Bill Text: NJ S2330 | 2018-2019 | Regular Session | Amended


Bill Title: Allows certain persons convicted of certain drug offenses to qualify for casino key employee license and casino employee registration. *

Spectrum: Bipartisan Bill

Status: (Engrossed) 2019-01-15 - Received in the Assembly, Referred to Assembly Tourism, Gaming and the Arts Committee [S2330 Detail]

Download: New_Jersey-2018-S2330-Amended.html

[First Reprint]

SENATE, No. 2330

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED MARCH 22, 2018

 


 

Sponsored by:

Senator  CHRIS A. BROWN

District 2 (Atlantic)

Senator  JEFF VAN DREW

District 1 (Atlantic, Cape May and Cumberland)

 

Co-Sponsored by:

Senators Addiego and Cruz-Perez

 

 

 

 

SYNOPSIS

     Allows persons who successfully completed special probation for certain drug offenses to qualify for casino key employee license and casino employee registration.

 

CURRENT VERSION OF TEXT

     As reported by the Senate State Government, Wagering, Tourism & Historic Preservation Committee on May 14, 2018, with amendments.

  


An Act concerning disqualification for a casino key employee license and a casino employee registration and amending P.L.1977, c.110.

 

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

 

     1.    Section 89 of P.L.1977, c.110 (C.5:12-89) is amended to read as follows:

     89.  Licensing of Casino Key Employees. a. No casino licensee or a holding or intermediary company of a casino licensee may employ any person as a casino key employee unless the person is the holder of a valid casino key employee license issued by the commission.

      b.   Each applicant for a casino key employee license must, prior to the issuance of any casino key employee license, produce information, documentation and assurances concerning the following qualification criteria:

     (1)   Each applicant for a casino key employee license shall produce such information, documentation and assurances as may be required to establish by clear and convincing evidence the financial stability, integrity and responsibility of the applicant, including but not limited to bank references, business and personal income and disbursements schedules, tax returns and other reports filed with governmental agencies, and business and personal accounting and check records and ledgers. In addition, each applicant shall, in writing, authorize the examination of all bank accounts and records as may be deemed necessary by the commission or the division.

     (2)   Each applicant for a casino key employee license shall produce such information, documentation and assurances as may be required to establish by clear and convincing evidence the applicant's good character, honesty and integrity. Such information shall include, without limitation, data pertaining to family, habits, character, reputation, criminal and arrest record, business activities, financial affairs, and business, professional and personal associates, covering at least the 10-year period immediately preceding the filing of the application. Each applicant shall notify the commission and the division of any civil judgments obtained against such applicant pertaining to antitrust or security regulation laws of the federal government, of this State or of any other state, jurisdiction, province or country. In addition, each applicant shall, upon request of the commission or the division, produce letters of reference from law enforcement agencies having jurisdiction in the applicant's place of residence and principal place of business, which letters of reference shall indicate that such law enforcement agencies do not have any pertinent information concerning the applicant, or if such law enforcement agency does have information pertaining to the applicant, shall specify what that information is. If the applicant has been associated with gaming or casino operations in any capacity, position or employment in a jurisdiction which permits such activity, the applicant shall, upon request of the commission or division, produce letters of reference from the gaming or casino enforcement or control agency, which shall specify the experience of such agency with the applicant, his associates and his participation in the gaming operations of that jurisdiction; provided, however, that if no such letters are received from the appropriate law enforcement agencies within 60 days of the applicant's request therefor, the applicant may submit a statement under oath that he is or was during the period such activities were conducted in good standing with such gaming or casino enforcement or control agency.

     (3)   (Deleted by amendment, P.L.1995, c.18.)

     (4)   Each applicant employed by a casino licensee shall be a resident of the State of New Jersey prior to the issuance of a casino key employee license; provided, however, that upon petition by the holder of a casino license, the commission may waive this residency requirement for any applicant whose particular position will require him to be employed outside the State; and provided further that no applicant employed by a holding or intermediary company of a casino licensee shall be required to establish residency in this State.

     (5)   For the purposes of this section, each applicant shall submit to the division the applicant's name, address, fingerprints and written consent for a criminal history record background check to be performed. The division is hereby authorized to exchange fingerprint data with and receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation consistent with applicable State and federal laws, rules and regulations. The applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check. The Division of State Police shall promptly notify the division in the event a current or prospective licensee, who was the subject of a criminal history record background check pursuant to this section, is arrested for a crime or offense in this State after the date the background check was performed.

      c.    (Deleted by amendment, P.L.1995, c.18.)

      d.   The commission shall deny a casino key employee license to any applicant who is disqualified on the basis of the criteria contained in section 86 of this act. Notwithstanding the provisions of this subsection, or any other law, rule, or regulation to the contrary, the commission shall not deny a casino key employee license to any applicant who has been sentenced to, and successfully discharged from, a term of special probation as provided under N.J.S.2C:35-14 for the conviction of an offense involving a controlled dangerous substance, an imitation controlled dangerous substance, or a controlled substance analog.

      e.    Upon petition by the holder of a casino license, the commission may issue a temporary license to an applicant for a casino key employee license, provided that:

     (1)   The applicant for the casino key employee license has filed a completed application as required by the commission;

     (2)   The division either certifies to the commission that the completed casino key employee license application as specified in paragraph (1) of this subsection has been in the possession of the division for at least 15 days or agrees to allow the commission to consider the application in some lesser time;

     (3)   (Deleted by amendment, P.L.1995, c.18.)

     (4)   The petition for a temporary casino key employee license certifies, and the commission finds, that an existing casino key employee position of the petitioner is vacant or will become vacant within 60 days of the date of the petition and that the issuance of a temporary key employee license is necessary to fill the said vacancy on an emergency basis to continue the efficient operation of the casino, and that such circumstances are extraordinary and not designed to circumvent the normal licensing procedures of this act;

     (5)   The division does not object to the issuance of the temporary casino key employee license.

     Unless otherwise terminated pursuant to this act, any temporary casino key employee license issued pursuant to this subsection shall expire nine months from the date of its issuance.

(cf: P.L.2011, c.19, s.55)

 

     2.    Section 91 of P.L.1977, c.110 (C.5:12-91) is amended to read as follows:

     91.  Registration of Casino Employees. a. No person may commence employment as a casino employee unless such person has a valid registration on file with the division, which registration shall be prepared and filed in accordance with the regulations promulgated hereunder.

     b.    A casino employee registrant shall produce such information as the division by regulation may require. Subsequent to the registration of a casino employee, the director may revoke, suspend, limit, or otherwise restrict the registration upon a finding that the registrant is disqualified on the basis of the criteria contained in section 86 of P.L.1977, c.110 (C.5:12-86). If a casino employee registrant has not been employed in any position within a casino hotel facility for a period of three years, the registration of that casino employee shall lapse.

     c.     (Deleted by amendment, P.L.2011, c.19)

     d. Notwithstanding the provisions of subsection b. of this section, no casino employee registration shall be revoked on the basis of a conviction of any of the offenses enumerated in this act as disqualification criteria or the commission of any act or acts which would constitute any offense under subsection c. of section 86 of P.L.1977, c.110 (C.5:12-86), as specified in subsection g. of that section, provided that the registrant has affirmatively demonstrated the registrant's rehabilitation. In determining whether the registrant has affirmatively demonstrated the registrant's rehabilitation the director shall consider the following factors:

     (1)   The nature and duties of the registrant's position;

     (2)   The nature and seriousness of the offense or conduct;

     (3)   The circumstances under which the offense or conduct occurred;

     (4)   The date of the offense or conduct;

     (5)   The age of the registrant when the offense or conduct was committed;

     (6)   Whether the offense or conduct was an isolated or repeated incident;

     (7)   Any social conditions which may have contributed to the offense or conduct;

     (8)   Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of persons who have or have had the registrant under their supervision.

      e.    (Deleted by amendment, P.L.2011, c.19)

      f.    (Deleted by amendment, P.L.2011, c.19)

      g.   For the purposes of this section, each registrant shall submit to the division the registrant's name, address, fingerprints and written consent for a criminal history record background check to be performed. The division is hereby authorized to exchange fingerprint data with and receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation consistent with applicable State and federal laws, rules and regulations. The registrant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check. The Division of State Police shall promptly notify the division in the event a current or prospective licensee, who was the subject of a criminal history record background check pursuant to this section, is arrested for a crime or offense in this State after the date the background check was performed.

      h.   Notwithstanding the provisions of subsection b. of this section, or any other law, rule, or regulation to the contrary, the 1[commission] division1 shall not deny a casino employee registration to, or revoke the registration of, any applicant who has been sentenced to, and successfully discharged from, a term of special probation as provided under N.J.S.2C:35-14 for the conviction of an offense involving a controlled dangerous substance, an imitation controlled dangerous substance, or a controlled substance analog.

(cf: P.L.2011, c.19, s.56)

 

     3.    This act shall take effect immediately.

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