S2922

An Act concerning the form public officers and employees use to file financial disclosure statements with public bodies, amending P.L.1991, c.393 and P.L.1991, c.29, and supplementing P.L.1971, c.182 (C.52:13D-12 et seq.).

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

1. (New section) The State Ethics Commission, in consultation with the School Ethics Commission established pursuant to section 7 of P.L.1991, c.393 (C.18A:12-27) and the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs established pursuant to section 1 of P.L.1974, c.35 (C.52:27D-18.1), shall develop and make available on its official website a universal financial disclosure form within 90 days of the effective date of this act, P.L. , c. (pending before the Legislature as this bill). The universal form shall be designed to enable any person who is required by law, regulation, or executive order to file a financial disclosure statement with more than one government entity to do so by completing and submitting that single form, including any additional addenda that may be required for the particular office or position. For this purpose, the universal form shall meet all content requirements for disclosure as stipulated by any applicable law, regulation, or executive order. A link to the universal form shall also be provided by the School Ethics Commission and the Local Finance Board on their respective official websites.

2. Section 6 of P.L.1991, c.393 (C.18A:12-26) is amended to read as follows:

6. a. Each school official shall annually file a financial disclosure statement with the School Ethics Commission. All financial disclosure statements filed pursuant to this act shall include the following information which shall specify, where applicable, the name and address of each source and the school official's position:

(1) Each source of income, earned or unearned, exceeding $2,000 received by the school official or a member of his immediate family during the preceding calendar year. Individual client fees, customer receipts or commissions on transactions received through a business organization need not be separately reported as sources of income. If a publicly traded security or interest derived from a financial institution is the source of income, the security or interest derived from a financial institution need not be reported unless the school official or member of his immediate family has an interest in the business organization or financial institution;

(2) Each source of fees and honorariums having an aggregate amount exceeding $250 from any single source for personal appearances, speeches or writings received by the school official or a member of his immediate family during the preceding calendar year;

(3) Each source of gifts, reimbursements or prepaid expenses having an aggregate value exceeding $250 from any single source, excluding relatives, received by the school official or a member of his immediate family during the preceding calendar year; and

(4) The name and address of all business organizations in which the school official or a member of his immediate family had an interest during the preceding calendar year.

b. (1) The commission shall prescribe a financial disclosure statement form for filing purposes. Initial financial disclosure statements shall be filed within 90 days following the effective date of this act. Thereafter, statements shall be filed on or before April 30th each year.

(2) Upon the implementation of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the commission shall include a link to the universal financial disclosure form on its official website.

c. All financial disclosure statements filed shall be public records.

(cf: P.L.1991, c.393, s.6)

3. Section 6 of P.L.1991, c.29 (C.40A:9-22.6) is amended to read as follows:

6. a. Local government officers shall annually file a financial disclosure statement. All financial disclosure statements filed pursuant to P.L.1991, c.29 shall include the following information which shall specify, where applicable, the name and address of each source and the local government officer's job title:

(1) Each source of income, earned or unearned, exceeding $2,000 received by the local government officer or a member of his immediate family during the preceding calendar year. Individual client fees, customer receipts or commissions on transactions received through a business organization need not be separately reported as sources of income. If a publicly traded security is the source of income, the security need not be reported unless the local government officer or member of his immediate family has an interest in the business organization;

(2) Each source of fees and honorariums having an aggregate amount exceeding $250 from any single source for personal appearances, speeches or writings received by the local government officer or a member of his immediate family during the preceding calendar year;

(3) Each source of gifts, reimbursements or prepaid expenses having an aggregate value exceeding $400 from any single source, excluding relatives, received by the local government officer or a member of his immediate family during the preceding calendar year;

(4) The name and address of all business organizations in which the local government officer or a member of his immediate family had an interest during the preceding calendar year; and

(5) The address and brief description of all real property in the State in which the local government officer or a member of his immediate family held an interest during the preceding calendar year.

b. The Local Finance Board shall prescribe a financial disclosure statement form for filing purposes. For counties and municipalities which have not established ethics boards, the board shall transmit sufficient copies of the forms to the municipal clerk in each municipality and the county clerk in each county for filing in accordance with this act. The municipal clerk shall make the forms available to the local government officers serving the municipality. The county clerk shall make the forms available to the local government officers serving the county.

For counties and municipalities which have established ethics boards, the Local Finance Board shall transmit sufficient copies of the forms to the ethics boards for filing in accordance with this act. The ethics boards shall make the forms available to the local government officers within their jurisdiction.

For local government officers serving the municipality, the original statement shall be filed with the municipal clerk in the municipality in which the local government officer serves. For local government officers serving the county, the original statement shall be filed with the county clerk in the county in which the local government officer serves. A copy of the statement shall be filed with the board. In counties or municipalities which have established ethics boards a copy of the statement shall also be filed with the ethics board having jurisdiction over the local government officer. Local government officers shall file the initial financial disclosure statement within 90 days following the effective date of this act. Thereafter, statements shall be filed on or before April 30th each year, except that each local government officer shall file a financial disclosure statement within 30 days of taking office.

c. All financial disclosure statements filed shall be public records.

d. (1) The Division of Local Government Services in the Department of Community Affairs may establish an electronic filing system for financial disclosure statements required to be filed pursuant to this section.

(2) Upon the implementation of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the division shall include a link to the universal financial disclosure form on its official website.

(cf: P.L.2015, c.95, s.22)

4. This act shall take effect immediately.

STATEMENT

Under current law, requirements to file annual financial disclosure statements are prescribed for certain government officers and employees at all levels of government. At the State level, State officers and employees and special State officers and employees are required to file financial disclosure statements with the State Ethics Commission. At the local government level, local government officers are required to file financial disclosure statements with the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs. School officials are required to file such statements with the School Ethics Commission. The contents of these statements may vary by the applicable law, regulation, or executive order. Therefore, persons who hold multiple government offices or positions, including as volunteers on public boards and commissions, are subject to the respective disclosure requirements for each office or position held, thereby having to file multiple separate financial disclosure statements each year.

This bill requires the development of a single form for use by persons required to file multiple financial disclosure statements with various public bodies. Under the bill, the State Ethics Commission, in consultation with the School Ethics Commission and the Local Finance Board, would develop a universal financial disclosure form within 90 days of the bill’s effective date. The universal form would be designed to enable any person who is required by law, regulation, or executive order to file a financial disclosure statement with more than one government entity to do so by completing and submitting that single form, including any additional addenda that may be required. Under the bill, the universal form would meet all content requirements for disclosure as stipulated by any applicable law, regulation, or executive order. Furthermore, the bill directs the State Ethics Commission, School Ethics Commission, and Local Finance Board to make the form available on their respective official websites.