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The plans spearheaded by the Governor to regulate the casino industry of Atlantic City was further endorsed by the Legislature last week. Currently, think tanks are undertaking the task of laying out the framework for the penalties of any violations to the regulatory system. The legislature has laid out the overall reorganization of regulations to be imposed on the Atlantic City casino industry on a bill that will alter or totally change at least 250 portions of the current Casino Control Act. The piece of legislation will be discussed by the full state Senate within this week.

In the new system being proposed, the authority to enforce and make regulations over casinos will be transferred to the Division of Gaming Enforcement from the Casino Control Commission. This early news has officials of the Casino Control Commission, as well as industry insiders wonder how the changes, which include the loosening of licensing requirements and the presence of inspectors in the gambling premises, would affect the more important processes currently in place. The heads of casinos have been more than welcoming of the reforms to be introduced by the senate committee, as their industry association has already forwarded the same suggestions as early as 2004.

On the other hand, regulators in the commission pointed out that the plan also takes away the due process that is currently guaranteed for casino companies during hearings. Other provisions currently up for debate include the lessening of background checks for casino workers and the permitting of plea bargain deals between enforcement agencies and violators to be kept confidential, as in common criminal cases. An analyst of the casino industry claims that the system of checks and balances currently in place would be weakened once these new regulations will be enforced.

Jim Wortman, a former executive of a casino in Atlantic City, currently the director of gaming and research at the University of Houston, claimed that the plans may make the structure of regulations in Atlantic City too similar to the one in Las Vegas, which is too complementary to casinos. He explained, “It seems we are running toward the regulatory environment in Las Vegas, which is laissez-faire.” The current system in Atlantic City dictates that is a casino violates a regulation, it would be subject to something similar to the judicial process. Division of Gaming Enforcement investigators would examine the case and decide whether or not to charge the casino. The DGE, if it decides to press charges, would then present their evidence before the CCC. The CCC will rule on the case, as well as decide the form of punishment if merited.

According to commission chair Linda Kassekert in an interview last week, “That system would be scrapped. Having the commission act partly as a judicial entity has meant transparency and fairness. In short, getting rid of that means a potential loss of due process.” With the new senate proposal, the DGE would be given the task of not only investigating and prosecuting the case but also ultimately deciding on the outcome. State Sen. Jim Whelan (D-Atlantic), a bill supporter and co-sponsor, did point out that the changes the bill will be proposing will have a huge impact. He explained, “The process will not mirror the judicial system exactly. If the commission wants to make that charge, they’re right.”

In this case, the CCC will only be utilized as an appeals agency where casinos that are unhappy with the DGE ruling can go to. The proposed changes will not be imposing high fines for violators of the Casino Control Act as currently observed. For example, a $100,000 fine may be slapped to a casino that knowingly allows a customer that is underage to gamble. That would not be the case for the new plan. Whelan said that these casino violations cannot be compared to other kinds of charges. He said, “These aren’t crimes.” However, there are still some provisions in the current act that are the same as with the proposed rule. For example, a bar that serves alcohol to underage patrons will still be prosecuted.