S2922 1R

An Act concerning the form public officers and employees use to file financial disclosure statements with public bodies, amending P.L.1991, c.393 and P.L.1991, c.29, and supplementing P.L.1971, c.182 (C.52:13D-12 et ¹[seq.] al.¹) ¹and P.L.1999, c.349 (C.2B:25-1 et seq.)¹.

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

1. (New section) The State Ethics Commission, in consultation with the ¹Office of the Attorney General, the Joint Legislative Committee on Ethical Standards established pursuant to section 11 of P.L.1971, c.182 (C.52:13D-22), the¹ School Ethics Commission established pursuant to section 7 of P.L.1991, c.393 (C.18A:12-27) ¹,¹ and the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs established pursuant to section 1 of P.L.1974, c.35 (C.52:27D-18.1), shall develop and make available on its official website a universal financial disclosure form within 90 days of the effective date of this act, P.L. , c. (pending before the Legislature as this bill). The universal form shall be designed to enable any person who is required by law, regulation, or executive order to file a financial disclosure statement with more than one government entity to do so by completing and submitting that single form, including any additional addenda that may be required for the particular office or position. For this purpose, the universal form shall meet all content requirements for disclosure as stipulated by any applicable law, regulation, or executive order.

¹The universal form shall be filed with each applicable government entity and the accompanying addenda shall be filed only with the respective government entity or entities requiring such addenda. Any addenda or other information received by a government entity, which is not required to be filed with that government entity, shall promptly be disregarded and shall not be considered a public record in the custody of that government entity for the purposes of a public records request.¹

A link to the universal form shall also be provided by the ¹Office of the Attorney General, the¹ School Ethics Commission ¹,¹ and the Local Finance Board on their respective official websites.

2. Section 6 of P.L.1991, c.393 (C.18A:12-26) is amended to read as follows:

6. a. Each school official shall annually file a financial disclosure statement with the School Ethics Commission. All financial disclosure statements filed pursuant to this act shall include the following information which shall specify, where applicable, the name and address of each source and the school official's position:

(1) Each source of income, earned or unearned, exceeding $2,000 received by the school official or a member of his immediate family during the preceding calendar year. Individual client fees, customer receipts or commissions on transactions received through a business organization need not be separately reported as sources of income. If a publicly traded security or interest derived from a financial institution is the source of income, the security or interest derived from a financial institution need not be reported unless the school official or member of his immediate family has an interest in the business organization or financial institution;

(2) Each source of fees and honorariums having an aggregate amount exceeding $250 from any single source for personal appearances, speeches or writings received by the school official or a member of his immediate family during the preceding calendar year;

(3) Each source of gifts, reimbursements or prepaid expenses having an aggregate value exceeding $250 from any single source, excluding relatives, received by the school official or a member of his immediate family during the preceding calendar year; and

(4) The name and address of all business organizations in which the school official or a member of his immediate family had an interest during the preceding calendar year.

b. (1) The commission shall prescribe a financial disclosure statement form for filing purposes. Initial financial disclosure statements shall be filed within 90 days following the effective date of this act. Thereafter, statements shall be filed on or before April 30th each year.

(2) Upon the implementation of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the commission shall include a link to the universal financial disclosure form on its official website.

c. All financial disclosure statements filed shall be public records ¹, except that no personal identifying information other than the name of the school official filing the financial disclosure statement shall be disclosed as part of the public record.

As used in this section, "personal identifying information" means information that may be used, alone or in conjunction with any other information, to identify a specific individual. Personal identifying information shall include, but shall not be limited to, the following data elements: social security number, credit card number, debit card number, bank account information, month and day of birth, any personal email address, personal telephone number, the street address portion of any person's primary or secondary home address, or driver license number of any person¹.

(cf: P.L.1991, c.393, s.6)

3. Section 6 of P.L.1991, c.29 (C.40A:9-22.6) is amended to read as follows:

6. a. Local government officers shall annually file a financial disclosure statement. All financial disclosure statements filed pursuant to P.L.1991, c.29 shall include the following information which shall specify, where applicable, the name and address of each source and the local government officer's job title:

(1) Each source of income, earned or unearned, exceeding $2,000 received by the local government officer or a member of his immediate family during the preceding calendar year. Individual client fees, customer receipts or commissions on transactions received through a business organization need not be separately reported as sources of income. If a publicly traded security is the source of income, the security need not be reported unless the local government officer or member of his immediate family has an interest in the business organization;

(2) Each source of fees and honorariums having an aggregate amount exceeding $250 from any single source for personal appearances, speeches or writings received by the local government officer or a member of his immediate family during the preceding calendar year;

(3) Each source of gifts, reimbursements or prepaid expenses having an aggregate value exceeding $400 from any single source, excluding relatives, received by the local government officer or a member of his immediate family during the preceding calendar year;

(4) The name and address of all business organizations in which the local government officer or a member of his immediate family had an interest during the preceding calendar year; and

(5) The address and brief description of all real property in the State in which the local government officer or a member of his immediate family held an interest during the preceding calendar year.

b. The Local Finance Board shall prescribe a financial disclosure statement form for filing purposes. For counties and municipalities which have not established ethics boards, the board shall transmit sufficient copies of the forms to the municipal clerk in each municipality and the county clerk in each county for filing in accordance with this act. The municipal clerk shall make the forms available to the local government officers serving the municipality. The county clerk shall make the forms available to the local government officers serving the county.

For counties and municipalities which have established ethics boards, the Local Finance Board shall transmit sufficient copies of the forms to the ethics boards for filing in accordance with this act. The ethics boards shall make the forms available to the local government officers within their jurisdiction.

For local government officers serving the municipality, the original statement shall be filed with the municipal clerk in the municipality in which the local government officer serves. For local government officers serving the county, the original statement shall be filed with the county clerk in the county in which the local government officer serves. A copy of the statement shall be filed with the board. In counties or municipalities which have established ethics boards a copy of the statement shall also be filed with the ethics board having jurisdiction over the local government officer. Local government officers shall file the initial financial disclosure statement within 90 days following the effective date of this act. Thereafter, statements shall be filed on or before April 30th each year, except that each local government officer shall file a financial disclosure statement within 30 days of taking office.

c. All financial disclosure statements filed shall be public records ¹, except that no personal identifying information other than the name of the local government officer filing the financial disclosure statement shall be disclosed as part of the public record.

d. (1) The Division of Local Government Services in the Department of Community Affairs may establish an electronic filing system for financial disclosure statements required to be filed pursuant to this section.

(2) Upon the implementation of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the division shall include a link to the universal financial disclosure form on its official website.

(cf: P.L.2015, c.95, s.22)

¹4. (New Section) a. Municipal prosecutors shall annually register with the Division of Criminal Justice in the Department of Law and Public Safety by filing a financial disclosure statement. Each prosecutor in municipalities with multiple persons authorized to act as municipal prosecutors shall register separately. Municipal prosecutors serving in multiple municipalities shall file a separate financial disclosure statement for each position they hold.

b. All financial disclosure statements filed pursuant to this section shall include the following information:

(1) The name, address, and phone number of any law firm in which the municipal prosecutor is employed;

(2) The name of the governing body that appointed the municipal prosecutor, and the term of office for which the municipal prosecutor was appointed;

(3) Any prior terms of service as a municipal prosecutor in any jurisdiction;

(4) Address and contact information for the municipal prosecutor’s office, including a phone number and email address;

(5) Any other local or State government employment that the municipal prosecutor holds;

(6) Each source of income, earned or unearned, exceeding $2,000 received by the municipal prosecutor or a member of their immediate family during the preceding calendar year. Individual client fees, customer receipts or commissions on transactions received through a business organization need not be separately reported as sources of income. If a publicly traded security is the source of income, the security need not be reported unless the municipal prosecutor or member of their immediate family has an interest in the business organization;

(7) Each source of fees and honorariums having an aggregate amount exceeding $250 from any single source for personal appearances, speeches or writings received by the municipal prosecutor or a member of their immediate family during the preceding calendar year;

(8) Each source of gifts, reimbursements or prepaid expenses having an aggregate value exceeding $400 from any single source, excluding relatives, received by the municipal prosecutor or a member of their immediate family during the preceding calendar year;

(9) The name and address of all business organizations in which the municipal prosecutor or a member of their immediate family had an interest during the preceding calendar year; and

(10) The address and brief description of all real property in the State in which the municipal prosecutor or a member of their immediate family held an interest during the preceding calendar year.

c. (1) The Attorney General shall prescribe a financial disclosure statement form for filing purposes. Statements shall be filed on or before April 30th each year.

(2) Upon the implementation of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the Attorney General shall include a link to the universal financial disclosure form on its official website.

d. All financial disclosure statements filed shall be public records, except that no personal identifying information other than the name of the municipal prosecutor filing the financial disclosure statement shall be disclosed as part of the public record.

e. As used in this section:

“Governing body” means the same as that term is defined in subsection b. of section 2 of P.L.1999, c.349 (C.2B:25-2).

“Interest” means the ownership or control of more than 10% of the profits, assets or stock of a business organization but shall not include the control of assets in a nonprofit entity or labor union.

“Member of immediate family” means the spouse or dependent child of a municipal prosecutor residing in the same household.

“Municipal prosecutor” means and includes a municipal prosecutor, municipal prosecutor of a joint municipal court, and municipal prosecutor of a central municipal court appointed pursuant to section 4 of P.L.1999, c.349 (C.2B:25-4).

“Personal identifying information" means information that may be used, alone or in conjunction with any other information, to identify a specific individual. Personal identifying information shall include, but shall not be limited to, the following data elements: social security number, credit card number, debit card number, bank account information, month and day of birth, any personal email address, personal telephone number, the street address portion of any person's primary or secondary home address, or driver license number of any person.¹

¹5. (New section) a. The Joint Legislative Committee on Ethical Standards may, at their discretion, accept the submission of the universal financial disclosure form established pursuant to section 1 of P.L. , c. (C. ), for any financial disclosures required to be made and submitted to the joint committee by a member of the Legislature. If accepted by the committee, the universal form shall be provided by the committee on their respective official website.

b. The committee shall not disclose, as part of any public records request or public disclosure, any personal identifying information other than the name of the legislator making a financial disclosure.

¹[4.] 6.¹ This act shall take effect immediately.