AN ACT CONCERNING CERTAIN REVISIONS TO THE STATE CODES OF ETHICS.

This bill (1) increases, from $ 2,000 to $ 3,000 in a calendar year, the monetary threshold that triggers lobbyist registration with the Office of State Ethics (OSE) and (2) requires OSE to enforce the revolving door provisions applicable to former Gaming Policy Board members and former Public Utilities Control Authority commissioners.

The bill requires specific intent before a public official or state employee may be found in violation of the State Ethics Code for counseling, authorizing, or otherwise sanctioning actions that the code prohibits. It accomplishes this by specifying that a violation occurs only when these officials or employees act “knowingly. ” By law, people who intentionally violate the code are guilty of a class A misdemeanor for a first violation (or a class D felony if the violator derived a financial benefit of at least $ 1,000 from the violation) and a class D felony for two or more violations.

EFFECTIVE DATE: October 1, 2009, except the provisions raising the thresholds for lobbyist registration are effective January 1, 2010.

Under current law, a person must register with OSE if he or she (1) receives, spends, or agrees to receive or spend at least $ 2,000 in a calendar year and (2) seeks to influence legislative or administrative action by communicating with or soliciting others to communicate with a state legislative, executive, or quasi-public agency official or employee. The bill increases the income and expenditure thresholds from $ 2,000 to $ 3,000.

The bill requires the OSE to enforce the existing law's revolving door provisions applicable to former Gaming Policy Board members and former Public Utilities Control Authority commissioners. The office must handle complaints alleging revolving door violations in the same way it handles other complaints it receives. Any complaint or investigation of an alleged violation is confidential unless a judge trial referee makes a probable cause determination. In that case, the Citizen's Ethics Advisory Board must initiate a hearing to determine whether a violation has been committed. If it finds that one has, the board may order the violator to cease and desist the activity, pay a civil penalty of up to $ 10,000 for each violation, or both.

By law, Gaming Policy Board members cannot accept employment with a business that the Division of Special Revenue regulates for two years after leaving the board. Public Utilities Control Authority commissioners cannot accept employment for one year after leaving the authority with any (1) public service company, certified telecommunications provider, electric supplier or (2) person or business engaged in lobbying activities concerning government regulation of these entities.

Yea

Nay

(03/06/2009)