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
agencys 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
BCBSs 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 BCBSs
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