Bars nondisclosure agreements to settle sexual assault and harassment claims against certain State officers and employees and members of Legislature; bars use of campaign funds to settle claims.

S3587

SENATE, No. 3587

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Senator� JAMES BEACH

District 6 (Burlington and Camden)

SYNOPSIS

���� Bars nondisclosure agreements to settle sexual
assault and harassment claims against certain State officers and employees and
members of Legislature; bars use of campaign funds to settle claims.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning the use of public funds, campaign
funds, and nondisclosure agreements to settle sexual assault and harassment
claims against certain State officers and employees, members of the Legislature
and candidates, amending P.L.1993, c.65 and supplementing Title 52 of the
Revised Statues.�

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

���� 1.��� (New Section)� a.� As
used in this section:�

���� "member of the
Legislature" means any person elected to serve in the General Assembly or
the Senate of this State;

���� �nondisclosure agreement�
means an agreement in which the parties agree not to disclose the terms of any
settlement, including a monetary settlement, entered into to settle allegations
of sexual assault or sexual harassment;

���� �sexual assault� means an act
committed under circumstances or conditions set forth in chapter 14 of Title 2C
of the New Jersey Statutes, including sexual contact;

���� �sexual harassment� means any
solicitation of any sexual act, physical advances, or verbal or non-verbal
conduct that is sexual in nature and that either: is unwelcome, offensive to a
reasonable person, or creates a hostile workplace environment, and the State
officer or employee or special State officer or employee, or member of the
Legislature knows, should know, or is told this; or is sufficiently severe or
intense to be abusive to a reasonable person in that context.� "Sexual
harassment" may consist of a single extreme or severe act or of multiple
acts and may include, but is not limited to, conduct with another person
whether or not such person is in a subordinate position to the State officer or
employee, special State officer or employee, or member of the Legislature.�
"Sexual harassment" may also include conduct of a nonsexual nature if
it is based on the sex of an individual;

���� "special State officer or
employee" means any person holding an office or employment in a State
agency, excluding an interstate agency, for which office or employment no
compensation is authorized or provided by law, or no compensation other than a
sum in reimbursement of expenses, whether payable per diem or per annum, is
authorized or provided by law; or any person, not a member of the Legislature,
holding a part-time elective or appointive office or employment in a State
agency, excluding an interstate agency;

���� "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 or created by such department, the Legislature of the
State and any office, board, bureau or commission within or created by the
Legislative Branch, and any independent State authority, commission,
instrumentality, or agency; and

���� "State officer or
employee" means any person, other than a special State officer or employee
holding an office or employment in a State agency, excluding an interstate
agency, other than a member of the Legislature.

���� b.��� A State agency shall not
enter into a nondisclosure agreement with any person to settle, or as part of
the settlement of, a claim that the person was the victim of sexual assault or
sexual harassment by a State officer or employee, or a special State officer or
employee, or a member of the Legislature, either prior to the filing of a
lawsuit by that person or at any time after a lawsuit is filed.

���� 2.��� Section 17 of P.L.1993,
c.65 (C.19:44A-11.2) is amended to read as follows:�

���� 17.� a. All contributions
received by a candidate, candidate committee, a joint candidates committee or a
legislative leadership committee shall be used only for the following purposes:

���� (1) the payment of campaign
expenses;

���� (2) contributions to any
charitable organization described in section 170(c) of the Internal Revenue
Code of 1954, as amended or modified, or nonprofit organization which is exempt
from taxation under section 501(c) of the Internal Revenue Code of 1954, except
any charitable organization of which the candidate or a member of the
candidate's immediate family is a paid officer, director or employee or
receives compensation for goods or services provided to the organization;

���� (3) transmittal to another
candidate, candidate committee, or joint candidates committee, or to a
political committee, continuing political committee, legislative leadership
committee or political party committee, for the lawful use by such other
candidate or committee;

���� (4) the payment of the
overhead and administrative expenses related to the operation of the candidate
committee or joint candidates committee of a candidate or a legislative
leadership committee;

���� (5) the pro rata repayment of
contributors; or

���� (6) the payment of ordinary
and necessary expenses of holding public office.

���� As used in this subsection,
"campaign expenses" means any expense incurred or expenditure made by
a candidate, candidate committee, joint candidates committee or legislative
leadership committee for the purpose of paying for or leasing items or services
used in connection with an election campaign, other than those items or
services which may reasonably be considered to be for the personal use of the
candidate, any person associated with the candidate or any of the members of a
legislative leadership committee; and "member of the candidate's immediate
family" means the candidate's spouse, child, parent, or sibling, and the
child, parent, or sibling of the candidate's spouse.

���� b.��� No contribution received
by a candidate or by the candidate committee or joint candidates committee of a
candidate may be used
:

����
(1)
for the payment of
the expenses arising from the furnishing, staffing or operation of an office
used in connection with that person's official duties as an elected public
official
; or

����
(2) to make a payment to a
person in settlement of a claim that the person was the victim of sexual
assault or sexual harassment by a candidate or an employee of a candidate,
prior to the filing of a lawsuit by that person or at any time after a lawsuit
is filed
.

���� c.���� Any funds remaining in
the campaign depository of a candidate's candidate committee or joint
candidates committee upon the death of the candidate shall be used only for one
or more of the purposes established in subsection a. of this section by the
committee's organizational treasurer or deputy treasurer or whoever has control
of the depository upon the death of the candidate.

���� d.��� Expenses incurred by the
holder of a public office or a candidate for child care may be paid from
campaign contributions received pursuant to P.L.1973, c.83 (C.19:44A-1 et seq.)
only if the expenses are for providing care for the well-being and protection
of the child outside of the home, in a child care facility, or in the home of
the office holder or candidate.� Eligible expenses shall be those that result
directly from activities in which the office holder or candidate engages for
the purposes of holding public office or of a campaign for public office, and
would not have otherwise been incurred but for those activities.� Child care
expenses shall not include payments to a member of the office holder's or
candidate's household.

���� e.���� Expenses incurred by
the holder of a public office or a candidate or committee for litigation or
legal costs arising from campaign activities shall be permitted to be paid from
campaign contributions received pursuant to P.L.1973, c.83 (C.19:44A-1 et seq.).

���� The Election Law Enforcement
Commission shall promulgate regulations regarding eligible expenses and shall
provide written guidance upon request from an office holder or candidate prior
to the expense being incurred or after the expense is incurred.

(cf: P.L.2023, c.30, s.32)

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

STATEMENT

���� This bill prohibits a State
agency in the Executive or Legislative Branch of State government from entering
into a nondisclosure agreement, in which the parties agree not to disclose the
terms of a settlement, with any person to settle, or as part of the settlement
of, a claim that the person was a victim of sexual assault or sexual harassment
by a State officer or employee or a special State officer or employee, or a
member of the Legislature, either prior to the filing of a lawsuit by that
person or at any time after a lawsuit is filed.�

���� The bill also prohibits the
use of campaign funds to make a payment to a person in settlement of a claim
that the person was the victim of sexual assault or sexual harassment by a
candidate or an employee of a candidate, either prior to the filing of a lawsuit
by that person or at any time after a lawsuit is filed. �