IN THE MATTER OF THE VETO BY GOVERNOR CHRIS CHRISTIE
OF THE MINUTES OF THE NEW JERSEY RACING COMMISSION FROM
THE JUNE 29, 2011 MEETING AND THE ALLOCATION ACTION
TAKEN AT THAT MEETING BY THE NEW JERSEY RACING
COMMISSION
A-6028-10T3
The Thoroughbred Breeders' Association of New Jersey (the
TBA) appealed from Governor Chris Christie's veto of the minutes
of a meeting of the New Jersey Racing Commission. The
Commission decided to distribute $15 million collected by the
Casino Redevelopment Authority (CRDA) for the purpose of
augmenting "purse monies" at New Jersey racing venues. The TBA
challenged the constitutionality of the legislative scheme,
adopted as part of the creation of the Atlantic City Tourism
District, that expressly permitted the Commission to request the
monies for this purpose and the CRDA to distribute them, but, at
the same time, preserved the Governor's power to veto the
Commission's minutes, thereby rendering any action taken null
and void.
We examined the various constitutional arguments made by the TBA and rejected them.
The TBA also argued that, even if the legislative scheme was constitutional and the Governor's veto permissible, his action was arbitrary, capricious and unreasonable. We concluded that our usual standard of review applicable to executive agency action did not apply to the discretionary actions of the Governor pursuant to an express legislative grant. 12-07-12
We examined the various constitutional arguments made by the TBA and rejected them.
The TBA also argued that, even if the legislative scheme was constitutional and the Governor's veto permissible, his action was arbitrary, capricious and unreasonable. We concluded that our usual standard of review applicable to executive agency action did not apply to the discretionary actions of the Governor pursuant to an express legislative grant. 12-07-12
