N.J. Admin. Code § 19:25-20.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 19:25-20.3 - Exemptions from the Act

(a) The provisions of the Act shall not apply to the following activities:

1. The acts of the government of the United States or of the State of New Jersey or of any other state or of any of the political subdivision or authorities or commissions of any of the foregoing, or any interstate authority or commission, or any official, employee, counsel or agent of any of the above when acting in his or her official capacity.

2. The publication or dissemination, in the ordinary course of business, of news items, advertising which does not constitute communication with the general public, editorials or other comments by a newspaper, book publisher, regularly published periodical, or radio or television station or similar media, including an owner, editor or employee thereof, nor the acts of a recognized school or institution of higher education, public or private, in conducting, sponsoring or subsidizing any classes, seminars, forums, discussions or other events, in the normal course of its business in which political information or discussion thereof or comment thereon is an integral part.

3. The acts of bona fide religious groups acting solely for the purpose of protecting the public right to practice the doctrine of such religious group.

4. The acts of a duly organized national, state or local committee of a political party.

5. The acts of a person in testifying before a legislative committee or commission, at a public hearing duly called by the Governor on legislative proposals or on legislation passed and pending his or her approval, or before any officer or body empowered by law to issue, promulgate or adopt administrative rules and regulations in behalf of a nonprofit organization incorporated as such in this State, who receives no compensation therefor beyond the reimbursement of necessary and actual expenses, and who makes no other communication with a member of the Legislature, legislative staff, the Governor, the Governor's staff, or an officer or staff member of the Executive Branch in connection with the subject of his or her testimony.

6. The acts of a person in communicating with or providing benefits to a member of the Legislature, legislative staff, the Governor, the Governor's staff, or an officer or staff member of the Executive Branch if such communication or provision of benefits is undertaken by him or her by exclusive use of his or her personal funds as a personal expression and not incident to his or her employment, even if it is upon a matter relevant to the interests of a person by whom or which he or she is employed, and if he or she receives no additional compensation or reward, in money or otherwise, for or as a result of such communication or provision of benefits.

7. A communication by an individual with an employee of a principal department in the Executive Branch of State government, or with an employee of any authority, board, commission, or other agency or instrumentality in or of a principal department of the Executive Branch of State government for a routine, ministerial matter. A communication for a routine, ministerial matter includes, but is not limited to, a communication to:

i. Schedule a meeting date, time, and place;

ii. Request the status of an administrative matter;

iii. Request procedures or forms;

iv. Request information concerning requirements to comply with existing laws or regulations;

v. Apply for a permit or license as required by law;

vi. Participate in an inspection required by law;

vii. Respond to an audit conducted pursuant to law;

viii. Make a contact as a salesperson for the sole purpose of selling goods or services;

ix. Inquire about the delivery of services or materials pursuant to an existing contract;

x. Provide advice or perform services pursuant to an existing contract;

xi. Prepare documents and materials in response to a request for proposal or to participate at a bid conference after bid specifications have been established;

xii. Respond to a subpoena;

xiii. Respond to a public emergency or condition involving public health or safety; or

xiv. Provide a response to a detailed request for specific information.

8. Participation by an individual in a task force, advisory board, or working group that is specifically established pursuant to statute or established by the head of a principal department in State government who has statutory authority to convene such groups, and where the following conditions are met:

i. The individual has been specifically nominated or invited to participate; and

ii. The individual receives no separate compensation for his or her service.

(b) The provisions of the Act regarding attempts to influence governmental processes shall not apply to the following:

1. Any communications, matters or acts of an attorney falling within the attorney-client privilege while engaging in the practice of law to the extent that confidentiality is required in order for the attorney to exercise his or her ethical duties as a lawyer;

2. Any communications by an attorney representing a client in the regular course of a routine litigation or administrative proceeding with the State, or in the course of a quasi-judicial civil or administrative proceeding with the State; or

3. Any communications, matters or acts involving collective negotiations, or the interpretation or violation of collective negotiation agreements, of a labor organization of any kind which exists or is constituted for the purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning the grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.

(c) An "administrative proceeding with the State" does not include attempts to influence legislation or to influence regulation, as those terms are used in this subchapter.

N.J. Admin. Code § 19:25-20.3

Amended by R.1992 d.32, effective 1/21/1992.
See: 23 N.J.R. 3077(a), 24 N.J.R. 298(a).
Revised text.
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).
In introductory paragraph of (a), deleted "regarding attempts to influence legislation or attempts to influence regulation" following "Act"; in (a)2, added "in" following "dissemination," and added "which does not constitute communication with the general public"; added (a)7, (a)8 and (b).
Amended by R.2007 d.230, effective 8/6/2007.
See: 39 N.J.R. 626(a), 39 N.J.R. 3409(a).
Added (c).