Connecticut 2025 Regular Session

Connecticut Senate Bill SB00953 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 1 of 10
4	3
5		-	General Assembly Substitute Bill No. 953
	4	+	LCO No. 5562 1 of 10
	5	+
	6	+	General Assembly Committee Bill No. 953
6	7		January Session, 2025
	8	+	LCO No. 5562
7	9
8	10
	11	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	12	+	AND ELECTIONS
	13	+
	14	+
	15	+	Introduced by:
	16	+	(GAE)
9	17
10	18
11	19
12	20		AN ACT REDEFINING "STATE CONTRACTOR", "PROSPECTIVE
13	21		STATE CONTRACTOR" AND "SUBCONTRACTOR" TO EXCLUDE
14	22		STATUTORILY RECOGNIZED INDIAN TRIBES OF THIS STATE FOR
15	23		PURPOSES OF CAMPAIGN FINANCE LAWS.
16	24		Be it enacted by the Senate and House of Representatives in General
17	25		Assembly convened:
18	26
19	27		Section 1. Subsection (f) of section 9-612 of the general statutes is 1
20	28		repealed and the following is substituted in lieu thereof (Effective October 2
21	29		1, 2025): 3
22	30		(f) (1) As used in this subsection and subsections (g) and (h) of this 4
23	31		section: 5
24	32		(A) "Quasi-public agency" has the same meaning as provided in 6
25	33		section 1-120. 7
26	34		(B) "State agency" means any office, department, board, council, 8
27	35		commission, institution or other agency in the executive or legislative 9
28	36		branch of state government. 10
29	37		(C) "State contract" means an agreement or contract with the state or 11
30	38		any state agency or any quasi-public agency, let through a procurement 12
	39	+	Committee Bill No. 953
	40	+
	41	+
	42	+	LCO No. 5562 2 of 10
	43	+
31	44		process or otherwise, having a value of fifty thousand dollars or more, 13
32	45		or a combination or series of such agreements or contracts having a 14
33		-	value of one hundred thousand dollars or more in a calendar year, for 15 Substitute Bill No. 953
34		-
35		-
36		-	LCO 2 of 10
37		-
	46	+	value of one hundred thousand dollars or more in a calendar year, for 15
38	47		(i) the rendition of services, (ii) the furnishing of any goods, material, 16
39	48		supplies, equipment or any items of any kind, (iii) the construction, 17
40	49		alteration or repair of any public building or public work, (iv) the 18
41	50		acquisition, sale or lease of any land or building, (v) a licensing 19
42	51		arrangement, or (vi) a grant, loan or loan guarantee. "State contract" 20
43	52		does not include any agreement or contract with the state, any state 21
44	53		agency or any quasi-public agency that is exclusively federally funded, 22
45	54		an education loan, a loan to an individual for other than commercial 23
46	55		purposes or any agreement or contract between the state or any state 24
47	56		agency and the United States Department of the Navy or the United 25
48	57		States Department of Defense. 26
49	58		(D) "State contractor" means a person, business entity or nonprofit 27
50	59		organization that enters into a state contract. Such person, business 28
51	60		entity or nonprofit organization shall be deemed to be a state contractor 29
52	61		until December thirty-first of the year in which such contract terminates. 30
53	62		"State contractor" does not include a municipality, [or] any other 31
54	63		political subdivision of the state or any Indian tribe of this state 32
55	64		recognized under subsection (b) of section 47-59a, including any entities 33
56	65		or associations duly created by the municipality, [or] political 34
57	66		subdivision or Indian tribe exclusively amongst themselves to further 35
58		-	any purpose authorized by statute~~, [or] charter~~ or ~~tribal law~~, or an 36
59		-	~~employee in the~~ executive or legislative branch of state government or a 37
60		-	~~quasi-public~~ agency, whether in the classified or unclassified service 38
61		-	~~and full or part-~~time, and only in such person's capacity as a state or 39
62		-	~~quasi-public agency~~ employee. 40
	67	+	any purpose authorized by statute or charter, or an employee in the 36
	68	+	executive or legislative branch of state government or a quasi-public 37
	69	+	agency, whether in the classified or unclassified service and full or part-38
	70	+	time, and only in such person's capacity as a state or quasi-public agency 39
	71	+	employee. 40
63	72		(E) "Prospective state contractor" means a person, business entity or 41
64	73		nonprofit organization that (i) submits a response to a state contract 42
65	74		solicitation by the state, a state agency or a quasi-public agency, or a 43
66	75		proposal in response to a request for proposals by the state, a state 44
67	76		agency or a quasi-public agency, until the contract has been entered into, 45
	77	+	Committee Bill No. 953
	78	+
	79	+
	80	+	LCO No. 5562 3 of 10
	81	+
68	82		or (ii) holds a valid prequalification certificate issued by the 46
69	83		Commissioner of Administrative Services under section 4a-100. 47
70	84		"Prospective state contractor" does not include a municipality, [or] any 48
71		-	other political subdivision of the state or any Indian tribe of this state 49 Substitute Bill No. 953
72		-
73		-
74		-	LCO 3 of 10
75		-
	85	+	other political subdivision of the state or any Indian tribe of this state 49
76	86		recognized under subsection (b) of section 47-59a, including any entities 50
77	87		or associations duly created by the municipality, [or] political 51
78	88		subdivision or Indian tribe exclusively amongst themselves to further 52
79		-	any purpose authorized by statute~~, [or] charter~~ or ~~tribal law~~, or an 53
80		-	~~employee in the~~ executive or legislative branch of state government or a 54
81		-	~~quasi-public~~ agency, whether in the classified or unclassified service 55
82		-	~~and full or part-~~time, and only in such person's capacity as a state or 56
83		-	~~quasi-public agency~~ employee. 57
	89	+	any purpose authorized by statute or charter, or an employee in the 53
	90	+	executive or legislative branch of state government or a quasi-public 54
	91	+	agency, whether in the classified or unclassified service and full or part-55
	92	+	time, and only in such person's capacity as a state or quasi-public agency 56
	93	+	employee. 57
84	94		(F) "Principal of a state contractor or prospective state contractor" 58
85	95		means (i) any individual who is a member of the board of directors of, 59
86	96		or has an ownership interest of five per cent or more in, a state contractor 60
87	97		or prospective state contractor, which is a business entity, except for an 61
88	98		individual who is a member of the board of directors of a nonprofit 62
89	99		organization, (ii) an individual who is employed by a state contractor or 63
90	100		prospective state contractor, which is a business entity, as president, 64
91	101		treasurer or executive vice president, (iii) an individual who is the chief 65
92	102		executive officer of a state contractor or prospective state contractor, 66
93	103		which is not a business entity, or if a state contractor or prospective state 67
94	104		contractor has no such officer, then the officer who duly possesses 68
95	105		comparable powers and duties, (iv) an officer or an employee of any 69
96	106		state contractor or prospective state contractor who has managerial or 70
97	107		discretionary responsibilities with respect to a state contract, (v) the 71
98	108		spouse or a dependent child who is eighteen years of age or older of an 72
99	109		individual described in this subparagraph, or (vi) a political committee 73
100	110		established or controlled by an individual described in this 74
101	111		subparagraph or the business entity or nonprofit organization that is the 75
102	112		state contractor or prospective state contractor. 76
103	113		(G) "Dependent child" means a child residing in an individual's 77
104	114		household who may legally be claimed as a dependent on the federal 78
	115	+	Committee Bill No. 953
	116	+
	117	+
	118	+	LCO No. 5562 4 of 10
	119	+
105	120		income tax return of such individual. 79
106	121		(H) "Managerial or discretionary responsibilities with respect to a 80
107	122		state contract" means having direct, extensive and substantive 81
108		-	responsibilities with respect to the negotiation of the state contract and 82 Substitute Bill No. 953
109		-
110		-
111		-	LCO 4 of 10
112		-
	123	+	responsibilities with respect to the negotiation of the state contract and 82
113	124		not peripheral, clerical or ministerial responsibilities. 83
114	125		(I) "Rendition of services" means the provision of any service to a state 84
115	126		agency or quasi-public agency in exchange for a fee, remuneration or 85
116	127		compensation of any kind from the state or through an arrangement 86
117	128		with the state. 87
118	129		(J) "State contract solicitation" means a request by a state agency or 88
119	130		quasi-public agency, in whatever form issued, including, but not limited 89
120	131		to, an invitation to bid, request for proposals, request for information or 90
121	132		request for quotes, inviting bids, quotes or other types of submittals, 91
122	133		through a competitive procurement process or another process 92
123	134		authorized by law waiving competitive procurement. 93
124	135		(K) "Subcontractor" means any person, business entity or nonprofit 94
125	136		organization that contracts to perform part or all of the obligations of a 95
126	137		state contractor's state contract. Such person, business entity or 96
127	138		nonprofit organization shall be deemed to be a subcontractor until 97
128	139		December thirty-first of the year in which the subcontract terminates. 98
129	140		"Subcontractor" does not include (i) a municipality, [or] any other 99
130	141		political subdivision of the state or any Indian tribe of this state 100
131	142		recognized under subsection (b) of section 47-59a, including any entities 101
132	143		or associations duly created by the municipality, [or] political 102
133	144		subdivision or Indian tribe exclusively amongst themselves to further 103
134		-	any purpose authorized by statute~~, [or] charter~~ or ~~tribal law~~, or (ii) an 104
135		-	~~employee in the~~ executive or legislative branch of state government or a 105
136		-	~~quasi-public~~ agency, whether in the classified or unclassified service 106
137		-	~~and full or part-~~time, and only in such person's capacity as a state or 107
138		-	~~quasi-public agency~~ employee. 108
	145	+	any purpose authorized by statute or charter, or (ii) an employee in the 104
	146	+	executive or legislative branch of state government or a quasi-public 105
	147	+	agency, whether in the classified or unclassified service and full or part-106
	148	+	time, and only in such person's capacity as a state or quasi-public agency 107
	149	+	employee. 108
139	150		(L) "Principal of a subcontractor" means (i) any individual who is a 109
	151	+	Committee Bill No. 953
	152	+
	153	+
	154	+	LCO No. 5562 5 of 10
	155	+
140	156		member of the board of directors of, or has an ownership interest of five 110
141	157		per cent or more in, a subcontractor, which is a business entity, except 111
142	158		for an individual who is a member of the board of directors of a 112
143	159		nonprofit organization, (ii) an individual who is employed by a 113
144		-	subcontractor, which is a business entity, as president, treasurer or 114 Substitute Bill No. 953
145		-
146		-
147		-	LCO 5 of 10
148		-
	160	+	subcontractor, which is a business entity, as president, treasurer or 114
149	161		executive vice president, (iii) an individual who is the chief executive 115
150	162		officer of a subcontractor, which is not a business entity, or if a 116
151	163		subcontractor has no such officer, then the officer who duly possesses 117
152	164		comparable powers and duties, (iv) an officer or an employee of any 118
153	165		subcontractor who has managerial or discretionary responsibilities with 119
154	166		respect to a subcontract with a state contractor, (v) the spouse or a 120
155	167		dependent child who is eighteen years of age or older of an individual 121
156	168		described in this subparagraph, or (vi) a political committee established 122
157	169		or controlled by an individual described in this subparagraph or the 123
158	170		business entity or nonprofit organization that is the subcontractor. 124
159	171		(2) (A) No state contractor, prospective state contractor, principal of 125
160	172		a state contractor or principal of a prospective state contractor, with 126
161	173		regard to a state contract or a state contract solicitation with or from a 127
162	174		state agency in the executive branch or a quasi-public agency or a 128
163	175		holder, or principal of a holder, of a valid prequalification certificate, 129
164	176		shall make a contribution to, or, on and after January 1, 2011, knowingly 130
165	177		solicit contributions from the state contractor's or prospective state 131
166	178		contractor's employees or from a subcontractor or principals of the 132
167	179		subcontractor on behalf of (i) an exploratory committee or candidate 133
168	180		committee established by a candidate for nomination or election to the 134
169	181		office of Governor, Lieutenant Governor, Attorney General, State 135
170	182		Comptroller, Secretary of the State or State Treasurer, (ii) a political 136
171	183		committee authorized to make contributions or expenditures to or for 137
172	184		the benefit of such candidates, or (iii) a party committee; 138
173	185		(B) No state contractor, prospective state contractor, principal of a 139
174	186		state contractor or principal of a prospective state contractor, with 140
175	187		regard to a state contract or a state contract solicitation with or from the 141
176	188		General Assembly or a holder, or principal of a holder, of a valid 142
	189	+	Committee Bill No. 953
	190	+
	191	+
	192	+	LCO No. 5562 6 of 10
	193	+
177	194		prequalification certificate, shall make a contribution to, or, on and after 143
178	195		January 1, 2011, knowingly solicit contributions from the state 144
179	196		contractor's or prospective state contractor's employees or from a 145
180	197		subcontractor or principals of the subcontractor on behalf of (i) an 146
181	198		exploratory committee or candidate committee established by a 147
182		-	candidate for nomination or election to the office of state senator or state 148 Substitute Bill No. 953
183		-
184		-
185		-	LCO 6 of 10
186		-
	199	+	candidate for nomination or election to the office of state senator or state 148
187	200		representative, (ii) a political committee authorized to make 149
188	201		contributions or expenditures to or for the benefit of such candidates, or 150
189	202		(iii) a party committee; 151
190	203		(C) If a state contractor or principal of a state contractor makes or 152
191	204		solicits a contribution as prohibited under subparagraph (A) or (B) of 153
192	205		this subdivision, as determined by the State Elections Enforcement 154
193	206		Commission, the contracting state agency or quasi-public agency may, 155
194	207		in the case of a state contract executed on or after February 8, 2007, void 156
195	208		the existing contract with such contractor, and no state agency or quasi-157
196	209		public agency shall award the state contractor a state contract or an 158
197	210		extension or an amendment to a state contract for one year after the 159
198	211		election for which such contribution is made or solicited unless the 160
199	212		commission determines that mitigating circumstances exist concerning 161
200	213		such violation. No violation of the prohibitions contained in 162
201	214		subparagraph (A) or (B) of this subdivision shall be deemed to have 163
202	215		occurred if, and only if, the improper contribution is returned to the 164
203	216		principal by the later of thirty days after receipt of such contribution by 165
204	217		the recipient committee treasurer or the filing date that corresponds 166
205	218		with the reporting period in which such contribution was made; 167
206	219		(D) If a prospective state contractor or principal of a prospective state 168
207	220		contractor makes or solicits a contribution as prohibited under 169
208	221		subparagraph (A) or (B) of this subdivision, as determined by the State 170
209	222		Elections Enforcement Commission, no state agency or quasi-public 171
210	223		agency shall award the prospective state contractor the contract 172
211	224		described in the state contract solicitation or any other state contract for 173
212	225		one year after the election for which such contribution is made or 174
213	226		solicited unless the commission determines that mitigating 175
	227	+	Committee Bill No. 953
	228	+
	229	+
	230	+	LCO No. 5562 7 of 10
	231	+
214	232		circumstances exist concerning such violation. The Commissioner of 176
215	233		Administrative Services shall notify applicants of the provisions of this 177
216	234		subparagraph and subparagraphs (A) and (B) of this subdivision during 178
217	235		the prequalification application process; 179
218	236		(E) The State Elections Enforcement Commission shall make 180
219		-	available to each state agency and quasi-public agency a written notice 181 Substitute Bill No. 953
220		-
221		-
222		-	LCO 7 of 10
223		-
	237	+	available to each state agency and quasi-public agency a written notice 181
224	238		advising state contractors and prospective state contractors of the 182
225	239		contribution and solicitation prohibitions contained in subparagraphs 183
226	240		(A) and (B) of this subdivision. Such notice shall: (i) Direct each state 184
227	241		contractor and prospective state contractor to inform each individual 185
228	242		described in subparagraph (F) of subdivision (1) of this subsection, with 186
229	243		regard to such state contractor or prospective state contractor, about the 187
230	244		provisions of subparagraph (A) or (B) of this subdivision, whichever is 188
231	245		applicable, and this subparagraph; (ii) inform each state contractor and 189
232	246		prospective state contractor of the civil and criminal penalties that could 190
233	247		be imposed for violations of such prohibitions if any such contribution 191
234	248		is made or solicited; (iii) inform each state contractor and prospective 192
235	249		state contractor that, in the case of a state contractor, if any such 193
236	250		contribution is made or solicited, the contract may be voided; (iv) inform 194
237	251		each state contractor and prospective state contractor that, in the case of 195
238	252		a prospective state contractor, if any such contribution is made or 196
239	253		solicited, the contract described in the state contract solicitation shall not 197
240	254		be awarded, unless the commission determines that mitigating 198
241	255		circumstances exist concerning such violation; and (v) inform each state 199
242	256		contractor and prospective state contractor that the state will not award 200
243	257		any other state contract to anyone found in violation of such 201
244	258		prohibitions for a period of one year after the election for which such 202
245	259		contribution is made or solicited, unless the commission determines that 203
246	260		mitigating circumstances exist concerning such violation. Each state 204
247	261		agency and quasi-public agency shall include in the bid specifications 205
248	262		or request for proposals for a state contract, a copy of or Internet link to 206
249	263		such notice. No state agency or quasi-public agency shall execute a state 207
250	264		contract unless such contract contains a representation that the chief 208
251	265		executive officer or authorized signatory of the contract has received 209
	266	+	Committee Bill No. 953
	267	+
	268	+
	269	+	LCO No. 5562 8 of 10
	270	+
252	271		such notice; and 210
253	272		(F) (i) Any principal of the state contractor or prospective state 211
254	273		contractor submitting a bid or proposal for a state contract shall certify 212
255	274		that neither the contractor or prospective state contractor, nor any of its 213
256	275		principals, have made any contributions to, or solicited any 214
257		-	contributions on behalf of, any party committee, exploratory committee, 215 Substitute Bill No. 953
258		-
259		-
260		-	LCO 8 of 10
261		-
	276	+	contributions on behalf of, any party committee, exploratory committee, 215
262	277		candidate for state-wide office or for the General Assembly, or political 216
263	278		committee authorized to make contributions to or expenditures to or for, 217
264	279		the benefit of such candidates, in the previous four years, that were 218
265	280		determined by the State Elections Enforcement Commission to be in 219
266	281		violation of subparagraph (A) or (B) of this subdivision, without 220
267	282		mitigating circumstances having been found to exist concerning such 221
268	283		violation. Each such certification shall be sworn as true to the best 222
269	284		knowledge and belief of the person signing the certification, subject to 223
270	285		the penalties of false statement. If there is any change in the information 224
271	286		contained in the most recently filed certification, such person shall 225
272	287		submit an updated certification not later than thirty days after the 226
273	288		effective date of any such change or upon the submittal of any new bid 227
274	289		or proposal for a state contract, whichever is earlier. 228
275	290		(ii) Each state agency and quasi-public agency shall include in the bid 229
276	291		specifications or request for proposals for a state contract a notice of the 230
277	292		certification requirements of this subparagraph. No state agency or 231
278	293		quasi-public agency shall execute a state contract unless the state agency 232
279	294		or quasi-public agency obtains the written certification described in this 233
280	295		subparagraph. 234
281	296		(iii) Any principal of the state contractor or prospective state 235
282	297		contractor submitting a bid or proposal for a state contract shall disclose 236
283	298		on the certification all contributions made by any of its principals to any 237
284	299		party committee, exploratory committee, candidate for state-wide office 238
285	300		or for the General Assembly, or political committee authorized to make 239
286	301		contributions to or expenditures to or for the benefit of such candidates 240
287	302		for a period of four years prior to the signing of the contract or date of 241
	303	+	Committee Bill No. 953
	304	+
	305	+
	306	+	LCO No. 5562 9 of 10
	307	+
288	308		the response to the bid, whichever is longer, and certify that all such 242
289	309		contributions have been disclosed. 243
290	310		(3) (A) On and after December 31, 2006, neither the Governor, 244
291	311		Lieutenant Governor, Attorney General, State Comptroller, Secretary of 245
292	312		the State or State Treasurer, any candidate for any such office nor any 246
293	313		agent of any such official or candidate shall knowingly, wilfully or 247
294		-	intentionally solicit contributions on behalf of an exploratory committee 248 Substitute Bill No. 953
295		-
296		-
297		-	LCO 9 of 10
298		-
	314	+	intentionally solicit contributions on behalf of an exploratory committee 248
299	315		or candidate committee established by a candidate for nomination or 249
300	316		election to any public office, a political committee or a party committee, 250
301	317		from a person who he or she knows is prohibited from making 251
302	318		contributions, including a principal of a state contractor or prospective 252
303	319		state contractor with regard to a state contract solicitation with or from 253
304	320		a state agency in the executive branch or a quasi-public agency or a 254
305	321		holder of a valid prequalification certificate. 255
306	322		(B) On and after December 31, 2006, neither a member of the General 256
307	323		Assembly, any candidate for any such office nor any agent of any such 257
308	324		official or candidate shall knowingly, wilfully or intentionally solicit 258
309	325		contributions on behalf of an exploratory committee or candidate 259
310	326		committee established by a candidate for nomination or election to any 260
311	327		public office, a political committee or a party committee, from a person 261
312	328		who he or she knows is prohibited from making contributions, 262
313	329		including a principal of a state contractor or prospective state contractor 263
314	330		with regard to a state contract solicitation with or from the General 264
315	331		Assembly or a holder of a valid prequalification certificate. 265
316	332		(4) The provisions of this subsection shall not apply to the campaign 266
317	333		of a principal of a state contractor or prospective state contractor or to a 267
318	334		principal of a state contractor or prospective state contractor who is an 268
319	335		elected public official. 269
320	336		(5) Each state contractor and prospective state contractor shall make 270
321	337		reasonable efforts to comply with the provisions of this subsection. If 271
322	338		the State Elections Enforcement Commission determines that a state 272
323	339		contractor or prospective state contractor has failed to make reasonable 273
	340	+	Committee Bill No. 953
	341	+
	342	+
	343	+	LCO No. 5562 10 of 10
	344	+
324	345		efforts to comply with this subsection, the commission may impose civil 274
325	346		penalties against such state contractor or prospective state contractor in 275
326	347		accordance with subsection (a) of section 9-7b. 276
327	348		This act shall take effect as follows and shall amend the following
328	349		sections:
329	350
330	351		Section 1 October 1, 2025 9-612(f)
331		-	Substitute Bill No. 953
332	352
	353	+	Statement of Purpose:
	354	+	To redefine "state contractor", "prospective state contractor" and
	355	+	"subcontractor" to exclude statutorily recognized Indian tribes of this
	356	+	state for purposes of campaign finance laws.
333	357
334		-	LCO 10 of 10
	358	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	359	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	360	+	underlined.]
335	361
336		-	GAE Joint Favorable Subst.
	362	+	Co-Sponsors: SEN. OSTEN, 19th Dist.; REP. WILSON, 46th Dist.
	363	+	REP. NOLAN, 39th Dist.
	364	+
	365	+	S.B. 953
	366	+
337	367