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Substitute House Bill No. 5392

Public Act No. 04-178

AN ACT CONCERNING ENFORCEMENT OF THE PERSONNEL FILES ACT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2004) In connection with any investigation by the Labor Department regarding any provision of chapter 563a of the general statutes, the Labor Commissioner or the Labor Commissioner's duly authorized agent may summon by subpoena an employer against whom a complaint under chapter 563a of the general statutes has been filed, an employee who has filed a complaint that is the subject of such investigation, any other person having custody or control of such employee's medical records or personnel file or any person whose testimony may be pertinent to the matter under investigation, together with any records or other documents of the complaining employee relevant to such investigation. Any such records or documents obtained by the Labor Department pursuant to such subpoena shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200 of the general statutes. In case of contumacy or refusal to obey a subpoena issued pursuant to this section, the Superior Court, upon application of the Labor Commissioner, shall have jurisdiction to make such order as may be appropriate to aid in the enforcement of this section.

Approved June 1, 2004