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State of New Jersey
Executive Order #78

Governor James J. Florio

WHEREAS, the people of this State are entitled to a government in which every effort is made to eliminate both the actuality and the appearance of impropriety; and

WHEREAS, concerns exist about the role of members of the Legislature in the process used for the leasing of real property by State agencies; and

WHEREAS, a prohibition against State agency leases involving members of the Legislature or members of their families will benefit both the members of the Legislature and the State agency officials responsible for leasing by providing a bright-line rule to guide their conduct;

NOW, THEREFORE, I, JAMES J. FLORIO, 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. As used in this Order, the following terms have the following meanings:

a. "State agency" means any of the principal departments in the Executive Branch of the State Government and any division, board, bureau, office, commission, or other instrumentality within, created by, or allocated to such department.

b. "Interest" means (1) the ownership or control of more than one percent of the profits or assets of a firm, association, or partnership, or more than one percent of the stock in a corporation for profit other than a professional service corporation organized under the "Professional Service Corporation Act," P.L.[1969, c.232 (C.14A:17-1 et seq.); and (2) the holding of the status of shareholder, associate, partner, or professional employee of a professional service corporation or of any other firm, partnership or association that provides professional services regardless of the extent or amount of shareholder interest in the corporation or of the amount of the assets or profits of the firm, partnership or association owned or controlled.

c. "Member of the immediate family" of any person means the person's spouse, child, parent, or sibling residing in the same household.

2. a. Notwithstanding the provisions of sections 4 and 8 of P.L.1971, c.182 (C.52:13D-15 et al) or any other law to the contrary and except as provided in subsection b. of this section, a State agency shall not lease or purchase real property, title to which is held, in whole or in part, by a member of the Legislature or a member of his or her immediate family, by any partnership, firm or corporation in which the member has an interest, or by a trust of any nature into which a member has placed control of real property regardless of whether or not the member has retained control of the trust assets or has knowledge of the management of trust assets.

b. A State agency may acquire real property the acquisition of which is prohibited by subsection a. of this section only pursuant to the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.).

3. This Order shall take effect immediately.

GIVEN, under my hand and seal this
12th day of January in the Year of Our
Lord, One Thousand Nine Hundred and
Ninety Three, and of the Independence
of the United States, the Two Hundred
and Seventeenth

/s/ Jim Florio
GOVERNOR

Attest:

/s/ M. Robert DeCotiis
Chief Counsel to the Governor

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