ACR151

A Concurrent Resolution amending the 2008-2009 Legislative Code of Ethics, adopted March 17, 2008, and readopted for the Two Hundred Twentieth Legislature, concerning the disclosure of public employment held by members of the Legislature or a member’s spouse.

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. Section 2:14 of the Legislative Code of Ethics is amended to read as follows:

2:14. a. No later than May 15 of each year, each member of the Senate and General Assembly shall file with the Joint Legislative Committee on Ethical Standards or any successor thereto a financial disclosure statement, on a form to be prescribed by the Joint Legislative Committee on Ethical Standards or its successor, with respect to the member's, the member's spouse's and minor children's sources of income, received from sources other than the State Legislature, and liabilities, amounts thereof, and interests, during the preceding calendar year. No later than May 15 of each year, each member of the Senate and General Assembly shall file with the Joint Legislative Committee on Ethical Standards or any successor thereto a public employment disclosure statement, on a form to be prescribed by the Joint Legislative Committee on Ethical Standards or its successor, with respect to all public employment held by the member or the member’s spouse during the preceding calendar year. The filing of each form may be in electronic form, including signature. Each member of the Legislature shall have a continuing obligation to report any termination or assumption of public employment by the member or the member’s spouse within 30 days, which report shall be an addendum to the public employment disclosure statement.

The Joint Legislative Committee on Ethical Standards shall prescribe the information necessary to identification of sources. When an amount is required to be reported, it shall be sufficient to comply with the requirement to disclose whether the amount is less than $10,000, at least $10,000 but less than $25,000, at least $25,000 but less than $50,000, or $50,000 or more. The financial dislosure statement shall include an enumeration of:

(1) Each of the following categories of earned income: salaries, bonuses, royalties, fees, commissions and profit sharing paid to the member, the member's spouse or the member's minor child as an officer, employee, partner or consultant of a named corporation, professional association, partnership or sole proprietorship;

(2) Each of the following categories of unearned income: rents, dividends and other income received by the member, the member's spouse or minor child from named investments, trusts and estates;

(3) Fees and honorariums for personal appearances, speeches or writings received by the member or the member's spouse from named payers;

(4) Reimbursements or prepaid expenses for travel, subsistence or facilities provided in kind received by the member, the member's spouse or minor child from named payers or providers other than the State, indicating whether the payer or provider is a profit, nonprofit or governmental entity;

(5) Gifts from named donors connected to the legislative process received by the member, the member's spouse or minor child;

(6) The amounts of all personal liabilities of the member and the member's spouse, except liabilities which are (a) less than $15,000 and owed to a relative; (b) less than $3,000 and owed to any other person; (c) loans secured by a personal motor vehicle, or household furniture or appliances; and (d) revolving charge accounts. As used in this subsection, "relative" means a son, daughter, grandson, granddaughter, father, mother, grandfather, grandmother, great-grandfather, great-grandmother, brother, sister, nephew, niece, uncle or aunt. Relatives by adoption, half-blood, marriage or remarriage shall be treated as relatives of the whole kinship;

(7) The amounts of all personal liabilities otherwise subject to disclosure, pursuant to paragraph (6) of this section, of the member and the member's spouse, that have been forgiven by the creditor within 12 months prior to the statement date. For each forgiven liability, the name of the creditor to whom such a liability was owed shall be stated;

(8) The name and address of all business organizations in which the member or the member's spouse held an "interest" as defined in section 2 of P.L.1971, c.182 (C.52:13D-13);

(9) Any offices, trusteeships, directorships, or positions of any nature, whether compensated or uncompensated, held by the member or the member's spouse, with any firm, corporation, association, partnership or business; and

(10) The address and brief description of all real property in which the member, the member's spouse or a minor child held an interest.

b. The failure of a member of the Legislature to file a statement as required by this section shall be reported to the President of the Senate or Speaker of the General Assembly.

c. The Joint Legislative Committee on Ethical Standards or its successor after review of statements filed pursuant to this section may by advisory opinion determine that in its opinion a particular category of income, reimbursements, gifts, real estate holdings or business interests gives rise to an appearance of conflict with the member's service as a member of the Legislature.

d. Advisory opinions issued pursuant to subsection c. shall be public records and shall remain on file for 10 years from the date of issuance.

2. The Office of Legislative Services shall provide technical assistance in carrying out the amendatory provision of this resolution.

3. This resolution shall take effect immediately and apply to filings of public employment disclosure statements in 2022 and thereafter.

STATEMENT

This concurrent resolution amends section 2:14 of the Legislative Code of Ethics, as set forth in Assembly Concurrent Resolution No. 159 of 2008, and readopted as the Legislative Code of Ethics for the Two Hundred and Twentieth Legislature. The amendments require the filing of legislative public employment disclosure statements by members of the Legislature beginning in 2022. The statements would include all public employment held by a member of the Legislature or the member’s spouse during the preceding calendar year. The amendments also provide that members would report any termination or assumption of public employment by the member or the member’s spouse within 30 days, as an addendum to the public employment disclosure statement.

The concurrent resolution further provides that the Office of Legislative Services is to provide the technical assistance necessary to carry out these changes.