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General Assembly Substitute Bill No. 953
January Session, 2025
AN ACT REDEFINING "STATE CONTRACTOR", "PROSPECTIVE
STATE CONTRACTOR" AND "SUBCONTRACTOR" TO EXCLUDE
STATUTORILY RECOGNIZED INDIAN TRIBES OF THIS STATE FOR
PURPOSES OF CAMPAIGN FINANCE LAWS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (f) of section 9-612 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective October 2
1, 2025): 3
(f) (1) As used in this subsection and subsections (g) and (h) of this 4
section: 5
(A) "Quasi-public agency" has the same meaning as provided in 6
section 1-120. 7
(B) "State agency" means any office, department, board, council, 8
commission, institution or other agency in the executive or legislative 9
branch of state government. 10
(C) "State contract" means an agreement or contract with the state or 11
any state agency or any quasi-public agency, let through a procurement 12
process or otherwise, having a value of fifty thousand dollars or more, 13
or a combination or series of such agreements or contracts having a 14
value of one hundred thousand dollars or more in a calendar year, for 15 Substitute Bill No. 953
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(i) the rendition of services, (ii) the furnishing of any goods, material, 16
supplies, equipment or any items of any kind, (iii) the construction, 17
alteration or repair of any public building or public work, (iv) the 18
acquisition, sale or lease of any land or building, (v) a licensing 19
arrangement, or (vi) a grant, loan or loan guarantee. "State contract" 20
does not include any agreement or contract with the state, any state 21
agency or any quasi-public agency that is exclusively federally funded, 22
an education loan, a loan to an individual for other than commercial 23
purposes or any agreement or contract between the state or any state 24
agency and the United States Department of the Navy or the United 25
States Department of Defense. 26
(D) "State contractor" means a person, business entity or nonprofit 27
organization that enters into a state contract. Such person, business 28
entity or nonprofit organization shall be deemed to be a state contractor 29
until December thirty-first of the year in which such contract terminates. 30
"State contractor" does not include a municipality, [or] any other 31
political subdivision of the state or any Indian tribe of this state 32
recognized under subsection (b) of section 47-59a, including any entities 33
or associations duly created by the municipality, [or] political 34
subdivision or Indian tribe exclusively amongst themselves to further 35
any purpose authorized by statute, [or] charter or tribal law, or an 36
employee in the executive or legislative branch of state government or a 37
quasi-public agency, whether in the classified or unclassified service 38
and full or part-time, and only in such person's capacity as a state or 39
quasi-public agency employee. 40
(E) "Prospective state contractor" means a person, business entity or 41
nonprofit organization that (i) submits a response to a state contract 42
solicitation by the state, a state agency or a quasi-public agency, or a 43
proposal in response to a request for proposals by the state, a state 44
agency or a quasi-public agency, until the contract has been entered into, 45
or (ii) holds a valid prequalification certificate issued by the 46
Commissioner of Administrative Services under section 4a-100. 47
"Prospective state contractor" does not include a municipality, [or] any 48
other political subdivision of the state or any Indian tribe of this state 49 Substitute Bill No. 953
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recognized under subsection (b) of section 47-59a, including any entities 50
or associations duly created by the municipality, [or] political 51
subdivision or Indian tribe exclusively amongst themselves to further 52
any purpose authorized by statute, [or] charter or tribal law, or an 53
employee in the executive or legislative branch of state government or a 54
quasi-public agency, whether in the classified or unclassified service 55
and full or part-time, and only in such person's capacity as a state or 56
quasi-public agency employee. 57
(F) "Principal of a state contractor or prospective state contractor" 58
means (i) any individual who is a member of the board of directors of, 59
or has an ownership interest of five per cent or more in, a state contractor 60
or prospective state contractor, which is a business entity, except for an 61
individual who is a member of the board of directors of a nonprofit 62
organization, (ii) an individual who is employed by a state contractor or 63
prospective state contractor, which is a business entity, as president, 64
treasurer or executive vice president, (iii) an individual who is the chief 65
executive officer of a state contractor or prospective state contractor, 66
which is not a business entity, or if a state contractor or prospective state 67
contractor has no such officer, then the officer who duly possesses 68
comparable powers and duties, (iv) an officer or an employee of any 69
state contractor or prospective state contractor who has managerial or 70
discretionary responsibilities with respect to a state contract, (v) the 71
spouse or a dependent child who is eighteen years of age or older of an 72
individual described in this subparagraph, or (vi) a political committee 73
established or controlled by an individual described in this 74
subparagraph or the business entity or nonprofit organization that is the 75
state contractor or prospective state contractor. 76
(G) "Dependent child" means a child residing in an individual's 77
household who may legally be claimed as a dependent on the federal 78
income tax return of such individual. 79
(H) "Managerial or discretionary responsibilities with respect to a 80
state contract" means having direct, extensive and substantive 81
responsibilities with respect to the negotiation of the state contract and 82 Substitute Bill No. 953
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not peripheral, clerical or ministerial responsibilities. 83
(I) "Rendition of services" means the provision of any service to a state 84
agency or quasi-public agency in exchange for a fee, remuneration or 85
compensation of any kind from the state or through an arrangement 86
with the state. 87
(J) "State contract solicitation" means a request by a state agency or 88
quasi-public agency, in whatever form issued, including, but not limited 89
to, an invitation to bid, request for proposals, request for information or 90
request for quotes, inviting bids, quotes or other types of submittals, 91
through a competitive procurement process or another process 92
authorized by law waiving competitive procurement. 93
(K) "Subcontractor" means any person, business entity or nonprofit 94
organization that contracts to perform part or all of the obligations of a 95
state contractor's state contract. Such person, business entity or 96
nonprofit organization shall be deemed to be a subcontractor until 97
December thirty-first of the year in which the subcontract terminates. 98
"Subcontractor" does not include (i) a municipality, [or] any other 99
political subdivision of the state or any Indian tribe of this state 100
recognized under subsection (b) of section 47-59a, including any entities 101
or associations duly created by the municipality, [or] political 102
subdivision or Indian tribe exclusively amongst themselves to further 103
any purpose authorized by statute, [or] charter or tribal law, or (ii) an 104
employee in the executive or legislative branch of state government or a 105
quasi-public agency, whether in the classified or unclassified service 106
and full or part-time, and only in such person's capacity as a state or 107
quasi-public agency employee. 108
(L) "Principal of a subcontractor" means (i) any individual who is a 109
member of the board of directors of, or has an ownership interest of five 110
per cent or more in, a subcontractor, which is a business entity, except 111
for an individual who is a member of the board of directors of a 112
nonprofit organization, (ii) an individual who is employed by a 113
subcontractor, which is a business entity, as president, treasurer or 114 Substitute Bill No. 953
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executive vice president, (iii) an individual who is the chief executive 115
officer of a subcontractor, which is not a business entity, or if a 116
subcontractor has no such officer, then the officer who duly possesses 117
comparable powers and duties, (iv) an officer or an employee of any 118
subcontractor who has managerial or discretionary responsibilities with 119
respect to a subcontract with a state contractor, (v) the spouse or a 120
dependent child who is eighteen years of age or older of an individual 121
described in this subparagraph, or (vi) a political committee established 122
or controlled by an individual described in this subparagraph or the 123
business entity or nonprofit organization that is the subcontractor. 124
(2) (A) No state contractor, prospective state contractor, principal of 125
a state contractor or principal of a prospective state contractor, with 126
regard to a state contract or a state contract solicitation with or from a 127
state agency in the executive branch or a quasi-public agency or a 128
holder, or principal of a holder, of a valid prequalification certificate, 129
shall make a contribution to, or, on and after January 1, 2011, knowingly 130
solicit contributions from the state contractor's or prospective state 131
contractor's employees or from a subcontractor or principals of the 132
subcontractor on behalf of (i) an exploratory committee or candidate 133
committee established by a candidate for nomination or election to the 134
office of Governor, Lieutenant Governor, Attorney General, State 135
Comptroller, Secretary of the State or State Treasurer, (ii) a political 136
committee authorized to make contributions or expenditures to or for 137
the benefit of such candidates, or (iii) a party committee; 138
(B) No state contractor, prospective state contractor, principal of a 139
state contractor or principal of a prospective state contractor, with 140
regard to a state contract or a state contract solicitation with or from the 141
General Assembly or a holder, or principal of a holder, of a valid 142
prequalification certificate, shall make a contribution to, or, on and after 143
January 1, 2011, knowingly solicit contributions from the state 144
contractor's or prospective state contractor's employees or from a 145
subcontractor or principals of the subcontractor on behalf of (i) an 146
exploratory committee or candidate committee established by a 147
candidate for nomination or election to the office of state senator or state 148 Substitute Bill No. 953
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representative, (ii) a political committee authorized to make 149
contributions or expenditures to or for the benefit of such candidates, or 150
(iii) a party committee; 151
(C) If a state contractor or principal of a state contractor makes or 152
solicits a contribution as prohibited under subparagraph (A) or (B) of 153
this subdivision, as determined by the State Elections Enforcement 154
Commission, the contracting state agency or quasi-public agency may, 155
in the case of a state contract executed on or after February 8, 2007, void 156
the existing contract with such contractor, and no state agency or quasi-157
public agency shall award the state contractor a state contract or an 158
extension or an amendment to a state contract for one year after the 159
election for which such contribution is made or solicited unless the 160
commission determines that mitigating circumstances exist concerning 161
such violation. No violation of the prohibitions contained in 162
subparagraph (A) or (B) of this subdivision shall be deemed to have 163
occurred if, and only if, the improper contribution is returned to the 164
principal by the later of thirty days after receipt of such contribution by 165
the recipient committee treasurer or the filing date that corresponds 166
with the reporting period in which such contribution was made; 167
(D) If a prospective state contractor or principal of a prospective state 168
contractor makes or solicits a contribution as prohibited under 169
subparagraph (A) or (B) of this subdivision, as determined by the State 170
Elections Enforcement Commission, no state agency or quasi-public 171
agency shall award the prospective state contractor the contract 172
described in the state contract solicitation or any other state contract for 173
one year after the election for which such contribution is made or 174
solicited unless the commission determines that mitigating 175
circumstances exist concerning such violation. The Commissioner of 176
Administrative Services shall notify applicants of the provisions of this 177
subparagraph and subparagraphs (A) and (B) of this subdivision during 178
the prequalification application process; 179
(E) The State Elections Enforcement Commission shall make 180
available to each state agency and quasi-public agency a written notice 181 Substitute Bill No. 953
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advising state contractors and prospective state contractors of the 182
contribution and solicitation prohibitions contained in subparagraphs 183
(A) and (B) of this subdivision. Such notice shall: (i) Direct each state 184
contractor and prospective state contractor to inform each individual 185
described in subparagraph (F) of subdivision (1) of this subsection, with 186
regard to such state contractor or prospective state contractor, about the 187
provisions of subparagraph (A) or (B) of this subdivision, whichever is 188
applicable, and this subparagraph; (ii) inform each state contractor and 189
prospective state contractor of the civil and criminal penalties that could 190
be imposed for violations of such prohibitions if any such contribution 191
is made or solicited; (iii) inform each state contractor and prospective 192
state contractor that, in the case of a state contractor, if any such 193
contribution is made or solicited, the contract may be voided; (iv) inform 194
each state contractor and prospective state contractor that, in the case of 195
a prospective state contractor, if any such contribution is made or 196
solicited, the contract described in the state contract solicitation shall not 197
be awarded, unless the commission determines that mitigating 198
circumstances exist concerning such violation; and (v) inform each state 199
contractor and prospective state contractor that the state will not award 200
any other state contract to anyone found in violation of such 201
prohibitions for a period of one year after the election for which such 202
contribution is made or solicited, unless the commission determines that 203
mitigating circumstances exist concerning such violation. Each state 204
agency and quasi-public agency shall include in the bid specifications 205
or request for proposals for a state contract, a copy of or Internet link to 206
such notice. No state agency or quasi-public agency shall execute a state 207
contract unless such contract contains a representation that the chief 208
executive officer or authorized signatory of the contract has received 209
such notice; and 210
(F) (i) Any principal of the state contractor or prospective state 211
contractor submitting a bid or proposal for a state contract shall certify 212
that neither the contractor or prospective state contractor, nor any of its 213
principals, have made any contributions to, or solicited any 214
contributions on behalf of, any party committee, exploratory committee, 215 Substitute Bill No. 953
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candidate for state-wide office or for the General Assembly, or political 216
committee authorized to make contributions to or expenditures to or for, 217
the benefit of such candidates, in the previous four years, that were 218
determined by the State Elections Enforcement Commission to be in 219
violation of subparagraph (A) or (B) of this subdivision, without 220
mitigating circumstances having been found to exist concerning such 221
violation. Each such certification shall be sworn as true to the best 222
knowledge and belief of the person signing the certification, subject to 223
the penalties of false statement. If there is any change in the information 224
contained in the most recently filed certification, such person shall 225
submit an updated certification not later than thirty days after the 226
effective date of any such change or upon the submittal of any new bid 227
or proposal for a state contract, whichever is earlier. 228
(ii) Each state agency and quasi-public agency shall include in the bid 229
specifications or request for proposals for a state contract a notice of the 230
certification requirements of this subparagraph. No state agency or 231
quasi-public agency shall execute a state contract unless the state agency 232
or quasi-public agency obtains the written certification described in this 233
subparagraph. 234
(iii) Any principal of the state contractor or prospective state 235
contractor submitting a bid or proposal for a state contract shall disclose 236
on the certification all contributions made by any of its principals to any 237
party committee, exploratory committee, candidate for state-wide office 238
or for the General Assembly, or political committee authorized to make 239
contributions to or expenditures to or for the benefit of such candidates 240
for a period of four years prior to the signing of the contract or date of 241
the response to the bid, whichever is longer, and certify that all such 242
contributions have been disclosed. 243
(3) (A) On and after December 31, 2006, neither the Governor, 244
Lieutenant Governor, Attorney General, State Comptroller, Secretary of 245
the State or State Treasurer, any candidate for any such office nor any 246
agent of any such official or candidate shall knowingly, wilfully or 247
intentionally solicit contributions on behalf of an exploratory committee 248 Substitute Bill No. 953
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or candidate committee established by a candidate for nomination or 249
election to any public office, a political committee or a party committee, 250
from a person who he or she knows is prohibited from making 251
contributions, including a principal of a state contractor or prospective 252
state contractor with regard to a state contract solicitation with or from 253
a state agency in the executive branch or a quasi-public agency or a 254
holder of a valid prequalification certificate. 255
(B) On and after December 31, 2006, neither a member of the General 256
Assembly, any candidate for any such office nor any agent of any such 257
official or candidate shall knowingly, wilfully or intentionally solicit 258
contributions on behalf of an exploratory committee or candidate 259
committee established by a candidate for nomination or election to any 260
public office, a political committee or a party committee, from a person 261
who he or she knows is prohibited from making contributions, 262
including a principal of a state contractor or prospective state contractor 263
with regard to a state contract solicitation with or from the General 264
Assembly or a holder of a valid prequalification certificate. 265
(4) The provisions of this subsection shall not apply to the campaign 266
of a principal of a state contractor or prospective state contractor or to a 267
principal of a state contractor or prospective state contractor who is an 268
elected public official. 269
(5) Each state contractor and prospective state contractor shall make 270
reasonable efforts to comply with the provisions of this subsection. If 271
the State Elections Enforcement Commission determines that a state 272
contractor or prospective state contractor has failed to make reasonable 273
efforts to comply with this subsection, the commission may impose civil 274
penalties against such state contractor or prospective state contractor in 275
accordance with subsection (a) of section 9-7b. 276
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 9-612(f)
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GAE Joint Favorable Subst.