OFFICE OF FISCAL ANALYSIS

Legislative Office Building, Room 5200

Hartford, CT 06106 ¯ (860) 240-0200

http: //www. cga. ct. gov/ofa

HB-5597

AN ACT CONCERNING DISCRIMINATION.

OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 07 $

FY 08 $

Judicial Dept. ; Human Rights & Opportunities, Com.

GF - Cost

Potential Minimal

Potential Minimal

Judicial Dept. (Probation); Correction, Dept.

GF - Cost

Potential

Potential

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill prohibits discrimination on the basis of gender identity or expression in laws which the Commission on Human Rights and Opportunities (CHRO) has jurisdiction over. In November of 2000, CHRO issued a declaratory ruling which held that discrimination on the basis of gender identity or expression would violate the state's ban on sex discrimination. Therefore, as a substantive matter, the bill would not expand the protected class according to the laws of CHRO. However, to the extent that the bill increases the awareness of the right of transgendered persons to file such complaints with CHRO, this could result in a minimal cost to the state.

The bill expands and increases criminal penalties for certain acts based on someone's gender identity or expression. To the extent that these changes increase the likelihood that offenders would be prosecuted or receive harsher penalties, a potential revenue gain from criminal fines and potential cost for incarceration and/or probation supervision in the community exist. It is anticipated that relatively few fines would be imposed on an annual basis, and, consequently, any revenue gain under the bill is expected to be minimal. On average, it costs the state $2,150 to supervise an offender on probation in the community as compared to $35,040 to incarcerate the offender (note that both figures include fringe benefits).

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.