Connecticut 2019 2019 Regular Session

Connecticut House Bill HB07328 Comm Sub / Bill

Filed 04/08/2019

                     
 
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General Assembly  Substitute Bill No. 7328  
January Session, 2019 
 
 
 
 
 
AN ACT REVISING CERTAIN ETHICS CODE DEFINITIONS AND GIFT 
PROVISIONS.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Subdivision (2) of section 1-79 of the general statutes is 1 
repealed and the following is substituted in lieu thereof (Effective 2 
October 1, 2019): 3 
(2) ["Business with which he is associated"] "Business with which 4 
the person is associated" (A) means any sole proprietorship, 5 
partnership, firm, corporation, trust or other entity through which 6 
business for profit or not for profit is conducted in which the public 7 
official or state employee or member of his or her immediate family is 8 
a director, officer, owner, limited or general partner, beneficiary of a 9 
trust or holder of stock constituting five per cent or more of the total 10 
outstanding stock of any class, provided, a public official or state 11 
employee, or member of his or her immediate family, shall not be 12 
deemed to be associated with a not for profit entity solely by virtue of 13 
the fact that the public official or state employee or member of his or 14 
her immediate family is an unpaid director or officer of the not for 15 
profit entity, [. "Officer" refers only to] and (B) includes a second 16 
business held by the business with which the person is associated, if 17 
the business with which the person is associated is a director, officer, 18 
owner, limited or general partner, beneficiary of a trust or holder of 19  Substitute Bill No. 7328 
 
 
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stock constituting five per cent or more of the total outstanding stock 20 
of any class of such second business. For the purposes of this 21 
subdivision, "officer" means the president, executive or senior vice 22 
president or treasurer of such business or any person who exercises 23 
exclusive control over such business. 24 
Sec. 2. Subdivision (11) of section 1-79 of the general statutes is 25 
repealed and the following is substituted in lieu thereof (Effective 26 
October 1, 2019): 27 
(11) "Public official" means (A) any state-wide elected officer; [,] (B) 28 
any member or member-elect of the General Assembly; [,] (C) any 29 
person appointed to any office of the legislative, judicial or executive 30 
branch of state government, with or without the advice and consent of 31 
the General Assembly, by the Governor, [or] an appointee of the 32 
Governor [, with or without the advice and consent of the General 33 
Assembly,] or any other state-wide elected officer; (D) any public 34 
member or representative of the teachers' unions or state employees' 35 
unions appointed to the Investment Advisory Council pursuant to 36 
subsection (a) of section 3-13b; [,] (E) any person appointed or elected 37 
by the General Assembly or by any member of either house thereof; [,] 38 
(F) any member or director of a quasi-public agency; and (G) the 39 
spouse of the Governor. [, but] "Public official" does not include a 40 
member of an advisory board, a judge of any court either elected or 41 
appointed, any person appointed by a judge in the exercise of the 42 
judge's authority in a judicial matter or a senator or representative in 43 
Congress. 44 
Sec. 3. Section 1-84 of the general statutes is repealed and the 45 
following is substituted in lieu thereof (Effective October 1, 2019): 46 
(a) No public official or state employee shall, while serving as such, 47 
have any financial interest in, or engage in, any business, employment, 48 
transaction or professional activity, which is in substantial conflict with 49 
the proper discharge of his or her duties or employment in the public 50 
interest and of his or her responsibilities as prescribed in the laws of 51  Substitute Bill No. 7328 
 
 
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this state, as defined in section 1-85, as amended by this act. 52 
(b) No public official or state employee shall accept other 53 
employment which will either impair his or her independence of 54 
judgment as to his or her official duties or employment or require 55 
[him] such official or employee, or induce [him] such official or 56 
employee, to disclose confidential information acquired by him or her 57 
in the course of and by reason of [his] such official's or state 58 
employee's official duties. 59 
(c) No public official or state employee shall wilfully and knowingly 60 
disclose, for financial gain, to any other person, confidential 61 
information acquired by him or her in the course of and by reason of 62 
his or her official duties or employment and no public official or state 63 
employee shall use his or her public office or position or any 64 
confidential information received through his or her holding such 65 
public office or position to obtain financial gain for [himself] such 66 
official or employee, his or her spouse, child, child's spouse, parent, 67 
brother or sister or a business with which [he] the person is associated. 68 
(d) No public official or state employee or employee of such public 69 
official or state employee shall agree to accept, or be a member or 70 
employee of a partnership, association, professional corporation or 71 
sole proprietorship which partnership, association, professional 72 
corporation or sole proprietorship agrees to accept any employment, 73 
fee or other thing of value, or portion thereof, for appearing, agreeing 74 
to appear, or taking any other action on behalf of another person 75 
before the Department of Banking, the Office of the Claims 76 
Commissioner, the Health Systems Planning Unit of the Office of 77 
Health Strategy, the Insurance Department, the Department of 78 
Consumer Protection, the Department of Motor Vehicles, the State 79 
Insurance and Risk Management Board, the Department of Energy and 80 
Environmental Protection, the Public Utilities Regulatory Authority, 81 
the Connecticut Siting Council or the Connecticut Real Estate 82 
Commission; provided this subsection shall not prohibit any such 83 
person from [making inquiry] inquiring for information on behalf of 84  Substitute Bill No. 7328 
 
 
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another before any of said commissions or commissioners if no fee or 85 
reward is given or promised in consequence thereof. For the purpose 86 
of this subsection, partnerships, associations, professional corporations 87 
or sole proprietorships refer only to such partnerships, associations, 88 
professional corporations or sole proprietorships which have been 89 
formed to carry on the business or profession directly relating to the 90 
employment, appearing, agreeing to appear or taking of action 91 
provided for in this subsection. Nothing in this subsection shall 92 
prohibit any employment, appearing, agreeing to appear or taking 93 
action before any municipal board, commission or council. Nothing in 94 
this subsection shall be construed as applying (1) to the actions of any 95 
teaching or research professional employee of a public institution of 96 
higher education if such actions are not in violation of any other 97 
provision of this chapter, (2) to the actions of any other professional 98 
employee of a public institution of higher education if such actions are 99 
not compensated and are not in violation of any other provision of this 100 
chapter, (3) to any member of a board or commission who receives no 101 
compensation other than per diem payments or reimbursement for 102 
actual or necessary expenses, or both, incurred in the performance of 103 
the member's duties, or (4) to any member or director of a quasi-public 104 
agency. Notwithstanding the provisions of this subsection to the 105 
contrary, a legislator, an officer of the General Assembly or part-time 106 
legislative employee may be or become a member or employee of a 107 
firm, partnership, association or professional corporation which 108 
represents clients for compensation before agencies listed in this 109 
subsection, provided the legislator, officer of the General Assembly or 110 
part-time legislative employee shall take no part in any matter 111 
involving the agency listed in this subsection and shall not receive 112 
compensation from any such matter. Receipt of a previously 113 
established salary, not based on the current or anticipated business of 114 
the firm, partnership, association or professional corporation involving 115 
the agencies listed in this subsection, shall be permitted.  116 
(e) No legislative commissioner or his or her partners, employees or 117 
associates shall represent any person subject to the provisions of part II 118  Substitute Bill No. 7328 
 
 
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concerning the promotion of or opposition to legislation before the 119 
General Assembly, or accept any employment which includes an 120 
agreement or understanding to influence, or which is inconsistent 121 
with, the performance of his or her official duties. 122 
(f) No person shall offer or give to a public official or state employee 123 
or candidate for public office or [his] such official's, employee's or 124 
candidate's spouse, his or her parent, brother, sister or child or spouse 125 
of such child or a business with which [he] the person is associated, 126 
anything of value, including, but not limited to, a gift, loan, political 127 
contribution, reward or promise of future employment based on any 128 
understanding that the vote, official action or judgment of the public 129 
official, state employee or candidate for public office would be or had 130 
been influenced thereby. 131 
(g) No public official or state employee or candidate for public office 132 
shall solicit or accept anything of value, including, but not limited to, a 133 
gift, loan, political contribution, reward or promise of future 134 
employment based on any understanding that the vote, official action 135 
or judgment of the public official or state employee or candidate for 136 
public office would be or had been influenced thereby. 137 
(h) Nothing in subsection (f) or (g) of this section shall be construed 138 
(1) to apply to any promise made in violation of subdivision (6) of 139 
section 9-622, or (2) to permit any activity otherwise prohibited in 140 
section 53a-147 or 53a-148. 141 
(i) (1) No public official or state employee or member of the official 142 
or employee's immediate family or a business with which [he] the 143 
person is associated shall enter into any contract with the state, valued 144 
at one hundred dollars or more, other than a contract (A) of 145 
employment as a state employee, (B) with the Technical Education and 146 
Career System for students enrolled in a school in the system to 147 
perform services in conjunction with vocational, technical, 148 
technological or postsecondary education and training any such 149 
student is receiving at a school in the system, subject to the review 150  Substitute Bill No. 7328 
 
 
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process under subdivision (2) of this subsection, (C) with a public 151 
institution of higher education to support a collaboration with such 152 
institution to develop and commercialize any invention or discovery, 153 
or (D) pursuant to a court appointment, unless the contract has been 154 
awarded through an open and public process, including prior public 155 
offer and subsequent public disclosure of all proposals considered and 156 
the contract awarded. In no event shall an executive head of an agency, 157 
as defined in section 4-166, including a commissioner of a department, 158 
or an executive head of a quasi-public agency, as defined in section 1-159 
79, as amended by this act, or the executive head's immediate family or 160 
a business with which [he] the person is associated enter into any 161 
contract with [that] such agency or quasi-public agency. Nothing in 162 
this subsection shall be construed as applying to any public official 163 
who is appointed as a member of the executive branch or as a member 164 
or director of a quasi-public agency and who receives no compensation 165 
other than per diem payments or reimbursement for actual or 166 
necessary expenses, or both, incurred in the performance of the public 167 
official's duties unless such public official has authority or control over 168 
the subject matter of the contract. Any contract made in violation of 169 
this subsection shall be voidable by a court of competent jurisdiction if 170 
the suit is commenced not later than one hundred eighty days after the 171 
making of the contract. 172 
(2) The superintendent of the Technical Education and Career 173 
System shall establish an open and transparent process to review any 174 
contract entered into under subparagraph (B) of subdivision (1) of this 175 
subsection. 176 
(j) No public official, state employee or candidate for public office, 177 
or a member of any such person's staff or immediate family shall 178 
knowingly solicit or accept, directly or indirectly, any gift, as defined 179 
in subdivision (5) of section 1-79, from a person known to be a 180 
registrant or anyone known to be acting on behalf of a registrant. 181 
(k) No public official, spouse of the Governor or state employee 182 
shall accept a fee or honorarium for an article, appearance or speech, or 183  Substitute Bill No. 7328 
 
 
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for participation at an event, in the public official's, spouse's or state 184 
employee's official capacity, provided a public official, Governor's 185 
spouse or state employee may receive payment or reimbursement for 186 
necessary expenses for any such activity in his or her official capacity. 187 
If a public official, Governor's spouse or state employee receives such a 188 
payment or reimbursement for lodging or out-of-state travel, or both, 189 
the public official, Governor's spouse or state employee shall, not later 190 
than thirty days thereafter, file a report of the payment or 191 
reimbursement with the Office of State Ethics, unless the payment or 192 
reimbursement is provided by the federal government or another state 193 
government. If a public official, Governor's spouse or state employee 194 
does not file such report within such period, either intentionally or due 195 
to gross negligence on the public official's, Governor's spouse's or state 196 
employee's part, the public official, Governor's spouse or state 197 
employee shall return the payment or reimbursement. If any failure to 198 
file such report is not intentional or due to gross negligence on the part 199 
of the public official, Governor's spouse or state employee, the public 200 
official, Governor's spouse or state employee shall not be subject to any 201 
penalty under this chapter. When a public official, Governor's spouse 202 
or state employee attends an event in this state in the public official's, 203 
Governor's spouse's or state employee's official capacity and as a 204 
principal speaker at such event and receives admission to or food or 205 
beverage at such event from the sponsor of the event, such admission 206 
or food or beverage shall not be considered a gift and no report shall 207 
be required from such public official, spouse or state employee or from 208 
the sponsor of the event. 209 
(l) No public official or state employee, or any person acting on 210 
behalf of a public official or state employee, shall wilfully and 211 
knowingly interfere with, influence, direct or solicit existing or new 212 
lobbying contracts, agreements or business relationships for or on 213 
behalf of any person. 214 
(m) No public official or state employee shall knowingly solicit or 215 
accept, directly or indirectly, any gift, as defined in subdivision (5) of 216  Substitute Bill No. 7328 
 
 
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section 1-79, from any person the public official or state employee 217 
knows or has reason to know: (1) Is doing business with or seeking to 218 
do business with the department or agency in which the public official 219 
or state employee is employed; (2) is engaged in activities which are 220 
directly regulated by such department or agency; or (3) is prequalified 221 
under section 4a-100. No person shall knowingly give, directly or 222 
indirectly, any gift or gifts in violation of this provision. For the 223 
purposes of this subsection, the exclusion to the term "gift" in 224 
subparagraph (L) of subdivision (5) of section 1-79 for a gift for the 225 
celebration of a major life event shall not apply. Any person prohibited 226 
from making a gift under this subsection shall report to the Office of 227 
State Ethics any solicitation of a gift from such person by a [state 228 
employee or] public official or state employee. 229 
(n) (1) As used in this subsection, (A) "investment services" means 230 
investment legal services, investment banking services, investment 231 
advisory services, underwriting services, financial advisory services or 232 
brokerage firm services, and (B) "principal of an investment services 233 
firm" means (i) an individual who is a director of or has an ownership 234 
interest in an investment services firm, except for an individual who 235 
owns less than five per cent of the shares of an investment services 236 
firm which is a publicly traded corporation, (ii) an individual who is 237 
employed by an investment services firm as president, treasurer, or 238 
executive or senior vice president, (iii) an employee of such an 239 
investment services firm who has managerial or discretionary 240 
responsibilities with respect to any investment services, (iv) the spouse 241 
or dependent child of an individual described in this subparagraph, or 242 
(v) a political committee established by or on behalf of an individual 243 
described in this subparagraph. 244 
(2) The State Treasurer shall not pay any compensation, expenses or 245 
fees or issue any contract to any firm which provides investment 246 
services when (A) a political committee, as defined in section 9-601, 247 
established by such firm, or (B) a principal of the investment services 248 
firm has made a contribution, as defined in section 9-601a, to, or 249  Substitute Bill No. 7328 
 
 
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solicited contributions on behalf of, any exploratory committee or 250 
candidate committee, as defined in section 9-601, established by the 251 
State Treasurer as a candidate for nomination or election to the office 252 
of State Treasurer. The State Treasurer shall not pay any compensation, 253 
expenses or fees or issue any contract to such firms or principals 254 
during the term of office as State Treasurer, including, for an 255 
incumbent State Treasurer seeking reelection, any remainder of the 256 
current term of office. 257 
(o) If (1) any person (A) is doing business with or seeking to do 258 
business with the department or agency in which a public official or 259 
state employee is employed, or (B) is engaged in activities which are 260 
directly regulated by such department or agency, and (2) such person 261 
or a representative of such person gives to such public official or state 262 
employee anything of value which is subject to the reporting 263 
requirements pursuant to subsection (e) of section 1-96, such person or 264 
representative shall, not later than ten days thereafter, give such 265 
recipient and the executive head of the recipient's department or 266 
agency a written report stating the name of the donor, a description of 267 
the item or items given, the value of such items and the cumulative 268 
value of all items given to such recipient during that calendar year. 269 
The provisions of this subsection shall not apply to a political 270 
contribution otherwise reported as required by law. 271 
(p) (1) No public official or state employee or member of the 272 
immediate family of a public official or state employee shall knowingly 273 
accept, directly or indirectly, any gift costing [one] five hundred 274 
dollars or more in the aggregate during a calendar year from a public 275 
official or state employee who is under the supervision of such public 276 
official or state employee. 277 
(2) No public official or state employee or member of the immediate 278 
family of a public official or state employee shall knowingly accept, 279 
directly or indirectly, any gift costing [one] five hundred dollars or 280 
more in the aggregate during a calendar year from a public official or 281 
state employee who is a supervisor of such public official or state 282  Substitute Bill No. 7328 
 
 
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employee. 283 
(3) No public official or state employee shall knowingly give, 284 
directly or indirectly, any gift in violation of subdivision (1) or (2) of 285 
this subsection. 286 
(q) No public official or state employee shall intentionally counsel, 287 
authorize or otherwise sanction action that violates any provision of 288 
this part. 289 
(r) (1) Notwithstanding the provisions of subsections (b) and (c) of 290 
this section, a member of the faculty or a member of a faculty 291 
bargaining unit of a constituent unit of the state system of higher 292 
education may enter into a consulting agreement or engage in a 293 
research project with a public or private entity, provided such 294 
agreement or project does not conflict with the member's employment 295 
with the constituent unit, as determined by policies established by the 296 
board of trustees for such constituent unit.  297 
(2) The board of trustees for each constituent unit of the state system 298 
of higher education shall establish policies to ensure that any such 299 
member who enters such a consulting agreement or engages in such a 300 
research project (A) is not inappropriately using university proprietary 301 
information in connection with such agreement or project, (B) does not 302 
have an interest in such agreement or project that interferes with the 303 
proper discharge of his or her employment with the constituent unit, 304 
and (C) is not inappropriately using such member's association with 305 
the constituent unit in connection with such agreement or project. Such 306 
policies shall (i) establish procedures for the disclosure, review and 307 
management of conflicts of interest relating to any such agreement or 308 
project, (ii) require the approval by the chief academic officer of the 309 
constituent unit, or his or her designee, prior to any such member 310 
entering into any such agreement or engaging in any such project, and 311 
(iii) include procedures that impose sanctions and penalties on any 312 
member for failing to comply with the provisions of the policies. 313 
Annually, the internal audit office of each constituent unit shall audit 314  Substitute Bill No. 7328 
 
 
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the constituent unit's compliance with such policies and report its 315 
findings to the committee of the constituent unit established pursuant 316 
to subdivision (3) of this subsection. For purposes of this subsection, 317 
"consulting" means the provision of services for compensation to a 318 
public or private entity by a member of the faculty or member of a 319 
faculty bargaining unit of a constituent unit of the state system of 320 
higher education: (I) When the request to provide such services is 321 
based on such member's expertise in a field or prominence in such 322 
field, and (II) while such member is not acting in the capacity of a state 323 
employee, and "research" means a systematic investigation, including, 324 
but not limited to, research development, testing and evaluation, 325 
designed to develop or contribute to general knowledge in the 326 
applicable field of study.  327 
(3) There is established a committee for each constituent unit of the 328 
state system of higher education to monitor the constituent unit's 329 
compliance with the policies and procedures described in subdivision 330 
(2) of this subsection governing consulting agreements and research 331 
projects with public or private entities by a member of the faculty or a 332 
member of a faculty bargaining unit of such constituent unit. Each 333 
committee shall consist of nine members as follows: (A) Three 334 
members, appointed jointly by the Governor, the speaker of the House 335 
of Representatives, the president pro tempore of the Senate, the 336 
majority leader of the House of Representatives, the majority leader of 337 
the Senate, the minority leader of the House of Representatives and the 338 
minority leader of the Senate, who shall serve as members for each 339 
such committee; (B) one member appointed by the chairperson of the 340 
constituent unit's board of trustees from the membership of such 341 
board; (C) the chief academic officer of the constituent unit, or his or 342 
her designee; (D) three members appointed by the chief executive 343 
officer of the constituent unit; and (E) one member appointed by the 344 
chairperson of the Citizen's Ethics Advisory Board from the 345 
membership of such board. Members shall serve for a term of two 346 
years. Any vacancies shall be filled by the appointing authority. Each 347 
committee shall (i) review the annual reports submitted by the internal 348  Substitute Bill No. 7328 
 
 
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audit office for the constituent unit, pursuant to subdivision (2) of this 349 
subsection, (ii) make recommendations, annually, to the board of 350 
trustees of the constituent unit concerning the policies and procedures 351 
of the constituent unit established pursuant to subdivision (2) of this 352 
subsection, including any changes to such policies and procedures, 353 
and (iii) send a copy of such recommendations, in accordance with 354 
section 11-4a, to the joint standing committees of the General 355 
Assembly having cognizance of matters relating to higher education 356 
and government administration. 357 
(4) The provisions of subsections (b) and (c) of this section shall 358 
apply to any member of the faculty or member of a faculty bargaining 359 
unit of a constituent unit of the state system of higher education who 360 
enters such a consulting agreement or engages in such a research 361 
project without prior approval, as described in subdivision (2) of this 362 
subsection. 363 
(s) Notwithstanding the provisions of this section or any other 364 
provision of this part, a state employee who is employed at a 365 
constituent unit of the state system of higher education and a member 366 
of the immediate family of such state employee may be employed in 367 
the same department or division of such constituent unit, provided the 368 
constituent unit has determined that procedures have been 369 
implemented to ensure that any final decisions impacting the financial 370 
interests of either such state employee, including decisions to hire, 371 
promote, increase the compensation of or renew the employment of 372 
such state employee, are made by another state employee who is not a 373 
member of the immediate family of such state employee.  374 
Sec. 4. Subdivision (16) of section 1-91 of the general statutes is 375 
repealed and the following is substituted in lieu thereof (Effective 376 
October 1, 2019): 377 
(16) "Public official" means (A) any state-wide elected state officer, 378 
(B) any member or member-elect of the General Assembly, (C) any 379 
person appointed to any office of the legislative, judicial or executive 380  Substitute Bill No. 7328 
 
 
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branch of state government, with or without the advice and consent of 381 
the General Assembly, by the Governor or any other state-wide elected 382 
officer, [with or without the advice and consent of the General 383 
Assembly,] (D) the spouse of the Governor, and (E) any person 384 
appointed or elected by the General Assembly or any member of either 385 
house thereof. [; but] "Public official" does not include a member of an 386 
advisory board or a senator or representative in Congress. 387 
Sec. 5. Subdivision (1) of section 1-101mm of the general statutes is 388 
repealed and the following is substituted in lieu thereof (Effective 389 
October 1, 2019): 390 
(1) "Business with which the person is associated" means any sole 391 
proprietorship, partnership, firm, corporation, trust or other entity 392 
through which business for-profit or not-for-profit is conducted in 393 
which the person or member of the immediate family of any person 394 
who is an individual is a director, officer, owner, limited or general 395 
partner, beneficiary of a trust or holder of stock constituting five per 396 
cent or more of the total outstanding stock of any class, provided, a 397 
person who is an individual or a member of the immediate family of 398 
such individual shall not be deemed to be associated with a not-for-399 
profit entity solely by virtue of the fact that such individual or 400 
immediate family member is an unpaid director or officer of the not-401 
for-profit entity. ["Officer" refers only to] "Business with which the 402 
person is associated" also includes a second business held by the 403 
business with which the person is associated, if the business with 404 
which the person is associated is a director, officer, owner, limited or 405 
general partner, beneficiary of a trust or holder of stock constituting 406 
five per cent or more of the total outstanding stock of any class of such 407 
second business. For the purposes of this subdivision, "officer" means 408 
the president, executive or senior vice president or treasurer of such 409 
business or any person who exercises exclusive control over such 410 
business. 411 
Sec. 6. Section 1-85 of the general statutes is repealed and the 412 
following is substituted in lieu thereof (Effective October 1, 2019): 413  Substitute Bill No. 7328 
 
 
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A public official, including an elected state official, or state 414 
employee has an interest which is in substantial conflict with the 415 
proper discharge of his or her duties or employment in the public 416 
interest and of his or her responsibilities as prescribed in the laws of 417 
this state, if [he] such official or employee has reason to believe or 418 
expect that [he, his] such official or employee, such official's or 419 
employee's spouse, [a] dependent child, or a business with which [he] 420 
the person is associated will derive a direct monetary gain or suffer a 421 
direct monetary loss, as the case may be, by reason of his or her official 422 
activity. A public official, including an elected state official, or state 423 
employee does not have an interest which is in substantial conflict 424 
with the proper discharge of his or her duties in the public interest and 425 
of his or her responsibilities as prescribed by the laws of this state, if 426 
any benefit or detriment accrues to [him, his] such official or employee, 427 
such official's or employee's spouse, [a] dependent child, or a business 428 
with which [he, his] such official or employee, such official's or 429 
employee's spouse or such dependent child is associated as a member 430 
of a profession, occupation or group to no greater extent than any 431 
other member of such profession, occupation or group. A public 432 
official, including an elected state official or state employee who has a 433 
substantial conflict may not take official action on the matter.  434 
Sec. 7. Subsection (j) of section 4e-2 of the general statutes is 435 
repealed and the following is substituted in lieu thereof (Effective 436 
October 1, 2019): 437 
(j) No employee of the State Contracting Standards Board shall hold 438 
another state or municipal position. No nonclerical employee of the 439 
board or any spouse, child, stepchild, parent or sibling of such 440 
employee, shall be associated with an enterprise that does business 441 
with the state. For purposes of this subsection, "associated with" means 442 
["business with which he is associated"] "business with which the 443 
person is associated", as defined in section 1-79, as amended by this 444 
act. Each member and employee of the State Contracting Standards 445 
Board shall file, with the board and with the Office of State Ethics, a 446  Substitute Bill No. 7328 
 
 
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statement of financial interests, as described in section 1-83. Such 447 
statement shall be a public record. Such statements for the preceding 448 
calendar year shall be filed with the Office of State Ethics, as required 449 
by law, if such employee or member held such a position during the 450 
preceding calendar year. 451 
Sec. 8. Subsection (b) of section 7-148h of the general statutes is 452 
repealed and the following is substituted in lieu thereof (Effective 453 
October 1, 2019): 454 
(b) Notwithstanding the provisions of any special act, municipal 455 
charter or ordinance, [to the contrary,] an elected official of any town, 456 
city, district or borough that has established a board, commission, 457 
council, committee or other agency under subsection (a) of this section, 458 
has an interest that is in substantial conflict with the proper discharge 459 
of the official's duties or employment in the public interest and of the 460 
official's responsibilities as prescribed by the laws of this state, if the 461 
official has reason to believe or expect that the official, the official's 462 
spouse or dependent child, or a business with which [he] the person is 463 
associated, as defined in section 1-79, as amended by this act, will 464 
derive a direct monetary gain or suffer a direct monetary loss, as the 465 
case may be, by reason of the official's official activity. Any such 466 
elected official does not have an interest that is in substantial conflict 467 
with the proper discharge of the official's duties in the public interest 468 
and of the official's responsibilities as prescribed by the laws of this 469 
state, if any benefit or detriment accrues to the official, the official's 470 
spouse or dependent child, or a business with which [he, his] such 471 
official or such official's spouse or such dependent child is associated 472 
as a member of a profession, occupation or group to no greater extent 473 
than to any other member of such profession, occupation or group. 474 
Any such elected official who has a substantial conflict may not take 475 
official action on the matter.  476 
This act shall take effect as follows and shall amend the following 
sections: 
  Substitute Bill No. 7328 
 
 
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Section 1 October 1, 2019 1-79(2) 
Sec. 2 October 1, 2019 1-79(11) 
Sec. 3 October 1, 2019 1-84 
Sec. 4 October 1, 2019 1-91(16) 
Sec. 5 October 1, 2019 1-101mm(1) 
Sec. 6 October 1, 2019 1-85 
Sec. 7 October 1, 2019 4e-2(j) 
Sec. 8 October 1, 2019 7-148h(b) 
 
Statement of Legislative Commissioners:   
In Section 3(b), "his or her" was changed to "[his] such official's or state 
employee's" and in section 3(f), "his or her" was changed to "[his] such 
official's, employee's or candidate's" for consistency. 
 
GAE Joint Favorable Subst. -LCO