Bill Text: NJ S3731 | 2018-2019 | Regular Session | Introduced
Bill Title: Reduces threshold for filing annual disclosure statement with ELEC from $50,000 in public contracts to $17,500.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-05-16 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S3731 Detail]
Download: New_Jersey-2018-S3731-Introduced.html
Sponsored by:
Senator TROY SINGLETON
District 7 (Burlington)
Senator KRISTIN M. CORRADO
District 40 (Bergen, Essex, Morris and Passaic)
SYNOPSIS
Reduces threshold for filing annual disclosure statement with ELEC from $50,000 in public contracts to $17,500.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the filing of annual disclosure statements for political contributions and amending P.L.2005, c.271.
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 has received in any calendar year [$50,000] $17,500 or more in the aggregate through agreements or contracts with a public entity, 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) 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.
c. The commission shall maintain a list of such reports for public inspection both at its office and through its Internet site. The commission shall also publish on its Internet site a link to the official Internet site of the Division of Purchase and Property in the Department of the Treasury, along with a notice that procurement information specific to the award of public contracts by State agencies may be accessed thereon.
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 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
"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.
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 Department of the Treasury shall publish notice of the adjusted threshold amount for filing an annual disclosure statement in accordance with section 3 of P.L.2005, c.271 (C.19:44A-20.27) on its website and on the webpage for the Division of Purchase and Property.
3. This act shall take effect on the first day of the calendar year next following enactment.
STATEMENT
This bill reduces the threshold for filing an annual disclosure statement with the New Jersey Election Law Enforcement Commission (ELEC) from $50,000 in public contracts to $17,500. Currently, any business entity that has received public contracts in an amount equaling or exceeding $50,000 in the aggregate over the course of a calendar year is required to file an annual disclosure statement with ELEC if the entity has made certain political contributions. The bill would reduce that amount to $17,500.
Under current law, a business entity that has received in any calendar year $50,000 or more in the aggregate in public contracts must file an annual disclosure statement with ELEC if the entity has made a political contribution to a candidate for public office, or a sitting public official, responsible for awarding public contracts, or to a political party committee, legislative leadership committee, political committee, or continuing political committee. The report must include all contributions made by the business entity during the preceding 12 months.
State agencies may not enter into a contract in an amount over $17,500 with a business entity that has solicited or made any contributions to a candidate for or holder of the public office of Governor or of Lieutenant Governor, or to any State or county political party committee in the preceding 18 months. This bill will more closely align the reporting requirements to that threshold by requiring annual disclosure statements for contracts that exceed $17,500 in the aggregate over the course of a year.
The bill also requires ELEC to publish on its Internet site a link to the official Internet site of the Division of Purchase and Property in the Department of the Treasury, along with a notice that procurement information specific to the award of public contracts by State agencies may be accessed thereon. The Department of the Treasury is to publish notice of the new threshold amount on its website and on the webpage for the Division of Purchase and Property.
