|
Corzine signs package of good government laws BY REBECCA MORTON Staff Writer Gov. Jon Corzine signed a series of what have been dubbed good government bills into law on the morning of Sept. 4 at the Marlboro library.
State Sen. Ellen Karcher (D-Monmouth and Mercer) opened the event by introducing the new laws. Karcher said the goal of the new laws was to "create government of which we can be proud."
Corzine spoke of how proud he was of the bipartisan effort that took place in the Legislature to bring these bills to law. He commented that when all come together it is easier to achieve goals.
The Public Corruption Profiteering Penalty Act (S-1318) authorizes a court to impose a public corruption profiteering penalty, providing that the defendant is found guilty beyond a reasonable doubt of a crime, attempt, or conspiracy to commit a crime, which involves the negotiation, award, performance or payment of a local, county or state contract.
Some of the crimes included in the bill are fraud, bribery in official and political matters, and receipt or offer of an unlawful benefit. Under this law if a person is convicted of a first degree crime the additional penalty would be $500,000. The profiteering penalty cannot be revoked or reduced.
Also becoming law was S-1192 which establishes the crime of corruption of public resources. This law makes it a crime to knowingly use or make disposition of a public resource or any portion of it for an unauthorized purpose.
A public resource is defined as any funds or property provided by the government, or a person acting on behalf of the government. A purpose is unauthorized if it is not the specified purpose or purposes for which a public resource is obligated to be used. This bill creates an inference that an actor knew that a public resource was used for an unauthorized purpose so long as there is proof of a false statement, report, or failure to prepare a required report.
If the public resource involved is to be used to perform or facilitate the performance of a governmental function or public service, corruption of public resources constitutes a first degree crime if the amount or value of the resource involved is $500,000 or more. For values between $75,000 and $500,000 it is a second degree crime. Third degree is for any value below $75,000.
An amendment to an existing statute that will prohibit elected public office holders from simultaneously holding more than one elective office also was signed by Corzine on Sept. 4.
Under this bill no one will be permitted to be an elected member of the state Senate or Assembly and at the same time hold any other elective office (i.e. an individual may not be a municipal council member and a state senator or assemblyman). In addition, no one may simultaneously hold an elective county office and an elective municipal office (i.e. an individual may not be a county freeholder and a municipal council member at the same time).
The prohibition will not apply to an elected official who simultaneously holds more than one elective public office on the bill's effective date (Feb. 1, 2008) as long as service in those particular offices is continuous following the effective date.
Corzine and the Assembly and Senate members who were present for the bill signing in Marlboro commented that the approved ban on dual office holding was not exactly what they had hoped for but they compromised.
The governor explained that 17 individuals will be grandfathered in and would be able to maintain their dual offices.
The signing also enacted a bill (S- 1662) requiring the Office of Legislative Services to make complete voting records of legislators available to the public in electronic form. The bills are to be updated on a daily basis and made available and maintained for the two-year legislative term in progress and the immediate preceding term.
|