Connecticut 2016 Regular Session

Connecticut House Bill HB05500 Compare Versions

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1-General Assembly Substitute Bill No. 5500
2-February Session, 2016 *_____HB05500GAE___032116____*
1+General Assembly Raised Bill No. 5500
2+February Session, 2016 LCO No. 1499
3+ *01499_______GAE*
4+Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
5+Introduced by:
6+(GAE)
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48 General Assembly
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6-Substitute Bill No. 5500
10+Raised Bill No. 5500
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812 February Session, 2016
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10-*_____HB05500GAE___032116____*
14+LCO No. 1499
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12-AN ACT AUTHORIZING THE SUSPENSION OF CIVIL PENALTIES IMPOSED ON CERTAIN BUSINESS ENTITIES PURSUANT TO REGULATIONS.
16+*01499_______GAE*
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18+Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
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20+Introduced by:
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22+(GAE)
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24+AN ACT REQUIRING THE SUSPENSION OF ADMINISTRATIVE PENALTIES IMPOSED ON CERTAIN BUSINESS ENTITIES.
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1426 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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16-Section 1. (NEW) (Effective October 1, 2016, and applicable to penalties imposed 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.
28+Section 1. (NEW) (Effective October 1, 2016, and applicable to penalties imposed on and after said date) (a) For 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.
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18-(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 a regulation of such state agency, upon the request of such business entity, if the business entity takes remedial measures which completely correct the 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) a violation that results in the bodily injury of any person, or (3) any penalty required under any provision of federal law or regulation, including any penalty required as a condition for receiving federal funding.
30+(b) Notwithstanding any provision of the general statutes, a state agency may suspend any civil penalty assessed against any business entity for a first-time violation of any provision of a regulation of such state agency, upon the request of such business entity, if the business entity takes remedial measures which completely correct the 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) a violation that results in the bodily injury of any person, or (3) any penalty required under any provision of federal law or regulation, including any penalty required as a condition for receiving federal funding.
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2032 (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 in accordance with the provisions of section 4-183 of the general statutes.
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2537 This act shall take effect as follows and shall amend the following sections:
2638 Section 1 October 1, 2016, and applicable to penalties imposed on and after said date New section
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2840 This act shall take effect as follows and shall amend the following sections:
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3042 Section 1
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3244 October 1, 2016, and applicable to penalties imposed on and after said date
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3446 New section
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36-Statement of Legislative Commissioners:
48+Statement of Purpose:
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38-The title was changed and in Subsec. (b), "first-time violation" was changed to "first violation" for consistency with the general statutes.
50+To permit businesses to remediate first-time regulatory violations without civil penalty if such remediation is done in a timely manner.
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42-GAE Joint Favorable Subst. -LCO
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44-GAE
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46-Joint Favorable Subst. -LCO
52+[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.]