Connecticut 2024 Regular Session

Connecticut Senate Bill SB00434 Latest Draft

Bill / Comm Sub Version Filed 04/15/2024

                             
 
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General Assembly  Substitute Bill No. 434  
February Session, 2024 
 
 
 
 
 
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the general statutes is repealed and the following is substituted in lieu 2 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 
(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  Substitute Bill No. 434 
 
 
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(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 fifty 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 
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  Substitute Bill No. 434 
 
 
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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 fifty dollars in the 73 
aggregate or food or beverage provided at a hospitality suite at a 74 
meeting or conference of an interstate legislative association, by a 75 
person who is not a registrant or is not doing business with the state of 76 
Connecticut; 77 
(N) Admission to a charitable or civic event, including food and 78 
beverage provided at such event, but excluding lodging or travel 79  Substitute Bill No. 434 
 
 
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expenses, at which a public official or state employee participates in his 80 
or her official capacity, provided such admission is provided by the 81 
primary sponsoring entity; 82 
(O) Anything of value provided by an employer of (i) a public official, 83 
(ii) a state employee, or (iii) a spouse of a public official or state 84 
employee, to such official, employee or spouse, provided such benefits 85 
are customarily and ordinarily provided to others in similar 86 
circumstances; 87 
(P) Anything having a value of not more than [ten] twenty dollars, 88 
provided the aggregate value of all things provided by a donor to a 89 
recipient under this subdivision in any calendar year does not exceed 90 
[fifty] one hundred dollars; 91 
(Q) Training that is provided by a vendor for a product purchased by 92 
a state or quasi-public agency that is offered to all customers of such 93 
vendor; 94 
(R) Travel expenses, lodging, food, beverage and other benefits 95 
customarily provided by a prospective employer, when provided to a 96 
student at a public institution of higher education whose employment 97 
is derived from such student's status as a student at such institution, in 98 
connection with bona fide employment discussions; or 99 
(S) Expenses of a public official, paid by the party committee of which 100 
party such official is a member, for the purpose of accomplishing the 101 
lawful purposes of the committee. As used in this subparagraph, "party 102 
committee" has the same meaning as provided in subdivision (2) of 103 
section 9-601 and "lawful purposes of the committee" has the same 104 
meaning as provided in subsection (g) of section 9-607. 105 
Sec. 2. Subsection (i) of section 1-84 of the 2024 supplement to the 106 
general statutes is repealed and the following is substituted in lieu 107 
thereof (Effective October 1, 2024): 108 
(i) (1) No public official or state employee or member of the official 109  Substitute Bill No. 434 
 
 
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or employee's immediate family or a business with which he is 110 
associated shall enter into any contract with the state, valued at [one] 111 
two hundred fifty dollars or more, other than a contract (A) of 112 
employment as a state employee, (B) with the Technical Education and 113 
Career System for students enrolled in a school in the system to perform 114 
services in conjunction with vocational, technical, technological or 115 
postsecondary education and training any such student is receiving at a 116 
school in the system, subject to the review process under subdivision (2) 117 
of this subsection, (C) with a public institution of higher education to 118 
support a collaboration with such institution to develop and 119 
commercialize any invention or discovery, or (D) pursuant to a court 120 
appointment, unless the contract has been awarded through an open 121 
and public process, including prior public offer and subsequent public 122 
disclosure of all proposals considered and the contract awarded. In no 123 
event shall an executive head of an agency, as defined in section 4-166, 124 
including a commissioner of a department, or an executive head of a 125 
quasi-public agency, or the executive head's immediate family or a 126 
business with which he is associated enter into any contract with that 127 
agency or quasi-public agency. Nothing in this subsection shall be 128 
construed as applying to any public official who is appointed as a 129 
member of the executive branch or as a member or director of a quasi-130 
public agency and who receives no compensation other than per diem 131 
payments or reimbursement for actual or necessary expenses, or both, 132 
incurred in the performance of the public official's duties unless such 133 
public official has authority or control over the subject matter of the 134 
contract. Any contract made in violation of this subsection shall be 135 
voidable by a court of competent jurisdiction if the suit is commenced 136 
not later than one hundred eighty days after the making of the contract. 137 
(2) The superintendent of the Technical Education and Career System 138 
shall establish an open and transparent process to review any contract 139 
entered into under subparagraph (B) of subdivision (1) of this 140 
subsection. 141 
Sec. 3. Subsection (o) of section 1-84 of the 2024 supplement to the 142 
general statutes is repealed and the following is substituted in lieu 143  Substitute Bill No. 434 
 
 
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thereof (Effective October 1, 2024): 144 
(o) If (1) any person (A) is doing business with or seeking to do 145 
business with the department or agency in which a public official or 146 
state employee is employed, or (B) is engaged in activities which are 147 
directly regulated by such department or agency, and (2) such person or 148 
a representative of such person gives to such public official or state 149 
employee anything having a value of more than [ten] twenty dollars, 150 
such person or representative shall, not later than ten days thereafter, 151 
give such recipient and the executive head of the recipient's department 152 
or agency a written report stating the name of the donor, a description 153 
of the item or items given, the value of such items and the cumulative 154 
value of all items given to such recipient during that calendar year. The 155 
provisions of this subsection shall not apply to a political contribution 156 
otherwise reported as required by law. 157 
Sec. 4. Subdivision (6) of section 1-91 of the 2024 supplement to the 158 
general statutes is repealed and the following is substituted in lieu 159 
thereof (Effective October 1, 2024): 160 
(6) "Expenditure" means any advance, conveyance, deposit, 161 
distribution, transfer of funds, loan, payment, unless expressly 162 
excluded; any payments for telephone, mailing, postage, printing and 163 
other clerical or office services and materials; any paid communications, 164 
costing [fifty] one hundred dollars or more in any calendar year, 165 
disseminated by means of any printing, broadcasting or other medium, 166 
provided such communications refer to pending administrative or 167 
legislative action; any contract, agreement, promise or other obligation; 168 
any solicitation or solicitations, costing [fifty] one hundred dollars or 169 
more in the aggregate for any calendar year, of other persons to 170 
communicate with a public official or state employee for the purpose of 171 
influencing any legislative or administrative act and any pledge, 172 
subscription of money or anything of value. "Expenditure" does not 173 
include (A) the payment of a registrant's fee pursuant to section 1-95, (B) 174 
any expenditure made by any club, committee, partnership, 175 
organization, business, union, association or corporation for the 176  Substitute Bill No. 434 
 
 
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purpose of publishing a newsletter or other release intended primarily 177 
for its members, shareholders or employees, whether in written or 178 
electronic form or made orally during a regularly noticed meeting, (C) 179 
any expenditure made by any club, committee, partnership, 180 
organization, business, union, association or corporation for the 181 
purpose of transporting its members, shareholders or employees to or 182 
from a specific site, where such members, shareholders or employees 183 
received no other compensation or reimbursement for lobbying from 184 
such club, committee, partnership, organization, business, union, 185 
association or corporation, or (D) contributions, membership dues or 186 
other fees paid to associations, nonstock corporations or tax-exempt 187 
organizations under Section 501(c) of the Internal Revenue Code of 1986, 188 
or any subsequent corresponding internal revenue code of the United 189 
States, as from time to time amended. 190 
Sec. 5. Subdivision (7) of section 1-91 of the 2024 supplement to the 191 
general statutes is repealed and the following is substituted in lieu 192 
thereof (Effective October 1, 2024): 193 
(7) "Gift" means anything of value, which is directly and personally 194 
received, unless consideration of equal or greater value is given in 195 
return. "Gift" does not include: 196 
(A) A political contribution otherwise reported as required by law or 197 
a donation or payment described in subdivision (9) or (10) of subsection 198 
(b) of section 9-601a; 199 
(B) Services provided by persons volunteering their time, if provided 200 
to aid or promote the success or defeat of any political party, any 201 
candidate or candidates for public office or the position of convention 202 
delegate or town committee member or any referendum question; 203 
(C) A commercially reasonable loan made on terms not more 204 
favorable than loans made in the ordinary course of business; 205 
(D) A gift received from (i) the individual's spouse, fiancé or fiancée, 206 
(ii) the parent, grandparent, brother or sister of such spouse or such 207  Substitute Bill No. 434 
 
 
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individual, or (iii) the child of such individual or the spouse of such 208 
child; 209 
(E) Goods or services (i) that are provided to a state agency or quasi-210 
public agency (I) for use on state or quasi-public agency property, or (II) 211 
that support an event or the participation by a public official or state 212 
employee at an event, and (ii) that facilitate state or quasi-public agency 213 
action or functions. As used in this subparagraph, "state property" 214 
means property owned by the state or a quasi-public agency or property 215 
leased to a state or quasi-public agency; 216 
(F) A certificate, plaque or other ceremonial award costing less than 217 
[one] two hundred fifty dollars; 218 
(G) A rebate, discount or promotional item available to the general 219 
public; 220 
(H) Printed or recorded informational material germane to state 221 
action or functions; 222 
(I) Food or beverage or both, costing less than [fifty] one hundred 223 
dollars in the aggregate per recipient in a calendar year, and consumed 224 
on an occasion or occasions at which the person paying, directly or 225 
indirectly, for the food or beverage, or [his] such person's representative, 226 
is in attendance; 227 
(J) Food or beverage or both, costing less than [fifty] one hundred 228 
dollars per person and consumed at a publicly noticed legislative 229 
reception to which all members of the General Assembly are invited and 230 
which is hosted not more than once in any calendar year by a lobbyist 231 
or business organization. For the purposes of such limit, (i) a reception 232 
hosted by a lobbyist who is an individual shall be deemed to have also 233 
been hosted by the business organization which [he] such lobbyist owns 234 
or is employed by, and (ii) a reception hosted by a business organization 235 
shall be deemed to have also been hosted by all owners and employees 236 
of the business organization who are lobbyists. In making the 237 
calculation for the purposes of such [fifty-dollar] one-hundred-dollar 238  Substitute Bill No. 434 
 
 
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limit, the donor shall divide the amount spent on food and beverage by 239 
the number of persons whom the donor reasonably expects to attend the 240 
reception; 241 
(K) Food or beverage or both, costing less than [fifty] one hundred 242 
dollars per person and consumed at a publicly noticed reception to 243 
which all members of the General Assembly from a region of the state 244 
are invited and which is hosted not more than once in any calendar year 245 
by a lobbyist or business organization. For the purposes of such limit, (i) 246 
a reception hosted by a lobbyist who is an individual shall be deemed 247 
to have also been hosted by the business organization which [he] such 248 
lobbyist owns or is employed by, and (ii) a reception hosted by a 249 
business organization shall be deemed to have also been hosted by all 250 
owners and employees of the business organization who are lobbyists. 251 
In making the calculation for the purposes of such [fifty-dollar] one-252 
hundred-dollar limit, the donor shall divide the amount spent on food 253 
and beverage by the number of persons whom the donor reasonably 254 
expects to attend the reception. As used in this subparagraph, "region of 255 
the state" means the established geographic service area of the 256 
organization hosting the reception; 257 
(L) A gift, including, but not limited to, food or beverage or both, 258 
provided by an individual for the celebration of a major life event, 259 
provided any such gift provided by an individual who is not a member 260 
of the family of the recipient does not exceed one thousand five hundred 261 
dollars in value; 262 
(M) Gifts costing less than [one] two hundred fifty dollars in the 263 
aggregate or food or beverage provided at a hospitality suite at a 264 
meeting or conference of an interstate legislative association, by a 265 
person who is not a registrant or is not doing business with the state of 266 
Connecticut; 267 
(N) Admission to a charitable or civic event, including food and 268 
beverage provided at such event, but excluding lodging or travel 269 
expenses, at which a public official or state employee participates in his 270  Substitute Bill No. 434 
 
 
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or her official capacity, provided such admission is provided by the 271 
primary sponsoring entity; 272 
(O) Anything of value provided by an employer of (i) a public official, 273 
(ii) a state employee, or (iii) a spouse of a public official or state 274 
employee, to such official, employee or spouse, provided such benefits 275 
are customarily and ordinarily provided to others in similar 276 
circumstances; 277 
(P) Anything having a value of not more than [ten] twenty dollars, 278 
provided the aggregate value of all things provided by a donor to a 279 
recipient under this subdivision in any calendar year does not exceed 280 
[fifty] one hundred dollars; or 281 
(Q) Training that is provided by a vendor for a product purchased by 282 
a state or quasi-public agency that is offered to all customers of such 283 
vendor. 284 
Sec. 6. Subdivision (12) of section 1-91 of the 2024 supplement to the 285 
general statutes is repealed and the following is substituted in lieu 286 
thereof (Effective October 1, 2024): 287 
(12) "Lobbyist" means a person who in lobbying and in furtherance 288 
of lobbying makes or agrees to make expenditures, or receives or agrees 289 
to receive compensation, reimbursement, or both, and such 290 
compensation, reimbursement or expenditures are three thousand 291 
dollars or more in any calendar year or the combined amount thereof is 292 
three thousand dollars or more in any such calendar year. "Lobbyist" 293 
does not include: 294 
(A) A public official, employee of a branch of state government or a 295 
subdivision thereof, including an official or employee of a quasi-public 296 
agency, or elected or appointed official of a municipality or his or her 297 
designee other than an independent contractor, who is acting within the 298 
scope of his or her authority or employment; 299 
(B) A publisher, owner or an employee of the press, radio or 300  Substitute Bill No. 434 
 
 
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television while disseminating news or editorial comment to the general 301 
public in the ordinary course of business; 302 
(C) An individual representing himself or herself or another person 303 
before the legislature or a state agency other than for the purpose of 304 
influencing legislative or administrative action; 305 
(D) Any individual or employee who receives no compensation or 306 
reimbursement specifically for lobbying and who limits his or her 307 
activities solely to formal appearances to give testimony before public 308 
sessions of committees of the General Assembly or public hearings of 309 
state agencies and who, if he or she testifies, registers his or her 310 
appearance in the records of such committees or agencies; 311 
(E) A member of an advisory board acting within the scope of his or 312 
her appointment; 313 
(F) A senator or representative in Congress acting within the scope of 314 
his or her office; 315 
(G) Any person who receives no compensation or reimbursement 316 
specifically for lobbying and who spends no more than five hours in 317 
furtherance of lobbying unless such person (i) exclusive of salary, 318 
receives compensation or makes expenditures, or both, of three 319 
thousand dollars or more in any calendar year for lobbying or the 320 
combined amount thereof is three thousand dollars or more in any such 321 
calendar year, or (ii) expends [fifty] one hundred dollars or more for the 322 
benefit of a public official in the legislative or executive branch, a 323 
member of his or her staff or immediate family; 324 
(H) A communicator lobbyist who receives or agrees to receive 325 
compensation, reimbursement, or both, the aggregate amount of which 326 
is less than three thousand dollars from each client in any calendar year. 327 
Sec. 7. Subsection (a) of section 1-96 of the general statutes is repealed 328 
and the following is substituted in lieu thereof (Effective October 1, 2024): 329 
(a) Each client lobbyist registrant shall file with the Office of State 330  Substitute Bill No. 434 
 
 
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Ethics between the first and tenth day of April, July and January a 331 
financial report, signed under penalty of false statement. The April and 332 
July reports shall cover its lobbying activities during the previous 333 
calendar quarter and the January report shall cover its lobbying 334 
activities during the previous two calendar quarters. In addition to such 335 
reports, each client lobbyist registrant which attempts to influence 336 
legislative action shall file, under penalty of false statement, interim 337 
monthly reports of its lobbying activities for each month the General 338 
Assembly is in regular session, except that no monthly report shall be 339 
required for any month in which it neither expends nor agrees to expend 340 
[one] two hundred fifty dollars or more in furtherance of lobbying. Such 341 
interim monthly reports shall be filed with the Office of State Ethics no 342 
later than the tenth day of the month following the last day of the month 343 
reported. If the client lobbyist registrant is not an individual, an 344 
authorized officer or agent of the client lobbyist registrant shall sign the 345 
form. A communicator lobbyist for a municipality or any subdivision of 346 
a municipality shall file the reports described in this subsection utilizing 347 
the client lobbyist reporting schedule. 348 
Sec. 8. Subsection (e) of section 1-96 of the general statutes is repealed 349 
and the following is substituted in lieu thereof (Effective October 1, 2024): 350 
(e) Each client lobbyist registrant financial report shall be on a form 351 
prescribed by the board and shall state expenditures made and the 352 
fundamental terms of contracts, agreements or promises to pay 353 
compensation or reimbursement or to make expenditures in furtherance 354 
of lobbying. Any such fundamental terms shall be reported once in the 355 
monthly, quarterly or post-termination report next following the 356 
entering into of such contract. Such financial report shall include an 357 
itemized statement of each expenditure of [ten] twenty dollars or more 358 
per person for each occasion made by the reporting registrant or a group 359 
of registrants which includes the reporting registrant for the benefit of a 360 
public official in the legislative or executive branch, a member of his or 361 
her staff or immediate family, itemized by date, beneficiary, amount and 362 
circumstances of the transaction. The requirement of an itemized 363 
statement shall not apply to an expenditure made by a reporting 364  Substitute Bill No. 434 
 
 
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registrant or a group of registrants which includes the reporting 365 
registrant for (1) the benefit of the members of the General Assembly at 366 
an event that is a reception to which all such members are invited or all 367 
members of a region of the state, as such term is used in subparagraph 368 
(K) of subdivision (7) of section 1-91, as amended by this act, are invited, 369 
unless the expenditure is [thirty] sixty dollars or more per person, or (2) 370 
benefits personally and directly received by a public official or state 371 
employee at a charitable or civic event at which the public official or 372 
state employee participates in his or her official capacity, unless the 373 
expenditure is [thirty] sixty dollars or more per person, per event. If the 374 
compensation is required to be reported for an individual whose 375 
lobbying is incidental to his or her regular employment, it shall be 376 
sufficient to report a prorated amount based on the value of the time 377 
devoted to lobbying. On the first financial report following registration 378 
each client lobbyist registrant shall include any expenditures incident to 379 
lobbying activities that were received or expended prior to registration 380 
and not previously reported to the Office of State Ethics. 381 
Sec. 9. Subsection (g) of section 1-96 of the general statutes is repealed 382 
and the following is substituted in lieu thereof (Effective October 1, 2024): 383 
(g) Each former registrant shall (1) report receipts or expenditures 384 
incident to lobbying activities during [his] such registrant's period of 385 
registration which are received or expended following termination of 386 
registration and (2) report each expenditure of [ten] twenty dollars or 387 
more per person for each occasion made by [him] such registrant for the 388 
benefit of a public official or a member of such official's immediate 389 
family or staff which occurs within six months after termination of 390 
registration. 391 
Sec. 10. Subsection (a) of section 1-96a of the general statutes is 392 
repealed and the following is substituted in lieu thereof (Effective October 393 
1, 2024): 394 
(a) Each registrant shall obtain and preserve all accounts, bills, 395 
receipts and other documents necessary to substantiate the financial 396  Substitute Bill No. 434 
 
 
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reports required by section 1-96, as amended by this act, for a period of 397 
three years from the date of the filing of the report referring to such 398 
financial matters, provided this section shall apply to each expenditure 399 
for the benefit of a public official of [ten] twenty dollars or more and all 400 
other expenditures of [fifty] one hundred dollars or more. 401 
Sec. 11. Section 1-96e of the general statutes is repealed and the 402 
following is substituted in lieu thereof (Effective October 1, 2024): 403 
Each registrant who pays or reimburses a public official or state 404 
employee [ten] twenty dollars or more for necessary expenses, as 405 
defined in section 1-79, as amended by this act, shall, within forty-five 406 
days, file a statement with the Office of State Ethics indicating the name 407 
of such individual and the amount of the expenses. 408 
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 
 
GAE Joint Favorable Subst.