House Bill No. 8004
House Bill No. 8004
June 18 Special Session, PUBLIC ACT NO. 97-5
AN ACT CONCERNING CAMPAIGN FINANCE REFORM.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) (a) The Secretary of the
State shall (1) not later than July 1, 1998,
create a software program or programs for the
preparation of financial disclosure statements
required by section 9-333j of the general
statutes, as amended by this act, and (2) not
later than July 1, 1999, prescribe the standard
reporting format and specifications for other
software programs created by vendors for such
purpose, subject to the approval, for legal
sufficiency, of the State Elections Enforcement
Commission. No software program created by a
vendor may be used for the electronic submission
of such financial disclosure statements, until the
Secretary of the State determines that the program
provides for the standard reporting format, and
complies with the specifications, which are
prescribed under subdivision (2) of this
subsection for vendor software programs. The
secretary, in consultation with the commission,
shall provide training in the use of the software
program or programs created by the secretary.
(b) On and after January 1, 1999, the campaign
treasurer of the candidate committee for each
candidate for nomination or election to the office
of Governor, Lieutenant Governor, Attorney
General, State Comptroller, State Treasurer or
Secretary of the State who raises or spends two
hundred fifty thousand dollars or more during an
election campaign shall file in electronic form
all financial disclosure statements required by
said section 9-333j by either transmitting disks,
tapes or other electronic storage media containing
the contents of such statements to the office of
the Secretary of the State or transmitting the
statements on-line to said office. Each such
campaign treasurer shall use either (1) a software
program created by the Secretary of the State
under subdivision (1) of subsection (a) of this
section, for all such statements filed on or after
January 1, 1999, or (2) or another software
program which provides for the standard reporting
format, and complies with the specifications,
which are prescribed by the secretary under
subdivision (2) of subsection (a) of this section,
for all such statements filed on or after July 1,
1999. The office of the Secretary of the State
shall accept any statement that uses any such
software program. Once any such candidate
committee has raised or spent two hundred fifty
thousand dollars or more during an election
campaign, all previously filed statements required
by said section 9-333j, which were not filed in
electronic form shall be refiled in such form,
using such a software program, not later than the
date on which the campaign treasurer of the
committee is required to file the next regular
statement under said section 9-333j.
(c) On and after January 1, 1999, (1) the
campaign treasurer of the candidate committee for
any other candidate, as defined in section 9-333a
of the general statutes, as amended by this act,
who is required to file the financial disclosure
statements required by section 9-333j of the
general statutes, as amended by this act, with the
office of the Secretary of the State and (2) the
campaign treasurer of any political committee or
party committee, may file in electronic form any
financial disclosure statements required by said
section 9-333j. Such filings may be made by either
transmitting disks, tapes or other electronic
storage media containing the contents of such
statements to the proper authority under section
9-333e of the general statutes or transmitting the
statements on-line to such proper authority. Each
such campaign treasurer shall use either (A) a
software program created by the Secretary of the
State under subdivision (1) of subsection (a) of
this section, for all such statements filed in
electronic form on or after January 1, 1999, or
(B) another software program which provides for
the standard reporting format, and complies with
the specifications, which are prescribed by the
secretary under subdivision (2) of subsection (a)
of this section, for all such statements filed in
electronic form on or after July 1, 1999. The
proper authority under section 9-333e of the
general statutes shall accept any statement that
uses any such software program.
Sec. 2. (NEW) On and after January 1, 1999,
the Secretary of the State shall, to the extent
feasible, convert all data in statements required
by section 9-333j of the general statutes, as
amended by this act, that are filed in paper
format on and after such date, to an electronic
format.
Sec. 3. (NEW) On and after January 1, 1999,
the Secretary of the State shall make all
computerized data from statements required by
section 9-333j of the general statutes, as amended
by this act, available to the public through (1)
computer terminals in the Office of the Secretary
of the State and, if feasible, at remote access
locations and (2) the Internet or any other
generally available on-line computer network.
Sec. 4. Not later than February 1, 2000, the
Secretary of the State shall submit a report to
the joint standing committee of the General
Assembly having cognizance of matters relating to
elections, in accordance with the provisions of
section 11-4a of the general statutes. The report
shall set forth his findings on the implementation
of sections 1, 2 and 3 of this act.
Sec. 5. (NEW) (a) Not later than July 1, 1998,
the State Ethics Commission shall (1) create a
software program for the preparation of financial
reports required by section 1-96 of the general
statutes, as amended by this act, and (2)
prescribe specifications for other software
programs created by vendors for such purpose. The
commission shall provide training in the use of
the software program created by the commission.
(b) On and after January 1, 1999, each
registrant required to file any financial reports
under section 1-96 of the general statutes, as
amended, shall do so in electronic form using the
software created by the commission under
subsection (a) of this section or another software
program which meets the specifications prescribed
by the commission under said subsection (a).
Sec. 6. (NEW) On and after January 1, 1999,
the State Ethics Commission shall make all
computerized data from financial reports required
by section 1-96 of the general statutes, as
amended, available to the public through (1) a
computer terminal in the office of the commission
and (2) the Internet or any other generally
available on-line computer network.
Sec. 7. Not later than February 1, 2000, the
State Ethics Commission shall submit a report to
the joint standing committee of the General
Assembly having cognizance of matters relating to
ethics, in accordance with the provisions of
section 11-4a of the general statutes. The report
shall set forth its findings on the implementation
of sections 5 and 6 of this act.
Sec. 8. Subsection (c) of section 9-333j of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) (1) Each statement filed under subsection
(a), (e) or (f) of this section shall include, but
not be limited to: (A) An itemized accounting of
each contribution, if any, including the full name
and complete address of each contributor and the
amount of the contribution; (B) in the case of
anonymous contributions, the total amount received
and the denomination of the bills; (C) an itemized
accounting of each expenditure, if any, including
the full name and complete address of each payee,
the amount and the purpose of the expenditure, THE
CANDIDATE SUPPORTED OR OPPOSED BY THE EXPENDITURE,
WHETHER THE EXPENDITURE IS MADE INDEPENDENTLY OF
THE CANDIDATE SUPPORTED OR IS AN IN-KIND
CONTRIBUTION TO THE CANDIDATE, and a statement of
the balance on hand or deficit, as the case may
be; (D) an itemized accounting of each expense
incurred but not paid; (E) the name and address of
any person who is the guarantor of a loan to, or
the cosigner of a note with, the candidate on
whose behalf the committee was formed, or the
campaign treasurer in the case of a party
committee or a political committee or who has
advanced a security deposit to a telephone
company, as defined in section 16-1, for
telecommunications service for a committee; (F)
for each business entity or person purchasing
advertising space in a program for a fund-raising
affair, the name and address of the business
entity and the name of the chief executive officer
of the business entity or the name and address of
the person, and the amount and aggregate amounts
of such purchases; (G) FOR EACH INDIVIDUAL WHO
CONTRIBUTES IN EXCESS OF ONE HUNDRED DOLLARS BUT
NOT MORE THAN ONE THOUSAND DOLLARS, IN THE
AGGREGATE, TO THE EXTENT KNOWN, THE PRINCIPAL
OCCUPATION OF SUCH INDIVIDUAL AND THE NAME OF THE
INDIVIDUAL'S EMPLOYER, IF ANY; (H) for each
individual who contributes in excess of one
thousand dollars in the aggregate, the principal
occupation of such individual, the name of the
individual's employer, if any, and a statement
indicating whether the individual or a business
with which he is associated has a contract with
the state which is valued at more than five
thousand dollars; and [(H)] (I) for each itemized
contribution made by a lobbyist, the spouse of a
lobbyist or any dependent child of a lobbyist who
resides in the lobbyist's household, a statement
to that effect. Each campaign treasurer shall
include in such statement an itemized accounting
of the receipts and expenditures relative to any
testimonial affair held under the provisions of
section 9-333k or any other fund-raising affair.
(2) Each contributor described in
[subparagraphs (G) and] SUBPARAGRAPH (G), (H) OR
(I) of subdivision (1) of this subsection shall,
at the time he makes such a contribution, provide
the information which the campaign treasurer is
required to include under said [subparagraphs (G)
and (H)] SUBPARAGRAPH in the statement filed under
subsection (a), (e) or (f) of this section.
NOTWITHSTANDING ANY PROVISION OF SUBDIVISION (2)
OF SECTION 9-7b, ANY CONTRIBUTOR DESCRIBED IN
SUBPARAGRAPH (G) OF SUBDIVISION (1) OF THIS
SUBSECTION WHO DOES NOT PROVIDE SUCH INFORMATION
AT THE TIME HE MAKES SUCH A CONTRIBUTION AND ANY
TREASURER SHALL NOT BE SUBJECT TO THE PROVISIONS
OF SUBDIVISION (2) OF SECTION 9-7b. If a campaign
treasurer receives [any such] A contribution from
an individual which separately, or in the
aggregate, is in excess of one thousand dollars
and the contributor has not provided the
information required by said subparagraph [(G)]
(H), the campaign treasurer: [, within] (i) WITHIN
three business days after receiving the
contribution, shall send a request for such
information to the contributor by certified mail,
return receipt requested; [. Notwithstanding the
provisions of section 9-333h, the campaign
treasurer] (ii) shall not deposit [any such] THE
contribution until he obtains such information
from the contributor, [. The campaign treasurer]
NOTWITHSTANDING THE PROVISIONS OF SECTION 9-333h,
AND (iii) shall return the contribution to the
contributor if the contributor does not provide
the required information within fourteen days
after the treasurer's written request or the end
of the reporting period in which the contribution
was received, whichever is later. Any failure of a
contributor to provide the information which the
campaign treasurer is required to include under
said subparagraph [(H)] (G) OR (I), which results
in noncompliance by the campaign treasurer with
the provisions of said subparagraph [(H)] (G) OR
(I), shall be a complete defense to any action
against the campaign treasurer for failure to
disclose such information.
(3) Contributions from a single individual to
a campaign treasurer in the aggregate totaling
thirty dollars or less need not be individually
identified in the statement, but a sum
representing the total amount of all such
contributions made by all such individuals during
the period to be covered by such statement shall
be a separate entry, identified only by the words
"total contributions from small contributors".
(4) Statements filed in accordance with this
section shall remain public records of the state
for five years from the date such statements are
filed.
Sec. 9. Section 9-333b of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) As used in this chapter, "contribution"
means:
(1) Any gift, subscription, loan, advance,
payment or deposit of money or anything of value,
made for the purpose of influencing the nomination
for election, or election, of any person or for
the purpose of aiding or promoting the success or
defeat of any referendum question or on behalf of
any political party;
(2) A written contract, promise or agreement
to make a contribution for any such purpose;
(3) The payment by any person, other than a
candidate or campaign treasurer, of compensation
for the personal services of any other person
which are rendered without charge to a committee
or candidate for any such purpose;
(4) An expenditure when made by a person with
the cooperation of, or in consultation with, any
candidate, candidate committee or candidate's
agent or which is made in concert with, or at the
request or suggestion of, any candidate, candidate
committee or candidate's agent; or
(5) Funds received by a committee which are
transferred from another committee or other source
for any such purpose.
(b) As used in this chapter, "contribution"
does not mean:
(1) A loan of money made in the ordinary
course of business by a national or state bank;
(2) Any communication made by a corporation,
organization or association to its members,
owners, stockholders, executive or administrative
personnel, or their families;
(3) Nonpartisan voter registration and
get-out-the-vote campaigns by any corporation,
organization or association aimed at its members,
owners, stockholders, executive or administrative
personnel, or their families;
(4) Uncompensated services provided by
individuals volunteering their time;
(5) The use of real or personal property, and
the cost of invitations, food or beverages,
voluntarily provided by an individual to a
candidate or on behalf of a state central or town
committee, in rendering voluntary personal
services for candidate or party-related activities
at the individual's residence, to the extent that
the cumulative value of the invitations, food or
beverages provided by the individual on behalf of
any single candidate does not exceed two hundred
dollars with respect to any single election, and
on behalf of all state central and town committees
does not exceed four hundred dollars in any
calendar year;
(6) The sale of food or beverage for use in a
candidate's campaign or for use by a state central
or town committee at a discount, if the charge is
not less than the cost to the vendor, to the
extent that the cumulative value of the discount
given to or on behalf of any single candidate does
not exceed two hundred dollars with respect to any
single election, and on behalf of all state
central and town committees does not exceed four
hundred dollars in a calendar year;
(7) Any unreimbursed payment for travel
expenses made by an individual who on his own
behalf volunteers his personal services to any
single candidate to the extent the cumulative
value does not exceed two hundred dollars with
respect to any single election, and on behalf of
all state central or town committees does not
exceed four hundred dollars in a calendar year;
(8) The payment, by a party committee,
political committee or an individual, of the costs
of preparation, display, mailing or other
distribution incurred by the committee or
individual with respect to any printed slate card,
sample ballot or other printed list containing the
names of three or more candidates;
(9) The donation of any item of personal
property by an individual to a committee for a
fund-raising affair, including a tag sale or
auction, or the purchase by an individual of any
such item at such an affair, to the extent that
the cumulative value donated or purchased does not
exceed fifty dollars;
[(10) The purchase by an individual of tickets
to any single fund-raising affair to the extent
the aggregate purchase price of all such tickets
does not exceed thirty dollars;
(11)] (10) The purchase of advertising space
which clearly identifies the purchaser, in a
program for a fund-raising affair, provided the
cumulative purchase of such space does not exceed
two hundred fifty dollars from any single
candidate or his committee with respect to any
single election campaign or two hundred fifty
dollars from any single party committee or other
political committee in any calendar year if the
purchaser is a business entity or fifty dollars
for purchases by any other person;
[(12)] (11) The payment of money by a
candidate to his candidate committee;
[(13)] (12) The donation of goods or services
by a business entity to a committee for a
fund-raising affair, including a tag sale or
auction, to the extent that the cumulative value
donated does not exceed one hundred dollars; or
[(14)] (13) The advance of a security deposit
by an individual to a telephone company, as
defined in section 16-1, for telecommunications
service for a committee, provided the security
deposit is refunded to the individual.
Sec. 10. Subsection (g) of section 9-333l of
the general statutes is repealed and the following
is substituted in lieu thereof:
(g) As used in this subsection, "immediate
family" means any spouse or dependent child who
resides in a lobbyist's household. Each lobbyist
who is an individual and, in conjunction with
members of his immediate family, makes
contributions to or purchases from committees
exceeding one thousand dollars in the aggregate
during the twelve-month period beginning July 1,
1993, or July first in any year thereafter, shall
file a statement, sworn under penalty of false
statement, with the Secretary of the State in
accordance with the provisions of section 9-333e,
on the second Thursday in July following the end
of such twelve-month period. The statement shall
include: (1) The name of each committee to which
the lobbyist or a member of his immediate family
has made a contribution and the amount and date of
each such contribution; and (2) the name of each
committee from which the lobbyist or member of his
immediate family has purchased any item of
property or advertising space in a program [or
ticket] in connection with a fund-raising event
which is not considered a contribution under
subsection (b) of section 9-333b, AS AMENDED BY
THIS ACT, and the amount, date and description of
each such purchase. Each lobbyist who is an
individual and who, in conjunction with members of
his immediate family, does not make contributions
to or purchases from committees exceeding one
thousand dollars in the aggregate during any such
twelve-month period shall file a statement, sworn
under penalty of false statement, with the
Secretary of the State in accordance with the
provisions of section 9-333e, on the second
Thursday in July, so indicating.
Sec. 11. Section 9-333a of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in this chapter:
(1) "Committee" means a party committee,
political committee or a candidate committee
organized, as the case may be, for a single
primary, election or referendum, or for ongoing
political activities, to aid or promote the
success or defeat of any political party, any one
or more candidates for public office or the
position of convention delegate or town committee
member or any referendum question.
(2) "Party committee" means a state central
committee or a town committee. "Party committee"
does not mean a party-affiliated or district, ward
or borough committee which receives all of its
funds from the state central committee of its
party or from a single town committee with the
same party affiliation. Any such committee so
funded shall be construed to be a part of its
state central or town committee for purposes of
this chapter.
(3) "Political committee" means (A) a
committee organized by a business entity or
organization, (B) persons other than individuals,
or two or more individuals organized or acting
jointly conducting their activities in or outside
the state, (C) a committee established by a
candidate to determine the particular public
office to which he shall seek nomination or
election, and referred to in this chapter as an
exploratory committee or (D) a committee
established by or on behalf of a slate of
candidates in a primary for the position of
convention delegate, but does not mean a candidate
committee or a party committee.
(4) "Candidate committee" means any committee
designated by a single candidate, or established
with the consent, authorization or cooperation of
a candidate, for the purpose of a single primary
or election and to aid or promote his candidacy
alone for a particular public office or the
position of town committee member, but does not
mean a political committee or a party committee.
(5) "National committee" means the
organization which according to the bylaws of a
political party is responsible for the day-to-day
operation of the party at the national level.
(6) "Organization" means all labor
organizations, (A) as defined in the
Labor-Management Reporting and Disclosure Act of
1959, as from time to time amended, or (B) as
defined in subdivision (9) of section 31-101,
employee organizations as defined in subsection
(d) of section 5-270 and subdivision (6) of
section 7-467, bargaining representative
organizations for teachers, any local, state or
national organization, to which a labor
organization pays membership or per capita fees,
based upon its affiliation or membership, and
trade or professional associations which receive
their funds exclusively from membership dues,
whether organized in or outside of this state, but
does not mean a candidate committee, party
committee or a political committee.
(7) "Business entity" means the following,
whether organized in or outside of this state:
Stock corporations, banks, insurance companies,
business associations, bankers associations,
insurance associations, trade or professional
associations which receive funds from membership
dues and other sources, partnerships, joint
ventures, private foundations, as defined in
Section 509 of the Internal Revenue Code of 1986,
or any subsequent corresponding internal revenue
code of the United States, as from time to time
amended; trusts or estates; corporations organized
under sections 38a-175 to 38a-192, inclusive,
38a-199 to 38a-209, inclusive, and 38a-214 to
38a-225, inclusive, and chapters 594 to 597,
inclusive; cooperatives, and any other
association, organization or entity which is
engaged in the operation of a business or
profit-making activity; but does not include
professional service corporations organized under
chapter 594a and owned by a single individual,
nonstock corporations which are not engaged in
business or profit-making activity, organizations,
as defined in subdivision (6) of this section,
candidate committees, party committees and
political committees as defined in this section.
For purposes of this chapter, corporations which
are component members of a controlled group of
corporations, as those terms are defined in
Section 1563 of the Internal Revenue Code of 1986,
or any subsequent corresponding internal revenue
code of the United States, as from time to time
amended, shall be deemed to be one corporation.
(8) "Individual" means a human being, a sole
proprietorship, or a professional service
corporation organized under chapter 594a and owned
by a single human being.
(9) "Person" means an individual, committee,
firm, partnership, organization, association,
syndicate, company trust, corporation, limited
liability company or any other legal entity of any
kind but does not mean the state or any political
or administrative subdivision of the state.
(10) "Candidate" means an individual who seeks
nomination for election or election to public
office whether or not such individual is elected,
and for the purposes of this chapter an individual
shall be deemed to seek nomination for election or
election if he has (A) been endorsed by a party or
become eligible for a position on the ballot at an
election or primary or (B) solicited or received
contributions or made expenditures or given his
consent to any other person to solicit or receive
contributions or make expenditures with the intent
to bring about his nomination for election or
election to any such office. "Candidate" also
means a slate of candidates which is to appear on
the ballot in a primary for the position of
convention delegate. For the purposes of sections
9-333 to 9-333l, inclusive, AS AMENDED BY THIS
ACT, and section 9-333w, "candidate" also means an
individual who is a candidate in a primary for
town committee members.
(11) "Campaign treasurer" means the individual
appointed by a candidate or by the chairman of a
party committee or a political committee to
receive and disburse funds on behalf of the
candidate or committee.
(12) "Deputy campaign treasurer" means the
individual appointed by the candidate or by the
chairman of a committee to serve in the capacity
of the campaign treasurer if the campaign
treasurer is unable to perform his duties.
(13) "Solicitor" means an individual appointed
by a campaign treasurer of a committee to receive,
but not to disburse, funds on behalf of the
committee.
(14) "Referendum question" means a question to
be voted upon at any election or referendum,
including a proposed constitutional amendment.
(15) "Lobbyist" means a lobbyist as defined in
subsection (l) of section 1-91.
(16) "Business with which he is associated"
means any business in which the contributor is a
director, officer, owner, limited or general
partner or holder of stock constituting five per
cent or more of the total outstanding stock of any
class. Officer refers only to the president,
executive or senior vice-president or treasurer of
such business.
(17) "INDEPENDENT EXPENDITURE" MEANS AN
EXPENDITURE THAT IS MADE WITHOUT THE CONSENT,
KNOWING PARTICIPATION, OR CONSULTATION OF, A
CANDIDATE OR AGENT OF THE CANDIDATE COMMITTEE.
"INDEPENDENT EXPENDITURE" DOES NOT INCLUDE AN
EXPENDITURE (A) IF THERE IS ANY COORDINATION OR
DIRECTION WITH RESPECT TO THE EXPENDITURE BETWEEN
THE CANDIDATE OR THE TREASURER, DEPUTY TREASURER
OR CHAIRMAN OF HIS CANDIDATE COMMITTEE AND THE
PERSON MAKING THE EXPENDITURE OR (B) IF, DURING
THE SAME ELECTION CYCLE, THE INDIVIDUAL MAKING THE
EXPENDITURE SERVES OR HAS SERVED AS THE TREASURER,
DEPUTY TREASURER OR CHAIRMAN OF THE CANDIDATE
COMMITTEE.
Sec. 12. Subsections (d) and (e) of section
9-333n of the general statutes are repealed and
the following is substituted in lieu thereof:
(d) Any individual may make unlimited
contributions or expenditures to aid or promote
the success or defeat of any referendum question,
PROVIDED ANY INDIVIDUAL WHO MAKES AN EXPENDITURE
OR EXPENDITURES IN EXCESS OF ONE THOUSAND DOLLARS
TO PROMOTE THE SUCCESS OR DEFEAT OF ANY REFERENDUM
QUESTION SHALL FILE STATEMENTS ACCORDING TO THE
SAME SCHEDULE AND IN THE SAME MANNER AS IS
REQUIRED OF A CAMPAIGN TREASURER OF A POLITICAL
COMMITTEE UNDER SECTION 9-333j, AS AMENDED BY THIS
ACT.
(e) Any individual ACTING ALONE may,
independent of any [other person] CANDIDATE, AGENT
OF THE CANDIDATE, OR COMMITTEE, make unlimited
expenditures [for the benefit] TO PROMOTE THE
SUCCESS OR DEFEAT of any candidate's campaign for
election, or nomination at a primary, to any
office or position, PROVIDED ANY INDIVIDUAL WHO
MAKES AN INDEPENDENT EXPENDITURE OR EXPENDITURES
IN EXCESS OF ONE THOUSAND DOLLARS TO PROMOTE THE
SUCCESS OR DEFEAT OF ANY CANDIDATE'S CAMPAIGN FOR
ELECTION, OR NOMINATION AT A PRIMARY, TO ANY SUCH
OFFICE OR POSITION SHALL FILE STATEMENTS ACCORDING
TO THE SAME SCHEDULE AND IN THE SAME MANNER AS IS
REQUIRED OF A CAMPAIGN TREASURER OF A CANDIDATE
COMMITTEE UNDER SECTION 9-333j, AS AMENDED BY THIS
ACT.
Sec. 13. Section 9-333m of the general
statutes is amended by adding subsection (f) as
follows:
(NEW) (f) No individual who is less than
sixteen years of age shall make a contribution or
contributions, in excess of thirty dollars to, for
the benefit of, or pursuant to the authorization
or request of: (1) A candidate or a committee
supporting or opposing any candidate's campaign
for nomination at a primary to any office; (2) a
candidate or a committee supporting or opposing
any candidate's campaign for election to any
office; (3) an exploratory committee; (4) any
other political committee in any calendar year; or
(5) a party committee in any calendar year.
Notwithstanding any provision of subdivision (2)
of section 9-7b, any individual who is less than
sixteen years of age who violates any provision of
this subsection shall not be subject to the
provisions of subdivision (2) of section 9-7b.
Sec. 14. Subsections (e) and (f) of section
9-333l of the general statutes are repealed and
the following is substituted in lieu thereof:
(e) For purposes of this subsection and
subsection (f) of this section, the exclusions to
the term "contribution" in subsection (b) of
section 9-333b, AS AMENDED BY THIS ACT, shall not
apply; THE TERM "STATE OFFICE" MEANS THE OFFICE OF
GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY GENERAL,
STATE COMPTROLLER, STATE TREASURER OR SECRETARY OF
THE STATE; AND THE TERM "STATE OFFICER" MEANS THE
GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY GENERAL,
STATE COMPTROLLER, STATE TREASURER OR SECRETARY OF
THE STATE. Notwithstanding any provision of this
chapter to the contrary, during any regular
session of the General Assembly, during any
special session of the General Assembly held
between the adjournment of the regular session in
an odd-numbered year and the convening of the
regular session in the following even-numbered
year or during any reconvened session of the
General Assembly held in an odd-numbered year to
reconsider vetoed bills, (1) no lobbyist or
political committee established by or on behalf of
a lobbyist shall make or offer to make a
contribution to or on behalf of, and no lobbyist
shall solicit a contribution on behalf of, (A) a
candidate or exploratory committee established by
a candidate for nomination or election to the
General Assembly OR A STATE OFFICE or (B) a
political committee (i) established for an
assembly or senatorial district, (ii) established
by a member of the General Assembly OR A STATE
OFFICER or [his] SUCH MEMBER OR OFFICER'S agent,
or in consultation with, or at the request or
suggestion of, any such member, OFFICER or agent,
or (iii) controlled by such member, OFFICER or
agent, to aid or promote the nomination or
election of any candidate or candidates to the
General Assembly OR A STATE OFFICE, and (2) no
such candidate or political committee shall accept
such a contribution. The provisions of this
subsection shall not apply to a candidate
committee established by a member of the General
Assembly or a candidate for nomination or election
to the General Assembly, at a special election for
the General Assembly, from the date on which the
candidate or the chairman of the committee files
the designation of a campaign treasurer and a
depository institution under section 9-333d with
the Secretary of the State, to the date on which
the special election is held, inclusive, or to an
exploratory committee established by a member of
the General Assembly to promote his candidacy for
an office other than the General Assembly.
(f) A political committee established by two
or more individuals under subparagraph (B) of
subsection (3) of section 9-333a, AS AMENDED BY
THIS ACT, other than a committee established
solely for the purpose of aiding or promoting any
candidate or candidates for municipal office or
the success or defeat of a referendum question,
shall be subject to the prohibition on acceptance
of lobbyist contributions under subsection (e) of
this section unless the campaign treasurer of the
committee has filed a certification that the
committee is not established for an assembly or
senatorial district, or by a member of the General
Assembly or [his] A STATE OFFICER, OR SUCH MEMBER
OR OFFICER'S agent, or in consultation with, or at
the request or suggestion of, any such member,
OFFICER or agent, or controlled by such member,
OFFICER or agent. The campaign treasurer of any
political committee established by or on behalf of
a lobbyist shall file a certification to that
effect. Such certifications shall be filed with
the office of the Secretary of the State, on forms
prescribed by the secretary, on or before November
15, 1994, for all such political committees in
existence on such date, or upon the registration
of the committee, and on or before November
fifteenth biennially thereafter. The secretary
shall provide to the State Elections Enforcement
Commission on or before December 1, 1994, and
biennially thereafter, a political committee
registration report. The report shall include a
certified copy of each certification filed
pursuant to this subsection prior to December
first of the reporting year and a certified copy
of a list stating the name of each political
committee registered pursuant to section 9-333g
prior to December first of the reporting year and
the name and address of the campaign treasurer of
each such committee. In the case of any political
committee which registers or files a certification
on or after December first of any even-numbered
year but prior to November first of the following
even-numbered year, the secretary shall provide
the commission with a copy of each such
registration or certification by the close of the
next business day following receipt. Such
registration information or certification shall
also be included in the biennial political
committee registration report of the secretary to
the commission. The commission shall prepare a
list of all such committees subject to the
prohibitions under subsection (e) of this section,
according to the certifications filed, which shall
be available prior to the opening of each regular
session of the General Assembly, and shall provide
a copy of the list to the president pro tempore of
the Senate, the speaker of the House of
Representatives, the minority leader of the
Senate, [and] the minority leader of the House of
Representatives AND EACH STATE OFFICER. During
each such regular session, the commission shall
prepare a supplemental list of committees which
register after November fifteenth and are subject
to such prohibitions, and the commission shall
provide the supplemental list to such legislative
leaders AND STATE OFFICERS. The filing of the
certification by the campaign treasurer of the
committee shall not impair the authority of the
commission to act under section 9-7b. Any lobbyist
or campaign treasurer who acts in reliance on such
lists in good faith shall have an absolute defense
in any action brought under subsection (e) and
this subsection, subsection (c) of section 9-333f,
AS AMENDED BY THIS ACT, and subsection (f) of
section 9-333j, AS AMENDED BY THIS ACT.
Sec. 15. Subsection (c) of section 9-333f of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) The chairman of a political committee
formed to support a single candidate for public
office shall, not later than seven days after
filing a statement of organization with the proper
authority under section 9-333e, send the candidate
a notice, by certified mail, of such filing. If a
candidate (1) does not, within fourteen days after
receiving such notice, disavow such committee, in
writing, to the proper authority under section
9-333e, or (2) disavows such committee within such
period, but, at any time before such disavowal,
accepts funds from the committee for his campaign,
such committee shall be deemed to have been
authorized by such candidate and shall constitute
a candidate committee for the purposes of this
chapter. No candidate shall establish, agree to or
assist in establishing, or give his consent or
authorization to establishing a committee other
than a single candidate committee to promote his
candidacy for any public office except that a
candidate may establish a single political
committee, for a single election or primary, for
the sole purpose of determining whether to seek
(A) nomination or election to the General
Assembly, [or] (B) A STATE OFFICE, AS DEFINED IN
SUBSECTION (e) OF SECTION 9-333l, AS AMENDED BY
THIS ACT, OR (C) nomination or election to any
OTHER public office. [other than the General
Assembly.] The candidate shall designate such
purpose on the statement of organization. Not
later than fifteen days after a public declaration
by the candidate of his intention to seek
nomination or election to the General Assembly, A
STATE OFFICE, AS SO DEFINED, or any other
particular public office, the candidate shall form
a single candidate committee.
Sec. 16. Subsection (f) of section 9-333j of
the general statutes is repealed and the following
is substituted in lieu thereof:
(f) If an exploratory committee has been
established by a candidate pursuant to subsection
(c) of section 9-333f, AS AMENDED BY THIS ACT, the
campaign treasurer of the committee shall file a
notice of intent to dissolve it with the
appropriate authority not later than fifteen days
after the candidate's declaration of intent to
seek nomination or election to a particular public
office. The campaign treasurer shall also file a
statement identifying all contributions received
or expenditures made by the exploratory committee
since the previous statement and the balance on
hand or deficit, as the case may be. In the event
of a surplus, the campaign treasurer shall, not
later than the filing of the statement, distribute
the surplus to the candidate committee established
pursuant to said section, except that in the case
of a surplus of an exploratory committee
established for nomination or election to an
office other than the General Assembly OR A STATE
OFFICE, AS DEFINED IN SUBSECTION (e) OF SECTION
9-333l, AS AMENDED BY THIS ACT, (1) the campaign
treasurer may only distribute to the candidate
committee for nomination or election to the
General Assembly OR STATE OFFICE, AS SO DEFINED,
of such candidate that portion of such surplus
which is in excess of the total contributions
which the exploratory committee received from
lobbyists or political committees established by
lobbyists, during any period in which the
prohibitions in SAID subsection (e) of section
9-333l apply and (2) any remaining amount shall be
returned to all such lobbyists and political
committees established by or on behalf of
lobbyists, on a prorated basis of contribution, or
distributed to any charitable organization which
is a tax-exempt organization under Section
501(c)(3) of the Internal Revenue Code of 1986, or
any subsequent corresponding internal revenue code
of the United States, as from time to time
amended. If the candidate decides not to seek
nomination or election to any office, the campaign
treasurer shall, within fifteen days after such
decision, comply with the provisions of this
subsection and distribute any surplus in the
manner provided by this section for political
committees other than those formed for ongoing
political activities. In the event of a deficit,
the campaign treasurer shall file a statement
thirty days after the decision or declaration with
the proper authority and, thereafter, on the
seventh day of each month following if on the last
day of the previous month there was an increase or
decrease in such deficit in excess of five hundred
dollars from that reported on the last statement
filed. The campaign treasurer shall file
supplemental statements until the deficit is
eliminated. If the exploratory committee does not
have a surplus or deficit, the statement filed
after the candidate's declaration or decision
shall be the last required statement.
Sec. 17. Subsection (e) of section 1-79 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(e) "Gift" means anything of value, which is
directly and personally received, unless
consideration of equal or greater value is given
in return. "Gift" shall not include:
(1) A political contribution otherwise
reported as required by law or a donation or
payment as described in subdivision (9) or [(11)]
(10) of subsection (b) of section 9-333b, AS
AMENDED BY THIS ACT;
(2) Services provided by persons volunteering
their time;
(3) A commercially reasonable loan made on
terms not more favorable than loans made in the
ordinary course of business;
(4) A gift received from (A) an individual's
spouse, fiance or fiancee, (B) the parent, brother
or sister of such spouse or such individual, or
(C) the child of such individual or the spouse of
such child;
(5) Goods or services which are provided to
the state and facilitate state action or
functions;
(6) A certificate, plaque or other ceremonial
award costing less than one hundred dollars;
(7) A rebate, discount or promotional item
available to the general public;
(8) Printed or recorded informational material
germane to state action or functions;
(9) Food or beverage or both, costing less
than one hundred fifty dollars in the aggregate
per recipient in a calendar year, and consumed on
an occasion or occasions at which the person
paying, directly or indirectly, for the food or
beverage, or his representative, is in attendance;
(10) Food or beverage or both, costing less
than fifty dollars per person and consumed at a
publicly noticed legislative reception to which
all members of the General Assembly are invited
and which is hosted not more than once in any
calendar year by a lobbyist or business
organization. For the purposes of such limit, (A)
a reception hosted by a lobbyist who is an
individual shall be deemed to have also been
hosted by the business organization which he owns
or is employed by and (B) a reception hosted by a
business organization shall be deemed to have also
been hosted by all owners and employees of the
business organization who are lobbyists. In making
the calculation for the purposes of such
fifty-dollar limit, the donor shall divide the
amount spent on food and beverage by the number of
persons whom the donor reasonably expects to
attend the reception;
(11) A gift, including but not limited to,
food or beverage or both, provided by an
individual for the celebration of a major life
event; or
(12) Gifts costing less than one hundred
dollars in the aggregate or food or beverage
provided at a hospitality suite at a meeting or
conference of an interstate legislative
association, by a person who is not a registrant
or is not doing business with the state of
Connecticut.
Sec. 18. Subsection (g) of section 1-91 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(g) "Gift" means anything of value, which is
directly and personally received, unless
consideration of equal or greater value is given
in return. "Gift" shall not include:
(1) A political contribution otherwise
reported as required by law or a donation or
payment described in subdivision (9) or [(11)]
(10) of subsection (b) of section 9-333b, AS
AMENDED BY THIS ACT;
(2) Services provided by persons volunteering
their time;
(3) A commercially reasonable loan made on
terms not more favorable than loans made in the
ordinary course of business;
(4) A gift received from (A) the individual's
spouse, fiance or fiancee, (B) the parent, brother
or sister of such spouse or such individual, or
(C) the child of such individual or the spouse of
such child;
(5) Goods or services which are provided to
the state and facilitate state action or
functions;
(6) A certificate, plaque or other ceremonial
award costing less than one hundred dollars;
(7) A rebate, discount or promotional item
available to the general public;
(8) Printed or recorded informational material
germane to state action or functions;
(9) Food or beverage or both, costing less
than one hundred fifty dollars in the aggregate
per recipient in a calendar year, and consumed on
an occasion or occasions at which the person
paying, directly or indirectly, for the food or
beverage, or his representative, is in attendance;
(10) Food or beverage or both, costing less
than fifty dollars per person and consumed at a
publicly noticed legislative reception to which
all members of the General Assembly are invited
and which is hosted not more than once in any
calendar year by a lobbyist or business
organization. For the purposes of such limit, (A)
a reception hosted by a lobbyist who is an
individual shall be deemed to have also been
hosted by the business organization which he owns
or is employed by and (B) a reception hosted by a
business organization shall be deemed to have also
been hosted by all owners and employees of the
business organization who are lobbyists. In making
the calculation for the purposes of such
fifty-dollar limit, the donor shall divide the
amount spent on food and beverage by the number of
persons whom the donor reasonably expects to
attend the reception;
(11) A gift, including but not limited to,
food or beverage or both, provided by an
individual for the celebration of a major life
event; or
(12) Gifts costing less than one hundred
dollars in the aggregate or food or beverage
provided at a hospitality suite at a meeting or
conference of an interstate legislative
association, by a person who is not a registrant
or is not doing business with the state of
Connecticut.
Sec. 19. This act shall take effect July 1,
1997, and sections 8 to 13, inclusive, 17 and 18
shall apply to elections and primaries held on or
after January 1, 1998.
Approved June 30, 1997