ASSEMBLY, No. 4350
STATE OF NEW JERSEY
219th LEGISLATURE
INTRODUCED JULY 2, 2020
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Requires elected public officials and candidates for elective public office to disclose if they ever filed for bankruptcy; requires financial disclosure by candidates for public office in county or municipality.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring the disclosure of certain information by elected public officials and candidates for elective public office, and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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 ; and
(5) Whether the school official, if involved in the formulation or approval of the district's annual budget, has filed for bankruptcy during the period covered by the statement or at any other time during the school official's lifetime.
b. 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.
c. All financial disclosure statements filed shall be public records.
(cf: P.L.1991, c.393, s.6)
2. Section 1 of P.L.1981, c.129 (C.19:44B-1) is amended to read as follows:
1. a. "Gift" means any money or thing of value received other than as income, and for which a consideration of equal or greater value is not received, but does not include any political contribution reported as otherwise required by law, any loan made in the ordinary course of business, or any devise, bequest, intestate estate distribution or principal distribution of a trust or gift received from a member of a person's household or from a relative within the third degree of consanguinity of the person or his spouse, or from the spouse of that relative;
b. "Income" means any money or thing of value received, or to be received, as a claim on future services, 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;
c. "Member of household" means the spouse of a candidate for the office of Governor [or] , Lieutenant Governor or of a candidate for the Senate or General Assembly, of a candidate for public office in a county or municipality residing in the same domicile and any dependent children.
(cf: P.L.2009, c.66, s.28)
3. Section 2 of P.L.1981, c.129 (C.19:44B-2) is amended to read as follows:
2. a. Every candidate for the office of Governor [and] every candidate for the Senate or General Assembly, and every candidate for public office in a county or municipality shall file and certify the correctness of a financial disclosure statement on or before the tenth day following the last day for filing a petition to appear on the ballot, and the financial disclosure statement shall be filed with the Election Law Enforcement Commission in the Department of Law and Public Safety.
b. Every candidate for the office of Lieutenant Governor shall file and certify the correctness of a financial disclosure statement on or before the 30th day following the day such candidate is selected by the candidate for the office of Governor of the same political party, and the financial disclosure statement shall be filed with the commission.
(cf: P.L.2009, c.66, s.29)
4. Section 3 of P.L.1981, c.129 (C.19:44B-3) is amended to read as follows:
3. The commission shall prepare and transmit to each candidate for the office of Governor [and], the office of Lieutenant Governor and to each candidate for the Senate or General Assembly, and to each candidate for public office in a county or municipality forms for the filing of financial disclosure statements required by this act.
(cf: P.L.2009, c.66, s.30)
5. Section 4 of P.L.1981, c.129 (C.19:44B-4) is amended to read as follows:
4. Financial disclosure statements shall include the sources of income received from sources other than the [State] salary received for holding public office during the preceding calendar year by the candidate and members of [his] the candidate's household. Without disclosing the amounts of income, gifts, reimbursements, and holdings, the statements shall include the following:
a. Each of the following categories of earned income totalling more than $1,000.00: salaries, bonuses, royalties, fees, commissions and profit sharing received as an officer, employee, partner or consultant of a named corporation, professional association, partnership or sole proprietorship;
b. Each of the following categories of unearned income totalling more than $1,000.00: rents, dividends and other income received from named investments, trusts and estates;
c. Fees and honorariums totalling more than $100.00 received from named payers for personal appearances, speeches or writings;
d. Reimbursements totalling more than $100.00 for travel, subsistence or facilities provided in kind received from named payers or providers other than the State, any political subdivision thereof, a principal employer, or a nonprofit organization;
e. Gifts having a value totalling more than $250.00 received from named donors; and
f. Ownership, holding, or control of an interest in any land or building in any city in which casino gambling is authorized, which land or building shall be specified.
The statement shall also require the candidate to disclose whether the candidate, if ever involved in the formulation or approval of an annual appropriations act or school, county or municipal budget, has filed for bankruptcy during the period covered by the statement or at any other time during the candidate's lifetime.
(cf: P.L.1981, c.129, s.4)
6. Section 5 of P.L.1981, c.129 (C.19:44B-5) is amended to read as follows:
5. a. Upon receipt from any person of a declaration of candidacy or a petition to appear on the ballot for election as Governor or as Lieutenant Governor, or as a member of the Legislature, the [Secretary of State] Attorney General shall, within [2] two days of the receipt, notify the commission of the name and address of the candidate and the date of the receipt.
b. Upon receipt from any person of a declaration of candidacy or a petition to appear on the ballot for election to public office in a county or a municipality within such a county, the clerk thereof shall, within two days of the receipt, notify the commission of the name and address of the candidate and the date of the receipt.
(cf: P.L.2009, c.66, s.31)
7. 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.
(6) Whether the local government officer, if involved in the formulation or approval of an annual county or municipal budget, has filed for bankruptcy during the period covered by the statement or at any other time during the officer's lifetime.
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. 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.
(cf: P.L.2015, c.95, s.22)
8. Section 12 of P.L.1971, c.182 (C.52:13D-23) is amended to read as follows:
12. (a) (1) The head of each State agency, or the principal officer in charge of a division, board, bureau, commission or other instrumentality within a department of State Government designated by the head of such department for the purposes hereinafter set forth, shall within six months from the date of enactment, promulgate a code of ethics to govern and guide the conduct of the members of the Legislature, the State officers and employees or the special State officers and employees in the agency to which said code is applicable. Such code shall conform to the general standards hereinafter set forth in this section, but it shall be formulated with respect to the particular needs and problems of the agency to which said code is to apply and, when applicable, shall be a supplement to the uniform ethics code promulgated pursuant to paragraph (2) of this subsection. Notwithstanding any other provisions of this section, the New Jersey members to any interstate agency to which New Jersey is a party and the officers and employees of any State agency which fails to promulgate a code of ethics shall be deemed to be subject to a code of ethics the provisions of which shall be paragraphs (1) through (6) of subsection (e) of this section.
(2) Within 180 days following the effective date of this act, P.L.2005, c.382, the State Ethics Commission shall promulgate a uniform ethics code to govern and guide the conduct of State officers and employees and special State officers and employees in State agencies in the Executive Branch. Such code shall conform to the general standards hereinafter set forth in this section, shall be the primary code of ethics for State agencies once it is adopted and a code promulgated pursuant to paragraph (1) of this subsection shall be a supplement to the primary code. The head of each State agency, or the principal officer in charge of a division, board, bureau, commission or other instrumentality within a department of State Government designated by the head of such department shall revise each code of ethics promulgated prior to the uniform code to recognize the uniform code as the primary code.
(b) A code of ethics formulated pursuant to subsection (a) of this section to govern and guide the conduct of the State officers and employees or the special State officers and employees in any State agency in the Executive Branch, or any portion of such a code, shall not be effective unless it has first been approved by the State Ethics Commission. When a proposed code is submitted to the said commission it shall be accompanied by an opinion of the Attorney General as to its compliance with the provisions of this act and any other applicable provision of law. Nothing contained herein shall prevent officers of State agencies in the Executive Branch from consulting with the Attorney General or with the State Ethics Commission at any time in connection with the preparation or revision of such codes of ethics.
(c) A code of ethics formulated pursuant to this section to govern and guide the conduct of the members of the Legislature, State officers and employees or special State officers and employees in any State agency in the Legislative Branch, or any portion of such code, shall not be effective unless it has first been approved by the Legislature by concurrent resolution. When a proposed code is submitted to the Legislature for approval it shall be accompanied by an opinion of the chief counsel as to its compliance with the provisions of this act and any other applicable provisions of law. Nothing contained herein shall prevent officers of State agencies in the Legislative Branch from consulting with the Chief Legislative Counsel or the Joint Legislative Committee on Ethical Standards at any time in connection with the preparation or revision of such codes of ethics.
(d) Violations of a code of ethics promulgated pursuant to this section shall be cause for removal, suspension, demotion or other disciplinary action by the State officer or agency having the power of removal or discipline. When a person who is in the classified civil service is charged with a violation of such a code of ethics, the procedure leading to such removal or discipline shall be governed by any applicable provisions of the Civil Service Act, N.J.S. 11A:1-1 et seq., and the Rules of the Civil Service Commission. No action for removal or discipline shall be taken under this subsection except upon the referral or with the approval of the State Ethics Commission or the Joint Legislative Committee on Ethical Standards, whichever is authorized to exercise jurisdiction with respect to the complaint upon which such action for removal or discipline is to be taken.
(e) A code of ethics for officers and employees of a State agency shall conform to the following general standards:
(1) No State officer or employee or special State officer or employee should have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity, which is in substantial conflict with the proper discharge of his duties in the public interest.
(2) No State officer or employee or special State officer or employee should engage in any particular business, profession, trade or occupation which is subject to licensing or regulation by a specific agency of State Government without promptly filing notice of such activity with the State Ethics Commission, if he is an officer or employee in the Executive Branch, or with the Joint Legislative Committee on Ethical Standards, if he is an officer or employee in the Legislative Branch.
(3) No State officer or employee or special State officer or employee should use or attempt to use his official position to secure unwarranted privileges or advantages for himself or others.
(4) No State officer or employee or special State officer or employee should act in his official capacity in any matter wherein he has a direct or indirect personal financial interest that might reasonably be expected to impair his objectivity or independence of judgment.
(5) No State officer or employee or special State officer or employee should undertake any employment or service, whether compensated or not, which might reasonably be expected to impair his objectivity and independence of judgment in the exercise of his official duties.
(6) No State officer or employee or special State officer or employee should accept any gift, favor, service or other thing of value under circumstances from which it might be reasonably inferred that such gift, service or other thing of value was given or offered for the purpose of influencing him in the discharge of his official duties.
(7) No State officer or employee or special State officer or employee should knowingly act in any way that might reasonably be expected to create an impression or suspicion among the public having knowledge of his acts that he may be engaged in conduct violative of his trust as a State officer or employee or special State officer or employee.
(8) Rules of conduct adopted pursuant to these principles should recognize that under our democratic form of government public officials and employees should be drawn from all of our society, that citizens who serve in government cannot and should not be expected to be without any personal interest in the decisions and policies of government; that citizens who are government officials and employees have a right to private interests of a personal, financial and economic nature; that standards of conduct should separate those conflicts of interest which are unavoidable in a free society from those conflicts of interest which are substantial and material, or which bring government into disrepute.
(f) The code of ethics for members of the Legislature shall conform to subsection (e) hereof as nearly as may be possible and shall require a member to disclose whether the member has filed for bankruptcy during the period covered by an annual disclosure statement or at any other time during the member's lifetime.
(cf: P.L.2008, c.29, s.104)
9. This act shall take effect on the January 1 next following the date of enactment.
STATEMENT
The purpose of this bill is to require that every elected public official in this State, and every candidate for elective public office, disclose on the financial disclosure statement required to be filed by that individual, if she or he was involved in the formulation or approval of an annual appropriations act or school, county or municipal budget, whether the individual has filed for bankruptcy during the period covered by the disclosure statement or at any other time during the individual's lifetime.
The bill also requires the filing of financial disclosure forms by candidates for public office in a county or municipality. The financial disclosure statements would be required to be filed with the Election Law Enforcement Commission (ELEC) and would seek the disclosure of the same information as is now required to be disclosed by candidates for the office of Governor and member of the Legislature.