N.J. Admin. Code § 19:25-20.10

Current through Register Vol. 56, No. 21, November 4, 2024

Section 19:25-20.10 - Receipts

(a) The following receipts of a represented entity or governmental affairs agent, which relate to communication with, or providing benefits to, any member of the Legislature, legislative staff, the Governor, the Governor's staff, or an officer or staff member of the Executive Branch, which relate to influencing legislation, regulations, or governmental processes, or to communication with the general public, shall be included in the annual report:

1. Fees, salary, allowances or other compensation paid to a governmental affairs agent. Receipts required to be reported pursuant to this paragraph shall be detailed as to amount, from whom received and for what purpose. A law firm, advertising agency, public relations firm, accounting firm or similar organization which spends only a portion of its time in legislative or regulatory activity, in influencing governmental processes, or for communication with the general public on behalf of a represented entity shall be required to report only that portion of its fees as are related to influencing legislation, influencing regulation, influencing governmental processes, or for communication with the general public.

2. Contributions, loans (except for loans made in the ordinary course of business on substantially the same terms as those prevailing for comparable transactions with other persons) or membership fees or dues received by a represented entity. Such contributions, loans, fees or dues received by a represented entity are reportable if they are made to a represented entity whose major purpose is to influence legislation, influence regulation, influence governmental processes, or conduct communication with the general public. For purposes of this paragraph, a represented entity shall be deemed to be engaged in influencing legislation, influencing regulation, influencing governmental processes, or conducting communication with the general public, as its major purpose for any calendar year in which expenditures related to such activity constitute more than 50 percent of its total expenditures for all purposes. If, under the above test, it is not the major purpose of the represented entity to influence legislation, influence regulation, influence governmental processes, or conduct communication with the general public, the contributions, loans, fees and dues received by the represented entity are not reportable by such organization, unless made to the represented entity with the specific intent that the contributions, loans, fees or dues be employed to influence legislation, influence regulation, influence governmental processes, or conduct communications with the general public (in which case they are reportable as outlined below). If the major purpose of the represented entity is to engage in influencing legislation, influencing regulation, influencing governmental processes, or conducting communication with the general public, the contributions, loans, membership fees or dues received by the represented entity shall be reported hereunder in the aggregate in the same proportion as the activities of the represented entity are related to influencing legislation, influencing regulation, influencing governmental processes, or conducting communication with the general public, along with the name and address of the contributor(s) whose contribution(s), allocated as outlined above, aggregate more than $ 100.00 during the calendar year.

Example 1: Trade Association XYZ engages in a wide range of activities, including trade shows, public relations, newsletters to its members, etc., and influencing legislation. This activity is done through a paid contract governmental affairs agent in Trenton as well as by communications by employees of the Trade Association. XYZ expends over $ 2,500 during the course of the calendar year on this lobbying activity, although this expense constitutes less than 50 percent of its total expenditures for all purposes for that year. Trade Association XYZ is a represented entity required to file an annual report. However, it need not report its contributions.

Example 2: Trade Association EFG has the same fact situation as above, except that Trade Association EFG's lobbying expenses constitute more than 50 percent (for example, 80 percent) of its expenditures for all purposes for the year. EFG must file an annual report as a represented entity, including therein an aggregate allocated figure for lobbying contributions made to it (80 percent of each contribution must be allocated to lobbying for reporting purposes; the aggregate is then reported). EFG must also report the name and address of all those contributors whose contributions, after being allocated to lobbying, exceed $ 100.00.

N.J. Admin. Code § 19:25-20.10

Amended by R.1992 d.32, effective 1/21/1992.
See: 23 N.J.R. 3077(a), 24 N.J.R. 298(a).
Recodified from 19:25-20.6. Revised text. Prior text at section "Audit by commission: recordkeeping" recodified to 19:25-20.14.
Amended by R.2005 d.427, effective 12/5/2005 (operative date of January 1, 2006).
See: 37 N.J.R. 2838(a), 37 N.J.R. 4559(a).
Rewrote the section.
Amended by R.2007 d.230, effective 8/6/2007.
See: 39 N.J.R. 626(a), 39 N.J.R. 3409(a).
In the introductory paragraph of (a), inserted a comma following "agent", deleted "or" following "Executive Branch,", and inserted "legislation, regulations, or".
Amended by R.2012 d.205, effective 12/17/2012.
See: 44 N.J.R. 2049(a), 44 N.J.R. 3077(a).
Substituted "represented entity" for "lobbyist" throughout.