ASSEMBLY STATE AND LOCAL GOVERNMENT COMMITTEE

STATEMENT TO

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 3766

STATE OF NEW JERSEY

DATED:  MAY 10, 2018

      The Assembly State and Local Government Committee reports favorably the Assembly Committee Substitute for Assembly Bill No. 3766.

      This substitute would require a person who holds or has held any public office, position, or employment to forfeit the person’s pension or retirement benefit if the person is convicted of harassment, sexual contact, lewdness, or sexual assault when the offense is related directly to the person's performance in, or circumstances flowing from, the specific public office or employment held by the person. 

      The substitute would also require such forfeiture if the person is convicted of the crime of corruption of public resources in the first degree. The crime is of the first degree when a person knowingly uses or makes disposition of a public resource valued at $500,000 or more for an unauthorized purpose, when that public resource is subject to an obligation to be used for a specified governmental function or public service.

      “Public resource” is defined in current law to mean any funds or property provided by the government, including (1) money paid by the government; (2) transfer by the government of an asset of value for less than fair market price; (3) fees, loans, or other obligations normally required for a contract, that are paid, reduced, or waived by the government; (4) money loaned by the government to be repaid on a contingent basis; (5) money loaned by an entity based upon a guarantee provided by the government; (6) grants awarded by the government; and (7) credits applied by the government against repayment obligations. 

      Under current law, a person who holds or has held any public office, position, or employment is required to forfeit all of the person’s pension or retirement benefit upon conviction of certain enumerated crimes involving or touching such office, position or employment.  This substitute would add the crimes of corruption of public resources, harassment, sexual contact, lewdness, and sexual assault to that list of crimes.