15 | 16 | | |
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16 | 17 | | |
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17 | 18 | | |
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18 | 19 | | AN ACT CONCERNING CONFLICTS OF INTEREST DUE TO AN |
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19 | 20 | | EMPLOYER OTHER THAN THE STATE UNDER THE STATE CODE OF |
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20 | 21 | | ETHICS. |
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21 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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22 | 23 | | Assembly convened: |
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23 | 24 | | |
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24 | 25 | | Section 1. Section 1-85 of the general statutes is repealed and the 1 |
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25 | 26 | | following is substituted in lieu thereof (Effective October 1, 2025): 2 |
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26 | 27 | | (a) (1) For purposes of this section, "business with which the public 3 |
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27 | 28 | | official or state employee is associated" has the same meaning as 4 |
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28 | 29 | | "business with which he is associated", as provided in section 1-79. 5 |
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29 | 30 | | (2) A public official, including an elected state official, or state 6 |
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30 | 31 | | employee has an interest which is in substantial conflict with the proper 7 |
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31 | 32 | | discharge of [his] such official's or employee's duties or employment in 8 |
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32 | 33 | | the public interest and of [his] such official's or employee's 9 |
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33 | 34 | | responsibilities as prescribed in the laws of this state, if [he] such official 10 |
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34 | 35 | | or employee has reason to believe or expect that [he, his] any of the 11 |
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35 | 36 | | following persons will derive a direct monetary gain or suffer a direct 12 |
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36 | 37 | | monetary loss, as the case may be, by reason of such official's or 13 |
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41 | 44 | | |
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42 | 45 | | employee's spouse, [a] dependent child [, or a business with which he is 15 |
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43 | 46 | | associated will derive a direct monetary gain or suffer a direct monetary 16 |
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44 | 47 | | loss, as the case may be, by reason of his official activity] or nonstate 17 |
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45 | 48 | | employer or the nonstate employer of the official's or employee's 18 |
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46 | 49 | | spouse, or a business with which the public official or state employee is 19 |
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47 | 50 | | associated, except as provided in subdivision (3) of this subsection. 20 |
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48 | 51 | | (3) In the case of an elected state official, such official only has a 21 |
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49 | 52 | | substantial conflict regarding a matter concerning such elected official's 22 |
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50 | 53 | | nonstate employer or the nonstate employer of such official's spouse or 23 |
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51 | 54 | | a business with which the official is associated, if such official has actual 24 |
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52 | 55 | | knowledge, rather than has reason to believe or expect, that such 25 |
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53 | 56 | | nonstate employer or business will derive a direct monetary gain or 26 |
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54 | 57 | | suffer a direct monetary loss, as the case may be, by reason of such 27 |
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55 | 58 | | official's official activity. 28 |
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56 | 59 | | (4) A public official, including an elected state official, or state 29 |
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57 | 60 | | employee does not have an interest which is in substantial conflict with 30 |
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58 | 61 | | the proper discharge of [his] such official's or employee's duties in the 31 |
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59 | 62 | | public interest and of [his] such official's or employee's responsibilities 32 |
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60 | 63 | | as prescribed by the laws of this state, if any benefit or detriment accrues 33 |
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61 | 64 | | to [him, his] such official or employee, such official's or employee's 34 |
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62 | 65 | | spouse, [a] dependent child [,] or nonstate employer, the nonstate 35 |
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63 | 66 | | employer of the official's or employee's spouse or a business with which 36 |
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64 | 67 | | [he, his spouse or such dependent child] the public official or state 37 |
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65 | 68 | | employee is associated as a member of a profession, occupation or 38 |
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66 | 69 | | group to no greater extent than any other member of such profession, 39 |
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67 | 70 | | occupation or group. [A] Except as provided in subsection (b) of this 40 |
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68 | 71 | | section, a public official, including an elected state official, or state 41 |
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69 | 72 | | employee who has a substantial conflict may not take official action on 42 |
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70 | 73 | | the matter. 43 |
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71 | 74 | | (b) If an elected state official has a substantial conflict regarding a 44 |
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72 | 75 | | matter that concerns a direct monetary gain or direct monetary loss for 45 |
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73 | 76 | | the nonstate employer of such official or the nonstate employer of such 46 |
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79 | 84 | | the matter or, prior to taking official action on the matter, prepare a 48 |
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80 | 85 | | written statement signed under penalty of false statement describing the 49 |
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81 | 86 | | matter requiring action, the nature of the conflict and explaining why, 50 |
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82 | 87 | | despite the conflict, such official is able to vote or otherwise participate 51 |
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83 | 88 | | fairly, objectively and in the public interest in such matter. Such official 52 |
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84 | 89 | | shall submit a copy of such statement to the Office of State Ethics and 53 |
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85 | 90 | | enter a copy of the statement in the journal or minutes of the state 54 |
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86 | 91 | | agency to which such official has been elected, or, if such agency does 55 |
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87 | 92 | | not have a journal or minutes, submit the copy to such agency. 56 |
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88 | 93 | | Sec. 2. Subsection (a) of section 1-86 of the general statutes is repealed 57 |
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89 | 94 | | and the following is substituted in lieu thereof (Effective October 1, 2025): 58 |
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90 | 95 | | (a) For purposes of this section, "business with which such public 59 |
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91 | 96 | | official or employee is associated" has the same meaning as "business 60 |
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92 | 97 | | with which he is associated", as provided in section 1-79. Any public 61 |
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93 | 98 | | official or state employee, other than an elected state official, who, in the 62 |
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94 | 99 | | discharge of such official's or employee's official duties, would be 63 |
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95 | 100 | | required to take an action that would affect a financial interest of such 64 |
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96 | 101 | | official or employee, such official's or employee's spouse, parent, 65 |
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97 | 102 | | brother, sister, child, [or] the spouse of a child, nonstate employer, 66 |
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98 | 103 | | nonstate employer of the official's or employee's spouse or a business 67 |
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99 | 104 | | with which such official or employee is associated, other than an interest 68 |
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100 | 105 | | of a de minimis nature, an interest that is not distinct from that of a 69 |
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101 | 106 | | substantial segment of the general public or an interest in substantial 70 |
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102 | 107 | | conflict with the performance of official duties, as defined in section 1-71 |
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103 | 108 | | 85, as amended by this act, has a potential conflict of interest. Under 72 |
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104 | 109 | | such circumstances, such official or employee shall, if such official or 73 |
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105 | 110 | | employee is a member of a state regulatory agency, either excuse himself 74 |
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106 | 111 | | or herself from the matter or, prior to taking official action on the matter, 75 |
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107 | 112 | | prepare a written statement signed under penalty of false statement 76 |
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108 | 113 | | describing the matter requiring action and the nature of the potential 77 |
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109 | 114 | | conflict and explaining why despite the potential conflict, such official 78 |
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110 | 115 | | or employee is able to vote [and] or otherwise participate fairly, 79 |
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117 | 124 | | Office of State Ethics and enter a copy of the statement in the journal or 82 |
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118 | 125 | | minutes of the agency or, if such agency does not have a journal or 83 |
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119 | 126 | | minutes, submit the copy to such agency. If such official or employee is 84 |
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120 | 127 | | not a member of a state regulatory agency, such official or employee 85 |
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121 | 128 | | shall, in the case of either a substantial or potential conflict, prepare a 86 |
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122 | 129 | | written statement signed under penalty of false statement describing the 87 |
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123 | 130 | | matter requiring action and the nature of the conflict and deliver a copy 88 |
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124 | 131 | | of the statement to such official's or employee's immediate superior, if 89 |
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125 | 132 | | any, who shall assign the matter to another employee, or if such official 90 |
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126 | 133 | | or employee has no immediate superior, such official or employee shall 91 |
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127 | 134 | | take such steps as the Office of State Ethics shall prescribe or advise. 92 |
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128 | 135 | | This act shall take effect as follows and shall amend the following |
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129 | 136 | | sections: |
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130 | 137 | | |
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131 | 138 | | Section 1 October 1, 2025 1-85 |
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132 | 139 | | Sec. 2 October 1, 2025 1-86(a) |
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133 | 140 | | |
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