I couldn’t find a bill I was really excited about this week, so I chose to do a closer look at a topic that was trending this week with significant implications for state legislatures and state governments in general, and selected two bills related to that topic.
This week we take a closer look at the Supreme Court decision that essentially paves the way for states to establish and regulate sports betting. And while I expect to see a number of bills related to this topic in the trending bill widget on BillTrack50 in the coming weeks and months, I am doing a closer look into two bills from where it all began – New Jersey and the recently introduced bills – Assembly Bill 3911 and Senate Bill 2602.
But before we can look at the present, we have to go back to the beginning. In 2011, New Jersey voters backed a constitutional amendment that would allow for sports betting. From that, the 2012 legislature passed NJ S1323, a bill known as the Sports Wagering Act of 2012. Sports leagues quickly sued and it died in the appellate courts when the Supreme Court refused to hear the case.
Obviously, it didn’t end there, as the appellate court ruling only barred New Jersey from legalizing sports betting, and not from repealing laws that made it a crime. Which brings us to NJ S2460, the 2014 bill that allowed New Jersey allowed casinos and racetracks to establish sports betting operations without state licenses (probably not the best idea, but then again, it is New Jersey). Then-Governor Chris Christie asked the courts for ruling on the legality of this step, which the sports leagues again challenged.
And this time New Jersey won, with the Supreme Court releasing a decision that appears to pave the way for states to decide if sports betting will be legal in their state. Many states are preparing to do so, but New Jersey is leading the way. With NJ S2460 now part of NJ public law, experts believed the law would have allowed New Jersey casinos and racetracks to be able to offer sports betting within a couple weeks of the decision. That timeline has been put on hold, however. At the request of legislators and the governor, casinos and racetracks (at least Monmouth Park Raceway, and my guess is others will follow suit) will wait to take bets until the legislature allows it. That could happen in early June, as June 7th is the next legislative voting day. So keep an eye on NJ A3911 and S2602 and see which one crosses the line.
That delay is setting up a horse race between New Jersey and Delaware to see which state will be able to offer legal sports betting first. I’m betting on a photo finish.
BillTrack50, MOB Advocacy and our friends at Fantini Research are hosting a webinar on the SCOTUS decision and what it means for states on Wednesday, June 6th @ 1:00 pm EST. Register to join us here.
About the Author – Michael O’Brien is the founder and principal of MOB Advocacy. He has more than ten years experience as a state and local lobbyist. Michael has lobbied governors, mayors, legislators, state and local agencies and regulators in more than 40 states.
About MOB Advocacy – MOB Advocacy is a full-service, nationally-scoped state and local government relations firm. We design and implement legislative, regulatory and procurement solutions tailored to meet any organization’s unique needs and specific goals.
Our clients range from established corporations, tech start-ups, to nationally recognized non-profits and advocacy groups. We provide a full range of services from national strategy, monitoring, direct lobbying, grassroots and procurement and we cover a wide array of issues, including education, environment and healthcare.
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