STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblywoman CAROLINE CASAGRANDE
District 11 (Monmouth)
SYNOPSIS
Prohibits member of Legislature from seeking certain grants or loans through annual appropriations act or legislatively-controlled program.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning a conflict of interest for a member of the Legislature and amending P.L.1971, c.182.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 7 of P.L.1971, c.182 (C.52:13D-18) is amended to read as follows:
7. a. No member of the Legislature shall participate by voting or any other action, on the floor of the General Assembly or the Senate, or in committee or elsewhere, in the enactment or defeat of legislation in which he has a personal interest.
b. A member of the Legislature shall be deemed to have a personal interest in any legislation within the meaning of this section if, by reason of his participation in the enactment or defeat of any legislation, he has reason to believe that he, or a member of his immediate family, will derive a direct monetary gain or suffer a direct monetary loss. No member of the Legislature shall be deemed to have a personal interest in any legislation within the meaning of this section if, by reason of his participation in the enactment or defeat of any legislation, no benefit or detriment could reasonably be expected to accrue to him, or a member of his immediate family, as a member of a business, profession, occupation or group, to any greater extent than any such benefit or detriment could reasonably be expected to accrue to any other member of such business, profession, occupation or group.
c. No member of the Legislature shall knowingly and willfully use that office to obtain or attempt to obtain a specific grant or loan for an employer, or for an employer of an immediate family member, or for a client of any partnership, firm or corporation the member of the Legislature is associated with, has an ownership interest in, or receives a payment or commission from, if that grant or loan is directly awarded by the Legislature through the annual appropriations act or if the grant or loan is awarded through a program over which the Legislature or its members have substantial authority or control. A member of the Legislature found in violation of this provision shall be guilty of a crime of the third degree, in addition to any penalties pursuant to the "New Jersey Conflicts of Interest Law," P.L.1971, c.182 (C.52:13D-12 et seq.).
(cf: P.L.2004, c.23, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill prohibits a member of the Legislature from using that office to seek a specific grant or loan for an employer, or for an employer of an immediate family member, or for a client of any partnership, firm or corporation the member of the Legislature is associated with, has an ownership interest in, or receives a payment or commission from, if that grant or loan is directly awarded by the Legislature through the annual appropriations act or if the grant or loan is awarded through a program over which the Legislature or its members have substantial authority or control.
Under existing law, legislators are prohibited from voting or taking any action to enact or defeat legislation if the member has reason to believe that it would result in a direct monetary gain or loss to the member or a relative.
This bill expands this prohibition by including any action taken by a member to seek certain financial assistance through the annual appropriations act or in connection with a program over which the Legislature has substantial authority. This bill also provides that a member of the Legislature found in violation of this provision shall be guilty of a crime of the third degree, in addition to any penalties pursuant to the "New Jersey Conflicts of Interest Law," N.J.S.52:13D-12 et seq.