Bill > ACR127

This concurrent resolution addresses a dispute over a new rule adopted by the New Jersey Division of State Lottery that would allow direct internet sales of lottery tickets. The resolution declares that the rule (N.J.A.C. 17:20-1.5) is inconsistent with the legislative intent of the State Lottery Act, specifically arguing that the division would be acting as a lottery sales agent, which is prohibited by state law. Under the New Jersey Constitution, the Legislature has the power to review administrative rules and can invalidate them if they do not align with legislative intent. The resolution gives the Division of State Lottery 30 days from the resolution's transmittal to amend or withdraw the rule. If the division does not do so, the Legislature may proceed with a subsequent concurrent resolution to invalidate the rule entirely. The underlying conflict stems from a provision in the State Lottery Act (N.J.S.A. 5:9-11) that prevents any entity, including state agencies, from obtaining a license to operate exclusively as a lottery sales agent, which the new rule appears to contradict.

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https://www.njleg.state.nj.us/bill-search/2024/ACR127