SCR90

A Concurrent Resolution to amend the 1982-1983 Legislative Code of Ethics set forth in 1982 Senate Concurrent Resolution No.107, adopted temporarily as the Legislative Code of Ethics for the Two Hundred and Eleventh Legislature.

Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

1. Section 2:2 of the 1982-1983 Legislative Code of Ethics set forth in 1982 Senate Concurrent Resolution No.107, adopted temporarily as the Legislative Code of Ethics for the Two Hundred and Eleventh Legislature pursuant to the New Jersey State Legislature Organizational Concurrent Resolution of January 13, 2004, is amended to read as follows:

2:2. Except as hereinafter provided in sections 2:3 and 2:4, no member of the Legislature nor any partnership or firm of which he is a member or any corporation in which he owns or controls an interest, nor any partner, officer or employee of any such partnership, firm or corporation, shall represent, appear for, or negotiate on behalf of, or agree to represent, appear for, or negotiate on behalf of, any person or party other than the State in connection with:

a. The acquisition or sale by the State or a State agency of any interest in real or tangible or intangible personal property (C.52:13D-15);

b. The acquisition by the State or a State agency of any interest in real property by condemnation proceedings (C.52:13D-15);

c. Any specific cause, proceeding, application or other matter before any State agency (C.52:13D-16);

d. The acquisition by a county or municipality, or any authority thereof, of any interest in real property by condemnation proceedings, if the acquisition is funded wholly or partially, directly or indirectly by State monies.

2. Section 2:5 of the 1982-1983 Legislative Code of Ethics set forth in 1982 Senate Concurrent Resolution No.107, adopted temporarily as the Legislative Code of Ethics for the Two Hundred and Eleventh Legislature pursuant to the New Jersey State Legislature Organizational Concurrent Resolution of January 13, 2004, is amended to read as follows:

2:5. Prior approval of the Joint Legislative Committee on Ethical Standards shall be obtained for a member of the Legislature, individually, through a partnership or firm with which he is associated or by a corporation in which he owns or controls an
interest, to bid on and to accept awards of contracts let or awarded by a State agency , or by a county or municipality, or any authority thereof, if the contract is issued in connection with any project funded wholly or partially, directly or indirectly by State monies, where the dollar value thereof is $25.00 or more.

Where approval is desired to bid on and, if successful, to accept and undertake contracts to be awarded by a State agency after public notice and competitive bidding or to negotiate, accept and execute contracts of the types enumerated in P.L.1954, c.48, s.5 (C.52:34-10) awarded without advertising with the approval of the State Treasurer or contracts of insurance to be entered into pursuant to P.L.1944, c.112, s.10 (C.52:27B-62), an application to, and approval by, the joint committee may be made for a period not in excess of the elective term of the member of the Legislature.

Upon the award of a contract by a State agency , or by a county or municipality, or any authority thereof, if the contract is issued in connection with any project funded wholly or partially, directly or indirectly by State monies, to a member of the Legislature, his partnership or firm or corporation described in this section he shall file with the joint committee a notice of the award, the name of the [State agency] public entity involved and the dollar amount of the contract. Any amendment or change order to any such contract involving a change in the dollar amount involved shall likewise be reported to the joint committee (C.52:13D-19).

[Within] With regard to a contract or contracts by a State agency, or by a county or municipality, or any authority thereof, if the contract is issued in connection with any project funded wholly or partially, directly or indirectly by State monies, within 15 days of receipt by the joint committee of a request by a member of the Legislature for approval to bid on or negotiate a [State agency] contract or contracts or notice of the award of a [State agency] contract or amendment of or change order to an approved [State agency] contract, the joint committee shall notify the member of its approval, disapproval or the time and place of a meeting to discuss the matter with the member. Any request so submitted to the joint committee shall be deemed to be approved after the expiration of 15 days from the receipt thereof unless the joint committee shall otherwise advise the member in writing.

3. This concurrent resolution shall take effect immediately.

STATEMENT

This concurrent resolution amends the 1982-1983 Legislative Code of Ethics set forth in 1982 Senate Concurrent Resolution No.107, adopted temporarily as the Legislative Code of Ethics for the Two Hundred and Eleventh Legislature pursuant to the New Jersey State Legislature Organizational Concurrent Resolution of January 13, 2004.

The resolution applies the current prohibition on representation, appearance or negotiation by a legislator, or by an entity in which the legislator has an interest, under certain circumstances also to the acquisition by a county or municipality, or any authority thereof, of any interest in real property by condemnation proceedings, if the acquisition is funded wholly or partially, directly or indirectly by State monies.

Currently, the Legislative Code of Ethics requires prior approval of the Joint Legislative Committee on Ethical Standards to be obtained for a member of the Legislature who, individually or through another entity which the legislator owns or controls an interest in, to bid on and to accept awards of contracts over $25 let or awarded by a State agency. The resolution provides that such prior approval, and the concomitant reports, will be required with regard to contracts over $25 by a county or municipality, or any authority thereof, if the contract is issued in connection with any project funded wholly or partially, directly or indirectly by State monies.

The concurrent resolution would take effect immediately.