S1463

An Act providing for continued operation of casinos in the event of an emergency, including a shutdown of State government due to the failure of the Governor and the Legislature to enact a general appropriation law, and amending and supplementing P.L.1977, c.110.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 63 of P.L.1977, c.110 (C.5:12-63) is amended to read as follows:

63. Duties of the Commission. The Casino Control Commission shall have general responsibility for the implementation of this act, as hereinafter provided, including, without limitation, the responsibility:

a. To hear and decide promptly and in reasonable order all license, registration, certificate, and permit applications and causes affecting the granting, suspension, revocation, or renewal thereof;

b. To conduct all hearings pertaining to civil violations of this act or regulations promulgated hereunder;

c. To promulgate such regulations as in its judgment may be necessary to fulfill the policies of this act;

d. To collect all license and registration fees and taxes imposed by this act and the regulations issued pursuant hereto;

e. To levy and collect penalties for the violation of provisions of this act and the regulations promulgated hereunder;

f. To be present through its inspectors and agents at all times, except as provided by section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), during the operation of any casino or simulcasting facility for the purpose of certifying the revenue thereof, receiving complaints from the public relating to the conduct of gaming and simulcast wagering operations, examining records of revenues and procedures, and conducting periodic reviews of operations and facilities for the purpose of evaluating current or suggested provisions of P.L.1977, c.110 (C.5:12-1 et seq.) and the regulations promulgated thereunder;

g. To refer to the division for investigation and prosecution any evidence of a violation of P.L.1977, c.110 (C.5:12-1 et seq.) or the regulations promulgated thereunder;

h. To review and rule upon any complaint by a casino licensee regarding any investigative procedures of the division which are unnecessarily disruptive of casino or simulcasting facility operations. The need to inspect and investigate shall be presumed at all times. The disruption of a licensee's operations shall be proved by clear and convincing evidence, which evidence shall establish that: (1) the procedures had no reasonable law enforcement purpose, and (2) the procedures were so disruptive as to inhibit unreasonably casino or simulcasting facility operations; and

i. To ensure that there is no duplication of duties and responsibilities between it and the division.

(cf: P.L.1995, c.18, s.14)

2. (New section) In the event of an emergency, including a shutdown of State government due to the failure of the Governor and the Legislature to enact a general appropriation law by the deadline prescribed in the New Jersey Constitution, casino and simulcasting facilities shall remain open and in full operation notwithstanding that inspectors, agents or other employees of the Casino Control Commission or the Division of Gaming Enforcement are not performing the functions usually required for the operation of those facilities, and licensees shall continue to comply with all relevant provisions of the New Jersey Constitution and of all relevant State statutes, regulations and policies and shall maintain detailed records of that compliance.

If, during any period of time that casino and simulcasting facilities remain open pursuant to the provisions of this section, it shall come to the attention of the Governor that the holder of a casino license, or any licensed employee thereof, may be engaged in what the Governor believes to be a serious violation of any State statute, regulation or policy governing the operation of those facilities, the Governor shall have the authority to summarily suspend the license of that casino or employee until such time as it is rescinded by the Governor, or the emergency ceases and the commission or the division, as appropriate, is able to address the matter.

Any violation of a statute, regulation or policy that would ordinarily subject a licensee to a fine, but which occurs while a facility remains open during an emergency, shall be punishable by a fine of up to ten times the amount of the usual fine. When the emergency ceases, licensees shall be responsible for any costs associated with re-implementing onsite State inspections.

3. This act shall take effect immediately.

STATEMENT

This bill provides that in the event of an emergency, including a shutdown of State government due to the failure of the Governor and the Legislature to enact a general appropriation law by the deadline prescribed in the New Jersey Constitution, casino and simulcasting facilities will remain open and in full operation notwithstanding that inspectors, agents or other employees of the Casino Control Commission or the Division of Gaming Enforcement are not performing the functions usually required for the operation of those facilities and licensees will continue to comply with all relevant provisions of the New Jersey Constitution and of all relevant State statutes, regulations and policies and will maintain detailed records of that compliance.

In addition, the bill gives the Governor the authority to summarily suspend the license of any casino or of any licensed employee thereof if, during any period of time that casino and simulcasting facilities remain open as permitted by the bill, it comes to the Governor’s attention that the licensee may be engaged in what the Governor believes to be a serious violation of any State statute, regulation or policy governing the operation of those facilities. The suspension would continue until it is rescinded by the Governor or the emergency ceases and the commission or the division, as appropriate, is able to address the matter.

Any violation of a statute, regulation or policy that would ordinarily subject a licensee to a fine, but which occurs while a facility remains open during an emergency, will be punishable by a fine of up to ten times the amount of the usual fine. When the emergency ceases, licensees will be responsible for any costs associated with re-implementing onsite State inspections.