14 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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15 | 23 | | Assembly convened: |
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16 | 24 | | |
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17 | 25 | | Section 1. Subsection (b) of section 9-601a of the general statutes is 1 |
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18 | 26 | | repealed and the following is substituted in lieu thereof (Effective from 2 |
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19 | 27 | | passage): 3 |
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20 | 28 | | (b) As used in this chapter and chapter 157, "contribution" does not 4 |
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21 | 29 | | mean: 5 |
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22 | 30 | | (1) A loan of money made in the ordinary course of business by a 6 |
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23 | 31 | | national or state bank; 7 |
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24 | 32 | | (2) Any communication made by a corporation, organization or 8 |
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25 | 33 | | association solely to its members, owners, stockholders, executive or 9 |
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26 | 34 | | administrative personnel, or their families; 10 |
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27 | 35 | | (3) Nonpartisan voter registration and get-out-the-vote campaigns by 11 |
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28 | 36 | | any corporation, organization or association aimed at its members, 12 |
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37 | 47 | | committee or candidate committee, including any services provided for 17 |
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38 | 48 | | the benefit of nonparticipating and participating candidates under the 18 |
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39 | 49 | | Citizens' Election Program and any unreimbursed travel expenses made 19 |
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40 | 50 | | by an individual who volunteers the individual's personal services to 20 |
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41 | 51 | | any such committee. For purposes of this subdivision, an individual is 21 |
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42 | 52 | | a volunteer if such individual is not receiving compensation for such 22 |
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43 | 53 | | services regardless of whether such individual received compensation 23 |
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44 | 54 | | in the past or may receive compensation for similar services that may be 24 |
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45 | 55 | | performed in the future; 25 |
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46 | 56 | | (5) The use of real or personal property, a portion or all of the cost of 26 |
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47 | 57 | | invitations and the cost of food or beverages, voluntarily provided by 27 |
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48 | 58 | | an individual to a candidate, including a nonparticipating or 28 |
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49 | 59 | | participating candidate under the Citizens' Election Program, or to a 29 |
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50 | 60 | | party, political or slate committee, in rendering voluntary personal 30 |
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51 | 61 | | services at the individual's residential premises or a community room 31 |
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52 | 62 | | in the individual's residence facility, to the extent that the cumulative 32 |
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53 | 63 | | value of the invitations, food or beverages provided by an individual on 33 |
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54 | 64 | | behalf of any candidate or committee does not exceed four hundred 34 |
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55 | 65 | | dollars with respect to any single event or does not exceed eight 35 |
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56 | 66 | | hundred dollars for any such event hosted by two or more individuals, 36 |
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57 | 67 | | provided at least one such individual owns or resides at the residential 37 |
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58 | 68 | | premises, and further provided the cumulative value of the invitations, 38 |
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59 | 69 | | food or beverages provided by an individual on behalf of any such 39 |
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60 | 70 | | candidate or committee does not exceed eight hundred dollars with 40 |
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61 | 71 | | respect to a calendar year or single election, as the case may be; 41 |
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62 | 72 | | (6) The sale of food or beverage for use by a party, political, slate or 42 |
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63 | 73 | | candidate committee, including those for a participating or 43 |
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64 | 74 | | nonparticipating candidate, at a discount, if the charge is not less than 44 |
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74 | 86 | | (7) The display of a lawn sign by a human being or on real property; 50 |
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75 | 87 | | (8) The payment, by a party committee or slate committee of the costs 51 |
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76 | 88 | | of preparation, display, mailing or other distribution incurred by the 52 |
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77 | 89 | | committee or individual with respect to any printed slate card, sample 53 |
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78 | 90 | | ballot or other printed list containing the names of three or more 54 |
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79 | 91 | | candidates; 55 |
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80 | 92 | | (9) The donation of any item of personal property by an individual to 56 |
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81 | 93 | | a committee for a fund-raising affair, including a tag sale or auction, or 57 |
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82 | 94 | | the purchase by an individual of any such item at such an affair, to the 58 |
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83 | 95 | | extent that the cumulative value donated or purchased does not exceed 59 |
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84 | 96 | | one hundred dollars; 60 |
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85 | 97 | | (10) (A) The purchase of advertising space which clearly identifies the 61 |
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86 | 98 | | purchaser, in a program for a fund-raising affair sponsored by the 62 |
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87 | 99 | | candidate committee of a candidate for an office of a municipality, 63 |
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88 | 100 | | provided the cumulative purchase of such space does not exceed two 64 |
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89 | 101 | | hundred fifty dollars from any single such candidate or the candidate's 65 |
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90 | 102 | | committee with respect to any single election campaign if the purchaser 66 |
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91 | 103 | | is a business entity or fifty dollars for purchases by any other person; 67 |
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92 | 104 | | (B) The purchase of advertising space which clearly identifies the 68 |
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93 | 105 | | purchaser, in a program for a fund-raising affair or on signs at a fund-69 |
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94 | 106 | | raising affair sponsored by a party committee or a political committee, 70 |
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95 | 107 | | other than an exploratory committee, provided the cumulative purchase 71 |
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96 | 108 | | of such space does not exceed two hundred fifty dollars from any single 72 |
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97 | 109 | | party committee or a political committee, other than an exploratory 73 |
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98 | 110 | | committee, in any calendar year if the purchaser is a business entity or 74 |
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99 | 111 | | fifty dollars for purchases by any other person. Notwithstanding the 75 |
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110 | 124 | | a principal of a state contractor or prospective state contractor. As used 82 |
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111 | 125 | | in this subparagraph, "state contractor", "prospective state contractor" 83 |
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112 | 126 | | and "principal of a state contractor or prospective state contractor" have 84 |
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113 | 127 | | the same meanings as provided in subsection (f) of section 9-612; 85 |
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114 | 128 | | (11) The payment of money by a candidate to the candidate's 86 |
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115 | 129 | | candidate committee, provided the committee is for a nonparticipating 87 |
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116 | 130 | | candidate; 88 |
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117 | 131 | | (12) The donation of goods or services by a business entity to a 89 |
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118 | 132 | | committee for a fund-raising affair, including a tag sale or auction, to 90 |
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119 | 133 | | the extent that the cumulative value donated does not exceed two 91 |
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120 | 134 | | hundred dollars; 92 |
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121 | 135 | | (13) The advance of a security deposit by an individual to a telephone 93 |
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122 | 136 | | company, as defined in section 16-1, for telecommunications service for 94 |
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123 | 137 | | a committee or to another utility company, such as an electric 95 |
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124 | 138 | | distribution company, provided the security deposit is refunded to the 96 |
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125 | 139 | | individual; 97 |
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126 | 140 | | (14) The provision of facilities, equipment, technical and managerial 98 |
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127 | 141 | | support, and broadcast time by a community antenna television 99 |
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128 | 142 | | company, as defined in section 16-1, for community access 100 |
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129 | 143 | | programming pursuant to section 16-331a, unless (A) the major purpose 101 |
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130 | 144 | | of providing such facilities, equipment, support and time is to influence 102 |
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131 | 145 | | the nomination or election of a candidate, or (B) such facilities, 103 |
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132 | 146 | | equipment, support and time are provided on behalf of a political party; 104 |
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133 | 147 | | (15) The sale of food or beverage by a town committee to an 105 |
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134 | 148 | | individual at a town fair, county fair, local festival or similar mass 106 |
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144 | 160 | | (17) The donation of food or beverage by an individual for 112 |
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145 | 161 | | consumption at a slate, candidate, political committee or party 113 |
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146 | 162 | | committee meeting, event or activity that is not a fund-raising affair to 114 |
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147 | 163 | | the extent that the cumulative value of the food or beverages donated 115 |
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148 | 164 | | by an individual for a single meeting or event does not exceed fifty 116 |
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149 | 165 | | dollars; 117 |
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150 | 166 | | (18) The value associated with the de minimis activity on behalf of a 118 |
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151 | 167 | | party committee, political committee, slate committee or candidate 119 |
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152 | 168 | | committee, including for activities including, but not limited to, (A) the 120 |
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153 | 169 | | creation of electronic or written communications or digital photos or 121 |
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154 | 170 | | video as part of an electronic file created on a voluntary basis without 122 |
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155 | 171 | | compensation, including, but not limited to, the creation and ongoing 123 |
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156 | 172 | | content development and delivery of social media on the Internet or 124 |
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157 | 173 | | telephone, including, but not limited to, the sending or receiving of 125 |
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158 | 174 | | electronic mail or messages, (B) the posting or display of a candidate's 126 |
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159 | 175 | | name or group of candidates' names at a town fair, county fair, local 127 |
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160 | 176 | | festival or similar mass gathering by a party committee, (C) the use of 128 |
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161 | 177 | | personal property or a service that is customarily attendant to the 129 |
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162 | 178 | | occupancy of a residential dwelling, or the donation of an item or items 130 |
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163 | 179 | | of personal property that are customarily used for campaign purposes, 131 |
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164 | 180 | | by an individual, to a candidate committee, provided the cumulative 132 |
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165 | 181 | | fair market value of such use of personal property or service or items of 133 |
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166 | 182 | | personal property does not exceed one hundred dollars in the aggregate 134 |
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167 | 183 | | for any single election or calendar year, as the case may be; 135 |
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168 | 184 | | (19) The use of offices, telephones, computers and similar equipment 136 |
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169 | 185 | | provided by a party committee, legislative caucus committee or 137 |
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180 | 198 | | (22) A communication containing an endorsement on behalf of a 144 |
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181 | 199 | | candidate for nomination or election to the office of Governor, 145 |
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182 | 200 | | Lieutenant Governor, Secretary of the State, State Treasurer, State 146 |
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183 | 201 | | Comptroller, Attorney General, state senator or state representative, 147 |
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184 | 202 | | from a candidate for the office of Governor, Lieutenant Governor, 148 |
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185 | 203 | | Secretary of the State, State Treasurer, State Comptroller, Attorney 149 |
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186 | 204 | | General, state senator or state representative, provided the candidate 150 |
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187 | 205 | | (A) making the endorsement is unopposed at the time of the 151 |
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188 | 206 | | communication, and (B) being endorsed paid for such communication; 152 |
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189 | 207 | | (23) A communication that is sent by mail to addresses in the district 153 |
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190 | 208 | | for which a candidate being endorsed by another candidate pursuant to 154 |
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191 | 209 | | this subdivision is seeking nomination or election to the office of state 155 |
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192 | 210 | | senator or state representative, containing an endorsement on behalf of 156 |
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193 | 211 | | such candidate for such nomination or election from a candidate for the 157 |
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194 | 212 | | office of state senator or state representative, provided the candidate (A) 158 |
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195 | 213 | | making the endorsement is not seeking election to the office of state 159 |
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196 | 214 | | senator or state representative for a district that contains any 160 |
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197 | 215 | | geographical area shared by the district for the office to which the 161 |
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198 | 216 | | endorsed candidate is seeking nomination or election, and (B) being 162 |
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199 | 217 | | endorsed paid for such communication; [or] 163 |
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200 | 218 | | (24) Campaign training events provided to multiple individuals by a 164 |
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201 | 219 | | legislative caucus committee and any associated materials, provided the 165 |
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202 | 220 | | cumulative value of such events and materials does not exceed six 166 |
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203 | 221 | | thousand dollars in the aggregate for a calendar year; or 167 |
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204 | 228 | | (25) With respect to an online platform that collects any contribution 168 |
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205 | 229 | | from a contributor and transmits such contribution to a committee, a 169 |
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206 | 230 | | voluntary payment made by such contributor to such online platform, 170 |
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207 | 231 | | which is (A) in addition to such contribution, and (B) used by such 171 |
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208 | 232 | | online platform to conduct its operations. 172 |
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209 | 233 | | Sec. 2. Subsection (b) of section 9-601b of the general statutes is 173 |
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210 | 234 | | repealed and the following is substituted in lieu thereof (Effective from 174 |
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216 | 236 | | (b) The term "expenditure" does not mean: 176 |
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217 | 237 | | (1) A loan of money, made in the ordinary course of business, by a 177 |
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218 | 238 | | state or national bank; 178 |
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219 | 239 | | (2) A communication made by any corporation, organization or 179 |
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220 | 240 | | association solely to its members, owners, stockholders, executive or 180 |
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221 | 241 | | administrative personnel, or their families; 181 |
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222 | 242 | | (3) Nonpartisan voter registration and get-out-the-vote campaigns by 182 |
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223 | 243 | | any corporation, organization or association aimed at its members, 183 |
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224 | 244 | | owners, stockholders, executive or administrative personnel, or their 184 |
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225 | 245 | | families; 185 |
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226 | 246 | | (4) Uncompensated services provided by individuals volunteering 186 |
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227 | 247 | | their time on behalf of a party committee, political committee, slate 187 |
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228 | 248 | | committee or candidate committee, including any services provided for 188 |
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229 | 249 | | the benefit of nonparticipating and participating candidates under the 189 |
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230 | 250 | | Citizens' Election Program and any unreimbursed travel expenses made 190 |
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231 | 251 | | by an individual who volunteers the individual's personal services to 191 |
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232 | 252 | | any such committee. For purposes of this subdivision, an individual is 192 |
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233 | 253 | | a volunteer if such individual is not receiving compensation for such 193 |
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234 | 254 | | services regardless of whether such individual received compensation 194 |
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235 | 255 | | in the past or may receive compensation for similar services that may be 195 |
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236 | 256 | | performed in the future; 196 |
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237 | 263 | | (5) Any news story, commentary or editorial distributed through the 197 |
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238 | 264 | | facilities of any broadcasting station, newspaper, magazine or other 198 |
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239 | 265 | | periodical, unless such facilities are owned or controlled by any political 199 |
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240 | 266 | | party, committee or candidate; 200 |
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241 | 267 | | (6) The use of real or personal property, a portion or all of the cost of 201 |
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242 | 268 | | invitations and the cost of food or beverages, voluntarily provided by 202 |
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243 | 269 | | an individual to a candidate, including a nonparticipating or 203 |
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244 | 270 | | participating candidate under the Citizens' Election Program, or to a 204 |
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245 | 271 | | party, political or slate committee, in rendering voluntary personal 205 |
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251 | 273 | | in the individual's residence facility, to the extent that the cumulative 207 |
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252 | 274 | | value of the invitations, food or beverages provided by an individual on 208 |
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253 | 275 | | behalf of any candidate or committee does not exceed four hundred 209 |
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254 | 276 | | dollars with respect to any single event or does not exceed eight 210 |
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255 | 277 | | hundred dollars for any such event hosted by two or more individuals, 211 |
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256 | 278 | | provided at least one such individual owns or resides at the residential 212 |
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257 | 279 | | premises, and further provided the cumulative value of the invitations, 213 |
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258 | 280 | | food or beverages provided by an individual on behalf of any such 214 |
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259 | 281 | | candidate or committee does not exceed eight hundred dollars with 215 |
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260 | 282 | | respect to a calendar year or single election, as the case may be; 216 |
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261 | 283 | | (7) A communication described in subdivision (2) of subsection (a) of 217 |
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262 | 284 | | this section that includes speech or expression made (A) prior to the 218 |
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263 | 285 | | ninety-day period preceding the date of a primary or an election at 219 |
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264 | 286 | | which the clearly identified candidate or candidates are seeking 220 |
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265 | 287 | | nomination to public office or position, that is made for the purpose of 221 |
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266 | 288 | | influencing any legislative or administrative action, as defined in section 222 |
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267 | 289 | | 1-91, or executive action, or (B) during a legislative session for the 223 |
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268 | 290 | | purpose of influencing legislative action; 224 |
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269 | 291 | | (8) An organization expenditure by a party committee, legislative 225 |
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270 | 292 | | caucus committee or legislative leadership committee; 226 |
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271 | 293 | | (9) A commercial advertisement that refers to an owner, director or 227 |
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272 | 300 | | officer of a business entity who is also a candidate and that had 228 |
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273 | 301 | | previously been broadcast or appeared when the owner, director or 229 |
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274 | 302 | | officer was not a candidate; 230 |
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275 | 303 | | (10) A communication containing an endorsement on behalf of a 231 |
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276 | 304 | | candidate for nomination or election to the office of Governor, 232 |
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277 | 305 | | Lieutenant Governor, Secretary of the State, State Treasurer, State 233 |
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278 | 306 | | Comptroller, Attorney General, state senator or state representative, 234 |
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279 | 307 | | from a candidate for the office of Governor, Lieutenant Governor, 235 |
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280 | 308 | | Secretary of the State, State Treasurer, State Comptroller, Attorney 236 |
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281 | 309 | | General, state senator or state representative, shall not be an 237 |
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287 | 311 | | making the endorsement is unopposed at the time of the 239 |
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288 | 312 | | communication; 240 |
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289 | 313 | | (11) A communication that is sent by mail to addresses in the district 241 |
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290 | 314 | | for which a candidate being endorsed by another candidate pursuant to 242 |
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291 | 315 | | the provisions of this subdivision is seeking nomination or election to 243 |
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292 | 316 | | the office of state senator or state representative, containing an 244 |
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293 | 317 | | endorsement on behalf of such candidate for such nomination or 245 |
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294 | 318 | | election, from a candidate for the office of state senator or state 246 |
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295 | 319 | | representative, shall not be an expenditure attributable to the endorsing 247 |
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296 | 320 | | candidate, if the candidate making the endorsement is not seeking 248 |
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297 | 321 | | election to the office of state senator or state representative for a district 249 |
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298 | 322 | | that contains any geographical area shared by the district for the office 250 |
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299 | 323 | | to which the endorsed candidate is seeking nomination or election; 251 |
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300 | 324 | | (12) Campaign training events provided to multiple individuals by a 252 |
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301 | 325 | | legislative caucus committee and any associated materials, provided the 253 |
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302 | 326 | | cumulative value of such events and materials does not exceed six 254 |
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303 | 327 | | thousand dollars in the aggregate for a calendar year; 255 |
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304 | 328 | | (13) A lawful communication by any charitable organization which is 256 |
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305 | 329 | | a tax-exempt organization under Section 501(c)(3) of the Internal 257 |
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306 | 330 | | Revenue Code of 1986, or any subsequent corresponding internal 258 |
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307 | 337 | | revenue code of the United States, as from time to time amended; 259 |
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308 | 338 | | (14) The use of offices, telephones, computers and similar equipment 260 |
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309 | 339 | | provided by a party committee, legislative caucus committee or 261 |
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310 | 340 | | legislative leadership committee that serve as headquarters for or are 262 |
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311 | 341 | | used by such party committee, legislative caucus committee or 263 |
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312 | 342 | | legislative leadership committee; [or] 264 |
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313 | 343 | | (15) An expense or expenses incurred by a human being acting alone 265 |
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314 | 344 | | in an amount that is two hundred dollars or less, in the aggregate, that 266 |
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315 | 345 | | benefits a candidate for a single election; or 267 |
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316 | 346 | | (16) With respect to an online platform that collects any contribution 268 |
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326 | | - | Sec. 3. (NEW) (Effective from passage) An online platform that collects 274 |
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327 | | - | a contribution, as defined in section 9-601a of the general statutes, as 275 |
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328 | | - | amended by this act, from a contributor and transmits such contribution 276 |
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329 | | - | to a committee, as defined in section 9-601 of the general statutes, shall 277 |
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330 | | - | not allow for automatically recurring contributions to be made from a 278 |
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331 | | - | contributor without the affirmative consent of such contributor. Passive 279 |
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332 | | - | action or inaction on the part of a contributor, such as failure to uncheck 280 |
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333 | | - | a prechecked box authorizing an automatically recurring contribution, 281 |
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334 | | - | shall not satisfy the requirement of affirmative consent under this 282 |
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335 | | - | section. 283 |
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343 | | - | GAE Joint Favorable Subst. |
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| 358 | + | Statement of Purpose: |
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| 359 | + | To exclude (1) certain voluntary payments given by contributors to |
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| 360 | + | online political donation platforms from the definition of "contribution", |
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| 361 | + | and (2) the use of such online platforms to request such voluntary |
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| 362 | + | payments from the definition of "expenditure". |
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| 363 | + | |
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| 364 | + | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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| 365 | + | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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| 366 | + | underlined.] |
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