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S3698
SENATE, No. 3698
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 24, 2026
Sponsored by:
Senator� VIN GOPAL
District 11 (Monmouth)
SYNOPSIS
���� Requires registration for certain persons requesting
pardon, commutation, or reprieve of sentence.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning requests for sentence pardons, commutations,
and reprieves, amending P.L.1971, c.183, and supplementing Title 2A of the New
Jersey Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� (New section) a.� Any
person seeking a pardon, commutation, or reprieve of a sentence on behalf of
another person, who is not a governmental affairs agent under subsection g. of
section 3 of P.L.1971, c.183 (C.52:13C-20), shall, prior to any communication
regarding such pardon, commutation, or reprieve of a sentence with the
Governor, the Lieutenant Governor, the Governor�s staff, or an officer or staff
member of the Executive Branch, file a signed registration form with the Office
of the Governor in such detail as the office may prescribe, which registration
form shall contain, at a minimum, the following information:
���� (1)�� the name, business,
employer, or personal address, if applicable, and regular occupation of the
registrant;
���� (2)�� the name of the person
on whose behalf the registrant is seeking a pardon, commutation, or reprieve
and the registrant�s relation to that person;
���� (3)�� whether the registrant
is receiving any compensation from any other person or entity to seek the
pardon, commutation, or reprieve and, if so, the name, business, employer, or
personal address, and occupation of the person providing such compensation, and
the amount of such compensation; and
���� (4) whether the registrant has
made a contribution to the campaign of the Governor the request for the pardon,
commutation, or reprieve is addressed to and, if so, the date and amount of the
contribution.
���� b. (1) Any person seeking a
pardon, commutation, or reprieve of a sentence on behalf of another person, who
meets the definition of a governmental affairs agent under subsection g. of
section 3 of P.L.1971, c.183 (C.52:13C-20), shall, prior to any communication
with the Governor, the Lieutenant Governor, the Governor�s staff, or an officer
or staff member of the Executive Branch regarding such pardon, commutation, or
reprieve, be registered as a governmental affairs agent and shall be subject to
all provisions of the �Legislative and Governmental Process Activities
Disclosure Act,� P.L.1971, c.183 (C.52:13C-18 et seq.).
���� (2) Any registrant under
subsection a. of this section who indicates that the registrant is receiving
any compensation from any other person or entity to seek the pardon,
commutation, or reprieve, shall be required to register as a governmental
affairs agent if the amount of such compensation is sufficient to require the
registrant to register as a governmental affairs agent pursuant to subsection
g. of section 3 of P.L.1971, c.183 (C.52:13C-20).
���� c.���� The Office of the
Governor shall compile and publish quarterly a list of all persons registered
under subsection a. of this section, and of all governmental affairs agents
under subsection b. of this section filing a notice of representation pursuant
to section 4 of P.L.1971, c.183 (C.52:13C-21), together with the information
contained in their registrations, the information contained in their notices of
representation, and the information contained in their last quarterly report,
as appropriate, which list shall be distributed to all members of the
Legislature, and published in the New Jersey Register.
���� d.��� The Office of the
Governor shall develop forms, instructions, and guidelines to govern the
content of any information required to be disclosed under this section and
shall take such steps as are reasonably necessary to ensure that all such
information is, in accordance with those forms, instructions, and guidelines,
both accurate and complete.
���� e.���� Notwithstanding any
provision of any law, rule, or regulation to the contrary, the requirements of
this section shall not apply to any attorney or employee of the Office of the
Public Defender acting within the scope of official duties on behalf of a
client represented by the Office of the Public Defender in any open criminal or
post-conviction matter. �Such attorney or employee may communicate with the
Governor, the Lieutenant Governor, the Governor�s staff, or an officer or staff
member of the Executive Branch concerning a pardon, commutation, or reprieve
without registration.
���� 2.��� Section 3 of
P.L.1971, c.183
(C.52:13C-20) is amended to read as
follows:
���� 3.��� For the purposes of this
act, as amended and supplemented, unless the context clearly requires a
different meaning:
���� a.���� The term
"person" includes an individual, partnership, committee, association,
corporation, and any other organization or group of persons.
���� b.��� The term
"legislation" includes all bills, resolutions, amendments,
nominations and appointments pending or proposed in either House of the
Legislature, and all bills and resolutions which, having passed both Houses,
are pending approval by the Governor.
���� c.���� The term
"Legislature" includes the Senate and General Assembly of the State
of New Jersey and all committees and commissions established by the Legislature
or by either House thereof.
���� d.��� The term
"lobbyist" means any person, partnership, committee, association,
corporation, labor union or any other organization that employs, engages or
otherwise uses the services of any governmental affairs agent to influence
legislation, regulation or governmental processes.
���� e.���� (1) The term
"Governor" includes the Governor or the Acting Governor; and
���� (2) the term "Lieutenant
Governor" means the person elected to that office, or appointed to fill a
vacancy therein, pursuant to Article V, Section I of the New Jersey
Constitution.
���� f.���� The term
"communication with a member of the Legislature", "with
legislative staff," "with the Governor," "with the
Lieutenant Governor," "with the Governor's staff," or "with
an officer or staff member of the Executive Branch" means any
communication, oral or in writing or any other medium, addressed, delivered,
distributed or disseminated, respectively, to a member of the Legislature, to
legislative staff, to the Governor, to the Lieutenant Governor, to the
Governor's staff, or to an officer or staff member of the Executive Branch, as
distinguished from communication to the general public including but not
limited to a member of the Legislature, legislative staff, the Governor, the
Lieutenant Governor, the Governor's staff, or an officer or staff member of the
Executive Branch.� If any person shall obtain, reproduce or excerpt any
communication or part thereof which in its original form was not a
communication under this subsection and shall cause such excerpt or
reproduction to be addressed, delivered, distributed or disseminated to a
member of the Legislature, to legislative staff, to the Governor, to the
Lieutenant Governor, to the Governor's staff, or to an officer or staff member
of the Executive Branch, such communication, reproduction or excerpt shall be
deemed a communication with the member of the Legislature, with legislative
staff, with the Governor, with the Lieutenant Governor, with the Governor's
staff, or with an officer or staff member of the Executive Branch by such
person.�
The term communication �with the Governor,� �with the Lieutenant
Governor,� �with the Governor�s staff,� or �with an officer or staff member of
the Executive Branch� shall also mean and include any communication concerning
the granting of pardons, commutations, or reprieves by the Governor.
���� g.��� The term
"governmental affairs agent" means any person who receives or agrees
to receive, directly or indirectly, compensation, in money or anything of value
including reimbursement of his expenses where such reimbursement exceeds
$100.00 in any three-month period, to influence legislation, to influence
regulation or to influence governmental processes, or all of the above, by
direct or indirect communication with, or by making or authorizing, or causing
to be made or authorized, any expenditures providing a benefit to, a member of
the Legislature, legislative staff, the Governor, the Lieutenant Governor, the
Governor's staff, or any officer or staff member of the Executive Branch, or
who holds himself out as engaging in the business of influencing legislation,
regulation or governmental processes, by such means, or who incident to his
regular employment engages in influencing legislation, regulation or
governmental processes, by such means; provided, however, that a person shall
not be deemed a governmental affairs agent who, in relation to the duties or
interests of his employment or at the request or suggestion of his employer,
communicates with a member of the Legislature, with legislative staff, with the
Governor, with the Lieutenant Governor, with the Governor's staff, or with an
officer or staff member of the Executive Branch concerning any legislation,
regulation or governmental process, if such communication is an isolated,
exceptional or infrequent activity in relation to the usual duties of his employment.
���� h.��� The term "influence
legislation" means to make any attempt, whether successful or not, to
secure or prevent the initiation of any legislation, or to secure or prevent
the passage, defeat, amendment or modification thereof by the Legislature, or
the approval, amendment or disapproval thereof by the Governor in accordance
with his constitutional authority.
���� i.���� The term
"statement" includes a notice of representation or a report required
by this act, as amended and supplemented.
���� j.���� (Deleted by amendment,
P.L.1991, c.243).
���� k.��� The term "member of
the Legislature" includes any member or member-elect of, or any person who
shall have been selected to fill a vacancy in, the Senate or General Assembly,
and any other person who is a member or member-designate of any committee or
commission established by the Legislature or by either House thereof.
���� l.���� The term
"legislative staff" includes all staff, assistants and employees of
the Legislature or any of its members in the member's official capacity,
whether or not they receive compensation from the State of New Jersey.
���� m.�� The term "Governor's
staff" includes the members of the Governor's Cabinet, the Secretary to
the Governor, the Counsel to the Governor and all professional employees in the
office of the Counsel to the Governor, and all other employees of the Office of
the Governor, including employees of that office who may be assigned by the
Governor to assist the Lieutenant Governor.
���� n.��� The term "officer
or staff member of the Executive Branch" means any assistant or deputy
head of a principal department in the Executive Branch of State Government,
including all assistant and deputy commissioners; the members and chief executive
officer of any authority, board, commission or other agency or instrumentality
in or of such a principal department; and any officer of the Executive Branch
of State Government other than the Governor who is not included among the
foregoing or among the Governor's staff, but including the Lieutenant Governor
when the Lieutenant Governor has been appointed by the Governor to serve in any
of the foregoing positions, but who is empowered by law to issue, promulgate or
adopt administrative rules and regulations or to administer governmental
processes, and any person employed in the office of such an officer who is
involved with the development, issuance, promulgation or adoption of such rules
and regulations or administration of governmental processes in the regular course
of employment.
���� o.��� The term
"regulation" includes any administrative rule or regulation affecting
the rights, privileges, benefits, duties, obligations, or liabilities of any
one or more persons subject by law to regulation as a class, but does not
include an administrative action (1) to issue, renew or deny, or, in an
adjudicative action, to suspend or revoke, a license, order, permit or waiver
under any law or administrative rule or regulation, (2) to impose a penalty, or
(3) to effectuate an administrative reorganization within a single principal
department of the Executive Branch of State Government.
���� p.��� The term "influence
regulation" means to make any attempt, whether successful or not, to
secure or prevent the proposal of any regulation or to secure or prevent the
consideration, amendment, issuance, promulgation, adoption or rejection thereof
by an officer or any authority, board, commission or other agency or
instrumentality in or of a principal department of the Executive Branch of
State Government empowered by law to issue, promulgate or adopt administrative
rules and regulations.
���� q.��� The term
"expenditures providing a benefit" or "expenditures providing
benefits" means any expenditures for entertainment, food and beverage,
travel and lodging, honoraria, loans, gifts or any other thing of value, except
for (1) any money or thing of value paid for past, present, or future services
in regular employment, whether in the form of a fee, expense, allowance,
forbearance, forgiveness, interest, dividend, royalty, rent, capital gain, or
any other form of recompense, or any combination thereof, or (2) any dividends
or other income paid on investments, trusts, and estates.
���� r.���� The term
"commission" means the Election Law Enforcement Commission
established pursuant to section 5 of P.L.1973, c.83 (C.19:44A-5).
���� s.���� The term
"communication with the general public" means any communication:
���� (1)�� disseminated to the
general public through direct mail or in the form of a paid advertisement in a
newspaper, magazine, or other printed publication of general circulation or
aired on radio, television, or other broadcast medium, and
���� (2)�� which explicitly
supports or opposes a particular item or items of legislation or regulation, or
the content of which can reasonably be understood, irrespective of whether the
communication is addressed to the general public or to persons in public office
or employment, as intended to influence legislation or to influence regulation.
���� t.���� The terms
"influence governmental processes", "influencing governmental
processes" or "influence governmental process" means to make any
attempt, whether successful or not, to assist a represented entity or group to
engage in communication with, or to secure information from, an officer or
staff member of the Executive Branch, or any authority, board, commission or
other agency or instrumentality in or of a principal department of the
Executive Branch of State Government, empowered by law to administer a governmental
process or perform other functions that relate to such processes.
���� u.��� The term
"governmental process" means:
���� promulgation of executive
orders;
���� rate setting;
���� development, negotiation,
award, modification or cancellation of public contracts;
���� issuance, denial,
modification, renewal, revocation or suspension of permits, licenses or
waivers;
���� procedures for bidding;
���� imposition or modification of
fines and penalties;
���� procedures for purchasing;
���� rendition of administrative
determinations;
[
and
]
���� award, denial, modification,
renewal or termination of financial assistance, grants and loans
; and
����
grants of pardons,
commutations, or reprieves by the Governor
.
���� v.��� The term "public
contract" means a contract the cost or price of which is to be paid with
or out of State funds or the funds of an independent authority created by the
State or by the Legislature.
(cf: P.L.2009, c.66, s.37)
���� 3.��� This act shall take
effect 60 days after the date of enactment.
STATEMENT
���� This bill requires registration
for certain persons requesting a pardon, commutation, or reprieve of a sentence
for an individual.
���� Under the bill, any person
seeking a pardon, commutation, or reprieve of a sentence on behalf of another
person, who is not a governmental affairs agent under the �Legislative and
Governmental Process Activities Disclosure Act,� will be required to file a
signed registration form with the Office of the Governor.� The form will be
required to be filed prior to any communication with the Governor, the
Lieutenant Governor, the Governor�s staff, or an officer or staff member of the
Executive Branch regarding such pardon, commutation, or reprieve of a sentence.
�Attorneys or employees of the Office of the Public Defender acting within the
scope of official duties on behalf of a client represented by the Office of the
Public Defender in any open criminal or post-conviction matter will not be
required to register under the bill.
���� Under the bill, the following
information is required on the registration form, in addition to any other
information the Office of the Governor may request:
���� (1)�� the name, business,
employer, or personal address, if applicable, and regular occupation of the
registrant;
���� (2)�� the name of the person
on whose behalf the registrant is seeking a pardon, commutation, or reprieve
and the registrant�s relation to that person;
���� (3)�� whether the registrant
is receiving any compensation from any other person or entity to seek the
pardon, commutation, or reprieve and, if so, the name, business, employer, or
personal address, and occupation of the person providing the compensation, and the
amount of the compensation; and
���� (4)�� whether the registrant
has made a contribution to the campaign of the Governor the request for the
pardon, commutation, or reprieve is addressed to and, if so, the date and
amount of the contribution.
���� Under the bill, any person
seeking a pardon, commutation, or reprieve of a sentence on behalf of another
person, who meets the definition of a governmental affairs agent under the �Legislative
and Governmental Process Activities Disclosure Act,� will be required to be
registered as a governmental affairs agent prior to any communication with the
Governor, the Lieutenant Governor, the Governor�s staff, or an officer or staff
member of the Executive Branch, and will be subject to all provisions of that
law.
���� Any registrant who indicates
that the registrant is receiving any compensation from any other person or
entity to seek the pardon, commutation, or reprieve, will be required to
register as a governmental affairs agent if the amount of the compensation meets
the definition of governmental affairs agent in the �Legislative and
Governmental Process Activities Disclosure Act.�
���� The bill directs the
Governor�s Office to compile and publish quarterly a list of all registrants
and governmental affairs agents then registered as required by the bill.� The
list will include the information contained in their registrations, notices of
representation, and last quarterly report.� The list will be distributed to all
members of the Legislature and published in the New Jersey Register.
���� This bill additionally
requires persons who are registered governmental affairs agents under the �Legislative
and Governmental Process Activities Disclosure Act� to report on activity
related to pardons, commutations, or reprieves of sentences as part of the
required reporting regarding the influence of governmental process.