Professional and Amateur Sports Protection Act of 1992

Professional and Amateur Sports Protection Act of 1992

Long title	An Act to prohibit sports gambling under State law, and for other purposes.
Acronyms (colloquial)	PASPA
Nicknames	Bradley Act
Enacted by	the 102nd United States Congress
Effective	October 28, 1992
Citations
Public law	102-559
Statutes at Large	106 Stat. 4227
Codification
Titles amended	28 U.S.C.: Judiciary and Judicial Procedure
U.S.C. sections created	28 U.S.C. ch. 178 § 3701 et seq.
Legislative history
Introduced in the Senate as S. 474 by Dennis DeConcini (D–AZ) on February 22, 1991 Committee consideration by Senate Judiciary, House Judiciary Passed the Senate on June 2, 1992 (88-5 Roll call vote 111, via Senate.gov) Passed the House on October 6, 1992 (agreed voice vote) with amendment Senate agreed to House amendment on October 7, 1992 (agreed voice vote) Signed into law by President George H.W. Bush on October 28, 1992

The Professional and Amateur Sports Protection Act of 1992 (Pub.L. 102–559), also known as the "Bradley Act," attempts to define the legal status of sports betting throughout the United States. This act effectively outlawed sports betting nationwide, excluding a few states.

The sports lotteries conducted in Oregon, Delaware, and Montana were exempt, as well as the licensed sports pools in Nevada. In addition, Congress provided a one-year window of opportunity from the effective date of PASPA (January 1, 1993) for states which operated licensed casino gaming for the previous ten-year period to pass laws permitting sports wagering. The latter exception was clearly crafted with New Jersey in mind. However, New Jersey failed to take advantage of this opportunity and carve out an exception for itself. Also excluded from the reach of PASPA are jai alai and parimutuel horse and dog racing.

As a widespread trend to legalize, regulate, and tax gambling to increase tax revenues, many states are trying to persuade the federal government to repeal PASPA. Proponents of repeal typically assert that the law as written is inherently unconstitutional, as the US constitution reserves to the states all rights not explicitly granted to the Federal government—such as gambling regulation.

New Jersey has attempted to build momentum towards the eventual legalization of sports betting in New Jersey through federal litigation, state legislation, and the voter referendum process. In March 2009, New Jersey State Senator Raymond Lesniak filed a lawsuit in the United States District Court for the District of New Jersey claiming, amongst other things, that the PASPA unconstitutionally discriminates among the states by allowing four states to offer sports betting while disallowing the other forty-six states from enjoying the privilege. The case is pending before Magistrate Judge Torianne Bongiovanni. Additionally, Lesniak successfully steered a proposed amendment to the New Jersey State Constitution through the Senate State Government, Wagering, Tourism and Historic Preservation Committee, which would constitutionally permit sports betting in New Jersey. If the full Senate approves the change, New Jersey voters would be able to vote on a referendum whether to accept the constitutional amendment, though the amendment is predicated on a repeal of PASPA. Additionally, both houses of the New Jersey Legislature have introduced resolutions calling on the United States Congress to repeal PASPA.

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