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Substitute House Bill No. 5373

PUBLIC ACT NO. 96-11

AN ACT PROHIBITING AN AGENCY HEAD FROM CONTRACTING WITH THAT AGENCY AND CONCERNING LOBBYIST REGISTRATION.

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

Section 1. Subsection (i) of section 1-84 of the general statutes, as amended by section 39 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(i) No public official or state employee or member of his immediate family or a business with which he is associated shall enter into any contract with the state, valued at one hundred dollars or more, other than a contract of employment as a state employee or pursuant to a court appointment, unless the contract has been awarded through an open and public process, including prior public offer and subsequent public disclosure of all proposals considered and the contract awarded. IN NO EVENT SHALL AN EXECUTIVE HEAD OF AN AGENCY, AS DEFINED IN SECTION 4-166, AS AMENDED, INCLUDING A COMMISSIONER OF A DEPARTMENT, OR AN EXECUTIVE HEAD OF A QUASI-PUBLIC AGENCY, AS DEFINED IN SECTION 1-79, AS AMENDED, OR HIS IMMEDIATE FAMILY OR A BUSINESS WITH WHICH HE IS ASSOCIATED ENTER INTO ANY CONTRACT WITH THAT AGENCY OR QUASI-PUBLIC AGENCY. Nothing in this subsection shall be construed as applying to any public official who is appointed as a member of the executive branch or as a member or director of a quasi-public agency and who receives no compensation other than per diem payments or reimbursement for actual or necessary expenses, or both, incurred in the performance of his duties unless such public official has authority or control over the subject matter of the contract. Any contract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced within ninety days of the making of the contract.

Sec. 2. Subsection (l) of section 1-91 of the general statutes, as amended by section 2 of public act 95-144, is repealed and the following is substituted in lieu thereof:

(l) "Lobbyist" means a person who in lobbying and in furtherance of lobbying makes or agrees to make expenditures, or receives or agrees to receive compensation, reimbursement, or both, and such compensation, reimbursement or expenditures are [one] TWO thousand dollars or more in any calendar year or the combined amount thereof is [one] TWO thousand dollars or more in any such calendar year. Lobbyist shall not include: (1) A public official, employee of a branch of state government or a subdivision thereof, or elected or appointed official of a municipality or his designee other than an independent contractor, who is acting within the scope of his authority or employment; (2) A publisher, owner or an employee of the press, radio, or television while disseminating news or editorial comment to the general public in the ordinary course of business; (3) An individual representing himself or another person before the legislature or a state agency other than for the purpose of influencing legislative or administrative action; (4) Any individual or employee who receives no compensation or reimbursement specifically for lobbying and who limits his activities solely to formal appearances to give testimony before public sessions of committees of the General Assembly or public hearings of state agencies and who, if he testifies, registers his appearance in the records of such committees or agencies; (5) A member of an advisory board acting within the scope of his appointment; (6) A senator or representative in Congress acting within the scope of his office; (7) Any person who receives no compensation or reimbursement specifically for lobbying and who spends no more than five hours in furtherance of lobbying unless such person (A) exclusive of salary, receives compensation or makes expenditures, or both, of [one] TWO thousand dollars or more in any calendar year for lobbying or the combined amount thereof is [one] TWO thousand dollars or more in any such calendar year or (B) expends fifty dollars or more for the benefit of a public official in the legislative or executive branch, a member of his staff or immediate family; (8) A communicator lobbyist who receives or agrees to receive compensation, reimbursement, or both, the aggregate amount of which is less than [one] TWO thousand dollars from each client in any calendar year.

Sec. 3. Section 1-94 of the general statutes is repealed and the following is substituted in lieu thereof:

A lobbyist shall register with the commission pursuant to this part if it or he: (1) Receives or agrees to receive compensation or reimbursement for actual expenses, or both, in a combined amount of [one] TWO thousand dollars or more in a calendar year for lobbying, whether that receipt of compensation or reimbursement or agreement to receive such compensation or reimbursement is solely for lobbying or the lobbying is incidental to that person's regular employment; or (2) Makes or incurs an obligation to make expenditures of [one] TWO thousand dollars or more in a calendar year for lobbying.

Sec. 4. Section 1-95 of the general statutes, as amended by section 9 of public act 95-144, is repealed and the following is substituted in lieu thereof:

(a) Each registrant shall file [annually] EVERY TWO YEARS with the commission on a registration form signed under penalty of false statement on or before January fifteenth OF ODD NUMBERED YEARS or prior to the commencement of lobbying whichever is later. If the registrant is not an individual, an authorized officer or agent of the registrant shall sign the form. Such registration shall be on a form prescribed by the commission and shall include: (1) If the registrant is an individual, the registrant's name, permanent address and temporary address while lobbying and the name, address and nature of business of any person who compensates or reimburses, or agrees to compensate or reimburse the registrant and the terms of the compensation, reimbursement or agreement, but shall not include the compensation paid to an employee for his involvement in activities other than lobbying; (2) If the registrant is a corporation, the name, address, place of incorporation and the principal place of business of the corporation; (3) If the registrant is an association, group of persons or an organization, the name and address of the principal officers and directors of such association, group of persons or organization. If the registrant is formed primarily for the purpose of lobbying, it shall disclose the name and address of any person contributing [one] TWO thousand dollars or more to the registrant's lobbying activities in any calendar year; (4) If the registrant is not an individual, the name and address of each individual who will lobby on the registrant's behalf; and (5) The identification, with reasonable particularity, of areas of legislative or administrative action on which the registrant expects to lobby.

(b) Each registrant shall pay a reasonable fee not in excess of the cost of administering the registration form provided for in subsection (a) of this section plus the cost of collecting, filing, copying and distributing the information filed by registrants under section 1-96, but not less than twenty-five dollars. A REGISTRANT WHO COMMENCES LOBBYING IN AN EVEN-NUMBERED YEAR SHALL FILE WITH THE COMMISSION, ON OR BEFORE JANUARY FIFTEENTH OF SUCH EVEN-NUMBERED YEAR OR PRIOR TO THE COMMENCEMENT OF LOBBYING, WHICHEVER IS LATER, A REGISTRATION FORM SIGNED UNDER PENALTY OF FALSE STATEMENT AND SHALL PAY ONE-HALF OF THE BIENNIAL REGISTRATION FEE ESTABLISHED BY THE COMMISSION.

(c) Each registrant shall file a notice of termination within thirty days after he ceases the activity that required his registration, provided the registrant does not intend to resume the activity during the [calendar year] BIENNIAL PERIOD FOR WHICH HE IS REGISTERED; but termination shall not relieve him of the reporting requirements of section 1-96 for the period preceding the date his notice of termination is received by the commission or for the period commencing on such date and ending on December thirty-first of the year in which termination occurs.

Sec. 5. This act shall take effect January 1, 1997.

Approved April 29, 1996. Effective January 1, 1997.

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