S2138

An Act concerning certain acts of bribery in official and political matters, and amending N.J.S.2C:27-2.

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

1. N.J.S.2C:27-2 is amended to read as follows:

2C:27-2. Bribery in Official and Political Matters. A person is guilty of bribery if he directly or indirectly offers, confers or agrees to confer upon another, or solicits, accepts or agrees to accept from another:

a. Any benefit as consideration for a decision, opinion, recommendation, vote or exercise of discretion of a public servant, party official or voter on any public issue or in any public election; or

b. Any benefit as consideration for a decision, vote, recommendation or exercise of official discretion in a judicial or administrative proceeding; or

c. Any benefit as consideration for a violation of an official duty of a public servant or party official; or

d. Any benefit as consideration for the performance of official duties.

For the purposes of this section [“benefit]:

“Benefit as consideration” shall be deemed to mean any benefit not authorized by law; and

“Public servant” shall, in addition to the definition set forth in subsection g. of N.J.S.2C:27-1, be deemed to mean any person who is a candidate for public office as defined under subsection c. of section 3 of P.L.1973, c.83 (C.19:44A-3), whose activities are subject to regulatory oversight by the Election Law Enforcement Commission, and any person elected but who has not yet assumed office.

It is no defense to prosecution under this section that a person whom the actor sought to offer, confer, or agreed to confer a benefit as consideration to influence, or a person who acted to solicit, accept, or agree to accept a benefit as consideration for influencing specifically on behalf of an individual benefit provider was not qualified to act in the desired way, whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.

In any prosecution under this section of an actor who offered, conferred or agreed to confer, or who solicited, accepted or agreed to accept a benefit, it is no defense that he did so as a result of conduct by another constituting theft by extortion or coercion or an attempt to commit either of those crimes.

The provisions of this section concerning a solicitation, acceptance, or agreement to accept a benefit as consideration for influencing shall not be deemed to apply to any public or general campaign speech, advertisement, or other campaign activity used to generate lawful campaign contributions in accordance with applicable State and federal law, including “The New Jersey Campaign Contributions and Expenditures Reporting Act,” P.L.1973, c.83 (C.19:44A-1 et seq.).

Any offense proscribed by this section is a crime of the second degree. If the benefit offered, conferred, agreed to be conferred, solicited, accepted or agreed to be accepted is of the value of $200.00 or less, any offense proscribed by this section is a crime of the third degree.

(cf: P.L.1979, c.178, s.48)

2. This act shall take effect immediately.

STATEMENT

This bill would authorize municipalities to adopt or amend their ordinances allowing for short-term tax exemptions and abatements in areas in need of rehabilitation to allow a subsequent purchaser of a dwelling located within an area in need of rehabilitation to submit an application for a short-term tax exemption or abatement for improvements that were made to the dwelling by the prior owner. The bill would also require the owner of a dwelling located in an area in which short-term tax exemptions and abatements are allowed, which owner has completed improvements to the dwelling, but has not submitted an application to the assessor for a tax exemption or abatement, to provide notice to that effect to the subsequent purchaser of the dwelling at the time of entering into a contract of sale for the dwelling.

Current law requires applications for exemptions or abatements to be submitted to the assessor within 30 days of completion of improvements. This bill will allow municipalities that adopt ordinances providing for short-term tax exemptions and abatements for improvements to dwellings to provide that, in the event a claimant has not filed an application with the assessor within 30 days following the completion of improvements to a dwelling, a purchaser of the dwelling may file an application with the assessor within the later of one year of the date of completion of the improvements, or within one year of the date of the purchase of the dwelling. This will provide the subsequent purchaser of a dwelling, in municipalities allowing it, a window of opportunity to submit an application for an exemption or abatement which, if granted, will provide the new owner a period of time to take appropriate action based upon this financial obligation.