Bill Text: NJ A528 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits member of Legislature from performing certain no-bid contracts.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly State Government Committee [A528 Detail]
Download: New_Jersey-2010-A528-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman AMY H. HANDLIN
District 13 (Middlesex and Monmouth)
Assemblywoman MARY PAT ANGELINI
District 11 (Monmouth)
Assemblyman DAVID P. RIBLE
District 11 (Monmouth)
SYNOPSIS
Prohibits member of Legislature from performing certain no-bid contracts.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act prohibiting a member of the Legislature from performing certain no-bid contracts and amending P.L.1971, c.182.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 8 of P.L.1971, c.182 (C.52:13D-19) is amended to read as follows:
8. a. No member of the Legislature or State officer or employee shall knowingly himself, or by his partners or through any corporation which he controls or in which he owns or controls more than 1% of the stock, or by any other person for his use or benefit or on his account, undertake or execute, in whole or in part, any contract, agreement, sale or purchase of the value of $25.00 or more, made, entered into, awarded or granted by any State agency, except as provided in subsection b. of this section.
In addition, no member of the Legislature shall knowingly himself, or by the member's partners or through any corporation which the member controls or in which the member owns or controls more than 1% of the stock, or by any other person for the member's use or benefit or on the member's account, undertake or execute, in whole or in part, any contract or agreement that is not publicly advertised for bids, including but not limited to a professional services contract, awarded or granted by any political subdivision of the State or combination of political subdivisions, and any division, board, bureau, office, commission or other instrumentality within or created by a political subdivision of the State or combination of political subdivisions, and any independent authority, commission, instrumentality or agency created by a political subdivision or combination of political subdivisions.
No special State officer or employee having any duties or responsibilities in connection with the purchase or acquisition of property or services by the State agency where he is employed or an officer shall knowingly himself, by his partners or through any corporation which he controls or in which he owns or controls more than 1% of the stock, or by any other person for his use or benefit or on his account, undertake or execute, in whole or in part, any contract, agreement, sale or purchase of the value of $25.00 or more, made, entered into, awarded or granted by that State agency, except as provided in subsection b. of this section.
The restriction contained in this subsection shall apply to the contracts of interstate agencies to the extent consistent with law only if the contract, agreement, sale or purchase is undertaken or executed by a New Jersey member to that agency or by his partners or a corporation in which he owns or controls more than 1% of the stock.
b. The provisions of subsection a. of this section shall not apply to (a) purchases, contracts, agreements or sales which (1) are made or let after public notice and competitive bidding or which (2), pursuant to section 5 of chapter 48 of the laws of 1944 (C. 52:34-10) or such other similar provisions contained in the public bidding laws or regulations applicable to other State agencies, may be made, negotiated or awarded without public advertising for bids, or (b) any contract of insurance entered into by the Director of the Division of Purchase and Property pursuant to section 10 of article 6 of chapter 112 of the laws of 1944 (C. 52:27B-62), if such purchases, contracts or agreements, including change orders and amendments thereto, shall receive prior approval of the Joint Legislative Committee on Ethical Standards if a member of the Legislature or State officer or employee or special State officer or employee in the Legislative Branch has an interest therein, or the Executive Commission on Ethical Standards if a State officer or employee or special State officer or employee in the Executive Branch has an interest therein.
(cf: P.L.1987, c.432, s.5)
2. This act shall take effect immediately.
STATEMENT
At present, the law prohibits a member of the Legislature from, knowingly himself, or by his partners or through any corporation which he controls or in which he owns or controls more than 1% of the stock, or by any other person for his use or benefit or on his account, undertake or execute, in whole or in part, any contract, agreement, sale or purchase of the value of $25.00 or more, made, entered into, awarded or granted by any State agency. This prohibition does not apply to publicly bid contracts or certain other limited classes of contracts, if prior approval of the Joint Legislative Committee on Ethical Standards is obtained.
This bill provides that, in addition, a member of the Legislature will not knowingly himself, or by the member's partners or through any corporation which the member controls or in which the member owns or controls more than 1% of the stock, or by any other person for the member's use or benefit or on the member's account, undertake or execute, in whole or in part, any contract or agreement that is not publicly advertised for bids, including but not limited to a professional services contract, awarded or granted by any political subdivision or combination of political subdivisions, and any division, board, bureau, office, commission or other instrumentality within or created by a political subdivision or combination of political subdivisions, and any independent authority, commission, instrumentality or agency created by a political subdivision or combination of political subdivisions.
