2. Members of the Legislature
2:1. a. No member of the Legislature shall undertake any employment or act in any way that impairs the objectivity or independence of judgment of the member of the Legislature in the exercise of his or her duties or is violative of the public trust by an elected official or which creates a justifiable impression among the public that such trust is being violated (C.52:13D-12 and 52:13D-23).
b. No member of the Legislature shall accept from any person, directly or indirectly, whether by himself or through his spouse or a member of his family or through any partner or business or professional associate, any gift, favor, service, employment or offer of employment or any other thing of value, which he knows or has reason to believe is made or offered to him with the intent to influence him in the performance of his duties as a member of the Senate or General Assembly; but this section shall not apply to the acceptance of contributions to his campaign by a member of the Legislature who has announced his candidacy for any elective public office and the member has no knowledge or reason to believe that the campaign contribution is offered or given with the intent to influence the member in the performance of his public duties and responsibilities (C.52:13D-14).
c. No member of the Legislature shall use, or permit the use of, his or her official title in an endorsement or advertisement that promotes a for-profit enterprise or venture.
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).
2:3. a. The provisions of section 2:2 above shall not prohibit or restrict a member of the Legislature from:
(1) Representing himself in negotiations or proceedings concerning his own interest in real property, or
(2) (a) Making an inquiry for information on behalf of a constituent, which may include ascertaining the status of a matter, identifying the statutes or regulations involved in a matter or inquiring how to expedite a matter; (b) assisting the constituent in bringing the merits of the constituent's position to the attention of a State agency; or (c) making a recommendation on a matter or indicating support for the constituent's position to a State agency; if no fee, reward, employment, offer of employment, or other thing of value is promised to, given to or accepted by the member, whether directly or indirectly, and the member does not endeavor to use his official position to improperly influence any determination. As used in this paragraph, "constituent" shall mean any State resident or other person seeking legislative assistance. Nothing contained herein shall authorize contact with State agencies by members of the Legislature which is otherwise prohibited by the criminal law, by the "New Jersey Conflicts of Interest Law," P.L.1971, c.182 (C.52:13D-12 et seq.), or this code and nothing contained herein shall authorize contact with an administrative law judge or agency head during the hearing of a contested case.
b. The provisions of section 2:2 above shall not prohibit or restrict a partnership or firm with which a member of the Legislature is associated or a corporation in which he owns or controls an interest from appearing before a State agency in any cause, proceeding or other matter on its own behalf (C.52:13D-16).
2:4. A member of the Legislature is authorized to represent, appear for or negotiate on behalf of, or agree so to do, any person other than the State in any proceeding before:
a. Any court of record;
b. The Division of Workers' Compensation;
c. The Division of Taxation in connection with the determination or review of transfer inheritance or estate taxes;
d. The Department of State in connection with the filing of corporate or other documents;
e. The Division on Civil Rights;
f. The New Jersey Board of Mediation;
g. The New Jersey Public Employment Relations Commission;
h. The Unsatisfied Claim and Judgment Fund Board, solely for the purpose of filing a protective notice of intention pursuant to P.L.1952, c.174, s.5 (C.39:6-65);
i. A State agency, other than the Legislature or any agency thereof, on behalf of a county, municipality or school district, or any authority, agency or commission of any thereof, except where the State is an adverse party in the cause, action or proceeding. The State shall not be considered an "adverse party" in a cause, action or proceeding where joinder of the State or a State agency as a party is required by law or order to protect possible incidental interests of the State (C.52:13D-16).
2:5. a. No member of the Legislature 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 or more, made, entered into, awarded or granted by any 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 P.L.1954, c.48 (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 or bids, or (b) any contract of insurance entered into by the Director of the Division of Purchase and Property pursuant to section 10 of P.L.1944, c.112 (C.52:27B-62), if the purchases, contracts or agreements, including change orders and amendments thereto, shall receive prior approval of the Joint Legislative Committee on Ethical Standards.
Upon the award of a contract by a State agency 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 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. The joint committee shall post the notice and a brief description of the contract on the Internet site of the Legislature.
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 (C.52:13D-19).
2:6. A member of the Legislature shall not act as an agent of the Legislature, either House thereof or agency in the legislative branch in connection with the transaction of any business with himself or with a corporation, company, association or firm in which he owns or controls an interest in its profits (C.52:13D-20).
2:7. Any member of the Legislature who engages in the conduct or practice of, or is employed in, a particular business, profession, trade or occupation which is subject to licensing or regulation by a particular State agency shall file a notice that he is the holder of a particular license or is engaged or employed in such activity with the Joint Legislative Committee on Ethical Standards within 60 days of the adoption of this code and, thereafter, within 10 days of such holding, engagement, employment, or service. Renewal of licenses need not be reported (C.52:13D-23(e)(2)).
2:8. a. No member of the Legislature, nor any member of his immediate family, nor any partnership, firm or corporation with which he is associated in any capacity, shall appear or practice in any capacity representing any person, firm, corporation or association before the Casino Control Commission or the Division of Gaming Enforcement.
b. No member of the Legislature, nor any member of his immediate family, nor any partnership, firm or corporation with which he is associated as an officer, director, employee or holder of an interest or less than an interest, as defined in section 1:1 of this code, shall represent, appear for, or negotiate on behalf of, the holder of, or applicant for, a casino license, or any holding or intermediary company with respect thereto, as the same are defined in the Casino Control Act.
c. No member of the Legislature, or any firm with which he is associated as an officer, director or holder of an interest, as defined in section 1:1 of this code, shall represent, appear for, or negotiate on behalf of, any person, firm, corporation or association with respect to any transaction between such person, firm, corporation or association and the holder of, or applicant for, a casino license, or any holding or intermediary company with respect thereto, as the same are defined in the Casino Control Act. A member of the Legislature who is an employee of, or who is the holder of less than an interest, as defined in section 1:1 of this code, in, any firm which represents, appears for, or negotiates on behalf of, any person, firm, corporation, or association with respect to any transaction between such person, firm, corporation or association and the holder of, or applicant for, a casino license, or any holding or intermediary company with respect thereto, as the same are defined in the Casino Control Act, shall, within 60 days of the adoption of this code and, thereafter, within 10 days of such representation, appearance, or negotiation, file a statement with the Joint Legislative Committee on Ethical Standards so indicating. If such statement is properly and timely filed, such employment or holding shall not, in and of itself and without more, be considered a "personal interest" for purposes of section 2:9 of this code, although the filing of such statement shall not relieve a member of the Legislature who shall have a personal interest in any legislation from complying with the requirements of section 2:9.
d. No member of the Legislature, nor any member of his immediate family, nor any partnership, firm or corporation with which he is associated as an officer, director, or holder of an interest, as defined in section 1:1 of this code, shall be an officer, director, employee, or holder of an interest, as defined in section 1:1 of this code, in any firm, corporation, or association, or holding or intermediary company with respect thereto, as the same are defined in the Casino Control Act, which is the holder of, or an applicant for, a casino license, except that a member of the immediate family of a member of the Legislature may hold employment with the holder of, or applicant for, a casino license if, in the judgment of the Joint Legislative Committee on Ethical Standards, such employment will not interfere with the responsibilities of the member of the Legislature, and will not create a conflict of interest, or reasonable risk of the public perception of a conflict of interest, on the part of the member of the Legislature. A member of the Legislature who is the holder of less than an interest, as defined in section 1:1 of this code, in any firm, corporation, or association, or any holding or intermediary company with respect thereto, which is the holder of, or an applicant for, a casino license; or who is associated as an officer or director with any firm which is the holder of less than an interest, as defined in section 1:1 of this code, in any firm, corporation, or association, or any holding or intermediary company with respect thereto, which is the holder of, or an applicant for, a casino license; or who is an employee of any firm which is the holder of an interest or less than an interest, as defined in section 1:1 of this code, in any firm, corporation, or association, or holding or intermediary company with respect thereto, which is the holder of, or an applicant for a casino license; or who is the holder of less than an interest, as defined in section 1:1 of this code, in any firm which is the holder of an interest or less than an interest in any firm, corporation, or association, or any holding or intermediary company with respect thereto, which is the holder of, or an applicant for, a casino license; or who is the holder of an interest or less than an interest, as defined in section 1:1 of this code, in any firm which is the holder of less than an interest, as defined in section 1:1 of this code, in any firm, corporation, or association, or any holding or intermediary company with respect thereto, which is the holder of, or an applicant for, a casino license, shall, within 60 days of the adoption of this code and, thereafter, within 10 days of such association, such employment or the acquisition of such holding or the knowledge by the legislator of the acquisition of such holding, file with the Joint Legislative Committee on Ethical Standards a statement so indicating and, in the case of a holding, listing the nature and extent of such holding and date of acquisition thereof. If such statement is properly and timely filed, such association, employment, or holding shall not, in and of itself and without more, be considered a "personal interest" for purposes of section 2:9 of this code, although the filing of such statement shall not relieve a member of the Legislature who shall have a personal interest in any legislation from complying with the requirements of section 2:9.
e. No member of the Legislature, nor any member of his immediate family, nor any partnership, firm or corporation with which he is associated as an officer, director, or holder of an interest, as defined in section 1:1 of this code, shall be an officer, director, or holder of an interest, as defined in section 1:1 of this code, in any firm, corporation, or association, or holding or intermediary company with respect thereto, as the same are defined in the Casino Control Act, which is the holder of, or an applicant for, a casino service industry license or which is doing or seeking to do business, other than provision of goods and services as a licensed public utility or as a patron or on a casual basis, with a casino licensee or its affiliated hotel. A member of the Legislature who is an employee of, or who is the holder of less than an interest, as defined in section 1:1 of this code, in, such a firm, corporation, or association, or holding or intermediary company with respect thereto; or who is associated as an officer or director with any firm which is the holder of less than an interest, as defined in section 1:1 of this code, in such a firm, corporation, or association, or holding or intermediary company with respect thereto; or who is an employee of any firm which is the holder of an interest or less than an interest, as defined in section 1:1 of this code, in such a firm, corporation, or association, or holding or intermediary company with respect thereto; or who is the holder of an interest or less than an interest, as defined in section 1:1 of this code, in a firm which is the holder of less than an interest in such a firm, corporation, or association, or holding or intermediary company with respect thereto; or who is the holder of less than an interest, as defined in section 1:1 of this code, in a firm which is the holder of an interest or less than an interest, as defined in section 1:1 of this code, in such a firm, corporation or association, or holding or intermediary company with respect thereto, shall, within 60 days of the adoption of this code and, thereafter, within 10 days of such association, such employment or the acquisition of such holding or the knowledge by the legislator of the acquisition of such holding, file with the Joint Legislative Committee on Ethical Standards a statement so indicating and, in the case of a holding, listing the nature and extent of such holding and the date of acquisition thereof. Notwithstanding the foregoing, no such statement shall be required with respect to the ownership or control of a holding in a publicly traded corporation which is the holder of, or applicant for, a casino service industry license, or any holding or intermediary company with respect thereto; or which is doing or seeking to do business, other than provision of goods and services as a licensed public utility or as a patron or on a casual basis, with a casino licensee or its affiliated hotel; or which is the holding or intermediary company of any firm, corporation, or association which is doing or seeking to do such business. If such statement is properly and timely filed, such association, employment, or holding shall not, in and of itself and without more, be considered a "personal interest" for purposes of section 2:9 of this code, although the filing of such statement shall not relieve a member of the Legislature who shall have a personal interest in any legislation from complying with the requirements of section 2:9. For the purposes of this subsection and subsection g., business "on a casual basis" shall include, but not be limited to, business conducted with a casino licensee or its affiliated hotel by a firm, corporation, or association with which the licensee has or would have no separate or individual contract or agreement which is required to be approved by the Casino Control Commission pursuant to subsection b. of section 104 of the Casino Control Act (P.L.1977, c.110; C.5:12-104b.).
f. A member of the Legislature who is an officer, director, employee, or holder of an interest or less than an interest, as defined in section 1:1 of this code, in any firm, corporation, or association, or holding or intermediary company with respect thereto, which is doing or seeking to do business on a casual basis with a casino licensee or its affiliated hotel shall, within 60 days of the adoption of this code and, thereafter, within 10 days of becoming such an officer, director, employee, or holder of an interest or less than an interest, as defined in section 1:1 of this code, file with the Joint Legislative Committee on Ethical Standards a statement so indicating and, in the case of a holding, listing the nature and extent of such holding and the date of acquisition thereof. Notwithstanding the foregoing, no such statement shall be required with respect to the ownership or control of a holding in a publicly traded corporation which is doing or seeking to do business on a casual basis with a casino licensee or its affiliated hotel, or which is the holding or intermediary company of any such firm, corporation, or association. If such statement is properly and timely filed, such association as an officer, director, employee, or holder of an interest or less than an interest, as defined in section 1:1 of this code, shall not, in and of itself and without more, be considered a "personal interest" for purposes of section 2:9 of this code, although the filing of such statement shall not relieve a member of the Legislature who shall have a personal interest in any legislation from complying with the requirements of section 2:9. For the purposes of this subsection, "business on a casual basis" shall mean business conducted with a casino licensee or its affiliated hotel by a firm, corporation, or association with which the licensee has or would have no separate or individual contract or agreement which is required to be approved by the Casino Control Commission pursuant to subsection b. of section 104 of the Casino Control Act (P.L.1977, c.110; C.5:12-104b.), but shall not mean the provision of goods and services as a licensed public utility.
g. If a member of the immediate family of a member of the Legislature is the holder of an interest or less than an interest, as defined in section 1:1 of this code, in any firm, corporation, or association, or holding or intermediary company with respect thereto, which is the holder of, or an applicant for, a casino license or a casino service industry license, or which is doing or seeking to do business, other than provision of goods and services as a licensed public utility or as a patron or on a casual basis, with a casino licensee or its affiliated hotel, the family member shall, within 60 days of the adoption of this code and, thereafter, within 10 days of the knowledge by the legislator of the acquisition of such holding by the family member, file with the Joint Legislative Committee on Ethical Standards, a statement listing the nature and extent of such holding, the holder thereof and the date of acquisition thereof. Notwithstanding the foregoing, no such statement shall be required with respect to the ownership or control of a holding in a publicly traded corporation which is the holder of, or applicant for, a casino service industry license, or any holding or intermediary company with respect thereto; or which is doing or seeking to do business, other than provision of goods and services as a licensed public utility or as a patron or on a casual basis, with a casino licensee or its affiliated hotel; or which is the holding or intermediary company of any firm, corporation, or association which is doing or seeking to do such business. If such statement is properly and timely filed, such holding shall not, in and of itself and without more, be considered a "personal interest" for purposes of section 2:9 of this code, although the filing of such statement shall not relieve a member of the Legislature who shall have a personal interest in any legislation from complying with the requirements of section 2:9.
h. A member of the Legislature who has or enters into any financial relationship, whether as debtor, creditor, mortgagor, mortgagee, or otherwise, with a holder of or applicant for a casino license or with a holding or intermediary company with respect thereto, or a member of his immediate family who has or enters into any such relationship, shall, within 60 days of the adoption of this code and, thereafter, within 10 days of entering into such a relationship or of the knowledge by the legislator of such a relationship, file with the Joint Legislative Committee on Ethical Standards, a statement listing the nature of the relationship, the parties thereto and the terms thereof.
i. A member of the Legislature who owns or holds an interest in any land or building in any city in which casino gambling is authorized, or a member of his immediate family who owns or holds an interest in any land or building in any city in which casino gambling is authorized shall, within 60 days of the adoption of this code and, thereafter, within 10 days of the acquisition of such ownership or holding, file with the Joint Legislative Committee on Ethical Standards, a statement listing such ownership or control.
j. No member of the Legislature shall accept any complimentary service, discount, or credit from any casino applicant or licensee which he knows or has reason to know is other than such service, discount, or credit that is offered to the general public (C.52:13D-17.2).
2:9. No member of the Legislature shall participate by voting or any other action on the floor of either House, in committee or elsewhere, in the enactment or defeat of legislation in which he has a personal interest.
The Joint Legislative Committee on Ethical Standards is authorized to investigate the circumstances giving rise to a question of personal interest and upon a finding, after a hearing thereon, that the member's participation with respect to the enactment or defeat of the legislation would constitute a violation of the public trust or create an impression among the public of a violation of the public trust, the joint committee shall direct the member to withdraw his sponsorship of, or participation in, the enactment or defeat of the legislation.
For the purpose of this section a "personal interest" means the member of the Legislature, or a member of his immediate family, believes or has reason to believe he will derive a direct monetary gain or suffer a direct monetary loss by the enactment or defeat of the legislation; a "personal interest" does not mean that by enactment or defeat of the legislation no benefit or detriment could be expected to accrue to him, or to a member of his immediate family, as a member of a business, profession, occupation or group, to any greater extent than any such benefit or detriment could be expected to accrue to any other member of such business, profession, occupation or group (C.52:13D-18).
2:10. a. No member of the Legislature shall solicit, receive or agree to receive, whether directly or indirectly, any compensation, reward, employment, gift, honorarium, out-of-State travel or subsistence expense or other thing of value from any source other than the State of New Jersey, for any service, advice, assistance, appearance, speech or other matter related to the member's official duties, except as authorized in this section.
b. A member of the Legislature may, in connection with any service, advice, assistance, appearance, speech or other matter related to the member's official duties, solicit, receive or agree to receive, whether directly or indirectly, from sources other than the State, the following:
(1) reasonable fees for published books on matters within the member's official duties;
(2) reimbursement or payment of actual and reasonable expenditures for travel or subsistence and allowable entertainment expenses associated with attending an event in New Jersey if expenditures for travel or subsistence and entertainment expenses are not paid for by the State of New Jersey;
(3) reimbursement or payment of actual and reasonable expenditures for travel or subsistence outside New Jersey, not to exceed $500 per trip, if expenditures for travel or subsistence and entertainment expenses are not paid for by the State of New Jersey. The $500 per trip limitation shall not apply if the reimbursement or payment is made by (a) a nonprofit organization of which the member is, at the time of reimbursement or payment, an active member as a result of the payment of a fee or charge for membership to the organization by the State or the Legislature; (b) a nonprofit organization that does not contract with the State to provide goods, materials, equipment, or services; or (c), as of March 15, 2006, any agency of the federal government, any agency of another state or of two or more states, or any political subdivision of another state.
Members of the Legislature shall obtain the approval of the presiding officer of the member's House before accepting any reimbursement or payment of expenditures for travel or subsistence outside New Jersey.
As used in this subsection, "reasonable expenditures for travel or subsistence" means commercial travel rates directly to and from an event and food and lodging expenses which are moderate and neither elaborate nor excessive; and "allowable entertainment expenses" means the costs for a guest speaker, incidental music and other ancillary entertainment at any meal at an event, provided they are moderate and not elaborate or excessive, but does not include the costs of personal recreation, such as being a spectator at or engaging in a sporting or athletic activity which may occur as part of that event.
c. This section shall not apply to the solicitation or acceptance of contributions to the campaign of an announced candidate for elective public office, except that campaign contributions may not be accepted if they are known to be given in lieu of a payment prohibited pursuant to this section (C.52:13D-24).
2:10.1. a. Except as expressly authorized in section 2:10 or when the lobbyist or governmental affairs agent is a member of the immediate family of the member of the Legislature, no member of the Legislature may accept, directly or indirectly, any compensation, reward, employment, gift, honorarium or other thing of value from each lobbyist or governmental affairs agent, as defined in the "Legislative and Governmental Process Activities Disclosure Act," P.L.1971, c.183 (C.52:13C-18 et seq.), totaling more than $250.00 in a calendar year. The $250.00 limit on acceptance of compensation, reward, gift, honorarium or other thing of value shall also apply to each member of the immediate family of a member of the Legislature, as defined in section 2 of P.L.1971, c.182 (C.52:13D-13) to be a spouse, child, parent, or sibling of the member residing in the same household as the member of the Legislature.
b. The prohibition in subsection a. of this section on accepting any compensation, reward, gift, honorarium or other thing of value shall not apply if received in the course of employment, by an employer other than the State, of a member of the Legislature or a member of the immediate family of a member of the Legislature. The prohibition in subsection a. of this section on accepting any compensation, reward, gift, honorarium or other thing of value shall not apply if acceptance is from a member of the immediate family when the family member received such in the course of his or her employment.
c. Subsection a. of this section shall not apply if the member of the Legislature who accepted any compensation, reward, gift, honorarium or other thing of value provided by a lobbyist or governmental affairs agent makes a full reimbursement, within 90 days of acceptance, to the lobbyist or governmental affairs agent in an amount equal to the money accepted or the fair market value of that which was accepted if other than money. As used in this subsection, "fair market value" means the actual cost of the compensation, reward, gift, honorarium or other thing of value accepted (C.52:13D-24.1).
2:11. No member of the Legislature shall willfully disclose to any person, whether or not for pecuniary gain, any information not generally available to members of the public which he receives or acquires in the course of and by reason of his official duties. No member of the Legislature shall use for the purpose of pecuniary gain, whether directly or indirectly, any information not generally available to members of the public which he receives or acquires in the course of and by reason of his official duties (C.52:13D-25).
2:12. If any person shall attempt to induce a member of the Legislature to violate any provision of the New Jersey Conflicts of Interest Law or this code, the member shall report the matter to the Attorney General in writing no later than 72 hours after the attempt and shall advise concurrently in writing the Joint Legislative Committee on Ethical Standards that he has made such a report to the Attorney General (C.52:13D-26).
2:13. Any member of the Legislature or the Ethics Counsel may request and obtain a formal advisory opinion of the Joint Legislative Committee on Ethical Standards as to whether or not the amount of a fee for a published work is reasonable or that any proposed activity or conduct would in its opinion constitute a violation of the provisions of the New Jersey Conflicts of Interest Law or this code. Formal advisory opinions shall be made public within 30 days of issuance, unless a majority of the members of the joint committee shall determine that a formal advisory opinion shall remain confidential or that a formal advisory opinion shall be made public but the member’s name shall not be disclosed. Any member requesting a formal advisory opinion may request that the adjudication process and the opinion be made public. Advisory opinions of the joint committee issued prior to the effective date of P.L.2007, c.203 shall not be made public, except when the joint committee by the vote of three-fourths of all of its members directs that the same be made public or upon the request of the member seeking the advisory opinion. Public advisory opinions shall not disclose the name of any member of the Legislature unless the joint committee in directing that the same be made public so directs. All formal advisory and advisory opinions shall remain on file for 10 years from the date of issuance, unless an opinion is rescinded (C.52:13D-22 (g) and 52:13D-24).
2:13.1. The Ethics Counsel appointed by the Executive Director of the Office of Legislative Services, pursuant to subsection (d) of section 11 of P.L.1971, c.182 (C.52:13D-22), shall provide informal ethics advice to individual members of the Legislature upon request, when the request is one fully answered by the New Jersey Conflicts of Interest Law or the Legislative Code of Ethics or is on a subject previously determined by the Joint Committee. Informal ethics advice from the Ethics Counsel to a member of the Legislature shall be confidential and subject to the attorney-client privilege. The Ethics Counsel may also assist members of the Legislature in requesting formal advisory opinions from the joint committee on novel subject matters.
Each member of the Legislature shall consult with the Ethics Counsel each year regarding the requirements of the New Jersey Conflicts of Interest Law and the Legislative Code of Ethics and any other applicable law, rule or standard of conduct relating to the area of ethics. The assistance of the Ethics Counsel to members of the Legislature is subject to the attorney-client privilege. This assistance is intended as a service to the members of the Legislature and may not be deemed to diminish a member's personal responsibility for adherence to applicable laws, code provisions, rules and other standards of conduct. No privileged information provided to the Ethics Counsel by members of the Legislature shall be used or admitted into evidence in any proceeding against them; but this shall not prohibit proceedings against them from evidence independently derived.
The Legislature shall provide an online tutorial on legislative ethics for its members. Each member of the Legislature shall take the tutorial no later than April 1 of every even-numbered year. Each member of the Legislature shall also participate in annual ethics training (C.52:13D-22; C.52:13D-28).
2:14. a. No later than May 15 of each year, each member of the Senate and General Assembly shall file with the Joint Legislative Committee on Ethical Standards or any successor thereto a financial disclosure statement, on a form to be prescribed by the Joint Legislative Committee on Ethical Standards or its successor, with respect to the member's, the member's spouse's and minor children's sources of income, received from sources other than the State Legislature, and liabilities, amounts thereof, and interests, during the preceding calendar year. The filing may be in electronic form, including signature. Each member of the Legislature shall have a continuing obligation to report any termination or assumption of public employment by the member or the member’s spouse within 30 days, which report shall be an addendum to the disclosure statement.
As part of the disclosure statement, the member shall certify that the member is a resident of the legislative district for which they were elected to serve in the Legislature.
The Joint Legislative Committee on Ethical Standards shall prescribe the information necessary to identification of sources. When an amount is required to be reported, it shall be sufficient to comply with the requirement to disclose whether the amount is less than $10,000, at least $10,000 but less than $25,000, at least $25,000 but less than $50,000, or $50,000 or more. The statement shall include an enumeration of:
(1) Each of the following categories of earned income: salaries, bonuses, royalties, fees, commissions and profit sharing paid to the member, the member's spouse or the member's minor child as an officer, employee, partner or consultant of a named corporation, professional association, partnership or sole proprietorship;
(2) Each of the following categories of unearned income: rents, dividends and other income received by the member, the member's spouse or minor child from named investments, trusts and estates;
(3) Fees and honorariums for personal appearances, speeches or writings received by the member or the member's spouse from named payers;
(4) Reimbursements or prepaid expenses for travel, subsistence or facilities provided in kind received by the member, the member's spouse or minor child from named payers or providers other than the State, indicating whether the payer or provider is a profit, nonprofit or governmental entity;
(5) Gifts from named donors connected to the legislative process received by the member, the member's spouse or minor child;
(6) The amounts of all personal liabilities of the member and the member's spouse, except liabilities which are (a) less than $15,000 and owed to a relative; (b) less than $3,000 and owed to any other person; (c) loans secured by a personal motor vehicle, or household furniture or appliances; and (d) revolving charge accounts. As used in this subsection, "relative" means a son, daughter, grandson, granddaughter, father, mother, grandfather, grandmother, great-grandfather, great-grandmother, brother, sister, nephew, niece, uncle or aunt. Relatives by adoption, half-blood, marriage or remarriage shall be treated as relatives of the whole kinship;
(7) The amounts of all personal liabilities otherwise subject to disclosure, pursuant to paragraph (6) of this section, of the member and the member's spouse, that have been forgiven by the creditor within 12 months prior to the statement date. For each forgiven liability, the name of the creditor to whom such a liability was owed shall be stated;
(8) The name and address of all business organizations in which the member or the member's spouse held an "interest" as defined in section 2 of P.L.1971, c.182 (C.52:13D-13);
(9) Any offices, trusteeships, directorships, or positions of any nature, whether compensated or uncompensated, held by the member or the member's spouse, with any firm, corporation, association, partnership or business;
(10) The address and a brief description, including the county and municipality where located, of all real property in which the member, the member's spouse or a minor child held an interest, excluding the address, description, county, or municipality of the principal or secondary residence of the member, the spouse, or the minor child; and
(11) The address and a brief description, including the county and municipality where located, of all real property from which the member, the member’s spouse, or a minor child derived income, including any such property where the member, spouse, or minor child resided for any period of time during the preceding calendar year.
b. The failure of a member of the Legislature to file a statement as required by this section shall be reported to the President of the Senate or Speaker of the General Assembly.
c. The Joint Legislative Committee on Ethical Standards or its successor after review of statements filed pursuant to this section may by advisory opinion determine that in its opinion a particular category of income, reimbursements, gifts, real estate holdings or business interests gives rise to an appearance of conflict with the member's service as a member of the Legislature.
d. Advisory opinions issued pursuant to subsection c. shall be public records and shall remain on file for 10 years from the date of issuance.
3. Officers and Employees in the Legislative Branch
3:1. No State officer or employee or special State officer or employee shall accept from any person, directly or indirectly, whether by himself or through his spouse or a member of his family or through any partner or business or professional associate, any gift, favor, service, employment or offer of employment or any other thing of value, which he knows or has reason to believe is made or offered to him with the intent to influence him in the performance of his duties as a State officer or employee or special State officer or employee.
This section shall not apply to the acceptance of contributions to the campaign of an announced candidate for any elective public office by a special State officer or employee (C.52:13D-14).
3:2. Except as hereinafter provided in sections 3:4 and 3:5 no State officer or employee 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).
3:3. No special State officer or employee 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 any cause, proceeding, application or other matter pending before the Legislature or either House thereof or an agency, commission or committee in the legislative branch (C.52:13D-16a.).
3:4. a. The provisions of section 3:2 above shall not prohibit or restrict a State officer or employee from representing himself in negotiations or proceedings concerning his own interest in real property, or prohibit or restrict a partnership or firm with which a State officer or employee is associated or a corporation in which he owns or controls an interest from appearing before a State agency in any cause, proceeding or other matter on its own behalf.
b. The provisions of section 3:2 shall not prohibit or restrict an officer or employee acting on the behalf of a member of the Legislature from (1) making an inquiry for information on behalf of a constituent, which may include ascertaining the status of a matter, identifying the statutes or regulations involved in a matter or inquiring how to expedite a matter; (2) assisting a constituent in bringing the merits of the constituent's position to the attention of a State agency; or (3) making a recommendation on a matter or indicating support for a constituent's position to a State agency; if no fee, reward, employment, offer of employment, or other thing of value is promised to, given to or accepted by the officer or employee therefor, whether directly or indirectly, and the officer or employee does not endeavor to use his official position to improperly influence any determination. As used in this subsection, "constituent" shall mean any State resident or other person seeking legislative assistance. Nothing contained herein shall authorize contact with State agencies by officers or employees which is otherwise prohibited by the criminal law, by the "New Jersey Conflicts of Interest Law," P.L.1971, c.182 (C.52:13D-12 et seq.) or this code and nothing contained herein shall authorize contact with an administrative law judge or agency head during the hearing of a contested case. (C.52:13D-16).
3:5. A State officer or employee whose conditions of employment permit him to engage in private law practice is authorized to represent, appear for or negotiate on behalf of, or agree so to do, any person other than the State in any action, cause, proceeding or application before:
a. Any court of record, except where the State or a State agency is an adverse party;
b. The Division of Workers' Compensation, except in connection with a claim by a State employee;
c. The Division of Taxation in connection with the determination or review of transfer inheritance or estate taxes;
d. The Department of State in connection with the filing of corporate or other documents;
e. The Unsatisfied Claim and Judgment Fund Board, solely for the purpose of filing a protective notice of intention (C.52:13D-16).
3:6. No State officer or employee or special State officer or employee, subsequent to the termination of his office or employment in any State agency, shall represent, appear for, negotiate on behalf of, or provide information not generally available to members of the public or services to, or agree to represent, appear for, negotiate on behalf of, or provide information not generally available to members of the public or services to, whether by himself or through any partnership, firm or corporation in which he has an interest or through any partner, officer or employee thereof, any person or party other than the State in connection with any cause, proceeding, application or other matter with respect to which such State officer or employee or special State officer or employee shall have made any investigation, rendered any ruling, given any opinion, or been otherwise substantially and directly involved at any time during the course of his office or employment (C.52:13D-17).
3:7. a. No 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 or more, made, entered into, awarded or granted by any State agency, except as provided in subsection b. of this section. 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 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 P.L.1954, c.48 (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 or bids, or (b) any contract of insurance entered into by the Director of the Division of Purchase and Property pursuant to section 10 of P.L.1944, c.112 (C.52:27B-62), if the purchases, contracts or agreements, including change orders and amendments thereto, shall receive prior approval of the Joint Legislative Committee on Ethical Standards.
Upon the award of a contract by a State agency to a State officer or employee or special State officer or employee, 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 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). The joint committee shall post the notice and a brief description of the contract on the Internet site of the Legislature.
3:7.1. Notwithstanding the provisions of P.L.1971, c.182 (C.52:13D-12 et seq.) and this code of ethics, a State officer or employee or a special State officer or employee or his partners or any corporation or firm in which he owns or controls more than 1% of the stock, assets or profits may enter into a contract or agreement with a State agency where the contract or agreement is for the development of scientific or technological discoveries or innovations in which the State agency has a property right, if the State agency has a procedure in its code of ethics for authorizing these contracts or agreements which minimizes actual conflicts of interest and the code of ethics was approved in accordance with section 12 of P.L.1971, c.182 (C.52:13D-23) and the contract or agreement complies with that code procedure (C.52:13D-19.1).
3:7.2. Notwithstanding the provisions of P.L.1971, c.182 (C.52:13D-12 et seq.) and this code of ethics, a State officer or employee or a special State officer or employee or his partners or any corporation or firm in which he owns or controls more than 1% of the stock, assets or profits may enter into a rental agreement with a State agency which operates a facility which rents space or provides services to assist small businesses which employ 50 people or less, pursuant to the same terms and conditions as those offered to members of the public generally (C.52:13D-19.2).
3:8. A State officer or employee or special State officer or employee shall not act as an agent of the Legislature, either House thereof or agency in the legislative branch in connection with the transaction of any business with himself or with a corporation, company, association or firm in which he owns or controls an interest (C.52:13D-20).
3:9. Any State officer or employee or special State officer or employee whose conditions of employment so permit and who engages in the conduct or practice of a particular business, profession, trade or occupation which is subject to licensing or regulation by a particular State agency shall file a notice that he is the holder of a particular license or is engaged in such activity with the Joint Legislative Committee on Ethical Standards. A State officer or employee or special State officer or employee whose conditions of employment authorize him to engage in private law practice shall so report to the joint committee. Renewal of licenses need not be reported (C.52:13D-23(e)(2)).
3:10. a. As used in this section "person" means any State officer or employee with responsibility for matters affecting casino activity, any special State officer or employee with responsibility for matters affecting casino activity or any full-time professional employee of the Legislature.
b. No State officer or employee, nor any person, nor any member of the immediate family of any State officer or employee, or person, nor any partnership, firm or corporation with which any such State officer or employee or person is associated or in which he has an interest, nor any partner, officer, director or employee while he is associated with such partnership, firm, or corporation, shall hold, directly or indirectly, an interest in, or hold employment with, or represent, appear for, or negotiate on behalf of, any holder of, or applicant for, a casino license, or any holding or intermediary company with respect thereto, in connection with any cause, application, or matter, except that (1) a State officer or employee other than a State officer or employee included in the definition of person, and (2) a member of the immediate family of a State officer or employee, or of a person, may hold employment with the holder of, or applicant for, a casino license if, in the judgment of the Joint Legislative Committee on Ethical Standards, such employment will not interfere with the responsibilities of the State officer or employee, or person, and will not create a conflict of interest, or reasonable risk of the public perception of a conflict of interest, on the part of the State officer or employee, or person. No special State officer or employee without responsibility for matters affecting casino activity, shall hold, directly or indirectly, an interest in, or represent, appear for, or negotiate on behalf of, any holder of, or applicant for, a casino license, or any holding or intermediary company with respect thereto, in connection with any cause, application, or matter. However, a special State officer or employee without responsibility for matters affecting casino activity may hold employment directly with any holder of or applicant for a casino license or any holding or intermediary company thereof and if so employed may hold, directly or indirectly, an interest in, or represent, appear for, or negotiate on behalf of, his employer, except as otherwise prohibited by law (C.52:13D-17.2).
3:11. a. No State officer or employee or special State officer or employee shall solicit, receive or agree to receive, whether directly or indirectly, any compensation, reward, employment, gift, honorarium, out-of-State travel or subsistence expense or other thing of value from any source other than the State of New Jersey, for any service, advice, assistance, appearance, speech or other matter related to the officer or employee's official duties, except as authorized in this section.
b. A State officer or employee or special State officer or employee may, in connection with any service, advice, assistance, appearance, speech or other matter related to the officer or employee's official duties, solicit, receive or agree to receive, whether directly or indirectly, from sources other than the State, the following:
(1) reasonable fees for published books on matters within the officer or employee's official duties;
(2) reimbursement or payment of actual and reasonable expenditures for travel or subsistence and allowable entertainment expenses associated with attending an event in New Jersey if expenditures for travel or subsistence and entertainment expenses are not paid for by the State of New Jersey;
(3) reimbursement or payment of actual and reasonable expenditures for travel or subsistence outside New Jersey, not to exceed $500 per trip, if expenditures for travel or subsistence and entertainment expenses are not paid for by the State of New Jersey. The $500 per trip limitation shall not apply if the reimbursement or payment is made by (a) a nonprofit organization of which the officer or employee is, at the time of reimbursement or payment, an active member as a result of the payment of a fee or charge for membership to the organization by the State or the Legislature; (b) a nonprofit organization that does not contract with the State to provide goods, materials, equipment, or services; or (c), as of March 15, 2006, any agency of the federal government, any agency of another state or of two or more states, or any political subdivision of another state.
As used in this subsection, "reasonable expenditures for travel or subsistence" means commercial travel rates directly to and from an event and food and lodging expenses which are moderate and neither elaborate nor excessive; and "allowable entertainment expenses" means the costs for a guest speaker, incidental music and other ancillary entertainment at any meal at an event, provided they are moderate and not elaborate or excessive, but does not include the costs of personal recreation, such as being a spectator at or engaging in a sporting or athletic activity which may occur as part of that event (C.52:13D-24).
3:11.1. a. Except as expressly authorized in section 3:11 or when the lobbyist or governmental affairs agent is a member of the immediate family, no State officer or employee or special State officer or employee may accept, directly or indirectly, any compensation, reward, employment, gift, honorarium or other thing of value from each lobbyist or governmental affairs agent, as defined in the "Legislative Activities Disclosure Act of 1971," P.L.1971, c.183 (C.52:13C-18 et seq.), totaling more than $250.00 in a calendar year.
b. The prohibition in subsection a. of this section on accepting any compensation, reward, gift, honorarium or other thing of value shall not apply if received in the course of employment, by an employer other than the State.
c. Subsection a. of this section shall not apply if the State officer or employee or special State officer or employee who accepted any compensation, reward, gift, honorarium or other thing of value provided by a lobbyist or governmental affairs agent makes a full reimbursement, within 90 days of acceptance, to the lobbyist or governmental affairs agent in an amount equal to the money accepted or the fair market value of that which was accepted if other than money. As used in this subsection, "fair market value" means the actual cost of the compensation, reward, gift, honorarium or other thing of value accepted (C.52:13D-24.1).
3:12. No State officer or employee or special State officer or employee shall accept any complimentary service, discount, or credit from any casino applicant or licensee which he knows or has reason to know is other than such service, discount, or credit that is offered to the general public in like circumstance (C.52:13D-17.2).
3:13. No State officer or employee or special State officer or employee shall willfully disclose to any person, whether or not for pecuniary gain, any information not generally available to members of the public which he receives or acquires in the course of and by reason of his official duties. No State officer or employee or special State officer or employee shall use for the purpose of pecuniary gain, whether directly or indirectly, any information not generally available to members of the public which he receives or acquires in the course of and by reason of his official duties (C.52:13D-25).
3:14. If any person shall attempt to induce a State officer or employee or special State officer or employee to violate any provision of the New Jersey Conflicts of Interest Law or this code, the officer or employee shall report the matter to the Attorney General in writing no later than 72 hours after the attempt and shall advise concurrently in writing the Joint Legislative Committee on Ethical Standards that he has made such a report to the Attorney General (C.52:13D-26).
3:15. Any State officer or employee or special State officer or employee or the Ethics Counsel may request and obtain a formal advisory opinion of the Joint Legislative Committee on Ethical Standards as to whether or not the amount of any fee for a published work is reasonable or any proposed activity or conduct would in its opinion constitute a violation of the provisions of the New Jersey Conflicts of Interest Law or this code. Formal advisory opinions shall be made public within 30 days of issuance, unless a majority of the members of the joint committee shall determine that a formal advisory opinion shall remain confidential or that a formal advisory opinion shall be made public but the officer or employee’s name shall not be disclosed. Any State officer or employee or special State officer or employee requesting a formal advisory opinion may request that the adjudication process and the opinion be made public. Advisory opinions of the joint committee issued prior to the effective date of P.L.2007, c.203 shall not be made public, except when the joint committee by the vote of three-fourths of all its members directs that the same be made public or upon the request of the officer or employee seeking the advisory opinion. Public advisory opinions shall not disclose the name of any State officer or employee or special State officer or employee unless the joint committee in directing that the same be made public so directs. All formal advisory and advisory opinions shall remain on file for 10 years from the date of issuance, unless an opinion is rescinded (C.52:13D-22(g) and 52:13D-24).
3:15.1. The Ethics Counsel appointed by the Executive Director of the Office of Legislative Services, pursuant to subsection (d) of section 11 of P.L.1971, c.182 (C.52:13D-22), shall provide informal ethics advice to individual officers and employees in the Legislative Branch upon request, when the request is one fully answered by the New Jersey Conflicts of Interest Law or the Legislative Code of Ethics or is on a subject previously determined by the Joint Committee. Informal ethics advice from the Ethics Counsel to an officer or employee in the Legislative Branch shall be confidential and subject to the attorney-client privilege. The Ethics Counsel may also assist officers or employees in the Legislative Branch in requesting formal advisory opinions from the joint committee on novel subject matters.
The assistance of the Ethics Counsel to officers or employees in the Legislative Branch is subject to the attorney-client privilege. This assistance is intended as a service to the officers and employees and may not be deemed to diminish an officer or employee’s personal responsibility for adherence to applicable laws, code provisions, rules and other standards of conduct. No privileged information provided to the Ethics Counsel by officers or employees in the Legislative Branch shall be used or admitted into evidence in any proceeding against them; but this shall not prohibit proceedings against them from evidence independently derived.
The Legislature shall provide an online tutorial on legislative ethics for officers or employees and special State officers or employees in the Legislative Branch of government. Each officer or employee in the Legislative Branch shall take the tutorial no later than April 1 of every even-numbered year. In addition to the tutorial, all officers and employees in the Legislative Branch shall participate in annual ethics training as directed by their Executive Directors. (C.52:13D-22; C.52:13D-28)