As used in this chapter, the following terms shall have the
meanings indicated:
BUSINESS ENTITY
A "business entity" whose contributions are regulated by
this chapter means:
A.
An individual, including the individual's spouse, and any
child/children;
B.
A firm; corporation; professional corporation; partnership;
limited liability company; organization; association; and any other
manner and kind of business entity;
C.
Any person who owns 10% or more of the equity or ownership or income interests in a person or entity as defined in Subsections
A and
B above and their spouses and child/children;
D.
All partners or officers of such an entity, in the aggregate,
and their spouses and child/children;
E.
Any person, subcontractor, subsidiary, corporation, firm, partnership, limited liability company, organization or association who has received or indefeasibly acquired the right to receive, from a person described in Subsection
A above, more than $100,000 in compensation or income of any kind (including, by way of illustration, and not limitation: wages, salaries, sums paid to independent contractors, benefits, dividends, profit-sharing, pension contributions, deferred contributions, stocks, stock options or gifts), in any twelve-month period prior to the award of, or during the term of, a contract subject to this chapter; and
F.
All persons who are an "affiliate" of a business entity as defined in Subsections
A,
B and
E above, as such term is used in 11 U.S.C. § 101(2).
CONTRIBUTION
Has the meaning prescribed in N.J.A.C. 19:25-1.7. By way
of illustration, and not limitation, this definition includes pledges,
loans, and in-kind contributions.
No contribution or solicitation of contributions made prior
to the effective date of this chapter shall be deemed to give rise
to a violation of this chapter.
No contract subject to this chapter may be renewed, extended,
or materially modified unless the resulting renewal, extension, or
modification would be allowable under the provisions of this chapter
if it were an initial contract.
A business entity that is a party to a contract for professional
services or extraordinary unspecified services may cure a violation
of this chapter, if, within 30 days after the date on which the applicable
ELEC report is published, said business entity notifies the municipality
in writing and seeks and receives reimbursement of the contribution
from the recipient of such contribution.
If any provision of this chapter, or the application of any
such provision to any person or circumstances, shall be held invalid,
the remainder of this chapter to the extent it can be given effect,
or the application of such provision to persons or circumstances other
than those to which it is held invalid shall not be affected thereby,
and to this extent, the provisions of this chapter are severable.
The regulatory and penalty provisions of this chapter shall
be incorporated by reference into all Township of Weymouth contracts
for professional services and extraordinary unspecifiable services.