S1174B2180A12135     SFL:CDM  06/19/12     #90        A12135

  

  

  

  

AMENDMENTS TO SENATE BILL NO. 1174

Printer's No. 2180

  

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Amend Bill, page 5, by inserting between lines 14 and 15

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Section 2.1.  Section 8 of the act, amended May 20, 1949

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(P.L.1614, No.486), is amended to read:

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Section 8.  Interested Members or Employes.--(1)  No member

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[or], employe or person appointed to any decision-making body of

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an Authority shall acquire any interest, direct or indirect, in

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any housing project or in any property included or planned to be

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included in any project, nor shall he have any interest, direct

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or indirect, in any contract or proposed contract for materials

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or services to be furnished or used in connection with any

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housing project. If any member [or], employe or person appointed

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to any decision-making body of an Authority owns or controls an

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interest, direct or indirect, in any property included or

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planned to be included in any housing project of the Authority,

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or has any such interest in any contract for material or

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services to be furnished or used in connection with any housing

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project, he shall immediately disclose the same in writing to

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the Authority, and such disclosure shall be entered in writing

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upon the minute books of the Authority. Failure so to disclose

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such interest shall constitute misconduct in office. Upon such

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disclosure, such member, employe or appointee to any decision-

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making body of the Authority shall not participate in any action

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by the Authority affecting such property. Any such undisclosed

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profit, which results to any member or employe of an Authority

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or person appointed to any decision-making body of the

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Authority, shall render such member [or], employe or person

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appointed to any decision-making body of the Authority liable to

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surcharge in favor of the Authority to the full amount of such

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profit. Such profit need not be realized in order to fall within

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the meaning of this section. Proceedings to surcharge any member

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[or], employe or person appointed to any decision-making body of

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the Authority may be instituted by an Authority or by the State

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Planning Board on its behalf with or without its consent.

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(2)  No member of the Authority, employe of the Authority or

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any person appointed to any decision-making body of the

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Authority shall engage in conduct or activities that would:

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(i)  be, or appear to be, in conflict with the member's,

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employe's or appointee's official duties to the Authority or any

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decision-making body of the Authority that is served by or

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subject to the Authority;

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(ii)  secure, or appear to secure, unwarranted privileges or

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advantages for such member, employe or appointee to any

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decision-making body of the Authority or others; or

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(iii)  prejudice, or appear to prejudice, such member's,

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employe's or appointee's to any decision-making body of the

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Authority independence of judgment in exercise of his or her

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official duties relating to the Authority.

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(3)  No member, employe or appointee to any decision-making

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body of the Authority shall act in an official capacity in any

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manner in which such member, employe or appointee to any

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decision-making body of the Authority has a direct or indirect

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financial or personal involvement.

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(4)  No member, employe or appointee to any decision-making

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body of the Authority shall use his or her public office or

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employment to secure financial gain to such member, employe or

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appointee to any decision-making body of the Authority.

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(5)  No provision of this section shall preclude a tenant of

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the Authority from serving as a member or employe of the

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Authority or as an appointee to any decision-making body of the

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Authority. No provision of this section shall preclude a tenant

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of the Authority who is serving as a member, employe, or

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appointee to any decision-making body of the Authority from

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voting on any issue or decision, or participating in any action

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by the Authority, unless a conflict of interest, as set forth in

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paragraphs (2), (3) and (4), exists as to that particular tenant

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and the particular property or interest at issue before, or

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subject to action by the Authority.

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