N.J. Admin. Code § 19:25-20.3B

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

Section 19:25-20.3B - $ 250.00 annual limit on gifts

(a) Except as expressly authorized by N.J.S.A. 52:13D-24 and 52:13D-24.1, or when the represented entity or governmental affairs agent is a member of the immediate family of the officer or staff member of the Executive Branch or member of the Legislature or legislative staff, no represented entity or governmental affairs agent shall offer or give or agree to offer or give, directly or indirectly, any compensation, reward, employment, gift, honorarium or other thing of value to an officer or staff member of the Executive Branch or member of the Legislature or legislative staff, totaling more than $ 250.00 in a calendar year.

(b) The $ 250.00 limit in (a) above shall not apply to any compensation, reward, gift, honorarium or other thing of value if:

1. It is received in the course of employment, from an employer other than the State, of an individual covered in (a) above or a member of the immediate family; or

2. It is received from a member of the immediate family when the family member received such in the course of his or her employment.

(c) Calculation of the $ 250.00 limit in (a) above on offering or giving, or agreeing to offer or give, any compensation, reward, gift, honorarium or other thing of value shall also include any compensation, reward, employment, gift, honorarium or other thing of value given, directly or indirectly, to each member of the immediate family of the officer or staff member of the Executive Branch or member of the Legislature or legislative staff.

(d) As used in this section, the term "member of the immediate family" shall mean a spouse, child, parent, or sibling of a member of the Legislature residing in the same household as the member of the Legislature.

(e) The $ 250.00 limit in (a) above on offering or giving, or agreeing to offer or give, any compensation, reward, gift, honorarium or other thing of value shall not apply if an officer or staff member of the Executive Branch or member of the Legislature or legislative staff who accepted any compensation, reward, gift, honorarium or other thing of value offered or given by a represented entity or governmental affairs agent makes a full reimbursement, within 90 days of acceptance, to the represented entity or governmental affairs agent in an amount equal to the money accepted or the fair market value of that which was accepted if other than money. As used in this subsection, "fair market value" means the actual cost of the compensation, reward, gift, honorarium or other thing of value accepted.

(f) If a represented entity or governmental affairs agent receives reimbursement pursuant to (e) above, the represented entity or governmental affairs agent shall report the receipt and amount of such reimbursement in the Annual Report, and the receipt of such a reimbursement does not remove or alter the requirement that the represented entity or governmental affairs agent report the expenditure and the recipient of the compensation, reward, gift, honorarium or other thing of value on its Annual Report filed pursuant to this subchapter.

(g) Any reimbursement or payment of expenses for travel, subsistence, and entertainment, made by a represented entity or governmental affairs agent pursuant to N.J.S.A. 52:13D-24, shall be subject to reporting as an expenditure on the Annual Report filed by the represented entity or governmental affairs agent pursuant to this subchapter.

N.J. Admin. Code § 19:25-20.3B

New Rule 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).
Amended by R.2012 d.205, effective 12/17/2012.
See: 44 N.J.R. 2049(a), 44 N.J.R. 3077(a).
In (a), (e), (f) and (g), substituted "represented entity" for "lobbyist" throughout.