Connecticut 2020 Regular Session

Connecticut Senate Bill SB00483 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 1570 1 of 16
4	4
5	5	General Assembly Raised Bill No. 483
6	6	February Session, 2020
7	7	LCO No. 1570
8	8
9	9
10	10	Referred to Committee on GOVERNMENT ADMINISTRATION
11	11	AND ELECTIONS
12	12
13	13
14	14	Introduced by:
15	15	(GAE)
16	16
17	17
18	18
19	19
20	20	AN ACT CONCERNING RE VISIONS TO THE STATE CODES OF
21	21	ETHICS.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Subdivision (5) of section 1-79 of the 2020 supplement to 1
26	26	the general statutes is repealed and the following is substituted in lieu 2
27	27	thereof (Effective October 1, 2020): 3
28	28	(5) "Gift" means anything of value, which is directly and personally 4
29	29	received, unless consideration of equal or greater value is given in 5
30	30	return. "Gift" does not include: 6
31	31	(A) A political contribution otherwise reported as required by law or 7
32	32	a donation or payment as described in subdivision (9) or (10) of 8
33	33	subsection (b) of section 9-601a; 9
34	34	(B) Services provided by persons volunteering their time, if provided 10
35	35	to aid or promote the success or defeat of any political party, any 11
36	36	candidate or candidates for public office or the position of convention 12
37	37	delegate or town committee member or any referendum question; 13 Raised Bill No. 483
38	38
39	39
40	40
41	41	LCO No. 1570 2 of 16
42	42
43	43	(C) A commercially reasonable loan made on terms not more 14
44	44	favorable than loans made in the ordinary course of business; 15
45	45	(D) A gift received from (i) an individual's spouse, [fiance or fiancee] 16
46	46	fiancé or fiancée, (ii) the parent, grandparent, brother or sister of such 17
47	47	spouse or such individual, or (iii) the child of such individual or the 18
48	48	spouse of such child; 19
49	49	(E) Goods or services (i) that are provided to a state agency or quasi-20
50	50	public agency (I) for use on state or quasi-public agency property, or (II) 21
51	51	that support an event or the participation by a public official or state 22
52	52	employee at an event, and (ii) that facilitate state or quasi-public agency 23
53	53	action or functions. As used in this subparagraph, "state property" 24
54	54	means property owned by the state or a quasi-public agency or property 25
55	55	leased to a state agency or quasi-public agency; 26
56	56	(F) A certificate, plaque or other ceremonial award costing less than 27
57	57	one hundred dollars; 28
58	58	(G) A rebate, discount or promotional item available to the general 29
59	59	public; 30
60	60	(H) Printed or recorded informational material germane to state 31
61	61	action or functions; 32
62	62	(I) Food or beverage or both, costing less than fifty dollars in the 33
63	63	aggregate per recipient in a calendar year, and consumed on an occasion 34
64	64	or occasions at which the person paying, directly or indirectly, for the 35
65	65	food or beverage, or his representative, is in attendance; 36
66	66	(J) Food or beverage or both, costing less than fifty dollars per person 37
67	67	and consumed at a publicly noticed legislative reception to which all 38
68	68	members of the General Assembly are invited and which is hosted not 39
69	69	more than once in any calendar year by a lobbyist or business 40
70	70	organization. For the purposes of such limit, (i) a reception hosted by a 41
71	71	lobbyist who is an individual shall be deemed to have also been hosted 42
72	72	by the business organization which such lobbyist owns or is employed 43 Raised Bill No. 483
73	73
74	74
75	75
76	76	LCO No. 1570 3 of 16
77	77
78	78	by, and (ii) a reception hosted by a business organization shall be 44
79	79	deemed to have also been hosted by all owners and employees of the 45
80	80	business organization who are lobbyists. In making the calculation for 46
81	81	the purposes of such fifty-dollar limit, the donor shall divide the amount 47
82	82	spent on food and beverage by the number of persons whom the donor 48
83	83	reasonably expects to attend the reception; 49
84	84	(K) Food or beverage or both, costing less than fifty dollars per person 50
85	85	and consumed at a publicly noticed reception to which all members of 51
86	86	the General Assembly from a region of the state are invited and which 52
87	87	is hosted not more than once in any calendar year by a lobbyist or 53
88	88	business organization. For the purposes of such limit, (i) a reception 54
89	89	hosted by a lobbyist who is an individual shall be deemed to have also 55
90	90	been hosted by the business organization which such lobbyist owns or 56
91	91	is employed by, and (ii) a reception hosted by a business organization 57
92	92	shall be deemed to have also been hosted by all owners and employees 58
93	93	of the business organization who are lobbyists. In making the 59
94	94	calculation for the purposes of such fifty-dollar limit, the donor shall 60
95	95	divide the amount spent on food and beverage by the number of 61
96	96	persons whom the donor reasonably expects to attend the reception. As 62
97	97	used in this subparagraph, "region of the state" means the established 63
98	98	geographic service area of the organization hosting the reception; 64
99	99	(L) A gift, including, but not limited to, food or beverage or both, 65
100	100	provided by an individual for the celebration of a major life event, 66
101	101	provided any such gift provided by an individual who is not a member 67
102	102	of the family of the recipient does not exceed one thousand dollars in 68
103	103	value; 69
104	104	(M) Gifts costing less than one hundred dollars in the aggregate or 70
105	105	food or beverage provided at a hospitality suite at a meeting or 71
106	106	conference of an interstate legislative association, by a person who is not 72
107	107	a registrant or is not doing business with the state of Connecticut; 73
108	108	(N) Admission to a charitable or civic event, including food and 74
109	109	beverage provided at such event, but excluding lodging or travel 75 Raised Bill No. 483
110	110
111	111
112	112
113	113	LCO No. 1570 4 of 16
114	114
115	115	expenses, at which a public official or state employee participates in his 76
116	116	or her official capacity, provided such admission is provided by the 77
117	117	primary sponsoring entity; 78
118	118	(O) Anything of value provided by an employer of (i) a public official, 79
119	119	(ii) a state employee, or (iii) a spouse of a public official or state 80
120	120	employee, to such official, employee or spouse, provided such benefits 81
121	121	are customarily and ordinarily provided to others in similar 82
122	122	circumstances; 83
123	123	(P) Anything having a value of not more than ten dollars, provided 84
124	124	the aggregate value of all things provided by a donor to a recipient 85
125	125	under this subdivision in any calendar year does not exceed fifty dollars; 86
126	126	(Q) Training that is provided by a vendor for a product purchased by 87
127	127	a state or quasi-public agency that is offered to all customers of such 88
128	128	vendor; 89
129	129	(R) Travel expenses, lodging, food, beverage and other benefits 90
130	130	customarily provided by a prospective employer, when provided to a 91
131	131	student at a public institution of higher education whose employment 92
132	132	is derived from such student's status as a student at such institution, in 93
133	133	connection with bona fide employment discussions; or 94
134	134	(S) Expenses of a public official, paid by the party committee of which 95
135	135	party such official is a member, for the purpose of accomplishing the 96
136	136	lawful purposes of the committee. As used in this subparagraph, "party 97
137	137	committee" has the same meaning as provided in subdivision (2) of 98
138	138	section 9-601 and "lawful purposes of the committee" has the same 99
139	139	meaning as provided in subsection (g) of section 9-607. 100
140	140	Sec. 2. Section 1-79 of the 2020 supplement to the general statutes is 101
141	141	amended by adding subdivision (21) as follows (Effective October 1, 102
142	142	2020): 103
143	143	(NEW) (21) "Confidential information" means any information in the 104
144	144	possession of the state, a state employee or a public official, whatever its 105 Raised Bill No. 483
145	145
146	146
147	147
148	148	LCO No. 1570 5 of 16
149	149
150	150	form, which (A) is required not to be disclosed to the general public (i) 106
151	151	under any state or federal statute, regulation, policy or provision, or (ii) 107
152	152	pursuant to a state contract or the order of any court of competent 108
153	153	jurisdiction; or (B) falls within a category of permissibly nondisclosable 109
154	154	information under the Freedom of Information Act, as defined in section 110
155	155	1-200, and which the appropriate agency, state employee or public 111
156	156	official has decided not to disclose to the general public. 112
157	157	Sec. 3. Subsection (c) of section 1-81 of the general statutes is repealed 113
158	158	and the following is substituted in lieu thereof (Effective October 1, 2020): 114
159	159	(c) The Office of State Ethics shall employ an executive director, 115
160	160	general counsel and ethics enforcement officer, each of whom shall be 116
161	161	exempt from classified state service. The ethics enforcement officer shall 117
162	162	be a member of the bar of this state. The salary for the executive director, 118
163	163	general counsel and the ethics enforcement officer shall be determined 119
164	164	by the Commissioner of Administrative Services in accordance with 120
165	165	accepted personnel practices. No one person may serve in more than 121
166	166	one of the positions described in this subsection. The Office of State 122
167	167	Ethics may employ necessary staff within available appropriations. 123
168	168	Such necessary staff of the Office of State Ethics shall be in classified 124
169	169	state service. 125
170	170	Sec. 4. Subsection (g) of section 1-81 of the general statutes is repealed 126
171	171	and the following is substituted in lieu thereof (Effective October 1, 2020): 127
172	172	(g) There shall be an enforcement division within the Office of State 128
173	173	Ethics. The enforcement division shall be responsible for investigating 129
174	174	complaints brought to or by the board. The ethics enforcement officer, 130
175	175	described in subsection (c) of this section, shall supervise the 131
176	176	enforcement division. The ethics enforcement officer may represent the 132
177	177	Office of State Ethics before the Superior Court in any appeal of any 133
178	178	ruling or finding pursuant to, or any matter arising under, section 1-82, 134
179	179	1-93, as amended by this act, or 1-101nn, provided the board is not a 135
180	180	party in such appeal. The enforcement division shall employ such 136
181	181	attorneys and investigators, as necessary, within available 137 Raised Bill No. 483
182	182
183	183
184	184
185	185	LCO No. 1570 6 of 16
186	186
187	187	appropriations, and may refer matters to the office of the Chief State's 138
188	188	Attorney, as appropriate. 139
189	189	Sec. 5. Subsection (b) of section 1-82 of the general statutes is repealed 140
190	190	and the following is substituted in lieu thereof (Effective October 1, 2020): 141
191	191	(b) If a judge trial referee determines that probable cause exists for 142
192	192	the violation of a provision of this part, section 1-101bb or section 1-143
193	193	101nn, the board shall initiate hearings to determine whether there has 144
194	194	been a violation of this part, section 1-101bb or section 1-101nn. Any 145
195	195	such hearing shall be initiated by the board not later than thirty days 146
196	196	after the finding of probable cause by a judge trial referee and shall be 147
197	197	concluded not later than ninety days after its initiation, except that such 148
198	198	thirty or ninety-day limitation period shall not apply if the judge trial 149
199	199	referee determines that good cause exists for extending such limitation 150
200	200	period. A judge trial referee, who has not taken part in the probable 151
201	201	cause determination on the matter shall be assigned by the Chief Court 152
202	202	Administrator and shall be compensated in accordance with section 52-153
203	203	434 out of funds available to the Office of State Ethics. Such judge trial 154
204	204	referee shall preside over such hearing and rule on all issues concerning 155
205	205	the application of the rules of evidence, which shall be the same as in 156
206	206	judicial proceedings. The judge trial referee shall have no vote in any 157
207	207	decision of the board. All hearings of the board held pursuant to this 158
208	208	subsection shall be open. At such hearing the board shall have the same 159
209	209	powers as the Office of State Ethics under subsection (a) of this section 160
210	210	and the respondent shall have the right to be represented by legal 161
211	211	counsel, to compel attendance of witnesses and the production of books, 162
212	212	documents, records and papers and to examine and cross-examine 163
213	213	witnesses. Not later than ten days prior to the commencement of any 164
214	214	hearing conducted pursuant to this subsection, the Office of State Ethics 165
215	215	shall provide the respondent with a list of its intended witnesses. The 166
216	216	judge trial referee shall, while engaged in the discharge of the duties as 167
217	217	provided in this subsection, have the same authority as is provided in 168
218	218	section 51-35 over witnesses who refuse to obey a subpoena or to testify 169
219	219	with respect to any matter upon which such witness may be lawfully 170
220	220	interrogated, and may commit any such witness for contempt for a 171 Raised Bill No. 483
221	221
222	222
223	223
224	224	LCO No. 1570 7 of 16
225	225
226	226	period no longer than thirty days. The Office of State Ethics shall make 172
227	227	a record of all proceedings pursuant to this subsection. During the 173
228	228	course of any such hearing, no ex-parte communication shall occur 174
229	229	between the board, or any of its members, and: (1) The judge trial 175
230	230	referee, or (2) any staff member of the Enforcement Division of the Office 176
231	231	of State Ethics, concerning the complaint or the respondent. The board 177
232	232	shall find no person in violation of any provision of this part, section 1-178
233	233	101bb or section 1-101nn except upon the concurring vote of two-thirds 179
234	234	of its members present and voting. No member of the board shall vote 180
235	235	on the question of whether a violation of any provision of this part has 181
236	236	occurred unless such member was physically present for the duration 182
237	237	of any hearing held pursuant to this subsection. Not later than [fifteen] 183
238	238	forty-five days after the public hearing conducted in accordance with 184
239	239	this subsection, the board shall publish its finding and a memorandum 185
240	240	of the reasons therefor. Such finding and memorandum shall be deemed 186
241	241	to be the final decision of the board on the matter for the purposes of 187
242	242	chapter 54. The respondent, if aggrieved by the finding and 188
243	243	memorandum, may appeal therefrom to the Superior Court in 189
244	244	accordance with the provisions of section 4-183. 190
245	245	Sec. 6. Subsection (i) of section 1-84 of the general statutes is repealed 191
246	246	and the following is substituted in lieu thereof (Effective October 1, 2020): 192
247	247	(i) (1) No public official or state employee or member of the official 193
248	248	or employee's immediate family or a business with which [he] such 194
249	249	person is associated shall enter into any contract with the state or a 195
250	250	quasi-public agency, valued at one hundred dollars or more, other than 196
251	251	a contract (A) of employment as a state employee, (B) with the Technical 197
252	252	Education and Career System for students enrolled in a school in the 198
253	253	system to perform services in conjunction with vocational, technical, 199
254	254	technological or postsecondary education and training any such student 200
255	255	is receiving at a school in the system, subject to the review process under 201
256	256	subdivision (2) of this subsection, (C) with a public institution of higher 202
257	257	education to support a collaboration with such institution to develop 203
258	258	and commercialize any invention or discovery, or (D) pursuant to a 204
259	259	court appointment, unless the contract has been awarded through an 205 Raised Bill No. 483
260	260
261	261
262	262
263	263	LCO No. 1570 8 of 16
264	264
265	265	open and public process, including prior public offer and subsequent 206
266	266	public disclosure of all proposals considered and the contract awarded. 207
267	267	In no event shall an executive head of an agency, as defined in section 208
268	268	4-166, including a commissioner of a department, or an executive head 209
269	269	of a quasi-public agency, as defined in section 1-79, as amended by this 210
270	270	act, or the executive head's immediate family or a business with which 211
271	271	[he] such person is associated enter into any contract with [that] such 212
272	272	agency or quasi-public agency. Nothing in this subsection shall be 213
273	273	construed as applying to any public official who is appointed as a 214
274	274	member of the executive branch or as a member or director of a quasi-215
275	275	public agency and who receives no compensation other than per diem 216
276	276	payments or reimbursement for actual or necessary expenses, or both, 217
277	277	incurred in the performance of the public official's duties unless such 218
278	278	public official has authority or control over the subject matter of the 219
279	279	contract. Any contract made in violation of this subsection shall be 220
280	280	voidable by a court of competent jurisdiction if the suit is commenced 221
281	281	not later than one hundred eighty days after the making of the contract. 222
282	282	(2) The superintendent of the Technical Education and Career System 223
283	283	shall establish an open and transparent process to review any contract 224
284	284	entered into under subparagraph (B) of subdivision (1) of this 225
285	285	subsection. 226
286	286	Sec. 7. Subdivision (2) of section 1-79 of the 2020 supplement to the 227
287	287	general statutes is repealed and the following is substituted in lieu 228
288	288	thereof (Effective October 1, 2020): 229
289	289	(2) "Business with which he is associated" or "business with which 230
290	290	such person is associated" means any sole proprietorship, partnership, 231
291	291	firm, corporation, trust or other entity through which business for profit 232
292	292	or not for profit is conducted in which the public official or state 233
293	293	employee or member of his or her immediate family is a director, officer, 234
294	294	owner, limited or general partner, beneficiary of a trust or holder of 235
295	295	stock constituting five per cent or more of the total outstanding stock of 236
296	296	any class, provided, a public official or state employee, or member of his 237
297	297	or her immediate family, shall not be deemed to be associated with a not 238 Raised Bill No. 483
298	298
299	299
300	300
301	301	LCO No. 1570 9 of 16
302	302
303	303	for profit entity solely by virtue of the fact that the public official or state 239
304	304	employee or member of his or her immediate family is an unpaid 240
305	305	director or officer of the not for profit entity. "Officer" refers only to the 241
306	306	president, executive or senior vice president or treasurer of such 242
307	307	business. 243
308	308	Sec. 8. Subsection (o) of section 1-84 of the general statutes is repealed 244
309	309	and the following is substituted in lieu thereof (Effective October 1, 2020): 245
310	310	(o) If (1) any person (A) is doing business with or seeking to do 246
311	311	business with the department or agency in which a public official or 247
312	312	state employee is employed, or (B) is engaged in activities which are 248
313	313	directly regulated by such department or agency, and (2) such person or 249
314	314	a representative of such person gives to such public official or state 250
315	315	employee anything [of value which is subject to the reporting 251
316	316	requirements pursuant to subsection (e) of section 1-96] having a value 252
317	317	of more than ten dollars, such person or representative shall, not later 253
318	318	than ten days thereafter, give such recipient and the executive head of 254
319	319	the recipient's department or agency a written report stating the name 255
320	320	of the donor, a description of the item or items given, the value of such 256
321	321	items and the cumulative value of all items given to such recipient 257
322	322	during that calendar year. The provisions of this subsection shall not 258
323	323	apply to a political contribution otherwise reported as required by law. 259
324	324	Sec. 9. Section 1-86e of the general statutes is repealed and the 260
325	325	following is substituted in lieu thereof (Effective October 1, 2020): 261
326	326	(a) No person hired by the state or a quasi-public agency as a 262
327	327	consultant or independent contractor, and no person employed by such 263
328	328	consultant or independent contractor, shall: 264
329	329	(1) Use the authority provided [to the person] under the contract, or 265
330	330	any confidential information acquired in the performance of the 266
331	331	contract, to obtain financial gain for the [person] consultant or 267
332	332	independent contractor, an employee of the [person] consultant or 268
333	333	independent contractor or a member of the immediate family of any 269
334	334	such [person] consultant, independent contractor or employee; 270 Raised Bill No. 483
335	335
336	336
337	337
338	338	LCO No. 1570 10 of 16
339	339
340	340	(2) Accept another state or quasi-public agency contract which would 271
341	341	impair the independent judgment of the [person] consultant, 272
342	342	independent contractor or employee in the performance of the existing 273
343	343	contract; or 274
344	344	(3) Accept anything of value based on an understanding that the 275
345	345	actions of the [person] consultant, independent contractor or employee 276
346	346	on behalf of the state or quasi-public agency would be influenced. 277
347	347	(b) No person shall give anything of value to a person hired by the 278
348	348	state or a quasi-public agency as a consultant or independent contractor 279
349	349	or an employee of a consultant or independent contractor based on an 280
350	350	understanding that the actions of the consultant, [or] independent 281
351	351	contractor or employee on behalf of the state or quasi-public agency 282
352	352	would be influenced. 283
353	353	Sec. 10. Subsection (a) of section 1-90a of the general statutes is 284
354	354	repealed and the following is substituted in lieu thereof (Effective October 285
355	355	1, 2020): 286
356	356	(a) Notwithstanding the provisions of sections 1-84, as amended by 287
357	357	this act, 1-84a, 1-85 and 1-86, a public official or state employee of a 288
358	358	public institution of higher education whose employment is derived 289
359	359	from such official's or employee's status as a student at such institution 290
360	360	shall not be subject to the provisions of said sections, if (1) such 291
361	361	institution has adopted written policies and procedures to regulate 292
362	362	student conduct concerning conflicts of interest relating to student 293
363	363	holding of public office or state employment, and (2) such policies and 294
364	364	procedures have been approved by the Citizen's Ethics Advisory Board 295
365	365	in accordance with subsection (b) of this section. 296
366	366	Sec. 11. Subdivision (7) of section 1-91 of the general statutes is 297
367	367	repealed and the following is substituted in lieu thereof (Effective October 298
368	368	1, 2020): 299
369	369	(7) "Gift" means anything of value, which is directly and personally 300
370	370	received, unless consideration of equal or greater value is given in 301 Raised Bill No. 483
371	371
372	372
373	373
374	374	LCO No. 1570 11 of 16
375	375
376	376	return. "Gift" does not include: 302
377	377	(A) A political contribution otherwise reported as required by law or 303
378	378	a donation or payment described in subdivision (9) or (10) of subsection 304
379	379	(b) of section 9-601a; 305
380	380	(B) Services provided by persons volunteering their time, if provided 306
381	381	to aid or promote the success or defeat of any political party, any 307
382	382	candidate or candidates for public office or the position of convention 308
383	383	delegate or town committee member or any referendum question; 309
384	384	(C) A commercially reasonable loan made on terms not more 310
385	385	favorable than loans made in the ordinary course of business; 311
386	386	(D) A gift received from (i) the individual's spouse, fiancé or fiancée, 312
387	387	(ii) the parent, grandparent, brother or sister of such spouse or such 313
388	388	individual, or (iii) the child of such individual or the spouse of such 314
389	389	child; 315
390	390	(E) Goods or services (i) that are provided to a state agency or quasi-316
391	391	public agency (I) for use on state or quasi-public agency property, or (II) 317
392	392	that support an event or the participation by a public official or state 318
393	393	employee at an event, and (ii) that facilitate state or quasi-public agency 319
394	394	action or functions. As used in this subparagraph, "state property" 320
395	395	means property owned by the state or a quasi-public agency or property 321
396	396	leased to a state or quasi-public agency; 322
397	397	(F) A certificate, plaque or other ceremonial award costing less than 323
398	398	one hundred dollars; 324
399	399	(G) A rebate, discount or promotional item available to the general 325
400	400	public; 326
401	401	(H) Printed or recorded informational material germane to state 327
402	402	action or functions; 328
403	403	(I) Food or beverage or both, costing less than fifty dollars in the 329
404	404	aggregate per recipient in a calendar year, and consumed on an occasion 330 Raised Bill No. 483
405	405
406	406
407	407
408	408	LCO No. 1570 12 of 16
409	409
410	410	or occasions at which the person paying, directly or indirectly, for the 331
411	411	food or beverage, or his representative, is in attendance; 332
412	412	(J) Food or beverage or both, costing less than fifty dollars per person 333
413	413	and consumed at a publicly noticed legislative reception to which all 334
414	414	members of the General Assembly are invited and which is hosted not 335
415	415	more than once in any calendar year by a lobbyist or business 336
416	416	organization. For the purposes of such limit, (i) a reception hosted by a 337
417	417	lobbyist who is an individual shall be deemed to have also been hosted 338
418	418	by the business organization which he owns or is employed by, and (ii) 339
419	419	a reception hosted by a business organization shall be deemed to have 340
420	420	also been hosted by all owners and employees of the business 341
421	421	organization who are lobbyists. In making the calculation for the 342
422	422	purposes of such fifty-dollar limit, the donor shall divide the amount 343
423	423	spent on food and beverage by the number of persons whom the donor 344
424	424	reasonably expects to attend the reception; 345
425	425	(K) Food or beverage or both, costing less than fifty dollars per person 346
426	426	and consumed at a publicly noticed reception to which all members of 347
427	427	the General Assembly from a region of the state are invited and which 348
428	428	is hosted not more than once in any calendar year by a lobbyist or 349
429	429	business organization. For the purposes of such limit, (i) a reception 350
430	430	hosted by a lobbyist who is an individual shall be deemed to have also 351
431	431	been hosted by the business organization which he owns or is employed 352
432	432	by, and (ii) a reception hosted by a business organization shall be 353
433	433	deemed to have also been hosted by all owners and employees of the 354
434	434	business organization who are lobbyists. In making the calculation for 355
435	435	the purposes of such fifty-dollar limit, the donor shall divide the amount 356
436	436	spent on food and beverage by the number of persons whom the donor 357
437	437	reasonably expects to attend the reception. As used in this 358
438	438	subparagraph, "region of the state" means the established geographic 359
439	439	service area of the organization hosting the reception; 360
440	440	(L) A gift, including, but not limited to, food or beverage or both, 361
441	441	provided by an individual for the celebration of a major life event, 362
442	442	provided any such gift provided by an individual who is not a member 363 Raised Bill No. 483
443	443
444	444
445	445
446	446	LCO No. 1570 13 of 16
447	447
448	448	of the family of the recipient does not exceed one thousand dollars in 364
449	449	value; 365
450	450	(M) Gifts costing less than one hundred dollars in the aggregate or 366
451	451	food or beverage provided at a hospitality suite at a meeting or 367
452	452	conference of an interstate legislative association, by a person who is not 368
453	453	a registrant or is not doing business with the state of Connecticut; 369
454	454	(N) Admission to a charitable or civic event, including food and 370
455	455	beverage provided at such event, but excluding lodging or travel 371
456	456	expenses, at which a public official or state employee participates in his 372
457	457	or her official capacity, provided such admission is provided by the 373
458	458	primary sponsoring entity; 374
459	459	(O) Anything of value provided by an employer of (i) a public official, 375
460	460	(ii) a state employee, or (iii) a spouse of a public official or state 376
461	461	employee, to such official, employee or spouse, provided such benefits 377
462	462	are customarily and ordinarily provided to others in similar 378
463	463	circumstances; 379
464	464	(P) Anything having a value of not more than ten dollars, provided 380
465	465	the aggregate value of all things provided by a donor to a recipient 381
466	466	under this subdivision in any calendar year does not exceed fifty dollars; 382
467	467	or 383
468	468	(Q) Training that is provided by a vendor for a product purchased by 384
469	469	a state or quasi-public agency that is offered to all customers of such 385
470	470	vendor. 386
471	471	Sec. 12. Subsection (b) of section 1-93 of the general statutes is 387
472	472	repealed and the following is substituted in lieu thereof (Effective October 388
473	473	1, 2020): 389
474	474	(b) If a judge trial referee indicates that probable cause exists for the 390
475	475	violation of a provision of this part or section 1-101bb, the board shall 391
476	476	initiate hearings to determine whether there has been a violation of this 392
477	477	part or section 1-101bb. Any such hearing shall be initiated by the board 393 Raised Bill No. 483
478	478
479	479
480	480
481	481	LCO No. 1570 14 of 16
482	482
483	483	not later than thirty days after the finding of probable cause by a judge 394
484	484	trial referee and shall be concluded not later than ninety days after its 395
485	485	initiation, except that such thirty-day or ninety-day limitation period 396
486	486	shall not apply if the judge trial referee determines that good cause 397
487	487	exists for extending such limitation period. A judge trial referee, who 398
488	488	has not taken part in the probable cause determination on the matter 399
489	489	shall be assigned by the Chief Court Administrator and shall be 400
490	490	compensated in accordance with section 52-434 out of funds available to 401
491	491	the board. Such judge trial referee shall preside over such hearing and 402
492	492	rule on all issues concerning the application of the rules of evidence, 403
493	493	which shall be the same as in judicial proceedings. The judge trial referee 404
494	494	shall have no vote in any decision of the board. All hearings of the board 405
495	495	held pursuant to this subsection shall be open. At such hearing the 406
496	496	board shall have the same powers as the Office of State Ethics under 407
497	497	subsection (a) of this section and the respondent shall have the right to 408
498	498	be represented by legal counsel, to compel attendance of witnesses and 409
499	499	the production of books, documents, records and papers and to examine 410
500	500	and cross-examine witnesses. Not later than ten days prior to the 411
501	501	commencement of any hearing conducted pursuant to this subsection, 412
502	502	the Office of State Ethics shall provide the respondent with a list of its 413
503	503	intended witnesses. The judge trial referee shall, while engaged in the 414
504	504	discharge of the duties as provided in this subsection, have the same 415
505	505	authority as is provided in section 51-35 over witnesses who refuse to 416
506	506	obey a subpoena or to testify with respect to any matter upon which 417
507	507	such witness may be lawfully interrogated, and may commit any such 418
508	508	witness for contempt for a period no longer than thirty days. The Office 419
509	509	of State Ethics shall make a record of all proceedings pursuant to this 420
510	510	subsection. During the course of any such hearing, no ex-parte 421
511	511	communication shall occur between the board, or any of its members, 422
512	512	and: (1) The judge trial referee, or (2) any staff member of the 423
513	513	Enforcement Division of the Office of State Ethics, concerning the 424
514	514	complaint or the respondent. The board shall find no person in violation 425
515	515	of any provision of this part or section 1-101bb except upon the 426
516	516	concurring vote of two-thirds of its members present and voting. No 427
517	517	member of the board shall vote on the question of whether a violation 428 Raised Bill No. 483
518	518
519	519
520	520
521	521	LCO No. 1570 15 of 16
522	522
523	523	of any provision of this part or section 1-101bb has occurred unless such 429
524	524	member was physically present for the duration of any hearing held 430
525	525	pursuant to this subsection. Not later than [fifteen] forty-five days after 431
526	526	the public hearing conducted in accordance with this subsection, the 432
527	527	board shall publish its finding and a memorandum of the reasons 433
528	528	therefor. Such finding and memorandum shall be deemed to be the final 434
529	529	decision of the board on the matter for the purposes of chapter 54. The 435
530	530	respondent, if aggrieved by the finding and memorandum, may appeal 436
531	531	therefrom to the Superior Court in accordance with the provisions of 437
532	532	section 4-183. 438
533	533	Sec. 13. Sections 1-80b to 1-80d, inclusive, 1-82b and 1-89a of the 439
534	534	general statutes are repealed. (Effective October 1, 2020) 440
535	535	This act shall take effect as follows and shall amend the following
536	536	sections:
537	537
538	538	Section 1 October 1, 2020 1-79(5)
539	539	Sec. 2 October 1, 2020 1-79
540	540	Sec. 3 October 1, 2020 1-81(c)
541	541	Sec. 4 October 1, 2020 1-81(g)
542	542	Sec. 5 October 1, 2020 1-82(b)
543	543	Sec. 6 October 1, 2020 1-84(i)
544	544	Sec. 7 October 1, 2020 1-79(2)
545	545	Sec. 8 October 1, 2020 1-84(o)
546	546	Sec. 9 October 1, 2020 1-86e
547	547	Sec. 10 October 1, 2020 1-90a(a)
548	548	Sec. 11 October 1, 2020 1-91(7)
549	549	Sec. 12 October 1, 2020 1-93(b)
550	550	Sec. 13 October 1, 2020 Repealer section
551	551
552	552	Statement of Purpose:
553	553	To make revisions to the State Codes of Ethics concerning the scope of
554	554	gift prohibitions, reporting of gifts, authority of the ethics enforcement
555	555	officer, contracting with quasi-public agencies, activities involving
556	556	consultants and independent contractors, findings of ethics violations
557	557	and the repeal of certain provisions. Raised Bill No. 483
558	558
559	559
560	560
561	561	LCO No. 1570 16 of 16
562	562
563	563	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
564	564	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
565	565	underlined.]
566	566