BILL NUMBER: S5732

SPONSOR: KRUEGER
 
TITLE OF BILL:  An act to amend the legislative law, in relation to
prohibiting a member from disbursing moneys pursuant to memoranda of
understanding regarding certain line item appropriations in the state
budget prior to an election

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to prohibit a member of the legisla-
ture from disbursing monies pursuant to memoranda of understanding
regarding certain line item appropriations prior to an election,

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The Legislative Law is amended by adding a new section 13 to
read as follows: Limitations on line item appropriations prior to an
election. No member of the legislature shall disburse or make public any
single grant pursuant to memoranda of understanding or any segregation
of lump sum appropriation for unspecified capital projects and operating
              

grants resulting from the state budget process between the executive and
the legislature within sixty days prior to such member's election.

Section 2. Establishes the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

This portion of this memorandum is not applicable at this time.

 
JUSTIFICATION:

There have been recurring instances of State legislators disbursing
funds, and making public those disbursements to organizations, munici-
palities, and agencies within their districts' close to Election Day.
For example, immediately prior to Election Day, incumbent legislators
have conducted press conferences, publicity events, and campaign appear-
ances as well as disseminated brochures and other materials printed with
state grant support, describing those financial awards.

The ability to disburse and advertise the grant awards immediately prior
to Election Day is a misuse of the public dollar. Additionally, this
presents an enormous political advantage to the incumbent legislator
that is difficult to overcome by an opponent(s). It is important that
individuals who choose to serve the public interest by running for elec-
tive office are able to start on an even playing field.

State legislators will retain the ability to disburse funds during twen-
ty-two (22) of the (24) months of their elective term so that there will
be no negative impact on deserving entities. By enacting a 60 day prohi-
bition prior to Election Day, the fund disbursement system and the State
legislator's integrity is protected.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: A.4215 Galef/No Same As- died in Governmental Operations
2015-16: A.5016 Galef/No Same As- died in Governmental Operations
2013-14: A.6856 Galef/No Same As- died in Governmental Operations
2011-12: A.7187 Galef/No Same As- died in Governmental Operations
2009-10: A.6856 Galef/No Same As- died in Governmental Operations
2007-08: A.6019 Galef/No Same As- died in Governmental Operations

 
FISCAL IMPLICATIONS:

There are no fiscal implications associated with the passage of this
legislation.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.