Connecticut 2017 Regular Session

Connecticut Senate Bill SB00818 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly Substitute Bill No. 818
2		-	January Session, 2017 _____SB00818CE____031717____
	1	+	General Assembly Raised Bill No. 818
	2	+	January Session, 2017 LCO No. 3816
	3	+	03816_______CE_
	4	+	Referred to Committee on COMMERCE
	5	+	Introduced by:
	6	+	(CE)
3	7
4	8		General Assembly
5	9
6		-	~~Substitute~~ Bill No. 818
	10	+	Raised Bill No. 818
7	11
8	12		January Session, 2017
9	13
10		-	~~_____SB00818CE____031717____~~
	14	+	LCO No. 3816
11	15
12		-	AN ACT CONCERNING THE SUSPENSION OF CIVIL PENALTIES IMPOSED BY THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION ON CERTAIN BUSINESS ENTITIES PURSUANT TO STATE REGULATIONS.
	16	+	03816_______CE_
	17	+
	18	+	Referred to Committee on COMMERCE
	19	+
	20	+	Introduced by:
	21	+
	22	+	(CE)
	23	+
	24	+	AN ACT AUTHORIZING THE SUSPENSION OF CIVIL PENALTIES IMPOSED ON CERTAIN BUSINESS ENTITIES PURSUANT TO STATE REGULATIONS.
13	25
14	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
15	27
16		-	Section 1. (NEW) (Effective October 1, 2017, and applicable to penalties imposed on and after said date) (a) For the purposes of this section, "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, 2017, 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.
17	29
18		-	(b~~) (1~~) Notwithstanding any provision of the general statutes, ~~the Commissioner of Energy and Environmental Protection~~ shall suspend any civil penalty assessed against any business entity for a first violation of any provision of the regulations ~~adopted by~~ the ~~commissioner~~ if, not later than thirty days after the assessment of such penalty~~, such business entity (A) takes measures that ensure a complete remedy of~~ the ~~condition that resulted in such violation within a reasonable period~~ of time, not to exceed six months after the assessment of such penalty, and (B) submits a written request to the commissioner describing such measures and requesting a suspension of such penalty. If such condition is not remedied within such six-month period, the commissioner shall assess the civil penalty that was suspended pursuant to this section.
	30	+	(b) Notwithstanding any provision of the general statutes, a state agency shall 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, or (3) any penalty required under any provision of federal law or regulation, including any penalty required as a condition for receiving federal funding.
19	31
20		-	(2) The provisions of this section shall not apply to (A) any wilful or grossly negligent violation, (B) any violation that results in harm to human health or the environment, or (C) any penalty required under any provision of federal law or regulation, including any penalty required as a condition for receiving federal funding.
21		-
22		-	(c) Any business entity aggrieved by the denial of the commissioner 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.
	32	+	(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.
23	33
24	34
25	35
26	36
27	37		This act shall take effect as follows and shall amend the following sections:
28	38		Section 1 October 1, 2017, and applicable to penalties imposed on and after said date New section
29	39
30	40		This act shall take effect as follows and shall amend the following sections:
31	41
32	42		Section 1
33	43
34	44		October 1, 2017, and applicable to penalties imposed on and after said date
35	45
36	46		New section
37	47
	48	+	Statement of Purpose:
38	49
	50	+	To permit businesses to remediate first-time regulatory violations without civil penalty if such remediation is done in a timely manner.
39	51
40		-	CE Joint Favorable Subst.
41		-
42		-	CE
43		-
44		-	Joint Favorable Subst.
	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.]