This text of New Jersey § 5:20-1 (Findings, declarations relative to fantasy sports.) is published on Counsel Stack Legal Research, covering New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. The Legislature finds and declares as the public policy of this State that:
(1)Under the New Jersey Constitution, gambling activities may not be authorized without voter approval;
(2)New Jersey courts define gambling as contests in which the elements of chance are considered to play a predominant role or affect a material impact upon the results of the contest;
(3)Participation in fantasy sports activities cannot be considered gambling under New Jersey laws because fantasy sports activities are contests in which the relative skill of the participants predominates to a degree that chance plays no material role in determining the outcome of the activities;
(4)Further, there is a longstanding and still growing national consensus that fantasy sports activities do not constitute gambling
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1. The Legislature finds and declares as the public policy of this State that: (1) Under the New Jersey Constitution, gambling activities may not be authorized without voter approval; (2) New Jersey courts define gambling as contests in which the elements of chance are considered to play a predominant role or affect a material impact upon the results of the contest; (3) Participation in fantasy sports activities cannot be considered gambling under New Jersey laws because fantasy sports activities are contests in which the relative skill of the participants predominates to a degree that chance plays no material role in determining the outcome of the activities; (4) Further, there is a longstanding and still growing national consensus that fantasy sports activities do not constitute gambling, as shown by the enactment of federal statutes; state laws in New York, Massachusetts, Kansas, Tennessee, and several other states; and current New Jersey regulations adopted by the Division of Gaming Enforcement finding that fantasy sports activities do not constitute gambling; and (5) Therefore, it is within the New Jersey Legislature's constitutional authority to authorize and regulate fantasy sports contests. The Legislature further finds and declares that: (6) Fantasy sports are popular and quickly expanding commercial activities for tens of thousands of New Jersey residents; (7) Investigation of the industry in other states has revealed instances of unethical behavior by some employees of fantasy sports operators, which is enabled by lack of adequate regulation and oversight; (8) It is in the State's interest to protect participants and promote a positive business environment in the conduct of fantasy sports activities; (9) Therefore, it is proper and fitting for the Legislature to regulate the fantasy sports industry and protect consumers of fantasy sports activities in New Jersey; and (10) Fantasy sports activities conducted in accordance with the provisions of P.L.2017, c.231 (C.5:20-1 et seq.) by an operator holding a permit to do so do not constitute: (a) an authorized game or authorized gambling game as defined in section 5 of P.L.1977, c.110 (C.5:12-5); (b) a contest of chance as defined in N.J.S.2C:37-1; (c) gambling as defined in N.J.S.2C:37-1; (d) a gambling transaction pursuant to N.J.S.2A:40-1; or (e) lottery as defined in N.J.S.2C:37-1. L.2017, c.231, s.1.