New Jersey § 52:13d-17

§ 52:13d-17.

a. As used in this section “ person ” means: (1)(a) with respect to casino activity, activity related to medical cannabis authorized

pursuant to P.L.2009, c. 307 ( C.24:6I-1 et al.), and activity related to personal use cannabis authorized pursuant to P.L.2021, c. 16 ( C.24:6I-31 et al.): the Governor; the President of the Senate; the Speaker of the General

Assembly; any full-time member of the Judiciary; any full-time professional employee

of the Office of the Governor; the head of a principal department; the assistant

or deputy heads of a principal department, including all assistant and deputy commissioners;

the head of any division of a principal department; (b) with respect to casino activity: any State officer or employee subject to financial

disclosure by law or executive order and any other State officer or employee with

responsibility for matters affecting casino activity; any special State officer or

employee with responsibility for matters affecting casino activity; any member of

the Legislature; any full-time professional employee of the Legislature; members

of the Casino Reinvestment Development Authority; or (c) with respect to activity related to medical cannabis authorized pursuant to P.L.2009, c. 307 ( C.24:6I-1 et al.) and activity related to personal use cannabis authorized pursuant to P.L.2021, c. 16 ( C.24:6I-31 et al.): any State officer or employee subject to financial disclosure by law or

executive order and any other State officer or employee with responsibility for matters

affecting medical cannabis activity or personal use cannabis activity; any special

State officer or employee with responsibility for matters affecting medical cannabis

activity or personal use cannabis activity; members of the Cannabis Regulatory Commission;

or (2)(a) any member of the governing body, or the municipal judge or the municipal attorney

of a municipality wherein a casino is located; any member of or attorney for the

planning board or zoning board of adjustment of a municipality wherein a casino is

located, or any professional planner, or consultant regularly employed or retained

by such planning board or zoning board of adjustment; or (b) any member of the governing body or the municipal judge of a municipality, any

member of the planning board or zoning board of adjustment, or any professional planner,

or consultant regularly employed or retained by such planning board or zoning board

of adjustment, of a municipality wherein a medical cannabis cultivator, medical cannabis

manufacturer, medical cannabis dispensary, or clinical registrant issued a permit

pursuant to P.L.2009, c. 307 ( C.24:6I-1 et al.), or wherein a cannabis cultivator, cannabis manufacturer, cannabis wholesaler,

cannabis distributor, cannabis retailer, or cannabis delivery service issued a license

pursuant to P.L.2021, c. 16 ( C.24:6I-31 et al.), is located. b. (1) No State officer or employee, nor any person, nor any member of the immediate

family of any State officer or employee, or person, nor any partnership, firm, or

corporation with which any such State officer or employee or person is associated

or in which he has an interest, nor any partner, officer, director, or employee while

he is associated with such partnership, firm, or corporation, shall hold, directly

or indirectly, an interest in, or hold employment with, or represent, appear for,

or negotiate on behalf of, any holder of, or applicant for, a casino license, or any

holding or intermediary company with respect thereto, in connection with any cause,

application, or matter, except as provided in section 3 of P.L.2009, c. 26 ( C.52:13D-17.3 ), and except that (a) a State officer or employee other than a State officer or employee

included in the definition of person, and (b) a member of the immediate family of

a State officer or employee, or of a person, may hold employment with the holder of,

or applicant for, a casino license if, in the judgment of the State Ethics Commission,

the Joint Legislative Committee on Ethical Standards, or the Supreme Court, as appropriate,

such employment will not interfere with the responsibilities of the State officer

or employee, or person, and will not create a conflict of interest, or reasonable

risk of the public perception of a conflict of interest, on the part of the State

officer or employee, or person. No special State officer or employee without responsibility for matters affecting

casino activity, excluding those serving in the Departments of Education, Health and

Human Services and the Office of the Secretary of Higher Education, shall hold, directly

or indirectly, an interest in any holder of, or applicant for, a casino license, or any holding or intermediary

company with respect thereto . However, a special State officer or employee without responsibility for matters

affecting casino activity may hold employment directly with , or may represent, appear for, or negotiate on behalf of, any holder of or applicant for a casino license or any holding or intermediary company

thereof and if so employed may hold, directly or indirectly, an interest in, or represent,

appear for, or negotiate on behalf of, that employer, except as otherwise prohibited

by law. (2) No State officer or employee, nor any person, nor any member of the immediate

family of any State officer or employee, or person, nor any partnership, firm, or

corporation with which any such State officer or employee or person is associated

or in which he has an interest, nor any partner, officer, director, or employee while

he is associated with such partnership, firm, or corporation, shall hold, directly

or indirectly, an interest in, or hold employment with, or represent, appear for,

or negotiate on behalf of, or derive any remuneration, payment, benefit, or any other

thing of value for any services, including but not limited to consulting or similar

services, from any holder of, or applicant for, a license, permit, or other approval

to conduct Internet gaming, or any holding or intermediary company with respect thereto,

or any Internet gaming affiliate of any holder of, or applicant for, a casino license,

or any holding or intermediary company with respect thereto, or any business, association,

enterprise, or other entity that is organized, in whole or in part, for the purpose

of promoting, advocating for, or advancing the interests of the Internet gaming industry

generally or any Internet gaming-related business or businesses in connection with

any cause, application, or matter, except as provided in section 3 of P.L.2009, c. 26 ( C.52:13D-17.3 ), and except that (a) a State officer or employee other than a State officer or employee

included in the definition of person, and (b) a member of the immediate family of

a State officer or employee, or of a person, may hold employment with the holder of,

or applicant for, a license, permit, or other approval to conduct Internet gaming,

or any holding or intermediary company with respect thereto, or any Internet gaming

affiliate of any holder of, or applicant for, a casino license, or any holding or

intermediary company with respect thereto if, in the judgment of the State Ethics

Commission, the Joint Legislative Committee on Ethical Standards, or the Supreme Court,

as appropriate, such employment will not interfere with the responsibilities of the

State officer or employee, or person, and will not create a conflict of interest,

or reasonable risk of the public perception of a conflict of interest, on the part

of the State officer or employee, or person. (3) No State officer or employee, nor any person, nor any member of the immediate

family of any State officer or employee, or person, nor any partnership, firm, or

corporation with which any such State officer or employee or person is associated

or in which he has an interest, nor any partner, officer, director, or employee while

he is associated with such partnership, firm, or corporation, shall hold, directly

or indirectly, an interest in, or hold employment with, or represent, appear for,

or negotiate on behalf of, any holder of, or applicant for, a medical cannabis cultivator,

medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant

permit issued pursuant to P.L.2009, c. 307 ( C.24:6I-1 et al.) or any entity that employs any certified medical cannabis handler to perform

transfers or deliveries of medical cannabis, or any holding or intermediary company

with respect thereto, or a cannabis cultivator, cannabis manufacturer, cannabis wholesaler,

cannabis distributor, cannabis retailer, or cannabis delivery service license issued

pursuant to P.L.2021, c. 16 ( C.24:6I-31 et al.), or any entity that employs or uses a certified personal use cannabis handler

to perform work for or on behalf of a licensed cannabis establishment, distributor,

or delivery service, or any holding or intermediary company with respect thereto,

in connection with any cause, application, or matter, except as provided in section

3 of P.L.2009, c. 26 ( C.52:13D-17.3 ), and except that (a) a State officer or employee other than a State officer or employee

included in the definition of person, and (b) a member of the immediate family of

a State officer or employee, or of a person, may hold employment with the holder of,

or applicant for, a medical cannabis cultivator, medical cannabis manufacturer, medical

cannabis dispensary, or clinical registrant permit or any entity that employs any

certified medical cannabis handler to perform transfers or deliveries of medical cannabis,

or a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor,

cannabis retailer, or cannabis delivery service license or any entity that employs

or uses a certified personal use cannabis handler to perform work for or on behalf

of a licensed cannabis establishment, distributor, or delivery service, if, in the

judgment of the State Ethics Commission, the Joint Legislative Committee on Ethical

Standards, or the Supreme Court, as appropriate, such employment will not interfere

with the responsibilities of the State officer or employee, or person, and will not

create a conflict of interest, or reasonable risk of the public perception of a conflict

of interest, on the part of the State officer or employee, or person. No special State officer or employee without responsibility for matters affecting

medical cannabis activity or personal use cannabis activity, excluding those serving

in the Departments of Education, Health and Human Services and the Office of the Secretary

of Higher Education, shall hold, directly or indirectly, an interest in any holder of, or applicant for, a medical cannabis cultivator, medical cannabis

manufacturer, medical cannabis dispensary, or clinical registrant permit or any entity

that employs any certified medical cannabis handler to perform transfers or deliveries

of medical cannabis, or any holding or intermediary company with respect thereto,

or a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor,

cannabis retailer, or cannabis delivery service license or any entity that employs

or uses a certified personal use cannabis handler to perform work for or on behalf

of a licensed cannabis establishment, distributor, or delivery service, or any holding

or intermediary company with respect thereto . However, a special State officer or employee without responsibility for matters

affecting medical cannabis activity or personal use cannabis activity may hold employment

directly with , or may represent, appear for, or negotiate on behalf of, any holder of or applicant for a medical cannabis cultivator, medical cannabis manufacturer,

medical cannabis dispensary, or clinical registrant permit, or any entity that employs

any certified medical cannabis handler to perform transfers or deliveries of medical

cannabis, or any holding or intermediary company thereof, or a cannabis cultivator,

cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer,

or cannabis delivery service license or any entity that employs or uses a certified

personal use cannabis handler to perform work for or on behalf of a licensed cannabis

establishment, distributor, or delivery service, or any holding or intermediary company

with respect thereto, and if so employed may hold, directly or indirectly, an interest

in, or represent, appear for, or negotiate on behalf of, that employer, except as

otherwise prohibited by law. c. (1) No person or any member of his immediate family, nor any partnership, firm,

or corporation with which such person is associated or in which he has an interest,

nor any partner, officer, director, or employee while he is associated with such partnership,

firm or corporation, shall, within two years next subsequent to the termination of

the office or employment of such person, hold, directly or indirectly, an interest

in, or hold employment with, or represent, appear for, or negotiate on behalf of,

any holder of, or applicant for, a casino license in connection with any cause, application

or matter, or any holding or intermediary company with respect to such holder of,

or applicant for, a casino license in connection with any phase of casino development,

permitting, licensure, or any other matter whatsoever related to casino activity,

except as provided in section 3 of P.L.2009, c. 26 ( C.52:13D-17.3 ), and except that: (a) a member of the immediate family of a person may hold employment with the holder

of, or applicant for, a casino license if, in the judgment of the State Ethics Commission,

the Joint Legislative Committee on Ethical Standards, or the Supreme Court, as appropriate,

such employment will not interfere with the responsibilities of the person and will

not create a conflict of interest, or reasonable risk of the public perception of

a conflict of interest, on the part of the person; (b) an employee who is terminated as a result of a reduction in the workforce at the

agency where employed, other than an employee who held a policy-making management

position at any time during the five years prior to termination of employment, may,

at any time prior to the end of the two-year period, accept employment with the holder

of, or applicant for, a casino license if, in the judgment of the State Ethics Commission,

the Joint Legislative Committee on Ethical Standards, or the Supreme Court, as appropriate,

such employment will not create a conflict of interest, or reasonable risk of the

public perception of a conflict of interest, on the part of the employee. In no case shall the restrictions of this subsection apply to a secretarial or clerical

employee. Nothing herein contained shall alter or amend the post-employment restrictions applicable

to members and employees of the Casino Control Commission and employees and agents

of the Division of Gaming Enforcement pursuant to paragraph (2) of subsection e. of

section 59 and section 60 of P.L.1977, c. 110 ( C.5:12-59 and C.5:12-60 ); and (c) any partnership, firm, or corporation engaged in the practice of law or in providing

any other professional services with which any person included in subparagraphs (a)

and (b) of paragraph (1) of subsection a. of this section, or a member of the immediate

family of that person, is associated, and any partner, officer, director, or employee

thereof, other than that person, or immediate family member, may represent, appear

for or negotiate on behalf of any holder of, or applicant for, a casino license in

connection with any cause, application or matter or any holding company or intermediary

company with respect to such holder of, or applicant for, a casino license in connection

with any phase of casino development, permitting, licensure or any other matter whatsoever

related to casino activity, and that person or immediate family member shall not be

barred from association with such partnership, firm or corporation, if for a period

of two years next subsequent to the termination of the person's office or employment,

the person or immediate family member (i) is screened from personal participation

in any such representation, appearance or negotiation; and (ii) is associated with

the partnership, firm or corporation in a position which does not entail any equity

interest in the partnership, firm or corporation. The exception provided in this subparagraph shall not apply to a former Governor,

Lieutenant Governor, Attorney General, member of the Legislature, person included

in subparagraph (a) of paragraph (2) of subsection a. of this section, or to the members

of their immediate families. (2) No person or any member of the person's immediate family, nor any partnership,

firm, or corporation with which such person is associated or in which the person has

an interest, nor any partner, officer, director, or employee while the person is associated

with such partnership, firm, or corporation, shall, within two years next subsequent

to the termination of the office or employment of such person, hold, directly or indirectly,

an interest in, or hold employment with, or represent, appear for, or negotiate on

behalf of, any holder of, or applicant for, a medical cannabis cultivator, medical

cannabis manufacturer, medical cannabis dispensary, or clinical registrant permit

issued pursuant to P.L.2009, c. 307 ( C.24:6I-1 et al.) or any entity that employs any certified medical cannabis handler to perform

transfers or deliveries of medical cannabis, or a cannabis cultivator, cannabis manufacturer,

cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery

service license issued pursuant to P.L.2021, c. 16 ( C.24:6I-31 et al.) or any entity that employs or uses a certified personal use cannabis handler

to perform work for or on behalf of a licensed cannabis establishment, distributor,

or delivery service in connection with any cause, application, or matter, or any holding

or intermediary company with respect to such holder of, or applicant for, a medical

cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or

clinical registrant permit or any entity that employs any certified medical cannabis

handler to perform transfers or deliveries of medical cannabis, or a cannabis cultivator,

cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer,

or cannabis delivery service license or any entity that employs or uses a certified

personal use cannabis handler to perform work for or on behalf of a licensed cannabis

establishment, distributor, or delivery service in connection with any phase of development,

permitting, licensure, or any other matter whatsoever related to medical cannabis

activity or personal use cannabis activity, except as provided in section 3 of P.L.2009, c. 26 ( C.52:13D-17.3 ), and except that: (a) a member of the immediate family of a person may hold employment with the holder

of, or applicant for, a medical cannabis cultivator, medical cannabis manufacturer,

medical cannabis dispensary, or clinical registrant permit issued pursuant to P.L.2009, c. 307 ( C.24:6I-1 et al.) or any entity that employs any certified medical cannabis handler to perform

transfers or deliveries of medical cannabis, or a cannabis cultivator, cannabis manufacturer,

cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery

service license issued pursuant to P.L.2021, c. 16 ( C.24:6I-31 et al.) or any entity that employs or uses a certified personal use cannabis handler

to perform work for or on behalf of a licensed cannabis establishment, distributor,

or delivery service if, in the judgment of the State Ethics Commission, the Joint

Legislative Committee on Ethical Standards, or the Supreme Court, as appropriate,

such employment will not interfere with the responsibilities of the person and will

not create a conflict of interest, or reasonable risk of the public perception of

a conflict of interest, on the part of the person; (b) an employee who is terminated as a result of a reduction in the workforce at the

agency where employed, other than an employee who held a policy-making management

position at any time during the five years prior to termination of employment, may,

at any time prior to the end of the two-year period, accept employment with the holder

of, or applicant for, a medical cannabis cultivator, medical cannabis manufacturer,

medical cannabis dispensary, or clinical registrant permit or any entity that employs

any certified medical cannabis handler to perform transfers or deliveries of medical

cannabis, or a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis

distributor, cannabis retailer, or cannabis delivery service license or any entity

that employs or uses a certified personal use cannabis handler to perform work for

or on behalf of a licensed cannabis establishment, distributor, or delivery service

if, in the judgment of the State Ethics Commission, the Joint Legislative Committee

on Ethical Standards, or the Supreme Court, as appropriate, such employment will not

create a conflict of interest, or reasonable risk of the public perception of a conflict

of interest, on the part of the employee. In no case shall the restrictions of this subsection apply to a secretarial or clerical

employee. Nothing herein contained shall alter or amend the post-service or post-employment

restrictions applicable to members and employees of the Cannabis Regulatory Commission

pursuant to paragraph (2) of subsection c. of section 34 and section 35 of P.L.2019, c. 153 ( C.24:6I-27 and C.24:6I-28 ); and (c) any partnership, firm, or corporation engaged in the practice of law or in providing

any other professional services with which any person included in subparagraphs (a)

and (c) of paragraph (1) of subsection a. of this section, or a member of the immediate

family of that person, is associated, and any partner, officer, director, or employee

thereof, other than that person, or immediate family member, may represent, appear

for, or negotiate on behalf of any holder of, or applicant for, a medical cannabis

cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical

registrant permit or any entity that employs any certified medical cannabis handler

to perform transfers or deliveries of medical cannabis, or a cannabis cultivator,

cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer,

or cannabis delivery service license or any entity that employs or uses a certified

personal use cannabis handler to perform work for or on behalf of a licensed cannabis

establishment, distributor, or delivery service in connection with any cause, application,

or matter or any holding company or intermediary company with respect to such holder

of, or applicant for, a medical cannabis cultivator, medical cannabis manufacturer,

medical cannabis dispensary, or clinical registrant permit or any entity that employs

any certified medical cannabis handler to perform transfers or deliveries of medical

cannabis, or a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis

distributor, cannabis retailer, or cannabis delivery service license or any entity

that employs or uses a certified personal use cannabis handler to perform work for

or on behalf of a licensed cannabis establishment, distributor, or delivery service

in connection with any phase of development, permitting, licensing, or any other matter

whatsoever related to medical cannabis activity or personal use cannabis activity,

and that person or immediate family member shall not be barred from association with

such partnership, firm, or corporation, if for a period of two years next subsequent

to the termination of the person's office or employment, the person or immediate family

member (i) is screened from personal participation in any such representation, appearance

or negotiation; and (ii) is associated with the partnership, firm, or corporation

in a position which does not entail any equity interest in the partnership, firm,

or corporation. The exception provided in this subparagraph shall not apply to a former Governor,

Lieutenant Governor, Attorney General, the President of the Senate, the Speaker of

the General Assembly, to a person included in subparagraph (b) of paragraph (2) of

subsection a. of this section, or to the members of their immediate families. d. This section shall not apply to the spouse of a State officer or employee, which

State officer or employee is without responsibility for matters affecting casino,

medical cannabis, or personal use cannabis activity, who becomes the spouse subsequent

to the State officer's or employee's appointment or employment as a State officer

or employee and who is not individually or directly employed by a holder of, or applicant

for, a casino license, medical cannabis permit, personal use cannabis license, or

any entity that employs or uses a certified personal use cannabis handler to perform

work for or on behalf of a licensed cannabis establishment, distributor, or delivery

service, or any holding or intermediary company thereof. e. The Joint Legislative Committee on Ethical Standards and the State Ethics Commission,

as appropriate, shall forthwith determine and publish, and periodically update, a

list of those positions in State government with responsibility for matters affecting

casino, medical cannabis activity, or personal use cannabis activity. f. (1) No person shall solicit or accept, directly or indirectly, any complimentary

service or discount from any casino applicant or licensee which he knows or has reason

to know is other than a service or discount that is offered to members of the general

public in like circumstance. (2) No person shall solicit or accept, directly or indirectly, any complimentary service

or discount from any holder of, or applicant for, a medical cannabis cultivator, medical

cannabis manufacturer, medical cannabis dispensary, or clinical registrant permit

issued pursuant to P.L.2009, c. 307 ( C.24:6I-1 et al.) or any entity that employs any certified medical cannabis handler to perform

transfers or deliveries of medical cannabis, or a cannabis cultivator, cannabis manufacturer,

cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery

service license issued pursuant to P.L.2021, c. 16 ( C.24:6I-31 et al.) or any entity that employs or uses a certified personal use cannabis handler

to perform work for or on behalf of a licensed cannabis establishment, distributor,

or delivery service which the person knows or has reason to know is other than a service

or discount that is offered to members of the general public in like circumstance. g. (1) No person shall influence, or attempt to influence, by use of his official

authority, the decision of the Casino Control Commission or the investigation of the

Division of Gaming Enforcement in any application for casino licensure or in any proceeding

to enforce the provisions of this act or the regulations of the commission. Any such attempt shall be promptly reported to the Attorney General; provided,

however, that nothing in this section shall be deemed to proscribe a request for information

by any person concerning the status of any application for licensure or any proceeding

to enforce the provisions of this act or the regulations of the commission. (2) No person shall influence, or attempt to influence, by use of the person's official

authority, the decision of the Cannabis Regulatory Commission in any application for

a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary,

or clinical registrant permit, or a cannabis cultivator, cannabis manufacturer, cannabis

wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery service

license, or in any proceeding to enforce the provisions of P.L.1981, c. 142 ( C.52:13D-17.2 et al.), P.L.2009, c. 307 ( C.24:6I-1 et al.), P.L.2021, c. 16 ( C.24:6I-31 et al.), or the regulations of the Cannabis Regulatory Commission. Any such attempt shall be promptly reported to the Attorney General; provided,

however, that nothing in this section shall be deemed to proscribe a request for information

by any person concerning the status of any permit or license application, or any proceeding

to enforce the provisions of P.L.1981, c. 142 ( C.52:13D-17.2 et al.), P.L.2009, c. 307 ( C.24:6I-1 et al.), P.L.2021, c. 16 ( C.24:6I-31 et al.), or the regulations of the Cannabis Regulatory Commission. h. Any person who willfully violates the provisions of this section is a disorderly

person and shall be subject to a fine not to exceed $1,000, or imprisonment not to

exceed six months, or both. In addition, for violations of subsection c. of this section occurring after the effective

date of P.L.2005, c. 382, a civil penalty of not less than $500 nor more than $10,000 shall be imposed upon

a former State officer or employee or former special State officer or employee of

a State agency in the Executive Branch upon a finding of a violation by the State

Ethics Commission, which penalty may be collected in a summary proceeding pursuant

to the “Penalty Enforcement Law of 1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ).