Bill Text: NJ A268 | 2020-2021 | Regular Session | Introduced
Bill Title: Bars use of certain funds and nondisclosure agreements to settle sexual assault and harassment claims against certain State officers and employees, members of Legislature, and candidates.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2020-01-14 - Introduced, Referred to Assembly State and Local Government Committee [A268 Detail]
Download: New_Jersey-2020-A268-Introduced.html
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblyman JOHN ARMATO
District 2 (Atlantic)
Assemblyman VINCENT MAZZEO
District 2 (Atlantic)
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Assemblywoman JOANN DOWNEY
District 11 (Monmouth)
Co-Sponsored by:
Assemblywoman Vainieri Huttle and Assemblyman Houghtaling
SYNOPSIS
Bars use of certain funds and nondisclosure agreements to settle sexual assault and harassment claims against certain State officers and employees, members of Legislature, and candidates.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the use of public funds, campaign funds, and nondisclosure agreements to settle sexual assault and harassment claims against certain State officers and employees, members of the Legislature and candidates, amending P.L.1993, c.65 and supplementing Title 52 of the Revised Statues.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New Section) a. As used in this section:
"member of the Legislature" means any person elected to serve in the General Assembly or the Senate of this State;
"nondisclosure agreement" means an agreement in which the parties agree not to disclose the terms of any settlement, including a monetary settlement, entered into to settle allegations of sexual assault or sexual harassment;
"sexual assault" means an act committed under circumstances or conditions set forth in chapter 14 of Title 2C of the New Jersey Statutes, including sexual contact;
"sexual harassment" means any solicitation of any sexual act, physical advances, or verbal or non-verbal conduct that is sexual in nature and that either: is unwelcome, offensive to a reasonable person, or creates a hostile workplace environment, and the State officer or employee or special State officer or employee, or member of the Legislature knows, should know, or is told this; or is sufficiently severe or intense to be abusive to a reasonable person in that context. "Sexual harassment" may consist of a single extreme or severe act or of multiple acts and may include, but is not limited to, conduct with another person whether or not such person is in a subordinate position to the State officer or employee, special State officer or employee, or member of the Legislature. "Sexual harassment" may also include conduct of a nonsexual nature if it is based on the sex of an individual;
"special State officer or employee" means any person holding an office or employment in a State agency, excluding an interstate agency, for which office or employment no compensation is authorized or provided by law, or no compensation other than a sum in reimbursement of expenses, whether payable per diem or per annum, is authorized or provided by law; or any person, not a member of the Legislature, holding a part-time elective or appointive office or employment in a State agency, excluding an interstate agency;
"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; and
"State officer or employee" means any person, other than a special State officer or employee holding an office or employment in a State agency, excluding an interstate agency, other than a member of the Legislature.
b. A State agency shall not:
(1) use public funds to make a payment to a person in settlement of a claim that the person was the victim of sexual assault or sexual harassment by a State officer or employee, or a special State officer or employee, or a member of the Legislature, either prior to the filing of a lawsuit by that person or at any time after a lawsuit is filed; or
(2) enter into a nondisclosure agreement with any person to settle a claim that the person was the victim of sexual assault or sexual harassment by a State officer or employee, or a special State officer or employee, or a member of the Legislature, either prior to the filing of a lawsuit by that person or at any time after a lawsuit is filed.
2. Section 17 of P.L.1993, c.65 (C.19:44A-11.2) is amended to read as follows:
17. a. All contributions received by a candidate, candidate committee, a joint candidates committee or a legislative leadership committee shall be used only for the following purposes:
(1) the payment of campaign expenses;
(2) contributions to any charitable organization described in section 170(c) of the Internal Revenue Code of 1954, as amended or modified, or nonprofit organization which is exempt from taxation under section 501(c) of the Internal Revenue Code of 1954, except any charitable organization of which the candidate or a member of the candidate's immediate family is a paid officer, director or employee or receives compensation for goods or services provided to the organization;
(3) transmittal to another candidate, candidate committee, or joint candidates committee, or to a political committee, continuing political committee, legislative leadership committee or political party committee, for the lawful use by such other candidate or committee;
(4) the payment of the overhead and administrative expenses related to the operation of the candidate committee or joint candidates committee of a candidate or a legislative leadership committee;
(5) the pro rata repayment of contributors; or
(6) the payment of ordinary and necessary expenses of holding public office.
As used in this subsection, "campaign expenses" means any expense incurred or expenditure made by a candidate, candidate committee, joint candidates committee or legislative leadership committee for the purpose of paying for or leasing items or services used in connection with an election campaign, other than those items or services which may reasonably be considered to be for the personal use of the candidate, any person associated with the candidate or any of the members of a legislative leadership committee; and "member of the candidate's immediate family" means the candidate's spouse, child, parent, or sibling, and the child, parent, or sibling of the candidate's spouse.
b. No contribution received by a candidate or by the candidate committee or joint candidates committee of a candidate may be used:
(1) for the payment of the expenses arising from the furnishing, staffing or operation of an office used in connection with that person's official duties as an elected public official; or
(2) to make a payment to a person in settlement of a claim that the person was the victim of sexual assault or sexual harassment by a candidate or an employee of a candidate, prior to the filing of a lawsuit by that person or at any time after a lawsuit is filed.
c. Any funds remaining in the campaign depository of a candidate's candidate committee or joint candidates committee upon the death of the candidate shall be used only for one or more of the purposes established in subsection a. of this section by the committee's organizational treasurer or deputy treasurer or whoever has control of the depository upon the death of the candidate.
(cf: P.L.2007, c.202, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill prohibits a State agency in the Executive or Legislative Branch of State government from using public funds as payment in a settlement of a claim that a person was the victim of sexual assault or sexual harassment by a State officer or employee, or a special State officer or employee, or a member of the Legislature, either prior to the filing of a lawsuit by that person or at any time after a lawsuit is filed.
The bill also prohibits the use of campaign funds to make a payment to a person in settlement of a claim that the person was the victim of sexual assault or sexual harassment by a candidate or an employee of a candidate, either prior to the filing of a lawsuit by that person or at any time after a lawsuit is filed.
In addition, the bill prohibits a State agency from entering into a nondisclosure agreement, in which the parties agree not to disclose the terms of a settlement, with any person to settle a claim that the person was a victim of sexual assault or sexual harassment by a State officer or employee or a special State officer or employee, or a member of the Legislature, either prior to the filing of a lawsuit by that person or at any time after a lawsuit is filed.
