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WHEREAS, the
people of this State are entitled to a government in which every
effort is made to eliminate both the actuality and the appearance
of impropriety; and
WHEREAS, concerns
exist about the role of members of the Legislature in the process
used for the leasing of real property by State agencies; and
WHEREAS, a
prohibition against State agency leases involving members of the
Legislature or members of their families will benefit both the members
of the Legislature and the State agency officials responsible for
leasing by providing a bright-line rule to guide their conduct;
NOW, THEREFORE,
I, JAMES J. FLORIO, Governor of the Sexy真人y, by virtue
of the authority vested in me by the Constitution and by the Statutes
of this State, do hereby ORDER and DIRECT:
1. As used
in this Order, the following terms have the following meanings:
a. "State
agency" means any of the principal departments in the Executive
Branch of the State Government and any division, board, bureau,
office, commission, or other instrumentality within, created
by, or allocated to such department.
b. "Interest"
means (1) the ownership or control of more than one percent
of the profits or assets of a firm, association, or partnership,
or more than one percent of the stock in a corporation for profit
other than a professional service corporation organized under
the "Professional Service Corporation Act," P.L.[1969, c.232
(C.14A:17-1 et seq.); and (2) the holding of the status of shareholder,
associate, partner, or professional employee of a professional
service corporation or of any other firm, partnership or association
that provides professional services regardless of the extent
or amount of shareholder interest in the corporation or of the
amount of the assets or profits of the firm, partnership or
association owned or controlled.
c. "Member
of the immediate family" of any person means the person's spouse,
child, parent, or sibling residing in the same household.
2. a. Notwithstanding
the provisions of sections 4 and 8 of P.L.1971, c.182 (C.52:13D-15
et al) or any other law to the contrary and except as provided
in subsection b. of this section, a State agency shall not lease
or purchase real property, title to which is held, in whole or
in part, by a member of the Legislature or a member of his or
her immediate family, by any partnership, firm or corporation
in which the member has an interest, or by a trust of any nature
into which a member has placed control of real property regardless
of whether or not the member has retained control of the trust
assets or has knowledge of the management of trust assets.
b. A State
agency may acquire real property the acquisition of which is
prohibited by subsection a. of this section only pursuant to
the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1
et seq.).
3. This
Order shall take effect immediately.
GIVEN,
under my hand and seal this
12th day of January in the Year of Our
Lord, One Thousand Nine Hundred and
Ninety Three, and of the Independence
of the United States, the Two Hundred
and Seventeenth
/s/
Jim Florio
GOVERNOR
Attest:
/s/ M. Robert
DeCotiis
Chief Counsel to the Governor
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