New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 20 - REPRESENTED ENTITIES AND GOVERNMENTAL AFFAIRS AGENTS › Section 19:25-20.11 - Expenditures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  following expenditures of a represented entity or governmental affairs agent,
				  which relate to communication with, or providing benefits to, any member of the
				  Legislature, legislative staff, the Governor, the Governor's staff, or an
				  officer or staff member of the Executive Branch, which relate to influencing
				  legislation, regulations, or governmental processes, or to communication with
				  the general public, shall be reported in the annual report, and shall be listed
				  in the aggregate by category:
1. Fees,
				  allowances, retainers, salary or other compensation paid by a represented
				  entity to a governmental affairs agent. Compensation required to be reported
				  pursuant to this paragraph shall be detailed as to amount, to whom paid and for
				  what purpose and shall include consulting, legal or other fees, for services
				  performed or to be performed, as well as expenses incurred in rendering such
				  services. In the case of a volunteer, the above calculation shall not include
				  any calculation of the value of the time for such volunteer, but shall include
				  only that amount reimbursed to the volunteer for expenditures related to
				  activities to influence legislation, influence regulation, influence
				  governmental processes, or related to communication with the general public on
				  behalf of the represented entity.
2. Pro rata share of salary or other
				  compensation paid to an employee of any organization whose activities on behalf
				  of that organization qualify him or her as a governmental affairs agent.
Example 1: Jones engages in lobbying activity in New Jersey
					 and Pennsylvania for ABC Corporation. He spends one-half of his time in
					 lobbying activity in New Jersey. Jones' total salary, as reported on his W-2
					 form, is $ 30,000 per year. Since more than 20 hours of his time is spent on
					 lobbying in New Jersey, Jones is a governmental affairs agent for ABC
					 Corporation and one-half of his salary, $ 15,000, is allocable to lobbying. ABC
					 Corporation is a reporting represented entity and must include this amount as
					 an expense.
Example 2: Smith, another ABC Corporation employee, has
					 spent less than 20 hours of his time on direct lobbying on behalf of his
					 employer, and, therefore, none of his salary is reportable by ABC
					 Corporation.
3.
				  Contributions or membership fees or dues paid by the represented entity, except
				  that such contributions or fees shall not be deemed to be related to
				  influencing legislation, influencing regulation, influencing governmental
				  processes, or conducting communication with the general public, for the purpose
				  of reporting under the Act and this subchapter unless made to a governmental
				  affairs agent with the specific intent to influence legislation, influence
				  regulation, influence governmental processes, or conduct communication with the
				  general public or unless made to a represented entity whose major purpose is to
				  engage in influencing legislation, influencing regulation, influencing
				  governmental processes, or conducting communication with the general public.
				  For the purpose of this paragraph, a represented entity shall be deemed to be
				  engaged in influencing legislation, influencing regulation, influencing
				  governmental processes, or conducting communication with the general public as
				  its major purpose for any calendar year in which expenditures related to such
				  activity constitute more than 50 percent of its total expenditures for all
				  purposes. Such contributions, fees and dues (other than those made with the
				  specific intent to influence legislation, or influence regulation) made by a
				  represented entity to an organization, association or union, shall be
				  reportable hereunder in the same proportion as the activities of the
				  organization, association or union are related to influencing legislation,
				  influencing regulation, influencing governmental processes, or conducting
				  communication with the general public. Contributions, fees or dues made with
				  the specific intent to influence legislation, influence regulation, influence
				  governmental processes, or conduct communication with the general public, or
				  all of the foregoing, shall be reported in full. Contributions, fees or dues
				  required to be reported pursuant to this paragraph shall be reported in the
				  aggregate, along with the name of any organization, association or union to
				  whom the represented entity made a contribution in excess of $ 100.00 for the
				  calendar year (when allocated as set forth above) as well as the date of each
				  contribution, fee or dues.
4. Costs
				  of preparation and distribution of material related to influencing legislation,
				  influencing regulation, influencing governmental processes, or conducting
				  communication with the general public, and paid for by a represented entity or
				  governmental affairs agent, including all disbursements for preparation and
				  distribution of printed materials, correspondence, flyers, publications, films,
				  slides, audio and video recordings and video tapes.
5. Travel and lodging related to influencing
				  legislation, influencing regulation, influencing governmental processes, or
				  conducting communication with the general public, for the governmental affairs
				  agent.
6. Allocated cost of support
				  personnel for the represented entity or governmental affairs agent. The
				  allocated cost of any support personnel for the represented entity or
				  governmental affairs agent shall be included hereunder if, in relation to the
				  usual duties of their employment, such personnel, individually, spend, over the
				  course of the reporting year 450 hours in activity supporting the activity of
				  the represented entity or governmental affairs agent in influencing
				  legislation, influencing regulation, influencing governmental processes, or
				  conducting communication with the general public. The term "support personnel"
				  shall include costs related to the communication by an expert or employee,
				  other than a governmental affairs agent, when the communication is made in the
				  company of a governmental affairs agent for the sole purpose of providing
				  technical or expert advice.
Example: Smith is in the government affairs department of
					 ABC Corporation, a reporting represented entity, and spends all of her time
					 engaged in activity related to lobbying. Brown, her secretary, spends his time
					 doing work supporting Smith's activities. Jones, an analyst in the financial
					 department at ABC Corporation, spends 50 percent of his time analyzing
					 legislation for Smith and preparing memoranda to be used in Smith's lobbying
					 activity. King, an attorney in ABC's legal department, does some drafting of
					 proposed legislation for Smith. Over the course of the year, however, this
					 accounts for less than 450 hours of his time at work. Ford spends one-third of
					 her time preparing testimony on governmental processes for Smith. ABC
					 Corporation, in its annual report, must include Smith's full salary (under (a)2
					 above), as well as Brown's full salary, one-half of Jones' salary, and
					 one-third of Ford's full salary, as the cost of support personnel. None of
					 King's salary will have to be included on ABC's report.