General Assembly Substitute Bill No. 5500
February Session, 2016 *_____HB05500GAE___032116____*
General Assembly
Substitute Bill No. 5500
February Session, 2016
*_____HB05500GAE___032116____*
AN ACT AUTHORIZING THE SUSPENSION OF CIVIL PENALTIES IMPOSED ON CERTAIN BUSINESS ENTITIES PURSUANT TO REGULATIONS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
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.
(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.
(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.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2016, and applicable to penalties imposed on and after said date New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2016, and applicable to penalties imposed on and after said date
New section
Statement of Legislative Commissioners:
The title was changed and in Subsec. (b), "first-time violation" was changed to "first violation" for consistency with the general statutes.
GAE Joint Favorable Subst. -LCO
GAE
Joint Favorable Subst. -LCO