SENATE, No. 2822

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED APRIL 11, 2011

 


 

Sponsored by:

Senator  JAMES BEACH

District 6 (Camden)

 

 

 

 

SYNOPSIS

     Imposes post-employment restrictions on certain ABC employees.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning post-employment restrictions and the Division of Alcoholic Beverage Control, amending and supplementing R.S.33:1-7.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  R.S.33:1-7 is amended to read as follows:

     33:1-7.  a.  No person appointed to any office, position , or employment under this chapter while holding said office, position , or employment, shall directly or indirectly, individually or as a member of a partnership or as a stockholder of a corporation or any other association have any interest whatsoever in the manufacture, sale , or distribution of alcoholic beverages, or in any enterprise or industry dealing or connected with alcoholic beverages or kindred or cognate thereto; nor shall any such person accept any gift, gratuity, or anything of value whatsoever from any licensee or applicant for a license, directly or indirectly; but it shall not be a violation of this chapter for such person to  purchase or possess for consumption and not for resale any alcoholic  beverages.

     b.    No person appointed to any office, position, or employment under this chapter shall, within the two years next subsequent to the termination of the office, position, or employment:

     (1) hold, directly or indirectly, individually or as a member of a partnership or as a stockholder of a corporation or any other association have any interest whatsoever in the manufacture, sale, or distribution of alcoholic beverages, or in any enterprise of industry dealing or connected with alcoholic beverages or kindred or cognate thereto; or

     (2) hold employment with, represent, appear for, or negotiate on behalf of any holder of, or applicant for, a license issued pursuant to this chapter; provided, however, that an employee who is terminated as a result of a reduction in the workforce, other than an employee who held a policy-making management position at any time during the five years prior to termination of employment, may, at any time prior to the end of the two-year period, accept employment with the holder of, or applicant for, a license issued pursuant to this chapter if, in the judgment of the State Ethics Commission, such employment will not create a conflict of interest, or reasonable risk of the public perception of a conflict of interest, on the part of the employee.

     c.     Any person who willfully violates the provisions of subsection b. of this section is a disorderly person and shall be subject to a fine not to exceed $1,000, or imprisonment not to exceed six months, or both.  In addition, for violations occurring after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), a person found by the State Ethics Commission to have violated any provision of this section shall be assessed a civil penalty of not less than $500 nor more than $10,000 which may be collected in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).

(cf:  R.S.33:1-7)

 

     2.    (New section) The State Ethics Commission, established pursuant to the "New Jersey Conflicts of Interest Law," P.L.1971, c.182 (C.52:13D-12 et seq.) shall enforce the provisions of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

 

     3.  This act shall take effect on the first day of the third month following enactment.

 

 

STATEMENT

 

     This bill would prohibit former employees at the Division of Alcoholic Beverage Control in the Department of Law and Public Safety from holding any interest in the manufacture, sale, or distribution of alcoholic beverages in the two years following termination of employment. 

     A former employee would also be prohibited under the bill from holding employment with, representing, appearing for, or negotiating on behalf of any holder of, or applicant for, an alcoholic beverage license during the two years following termination of employment.  The bill would exempt certain employees who did not have policy-making management positions terminated as a result of a reduction in the workforce. 

     A person who willfully violated these prohibitions would be a disorderly person and subject to a fine not to exceed $1,000, imprisonment not to exceed six months, or both.  In addition, a person found by the State Ethics Commission to have violated these prohibitions would be assessed a civil penalty of between $500 and $10,000.