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General Assembly Substitute Bill No. 1038
January Session, 2019
AN ACT CONCERNING CO NFLICTS OF INTEREST DUE TO AN
EMPLOYER OTHER THAN THE STATE UNDER THE STATE CODE OF
ETHICS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 1-85 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
(a) A public official, including an elected state official, or state 3
employee has an interest which is in substantial conflict with the 4
proper discharge of his or her duties or employment in the public 5
interest and of his or her responsibilities as prescribed in the laws of 6
this state, if [he] such official or employee has reason to believe or 7
expect that [he, his] such official or employee or such official's or 8
employee's spouse, [a] dependent child, employer other than the state, 9
spouse's employer or a business with which [he] such official or 10
employee or such official's or employee's spouse or dependent child is 11
associated will derive a direct monetary gain or suffer a direct 12
monetary loss, as the case may be, by reason of his or her official 13
activity. A public official, including an elected state official, or state 14
employee does not have an interest which is in substantial conflict 15
with the proper discharge of his or her duties in the public interest and 16
of his or her responsibilities as prescribed by the laws of this state, if 17
any benefit or detriment accrues to [him, his] such official or employee 18 Substitute Bill No. 1038
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or such official's or employee's spouse, [a] dependent child, employer 19
other than the state, spouse's employer or a business with which [he, 20
his] such official or employee or such official's or employee's spouse or 21
[such] dependent child is associated as a member of a profession, 22
occupation or group to no greater extent than any other member of 23
such profession, occupation or group. [A] Except as provided in 24
subsection (b) of this section, a public official, including an elected 25
state official, or state employee who has a substantial conflict may not 26
take official action on the matter. 27
(b) If an elected state official has a substantial conflict regarding a 28
matter that concerns a direct monetary gain or direct monetary loss for 29
the other employer of such official or the employer of such official's 30
spouse, such official shall either excuse himself or herself from the 31
matter or, prior to taking official action on the matter, prepare a 32
written statement signed under penalty of false statement describing 33
the matter requiring action, the nature of the conflict and explaining 34
why, despite the conflict, such official is able to vote or otherwise 35
participate fairly, objectively and in the public interest in such matter. 36
Such official shall submit a copy of such statement to the Office of State 37
Ethics and enter a copy of the statement in the journal or minutes of 38
the state agency to which such official has been elected, or, if such 39
agency does not have a journal or minutes, submit the copy to such 40
agency. 41
Sec. 2. Subsection (a) of section 1-86 of the general statutes is 42
repealed and the following is substituted in lieu thereof (Effective 43
October 1, 2019): 44
(a) Any public official or state employee, other than an elected state 45
official, who, in the discharge of such official's or employee's official 46
duties, would be required to take an action that would affect a 47
financial interest of such official or employee, such official's or 48
employee's spouse, parent, brother, sister, child, [or the] child's spouse, 49
[of a child] employer other than the state, employer of the official's or 50
employee's spouse or a business with which such official or employee 51 Substitute Bill No. 1038
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is associated, other than an interest of a de minimis nature, an interest 52
that is not distinct from that of a substantial segment of the general 53
public or an interest in substantial conflict with the performance of 54
official duties as defined in section 1-85, as amended by this act, has a 55
potential conflict of interest. Under such circumstances, such official or 56
employee shall, if such official or employee is a member of a state 57
regulatory agency, either excuse himself or herself from the matter or, 58
prior to taking official action on the matter, prepare a written 59
statement signed under penalty of false statement describing the 60
matter requiring action and the nature of the potential conflict and 61
explaining why despite the potential conflict, such official or employee 62
is able to vote and otherwise participate fairly, objectively and in the 63
public interest. Such public official or state employee shall [deliver] 64
submit a copy of the statement to the Office of State Ethics and enter a 65
copy of the statement in the journal or minutes of the agency or, if such 66
agency does not have a journal or minutes, submit the copy to such 67
agency. If such official or employee is not a member of a state 68
regulatory agency, such official or employee shall, in the case of either 69
a substantial or potential conflict, prepare a written statement signed 70
under penalty of false statement describing the matter requiring action 71
and the nature of the conflict and deliver a copy of the statement to 72
such official's or employee's immediate superior, if any, who shall 73
assign the matter to another employee, or if such official or employee 74
has no immediate superior, such official or employee shall take such 75
steps as the Office of State Ethics shall prescribe or advise. 76
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 1-85
Sec. 2 October 1, 2019 1-86(a)
Statement of Legislative Commissioners:
In Section 2(a) "spouse of a child" was changed to "child's spouse" for
clarity and consistency.
Substitute Bill No. 1038
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GAE Joint Favorable Subst. -LCO