Bill Text: NJ S909 | 2014-2015 | Regular Session | Introduced
Bill Title: Concerns awarding of professional services contracts by public agencies and requires certain disclosures by State and local government officials and candidates for elective public office.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S909 Detail]
Download: New_Jersey-2014-S909-Introduced.html
Sponsored by:
Senator CHRISTOPHER J. CONNORS
District 9 (Atlantic, Burlington and Ocean)
SYNOPSIS
Concerns awarding of professional services contracts by public agencies and requires certain disclosures by State and local government officials and candidates for elective public office.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the awarding of professional services contracts by public agencies and requiring certain disclosures by State and local government officials and candidates for elective public office, and amending and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) A board of education shall require any business entity seeking to perform a professional services contract for that board to certify in writing that there are no unsatisfied judgments, injunctions or liens obtained by a public agency including, but not limited to, any based on taxes owed or fines and penalties assessed by any public agency, against that business entity or against any other business entity holding an interest therein. A board of education shall not award a professional services contract to a business entity if there exist any such judgments, injunctions or liens against the business entity or any other business entity having an interest therein.
As used in this section:
"business entity" means 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.
2. (New section) A contracting unit, as defined in section 2 of P.L.1971, c.198 (C.40A:11-2), shall require any business entity seeking to perform a professional services contract for that contracting unit to certify in writing that there are no unsatisfied judgments, injunctions or liens obtained by a public agency including, but not limited to, any based on taxes owed or fines and penalties assessed by any public agency, against that business entity or against any other business entity holding an interest therein. A contracting unit shall not award a professional services contract to a business entity if there exist any such judgments, injunctions or liens against the business entity or any other business entity having an interest therein.
As used in this section:
"business entity" means 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.
3. (New section) A State agency shall require any business entity seeking to perform a professional services contract for that agency to certify in writing that there are no unsatisfied judgments, injunctions or liens obtained by a public agency including, but not limited to, any based on taxes owed or fines and penalties assessed by any public agency, against that business entity or against any person or other business entity holding an interest therein. A State agency shall not award a professional services contract to a business entity if there exist any such judgments, injunctions or liens against the business entity or any other business entity having an interest therein.
As used in this section:
"business entity" means 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.
4. 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) A list of any unsatisfied judgments, injunctions, or liens obtained by a public agency including, but not limited to, any based on taxes owed and fines and penalties assessed by any public agency, against the school official, or a statement that no such judgments, injunctions, or liens exist.
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)
5. 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 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. The financial disclosure statement shall disclose any unsatisfied judgments, injunctions, or liens obtained by a public agency including, but not limited to, any based on taxes owed and fines and penalties assessed by any public agency, against the candidate, or include a statement by the candidate that no such judgments, injunctions or liens exist.
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)
6. 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 this act 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; and
(6) A list of any unsatisfied judgments, injunctions, or liens obtained by a public agency including, but not limited to, any based on taxes owed and fines and penalties assessed by any public agency, against the local government officer, or a statement that no such judgments, injunctions, or liens exist.
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.
(cf: P.L.2008, c.72, s.1)
7. (New section) Any State officer or employee who is subject to financial disclosure by law, regulation or executive order shall include in the officer or employee's financial disclosure form a list of any unsatisfied judgments, injunctions or liens obtained by a public agency including, but not limited to, judgments based on taxes owed and fines and penalties assessed by any public agency, against the officer or employee, or a statement that no such judgments, injunctions or liens exists.
8. This act shall take effect immediately.
STATEMENT
This bill provides that a board of education, local government contracting unit or State agency must require any business entity seeking to perform a professional services contract for that board, unit, or agency to certify in writing that there are no unsatisfied judgments, injunctions or liens obtained by a public agency, including any based on taxes owed or fines and penalties assessed by any public agency, against that business entity or against any other business entity holding an interest therein. The bill would prohibit the awarding of a professional services contract to a business entity if there are any such judgments, injunctions or liens against the business entity or any other business entity having an interest therein. As used in the bill, "business entity" includes a person as well as various forms of businesses.
The bill would also require school officials, local government officers and State officers and employees, who are subject to financial disclosure, to include in their annual disclosure forms a statement of any unsatisfied judgments, injunctions or liens obtained by a public agency including, but not limited to, any based on taxes owed and fines and penalties assessed by any public agency, against the officer or employee or a statement that no such judgments, injunctions or liens exists. In addition, the bill would require candidates for the office of Governor and for the Legislature to include such a statement in the financial disclosure statement those candidates are required to file with the Election Law Enforcement Commission.
