Bill Text: NJ A103 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits campaign contributions by certain individuals, businesses or other organizations performing public contracts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly State Government Committee [A103 Detail]
Download: New_Jersey-2012-A103-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblywoman AMY H. HANDLIN
District 13 (Monmouth)
SYNOPSIS
Prohibits campaign contributions by certain individuals, businesses or other organizations performing public contracts.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain campaign contributions by certain individuals, businesses and other organizations 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. Notwithstanding the provisions of any other law to the contrary, no individual, business or other organization shall:
a. enter into a contract with any public entity if, during the preceding one-year period, that individual, business or other organization has made a contribution: (1) subject to the reporting requirements of the "New Jersey Campaign Contributions and Expenditures Reporting Act," P.L.1973, c.83 (C.19:44A-1 et seq.); or (2) (a) to an issue advocacy organization organized under section 527 of the federal Internal Revenue Code (26 U.S.C.s.527), (b) to an organization organized under paragraph (4) of subsection c. of section 501 of the federal Internal Revenue Code (26 U.S.C.s.501), (c) to 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 subparagraphs (a) or (b) of this paragraph; or (d) to a candidate committee, joint candidates committee, political party committee, legislative leadership committee, political committee, or continuing political party committee, other than a political committee or continuing political committee organized solely for the purpose of advocating the passage or defeat of a public question; or
b. make such a contribution to such a committee during the term of any contract between that individual, business or other organization and any public entity, and for a period of one year thereafter.
c. No such committee shall accept a contribution from such an individual, business or other organization during the term of its contract with a public entity and for one year 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 five years.
4. Any committee, other than a political committee or continuing political committee organized solely for the purpose of advocating the passage or defeat of a public question, that is determined by the Election Law Enforcement Commission to have willfully and knowingly accepted a contribution in violation of the provisions section 1 of this act shall be liable to a penalty of up to twice the amount of the contribution for each violation.
5. 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 a contribution to any committee during the one-year period immediately preceding the effective date of this act.
6. This act shall take effect immediately.
STATEMENT
The purpose of this bill is to eliminate the actuality or appearance of corruption which may result when public contracts are awarded to individuals, businesses or other organizations that contribute to campaigns for public office.
Specifically, it provides that an individual who, or a business or other organization that, has made a campaign contribution would be prohibited for one year from performing a contract for a public entity at any level of government until one year after the contribution is made. A contribution is one (1) subject to the reporting requirements of the "New Jersey Campaign Contributions and Expenditures Reporting Act," or (2) made 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 (3) made by 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 these organizations.
The bill also prohibits an individual who or a business or other organization that has entered into a contract with a public entity from making a campaign contribution during the term of that contract and for one year thereafter. Contributions made prior to the bill's effective date would not affect an individual's, business' or other organization's 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 five years. A committee, other than a political committee or continuing political committee organized solely for the purpose of advocating the passage or defeat of a public question, who or business or other organization that willfully and knowingly accepts a contribution from a business entity in violation of the bill's provisions would be subject to a penalty of up to twice the amount of the contribution for each violation.
