Bill Text: NJ S1465 | 2014-2015 | Regular Session | Introduced
Bill Title: Provides certain individuals, businesses or other organizations performing public contracts are prohibited from making certain contributions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-27 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S1465 Detail]
Download: New_Jersey-2014-S1465-Introduced.html
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Provides certain individuals, businesses or other organizations performing public contracts are prohibited from making certain contributions.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting certain contributions by individuals, businesses and other organizations performing public contracts and supplementing P.L.1973, c.83 (C.19:44A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of any other law to the contrary, no individual, business or other organization shall:
enter into a contract with any public entity if, during the preceding two-year period, that individual, business or other organization has made a contribution to: an issue advocacy organization organized under section 527 of the federal Internal Revenue Code (26 U.S.C.s.527), an organization organized under paragraph (4) of subsection c. of section 501 of the federal Internal Revenue Code (26 U.S.C.s.501), or an organization under any other current or future section of the federal Internal Revenue Code that the Election Law Enforcement Commission determines is similar to any of the organizations described in this paragraph; or
make such a contribution during the term of any contract between that individual, business or other organization and any public entity, and for a period of two years thereafter.
b. No such organization shall accept a contribution from such an individual, business or other organization during the term of its contract with a public entity and for two years thereafter.
2. As used in this act:
"business" means any business corporation, professional services corporation, limited liability company, partnership, or limited partnership, or other commercial entity organized under the laws of this State or of any other state or foreign jurisdiction.
"public entity" means any of the principal departments in the Executive Branch of State government, and any division, agency, board, bureau, office, commission other instrumentality within or created by such department including, but not limited to, the New Jersey Commerce and Economic Growth Commission; the Legislature of the State and any office, board, bureau or commission within or created by the Legislative Branch; any independent State authority, commission, instrumentality or agency; any public institution of higher education; and, to the extent permitted by law, any interstate agency to which New Jersey is a party; a county, municipality or school district or any authority, commission, instrumentality or agency created by one or more counties municipalities or school districts; and any other State or local public body or quasi-public body the creation of which is authorized or directed by statute.
3. An individual who, or a business or other organization that, is determined by the Election Law Enforcement Commission to have willfully and knowingly made a contribution in violation of the provisions of section 1 of this act shall be liable to a penalty of up to twice the value of its contract with a public entity and may be debarred from contracting with any public entity for up to seven years.
4. Nothing contained in this act shall be construed as affecting the eligibility of any individual, business or other organization to perform a public contract because that individual, business or other organization made any contribution during the two-year period immediately preceding the effective date of this act.
5. This act shall take effect immediately.
STATEMENT
This bill would prohibit an individual, business, or other organization from performing a contract for a public entity at any level of government if the individual, business, or organization has made a contribution during the preceding two-year period to an issue advocacy organization organized under section 527 of the federal Internal Revenue Code, an organization organized under paragraph (4) of subsection c. of section 501 of the federal Internal Revenue Code, or under any other current or future section of the federal Internal Revenue Code that the Election Law Enforcement commission determines is similar to any of these organizations. It also prohibits an individual, business, or other organization that has entered into a contract with a public entity from making such a contribution during the term of that contract and for two years thereafter. Contributions made prior to the bill's effective date would not affect eligibility to perform a contract.
An individual who or business or other organization that willfully and knowingly violates the bill's provisions would be subject to a penalty of up to twice the value of its contract and debarment from public contracting for up to seven years.
