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Lobbyist, State
Contractor and Investment Services Firm Contribution Bans
Connecticut General Statutes §
9-704 (c) provides in part that contributions from 1) communicator lobbyist; 2)
members of the immediate family of a communicator lobbyist; or 3) principals of
a state contractors or prospective state contractors
shall
not be deemed to be qualifying contributions and shall be
returned by the campaign treasurer of the candidate committee to the contributor
or transmitted to the State Elections Enforcement Commission for deposit in the
Citizens' Election Fund.
Connecticut General Statutes § 9-612 (g) (2) (A)
provides in part that no
state contractor, prospective state contractor, principal of a state contractor
or principal of a prospective state contractor, with regard to a state
contract or a state contract solicitation with or from a state agency in the
executive
branch or a quasi-public agency or a holder, or principal of a holder of a valid
prequalification certificate, shall make a
contribution to an exploratory committee or candidate committee established by a
candidate for nomination or election to the office of
Governor, Lieutenant
Governor, Attorney
General, State Comptroller, Secretary of the State
or
State Treasurer.
General Statutes § 9-612
(g) (2) (B) provides in part that no
state contractor, prospective state contractor, principal of a state contractor
or principal of a prospective state contractor, with regard to a state
contract or a state contract solicitation with or from the General Assembly
shall make a contribution to an exploratory committee or candidate committee
established by a candidate for nomination or election to the office of
state
senator
or
state
representative.
General Statutes § 9-610
(g) provides in part that no
communicator lobbyist
or
member of the immediate family of a communicator lobbyist
shall make a contribution
or contributions to, or for the benefit of an exploratory committee or a
candidate committee established by a candidate for nomination or election to the
office of
Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of
the State, State Treasurer, state senator or state
representative.
Connecticut General
Statutes §§ 9-612 (f) (2) and (4) provide that no
principal of an investment services firm or member of the Investment Advisory
Council
shall make a contribution
to an exploratory committee or candidate committee established by a candidate
for nomination or election to the
office of
State Treasurer
during the term of office
of the State Treasurer who pays compensation, expenses or fees or issues a
contract to such
firm. General Statutes §
1-84 (n) (2) provides that the State Treasurer shall not pay any compensation,
expenses or fees or issue any contract to any
firm which provides
investment services when a principal of the investment services firm has made a
contribution to
any
exploratory committee
or
candidate committee
established by the
State
Treasurer
as a candidate for
nomination or election to the office of State Treasurer. The
State
Treasurer
shall not pay any
compensation, expenses or fees or issue any contract to such firms or principals
during the term of office as State
Treasurer, including, for
an incumbent State Treasurer seeking reelection, any remainder of the current
term of office.
Definition of Terms
“State contract”:
an agreement or contract
with the state or any state agency or any quasi-public agency, let through a
procurement process or otherwise, having a value of fifty thousand dollars or
more, or a combination or series of such agreements or contracts having a value
of one hundred thousand dollars or more in a calendar year, for (i) the
rendition of services, (ii) the furnishing of any goods, material, supplies,
equipment or any items of any kind, (iii) the construction, alteration or repair
of any public building or public work, (iv) the acquisition, sale or lease of
any land or building, (v) a licensing arrangement, or (vi) a grant, loan or loan
guarantee. “State contract” does not include any agreement or contract with the
state, any state agency or any quasi-public agency that is exclusively federally
funded, an education loan or a loan to an individual for other than commercial
purposes.
See
General Statutes § 9-612
(g) (1) (C).
“State contractor”:
a person, business entity
or nonprofit organization that enters into a state contract. Such person,
business entity or nonprofit organization shall be deemed to be a state
contractor until December thirty-first of the year in which such contract
terminates. “State contractor” does not include a municipality or any other
political subdivision of the state, including any entities or associations duly
created by the municipality or political subdivision exclusively amongst
themselves to further any purpose authorized by statute or charter, or an
employee in the executive or legislative branch of state government or a
quasi-public agency, whether in the classified or unclassified service and full
or part-time, and only in such person’s capacity as a state or quasi-public
agency employee.
See
General Statutes § 9-612
(g) (1) (D).
“Prospective state contractor”:
a person, business entity
or nonprofit organization that (i) submits a response to a state contract
solicitation by the state, a state agency or a quasi-public agency, or a
proposal in response to a request for proposals by the state, a state agency or
a quasi-public agency, until the contract has been entered into, or (ii) holds a
valid prequalification certificate issued by the Commissioner of Administrative
Services under section 4a-100. “Prospective state contractor” does not include a
municipality or any other political subdivision of the state, including any
entities or associations duly created by the municipality or political
subdivision exclusively amongst themselves to further any purpose authorized by
statute or charter, or an employee in the executive or legislative branch of
state government or a quasi-public agency, whether in the classified or
unclassified service and full or part-time, and only in such person’s capacity
as a state or quasi-public agency employee.
See
General Statutes § 9-612
(g) (1) (E).
“Principal of a
state contractor or prospective state contractor”:
(i) an individual
who is a member of the board of directors of, or has an ownership interest of
five per cent or more in a state contractor or prospective state contractor,
which is a business entity, except for an individual who is a member of the
board of directors of a nonprofit organization,
(ii) an individual who is
employed by a state contractor or prospective state contractor, which is a
business entity, as president, treasurer or executive vice president, (iii) an
individual who is the chief executive officer of a state contractor or
prospective state contractor, which is not a business entity, or if a state
contractor or prospective state contractor has no such officer, then the officer
who duly possesses comparable powers and duties, (iv) an officer or an employee
of any state contractor or prospective state contractor who has managerial or
discretionary responsibilities with respect to a state contract, or (v) the
spouse or a dependent child who is eighteen years of age or older of an
individual described in (i), (ii), (iii), or (iv).
See
General Statutes § 9-612
(g) (1) (F), as amended by P.A. 07-01.
“Communicator Lobbyist”:
an individual or entity
that is registered with the Office of State Ethics and the term “communicator
lobbyist” is defined by Section 1-91 of the Code of Ethics for Lobbyists. A
“communicator lobbyist’ receives or agrees to receive two thousand dollars or
more in a calendar year for lobbying.
See
General Statutes § 1-91
(l) & (v).
“Immediate family”:
The spouse or a dependent
child of an individual.
See
General Statutes § 9-601
(24). Please note, “spouse” as used above includes partners to a civil union
pursuant to General Statutes § 46b-38aa,
et al.
“Dependent Child”:
a child residing in an
individual’s household who may legally be claimed as a dependent on the federal
income tax return of such individual.
See
General Statutes § 9-612
(g) (1) (G).
“Investment
services”:
investment legal
services, investment banking services, investment advisory services,
underwriting services, financial advisory services or brokerage firm services.
See
General Statutes § 9-612
(f) (1).
“Principal of an
investment services firm”:
(i) an individual
who is a director of or has an ownership interest in an investment services
firm, except for an individual who owns less than five per cent of the shares of
an investment services firm which is a publicly traded corporation; (ii) an
individual who is employed by an investment services firm as president,
treasurer, or executive or senior vice president; (iii) an employee of such an
investment services firm who has managerial or discretionary responsibilities
with respect to any investment services; or (iv) the spouse or dependent child
of an individual described in (i), (ii), or (iii).
See
General Statutes § 9-612
(f) (1).