Bill Text: CT SB00339 | 2016 | General Assembly | Introduced

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Bill Title: An Act Concerning Conflicts Of Interest Due To An Employer Other Than The State Under The State Code Of Ethics.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2016-03-03 - Public Hearing 03/07 [SB00339 Detail]

Download: Connecticut-2016-SB00339-Introduced.html

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General Assembly		Raised Bill No. 339
February Session, 2016		LCO No. 2135
		*02135_______GAE*
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)

AN ACT CONCERNING CONFLICTS OF INTEREST DUE TO AN EMPLOYER OTHER THAN THE STATE UNDER THE STATE CODE OF ETHICS.

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

Section 1. Section 1-85 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) A public official, including an elected state official, or state employee has an interest which is in substantial conflict with the proper discharge of his or her duties or employment in the public interest and of his or her responsibilities as prescribed in the laws of this state, if [he] such official or employee has reason to believe or expect that [he, his] such official or employee, such official's or employee's spouse, [a] dependent child, employer other than the state or a business with which he or she is associated will derive a direct monetary gain or suffer a direct monetary loss, as the case may be, by reason of his or her official activity. A public official, including an elected state official, or state employee does not have an interest which is in substantial conflict with the proper discharge of his or her duties in the public interest and of his or her responsibilities as prescribed by the laws of this state, if any benefit or detriment accrues to [him, his] such official or employee or such official's or employee's spouse, [a] dependent child, employer other than the state or a business with which [he, his] such official or employee or such official's or employee's spouse or [such] dependent child is associated as a member of a profession, occupation or group to no greater extent than any other member of such profession, occupation or group. [A] Except as provided in subsection (b) of this section, a public official, including an elected state official or state employee who has a substantial conflict, may not take official action on the matter.

(b) If an elected state official has a substantial conflict regarding a matter that concerns a direct monetary gain or direct monetary loss for the other employer of such official, such official shall either excuse himself or herself from the matter or prepare a written statement signed under penalty of false statement describing the matter requiring action, the nature of the conflict and explaining why, despite the conflict, such official is able to vote and otherwise participate fairly, objectively and in the public interest in such matter. Such official shall submit a copy of such statement to the Office of State Ethics and enter a copy of the statement in the journal or minutes of such official's agency.

Sec. 2. Subsection (a) of section 1-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) Any public official or state employee, other than an elected state official, who, in the discharge of such official's or employee's official duties, would be required to take an action that would affect a financial interest of such official or employee, such official's or employee's spouse, parent, brother, sister, child, [or] the spouse of a child, employer other than the state or a business with which such official or employee is associated, other than an interest of a de minimis nature, an interest that is not distinct from that of a substantial segment of the general public or an interest in substantial conflict with the performance of official duties as defined in section 1-85 has a potential conflict of interest. Under such circumstances, such official or employee shall, if such official or employee is a member of a state regulatory agency, either excuse himself or herself from the matter or prepare a written statement signed under penalty of false statement describing the matter requiring action and the nature of the potential conflict and explaining why, despite the potential conflict, such official or employee is able to vote and otherwise participate fairly, objectively and in the public interest in such matter. Such public official or state employee shall [deliver] submit a copy of the statement to the Office of State Ethics and enter a copy of the statement in the journal or minutes of the agency. If such official or employee is not a member of a state regulatory agency, such official or employee shall, in the case of either a substantial or potential conflict, prepare a written statement signed under penalty of false statement describing the matter requiring action and the nature of the conflict and [deliver] submit a copy of the statement to such official's or employee's immediate superior, if any, who shall assign the matter to another employee, or if such official or employee has no immediate superior, such official or employee shall take such steps as the Office of State Ethics shall prescribe or advise.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2016	1-85
Sec. 2	October 1, 2016	1-86(a)

Statement of Purpose:

To apply substantial conflict of interest provisions in the state code of ethics for public officials and state employees to conflicts involving the public official's or state employee's nonstate employer.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]