New Jersey § 52:13c-20

§ 52:13c-20.

For the purposes of this act, as amended and supplemented, unless the context clearly

requires a different meaning: a. The term “ person ” includes an individual, partnership, committee, association, corporation, and any

other organization or group of persons. b. The term “ legislation ” includes all bills, resolutions, amendments, nominations and appointments pending

or proposed in either House of the Legislature, and all bills and resolutions which,

having passed both Houses, are pending approval by the Governor. c. The term “ Legislature ” includes the Senate and General Assembly of the State of New Jersey and all committees

and commissions established by the Legislature or by either House thereof. d. The term “ lobbyist ” means any person, partnership, committee, association, corporation, labor union

or any other organization that employs, engages or otherwise uses the services of

any governmental affairs agent to influence legislation, regulation or governmental

processes. e. (1) The term “ Governor ” includes the Governor or the Acting Governor ; and (2) the term “ Lieutenant Governor ” means the person elected to that office, or appointed to fill a vacancy therein,

pursuant to Article V, Section I of the New Jersey Constitution . f. The term “ communication with a member of the Legislature ”, “ with legislative staff ,” “ with the Governor ,” “ with the Lieutenant Governor ,” “ with the Governor's staff ,” or “ with an officer or staff member of the Executive Branch ” means any communication, oral or in writing or any other medium, addressed, delivered,

distributed or disseminated, respectively, to a member of the Legislature, to legislative

staff, to the Governor, to the Lieutenant Governor, to the Governor's staff, or to an officer or staff member of the Executive Branch,

as distinguished from communication to the general public including but not limited

to a member of the Legislature, legislative staff, the Governor, the Lieutenant Governor, the Governor's staff, or an officer or staff member of the Executive Branch. If any person shall obtain, reproduce or excerpt any communication or part thereof

which in its original form was not a communication under this subsection and shall

cause such excerpt or reproduction to be addressed, delivered, distributed or disseminated

to a member of the Legislature, to legislative staff, to the Governor, to the Lieutenant Governor, to the Governor's staff, or to an officer or staff member of the Executive Branch,

such communication, reproduction or excerpt shall be deemed a communication with the

member of the Legislature, with legislative staff, with the Governor, with the Lieutenant Governor, with the Governor's staff, or with an officer or staff member of the Executive Branch

by such person. g. The term “ governmental affairs agent ” means any person who receives or agrees to receive, directly or indirectly, compensation,

in money or anything of value including reimbursement of his expenses where such reimbursement

exceeds $100.00 in any three-month period, to influence legislation, to influence

regulation or to influence governmental processes, or all of the above, by direct

or indirect communication with, or by making or authorizing, or causing to be made

or authorized, any expenditures providing a benefit to, a member of the Legislature,

legislative staff, the Governor, the Lieutenant Governor, the Governor's staff, or any officer or staff member of the Executive Branch, or

who holds himself out as engaging in the business of influencing legislation, regulation

or governmental processes, by such means, or who incident to his regular employment

engages in influencing legislation, regulation or governmental processes, by such

means; provided, however, that a person shall not be deemed a governmental affairs

agent who, in relation to the duties or interests of his employment or at the request

or suggestion of his employer, communicates with a member of the Legislature, with

legislative staff, with the Governor, with the Lieutenant Governor, with the Governor's staff, or with an officer or staff member of the Executive Branch

concerning any legislation, regulation or governmental process, if such communication

is an isolated, exceptional or infrequent activity in relation to the usual duties

of his employment. h. The term “ influence legislation ” means to make any attempt, whether successful or not, to secure or prevent the initiation

of any legislation, or to secure or prevent the passage, defeat, amendment or modification

thereof by the Legislature, or the approval, amendment or disapproval thereof by the

Governor in accordance with his constitutional authority. i. The term “ statement ” includes a notice of representation or a report required by this act, as amended

and supplemented. j. (Deleted by amendment, P.L.1991, c. 243 ). k. The term “ member of the Legislature ” includes any member or member-elect of, or any person who shall have been selected

to fill a vacancy in, the Senate or General Assembly, and any other person who is

a member or member-designate of any committee or commission established by the Legislature

or by either House thereof. l . The term “ legislative staff ” includes all staff, assistants and employees of the Legislature or any of its members

in the member's official capacity, whether or not they receive compensation from the

State of New Jersey. m. The term “ Governor's staff ” includes the members of the Governor's Cabinet, the Secretary to the Governor, the

Counsel to the Governor and all professional employees in the office of the Counsel

to the Governor, and all other employees of the Office of the Governor , including employees of that office who may be assigned by the Governor to assist

the Lieutenant Governor . n. The term “ officer or staff member of the Executive Branch ” means any assistant or deputy head of a principal department in the Executive Branch

of State Government, including all assistant and deputy commissioners; the members

and chief executive officer of any authority, board, commission or other agency or

instrumentality in or of such a principal department; and any officer of the Executive

Branch of State Government other than the Governor who is not included among the foregoing

or among the Governor's staff, but including the Lieutenant Governor when the Lieutenant Governor has been appointed

by the Governor to serve in any of the foregoing positions, but who is empowered by law to issue, promulgate or adopt administrative rules and

regulations or to administer governmental processes, and any person employed in the

office of such an officer who is involved with the development, issuance, promulgation

or adoption of such rules and regulations or administration of governmental processes

in the regular course of employment. o . The term “ regulation ” includes any administrative rule or regulation affecting the rights, privileges,

benefits, duties, obligations, or liabilities of any one or more persons subject by

law to regulation as a class, but does not include an administrative action (1) to

issue, renew or deny, or, in an adjudicative action, to suspend or revoke, a license,

order, permit or waiver under any law or administrative rule or regulation, (2) to

impose a penalty, or (3) to effectuate an administrative reorganization within a single

principal department of the Executive Branch of State Government. p. The term “ influence regulation ” means to make any attempt, whether successful or not, to secure or prevent the proposal

of any regulation or to secure or prevent the consideration, amendment, issuance,

promulgation, adoption or rejection thereof by an officer or any authority, board,

commission or other agency or instrumentality in or of a principal department of the

Executive Branch of State Government empowered by law to issue, promulgate or adopt

administrative rules and regulations. q. The term “ expenditures providing a benefit ” or “ expenditures providing benefits ” means any expenditures for entertainment, food and beverage, travel and lodging,

honoraria, loans, gifts or any other thing of value, except for (1) any money or thing

of value paid for past, present, or future services in regular employment, whether

in the form of a fee, expense, allowance, forbearance, forgiveness, interest, dividend,

royalty, rent, capital gain, or any other form of recompense, or any combination thereof,

or (2) any dividends or other income paid on investments, trusts, and estates. r. The term “ commission ” means the Election Law Enforcement Commission established pursuant to section 5

of P.L.1973, c. 83 ( C.19:44A-5 ). s. The term “ communication with the general public ” means any communication: (1) disseminated to the general public through direct mail or in the form of a paid

advertisement in a newspaper, magazine, or other printed publication of general circulation

or aired on radio, television, or other broadcast medium, and (2) which explicitly supports or opposes a particular item or items of legislation

or regulation, or the content of which can reasonably be understood, irrespective

of whether the communication is addressed to the general public or to persons in public

office or employment, as intended to influence legislation or to influence regulation. t. The terms “ influence governmental processes ”, “ influencing governmental processes ” or “ influence governmental process ” means to make any attempt, whether successful or not, to assist a represented entity

or group to engage in communication with, or to secure information from, an officer

or staff member of the Executive Branch, or any authority, board, commission or other

agency or instrumentality in or of a principal department of the Executive Branch

of State Government, empowered by law to administer a governmental process or perform

other functions that relate to such processes. u. The term “ governmental process ” means: promulgation of executive orders; rate setting; development, negotiation, award, modification or cancellation of public contracts; issuance, denial, modification, renewal, revocation or suspension of permits, licenses

or waivers; procedures for bidding; imposition or modification of fines and penalties; procedures for purchasing; rendition of administrative determinations; and award, denial, modification, renewal or termination of financial assistance, grants

and loans. v. The term “ public contract ” means a contract the cost or price of which is to be paid with or out of State funds

or the funds of an independent authority created by the State or by the Legislature.