CAPITOL NEWS AND COMMENT

The following items are taken from reports issued by legislators and other items of political concern.
Special elections
   Sen. Shirley K. Turner, D-Mercer, Hunterdon, said she has requested a vote on her legislation, S2857, to eliminate the option of a special election to fill vacancies in the United States Senate.
   Her bill was released from the Senate State Government Committee on June 17.
   ”The exorbitant $24+ million cost to taxpayers and historic low voter turnout — 24 percent on Oct. 16 and 9 percent on Aug. 13 — are proof positive that special elections are a boondoggle that must be eliminated,” Sen. Turner said. “We need to continue on the path of consolidating elections to save taxpayers the costs of unnecessary elections, increase voter participation and reduce voter fatigue.”
   Sen. Turner introduced her bill in June after Gov. Christie announced a temporary appointment and two special elections that would cost taxpayers more than $24 million to fill the seat left vacant after the death of Sen. Frank Lautenberg.
   ”New Jersey’s residents are already overtaxed, and they do not want their hard-earned money wasted on unnecessary elections,” Sen. Turner said. “New Jersey residents want to see the value in every dollar spent, and there is no value to them in spending more than $24 million for two special elections in which too few voters participated. The Legislature needs to correct this problem immediately and permanently so no future governors can use taxpayer money on a campaign strategy to promote their national ambitions.”
   The law provides conflicting options, allowing the seat to be filled with an interim appointee and an election to be held at the next succeeding general election, allowing a temporary appointee to complete the term that ends in January 2015 or hold a special election.
   Gov. Christie chose the most expensive option, filling the seat temporarily and holding two special elections to avoid being on the same ballot as a popular Democrat.
   Sen. Turner’s bill eliminates any confusion about how and when a U.S. Senate vacancy is filled. Under Sen. Turner’s bill, the governor no longer would have the option of calling for special elections; the remainder of the term would be filled only by election at the regularly scheduled June and November elections.
   The bill requires a temporary appointment from the same political party as the person vacating the office to be made within 30 days of the occurrence of a vacancy.
   The New Jersey Senate is scheduled to meet Nov. 25.
Sandy repairs
   Assembly Environment and Solid Waste Committee Chairwoman L. Grace Spencer, D-Essex, released a statement Oct. 21 after the final of four joint Assembly-Senate hearings on Sandy recovery efforts in the state.
   The committees received testimony from residents affected by Hurricane Sandy, advocates and environmental and engineering experts.
   ”After sending numerous invitations for an appearance, it’s unacceptable for (Department of Community Affairs) Commissioner (Richard) Constable and Mr. (Marc) Ferzan to decide that attending these hearings and listening to the public’s testimony in person is, apparently, not worth their time.
   ”I thank each of the residents, advocates and experts who attended the joint hearings. There are clearly promises to be fulfilled, problems to fix and more work to be done for the families and communities hit hard by Hurricane Sandy.
   ”From our hearings held in Atlantic City, Jersey City, Trenton and today in Toms River, the message from the testimony we have received is clear: Sandy rebuilding is slow, almost at a standstill for many across the state.
   ”Residents are entangled in a vicious web of red tape from uncooperative insurance companies, federal agencies and the administration’s appointed agency in charge of Sandy rebuilding. Many people are still far from being able to move back into their homes nearly 365 days later.
   ”Our work begins with holding the agencies and companies whose purpose is to help families rebuild their homes and their lives accountable for the time lost in the last year.”
Slots at tracks
   Assemblyman Ron Dancer has introduced two measures that would bring slot machine gaming to New Jersey’s horse racetracks with the proceeds being used to benefit both the horse racing and casino industries as well as the state’s share dedicated as aid to education for lower property taxes.
   The first measure, ACR209, proposes a constitutional amendment that, if approved by voters, would give the Legislature the authority to establish slot machine gambling at horse racetracks.
   The second bill, A4427, would regulate such gambling at racetracks by directing the state Division of Gaming Enforcement to establish and oversee the slot gambling.
   ”This is a winning solution, a trifecta, if you will, for the casino industry, the horse racing industry and taxpayers who would all mutually benefit from allowing slot machine gambling at horse tracks throughout the state,” said Assemblyman Dancer, R-Ocean, Burlington, Middlesex and Monmouth. “It would provide an opportunity for casino operators to expand beyond the boundaries of Atlantic City and reach patrons who may not otherwise consider travelling to A.C. to engage in gambling activities and slow the exodus of Jersey residents traveling to neighboring states’ racetracks that offer slots.
   ”For the racetrack industry, slots would increase attendance by drawing patrons who ordinarily would not travel to race tracks where horse racing is the sole activity on which to wager. Taxpayers would also come up big winners as the increased tax revenue generated directly and indirectly by new racetrack slot machine operations would result in more state aid to their towns for education, which is the largest driver of property taxes.”
   Under Assemblyman Dancer’s bill, A4427, one of the responsibilities of the Division of Gaming Enforcement would be to determine and oversee the manner and method of the collection of revenues generated from the operation of the slot machines for distribution to horse industry associations, horse racing permit holders and casino licensees and, most importantly, to be equitably distributed in accordance with a developed formula that is consistent with preserving or enhancing the mutually beneficial relationship between the casino and horse racing industries in connection with the slot machine operations.
   ”This legislation is good public policy that provides an opportunity for both the casino and horse racing industries to work together to ensure that success of one is not at the expense of the other and, at the same time, generate new revenue for the state to be dedicated as aid to education for lower property taxes,” Assemblyman Dancer said. “These measures are a win-win for jobs and lower property taxes.”
   Under current law, slot machine gambling is only permitted in Atlantic City.
Leadership
   Assemblyman Vincent Prieto, D-Hudson, and Assembly Majority Leader Louis Greenwald, D-Camden, Burlington, have announced that 41 members of the Democratic caucus support a new leadership team for the 2014-15 Legislature.
   They said, “The past four years have brought many challenges, many successes and many accomplishments to the General Assembly. In presiding over the General Assembly during this period, Speaker (Sheila) Oliver has met each and every challenge with the grace, compassion and determination that is becoming of a great leader.
   The next legislative session will bring an entirely new set of challenges and issues confronting our state.
   In the interest of bringing to the table new ideas, new energy and new advocacy for the principles of the Democratic Party, we hereby express our support for a new leadership team in the General Assembly of Assemblyman Vincent Prieto as speaker and Assemblyman Lou Greenwald as majority leader for the next legislative session in January.”
   Signed by Vincent Prieto, District 32; Louis Greenwald, District 6; Nelson Albano, District 1; Robert Andrzejczak, District 1; John Burzichelli, District 3; Celeste Riley, District 3; Paul Moriarty, District 4; Gabriela Mosquera, District 4; Angel Fuentes, District 5; Gilbert “Whip” Wilson, District 5; Pamela Lampitt, District 6; Herb Conaway, District 7; Troy Singleton, District 7; Wayne DeAngelo, District 14; Daniel Benson, District 14; and Joseph Egan, District 17.
   Also,; Upendra Chivukula, District 17; Patrick Diegnan, District 18; Nancy Pinkin, District 18; John Wisniewski, District 19; Craig Coughlin, District 19; Joseph Cryan, District 20; Annette Quijano, District 20; Jerry Green, District 22; Linda Stender, District 22; John McKeon, District 27; Mila Jasey, District 27; Ralph Caputo, District 28; and Jason O’Donnell, District 31.
   Also, Charles Mainor, District 31; Angelica Jimenez, District 32; Raj Mukherji, District 33; Carmelo Garcia, District 33; Benjie Wimberly, District 35; Shavonda Sumter, District 35; Gary Schaer, District 36; Marlene Caride, District 36; Gordon Johnson, District 37; Valerie Vainieri Huttle, District 37; Timothy Eustace, District 38; and Joseph Lagana, District 38
Marriage equality
   Senate Majority Leader Loretta Weinberg, a longtime advocate for marriage equality in New Jersey, has issued the following statement on the need for thoughtful deliberation to determine what follow-through is needed for the historically-significant developments that brought marriage equality to New Jersey.
   She said, “As we witness the first of the countless gay couples to exercise their newly-realized right to marry, we can all be proud that marriage is now equal in New Jersey.
   ”Like many historical achievements, this was a long time coming, but it was actually realized very quickly. In a few triumphant days, the Supreme Court essentially affirmed the Superior Court’s strong decision supporting same-sex marriage, and the governor backed down from his legal opposition.
   ”Right now, New Jersey has the strongest civil rights protections for marriage equality of any state in the nation. This is cause for celebration, but there could be good reasons for the Legislature to take actions to better protect and define these long-sought rights.
   ”Among the outstanding questions are the transition of civil unions to marriage and the potential need to enshrine the legal foundation of gay marriage. While the subject of much discussion, we should remember that the religious exemption for clergy is already protected by the constitution so there is no urgent need to discuss this.
   ”We will take the days and weeks ahead to evaluate all aspects and potential ramifications of the marriage equality law to determine what follow-through is needed.
   ”We’re making history. We want to be certain we make it right.”
Energy alternatives
   Assemblywoman BettyLou DeCroce and Sen. Kevin O’Toole have applauded Gov. Christie’s administration for allocating $25 million to pursue creative and cost-effective alternatives to enhance statewide energy resilience — including the purchase of generators.
   The funds are being allocated from the federal Hazard Mitigation Grant Program.
   ”I applaud the governor for taking a strong leadership position on the vitally important issue of backup power when some leaders in the Legislature are not,” said Assemblywoman DeCroce.
   Assemblywoman DeCroce, R-Essex, Morris, Passaic, is the sponsor of the New Jersey Residents Power Protection Act (A3495), which seeks to address the power outage problems following Superstorm Sandy that hit New Jersey late last October.
   Sen. O’Toole, R-Bergen, Essex, Morris, Passaic, is the sponsor of companion legislation in the Senate (S2420).
   He noted the Christie administration energy resilience plan includes a $7 million grant program that will allow targeted retail fuel stations — on and near evacuation routes — faster and more reliable access to backup power during an energy emergency.
   The state will make funding available to more than 250 fuel stations located along key thoroughfares identified by state homeland security and emergency management personnel. Eligible station owners will use the funds to purchase generators or permanent connection points for mobile generators, also known as “quick connects.”
   ”The governor should be congratulated for recognizing that New Jersey still has serious gaps in its energy security network and that he is allocating federal funds as an innovative solution while the Legislature continues to deliberate on this important issue,” Sen. O’Toole said.
   Assemblywoman DeCroce’s legislation would require all gas stations, nursing homes and other critical facilities to have generator backup power during declared emergencies. To help implement the generator program, she has included in her legislation a tax incentive to make the upgrades affordable to businesses.
   While her legislation has been stalled by state legislative leaders, she says she is encouraged by Gov. Christie’s leadership on backup power issue and hopes it will spur the Legislature to act. The governor’s emergency energy program is targeted at critical facilities, including police and fire stations, shelters, emergency operations centers and wastewater treatment plants in 146 municipalities, counties and other government units.
   ”While the governor’s program serves the needs of 146 municipalities, counties and other government entities, we need a mandatory statewide backup program that serves the residents in all 565 municipalities,” Assemblywoman DeCroce said.
   ”It’s nearly a year since Sandy slammed New Jersey, and the state Legislature has not done enough in my opinion to avoid a repeat of the horrific conditions residents had to endure in the aftermath of that storm,” she said.
   Assemblywoman DeCroce said the images of long lines of people trying to get gasoline for cars and generators at the few gas stations that were open, the disruption to commerce and the threats to the lives of the elderly brought by the loss of power still are etched firmly in her mind.
   ”The conditions for many people, especially our most vulnerable citizens, were barbaric and must never be repeated,” she added. “I hope the Assembly speaker and Senate president will take a cue from Gov. Christie on the matter of energy security and will post the kind of legislation needed to protect all the residents of this state.”
Quotas
       Assemblyman Declan O’Scanlon has addressed his concerns over police departments around the state utilizing what amounts to quota’s as a factor in measuring performance.
   The issue first was broached by the National Motorists Association, Assemblyman O’Scanlon then was contacted by a South Jersey police officer who cited concerns about his own department’s reliance on quotas and the negative impact they have on actual law enforcement.
   After some investigation, Assemblyman O’Scanlon has found there are actual systems in place to help municipalities avoid the intent of anti-quota statutes.
   ”You may think that police departments don’t use quotas, but after my conversation with some police officers, the sad fact is, they still do,” Assemblyman O’Scanlon said. “Under current law, while an officer’s performance may not be measured solely on ticket writing, departments are permitted to consider ticketing numbers when evaluating their officers. This is a loophole in the statute that is being exploited by some municipalities — with the end result being revenue generation over safety.”
   Assemblyman O’Scanlon is drafting legislation to forbid the use of ticketing numbers in performance evaluations.
   ”The mere knowledge that these pseudo-quotas exist puts pressure on our cops that forces them to focus more on revenue generation than safety and security,” Assemblyman O’Scanlon said. “That’s just wrong. Quotas were supposed to have been outlawed — with good reason — by the existing statute. But, in reality, it looks like many departments are secretly substantially relying on citation numbers. This isn’t about officer performance; it’s about money.”
   One officer who has come forward told Assemblyman O’Scanlon, “These evaluation systems pit one officer against another in what essentially amounts to a contest — who can punish more people faster. That’s a recipe for a lot of revenue generation — not education and safety. It also pulls officers from other duties like policing neighborhoods to both discourage burglaries and spot suspicious activity. It even skews traffic enforcement away from areas residents would prefer to see it and onto main roads where the most volume and, therefore, revenue can be generated. For instance, an officer might be much more likely to patrol a high-volume roadway rather than a low-volume — but potentially much more dangerous — school zone. If citizens knew this was going on they would be outraged. And rightly so.”
   Rob Nixon, director of governmental affairs for the state PBA who helped draft the existing statute, confirmed Assemblyman O’Scanlon’s findings.
   ”The public needs to be made aware of this serious problem, and that needs to be fixed,” Mr. Nixon said, “Some local officials don’t seem to understand that mission — in fact, the sworn oath — of police officers is to protect and serve the public to the best of their abilities. It isn’t to help balance local budgets.”
    Assemblyman O’Scanlon added, “The ‘protect and serve’ mission of our police is giving way to ‘apprehend and punish.’ That is a sad development. It damages the image of police officers in the eyes of the public — and sacrifices safety for revenue. Our police officers are overwhelmingly professional people who deserve to be perceived by the public as being on their side, not out to get them. These ‘evaluation’ systems can’t help but tip the scales of the police / public relationship in the wrong direction.” He cited a timely set of newspaper stories regarding Helmetta’s mayor apparent blatant ordering local police to target out-of-town motorists passing through. “This is just the tip of a much bigger iceberg regarding municipal officials blatantly turning their police officers into revenue agents,” he said. “In addition to the fact that selective enforcement is unconstitutional, it — along with ticket quotas — also damages the image of police officers and pulls them away from what should be a focus on safety and security”