Substitute House Bill No. 7191 Substitute House Bill No. 7191 PUBLIC ACT NO. 93-251 AN ACT CONCERNING LOBBYIST CONTRIBUTIONS AND COMMITTEE CERTIFICATIONS. Section 1. Section 9-333l of the general statutes is repealed and the following is substituted in lieu thereof: (a) Any provision of this chapter to the contrary notwithstanding, a candidate committee may join with one or more candidate committees to establish a political committee for the purpose of sponsoring one or more fund-raising events for those candidates. Any individual, other than a candidate benefited, who is eligible and qualifies to serve in accordance with the provisions of subsection (d) of section 9-333h may serve as the campaign treasurer or deputy campaign treasurer of such a political committee. The statements required to be filed by a political committee under this chapter shall apply to any political committee established pursuant to this subsection. After all expenses of the political committee have been paid by its campaign treasurer for each event, he shall distribute all remaining funds from such event to the campaign treasurers of each of the candidate committees which established the political committee. The distribution to each candidate committee shall be made either in accordance with a prior agreement of the candidates or, if no prior agreement was made, in equal proportions to each candidate committee. Any contribution which is made to such political committee shall, for purposes of determining compliance with the limitations imposed by this chapter, be deemed to have been made in equal proportions to each candidate's campaign unless (1) a prior agreement was made by the candidates as to the disposition of remaining funds and (2) those who contributed to the political committee were notified of such disposition, in which case the contribution shall be deemed to have been made to each candidate's campaign in accordance with the agreement. (b) A candidate committee may pay its pro rata share of the expenses of operating a campaign headquarters and of preparing, printing and disseminating any political communication on behalf of that candidate and any other candidate or candidates. Notwithstanding the provisions of subdivision (1) of subsection (a) of section 9-333r, a candidate committee may reimburse a party committee for any expenditure such party committee has incurred for the benefit of such candidate committee. (c) A candidate may make any expenditure permitted by section 9-333i to aid or promote the success of his campaign for nomination or election from his personal funds, or the funds of his immediate family, which for the purposes of this chapter, shall consist of the candidate's spouse and issue. Any such expenditure shall not be deemed a contribution to any committee. (d) No incumbent holding office shall, during the three months preceding an election in which he is a candidate for reelection or election to another office, use public funds to mail or print flyers or other promotional materials intended to bring about his election or reelection. (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 SHALL NOT APPLY. 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 (B) a political committee (i) established for an assembly or senatorial district, (ii) established by a member of the general assembly or his agent, or in consultation with, or at the request or suggestion of, any such member or agent, or (iii) controlled by such member or agent, to aid or promote the nomination or election of any candidate or candidates to the general assembly, 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, 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 agent, or in consultation with, or at the request or suggestion of, any such member or agent, or controlled by such member 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 [December 1, 1990] NOVEMBER 15, 1994, for all such political committees in existence on such date, or upon the registration of the committee, and on or before [December first annually] 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 [state elections enforcement] 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. During each such regular session, the commission shall prepare a supplemental list of committees which register after [December first] NOVEMBER FIFTEENTH and are subject to such prohibitions, and the commission shall provide the supplemental list to such legislative leaders. 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 and subsection (f) of section 9-333j. (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, AS AMENDED BY SECTION 2 OF THIS ACT, ON THE SECOND THURSDAY IN JULY FOLLOWING THE END OF SUCH TWELVE-MONTH PERIOD. THE STATEMENT SHALL INCLUDE: (1) THE NAME AND ADDRESS OF EACH PERSON ON WHOSE BEHALF HE WAS A LOBBYIST DURING THE YEAR; (2) 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 (3) 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 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, AS AMENDED BY SECTION 2 OF THIS ACT, ON THE SECOND THURSDAY IN JULY, SO INDICATING. Sec. 2. Subsection (a) of section 9-333e of the general statutes is repealed and the following is substituted in lieu thereof: (a) Statements filed by party committees, political committees formed to aid or promote the success or defeat of a referendum question proposing a constitutional convention, constitutional amendment or revision of the constitution, INDIVIDUAL LOBBYISTS, and those political committees and candidate committees formed to aid or promote the success or defeat of any candidate for the office of governor, lieutenant governor, secretary of the state, treasurer, comptroller, attorney general, sheriff, judge of probate and members of the general assembly, shall be filed with the office of the secretary of the state. A copy of each statement filed by a town committee shall be filed at the same time with the town clerk of the municipality in which the committee is situated. A political committee formed for a slate of candidates in a primary for the position of convention delegate shall file statements with both the secretary of the state and the town clerk of the municipality in which the primary is to be held. Sec. 3. Subsection (d) of section 9-333j of the general statutes is repealed and the following is substituted in lieu thereof: (d) At the time of filing statements required under this section, the campaign treasurer of each candidate committee shall send to the candidate a duplicate statement and the campaign treasurer of each party committee and each political committee other than an exploratory committee shall send to the chairman of the committee a duplicate statement. Each statement required to be filed under this section AND SUBSECTION (g) OF SECTION 9-333l, AS AMENDED BY SECTION 1 OF THIS ACT, shall be deemed to be filed in a timely manner if it is delivered by hand to the office of the proper authority before four-thirty o'clock p.m. [,] or postmarked by the United States Postal Service before midnight [,] on the required filing day. If the day for any such filing falls on a Saturday, Sunday or legal holiday, the statement shall be filed on the next business day thereafter. Sec. 4. Section 9-333y of the general statutes is repealed and the following is substituted in lieu thereof: Any person who knowingly and wilfully violates any provision of this chapter shall be fined not more than five thousand dollars or imprisoned not more than five years or both. The secretary of the state or the town clerk shall notify the state elections enforcement commission, the chief state's attorney and the state's attorney for the judicial district wherein such person resides of any such violation of which said secretary or such town clerk may have knowledge, provided, if any campaign treasurer OR LOBBYIST fails to file the statements required by section 9-333j OR SUBSECTION (g) OF SECTION 9-333l, AS AMENDED BY SECTION 1 OF THIS ACT, AS THE CASE MAY BE, within the time required, he shall pay a late filing fee of fifty-five dollars. [and the] THE secretary of the state or town clerk shall forthwith notify [such campaign treasurer] THE PERSON REQUIRED TO FILE that, if such statement is not filed within seven days thereafter, the secretary of the state or town clerk shall notify the state elections enforcement commission, the chief state's attorney and the state's attorney for the judicial district in which the [campaign treasurer] PERSON REQUIRED TO FILE resides that the [campaign treasurer] PERSON is in violation of said section, the penalty for which shall be a fine of not more than one thousand dollars or imprisonment for not more than one year or both. Sec. 5. This act shall take effect July 1, 1993.