Bill Text: NJ ACR2 | 2014-2015 | Regular Session | Amended

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Bill Title: Proposes constitutional amendment to allow Legislature to authorize by law establishment and operation of casinos in certain counties.

Spectrum: Strong Partisan Bill (Democrat 17-1)

Status: (Introduced - Dead) 2015-12-17 - Concurrent Resolution Placed on [ACR2 Detail]

Download: New_Jersey-2014-ACR2-Amended.html

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[First Reprint]

ASSEMBLY CONCURRENT RESOLUTION No. 2

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED DECEMBER 14, 2015

 

 

Sponsored by:

Assemblyman  RALPH R. CAPUTO

District 28 (Essex)

Assemblyman  VINCENT PRIETO

District 32 (Bergen and Hudson)

Assemblyman  GARY S. SCHAER

District 36 (Bergen and Passaic)

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblyman  RAJ MUKHERJI

District 33 (Hudson)

Assemblyman  JOSEPH A. LAGANA

District 38 (Bergen and Passaic)

Assemblyman  TIM EUSTACE

District 38 (Bergen and Passaic)

Assemblywoman  MARLENE CARIDE

District 36 (Bergen and Passaic)

Assemblywoman  ANGELICA M. JIMENEZ

District 32 (Bergen and Hudson)

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

 

 

 

 

SYNOPSIS

     Proposes constitutional amendment to allow Legislature to authorize by law establishment and operation of casinos in certain counties.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Judiciary Committee on December 17, 2015, with amendments.

 

A Concurrent Resolution proposing to amend Article IV, Section VII, paragraph 2 of the New Jersey Constitution.

 

     Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

 

     1.  The following proposed amendment to the Constitution of the State of New Jersey is hereby agreed to:

 

PROPOSED AMENDMENT

 

     Amend Article IV, Section VII, paragraph 2 to read as follows:

     2.    No gambling of any kind shall be authorized by the Legislature unless the specific kind, restrictions and control thereof have been heretofore submitted to, and authorized by a majority of the votes cast by, the people at a special election or shall hereafter be submitted to, and authorized by a majority of the votes cast thereon by, the legally qualified voters of the State voting at a general election, except that, without any such submission or authorization:

     A.   It shall be lawful for bona fide veterans, charitable, educational, religious or fraternal organizations, civic and service clubs, senior citizen associations or clubs, volunteer fire companies and first-aid or rescue squads to conduct, under such restrictions and control as shall from time to time be prescribed by the Legislature by law, games of chance of, and restricted to, the selling of rights to participate, the awarding of prizes, in the specific kind of game of chance sometimes known as bingo or lotto, played with cards bearing numbers or other designations, 5 or more in one line, the holder covering numbers as objects, similarly numbered, are drawn from a receptacle and the game being won by the person who first covers a previously designated arrangement of numbers on such a card, when the entire net proceeds of such games of chance are to be devoted to educational, charitable, patriotic, religious or public-spirited uses, and in the case of bona fide veterans' organizations and senior citizen associations or clubs to the support of such organizations, in any municipality, in which a majority of the qualified voters, voting thereon, at a general or special election as the submission thereof shall be prescribed by the Legislature by law, shall authorize the conduct of such games of chance therein;

     B.    It shall be lawful for the Legislature to authorize, by law, bona fide veterans, charitable, educational, religious or fraternal organizations, civic and service clubs, senior citizen associations or clubs, volunteer fire companies and first-aid or rescue squads to conduct games of chance of, and restricted to, the selling of rights to participate, and the awarding of prizes, in the specific kinds of games of chance sometimes known as raffles, conducted by the drawing for prizes or by the allotment of prizes by chance, when the entire net proceeds of such games of chance are to be devoted to educational, charitable, patriotic, religious or public-spirited uses, and in the case of bona fide veterans' organizations and senior citizen associations or clubs to the support of such organizations, in any municipality, in which such law shall be adopted by a majority of the qualified voters, voting thereon, at a general or special election as the submission thereof shall be prescribed by law and for the Legislature, from time to time, to restrict and control, by law, the conduct of such games of chance;

     C.    It shall be lawful for the Legislature to authorize the conduct of State lotteries restricted to the selling of rights to participate therein and the awarding of prizes by drawings when the entire net proceeds of any such lottery shall be for State institutions and State aid for education; provided, however, that it shall not be competent for the Legislature to borrow, appropriate or use, under any pretense whatsoever, lottery net proceeds for the confinement, housing, supervision or treatment of, or education programs for, adult criminal offenders or juveniles adjudged delinquent or for the construction, staffing, support, maintenance or operation of an adult or juvenile correctional facility or institution;

     D.   (1) It shall be lawful for the Legislature to authorize by law the establishment and operation, under regulation and control by the State, of gambling houses or casinos within the boundaries, as heretofore established, of the city of Atlantic City, county of Atlantic, and to license and tax such operations and equipment used in connection therewith. Any law authorizing the establishment and operation of such gambling establishments shall provide for the State revenues derived therefrom to be applied solely for the purpose of providing funding for reductions in property taxes, rental, telephone, gas, electric, and municipal utilities charges of eligible senior citizens and disabled residents of the State, and for additional or expanded health services or benefits or transportation services or benefits to eligible senior citizens and disabled residents, in accordance with such formulae as the Legislature shall by law provide.  The type and number of such casinos or gambling houses and of the gambling games which may be conducted in any such establishment shall be determined by or pursuant to the terms of the law authorizing the establishment and operation thereof.

     (2)  It shall also be lawful for the Legislature to authorize by law wagering at casinos or gambling houses in Atlantic City on the results of any professional, college, or amateur sport or athletic event, except that wagering shall not be permitted on a college sport or athletic event that takes place in New Jersey or on a sport or athletic event in which any New Jersey college team participates regardless of where the event takes place.

     (3)   (a)  It shall also be lawful for the Legislature to authorize by law the establishment and operation, under regulation and control by the State, of no more than two gambling houses or casinos, each one to be located in different counties of this State, and to license and tax such operations and equipment used in connection therewith.  The boundaries of each municipality in which each gambling house or casino is located shall be outside a 75 mile radius calculated from the outermost boundary, as heretofore established, of the city of Atlantic City in the county of Atlantic.

     (b)  Any law authorizing the establishment and operation of such gambling establishments shall provide for all the State revenues derived therefrom to be credited to a special New Jersey Investment Fund to be applied solely as follows.

     Commencing in the first State fiscal year in which State revenues are derived under part (3) of subparagraph D. of this paragraph, and for the subsequent 15 State fiscal years, the revenues in the investment fund shall be applied as follows:

     (i)  35 percent of the amount credited in each State fiscal year shall be dedicated for the purposes of the recovery, stabilization, or improvement of the city of Atlantic City, and

     (ii)  63 percent of the amount credited in each State fiscal year shall be dedicated as follows:

     ¹[one half] 48 percent¹ for the purposes specified in part (1) of subparagraph D. of this paragraph; and

     ¹[one half] 52 percent¹ for State aid to each county and municipality in the State for programs and property tax relief for senior citizens and disabled residents.

     For the next subsequent 10 State fiscal years, the percentage applied for the purposes of (i) above shall decrease by one and one-half percentage points from the prior State fiscal year percentage, and the percentage applied for the purposes of (ii) above shall increase by one and one-half percentage points from the prior State fiscal year percentage.

     Thereafter, 20 percent of revenues credited to the investment fund in each State fiscal year shall be applied for the purposes of (i) above, and 78 percent of revenues credited in each State fiscal year shall be applied for the purposes of (ii) above.

     Commencing in the first State fiscal year in which State revenues are derived under part (3) of subparagraph D. of this paragraph and in each State fiscal year thereafter, two percent of the amount credited to the investment fund in each State fiscal year shall be dedicated for the purposes of programs designed to aid the thoroughbred and standardbred horsemen in this State.

     (c)  The eligibility for the initial license to establish and operate one of the gambling houses or casinos under part (3) of subparagraph D. of this paragraph shall be limited to: a holder of a New Jersey casino license that was operating a casino which was conducting gambling on December 11, 2015; or any person licensed as a principal owner of a holder of a New Jersey casino license that was operating a casino which was conducting gambling on December 11, 2015 if that principal owner also holds a valid license to own and operate a casino in another jurisdiction with licensing standards similar to those in New Jersey.

     (d)  The location and type of such casinos or gambling houses, and of the gambling games which may be conducted in any such establishment, shall be determined by or pursuant to the terms of the law authorizing the establishment and operation thereof.

     E.    It shall be lawful for the Legislature to authorize, by law, (1) the simultaneous transmission by picture of running and harness horse races conducted at racetracks located within or outside of this State, or both, to gambling houses or casinos in the city of Atlantic City and (2) the specific kind, restrictions and control of wagering at those gambling establishments on the results of those races. The State's share of revenues derived therefrom shall be applied for services to benefit eligible senior citizens as shall be provided by law; and

     F.    It shall be lawful for the Legislature to authorize, by law, the specific kind, restrictions and control of wagering on the results of live or simulcast running and harness horse races conducted within or outside of this State.  The State's share of revenues derived therefrom shall be used for such purposes as shall be provided by law. 

     It shall also be lawful for the Legislature to authorize by law wagering at current or former running and harness horse racetracks in this State on the results of any professional, college, or amateur sport or athletic event, except that wagering shall not be permitted on a college sport or athletic event that takes place in New Jersey or on a sport or athletic event in which any New Jersey college team participates regardless of where the event takes place.

(cf: Art. IV, Sec. VII, par. 2; amended effective December 5, 2013)

 

     2.  When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

 

     3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

     There shall be printed on each official ballot to be used at the general election, the following:

     a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

     If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

     b. In every municipality the following question:

 

		CONSTITUTIONAL AMENDMENT TO PERMIT CASINO GAMBLING IN TWO COUNTIES OTHER THAN ATLANTIC COUNTY
	YES	Do you approve amending the Constitution to permit casino gambling in two additional counties in this State?  At present, casino gambling is allowed only in Atlantic City in Atlantic County.       Only one casino in each of the two counties would be permitted.  Each casino is to be located in a town that is more than 75 miles from Atlantic City.  The amendment would limit who may receive a casino license initially.
		INTERPRETIVE STATEMENT
	NO	At present, casino gambling is allowed only in Atlantic City in Atlantic County.  This amendment would allow the Legislature to pass laws to permit casino gambling to take place in two other counties in this State.       Only one casino in each of the two counties would be permitted.  Each casino is to be located in a town that is more than 75 miles from Atlantic City.  The amendment would limit who may receive casino licenses to operate one of the casinos initially.      The laws passed by the Legislature would provide for the location and type of casinos and the licensing and taxing of the operation and equipment.       The amendment provides that the State's share of revenue from the operation of the two casinos would be used for the recovery, stabilization, or improvement of Atlantic City.  It would also be used for programs and property tax relief for senior citizens and disabled residents.  A lesser portion would be used to aid the thoroughbred and standardbred horsemen in this State.