Bill Text: CT HB07248 | 2017 | General Assembly | Comm Sub
Bill Title: An Act Concerning Appointments To The Citizen's Ethics Advisory Board And The Board's Authority In Ethics Enforcement Proceedings.
Spectrum: Committee Bill
Status: (Passed) 2017-07-11 - Signed by the Governor [HB07248 Detail]
Download: Connecticut-2017-HB07248-Comm_Sub.html
General Assembly |
Raised Bill No. 7248 | ||
January Session, 2017 |
LCO No. 4944 | ||
*_____HB07248JUD___042617____* | |||
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS |
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Introduced by: |
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(GAE) |
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AN ACT CONCERNING RECOVERY OF ATTORNEY FEES AND CONTRACTING WITH QUASI-PUBLIC AGENCIES UNDER THE STATE CODE OF ETHICS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (c) of section 1-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(c) If [a judge trial referee finds, after a hearing pursuant to this section, that there is no probable cause to believe that a public official or state employee has violated a provision of this part or section 1-101nn, or if the board determines that a public official or state employee has not violated any such provision, or if a court of competent jurisdiction overturns a finding by the board of a violation by such a respondent,] (1) after a hearing pursuant to this section, the board determines that the matter was brought without any substantial justification, or (2) on a subsequent appeal of the board's decision, a court of competent jurisdiction makes such determination, the state shall pay the reasonable legal expenses of the respondent as determined by the Attorney General or by the court, if appropriate, provided the amount of such payment shall not exceed twenty-five thousand dollars. If any complaint brought under the provisions of this part or section 1-101nn is made with the knowledge that it is made without foundation in fact, the respondent shall have a cause of action against the complainant for double the amount of damage caused thereby and if the respondent prevails in such action, he may be awarded by the court the costs of such action together with reasonable attorneys' fees.
Sec. 2. Subsection (i) of section 1-84 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(i) (1) No public official or state employee or member of the official or employee's immediate family or a business with which he is associated shall enter into any contract with the state or a quasi-public agency, valued at one hundred dollars or more, other than a contract (A) of employment as a state employee, (B) with the technical high school system for students enrolled in a school in the system to perform services in conjunction with vocational, technical or technological education and training any such student is receiving at a school in the system, subject to the review process under subdivision (2) of this subsection, (C) with a public institution of higher education to support a collaboration with such institution to develop and commercialize any invention or discovery, or (D) pursuant to a court appointment, unless the contract has been awarded through an open and public process, including prior public offer and subsequent public disclosure of all proposals considered and the contract awarded. In no event shall an executive head of an agency, as defined in section 4-166, including a commissioner of a department, or an executive head of a quasi-public agency, as defined in section 1-79, or the executive head's immediate family or a business with which he is associated enter into any contract with [that] such agency or quasi-public agency. Nothing in this subsection shall be construed as applying to any public official who is appointed as a member of the executive branch or as a member or director of a quasi-public agency and who receives no compensation other than per diem payments or reimbursement for actual or necessary expenses, or both, incurred in the performance of the public official's duties unless such public official has authority or control over the subject matter of the contract. Any contract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced not later than one hundred eighty days after the making of the contract.
(2) The superintendent of the technical high school system shall establish an open and transparent process to review any contract entered into under subparagraph (B) of subdivision (1) of this subsection.
Sec. 3. Section 1-86e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) No person hired by the state or a quasi-public agency as a consultant or independent contractor, and no person employed by such consultant or independent contractor, shall:
(1) Use the authority provided [to the person] under the contract, or any confidential information acquired in the performance of the contract, to obtain financial gain for the [person] consultant or independent contractor, an employee of the [person] consultant or independent contractor or a member of the immediate family of any such [person] consultant, independent contractor or employee;
(2) Accept another state or quasi-public agency contract which would impair the independent judgment of the person in the performance of the existing contract; or
(3) Accept anything of value based on an understanding that the actions of the person on behalf of the state or a quasi-public agency would be influenced.
(b) No person shall give anything of value to a person hired by the state or a quasi-public agency as a consultant or independent contractor or an employee of a consultant or independent contractor based on an understanding that the actions of the consultant, [or] independent contractor or employee on behalf of the state or a quasi-public agency would be influenced.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2017 |
1-82(c) |
Sec. 2 |
October 1, 2017 |
1-84(i) |
Sec. 3 |
October 1, 2017 |
1-86e |
GAE |
Joint Favorable |
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JUD |
Joint Favorable |