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Substitute Senate Bill No. 386

Public Act No. 04-38

AN ACT MAKING CERTAIN REFORMS TO THE STATE ETHICS CODES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (d) of section 1-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(d) No complaint may be made under this section except within [three] five years next after the violation alleged in the complaint has been committed.

Sec. 2. Subsection (i) of section 1-84 of the general statutes, as amended by section 146 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(i) No public official or state employee or member of [his] the official or employee's immediate family or a business with which he is associated shall enter into any contract with the state, valued at one hundred dollars or more, other than a contract of employment as a state employee or pursuant to a court appointment, unless the contract has been awarded through an open and public process, including prior public offer and subsequent public disclosure of all proposals considered and the contract awarded. In no event shall an executive head of an agency, as defined in section 4-166, including a commissioner of a department, or an executive head of a quasi-public agency, as defined in section 1-79, or [his] the executive head's immediate family or a business with which he is associated enter into any contract with that agency or quasi-public agency. Nothing in this subsection shall be construed as applying to any public official who is appointed as a member of the executive branch or as a member or director of a quasi-public agency and who receives no compensation other than per diem payments or reimbursement for actual or necessary expenses, or both, incurred in the performance of [his] the public official's duties unless such public official has authority or control over the subject matter of the contract. Any contract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced within [ninety] one hundred eighty days of the making of the contract.

Sec. 3. Subsections (a) and (b) of section 1-88 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(a) The commission, upon a finding made pursuant to section 1-82, as amended by this act, that there has been a violation of any provision of this part, shall have the authority to order the violator to do any or all of the following: (1) Cease and desist the violation of this part; (2) file any report, statement or other information as required by this part; and (3) pay a civil penalty of not more than [two] ten thousand dollars for each violation of this part.

(b) Notwithstanding the provisions of subsection (a) of this section, the commission may, after a hearing conducted in accordance with sections 4-176e to 4-184, inclusive, upon the concurring vote of five of its members, impose a civil penalty not to exceed ten dollars per day upon any individual who fails to file any report, statement or other information as required by this part. Each distinct violation of this subsection shall be a separate offense and in case of a continued violation, each day thereof shall be deemed a separate offense. In no event shall the aggregate penalty imposed for such failure to file exceed [two] ten thousand dollars.

Sec. 4. Subsection (a) of section 1-89 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(a) Any person who intentionally violates any provision of this part shall be [imprisoned for a term not to exceed one year or shall be fined an amount not to exceed two thousand dollars, or both] guilty of a class D felony, provided no person may be found guilty of a violation of subsection (f) or (g) of section 1-84, as amended, and bribery or bribe receiving under section 53a-147 or 53a-148, as amended, upon the same incident, but such person may be charged and prosecuted for all or any of such offenses upon the same information.

Sec. 5. Subsection (d) of section 1-93 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(d) No complaint may be made under this section except within [three] five years next after the violation alleged in the complaint has been committed.

Sec. 6. Subsections (a) and (b) of section 1-99 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(a) The commission, upon a finding made pursuant to section 1-93, as amended by this act, that there has been a violation of any provision of this part, shall have the authority to order the violator to do any or all of the following: (1) Cease and desist the violation of this part; (2) file any report, statement or other information as required by this part; or (3) pay a civil penalty of not more than [two] ten thousand dollars for each violation of this part. The commission may prohibit any person who intentionally violates any provision of this part from engaging in the profession of lobbyist for a period of not more than two years. The commission may impose a civil penalty on any person who knowingly enters into a contingent fee agreement in violation of subsection (b) of section 1-97 or terminates a lobbying contract as the result of the outcome of an administrative or legislative action. The civil penalty shall be equal to the amount of compensation which the registrant was required to be paid under the agreement.

(b) Notwithstanding the provisions of subsection (a) of this section, the commission may, after a hearing conducted in accordance with sections 4-176e to 4-184, inclusive, upon the concurring vote of five of its members, impose a civil penalty not to exceed ten dollars per day upon any registrant who fails to file any report, statement or other information as required by this part. Each distinct violation of this subsection shall be a separate offense and, in case of a continued violation, each day thereof shall be deemed a separate offense. In no event shall the aggregate penalty imposed for such failure to file exceed [two] ten thousand dollars.

Sec. 7. Subsection (a) of section 1-100 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(a) Any person who intentionally violates any provision of this part shall be [imprisoned for a term not to exceed one year or shall be fined an amount not to exceed two thousand dollars, or both] guilty of a class D felony.

Approved May 4, 2004