Connecticut 2019 Regular Session

Connecticut Senate Bill SB01038 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 1038
	5	+	General Assembly Raised Bill No. 1038
8	6		January Session, 2019
	7	+	LCO No. 4891
9	8
	9	+
	10	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	11	+	AND ELECTIONS
	12	+
	13	+
	14	+	Introduced by:
	15	+	(GAE)
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14	20		AN ACT CONCERNING CO NFLICTS OF INTEREST DUE TO AN
15	21		EMPLOYER OTHER THAN THE STATE UNDER THE STATE CODE OF
16	22		ETHICS.
17	23		Be it enacted by the Senate and House of Representatives in General
18	24		Assembly convened:
19	25
20	26		Section 1. Section 1-85 of the general statutes is repealed and the 1
21	27		following is substituted in lieu thereof (Effective October 1, 2019): 2
22	28		(a) A public official, including an elected state official, or state 3
23	29		employee has an interest which is in substantial conflict with the 4
24	30		proper discharge of his or her duties or employment in the public 5
25	31		interest and of his or her responsibilities as prescribed in the laws of 6
26	32		this state, if [he] such official or employee has reason to believe or 7
27	33		expect that [he, his] such official or employee or such official's or 8
28	34		employee's spouse, [a] dependent child, employer other than the state, 9
29	35		spouse's employer or a business with which [he] such official or 10
30	36		employee or such official's or employee's spouse or dependent child is 11
31	37		associated will derive a direct monetary gain or suffer a direct 12
32		-	monetary loss, as the case may be, by reason of his or her official 13
	38	+	monetary loss, as the case may be, by reason of his or her official 13 Raised Bill No. 1038
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	40	+
	41	+
	42	+	LCO No. 4891 2 of 4
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33	44		activity. A public official, including an elected state official, or state 14
34	45		employee does not have an interest which is in substantial conflict 15
35	46		with the proper discharge of his or her duties in the public interest and 16
36	47		of his or her responsibilities as prescribed by the laws of this state, if 17
37		-	any benefit or detriment accrues to [him, his] such official or employee 18 Substitute Bill No. 1038
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	48	+	any benefit or detriment accrues to [him, his] such official or employee 18
44	49		or such official's or employee's spouse, [a] dependent child, employer 19
45	50		other than the state, spouse's employer or a business with which [he, 20
46	51		his] such official or employee or such official's or employee's spouse or 21
47	52		[such] dependent child is associated as a member of a profession, 22
48	53		occupation or group to no greater extent than any other member of 23
49	54		such profession, occupation or group. [A] Except as provided in 24
50	55		subsection (b) of this section, a public official, including an elected 25
51	56		state official, or state employee who has a substantial conflict may not 26
52	57		take official action on the matter. 27
53	58		(b) If an elected state official has a substantial conflict regarding a 28
54	59		matter that concerns a direct monetary gain or direct monetary loss for 29
55	60		the other employer of such official or the employer of such official's 30
56	61		spouse, such official shall either excuse himself or herself from the 31
57	62		matter or, prior to taking official action on the matter, prepare a 32
58	63		written statement signed under penalty of false statement describing 33
59	64		the matter requiring action, the nature of the conflict and explaining 34
60	65		why, despite the conflict, such official is able to vote or otherwise 35
61	66		participate fairly, objectively and in the public interest in such matter. 36
62	67		Such official shall submit a copy of such statement to the Office of State 37
63	68		Ethics and enter a copy of the statement in the journal or minutes of 38
64	69		the state agency to which such official has been elected, or, if such 39
65	70		agency does not have a journal or minutes, submit the copy to such 40
66	71		agency. 41
67	72		Sec. 2. Subsection (a) of section 1-86 of the general statutes is 42
68	73		repealed and the following is substituted in lieu thereof (Effective 43
69	74		October 1, 2019): 44
70	75		(a) Any public official or state employee, other than an elected state 45
71		-	official, who, in the discharge of such official's or employee's official 46
	76	+	official, who, in the discharge of such official's or employee's official 46 Raised Bill No. 1038
	77	+
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	79	+
	80	+	LCO No. 4891 3 of 4
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72	82		duties, would be required to take an action that would affect a 47
73	83		financial interest of such official or employee, such official's or 48
74		-	employee's spouse, parent, brother, sister, child, [or the] child's spouse, 49
75		-	[of a child] employer other than the state, employer of the official's or 50
76		-	employee's spouse or a business with which such official or employee 51 Substitute Bill No. 1038
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	84	+	employee's spouse, parent, brother, sister, child, [or] the spouse of a 49
	85	+	child, employer other than the state, employer of the official's or 50
	86	+	employee's spouse or a business with which such official or employee 51
83	87		is associated, other than an interest of a de minimis nature, an interest 52
84	88		that is not distinct from that of a substantial segment of the general 53
85	89		public or an interest in substantial conflict with the performance of 54
86	90		official duties as defined in section 1-85, as amended by this act, has a 55
87	91		potential conflict of interest. Under such circumstances, such official or 56
88	92		employee shall, if such official or employee is a member of a state 57
89	93		regulatory agency, either excuse himself or herself from the matter or, 58
90	94		prior to taking official action on the matter, prepare a written 59
91	95		statement signed under penalty of false statement describing the 60
92	96		matter requiring action and the nature of the potential conflict and 61
93	97		explaining why despite the potential conflict, such official or employee 62
94	98		is able to vote and otherwise participate fairly, objectively and in the 63
95	99		public interest. Such public official or state employee shall [deliver] 64
96	100		submit a copy of the statement to the Office of State Ethics and enter a 65
97	101		copy of the statement in the journal or minutes of the agency or, if such 66
98	102		agency does not have a journal or minutes, submit the copy to such 67
99	103		agency. If such official or employee is not a member of a state 68
100	104		regulatory agency, such official or employee shall, in the case of either 69
101	105		a substantial or potential conflict, prepare a written statement signed 70
102	106		under penalty of false statement describing the matter requiring action 71
103	107		and the nature of the conflict and deliver a copy of the statement to 72
104	108		such official's or employee's immediate superior, if any, who shall 73
105	109		assign the matter to another employee, or if such official or employee 74
106	110		has no immediate superior, such official or employee shall take such 75
107	111		steps as the Office of State Ethics shall prescribe or advise. 76
108	112		This act shall take effect as follows and shall amend the following
109	113		sections:
110	114
111	115		Section 1 October 1, 2019 1-85
112		-	Sec. 2 October 1, 2019 1-86(a)
113		-
114		-	Statement of Legislative Commissioners:
115		-	In Section 2(a) "spouse of a child" was changed to "child's spouse" for
116		-	clarity and consistency.
117		-
118		-	Substitute Bill No. 1038
	116	+	Sec. 2 October 1, 2019 1-86(a) Raised Bill No. 1038
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126		-	GAE Joint Favorable Subst. -LCO
	123	+	Statement of Purpose:
	124	+	To apply substantial conflict of interest provisions in the state code of
	125	+	ethics for public officials and state employees to conflicts involving the
	126	+	public official's or state employee's nonstate employer or spouse's
	127	+	employer.
	128	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	129	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	130	+	not underlined.]
127	131