Senate, No. 2305 state of new jersey 214th legislature

INTRODUCED SEPTEMBER 23, 2010

Sponsored by:

Senator JEFF VAN DREW

District 1 (Cape May, Atlantic and Cumberland)

SYNOPSIS

Permits joint law enforcement task force led by Superintendent of State Police to conduct law enforcement in Atlantic City tourism district; requires use of certain funds for infrastructure improvements therein.

CURRENT VERSION OF TEXT

As introduced.

b. When the Joint Law Enforcement Task Force assumes the general responsibility for and the supervision of the conduct of all law enforcement operations and activities within the district, the law enforcement operations and activities in that district shall be conducted exclusively by the task force, with such auxiliary or mutual aid to be provided by the police department of Atlantic City as shall be agreed to between the Superintendent of the Division of State Police and the Chief of Police of the police department.

c. The Joint Law Enforcement Task Force shall have a governing body composed of representatives of the Superintendent of the Division of State Police who shall be employees of the division and representatives of the Chief of Police of Atlantic City who shall be employees of the police department of the city. The superintendent shall be the head of the task force governing body. The task force shall:

develop and implement the policies, guidelines, and procedures pursuant to which law enforcement operations and activities within the district are to be conducted by the task force;

develop and implement the manner by which law enforcement operations, activities, and programs within the district are to be conducted by the task force;

facilitate the transfer of the conduct of law enforcement to the task force from the police department of Atlantic City;

facilitate public awareness of the transfer of law enforcement to the task force from the police department of Atlantic City;

develop and implement law enforcement initiatives for the district; and

study, classify, and evaluate the criminal activities and threats to effective and efficient law enforcement within the district.

The law enforcement officers of the Joint Law Enforcement Task Force shall be under the supervision of the Superintendent of the Division of State Police and the authority for decisions regarding the law enforcement operations and activities within the district shall reside with the superintendent and the officers of the Division of State Police designated by the superintendent.

d. If law enforcement officers employed by the Atlantic City police department are laid off, those law enforcement officers shall be offered employment by the Department of Law and Public Safety and if they meet the qualification and training requirements, shall be employed as law enforcement officers for assignment exclusively to the Joint Law Enforcement Task Force. These officers shall be employed pursuant to this subsection notwithstanding any provision of Title 11A of the New Jersey Statutes to the contrary.

e. The superintendent shall determine annually that portion of the operating cost of the division attributable to assuming the general responsibility for and the supervision of the conduct of all law enforcement operations and activities within the district through the Joint Law Enforcement Task Force, including the cost to the department of employing and training those law enforcement officers of the Atlantic City police department who have been laid off, and shall certify that attributable cost to the Attorney General and the managing entity of the district. The Attorney General shall annually assess a fee to be paid by each casino licensee for the purpose of reimbursing the division and department for the certified cost. The total amount of the fees assessed to all casino licensees shall not exceed the annual cost certified by the superintendent, nor shall it exceed the total amount of any reduction in payments by those casino licensees resulting from any reduction in annual costs of the Casino Control Commission and the Division of Gaming Enforcement in the Department of Law and Public Safety for investigation and consideration of license applications and license renewals, for maintaining control and regulatory activities and enforcement functions, and for such other services, equipment or other expenses, as a direct result of laws enacted or regulations changed on or after the effective date of this act, P.L.    , c.   (pending before the Legislature as this bill), regarding the commission’s and division’s functions, duties, and responsibilities under the “Casino Control Act,” P.L.1977, c.110 (C.5:12-1 et seq.).

Each casino licensee shall pay to the State Treasurer the assessed fee in a manner and on a schedule as required by the Attorney General, and the total amount of the collected fees shall be appropriated annually to Department of Law and Public Safety.

f. All other provisions of law concerning the operations of the Division of State Police and of the police department of the city of Atlantic City shall apply except to the extent inconsistent with this section.

b. Notwithstanding any other provision of law or regulation to the contrary, the Casino Reinvestment Development Authority shall give priority in the expenditure of any funds designated by law for the city of Atlantic City to projects, including infrastructure improvements and enhancements and public safety improvements and enhancements, within a tourism district in the city of Atlantic City after such a district is created in accordance with a law permitting or requiring the creation of such a district.

c. As used in this section, “tourism district” or “district” means an area designated in the city of Atlantic City, Atlantic County, to include the casinos and all or specified parts of the boardwalk, in which area a management entity is given complete control over specified governmental operations and activities including authority over related amenities and infrastructure, initiatives including security, and the distribution of government aid and development, provided the management entity is also given control of the assets and the responsibilities of the Atlantic City Convention and Visitors Authority including the responsibilities over marketing for Atlantic City and the convention activities therein.

3. This act shall take effect immediately.

STATEMENT
This bill permits the Superintendent of the Division of State Police in the Department of Law and Public Safety to establish, when a tourism district in the city of Atlantic City, Atlantic County, is created in accordance with a law permitting or requiring the creation of such a district, a Joint Law Enforcement Task Force composed of officers of the Atlantic City police department and such supervisory officers of the Division of State Police as the superintendent determines to be necessary, to assume the general responsibility for and the supervision of the conduct of all law enforcement operations and activities within the district. The superintendent is to establish the task force in coordination with the Chief of Police of the city of Atlantic City. The task force will only be established if the entity charged in accordance with law with the management of the district makes a request for its establishment. As used in this bill, “tourism district” or “district” means an area designated in the city of Atlantic City, Atlantic County, to include the casinos and all or specified parts of the boardwalk, in which area a management entity is given complete control over specified governmental operations and activities including authority over related amenities and infrastructure, initiatives including security, and the distribution of government aid and development, provided the management entity is also given control of the assets and the responsibilities of the Atlantic City Convention and Visitors Authority including the responsibilities over marketing for Atlantic City and the convention activities therein.

When the task force assumes the general responsibility for the conduct of all law enforcement operations and activities within the district, the law enforcement operations and activities in that district will be conducted exclusively by the task force, with such auxiliary or mutual aid to be provided by the police department of Atlantic City as agreed to between the Superintendent of the Division of State Police and the Chief of Police of the police department.

The task force will be governed by representatives of the Superintendent of the Division of State Police and representatives of the Chief of Police of Atlantic City. The superintendent will be the head of the task force.

The task force will:

develop and implement the policies, guidelines, and procedures pursuant to which law enforcement operations and activities within the district are to be conducted by the task force;

develop and implement the manner by which law enforcement operations, activities, and programs within the district are to be conducted by the task force;

facilitate the transfer of the conduct of law enforcement to the task force from the police department of Atlantic City;

facilitate public awareness of the transfer of law enforcement to the task force from the police department of Atlantic City;

develop and implement law enforcement initiatives for the district; and

study, classify, and evaluate the criminal activities and threats to effective and efficient law enforcement within the district.

The officers of the task force will be under the supervision of the Superintendent of Division of State Police and the authority for decisions regarding the law enforcement operations and activities within the district will reside with the superintendent and the officers of the Division of State Police designated by the superintendent.

If law enforcement officers employed by the Atlantic City police department are laid off, those law enforcement officers will be offered employment by the Department of Law and Public Safety and if they meet the qualification and training requirements, will be employed for assignment exclusively to the task force. These officers will be employed notwithstanding any provision of Title 11A (Civil Service) of the New Jersey Statutes to the contrary.

The superintendent will determine annually that portion of the operating cost of the division attributable to assuming the general responsibility for and the supervision of the conduct of all law enforcement operations and activities within the district through the task force, including the cost to the department of employing and training those law enforcement officers of the Atlantic City police department who have been laid off, and will certify that attributable cost to the Attorney General and the managing entity of the district. The Attorney General will annually assess a fee to be paid by each casino licensee for the purpose of reimbursing the division and department for the certified cost. The total amount of the fees assessed to all casino licensees will not exceed the annual cost certified by the superintendent, nor will it exceed the total amount of any reduction in payments by those casino licensees resulting from any reduction in annual costs of the Casino Control Commission and the Division of Gaming Enforcement in the Department of Law and Public Safety for investigation and consideration of license applications and license renewals, for maintaining control and regulatory activities and enforcement functions, and for such other services, equipment or other expenses, as a direct result of laws enacted or regulations changed on or after the effective date of this bill, regarding the commission’s and division’s functions, duties, and responsibilities under the “Casino Control Act,” N.J.S.A.5:12-1 et seq.

After the expiration of the 2008 agreement executed between the New Jersey Sports and Exposition Authority and the Casino Association of New Jersey for the benefit of the horse racing industry, the State Treasurer or the entity charged by law with the management of a tourism district in Atlantic City may collect, after such a district is created in accordance with a law permitting or requiring the creation of such a district, such sums from casino licensees as may be appropriate but not exceeding for each casino licensee the amount that each casino licensee paid under that 2008 agreement, with such sums to be expended for the purposes of the district, including for infrastructure and security needs, in accordance with such terms and conditions as set forth in the law pursuant to which the district is created.