Advisory Opinion No. 1994-19
Reportability Of Gifts To The
State
Although the Code of Ethics for Lobbyists, Chapter 10, Part II, Connecticut General Statutes, contains certain limitations regarding gifts from registered lobbyists, it does not restrict gifts of goods and services to the state, to the legislature, or to executive agencies, which gifts facilitate the execution of state action or functions. Conn. Gen. Stat. §1-91(g)(5); Regulations of Conn. State Agencies, §1-92-51. It is clear that providing CHHC with the necessary staff and resources to assist in the fulfillment of the agency’s responsibilities is a valid gift to the state. Therefore, BCBS may participate in the study, regardless of the resultant cost.
Pursuant to Conn. Gen. Stat. §1-96, however, registered
lobbyists must file periodic financial reports disclosing amounts expended or
received both for “lobbying”, defined at Conn. Gen. Stat. §1-91(k), and for
activities “in furtherance of lobbying”, a term not defined in the Lobbyist
Code. See Conn. Gen. Stat. §1-96
and Regulations of Conn. State Agencies, §1-92-41, et seq. The Commission has broadly interpreted the
phrase “in furtherance of lobbying” to include “activities and expenditures
which foster good will between lobbyists and public officials . . . unless the
activity is clearly personal and unrelated to any lobbying purpose.” State Ethics Commission Advisory Opinion No. 93-14,
55
In this case, the work to be performed by BCBS is neither personal in nature nor does it have a distinct business purpose (e.g. seeking a state contract). Rather, it is being done strictly for the ultimate benefit of OHCA which will make recommendations to the General Assembly that may have a substantial effect on BCBS’s operations. By complying with the request of CHHC, BCBS is, unquestionably, fostering goodwill with officials both at CHHC and OHCA. Therefore, any costs associated with performing the study should be included in BCBS’s lobbyist financial reports as a lump sum in the “other expenses” section of the report. Since the expenditures do not also incidentally benefit a public official, a detailed itemization is not necessary. See Conn. Gen. Stat. §1-96(e).
By order of the Commission,
R.E. VanNorstrand
Chairperson