Bill Text: CT SB00036 | 2012 | General Assembly | Comm Sub

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Bill Title: An Act Concerning Revisions To The State Codes Of Ethics.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-04-20 - House Calendar Number 408 [SB00036 Detail]

Download: Connecticut-2012-SB00036-Comm_Sub.html

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General Assembly		Substitute Bill No. 36
February Session, 2012		*_____SB00036GAE___030512____*

AN ACT CONCERNING REVISIONS TO THE STATE CODES OF ETHICS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 1-79 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

The following terms, when used in this part, [shall] have the following meanings unless the context otherwise requires:

[(a)] (1) "Blind trust" means a trust established by a public official or state employee or member of his immediate family for the purpose of divestiture of all control and knowledge of assets.

[(b)] (2) "Business with which he is associated" means any sole proprietorship, partnership, firm, corporation, trust or other entity through which business for profit or not for profit is conducted in which the public official or state employee or member of his immediate family is a director, officer, owner, limited or general partner, beneficiary of a trust or holder of stock constituting five per cent or more of the total outstanding stock of any class, provided, a public official or state employee, or member of his immediate family, shall not be deemed to be associated with a not for profit entity solely by virtue of the fact that the public official or state employee or member of his immediate family is an unpaid director or officer of the not for profit entity. "Officer" refers only to the president, executive or senior vice president or treasurer of such business.

[(c)] (3) "Candidate for public office" means any individual who has filed a declaration of candidacy or a petition to appear on the ballot for election as a public official, or who has raised or expended money in furtherance of such candidacy, or who has been nominated for appointment to serve as a public official, but [shall] does not include a candidate for the office of senator or representative in Congress.

[(d)] (4) "Board" means the Citizen's Ethics Advisory Board established in section 1-80, as amended by this act.

[(e)] (5) "Gift" means anything of value, which is directly and personally received, unless consideration of equal or greater value is given in return. "Gift" [shall] does not include:

[(1)] (A) A political contribution otherwise reported as required by law or a donation or payment as described in subdivision (9) or (10) of subsection (b) of section 9-601a;

[(2)] (B) Services provided by persons volunteering their time, if provided to aid or promote the success or defeat of any political party, any candidate or candidates for public office or the position of convention delegate or town committee member or any referendum question;

[(3)] (C) A commercially reasonable loan made on terms not more favorable than loans made in the ordinary course of business;

[(4)] (D) A gift received from [(A)] (i) an individual's spouse, fiance or fiancée, [(B)] (ii) the parent, brother or sister of such spouse or such individual, or [(C)] (iii) the child of such individual or the spouse of such child;

[(5)] (E) Goods or services [(A) which] (i) that are provided to a state agency or quasi-public agency [(i)] (I) for use on state or quasi-public agency property, or [(ii)] (II) that support an event or the participation by a public official or state employee at an event, and [(B) which] (ii) that facilitate state or quasi-public agency action or functions. As used in this [subdivision] subparagraph, "state property" means [(i)] property owned by the state or a quasi-public agency, or [(ii)] property leased to a state agency or quasi-public agency;

[(6)] (F) A certificate, plaque or other ceremonial award costing less than one hundred dollars;

[(7)] (G) A rebate, discount or promotional item available to the general public;

[(8)] (H) Printed or recorded informational material germane to state action or functions;

[(9)] (I) Food or beverage or both, costing less than fifty dollars in the aggregate per recipient in a calendar year, and consumed on an occasion or occasions at which the person paying, directly or indirectly, for the food or beverage, or his representative, is in attendance;

[(10)] (J) Food or beverage or both, costing less than fifty dollars per person and consumed at a publicly noticed legislative reception to which all members of the General Assembly are invited and which is hosted not more than once in any calendar year by a lobbyist or business organization. For the purposes of such limit, [(A)] (i) a reception hosted by a lobbyist who is an individual shall be deemed to have also been hosted by the business organization which he owns or is employed by, and [(B)] (ii) a reception hosted by a business organization shall be deemed to have also been hosted by all owners and employees of the business organization who are lobbyists. In making the calculation for the purposes of such fifty-dollar limit, the donor shall divide the amount spent on food and beverage by the number of persons whom the donor reasonably expects to attend the reception;

[(11)] (K) Food or beverage or both, costing less than fifty dollars per person and consumed at a publicly noticed reception to which all members of the General Assembly from a region of the state are invited and which is hosted not more than once in any calendar year by a lobbyist or business organization. For the purposes of such limit, [(A)] (i) a reception hosted by a lobbyist who is an individual shall be deemed to have also been hosted by the business organization which he owns or is employed by, and [(B)] (ii) a reception hosted by a business organization shall be deemed to have also been hosted by all owners and employees of the business organization who are lobbyists. In making the calculation for the purposes of such fifty-dollar limit, the donor shall divide the amount spent on food and beverage by the number of persons whom the donor reasonably expects to attend the reception. As used in this subdivision, "region of the state" means the established geographic service area of the organization hosting the reception;

[(12)] (L) A gift, including, but not limited to, food or beverage or both, provided by an individual for the celebration of a major life event, provided any such gift provided by an individual who is not a member of the family of the recipient shall not exceed one thousand dollars in value;

[(13)] (M) Gifts costing less than one hundred dollars in the aggregate or food or beverage provided at a hospitality suite at a meeting or conference of an interstate legislative association, by a person who is not a registrant or is not doing business with the state of Connecticut;

[(14)] (N) Admission to a charitable or civic event, including food and beverage provided at such event, but excluding lodging or travel expenses, at which a public official or state employee participates in his official capacity, provided such admission is provided by the primary sponsoring entity;

[(15)] (O) Anything of value provided by an employer of [(A)] (i) a public official, [(B)] (ii) a state employee, or [(C)] (iii) a spouse of a public official or state employee, to such official, employee or spouse, provided such benefits are customarily and ordinarily provided to others in similar circumstances;

[(16)] (P) Anything having a value of not more than ten dollars, provided the aggregate value of all things provided by a donor to a recipient under this subdivision in any calendar year shall not exceed fifty dollars;

[(17)] (Q) Training that is provided by a vendor for a product purchased by a state or quasi-public agency which is offered to all customers of such vendor; or

[(18)] (R) Travel expenses, lodging, food, beverage and other benefits customarily provided by a prospective employer, when provided to a student at a public institution of higher education whose employment is derived from such student's status as a student at such institution, in connection with bona fide employment discussions.

[(f)] (6) "Immediate family" means any spouse, children or dependent relatives who reside in the individual's household.

[(g)] (7) "Individual" means a natural person.

[(h)] (8) "Member of an advisory board" means any individual [(1)] (A) appointed by a public official as an advisor or consultant or member of a committee, commission or council established to advise, recommend or consult with a public official or branch of government or committee thereof, [(2)] (B) who receives no public funds other than per diem payments or reimbursement for his actual and necessary expenses incurred in the performance of his official duties, and [(3)] (C) who has no authority to expend any public funds or to exercise the power of the state.

[(i)] (9) "Person" means an individual, sole proprietorship, trust, corporation, limited liability company, union, association, firm, partnership, committee, club or other organization or group of persons.

[(j)] (10) "Political contribution" has the same meaning as in section 9-601a except that for purposes of this part, the provisions of subsection (b) of [that] said section shall not apply.

[(k)] (11) "Public official" means any state-wide elected officer, any member or member-elect of the General Assembly, any person appointed to any office of the legislative, judicial or executive branch of state government by the Governor or an appointee of the Governor, with or without the advice and consent of the General Assembly, any public member or representative of the teachers' unions or state employees' unions appointed to the Investment Advisory Council pursuant to subsection (a) of section 3-13b, any person appointed or elected by the General Assembly or by any member of either house thereof, any member or director of a quasi-public agency and the spouse of the Governor, but [shall] does not include a member of an advisory board, a judge of any court either elected or appointed or a senator or representative in Congress.

[(l)] (12) "Quasi-public agency" means the Connecticut Development Authority, Connecticut Innovations, Incorporated, Connecticut Health and Education Facilities Authority, Connecticut Higher Education Supplemental Loan Authority, Connecticut Housing Finance Authority, [Connecticut] State Housing Authority, Connecticut Resources Recovery Authority, Lower Fairfield County Convention Center Authority, Capital City Economic Development Authority, Connecticut Lottery Corporation, Connecticut Airport Authority, Health Information Technology Exchange of Connecticut and Connecticut Health Insurance Exchange.

[(m)] (13) "State employee" means any employee in the executive, legislative or judicial branch of state government, whether in the classified or unclassified service and whether full or part-time, and any employee of a quasi-public agency, but [shall] does not include a judge of any court, either elected or appointed.

[(n)] (14) "Trust" means a trust in which any public official or state employee or member of his immediate family has a present or future interest which exceeds ten per cent of the value of the trust or exceeds fifty thousand dollars, whichever is less, but [shall] does not include blind trusts.

[(o)] (15) "Business organization" means a sole proprietorship, corporation, limited liability company, association, firm or partnership, other than a client lobbyist, which is owned by, or employs, one or more individual lobbyists.

[(p)] (16) "Client lobbyist" means a [person] lobbyist on behalf of whom lobbying takes place and who makes expenditures for lobbying and in furtherance of lobbying.

[(q)] (17) "Necessary expenses" means a public official's or state employee's expenses for an article, appearance or speech or for participation at an event, in his official capacity, which shall be limited to necessary travel expenses, lodging for the nights before, of and after the appearance, speech or event, meals and any related conference or seminar registration fees.

[(r)] (18) "Lobbyist" and "registrant" shall be construed as defined in section 1-91, as amended by this act.

[(s)] (19) "Legal defense fund" means a fund established for the payment of legal expenses of a public official or state employee incurred as a result of defending himself or herself in an administrative, civil, criminal or constitutional proceeding concerning matters related to the official's or employee's service or employment with the state or a quasi-public agency.

[(t)] (20) "State agency" means any office, department, board, council, commission, institution, constituent unit of the state system of higher education, vocational-technical school or other agency in the executive, legislative or judicial branch of state government.

Sec. 2. Section 1-84c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) Nothing in this chapter shall prohibit the donation of goods or services, as described in [subdivision (5) of subsection (e)] subparagraph (E) of subdivision (5) of section 1-79, as amended by this act, to a state agency or quasi-public agency, the donation of the use of facilities to facilitate state agency or quasi-public agency action or functions or the donation of real property to a state agency or quasi-public agency. As used in this section, "state agency" and "quasi-public agency" have the same meanings as provided in section 1-79, as amended by this act.

(b) The head of the state agency or the quasi-public agency employing the public official or state employee who is to receive a donated good or service to support the participation by such official or employee at an event as described in subparagraph (E) of subdivision (5) of section 1-79, as amended by this act, shall certify to the Office of State Ethics, prior to acceptance of such good or service, on an electronic form prescribed by the board, that such good or service facilitates state action or functions. In the case where there is no head of the state agency, such official or employee shall make such certification to the Office of State Ethics.

Sec. 3. Subsection (a) of section 1-80 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There shall be established, within the Office of Governmental Accountability established under section 1-300, an Office of State Ethics. Said office shall consist of an executive director, general counsel, ethics enforcement officer and such other staff as hired by the executive director. Within the Office of State Ethics, there shall be the Citizen's Ethics Advisory Board that shall consist of nine members, appointed as follows: One member shall be appointed by the speaker of the House of Representatives, one member by the president pro tempore of the Senate, one member by the majority leader of the Senate, one member by the minority leader of the Senate, one member by the majority leader of the House of Representatives, one member by the minority leader of the House of Representatives, and three members by the Governor. Members of the board [shall serve for four-year terms which shall commence on October 1, 2005, except that members] first appointed for a term commencing on October 1, 2005, shall have the following terms: The Governor shall appoint two members for a term of three years and one member for a term of four years; the majority leader of the House of Representatives, minority leader of the House of Representatives and the speaker of the House of Representatives shall each appoint one member for a term of two years; and the president pro tempore of the Senate, the majority leader of the Senate and the minority leader of the Senate shall each appoint one member for a term of four years. The term commencing October 1, 2009, for the member appointed by the Governor and the member appointed by the president pro tempore of the Senate, shall be five years. Upon the expiration of such members' five-year terms, such members may not be reappointed. Any member appointed on or after October 1, 2014, shall serve for a term of four years. No individual shall be appointed to more than one four-year term as a member of the board. [, provided, members] Members may not continue in office once their term has expired and members first appointed may not be reappointed, provided any member may continue to adjudicate at a hearing under subsection (b) of section 1-82 or subsection (b) of section 1-93 that commenced during such member's term of office. No more than five members shall be members of the same political party. The members appointed by the majority leader of the Senate and the majority leader of the House of Representatives shall be selected from a list of nominees proposed by a citizen group having an interest in ethical government. The majority leader of the Senate and the majority leader of the House of Representatives shall each determine the citizen group from which each will accept such nominations. One member appointed by the Governor shall be selected from a list of nominees proposed by a citizen group having an interest in ethical government. The Governor shall determine the citizen group from which the Governor will accept such nominations.

Sec. 4. Subsection (b) of section 1-80 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(b) All members shall be electors of the state. No member shall be a state employee. No member or employee of [such] said board shall (1) hold or campaign for any public office; (2) have held public office or have been a candidate for public office for a three-year period prior to appointment; (3) hold office in any political party or political committee or be a member of any organization or association organized primarily for the purpose of influencing legislation or decisions of public agencies; or (4) be an individual who is a registrant as defined in [subsection (q)] subdivision (17) of section 1-91, as amended by this act. For purposes of this subsection, "public office" does not include the offices of justice of the peace or notary public.

Sec. 5. Subsection (d) of section 1-80 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(d) The board shall elect a chairperson who shall, except as provided in subsection (b) of section 1-82 and subsection (b) of section 1-93, preside at meetings of the board and a vice-chairperson to preside in the absence of the chairperson. Six members of the board shall constitute a quorum. Except as provided in subdivision (3) of subsection (a) of section 1-81, as amended by this act, subsections (a) and (b) of section 1-82, subsection (b) of section 1-88, [subdivision (5)] subsection (e) of section 1-92, as amended by this act, subsections (a) and (b) of section 1-93 and subsection (b) of section 1-99, a majority vote of the members shall be required for action of the board. The chairperson or any three members may call a meeting.

Sec. 6. Subsections (i) to (k), inclusive, of section 1-80 of the 2012 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(i) No member or employee of the board or Office of State Ethics may (1) make a contribution, as defined in section 9-601a, to any [person] public official, state employee or candidate for public office subject to the provisions of this part; or (2) participate in the political campaign of any candidate for public office subject to the provisions of this part by (A) publicly endorsing or opposing a candidate on behalf of the political campaign of a candidate for public office; (B) organizing, selling tickets to, promoting or actively participating in a fund-raising activity of a candidate, political party or political committee; (C) directly or indirectly soliciting, receiving, collecting, handling, disbursing or accounting for contributions or other funds for the political campaign of any candidate for public office; (D) soliciting votes in support of or in opposition to a candidate on behalf of the political campaign of any candidate for public office; and (E) providing any other compensated or uncompensated services for the political campaign of any candidate for public office.

(j) Members of the board shall recuse themselves from participating in any proceeding or matter undertaken pursuant to this chapter that involves the person who appointed such member to the board.

(k) No former member of the board may represent any business or person, other than himself or herself, before the board for a period of one year following the end of such former member's service on the board. No business or person that appears before the board shall employ or otherwise engage the services of a former member of the board for a period of one year following the end of such former member's service on the board.

Sec. 7. Section 1-80 of the 2012 supplement to the general statutes is amended by adding subsection (n) as follows (Effective October 1, 2012):

(NEW) (n) Each person appointed to the board shall sign a certification indicating that such person is aware of the provisions contained in subsections (b) and (h) to (l), inclusive, of this section. Each such person shall file such certification with the Office of State Ethics prior to taking the oath of office as member of the board.

Sec. 8. Section 1-81 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) The board and general counsel and staff of the Office of State Ethics shall:

(1) Compile and maintain an index of all reports, advisory opinions, informal staff letters, memoranda issued in accordance with subsection (b) of section 1-82 and statements filed by and with the Office of State Ethics to facilitate public access to such reports and advisory opinions, informal staff letters, memoranda statements as provided by this part;

(2) Preserve advisory opinions and informal staff letters, permanently; preserve memoranda issued in accordance with subsection (b) of section 1-82 and statements and reports filed by and with the board for a period of five years from the date of receipt;

(3) Upon the concurring vote of a majority of the board present and voting, issue advisory opinions with regard to the requirements of this part or part IV of this chapter, upon the request of any person subject to the provisions of this part or part IV of this chapter, and publish such advisory opinions in the Connecticut Law Journal. Advisory opinions rendered by the board, until amended or revoked, shall be binding on the board and shall be deemed to be final decisions of the board for purposes of appeal to the superior court, in accordance with the provisions of section 4-175 or 4-183. Any advisory opinion concerning the person who requested the opinion and who acted in reliance thereon, in good faith, shall be binding upon the board, and it shall be an absolute defense in any criminal action brought under the provisions of this part or part IV of this chapter, that the accused acted in reliance upon such advisory opinion;

(4) Respond to inquiries and provide advice regarding the code of ethics either verbally or through informal letters;

(5) Provide yearly training to all state employees regarding the code of ethics;

(6) Make legislative recommendations to the General Assembly and report annually, [prior to April] not later than February fifteenth, to the Governor summarizing the activities of the [commission;] Office of State Ethics; and

(7) Meet not less than once per month with the office's executive director and ethics enforcement officer. [; and]

[(8)] (b) The [commission] Office of State Ethics may enter into such contractual agreements as may be necessary for the discharge of its duties, within the limits of its appropriated funds and in accordance with established procedures.

[(b)] (c) The Office of State Ethics shall employ an executive director, general counsel and ethics enforcement officer, each of whom shall be exempt from classified state service. The salary for the executive director, general counsel and the ethics enforcement officer shall be determined by the Commissioner of Administrative Services in accordance with accepted personnel practices. No one person may serve in more than one of the positions described in this subsection. The Office of State Ethics may employ necessary staff within available appropriations. Such necessary staff of the Office of State Ethics shall be in classified state service.

[(c)] (d) The executive director, described in subsection [(b)] (c) of this section, shall be appointed by the Citizen's Ethics Advisory Board for an open-ended term. Such appointment shall not be made until all the initial board members appointed to terms commencing on October 1, 2005, are appointed by their respective appointing authorities, pursuant to subsection (a) of section 1-80, as amended by this act. The board shall annually evaluate the performance of the executive director, in writing, and may remove the executive director, in accordance with the provisions of chapter 67.

[(d)] (e) The general counsel and ethics enforcement officer described in subsection [(b)] (c) of this section, and other staff of the Office of State Ethics shall be appointed by the executive director of the Office of State Ethics. The executive director shall annually evaluate the performance of the general counsel, ethics enforcement officer and such other staff, in writing, and may remove the general counsel or ethics enforcement officer, in accordance with the provisions of chapter 67, or such other staff, in accordance with any applicable collective bargaining agreement.

[(e)] (f) There shall be a legal division within the Office of State Ethics. The legal division shall provide the board with legal advice on matters before said board and shall represent the board in all matters in which the board is a party, without the assistance of the Attorney General unless the board requests such assistance. The legal division shall, under the direction of the general counsel, provide information and written and verbal opinions to persons subject to the code and to the general public. The general counsel, described in subsection [(b)] (c) of this section, shall supervise such division. The investigation or instigation of a complaint may not occur solely because of information received by the legal division.

[(f)] (g) There shall be an enforcement division within the Office of State Ethics. The enforcement division shall be responsible for investigating complaints brought to or by the board. The ethics enforcement officer, described in subsection [(b)] (c) of this section, shall supervise the enforcement division. The enforcement division shall employ such attorneys and investigators, as necessary, within available appropriations, and may refer matters to the office of the Chief State's Attorney, as appropriate.

[(g)] (h) The Citizen's Ethics Advisory Board shall adopt regulations in accordance with chapter 54 to carry out the purposes of this part. Such regulations shall not be deemed to govern the conduct of any judge trial referee in the performance of such judge trial referee's duties pursuant to this chapter.

[(h) In] (i) The general counsel shall, in consultation with the executive director of the Office of State Ethics, [the general counsel shall] oversee yearly training of all state personnel in the code of ethics, provide training on the code of ethics to other individuals or entities subject to the code and shall make recommendations as to public education regarding ethics.

Sec. 9. Subsection (e) of section 1-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(e) No person shall take or threaten to take official action against an individual for such individual's disclosure of information to the board or the general counsel, ethics enforcement officer or staff of the Office of State Ethics under the provisions of this part or section 1-101nn. After receipt of information from an individual under the provisions of this part or section 1-101nn, the Office of State Ethics shall not disclose the identity of such individual without such individual's consent unless the Office of State Ethics determines that such disclosure is unavoidable during the course of an investigation. No person shall be subject to civil liability for any good faith disclosure that such person makes to the [commission] Office of State Ethics.

Sec. 10. Subsection (a) of section 1-83 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) (1) All state-wide elected officers, members of the General Assembly, department heads and their deputies, members of the Gaming Policy Board, members or directors of each quasi-public agency, members of the Investment Advisory Council, state marshals and such members of the Executive Department and such employees of quasi-public agencies as the Governor shall require, shall file, under penalty of false statement, a statement of financial interests for the preceding calendar year with the Office of State Ethics on or before [the] May first next in any year in which they hold such [a] an office or position. If, in any year, May first falls on a weekend or legal holiday, such statement shall be filed not later than the next business day. Any such individual who leaves his or her office or position shall file a statement of financial interests covering that portion of the year during which such individual held his or her office or position. The Office of State Ethics shall notify such individuals of the requirements of this subsection not later than thirty days after their departure from such office or position. Such individuals shall file such statement [within] not later than sixty days after receipt of the notification.

(2) Each state agency, department, board and commission shall develop and implement, in cooperation with the Office of State Ethics, an ethics statement as it relates to the mission of the agency, department, board or commission. The executive head of each such agency, department, board or commission shall be directly responsible for the development and enforcement of such ethics statement and shall file a copy of such ethics statement with the Department of Administrative Services and the Office of State Ethics.

Sec. 11. Subsection (j) of section 1-84 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(j) No public official, state employee or candidate for public office, or a member of any such person's staff or immediate family shall knowingly accept any gift, as defined in [subsection (e) of] subdivision (5) of section 1-79, as amended by this act, from a person known to be a registrant or anyone known to be acting on behalf of a registrant.

Sec. 12. Subsection (m) of section 1-84 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(m) No public official or state employee shall knowingly accept, directly or indirectly, any gift, as defined in [subsection (e) of] subdivision (5) of section 1-79, as amended by this act, from any person the public official or state employee knows or has reason to know: (1) Is doing business with or seeking to do business with the department or agency in which the public official or state employee is employed; (2) is engaged in activities which are directly regulated by such department or agency; or (3) is prequalified under section 4a-100. No person shall knowingly give, directly or indirectly, any gift or gifts in violation of this provision. For the purposes of this subsection, the exclusion to the term "gift" in [subdivision (12) of subsection (e)] subparagraph (L) of subdivision (5) of section 1-79, as amended by this act, for a gift for the celebration of a major life event shall not apply. Any person prohibited from making a gift under this subsection shall report to the Office of State Ethics any solicitation of a gift from such person by a state employee or public official.

Sec. 13. Subsection (q) of section 1-84 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(q) No public official or state employee shall knowingly counsel, authorize or otherwise sanction action that violates any provision of this part.

Sec. 14. Subsection (d) of section 1-88 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(d) Any person who knowingly acts in such person's financial interest in violation of section 1-84, as amended by this act 1-85, 1-86, [or] 1-86d, 1-86e or 1-101nn or any person who knowingly receives a financial advantage resulting from a violation of any of said sections shall be liable for damages in the amount of such advantage. If the board determines that any person may be so liable, it shall immediately inform the Attorney General of that possibility.

Sec. 15. Section 1-91 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

When used in this part, unless the context otherwise requires:

[(a)] (1) "Administrative action" means any action or nonaction of any executive agency of the state with respect to the proposal, drafting, development, consideration, amendment, adoption or repeal of any rule, regulation or utility rate, and any action or nonaction of any executive agency or quasi-public agency, as defined in section 1-79, as amended by this act, regarding a contract, grant, award, purchasing agreement, loan, bond, certificate, license, permit or any other matter which is within the official jurisdiction or cognizance of such an agency.

[(b)] (2) "Candidate for public office" means any person who has filed a declaration of candidacy or a petition to appear on the ballot for election as a public official, or who has raised or expended money in furtherance of such candidacy, or who has been nominated for appointment to serve as a public official; but [shall] does not include a candidate for the office of senator or representative in Congress.

[(c)] (3) "Board" means the Citizen's Ethics Advisory Board established under section 1-80, as amended by this act.

[(d)] (4) "Compensation" means any value received or to be received by a person acting as a lobbyist, whether in the form of a fee, salary or forbearance.

[(e)] (5) "Executive agency" means a commission, board, agency, or other body or official in the executive branch of the state government and any independent body of the state government that is not a part of the legislative or judicial branch.

[(f)] (6) "Expenditure" means any advance, conveyance, deposit, distribution, transfer of funds, loan, payment, unless expressly excluded; any payments for telephone, mailing, postage, printing and other clerical or office services and materials; any paid communications, costing fifty dollars or more in any calendar year, disseminated by means of any printing, broadcasting or other medium, provided such communications refer to pending administrative or legislative action; any contract, agreement, promise or other obligation; any solicitation or solicitations, costing fifty dollars or more in the aggregate for any calendar year, of other persons to communicate with a public official or state employee for the purpose of influencing any legislative or administrative act and any pledge, subscription of money or anything of value. "Expenditure" [shall] does not include the payment of a registrant's fee pursuant to section 1-95, as amended by this act, any expenditure made by any club, committee, partnership, organization, business, union, association or corporation for the purpose of publishing a newsletter or other release to its members, shareholders or employees, or contributions, membership dues or other fees paid to associations, nonstock corporations or tax-exempt organizations under Section 501(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended.

[(g)] (7) "Gift" means anything of value, which is directly and personally received, unless consideration of equal or greater value is given in return. "Gift" [shall] does not include:

[(1)] (A) A political contribution otherwise reported as required by law or a donation or payment described in subdivision (9) or (10) of subsection (b) of section 9-601a;

[(2)] (B) Services provided by persons volunteering their time, if provided to aid or promote the success or defeat of any political party, any candidate or candidates for public office or the position of convention delegate or town committee member or any referendum question;

[(3)] (C) A commercially reasonable loan made on terms not more favorable than loans made in the ordinary course of business;

[(4)] (D) A gift received from [(A)] (i) the individual's spouse, fiance or fiancée, [(B)] (ii) the parent, brother or sister of such spouse or such individual, or [(C)] (iii) the child of such individual or the spouse of such child;

[(5)] (E) Goods or services [(A) which] (i) that are provided to a state agency or quasi-public agency [(i)] (I) for use on state or quasi-public agency property, or [(ii)] (II) that support an event or the participation by a public official or state employee at an event, and [(B) which] (ii) that facilitate state or quasi-public agency action or functions. As used in this [subdivision] subparagraph, "state property" means [(i)] property owned by the state or a quasi-public agency, or [(ii)] property leased to a state or quasi-public agency;

[(6)] (F) A certificate, plaque or other ceremonial award costing less than one hundred dollars;

[(7)] (G) A rebate, discount or promotional item available to the general public;

[(8)] (H) Printed or recorded informational material germane to state action or functions;

[(9)] (I) Food or beverage or both, costing less than fifty dollars in the aggregate per recipient in a calendar year, and consumed on an occasion or occasions at which the person paying, directly or indirectly, for the food or beverage, or his representative, is in attendance;

[(10)] (J) Food or beverage or both, costing less than fifty dollars per person and consumed at a publicly noticed legislative reception to which all members of the General Assembly are invited and which is hosted not more than once in any calendar year by a lobbyist or business organization. For the purposes of such limit, [(A)] (i) a reception hosted by a lobbyist who is an individual shall be deemed to have also been hosted by the business organization which he owns or is employed by, and [(B)] (ii) a reception hosted by a business organization shall be deemed to have also been hosted by all owners and employees of the business organization who are lobbyists. In making the calculation for the purposes of such fifty-dollar limit, the donor shall divide the amount spent on food and beverage by the number of persons whom the donor reasonably expects to attend the reception;

[(11)] (K) Food or beverage or both, costing less than fifty dollars per person and consumed at a publicly noticed reception to which all members of the General Assembly from a region of the state are invited and which is hosted not more than once in any calendar year by a lobbyist or business organization. For the purposes of such limit, [(A)] (i) a reception hosted by a lobbyist who is an individual shall be deemed to have also been hosted by the business organization which he owns or is employed by, and [(B)] (ii) a reception hosted by a business organization shall be deemed to have also been hosted by all owners and employees of the business organization who are lobbyists. In making the calculation for the purposes of such fifty-dollar limit, the donor shall divide the amount spent on food and beverage by the number of persons whom the donor reasonably expects to attend the reception. As used in this [subdivision] subparagraph, "region of the state" means the established geographic service area of the organization hosting the reception;

[(12)] (L) A gift, including, but not limited to, food or beverage or both, provided by an individual for the celebration of a major life event, provided any such gift provided by an individual who is not a member of the family of the recipient [shall] does not exceed one thousand dollars in value;

[(13)] (M) Gifts costing less than one hundred dollars in the aggregate or food or beverage provided at a hospitality suite at a meeting or conference of an interstate legislative association, by a person who is not a registrant or is not doing business with the state of Connecticut;

[(14)] (N) Admission to a charitable or civic event, including food and beverage provided at such event, but excluding lodging or travel expenses, at which a public official or state employee participates in his or her official capacity, provided such admission is provided by the primary sponsoring entity;

[(15)] (O) Anything of value provided by an employer of [(A)] (i) a public official, [(B)] (ii) a state employee, or [(C)] (iii) a spouse of a public official or state employee, to such official, employee or spouse, provided such benefits are customarily and ordinarily provided to others in similar circumstances;

[(16)] (P) Anything having a value of not more than ten dollars, provided the aggregate value of all things provided by a donor to a recipient under this subdivision in any calendar year [shall] does not exceed fifty dollars; or

[(17)] (Q) Training that is provided by a vendor for a product purchased by a state or quasi-public agency which is offered to all customers of such vendor.

[(h)] (8) "Immediate family" means any spouse, dependent children or dependent relatives who reside in the individual's household.

[(i)] (9) "Individual" means a natural person.

[(j)] (10) "Legislative action" means introduction, sponsorship, consideration, debate, amendment, passage, defeat, approval, veto, overriding of a veto or any other official action or nonaction with regard to any bill, resolution, amendment, nomination, appointment, report, or any other matter pending or proposed in a committee or in either house of the legislature, or any matter which is within the official jurisdiction or cognizance of the legislature.

[(k)] (11) "Lobbying" means communicating directly or soliciting others to communicate with any official or his staff in the legislative or executive branch of government or in a quasi-public agency, for the purpose of influencing any legislative or administrative action except that the term "lobbying" does not include [(1)] (A) communications by or on behalf of a party to, or an intervenor in, a contested case, as described in regulations adopted by the [commission] Office of State Ethics in accordance with the provisions of chapter 54, before an executive agency or a quasi-public agency, as defined in section 1-79, as amended by this act, [(2)] (B) communications by a representative of a vendor or by an employee of the registered client lobbyist which representative or employee acts as a salesperson and does not otherwise engage in lobbying regarding any administrative action, [(3)] (C) communications by an attorney made while engaging in the practice of law and regarding any matter other than legislative action as defined in [subsection (j)] subdivision (10) of this section or the proposal, drafting, development, consideration, amendment, adoption or repeal of any rule or regulation, or [(4)] (D) other communications exempted by regulations adopted by the [commission] Office of State Ethics in accordance with the provisions of chapter 54.

[(l)] (12) "Lobbyist" means a person who in lobbying and in furtherance of lobbying makes or agrees to make expenditures, or receives or agrees to receive compensation, reimbursement, or both, and such compensation, reimbursement or expenditures are [two] three thousand dollars or more in any calendar year or the combined amount thereof is [two] three thousand dollars or more in any such calendar year. [Lobbyist shall] "Lobbyist" does not include:

[(1)] (A) A public official, employee of a branch of state government or a subdivision thereof, or elected or appointed official of a municipality or his or her designee other than an independent contractor, who is acting within the scope of his or her authority or employment;

[(2)] (B) A publisher, owner or an employee of the press, radio or television while disseminating news or editorial comment to the general public in the ordinary course of business;

[(3)] (C) An individual representing himself or herself or another person before the legislature or a state agency other than for the purpose of influencing legislative or administrative action;

[(4)] (D) Any individual or employee who receives no compensation or reimbursement specifically for lobbying and who limits his or her activities solely to formal appearances to give testimony before public sessions of committees of the General Assembly or public hearings of state agencies and who, if he or she testifies, registers his or her appearance in the records of such committees or agencies;

[(5)] (E) A member of an advisory board acting within the scope of his or her appointment;

[(6)] (F) A senator or representative in Congress acting within the scope of his or her office;

[(7)] (G) Any person who receives no compensation or reimbursement specifically for lobbying and who spends no more than five hours in furtherance of lobbying unless such person [(A)] (i) exclusive of salary, receives compensation or makes expenditures, or both, of [two] three thousand dollars or more in any calendar year for lobbying or the combined amount thereof is [two] three thousand dollars or more in any such calendar year, or [(B)] (ii) expends fifty dollars or more for the benefit of a public official in the legislative or executive branch, a member of his or her staff or immediate family;

[(8)] (H) A communicator lobbyist who receives or agrees to receive compensation, reimbursement, or both, the aggregate amount of which is less than [two] three thousand dollars from each client in any calendar year.

[(m)] (13) "Member of an advisory board" means any person appointed by a public official as an advisor or consultant or member of a committee, commission or council established to advise, recommend or consult with a public official or branch of government or committee thereof and who receives no public funds other than per diem payments or reimbursement for his or her actual and necessary expenses incurred in the performance of his or her official duties and who has no authority to expend any public funds or to exercise the power of the state.

[(n)] (14) "Person" means an individual, a business, corporation, limited liability company, union, association, firm, partnership, committee, club or other organization or group of persons.

[(o)] (15) "Political contribution" has the same meaning as in section 9-601a except that for purposes of this part, the provisions of subsection (b) of [that] said section shall not apply.

[(p)] (16) "Public official" means any state-wide elected state officer, any member or member-elect of the General Assembly, any person appointed to any office of the legislative, judicial or executive branch of state government by the Governor, with or without the advice and consent of the General Assembly, the spouse of the Governor and any person appointed or elected by the General Assembly or any member of either house thereof; but [shall] does not include a member of an advisory board or a senator or representative in Congress.

[(q)] (17) "Registrant" means a person who is required to register pursuant to section 1-94, as amended by this act.

[(r)] (18) "Reimbursement" means any money or thing of value received or to be received in the form of payment for expenses as a lobbyist, not including compensation.

[(s)] (19) "State employee" means any employee in the executive, judicial or legislative branch of state government, whether in the classified or unclassified service and whether full or part-time.

[(t)] (20) "Business organization" means a sole proprietorship, corporation, limited liability company, association, firm or partnership, other than a client lobbyist, [which] that is owned by, or employs one or more individual lobbyists.

[(u)] (21) "Client lobbyist" means a lobbyist on behalf of whom lobbying takes place and who makes expenditures for lobbying and in furtherance of lobbying.

[(v)] (22) "Communicator lobbyist" means a lobbyist who communicates directly or solicits others to communicate with an official or [his] the official's staff in the legislative or executive branch of government or in a quasi-public agency for the purpose of influencing legislative or administrative action.

[(w)] (23) "State agency" means any office, department, board, council, commission, institution, constituent unit of the state system of higher education, vocational-technical school or other agency in the executive, legislative or judicial branch of state government.

[(x)] (24) "Quasi-public agency" means quasi-public agency, as defined in section 1-79, as amended by this act.

Sec. 16. Subsection (a) of section 1-92 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) The Citizen's Ethics Advisory Board shall adopt regulations, in accordance with chapter 54, to carry out the purposes of this part. Such regulations shall not be deemed to govern the conduct of any judge trial referee in the performance of such judge trial referee's duties pursuant to this chapter. Not later than January 1, 1992, the board shall adopt regulations which further clarify the meaning of the terms "directly and personally received" and "major life event", as used in [subsection (e)] subdivision (5) of section 1-79, as amended by this act, and [subsection (g)] subdivision (7) of section 1-91, as amended by this act.

Sec. 17. Subsection (e) of section 1-92 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(e) Upon the concurring vote of a majority of its members present and voting, the board shall issue advisory opinions with regard to the requirements of this part or part III of this chapter, upon the request of any person, subject to the provisions of this part or part III of this chapter, and publish such advisory opinions in the Connecticut Law Journal. Advisory opinions rendered by the board, until amended or revoked, shall be binding on the board and shall be deemed to be final decisions of the board for purposes of appeal to the superior court, in accordance with the provisions of section 4-175 or 4-183. Any advisory opinion concerning any person subject to the provisions of this part or part III of this chapter who requested the opinion and who acted in reliance thereon, in good faith, shall be binding upon the board, and it shall be an absolute defense in any criminal action brought under the provisions of this part that the accused acted in reliance upon such advisory opinion.

Sec. 18. Section 1-94 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) A lobbyist shall register with the Office of State Ethics pursuant to this part if it or he:

(1) Receives or agrees to receive compensation or reimbursement for actual expenses, or both, in a combined amount of [two] three thousand dollars or more in a calendar year for lobbying, whether that receipt of compensation or reimbursement or agreement to receive such compensation or reimbursement is solely for lobbying or the lobbying is [incidental to that] within the scope of such person's [regular] employment; or

(2) Makes or incurs an obligation to make expenditures of [two] three thousand dollars or more in a calendar year for lobbying.

(b) Any person who lobbies within the scope of such person's employment shall maintain a record of his or her time and expenditures in furtherance of lobbying for the purpose of reporting and potential registration with the Office of State Ethics.

(c) The Office of State Ethics may adopt regulations, in accordance with the provisions of chapter 54, to establish guidelines for the determination of when lobbying is within the scope of a person's employment, as described in this section and section 1-96, as amended by this act. Such regulations shall, at a minimum, address the distinction between a person who is specifically directed by such person's employer to lobby and a person who is not specifically directed by such person's employer to lobby.

Sec. 19. Subsection (a) of section 1-95 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) Each registrant shall file every two years with the Office of State Ethics on a registration form signed under penalty of false statement on or before January fifteenth of odd-numbered years or prior to the commencement of lobbying, whichever is later. If the registrant is not an individual, an authorized officer or agent of the registrant shall sign the form. Such registration shall be on a form prescribed by the board and shall include:

(1) If the registrant is an individual, the registrant's name, permanent address and temporary address while lobbying and the name, address and nature of business of any person who compensates or reimburses, or agrees to compensate or reimburse the registrant and the terms of the compensation, reimbursement or agreement, but shall not include the compensation paid to an employee for his involvement in activities other than lobbying;

(2) If the registrant is a corporation, the name, address, place of incorporation and the principal place of business of the corporation;

(3) If the registrant is an association, group of persons or an organization, the name and address of the principal officers and directors of such association, group of persons or organization. If the registrant is formed primarily for the purpose of lobbying, it shall disclose the name and address of any person contributing [two] three thousand dollars or more to the registrant's lobbying activities in any calendar year;

(4) If the registrant is not an individual, the name and address of each individual who will lobby on the registrant's behalf; and

(5) The identification, with reasonable particularity, of areas of legislative or administrative action on which the registrant expects to lobby, including the names of executive agencies and quasi-public agencies and, where applicable, solicitations for state contracts and procurements.

Sec. 20. Subsection (e) of section 1-96 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(e) Each client lobbyist registrant financial report shall be on a form prescribed by the board and shall state expenditures made and the fundamental terms of contracts, agreements or promises to pay compensation or reimbursement or to make expenditures in furtherance of lobbying. Any such fundamental terms shall be reported once in the monthly, quarterly or post-termination report next following the entering into of such contract. Such financial report shall include an itemized statement of each expenditure of ten dollars or more per person for each occasion made by the reporting registrant or a group of registrants which includes the reporting registrant for the benefit of a public official in the legislative or executive branch, a member of his staff or immediate family, itemized by date, beneficiary, amount and circumstances of the transaction. The requirement of an itemized statement shall not apply to an expenditure made by a reporting registrant or a group of registrants which includes the reporting registrant for (1) the benefit of the members of the General Assembly at an event that is a reception to which all such members are invited or all members of a region of the state, as such term is used in [subdivision (11) of subsection (g)] subparagraph (K) of subdivision (7) of section 1-91, as amended by this act, are invited, unless the expenditure is thirty dollars or more per person, or (2) benefits personally and directly received by a public official or state employee at a charitable or civic event at which the public official or state employee participates in his official capacity, unless the expenditure is thirty dollars or more per person, per event. If the compensation is required to be reported for an individual whose lobbying is [incidental to his regular] within the scope of such person's employment, it shall be sufficient to report a prorated amount based on the value of the time devoted to lobbying. On the first financial report following registration each client lobbyist registrant shall include any expenditures incident to lobbying activities [which] that were received or expended prior to registration and not previously reported to the Office of State Ethics.

Sec. 21. Subsection (a) of section 1-97 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) No registrant or anyone acting on behalf of a registrant shall knowingly give a gift, as defined in [subsection (g)] subdivision (7) of section 1-91, as amended by this act, to any state employee, public official, candidate for public office or a member of any such person's staff or immediate family. Nothing in this section shall be construed to permit any activity prohibited under section 53a-147 or 53a-148.

Sec. 22. Subsection (a) of section 1-100b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Office of State Ethics, upon a finding that a communicator lobbyist has violated the provisions of subsection [(i)] (h) of section 9-610, may suspend [said] such lobbyist's registration for a period of not more than the remainder of the term of such registration and may prohibit [said] such lobbyist from engaging in the profession of lobbyist for a period of not more than three years.

Sec. 23. Subsection (c) of section 1-100b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) The Office of State Ethics shall make any finding under subsection (a) or (b) of this section in accordance with the same procedure set forth in section 1-93 for a finding by the [commission] board of a violation of part II of chapter 10.

Sec. 24. Section 2-16a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

No state representative or state senator who is elected at the 1994 state election or any election thereafter shall engage in the profession of lobbyist, as that term is defined in [subsection (l)] subdivision (12) of section 1-91, as amended by this act, until one year after the expiration of the term for which such state representative or state senator was elected.

Sec. 25. Subsection (b) of section 3-13l of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(b) For purposes of this section:

(1) "Finder's fee" means compensation in the form of cash, cash equivalents or other things of value paid to or received by a third party in connection with an investment transaction to which the state, any political subdivision of the state or any quasi-public agency, as defined in section 1-120, is a party for any services, and includes, but is not limited to, any fee paid for lobbying, as defined in [subsection (k)] subdivision (11) of section 1-91, as amended by this act, and as defined by the Citizen's Ethics Advisory Board, in consultation with the Treasurer, in the regulations adopted under subparagraph (C)(ii) of subdivision (3) of this subsection or as prescribed by the Treasurer until such regulations are adopted.

(2) "Finder's fee" does not mean (A)(i) compensation earned for the rendering of investment services, as defined in subsection (f) of section 9-612, or for acting as a licensed real estate broker or real estate sales person under the provisions of section 20-312, or under a comparable statute of the jurisdiction in which the subject property is located, or (ii) marketing fees or due diligence fees earned by the payee in connection with the offer, sale or purchase of any security or investment interest, in accordance with criteria prescribed under subparagraph (C)(ii) of subdivision (3) of this subsection, (B) compensation paid to (i) persons who are investment professionals engaged in the ongoing business of representing investment services providers, or (ii) third parties for services connected to the issuance of debt by the state, any political subdivision of the state or any quasi-public agency, as defined in section 1-120, and (C) any compensation which is so defined by the regulations adopted under subparagraph (C)(ii) of subdivision (3) of this subsection, or any compensation which meets criteria prescribed by the Treasurer until such regulations are adopted. As used in this section, "offer" and "sale" have the meaning provided in section 36b-3.

(3) "Investment professional" means an individual or firm whose primary business is bringing together institutional funds and investment opportunities and who (A) is a broker-dealer or investment adviser agent licensed or registered (i) under the Connecticut Uniform Securities Act; (ii) in the case of an investment adviser agent, with the Securities and Exchange Commission, in accordance with the Investment Advisors' Act of 1940; or (iii) in the case of a broker-dealer, with the National Association of Securities Dealers in accordance with the Securities Exchange Act of 1934, or (B) is licensed under section 20-312, or under a comparable statute of the jurisdiction in which the subject property is located, or (C) (i) furnishes an investment manager with marketing services including, but not limited to, developing an overall marketing strategy focusing on more than one institutional fund, designing or publishing marketing brochures or other presentation material such as logos and brands for investment products, responding to requests for proposals, completing due diligence questionnaires, identifying a range of potential investors, or such other services as may be identified in regulations adopted under clause (ii) of this subparagraph; and (ii) meets criteria prescribed (I) by the Treasurer until regulations are adopted under this subparagraph, or (II) by the Citizen's Ethics Advisory Board, in consultation with the Treasurer, in regulations adopted in accordance with the provisions of chapter 54. Prior to adopting such regulations, the Citizen's Ethics Advisory Board shall transmit the proposed regulations to the Treasurer not later than one hundred twenty days before any period for public comment on such regulations commences and shall consider any comments or recommendations the Treasurer may have regarding such regulations. In developing such regulations, the Citizen's Ethics Advisory Board shall ensure that the state will not be competitively disadvantaged by such regulations relative to any legitimate financial market.

Sec. 26. Section 4-250 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

As used in sections 4-250 to 4-252:

(1) "Gift" has the same meaning as provided in section 1-79, as amended by this act, except that the exclusion in [subdivision (12) of subsection (e)] subparagraph (L) of subdivision (5) of [said] section 1-79, as amended by this act, for a gift for the celebration of a major life event shall not apply;

(2) "Quasi-public agency", "public official" and "state employee" have the same meanings as provided in section 1-79, as amended by this act;

(3) "State agency" means any office, department, board, council, commission, institution or other agency in the executive, legislative or judicial branch of state government;

(4) "Large state contract" means an agreement or a combination or series of agreements between a state agency or a quasi-public agency and a person, firm or corporation, having a total value of more than five hundred thousand dollars in a calendar or fiscal year, for (A) a project for the construction, alteration or repair of any public building or public work, (B) services, including, but not limited to, consulting and professional services, (C) the procurement of supplies, materials or equipment, (D) a lease, or (E) a licensing arrangement. The term "large state contract" [shall] does not include a contract between a state agency or a quasi-public agency and a political subdivision of the state;

(5) "Principals and key personnel" means officers, directors, shareholders, members, partners and managerial employees; and

(6) "Participated substantially" means participation that is direct, extensive and substantive, and not peripheral, clerical or ministerial.

Sec. 27. Subsection (b) of section 4e-34 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(b) Causes for such disqualification shall include the following:

(1) Conviction of, or entry of a plea of guilty or nolo contendere or admission to, the commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;

(2) Conviction of, or entry of a plea of guilty or nolo contendere or admission to, the violation of any state or federal law for embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which affects responsibility as a state contractor;

(3) Conviction of, or entry of a plea of guilty or nolo contendere or admission to, a violation of any state or federal antitrust, collusion or conspiracy law arising out of the submission of bids or proposals on a public or private contract or subcontract;

(4) Accumulation of two or more suspensions pursuant to section 4e-35 within a twenty-four-month period;

(5) A wilful, negligent or reckless failure to perform in accordance with the terms of one or more contracts or subcontracts, agreements or transactions with state contracting agencies;

(6) A history of failure to perform or of unsatisfactory performance on one or more public contracts, agreements or transactions with state contracting agencies;

(7) A wilful violation of a statutory or regulatory provision or requirement applicable to a contract, agreement or transaction with state contracting agencies;

(8) A wilful or egregious violation of the ethical standards set forth in sections 1-84, as amended by this act, [and] 1-86e and 1-101nn, as determined by the Citizen's Ethics Advisory Board; or

(9) Any other cause or conduct the board determines to be so serious and compelling as to affect responsibility as a state contractor, including, but not limited to:

(A) Disqualification by another state for cause;

(B) The fraudulent or criminal conduct of any officer, director, shareholder, partner, employee or other individual associated with a contractor, bidder or proposer of such contractor, bidder or proposer, provided such conduct occurred in connection with the individual's performance of duties for or on behalf of such contractor, bidder or proposer and such contractor, bidder or proposer knew or had reason to know of such conduct;

(C) The existence of an informal or formal business relationship with a contractor who has been disqualified from bidding or proposing on state contracts of any state contracting agency.

Sec. 28. Section 12-557d of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) There shall be a Gaming Policy Board within the Department of Consumer Protection. Said board shall consist of five members appointed by the Governor with the advice and consent of both houses of the General Assembly. Not more than three members of said board in office at any one time shall be members of the same political party. Members shall serve for a term of four years and the procedure prescribed by section 4-7 shall apply to such appointments, except that the Governor shall submit such nominations on or before May first, and both houses shall confirm or reject the nominations before adjournment sine die. Members shall receive fifty dollars per day for each day they are engaged in the business of the board and shall be reimbursed for necessary expenses incurred in the performance of their duties. The commissioner shall serve on the board ex officio without voting rights.

(b) To insure the highest standard of legalized gambling regulation, at least four of the board members shall have training or experience in at least one of the following fields: Corporate finance, economics, law, accounting, law enforcement, computer science or the pari-mutuel industry. At least two of these fields shall be represented on the board at any one time.

(c) No board member shall accept any form of employment by a business organization regulated under this chapter for a period of two years following the termination of his service as a board member. The provisions of sections 1-82, as amended by this act, 1-82a and 1-88, as amended by this act, shall apply to any alleged violation of this subsection.

(d) No board member shall engage in any oral ex parte communications with any representative, agent, officer or employee of any business organization regulated under this chapter concerning any matter pending or impending before the board.

(e) The members of the board shall not participate actively in political management and campaigns. Such activity includes holding office in a political party, political organization or political club, campaigning for a candidate in a partisan election by making speeches, writing on behalf of a candidate, soliciting votes in support of or in opposition to a candidate and making contributions of time and money to political parties.

(f) The Department of Consumer Protection shall provide staff support for the board.

Sec. 29. Subsection (d) of section 16-2 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(d) The directors of the authority shall serve full time and shall [make full public disclosure of their assets, liabilities and income at the time of their appointment, and thereafter each member of the authority shall make such disclosure on or before July thirtieth of each year of such member's term, and shall file such disclosure with the office of the Secretary of the State] file a statement of financial interests with the Office of State Ethics in accordance with section 1-83, as amended by this act. Each director shall receive annually a salary equal to that established for management pay plan salary group seventy-five by the Commissioner of Administrative Services, except that the chairperson shall receive annually a salary equal to that established for management pay plan salary group seventy-seven.

Sec. 30. Subsection (a) of section 52-259a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any member of the Division of Criminal Justice or the Division of Public Defender Services, any employee of the Judicial Department, acting in the performance of such employee's duties, the Attorney General, an assistant attorney general, the Consumer Counsel, any attorney employed by the Office of Consumer Counsel within the Department of Energy and Environmental Protection, the Department of Revenue Services, the Commission on Human Rights and Opportunities, the Freedom of Information Commission, the Board of Labor Relations, the Office of Protection and Advocacy for Persons with Disabilities, the Office of the Victim Advocate or the Department of Social Services, the Office of State Ethics, or any attorney appointed by the court to assist any of them or to act for any of them in a special case or cases, while acting in such attorney's official capacity or in the capacity for which such attorney was appointed, shall not be required to pay the fees specified in sections 52-258, 52-259, and 52-259c, subsection (a) of section 52-356a, subsection (a) of section 52-361a, section 52-367a, subsection (b) of section 52-367b and subsection (n) of section 46b-231.

Sec. 31. Subsection (d) of section 15-120bb of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(d) The board of directors of the authority shall appoint an executive director who shall not be a member of the board and who shall serve at the pleasure of the board and receive such compensation as shall be fixed by the board. The executive director shall be the chief administrative officer of the authority and shall direct and supervise administrative affairs and technical activities in accordance with the directives of the board. The executive director shall approve all accounts for salaries, allowable expenses of the authority or of any employee or consultant thereof, and expenses incidental to the operation of the authority. The executive director shall perform such other duties as may be directed by the board in carrying out the purposes of [subsection (l)] subdivision (12) of section 1-79, as amended by this act, sections 1-120, 1-124 and 1-125, subsection (f) of section 4b-3, sections 13b-4 and 13b-42, subsection (a) of section 13b-44 and sections 15-101aa and 15-120aa to 15-120oo, inclusive. The executive director shall be exempt from the classified service. The executive director shall attend all meetings of the board, keep a record of the proceedings of the authority and shall maintain and be custodian of all books, documents and papers filed with the authority and of the minute book or journal of the authority and of its official seal. The executive director may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.

Sec. 32. Subsection (f) of section 15-120ll of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(f) The Comptroller may establish such funds and accounts for the authority as may be requested by the authority or as may be necessary or appropriate to effect the terms of any memorandum of understanding or as may be convenient to effect the purposes of [subsection (l)] subdivision (12) of section 1-79, as amended by this act, sections 1-120, 1-124 and 1-125, subsection (f) of section 4b-3, sections 13b-4 and 13b-42, subsection (a) of section 13b-44 and sections 15-101aa and 15-120aa to 15-120oo, inclusive, including, without limitation, a fund to support the general aviation airports and a fund for the authority's general operations. All revenue from the licensing of state airports and use of services of the authority shall be paid into the fund established for the authority's general operations, to be used by the authority according to the authority's budget for its authorized purposes.

Sec. 33. Section 1-96d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

Each registrant or business organization that hosts a legislative reception to which all members are invited, or all members of a region in the state, as such term is used in [subdivision (11) of subsection (g)] subparagraph (K) of subdivision (7) of section 1-91, as amended by this act, are invited, shall include in its invitation or any published notice of such reception whether the registrant or business organization reasonably expects such expenditures to be reportable pursuant to subsection (e) of section 1-96.

This act shall take effect as follows and shall amend the following sections:
Section 1	July 1, 2012	1-79
Sec. 2	July 1, 2012	1-84c
Sec. 3	from passage	1-80(a)
Sec. 4	October 1, 2012	1-80(b)
Sec. 5	October 1, 2012	1-80(d)
Sec. 6	October 1, 2012	1-80(i) to (k)
Sec. 7	October 1, 2012	1-80
Sec. 8	October 1, 2012	1-81
Sec. 9	from passage	1-82(e)
Sec. 10	from passage	1-83(a)
Sec. 11	July 1, 2012	1-84(j)
Sec. 12	July 1, 2012	1-84(m)
Sec. 13	October 1, 2012	1-84(q)
Sec. 14	October 1, 2012	1-88(d)
Sec. 15	October 1, 2012	1-91
Sec. 16	July 1, 2012	1-92(a)
Sec. 17	October 1, 2012	1-92(e)
Sec. 18	October 1, 2012	1-94
Sec. 19	October 1, 2012	1-95(a)
Sec. 20	October 1, 2012	1-96(e)
Sec. 21	October 1, 2012	1-97(a)
Sec. 22	from passage	1-100b(a)
Sec. 23	from passage	1-100b(c)
Sec. 24	October 1, 2012	2-16a
Sec. 25	October 1, 2012	3-13l(b)
Sec. 26	July 1, 2012	4-250
Sec. 27	October 1, 2012	4e-34(b)
Sec. 28	October 1, 2012	12-557d
Sec. 29	October 1, 2012	16-2(d)
Sec. 30	from passage	52-259a(a)
Sec. 31	July 1, 2012	15-120bb(d)
Sec. 32	July 1, 2012	15-120ll(f)
Sec. 33	October 1, 2012	1-96d

Statement of Legislative Commissioners:

Section 33 was added for statutory consistency.

GAE

Joint Favorable Subst.