New Jersey § 52:15d-2

§ 52:15d-2.

a. (1) Subject to the availability of federal funding, for each State contract involving

consideration of $5,000,000 or more for a recovery and rebuilding project, the State

Treasurer shall require to be included in the contract such conditions as the State

Treasurer deems necessary to facilitate the use of integrity oversight monitors. The State Treasurer shall select integrity oversight monitors for the implementation

of a contract, unless this condition is waived by the State Treasurer upon a determination

that sufficient integrity oversight is already present in the contract or a funding

recipient's existing compliance controls. The State Treasurer shall have the authority to require that the services of an integrity

oversight monitor be retained from the qualified integrity oversight monitor pool

established pursuant to subsection b. of this section for any duration of the contract

upon a determination by the State Treasurer that an integrity oversight monitor is

necessary to alleviate potential or ongoing inefficiency or that the size or nature

of the contract makes the procurement of an integrity oversight monitor prudent. (2) Subject to the availability of federal funding, for recovery and rebuilding projects

not involving a State contract, the governmental entity that is a party to such contract

shall provide the State Treasurer, in such form as the State Treasurer may prescribe,

notice of such contract, a description of the recovery and rebuilding project, the

parties thereto, and the funding source for the project costs, including integrity

oversight monitoring services. Upon receipt of such notice, and subject to the availability of federal funding,

the State Treasurer shall procure the services of an integrity oversight monitor from

the qualified integrity oversight monitor pool established pursuant to subsection

b. of this section during the initial implementation of the recovery and rebuilding

project involving a contract that includes consideration of $5,000,000 or more, unless

this condition is waived by the State Treasurer upon a determination of sufficient

funding recipient compliance controls. For recovery and rebuilding projects not involving a State contract, the State Treasurer

shall have the authority to procure the services of an integrity oversight monitor

from the qualified integrity oversight monitor pool established pursuant to subsection

b. of this section for any duration of a recovery and rebuilding project involving

a contract that includes consideration of $5,000,000 or more upon a determination

by the State Treasurer that an integrity oversight monitor is necessary to alleviate

potential or ongoing inefficiency or that the size or nature of the recovery and rebuilding

project makes the procurement of an integrity oversight monitor prudent. (3) If the State Treasurer issues a waiver of the requirement for an integrity oversight

monitor pursuant to this subsection, the State Treasurer shall provide the Governor,

the Senate President, and the Speaker of the General Assembly a report in accordance

with section 2 of P.L.1991, c. 164 ( C.52:14-19.1 ), which report shall detail the reasoning associated with the waiver and the contract

or funding recipient's existing compliance controls. The report shall be due within ten business days of the issuance of the waiver. (4) Subject to the availability of federal funding, for a State or non-State contract

involving consideration of less than $5,000,000 for a recovery and rebuilding project,

the State Treasurer's authorization to impose conditions concerning integrity oversight

monitors pursuant to paragraphs (1) and (2) of this subsection shall apply if the

State Treasurer determines that integrity oversight monitor conditions are necessary

to alleviate potential or ongoing inefficiency or that the size or nature of a recovery

and rebuilding project makes the procurement of an integrity oversight monitor prudent. b. The State Treasurer shall establish a pool of qualified integrity oversight monitors. The State Treasurer shall qualify integrity oversight monitors for inclusion in

the pool through a public procurement process in accordance with existing public contracting

laws and regulations. Provided, however, to expedite the implementation of integrity oversight monitor

oversight for recovery and rebuilding projects, the State Treasurer is authorized

to administer the public procurement process for integrity oversight monitors in as

expeditious a manner as is feasible under existing public contracting laws and regulations

and to take such anticipatory action as is necessary to begin the selection process

and creation of a qualified integrity oversight monitor pool in advance of the State's

receipt of applicable federal resources dedicated to the recovery from Hurricane Sandy

or other storms. Upon inclusion on the qualified integrity oversight monitor pool, a qualified integrity

oversight monitor is eligible for assignment pursuant to subsection a. of this section. The pool of qualified integrity oversight monitors shall be made available through

a public website. This section shall not be construed to authorize the waiver of any applicable provision

of law or regulation governing conflicts of interest. c. An integrity oversight monitor shall periodically report to the governmental entity

that is a party to the contract as the State Treasurer deems necessary and shall be

subject to the malfeasance and inefficiency reporting protocol developed by the State

Treasurer in consultation with the State Comptroller. The State Treasurer's reporting protocol shall require an integrity oversight monitor

upon a finding of a likely criminal violation or lesser degree of waste, fraud, or

abuse, to make a report immediately to the Attorney General and State Comptroller. d. For purposes of executing the oversight functions of an integrity oversight monitor

an integrity oversight monitor shall be afforded access to all records and information

necessary to execute the integrity oversight monitor's oversight functions. Provided however, if an integrity oversight monitor's access to records and information

may compromise sensitive information, the chief executive officer of the entity in

possession of the records may limit the integrity oversight monitor's access accordingly. If a chief executive officer denies sensitive information to an integrity oversight

monitor pursuant to this subsection, the chief executive officer shall provide the

integrity oversight monitor with its reasoning for the denial in a written notice. e. On the first business day of each calendar quarter, each integrity oversight monitor

shall provide to the State Treasurer for distribution to the Legislature, in accordance

with section 2 of P.L.1991, c. 164 ( C.52:14-19.1 ), and the Governor a report detailing the integrity oversight monitor's provision

of services during the three-month period second preceding the due date of the report

and any previously unreported provision of services, which shall include, but not

be limited to, detailed findings concerning the integrity oversight monitor's provision

of services and recommendations for corrective or remedial action relative to findings

of malfeasance and inefficiency. The report shall include a privilege log which shall detail each denial of sensitive

information that the integrity oversight monitor exercises in preparing the report

for transmission to the Legislature and the Governor pursuant to this subsection. The report shall not include any information which may compromise a potential criminal

investigation or prosecution or any proprietary information. The State Treasurer shall have the authority to specify reporting requirements for

an integrity oversight monitor pursuant to this subsection relative to the specific

services provided by an integrity oversight monitor. No report shall become due for an integrity oversight monitor until at least three

months after commencing duties as an integrity oversight monitor. The State Treasurer shall provide the integrity oversight monitor reports received

pursuant to this subsection to the Legislature and the Governor within ten business

days of receipt. f. As used in this section: “ Recovery and rebuilding project ” means (1) the use of funds provided pursuant to federal legislation enacted by the

113 1 Congress of the United States of America which contains, but is not limited to, disaster

assistance for impacts associated with Hurricane Sandy, or other major storms, in

New Jersey; (2) the use of funds disbursed through the State treasury for undertakings

to address the damage associated with the State of Emergency identified in the Governor's

Executive Order 104, dated October 27, 2012, concerning Hurricane Sandy, which undertakings

shall include emergency operations, loss reimbursement, repairs, rebuilding, restorations,

reconstruction, removal of debris, temporary housing, household assistance, relief,

hazard mitigation improvements, construction, and other recovery and rebuilding activities

deemed to be a recovery and rebuilding project by the State Treasurer; and (3) the

use of funds provided pursuant to federal legislation or disbursed through the State

Treasury for undertakings to address the damage associated with any other major storm

or natural disaster. “ Integrity oversight monitor ” means a private entity that contracts to provide specialized services to ensure

legal compliance, detect misconduct, and promote best practices in the administration

of recovery and rebuilding projects, which services may include, but shall not be

limited to, legal, investigative, accounting, forensic accounting, engineering, other

professional specialties, risk assessment, developing compliance system constructs,

loss prevention, monitoring, contract managers and independent private inspectors

general. “ Sensitive information ” means information which if disclosed to an integrity oversight monitor would jeopardize

compliance with State or federal law, threaten public health, welfare, or safety,

or harm the competitive economic position of a party including, but not limited to,

information deemed confidential or proprietary or related to copyright or trade secrets. 1

So in original.