Declares Division of State Lottery's new rule concerning online lottery sales inconsistent with legislative intent.
Impact
SCR78 emphasizes the constitutionally defined role of the legislature in reviewing administrative rules and regulations. Specifically, it enforces the checks and balances intended to ensure that all regulations promulgated by governmental agencies align with the original intent of the law. If the Division of State Lottery does not amend or withdraw the new rule, the Legislature retains the power to invalidate it after necessary public hearings and a subsequent vote, reasserting its authority over the regulatory process regarding lottery operations in New Jersey.
Summary
Senate Concurrent Resolution No. 78 (SCR78) aims to address a conflict between a newly adopted rule by the Division of State Lottery and the legislative intent as set forth in the State Lottery Act. The resolution declares that the rule permitting the Division to sell lottery tickets directly to consumers online is inconsistent with legislative expectations and the statutory framework of the State Lottery Act. The resolution was introduced in response to the Division's adoption of rule N.J.A.C. 17:20-1.5 on August 17, 2023, which allows internet sales of lottery tickets via the Division's website and mobile applications, effective from October 2, 2023.
Contention
The major point of contention revolves around the interpretation of the State Lottery Act, particularly N.J.S.A. 5:9-11, which prohibits any entity acting exclusively as a lottery sales agent from obtaining a license to sell lottery tickets. Opponents of the direct online sales rule argue that it undermines this provision, as it allows the Division itself to engage as a sales agent, which conflicts with established legislative intent. The resolution introduces a mechanism for legislative review that could be viewed as an essential control against overreach by administrative agencies that may not adhere strictly to legislative guidelines.
Declares Department of Labor and Workforce Development new rules concerning employment status test for independent contractors inconsistent with legislative intent.
Declares Department of Labor and Workforce Development new rules concerning employment status test for independent contractors inconsistent with legislative intent.
Determines that DEP rules and regulations known as " New Jersey Protecting Against Climate Change - Resilient Environment and Landscapes" are inconsistent with legislative intent.