Declares Division of State Lottery's new rule concerning online lottery sales inconsistent with legislative intent.
Impact
This resolution invokes Article V, Section IV, paragraph 6 of the New Jersey Constitution, which allows the Legislature to review and potentially invalidate administrative agency rules that do not align with legislative intent. Following the adoption of the rule on August 17, 2023, with an effective date of October 2, 2023, the resolution gives the Division thirty days to amend or withdraw the rule. If unchanged, the Legislature retains authority to invalidate the rules in whole or part after the required procedural steps are taken, which could lead to significant implications for state lottery operations.
Summary
ACR77 is a concurrent resolution that addresses the recent rule adopted by the New Jersey Division of State Lottery regarding online lottery sales. The resolution declares that the new rule, which allows the Division to sell lottery tickets directly to consumers via the internet and mobile applications, is inconsistent with the legislative intent as defined by the State Lottery Act. The key issue at stake is whether the Division of State Lottery can operate as a lottery sales agent in a manner that contradicts existing state law, particularly N.J.S.A. 5:9-11, which prohibits such exclusive engagement without adequate licensing.
Contention
The discussion surrounding ACR77 highlights a fundamental tension between legislative authority and administrative agency autonomy. Supporters of the resolution assert that maintaining adherence to legislative intent is crucial to uphold the integrity of the State Lottery Act. Conversely, there may be concerns from various stakeholders regarding the ability of the Division of State Lottery to adapt to current market demands, including preferences for online ticket purchasing, suggesting a need to balance regulation with consumer access.