Connecticut 2019 Regular Session

Connecticut House Bill HB07220 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07220-R01-
4		-	HB.docx
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	3	+	LCO No. 4672 1 of 2
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7		-	General Assembly ~~Substitute~~ Bill No. 7220
	5	+	General Assembly Raised Bill No. 7220
8	6		January Session, 2019
	7	+	LCO No. 4672
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	9	+
	10	+	Referred to Committee on JUDICIARY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(JUD)
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12	19		AN ACT ESTABLISHING A RIGHT TO APPEAL THE DECISION OF A
13	20		MUNICIPAL ETHICS BOA RD TO THE SUPERIOR COURT UNDER THE
14	21		UNIFORM ADMINISTRATI VE PROCEDURES ACT.
15	22		Be it enacted by the Senate and House of Representatives in General
16	23		Assembly convened:
17	24
18	25		Section 1. Subsection (a) of section 4-183 of the general statutes is 1
19	26		repealed and the following is substituted in lieu thereof (Effective 2
20	27		October 1, 2019): 3
21	28		(a) A person who has exhausted all administrative remedies 4
22	29		available within the agency and who is aggrieved by a final decision 5
23	30		may appeal to the Superior Court as provided in this section. The filing 6
24	31		of a petition for reconsideration is not a prerequisite to the filing of 7
25		-	such an appeal. As used in this section, "agency" also includes a 8
26		-	municipal board, commission, council, committee or other agency, that 9
27		-	is established under section 7-148h, as amended by this act, to 10
28		-	investigate allegations of unethical conduct, corrupting influence or 11
29		-	illegal activities levied against any official, officer or employee of the 12
30		-	municipality. 13
	32	+	such an appeal. As used in this section, "agency" has the same meaning 8
	33	+	as provided in section 4-166 and includes a municipal board, 9
	34	+	commission, council, committee or other agency, that is established 10
	35	+	under section 7-148h, as amended by this act, to investigate allegations 11
	36	+	of unethical conduct, corrupting influence or illegal activities levied 12
	37	+	against any official, officer or employee of the municipality. 13 Raised Bill No. 7220
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	41	+	LCO No. 4672 2 of 2
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31	43		Sec. 2. Subsection (a) of section 7-148h of the general statutes is 14
32	44		repealed and the following is substituted in lieu thereof (Effective 15
33	45		October 1, 2019): 16
34	46		(a) Any town, city, district, as defined in section 7-324, or borough 17
35		-	may, by charter provision or ordinance, establish a board, commission, 18 Substitute Bill No. 7220
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38		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07220-
39		-	R01-HB.docx }
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	47	+	may, by charter provision or ordinance, establish a board, commission, 18
42	48		council, committee or other agency to investigate allegations of 19
43	49		unethical conduct, corrupting influence or illegal activities levied 20
44	50		against any official, officer or employee of such town, city, district or 21
45	51		borough. The provisions of subsections (a) to (e), inclusive, of section 22
46	52		1-82a shall apply to allegations before any such agency of such 23
47	53		conduct, influence or activities, to an investigation of such allegations 24
48	54		conducted prior to a probable cause finding, and to a finding of 25
49	55		probable cause or no probable cause. Any board, commission, council, 26
50	56		committee or other agency established pursuant to this section may 27
51	57		issue subpoenas or subpoenas duces tecum, enforceable upon 28
52	58		application to the Superior Court, to compel the attendance of persons 29
53	59		at hearings and the production of books, documents, records and 30
54	60		papers. Any person aggrieved by a decision of a board, commission, 31
55	61		council, committee or other agency established pursuant to this section 32
56	62		shall have a right of appeal pursuant to section 4-183, as amended by 33
57	63		this act. 34
58	64		This act shall take effect as follows and shall amend the following
59	65		sections:
60	66
61	67		Section 1 October 1, 2019 4-183(a)
62	68		Sec. 2 October 1, 2019 7-148h(a)
63	69
64		-	Statement of Legislative Commissioners:
65		-	In Section 1(a), "'agency' has the same meaning as provided in section
66		-	4-166 and" was changed to "'agency' also" for accuracy and clarity.
67		-
68		-	JUD Joint Favorable Subst. -LCO
69		-
	70	+	Statement of Purpose:
	71	+	To provide a right to appeal the decision of a municipal ethics board to
	72	+	the Superior Court in accordance with the provisions of the Uniform
	73	+	Administrative Procedures Act.
	74	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	75	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	76	+	not underlined.]