Bill Text: NJ A371 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits members of the Legislature from acting on certain bills in which they have personal interest; redefines personal interest.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly State Government Committee [A371 Detail]
Download: New_Jersey-2012-A371-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman DAVID W. WOLFE
District 10 (Ocean)
SYNOPSIS
Prohibits members of the Legislature from acting on certain bills in which they have personal interest; redefines personal interest.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning voting or certain other actions by members 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)] 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] the member has a personal interest [until he files with the Clerk of the General Assembly or the Secretary of the Senate, as the case may be, a statement (which shall be entered verbatim on the journal of the General Assembly or the Senate) stating in substance that he has a personal interest in the legislation and that notwithstanding such interest, he is able to cast a fair and objective vote and otherwise participate in connection with such legislation].
[(b)] 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] the member's participation in the enactment or defeat of any legislation, [he] the member has reason to believe that [he] the member, the member's employer or client, or a member of the immediate family of the member of the Legislature 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] the member's participation in the enactment or defeat of any legislation, no benefit or detriment could reasonably be expected to accrue to him or her, 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.
(cf: P.L.1971, c.182, s.7)
2. This act shall take effect January 10, 2006.
STATEMENT
Under current law, a member of the Legislature may vote and otherwise participate in the legislative process concerning a bill in which he or she has a personal interest if the member files a statement that he or she has a personal interest in the legislation, but is nonetheless able to cast a fair and objective vote and otherwise participate in the legislative process concerning the bill. Personal interest is defined as the member deriving a direct monetary gain or suffering a direct monetary loss as a result of the member's participation in the enactment or defeat of the legislation. Legislation that would not affect a legislator differently than any other member of a certain business, profession, occupation or group to which the legislator may belong is not deemed to be legislation in which a legislator has a personal interest.
This bill would amend current law to prohibit a member of the Legislature from voting and otherwise participating in the legislative process concerning a bill in which the member has a personal interest. The definition of personal interest would be expanded to include any legislation that, as a result of the member's participation in the enactment or defeat of the legislation, the member or his or her immediate family, employer, or client would derive a direct monetary gain or suffer a direct monetary loss. Pursuant to existing law, a "member of the immediate family" includes a legislator's spouse, child, parent, or sibling residing in the same household. Legislation that would not affect a legislator differently than any other member of a certain business, profession, occupation or group to which the legislator may belong would not be deemed to be legislation in which a legislator has a personal interest.
