Prohibits municipal ordinance to create sanctuary city; establishes State and local employee ethics violation upon noncompliance with federal immigration enforcement request.

A153

ASSEMBLY, No. 153

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

Assemblyman MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

Assemblyman PAUL KANITRA

District 10 (Monmouth and Ocean)

Co-Sponsored by:

Assemblymen Auth, McGuckin and Myhre

SYNOPSIS

���� Prohibits municipal ordinance to create sanctuary
city; establishes State and local employee ethics violation upon noncompliance
with federal immigration enforcement request.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning cooperation with federal immigration and
customs enforcement authorities, and
amending and supplementing
P.L.1991, c.29 and P.L.1971, c.182.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� (New section)� a.� The
governing body of a municipality or county shall not adopt any ordinance or
resolution requiring that officials within the jurisdiction of the governing
body refuse or fail to cooperate with requests for cooperation from federal immigration
authorities.� Any such ordinance or resolution adopted prior to the effective
date of P.L.��� , c.��� (C.������� ) (pending before the Legislature as this
bill) shall be void.�

���� b.��� A member of a municipal
or county governing body who, after the effective date of P.L.���� , c.���
(C.������� ) (pending before the Legislature as this bill), votes to adopt a
formal or informal policy of non-cooperation with federal immigration authorities,
in direct contravention of subsection a. of this section, shall be guilty of a
misdemeanor and, upon conviction, may be fined not more than one thousand
dollars ($1,000.00) or imprisoned for not more than one year, or both, and in
addition shall forfeit his office.

���� 2.��� (New section)� a.�
Subject to the approval of the Attorney General, the State shall defend
employees or officers of municipalities in any civil action seeking to impose
liability arising out of any actual or alleged act, error, or omission that
occurred while cooperating with federal immigration authorities pursuant to
P.L.���� , c.��� (C.������ ) (pending before the Legislature as this bill),
provided that the actual or alleged act, error, or omission did not result from
intentional or willful and wanton misconduct on the part of such person.

���� b.��� The State of New Jersey
shall indemnify and hold municipal employees or officers harmless in the amount
of any settlement or judgment obtained against such persons arising out of any
actual or alleged act, error, or omission that occurred while cooperating with
federal immigration authorities pursuant to P.L.�� �, c. ���(C. �������)
(pending before the Legislature as this bill), provided that the actual or
alleged act, error, or omission did not result from intentional or willful and
wanton misconduct on the part of such person.

���� 3.��� Section 5 of P.L.1991,
c.29 (C.40A:9-22.5) is amended to read as follows:

���� 5.��� Local government
officers or employees under the jurisdiction� of� the� Local� Finance Board�
shall comply� with� the

following provisions:�

���� a.���� No local government
officer or employee or member of his immediate family shall have an interest in
a business organization or engage in any business, transaction, or professional
activity, which is in substantial conflict with the proper discharge of his
duties in the public interest;�

���� b.��� No independent local
authority shall, for a period of one year next subsequent to the termination of
office of a member of that authority:�

���� (1)�� award any contract which
is not publicly bid to a former member of that authority;�

���� (2)�� allow a former member of
that authority to represent, appear for or negotiate on behalf of any other
party before that authority; or�

���� (3)�� employ for compensation,
except pursuant to open competitive examination in accordance with Title 11A of
the New Jersey Statutes and the rules and regulations promulgated pursuant
thereto, any former member of that authority.�

���� The restrictions contained in
this subsection shall also apply to any business organization in which the
former authority member holds an interest.

���� c.���� No local government
officer or employee shall use or attempt to use his official position to secure
unwarranted privileges or advantages for himself or others;�

���� d.��� No local government
officer or employee shall act in his official capacity in any matter where he,
a member of his immediate family, or a business organization in which he has an
interest, has a direct or indirect financial or personal involvement that might
reasonably be expected to impair his objectivity or independence of judgment;�

���� e.���� No local government
officer or employee shall undertake any employment or service, whether
compensated or not, which might reasonably be expected to prejudice his
independence of judgment in the exercise of his official duties;�

���� f.���� No local government
officer or employee, member of his immediate family, or business organization
in which he has an interest, shall solicit or accept any gift, favor, loan,
political contribution, service, promise of future employment, or other thing
of value based upon an understanding that the gift, favor, loan, contribution,
service, promise, or other thing of value was given or offered for the purpose
of influencing him, directly or indirectly, in the discharge of his official
duties.� This provision shall not apply to the solicitation or acceptance of
contributions to the campaign of an announced candidate for elective public
office, if the local government officer has no knowledge or reason to believe
that the campaign contribution, if accepted, was given with the intent to
influence the local government officer in the discharge of his official
duties;�

���� g.��� No local government
officer or employee shall use, or allow to be used, his public office or
employment, or any information, not generally available to the members of the
public, which he receives or acquires in the course of and by reason of his
office or employment, for the purpose of securing financial gain for himself,
any member of his immediate family, or any business organization with which he
is associated;�

���� h.��� No local government
officer or employee or business organization in which he has an interest shall
represent any person or party other than the local government in connection
with any cause, proceeding, application or other matter pending before any agency
in the local government in which he serves.� This provision shall not be deemed
to prohibit one local government employee from representing another local
government employee where the local government agency is the employer and the
representation is within the context of official labor union or similar
representational responsibilities;�

���� i.���� No local government
officer shall be deemed in conflict with these provisions if, by reason of his
participation in the enactment of any ordinance, resolution or other matter
required to be voted upon or which is subject to executive approval or veto, no
material or monetary gain accrues to him as a member of any business,
profession, occupation or group, to any greater extent than any gain could
reasonably be expected to accrue to any other member of such business,
profession, occupation or group;�

���� j.���� No elected local
government officer shall be prohibited from making an inquiry for information
on behalf of a constituent, if no fee, reward or other thing of value is
promised to, given to or accepted by the officer or a member of his immediate
family, whether directly or indirectly, in return therefor; and�

���� k.��� Nothing shall prohibit
any local government officer or employee, or members of his immediate family,
from representing himself, or themselves, in negotiations or proceedings
concerning his, or their, own interests.�

����
l.���� No local government officer
or employee shall refuse to cooperate with any lawful requests from a federal
agency regarding immigration and customs enforcement. Any ordinance
inconsistent with this requirement shall be void as of the effective date of
P.L. , c. (C. ������ )
(pending before the Legislature as this bill).
�

(cf:� P.L.1991, c.29, s.5)

���� 4.��� Section 12 of P.L.1971,
c.182 (C.52:13D-23) is amended to read as follows:

���� 12.� (a)� (1)� The head of
each State agency, or the principal officer in charge of a division, board,
bureau, commission or other instrumentality within a department of State
Government designated by the head of such department for the purposes
hereinafter set forth, shall within six months from the date of enactment,
promulgate a code of ethics to govern and guide the conduct of the members of
the Legislature, the State officers and employees or the special State officers
and employees in the agency to which said code is applicable. Such code shall
conform to the general standards hereinafter set forth in this section, but it
shall be formulated with respect to the particular needs and problems of the
agency to which said code is to apply and, when applicable, shall be a
supplement to the uniform ethics code promulgated pursuant to paragraph (2) of
this subsection. Notwithstanding any other provisions of this section, the New
Jersey members to any interstate agency to which New Jersey is a party and the
officers and employees of any State agency which fails to promulgate a code of
ethics shall be deemed to be subject to a code of ethics the provisions of
which shall be paragraphs (1) through (6) of subsection (e) of this section.�

���� (2)�� Within 180 days
following the effective date of this act, P.L.2005, c.382, the State Ethics
Commission shall promulgate a uniform ethics code to govern and guide the
conduct of State officers and employees and special State officers and
employees in State agencies in the Executive Branch. Such code shall conform to
the general standards hereinafter set forth in this section, shall be the
primary code of ethics for State agencies once it is adopted and a code
promulgated pursuant to paragraph (1) of this subsection shall be a supplement
to the primary code.� The head of each State agency, or the principal officer
in charge of a division, board, bureau, commission or other instrumentality
within a department of State Government designated by the head of such
department shall revise each code of ethics promulgated prior to the uniform
code to recognize the uniform code as the primary code.

���� (b)�� A code of ethics
formulated pursuant to subsection (a) of this section to govern and guide the
conduct of the State officers and employees or the special State officers and
employees in any State agency in the Executive Branch, or any portion of such a
code, shall not be effective unless it has first been approved by the State
Ethics Commission.� When a proposed code is submitted to the said commission it
shall be accompanied by an opinion of the Attorney General as to its compliance
with the provisions of this act and any other applicable provision of law.
Nothing contained herein shall prevent officers of State agencies in the
Executive Branch from consulting with the Attorney General or with the State
Ethics Commission at any time in connection with the preparation or revision of
such codes of ethics.

���� (c)�� A code of ethics
formulated pursuant to this section to govern and guide the conduct of the
members of the Legislature, State officers and employees or special State
officers and employees in any State agency in the Legislative Branch, or any
portion of such code, shall not be effective unless it has first been approved
by the Legislature by concurrent resolution.� When a proposed code is submitted
to the Legislature for approval it shall be accompanied by an opinion of the
chief counsel as to its compliance with the provisions of this act and any
other applicable provisions of law.� Nothing contained herein shall prevent
officers of State agencies in the Legislative Branch from consulting with the
Chief Legislative Counsel or the Joint Legislative Committee on Ethical
Standards at any time in connection with the preparation or revision of such
codes of ethics.

���� (d)�� Violations of a code of
ethics promulgated pursuant to this section shall be cause for removal,
suspension, demotion or other disciplinary action by the State officer or
agency having the power of removal or discipline.� When a person who is in the
classified civil service is charged with a violation of such a code of ethics,
the procedure leading to such removal or discipline shall be governed by any
applicable provisions of the Civil Service Act, N.J.S. 11A:1-1 et seq., and the
Rules of the Civil Service Commission. No action for removal or discipline
shall be taken under this subsection except upon the referral or with the
approval of the State Ethics Commission or the Joint Legislative Committee on
Ethical Standards, whichever is authorized to exercise jurisdiction with
respect to the complaint upon which such action for removal or discipline is to
be taken.

���� (e)�� A code of ethics for
officers and employees of a State agency shall conform to the following general
standards:

���� (1)�� No State officer or
employee or special State officer or employee should have any interest,
financial or otherwise, direct or indirect, or engage in any business or
transaction or professional activity, which is in substantial conflict with the
proper discharge of his duties in the public interest.

���� (2)�� No State officer or
employee or special State officer or employee should engage in any particular
business, profession, trade or occupation which is subject to licensing or
regulation by a specific agency of State Government without promptly filing
notice of such activity with the State Ethics Commission, if he is an officer
or employee in the Executive Branch, or with the Joint Legislative Committee on
Ethical Standards, if he is an officer or employee in the Legislative Branch.

���� (3)�� No State officer or
employee or special State officer or employee should use or attempt to use his
official position to secure unwarranted privileges or advantages for himself or
others.

���� (4)�� No State officer or
employee or special State officer or employee should act in his official
capacity in any matter wherein he has a direct or indirect personal financial
interest that might reasonably be expected to impair his objectivity or
independence of judgment.

���� (5)�� No State officer or
employee or special State officer or employee should undertake any employment
or service, whether compensated or not, which might reasonably be expected to
impair his objectivity and independence of judgment in the exercise of his official
duties.

���� (6)�� No State officer or
employee or special State officer or employee should accept any gift, favor,
service or other thing of value under circumstances from which it might be
reasonably inferred that such gift, service or other thing of value was given
or offered for the purpose of influencing him in the discharge of his official
duties.

���� (7)��
(i)
No State
officer or employee or special State officer or employee should knowingly act
in any way that might reasonably be expected to create an impression or
suspicion among the public having knowledge of his acts that he may be engaged
in conduct violative of his trust as a State officer or employee or special
State officer or employee.

����
(ii)� No State officer or
employee or special State officer or employee shall refuse to cooperate with
any lawful request from a federal agency regarding immigration and customs
enforcement.

���� (8)�� Rules of conduct adopted
pursuant to these principles should recognize that under our democratic form of
government public officials and employees should be drawn from all of our
society, that citizens who serve in government cannot and should not be expected
to be without any personal interest in the decisions and policies of
government; that citizens who are government officials and employees have a
right to private interests of a personal, financial and economic nature; that
standards of conduct should separate those conflicts of interest which are
unavoidable in a free society from those conflicts of interest which are
substantial and material, or which bring government into disrepute.

���� (f)�� The code of ethics for
members of the Legislature shall conform to subsection (e) hereof as nearly as
may be possible.

(cf:� P.L.2008, c.29, s.104)

���� 5.��� This act shall take
effect immediately.

STATEMENT

���� This bill is intended to make
certain that State and local officials in New Jersey cooperate with federal
authorities with respect to immigration and customs enforcement requests.� The
bill prohibits counties and municipalities from establishing formal or informal
policies of non-cooperation with federal immigration authorities.�

���� Several jurisdictions, such as
California, have established a formal prohibition on cooperation with federal
authorities on immigration issues.� In San Francisco, a young woman named Kate
Steinle was brutally murdered by an individual who intentionally committed the
crime in San Francisco because it had designated itself a sanctuary city.

���� Other jurisdictions, such as
certain municipalities in New Jersey, have an informal practice of not
cooperating with requests from the federal government regarding immigration
matters.� This bill is intended to prevent the State, municipalities, or any subdivision
thereof, from establishing a formal or informal �sanctuary city� policy, which
has led to recent violent crimes around the country.

���� Under this bill, a State or
local official who fails to cooperate with federal authorities with respect to
immigration enforcement will be committing an ethics violation.� The regular
process for the disposition of ethics violations at the State or local level
will be applicable to these situations.� The bill also creates a civil fine for
any member of a municipal or county governing body which votes in favor of a
sanctuary city ordinance after the effective date of the bill.