Connecticut Seal

General Assembly

Amendment

 

January Session, 2017

LCO No. 8793

   
 

*HB0558908793SRO*

Offered by:

 

SEN. MCLACHLAN, 24th Dist.

 

To: Subst. House Bill No. 5589

File No. 806

Cal. No. 549

"AN ACT CONCERNING CAMPAIGN FINANCE REFORM. "

Strike lines 56 to 313, inclusive, in their entirety and substitute the following in lieu thereof:

"Sec. 4. Subsection (c) of section 9-608 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018, and applicable to primaries and elections held after said date):

(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) an itemized accounting of each expenditure, if any, including the full name and complete address of each payee, including secondary payees whenever the primary or principal payee is known to include charges which the primary payee has already paid or will pay directly to another person, vendor or entity, 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; (C) an itemized accounting of each expense incurred but not paid, provided if the expense is incurred by use of a credit card, the accounting shall include secondary payees, and the amount owed to each such payee; (D) 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 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; (E) for each business entity or person purchasing advertising space in a program for a fund-raising affair or on signs at a fund-raising affair, the name and address of the business entity or the name and address of the person, and the amount and aggregate amounts of such purchases; (F) 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; (G) for each individual who contributes in excess of one thousand dollars in the aggregate, the principal occupation of such individual and the name of the individual's employer, if any; (H) 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; and (I) for each individual who contributes in excess of four hundred dollars in the aggregate to or for the benefit of any candidate's campaign for nomination at a primary or election to the office of chief executive officer or a slate or town committee financing the nomination or election or a candidate for chief executive officer of a town, city or borough, a statement indicating whether the individual or a business with which he is associated has a contract with said municipality that is valued at more than five thousand dollars. Each treasurer shall include in such statement (i) an itemized accounting of the receipts and expenditures relative to any testimonial affair held under the provisions of section 9-609 or any other fund-raising affair [, which is] referred to in subsection (b) of section 9-601a, and (ii) the date, location and a description of the affair, except that a treasurer shall not be required to include the name of any individual who has purchased items at a fund-raising affair or food at a town fair, county fair or similar mass gathering [,] if the cumulative value of items purchased by such individual does not exceed one hundred dollars, or the name of any individual who has donated food or beverages for a meeting. A treasurer shall not be required to report or retain any receipts or expenditures related to any de minimis donations described in subdivision (17) of subsection (b) of section 9-601a.

(2) Each contributor described in subparagraph (F), (G), (H) or (I) of subdivision (1) of this subsection shall, at the time the contributor makes such a contribution, provide the information that the treasurer is required to include under said subparagraph in the statement filed under subsection (a), (e) or (f) of this section. Notwithstanding any provision of subdivision (2) of section 9-7b, neither any contributor described in subparagraph (F) of subdivision (1) of this subsection who does not provide such information at the time the contributor makes such a contribution [and] nor any treasurer shall [not] be subject to the provisions of subdivision (2) of section 9-7b. If a treasurer receives 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), or if a treasurer receives a contribution from an individual to or for the benefit of any candidate's campaign for nomination at a primary or election to the office of chief executive officer of a town, city or borough [,] which separately, or in the aggregate, is in excess of four hundred dollars and the contributor has not provided the information required by said subparagraph (I), the treasurer: (i) Not later than three business days after receiving the contribution, shall send a request for such information to the contributor by certified mail, return receipt requested; (ii) shall not deposit the contribution until the treasurer obtains such information from the contributor, notwithstanding the provisions of section 9-606; and (iii) shall return the contribution to the contributor if the contributor does not provide the required information [not later than] within fourteen days after the treasurer's written request or at 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] that the treasurer is required to include under said subparagraph (F) or (H) [, which] and that results in noncompliance by the treasurer with the provisions of said subparagraph (F) or (H), shall be a complete defense to any action against the treasurer for failure to disclose such information.

(3) In addition to the requirements of subdivision (2) of this subsection, each contributor who makes a contribution to a candidate or exploratory committee for Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State, State Treasurer, state senator or state representative, any political committee authorized to make contributions to such candidates or committees, and any party committee [that separately, or in the aggregate, exceeds fifty dollars] shall provide with the contribution: (A) The name of the contributor's employer, if any; (B) the contributor's status as a communicator lobbyist, as defined in section 1-91, a member of the immediate family of a communicator lobbyist, a state contractor, a prospective state contractor or a principal of a state contractor or prospective state contractor, as defined in section 9-612, as amended by this act; and (C) a certification that the contributor is not prohibited from making a contribution to such candidate or committee. The State Elections Enforcement Commission shall prepare a sample form for such certification by the contributor and shall make it available to treasurers and contributors. Such sample form shall include an explanation of the terms "communicator lobbyist", "principal of a state contractor or prospective state contractor", "immediate family", "state contractor" and "prospective state contractor". The information on such sample form shall be included in any written solicitation conducted by any such committee. If a treasurer receives such a contribution and the contributor has not provided such certification, the treasurer shall: (i) Not later than three business days after receiving the contribution, send a request for the certification to the contributor by certified mail, return receipt requested; (ii) not deposit the contribution until the treasurer obtains the certification from the contributor, notwithstanding the provisions of section 9-606; and (iii) return the contribution to the contributor if the contributor does not provide the certification [not later than] within fourteen days after the treasurer's written request or at the end of the reporting period in which the contribution was received, whichever is later. No treasurer shall be required to obtain and keep more than one certification from each contributor, unless information certified to by the contributor, other than the amount contributed, changes. If a treasurer deposits a contribution based on a certification that is later determined to be false, the treasurer shall have a complete defense to any action, including but not limited to, any complaint investigated by the State Elections Enforcement Commission or any other investigation initiated by [said] the commission, against such treasurer for the receipt of such contribution.

[(4) Contributions from a single individual to a treasurer in the aggregate totaling fifty 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) When an independent expenditure political committee discloses a contribution or contributions pursuant to subparagraph (A) of subdivision (1) of this subsection in excess of one thousand dollars, in the aggregate, and the contributor is also a recipient of a covered transfer, the independent expenditure political committee shall include for any covered transfer or transfers in excess of five thousand dollars, in the aggregate, the source and the amount of such covered transfer or transfers to such contributor during the twelve-month period immediately prior to the primary or election, as applicable.

(5) (A) If a person makes a contribution or contributions in excess of one thousand dollars, in the aggregate, to an independent expenditure political committee and such person derives all funds of such contribution or contributions from a dedicated independent expenditure account established by such person that is segregated from all other accounts controlled by such person, such person shall provide to the treasurer of such committee the source and the amount of each donation, transfer or payment that is in excess of five thousand dollars, in the aggregate, to such dedicated account. Such dedicated independent expenditure account may receive covered transfers directly from persons other than the person who established such dedicated account and shall not receive covered transfers from any other account controlled by the person who established such dedicated account, except as provided in subparagraph (B) of this subdivision. The treasurer of such independent expenditure political committee shall include the information so provided under this subdivision with the disclosure of such contribution or contributions.

(B) If a person who made a covered transfer to any other account controlled by the person who established a dedicated independent expenditure account requests that such covered transfer be used for the purpose of making an independent expenditure or expenditures from such dedicated account, the amount of such covered transfer may be transferred to such dedicated account and shall be treated as a covered transfer directly to such dedicated account.

(6) If a person makes a contribution or contributions in excess of one thousand dollars, in the aggregate, to an independent expenditure political committee and such person derives any funds of such contribution or contributions from any source other than a dedicated independent expenditure account established by such person that is segregated from all other accounts controlled by such person, such person shall provide to the treasurer of such committee the source and the amount of each donation, transfer or payment to such person that is in excess of five thousand dollars, in the aggregate, during the twelve-month period prior to the primary or election, as applicable, for which an independent expenditure is made. The treasurer of such independent expenditure political committee shall include the information so provided under this subdivision with the disclosure of such contribution or contributions.

(7) (A) The treasurer of an independent expenditure political committee shall not accept a contribution or contributions in excess of one thousand dollars, in the aggregate, unless the information required to be provided under subdivision (8) of this subsection is so provided.

(B) The recipient of a covered transfer or transfers in excess of five thousand dollars, in the aggregate, shall not knowingly make any contribution to an independent expenditure political committee unless the information required to be disclosed or provided, as applicable, under subdivision (4), (5) or (6) of this subsection is so disclosed or provided.

(8) In addition to the requirements of subdivision (2) of this subsection, each contributor who is the recipient of any covered transfer or transfers that, in the aggregate, exceed five thousand dollars and who makes a contribution to an independent expenditure political committee that separately, or in the aggregate, exceeds one thousand dollars per calendar year shall provide with the contribution a statement signed under penalty of false statement, which statement shall include: (A) If the contributor is a human being, the name of the contributor's employer or employers, if any; (B) the contributor's status as a client lobbyist or communicator lobbyist, as defined in section 1-91, or a member of the immediate family of a communicator lobbyist; (C) a certification that the contributor is not a state contractor, a principal of a state contractor, a foreign-influenced entity or otherwise prohibited from making such contribution; and (D) the name of any person required to be disclosed or provided, as applicable, under subdivision (4), (5) or (6) of this subsection and the amounts of the covered transfers of any such person. The State Elections Enforcement Commission shall prepare a form for such certification by the contributor and shall make it available to treasurers and contributors. Such form shall include an explanation of the terms "covered transfer" and "campaign-related disbursement", as they are defined in section 9-601, as amended by this act, as well as notice of the prior authorization requirements set forth in section 13 of this act. The information on such sample form shall be included in any written solicitation conducted by such independent expenditure political committee. If a treasurer receives a contribution and the contributor has not provided such certification, the treasurer shall: (i) Not later than three business days after receiving the contribution, send a request for the certification to the contributor by certified mail, return receipt requested; (ii) not deposit the contribution until the treasurer obtains the certification from the contributor, notwithstanding the provisions of section 9-606; and (iii) return the contribution to the contributor if the contributor does not provide the certification not later than fourteen days after the treasurer's written request or at the end of the reporting period in which the contribution was received, whichever is later. If a treasurer deposits a contribution based on a certification signed under penalty of false statement that is later determined to be false, the treasurer shall have a complete defense to any action, including, but not limited to, any complaint investigated by the State Elections Enforcement Commission or any other investigation initiated by the commission, against such treasurer for the receipt of such contribution.

[(5)] (9) Each statement filed by the treasurer of a party committee, a legislative caucus committee or a legislative leadership committee shall include an itemized accounting of each organization expenditure made by the committee. Concomitant with the filing of any such statement containing an accounting of an organization expenditure made by the committee for the benefit of any candidate for the office of [state senator, state representative,] Governor, Lieutenant Governor, Attorney General, [Secretary of the State,] State Comptroller, [or] Secretary of the State, State Treasurer, state senator or state representative, such treasurer shall provide notice of the organization expenditure to the candidate committee of such candidate.

[(6)] (10) The commission shall post a link on the home page of the commission's Internet web site to a listing of all organizational expenditures reported by a party, legislative leadership or caucus committee under subdivision [(5)] (9) of this subsection. Such information shall include reported information on the committee making the expenditure, the committee receiving the expenditure and the date and purpose for the expenditure.

[(7)] (11) Statements filed in accordance with this section shall remain public records of the state for five years from the date such statements are filed. "