Bill > A2524

Introduced Session

This bill would apply the same statutory ethics and conflicts-of- interest standards for casino industry regulators and participants to any regulators of and participants in a legalized marijuana marketplace, if marijuana is legalized in this State. An appointed officer or employee of any department, division, office, bureau, board, commission, public authority, public agency, or other public body, including any public body that is in but not of a particular part of the executive branch, which is granted authority under any State law to regulate a legalized marijuana marketplace would be subject to such ethical and conflicts-of-interest restrictions, addressing activities engaged in prior to, during, and following their public service. For instance, a person generally could not be an appointed officer or employee if, during the period commencing three years prior to appointment or employment, the person held any direct or indirect interest in, or any employment by, any holder of, or applicant for, a marijuana license, permit, certification, or other form of document which authorizes the recipient thereof to engage in activities associated with a legalized marijuana marketplace, unless the person's prior interest would not, in the opinion of the particular public body, interfere with the person's obligations of appointment or employment; and generally, for a period of four years commencing from the date that an appointed officer's or employee's service terminates, that former officer or employee would not be permitted to hold any direct or indirect interest in, or any employment by, a holder of or applicant for any form of authorizing marijuana documentation (this four-year post-service restriction would not apply to secretarial or clerical employees). At the time of commencing service, each appointed officer and employee, with the exception of secretarial and clerical employees, would be required to file a financial disclosure statement with the State Ethics Commission, listing all assets and liabilities, property and business interests, and sources of income of the person, and the person's spouse, domestic partner, or partner in a civil union couple. Additionally, appointed officers would have to supply the same information for their parents, brothers, sisters, and children. The appointed officers and employees would generally be subject to the "New Jersey Conflicts of Interest Law," P.L.1971, c.182 (C.52:13D-12 et seq.), as well as a Code of Ethics promulgated by the particular public body that is modeled upon the Code of Judicial Conduct of the American Bar Association, as amended and adopted by the New Jersey Supreme Court. All officers and employees would be prohibited from using any official authority to interfere with or affect the result of an election or nomination for office, coerce or advise any person to contribute anything of value to another person or organization for political purposes, or take active part in any political campaign. For appointed officers and any employee holding a supervisory or policy-making management position, the bill also provides a prohibition on making any political contributions as that term is defined in "The New Jersey Campaign Contributions and Expenditures Reporting Act," P.L.1973, c.83 (C.19:44A-1 et seq.). The "New Jersey Conflicts of Interest Law" is also amended to establish restrictions on various State officers or employees, the Governor and full-time professionals employed in the Governor's Office, members of the Legislature or Judiciary, and municipal officers of a municipality wherein a business or organization authorized under any State law to engage in activities associated with a legalized marijuana marketplace is located, with respect to their own activities, and the activities of their associated partnerships, firms, or corporations, or their family members in connection with either employment or another interest in, or representation of, any holder of, or applicant for, a marijuana license, permit, certification, or other form of authorizing document. The restrictions, being the same as the current restrictions on these people and businesses concerning casino licensees and applicants, and casino-related activities, include a general prohibition on employment, representation, appearance for, or negotiation on behalf of, any holder of, or applicant for, an authorizing document in connection with any cause, application, or matter, and these restrictions can carry over into the post-employment or post-service period following the departure of a person from State or local employment or office. The ethical and conflicts-of-interest restrictions would be enforced by the State Ethics Commission, and any person found to have committed a violation would be subject to a civil penalty of not less than $500 or more than $10,000. Additionally, any willful violation of the restrictions that are applicable to the above State or municipal elected, appointed, or employed persons, their associated partnerships, firms, or corporations, or their family members would be considered a disorderly persons offense, punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both. If a marijuana regulating department, division, office, bureau, board, commission, public authority, public agency, or other public body found that a holder of, or applicant for, an authorizing document to engage in activities associated with a legalized marijuana marketplace had committed a violation involving an appointed officer or employee with respect to pre-service activities, activities during service, or post-service activities, that document holder or applicant would be subject to a civil penalty of not less than $500 or more than $10,000, and possible document revocation or suspension, or denial of an application, as applicable.

Committee Categories

Erik Peterson (R)*, 

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

Official Document