Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Requires business entity to file annual disclosure statement with ELEC if entity receives $50,000 or more in commissions or fees during calendar year for placing third parties into contractual relationships with public entities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the disclosure of campaign contributions by certain business entities and amending P.L.2005, c.271.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2005, c.271 (C.19:44A-20.27) is amended to read as follows:
3. a. Any business entity making a contribution of money or any other thing of value, including an in-kind contribution, or pledge to make a contribution of any kind to a candidate for or the holder of any public office having ultimate responsibility for the awarding of public contracts, or to a political party committee, legislative leadership committee, political committee or continuing political committee, which has received in any calendar year $50,000 or more in the aggregate through agreements or contracts with a public entity, or through agreements or contracts with a third party in which the business entity receives a commission or fee for entering the third party into a contractual relationship with a public entity, shall file an annual disclosure statement with the New Jersey Election Law Enforcement Commission, established pursuant to section 5 of P.L.1973, c.83 (C.19:44A-5), setting forth all such contributions made by the business entity during the 12 months prior to the reporting deadline.
b. The commission shall prescribe forms and procedures for the reporting required in subsection a. of this section which shall include, but not be limited to:
(1) the name and mailing address of the business entity making the contribution, and the amount contributed during the 12 months prior to the reporting deadline;
(2) the name of the candidate for or the holder of any public office having ultimate responsibility for the awarding of public contracts, candidate committee, joint candidates committee, political party committee, legislative leadership committee, political committee or continuing political committee receiving the contribution; [and]
(3) the amount of money the business entity received from the public entity through contract or agreement, the dates, and information identifying each contract or agreement and describing the goods, services or equipment provided or property sold, or the amount of money the business entity received as a commission or fee for placing a third party into a contractual relationship with the public entity and describing the goods, services, or equipment provided or property sold.
c. The commission shall maintain a list of such reports for public inspection both at its office and through its Internet site.
d. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by: all principals, partners, officers, or directors of the business entity, or their spouses; any subsidiaries directly or indirectly controlled by the business entity; or any political organization organized under section 527 of the Internal Revenue Code that is directly or indirectly controlled by the business entity, other than a candidate committee, election fund, or political party committee, shall be deemed to be a contribution by the business entity.
As used in this section:
"business entity" means a for-profit entity that is a natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this State or of any other state or foreign jurisdiction; and
"interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit, as appropriate.
e. Any business entity that fails to comply with the provisions of this section shall be subject to a fine imposed by the New Jersey Election Law Enforcement Commission in an amount to be determined by the commission which may be based upon the amount that the business entity failed to report.
(cf: P.L.2005, c.304, s.2)
2. This act shall take effect on January 1 of the calendar year next following enactment.
STATEMENT
This bill requires a business entity to file an annual disclosure statement with the New Jersey Election Law Enforcement Commission (ELEC) concerning campaign contributions if the business entity receives $50,000 or more in the aggregate over the course of a calendar year in commissions or fees for placing third parties into contractual relationships with public entities.
The bill is intended to provide transparency and close a loophole which has permitted certain companies to circumvent laws requiring disclosure of campaign contributions. Under current law, a business is only required to report amounts received through direct contracts with public entities. This bill would require the business to report the amounts received in commissions or fees through contracts with third parties for placing the third party into a contractual relationship with a public entity, notwithstanding that the payment was not remitted directly by the public entity.