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