Bill Text: NJ S2767 | 2010-2011 | Regular Session | Introduced
Bill Title: Reduces membership of Casino Control Commission from five to three.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-12-08 - Reported out of Assembly Committee, 2nd Reading [S2767 Detail]
Download: New_Jersey-2010-S2767-Introduced.html
Sponsored by:
Senator JIM WHELAN
District 2 (Atlantic)
SYNOPSIS
Reduces membership of Casino Control Commission from five to three.
CURRENT VERSION OF TEXT
As introduced.
An Act reducing the membership of the Casino Control Commission, and amending P.L.1977, c.110.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 50 of P.L.1977, c.110 (C.5:12-50) is amended to read as follows:
50. Creation of Casino Control Commission; number of members.
a. The New Jersey Casino Control Commission, consisting of five members, is hereby created in, but not of, the Department of the Treasury. Beginning on the effective date of P.L. , c. (pending before the Legislature as this bill), the membership shall be reduced, pursuant to the provisions of paragraph (2) of subsection c. of section 52 of P.L.1977, c.110 (C.5:12-52), from five to three members.
b. The commission shall be principally located in Atlantic City.
(cf: P.L.1995, c.18, s.10)
2. Section 51 of P.L.1977, c.110 (C.5:12-51) is amended to read as follows:
51. Members of the Commission; Qualifications and Eligibility.
a. Each member of the commission shall be a citizen of the United States and a resident of the State of New Jersey.
b. No member of the Legislature, or person holding any elective or appointive office in the federal, State or local government shall be eligible to serve as a member of the commission.
c. [No] So long as the commission consists of five members pursuant to subsection a. of section 50 of P.L.1977, c.110 (C.5:12-50), or is reduced to four members pursuant to paragraph (2) of subsection c. of section 52 of P.L.1977, c.110 (C.5:12-52), no more than three members of the commission may be of the same political affiliation. Upon the reduction of the membership to three members pursuant to the provisions of paragraph (2) of subsection c. of section 52 of P.L.1977, c.110 (C.5:12-52), no more than two members of the commission may be of the same political affiliation.
(cf: P.L.1977, c.110, s.51)
3. Section 52 of P.L.1977, c.110 (C.5:12-52) is amended to read as follows:
52. a. (Deleted by amendment, P.L.2011, c.19)
b. (Deleted by amendment, P.L.2011, c.19)
c. (1) The commission shall, pursuant to subsection a. of section 50 of P.L.1977, c.110 (C.5:12-50), consist of five members who shall be appointed for terms of 5 years; provided, however, that [no] beginning on the effective date of P.L. , c. (pending before the Legislature as this bill), the commission membership shall be reduced from five to three members in accordance with paragraph (2) of this subsection. No member shall serve more than two terms of 5 years each.
(2) Beginning on the effective date of P.L. , c. (pending before the Legislature as this bill), the commission membership shall be reduced from five to three members as follows:
(a) If there is a vacancy on the commission on the effective date of that act, the membership associated with that vacancy shall be eliminated.
(b) If there are more than three members remaining after the elimination of any membership pursuant to subparagraph (a) of this paragraph, then any necessary further reduction shall occur by eliminating the membership, or two memberships, as the case may be, associated with the first term, or the first and second terms, that expire next following the effective date of P.L. , c. (pending before the Legislature as this bill). Any elimination of a membership pursuant to this subparagraph shall occur upon the expiration of the current member's term in that position.
d. Appointments to the commission and designation of the chairman shall be made by the Governor with the advice and consent of the Senate. Prior to nomination, the Governor shall cause an inquiry to be conducted by the Attorney General into the nominee's background, with particular regard to the nominee's financial stability, integrity, and responsibility and his reputation for good character, honesty, and integrity.
e. Appointments to fill vacancies on the commission shall be for the unexpired term of the member to be replaced.
f. The member designated by the Governor to serve as chairman shall serve in such capacity throughout such member's entire term and until his successor shall have been duly appointed and qualified. No such member, however, shall serve in such capacity for more than 10 years. The chairman shall be the chief executive officer of the commission. All members shall devote full time to their duties of office and shall not pursue or engage in any other business, occupation or other gainful employment.
g. A commissioner may be removed from office for misconduct in office, willful neglect of duty, or other conduct evidencing unfitness for his office, or for incompetence. A proceeding for removal may be instituted by the Attorney General in the Superior Court. Notwithstanding any provision of this or any other act, any commissioner or employee of the commission shall automatically forfeit his office or position upon conviction of any crime. Any commissioner or employee of the commission shall be subject to the duty to appear and testify and to removal from his office, position or employment in accordance with the provisions of P.L.1970, c.72 (C.2A:81-17.2a et seq.).
h. [Each] Upon the reduction of the membership to three members pursuant to the provisions of paragraph (2) of subsection c. of this section, each remaining member of the commission, and each subsequent member appointed thereafter, shall serve for the duration of his term and until his successor shall be duly appointed and qualified, subject to the limitations in subsections c. and f. of this section [; provided, however, that in the event that a successor is not duly appointed and qualified within 120 days after the expiration of the member's term, a vacancy shall be deemed to exist].
(cf: P.L.2011, c.19, s.27)
4. Section 73 of P.L.1977, c.110 (C.5:12-73) is amended to read as follows:
73. Meetings and Quorum.
a. Meetings of the commission will be held at the discretion of the chairman at such times and places as he may deem necessary and convenient, or at the call of [three] a majority of the members of the commission.
b. The commission shall in all respects comply with the provisions of the "Senator Byron M. Baer Open Public Meetings Act," [(P.L. 1975, c. 231; C. 10:4-6 et seq.)] P.L.1975, c.231 (C.10:4-6 et seq.).
c. Any other law, rule or regulation to the contrary notwithstanding, the commission shall take all necessary steps to ensure that all interested persons are given adequate notice of commission meetings, and the agenda of such meetings, through the utilization of all media engaged in the dissemination of information.
d. [A] (1) So long as the commission consists of five members pursuant to subsection a. of section 50 of P.L.1977, c.110 (C.5:12-50), a majority of the full commission shall determine any action of the commission, except that no casino license or interim casino authorization may be issued without the approval of four members. [In the event that a vacancy has existed in the commission for more than 60 days,]
(2) Upon the reduction of the commission to four members, and then to three members, pursuant to paragraph (2) of subsection c. of section 52 of P.L.1977, c.110 (C.5:12-52), a majority of the full commission [may act with respect to] shall determine any [matter] action of the commission, including the issuance of a casino license or interim casino authorization.
(cf: P.L.1987, c.409, s.2)
5. This act shall take effect immediately.
STATEMENT
This bill reduces the membership of the Casino Control Commission from five to three. Under the bill, the membership shall be reduced as follows:
(1) If there is a vacancy on the commission on the effective date of the bill, the membership associated with that vacancy shall be eliminated.
(2) If there are more than three members remaining after the elimination of any membership due to an existing vacancy, then any necessary further reduction shall occur gradually by eliminating the membership, or two memberships, as the case may be, associated with the first term, or the first and second terms, that expire next following the effective date of the bill. Any such elimination of a membership shall occur upon the expiration of the current member's term in that position.
Upon the reduction of the commission's membership to three members, each remaining member of the commission, and each subsequent member appointed thereafter, shall serve for the duration of the member's term and until a successor is duly appointed and qualified. The intent of such provision in the bill is to ensure that the three-member commission always operates with the full complement of its membership.
Also, to account for the reduction in membership, so long as the commission consists of five members, or is reduced to four members pursuant to the provisions of the bill, no more than three members of the commission may be of the same political affiliation. Upon the reduction of the membership to three members, no more than two members of the commission may be of the same political affiliation.
Additionally, the bill updates the existing legal requirements for scheduling meetings and establishing a quorum for conducting business. First, the bill clarifies that a "majority of the members" may call for a hearing, instead of specifying the actual number needed to make such a call (the existing law expressly requires a call by "three" of the five members). Second, with respect to establishing a quorum, so long as the commission consists of five members, a majority of the full commission shall determine any action of the commission, except that no casino license or interim casino authorization may be issued without the approval of four members; these are the same quorum requirements as applied to the five-member commission under existing law. However, upon the reduction of the commission to four members and then to three members pursuant to the bill, a majority of the full commission shall determine any action of the commission, including issuance of a casino license or interim casino authorization.
