by two or more individuals or a partnership, shall be signed and verified under oath by at least two of such individuals, or members of such partnership, as the case may be. If made by an association or corporation, it shall be signed by the president or vice-president thereof, and attested by the secretary or assistant secretary under the seal of such association or corporation, if it has a seal, and shall also be verified under oath by one of the officers signing the same. Such application shall specify the name of the person, association or corporation making such application, and the post-office address of the applicant; and if applicant is a corporation or an association, the names and addresses of the directors thereof, and the name and address of each owner or holder, directly or indirectly, of any share of stock or certificate or other evidence of ownership of any interest in such corporation or association and if a partnership, the names and addresses of all partners, general or limited. If the applicant is a corporation, the name of the State of its incorporation shall be specified. Such application shall further specify the dates on which it is intended to conduct or hold such horse race meeting, the hours of each racing day between which it is intended to hold or conduct horse racing at such meeting, which shall be between the hours of 12 o'clock noon and 6 o'clock P.M., Eastern Standard Time (exclusive of Sundays, on which day no race meeting may be conducted), and the location of the place, track or enclosure where it is proposed to hold or conduct such horse race meeting. Such application shall be in such form and supply such data including a blueprint of track and specifications of surface of same and blueprint and specifications of buildings and grandstand applicant, as the commission shall prescribe, which said blueprints and specifications shall be subject to the approval of the commission. The commission shall furnish forms to be used in making such applications, and all applications shall be made on such forms.
All applications filed with the commission for permits to hold or conduct horse race meetings shall be available for public inspection at the commission's office during ordinary business hours.
b. The commission shall not approve any application to hold or conduct a horse racing meeting or grant any permit, including a special permit authorized pursuant to section 1 of P.L.2013, c.163 (C.5:5-38.1), to a person who, or an applicant of which an owner, director, or manager, was previously:
(1) convicted of, or found liable for, an animal cruelty violation pursuant to P.L.2002, c.102 (C.4:19-38 et seq.), chapter 22 of Title 4 of the Revised Statutes, or R.S.39:4-23; or
(2) convicted of a criminal offense involving an animal pursuant to Title 2C of the New Jersey Statutes.
The commission shall revoke any permit granted before the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) if the person holding the permit, or an owner, director, or manager of the permit holder, has been convicted of, or found liable for, an animal cruelty violation or crime involving an animal as provided in paragraph (1) or (2) of this subsection.
(cf: P.L.1954, c.239, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill amends current law to prohibit a person from being licensed by the New Jersey Racing Commission in any capacity whatsoever, or being employed in any capacity whatsoever at any place, track or enclosure where a horse race meeting is permitted who was previously:
1) convicted of, or found liable for, an animal cruelty violation pursuant to P.L.2002, c.102 (C.4:19-38 et seq.), chapter 22 of Title 4 of the Revised Statutes, or R.S.39:4-23; or
2) convicted of a criminal offense involving an animal pursuant to Title 2C of the New Jersey Statutes.
The bill also prohibits the New Jersey Racing Commission from approving a permit application or granting a permit to hold or conduct a horse racing meeting to a person, or an applicant of which an owner, director, or manager was previously convicted of, or found liable for, any of those animal cruelty violations or crimes.
Furthermore, the New Jersey Racing Commission is directed to revoke the license or permit of any such person or applicant.
