Table of Contents Sec. 42-125a. State policy re discriminatory boycotts. It is the policy of the state
of Connecticut to oppose restraints of trade and unfair trade practices in the form of
discriminatory boycotts which are not specifically authorized by the law of the United
States and which are fostered or imposed by foreign persons, foreign governments or
international organizations against any domestic individual on the basis of race, color,
creed, religion, sex, nationality or national origin. It is also the policy of the state to
oppose any actions, including the formation or continuance of agreements, understandings or contractual arrangements, expressed or implied, which have the effect of furthering such discriminatory boycotts, in order that the peace, health, safety, prosperity and
general welfare of all the inhabitants of the state may be protected and ensured. This
chapter shall be deemed an exercise of the police power of the state for the protection
of the people of this state and shall be administered and principally enforced by the
Attorney General. The provisions of this chapter shall be construed liberally so as to
effectuate this declaration of policy and the laws and Constitution of the United States,
but nothing in this chapter shall be construed to infringe upon the right of the United
States government to regulate interstate and foreign commerce. Sec. 42-125b. Definitions. For the purpose of this chapter, unless the context otherwise requires: Sec. 42-125c. Knowing participation in discriminatory boycott prohibited. No
person shall knowingly participate in a discriminatory boycott. Sec. 42-125d. Reports re violations. If any violation of this chapter comes to the
attention of any official of any agency of the state, the chief administrative officer of
the agency shall immediately submit a written report of such alleged violation to the
Attorney General. The report shall contain a full statement of the facts and circumstances
regarding the alleged violation including the names and addresses of all persons who
have or may have knowledge or information with respect to it, and shall be accompanied
by copies of any documents pertinent to the alleged violation that are in the possession
or control of such official making the report. Sec. 42-125e. Attorney General's demand for material relevant to subject
matter of investigation. (a) If the Attorney General believes that a person may be
in possession, custody or control of any original or copy of any book, record, report,
memorandum, paper, communication, tabulation, map, chart, photograph, mechanical
transcription, or other tangible document or recording, which he believes is relevant to
the subject matter of an investigation of an alleged violation, he may serve on the person,
before institution of a civil proceeding for the alleged violation, a demand in writing
which requires such person to produce the documentary material and permit inspection
and copying thereof. Sec. 42-125f. Assurance of discontinuance. In enforcing this chapter, the Attorney General may accept an assurance of discontinuance of an act or practice considered
in violation of this chapter from any person engaged in the act or practice. The assurance
of discontinuance shall be in writing and filed with and subject to the approval of the
court for the judicial district where the alleged violator resides or has his principal place
of business. The assurance of discontinuance shall not be considered for any purpose
as an admission of the alleged violation, but proof of failure to comply with the assurance
of discontinuance shall be prima facie evidence of a violation of this chapter. Sec. 42-125g. Violations referred to state's attorney. The Attorney General shall
refer to the appropriate state's attorney alleged criminal violations of this chapter for
investigation and prosecution. No prosecution for any offense in violation of this chapter
shall be commenced but within four years after such offense is committed. Sec. 42-125h. Attorney General to cooperate with federal government and
other states. The Attorney General shall cooperate with the federal government and
other states in enforcement of this chapter. Sec. 42-125i. Actions to enjoin violations; recover damages. Standing to bring
an action. Limitation of action. (a) The Attorney General shall institute proceedings
to prevent or restrain violations of section 42-125c in the Superior Court. In a proceeding
under this section, the Superior Court shall determine whether a violation has been
committed and enter any judgment or decree to enjoin continuation or renewal of the
violation in the future. Sec. 42-125j. Penalties. Any person who knowingly violates any of the provisions
of section 42-125c shall be fined not more than fifty thousand dollars or imprisoned not
more than six months or both. Sec. 42-125k. Contract provisions void as against public policy. When. Any
provision of any contract, document or other agreement which violates, or which, if
performed by the person intended to be bound by such provision, would cause a violation
of section 42-125c, shall be void as against the public policy of the state of Connecticut. Sec. 42-125l. Regulations. The Commissioner of Economic and Community Development may adopt regulations for the purpose of implementing and enforcing the
provisions of this chapter. Sec. 42-125m. Application of this chapter. The provisions of this chapter shall
apply only to agreements, understandings or contractual arrangements entered into on
or after July 1, 1978 and any such agreement, understanding or contractual arrangement
in violation of this chapter entered into prior to said date shall be deemed not to be
against the public policy of this state. Sec. 42-125n. Antitrust laws not limited. Nothing contained in this chapter shall
be deemed to supersede, restrict or otherwise limit the continuing applicability of the
antitrust laws of the state of Connecticut.
Sec. 42-125a. State policy re discriminatory boycotts.
Sec. 42-125b. Definitions.
Sec. 42-125c. Knowing participation in discriminatory boycott prohibited.
Sec. 42-125d. Reports re violations.
Sec. 42-125e. Attorney General's demand for material relevant to subject matter of investigation.
Sec. 42-125f. Assurance of discontinuance.
Sec. 42-125g. Violations referred to state's attorney.
Sec. 42-125h. Attorney General to cooperate with federal government and other states.
Sec. 42-125i. Actions to enjoin violations; recover damages. Standing to bring an action.
Limitation of action.
Sec. 42-125j. Penalties.
Sec. 42-125k. Contract provisions void as against public policy. When.
Sec. 42-125l. Regulations.
Sec. 42-125m. Application of this chapter.
Sec. 42-125n. Antitrust laws not limited.
Sec. 42-125o to 42-125z.
(P.A. 77-596, S. 1, 15.)
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(a) "Business relationship" means any aspect of business (1) dealing with the sale,
purchase, licensing or provision of goods, services or information; or (2) affecting the
ownership, management, employees, hiring practices, customers, clients, supplies, contractors, subcontractors or other business associates of any person engaged in commerce;
(b) "Control" means the power to influence the management or policies of a person
or to play a significant role in the implementation thereof;
(c) "Participating in a discriminatory boycott" means the entering into or performing of any agreement, understanding or contractual arrangement for economic benefit by any person with any foreign government, foreign person or international organization, which is not specifically authorized by the laws of the United States and which is
required or imposed, either directly or indirectly, overtly or covertly, by the foreign
government, foreign person or international organization in order to restrict, condition,
prohibit or interfere with any business relationship in this state on the basis of a domestic
individual's race, color, creed, religion, sex, nationality or national origin; provided,
handling, altering or shipping goods or complying with the commercial laws of a foreign
country, unless such laws require discrimination against a domestic individual on the
basis of race, color, creed, religion, sex, nationality or national origin, shall not constitute
a discriminatory boycott;
(d) "Domestic individual" means any person as defined in subdivision (h) of this
section, whose residence, domicile or principal place of business is in the state of Connecticut or who does business in the state of Connecticut;
(e) "Foreign government" includes all governments and political subdivisions and
the instrumentalities thereof, excepting the governments, political subdivisions, and
instrumentalities of the United States and the states, commonwealths, territories, and
possessions of the United States, and the District of Columbia;
(f) "Foreign person" means any person whose principal place of residence, business
or domicile is outside the United States, or any person controlled directly or indirectly
by any other person whose principal place of residence, business or domicile is outside
the United States;
(g) "International organization" means any association or organization, of which a
substantial portion of the membership includes foreign persons or foreign governments;
(h) "Person" means any individual, partnership, corporation, limited liability company, association, trust or any other legal or commercial entity, including their officers,
agents, employees and servants or any other person acting in a representative capacity;
(i) "State of Connecticut" means the state and any political subdivisions thereof.
(P.A. 77-596, S. 2, 15; P.A. 95-79, S. 159, 189.)
History: P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995.
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(P.A. 77-596, S. 3, 15.)
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(P.A. 77-596, S. 4, 15.)
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(b) The demand of the Attorney General shall: (1) State the statute allegedly violated
and the general subject matter of the investigation; (2) describe the nature of documentary material to be produced under the demand with reasonable certainty; (3) prescribe
a date for compliance which shall be not less than three days from the date the demand
is served; and (4) identify the member of the office of the attorney general to whom the
documentary material is to be made available for inspection and copying.
(c) The demand of the Attorney General shall be relevant to the scope of the alleged
violation.
(d) Service of the demand of the Attorney General shall be made by (1) delivering
an executed copy of the demand to the person to be served; (2) delivering an executed
copy of the demand to the duly authorized officer, agent, or employee of the person at
its principal place of business, if he is not a natural person or is not available; or (3)
mailing by registered or certified mail an executed copy of the demand addressed to the
person to be served at his principal place of business in the state or, if he has no place
of business in the state, at his principal place of business out of state.
(e) The documentary material demanded under this section shall be produced for
inspection and copying during normal business hours at the principal office or place of
business of the person served, or at any other time or place mutually agreed to by the
person and the Attorney General.
(f) Unless otherwise ordered by the Superior Court for good cause shown, the documentary material or a copy produced pursuant to the demand shall not be presented
for inspection or copying by, or its content disclosed to, any individual other than an
authorized official of the office of the Attorney General without the consent of the person
who produced the material. Copies of the documentary material shall be available for
inspection and copying by the person who produced the material or his authorized representative under any reasonable terms and conditions prescribed by the Attorney General.
The Attorney General may use the documentary material in the enforcement of this
chapter, including presentation before any court. Material which contains trade secrets
shall not be presented except with the approval of the superior court in which the action
is pending and after adequate notice is given to the person furnishing the material.
(g) A petition to extend the date for compliance or to modify or set aside a demand
issued under subsection (a) of this section may be filed at any time before the date for
compliance specified in the demand or within twenty days after the demand is served,
whichever period is shorter. A petition to require the Attorney General or any other
person to perform a duty imposed by this chapter and any other petition in connection
with the demand may be filed by the person on whom the demand is served. A petition
filed under this subsection shall show good cause and be filed in the superior court for
the judicial district where the petitioner resides or has his principal place of business.
(h) If a person fails to comply with a demand for documentary material served on
him under this section or if satisfactory copying or reproduction of the material cannot
be done and the person refuses to surrender such material, the Attorney General may
petition the superior court for the judicial district where the person resides, transacts
business, or where the alleged violation occurs, for an order of compliance and may
serve such order of the court on the person. If the person transacts business in more than
one judicial district the petition shall be filed in the judicial district wherein the person
maintains his principal place of business, or in any other judicial district agreed to by
the parties to the petition.
(P.A. 77-596, S. 5, 15; P.A. 82-472, S. 123, 183.)
History: P.A. 82-472 amended Subsecs. (g) and (h) by deleting obsolete references to counties.
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(P.A. 77-596, S. 6, 15; P.A. 82-472, S. 124, 183.)
History: P.A. 82-472 deleted obsolete reference to the court for the "county".
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(P.A. 77-596, S. 7, 15.)
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(P.A. 77-596, S. 8, 15.)
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(b) The Attorney General may bring an action on behalf of the state or any of its
political subdivisions to recover the damages provided for by this chapter.
(c) The state of Connecticut or its political subdivisions have standing to bring an
action under this chapter.
(d) Persons injured or threatened with injury by a violation of section 42-125c may
bring an action in the Superior Court for damages and injunctive relief against any person
who has committed the violation. If an injunction is issued, the complainant may be
awarded costs and reasonable attorney's fees.
(e) No action brought to enforce the provisions of this chapter shall be brought but
within four years from the date the cause of action accrues. For the purposes of this
subsection, a cause of action for a continuing violation accrues at the time of the latest
violation.
(f) An action brought by the Attorney General shall not preclude the bringing of an
action by persons injured or threatened with injury, as provided in subsection (d) of this
section.
(P.A. 77-596, S. 9, 15.)
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(P.A. 77-596, S. 10, 15.)
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(P.A. 77-596, S. 11, 15.)
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(P.A. 77-596, S. 12, 15; 77-614, S. 284, 587, 610; P.A. 78-303, S. 85, 136; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 77-614 and 78-303 replaced commissioner of commerce with commissioner of economic development,
effective January 1, 1979; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic Development
with Commissioner and Department of Economic and Community Development.
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(P.A. 77-596, S. 13, 15.)
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(P.A. 77-596, S. 14, 15.)
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