LCO No. 3028 1 of 14 General Assembly Raised Bill No. 434 February Session, 2024 LCO No. 3028 Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS Introduced by: (GAE) AN ACT INCREASING VARIOUS MONETARY THRESHOLDS UNDER THE STATE CODES OF ETHICS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subdivision (5) of section 1-79 of the 2024 supplement to 1 the general statutes is repealed and the following is substituted in lieu 2 thereof (Effective October 1, 2024): 3 (5) "Gift" means anything of value, which is directly and personally 4 received, unless consideration of equal or greater value is given in 5 return. "Gift" does not include: 6 (A) A political contribution otherwise reported as required by law or 7 a donation or payment as described in subdivision (9) or (10) of 8 subsection (b) of section 9-601a; 9 (B) Services provided by persons volunteering their time, if provided 10 to aid or promote the success or defeat of any political party, any 11 candidate or candidates for public office or the position of convention 12 delegate or town committee member or any referendum question; 13 Raised Bill No. 434 LCO No. 3028 2 of 14 (C) A commercially reasonable loan made on terms not more 14 favorable than loans made in the ordinary course of business; 15 (D) A gift received from (i) an individual's spouse, fiancé or fiancée, 16 (ii) the parent, grandparent, brother or sister of such spouse or such 17 individual, or (iii) the child of such individual or the spouse of such 18 child; 19 (E) Goods or services (i) that are provided to a state agency or quasi-20 public agency (I) for use on state or quasi-public agency property, or (II) 21 that support an event or the participation by a public official or state 22 employee at an event, and (ii) that facilitate state or quasi-public agency 23 action or functions. As used in this subparagraph, "state property" 24 means property owned by the state or a quasi-public agency or property 25 leased to a state agency or quasi-public agency; 26 (F) A certificate, plaque or other ceremonial award costing less than 27 [one] two hundred dollars; 28 (G) A rebate, discount or promotional item available to the general 29 public; 30 (H) Printed or recorded informational material germane to state 31 action or functions; 32 (I) Food or beverage or both, costing less than [fifty] one hundred 33 dollars in the aggregate per recipient in a calendar year, and consumed 34 on an occasion or occasions at which the person paying, directly or 35 indirectly, for the food or beverage, or [his] such person's representative, 36 is in attendance; 37 (J) Food or beverage or both, costing less than [fifty] one hundred 38 dollars per person and consumed at a publicly noticed legislative 39 reception to which all members of the General Assembly are invited and 40 which is hosted not more than once in any calendar year by a lobbyist 41 or business organization. For the purposes of such limit, (i) a reception 42 hosted by a lobbyist who is an individual shall be deemed to have also 43 Raised Bill No. 434 LCO No. 3028 3 of 14 been hosted by the business organization which such lobbyist owns or 44 is employed by, and (ii) a reception hosted by a business organization 45 shall be deemed to have also been hosted by all owners and employees 46 of the business organization who are lobbyists. In making the 47 calculation for the purposes of such [fifty-dollar] one-hundred-dollar 48 limit, the donor shall divide the amount spent on food and beverage by 49 the number of persons whom the donor reasonably expects to attend the 50 reception; 51 (K) Food or beverage or both, costing less than [fifty] one hundred 52 dollars per person and consumed at a publicly noticed reception to 53 which all members of the General Assembly from a region of the state 54 are invited and which is hosted not more than once in any calendar year 55 by a lobbyist or business organization. For the purposes of such limit, (i) 56 a reception hosted by a lobbyist who is an individual shall be deemed 57 to have also been hosted by the business organization which such 58 lobbyist owns or is employed by, and (ii) a reception hosted by a 59 business organization shall be deemed to have also been hosted by all 60 owners and employees of the business organization who are lobbyists. 61 In making the calculation for the purposes of such [fifty-dollar] one-62 hundred-dollar limit, the donor shall divide the amount spent on food 63 and beverage by the number of persons whom the donor reasonably 64 expects to attend the reception. As used in this subparagraph, "region of 65 the state" means the established geographic service area of the 66 organization hosting the reception; 67 (L) A gift, including, but not limited to, food or beverage or both, 68 provided by an individual for the celebration of a major life event, 69 provided any such gift provided by an individual who is not a member 70 of the family of the recipient does not exceed one thousand five hundred 71 dollars in value; 72 (M) Gifts costing less than [one] two hundred dollars in the aggregate 73 or food or beverage provided at a hospitality suite at a meeting or 74 conference of an interstate legislative association, by a person who is not 75 a registrant or is not doing business with the state of Connecticut; 76 Raised Bill No. 434 LCO No. 3028 4 of 14 (N) Admission to a charitable or civic event, including food and 77 beverage provided at such event, but excluding lodging or travel 78 expenses, at which a public official or state employee participates in his 79 or her official capacity, provided such admission is provided by the 80 primary sponsoring entity; 81 (O) Anything of value provided by an employer of (i) a public official, 82 (ii) a state employee, or (iii) a spouse of a public official or state 83 employee, to such official, employee or spouse, provided such benefits 84 are customarily and ordinarily provided to others in similar 85 circumstances; 86 (P) Anything having a value of not more than [ten] twenty dollars, 87 provided the aggregate value of all things provided by a donor to a 88 recipient under this subdivision in any calendar year does not exceed 89 [fifty] one hundred dollars; 90 (Q) Training that is provided by a vendor for a product purchased by 91 a state or quasi-public agency that is offered to all customers of such 92 vendor; 93 (R) Travel expenses, lodging, food, beverage and other benefits 94 customarily provided by a prospective employer, when provided to a 95 student at a public institution of higher education whose employment 96 is derived from such student's status as a student at such institution, in 97 connection with bona fide employment discussions; or 98 (S) Expenses of a public official, paid by the party committee of which 99 party such official is a member, for the purpose of accomplishing the 100 lawful purposes of the committee. As used in this subparagraph, "party 101 committee" has the same meaning as provided in subdivision (2) of 102 section 9-601 and "lawful purposes of the committee" has the same 103 meaning as provided in subsection (g) of section 9-607. 104 Sec. 2. Subsection (i) of section 1-84 of the 2024 supplement to the 105 general statutes is repealed and the following is substituted in lieu 106 thereof (Effective October 1, 2024): 107 Raised Bill No. 434 LCO No. 3028 5 of 14 (i) (1) No public official or state employee or member of the official 108 or employee's immediate family or a business with which he is 109 associated shall enter into any contract with the state, valued at [one] 110 two hundred dollars or more, other than a contract (A) of employment 111 as a state employee, (B) with the Technical Education and Career System 112 for students enrolled in a school in the system to perform services in 113 conjunction with vocational, technical, technological or postsecondary 114 education and training any such student is receiving at a school in the 115 system, subject to the review process under subdivision (2) of this 116 subsection, (C) with a public institution of higher education to support 117 a collaboration with such institution to develop and commercialize any 118 invention or discovery, or (D) pursuant to a court appointment, unless 119 the contract has been awarded through an open and public process, 120 including prior public offer and subsequent public disclosure of all 121 proposals considered and the contract awarded. In no event shall an 122 executive head of an agency, as defined in section 4-166, including a 123 commissioner of a department, or an executive head of a quasi-public 124 agency, or the executive head's immediate family or a business with 125 which he is associated enter into any contract with that agency or quasi-126 public agency. Nothing in this subsection shall be construed as applying 127 to any public official who is appointed as a member of the executive 128 branch or as a member or director of a quasi-public agency and who 129 receives no compensation other than per diem payments or 130 reimbursement for actual or necessary expenses, or both, incurred in the 131 performance of the public official's duties unless such public official has 132 authority or control over the subject matter of the contract. Any contract 133 made in violation of this subsection shall be voidable by a court of 134 competent jurisdiction if the suit is commenced not later than one 135 hundred eighty days after the making of the contract. 136 (2) The superintendent of the Technical Education and Career System 137 shall establish an open and transparent process to review any contract 138 entered into under subparagraph (B) of subdivision (1) of this 139 subsection. 140 Sec. 3. Subsection (o) of section 1-84 of the 2024 supplement to the 141 Raised Bill No. 434 LCO No. 3028 6 of 14 general statutes is repealed and the following is substituted in lieu 142 thereof (Effective October 1, 2024): 143 (o) If (1) any person (A) is doing business with or seeking to do 144 business with the department or agency in which a public official or 145 state employee is employed, or (B) is engaged in activities which are 146 directly regulated by such department or agency, and (2) such person or 147 a representative of such person gives to such public official or state 148 employee anything having a value of more than [ten] twenty dollars, 149 such person or representative shall, not later than ten days thereafter, 150 give such recipient and the executive head of the recipient's department 151 or agency a written report stating the name of the donor, a description 152 of the item or items given, the value of such items and the cumulative 153 value of all items given to such recipient during that calendar year. The 154 provisions of this subsection shall not apply to a political contribution 155 otherwise reported as required by law. 156 Sec. 4. Subdivision (6) of section 1-91 of the 2024 supplement to the 157 general statutes is repealed and the following is substituted in lieu 158 thereof (Effective October 1, 2024): 159 (6) "Expenditure" means any advance, conveyance, deposit, 160 distribution, transfer of funds, loan, payment, unless expressly 161 excluded; any payments for telephone, mailing, postage, printing and 162 other clerical or office services and materials; any paid communications, 163 costing [fifty] one hundred dollars or more in any calendar year, 164 disseminated by means of any printing, broadcasting or other medium, 165 provided such communications refer to pending administrative or 166 legislative action; any contract, agreement, promise or other obligation; 167 any solicitation or solicitations, costing [fifty] one hundred dollars or 168 more in the aggregate for any calendar year, of other persons to 169 communicate with a public official or state employee for the purpose of 170 influencing any legislative or administrative act and any pledge, 171 subscription of money or anything of value. "Expenditure" does not 172 include (A) the payment of a registrant's fee pursuant to section 1-95, (B) 173 any expenditure made by any club, committee, partnership, 174 Raised Bill No. 434 LCO No. 3028 7 of 14 organization, business, union, association or corporation for the 175 purpose of publishing a newsletter or other release intended primarily 176 for its members, shareholders or employees, whether in written or 177 electronic form or made orally during a regularly noticed meeting, (C) 178 any expenditure made by any club, committee, partnership, 179 organization, business, union, association or corporation for the 180 purpose of transporting its members, shareholders or employees to or 181 from a specific site, where such members, shareholders or employees 182 received no other compensation or reimbursement for lobbying from 183 such club, committee, partnership, organization, business, union, 184 association or corporation, or (D) contributions, membership dues or 185 other fees paid to associations, nonstock corporations or tax-exempt 186 organizations under Section 501(c) of the Internal Revenue Code of 1986, 187 or any subsequent corresponding internal revenue code of the United 188 States, as from time to time amended. 189 Sec. 5. Subdivision (7) of section 1-91 of the 2024 supplement to the 190 general statutes is repealed and the following is substituted in lieu 191 thereof (Effective October 1, 2024): 192 (7) "Gift" means anything of value, which is directly and personally 193 received, unless consideration of equal or greater value is given in 194 return. "Gift" does not include: 195 (A) A political contribution otherwise reported as required by law or 196 a donation or payment described in subdivision (9) or (10) of subsection 197 (b) of section 9-601a; 198 (B) Services provided by persons volunteering their time, if provided 199 to aid or promote the success or defeat of any political party, any 200 candidate or candidates for public office or the position of convention 201 delegate or town committee member or any referendum question; 202 (C) A commercially reasonable loan made on terms not more 203 favorable than loans made in the ordinary course of business; 204 (D) A gift received from (i) the individual's spouse, fiancé or fiancée, 205 Raised Bill No. 434 LCO No. 3028 8 of 14 (ii) the parent, grandparent, brother or sister of such spouse or such 206 individual, or (iii) the child of such individual or the spouse of such 207 child; 208 (E) Goods or services (i) that are provided to a state agency or quasi-209 public agency (I) for use on state or quasi-public agency property, or (II) 210 that support an event or the participation by a public official or state 211 employee at an event, and (ii) that facilitate state or quasi-public agency 212 action or functions. As used in this subparagraph, "state property" 213 means property owned by the state or a quasi-public agency or property 214 leased to a state or quasi-public agency; 215 (F) A certificate, plaque or other ceremonial award costing less than 216 [one] two hundred dollars; 217 (G) A rebate, discount or promotional item available to the general 218 public; 219 (H) Printed or recorded informational material germane to state 220 action or functions; 221 (I) Food or beverage or both, costing less than [fifty] one hundred 222 dollars in the aggregate per recipient in a calendar year, and consumed 223 on an occasion or occasions at which the person paying, directly or 224 indirectly, for the food or beverage, or [his] such person's representative, 225 is in attendance; 226 (J) Food or beverage or both, costing less than [fifty] one hundred 227 dollars per person and consumed at a publicly noticed legislative 228 reception to which all members of the General Assembly are invited and 229 which is hosted not more than once in any calendar year by a lobbyist 230 or business organization. For the purposes of such limit, (i) a reception 231 hosted by a lobbyist who is an individual shall be deemed to have also 232 been hosted by the business organization which [he] such lobbyist owns 233 or is employed by, and (ii) a reception hosted by a business organization 234 shall be deemed to have also been hosted by all owners and employees 235 of the business organization who are lobbyists. In making the 236 Raised Bill No. 434 LCO No. 3028 9 of 14 calculation for the purposes of such [fifty-dollar] one-hundred-dollar 237 limit, the donor shall divide the amount spent on food and beverage by 238 the number of persons whom the donor reasonably expects to attend the 239 reception; 240 (K) Food or beverage or both, costing less than [fifty] one hundred 241 dollars per person and consumed at a publicly noticed reception to 242 which all members of the General Assembly from a region of the state 243 are invited and which is hosted not more than once in any calendar year 244 by a lobbyist or business organization. For the purposes of such limit, (i) 245 a reception hosted by a lobbyist who is an individual shall be deemed 246 to have also been hosted by the business organization which [he] such 247 lobbyist owns or is employed by, and (ii) a reception hosted by a 248 business organization shall be deemed to have also been hosted by all 249 owners and employees of the business organization who are lobbyists. 250 In making the calculation for the purposes of such [fifty-dollar] one-251 hundred-dollar limit, the donor shall divide the amount spent on food 252 and beverage by the number of persons whom the donor reasonably 253 expects to attend the reception. As used in this subparagraph, "region of 254 the state" means the established geographic service area of the 255 organization hosting the reception; 256 (L) A gift, including, but not limited to, food or beverage or both, 257 provided by an individual for the celebration of a major life event, 258 provided any such gift provided by an individual who is not a member 259 of the family of the recipient does not exceed one thousand five hundred 260 dollars in value; 261 (M) Gifts costing less than [one] two hundred dollars in the aggregate 262 or food or beverage provided at a hospitality suite at a meeting or 263 conference of an interstate legislative association, by a person who is not 264 a registrant or is not doing business with the state of Connecticut; 265 (N) Admission to a charitable or civic event, including food and 266 beverage provided at such event, but excluding lodging or travel 267 expenses, at which a public official or state employee participates in his 268 Raised Bill No. 434 LCO No. 3028 10 of 14 or her official capacity, provided such admission is provided by the 269 primary sponsoring entity; 270 (O) Anything of value provided by an employer of (i) a public official, 271 (ii) a state employee, or (iii) a spouse of a public official or state 272 employee, to such official, employee or spouse, provided such benefits 273 are customarily and ordinarily provided to others in similar 274 circumstances; 275 (P) Anything having a value of not more than [ten] twenty dollars, 276 provided the aggregate value of all things provided by a donor to a 277 recipient under this subdivision in any calendar year does not exceed 278 [fifty] one hundred dollars; or 279 (Q) Training that is provided by a vendor for a product purchased by 280 a state or quasi-public agency that is offered to all customers of such 281 vendor. 282 Sec. 6. Subdivision (12) of section 1-91 of the 2024 supplement to the 283 general statutes is repealed and the following is substituted in lieu 284 thereof (Effective October 1, 2024): 285 (12) "Lobbyist" means a person who in lobbying and in furtherance 286 of lobbying makes or agrees to make expenditures, or receives or agrees 287 to receive compensation, reimbursement, or both, and such 288 compensation, reimbursement or expenditures are three thousand 289 dollars or more in any calendar year or the combined amount thereof is 290 three thousand dollars or more in any such calendar year. "Lobbyist" 291 does not include: 292 (A) A public official, employee of a branch of state government or a 293 subdivision thereof, including an official or employee of a quasi-public 294 agency, or elected or appointed official of a municipality or his or her 295 designee other than an independent contractor, who is acting within the 296 scope of his or her authority or employment; 297 (B) A publisher, owner or an employee of the press, radio or 298 Raised Bill No. 434 LCO No. 3028 11 of 14 television while disseminating news or editorial comment to the general 299 public in the ordinary course of business; 300 (C) An individual representing himself or herself or another person 301 before the legislature or a state agency other than for the purpose of 302 influencing legislative or administrative action; 303 (D) Any individual or employee who receives no compensation or 304 reimbursement specifically for lobbying and who limits his activities 305 solely to formal appearances to give testimony before public sessions of 306 committees of the General Assembly or public hearings of state agencies 307 and who, if he or she testifies, registers his or her appearance in the 308 records of such committees or agencies; 309 (E) A member of an advisory board acting within the scope of his or 310 her appointment; 311 (F) A senator or representative in Congress acting within the scope of 312 his or her office; 313 (G) Any person who receives no compensation or reimbursement 314 specifically for lobbying and who spends no more than five hours in 315 furtherance of lobbying unless such person (i) exclusive of salary, 316 receives compensation or makes expenditures, or both, of three 317 thousand dollars or more in any calendar year for lobbying or the 318 combined amount thereof is three thousand dollars or more in any such 319 calendar year, or (ii) expends [fifty] one hundred dollars or more for the 320 benefit of a public official in the legislative or executive branch, a 321 member of his or her staff or immediate family; 322 (H) A communicator lobbyist who receives or agrees to receive 323 compensation, reimbursement, or both, the aggregate amount of which 324 is less than three thousand dollars from each client in any calendar year. 325 Sec. 7. Subsection (a) of section 1-96 of the general statutes is repealed 326 and the following is substituted in lieu thereof (Effective October 1, 2024): 327 (a) Each client lobbyist registrant shall file with the Office of State 328 Raised Bill No. 434 LCO No. 3028 12 of 14 Ethics between the first and tenth day of April, July and January a 329 financial report, signed under penalty of false statement. The April and 330 July reports shall cover its lobbying activities during the previous 331 calendar quarter and the January report shall cover its lobbying 332 activities during the previous two calendar quarters. In addition to such 333 reports, each client lobbyist registrant which attempts to influence 334 legislative action shall file, under penalty of false statement, interim 335 monthly reports of its lobbying activities for each month the General 336 Assembly is in regular session, except that no monthly report shall be 337 required for any month in which it neither expends nor agrees to expend 338 [one] two hundred dollars or more in furtherance of lobbying. Such 339 interim monthly reports shall be filed with the Office of State Ethics no 340 later than the tenth day of the month following the last day of the month 341 reported. If the client lobbyist registrant is not an individual, an 342 authorized officer or agent of the client lobbyist registrant shall sign the 343 form. A communicator lobbyist for a municipality or any subdivision of 344 a municipality shall file the reports described in this subsection utilizing 345 the client lobbyist reporting schedule. 346 Sec. 8. Subsection (e) of section 1-96 of the general statutes is repealed 347 and the following is substituted in lieu thereof (Effective October 1, 2024): 348 (e) Each client lobbyist registrant financial report shall be on a form 349 prescribed by the board and shall state expenditures made and the 350 fundamental terms of contracts, agreements or promises to pay 351 compensation or reimbursement or to make expenditures in furtherance 352 of lobbying. Any such fundamental terms shall be reported once in the 353 monthly, quarterly or post-termination report next following the 354 entering into of such contract. Such financial report shall include an 355 itemized statement of each expenditure of [ten] twenty dollars or more 356 per person for each occasion made by the reporting registrant or a group 357 of registrants which includes the reporting registrant for the benefit of a 358 public official in the legislative or executive branch, a member of his 359 staff or immediate family, itemized by date, beneficiary, amount and 360 circumstances of the transaction. The requirement of an itemized 361 statement shall not apply to an expenditure made by a reporting 362 Raised Bill No. 434 LCO No. 3028 13 of 14 registrant or a group of registrants which includes the reporting 363 registrant for (1) the benefit of the members of the General Assembly at 364 an event that is a reception to which all such members are invited or all 365 members of a region of the state, as such term is used in subparagraph 366 (K) of subdivision (7) of section 1-91, as amended by this act, are invited, 367 unless the expenditure is [thirty] sixty dollars or more per person, or (2) 368 benefits personally and directly received by a public official or state 369 employee at a charitable or civic event at which the public official or 370 state employee participates in his official capacity, unless the 371 expenditure is [thirty] sixty dollars or more per person, per event. If the 372 compensation is required to be reported for an individual whose 373 lobbying is incidental to his or her regular employment, it shall be 374 sufficient to report a prorated amount based on the value of the time 375 devoted to lobbying. On the first financial report following registration 376 each client lobbyist registrant shall include any expenditures incident to 377 lobbying activities that were received or expended prior to registration 378 and not previously reported to the Office of State Ethics. 379 Sec. 9. Subsection (g) of section 1-96 of the general statutes is repealed 380 and the following is substituted in lieu thereof (Effective October 1, 2024): 381 (g) Each former registrant shall (1) report receipts or expenditures 382 incident to lobbying activities during [his] such registrant's period of 383 registration which are received or expended following termination of 384 registration and (2) report each expenditure of [ten] twenty dollars or 385 more per person for each occasion made by [him] such registrant for the 386 benefit of a public official or a member of such official's immediate 387 family or staff which occurs within six months after termination of 388 registration. 389 Sec. 10. Subsection (a) of section 1-96a of the general statutes is 390 repealed and the following is substituted in lieu thereof (Effective October 391 1, 2024): 392 (a) Each registrant shall obtain and preserve all accounts, bills, 393 receipts and other documents necessary to substantiate the financial 394 Raised Bill No. 434 LCO No. 3028 14 of 14 reports required by section 1-96, as amended by this act, for a period of 395 three years from the date of the filing of the report referring to such 396 financial matters, provided this section shall apply to each expenditure 397 for the benefit of a public official of [ten] twenty dollars or more and all 398 other expenditures of [fifty] one hundred dollars or more. 399 Sec. 11. Section 1-96e of the general statutes is repealed and the 400 following is substituted in lieu thereof (Effective October 1, 2024): 401 Each registrant who pays or reimburses a public official or state 402 employee [ten] twenty dollars or more for necessary expenses, as 403 defined in section 1-79, as amended by this act, shall, within forty-five 404 days, file a statement with the Office of State Ethics indicating the name 405 of such individual and the amount of the expenses. 406 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2024 1-79(5) Sec. 2 October 1, 2024 1-84(i) Sec. 3 October 1, 2024 1-84(o) Sec. 4 October 1, 2024 1-91(6) Sec. 5 October 1, 2024 1-91(7) Sec. 6 October 1, 2024 1-91(12) Sec. 7 October 1, 2024 1-96(a) Sec. 8 October 1, 2024 1-96(e) Sec. 9 October 1, 2024 1-96(g) Sec. 10 October 1, 2024 1-96a(a) Sec. 11 October 1, 2024 1-96e Statement of Purpose: To increase various monetary thresholds for violations under the state codes of ethics. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]