S2922

An Act consolidating ethics training for members of the Legislature and amending P.L.2005, c.382 and P.L.2003, c.255.

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

1. Section 2 of P.L.2005, c.382 (C.52:13D-21.1) is amended to read as follows:

2. A State officer or employee or a special State officer or employee in a State agency in the Executive Branch shall complete a training program on ethical standards provided by the State Ethics Commission at such times and intervals as the commission shall require pursuant to subsection (e) of section 10 of P.L.1971, c.182 (C.52:13D-21). At a minimum, an officer or employee shall complete annually, and acknowledge his or her completion of, a briefing on the ethics standards applicable to such employee or officer pursuant to the laws, regulations, codes, orders, procedures, advisory opinions or rulings of this State. The format and content of the program and briefing shall be determined by the training officer of the State Ethics Commission and approved by the commission as provided in subsection (e) of section 10 of P.L.1971, c.182 (C.52:13D-21).

A member of the Legislature who, because of service on a public entity, is required to complete a training program on ethical standards provided by the State Ethics Commission shall not be required to complete more than one such program each calendar year regardless of the number of public entities on which the member serves.

(cf: P.L.2005, c.382, s.2)

2. Section 4 of P.L.2003, c.255 (C.52:13D-28) is amended to read as follows:

4. The Legislature shall provide an online tutorial on legislative ethics for its members and State officers or employees and special State officers or employees in the Legislative Branch of government. Each member of the Legislature and officer or employee in the Legislative Branch shall take the tutorial no later than April 1 of every even-numbered year. Each Executive Director shall submit a certification to the Ethics Counsel for himself or herself and for his or her respective staff members that they have completed the online tutorial. Each member of the Legislature shall submit to the Ethics Counsel a certification that he or she and his or her district office staff members have completed the online tutorial. The certification shall be public information. Failure to take the tutorial and file the certification shall be reported by the Ethics Counsel to the joint committee.

In addition to the tutorial, all officers and employees in the Legislative Branch shall participate in annual ethics training as directed by their Executive Directors [and all members of the Legislature shall participate in annual ethics training as directed by the President of the Senate for members of the Senate and by the Speaker of the General Assembly for members of the General Assembly]. The Executive Directors [, the President of the Senate, and the Speaker of the General Assembly] shall also direct the process by which completion of the training is verified. Such verification shall be filed with the Ethics Counsel. The verification shall be public information. Failure to participate in the training and file the verification shall be reported by the Ethics Counsel to the joint committee.

Each member of the Legislature shall consult with the Ethics Counsel each year regarding the requirements of the New Jersey Conflicts of Interest Law and the Legislative Code of Ethics and any other applicable law, rule or standard of conduct relating to the area of ethics. The assistance of the Ethics Counsel to members of the Legislature is subject to the attorney-client privilege. This assistance is intended as a service to the members of the Legislature and may not be deemed to diminish a member's personal responsibility for adherence to applicable laws, code provisions, rules and other standards of conduct. No privileged information provided to the Ethics Counsel by members of the Legislature or officers or employees in the Legislative Branch shall be used or admitted into evidence in any proceeding against them; but this shall not prohibit proceedings against them from evidence independently derived.

(cf: P.L.2008, c.16, s.2)

3. This act shall take effect immediately.

STATEMENT

This bill provides that a member of the Legislature who, because of service on a public entity, is required to complete a training program on ethical standards provided by the State Ethics Commission will not be required to complete more than one such program each calendar year regardless of the number of public entities on which the member serves.

This bill also eliminates the requirement that a member of the Legislature participate in annual legislative ethics training. Ethics training for members would continue under existing provisions of law that require a member to consult annually with the legislative Ethics Counsel and to complete an online tutorial on legislative ethics biennially.