A1926

An Act concerning political contributions and county bridge commission contracts and amending R.S.27:19-35.

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

1. R.S.27:19-35 is amended to read as follows:

27:19-35. a. Every contract or agreement for the construction, reconstruction, repair, enlargement, extension, renewal, replacement or equipment of bridges or projects , shall be made and awarded pursuant to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.) and subject to the restrictions of "The New Jersey Campaign Contributions and Expenditures Reporting Act," P.L.1973, c. 83 (C.19:44A-1 et seq.).

b. Notwithstanding the provisions of any other law, or any rule or regulation to the contrary:

(1) A county bridge commission shall not enter into a contract having an anticipated value in excess of $17,500 with a business entity if during the preceding 18-month period that business entity has made a contribution to any county committee of a political party in a county in which the bridge commission has undertaken a project if a member of that political party is serving in an elective public office in that county when the contract is awarded or to any candidate committee of any person serving in an elective public office in that county when the contract is awarded.

(2) A business entity that has entered into a contract having an anticipated value in excess of $17,500 with a county bridge commission shall not make a contribution during the term of that contract to any county committee of a political party in a county in which the bridge commission has undertaken a project if a member of that political party was serving in an elective public office in that county when the contract was awarded or to any candidate committee of any person serving in an elective public office in that county when the contract was awarded.

(3) During the term of a contract having an anticipated value in excess of $17,500 entered into between a county bridge commission and a business entity, neither a county committee of a political party that has a member serving in an elective public office in a county in which the bridge commission has undertaken a project nor a candidate committee of a person serving in an elective public office in that county shall accept a contribution from that business entity.

c. A county bridge commission shall comply with the provisions of P.L.1973, c.83 (C.19:44A-1 et seq.) that are applicable to counties to the extent they are not inconsistent with the provisions of this section.

d. For the purposes of this section:

"business entity" means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this State or of any other state or foreign jurisdiction;

“contribution” means a contribution that is reportable by the recipient under P.L.1973, c.83 (C.19:44A-1 et seq.).

(cf: P.L.2001, c.301, s.7)

2. This act shall take effect immediately.

STATEMENT

This bill would clarify that county bridge commissions must comply with pay-to-play provisions applicable to counties and also impose greater pay-to-play safeguards on county bridge commissions and their contractors.

Under the bill, a county bridge commission would be prohibited from entering into a contract exceeding $17,500 if the contractor has made a reportable campaign contribution during the preceding 18-month period to a candidate committee or political party committee in that county, if the candidate or a member of that political party is serving in an elective public office in that county when the contract is awarded.

The bill would also prohibit a business entity that has entered into a contract exceeding $17,500 with a bridge commission from making reportable campaign contributions during the term of that contract to a candidate committee or political party committee in that county, if the candidate or a member of that political party is serving in an elective public office in that county when the contract was awarded.

Finally, the bill would prohibit applicable political committees from accepting campaign contributions from county bridge commission contractors during the term of the contract.

Currently, pay-to-play provisions applicable to counties and their agencies and instrumentalities prohibit them from entering into contracts with business entities that have made campaign contributions during the preceding one-year period and contain an exception for contracts awarded pursuant to a fair and open process.