Political Contributions Compliance
Public Law 2005,
Chapter 51 & Executive Order 117 (2008)
In order to safeguard the integrity of State government procurement by imposing restrictions to insulate the negotiation and award of State contracts from political contributions that pose the risk of improper influence, purchase of access, or the appearance thereof, then-Governor James E. McGreevey issued Executive Order 134 on September 22, 2004. To this end, Executive Order 134 prohibited State departments, agencies and authorities from entering into contracts exceeding $17,500 with individuals or entities that made certain political contributions. Executive Order 134 was superseded by Public Law 2005, c. 51, which was signed into law on March 22, 2005 (“Chapter 51”).
On September 24, 2008, Governor Jon S. Corzine issued Executive Order No. 117 (“E.O. 117”), which is designed to enhance New Jersey’s efforts to protect the integrity of procurement decisions and increase the public’s confidence in government. The Executive Order builds upon the provisions of Chapter 51. The Executive Orders and the legislation itself contain additional restrictions and reporting requirements that necessitate a thorough review of the provisions.
To view Executive Order 134, click
To view Public Law 2005, Chapter
To view Executive Order 117, click here.
Click here to access EO117 impact on C.51
To be eligible for an award, a vendor must comply with the requirements of Public Law 2005, Chapter 51 (N.J.S.A. 19:44A-20.13-20.25, superseding Executive Order 134 (2004) and comply with Executive Order 117(2008).
NEW JERSEY BUSINESS REGISTRATION CERTIFICATE REQUIREMENT
A New Jersey Business Registration Certificate (BRC) is required for the processing of Chapter 51/Executive Order 117 Vendor Certification and Disclosure of Political Contributions forms. Those business entities seeking political contribution compliance with the State of New Jersey must first obtain a BRC prior to submitting documents for approval.
All vendor C.51/EO117 certifications are approved for a two-year period effective the date of approval. The vendor’s certification approval is valid statewide for any State Agency contract. New documents are only required to be submitted if, during the two year timeframe, the vendor makes reportable political contributions or has a change in their ownership structure. Notification of compliance status is sent to the contracting State Agency.
DISCLOSURE FORMS AND INSTRUCTIONS: Are available on the website under Doing Business – Vendor Forms.
Please address all questions by sending your inquiries here.
Business Entity Annual Disclosure Statement
A business entity that receives $50,000 or more through agreements or contracts with New Jersey public entities is required to file the electronic annual disclosure statement (Form BE) with the New Jersey Election Law Enforcement Commission on or before March 30th of each calendar year. For information, forms, and instructions, visit https://wwwnet1.state.nj.us/lpd/elec/ptp/Form.aspx.
Note: On January 13, 2008, P.L.2007, c.304 was signed into law by Governor Corzine to clarify that the pay-to-play disclosure laws do not apply to nonprofit entities. As a result, nonprofits that contract with government entities are no longer required to file the Business Entity Annual Statement with the Election Law Enforcement Commission (ELEC). Nonprofits are also no longer required to file similar disclosure documents with a government contracting agency prior to the award of a contract.
Executive Order 118
On September 24, 2008, Governor Jon S. Corzine issued EO 118, which is designed to protect the integrity of government contractual decisions pertaining to redevelopment projects. The executive order applies to the State Redevelopment entities and those redevelopers that enter or propose to enter into an agreement with the state entity. The Executive Order itself contains restrictions and reporting requirements that necessitate a thorough review.
To view Executive Order 118, click here.
Click here to access the EO 118 Q&A
List of State Redevelopment Entities for the purpose of EO 118 Click Here for further information.