Sec. 1-91. Definitions.
Sec. 1-91. Definitions. When used in this part, unless the context otherwise requires:
(a) "Administrative action" means any action or nonaction of any executive agency
of the state with respect to the proposal, drafting, development, consideration, amendment, adoption or repeal of any rule, regulation or utility rate, and any action or nonaction
of any executive agency or quasi-public agency, as defined in section 1-79, regarding
a contract, grant, award, purchasing agreement, loan, bond, certificate, license, permit
or any other matter which is within the official jurisdiction or cognizance of such an
agency.
(b) "Candidate for public office" means any person who has filed a declaration of
candidacy or a petition to appear on the ballot for election as a public official, or who
has raised or expended money in furtherance of such candidacy, or who has been nominated for appointment to serve as a public official; but shall not include a candidate for
the office of senator or representative in Congress.
(c) "Board" means the Citizen's Ethics Advisory Board established under section
1-80.
(d) "Compensation" means any value received or to be received by a person acting
as a lobbyist, whether in the form of a fee, salary or forbearance.
(e) "Executive agency" means a commission, board, agency, or other body or official in the executive branch of the state government and any independent body of the
state government that is not a part of the legislative or judicial branch.
(f) "Expenditure" means any advance, conveyance, deposit, distribution, transfer of
funds, loan, payment, unless expressly excluded; any payments for telephone, mailing,
postage, printing and other clerical or office services and materials; any paid communications, costing fifty dollars or more in any calendar year, disseminated by means of
any printing, broadcasting or other medium, provided such communications refer to
pending administrative or legislative action; any contract, agreement, promise or other
obligation; any solicitation or solicitations, costing fifty dollars or more in the aggregate
for any calendar year, of other persons to communicate with a public official or state
employee for the purpose of influencing any legislative or administrative act and any
pledge, subscription of money or anything of value. "Expenditure" shall not include the
payment of a registrant's fee pursuant to section 1-95, any expenditure made by any
club, committee, partnership, organization, business, union, association or corporation
for the purpose of publishing a newsletter or other release to its members, shareholders
or employees, or contributions, membership dues or other fees paid to associations,
nonstock corporations or tax-exempt organizations under Section 501(c) of the Internal
Revenue Code of 1986, or any subsequent corresponding internal revenue code of the
United States, as from time to time amended.
(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 (10) of subsection (b) of section 9-601a;
(2) Services provided by persons volunteering their time, if provided to aid or promote the success or defeat of any political party, any candidate or candidates for public
office or the position of convention delegate or town committee member or any referendum question;
(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 (A) which are provided to a state agency or quasi-public
agency (i) for use on state or quasi-public agency property, or (ii) that support an event,
and (B) which facilitate state or quasi-public agency action or functions. As used in this
subdivision, "state property" means (i) property owned by the state or a quasi-public
agency, or (ii) property leased to a state or quasi-public agency;
(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 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) Food or beverage or both, costing less than fifty dollars per person and consumed at a publicly noticed reception to which all members of the General Assembly
from a region of the state 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. As used in this subdivision, "region of the state" means the established geographic service area of the organization hosting the reception;
(12) A gift, including, but not limited to, food or beverage or both, provided by an
individual for the celebration of a major life event, provided any such gift provided by
an individual who is not a member of the family of the recipient shall not exceed one
thousand dollars in value;
(13) 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;
(14) Admission to a charitable or civic event, including food and beverage provided
at such event, but excluding lodging or travel expenses, at which a public official or
state employee participates in his official capacity, provided such admission is provided
by the primary sponsoring entity;
(15) Anything of value provided by an employer of (A) a public official, (B) a
state employee, or (C) a spouse of a public official or state employee, to such official,
employee or spouse, provided such benefits are customarily and ordinarily provided to
others in similar circumstances;
(16) Anything having a value of not more than ten dollars, provided the aggregate
value of all things provided by a donor to a recipient under this subdivision in any
calendar year shall not exceed fifty dollars; or
(17) Training that is provided by a vendor for a product purchased by a state or
quasi-public agency which is offered to all customers of such vendor.
(h) "Immediate family" means any spouse, dependent children or dependent relatives who reside in the individual's household.
(i) "Individual" means a natural person.
(j) "Legislative action" means introduction, sponsorship, consideration, debate,
amendment, passage, defeat, approval, veto, overriding of a veto or any other official
action or nonaction with regard to any bill, resolution, amendment, nomination, appointment, report, or any other matter pending or proposed in a committee or in either house
of the legislature, or any matter which is within the official jurisdiction or cognizance
of the legislature.
(k) "Lobbying" means communicating directly or soliciting others to communicate
with any official or his staff in the legislative or executive branch of government or in
a quasi-public agency, for the purpose of influencing any legislative or administrative
action except that the term "lobbying" does not include (1) communications by or on
behalf of a party to, or an intervenor in, a contested case, as described in regulations
adopted by the commission in accordance with the provisions of chapter 54, before an
executive agency or a quasi-public agency, as defined in section 1-79, (2) communications by a representative of a vendor or by an employee of the registered client lobbyist
which representative or employee acts as a salesperson and does not otherwise engage
in lobbying regarding any administrative action, (3) communications by an attorney
made while engaging in the practice of law and regarding any matter other than legislative action as defined in subsection (j) of this section or the proposal, drafting, development, consideration, amendment, adoption or repeal of any rule or regulation, or (4)
other communications exempted by regulations adopted by the commission in accordance with the provisions of chapter 54.
(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 two
thousand dollars or more in any calendar year or the combined amount thereof is 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 two thousand dollars or more in any calendar year for lobbying or the combined
amount thereof is 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 two thousand dollars
from each client in any calendar year.
(m) "Member of an advisory board" means any person appointed by a public official
as an advisor or consultant or member of a committee, commission or council established
to advise, recommend or consult with a public official or branch of government or
committee thereof and who receives no public funds other than per diem payments or
reimbursement for his actual and necessary expenses incurred in the performance of his
official duties and who has no authority to expend any public funds or to exercise the
power of the state.
(n) "Person" means an individual, a business, corporation, limited liability company, union, association, firm, partnership, committee, club or other organization or
group of persons.
(o) "Political contribution" has the same meaning as in section 9-601a except that
for purposes of this part, the provisions of subsection (b) of that section shall not apply.
(p) "Public official" means any state-wide elected state officer, any member or
member-elect of the General Assembly, any person appointed to any office of the legislative, judicial or executive branch of state government by the Governor, with or without
the advice and consent of the General Assembly, the spouse of the Governor and any
person appointed or elected by the General Assembly or any member of either house
thereof; but shall not include a member of an advisory board or a senator or representative
in Congress.
(q) "Registrant" means a person who is required to register pursuant to section 1-94.
(r) "Reimbursement" means any money or thing of value received or to be received
in the form of payment for expenses as a lobbyist, not including compensation.
(s) "State employee" means any employee in the executive, judicial or legislative
branch of state government, whether in the classified or unclassified service and whether
full or part-time.
(t) "Business organization" means a sole proprietorship, corporation, limited liability company, association, firm or partnership, other than a client lobbyist, which is
owned by, or employs one or more individual lobbyists.
(u) "Client lobbyist" means a lobbyist on behalf of whom lobbying takes place and
who makes expenditures for lobbying and in furtherance of lobbying.
(v) "Communicator lobbyist" means a lobbyist who communicates directly or solicits others to communicate with an official or his staff in the legislative or executive
branch of government or in a quasi-public agency for the purpose of influencing legislative or administrative action.
(w) "State agency" means any office, department, board, council, commission, institution, constituent unit of the state system of higher education, vocational-technical
school or other agency in the executive, legislative or judicial branch of state government.
(x) "Quasi-public agency" means quasi-public agency, as defined in section 1-79.
(P.A. 77-605, S. 1, 21; P.A. 79-615, S. 1, 10; P.A. 81-339, S. 1, 7; 81-395, S. 7, 9; P.A. 82-120, S. 1, 2; 82-423, S. 2,
8; P.A. 83-249, S. 10-12, 14; P.A. 84-546, S. 144, 173; P.A. 85-290, S. 3, 4; P.A. 86-99, S. 30, 34; P.A. 89-211, S. 1; 89-369, S. 4; June 12 Sp. Sess. P.A. 91-1, S. 3, 22; P.A. 92-149, S. 8, 12; P.A. 94-69, S. 1, 3; P.A. 95-79, S. 5, 6, 189; 95-144,
S. 2, 11; P.A. 96-11, S. 2, 5; June 18 Sp. Sess. P.A. 97-5, S. 18, 19; June 18 Sp. Sess. P.A. 97-6, S. 6, 14; P.A. 05-183, S.
15; 05-287, S. 44; P.A. 07-1, S. 8; June 11 Sp. Sess. P.A. 08-3, S. 10, 14.)
History: P.A. 79-615 redefined "administrative action", "candidate for public office", "expenditure", "gift", "immediate
family", "legislative action", "lobbying", "lobbyist", "member of an advisory board" and "public official"; P.A. 81-339
increased amounts requiring reporting and threshold expenditure and compensation levels from the previous levels of "in
excess of" $25 and $300 to $35 or more and $500; P.A. 81-395 substituted reference to Sec. 9-335(18) for reference to
Sec. 9-348q(a) in Subdiv. (o); P.A. 82-120 amended Subdiv. (k) to except communications by or on behalf of public service
companies in connection with rate cases; P.A. 82-423 amended Subdivs. (f) and (g) to increase amounts from $35 to $50;
P.A. 83-249 amended Subdiv. (j) to refer to "cognizance" of legislature, included an independent contractor employed by
a municipality within the definition of lobbyist in Subdiv. (l) and amended Subdiv. (o) to expand definition of "political
contribution"; P.A. 84-546 made technical change in Subdiv. (f); P.A. 85-290 redefined "gift" to include "anything of
value" and amended definition of "member of an advisory board" to refer to "per diem payments" rather than to "a flat
per diem rate"; P.A. 86-99 amended definition of "political contribution" to reflect technical changes made in chapter 150;
P.A. 89-211 clarified reference to the Internal Revenue Code of 1986; P.A. 89-369 limited exception from definition of
"gift" in Subdiv. (g) for food or beverage costing less than $50 per person and consumed on a single occasion to an occasion
"at which the person paying, directly or indirectly, for the food or beverage, or his representative, is in attendance"; June
12 Sp. Sess. P.A. 91-1 substantially amended definition of "gift" and exceptions to "gift" in Subdiv. (g), substituted "one
thousand" for "five hundred" in definition of "lobbyist" in Subdiv. (l), and added Subdivs. (t) and (u), defining "business
organization" and "client lobbyist"; P.A. 92-149 redefined "client lobbyist"; P.A. 94-69 expanded definition of "administrative action" in Subdiv. (a) by adding provision re contract, grant, award, purchasing agreement, loan, bond certificate,
license, permit or any other matter within the official jurisdiction or cognizance of the agency, and amended definition of
"lobbying" in Subdiv. (k) by adding "or in a quasi-public agency", deleting provision re public service companies, adding
provision re contested cases and adding provision re representatives of a manufacturer or employees of the registered client
lobbyist, effective January 1, 1995; P.A. 95-79 redefined "person" and "business organization" to include a limited liability
company, effective May 31, 1995; P.A. 95-144 amended Subdiv. (k), defining "lobbying", by numbering Subparas.,
inserting "or an intervenor in" and changing source of definition of "contested case" in Subpara. (1), changing "manufacturer" to "vendor" and inserting "representative" in Subpara. (2) and adding Subpara. (3) re communications by attorneys
and Subpara. (4) re communications exempted by regulations, amended Subdiv. (l), defining "lobbyist", by adding Subpara.
(8) re communicator lobbyists, amended Subdiv. (u), defining "client lobbyist", by changing "person" to "lobbyist" and
added Subdiv. (v) defining "communicator lobbyist", effective June 28, 1995; P.A. 96-11 amended Subdiv. (l) to change
the threshold for meeting the definition of "lobbyist" for purposes of part II of chapter 10 from $1,000 to $2,000, effective
January 1, 1997; June 18 Sp. Sess. P.A. 97-5 amended Subdiv. (g)(1) by changing Sec. 9-333b(b) Subdiv. reference from
(11) to (10), effective July 1, 1997, and applicable to elections and primaries held on or after January 1, 1998; June 18 Sp.
Sess. P.A. 97-6 amended Subdiv. (g) by expanding Subpara. (5), by changing limit to $50 in Subpara. (9), inserting new
Subpara. (11) re food or beverage consumed at a publicly noticed reception, adding new Subpara. (14) re admission to
charitable or civic event, adding new Subpara. (15) re anything of value provided by employer and adding new Subpara.
(16) re anything of value of not more than $10, effective January 1, 1998; P.A. 05-183 amended Subdiv. (c) to replace
definition of "commission" with definition of "board", effective July 1, 2005; P.A. 05-287 amended Subdiv. (g)(2) to
provide that services must be provided to aid or promote the success or defeat of any political party, any candidate or
candidates for public office or the position of convention delegate or town committee member or any referendum question
and made a technical change in Subdiv. (g)(10), effective July 1, 2005; P.A. 07-1 amended Subdiv. (g)(5) to include
references to a state or quasi-public agency, added Subdiv. (g)(17) re training provided by a vendor and added Subdivs.
(w) and (x) defining "state agency" and "quasi-public agency", effective February 8, 2007; June 11 Sp. Sess. P.A. 08-3
amended Subsec. (g)(12) to add requirement that gift provided by an individual who is not a family member of recipient
shall not exceed $1,000 in value and amended Subsec. (p) to include spouse of the Governor.
See Sec. 1-79a re calculation of dollar limit on gifts.
See Sec. 1-101aa re provider participation in informal committees, task forces and work groups of certain state agencies
not deemed to be lobbying.