S3577

An Act concerning the executive director of the State Agriculture Development Committee and supplementing P.L.1983, c.31 (C.4:1C-1 et seq.).

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

1. a. The Governor shall appoint from among three candidates recommended by the State Board of Agriculture, with the advice and consent of the Senate, an executive director of the committee, who shall serve as the committee's chief administrative officer. The executive director shall maintain oversight of administrative operations conducted by the committee, develop an annual budget and a salary and compensation guide for any managerial or other staff positions that are not subject to Title 11A of the New Jersey Statutes, arrange committee agendas with the approval of the committee's chair, appoint administrative staff, execute contracts on behalf of the committee; and perform any other responsibilities designated to the executive director by the committee.

b. The executive director shall serve as a member of the senior executive or unclassified service and may be appointed without regard to the provisions of Title 11A of the New Jersey Statutes. The executive director shall serve at the pleasure of the Governor for a term of five years, and shall be eligible for reappointment. The Governor shall nominate an executive director no later than 12 months after the effective date of this act. Any vacancy in the office occurring for any reason other than the expiration of a term shall be filled for the unexpired term only in the same manner as the appointment of any subsequent executive director as set forth herein. The executive director shall receive an annual salary to be fixed and established by the Governor.

c. The executive director shall not represent any person or party other than the State before or against the committee, or register as a "governmental affairs agent" as defined in section 3 of P.L.1971, c.183 (C.52:13C-20), for a period of two years from the termination of the executive director's employment.

2. This act shall take effect immediately.

STATEMENT

This bill would require the Governor to appoint from among three candidates recommended by the State Board of Agriculture, with the advice and consent of the Senate, the executive director of the State Agriculture Development Committee (SADC). Currently, the executive director is appointed by the SADC.

The executive director would serve at the pleasure of the Governor for a term of five years, and would be eligible for reappointment. The bill would require the Governor to nominate an executive director of the SADC no later than 12 months after the effective date of the bill. The bill would also prohibit the executive director from representing any person or party other than the State before or against the SADC, or registering as a "governmental affairs agent" as defined in section 3 of P.L.1971, c.183 (C.52:13C-20), for a period of two years from the termination of the executive director's employment.

Section 3 of P.L.1971, c.183 (C.52:13C-20) defines "governmental affairs agent" as any person who receives or agrees to receive, directly or indirectly, compensation, in money or anything of value including reimbursement of his expenses where such reimbursement exceeds $100.00 in any three-month period, to influence legislation, to influence regulation or to influence governmental processes, or all of the above, by direct or indirect communication with, or by making or authorizing, or causing to be made or authorized, any expenditures providing a benefit to, a member of the Legislature, legislative staff, the Governor, the Lieutenant Governor, the Governor's staff, or any officer or staff member of the Executive Branch, or who holds himself out as engaging in the business of influencing legislation, regulation or governmental processes, by such means, or who, incident to his regular employment engages in influencing legislation, regulation or governmental processes, by such means.