Connecticut 2019 Regular Session

Connecticut House Bill HB07323 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	LCO No. 4425 1 of 10
6	4
7		-	General Assembly ~~Substitute~~ Bill No. 7323
	5	+	General Assembly Raised Bill No. 7323
8	6		January Session, 2019
	7	+	LCO No. 4425
	8	+
	9	+
	10	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	11	+	AND ELECTIONS
	12	+
	13	+
	14	+	Introduced by:
	15	+	(GAE)
	16	+
9	17
10	18
11	19
12	20		AN ACT CONCERNING AN EXEMPTION FOR CERTAIN
13	21		EXPENDITURES CLEARLY IDENTIFYING GOVERNOR OR
14	22		PRESIDENT OF THE UNITED STATES.
15	23		Be it enacted by the Senate and House of Representatives in General
16	24		Assembly convened:
17	25
18	26		Section 1. Subsection (b) of section 9-601a of the general statutes is 1
19	27		repealed and the following is substituted in lieu thereof (Effective from 2
20	28		passage): 3
21	29		(b) As used in this chapter and chapter 157, "contribution" does not 4
22	30		mean: 5
23	31		(1) A loan of money made in the ordinary course of business by a 6
24	32		national or state bank; 7
25	33		(2) Any communication made by a corporation, organization or 8
26	34		association solely to its members, owners, stockholders, executive or 9
27	35		administrative personnel, or their families; 10
28		-	(3) Nonpartisan voter registration and get-out-the-vote campaigns 11
	36	+	(3) Nonpartisan voter registration and get-out-the-vote campaigns 11 Raised Bill No. 7323
	37	+
	38	+
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	40	+	LCO No. 4425 2 of 10
	41	+
29	42		by any corporation, organization or association aimed at its members, 12
30	43		owners, stockholders, executive or administrative personnel, or their 13
31	44		families; 14
32	45		(4) Uncompensated services provided by individuals volunteering 15
33	46		their time on behalf of a party committee, political committee, slate 16
34		-	committee or candidate committee, including any services provided 17 Substitute Bill No. 7323
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	47	+	committee or candidate committee, including any services provided 17
41	48		for the benefit of nonparticipating and participating candidates under 18
42	49		the Citizens' Election Program and any unreimbursed travel expenses 19
43	50		made by an individual who volunteers the individual's personal 20
44	51		services to any such committee. For purposes of this subdivision, an 21
45	52		individual is a volunteer if such individual is not receiving 22
46	53		compensation for such services regardless of whether such individual 23
47	54		received compensation in the past or may receive compensation for 24
48	55		similar services that may be performed in the future; 25
49	56		(5) The use of real or personal property, a portion or all of the cost of 26
50	57		invitations and the cost of food or beverages, voluntarily provided by 27
51	58		an individual to a candidate, including a nonparticipating or 28
52	59		participating candidate under the Citizens' Election Program, or to a 29
53	60		party, political or slate committee, in rendering voluntary personal 30
54	61		services at the individual's residential premises or a community room 31
55	62		in the individual's residence facility, to the extent that the cumulative 32
56	63		value of the invitations, food or beverages provided by an individual 33
57	64		on behalf of any candidate or committee does not exceed four hundred 34
58	65		dollars with respect to any single event or does not exceed eight 35
59	66		hundred dollars for any such event hosted by two or more individuals, 36
60	67		provided at least one such individual owns or resides at the residential 37
61	68		premises, and further provided the cumulative value of the invitations, 38
62	69		food or beverages provided by an individual on behalf of any such 39
63	70		candidate or committee does not exceed eight hundred dollars with 40
64	71		respect to a calendar year or single election, as the case may be; 41
65	72		(6) The sale of food or beverage for use by a party, political, slate or 42
66	73		candidate committee, including those for a participating or 43
67		-	nonparticipating candidate, at a discount, if the charge is not less than 44
	74	+	nonparticipating candidate, at a discount, if the charge is not less than 44 Raised Bill No. 7323
	75	+
	76	+
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68	80		the cost to the vendor, to the extent that the cumulative value of the 45
69	81		discount given to or on behalf of any single candidate committee does 46
70	82		not exceed four hundred dollars with respect to any single primary or 47
71	83		election, or to or on behalf of any party, political or slate committee, 48
72	84		does not exceed six hundred dollars in a calendar year; 49
73		-	(7) The display of a lawn sign by a human being or on real property; 50 Substitute Bill No. 7323
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	85	+	(7) The display of a lawn sign by a human being or on real property; 50
80	86		(8) The payment, by a party committee or slate committee of the 51
81	87		costs of preparation, display, mailing or other distribution incurred by 52
82	88		the committee or individual with respect to any printed slate card, 53
83	89		sample ballot or other printed list containing the names of three or 54
84	90		more candidates; 55
85	91		(9) The donation of any item of personal property by an individual 56
86	92		to a committee for a fund-raising affair, including a tag sale or auction, 57
87	93		or the purchase by an individual of any such item at such an affair, to 58
88	94		the extent that the cumulative value donated or purchased does not 59
89	95		exceed one hundred dollars; 60
90	96		(10) (A) The purchase of advertising space which clearly identifies 61
91	97		the purchaser, in a program for a fund-raising affair sponsored by the 62
92	98		candidate committee of a candidate for an office of a municipality, 63
93	99		provided the cumulative purchase of such space does not exceed two 64
94	100		hundred fifty dollars from any single such candidate or the candidate's 65
95	101		committee with respect to any single election campaign if the 66
96	102		purchaser is a business entity or fifty dollars for purchases by any 67
97	103		other person; 68
98	104		(B) The purchase of advertising space which clearly identifies the 69
99	105		purchaser, in a program for a fund-raising affair or on signs at a fund-70
100	106		raising affair sponsored by a party committee or a political committee, 71
101	107		other than an exploratory committee, provided the cumulative 72
102	108		purchase of such space does not exceed two hundred fifty dollars from 73
103	109		any single party committee or a political committee, other than an 74
104	110		exploratory committee, in any calendar year if the purchaser is a 75
105		-	business entity or fifty dollars for purchases by any other person. 76
	111	+	business entity or fifty dollars for purchases by any other person. 76 Raised Bill No. 7323
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106	117		Notwithstanding the provisions of this subparagraph, the following 77
107	118		may not purchase advertising space in a program for a fund-raising 78
108	119		affair or on signs at a fund-raising affair sponsored by a party 79
109	120		committee or a political committee, other than an exploratory 80
110	121		committee: (i) A communicator lobbyist, (ii) a member of the 81
111	122		immediate family of a communicator lobbyist, (iii) a state contractor, 82
112		-	(iv) a prospective state contractor, or (v) a principal of a state 83 Substitute Bill No. 7323
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118		-
	123	+	(iv) a prospective state contractor, or (v) a principal of a state 83
119	124		contractor or prospective state contractor. As used in this 84
120	125		subparagraph, "state contractor", "prospective state contractor" and 85
121	126		"principal of a state contractor or prospective state contractor" have the 86
122	127		same meanings as provided in subsection (f) of section 9-612; 87
123	128		(11) The payment of money by a candidate to the candidate's 88
124	129		candidate committee, provided the committee is for a nonparticipating 89
125	130		candidate; 90
126	131		(12) The donation of goods or services by a business entity to a 91
127	132		committee for a fund-raising affair, including a tag sale or auction, to 92
128	133		the extent that the cumulative value donated does not exceed two 93
129	134		hundred dollars; 94
130	135		(13) The advance of a security deposit by an individual to a 95
131	136		telephone company, as defined in section 16-1, for telecommunications 96
132	137		service for a committee or to another utility company, such as an 97
133	138		electric distribution company, provided the security deposit is 98
134	139		refunded to the individual; 99
135	140		(14) The provision of facilities, equipment, technical and managerial 100
136	141		support, and broadcast time by a community antenna television 101
137	142		company, as defined in section 16-1, for community access 102
138	143		programming pursuant to section 16-331a, unless (A) the major 103
139	144		purpose of providing such facilities, equipment, support and time is to 104
140	145		influence the nomination or election of a candidate, or (B) such 105
141	146		facilities, equipment, support and time are provided on behalf of a 106
142	147		political party; 107
143		-	(15) The sale of food or beverage by a town committee to an 108
	148	+	(15) The sale of food or beverage by a town committee to an 108 Raised Bill No. 7323
	149	+
	150	+
	151	+
	152	+	LCO No. 4425 5 of 10
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144	154		individual at a town fair, county fair, local festival or similar mass 109
145	155		gathering held within the state, to the extent that the cumulative 110
146	156		payment made by any one individual for such items does not exceed 111
147	157		fifty dollars; 112
148	158		(16) An organization expenditure by a party committee, legislative 113
149		-	caucus committee or legislative leadership committee; 114 Substitute Bill No. 7323
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	159	+	caucus committee or legislative leadership committee; 114
156	160		(17) The donation of food or beverage by an individual for 115
157	161		consumption at a slate, candidate, political committee or party 116
158	162		committee meeting, event or activity that is not a fund-raising affair to 117
159	163		the extent that the cumulative value of the food or beverages donated 118
160	164		by an individual for a single meeting or event does not exceed fifty 119
161	165		dollars; 120
162	166		(18) The value associated with the de minimis activity on behalf of a 121
163	167		party committee, political committee, slate committee or candidate 122
164	168		committee, including for activities including, but not limited to, (A) the 123
165	169		creation of electronic or written communications or digital photos or 124
166	170		video as part of an electronic file created on a voluntary basis without 125
167	171		compensation, including, but not limited to, the creation and ongoing 126
168	172		content development and delivery of social media on the Internet or 127
169	173		telephone, including, but not limited to, the sending or receiving of 128
170	174		electronic mail or messages, (B) the posting or display of a candidate's 129
171	175		name or group of candidates' names at a town fair, county fair, local 130
172	176		festival or similar mass gathering by a party committee, (C) the use of 131
173	177		personal property or a service that is customarily attendant to the 132
174	178		occupancy of a residential dwelling, or the donation of an item or 133
175	179		items of personal property that are customarily used for campaign 134
176	180		purposes, by an individual, to a candidate committee, provided the 135
177	181		cumulative fair market value of such use of personal property or 136
178	182		service or items of personal property does not exceed one hundred 137
179	183		dollars in the aggregate for any single election or calendar year, as the 138
180	184		case may be; 139
181		-	(19) The use of offices, telephones, computers and similar 140
	185	+	(19) The use of offices, telephones, computers and similar 140 Raised Bill No. 7323
	186	+
	187	+
	188	+
	189	+	LCO No. 4425 6 of 10
	190	+
182	191		equipment provided by a party committee, legislative caucus 141
183	192		committee or legislative leadership committee that serve as 142
184	193		headquarters for or are used by such party committee, legislative 143
185	194		caucus committee or legislative leadership committee; 144
186	195		(20) A communication, as described in subdivision (7) of subsection 145
187		-	(b) of section 9-601b; 146 Substitute Bill No. 7323
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193		-
	196	+	(b) of section 9-601b; 146
194	197		(21) An independent expenditure, as defined in section 9-601c; 147
195	198		(22) A communication containing an endorsement on behalf of a 148
196	199		candidate for nomination or election to the office of Governor, 149
197	200		Lieutenant Governor, Secretary of the State, State Treasurer, State 150
198	201		Comptroller, Attorney General, state senator or state representative, 151
199	202		from a candidate for the office of Governor, Lieutenant Governor, 152
200	203		Secretary of the State, State Treasurer, State Comptroller, Attorney 153
201	204		General, state senator or state representative, provided the candidate 154
202	205		(A) making the endorsement is unopposed at the time of the 155
203	206		communication, and (B) being endorsed paid for such communication; 156
204	207		(23) A communication that is sent by mail to addresses in the district 157
205	208		for which a candidate being endorsed by another candidate pursuant 158
206	209		to this subdivision is seeking nomination or election to the office of 159
207	210		state senator or state representative, containing an endorsement on 160
208	211		behalf of such candidate for such nomination or election from a 161
209	212		candidate for the office of state senator or state representative, 162
210	213		provided the candidate (A) making the endorsement is not seeking 163
211	214		election to the office of state senator or state representative for a 164
212	215		district that contains any geographical area shared by the district for 165
213	216		the office to which the endorsed candidate is seeking nomination or 166
214	217		election, and (B) being endorsed paid for such communication; [or] 167
215	218		(24) A communication described in subdivision (2) of subsection (a) 168
216		-	of section 9-601b, as amended by this act, that refers to a clearly 169
217		-	identified candidate for Governor or President of the United States, 170
218		-	which communication is paid for by a candidate for nomination or 171
219		-	election to any other office or by any committee of such candidate, 172
220		-	provided such communication shall only not be a contribution to any 173
221		-	candidate for Governor or President of the United States; or 174
	219	+	of section 9-601b that refers to a clearly identified candidate for 169
	220	+	Governor or President of the United States, which communication is 170
	221	+	paid for by or on behalf of a candidate for nomination or election to 171
	222	+	any other office, provided such communication shall only not be a 172 Raised Bill No. 7323
	223	+
	224	+
	225	+
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	227	+
	228	+	contribution to any candidate for Governor or President of the United 173
	229	+	States; or 174
222	230		[(24)] (25) Campaign training events provided to multiple 175
223	231		individuals by a legislative caucus committee and any associated 176
224	232		materials, provided the cumulative value of such events and materials 177
225		-	does not exceed six thousand dollars in the aggregate for a calendar 178 Substitute Bill No. 7323
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	233	+	does not exceed six thousand dollars in the aggregate for a calendar 178
232	234		year. 179
233	235		Sec. 2. Subsection (b) of section 9-601b of the general statutes is 180
234	236		repealed and the following is substituted in lieu thereof (Effective from 181
235	237		passage): 182
236	238		(b) The term "expenditure" does not mean: 183
237	239		(1) A loan of money, made in the ordinary course of business, by a 184
238	240		state or national bank; 185
239	241		(2) A communication made by any corporation, organization or 186
240	242		association solely to its members, owners, stockholders, executive or 187
241	243		administrative personnel, or their families; 188
242	244		(3) Nonpartisan voter registration and get-out-the-vote campaigns 189
243	245		by any corporation, organization or association aimed at its members, 190
244	246		owners, stockholders, executive or administrative personnel, or their 191
245	247		families; 192
246	248		(4) Uncompensated services provided by individuals volunteering 193
247	249		their time on behalf of a party committee, political committee, slate 194
248	250		committee or candidate committee, including any services provided 195
249	251		for the benefit of nonparticipating and participating candidates under 196
250	252		the Citizens' Election Program and any unreimbursed travel expenses 197
251	253		made by an individual who volunteers the individual's personal 198
252	254		services to any such committee. For purposes of this subdivision, an 199
253	255		individual is a volunteer if such individual is not receiving 200
254	256		compensation for such services regardless of whether such individual 201
255		-	received compensation in the past or may receive compensation for 202
	257	+	received compensation in the past or may receive compensation for 202 Raised Bill No. 7323
	258	+
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	262	+
256	263		similar services that may be performed in the future; 203
257	264		(5) Any news story, commentary or editorial distributed through 204
258	265		the facilities of any broadcasting station, newspaper, magazine or 205
259	266		other periodical, unless such facilities are owned or controlled by any 206
260		-	political party, committee or candidate; 207 Substitute Bill No. 7323
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	267	+	political party, committee or candidate; 207
267	268		(6) The use of real or personal property, a portion or all of the cost of 208
268	269		invitations and the cost of food or beverages, voluntarily provided by 209
269	270		an individual to a candidate, including a nonparticipating or 210
270	271		participating candidate under the Citizens' Election Program, or to a 211
271	272		party, political or slate committee, in rendering voluntary personal 212
272	273		services at the individual's residential premises or a community room 213
273	274		in the individual's residence facility, to the extent that the cumulative 214
274	275		value of the invitations, food or beverages provided by an individual 215
275	276		on behalf of any candidate or committee does not exceed four hundred 216
276	277		dollars with respect to any single event or does not exceed eight 217
277	278		hundred dollars for any such event hosted by two or more individuals, 218
278	279		provided at least one such individual owns or resides at the residential 219
279	280		premises, and further provided the cumulative value of the invitations, 220
280	281		food or beverages provided by an individual on behalf of any such 221
281	282		candidate or committee does not exceed eight hundred dollars with 222
282	283		respect to a calendar year or single election, as the case may be; 223
283	284		(7) A communication described in subdivision (2) of subsection (a) 224
284	285		of this section that includes speech or expression made (A) prior to the 225
285	286		ninety-day period preceding the date of a primary or an election at 226
286	287		which the clearly identified candidate or candidates are seeking 227
287	288		nomination to public office or position, that is made for the purpose of 228
288	289		influencing any legislative or administrative action, as defined in 229
289	290		section 1-91, or executive action, or (B) during a legislative session for 230
290	291		the purpose of influencing legislative action; 231
291	292		(8) An organization expenditure by a party committee, legislative 232
292	293		caucus committee or legislative leadership committee; 233
293		-	(9) A commercial advertisement that refers to an owner, director or 234
	294	+	(9) A commercial advertisement that refers to an owner, director or 234 Raised Bill No. 7323
	295	+
	296	+
	297	+
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294	300		officer of a business entity who is also a candidate and that had 235
295	301		previously been broadcast or appeared when the owner, director or 236
296	302		officer was not a candidate; 237
297		-	(10) (A) A communication containing an endorsement on behalf of a 238
298		-	candidate for nomination or election to the office of Governor, 239 Substitute Bill No. 7323
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	303	+	(10) A communication containing an endorsement on behalf of a 238
	304	+	candidate for nomination or election to the office of Governor, 239
305	305		Lieutenant Governor, Secretary of the State, State Treasurer, State 240
306	306		Comptroller, Attorney General, state senator or state representative, 241
307	307		from a candidate for the office of Governor, Lieutenant Governor, 242
308	308		Secretary of the State, State Treasurer, State Comptroller, Attorney 243
309		-	General, state senator or state representative, [shall not be an 244
310		-	expenditure attributable to the endorsing candidate, if] provided (i) the 245
311		-	candidate making the endorsement is unopposed at the time of the 246
312		-	communication, and (ii) the communication is paid for by the 247
313		-	candidate or the committee of the candidate being endorsed. 248
314		-	(B) Notwithstanding the provisions of subparagraph (A) of this 249
315		-	subdivision, a communication described in said subparagraph shall be 250
316		-	an expenditure on behalf of the candidate or committee paying for the 251
317		-	communication; 252
318		-	(11) (A) A communication that is sent by mail to addresses in the 253
319		-	district for which a candidate being endorsed by another candidate 254
320		-	pursuant to the provisions of this subdivision is seeking nomination or 255
321		-	election to the office of state senator or state representative, containing 256
322		-	an endorsement on behalf of such candidate for such nomination or 257
323		-	election, from a candidate for the office of state senator or state 258
324		-	representative, [shall not be an expenditure attributable to the 259
325		-	endorsing candidate, if] provided (i) the candidate making the 260
326		-	endorsement is not seeking election to the office of state senator or 261
327		-	state representative for a district that contains any geographical area 262
328		-	shared by the district for the office to which the endorsed candidate is 263
329		-	seeking nomination or election, and (ii) the communication is paid for 264
330		-	by the candidate or the committee of the candidate being endorsed. 265
331		-	(B) Notwithstanding the provisions of subparagraph (A) of this 266
332		-	subdivision, a communication described in said subparagraph shall be 267
333		-	an expenditure on behalf of the candidate or committee paying for the 268
334		-	communication; 269
335		-	(12) A communication described in subdivision (2) of subsection (a) 270
336		-	of this section that refers to a clearly identified candidate for Governor 271 Substitute Bill No. 7323
	309	+	General, state senator or state representative, provided such 244
	310	+	communication shall not be an expenditure attributable to the 245
	311	+	endorsing candidate [,] if the candidate making the endorsement is 246
	312	+	unopposed at the time of the communication; 247
	313	+	(11) A communication that is sent by mail to addresses in the district 248
	314	+	for which a candidate being endorsed by another candidate pursuant 249
	315	+	to the provisions of this subdivision is seeking nomination or election 250
	316	+	to the office of state senator or state representative, containing an 251
	317	+	endorsement on behalf of such candidate for such nomination or 252
	318	+	election, from a candidate for the office of state senator or state 253
	319	+	representative, provided such communication shall not be an 254
	320	+	expenditure attributable to the endorsing candidate [,] if the candidate 255
	321	+	making the endorsement is not seeking election to the office of state 256
	322	+	senator or state representative for a district that contains any 257
	323	+	geographical area shared by the district for the office to which the 258
	324	+	endorsed candidate is seeking nomination or election; 259
	325	+	(12) A communication described in subdivision (2) of subsection (a) 260
	326	+	of section 9-601b that refers to a clearly identified candidate for 261
	327	+	Governor or President of the United States, which communication is 262
	328	+	paid for by or on behalf of a candidate for nomination or election to 263
	329	+	any other office, provided such communication shall only not be an 264
	330	+	expenditure to the extent it refers to any candidate for Governor or 265
	331	+	President of the United States; 266 Raised Bill No. 7323
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343		-	or President of the United States, which communication is paid for by 272
344		-	a candidate for nomination or election to any other office or by any 273
345		-	committee of such candidate, provided such communication shall only 274
346		-	not be an expenditure to the extent it refers to any candidate for 275
347		-	Governor or President of the United States; 276
348		-	[(12)] (13) Campaign training events provided to multiple 277
349		-	individuals by a legislative caucus committee and any associated 278
350		-	materials, provided the cumulative value of such events and materials 279
351		-	does not exceed six thousand dollars in the aggregate for a calendar 280
352		-	year; 281
353		-	[(13)] (14) A lawful communication by any charitable organization 282
354		-	which is a tax-exempt organization under Section 501(c)(3) of the 283
355		-	Internal Revenue Code of 1986, or any subsequent corresponding 284
356		-	internal revenue code of the United States, as from time to time 285
357		-	amended; 286
358		-	[(14)] (15) The use of offices, telephones, computers and similar 287
359		-	equipment provided by a party committee, legislative caucus 288
360		-	committee or legislative leadership committee that serve as 289
361		-	headquarters for or are used by such party committee, legislative 290
362		-	caucus committee or legislative leadership committee; or 291
363		-	[(15)] (16) An expense or expenses incurred by a human being 292
364		-	acting alone in an amount that is two hundred dollars or less, in the 293
365		-	aggregate, that benefits a candidate for a single election. 294
	335	+	LCO No. 4425 10 of 10
	336	+
	337	+	[(12)] (13) Campaign training events provided to multiple 267
	338	+	individuals by a legislative caucus committee and any associated 268
	339	+	materials, provided the cumulative value of such events and materials 269
	340	+	does not exceed six thousand dollars in the aggregate for a calendar 270
	341	+	year; 271
	342	+	[(13)] (14) A lawful communication by any charitable organization 272
	343	+	which is a tax-exempt organization under Section 501(c)(3) of the 273
	344	+	Internal Revenue Code of 1986, or any subsequent corresponding 274
	345	+	internal revenue code of the United States, as from time to time 275
	346	+	amended; 276
	347	+	[(14)] (15) The use of offices, telephones, computers and similar 277
	348	+	equipment provided by a party committee, legislative caucus 278
	349	+	committee or legislative leadership committee that serve as 279
	350	+	headquarters for or are used by such party committee, legislative 280
	351	+	caucus committee or legislative leadership committee; or 281
	352	+	[(15)] (16) An expense or expenses incurred by a human being 282
	353	+	acting alone in an amount that is two hundred dollars or less, in the 283
	354	+	aggregate, that benefits a candidate for a single election. 284
366	355		This act shall take effect as follows and shall amend the following
367	356		sections:
368	357
369	358		Section 1 from passage 9-601a(b)
370	359		Sec. 2 from passage 9-601b(b)
371	360
372		-	GAE Joint Favorable Subst.
	361	+	Statement of Purpose:
	362	+	To provide an exemption for certain expenditures that clearly identify
	363	+	the Governor or President of the United States.
	364	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	365	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	366	+	not underlined.]
373	367