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Department of State

The Hon. Tahesha Way, Lt. Governor and Secretary of State

Statutes & Rules

Department of State / Secretary of State

Statutes
NJSA 52:16A-1 Department established
NJSA 52:16A-2 Secretary of State; appointment; salary; term; vacancy
NJSA 52:16A-3 Powers, duties and property of existing Secretary of State transferred to Department of State
NJSA 52:16A-11 Powers and duties of Secretary of State
NJSA 52:16A-11.1 Payment of fees in advance of performance by Department of State
NJSA 52:16A-12 Request officer, Secretary of State as
NJSA 52:16A-13 Employees of existing office of Secretary of State transferred
NJSA 52:16A-14 Appropriations transferred
NJSA 52:16A-15 Civil Service, pension or retirement rights not affected
NJSA 52:16A-16 Orders, rules and regulations of Secretary of State continued
NJSA 52:16A-23 Short title
NJSA 52:16A-24 Effective date
NJSA 3B:3-2.1 Creation, maintenance of will registry; fees
NJSA 3B:3-2.2 Regulations
NJSA 37:1-13 Authorization to solemnize marriages and civil unions
NJSA 52:3-12.1 Electronic notification system for flags flying at half-staff.
NJAC 15:4 Civil Celebrant Certification
NJAC 15:4-1.1 Purpose
NJAC 15:4-1.2 Certification criteria; application process
NJAC 15:4-1.3 Fee
NJAC 15:4-1.4 Authorization Date
NJAC 15:4-1.5 Revocation of certification
Executive Orders
Executive Order #7 Governor Chris Christie Modifies prior Executive Orders implementing "pay-to-play" restrictions.
Executive Order #117 Governor Jon S. Corzine Orders and directs loopholes closed in pay-to-play ban
Executive Order #118 Governor Jon S. Corzine Orders and directs new ban on pay-to-play for all state redevelopment contracts

 

 

NJSA 52:16A-1 Department established

There is hereby established in the executive branch of the State Government a principal department which shall be known as the Department of State.
L.1948, c. 445, p. 1757, s. 1.

NJSA 52:16A-2 Secretary of State; appointment; salary; term; vacancy

The head of the Department of State shall be the Secretary of State who shall be appointed by the Governor, with the advice and consent of the Senate, and who shall serve during the term of office of the Governor. He shall receive such salary as shall be provided by law. Any vacancy occurring in the office of Secretary of State shall be filled in the same manner as the original appointment, but for the unexpired term only.

The person in office as Secretary of State on the thirty-first day of December, one thousand nine hundred and forty-eight, shall hold the office of Secretary of State in the Department of State established hereunder for the unexpired period of the term for which he was appointed, and until his successor is appointed and qualifies.
L.1948, c. 445, p. 1757, s. 2.

NJSA 52:16A-3 Powers, duties and property of existing Secretary of State transferred to Department of State

The functions, powers, duties, records and property of the existing office of Secretary of State, and of the Secretary of State, are hereby transferred to and vested in the Department of State established hereunder, and shall be exercised and used by the Secretary of State pursuant to the provisions of this act and as otherwise provided by law.
L.1948, c. 445, p. 1757, s. 3.

NJSA 52:16A-11 Powers and duties of Secretary of State

In addition to other powers and duties specifically conferred and imposed upon him by this act or by any other law, the Secretary of State shall:

a. Supervise the work of the employees engaged in the Department of State.

b. Adopt uniform procedures for all secretarial, recording and clerical duties for each office within the Department of State.

c. Maintain a public register of all persons licensed by the State Athletic Commissioner.

d. Integrate, so far as practicable, all staff services of the Department of State and of each of the offices therein.
L.1948, c. 445, p. 1759, s. 11.

NJSA 52:16A-11.1 Payment of fees in advance of performance by Department of State

The Department of State may require, for the performance of any service for which any fee is payable, payment in advance of the performance of the service. For convenience the department may receive reasonable deposits in advance from persons desiring services for which fees are payable and the department shall account at least annually to the persons making or maintaining such deposits.
L.1961, c. 137, p. 806, s. 1, eff. Jan. 9, 1962.

NJSA 52:16A-12 Request officer, Secretary of State as

The Secretary of State shall be the request officer of the Department of State within the meaning of such term as defined in chapter one hundred twelve of the laws of one thousand nine hundred and forty-four.
L.1948, c. 445, p. 1760, s. 12.

NJSA 52:16A-13 Employees of existing office of Secretary of State transferred

Such employees of the existing office of Secretary of State, as the Secretary of State may determine are needed for the proper performance of the functions and duties imposed upon him, are hereby transferred to the Department of State established hereunder. Persons thus transferred shall be assigned to such duties as the Secretary of State shall determine.
L.1948, c. 445, s. 1760, s. 13.

NJSA 52:16A-14 Appropriations transferred

All appropriations available and to become available to the Secretary of State, and all appropriations available and to become available to the State Athletic Commissioner are hereby transferred to the Department of State established hereunder, and shall be available for the objects and purposes for which appropriated.
L.1948, c. 445, p. 1760, s. 14.

NJSA 52:16A-15 Civil Service, pension or retirement rights not affected

Nothing in this act shall be construed to deprive any person of any right or protection provided him by Title 11 of the Revised Statutes, Civil Service, or under any pension law or retirement system.
L.1948, c. 445, p. 1760, s. 15.

NJSA 52:16A-16 Orders, rules and regulations of Secretary of State continued

This act shall not affect the orders, rules and regulations heretofore made or promulgated by the Secretary of State but such orders, rules and regulations shall continue with full force and effect until amended or repealed by the Secretary of State.
L.1948, c. 445, p. 1760, s. 16.

NJSA 52:16A-23 Short title

This act shall be known as, and may be cited as, the "Department of State Act of 1948."
L.1948, c. 445, p. 1762, s. 23.

NJSA 52:16A-24 Effective date

This act shall take effect on the first day of January, one thousand nine hundred and forty-nine, except that any appointment, and any confirmation of any appointment, permitted by this act may be made prior to such date.

L.1948, c. 445, p. 1762, s. 24.

NJSA 3B:3-2.1 Creation, maintenance of will registry; fees

1. a. The Secretary of State shall create and maintain a will registry in which a testator or his attorney may register information regarding the testator's will. The information contained in such registry shall include the name of the person making the will, the date the will was made, and sufficient identification of the location of the will at the time of registration. The registry shall not contain a copy of the will.

b.The fee for registration of a will shall be $10.00, which shall be deposited by the Secretary of State in the General Fund.

c.The existence or nonexistence of a registration for a particular will shall not be considered as evidence in any proceeding relating to such will, and the failure to file information about a will in the will registry shall not be a factor in determining the validity of the will.

d.The fee for application to the Secretary of State to conduct a search of the registry shall be $10.00, which shall be deposited by the Secretary of State in the General Fund. Only interested persons and their representatives may conduct a search of the registry. As used in this act, "interested persons" means children, spouses, potential heirs, devisees, fiduciaries, creditors, beneficiaries and any others having a property right in or claim against a trust estate or the estate of a decedent which may be affected by the proceeding.

e.The Secretary of State shall not be liable for the accuracy of the representation of the person conducting a search of the registry or for the accuracy of the information contained in the registry.

L.2005,c.97,s.1.

NJSA 3B:3-2.2 Regulations

2. The Secretary of State shall promulgate regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the provisions of this act.

L.2005,c.97,s.2.

NJSA 37:1-13 Authorization to solemnize marriages and civil unions

a. Authorization to solemnize marriages and civil unions.

Each judge of the United States Court of Appeals for the Third Circuit, each judge of a federal district court, United States magistrate, judge of a municipal court, judge of the Superior Court, judge of a tax court, retired judge of the Superior Court or Tax Court, or judge of the Superior Court or Tax Court, the former County Court, the former County Juvenile and Domestic Relations Court, or the former County District Court who has resigned in good standing, surrogate of any county, county clerk, and any mayor or former mayor not currently serving on the municipal governing body or the deputy mayor when authorized by the mayor, or chairman of any township committee or village president of this State, every member of the clergy of every religion , and any civil celebrant who is certified by the Secretary of State to solemnize marriages or civil unions as set forth in subsection b. of this section, are hereby authorized to solemnize marriages or civil unions between such persons as may lawfully enter into the matrimonial relation or civil union; and every religious society, institution or organization in this State may join together in marriage or civil union such persons according to the rules and customs of the society, institution or organization.

b. A civil celebrant shall be authorized to solemnize marriages or civil unions if certified to do so by the Secretary of State.

(1)A civil celebrant shall receive a certification from the Secretary of State to solemnize marriages or civil unions if the celebrant:

(a)is at least 18 years of age and has graduated from a secondary school in this State or another state;

(b)has completed a civil celebrant course offered by a non-denominational or educational charitable organization that is registered with the State under the "Charitable Registration and Investigation Act," P.L.1994, c.16 (C.45:17A-18 et seq.), and which course:

(i)includes classes that meet weekly or with more frequency, either administered in person or by other means, over a period of not less than six months; and

(ii)educates on topics including, but not limited to, celebrant philosophy and history, ceremonial structure, and ceremonial presentations; and

(c)(i) submits a completed application form, developed by the secretary pursuant to regulation, which includes the name and address of the celebrant-applicant along with any other relevant information on the celebrant-applicant required by the secretary, and supporting documentation with respect to all certification requirements set forth in this subsection; and

(ii)pays to the Department of State, at the time of submitting the completed application, a fee of not less than $50 or more than $75, as determined by the secretary by regulation, to cover costs for processing applications, producing and issuing certificates, and maintaining records on applications and certificates issued or denied.

(2)(a) A celebrant-applicant shall not be authorized to solemnize marriages or civil unions until the application for certification is approved and the certificate received from the secretary.

(b)A civil celebrant who has received a certification from the secretary may have that certification revoked, through a hearing before an administrative law judge, if the secretary determines that any information provided in the celebrant's application was inaccurate or otherwise did not comply with the certification requirements set forth in this subsection. A civil celebrant subject to a revocation hearing before an administrative law judge or any appeal thereof shall not be authorized to solemnize marriages or civil unions, and shall only again be authorized to do so if a final determination is made permitting the civil celebrant to retain the certification.

Amended 1948, c.334, s.1; 1949, c.7, s.1; 1953, c.34, s.3; 1964, c.68; 1965, c.36; 1976, c.36; 1979, c.38; 1979, c.93; 1979, c.166, s.1; 1983, c.159; 1983, c.503; 1989, c.111; 1991, c.404; 1993, c.126; 1993, c.324; 1998, c.24; 2001, c.143; 2006, c.103, s.17; 2013, c.242; 2013, c.243.

NJSA 52:3-12.1 Electronic notification system for flags flying at half-staff

1.The Secretary of State shall create and maintain an electronic notification system in which a person may sign-up to receive automatic notification of when the Governor orders the United States flag and the State flag flown at half-staff. The notification shall include the date and purpose for the flags being flown at half-staff.

L.2015, c.162, s.1.

NJAC 15:4 Civil Celebrant Certification

Title 15, Chapter 4 -- Chapter Notes

NOTES:
CHAPTER AUTHORITY:

N.J.S.A. 37:1-13.

CHAPTER SOURCE AND EFFECTIVE DATE:

R.2014 d.145, effective October 6, 2014.

See: 46 N.J.R. 850(a), 46 N.J.R. 2044(b).


CHAPTER EXPIRATION DATE:

Chapter 4, Civil Celebrant Certification, expires on October 6, 2021.


CHAPTER HISTORICAL NOTE:

Chapter 4, Civil Celebrant Certification, was adopted as new rules by R.2014 d.145, effective October 6, 2014. See: Source and Effective Date.

NJAC 15:4-1.1 Purpose

The rules in this subchapter implement the provisions of P.L. 2013, c. 243, which amended N.J.S.A. 37:1-13, dealing with those persons authorized to solemnize marriages and civil unions. N.J.S.A. 37:1-13, as amended, permits any civil celebrant who meets the law’s criteria, and who is certified by the Department of State, to solemnize marriages and civil unions.

NJAC 15:4-1.2 Certification criteria; application process

(a) In order to be certified as a civil celebrant, an applicant mustsubmit to the Department of State a completed application for certification, on a form provided by the Department, which includes the following:

1. The applicant’s name and address;

2. Affirmation that the applicant is *at least* 18 years of age and has graduated from a secondary school in New Jersey or another state *or has completed an equivalent compulsory secondary education outside of the United States*;

3. Affirmation that the applicant has completed a civil celebrant course that:

i. Included classes that met weekly or with more frequency, either administered in person or by other means over a period of not less than six months; and

ii. Educated the applicant on topics including celebrant philosophy and history, ceremonial structure, and ceremonial presentations;

4. The name of the non-denominational or educational charitable organization at which the applicant took the civil celebrant course, and its registration number demonstrating that such organization is registered with the State under the Charitable Registration and Investigation Act, P.L. 1994, c. 16 (N.J.S.A. 45:17A-18 et seq.); and

5. The applicant shall attach to the application form a copy of a transcript or other documentation from the non-denominational or educational charitable organization, demonstrating successful completionof the civil celebrant course.

NJAC 15:4-1.3 Fee

The applicant shall remit a fee of $55.00 to the Department of State at the time of filing of the application for certification.

NJAC 15:4-1.4 Authorization Date

An applicant for certification shall not be authorized to solemnize marriages or civil unions until the application for certification has been approved and the certificate received from the Department of State.

NJAC 15:4-1.5 Revocation of certification

A civil celebrant who has received a certification from the Department of State may have that certification revoked, through a hearing at the Office of Administrative Law, pursuant to the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., before an administrative law judge, if the Department determines that any information provided in the celebrant’s application was inaccurate or otherwise did not comply with the certification requirements set forth in this subchapter. A civil celebrant subject to a revocation hearing before an administrative law judge, or any appeal thereof, shall not be authorized to solemnize marriages or civil unions, and shall only again be authorized to do so if a final determination is made permitting the civil celebrant to retain the certification.

Executive Order #7
Governor Chris Christie Modifies prior Executive Orders implementing "pay-to-play" restrictions.

 

WHEREAS, it is the clear and express intent of this Administration that all individuals who are elected to or otherwise hold public office shall adhere to the highest ethical standards; and

WHEREAS,prior actions of the New Jersey Legislature and existing Executive Orders have imposed stringent requirements on those individuals who hold public positions; and

WHEREAS, since 2004, there have been a series of legislative and executive actions which have imposed restrictions on the campaign contributions of those who contract with the State of New Jersey and other public entities, so as to avoid actual conflicts of interest or even the appearance of conflicts of interest in the public contracting process; and

WHEREAS, even though these “pay-to-play” restrictions have had a positive impact on the public contracting process, they have not extended their reach to all “business entities” which contract with the State of New Jersey and other public entities; and

WHEREAS, even though contributions in excess of the amount identified in legislation, Executive Orders, and regulations are restricted to many forms of political and campaign committees, these restrictions have not extended their reach to all such committees;

NOW, THEREFORE, I, CHRIS CHRISTIE, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

1. Prior Executive Orders implementing “pay-to-play” restrictions are hereby modified to include within the definition of the term “Business Entity” any Labor Union or Labor Organization which enters into contracts with the State of New Jersey and its instrumentalities or with other New Jersey public entities. The reference in this Executive Order to "labor unions" and "labor organizations" shall include any political committee formed by any such labor union or labor organization, one of the purposes of which political committee is to make political contributions. All Department and Agency heads are directed to revise current regulations to be consistent with this change.

2. Prior Executive Orders implementing “pay-to-play” restrictions are hereby modified to include Legislative Leadership Committees within the list of committees and depositories as to which the contribution restrictions are applicable. All Department and Agency heads are directed to revise current regulations to be consistent with this change.

3. This Order shall take effect immediately.

GIVEN, under my hand and seal this 20th day of January, Two Thousand and Ten, and of the Independence of the United States, the Two Hundred and Thirty-Fourth.

/s/ Chris Christie
Governor

Executive Order #117
Governor Jon S. Corzine Orders and directs loopholes closed in pay-to-play ban

 

WHEREAS, the residents of New Jersey are entitled to a government that is effective, efficient, and free from corruption, favoritism, and waste; and

WHEREAS, in pursuit of those goals, a series of actions have been taken in New Jersey since 2004 – through legislation, executive order, and regulation – to protect the integrity of government contractual decisions and increase the public’s confidence in government by prohibiting the awarding of government contracts to business entities that also are contributors to certain candidates and political parties; and

WHEREAS, among those actions were the issuance of Executive Order No. 134 (2004) and the codification of its provisions into statute in P.L.2005, c.51 (C.19:44A-20.13 et seq.) (“Chapter 51”); and

WHEREAS, since its adoption, Chapter 51 has significantly reduced the influence of contractor contributions in the process of awarding State government contracts and has proven to be an effective method of ensuring that merit and cost-effectiveness drive the government contracting process; and

WHEREAS, this administration is committed to ensuring the highest ethical standards in government contracting and rooting out corruption, favoritism, and waste; and

WHEREAS, experience has shown that additional measures are needed to ensure there is no dilution of the protections provided by Chapter 51 against the improper influence of political contributions on the process of awarding State government contracts and to ensure compliance with the provisions of Chapter 51; and

WHEREAS, many State government contractors, particularly those that provide professional services, are business entities whose form of business organization and ownership structure are such that the political contribution limits in Chapter 51 apply to few if any of the individuals who own or control the entity; and

WHEREAS, the strong public interest in limiting political contributions by businesses that contract with the State requires that the contribution limits in Chapter 51 be applied to such individuals and that those limits otherwise be applied in such a way that the purposes of Chapter 51 will be served regardless of the form of business organization of the State government contractor; and

WHEREAS, because New Jersey’s campaign finance laws permit large, and in some cases unlimited, political contributions to flow between and among various types of political committees and State officeholders, the effectiveness of the restrictions in Chapter 51 can be, and have been, undermined by the current ability of State government contractors to make large contributions to legislative leadership committees and municipal political party committees; and

WHEREAS, the Constitution of this State requires the Governor to manage the operations of State government effectively and fairly, uphold the law to ensure public order and prosperity, and confront and uproot malfeasance in whatever form it may take; and

WHEREAS, it is the Governor’s responsibility to safeguard the integrity of the State government procurement process by ensuring that there is no dilution of the protections provided by Chapter 51 against the improper influence of political contributions on the process of awarding and overseeing the performance of State government contracts and that there be full compliance with the provisions of Chapter 51;

NOW, THEREFORE, I, JON S. CORZINE, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

1. For the purposes of this Order:

a. “Business entity” means:

i. a for-profit entity as follows:

A. in the case of a corporation: the corporation, any officer of the corporation, and any person or business entity that owns or controls 10% or more of the stock of the corporation;

B. in the case of a general partnership: the partnership and any partner;

C. in the case of a limited partnership: the limited partnership and any partner;

D. in the case of a professional corporation: the professional corporation and any shareholder or officer;

E. in the case of a limited liability company: the limited liability company and any member;

F. in the case of a limited liability partnership: the limited liability partnership and any partner;

G. in the case of a sole proprietorship: the proprietor; and

H. in the case of a sole proprietorship: the proprietor; and

ii. any subsidiary directly or indirectly controlled by the business entity;

iii. 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; and

iv. with respect to an individual who is included within the definition of business entity, that individual’s spouse or civil union partner, and any child residing with the individual, provided, however, that, this Order shall not apply to a contribution made by such spouse, civil union partner, or child to a candidate for whom the contributor is entitled to vote or to a political party committee within whose jurisdiction the contributor resides unless such contribution is in violation of section 9 of P.L.2005, c.51 (C.19:44A-20.13 et seq.) (“Chapter 51”).

b. “Contribution” means a contribution reportable by the recipient under “The New Jersey Campaign Contributions and Expenditures Reporting Act,” P.L.1973, c.83 (C.19:44A-1 et seq.) made on or after the effective date of this Order.

2. Any Executive Branch department, agency, authority, or independent State authority charged with implementing and enforcing Chapter 51 shall apply its provisions to a “business entity” as defined in Paragraph 1(a) of this Order in the same manner as those provisions apply to a “business entity” as defined in section 5 of Chapter 51.

3. Any Executive Branch department, agency, authority, or independent State authority charged with implementing and enforcing Chapter 51 shall apply its provisions to a contribution made to a legislative leadership committee or a municipal political party committee in the same manner as those provisions apply to a contribution to any candidate committee, election fund, or political party committee identified in Chapter 51.

4. Any Executive Branch department, agency, authority, or independent State authority charged with implementing and enforcing Chapter 51 shall apply its provisions to a contribution made to a candidate committee or election fund of any candidate for or holder of the office of Lieutenant Governor in the same manner as those provisions apply pursuant to Chapter 51 to a contribution to any candidate committee or election fund of any candidate for or holder of the office of Governor. Members of the Commission shall:

5. This Order shall take effect on November 15, 2008, and is intended to have prospective effect only. This Order shall not apply to any contribution made prior to November 15, 2008.

GIVEN, under my hand and seal this 24th day of September, Two Thousand and Eight, and of the Independence of the United States, the Two Hundred and Thirty-Third.

/s/ Jon S. Corzine
Governor

Executive Order #118
Governor Jon S. Corzine Orders and directs new ban on pay-to-play for all state redevelopment contracts

 

WHEREAS, the residents of New Jersey are entitled to a government that is effective, efficient, and free from corruption, favoritism, and waste; and

WHEREAS, in pursuit of those goals, a series of actions have been taken in New Jersey since 2004 – through legislation, executive order, and regulation – to protect the integrity of government contractual decisions and increase the public’s confidence in government by prohibiting the awarding of government contracts to business entities that also are contributors to certain candidates and political parties; and

WHEREAS, government decisions regarding redevelopment projects often involve substantial sums of money, and the procedures regarding such decisions can be less rigorous than those governing other types of procurement activities; and

WHEREAS, as demonstrated in the recent report of the Inspector General regarding the Encap redevelopment project, the integrity of government decisions regarding a redevelopment project can be called into question by virtue of the timing of political contributions and the nature of government actions benefiting or relating to a redevelopment project; and

WHEREAS, the Constitution of this State requires the Governor to manage the operations of State government effectively and fairly, uphold the law to ensure public order and prosperity, and confront and uproot malfeasance in whatever form it may take; and

WHEREAS, it is the Governor’s responsibility to safeguard the integrity of decision-making regarding State redevelopment projects by imposing restrictions on State agencies and independent authorities to insulate such decision-making from political contributions that pose the risk of improper influence, purchase of access, or the appearance thereof;

NOW, THEREFORE, I, JON S. CORZINE, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

1. For the purposes of this Order:

a. “Business entity” means:

i. a for-profit entity as follows:

A. in the case of a corporation: the corporation, any officer of the corporation, and any person or business entity that owns or controls 10% or more of the stock of the corporation;

B. in the case of a general partnership: the partnership and any partner;

C. in the case of a limited partnership: the limited partnership and any partner;

D. in the case of a professional corporation: the professional corporation and any shareholder or officer;

E. in the case of a limited liability company: the limited liability company and any member;

F. in the case of a limited liability partnership: the limited liability partnership and any partner;

G. in the case of a sole proprietorship: the proprietor; and

H. in the case of a sole proprietorship: the proprietor; and

ii. any subsidiary directly or indirectly controlled by the business entity;

iii. 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; and

iv. with respect to an individual who is included within the definition of business entity, that individual’s spouse or civil union partner, and any child residing with the individual, provided, however, that, this Order shall not apply to a contribution made by such spouse, civil union partner, or child to a candidate for whom the contributor is entitled to vote or to a political party committee within whose jurisdiction the contributor resides unless such contribution is in violation of section 9 of P.L.2005, c.51 (C.19:44A-20.13 et seq.) (“Chapter 51”).

b. “Contribution” means a contribution reportable by the recipient under “The New Jersey Campaign Contributions and Expenditures Reporting Act,” P.L.1973, c.83 (C.19:44A-1 et seq.) made on or after the effective date of this Order.

c. “Redeveloper” means any business entity that enters into or proposes to enter into a redevelopment agreement, and includes (i) a subsidiary business entity directly or indirectly controlled by the redeveloper; and (ii) a business entity that contracts with the redeveloper to perform professional, consulting, or lobbying services in connection with the redevelopment project.

d. “Redevelopment agreement” means an agreement or contract with a State redevelopment entity for the redevelopment or rehabilitation of an area in need of redevelopment, or an area in need of rehabilitation, or any part thereof, or other work forming a part of a redevelopment or rehabilitation project.

e. “State redevelopment entity” means any State agency, including any principal department in the Executive Branch and any division, board, bureau, office, commission, or other instrumentality within or created by such department, and any independent State authority, board, commission, instrumentality, or agency that is authorized by law to implement a redevelopment project and carry out a redevelopment plan. The State Treasurer shall prepare and publish a list of the State entities included under this definition.

2. State redevelopment entities shall use a competitive process, to include public issuance of a request for proposal, a request for qualifications, or similar solicitation, for selecting a redeveloper.

3. A State redevelopment entity shall not enter into or propose to enter into a redevelopment agreement with any redeveloper if, beginning after the public issuance of a request for proposal, a request for qualifications, or similar solicitation in accordance with Paragraph 2 of this Order, that redeveloper has made a contribution to (i) a candidate committee or election fund of any candidate for or holder of the public office of Governor or Lieutenant Governor, (ii) a State, county, or municipal political party committee or a legislative leadership committee, or (iii) a candidate committee or election fund of any candidate for or holder of a State legislative, county, or municipal elective public office in a State legislative district, county, or municipality in which any property subject to the redevelopment agreement is situated.

4. A redeveloper that enters into a redevelopment agreement with a State redevelopment entity shall not make a contribution during the term of the redevelopment agreement to any committee or election fund identified in Paragraph 3 of this Order.

5. Prior to entering into a redevelopment agreement a State redevelopment entity shall require the redeveloper to report all contributions the redeveloper made during the preceding four years to any 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), and, in the event the redeveloper enters into a contract with a business entity to perform professional, consulting, or lobbying services in connection with the redevelopment project after entering into the redevelopment agreement, the redeveloper shall supplement its report to include such contributions by that business entity. Such reports shall be subject to review by the State Treasurer. If the State Treasurer determines that any such contribution or any other act by the redeveloper would constitute a violation of this Order, the State Treasurer shall dis qualify the redeveloper from being awarded the redevelopment agreement.

6. Prior to entering into a redevelopment agreement a State redevelopment entity shall require the redeveloper to provide a written certification that it has not made a contribution that would bar the award of the redevelopment agreement pursuant to this Order. The redeveloper shall have a continuing duty to report any contribution it makes during the term of the redevelopment agreement. Such reports shall be subject to review by the State Treasurer.

7. A redeveloper shall not: (i) make a contribution in violation of this Order, unless such violation is remedied in accordance with Paragraph 8 of this Order; (ii) conceal or misrepresent a contribution given or received; (iii) make a contribution through an intermediary for the purpose of concealing or misrepresenting the source of the contribution; (iv) make a contribution on the condition or with the agreement that the recipient will in turn make a contribution that if made by the redeveloper itself would subject the redeveloper to the restrictions of this Order; (v) engage or employ a lobbyist, governmental affairs agent, or consultant with the intent or understanding that the lobbyist, governmental affairs agent, or consultant would make a contribution that if made by the redeveloper itself would subject the redeveloper to the restrictions of this Order; (vi) fund or direct contributions made by third parties, including consultants, attorneys, family members, and employees; (vii) engage in any exchange or contributions to circumvent the intent of this Order; or (viii) directly or indirectly, through or by any other person or means, do any act which would subject the redeveloper to the restrictions of this Order. A violation of the provisions of this Order shall be considered a material breach of the redevelopment agreement unless remedied in accordance with Paragraph 8 of this Order.

8. Except for contributions made within 60 days of a June primary election or a general election, if a redeveloper makes a contribution that would otherwise bar it from entering into a redevelopment agreement with a State redevelopment entity or makes a contribution during the term of a redevelopment agreement in violation of this Order, the redeveloper may request a full reimbursement from the recipient and, if such reimbursement is received within 30 days after the date on which the contribution was made, the redeveloper would again be eligible to enter into the redevelopment agreement or would no longer be in violation, as appropriate.

9. Every request for qualifications, request for proposals, or any similar solicitation issued by a State redevelopment entity in connection with a redevelopment project shall contain a provision describing the requirements of this Order and a statement that compliance with this Order shall be a material term and condition of any redevelopment agreement with the State redevelopment entity and binding upon the parties thereto upon the execution of the redevelopment agreement.

10. To the extent that a term that is used in this Order requires interpretation or definition, resort shall be made to the relevant definition of the term in the “New Jersey Campaign Contributions and Expenditures Reporting Act,” P.L.1973, c.83 (C.19:44A-1, et seq.) or to section 3 of P.L.1992, c.79 (C.40A:12A-3), as may be appropriate.

11. This Order shall take effect on November 15, 2008, and is intended to have prospective effect only. This Order shall apply to all redevelopment agreements entered into after November 15, 2008, but shall not affect any contribution made prior to November 15, 2008.

GIVEN, GIVEN, under my hand and seal this 24th day of September, Two Thousand and Eight, and of the Independence of the United States, the Two Hundred and Thirty-Third.

/s/ Jon S. Corzine
Governor

 

 

 


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