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 19:25-20.10 - Receipts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  following receipts 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 included in the annual report:
1. Fees, salary, allowances or other
				  compensation paid to a governmental affairs agent. Receipts required to be
				  reported pursuant to this paragraph shall be detailed as to amount, from whom
				  received and for what purpose. A law firm, advertising agency, public relations
				  firm, accounting firm or similar organization which spends only a portion of
				  its time in legislative or regulatory activity, in influencing governmental
				  processes, or for communication with the general public on behalf of a
				  represented entity shall be required to report only that portion of its fees as
				  are related to influencing legislation, influencing regulation, influencing
				  governmental processes, or for communication with the general public.
2. Contributions, loans (except for loans
				  made in the ordinary course of business on substantially the same terms as
				  those prevailing for comparable transactions with other persons) or membership
				  fees or dues received by a represented entity. Such contributions, loans, fees
				  or dues received by a represented entity are reportable if they are made to a
				  represented entity whose major purpose is to influence legislation, influence
				  regulation, influence governmental processes, or conduct communication with the
				  general public. For purposes 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. If, under the above test, it is not the
				  major purpose of the represented entity to influence legislation, influence
				  regulation, influence governmental processes, or conduct communication with the
				  general public, the contributions, loans, fees and dues received by the
				  represented entity are not reportable by such organization, unless made to the
				  represented entity with the specific intent that the contributions, loans, fees
				  or dues be employed to influence legislation, influence regulation, influence
				  governmental processes, or conduct communications with the general public (in
				  which case they are reportable as outlined below). If the major purpose of the
				  represented entity is to engage in influencing legislation, influencing
				  regulation, influencing governmental processes, or conducting communication
				  with the general public, the contributions, loans, membership fees or dues
				  received by the represented entity shall be reported hereunder in the aggregate
				  in the same proportion as the activities of the represented entity are related
				  to influencing legislation, influencing regulation, influencing governmental
				  processes, or conducting communication with the general public, along with the
				  name and address of the contributor(s) whose contribution(s), allocated as
				  outlined above, aggregate more than $ 100.00 during the calendar year.
Example 1: Trade Association XYZ engages in a wide range of
					 activities, including trade shows, public relations, newsletters to its
					 members, etc., and influencing legislation. This activity is done through a
					 paid contract governmental affairs agent in Trenton as well as by
					 communications by employees of the Trade Association. XYZ expends over $ 2,500
					 during the course of the calendar year on this lobbying activity, although this
					 expense constitutes less than 50 percent of its total expenditures for all
					 purposes for that year. Trade Association XYZ is a represented entity required
					 to file an annual report. However, it need not report its contributions.
Example 2: Trade Association EFG has the same fact
					 situation as above, except that Trade Association EFG's lobbying expenses
					 constitute more than 50 percent (for example, 80 percent) of its expenditures
					 for all purposes for the year. EFG must file an annual report as a represented
					 entity, including therein an aggregate allocated figure for lobbying
					 contributions made to it (80 percent of each contribution must be allocated to
					 lobbying for reporting purposes; the aggregate is then reported). EFG must also
					 report the name and address of all those contributors whose contributions,
					 after being allocated to lobbying, exceed $ 100.00.