Bill Text: NJ A3635 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits persons who violated certain laws from registering as governmental affairs agents and from acting as representative before local government units.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-06 - Introduced, Referred to Assembly State Government Committee [A3635 Detail]
Download: New_Jersey-2010-A3635-Introduced.html
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
Prohibits persons who violated certain laws from registering as governmental affairs agents and from acting as representative before local government units.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning persons who may be governmental affairs agents or who may act as a representative before local government units and supplementing P.L.1971, c.183 (C.52:13C-18 et seq.) and Title 40A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. No person who has been found to have committed a violation under N.J.S.2C:27-2, N.J.S.2C:27-3, N.J.S.2C:27-5, section 100 of P.L.1999, c.440 (C.2C:27-9), or sections 5 and 6 of P.L.2003, c.255 (C.2C:27-10 and C.2C:27-11), or any other law or P.L.1973, c.83 (C.19:44A-1 et seq.) when the violation was committed knowingly and intentionally and involved elements that touched upon or involved the integrity or objectivity of an elected or appointed public officer holder, shall register as a governmental affairs agent as defined by section 3 of P.L.1971, c.183 (C.52:13C-20).
b. A person shall be deemed to have committed a violation if the person pleads guilty or was found or adjudged guilty by a court of competent jurisdiction, or by the Election Law Enforcement Commission or other authorized entity. The prohibition in subsection a. shall also apply if the person was found to have committed a violation under a federal law or a law of another state that was substantially similar to a law described in subsection a. of this section.
c. A person who knowingly and intentionally violates the provisions of subsection a. of this section shall be subject to a penalty of not more than $10,000.
d. Upon receiving evidence of a violation of this section, the Election Law Enforcement Commission shall have the power to hold, or to cause to be held, hearings about the violation and, upon finding a person to have committed a violation, to assess such penalty, within the limits prescribed herein, as it deems proper under the circumstances, which penalty may be collected in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
2. a. No person who has been found to have committed a violation under N.J.S.2C:27-2, N.J.S.2C:27-3, N.J.S.2C:27-5, section 100 of P.L.1999, c.440 (C.2C:27-9), or sections 5 and 6 of P.L.2003, c.255 (C.2C:27-10 and C.2C:27-11), or any other law or P.L.1973, c.83 (C.19:44A-1 et seq.) when the violation was committed knowingly and intentionally and involved elements that touched upon or involved the integrity or objectivity of an elected or appointed public officer holder, shall act as a representative of another person, entity or group before a local government unit for the purpose of influencing an ordinance, resolution or governmental process of the local government unit.
b. A person shall be deemed to have committed a violation if the person pleads guilty or was found or adjudged guilty by a court of competent jurisdiction, or by the Election Law Enforcement Commission or other authorized entity. The prohibition in subsection a. shall also apply if the person was found to have committed a violation under a federal law or a law of another state that was substantially similar to a law described in subsection a. of this section.
c. A person who knowingly and intentionally violates the provisions of subsection a. of this section shall be subject to a penalty of not more than $10,000, which penalty may be enforced by a county or municipal prosecutor in municipal court or Superior Court in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
d. For the purposes of this section:
"act as a representative" means to receive or agree to receive, directly or indirectly, compensation, in money or anything of value including reimbursement of expenses when such reimbursement exceeds $100 in any three-month period, to influence, ordinances, resolutions or governmental processes by direct or indirect communication with, or by making or authorizing or causing to be made or authorized, any expenditures providing a benefit to, an official or employee of a local government unit, or to engage as an incident to regular employment in influencing ordinances, resolutions or governmental processes, by such means. The phrase shall not include acting in relation to the duties or interests of the person's employment or at the request or suggestion of the employer to communicate with an official or employee of a local government unit concerning an ordinance, resolution or governmental process if such communication is an isolated, exceptional or infrequent activity in relation to the usual duties of the employment.
"communication" means any communication, oral or in writing or any other medium, addressed, delivered, distributed or disseminated to an official or employee of a local government unit, as distinguished from communication to the general public.
"expenditures providing a benefit" means any expenditure for entertainment, food and beverage, travel and lodging, honoraria, loans, gifts or any other thing of value, except for (1) any money or thing of value paid for past, present, or future services in regular employment, whether in the form of a fee, expense, allowance, forbearance, forgiveness, interest, dividend, royalty, rent, capital gain, or any other form of recompense, or any combination thereof, or (2) any dividends or other income paid on investments, trusts, and estates.
"influencing a governmental process" means to make any attempt, whether successful or not, to assist a represented person, entity or group to engage in communication with, or to secure information from, an official or employee of a local government unit concerning, but not limited to, contracts, permits, licenses, fines, penalties, administrative determinations, financial assistance, grants or loans.
"influencing an ordinance or resolution" means to make any attempt, whether successful or not, to secure or prevent the initiation, proposal, or consideration of an ordinance or resolution or to secure or prevent the passage, defeat, amendment, modification or rejection of any ordinance or resolution by an official or employee of a local government unit.
"local government unit" means a county, municipality, or other political subdivision of the State, or any agency, authority, board, commission or other entity thereof.
3. This act shall take effect immediately.
STATEMENT
This bill prohibits a person who has been found to have knowingly and intentionally committed certain violations, including, but not limited to, violations involving bribing, threatening or retaliating in official or political matters concerning public offices or duties or making or accepting illegal campaign contributions, from registering with the New Jersey Election Law Enforcement Commission as a governmental affairs agent, or from representing any other person, entity or group before a county, municipality or other political subdivision of the State, or any agency, authority, board, commission or other entity thereof, for the purpose of influencing an ordinance, resolution or governmental process of a local government unit. The prohibition would also apply if the person was found to have committed a violation under a federal law or the law of another state substantially similar to the New Jersey laws described in the bill.
A person who knowingly and intentionally violates the prohibition in this bill would be liable to a civil penalty of not more than $10,000.
