Bill Text: NJ S3628 | 2020-2021 | Regular Session | Introduced
Bill Title: Requires business entity that was issued or applied for certain permit or license to file annual disclosure statement with ELEC; requires annual disclosure statement for certain businesses that make contributions to independent expenditure committees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-19 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S3628 Detail]
Download: New_Jersey-2020-S3628-Introduced.html
Sponsored by:
Senator HOLLY T. SCHEPISI
District 39 (Bergen and Passaic)
SYNOPSIS
Requires business entity that was issued or applied for certain permit or license to file annual disclosure statement with ELEC; requires annual disclosure statement for certain businesses that make contributions to independent expenditure committees.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the filing of annual disclosure statements and amending P.L.2005, c.271 (C.19:44A-20.27).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2005, c.271 (C.19:44A-20.27) is amended to read as follows:
3. a. Any business entity making a contribution of money or any other thing of value, including an in-kind contribution, or pledge to make a contribution of any kind to a candidate for or the holder of any public office having ultimate responsibility for the awarding of public contracts, or to a political party committee, legislative leadership committee, political committee [or], continuing political committee, [which] or independent expenditure committee, that has received in any calendar year $50,000 or more in the aggregate through agreements or contracts with a public entity, or that in this State has been issued or has applied for a permit or license to operate as such a business entity that is issued to no greater than 40 applicants therefor, as limited to that number by statute, State regulation, gubernatorial executive order, or decision of the issuing agency, shall file an annual disclosure statement with the New Jersey Election Law Enforcement Commission, established pursuant to section 5 of P.L.1973, c.83 (C.19:44A-5), setting forth all such contributions made by the business entity during the 12 months prior to the reporting deadline.
b. The commission shall prescribe forms and procedures for the reporting required in subsection a. of this section which shall include, but not be limited to:
(1) the name and mailing address of the business entity making the contribution, and the amount contributed during the 12 months prior to the reporting deadline;
(2) the name of the candidate for or the holder of any public office having ultimate responsibility for the awarding of public contracts, candidate committee, joint candidates committee, political party committee, legislative leadership committee, political committee or continuing political committee receiving the contribution; [and]
(3) if applicable, the amount of money the business entity received from the public entity through contract or agreement, the dates, and information identifying each contract or agreement and describing the goods, services or equipment provided or property sold ; and
(4) if applicable, the
permit or license that has been issued to the business entity or for which the
business entity has applied.
c. The commission shall maintain a list of such reports for public inspection both at its office and through its Internet site.
d. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by: all principals, partners, officers, or directors of the business entity, or their spouses; any subsidiaries directly or indirectly controlled by the business entity; or any political organization organized under section 527 of the Internal Revenue Code that is directly or indirectly controlled by the business entity, other than a candidate committee, election fund, or political party committee, shall be deemed to be a contribution by the business entity.
As used in this section:
["business] "Business entity" means a for-profit entity that is a natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this State or of any other state or foreign jurisdiction [; and] .
"Decision of the issuing agency" means final agency action consistent with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), or instance in which the issuing agency has not issued, for a period of greater than three years, any permits or licensees which would result in greater than 40 total permits or licenses to operate as a particular business entity.
["interest"] Interest means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit, as appropriate.
"Issuing agency" means the State agency issuing a permit or license to operate as a particular business entity.
"State agency" means any of the principal departments in the Executive Branch of the State Government, and any division, board, bureau, office, commission or other instrumentality within or created by such department, the Legislature of the State and any office, board, bureau or commission within or created by the Legislative Branch, and any independent State authority, commission, instrumentality or agency.
e. Any business entity that fails to comply with the provisions of this section shall be subject to a fine imposed by the New Jersey Election Law Enforcement Commission in an amount to be determined by the commission which may be based upon the amount that the business entity failed to report.
(cf: P.L.2007, c.304, s.2)
2. The New Jersey Election Law Enforcement Commission shall, within 90 days of enactment, adopt, immediately upon filing with the Office of Administrative Law, the rules and regulations necessary for the implementation of this act, P.L. , c. (pending before the Legislature as this bill), which rules and regulations shall be effective for a period not to exceed 360 days following the date of enactment of this act and may thereafter be amended, adopted, or readopted by the department in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
3. This act shall take effect January 1 of the year next following enactment that occurs more than 90 days following such enactment.
STATEMENT
This bill requires any business entity that was issued or applied for a permit or license to operate as such a business to file an annual disclosure statement if the permit or license is issued to no greater than 40 applicants for that permit or license, consistent with a law, regulation, executive order, or decision of the issuing agency establishing that limit.
Under current law, a business entity that has received in any calendar year $50,000 or more in the aggregate through agreements or contracts with a public entity and that has made a contribution to a candidate for or holder of any public office having ultimate responsibility for the awarding of public contracts, or to a political party committee, legislative leadership committee, political committee or continuing political committee, must file an annual disclosure statement specifying its contributions with the New Jersey Election Law Enforcement Commission (ELEC). The bill requires those business entities to also file an annual disclosure statement if the business entity has made a contribution to an independent expenditure committee in the preceding 12 months before the deadline for filing the statement.
The bill requires that if a business entity has received or applied for a permit or license to operate as that business entity, the issuance of which permit or license is capped at 40 by any law, regulation, executive order, or decision of the issuing agency, the business entity must also file an annual disclosure statement with ELEC. The bill defines "decision of the issuing agency" to mean final agency action consistent with the "Administrative Procedure Act," or an instance in which the issuing agency has not issued, for a period of greater than three years, any permits or licensees which would result in greater than 40 total permits or licenses to operate as a particular business entity. Under the bill, an "issuing agency" means the State agency issuing a permit or license to operate as a particular business entity.
