Bill Text: NJ A3581 | 2010-2011 | Regular Session | Introduced
Bill Title: Directs establishment of Atlantic City Tourism District; broadens powers and duties of CRDA; transfers Atlantic City Convention and Visitors Authority and its functions to CRDA.
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: (Introduced - Dead) 2011-01-10 - Substituted by S11 (3R) [A3581 Detail]
Download: New_Jersey-2010-A3581-Introduced.html
Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Salem, Cumberland and Gloucester)
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
SYNOPSIS
Directs establishment of Atlantic City Tourism District; broadens powers and duties of CRDA; transfers Atlantic City Convention and Visitors Authority and its functions to CRDA.
CURRENT VERSION OF TEXT
As introduced.
An Act providing for the establishment of the Atlantic City Tourism District and for the transfer of the Atlantic City Convention and Visitors Authority, together with its functions, powers, and duties, to the Casino Reinvestment Development Authority, amending P.L.1984, c.218 and supplementing P.L.1977, c.110.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Atlantic City" means the City of Atlantic City, Atlantic County.
"Atlantic City convention center project" or "convention center project" means the project authorized by paragraph (9) of subsection a. of section 6 of P.L.1971, c.137 (C.5:10-6).
"Atlantic City Tourism District" or "tourism district" means the district within Atlantic City established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Authority" means the Casino Reinvestment Development Authority established pursuant to section 5 of P.L.1984, c.218, (C.5:12-153).
"Convention center authority" means the Atlantic City Convention and Visitors Authority established pursuant to section 3 of P.L.1981, c.459 (C.52:27H-31).
"Development and design guidelines" means the development and design guidelines for site plan applications, which guidelines are to be adopted by the authority pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"District land use regulations" means the regulations, applicable within the tourism district, that are to be adopted by the authority pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
"Gaming" means, in addition to any meaning otherwise provided by law, any legalized form of gambling in New Jersey including, but not limited to, casino gambling and horse racing.
"Master plan" or "plan" means the authority's comprehensive master plan for the redevelopment of the tourism district.
"Nonconforming use" means a legal or pre-existing use or activity which fails to conform to the development and design guidelines or land use regulations adopted by the authority pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
"Public safety improvements" means the development of infrastructure in the tourism district made for the purpose of increasing safety. Such improvements would include the development of appropriate security technology and the installation of increased lighting in outdoor areas, the installation of surveillance cameras, and the installation of emergency phones and lights throughout the tourism district for use by appropriate security personnel and the Joint Law Enforcement Task Force established pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Road and highway authority" means any State or local entity, including, but not limited to, Atlantic City or any agency thereof, Atlantic County or any agency thereof, the New Jersey Department of Transportation, and the South Jersey Transportation Authority established under section 4 of P.L.1991, c.252 (C.27:25A-4), or any other State or local entity having jurisdiction over (a) the roads and highways in the tourism district, (b) the roads and highways adjacent to the tourism district, (c) the land area in which the authority is an interested party pursuant to subsection c. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), or (d) the portion of the roads and highways in Atlantic City which provide direct access the tourism district.
"Transfer Date" means, with respect to the assumption by the authority of the powers, duties, assets, and responsibilities of the convention center authority, the date on which (a) the chairs of the authority and the convention center authority certify to the Governor that all of the bonds issued by the convention center authority cease to be outstanding within the meaning of the resolutions pursuant to which the bonds were issued, and (b) the authority assumes all debts and statutory responsibilities of the convention center authority.
2. Section 12 of P.L.1984, c.218 (C.5:12-160) is amended to read as follows:
12. The purposes of the Casino Reinvestment Development Authority shall be:
a. to maintain public confidence in the casino gaming industry as a unique tool of urban redevelopment for the city of Atlantic City and to directly facilitate the redevelopment of existing blighted areas and to address the pressing social and economic needs of the residents of the city of Atlantic City and the State of New Jersey by providing eligible projects in which licensees shall invest;
b. to provide licensees with an effective method of encouraging new capital investment in Atlantic City which investment capital would not otherwise be attracted by major casino-hotel convention complexes or by normal market conditions and which will not supplant capital, either public or private, that would otherwise be invested in the city of Atlantic City or in the jurisdiction in which the investment is to be made and which will have the effect of benefiting the public at large and increasing opportunities and choices of those of low and moderate income in particular;
c. to provide, further and promote tourist industries in New Jersey and especially Atlantic county, by providing financial assistance for the planning, acquisition, construction, improvement, maintenance and operation of facilities for the recreation and entertainment of the public which may include an arts center, cultural center, historic site or landmark, or sports center;
d. to provide loans and other financial assistance for the planning, acquisition, construction, reconstruction, demolition, rehabilitation, conversion, repair or alteration of buildings or facilities to provide decent, safe and sanitary dwelling units for persons of low, moderate, median range, and middle income in need of housing, and to provide mortgage financing for such units;
e. to assist in the financing of structures, franchises, equipment and facilities for operation of, expansion of and the development of public transportation or for terminal purposes, including but not limited to development and improvement of port terminal structures, facilities and equipment for public use;
f. to provide loans and other financial assistance for the construction, reconstruction, demolition, rehabilitation, conversion, repair or alteration of convention halls in Atlantic county and the State of New Jersey, including but not limited to office facilities, commercial facilities, community service facilities, parking facilities, hotel facilities and other facilities for the accommodation and entertainment of tourists and visitors;
g. to make loans and assist in the financing of the construction, reconstruction, rehabilitation, repair or acquisition of infrastructure projects, including but not limited to sewage disposal facilities, water facilities, solid waste disposal facilities, roads, highways and bridges;
h. to assist in financing buildings, structures and other property to increase opportunities in manufacturing, industrial, commercial, recreational, retail and service enterprises in the State so as to induce and to accelerate opportunity for employment in these enterprises, particularly of unemployed and underemployed residents of the jurisdiction in which the investment is to be made; to provide loans and other financial assistance for the planning, developing or preservation of new and existing small businesses as well as the planning, acquisition, construction, reconstruction, rehabilitation, conversion or alteration of the facilities that house these enterprises, particularly those which provide services or employment to unemployed or underemployed residents of the State; and to provide loans and other financial assistance to provide employment training and retraining, particularly for unemployed and underemployed residents of the State;
i. to cooperate with and assist local governmental units in financing any eligible project;
j. to encourage investment in, or financing of, any plan, project, facility, or program which directly serves pressing social and economic needs of the residents of the jurisdiction or region in which the investment is to be made, including but not limited to [schools,] supermarkets, commercial establishments, day care centers, parks and community service centers, and any other plan, project, facility or program which best serves the interest of the public in accordance with section 25 of this 1984 amendatory and supplementary act;
k. to encourage investment in, or financing of, projects which are made as part of a comprehensive plan to improve blighted or redevelopment areas or are targeted to benefit low through middle income residents of the jurisdiction or region in which the investments are to be made;
l. to make loans for those eligible projects according to the projected allocated amounts to be available;
m. to establish and exercise authority over the Atlantic City Tourism District pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill); and
[m.] n. any combination of the foregoing.
(cf. P.L.1984, c.218, s.12)
3. Section 13 of P.L.1984, c.218 (C.5:12-161) is amended to read as follows:
13. The Casino Reinvestment Development Authority shall have the following powers:
a. To adopt and have a common seal and to alter the same at pleasure;
b. To sue or be sued;
c. To acquire, hold, use and dispose of any eligible project in which it is making an investment;
d. To acquire, rent, hold, use, and dispose of other personal property for the purposes of the Casino Reinvestment Development Authority;
e. To acquire by purchase, gift, or otherwise, or lease as lessee, real property or easements or interests therein necessary or useful and convenient for the purposes of the Casino Reinvestment Development Authority which real property, easements or interests may be subject to mortgages, deeds of trust, or other liens or otherwise, and to hold and to use the same, and to dispose of the property so acquired no longer necessary for the purposes of the Casino Reinvestment Development Authority;
f. To make and enforce bylaws or rules and regulations for the management and regulation of its business and affairs and for the use, maintenance, and operation of any facility, and to amend the same;
g. To enter into any agreements or contracts, execute any instruments, and do and perform any acts or things necessary, convenient, or desirable for the purposes of the Casino Reinvestment Development Authority, including the entering into of agreements or contracts with any governmental unit to provide for the payment of principal of and interest on any obligation issued by that governmental unit, the maintenance of necessary reserves in connection with these obligations or the payments under any lease entered into in connection with any eligible project;
h. To determine eligibility for investments in eligible projects in order to accomplish the purposes of the Casino Reinvestment Development Authority;
i. To collect and invest any proceeds received under subsection b. of section 3 and section 14 of this act;
j. To invest in obligations of local governmental units issued to finance eligible projects, provided that the investment shall only be effected through direct negotiation by the Casino Reinvestment Development Authority with the local governmental unit;
k. To make agreements of any kind with any governmental unit or person for the use or operation of all or any part of any eligible project for consideration and for periods of time and upon other terms and conditions as the Casino Reinvestment Development Authority may fix and agree upon, which agreements may include a partnership, limited partnership, joint venture or association in which the Casino Reinvestment Development Authority is a general or limited partner or participant;
l. To require and collect fees and charges as the Casino Reinvestment Development Authority shall determine to be reasonable in connection with the exercise of any power given to the Casino Reinvestment Development Authority under the act;
m. To the extent permitted under a contract of the Casino Reinvestment Development Authority with purchasers of its bonds entered into pursuant to section 3 of this 1984 amendatory and supplementary act, to invest and reinvest any of its moneys not required for immediate use, including moneys received for the purchase of its bonds prior to the bonds being issued as it shall deem prudent. A pro rata share of 66 2/3 % of all interest earned by the Casino Reinvestment Development Authority on any such investments shall be paid to the licensees who entered into a contract with the Casino Reinvestment Development Authority for the purchase of its bonds and who contributed to the moneys which were received by the Casino Reinvestment Development Authority and were invested pursuant to this subsection. All functions, powers and duties relating to the investment or reinvestment of these funds, including the purchase, sale or exchange of any investments or securities, may, upon the request of the Casino Reinvestment Development Authority, be exercised and performed by the Director of the Division of Investment, in accordance with written directions of the Casino Reinvestment Development Authority signed by an authorized officer, without regard to any other law relating to investments by the Director of the Division of Investment;
n. To the extent permitted under the contract of the Casino Reinvestment Development Authority with the holders of its bonds, to invest and reinvest any of its moneys not required for immediate use, including proceeds from the sale of any obligations, securities or other investments as it shall deem prudent. All functions, powers and duties relating to the investment or reinvestment of these funds, including the purchase, sale or exchange of any investments or securities, may upon the request of the Casino Reinvestment Development Authority be exercised and performed by the Director of the Division of Investment, in accordance with written directions of the Casino Reinvestment Development Authority signed by an authorized officer, without regard to any other law relating to investments by the Director of the Division of Investment;
o. To enter into all agreements or contracts with any governmental unit or person, execute any instruments, and do and perform any acts or things necessary, convenient or desirable for the purposes of the Casino Reinvestment Development Authority to carry out any power expressly given in this act;
p. To exercise the right of eminent domain in the city of Atlantic City;
q. To establish and exercise authority over the Atlantic City Tourism District established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) and, in addition to the powers provided in this section, to exercise, with regard to the tourism district, those powers granted to the authority pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill);
[q.] r. To meet and hold hearings at places as it shall designate; and
[r.] s. To establish, develop, construct, acquire, own, operate, manage, promote, maintain, repair, reconstruct, restore, improve and otherwise effectuate, either directly or indirectly, through lessees, licensees or agents, projects consisting of facilities, at a site or sites within the State of New Jersey, that are related to, incidental to, necessary for or complementary to, the accomplishment of any of the purposes of the authority or of any project of the authority authorized in accordance with P.L.1984, c.218 (C.5:12-144.1 et seq.), as amended.
(cf: P.L.2001, c.221, s.15)
4. (New section) a. There shall be established by resolution of the authority the Atlantic City Tourism District, which shall consist of those lands within Atlantic City that comprise an area to be designated by resolution of the authority. The area so designated shall include the facilities comprising licensed Atlantic City casinos, casino hotels, and any appurtenant property, any property under the ownership or control of the authority, the Atlantic City Special Improvement District established by ordinance of the City of Atlantic City, any property under the ownership or control of the convention center authority prior to the transfer date, any property within Atlantic City under the ownership or control of the New Jersey Sports and Exposition Authority established pursuant to P.L.1971, c.137 (C.5:10-1 et seq.) prior to the transfer date, the Atlantic City Convention Center, Boardwalk Hall and any part of the property consisting of the Atlantic City convention center project prior to the transfer date, and any specified parts of Atlantic City which the authority finds by resolution to be an area in which the majority of private entities are engaged primarily in the tourism trade, and the majority of public entities, if any, serve the tourism industry. The authority shall adopt the resolution by an affirmative vote of two-thirds of the voting members of the authority no more than 90 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. Upon and after the adoption, pursuant to subsection a. of this section, of the resolution establishing the tourism district, the authority shall have jurisdiction within the tourism district to impose land use regulations, implement development and design guidelines and implement initiatives that promote cleanliness, commercial development, and safety, undertake redevelopment projects, and institute public safety improvements in coordination with the Joint Law Enforcement Task Force established pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. (1) Notwithstanding any law, rule, or regulation to the contrary, upon and after the adoption, pursuant to subsection a. of this section, of the resolution establishing the tourism district, the authority shall have, in conjunction with the appropriate road and highway authority or authorities, as appropriate, jurisdiction with respect to the approval of development projects upon those roads and highways over which such road and highway authority or authorities have jurisdiction as of the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill).
(2) Notwithstanding any law, rule, or regulation to the contrary, upon and after the adoption, pursuant to subsection a. of this section, of the resolution establishing the tourism district, the authority shall have, with respect to the roads and highways located within the tourism district, exclusive jurisdiction with respect to the promulgation of rules and regulations affecting the control and direction of traffic within the tourism district.
d. The authority may, by resolution, authorize the commencement of studies and the development of preliminary plans and specifications relating to the creation and maintenance of the tourism district. These studies and plans shall include, whenever possible, estimates of construction and maintenance costs, and may include criteria to regulate the construction and alteration of facades of buildings and structures in a manner which promotes unified or compatible design.
e. In furtherance of the development of an economically viable and sustainable tourism district, the authority shall, within one year of the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), adopt a tourism district master plan. The authority shall initiate a joint planning process with the participation of: State departments and agencies, corporations, commissions, boards, and, prior to the transfer date, the convention center authority; metropolitan planning organizations; Atlantic County; Atlantic City; and appropriate private interests.
f. After the creation of the tourism district pursuant to subsection a. of this section, the authority shall create a commission to be known as the Atlantic City Tourism District Advisory Commission, or "ACT Commission," consisting of members to be appointed by the authority. Persons appointed as members of the commission shall include public officials of Atlantic City and Atlantic County, representatives of the casino and tourism industries, public citizens, and any other individual or organization the authority deems appropriate. The commission shall be authorized to review the authority's annual budget and the authority's plans concerning the tourism district. The commission shall, from time to time, make recommendations to the authority concerning the authority's development and implementation of the tourism district master plan, and the authority shall give due consideration to those recommendations.
g. The tourism district master plan shall establish goals, policies, needs, and improvement of the tourism district, the implementation of clean and safe initiatives, and the expansion of the Atlantic City boardwalk area to reflect an authentic New Jersey boardwalk experience. The authority may consult with public and private entities, including, but not limited to, those entities that are present in, or that have been involved with the development of, boardwalk areas in New Jersey such as the boardwalk areas of Ocean City, the Wildwoods, and Cape May.
h. In developing the tourism district master plan, the authority shall place special emphasis upon the following:
(1) the facilitation, with minimal government direction, of the investment of private capital in the tourism district in a manner that promotes economic development;
(2) making use of marina facilities in a way that increases economic activity;
(3) the development of the boardwalk area;
(4) the development of the Marina District; and
(5) the development of nongaming, family centered tourism related activities such as amusement parks.
i. The authority shall solicit funds from private sources to aid in support of the tourism district.
j. The authority shall administer and manage the tourism district and carry out such additional functions as are provided herein. The authority shall oversee the redevelopment of the tourism district and implementation of the tourism district master plan. The authority shall enter into agreements with public and private entities for the purposes of promoting the economic and general welfare of Atlantic City and the tourism district.
k. The authority shall provide that all available assets and revenues of the authority shall be devoted to the purposes of the tourism district and community development in Atlantic City, unless otherwise provided by contract entered into prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) or by law.
5. (New section) a. In conjunction with the adoption, pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), of the resolution establishing the tourism district, the authority shall propose and adopt development and design guidelines and land use regulations for the tourism district. Such guidelines and regulations shall be consistent with and in furtherance of the tourism district master plan. Provisions may be made by the authority for the waiver, according to definite criteria adopted by regulation of the authority pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), of strict compliance with the standards promulgated, where necessary to alleviate hardship. Upon and after the adoption of the resolution establishing the tourism district, the development and design guidelines and land use regulations adopted by the authority shall supersede the master plans, the zoning and land use ordinances and regulations, and the zoning maps of Atlantic City adopted pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) or any other State or local law.
b. Notwithstanding the provisions to the contrary of the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) or any other law, rule, or regulation, upon and after the adoption of the resolution establishing the tourism district, the review and approval or denial of site plans and development proposals for development upon and improvements to land within the tourism district that would otherwise be performed by the governing bodies or agencies of the county or municipality in which the tourism district is located shall instead be performed by the authority, but this assignment of responsibility to the authority shall not be deemed to supersede requirements of State or federal law pertaining to the review and approval of such plans or proposals by other agencies. In performing the review, the authority shall utilize the development and design guidelines and land use regulations that it shall have adopted in conjunction with its adoption of the resolution establishing the tourism district. The procedures used by the authority for the approval of site plans and developments within the tourism district shall be the same as the procedures that would otherwise be used by a county or municipal governing body or other local entity pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), including, but not limited to, procedures for hearings and for the issuance of notice thereof, for the payment of application fees, for appeals, and for the posting of escrow deposits, if any. The authority shall establish an office to issue permits for site plans and development projects. The authority shall by regulation provide for mandatory conceptual review, by or on behalf of the authority, of site plan and development applications; provided, however, that unless accompanied by a request for a variance to be granted by the authority pursuant to subsection d. of this section, any such mandatory conceptual review shall be completed within 45 days of the authority's receipt of the application, or within such later time period if agreed to by the applicant.
c. The authority shall be deemed an interested party entitled to notice of all applications for properties within the tourism district or within 200 feet of the tourism district's boundaries, irrespective of whether the authority owns the portion of the project area within 200 feet.
d. (1) The provisions of subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70) notwithstanding and except as provided in paragraph (2) of this subsection, the authority shall have sole and exclusive jurisdiction to grant for special reasons shown, a variance from the requirements that it shall have established in conjunction with the adoption pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) of the resolution establishing the tourism district, including development and design guidelines or land use regulations adopted by the authority, or from the requirements of the master plan, as appropriate, to permit: (a) a use or principal structure in the district restricted against such use or principal structure, (b) a continuation or an expansion of a nonconforming use, (c) deviation from a specification or standard pursuant to land use regulations adopted by the authority pertaining solely to a conditional use, (d) an increase in the permitted floor area ratio as established by the land use regulations adopted by the authority, (e) an increase in the permitted density as established by the land use regulations adopted by the authority, or (f) a height of a principal structure which exceeds by 10 feet or 10 percent the maximum height permitted in the district for a principal structure. Such variances shall not be granted unless the applicant demonstrates to the satisfaction of the authority that special reasons exist for the granting of such variance, that the granting of the requested variance will not substantially impair the intent and purpose of the master plan, and that the variance can be granted without substantial detriment to the public good. Application for such a variance shall be submitted together with or prior to an application for mandatory conceptual review pursuant to subsection b. of this section, and the authority shall approve or deny the application within 120 days of a complete submission unless the applicant agrees to extend the time. In lieu of granting a variance, the authority in its discretion may require the adoption of a plan amendment.
(2) Variances granted pursuant to subparagraphs (a) through (e) of paragraph (1) of this subsection shall require the affirmative vote of a majority of the members of the authority.
e. Notwithstanding any other provision of P.L. , c. (C. ) (pending before the Legislature as this bill) or any other law, rule or regulation to the contrary, upon and after the adoption pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) of the resolution establishing the tourism district, the filing of a petition with the authority upon or after commencement of a redevelopment project undertaken in furtherance of the master plan shall not effect a delay in or cessation of any action concerning the redevelopment project.
f. Notwithstanding any other provision of P.L. , c. (C. ) (pending before the Legislature as this bill) or any other law, rule or regulation to the contrary, upon and after the adoption pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) of the resolution establishing the tourism district, Atlantic City shall not designate the tourism district or any portion thereof as an area in need of redevelopment or an area in need of rehabilitation, or adopt a redevelopment plan for any property within the tourism district pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.) without the consent of the authority.
6. (New section) After the creation of the tourism district pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), the authority shall create a commission to be known as the Atlantic City Tourism Marketing Advisory Commission, consisting of members to be appointed by the authority. The authority shall appoint to the commission representatives of the casino and tourism industries, public citizens, and any other individual or organization the authority deems appropriate. The commission shall develop and implement a full scale, national, ten-year marketing program. The commission shall be authorized to review the authority's annual budget and the authority's plans concerning the marketing program, and the authority shall give due consideration to those recommendations. The commission shall, from time to time, make recommendations to the authority concerning the authority's development and implementation of the marketing program. In its implementation of the marketing program, the authority shall develop a brand identity for Atlantic City and the tourism district that can be effectively communicated nationwide. The brand identity shall be designed in a manner that will emphasize, to potential investors and tourists, Atlantic City's unique character, boardwalk attractions, and appeal as a destination resort.
7. (New section) a. In conjunction with the establishment of the tourism district pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), the Superintendent of the Division of State Police in the Department of Law and Public Safety shall establish a Joint Law Enforcement Task Force composed of a Task Force Director appointed jointly by the chairman of the authority and the superintendent, law enforcement officers offered employment pursuant to subsection d. of this section, and such other law enforcement and supervisory officers of the Division of State Police as the superintendent and Task Force Director shall determine to be necessary, to assume general responsibility for and supervision of the conduct of all law enforcement operations and activities within the tourism district and the Atlantic City Special Improvement District established by ordinance of the City of Atlantic City. The Task Force Director shall be appointed for a term of four years and may be reappointed upon expiration of a term.
b. Upon its establishment, the Joint Law Enforcement Task Force shall assume exclusive responsibility for conducting the law enforcement operations and activities in the tourism district.
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. The Task Force Director shall be the head of the task force governing body. The task force shall:
(1) develop and implement the policies, guidelines, and procedures pursuant to which the task force shall conduct law enforcement operations, activities, and programs within the district;
(2) effectuate the transfer of responsibility for the conduct of law enforcement to the task force from the police department of Atlantic City;
(3) enhance public awareness of the transfer of law enforcement to the task force from the police department of Atlantic City;
(4) develop and implement law enforcement initiatives for the district; and
(5) study, classify, and evaluate the criminal activities and threats to effective and efficient law enforcement within the tourism district.
The law enforcement officers of the Joint Law Enforcement Task Force shall be under the supervision of the Task Force Director. The Task Force Director, together with any officers of the Division of State Police designated by the superintendent, shall be responsible for all decisions regarding the law enforcement operations and activities within the tourism district.
d. Law enforcement officers employed by the Atlantic City police department, as well as those officers that were laid off from the Atlantic City police department during the 24 months preceding the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be granted the right of first refusal of 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. 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.
f. The authority shall coordinate with other appropriate federal, State, county, and local law enforcement agencies to ensure the efficient and cost-effective implementation of the functions and duties of the task force under this section.
8. (New section) a. The superintendent and chair of the authority shall jointly 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 tourism 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 granted the right of first refusal, and shall jointly certify to the authority the amount of that attributable cost. The total amount so certified shall not 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 P.L. , c. (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.).
b. After the development of each authority annual budget, the authority shall assess a fee payable by each casino licensee for the fiscal year. The cumulative total of the fees so assessed shall include an amount sufficient to reimburse the Division of State Police and the Department of Law and Public Safety for their costs during the preceding fiscal year of assuming supervisory and operational responsibilities for law enforcement activities with the tourism district, as certified pursuant to subsection a. of this section.
c. The fee assessed under this section shall be in proportion to the casino licensee's gross revenues generated in the fiscal year preceding the assessment. The total fees assessed collectively upon all casino licensees shall be no less than $22,500,000 for the State fiscal year in which P.L. , c. (C. ) (pending before the Legislature as this bill) is enacted, and no less than $30,000,000 for each State fiscal year thereafter.
d. Such fees shall be used exclusively to facilitate the development of the tourism district, enhance the cleanliness and safety of the tourism district, fund the authority's marketing efforts concerning tourism in the district, reimburse law enforcement costs certified pursuant to subsection a. of this section, and support gaming in the State; provided, however, that if the cumulative total amount of any cost savings realized by all casino licenses as the result of a reduction in fees pursuant to revisions to the law concerning regulation of the casino industry exceeds $22,500,000 in the first fiscal year, or $30,000,000 in the second and third fiscal years, following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the amount from the fees imposed pursuant to this section that is allocated in those respective fiscal years to the support of gaming shall be not less than the amount of that excess in those respective fiscal years, up to $15,000,000 in the first fiscal year, $10,000,000 in the second fiscal year, and $5,000,000 in the third fiscal year. Fees assessed pursuant to this subsection may be increased pursuant to a resolution of the authority finding that increased fees are necessary to facilitate the development of the tourism district, the authority's marketing efforts concerning tourism in the district, and the support of gaming in the State. The authority shall be responsible for collection of the fees assessed pursuant to this section. The portion of the total amount of the collected fees equal to the amount certified pursuant to subsection a. of this section shall be appropriated annually to the Department of Law and Public Safety.
9. (New section) a. Notwithstanding any law, rule, or regulation to the contrary, if the South Jersey Transportation Authority shall sell the airport known as the Atlantic City International Airport and any other lands and improvements as the South Jersey Transportation Authority has acquired pursuant to section 24 of P.L.1991, c.252 (C.27:25A-24) and all related facilities and activities, the South Jersey Transportation Authority shall assign and pay to the authority any revenues or proceeds from such sale.
b. Notwithstanding any other provision of law or regulation to the contrary, the authority shall give priority in the expenditure of any funds, derived from the sale of the airport pursuant to subsection a. of this section or otherwise designated by law for the authority, to redevelopment projects, including development, infrastructure improvements and enhancements, and public safety improvements, within the tourism district.
10. (New section) Upon enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), after the investment alternative tax is authorized by law to be collected from revenues generated by Internet wagering, the authority shall allocate the first $30,000,000 from such tax, for each State fiscal year for a period of not more than the first five State fiscal years commencing after such tax is authorized by law to be collected from Internet wagering, to the New Jersey Racing Commission to be used for the benefit of horse racing in this State, provided, however, that the use of those funds for that purpose shall cease one State fiscal year after wagering on sports events is implemented in this State.
11. (New section) a. Until the Transfer Date, the authority shall not exercise any powers, rights, or duties conferred by P.L. , c. (C. ) (pending before the Legislature as this bill) or by any other law in any way which will interfere with the powers, rights, and duties of the convention center authority. The authority shall not before the Transfer Date exercise any powers of the convention center authority. The authority and the convention center authority are directed to cooperate with each other so that the Transfer Date shall occur as soon as practicable after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), and the convention center authority shall make available information concerning its property and assets, outstanding bonds and other debts, obligations, liabilities and contracts, operations, and finances as the authority may require to provide for the retirement of any outstanding bonds, notes, or other obligations of the convention center authority, and the efficient exercise by the authority of all powers, rights, and duties conferred upon them by P.L. , c. (C. ) (pending before the Legislature as this bill).
b. On the Transfer Date: (1) The authority shall assume all of the powers, rights, assets, and duties of the convention center authority to the extent provided by P.L. , c. (C. ) (pending before the Legislature as this bill), and such powers shall then and thereafter be vested in and shall be exercised by the authority and the chair thereof.
(2) The terms of office of the members of the convention center authority shall terminate, the officers having custody of the funds of the convention center authority shall deliver those funds into the custody of the chair of the authority, the property and assets of the convention center authority shall, without further act or deed, become the property and assets of the authority, and the convention center authority shall cease to exist.
(3) The officers and employees of the convention center authority shall be transferred to the authority and shall become employees of the authority until determined otherwise by the authority.
Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to deprive any officers or employees of the convention center authority of their rights, privileges, obligations, or status with respect to any pension or retirement system. The employees shall retain all of their rights and benefits under existing collective negotiation agreements or contracts until such time as new or revised agreements or contracts are agreed to. All existing employee representatives shall be retained to act on behalf of those employees until such time as the employees shall, pursuant to law, elect to change those representatives. Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall affect the civil service status, if any, of those officers or employees. Upon expiration of any agreement or contract pertaining to the employment of convention center employees, the authority shall make reasonable efforts to retain former employees of the convention center authority transferred hereunder to the authority.
(4) All debts, liabilities, obligations and contracts of the convention center authority, except to the extent specifically provided or established to the contrary in P.L. , c. (C. ) (pending before the Legislature as this bill), are imposed upon the authority, and all creditors of the convention center authority and persons having claims against or contracts with the convention center authority of any kind or character may enforce those debts, claims, and contracts against the authority as successor to the convention center authority in the same manner as they might have against the convention center authority, and the rights and remedies of those holders, creditors, and persons having claims against or contracts with the convention center authority shall not be limited or restricted in any manner by P.L. , c. (C. ) (pending before the Legislature as this bill).
(5) In continuing the functions, contracts, obligations and duties of the convention center authority, the authority is authorized to act in its own name or in the name of the convention center authority as may be convenient or advisable under the circumstances from time to time.
(6) Any references to the convention center authority in any other law or regulation shall be deemed to refer and apply to the authority.
(7) All rules and regulations of the convention center authority shall continue in effect as the rules and regulations of the authority until amended, supplemented or rescinded by the authority in accordance with law. Notwithstanding any requirements of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the authority may adopt regulations, after notice and an opportunity for public comment, amending, supplementing, modifying, or repealing the regulations of the convention center authority. Such regulations shall be effective immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months from the Transfer Date and they may, thereafter, be amended, adopted or readopted in accordance with the "Administrative Procedure Act." Regulations of the convention center authority inconsistent with the provisions of this act or of regulations of the authority shall be deemed void if so judged by the authority acting pursuant to the provisions of this paragraph.
(8) All operations of the convention center authority shall continue as operations of the authority until altered by the authority as may be permitted pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
(9) The powers vested in the authority by P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed as being in addition to and not in diminution of the powers heretofore vested by law in the authority to the extent not otherwise altered or provided for in P.L. , c. (C. ) (pending before the Legislature as this bill).
c. As soon as practicable after the Transfer Date, the chairman shall notify the Governor and the presiding officers of each house of the Legislature that the transfer has occurred, the date of the transfer, and any other information concerning the transfer the chairman deems appropriate.
12. (New section) Upon the transfer of the convention center authority as provided in section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill), all convention center authority projects, including the Atlantic City convention center project, shall be maintained by the authority.
13. (New section) a. Prior to the Transfer Date, the authority is authorized to issue bonds, refunding bonds, notes, or other indebtedness to facilitate the timely occurrence of the Transfer Date, including but not limited to, the issuance of bonds, refunding bonds, notes, or other indebtedness to provide that all bonds or notes issued by the convention center authority to finance any projects, and the interest thereon, have been paid, or a sufficient amount for the payment of all those bonds or notes, and the interest thereon, has been set aside in trust for the benefit of the bondholders.
b. On the Transfer Date, the power of the convention center authority to issue bonds, refunding bonds, notes, or other indebtedness is continued but transferred to the authority and shall thereafter be exercised and administered by the authority.
c. The convention center authority and the authority are authorized to enter into such agreements as are necessary to facilitate the transfers contemplated by this section.
14. (New section) Upon the transfer of the convention center authority, the provisions of P.L.1981, c.459 (C.52:27H-29 et seq.) and P.L.2008, c.47 (C.52:27H-31.1 et al.) insofar as they are not inconsistent with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), shall continue in effect, and any reference therein or in any other law to the convention center authority, to the chair of the convention center authority, or to any member thereof, shall be deemed to mean and refer to the chair of the authority.
15. (New section) Upon the establishment of the tourism district by resolution of the authority pursuant to the provisions of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), the authority shall assume all functions, powers, and duties of Atlantic City, and of any agency or instrumentality thereof, with respect to the Atlantic City Special Improvement District, and the City of Atlantic City shall repeal the ordinance or ordinances establishing that special improvement district.
16. (New section) P.L. , c. (C. ) (pending before the Legislature as this bill) shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.), except as may otherwise be provided under P.L. , c. .
17. (New section) The authority shall exercise due regard for the rights of the holders of bonds of the authority, at any time outstanding, and nothing in, or done pursuant to, the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), shall in any way limit, impair, restrict, or alter the obligation or powers of the authority to carry out and perform in every detail each and every covenant, agreement, or contract at any time made or entered into by, or on behalf of, the authority with respect to its bonds or for the benefit, protection, or security of the holders thereof.
18. (New section) The authority, in implementing any of its functions involving the tourism district, including but not limited to, the regulation and encouragement of economic development and the promotion of cleanliness, safety, and commerce, is authorized and directed, notwithstanding any law, rule, or regulation to the contrary, to enter into public-private partnerships or similar arrangements with private entities in implementing the provisions of this act.
19. This act shall take effect immediately, but the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be construed as affecting terms of any contract or agreement in effect as of the effective date of P.L. , c. .
STATEMENT
This bill directs the Casino Reinvestment Development Authority ("CRDA") to establish, by resolution, the Atlantic City Tourism District ("tourism district") within Atlantic City, Atlantic County.
The tourism district would be an area in which the CRDA would have authority to impose land use regulations, implement a tourism district master plan promoting cleanliness, commercial development, and safety within the tourism district, undertake redevelopment projects, and institute public safety infrastructure improvements. The tourism district would encompass the casinos, and appurtenant property, casino hotels and appurtenant property, any property under the ownership or control of the CRDA, the Atlantic City Special Improvement District, any property under the ownership or control of the Atlantic City Convention and Visitors Authority, property within Atlantic City that is under the ownership or control of the New Jersey Sports and Exposition Authority, any part of the property consisting of the Atlantic City convention center project, including the Atlantic City Convention Center and Boardwalk Hall, and any specified parts of Atlantic City which the CRDA finds by resolution to be an area in which the majority of entities are engaged primarily in the tourism trade.
The CRDA is given extensive powers to redevelop and manage the tourism district. Among these are the powers to:
(1) undertake redevelopment projects;
(2) authorize the commencement of studies and the development of preliminary plans and specifications relating to the creation and maintenance of the tourism district and including, whenever possible, estimates of construction and maintenance costs;
(3) authorize or deny, in conjunction with relevant State or local authorities as defined in the bill, road and highway projects within and approximate to the tourism district;
(4) establish regulations concerning control and direction of traffic within the tourism district;
(5) adopt development and design guidelines and land use regulations which would supersede guidelines and regulations of Atlantic City and Atlantic County with respect to the tourism district;
(6) implement a full scale, ten-year, national marketing program for Atlantic City and the tourism district and establish the Atlantic City Tourism Marketing Advisory Commission to make recommendations concerning implementation of the program;
(7) establish the Atlantic City Tourism District Advisory Commission to make recommendations concerning implementation of the tourism district master plan; and
(8) oversee the redevelopment of the tourism district and implementation of the tourism district master plan.
In developing the tourism district master plan, the CRDA would be required to place special emphasis upon the following:
(1) making use of marina facilities in a way that increases economic activity;
(2) development of the boardwalk area;
(3) development of the Marina District;
(4) development of the development of nongaming, family centered tourism related activities such as amusement parks; and
(5) the facilitation, with minimal government direction, of the investment of private capital in the tourism district in a manner that promotes economic development.
In addition, the bill grants the CRDA the power to allocate funds for the benefit of the gaming industry in New Jersey and removes its obligation to encourage investment in, or financing of projects, plans, or programs involving schools.
The bill assigns to the CRDA any proceeds from the sale of the airport known as the Atlantic City International Airport. The bill directs the CRDA to solicit private funds to support the tourism district. It also directs the CRDA to assess and collect annually a fee payable by each casino licensee in proportion to the licensee's gross revenues generated in the fiscal year preceding the assessment. The total fees assessed collectively upon all casino licensees are to be no less than $22.5 million for the State fiscal year in which the bill is enacted and $30 million for each subsequent State fiscal year. The fees would be used to facilitate the development of the tourism district, enhance the cleanliness and safety of the tourism district, fund the authority's marketing efforts concerning tourism in the district, reimburse law enforcement costs related to the district, and support gaming in the State; provided, however, that if the cumulative total amount of any cost savings realized by all casino licenses as the result of a reduction in fees pursuant to revisions to the law concerning regulation of the casino industry exceeds $22.5 million in the first fiscal year, or $30 million in the second and third fiscal years, following the bill's effective date, the amount from the fees that is allocated in those respective fiscal years to the support of gaming shall be not less than the amount of that excess in those respective fiscal years, up to $15 million in the first fiscal year, $10 million in the second fiscal year, and $5 million in the third fiscal year. Fees may be increased pursuant to a resolution of the authority finding that increased fees are necessary to facilitate the development of the tourism district, the authority's marketing efforts concerning tourism in the district, and the support of gaming in the State. It is the sponsor's understanding that certain pending legislation regarding the law concerning regulation of the casino industry would effect a reduction in fees payable by casino licensees.
In addition, the bill would direct the Superintendent of the Division of State Police in the Department of Law and Public Safety to establish a Joint Law Enforcement Task Force ("task force"), composed of a Task Force Director to be appointed jointly by the superintendent and CRDA chair, Atlantic City officers offered employment pursuant to the provisions of the bill, and such supervisory officers of the Division of State Police as the superintendent determines to be necessary, to assume general responsibility for and supervision of the conduct of all law enforcement operations and activities within the tourism district. The superintendent would certify that the former Atlantic City officers meet the qualifications to serve as State Police. The Task Force Director will serve as the head of the task force. The division's operating costs of carrying out its task force responsibilities will be reimbursed from a fee assessed upon casino licensees.
Law enforcement officers employed by the Atlantic City police department, as well as those who have been laid off from the Atlantic City police department within 24 months preceding the enactment of the bill, would be granted the right of first refusal for employment with the Department of Law and Public Safety and, if they meet the appropriate qualification and training requirements, will be employed for assignment exclusively to the task force.
The bill makes the CRDA responsible for allocating $30 million annually to the New Jersey Racing Commission for a maximum five years from revenues generated from an investment alternative tax imposed upon Internet wagering (the assessment is not imposed pursuant to the provisions of this bill). The money would be used for the benefit of the horse racing industry provided, however, that the use of those funds for that purpose would cease one year after wagering on sports events is implemented in New Jersey.
Finally, the bill provides for the transfer of the Atlantic City Convention and Visitors Authority ("ACCVA"), together with its functions, powers and duties, to the CRDA. All projects of the ACCVA, including the Atlantic City convention center project would be transferred to the CRDA and would thereafter be maintained by the CRDA.
