Bill Text: NJ A4174 | 2016-2017 | Regular Session | Introduced
Bill Title: Permits legislator to represent person before Division of Alcoholic Beverage Control in certain circumstances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-12-04 - Reported out of Assembly Committee, 2nd Reading [A4174 Detail]
Download: New_Jersey-2016-A4174-Introduced.html
Sponsored by:
Assemblywoman MARLENE CARIDE
District 36 (Bergen and Passaic)
SYNOPSIS
Permits legislator to represent person before Division of Alcoholic Beverage Control in certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain contact by legislators with State agencies and amending P.L.1971, c.182.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1971, c.182 (C.52:13D-16) is amended to read as follows:
5. a. No special State officer or employee, nor any partnership, firm or corporation in which he has 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 particular office, bureau, board, council, commission, authority, agency, fund or system in which such special State officer or employee holds office or employment.
b. No State officer or employee or member of the Legislature, nor any partnership, firm or corporation in which he has 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 any State agency. Nothing contained herein shall be deemed to prohibit any such partnership, firm or corporation from appearing on its own behalf. This subsection shall not be deemed to prohibit a member of the Legislature or an employee on the member's behalf 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 the 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 member of the Legislature or an employee therefor, whether directly or indirectly, and the member 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 members of the Legislature or their employees which is otherwise prohibited by the criminal law, this act or the Code of Ethics and nothing contained herein shall authorize contact with an administrative law judge or agency head during the hearing of a contested case.
c. Nothing contained in this section shall be deemed to prohibit any legislator, or any State officer or employee or special State officer or employee from representing, appearing for or negotiating on behalf of, or agreeing to represent, appear for, or negotiate on behalf of, any person or party other than the State in connection with any proceeding:
(1) Pending before any court of record of this State,
(2) In regard to a claim for compensation arising under chapter 15 of Title 34 of the Revised Statutes (Workers' Compensation),
(3) In connection with the determination or review of transfer inheritance or estate taxes,
(4) In connection with the filing of corporate or other documents in the office of the Secretary of State,
(5) Before the Division on Civil Rights or any successor thereof,
(6) Before the New Jersey State Board of Mediation or any successor thereof,
(7) Before the New Jersey Public Employment Relations Commission or any successor thereof,
(8) Before the Unsatisfied Claim and Judgment Fund Board or any successor thereof solely for the purpose of filing a notice of intention pursuant to P.L.1952, c.174, s.5 (C.39:6-65), [or]
(9) Before any State agency 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 proceeding and provided he is not holding any office or employment in the State agency in which any such proceeding is pending, or
(10) In the case of a legislator, before the Division of Alcoholic Beverage Control in connection with an uncontested filing for the renewal of a license of any class.
(cf: P.L.1996, c.116, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill would permit a State legislator to represent, appear for, or negotiate on behalf of any person, other than the State, before the Division of Alcoholic Beverage Control in connection with an uncontested filing for the renewal of a liquor license of any class. The classes of licenses issued by the Division of Alcoholic Beverage Control include Class A, manufacturer's licenses, Class B, wholesaler's licenses, Class C, retailer's licenses, Class D, transportation licenses, and Class E, public warehouse licenses.
