Bill Text: NJ A1466 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires filing of financial and conflict disclosure statements as condition of development approval.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Housing and Local Government Committee [A1466 Detail]
Download: New_Jersey-2012-A1466-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman DECLAN J. O'SCANLON, JR.
District 13 (Monmouth)
Assemblywoman AMY H. HANDLIN
District 13 (Monmouth)
Co-Sponsored by:
Assemblywoman Casagrande
SYNOPSIS
Requires filing of financial and conflict disclosure statements as condition of development approval.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act requiring certain financial and ethical disclosure as a condition of development approval, amending and supplementing P.L.1984, c.20.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1984, c.20 (C.40:55D-10.3) is amended to read as follows:
5. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency, when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the 45-day period for purposes of commencing the applicable time period, unless: a. the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant; and b. the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.
No application by a developer subject to the provisions of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be deemed complete unless the conflict disclosure statement and political contribution disclosure statement have been submitted and accepted by the administrative officer.
(cf: P.L.1984, c.20, s.5)
2. (New section) Any developer seeking approval of an application for development involving a major subdivision or a site plan not considered a minor site plan shall complete a conflict disclosure statement and a political contribution disclosure statement which document contributions to and expenditures made on behalf of any candidate for election to a municipal office or any elected official serving in the municipality in which the developer is seeking approval of an application for development.
The conflict disclosure statement shall include disclosure by the developer of any business, financial or family relationship on the part of the developer and any partnership owner with any current member of the planning board or board of adjustment or any professional under contract with the municipality in order to assist the board in its deliberations.
The political contribution disclosure statement shall include a report of all contributions that are reportable by the recipient thereof pursuant to "The New Jersey Campaign Contributions and Expenditures Reporting Act," P.L.1973, c.83 (C.19:44A-1 et seq.) that the developer or partnership owner made during the preceding three years to any: (i) candidate; (ii) political committee; (iii) candidate committee established pursuant to subsection a. of section 9 of P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures; (iv) joint candidates committee established pursuant to subsection a. of section 9 of P.L.1973, c.83 (C.19:44A-9) by at least two candidates for the same elective offices; or (v) a political organization organized under section 527 of the Internal Revenue Code that also meets the definition of a "continuing political committee" within the meaning of section 3 of P.L.1973, c.83 (C.19:44A-3).
The reporting shall be made in a manner and form to be developed by the municipality with the advice of the New Jersey Election Law Enforcement Commission, which may promulgate regulations to effect and implement this disclosure obligation.
For the purposes of this section, the terms "contributions" and "expenditures" shall have that meaning set forth in "The New Jersey Campaign Contributions and Expenditures Reporting Act," P.L.1973, c.83 (C.19:44A-1 et seq.).
3. (New section) Any changes in the information provided by the developer in the disclosure statements required by section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) following the declaration of completeness by the administrative officer pursuant to section 5 of P.L.1984, c.20 (C.40:55D-10.3) but before the granting of approval shall be reported to the administrative officer, including reporting by any new owner or partnership owner in the event that the ownership of the development changes during the pendency of the application before the municipality.
Failure on the part of the developer or a subsequent developer to file updated disclosure statements or new statements upon a change of ownership shall constitute a rebuttable presumption that the approval of the application for development is no longer valid.
In addition, any vote on an application for development by a member of the planning board, zoning board of adjustment or member of the governing body who is later found to have had a conflict of interest shall constitute a rebuttable presumption that the approval of the application for development is no longer valid.
4. (New section) The Election Law Enforcement Commission may adopt such rules and regulations as may be required to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
5. This act shall take effect on the first day of the fourth month next following enactment.
STATEMENT
This bill would provide that no application for development submitted by a developer seeking approval of a major subdivision or a site plan not considered a minor site plan shall be deemed complete until the developer files a conflict disclosure statement and a political contribution disclosure statement, which have been accepted by the administrative officer.
The conflict disclosure statement shall include disclosure by the developer of any business, financial or family relationship on the part of the developer and any partnership owner with any current member of the planning board or board of adjustment or any professional under contract with the municipality in order to assist the board in its deliberations.
The political contribution disclosure statement shall include a report of all contributions that are reportable by the recipient thereof pursuant to the "The New Jersey Campaign Contributions and Expenditures Reporting Act," P.L.1973, c.83 (C.19:44A-1 et seq.) during the preceding three years in a manner and form to be developed by the municipality with the advice of the New Jersey Election Law Enforcement Commission. The law defers to the above mentioned law for the definitions of the terms "contributions" and "expenditures."
In addition to this requirement, developers are required to report any changes in the reportable information which occur after the application for development is declared complete, including an obligation that subsequent owners provide the necessary information upon a change of developer or owner. Failure on the part of the developer or a subsequent developer to file updated disclosure statements or new statements upon a change of ownership shall constitute a rebuttable presumption that the approval of the application for development is no longer valid. In addition, any vote on an application for development by a member of the planning board, zoning board of adjustment or member of the governing body who is later found to have had a conflict of interest shall also constitute a rebuttable presumption that the approval of the application for development is no longer valid.
This bill is part of an effort to combat the practice known as "pay-to-play," in which private companies and individuals seek to obtain favorable treatment from government agencies by making political contributions. Such contributions can be made to elected officials with control or influence over those agencies, or to other candidates or committees that are of interest to the elected or appointed officials responsible for governmental actions affecting the contributor.
While all members of American society have the right to make political contributions and to otherwise participate in the political process, it is well recognized that this right must coexist with - and not trump - the right enjoyed by all to have a government free from the actuality or appearance of corruption. Therefore, residents of any municipality should have the right to review easily accessible information concerning the political contributions of developers seeking local government approvals, and relationships with local officials, that may be relevant to the question of whether any undue influence might play a role in the decisions by government officials concerning those approvals.
For too long, New Jersey residents have had to contend with a pay-to-play system that costs them money in terms of unnecessarily high costs of government, reduces their quality of life through overdevelopment, harms this State's reputation, and causes public cynicism and lack of confidence in state and local government. This bill is intended to create more transparency in local development matters, and thereby help reverse the negative effects of pay-to-play.
