SENATE, No. 652

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 5, 1996

By Senators SCHLUTER and LYNCH

An Act restricting the receipt of certain things of value by members of the Legislature and officers and employees of the State and limiting certain gifts thereto and amending and supplementing P.L.1971, c.182 and supplementing P.L.1971, c.183.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 13 of P.L.1971, c.182 (C.52:13D-24) is amended to read as follows:

    13. a. No State officer or employee, special State officer or employee, or member of the Legislature shall solicit, receive or agree to receive, whether directly or indirectly, any compensation, reward, employment, gift, honorarium, out of State travel or subsistence expense or other thing of value from any source other than the State of New Jersey, for any service, advice, assistance, appearance, speech or other matter related to his official duties, except [reasonable fees for speeches or published works on matters within his official duties and except, in connection therewith, reimbursement of actual expenditures for travel and reasonable subsistence for which no payment or reimbursement is made by the State of New Jersey] as authorized in this section.

    b. A State officer or employee, special State officer or employee, or member of the Legislature may, in connection with any service, advice, assistance, appearance, speech or other matter related to his official duties, solicit, receive or agree to receive, whether directly or indirectly, from sources other than the State, the following:

    (1) reasonable fees for published books on matters within his official duties;

    (2) reimbursement or payment of actual and reasonable expenditures for travel or subsistence in New Jersey which is not paid for by the State of New Jersey;

    (3) reimbursement or payment of actual and reasonable expenditures for travel or subsistence outside New Jersey not to exceed $500.00 per trip which is not paid for by the State of New Jersey. Members of the Legislature shall obtain the joint approval of the presiding officer and minority leader of the member's House before accepting any reimbursement or payment of expenditures for travel or subsistence outside New Jersey.

    As used in this section "reasonable expenditures for travel or subsistence" means commercial travel rates directly to and from an event and food and lodging expenses which are moderate and neither elaborate nor excessive.

    c. This section shall not apply to the solicitation or acceptance of contributions to the campaign of an announced candidate for elective public office, except that campaign contributions may not be accepted if they are known to be given in lieu of a payment prohibited pursuant to this section.

(cf: P.L.1971, c.182, s.13)

    2. (New section) Except as expressly authorized in section 13 of P.L.1971, c.182 (C.52:13D-24) or where the lobbyist or legislative agent is a member of the immediate family of the State officer or employee, special State officer or employee or member of the Legislature, no State officer or employee, special State officer or employee or member of the Legislature may accept, directly or indirectly, any compensation, awards, employment, gifts or other things of value from each lobbyist or legislative agent, as defined in the "Legislative Activities Disclosure Act of 1971," P.L.1971, c.183 (C.52:13C-18 et. seq.), totalling more than $100.00 in a calendar year.

    3. (New section) Except as expressly authorized in section 13 of P.L.1971, c.182 (C.52:13D-24) or where the lobbyist or legislative agent is a member of the immediate family of the State officer or employee, special State officer or employee or member of the Legislature, no lobbyist or legislative agent shall offer or give or agree to offer or give, directly or indirectly, any compensation, awards, employment, gifts or other things of value to a State officer or employee, special State officer or employee or member of the Legislature, totalling more than $100.00 in a calendar year.

    4. (New section) The Legislature shall provide a program on legislative ethics for its members and State officers or employees and special State officers or employees in the Legislative Branch of government no later than April 1 of every even-numbered year.

    5. This act shall take effect on January 1 next following enactment.

STATEMENT

    This bill amends and supplements the "New Jersey Conflicts of Interest Law" and supplements the "Legislative Activities Disclosure Act of 1971."

    The bill prohibits legislators, State officers or employees or special State officers or employees from soliciting or receiving honoraria from sources other than the State for matters related to their official duties. The bill also limits the receipt of travel or subsistence expenses related to official duties from sources other than the State. Legislators, State officers or employees and special State officers or employees would be allowed to receive reasonable reimbursement or payment of expenditures for travel or subsistence in New Jersey from sources other than the State for official appearances. Reimbursement or payment of expenditures for travel or subsistence outside New Jersey from sources other than the State for official appearances would be limited to $500.00 per trip. Legislators would have to receive joint approval from the presiding officer and minority leader of their House before accepting reimbursement or payment of expenditures for travel or subsistence outside New Jersey.

    Except for the travel or subsistence expenses so authorized, legislators, State officers or employees and special State officers or employees would be prohibited from accepting from a lobbyist or legislative agent, and lobbyists or legislative agents would be prohibited from giving to legislators, State officers or employees and special State officers and employees, things of value totalling more than $100.00 in a calendar year. Where a lobbyist or legislative agent is a member of the immediate family of a legislator, State officer or employee or special State officer or employee the restriction would not apply.

    The bill also requires the Legislature to provide on a biennial basis a program on legislative ethics for legislators and officers and employees in the Legislative Branch of State government.

    The bill would take effect on January 1 next following enactment.

Restricts the receipt of certain things of value by legislators and officers and employees of the State and limits certain gifts thereto.