BILL NUMBER: S489

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:

2019-20:S.5732 referred to Investigations and Government Operations/
A.4215 Galef referred to Governmental Operations