New Jersey-2012-S1310-Introduced

An Act limiting the amount of a contribution to a legal defense fund of a holder of elective public office and requiring the reporting thereof and supplementing P.L.1973, c.83 (C.19:44A-1 et seq.).

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

1. a. The holder of any elective public office in this State who receives a contribution of money or other thing of value for the purpose of defraying legal expenses resulting from pending or anticipated charge against the officeholder for the commission of a crime or offense under the laws of this State or under the laws of another state or of the United States of a crime or offense which, if committed in this State, would be such a crime or offense, shall, within ten days of the receipt thereof, file with the Election Law Enforcement Commission a certificate of organization of a legal defense fund on a form prescribed by the commission. The certificate shall identify the name of the fund, which shall be the sole name under which the fund or the officeholder receives contributions, makes expenditures and otherwise conducts business with the officeholder's legal defense and include such other information as the commission shall require. An officeholder who establishes a legal defense fund shall designate a bank authorized by law to transact business in this State as a depository for the fund prior to filing the certificate of organization with the commission and shall disclose on the certificate such information about the depository as the commission shall require. Following the filing of a certificate with the commission, an officeholder shall file with the commission, at three month intervals, a report of all transactions of the fund, including the name, address, occupation and employer of each contributor and of each recipient of each expenditure. The certificate and all reports filed under this section shall be government records and available to the public pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.).

b. No individual, group or organization shall contribute more than $2,600 per calendar year to a legal defense fund established under subsection a. of this section and no officeholder shall accept a contribution greater than that amount from any such contributor.

c. The provisions of this section shall not apply to expenditures of the officeholder's own funds or to contributions to the officeholder from the officeholder's spouse, children, siblings, or parents.

d. The provisions of this section shall not be construed as authorizing the acceptance by an officeholder of an amount which exceeds the limit on the amount of any gift that may be accepted by the officeholder that is prescribed by any other statute, regulation, executive order, ordinance, resolution, or code of ethics.

2. This act shall take effect immediately.

STATEMENT

This bill requires the holder of any elective public office in this State to file a certificate of organization of a legal defense fund with the Election Law Enforcement Commission (ELEC) if the officeholder receives a contribution for the purpose of defraying legal expenses resulting from pending or anticipated criminal charges. The officeholder must also designate a bank authorized by law to transact business in this State as a depository for the fund and file with ELEC, at three month intervals, a report of all transactions of the fund, including the name, address, occupation and employer of each contributor and of the recipient of each expenditure. Contributions to the fund by an individual, group or organization would be capped at $2,600 per calendar year. The bill provides that its provisions will not apply to expenditures of the officeholder's own funds or to contributions to the officeholder from the officeholder's spouse, children, siblings, or parents. The bill also provides that its provisions would not be construed as authorizing the acceptance by an officeholder of an amount which exceeds the limit on the amount of any gift that may be accepted by the officeholder as prescribed by any other statute, regulation, executive order, ordinance, resolution, or code of ethics.