The purpose of this chapter is to comply with and adopt the
provisions N.J.S.A. 19:44A-20.3 et seq.
As used in this chapter, unless otherwise noted, the following
terms shall have the meanings indicated, as delineated within N.J.S.A.
19:44A-20.7:
BUSINESS ENTITY
Any natural or legal person, business corporation, professional
services corporation, limited liability company, partnership, limited
partnership, business trust, association or any other legal commercial
entity organized under the laws of this state or of any other state
or foreign jurisdiction.
INTEREST
The ownership or control of more than 10% of the profits
or assets of a business entity or 10% of the stock in the case of
a business entity that is a corporation for profit, as appropriate.
When a business entity is a natural person, a contribution by
that person's spouse or child, residing therewith, shall be deemed
to be a contribution by the business entity. When a business entity
is other than a natural person, a contribution by any person or other
business entity having an interest therein shall be deemed to be a
contribution by the business entity. When a business entity is other
than a natural person, a contribution by: all principals, partners,
officers, or directors of the business entity or their spouses; any
subsidiaries directly or indirectly controlled by the business entity;
or any political organization organized under Section 527 of the Internal
Revenue Code that is directly or indirectly controlled by the business
entity, other than a candidate committee, election fund, or political
party committee, shall be deemed to be a contribution by the business
entity.
If a business entity makes a contribution that would cause it
to be ineligible to receive a public contract, or, in the case of
a contribution made during the term of a public contract, that would
constitute a violation of the Pay to Play Acts, the business entity
may request, in writing, within 60 days of the date on which the contribution
was made, that the recipient thereof repay the contribution and, if
repayment is received within those 60 days, the business entity would
again be eligible to receive a contract, or would no longer be in
violation, as appropriate.
Nothing contained in this chapter shall be construed as prohibiting
the awarding of a contract when the public exigency requires the immediate
delivery of goods or performance of emergency services.
Prior to awarding any contract, except a contract that is awarded
pursuant to a fair and open process, the Township of Manchester shall
require the business entity to which the contract is to be awarded
to provide a written certification that it has not made a contribution
that would bar the award of a contract pursuant to this chapter. A
business entity shall have a continuing duty to report to the Election
Law Enforcement Commission any contributions that constitute a violation
of this chapter that are made during the duration of a contract.
Violations of this chapter shall result in penalties as prescribed
within N.J.S.A. 19:44A-20.10 and 19:44A-20.11.