Connecticut 2021 Regular Session

Connecticut House Bill HB06574 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+
	2	+
	3	+	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06574-R01-
	4	+	HB.docx
	5	+	1 of 18
	6	+
	7	+	General Assembly Substitute Bill No. 6574
	8	+	January Session, 2021
1	9
2	10
3	11
4		-	Substitute House Bill No. 6574
5		-
6		-	Public Act No. 21-164
7	12
8	13
9	14		AN ACT CONCERNING RE VISIONS TO THE STATE CODES OF
10	15		ETHICS.
11	16		Be it enacted by the Senate and House of Representatives in General
12	17		Assembly convened:
13	18
14		-	Section 1. Subdivision (5) of section 1-79 of the general statutes is
15		-	repealed and the following is substituted in lieu thereof (Effective October
16		-	1, 2021):
17		-	(5) "Gift" means anything of value, which is directly and personally
18		-	received, unless consideration of equal or greater value is given in
19		-	return. "Gift" does not include:
20		-	(A) A political contribution otherwise reported as required by law or
21		-	a donation or payment as described in subdivision (9) or (10) of
22		-	subsection (b) of section 9-601a;
23		-	(B) Services provided by persons volunteering their time, if provided
24		-	to aid or promote the success or defeat of any political party, any
25		-	candidate or candidates for public office or the position of convention
26		-	delegate or town committee member or any referendum question;
27		-	(C) A commercially reasonable loan made on terms not more
28		-	favorable than loans made in the ordinary course of business; Substitute House Bill No. 6574
	19	+	Section 1. Subdivision (5) of section 1-79 of the general statutes is 1
	20	+	repealed and the following is substituted in lieu thereof (Effective October 2
	21	+	1, 2021): 3
	22	+	(5) "Gift" means anything of value, which is directly and personally 4
	23	+	received, unless consideration of equal or greater value is given in 5
	24	+	return. "Gift" does not include: 6
	25	+	(A) A political contribution otherwise reported as required by law or 7
	26	+	a donation or payment as described in subdivision (9) or (10) of 8
	27	+	subsection (b) of section 9-601a; 9
	28	+	(B) Services provided by persons volunteering their time, if provided 10
	29	+	to aid or promote the success or defeat of any political party, any 11
	30	+	candidate or candidates for public office or the position of convention 12
	31	+	delegate or town committee member or any referendum question; 13
	32	+	(C) A commercially reasonable loan made on terms not more 14
	33	+	favorable than loans made in the ordinary course of business; 15
	34	+	(D) A gift received from (i) an individual's spouse, [fiance or fiancee] 16 Substitute Bill No. 6574
29	35
30		-	Public Act No. 21-164 2 of 19
31	36
32		-	(D) A gift received from (i) an individual's spouse, [fiance or fiancee]
33		-	fiancé or fiancée, (ii) the parent, grandparent, brother or sister of such
34		-	spouse or such individual, or (iii) the child of such individual or the
35		-	spouse of such child;
36		-	(E) Goods or services (i) that are provided to a state agency or quasi-
37		-	public agency (I) for use on state or quasi-public agency property, or (II)
38		-	that support an event or the participation by a public official or state
39		-	employee at an event, and (ii) that facilitate state or quasi-public agency
40		-	action or functions. As used in this subparagraph, "state property"
41		-	means property owned by the state or a quasi-public agency or property
42		-	leased to a state agency or quasi-public agency;
43		-	(F) A certificate, plaque or other ceremonial award costing less than
44		-	one hundred dollars;
45		-	(G) A rebate, discount or promotional item available to the general
46		-	public;
47		-	(H) Printed or recorded informational material germane to state
48		-	action or functions;
49		-	(I) Food or beverage or both, costing less than fifty dollars in the
50		-	aggregate per recipient in a calendar year, and consumed on an occasion
51		-	or occasions at which the person paying, directly or indirectly, for the
52		-	food or beverage, or his representative, is in attendance;
53		-	(J) Food or beverage or both, costing less than fifty dollars per person
54		-	and consumed at a publicly noticed legislative reception to which all
55		-	members of the General Assembly are invited and which is hosted not
56		-	more than once in any calendar year by a lobbyist or business
57		-	organization. For the purposes of such limit, (i) a reception hosted by a
58		-	lobbyist who is an individual shall be deemed to have also been hosted
59		-	by the business organization which such lobbyist owns or is employed
60		-	by, and (ii) a reception hosted by a business organization shall be Substitute House Bill No. 6574
	37	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06574-
	38	+	R01-HB.docx }
	39	+	2 of 18
61	40
62		-	Public Act No. 21-164 3 of 19
	41	+	fiancé or fiancée, (ii) the parent, grandparent, brother or sister of such 17
	42	+	spouse or such individual, or (iii) the child of such individual or the 18
	43	+	spouse of such child; 19
	44	+	(E) Goods or services (i) that are provided to a state agency or quasi-20
	45	+	public agency (I) for use on state or quasi-public agency property, or (II) 21
	46	+	that support an event or the participation by a public official or state 22
	47	+	employee at an event, and (ii) that facilitate state or quasi-public agency 23
	48	+	action or functions. As used in this subparagraph, "state property" 24
	49	+	means property owned by the state or a quasi-public agency or property 25
	50	+	leased to a state agency or quasi-public agency; 26
	51	+	(F) A certificate, plaque or other ceremonial award costing less than 27
	52	+	one hundred dollars; 28
	53	+	(G) A rebate, discount or promotional item available to the general 29
	54	+	public; 30
	55	+	(H) Printed or recorded informational material germane to state 31
	56	+	action or functions; 32
	57	+	(I) Food or beverage or both, costing less than fifty dollars in the 33
	58	+	aggregate per recipient in a calendar year, and consumed on an occasion 34
	59	+	or occasions at which the person paying, directly or indirectly, for the 35
	60	+	food or beverage, or his representative, is in attendance; 36
	61	+	(J) Food or beverage or both, costing less than fifty dollars per person 37
	62	+	and consumed at a publicly noticed legislative reception to which all 38
	63	+	members of the General Assembly are invited and which is hosted not 39
	64	+	more than once in any calendar year by a lobbyist or business 40
	65	+	organization. For the purposes of such limit, (i) a reception hosted by a 41
	66	+	lobbyist who is an individual shall be deemed to have also been hosted 42
	67	+	by the business organization which such lobbyist owns or is employed 43
	68	+	by, and (ii) a reception hosted by a business organization shall be 44
	69	+	deemed to have also been hosted by all owners and employees of the 45
	70	+	business organization who are lobbyists. In making the calculation for 46
	71	+	the purposes of such fifty-dollar limit, the donor shall divide the amount 47 Substitute Bill No. 6574
63	72
64		-	deemed to have also been hosted by all owners and employees of the
65		-	business organization who are lobbyists. In making the calculation for
66		-	the purposes of such fifty-dollar limit, the donor shall divide the amount
67		-	spent on food and beverage by the number of persons whom the donor
68		-	reasonably expects to attend the reception;
69		-	(K) Food or beverage or both, costing less than fifty dollars per person
70		-	and consumed at a publicly noticed reception to which all members of
71		-	the General Assembly from a region of the state are invited and which
72		-	is hosted not more than once in any calendar year by a lobbyist or
73		-	business organization. For the purposes of such limit, (i) a reception
74		-	hosted by a lobbyist who is an individual shall be deemed to have also
75		-	been hosted by the business organization which such lobbyist owns or
76		-	is employed by, and (ii) a reception hosted by a business organization
77		-	shall be deemed to have also been hosted by all owners and employees
78		-	of the business organization who are lobbyists. In making the
79		-	calculation for the purposes of such fifty-dollar limit, the donor shall
80		-	divide the amount spent on food and beverage by the number of
81		-	persons whom the donor reasonably expects to attend the reception. As
82		-	used in this subparagraph, "region of the state" means the established
83		-	geographic service area of the organization hosting the reception;
84		-	(L) A gift, including, but not limited to, food or beverage or both,
85		-	provided by an individual for the celebration of a major life event,
86		-	provided any such gift provided by an individual who is not a member
87		-	of the family of the recipient does not exceed one thousand dollars in
88		-	value;
89		-	(M) Gifts costing less than one hundred dollars in the aggregate or
90		-	food or beverage provided at a hospitality suite at a meeting or
91		-	conference of an interstate legislative association, by a person who is not
92		-	a registrant or is not doing business with the state of Connecticut;
93		-	(N) Admission to a charitable or civic event, including food and Substitute House Bill No. 6574
94	73
95		-	Public Act No. 21-164 4 of 19
	74	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06574-
	75	+	R01-HB.docx }
	76	+	3 of 18
96	77
97		-	beverage provided at such event, but excluding lodging or travel
98		-	expenses, at which a public official or state employee participates in his
99		-	or her official capacity, provided such admission is provided by the
100		-	primary sponsoring entity;
101		-	(O) Anything of value provided by an employer of (i) a public official,
102		-	(ii) a state employee, or (iii) a spouse of a public official or state
103		-	employee, to such official, employee or spouse, provided such benefits
104		-	are customarily and ordinarily provided to others in similar
105		-	circumstances;
106		-	(P) Anything having a value of not more than ten dollars, provided
107		-	the aggregate value of all things provided by a donor to a recipient
108		-	under this subdivision in any calendar year does not exceed fifty dollars;
109		-	(Q) Training that is provided by a vendor for a product purchased by
110		-	a state or quasi-public agency that is offered to all customers of such
111		-	vendor;
112		-	(R) Travel expenses, lodging, food, beverage and other benefits
113		-	customarily provided by a prospective employer, when provided to a
114		-	student at a public institution of higher education whose employment
115		-	is derived from such student's status as a student at such institution, in
116		-	connection with bona fide employment discussions; or
117		-	(S) Expenses of a public official, paid by the party committee of which
118		-	party such official is a member, for the purpose of accomplishing the
119		-	lawful purposes of the committee. As used in this subparagraph, "party
120		-	committee" has the same meaning as provided in subdivision (2) of
121		-	section 9-601 and "lawful purposes of the committee" has the same
122		-	meaning as provided in subsection (g) of section 9-607.
123		-	Sec. 2. Subdivision (12) of section 1-79 of the general statutes is
124		-	repealed and the following is substituted in lieu thereof (Effective July 1,
125		-	2021): Substitute House Bill No. 6574
	78	+	spent on food and beverage by the number of persons whom the donor 48
	79	+	reasonably expects to attend the reception; 49
	80	+	(K) Food or beverage or both, costing less than fifty dollars per person 50
	81	+	and consumed at a publicly noticed reception to which all members of 51
	82	+	the General Assembly from a region of the state are invited and which 52
	83	+	is hosted not more than once in any calendar year by a lobbyist or 53
	84	+	business organization. For the purposes of such limit, (i) a reception 54
	85	+	hosted by a lobbyist who is an individual shall be deemed to have also 55
	86	+	been hosted by the business organization which such lobbyist owns or 56
	87	+	is employed by, and (ii) a reception hosted by a business organization 57
	88	+	shall be deemed to have also been hosted by all owners and employees 58
	89	+	of the business organization who are lobbyists. In making the 59
	90	+	calculation for the purposes of such fifty-dollar limit, the donor shall 60
	91	+	divide the amount spent on food and beverage by the number of 61
	92	+	persons whom the donor reasonably expects to attend the reception. As 62
	93	+	used in this subparagraph, "region of the state" means the established 63
	94	+	geographic service area of the organization hosting the reception; 64
	95	+	(L) A gift, including, but not limited to, food or beverage or both, 65
	96	+	provided by an individual for the celebration of a major life event, 66
	97	+	provided any such gift provided by an individual who is not a member 67
	98	+	of the family of the recipient does not exceed one thousand dollars in 68
	99	+	value; 69
	100	+	(M) Gifts costing less than one hundred dollars in the aggregate or 70
	101	+	food or beverage provided at a hospitality suite at a meeting or 71
	102	+	conference of an interstate legislative association, by a person who is not 72
	103	+	a registrant or is not doing business with the state of Connecticut; 73
	104	+	(N) Admission to a charitable or civic event, including food and 74
	105	+	beverage provided at such event, but excluding lodging or travel 75
	106	+	expenses, at which a public official or state employee participates in his 76
	107	+	or her official capacity, provided such admission is provided by the 77
	108	+	primary sponsoring entity; 78 Substitute Bill No. 6574
126	109
127		-	Public Act No. 21-164 5 of 19
128	110
129		-	(12) "Quasi-public agency" means Connecticut Innovations,
130		-	Incorporated, the Connecticut Health and Education Facilities
131		-	Authority, the Connecticut Higher Education Supplemental Loan
132		-	Authority, the Connecticut Student Loan Foundation, the Connecticut
133		-	Housing Finance Authority, the State Housing Authority, the Materials
134		-	Innovation and Recycling Authority, the Capital Region Development
135		-	Authority, the Connecticut Lottery Corporation, the Connecticut
136		-	Airport Authority, the Connecticut Health Insurance Exchange, the
137		-	Connecticut Green Bank, the Connecticut Retirement Security
138		-	Authority, the Connecticut Port Authority, the Connecticut Municipal
139		-	Redevelopment Authority, [and] the State Education Resource Center
140		-	and the Paid Family and Medical Leave Insurance Authority.
141		-	Sec. 3. Section 1-79 of the general statutes is amended by adding
142		-	subdivision (21) as follows (Effective October 1, 2021):
143		-	(NEW) (21) "Confidential information" means any information in the
144		-	possession of the state, a state employee or a public official, whatever its
145		-	form, which (A) is required not to be disclosed to the general public
146		-	under any provision of the general statutes or federal law; or (B) falls
147		-	within a category of permissibly nondisclosable information under the
148		-	Freedom of Information Act, as defined in section 1-200, and which the
149		-	appropriate agency, state employee or public official has decided not to
150		-	disclose to the general public.
151		-	Sec. 4. Subsection (c) of section 1-81 of the general statutes is repealed
152		-	and the following is substituted in lieu thereof (Effective October 1, 2021):
153		-	(c) The Office of State Ethics shall employ an executive director,
154		-	general counsel and ethics enforcement officer, each of whom shall be
155		-	exempt from classified state service. The ethics enforcement officer shall
156		-	be a member of the bar of this state. The salary for the executive director,
157		-	general counsel and the ethics enforcement officer shall be determined
158		-	by the Commissioner of Administrative Services in accordance with Substitute House Bill No. 6574
	111	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06574-
	112	+	R01-HB.docx }
	113	+	4 of 18
159	114
160		-	Public Act No. 21-164 6 of 19
	115	+	(O) Anything of value provided by an employer of (i) a public official, 79
	116	+	(ii) a state employee, or (iii) a spouse of a public official or state 80
	117	+	employee, to such official, employee or spouse, provided such benefits 81
	118	+	are customarily and ordinarily provided to others in similar 82
	119	+	circumstances; 83
	120	+	(P) Anything having a value of not more than ten dollars, provided 84
	121	+	the aggregate value of all things provided by a donor to a recipient 85
	122	+	under this subdivision in any calendar year does not exceed fifty dollars; 86
	123	+	(Q) Training that is provided by a vendor for a product purchased by 87
	124	+	a state or quasi-public agency that is offered to all customers of such 88
	125	+	vendor; 89
	126	+	(R) Travel expenses, lodging, food, beverage and other benefits 90
	127	+	customarily provided by a prospective employer, when provided to a 91
	128	+	student at a public institution of higher education whose employment 92
	129	+	is derived from such student's status as a student at such institution, in 93
	130	+	connection with bona fide employment discussions; or 94
	131	+	(S) Expenses of a public official, paid by the party committee of which 95
	132	+	party such official is a member, for the purpose of accomplishing the 96
	133	+	lawful purposes of the committee. As used in this subparagraph, "party 97
	134	+	committee" has the same meaning as provided in subdivision (2) of 98
	135	+	section 9-601 and "lawful purposes of the committee" has the same 99
	136	+	meaning as provided in subsection (g) of section 9-607. 100
	137	+	Sec. 2. Subdivision (12) of section 1-79 of the general statutes is 101
	138	+	repealed and the following is substituted in lieu thereof (Effective July 1, 102
	139	+	2021): 103
	140	+	(12) "Quasi-public agency" means Connecticut Innovations, 104
	141	+	Incorporated, the Connecticut Health and Education Facilities 105
	142	+	Authority, the Connecticut Higher Education Supplemental Loan 106
	143	+	Authority, the Connecticut Student Loan Foundation, the Connecticut 107
	144	+	Housing Finance Authority, the State Housing Authority, the Materials 108
	145	+	Innovation and Recycling Authority, the Capital Region Development 109 Substitute Bill No. 6574
161	146
162		-	accepted personnel practices. No one person may serve in more than
163		-	one of the positions described in this subsection. The Office of State
164		-	Ethics may employ necessary staff within available appropriations.
165		-	Such necessary staff of the Office of State Ethics shall be in classified
166		-	state service.
167		-	Sec. 5. Subsection (g) of section 1-81 of the general statutes is repealed
168		-	and the following is substituted in lieu thereof (Effective October 1, 2021):
169		-	(g) There shall be an enforcement division within the Office of State
170		-	Ethics. The enforcement division shall be responsible for investigating
171		-	complaints brought to or by the board. The ethics enforcement officer,
172		-	described in subsection (c) of this section, shall supervise the
173		-	enforcement division. The ethics enforcement officer may represent the
174		-	Office of State Ethics before the Superior Court in an appeal of any
175		-	ruling or finding pursuant to, or any matter arising under, section 1-82,
176		-	as amended by this act, 1-93, as amended by this act, or 1-101nn,
177		-	provided the board is not a party in such appeal. The enforcement
178		-	division shall employ such attorneys and investigators, as necessary,
179		-	within available appropriations, and may refer matters to the office of
180		-	the Chief State's Attorney, as appropriate.
181		-	Sec. 6. Subsection (b) of section 1-82 of the general statutes is repealed
182		-	and the following is substituted in lieu thereof (Effective October 1, 2021):
183		-	(b) If a judge trial referee determines that probable cause exists for
184		-	the violation of a provision of this part, section 1-101bb or section 1-
185		-	101nn, the board shall initiate hearings to determine whether there has
186		-	been a violation of this part, section 1-101bb or section 1-101nn. Any
187		-	such hearing shall be initiated by the board not later than thirty days
188		-	after the finding of probable cause by a judge trial referee and shall be
189		-	concluded not later than ninety days after its initiation, except that such
190		-	thirty or ninety-day limitation period shall not apply if the judge trial
191		-	referee determines that good cause exists for extending such limitation Substitute House Bill No. 6574
192	147
193		-	Public Act No. 21-164 7 of 19
	148	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06574-
	149	+	R01-HB.docx }
	150	+	5 of 18
194	151
195		-	period. A judge trial referee, who has not taken part in the probable
196		-	cause determination on the matter shall be assigned by the Chief Court
197		-	Administrator and shall be compensated in accordance with section 52-
198		-	434 out of funds available to the Office of State Ethics. Such judge trial
199		-	referee shall preside over such hearing and rule on all issues concerning
200		-	the application of the rules of evidence, which shall be the same as in
201		-	judicial proceedings. The judge trial referee shall have no vote in any
202		-	decision of the board. All hearings of the board held pursuant to this
203		-	subsection shall be open. At such hearing the board shall have the same
204		-	powers as the Office of State Ethics under subsection (a) of this section
205		-	and the respondent shall have the right to be represented by legal
206		-	counsel, to compel attendance of witnesses and the production of books,
207		-	documents, records and papers and to examine and cross-examine
208		-	witnesses. Not later than ten days prior to the commencement of any
209		-	hearing conducted pursuant to this subsection, the Office of State Ethics
210		-	shall provide the respondent with a list of its intended witnesses. The
211		-	judge trial referee shall, while engaged in the discharge of the duties as
212		-	provided in this subsection, have the same authority as is provided in
213		-	section 51-35 over witnesses who refuse to obey a subpoena or to testify
214		-	with respect to any matter upon which such witness may be lawfully
215		-	interrogated, and may commit any such witness for contempt for a
216		-	period no longer than thirty days. The Office of State Ethics shall make
217		-	a record of all proceedings pursuant to this subsection. During the
218		-	course of any such hearing, no ex-parte communication shall occur
219		-	between the board, or any of its members, and: (1) The judge trial
220		-	referee, or (2) any staff member of the Enforcement Division of the Office
221		-	of State Ethics, concerning the complaint or the respondent. The board
222		-	shall find no person in violation of any provision of this part, section 1-
223		-	101bb or section 1-101nn except upon the concurring vote of two-thirds
224		-	of its members present and voting. No member of the board shall vote
225		-	on the question of whether a violation of any provision of this part has
226		-	occurred unless such member was physically present for the duration
227		-	of any hearing held pursuant to this subsection. Not later than [fifteen] Substitute House Bill No. 6574
	152	+	Authority, the Connecticut Lottery Corporation, the Connecticut 110
	153	+	Airport Authority, the Connecticut Health Insurance Exchange, the 111
	154	+	Connecticut Green Bank, the Connecticut Retirement Security 112
	155	+	Authority, the Connecticut Port Authority, the Connecticut Municipal 113
	156	+	Redevelopment Authority, [and] the State Education Resource Center 114
	157	+	and the Paid Family and Medical Leave Insurance Authority. 115
	158	+	Sec. 3. Section 1-79 of the general statutes is amended by adding 116
	159	+	subdivision (21) as follows (Effective October 1, 2021): 117
	160	+	(NEW) (21) "Confidential information" means any information in the 118
	161	+	possession of the state, a state employee or a public official, whatever its 119
	162	+	form, which (A) is required not to be disclosed to the general public 120
	163	+	under any provision of the general statutes or federal law; or (B) falls 121
	164	+	within a category of permissibly nondisclosable information under the 122
	165	+	Freedom of Information Act, as defined in section 1-200, and which the 123
	166	+	appropriate agency, state employee or public official has decided not to 124
	167	+	disclose to the general public. 125
	168	+	Sec. 4. Subsection (c) of section 1-81 of the general statutes is repealed 126
	169	+	and the following is substituted in lieu thereof (Effective October 1, 2021): 127
	170	+	(c) The Office of State Ethics shall employ an executive director, 128
	171	+	general counsel and ethics enforcement officer, each of whom shall be 129
	172	+	exempt from classified state service. The ethics enforcement officer shall 130
	173	+	be a member of the bar of this state. The salary for the executive director, 131
	174	+	general counsel and the ethics enforcement officer shall be determined 132
	175	+	by the Commissioner of Administrative Services in accordance with 133
	176	+	accepted personnel practices. No one person may serve in more than 134
	177	+	one of the positions described in this subsection. The Office of State 135
	178	+	Ethics may employ necessary staff within available appropriations. 136
	179	+	Such necessary staff of the Office of State Ethics shall be in classified 137
	180	+	state service. 138
	181	+	Sec. 5. Subsection (g) of section 1-81 of the general statutes is repealed 139
	182	+	and the following is substituted in lieu thereof (Effective October 1, 2021): 140 Substitute Bill No. 6574
228	183
229		-	Public Act No. 21-164 8 of 19
230	184
231		-	forty-five days after the public hearing conducted in accordance with
232		-	this subsection, the board shall publish its finding and a memorandum
233		-	of the reasons therefor. Such finding and memorandum shall be deemed
234		-	to be the final decision of the board on the matter for the purposes of
235		-	chapter 54. The respondent, if aggrieved by the finding and
236		-	memorandum, may appeal therefrom to the Superior Court in
237		-	accordance with the provisions of section 4-183.
238		-	Sec. 7. Subsection (a) of section 1-83 of the general statutes is repealed
239		-	and the following is substituted in lieu thereof (Effective October 1, 2021):
240		-	(a) (1) All state-wide elected officers, members of the General
241		-	Assembly, department heads and their deputies, members or directors
242		-	of each quasi-public agency, members of the Investment Advisory
243		-	Council and such members of the Executive Department and such
244		-	employees of quasi-public agencies as the Governor shall require, shall
245		-	file electronically with the Office of State Ethics using the software
246		-	created by the office, under penalty of false statement, a statement of
247		-	financial interests for the preceding calendar year [with the Office of
248		-	State Ethics] on or before the May first next in any year in which they
249		-	hold such an office or position. If, in any year, May first falls on a
250		-	weekend or legal holiday, such statement shall be filed not later than the
251		-	next business day. Any such individual who leaves his or her office or
252		-	position shall file electronically a statement of financial interests
253		-	covering that portion of the year during which such individual held his
254		-	or her office or position. The Office of State Ethics shall notify such
255		-	individuals of the requirements of this subsection not later than sixty
256		-	days after their departure from such office or position. Such individuals
257		-	shall file such statement electronically not later than sixty days after
258		-	receipt of the notification.
259		-	(2) Each state agency, department, board and commission shall
260		-	develop and implement, in cooperation with the Office of State Ethics,
261		-	an ethics statement as it relates to the mission of the agency, department, Substitute House Bill No. 6574
	185	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06574-
	186	+	R01-HB.docx }
	187	+	6 of 18
262	188
263		-	Public Act No. 21-164 9 of 19
	189	+	(g) There shall be an enforcement division within the Office of State 141
	190	+	Ethics. The enforcement division shall be responsible for investigating 142
	191	+	complaints brought to or by the board. The ethics enforcement officer, 143
	192	+	described in subsection (c) of this section, shall supervise the 144
	193	+	enforcement division. The ethics enforcement officer may represent the 145
	194	+	Office of State Ethics before the Superior Court in an appeal of any 146
	195	+	ruling or finding pursuant to, or any matter arising under, section 1-82, 147
	196	+	as amended by this act, 1-93, as amended by this act, or 1-101nn, 148
	197	+	provided the board is not a party in such appeal. The enforcement 149
	198	+	division shall employ such attorneys and investigators, as necessary, 150
	199	+	within available appropriations, and may refer matters to the office of 151
	200	+	the Chief State's Attorney, as appropriate. 152
	201	+	Sec. 6. Subsection (b) of section 1-82 of the general statutes is repealed 153
	202	+	and the following is substituted in lieu thereof (Effective October 1, 2021): 154
	203	+	(b) If a judge trial referee determines that probable cause exists for 155
	204	+	the violation of a provision of this part, section 1-101bb or section 1-156
	205	+	101nn, the board shall initiate hearings to determine whether there has 157
	206	+	been a violation of this part, section 1-101bb or section 1-101nn. Any 158
	207	+	such hearing shall be initiated by the board not later than thirty days 159
	208	+	after the finding of probable cause by a judge trial referee and shall be 160
	209	+	concluded not later than ninety days after its initiation, except that such 161
	210	+	thirty or ninety-day limitation period shall not apply if the judge trial 162
	211	+	referee determines that good cause exists for extending such limitation 163
	212	+	period. A judge trial referee, who has not taken part in the probable 164
	213	+	cause determination on the matter shall be assigned by the Chief Court 165
	214	+	Administrator and shall be compensated in accordance with section 52-166
	215	+	434 out of funds available to the Office of State Ethics. Such judge trial 167
	216	+	referee shall preside over such hearing and rule on all issues concerning 168
	217	+	the application of the rules of evidence, which shall be the same as in 169
	218	+	judicial proceedings. The judge trial referee shall have no vote in any 170
	219	+	decision of the board. All hearings of the board held pursuant to this 171
	220	+	subsection shall be open. At such hearing the board shall have the same 172
	221	+	powers as the Office of State Ethics under subsection (a) of this section 173 Substitute Bill No. 6574
264	222
265		-	board or commission. The executive head of each such agency,
266		-	department, board or commission shall be directly responsible for the
267		-	development and enforcement of such ethics statement and shall file a
268		-	copy of such ethics statement with the Department of Administrative
269		-	Services and the Office of State Ethics.
270		-	Sec. 8. Subsection (o) of section 1-84 of the general statutes is repealed
271		-	and the following is substituted in lieu thereof (Effective October 1, 2021):
272		-	(o) If (1) any person (A) is doing business with or seeking to do
273		-	business with the department or agency in which a public official or
274		-	state employee is employed, or (B) is engaged in activities which are
275		-	directly regulated by such department or agency, and (2) such person or
276		-	a representative of such person gives to such public official or state
277		-	employee anything [of value which is subject to the reporting
278		-	requirements pursuant to subsection (e) of section 1-96] having a value
279		-	of more than ten dollars, such person or representative shall, not later
280		-	than ten days thereafter, give such recipient and the executive head of
281		-	the recipient's department or agency a written report stating the name
282		-	of the donor, a description of the item or items given, the value of such
283		-	items and the cumulative value of all items given to such recipient
284		-	during that calendar year. The provisions of this subsection shall not
285		-	apply to a political contribution otherwise reported as required by law.
286		-	Sec. 9. Subsections (c) to (e), inclusive, of section 1-84b of the general
287		-	statutes are repealed and the following is substituted in lieu thereof
288		-	(Effective October 1, 2021):
289		-	(c) The provisions of this subsection apply to present or former
290		-	executive branch public officials or state employees of an agency who
291		-	hold or formerly held positions which involve significant decision-
292		-	making or supervisory responsibility. [and are] Such positions shall be
293		-	designated as such by the agency concerned, in consultation with the
294		-	Office of State Ethics, [in consultation with the agency concerned] except Substitute House Bill No. 6574
295	223
296		-	Public Act No. 21-164 10 of 19
	224	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06574-
	225	+	R01-HB.docx }
	226	+	7 of 18
297	227
298		-	that such provisions shall not apply to members or former members of
299		-	the boards or commissions who serve ex officio, who are required by
300		-	statute to represent the regulated industry or who are permitted by
301		-	statute to have a past or present affiliation with the regulated industry.
302		-	[Designation] On or before November 1, 2021, and not less than
303		-	annually thereafter, the head of each agency concerned, or his or her
304		-	designee, shall submit the designation of all positions in existence on
305		-	such date that are subject to the provisions of this subsection [shall be
306		-	by regulations adopted by the Citizen's Ethics Advisory Board in
307		-	accordance with chapter 54] to the office electronically, in a manner
308		-	prescribed by the Citizen's Ethics Advisory Board. If an agency creates
309		-	such a position after its annual submission under this subsection, the
310		-	head of such agency, or his or her designee, shall submit the designation
311		-	of the newly created position not later than thirty days after the creation
312		-	of such position. As used in this subsection, "agency" means the Health
313		-	Systems Planning Unit of the Office of Health Strategy, the Connecticut
314		-	Siting Council, the Department of Banking, the Insurance Department,
315		-	the Department of Emergency Services and Public Protection, the office
316		-	within the Department of Consumer Protection that carries out the
317		-	duties and responsibilities of sections 30-2 to 30-68m, inclusive, the
318		-	Public Utilities Regulatory Authority, including the Office of Consumer
319		-	Counsel, and the Department of Consumer Protection and the term
320		-	"employment" means professional services or other services rendered as
321		-	an employee or as an independent contractor.
322		-	(1) No public official or state employee in an executive branch
323		-	position designated [by the Office of State Ethics] pursuant to the
324		-	provisions of this subsection shall negotiate for, seek or accept
325		-	employment with any business subject to regulation by his agency.
326		-	(2) No former public official or state employee who held such a
327		-	position in the executive branch shall, within one year after leaving an
328		-	agency, accept employment with a business subject to regulation by that Substitute House Bill No. 6574
	228	+	and the respondent shall have the right to be represented by legal 174
	229	+	counsel, to compel attendance of witnesses and the production of books, 175
	230	+	documents, records and papers and to examine and cross-examine 176
	231	+	witnesses. Not later than ten days prior to the commencement of any 177
	232	+	hearing conducted pursuant to this subsection, the Office of State Ethics 178
	233	+	shall provide the respondent with a list of its intended witnesses. The 179
	234	+	judge trial referee shall, while engaged in the discharge of the duties as 180
	235	+	provided in this subsection, have the same authority as is provided in 181
	236	+	section 51-35 over witnesses who refuse to obey a subpoena or to testify 182
	237	+	with respect to any matter upon which such witness may be lawfully 183
	238	+	interrogated, and may commit any such witness for contempt for a 184
	239	+	period no longer than thirty days. The Office of State Ethics shall make 185
	240	+	a record of all proceedings pursuant to this subsection. During the 186
	241	+	course of any such hearing, no ex-parte communication shall occur 187
	242	+	between the board, or any of its members, and: (1) The judge trial 188
	243	+	referee, or (2) any staff member of the Enforcement Division of the Office 189
	244	+	of State Ethics, concerning the complaint or the respondent. The board 190
	245	+	shall find no person in violation of any provision of this part, section 1-191
	246	+	101bb or section 1-101nn except upon the concurring vote of two-thirds 192
	247	+	of its members present and voting. No member of the board shall vote 193
	248	+	on the question of whether a violation of any provision of this part has 194
	249	+	occurred unless such member was physically present for the duration 195
	250	+	of any hearing held pursuant to this subsection. Not later than [fifteen] 196
	251	+	forty-five days after the public hearing conducted in accordance with 197
	252	+	this subsection, the board shall publish its finding and a memorandum 198
	253	+	of the reasons therefor. Such finding and memorandum shall be deemed 199
	254	+	to be the final decision of the board on the matter for the purposes of 200
	255	+	chapter 54. The respondent, if aggrieved by the finding and 201
	256	+	memorandum, may appeal therefrom to the Superior Court in 202
	257	+	accordance with the provisions of section 4-183. 203
	258	+	Sec. 7. Subsection (a) of section 1-83 of the general statutes is repealed 204
	259	+	and the following is substituted in lieu thereof (Effective October 1, 2021): 205
	260	+	(a) (1) All state-wide elected officers, members of the General 206 Substitute Bill No. 6574
329	261
330		-	Public Act No. 21-164 11 of 19
331	262
332		-	agency.
333		-	(3) No business shall employ a present or former public official or
334		-	state employee in violation of this subsection.
335		-	(d) The provisions of subsection (e) of this section apply to (1) present
336		-	or former Department of Consumer Protection public officials or state
337		-	employees who hold or formerly held positions which involve
338		-	significant decision-making or supervisory responsibility and [are]
339		-	designated as such by the department, in consultation with the Office of
340		-	State Ethics, [in consultation with the agency concerned,] and (2) present
341		-	or former public officials or state employees of other agencies who hold
342		-	or formerly held positions which involve significant decision-making or
343		-	supervisory responsibility concerning the regulation or investigation of
344		-	(A) any business entity (i) engaged in Indian gaming operations in the
345		-	state, and (ii) in which a federally-recognized Indian tribe in the state
346		-	owns a controlling interest, or (B) a governmental agency of a federally-
347		-	recognized Indian tribe engaged in Indian gaming operations in the
348		-	state, which positions are designated as such by the agency concerned,
349		-	in consultation with the Office of State Ethics. [, in consultation with the
350		-	agency concerned. Designation of] On or before November 1, 2021, and
351		-	not less than annually thereafter, the Commissioner of Consumer
352		-	Protection and the head of each agency concerned, or their designees,
353		-	shall submit designations of all positions in existence on such date that
354		-	are subject to the provisions of this subsection [shall be by regulations
355		-	adopted by the Citizen's Ethics Advisory Board in accordance with
356		-	chapter 54. As used in subsection (e) of this section, the term
357		-	"employment" means professional services or other services rendered as
358		-	an employee or as an independent contractor ] to the office
359		-	electronically, in a manner prescribed by the Citizen's Ethics Advisory
360		-	Board. If the department or agency concerned creates such a position
361		-	after its annual submission under this subsection, the Commissioner of
362		-	Consumer Protection or the head of such agency, as applicable, or their Substitute House Bill No. 6574
	263	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06574-
	264	+	R01-HB.docx }
	265	+	8 of 18
363	266
364		-	Public Act No. 21-164 12 of 19
	267	+	Assembly, department heads and their deputies, members or directors 207
	268	+	of each quasi-public agency, members of the Investment Advisory 208
	269	+	Council and such members of the Executive Department and such 209
	270	+	employees of quasi-public agencies as the Governor shall require, shall 210
	271	+	file electronically with the Office of State Ethics using the software 211
	272	+	created by the office, under penalty of false statement, a statement of 212
	273	+	financial interests for the preceding calendar year [with the Office of 213
	274	+	State Ethics] on or before the May first next in any year in which they 214
	275	+	hold such an office or position. If, in any year, May first falls on a 215
	276	+	weekend or legal holiday, such statement shall be filed not later than the 216
	277	+	next business day. Any such individual who leaves his or her office or 217
	278	+	position shall file electronically a statement of financial interests 218
	279	+	covering that portion of the year during which such individual held his 219
	280	+	or her office or position. The Office of State Ethics shall notify such 220
	281	+	individuals of the requirements of this subsection not later than sixty 221
	282	+	days after their departure from such office or position. Such individuals 222
	283	+	shall file such statement electronically not later than sixty days after 223
	284	+	receipt of the notification. 224
	285	+	(2) Each state agency, department, board and commission shall 225
	286	+	develop and implement, in cooperation with the Office of State Ethics, 226
	287	+	an ethics statement as it relates to the mission of the agency, department, 227
	288	+	board or commission. The executive head of each such agency, 228
	289	+	department, board or commission shall be directly responsible for the 229
	290	+	development and enforcement of such ethics statement and shall file a 230
	291	+	copy of such ethics statement with the Department of Administrative 231
	292	+	Services and the Office of State Ethics. 232
	293	+	Sec. 8. Subsection (o) of section 1-84 of the general statutes is repealed 233
	294	+	and the following is substituted in lieu thereof (Effective October 1, 2021): 234
	295	+	(o) If (1) any person (A) is doing business with or seeking to do 235
	296	+	business with the department or agency in which a public official or 236
	297	+	state employee is employed, or (B) is engaged in activities which are 237
	298	+	directly regulated by such department or agency, and (2) such person or 238
	299	+	a representative of such person gives to such public official or state 239 Substitute Bill No. 6574
365	300
366		-	designees, shall submit the designation of the newly created position
367		-	not later than thirty days after the creation of such position.
368		-	(e) (1) No Department of Consumer Protection public official or state
369		-	employee or other public official or state employee described in
370		-	subdivision (2) of subsection (d) of this section [, in a position designated
371		-	by the Office of State Ethics,] shall negotiate for, seek or accept
372		-	employment with (A) a business entity (i) engaged in Indian gaming
373		-	operations in the state, and (ii) in which a federally-recognized Indian
374		-	tribe in the state owns a controlling interest, or (B) a governmental
375		-	agency of a federally-recognized Indian tribe engaged in Indian gaming
376		-	operations in the state.
377		-	(2) No former Department of Consumer Protection public official or
378		-	state employee or other former public official or state employee
379		-	described in subdivision (2) of subsection (d) of this section, who held
380		-	such a position shall, within two years after leaving such agency, accept
381		-	employment with (A) a business entity (i) engaged in Indian gaming
382		-	operations in the state, and (ii) in which a federally-recognized Indian
383		-	tribe in the state owns a controlling interest, or (B) a governmental
384		-	agency of a federally-recognized Indian tribe engaged in Indian gaming
385		-	operations in the state.
386		-	(3) As used in this subsection, "employment" means professional
387		-	services or other services rendered as an employee or as an independent
388		-	contractor.
389		-	Sec. 10. Section 1-86e of the general statutes is repealed and the
390		-	following is substituted in lieu thereof (Effective October 1, 2021):
391		-	(a) No person hired by the state as a consultant or independent
392		-	contractor, and no person employed by such consultant or independent
393		-	contractor, shall:
394		-	(1) Use the authority provided [to the person] under the contract, or Substitute House Bill No. 6574
395	301
396		-	Public Act No. 21-164 13 of 19
	302	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06574-
	303	+	R01-HB.docx }
	304	+	9 of 18
397	305
398		-	any confidential information acquired in the performance of the
399		-	contract, to obtain financial gain for the [person] consultant or
400		-	independent contractor, an employee of the [person] consultant or
401		-	independent contractor or a member of the immediate family of any
402		-	such [person] consultant, independent contractor or employee;
403		-	(2) Accept another state contract which would impair the
404		-	independent judgment of the [person] consultant, independent
405		-	contractor or employee in the performance of the existing contract; or
406		-	(3) Accept anything of value based on an understanding that the
407		-	actions of the [person] consultant, independent contractor or employee
408		-	on behalf of the state would be influenced.
409		-	(b) No person shall give anything of value to a person hired by the
410		-	state as a consultant or independent contractor or an employee of a
411		-	consultant or independent contractor based on an understanding that
412		-	the actions of the consultant, [or] independent contractor or employee
413		-	on behalf of the state would be influenced.
414		-	Sec. 11. Subsection (a) of section 1-90a of the general statutes is
415		-	repealed and the following is substituted in lieu thereof (Effective October
416		-	1, 2021):
417		-	(a) Notwithstanding the provisions of sections 1-84, as amended by
418		-	this act, 1-84a, 1-85 and 1-86, a public official or state employee of a
419		-	public institution of higher education whose employment is derived
420		-	from such official's or employee's status as a student at such institution
421		-	shall not be subject to the provisions of said sections, if (1) such
422		-	institution has adopted written policies and procedures to regulate
423		-	student conduct concerning conflicts of interest relating to student
424		-	holding of public office or state employment, and (2) such policies and
425		-	procedures have been approved by the Citizen's Ethics Advisory Board
426		-	in accordance with subsection (b) of this section. Substitute House Bill No. 6574
	306	+	employee anything [of value which is subject to the reporting 240
	307	+	requirements pursuant to subsection (e) of section 1-96] having a value 241
	308	+	of more than ten dollars, such person or representative shall, not later 242
	309	+	than ten days thereafter, give such recipient and the executive head of 243
	310	+	the recipient's department or agency a written report stating the name 244
	311	+	of the donor, a description of the item or items given, the value of such 245
	312	+	items and the cumulative value of all items given to such recipient 246
	313	+	during that calendar year. The provisions of this subsection shall not 247
	314	+	apply to a political contribution otherwise reported as required by law. 248
	315	+	Sec. 9. Subsections (c) to (e), inclusive, of section 1-84b of the general 249
	316	+	statutes are repealed and the following is substituted in lieu thereof 250
	317	+	(Effective October 1, 2021): 251
	318	+	(c) The provisions of this subsection apply to present or former 252
	319	+	executive branch public officials or state employees of an agency who 253
	320	+	hold or formerly held positions which involve significant decision-254
	321	+	making or supervisory responsibility. [and are] Such positions shall be 255
	322	+	designated as such by the agency concerned, in consultation with the 256
	323	+	Office of State Ethics, [in consultation with the agency concerned] except 257
	324	+	that such provisions shall not apply to members or former members of 258
	325	+	the boards or commissions who serve ex officio, who are required by 259
	326	+	statute to represent the regulated industry or who are permitted by 260
	327	+	statute to have a past or present affiliation with the regulated industry. 261
	328	+	[Designation] On or before November 1, 2021, and not less than 262
	329	+	annually thereafter, the head of each agency concerned, or his or her 263
	330	+	designee, shall submit the designation of all positions in existence on 264
	331	+	such date that are subject to the provisions of this subsection [shall be 265
	332	+	by regulations adopted by the Citizen's Ethics Advisory Board in 266
	333	+	accordance with chapter 54] to the office electronically, in a manner 267
	334	+	prescribed by the Citizen's Ethics Advisory Board. If an agency creates 268
	335	+	such a position after its annual submission under this subsection, the 269
	336	+	head of such agency, or his or her designee, shall submit the designation 270
	337	+	of the newly created position not later than thirty days after the creation 271
	338	+	of such position. As used in this subsection, "agency" means the Health 272 Substitute Bill No. 6574
427	339
428		-	Public Act No. 21-164 14 of 19
429	340
430		-	Sec. 12. Subdivision (7) of section 1-91 of the general statutes is
431		-	repealed and the following is substituted in lieu thereof (Effective October
432		-	1, 2021):
433		-	(7) "Gift" means anything of value, which is directly and personally
434		-	received, unless consideration of equal or greater value is given in
435		-	return. "Gift" does not include:
436		-	(A) A political contribution otherwise reported as required by law or
437		-	a donation or payment described in subdivision (9) or (10) of subsection
438		-	(b) of section 9-601a;
439		-	(B) Services provided by persons volunteering their time, if provided
440		-	to aid or promote the success or defeat of any political party, any
441		-	candidate or candidates for public office or the position of convention
442		-	delegate or town committee member or any referendum question;
443		-	(C) A commercially reasonable loan made on terms not more
444		-	favorable than loans made in the ordinary course of business;
445		-	(D) A gift received from (i) the individual's spouse, fiancé or fiancée,
446		-	(ii) the parent, grandparent, brother or sister of such spouse or such
447		-	individual, or (iii) the child of such individual or the spouse of such
448		-	child;
449		-	(E) Goods or services (i) that are provided to a state agency or quasi-
450		-	public agency (I) for use on state or quasi-public agency property, or (II)
451		-	that support an event or the participation by a public official or state
452		-	employee at an event, and (ii) that facilitate state or quasi-public agency
453		-	action or functions. As used in this subparagraph, "state property"
454		-	means property owned by the state or a quasi-public agency or property
455		-	leased to a state or quasi-public agency;
456		-	(F) A certificate, plaque or other ceremonial award costing less than
457		-	one hundred dollars; Substitute House Bill No. 6574
	341	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06574-
	342	+	R01-HB.docx }
	343	+	10 of 18
458	344
459		-	Public Act No. 21-164 15 of 19
	345	+	Systems Planning Unit of the Office of Health Strategy, the Connecticut 273
	346	+	Siting Council, the Department of Banking, the Insurance Department, 274
	347	+	the Department of Emergency Services and Public Protection, the office 275
	348	+	within the Department of Consumer Protection that carries out the 276
	349	+	duties and responsibilities of sections 30-2 to 30-68m, inclusive, the 277
	350	+	Public Utilities Regulatory Authority, including the Office of Consumer 278
	351	+	Counsel, and the Department of Consumer Protection and the term 279
	352	+	"employment" means professional services or other services rendered as 280
	353	+	an employee or as an independent contractor. 281
	354	+	(1) No public official or state employee in an executive branch 282
	355	+	position designated [by the Office of State Ethics] pursuant to the 283
	356	+	provisions of this subsection shall negotiate for, seek or accept 284
	357	+	employment with any business subject to regulation by his agency. 285
	358	+	(2) No former public official or state employee who held such a 286
	359	+	position in the executive branch shall, within one year after leaving an 287
	360	+	agency, accept employment with a business subject to regulation by that 288
	361	+	agency. 289
	362	+	(3) No business shall employ a present or former public official or 290
	363	+	state employee in violation of this subsection. 291
	364	+	(d) The provisions of subsection (e) of this section apply to (1) present 292
	365	+	or former Department of Consumer Protection public officials or state 293
	366	+	employees who hold or formerly held positions which involve 294
	367	+	significant decision-making or supervisory responsibility and [are] 295
	368	+	designated as such by the department, in consultation with the Office of 296
	369	+	State Ethics, [in consultation with the agency concerned,] and (2) present 297
	370	+	or former public officials or state employees of other agencies who hold 298
	371	+	or formerly held positions which involve significant decision-making or 299
	372	+	supervisory responsibility concerning the regulation or investigation of 300
	373	+	(A) any business entity (i) engaged in Indian gaming operations in the 301
	374	+	state, and (ii) in which a federally-recognized Indian tribe in the state 302
	375	+	owns a controlling interest, or (B) a governmental agency of a federally-303
	376	+	recognized Indian tribe engaged in Indian gaming operations in the 304 Substitute Bill No. 6574
460	377
461		-	(G) A rebate, discount or promotional item available to the general
462		-	public;
463		-	(H) Printed or recorded informational material germane to state
464		-	action or functions;
465		-	(I) Food or beverage or both, costing less than fifty dollars in the
466		-	aggregate per recipient in a calendar year, and consumed on an occasion
467		-	or occasions at which the person paying, directly or indirectly, for the
468		-	food or beverage, or his representative, is in attendance;
469		-	(J) Food or beverage or both, costing less than fifty dollars per person
470		-	and consumed at a publicly noticed legislative reception to which all
471		-	members of the General Assembly are invited and which is hosted not
472		-	more than once in any calendar year by a lobbyist or business
473		-	organization. For the purposes of such limit, (i) a reception hosted by a
474		-	lobbyist who is an individual shall be deemed to have also been hosted
475		-	by the business organization which he owns or is employed by, and (ii)
476		-	a reception hosted by a business organization shall be deemed to have
477		-	also been hosted by all owners and employees of the business
478		-	organization who are lobbyists. In making the calculation for the
479		-	purposes of such fifty-dollar limit, the donor shall divide the amount
480		-	spent on food and beverage by the number of persons whom the donor
481		-	reasonably expects to attend the reception;
482		-	(K) Food or beverage or both, costing less than fifty dollars per person
483		-	and consumed at a publicly noticed reception to which all members of
484		-	the General Assembly from a region of the state are invited and which
485		-	is hosted not more than once in any calendar year by a lobbyist or
486		-	business organization. For the purposes of such limit, (i) a reception
487		-	hosted by a lobbyist who is an individual shall be deemed to have also
488		-	been hosted by the business organization which he owns or is employed
489		-	by, and (ii) a reception hosted by a business organization shall be
490		-	deemed to have also been hosted by all owners and employees of the Substitute House Bill No. 6574
491	378
492		-	Public Act No. 21-164 16 of 19
	379	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06574-
	380	+	R01-HB.docx }
	381	+	11 of 18
493	382
494		-	business organization who are lobbyists. In making the calculation for
495		-	the purposes of such fifty-dollar limit, the donor shall divide the amount
496		-	spent on food and beverage by the number of persons whom the donor
497		-	reasonably expects to attend the reception. As used in this
498		-	subparagraph, "region of the state" means the established geographic
499		-	service area of the organization hosting the reception;
500		-	(L) A gift, including, but not limited to, food or beverage or both,
501		-	provided by an individual for the celebration of a major life event,
502		-	provided any such gift provided by an individual who is not a member
503		-	of the family of the recipient does not exceed one thousand dollars in
504		-	value;
505		-	(M) Gifts costing less than one hundred dollars in the aggregate or
506		-	food or beverage provided at a hospitality suite at a meeting or
507		-	conference of an interstate legislative association, by a person who is not
508		-	a registrant or is not doing business with the state of Connecticut;
509		-	(N) Admission to a charitable or civic event, including food and
510		-	beverage provided at such event, but excluding lodging or travel
511		-	expenses, at which a public official or state employee participates in his
512		-	or her official capacity, provided such admission is provided by the
513		-	primary sponsoring entity;
514		-	(O) Anything of value provided by an employer of (i) a public official,
515		-	(ii) a state employee, or (iii) a spouse of a public official or state
516		-	employee, to such official, employee or spouse, provided such benefits
517		-	are customarily and ordinarily provided to others in similar
518		-	circumstances;
519		-	(P) Anything having a value of not more than ten dollars, provided
520		-	the aggregate value of all things provided by a donor to a recipient
521		-	under this subdivision in any calendar year does not exceed fifty dollars;
522		-	or Substitute House Bill No. 6574
	383	+	state, which positions are designated as such by the agency concerned, 305
	384	+	in consultation with the Office of State Ethics. [, in consultation with the 306
	385	+	agency concerned. Designation of ] On or before November 1, 2021, and 307
	386	+	not less than annually thereafter, the Commissioner of Consumer 308
	387	+	Protection and the head of each agency concerned, or their designees, 309
	388	+	shall submit designations of all positions in existence on such date that 310
	389	+	are subject to the provisions of this subsection [shall be by regulations 311
	390	+	adopted by the Citizen's Ethics Advisory Board in accordance with 312
	391	+	chapter 54. As used in subsection (e) of this section, the term 313
	392	+	"employment" means professional services or other services rendered as 314
	393	+	an employee or as an independent contractor ] to the office 315
	394	+	electronically, in a manner prescribed by the Citizen's Ethics Advisory 316
	395	+	Board. If the department or agency concerned creates such a position 317
	396	+	after its annual submission under this subsection, the Commissioner of 318
	397	+	Consumer Protection or the head of such agency, as applicable, or their 319
	398	+	designees, shall submit the designation of the newly created position 320
	399	+	not later than thirty days after the creation of such position. 321
	400	+	(e) (1) No Department of Consumer Protection public official or state 322
	401	+	employee or other public official or state employee described in 323
	402	+	subdivision (2) of subsection (d) of this section [, in a position designated 324
	403	+	by the Office of State Ethics,] shall negotiate for, seek or accept 325
	404	+	employment with (A) a business entity (i) engaged in Indian gaming 326
	405	+	operations in the state, and (ii) in which a federally-recognized Indian 327
	406	+	tribe in the state owns a controlling interest, or (B) a governmental 328
	407	+	agency of a federally-recognized Indian tribe engaged in Indian gaming 329
	408	+	operations in the state. 330
	409	+	(2) No former Department of Consumer Protection public official or 331
	410	+	state employee or other former public official or state employee 332
	411	+	described in subdivision (2) of subsection (d) of this section, who held 333
	412	+	such a position shall, within two years after leaving such agency, accept 334
	413	+	employment with (A) a business entity (i) engaged in Indian gaming 335
	414	+	operations in the state, and (ii) in which a federally-recognized Indian 336
	415	+	tribe in the state owns a controlling interest, or (B) a governmental 337 Substitute Bill No. 6574
523	416
524		-	Public Act No. 21-164 17 of 19
525	417
526		-	(Q) Training that is provided by a vendor for a product purchased by
527		-	a state or quasi-public agency that is offered to all customers of such
528		-	vendor.
529		-	Sec. 13. Subsection (b) of section 1-93 of the general statutes is
530		-	repealed and the following is substituted in lieu thereof (Effective October
531		-	1, 2021):
532		-	(b) If a judge trial referee indicates that probable cause exists for the
533		-	violation of a provision of this part or section 1-101bb, the board shall
534		-	initiate hearings to determine whether there has been a violation of this
535		-	part or section 1-101bb. Any such hearing shall be initiated by the board
536		-	not later than thirty days after the finding of probable cause by a judge
537		-	trial referee and shall be concluded not later than ninety days after its
538		-	initiation, except that such thirty-day or ninety-day limitation period
539		-	shall not apply if the judge trial referee determines that good cause
540		-	exists for extending such limitation period. A judge trial referee, who
541		-	has not taken part in the probable cause determination on the matter
542		-	shall be assigned by the Chief Court Administrator and shall be
543		-	compensated in accordance with section 52-434 out of funds available to
544		-	the board. Such judge trial referee shall preside over such hearing and
545		-	rule on all issues concerning the application of the rules of evidence,
546		-	which shall be the same as in judicial proceedings. The judge trial referee
547		-	shall have no vote in any decision of the board. All hearings of the board
548		-	held pursuant to this subsection shall be open. At such hearing the
549		-	board shall have the same powers as the Office of State Ethics under
550		-	subsection (a) of this section and the respondent shall have the right to
551		-	be represented by legal counsel, to compel attendance of witnesses and
552		-	the production of books, documents, records and papers and to examine
553		-	and cross-examine witnesses. Not later than ten days prior to the
554		-	commencement of any hearing conducted pursuant to this subsection,
555		-	the Office of State Ethics shall provide the respondent with a list of its
556		-	intended witnesses. The judge trial referee shall, while engaged in the Substitute House Bill No. 6574
	418	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06574-
	419	+	R01-HB.docx }
	420	+	12 of 18
557	421
558		-	Public Act No. 21-164 18 of 19
	422	+	agency of a federally-recognized Indian tribe engaged in Indian gaming 338
	423	+	operations in the state. 339
	424	+	(3) As used in this subsection, "employment" means professional 340
	425	+	services or other services rendered as an employee or as an independent 341
	426	+	contractor. 342
	427	+	Sec. 10. Section 1-86e of the general statutes is repealed and the 343
	428	+	following is substituted in lieu thereof (Effective October 1, 2021): 344
	429	+	(a) No person hired by the state as a consultant or independent 345
	430	+	contractor, and no person employed by such consultant or independent 346
	431	+	contractor, shall: 347
	432	+	(1) Use the authority provided [to the person] under the contract, or 348
	433	+	any confidential information acquired in the performance of the 349
	434	+	contract, to obtain financial gain for the [person] consultant or 350
	435	+	independent contractor, an employee of the [person] consultant or 351
	436	+	independent contractor or a member of the immediate family of any 352
	437	+	such [person] consultant, independent contractor or employee; 353
	438	+	(2) Accept another state contract which would impair the 354
	439	+	independent judgment of the [person] consultant, independent 355
	440	+	contractor or employee in the performance of the existing contract; or 356
	441	+	(3) Accept anything of value based on an understanding that the 357
	442	+	actions of the [person] consultant, independent contractor or employee 358
	443	+	on behalf of the state would be influenced. 359
	444	+	(b) No person shall give anything of value to a person hired by the 360
	445	+	state as a consultant or independent contractor or an employee of a 361
	446	+	consultant or independent contractor based on an understanding that 362
	447	+	the actions of the consultant, [or] independent contractor or employee 363
	448	+	on behalf of the state would be influenced. 364
	449	+	Sec. 11. Subsection (a) of section 1-90a of the general statutes is 365
	450	+	repealed and the following is substituted in lieu thereof (Effective October 366 Substitute Bill No. 6574
559	451
560		-	discharge of the duties as provided in this subsection, have the same
561		-	authority as is provided in section 51-35 over witnesses who refuse to
562		-	obey a subpoena or to testify with respect to any matter upon which
563		-	such witness may be lawfully interrogated, and may commit any such
564		-	witness for contempt for a period no longer than thirty days. The Office
565		-	of State Ethics shall make a record of all proceedings pursuant to this
566		-	subsection. During the course of any such hearing, no ex-parte
567		-	communication shall occur between the board, or any of its members,
568		-	and: (1) The judge trial referee, or (2) any staff member of the
569		-	Enforcement Division of the Office of State Ethics, concerning the
570		-	complaint or the respondent. The board shall find no person in violation
571		-	of any provision of this part or section 1-101bb except upon the
572		-	concurring vote of two-thirds of its members present and voting. No
573		-	member of the board shall vote on the question of whether a violation
574		-	of any provision of this part or section 1-101bb has occurred unless such
575		-	member was physically present for the duration of any hearing held
576		-	pursuant to this subsection. Not later than [fifteen] forty-five days after
577		-	the public hearing conducted in accordance with this subsection, the
578		-	board shall publish its finding and a memorandum of the reasons
579		-	therefor. Such finding and memorandum shall be deemed to be the final
580		-	decision of the board on the matter for the purposes of chapter 54. The
581		-	respondent, if aggrieved by the finding and memorandum, may appeal
582		-	therefrom to the Superior Court in accordance with the provisions of
583		-	section 4-183.
584		-	Sec. 14. Subsection (b) of section 1-97 of the general statutes is
585		-	repealed and the following is substituted in lieu thereof (Effective October
586		-	1, 2021):
587		-	(b) No person shall employ, or be employed as, a lobbyist for
588		-	compensation [which] that is contingent upon the outcome of any
589		-	administrative or legislative action.
590		-	Sec. 15. Sections 1-80b to 1-80d, inclusive, 1-82b and 1-89a of the Substitute House Bill No. 6574
591	452
592		-	Public Act No. 21-164 19 of 19
	453	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06574-
	454	+	R01-HB.docx }
	455	+	13 of 18
593	456
594		-	general statutes are repealed. (Effective October 1, 2021)
	457	+	1, 2021): 367
	458	+	(a) Notwithstanding the provisions of sections 1-84, as amended by 368
	459	+	this act, 1-84a, 1-85 and 1-86, a public official or state employee of a 369
	460	+	public institution of higher education whose employment is derived 370
	461	+	from such official's or employee's status as a student at such institution 371
	462	+	shall not be subject to the provisions of said sections, if (1) such 372
	463	+	institution has adopted written policies and procedures to regulate 373
	464	+	student conduct concerning conflicts of interest relating to student 374
	465	+	holding of public office or state employment, and (2) such policies and 375
	466	+	procedures have been approved by the Citizen's Ethics Advisory Board 376
	467	+	in accordance with subsection (b) of this section. 377
	468	+	Sec. 12. Subdivision (7) of section 1-91 of the general statutes is 378
	469	+	repealed and the following is substituted in lieu thereof (Effective October 379
	470	+	1, 2021): 380
	471	+	(7) "Gift" means anything of value, which is directly and personally 381
	472	+	received, unless consideration of equal or greater value is given in 382
	473	+	return. "Gift" does not include: 383
	474	+	(A) A political contribution otherwise reported as required by law or 384
	475	+	a donation or payment described in subdivision (9) or (10) of subsection 385
	476	+	(b) of section 9-601a; 386
	477	+	(B) Services provided by persons volunteering their time, if provided 387
	478	+	to aid or promote the success or defeat of any political party, any 388
	479	+	candidate or candidates for public office or the position of convention 389
	480	+	delegate or town committee member or any referendum question; 390
	481	+	(C) A commercially reasonable loan made on terms not more 391
	482	+	favorable than loans made in the ordinary course of business; 392
	483	+	(D) A gift received from (i) the individual's spouse, fiancé or fiancée, 393
	484	+	(ii) the parent, grandparent, brother or sister of such spouse or such 394
	485	+	individual, or (iii) the child of such individual or the spouse of such 395
	486	+	child; 396 Substitute Bill No. 6574
595	487
	488	+
	489	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06574-
	490	+	R01-HB.docx }
	491	+	14 of 18
	492	+
	493	+	(E) Goods or services (i) that are provided to a state agency or quasi-397
	494	+	public agency (I) for use on state or quasi-public agency property, or (II) 398
	495	+	that support an event or the participation by a public official or state 399
	496	+	employee at an event, and (ii) that facilitate state or quasi-public agency 400
	497	+	action or functions. As used in this subparagraph, "state property" 401
	498	+	means property owned by the state or a quasi-public agency or property 402
	499	+	leased to a state or quasi-public agency; 403
	500	+	(F) A certificate, plaque or other ceremonial award costing less than 404
	501	+	one hundred dollars; 405
	502	+	(G) A rebate, discount or promotional item available to the general 406
	503	+	public; 407
	504	+	(H) Printed or recorded informational material germane to state 408
	505	+	action or functions; 409
	506	+	(I) Food or beverage or both, costing less than fifty dollars in the 410
	507	+	aggregate per recipient in a calendar year, and consumed on an occasion 411
	508	+	or occasions at which the person paying, directly or indirectly, for the 412
	509	+	food or beverage, or his representative, is in attendance; 413
	510	+	(J) Food or beverage or both, costing less than fifty dollars per person 414
	511	+	and consumed at a publicly noticed legislative reception to which all 415
	512	+	members of the General Assembly are invited and which is hosted not 416
	513	+	more than once in any calendar year by a lobbyist or business 417
	514	+	organization. For the purposes of such limit, (i) a reception hosted by a 418
	515	+	lobbyist who is an individual shall be deemed to have also been hosted 419
	516	+	by the business organization which he owns or is employed by, and (ii) 420
	517	+	a reception hosted by a business organization shall be deemed to have 421
	518	+	also been hosted by all owners and employees of the business 422
	519	+	organization who are lobbyists. In making the calculation for the 423
	520	+	purposes of such fifty-dollar limit, the donor shall divide the amount 424
	521	+	spent on food and beverage by the number of persons whom the donor 425
	522	+	reasonably expects to attend the reception; 426
	523	+	(K) Food or beverage or both, costing less than fifty dollars per person 427 Substitute Bill No. 6574
	524	+
	525	+
	526	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06574-
	527	+	R01-HB.docx }
	528	+	15 of 18
	529	+
	530	+	and consumed at a publicly noticed reception to which all members of 428
	531	+	the General Assembly from a region of the state are invited and which 429
	532	+	is hosted not more than once in any calendar year by a lobbyist or 430
	533	+	business organization. For the purposes of such limit, (i) a reception 431
	534	+	hosted by a lobbyist who is an individual shall be deemed to have also 432
	535	+	been hosted by the business organization which he owns or is employed 433
	536	+	by, and (ii) a reception hosted by a business organization shall be 434
	537	+	deemed to have also been hosted by all owners and employees of the 435
	538	+	business organization who are lobbyists. In making the calculation for 436
	539	+	the purposes of such fifty-dollar limit, the donor shall divide the amount 437
	540	+	spent on food and beverage by the number of persons whom the donor 438
	541	+	reasonably expects to attend the reception. As used in this 439
	542	+	subparagraph, "region of the state" means the established geographic 440
	543	+	service area of the organization hosting the reception; 441
	544	+	(L) A gift, including, but not limited to, food or beverage or both, 442
	545	+	provided by an individual for the celebration of a major life event, 443
	546	+	provided any such gift provided by an individual who is not a member 444
	547	+	of the family of the recipient does not exceed one thousand dollars in 445
	548	+	value; 446
	549	+	(M) Gifts costing less than one hundred dollars in the aggregate or 447
	550	+	food or beverage provided at a hospitality suite at a meeting or 448
	551	+	conference of an interstate legislative association, by a person who is not 449
	552	+	a registrant or is not doing business with the state of Connecticut; 450
	553	+	(N) Admission to a charitable or civic event, including food and 451
	554	+	beverage provided at such event, but excluding lodging or travel 452
	555	+	expenses, at which a public official or state employee participates in his 453
	556	+	or her official capacity, provided such admission is provided by the 454
	557	+	primary sponsoring entity; 455
	558	+	(O) Anything of value provided by an employer of (i) a public official, 456
	559	+	(ii) a state employee, or (iii) a spouse of a public official or state 457
	560	+	employee, to such official, employee or spouse, provided such benefits 458
	561	+	are customarily and ordinarily provided to others in similar 459 Substitute Bill No. 6574
	562	+
	563	+
	564	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06574-
	565	+	R01-HB.docx }
	566	+	16 of 18
	567	+
	568	+	circumstances; 460
	569	+	(P) Anything having a value of not more than ten dollars, provided 461
	570	+	the aggregate value of all things provided by a donor to a recipient 462
	571	+	under this subdivision in any calendar year does not exceed fifty dollars; 463
	572	+	or 464
	573	+	(Q) Training that is provided by a vendor for a product purchased by 465
	574	+	a state or quasi-public agency that is offered to all customers of such 466
	575	+	vendor. 467
	576	+	Sec. 13. Subsection (b) of section 1-93 of the general statutes is 468
	577	+	repealed and the following is substituted in lieu thereof (Effective October 469
	578	+	1, 2021): 470
	579	+	(b) If a judge trial referee indicates that probable cause exists for the 471
	580	+	violation of a provision of this part or section 1-101bb, the board shall 472
	581	+	initiate hearings to determine whether there has been a violation of this 473
	582	+	part or section 1-101bb. Any such hearing shall be initiated by the board 474
	583	+	not later than thirty days after the finding of probable cause by a judge 475
	584	+	trial referee and shall be concluded not later than ninety days after its 476
	585	+	initiation, except that such thirty-day or ninety-day limitation period 477
	586	+	shall not apply if the judge trial referee determines that good cause 478
	587	+	exists for extending such limitation period. A judge trial referee, who 479
	588	+	has not taken part in the probable cause determination on the matter 480
	589	+	shall be assigned by the Chief Court Administrator and shall be 481
	590	+	compensated in accordance with section 52-434 out of funds available to 482
	591	+	the board. Such judge trial referee shall preside over such hearing and 483
	592	+	rule on all issues concerning the application of the rules of evidence, 484
	593	+	which shall be the same as in judicial proceedings. The judge trial referee 485
	594	+	shall have no vote in any decision of the board. All hearings of the board 486
	595	+	held pursuant to this subsection shall be open. At such hearing the 487
	596	+	board shall have the same powers as the Office of State Ethics under 488
	597	+	subsection (a) of this section and the respondent shall have the right to 489
	598	+	be represented by legal counsel, to compel attendance of witnesses and 490
	599	+	the production of books, documents, records and papers and to examine 491 Substitute Bill No. 6574
	600	+
	601	+
	602	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06574-
	603	+	R01-HB.docx }
	604	+	17 of 18
	605	+
	606	+	and cross-examine witnesses. Not later than ten days prior to the 492
	607	+	commencement of any hearing conducted pursuant to this subsection, 493
	608	+	the Office of State Ethics shall provide the respondent with a list of its 494
	609	+	intended witnesses. The judge trial referee shall, while engaged in the 495
	610	+	discharge of the duties as provided in this subsection, have the same 496
	611	+	authority as is provided in section 51-35 over witnesses who refuse to 497
	612	+	obey a subpoena or to testify with respect to any matter upon which 498
	613	+	such witness may be lawfully interrogated, and may commit any such 499
	614	+	witness for contempt for a period no longer than thirty days. The Office 500
	615	+	of State Ethics shall make a record of all proceedings pursuant to this 501
	616	+	subsection. During the course of any such hearing, no ex-parte 502
	617	+	communication shall occur between the board, or any of its members, 503
	618	+	and: (1) The judge trial referee, or (2) any staff member of the 504
	619	+	Enforcement Division of the Office of State Ethics, concerning the 505
	620	+	complaint or the respondent. The board shall find no person in violation 506
	621	+	of any provision of this part or section 1-101bb except upon the 507
	622	+	concurring vote of two-thirds of its members present and voting. No 508
	623	+	member of the board shall vote on the question of whether a violation 509
	624	+	of any provision of this part or section 1-101bb has occurred unless such 510
	625	+	member was physically present for the duration of any hearing held 511
	626	+	pursuant to this subsection. Not later than [fifteen] forty-five days after 512
	627	+	the public hearing conducted in accordance with this subsection, the 513
	628	+	board shall publish its finding and a memorandum of the reasons 514
	629	+	therefor. Such finding and memorandum shall be deemed to be the final 515
	630	+	decision of the board on the matter for the purposes of chapter 54. The 516
	631	+	respondent, if aggrieved by the finding and memorandum, may appeal 517
	632	+	therefrom to the Superior Court in accordance with the provisions of 518
	633	+	section 4-183. 519
	634	+	Sec. 14. Subsection (b) of section 1-97 of the general statutes is 520
	635	+	repealed and the following is substituted in lieu thereof (Effective October 521
	636	+	1, 2021): 522
	637	+	(b) No person shall employ, or be employed as, a lobbyist for 523
	638	+	compensation [which] that is contingent upon the outcome of any 524 Substitute Bill No. 6574
	639	+
	640	+
	641	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06574-
	642	+	R01-HB.docx }
	643	+	18 of 18
	644	+
	645	+	administrative or legislative action. 525
	646	+	Sec. 15. Sections 1-80b to 1-80d, inclusive, 1-82b and 1-89a of the 526
	647	+	general statutes are repealed. (Effective October 1, 2021) 527
	648	+	This act shall take effect as follows and shall amend the following
	649	+	sections:
	650	+
	651	+	Section 1 October 1, 2021 1-79(5)
	652	+	Sec. 2 July 1, 2021 1-79(12)
	653	+	Sec. 3 October 1, 2021 1-79
	654	+	Sec. 4 October 1, 2021 1-81(c)
	655	+	Sec. 5 October 1, 2021 1-81(g)
	656	+	Sec. 6 October 1, 2021 1-82(b)
	657	+	Sec. 7 October 1, 2021 1-83(a)
	658	+	Sec. 8 October 1, 2021 1-84(o)
	659	+	Sec. 9 October 1, 2021 1-84b(c) to (e)
	660	+	Sec. 10 October 1, 2021 1-86e
	661	+	Sec. 11 October 1, 2021 1-90a(a)
	662	+	Sec. 12 October 1, 2021 1-91(7)
	663	+	Sec. 13 October 1, 2021 1-93(b)
	664	+	Sec. 14 October 1, 2021 1-97(b)
	665	+	Sec. 15 October 1, 2021 Repealer section
	666	+
	667	+	Statement of Legislative Commissioners:
	668	+	In Section 9(d), references to "Commissioner of Consumer Protection"
	669	+	and "department" were added for consistency.
	670	+
	671	+	GAE Joint Favorable Subst.
596	672