ASSEMBLY, No. 759
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman PETER J. BARNES, III
District 18 (Middlesex)
Assemblyman GARY R. CHIUSANO
District 24 (Morris, Sussex and Warren)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblywoman CELESTE M. RILEY
District 3 (Cumberland, Gloucester and Salem)
Co-Sponsored by:
Assemblywomen McHose, Mosquera, Handlin, Assemblymen Rumana, Johnson and Space
SYNOPSIS
Requires independent State authority member to disclose contractual relationship between authority and authority member’s relatives.
CURRENT VERSION OF TEXT
As amended by the General Assembly on December 3, 2012.
An Act concerning disclosure by independent State authority members of certain information and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
“Independent State authority” means a public authority, board, commission, corporation, or other agency or instrumentality of the State allocated, in but not of, a principal department of State government pursuant to Article V, Section IV, paragraph 1 of the New Jersey Constitution, or which is not subject to supervision or control by the department in which it is allocated, and a regional authority, but shall not include a college or university.
“Member” means the member of an independent State authority or board thereof.
“Regional authority” means and includes the Passaic Valley sewerage commissioners or any successor entity and the North Jersey district water supply commission or any successor entity.
“Relative” means the spouse, domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), parent, grandparent, child, foster-child, grandchild, brother, sister, stepparent, cousin, stepchild, stepbrother, stepsister, half-brother, or half-sister, aunt, or uncle of any current authority member whether related by blood, marriage, or adoption.
2. a. A person serving as a member of an independent State authority shall report to the 1[Attorney General, the following information:
(1) the employment by the authority of a relative of the member; or (2)] State Ethics Commission1 the existence of a contractual relationship between a relative of the member and the authority.
b. (1) A member shall report to the 1[Attorney General] State Ethics Commission1, pursuant to subsection a. of this section, within 30 days of: (a) the appointment of the member if, upon such appointment, a relative of the member 1[is employed by, or]1 has a contractual relationship with the authority, 1or1 (b) 1[the commencement of employment of the member’s relative with the authority, or (c)]1 the creation of a contractual relationship between the authority and the member’s relative, as appropriate.
(2) If, upon or prior to the
date of the enactment of P.L. , c.
(C. ) (pending before the Legislature as this bill), 1[a member’s relative is
employed by the authority upon which the member serves, or]1 a
contractual relationship exists between the authority and the member’s
relative, as of the date of enactment of P.L. , c. (C. ), the member
shall report such 1[employment or]1 contractual
relationship within 30 days of the enactment of P.L. , c. (C. ).
c. A member who violates the provisions of P.L. , c. (C. ) shall be subject to removal from office and shall be liable to a penalty of up to $5,000, unless the member knew or reasonably should have known the member was in violation of P.L. , c. (C. ), in which case the penalty shall be no less than $5,000 and no more than $10,000 for each violation. Any 1[fine] penalty1 imposed pursuant to P.L. , c. (C. ) shall be collected or enforced, with costs, in a summary proceeding 1[instituted by the Attorney General according to the procedure provided by] pursuant to1 the “Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). 1[The Superior Court and municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999," in connection with P.L. , c. (C. ).]1
3. This act shall take effect immediately.