CT
Connecticut House Bill HB07248

Connecticut 2017 Regular Session

Connecticut House Bill HB07248 Compare Versions

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1-House Bill No. 7248
1+General Assembly Raised Bill No. 7248
2+January Session, 2017 LCO No. 4944
3+ *_____HB07248JUD___042617____*
4+Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
5+Introduced by:
6+(GAE)
27
3-Public Act No. 17-235
8+General Assembly
49
5-AN ACT CONCERNING APPOINTMENTS TO THE CITIZEN'S ETHICS ADVISORY BOARD AND THE BOARD'S AUTHORITY IN ETHICS ENFORCEMENT PROCEEDINGS.
10+Raised Bill No. 7248
11+
12+January Session, 2017
13+
14+LCO No. 4944
15+
16+*_____HB07248JUD___042617____*
17+
18+Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
19+
20+Introduced by:
21+
22+(GAE)
23+
24+AN ACT CONCERNING RECOVERY OF ATTORNEY FEES AND CONTRACTING WITH QUASI-PUBLIC AGENCIES UNDER THE STATE CODE OF ETHICS.
625
726 Be it enacted by the Senate and House of Representatives in General Assembly convened:
827
9-Section 1. Subsection (a) of section 1-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
28+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 Subsection (c) of section 1-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
1029
11-(a) There shall be established 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 first appointed for a term commencing 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 for a term commencing 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 or five-year term as a member of the board, provided, members may not continue in office after their term has expired and members first appointed may not be reappointed. ] Members shall be appointed to serve a four-year term commencing on October first of the year in which the prior four-year term expires. Any member may be reappointed. 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. ]
30+(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.
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13-Sec. 2. Subsection (c) of section 1-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
32+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):
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15-(c) Any vacancy on the board shall be filled by the appointing authority having the power to make the original appointment [. An individual selected by the appointing authority to fill a vacancy shall be eligible for appointment to one full four-year term thereafter. Any vacancy occurring on the board shall be filled] within thirty days.
34+(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.
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17-Sec. 3. Subsection (e) of section 1-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
36+(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.
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19-(e) Any matter before the board, except hearings held pursuant to the provisions of subsection (b) of section 1-82, as amended by this act, or subsection (b) of section 1-93, may be assigned by the board to two of its members to conduct an investigation or hearing, as the case may be, to ascertain the facts and report thereon to the board with a recommendation for action. Any hearing held pursuant to this subsection shall be held in accordance with the provisions of chapter 54.
38+Sec. 3. Section 1-86e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
2039
21-Sec. 4. Subsection (i) of section 1-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
40+(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:
2241
23-(i) No member or employee of the board or Office of State Ethics may make a contribution, as defined in section 9-601a, to any [person subject to the provisions of this part] state employee, public official, candidate for state-wide office or candidate for the office of representative or senator in the General Assembly.
42+(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;
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25-Sec. 5. Subsections (l) and (m) of section 1-80 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
44+(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
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27-(l) No member of the board may hold any other position in state employment for a period of one year following the end of such member's service on the board, including, but not limited to, service as a member on a state board or commission, service as a judge of the Superior Court or service as a state agency commissioner. The provisions of this subsection shall not be construed to prohibit any former board member from holding a volunteer or unpaid position in state service within one year of the end of his or her service on the board.
46+(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.
2847
29-(m) Upon request of any aggrieved party, the board [shall] may delay the effect of any decision rendered by the board for a period not to exceed [more than] seven days following the rendering of such decision.
48+(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.
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31-Sec. 6. Subsection (b) of section 1-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
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33-(b) If a judge trial referee determines that probable cause exists for the violation of a provision of this part or section 1-101nn, the board shall initiate hearings to determine whether there has been a violation of this part or section 1-101nn. Any such hearing shall be initiated by the board not later than thirty days after the finding of probable cause by a judge trial referee and shall be concluded not later than ninety days after its initiation, except that such thirty or ninety-day limitation period shall not apply if the judge trial referee determines that good cause exists for extending such limitation period. A judge trial referee, who has not taken part in the probable cause determination on the matter shall be assigned by the Chief Court Administrator and shall be compensated in accordance with section 52-434 out of funds available to the Office of State Ethics. [and] Such judge trial referee shall preside over such hearing and rule on all issues concerning the application of the rules of evidence, which shall be the same as in judicial proceedings. The judge trial referee shall have no vote in any decision of the board. All hearings of the board held pursuant to this subsection shall be open. At such hearing the board shall have the same powers as the Office of State Ethics under subsection (a) of this section and the respondent shall have the right to be represented by legal counsel, [the right] to compel attendance of witnesses and the production of books, documents, records and papers and to examine and cross-examine witnesses. Not later than ten days prior to the commencement of any hearing conducted pursuant to this subsection, the Office of State Ethics shall provide the respondent with a list of its intended witnesses. The judge trial referee shall, while engaged in the discharge of the duties as provided in this subsection, have the same authority as is provided in section 51-35 over witnesses who refuse to obey a subpoena or to testify with respect to any matter upon which such witness may be lawfully interrogated, and may commit any such witness for contempt for a period no longer than thirty days. The Office of State Ethics shall make a record of all proceedings pursuant to this subsection. During the course of any such hearing, no ex-parte communication shall occur between the board, or any of its members, and: (1) The judge trial referee, or (2) any staff member of the Enforcement Division of the Office of State Ethics, concerning the complaint or the respondent. The board shall find no person in violation of any provision of this part or section 1-101nn except upon the concurring vote of [six] two-thirds of its members present and voting. No member of the board shall vote on the question of whether a violation of any provision of this part has occurred unless such member was physically present for the duration of any hearing held pursuant to this subsection. Not later than fifteen days after the public hearing conducted in accordance with this subsection, the board shall publish its finding and a memorandum of the reasons therefor. Such finding and memorandum shall be deemed to be the final decision of the board on the matter for the purposes of chapter 54. The respondent, if aggrieved by the finding and memorandum, may appeal therefrom to the Superior Court in accordance with the provisions of section 4-183.
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35-Sec. 7. Section 1-88 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
3652
37-(a) The board, upon a finding made pursuant to section 1-82, as amended by this act, that there has been a violation of any provision of this part or section 1-101nn, shall have the authority to order the violator to do any or all of the following: (1) Cease and desist the violation of this part or section 1-101nn; (2) file any report, statement or other information as required by this part or section 1-101nn; and (3) pay a civil penalty of not more than ten thousand dollars for each violation of this part or section 1-101nn.
53+This act shall take effect as follows and shall amend the following sections:
54+Section 1 October 1, 2017 1-82(c)
55+Sec. 2 October 1, 2017 1-84(i)
56+Sec. 3 October 1, 2017 1-86e
3857
39-(b) Notwithstanding the provisions of subsection (a) of this section, the board may, after a hearing conducted in accordance with sections 4-176e to 4-184, inclusive, upon the concurring vote of [six] two-thirds of its members [,] present and voting, impose a civil penalty not to exceed ten dollars per day upon any individual who fails to file any report, statement or other information as required by this part or section 1-101nn. Each distinct violation of this subsection shall be a separate offense and in case of a continued violation, each day thereof shall be deemed a separate offense. In no event shall the aggregate penalty imposed for such failure to file exceed ten thousand dollars.
58+This act shall take effect as follows and shall amend the following sections:
4059
41-(c) The board may also report its finding to the Chief State's Attorney for any action deemed necessary. The board, upon a finding made pursuant to section 1-82, as amended by this act, that a member or member-elect of the General Assembly has violated any provision of this part or section 1-101nn, shall notify the appropriate house of the General Assembly, in writing, of such finding and the basis for such finding.
60+Section 1
4261
43-(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, 1-86d, 1-86e, as amended by this act, 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.
62+October 1, 2017
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45-(e) Any employee of the Office of State Ethics or member of the Citizen's Ethics Advisory Board who, in violation of this part or section 1-101nn, discloses information filed in accordance with subparagraph (F) of subdivision (1) of subsection (b) of section 1-83, shall be dismissed, if an employee, or removed from the board, if a member.
64+1-82(c)
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47-(f) Any civil penalty imposed by the board pursuant to this section may be enforced by the Office of State Ethics as a money judgment in accordance with chapter 906.
66+Sec. 2
4867
49-Sec. 8. Subsection (b) of section 1-93 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
68+October 1, 2017
5069
51-(b) If a judge trial referee indicates that probable cause exists for the violation of a provision of this part, the board shall initiate hearings to determine whether there has been a violation of this part. Any such hearing shall be initiated by the board not later than thirty days after the finding of probable cause by a judge trial referee and shall be concluded not later than ninety days after its initiation, except that such thirty-day or ninety-day limitation period shall not apply if the judge trial referee determines that good cause exists for extending such limitation period. A judge trial referee, who has not taken part in the probable cause determination on the matter shall be assigned by the Chief Court Administrator and shall be compensated in accordance with section 52-434 out of funds available to the board. [and] Such judge trial referee shall preside over such hearing and rule on all issues concerning the application of the rules of evidence, which shall be the same as in judicial proceedings. The judge trial referee shall have no vote in any decision of the board. All hearings of the board held pursuant to this subsection shall be open. At such hearing the board shall have the same powers as the Office of State Ethics under subsection (a) of this section and the respondent shall have the right to be represented by legal counsel, [the right] to compel attendance of witnesses and the production of books, documents, records and papers and to examine and cross-examine witnesses. Not later than ten days prior to the commencement of any hearing conducted pursuant to this subsection, the Office of State Ethics shall provide the respondent with a list of its intended witnesses. The judge trial referee shall, while engaged in the discharge of the duties as provided in this subsection, have the same authority as is provided in section 51-35 over witnesses who refuse to obey a subpoena or to testify with respect to any matter upon which such witness may be lawfully interrogated, and may commit any such witness for contempt for a period no longer than thirty days. The Office of State Ethics shall make a record of all proceedings pursuant to this subsection. During the course of any such hearing, no ex-parte communication shall occur between the board, or any of its members, and: (1) The judge trial referee, or (2) any staff member of the Enforcement Division of the Office of State Ethics, concerning the complaint or the respondent. The board shall find no person in violation of any provision of this part except upon the concurring vote of [six] two-thirds of its members present and voting. No member of the board shall vote on the question of whether a violation of any provision of this part has occurred unless such member was physically present for the duration of any hearing held pursuant to this subsection. Not later than fifteen days after the public hearing conducted in accordance with this subsection, the board shall publish its finding and a memorandum of the reasons therefor. Such finding and memorandum shall be deemed to be the final decision of the board on the matter for the purposes of chapter 54. The respondent, if aggrieved by the finding and memorandum, may appeal therefrom to the Superior Court in accordance with the provisions of section 4-183.
70+1-84(i)
5271
53-Sec. 9. Section 1-99 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
72+Sec. 3
5473
55-(a) The board, upon a finding made pursuant to section 1-93, as amended by this act, that there has been a violation of any provision of this part, shall have the authority to order the violator to do any or all of the following: (1) Cease and desist the violation of this part; (2) file any report, statement or other information as required by this part; or (3) pay a civil penalty of not more than ten thousand dollars for each violation of this part. The board may prohibit any person who intentionally violates any provision of this part from engaging in the profession of lobbyist for a period of not more than two years. The board may impose a civil penalty on any person who knowingly enters into a contingent fee agreement in violation of subsection (b) of section 1-97 or terminates a lobbying contract as the result of the outcome of an administrative or legislative action. The civil penalty shall be equal to the amount of compensation which the registrant was required to be paid under the agreement.
74+October 1, 2017
5675
57-(b) Notwithstanding the provisions of subsection (a) of this section, the board may, after a hearing conducted in accordance with sections 4-176e to 4-184, inclusive, upon the concurring vote of two-thirds of its members present and voting, impose a civil penalty not to exceed ten dollars per day upon any registrant who fails to file any report, statement or other information as required by this part. Each distinct violation of this subsection shall be a separate offense and, in case of a continued violation, each day thereof shall be deemed a separate offense. In no event shall the aggregate penalty imposed for such failure to file exceed ten thousand dollars.
76+1-86e
5877
59-(c) The board may also report its finding to the Chief State's Attorney for any action deemed necessary.
6078
61-(d) Any civil penalty imposed by the board pursuant to this section may be enforced by the Office of State Ethics as a money judgment in accordance with chapter 906.
79+
80+GAE Joint Favorable
81+JUD Joint Favorable
82+
83+GAE
84+
85+Joint Favorable
86+
87+JUD
88+
89+Joint Favorable