Connecticut Seal

General Assembly

 

Raised Bill No. 5266

February Session, 2018

 

LCO No. 1431

 

*01431_______GAE*

Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS

 

Introduced by:

 

(GAE)

 

AN ACT PERMITTING THE SUSPENSION OF ADMINISTRATIVE PENALTIES IMPOSED ON CERTAIN BUSINESS ENTITIES PURSUANT TO STATE AGENCY REGULATIONS.

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

Section 1. (NEW) (Effective October 1, 2018, and applicable to penalties assessed on and after said date) (a) For the purposes of this section, "state agency" means any department, board, council, commission, institution or other executive branch agency of state government, and "business entity" means a corporation, association, partnership, limited liability company or any other similar form of business organization.

(b) Notwithstanding any provision of the general statutes, a state agency may suspend any civil penalty assessed against any business entity for a first violation of any provision of the regulations of Connecticut state agencies, upon the written request of such business entity, if such business entity takes measures that remedy the condition that resulted in such violation not later than thirty days after the assessment of such penalty. The provisions of this section shall not apply to (1) any wilful or grossly negligent violation, (2) any violation that results in the bodily injury of any person, (3) any violation that poses a significant environmental or human health threat, or (4) any penalty required under any provision of federal law or regulation, including any penalty required as a condition for receiving federal funding.

(c) Any business entity aggrieved by the denial of a state agency to suspend a civil penalty pursuant to this section may appeal such denial to the Superior Court in accordance with the provisions of section 4-183 of the general statutes.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2018, and applicable to penalties assessed on and after said date

New section

Statement of Purpose:

To permit businesses to remediate first-time regulatory violations without civil penalty if such remediation is done in a timely manner.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]