Connecticut 2019 Regular Session

Connecticut House Bill HB07325 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Raised Bill No. 7325
	8	+	January Session, 2019
	9	+	LCO No. 5407
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	11	+
	12	+	Referred to Committee on GOVERNMENT
	13	+	ADMINISTRATION AND ELECTIONS
	14	+
	15	+
	16	+	Introduced by:
	17	+	(GAE)
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2	19
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4		-	House Bill No. 7325
5		-
6		-	Public Act No. 19-180
7		-
8		-
9		-	AN ACT CONCERNING ST ATE MARSHALS AND STA TEMENTS
10		-	OF FINANCIAL INTERESTS.
	21	+	AN ACT CONCERNING ST ATE MARSHALS' STATEM ENTS OF
	22	+	INCOME.
11	23		Be it enacted by the Senate and House of Representatives in General
12	24		Assembly convened:
13	25
14		-	Section 1. Subsections (a) and (b) of section 1-83 of the general
15		-	statutes are repealed and the following is substituted in lieu thereof
16		-	(Effective October 1, 2019):
17		-	(a) (1) All state-wide elected officers, members of the General
18		-	Assembly, department heads and their deputies, members or directors
19		-	of each quasi-public agency, members of the Investment Advisory
20		-	Council [, state marshals] and such members of the Executive
21		-	Department and such employees of quasi-public agencies as the
22		-	Governor shall require, shall file, under penalty of false statement, a
23		-	statement of financial interests for the preceding calendar year with the
24		-	Office of State Ethics on or before the May first next in any year in
25		-	which they hold such an office or position. If, in any year, May first
26		-	falls on a weekend or legal holiday, such statement shall be filed not
27		-	later than the next business day. Any such individual who leaves his
28		-	or her office or position shall file a statement of financial interests
29		-	covering that portion of the year during which such individual held
30		-	his or her office or position. The Office of State Ethics shall notify such
31		-	individuals of the requirements of this subsection not later than sixty House Bill No. 7325
	26	+	Section 1. Section 1-83 of the general statutes is repealed and the 1
	27	+	following is substituted in lieu thereof (Effective October 1, 2019): 2
	28	+	(a) (1) All state-wide elected officers, members of the General 3
	29	+	Assembly, department heads and their deputies, members or directors 4
	30	+	of each quasi-public agency, members of the Investment Advisory 5
	31	+	Council [, state marshals] and such members of the Executive 6
	32	+	Department and such employees of quasi-public agencies as the 7
	33	+	Governor shall require, shall file, under penalty of false statement, a 8
	34	+	statement of financial interests for the preceding calendar year with the 9
	35	+	Office of State Ethics on or before the May first next in any year in 10
	36	+	which they hold such an office or position. If, in any year, May first 11
	37	+	falls on a weekend or legal holiday, such statement shall be filed not 12
	38	+	later than the next business day. Any such individual who leaves his 13
	39	+	or her office or position shall file a statement of financial interests 14
	40	+	covering that portion of the year during which such individual held 15 Raised Bill No. 7325
32	41
33		-	Public Act No. 19-180 2 of 3
34	42
35		-	days after their departure from such office or position. Such
36		-	individuals shall file such statement not later than sixty days after
37		-	receipt of the notification.
38		-	(2) Each state agency, department, board and commission shall
39		-	develop and implement, in cooperation with the Office of State Ethics,
40		-	an ethics statement as it relates to the mission of the agency,
41		-	department, board or commission. The executive head of each such
42		-	agency, department, board or commission shall be directly responsible
43		-	for the development and enforcement of such ethics statement and
44		-	shall file a copy of such ethics statement with the Department of
45		-	Administrative Services and the Office of State Ethics.
46		-	(b) (1) The statement of financial interests, except as provided in
47		-	[subdivisions (2) and (3)] subdivision (2) of this subsection, shall
48		-	include the following information for the preceding calendar year in
49		-	regard to the individual required to file the statement and the
50		-	individual's spouse and dependent children residing in the
51		-	individual's household: (A) The names of all businesses with which
52		-	associated; (B) all sources of income, including the name of each
53		-	employer, with a description of the type of income received, in excess
54		-	of one thousand dollars, without specifying amounts of income; (C)
55		-	the name of securities in excess of five thousand dollars at fair market
56		-	value owned by such individual, spouse or dependent children or held
57		-	in the name of a corporation, partnership or trust for the benefit of
58		-	such individual, spouse or dependent children; (D) the existence of any
59		-	known blind trust and the names of the trustees; (E) all real property
60		-	and its location, whether owned by such individual, spouse or
61		-	dependent children or held in the name of a corporation, partnership
62		-	or trust for the benefit of such individual, spouse or dependent
63		-	children; (F) the names and addresses of creditors to whom the
64		-	individual, the individual's spouse or dependent children,
65		-	individually, owed debts of more than ten thousand dollars; (G) any House Bill No. 7325
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67		-	Public Act No. 19-180 3 of 3
	47	+	his or her office or position. The Office of State Ethics shall notify such 16
	48	+	individuals of the requirements of this subsection not later than sixty 17
	49	+	days after their departure from such office or position. Such 18
	50	+	individuals shall file such statement not later than sixty days after 19
	51	+	receipt of the notification. 20
	52	+	(2) Each state agency, department, board and commission shall 21
	53	+	develop and implement, in cooperation with the Office of State Ethics, 22
	54	+	an ethics statement as it relates to the mission of the agency, 23
	55	+	department, board or commission. The executive head of each such 24
	56	+	agency, department, board or commission shall be directly responsible 25
	57	+	for the development and enforcement of such ethics statement and 26
	58	+	shall file a copy of such ethics statement with the Department of 27
	59	+	Administrative Services and the Office of State Ethics. 28
	60	+	(b) (1) The statement of financial interests, except as provided in 29
	61	+	[subdivisions (2) and (3)] subdivision (2) of this subsection, shall 30
	62	+	include the following information for the preceding calendar year in 31
	63	+	regard to the individual required to file the statement and the 32
	64	+	individual's spouse and dependent children residing in the 33
	65	+	individual's household: (A) The names of all businesses with which 34
	66	+	associated; (B) all sources of income, including the name of each 35
	67	+	employer, with a description of the type of income received, in excess 36
	68	+	of one thousand dollars, without specifying amounts of income; (C) 37
	69	+	the name of securities in excess of five thousand dollars at fair market 38
	70	+	value owned by such individual, spouse or dependent children or held 39
	71	+	in the name of a corporation, partnership or trust for the benefit of 40
	72	+	such individual, spouse or dependent children; (D) the existence of any 41
	73	+	known blind trust and the names of the trustees; (E) all real property 42
	74	+	and its location, whether owned by such individual, spouse or 43
	75	+	dependent children or held in the name of a corporation, partnership 44
	76	+	or trust for the benefit of such individual, spouse or dependent 45
	77	+	children; (F) the names and addresses of creditors to whom the 46
	78	+	individual, the individual's spouse or dependent children, 47
	79	+	individually, owed debts of more than ten thousand dollars; (G) any 48 Raised Bill No. 7325
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69		-	leases or contracts with the state or a quasi-public agency held or
70		-	entered into by the individual or a business with which he or she was
71		-	associated; and (H) the name of any of the following that is a partner
72		-	or owner of, or has a similar business affiliation with, the business
73		-	included under subparagraph (A) of this subdivision: (i) Any lobbyist,
74		-	(ii) any person the individual filing the statement knows or has reason
75		-	to know is doing business with or seeking to do business with the state
76		-	or is engaged in activities that are directly regulated by the department
77		-	or agency in which the individual is employed, or (iii) any business
78		-	with which such lobbyist or person is associated.
79		-	[(2) The statement of financial interests filed by state marshals shall
80		-	include only amounts and sources of income earned in their capacity
81		-	as state marshals.]
82		-	[(3)] (2) In the case of securities in excess of five thousand dollars at
83		-	fair market value held within (A) a retirement savings plan, as
84		-	described in Section 401 of the Internal Revenue Code of 1986, or any
85		-	subsequent corresponding internal revenue code of the United States,
86		-	as amended from time to time, (B) a payroll deduction individual
87		-	retirement account plan, as described in Section 408 or 408A of said
88		-	Internal Revenue Code, (C) a governmental deferred compensation
89		-	plan, as described in Section 457 of said Internal Revenue Code, or (D)
90		-	an education savings plan, as described in Section 529 of said Internal
91		-	Revenue Code, the names of such securities shall not be required to be
92		-	disclosed in any statement of financial interests and only the name of
93		-	such retirement savings plan, individual retirement account plan,
94		-	deferred compensation plan or education savings plan holding such
95		-	securities shall be required.
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	86	+	leases or contracts with the state or a quasi-public agency held or 49
	87	+	entered into by the individual or a business with which he or she was 50
	88	+	associated; and (H) the name of any of the following that is a partner 51
	89	+	or owner of, or has a similar business affiliation with, the business 52
	90	+	included under subparagraph (A) of this subdivision: (i) Any lobbyist, 53
	91	+	(ii) any person the individual filing the statement knows or has reason 54
	92	+	to know is doing business with or seeking to do business with the state 55
	93	+	or is engaged in activities that are directly regulated by the department 56
	94	+	or agency in which the individual is employed, or (iii) any business 57
	95	+	with which such lobbyist or person is associated. 58
	96	+	[(2) The statement of financial interests filed by state marshals shall 59
	97	+	include only amounts and sources of income earned in their capacity 60
	98	+	as state marshals.] 61
	99	+	[(3)] (2) In the case of securities in excess of five thousand dollars at 62
	100	+	fair market value held within (A) a retirement savings plan, as 63
	101	+	described in Section 401 of the Internal Revenue Code of 1986, or any 64
	102	+	subsequent corresponding internal revenue code of the United States, 65
	103	+	as amended from time to time, (B) a payroll deduction individual 66
	104	+	retirement account plan, as described in Section 408 or 408A of said 67
	105	+	Internal Revenue Code, (C) a governmental deferred compensation 68
	106	+	plan, as described in Section 457 of said Internal Revenue Code, or (D) 69
	107	+	an education savings plan, as described in Section 529 of said Internal 70
	108	+	Revenue Code, the names of such securities shall not be required to be 71
	109	+	disclosed in any statement of financial interests and only the name of 72
	110	+	such retirement savings plan, individual retirement account plan, 73
	111	+	deferred compensation plan or education savings plan holding such 74
	112	+	securities shall be required. 75
	113	+	(c) The statement of financial interests filed pursuant to this section 76
	114	+	shall be a matter of public information, except the list of names, filed in 77
	115	+	accordance with subparagraph (F) of subdivision (1) of subsection (b) 78
	116	+	of this section shall be sealed and confidential and for the use of the 79
	117	+	Office of State Ethics only after a complaint has been filed under 80
	118	+	section 1-82 and such complaint has been determined by a vote of the 81 Raised Bill No. 7325
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	125	+	board to be of sufficient merit and gravity to justify the unsealing of 82
	126	+	such list or lists and not open to public inspection unless the 83
	127	+	respondent requests otherwise. If the board reports its findings to the 84
	128	+	Chief State's Attorney in accordance with subsection (c) of section 1-88, 85
	129	+	the board shall turn over to the Chief State's Attorney such relevant 86
	130	+	information contained in the statement as may be germane to the 87
	131	+	specific violation or violations or a prosecutorial official may subpoena 88
	132	+	such statement in a criminal action. Unless otherwise a matter of 89
	133	+	public record, the Office of State Ethics shall not disclose to the public 90
	134	+	any such subpoena which would be exempt from disclosure by the 91
	135	+	issuing agency. 92
	136	+	(d) Any individual who is unable to provide information required 93
	137	+	under the provisions of subdivision (1) of subsection (b) of this section 94
	138	+	by reason of impossibility may petition the board for a waiver of the 95
	139	+	requirements. 96
	140	+	Sec. 2. Section 6-38e of the general statutes is repealed and the 97
	141	+	following is substituted in lieu thereof (Effective October 1, 2019): 98
	142	+	(a) Each state marshal shall file with the State Marshal Commission, 99
	143	+	under penalty of false statement, a statement of income for the 100
	144	+	preceding calendar year on or before the May first next in any year in 101
	145	+	which he or she holds the position of state marshal. Any state marshal 102
	146	+	who leaves or is removed from his or her position as a state marshal 103
	147	+	shall file a statement of income covering that portion of the year 104
	148	+	during which such individual held his or her position of state marshal 105
	149	+	not later than sixty days after his or her departure from the position. 106
	150	+	The statement of income shall be on a form prescribed by the State 107
	151	+	Marshal Commission and shall include only amounts and sources of 108
	152	+	income earned in the filer's capacity as a state marshal. 109
	153	+	(b) The State Marshal Commission shall periodically review and 110
	154	+	audit the records and accounts of the state marshals. Upon the death or 111
	155	+	disability of a state marshal, the commission shall appoint a qualified 112
	156	+	individual to oversee and audit the records and accounts of such state 113 Raised Bill No. 7325
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	163	+	marshal and render an accounting to the commission. All information 114
	164	+	obtained by the commission from any audit conducted pursuant to this 115
	165	+	[section] subsection shall be confidential and shall not be subject to 116
	166	+	disclosure under the Freedom of Information Act, as defined in section 117
	167	+	1-200. 118
	168	+	This act shall take effect as follows and shall amend the following
	169	+	sections:
	170	+
	171	+	Section 1 October 1, 2019 1-83
	172	+	Sec. 2 October 1, 2019 6-38e
	173	+
	174	+	GAE Joint Favorable
96	175