Connecticut 2019 Regular Session

Connecticut Senate Bill SB00359 Compare Versions

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Version 2 (New)

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	3	+	LCO 6180 \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00359-R03-
	4	+	SB.docx
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	6	+
	7	+	General Assembly Committee Bill No. 359
	8	+	January Session, 2019
	9	+	LCO No. 6180
	10	+
	11	+
	12	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
	13	+
	14	+
	15	+	Introduced by:
	16	+	(LAB)
1	17
2	18
3	19
4		-	Senate Bill No. 359
5		-
6		-	Public Act No. 19-69
7		-
8		-
9	20		AN ACT EXTENDING WHI STLEBLOWER PROTECTIO NS TO
10		-	EMPLOYEES OF BUSINES SES RECEIVING ~~FINANC IAL~~
11		-	~~ASSISTANCE~~ FROM THE STATE.
	21	+	EMPLOYEES OF BUSINES SES RECEIVING FINANCIAL ASSISTANCE
	22	+	FROM THE STATE.
12	23		Be it enacted by the Senate and House of Representatives in General
13	24		Assembly convened:
14	25
15		-	Section 1. Section 4-61dd of the general statutes is repealed and the
16		-	following is substituted in lieu thereof (Effective October 1, 2019):
17		-	(a) Any person having knowledge of any matter involving (1)
18		-	corruption, unethical practices, violation of state laws or regulations,
19		-	mismanagement, gross waste of funds, abuse of authority or danger to
20		-	the public safety occurring in any state department or agency, any
21		-	quasi-public agency, as defined in section 1-120, or any Probate Court,
22		-	[or any person having knowledge of any matter involving] (2)
23		-	corruption, violation of state or federal laws or regulations, gross
24		-	waste of funds, abuse of authority or danger to the public safety
25		-	occurring in any large state contract, or (3) corruption by an entity
26		-	receiving financial assistance pursuant to title 32 that has failed to meet
27		-	its contractual obligations or has failed to satisfy any condition
28		-	regarding such financial assistance, may transmit all facts and
29		-	information in such person's possession concerning such matter to the
30		-	Auditors of Public Accounts. The Auditors of Public Accounts shall
31		-	review such matter and report their findings and any Senate Bill No. 359
	26	+	Section 1. Section 4-61dd of the general statutes is repealed and the 1
	27	+	following is substituted in lieu thereof (Effective October 1, 2019): 2
	28	+	(a) Any person having knowledge of any matter involving (1) 3
	29	+	corruption, unethical practices, violation of state laws or regulations, 4
	30	+	mismanagement, gross waste of funds, abuse of authority or danger to 5
	31	+	the public safety occurring in any state department or agency, any 6
	32	+	quasi-public agency, as defined in section 1-120, or any Probate Court, 7
	33	+	[or any person having knowledge of any matter involving] (2) 8
	34	+	corruption, violation of state or federal laws or regulations, gross 9
	35	+	waste of funds, abuse of authority or danger to the public safety 10
	36	+	occurring in any large state contract, or (3) corruption by an entity 11
	37	+	receiving financial assistance pursuant to title 32 that has failed to meet 12
	38	+	its contractual obligations or has failed to satisfy any condition 13
	39	+	regarding such financial assistance, may transmit all facts and 14
	40	+	information in such person's possession concerning such matter to the 15 Committee Bill No. 359
32	41
33		-	Public Act No. 19-69 2 of 11
34	42
35		-	recommendations to the Attorney General. Upon receiving such a
36		-	report, the Attorney General shall make such investigation as the
37		-	Attorney General deems proper regarding such report and any other
38		-	information that may be reasonably derived from such report. Prior to
39		-	conducting an investigation of any information that may be reasonably
40		-	derived from such report, the Attorney General shall consult with the
41		-	Auditors of Public Accounts concerning the relationship of such
42		-	additional information to the report that has been issued pursuant to
43		-	this subsection. Any such subsequent inves tigation deemed
44		-	appropriate by the Attorney General shall only be conducted with the
45		-	concurrence and assistance of the Auditors of Public Accounts. At the
46		-	request of the Attorney General or on their own initiative, the auditors
47		-	shall assist in the investigation.
48		-	(b) (1) The Auditors of Public Accounts may reject any complaint
49		-	received pursuant to subsection (a) of this section if the Auditors of
50		-	Public Accounts determine one or more of the following:
51		-	(A) There are other available remedies that the complainant can
52		-	reasonably be expected to pursue;
53		-	(B) The complaint is better suited for investigation or enforcement
54		-	by another state agency;
55		-	(C) The complaint is trivial, frivolous, vexatious or not made in
56		-	good faith;
57		-	(D) Other complaints have greater priority in terms of serving the
58		-	public good;
59		-	(E) The complaint is not timely or is too long delayed to justify
60		-	further investigation; or
61		-	(F) The complaint could be handled more appropriately as part of
62		-	an ongoing or scheduled regular audit. Senate Bill No. 359
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63	46
64		-	Public Act No. 19-69 3 of 11
	47	+	Auditors of Public Accounts. The Auditors of Public Accounts shall 16
	48	+	review such matter and report their findings and any 17
	49	+	recommendations to the Attorney General. Upon receiving such a 18
	50	+	report, the Attorney General shall make such investigation as the 19
	51	+	Attorney General deems proper regarding such report and any other 20
	52	+	information that may be reasonably derived from such report. Prior to 21
	53	+	conducting an investigation of any information that may be reasonably 22
	54	+	derived from such report, the Attorney General shall consult with the 23
	55	+	Auditors of Public Accounts concerning the relationship of such 24
	56	+	additional information to the report that has been issued pursuant to 25
	57	+	this subsection. Any such subsequent investigation deemed 26
	58	+	appropriate by the Attorney General shall only be conducted with the 27
	59	+	concurrence and assistance of the Auditors of Public Accounts. At the 28
	60	+	request of the Attorney General or on their own initiative, the auditors 29
	61	+	shall assist in the investigation. 30
	62	+	(b) (1) The Auditors of Public Accounts may reject any complaint 31
	63	+	received pursuant to subsection (a) of this section if the Auditors of 32
	64	+	Public Accounts determine one or more of the following: 33
	65	+	(A) There are other available remedies that the complainant can 34
	66	+	reasonably be expected to pursue; 35
	67	+	(B) The complaint is better suited for investigation or enforcement 36
	68	+	by another state agency; 37
	69	+	(C) The complaint is trivial, frivolous, vexatious or not made in 38
	70	+	good faith; 39
	71	+	(D) Other complaints have greater priority in terms of serving the 40
	72	+	public good; 41
	73	+	(E) The complaint is not timely or is too long delayed to justify 42
	74	+	further investigation; or 43
	75	+	(F) The complaint could be handled more appropriately as part of 44
	76	+	an ongoing or scheduled regular audit. 45 Committee Bill No. 359
65	77
66		-	(2) If the Auditors of Public Accounts reject a complaint pursuant to
67		-	subdivision (1) of this subsection, the Auditors of Public Accounts
68		-	shall provide a report to the Attorney General setting out the basis for
69		-	the rejection.
70		-	(3) If at any time the Auditors of Public Accounts determine that a
71		-	complaint is more appropriately investigated by another state agency,
72		-	the Auditors of Public Accounts shall refer the complaint to such
73		-	agency. The investigating agency shall provide a status report
74		-	regarding the referred complaint to the Auditors of Public Accounts
75		-	upon request.
76		-	(c) Notwithstanding the provisions of section 12 -15, the
77		-	Commissioner of Revenue Services may, upon written request by the
78		-	Auditors of Public Accounts, disclose return or return information, as
79		-	defined in section 12-15, to the Auditors of Public Accounts for
80		-	purposes of preparing a report under subsection (a) or (b) of this
81		-	section. Such return or return information shall not be published in
82		-	any report prepared in accordance with subsection (a) or (b) of this
83		-	section, and shall not otherwise be redisclosed, except that such
84		-	information may be redisclosed to the Attorney General for purposes
85		-	of an investigation authorized by subsection (a) of this section. Any
86		-	person who violates the provisions of this subsection shall be subject to
87		-	the provisions of subsection (g) of section 12-15.
88		-	(d) The Attorney General may summon witnesses, require the
89		-	production of any necessary books, papers or other documents and
90		-	administer oaths to witnesses, where necessary, for the purpose of an
91		-	investigation pursuant to this section or for the purpose of
92		-	investigating a suspected violation of subsection (a) of section 4-275
93		-	until such time as the Attorney General files a civil action pursuant to
94		-	section 4-276. Service of a subpoena ad testificandum, subpoena duces
95		-	tecum and a notice of deposition, may be made by: (1) Personal service
96		-	or service at the usual place of abode; or (2) registered or certified mail, Senate Bill No. 359
97	78
98		-	Public Act No. 19-69 4 of 11
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99	82
100		-	return receipt requested, a duly executed copy thereof addressed to the
101		-	person to be served at such person's principal place of business in this
102		-	state, or, if such person has no principal place of business in this state,
103		-	at such person's principal office or such person's residence. Upon the
104		-	conclusion of the investigation, the Attorney General shall where
105		-	necessary, report any findings to the Governor, or in matters involving
106		-	criminal activity, to the Chief State's Attorney. In addition to the
107		-	exempt records provision of section 1-210, the Auditors of Public
108		-	Accounts and the Attorney General shall not, after receipt of any
109		-	information from a person under the provisions of this section or
110		-	sections 4-276 to 4-280, inclusive, disclose the identity of such person
111		-	without such person's consent unless the Auditors of Public Accounts
112		-	or the Attorney General determines that such disclosure is
113		-	unavoidable, and may withhold records of such investigation, during
114		-	the pendency of the investigation. All documentary material or other
115		-	information furnished to the Attorney General, his or her deputy or
116		-	any assistant attorney general designated by the Attorney General,
117		-	pursuant to a demand issued under this subsection for the purpose of
118		-	investigating a suspected violation of subsection (a) of section 4-275,
119		-	shall be returned to the person furnishing such documentary material
120		-	or other information upon the termination of the Attorney General's
121		-	investigation or final determination of any action or proceeding
122		-	commenced thereunder.
123		-	(e) (1) No state officer or employee, as defined in section 4-141, no
124		-	quasi-public agency officer or employee, no officer or employee of a
125		-	large state contractor and no appointing authority shall take or
126		-	threaten to take any personnel action against any state or quasi-public
127		-	agency employee or any employee of a large state contractor in
128		-	retaliation for (A) such employee's or contractor's disclosure of
129		-	information to (i) an employee of the Auditors of Public Accounts or
130		-	the Attorney General under the provisions of subsection (a) of this
131		-	section; (ii) an employee of the state agency or quasi-public agency Senate Bill No. 359
	83	+	(2) If the Auditors of Public Accounts reject a complaint pursuant to 46
	84	+	subdivision (1) of this subsection, the Auditors of Public Accounts 47
	85	+	shall provide a report to the Attorney General setting out the basis for 48
	86	+	the rejection. 49
	87	+	(3) If at any time the Auditors of Public Accounts determine that a 50
	88	+	complaint is more appropriately investigated by another state agency, 51
	89	+	the Auditors of Public Accounts shall refer the complaint to such 52
	90	+	agency. The investigating agency shall provide a status report 53
	91	+	regarding the referred complaint to the Auditors of Public Accounts 54
	92	+	upon request. 55
	93	+	(c) Notwithstanding the provisions of section 12 -15, the 56
	94	+	Commissioner of Revenue Services may, upon written request by the 57
	95	+	Auditors of Public Accounts, disclose return or return information, as 58
	96	+	defined in section 12-15, to the Auditors of Public Accounts for 59
	97	+	purposes of preparing a report under subsection (a) or (b) of this 60
	98	+	section. Such return or return information shall not be published in 61
	99	+	any report prepared in accordance with subsection (a) or (b) of this 62
	100	+	section, and shall not otherwise be redisclosed, except that such 63
	101	+	information may be redisclosed to the Attorney General for purposes 64
	102	+	of an investigation authorized by subsection (a) of this section. Any 65
	103	+	person who violates the provisions of this subsection shall be subject to 66
	104	+	the provisions of subsection (g) of section 12-15. 67
	105	+	(d) The Attorney General may summon witnesses, require the 68
	106	+	production of any necessary books, papers or other documents and 69
	107	+	administer oaths to witnesses, where necessary, for the purpose of an 70
	108	+	investigation pursuant to this section or for the purpose of 71
	109	+	investigating a suspected violation of subsection (a) of section 4-275 72
	110	+	until such time as the Attorney General files a civil action pursuant to 73
	111	+	section 4-276. Service of a subpoena ad testificandum, subpoena duces 74
	112	+	tecum and a notice of deposition, may be made by: (1) Personal service 75
	113	+	or service at the usual place of abode; or (2) registered or certified mail, 76
	114	+	return receipt requested, a duly executed copy thereof addressed to the 77
	115	+	person to be served at such person's principal place of business in this 78 Committee Bill No. 359
132	116
133		-	Public Act No. 19-69 5 of 11
134	117
135		-	where such state officer or employee is employed; (iii) an employee of
136		-	a state agency pursuant to a mandated reporter statute or pursuant to
137		-	subsection (b) of section 17a-28; (iv) an employee of the Probate Court
138		-	where such employee is employed; or (v) in the case of a large state
139		-	contractor, an employee of the contracting state agency concerning
140		-	information involving the large state contract; or (B) such employee's
141		-	testimony or assistance in any proceeding under this section.
142		-	(2) (A) Not later than ninety days after learning of the specific
143		-	incident giving rise to a claim that a personnel action has been
144		-	threatened or has occurred in violation of subdivision (1) of this
145		-	subsection, a state or quasi-public agency employee, an employee of a
146		-	large state contractor or the employee's attorney may file a complaint
147		-	against the state agency, quasi-public agency, Probate Court, large
148		-	state contractor or appointing authority concerning such personnel
149		-	action with the Chief Human Rights Referee designated under section
150		-	46a-57. Such complaint may be amended if an additional incident
151		-	giving rise to a claim under this subdivision occurs subsequent to the
152		-	filing of the original complaint. The Chief Human Rights Referee shall
153		-	assign the complaint to a human rights referee appointed under
154		-	section 46a-57, who shall conduct a hearing and issue a decision
155		-	concerning whether the officer or employee taking or threatening to
156		-	take the personnel action violated any provision of this section. The
157		-	human rights referee may order a state agency, quasi-public agency or
158		-	Probate Court to produce (i) an employee of such agency, quasi-public
159		-	agency or Probate Court to testify as a witness in any proceeding
160		-	under this subdivision, or (ii) books, papers or other documents
161		-	relevant to the complaint, without issuing a subpoena. If such agency,
162		-	quasi-public agency or Probate Court fails to produce such witness,
163		-	books, papers or documents, not later than thirty days after such order,
164		-	the human rights referee may consider such failure as supporting
165		-	evidence for the complainant. If, after the hearing, the human rights
166		-	referee finds a violation, the referee may award the aggrieved Senate Bill No. 359
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168		-	Public Act No. 19-69 6 of 11
	122	+	state, or, if such person has no principal place of business in this state, 79
	123	+	at such person's principal office or such person's residence. Upon the 80
	124	+	conclusion of the investigation, the Attorney General shall where 81
	125	+	necessary, report any findings to the Governor, or in matters involving 82
	126	+	criminal activity, to the Chief State's Attorney. In addition to the 83
	127	+	exempt records provision of section 1-210, the Auditors of Public 84
	128	+	Accounts and the Attorney General shall not, after receipt of any 85
	129	+	information from a person under the provisions of this section or 86
	130	+	sections 4-276 to 4-280, inclusive, disclose the identity of such person 87
	131	+	without such person's consent unless the Auditors of Public Accounts 88
	132	+	or the Attorney General determines that such disclosure is 89
	133	+	unavoidable, and may withhold records of such investigation, during 90
	134	+	the pendency of the investigation. All documentary material or other 91
	135	+	information furnished to the Attorney General, his or her deputy or 92
	136	+	any assistant attorney general designated by the Attorney General, 93
	137	+	pursuant to a demand issued under this subsection for the purpose of 94
	138	+	investigating a suspected violation of subsection (a) of section 4-275, 95
	139	+	shall be returned to the person furnishing such documentary material 96
	140	+	or other information upon the termination of the Attorney General's 97
	141	+	investigation or final determination of any action or proceeding 98
	142	+	commenced thereunder. 99
	143	+	(e) (1) No state officer or employee, as defined in section 4-141, no 100
	144	+	quasi-public agency officer or employee, no officer or employee of a 101
	145	+	large state contractor and no appointing authority shall take or 102
	146	+	threaten to take any personnel action against any state or quasi-public 103
	147	+	agency employee or any employee of a large state contractor in 104
	148	+	retaliation for (A) such employee's or contractor's disclosure of 105
	149	+	information to (i) an employee of the Auditors of Public Accounts or 106
	150	+	the Attorney General under the provisions of subsection (a) of this 107
	151	+	section; (ii) an employee of the state agency or quasi-public agency 108
	152	+	where such state officer or employee is employed; (iii) an employee of 109
	153	+	a state agency pursuant to a mandated reporter statute or pursuant to 110
	154	+	subsection (b) of section 17a-28; (iv) an employee of the Probate Court 111
	155	+	where such employee is employed; or (v) in the case of a large state 112 Committee Bill No. 359
169	156
170		-	employee reinstatement to the employee's former position, back pay
171		-	and reestablishment of any employee benefits for which the employee
172		-	would otherwise have been eligible if such violation had not occurred,
173		-	reasonable attorneys' fees, and any other damages. For the purposes of
174		-	this subsection, such human rights referee shall act as an independent
175		-	hearing officer. The decision of a human rights referee under this
176		-	subsection may be appealed by any person who was a party at such
177		-	hearing, in accordance with the provisions of section 4-183.
178		-	(B) The Chief Human Rights Referee shall adopt regulations, in
179		-	accordance with the provisions of chapter 54, establishing the
180		-	procedure for filing complaints and noticing and conducting hearings
181		-	under subparagraph (A) of this subdivision.
182		-	(3) As an alternative to the provisions of subdivision (2) of this
183		-	subsection: (A) A state or quasi-public agency employee who alleges
184		-	that a personnel action has been threatened or taken may file an appeal
185		-	not later than ninety days after learning of the specific incident giving
186		-	rise to such claim with the Employees' Review Board under section 5-
187		-	202, or, in the case of a state or quasi-public agency employee covered
188		-	by a collective bargaining contract, in accordance with the procedure
189		-	provided by such contract; or (B) an employee of a large state
190		-	contractor alleging that such action has been threatened or taken may,
191		-	after exhausting all available administrative remedies, bring a civil
192		-	action in accordance with the provisions of subsection (c) of section 31-
193		-	51m.
194		-	(4) In any proceeding under subdivision (2) or (3) of this subsection
195		-	concerning a personnel action taken or threatened against any state or
196		-	quasi-public agency employee or any employee of a large state
197		-	contractor, which personnel action occurs not later than two years after
198		-	the employee first transmits facts and information concerning a matter
199		-	under subsection (a) of this section or discloses information under
200		-	subdivision (1) of this subsection to the Auditors of Public Accounts, Senate Bill No. 359
201	157
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203	161
204		-	the Attorney General or an employee of a state agency, quasi-public
205		-	agency or Probate Court, as applicable, there shall be a rebuttable
206		-	presumption that the personnel action is in retaliation for the action
207		-	taken by the employee under subsection (a) of this section or
208		-	subdivision (1) of this subsection.
209		-	(5) If a state officer or employee, as defined in section 4-141, a quasi-
210		-	public agency officer or employee, an officer or employee of a large
211		-	state contractor or an appointing authority takes or threatens to take
212		-	any action to impede, fail to renew or cancel a contract between a state
213		-	agency and a large state contractor, or between a large state contractor
214		-	and its subcontractor, in retaliation for the disclosure of information
215		-	pursuant to subsection (a) of this section or subdivision (1) of this
216		-	subsection to any agency listed in subdivision (1) of this subsection,
217		-	such affected agency, contractor or subcontractor may, not later than
218		-	ninety days after learning of such action, threat or failure to renew,
219		-	bring a civil action in the superior court for the judicial district of
220		-	Hartford to recover damages, attorney's fees and costs.
221		-	(f) Any employee of a state agency, quasi-public agency, Probate
222		-	Court or large state contractor, who is found by the Auditors of Public
223		-	Accounts, the Attorney General, a human rights referee or the
224		-	Employees' Review Board to have knowingly and maliciously made
225		-	false charges under subsection (a) of this section, shall be subject to
226		-	disciplinary action by such employee's appointing authority up to and
227		-	including dismissal. In the case of a state or quasi-public agency
228		-	employee, such action shall be subject to appeal to the Employees'
229		-	Review Board in accordance with section 5-202, or in the case of state
230		-	or quasi-public agency employees included in collective bargaining
231		-	contracts, the procedure provided by such contracts.
232		-	(g) On or before September first, annually, the Auditors of Public
233		-	Accounts shall submit, in accordance with the provisions of section 11-
234		-	4a, to the clerk of each house of the General Assembly a report Senate Bill No. 359
	162	+	contractor, an employee of the contracting state agency concerning 113
	163	+	information involving the large state contract; or (B) such employee's 114
	164	+	testimony or assistance in any proceeding under this section. 115
	165	+	(2) (A) Not later than ninety days after learning of the specific 116
	166	+	incident giving rise to a claim that a personnel action has been 117
	167	+	threatened or has occurred in violation of subdivision (1) of this 118
	168	+	subsection, a state or quasi-public agency employee, an employee of a 119
	169	+	large state contractor or the employee's attorney may file a complaint 120
	170	+	against the state agency, quasi-public agency, Probate Court, large 121
	171	+	state contractor or appointing authority concerning such personnel 122
	172	+	action with the Chief Human Rights Referee designated under section 123
	173	+	46a-57. Such complaint may be amended if an additional incident 124
	174	+	giving rise to a claim under this subdivision occurs subsequent to the 125
	175	+	filing of the original complaint. The Chief Human Rights Referee shall 126
	176	+	assign the complaint to a human rights referee appointed under 127
	177	+	section 46a-57, who shall conduct a hearing and issue a decision 128
	178	+	concerning whether the officer or employee taking or threatening to 129
	179	+	take the personnel action violated any provision of this section. The 130
	180	+	human rights referee may order a state agency, quasi-public agency or 131
	181	+	Probate Court to produce (i) an employee of such agency, quasi-public 132
	182	+	agency or Probate Court to testify as a witness in any proceeding 133
	183	+	under this subdivision, or (ii) books, papers or other documents 134
	184	+	relevant to the complaint, without issuing a subpoena. If such agency, 135
	185	+	quasi-public agency or Probate Court fails to produce such witness, 136
	186	+	books, papers or documents, not later than thirty days after such order, 137
	187	+	the human rights referee may consider such failure as supporting 138
	188	+	evidence for the complainant. If, after the hearing, the human rights 139
	189	+	referee finds a violation, the referee may award the aggrieved 140
	190	+	employee reinstatement to the employee's former position, back pay 141
	191	+	and reestablishment of any employee benefits for which the employee 142
	192	+	would otherwise have been eligible if such violation had not occurred, 143
	193	+	reasonable attorneys' fees, and any other damages. For the purposes of 144
	194	+	this subsection, such human rights referee shall act as an independent 145
	195	+	hearing officer. The decision of a human rights referee under this 146 Committee Bill No. 359
235	196
236		-	Public Act No. 19-69 8 of 11
237	197
238		-	indicating the number of matters for which facts and information were
239		-	transmitted to the auditors pursuant to this section during the
240		-	preceding state fiscal year and the disposition of each such matter.
241		-	(h) Each contract between a state or quasi-public agency and a large
242		-	state contractor shall provide that, if an officer, employee or
243		-	appointing authority of a large state contractor takes or threatens to
244		-	take any personnel action against any employee of the contractor in
245		-	retaliation for such employee's disclosure of information to any
246		-	employee of the contracting state or quasi-public agency or the
247		-	Auditors of Public Accounts or the Attorney General under the
248		-	provisions of subsection (a) or subdivision (1) of subsection (e) of this
249		-	section, the contractor shall be liable for a civil penalty of not more
250		-	than five thousand dollars for each offense, up to a maximum of
251		-	twenty per cent of the value of the contract. Each violation shall be a
252		-	separate and distinct offense and in the case of a continuing violation
253		-	each calendar day's continuance of the violation shall be deemed to be
254		-	a separate and distinct offense. The executive head of the state or
255		-	quasi-public agency may request the Attorney General to bring a civil
256		-	action in the superior court for the judicial district of Hartford to seek
257		-	imposition and recovery of such civil penalty.
258		-	(i) Each state agency or quasi-public agency shall post a notice of the
259		-	provisions of this section relating to state employees and quasi-public
260		-	agency employees in a conspicuous place that is readily available for
261		-	viewing by employees of such agency or quasi-public agency. Each
262		-	Probate Court shall post a notice of the provisions of this section
263		-	relating to Probate Court employees in a conspicuous place that is
264		-	readily available for viewing by employees of such court. Each large
265		-	state contractor shall post a notice of the provisions of this section
266		-	relating to large state contractors in a conspicuous place which is
267		-	readily available for viewing by the employees of the contractor.
268		-	(j) No person who, in good faith, discloses information in Senate Bill No. 359
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269	201
270		-	Public Act No. 19-69 9 of 11
	202	+	subsection may be appealed by any person who was a party at such 147
	203	+	hearing, in accordance with the provisions of section 4-183. 148
	204	+	(B) The Chief Human Rights Referee shall adopt regulations, in 149
	205	+	accordance with the provisions of chapter 54, establishing the 150
	206	+	procedure for filing complaints and noticing and conducting hearings 151
	207	+	under subparagraph (A) of this subdivision. 152
	208	+	(3) As an alternative to the provisions of subdivision (2) of this 153
	209	+	subsection: (A) A state or quasi-public agency employee who alleges 154
	210	+	that a personnel action has been threatened or taken may file an appeal 155
	211	+	not later than ninety days after learning of the specific incident giving 156
	212	+	rise to such claim with the Employees' Review Board under section 5-157
	213	+	202, or, in the case of a state or quasi-public agency employee covered 158
	214	+	by a collective bargaining contract, in accordance with the procedure 159
	215	+	provided by such contract; or (B) an employee of a large state 160
	216	+	contractor alleging that such action has been threatened or taken may, 161
	217	+	after exhausting all available administrative remedies, bring a civil 162
	218	+	action in accordance with the provisions of subsection (c) of section 31-163
	219	+	51m. 164
	220	+	(4) In any proceeding under subdivision (2) or (3) of this subsection 165
	221	+	concerning a personnel action taken or threatened against any state or 166
	222	+	quasi-public agency employee or any employee of a large state 167
	223	+	contractor, which personnel action occurs not later than two years after 168
	224	+	the employee first transmits facts and information concerning a matter 169
	225	+	under subsection (a) of this section or discloses information under 170
	226	+	subdivision (1) of this subsection to the Auditors of Public Accounts, 171
	227	+	the Attorney General or an employee of a state agency, quasi-public 172
	228	+	agency or Probate Court, as applicable, there shall be a rebuttable 173
	229	+	presumption that the personnel action is in retaliation for the action 174
	230	+	taken by the employee under subsection (a) of this section or 175
	231	+	subdivision (1) of this subsection. 176
	232	+	(5) If a state officer or employee, as defined in section 4-141, a quasi-177
	233	+	public agency officer or employee, an officer or employee of a large 178 Committee Bill No. 359
271	234
272		-	accordance with the provisions of this section shall be liable for any
273		-	civil damages resulting from such good faith disclosure.
274		-	(k) As used in this section:
275		-	(1) "Large state contract" means a contract having a value of five
276		-	million dollars or more (A) between an entity and a state or quasi-
277		-	public agency, [having a value of five million dollars or more] or (B)
278		-	for the receipt of financial assistance by an entity from the state
279		-	pursuant to title 32; and
280		-	(2) "Large state contractor" means an entity that has entered into a
281		-	large state contract with a state or quasi-public agency.
282		-	(l) (1) No officer or employee of a state shellfish grounds lessee shall
283		-	take or threaten to take any personnel action against any employee of a
284		-	state shellfish grounds lessee in retaliation for (A) such employee's
285		-	disclosure of information to an employee of the leasing agency
286		-	concerning information involving the state shellfish grounds lease, or
287		-	(B) such employee's testimony or assistance in any proceeding under
288		-	this section.
289		-	(2) (A) Not later than ninety days after learning of the specific
290		-	incident giving rise to a claim that a personnel action has been
291		-	threatened or has occurred in violation of subdivision (1) of this
292		-	subsection, an employee of a state shellfish grounds lessee or the
293		-	employee's attorney may file a complaint against the state shellfish
294		-	grounds lessee concerning such personnel action with the Chief
295		-	Human Rights Referee designated under section 46a -57. Such
296		-	complaint may be amended if an additional incident giving rise to a
297		-	claim under this subdivision occurs subsequent to the filing of the
298		-	original complaint. The Chief Human Rights Referee shall assign the
299		-	complaint to a human rights referee appointed under section 46a-57,
300		-	who shall conduct a hearing and issue a decision concerning whether Senate Bill No. 359
301	235
302		-	Public Act No. 19-69 10 of 11
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303	239
304		-	the officer or employee taking or threatening to take the personnel
305		-	action violated any provision of this subsection. The human rights
306		-	referee may order a state shellfish grounds lessee to produce (i) an
307		-	employee of such lessee to testify as a witness in any proceeding under
308		-	this subdivision, or (ii) books, papers or other documents relevant to
309		-	the complaint, without issuing a subpoena. If such state shellfish
310		-	grounds lessee fails to produce such witness, books, papers or
311		-	documents, not later than thirty days after such order, the human
312		-	rights referee may consider such failure as supporting evidence for the
313		-	complainant. If, after the hearing, the human rights referee finds a
314		-	violation, the referee may award the aggrieved employee
315		-	reinstatement to the employee's former position, back pay and
316		-	reestablishment of any employee benefits for which the employee
317		-	would otherwise have been eligible if such violation had not occurred,
318		-	reasonable attorneys' fees and any other damages. For the purposes of
319		-	this subsection, such human rights referee shall act as an independent
320		-	hearing officer. The decision of a human rights referee under this
321		-	subsection may be appealed by any person who was a party at such
322		-	hearing, in accordance with the provisions of section 4-183.
323		-	(B) The Chief Human Rights Referee shall adopt regulations, in
324		-	accordance with the provisions of chapter 54, establishing the
325		-	procedure for filing complaints and noticing and conducting hearings
326		-	under subparagraph (A) of this subdivision.
327		-	(3) As an alternative to the provisions of subdivision (2) of this
328		-	subsection, an employee of a state shellfish grounds lessee who alleges
329		-	that a personnel action has been threatened or taken may, after
330		-	exhausting all available administrative remedies, bring a civil action in
331		-	accordance with the provisions of subsection (c) of section 31-51m.
332		-	(4) In any proceeding under subdivision (2) or (3) of this subsection
333		-	concerning a personnel action taken or threatened against any
334		-	employee of a state shellfish grounds lessee, which personnel action Senate Bill No. 359
	240	+	state contractor or an appointing authority takes or threatens to take 179
	241	+	any action to impede, fail to renew or cancel a contract between a state 180
	242	+	agency and a large state contractor, or between a large state contractor 181
	243	+	and its subcontractor, in retaliation for the disclosure of information 182
	244	+	pursuant to subsection (a) of this section or subdivision (1) of this 183
	245	+	subsection to any agency listed in subdivision (1) of this subsection, 184
	246	+	such affected agency, contractor or subcontractor may, not later than 185
	247	+	ninety days after learning of such action, threat or failure to renew, 186
	248	+	bring a civil action in the superior court for the judicial district of 187
	249	+	Hartford to recover damages, attorney's fees and costs. 188
	250	+	(f) Any employee of a state agency, quasi-public agency, Probate 189
	251	+	Court or large state contractor, who is found by the Auditors of Public 190
	252	+	Accounts, the Attorney General, a human rights referee or the 191
	253	+	Employees' Review Board to have knowingly and maliciously made 192
	254	+	false charges under subsection (a) of this section, shall be subject to 193
	255	+	disciplinary action by such employee's appointing authority up to and 194
	256	+	including dismissal. In the case of a state or quasi-public agency 195
	257	+	employee, such action shall be subject to appeal to the Employees' 196
	258	+	Review Board in accordance with section 5-202, or in the case of state 197
	259	+	or quasi-public agency employees included in collective bargaining 198
	260	+	contracts, the procedure provided by such contracts. 199
	261	+	(g) On or before September first, annually, the Auditors of Public 200
	262	+	Accounts shall submit, in accordance with the provisions of section 11-201
	263	+	4a, to the clerk of each house of the General Assembly a report 202
	264	+	indicating the number of matters for which facts and information were 203
	265	+	transmitted to the auditors pursuant to this section during the 204
	266	+	preceding state fiscal year and the disposition of each such matter. 205
	267	+	(h) Each contract between a state or quasi-public agency and a large 206
	268	+	state contractor shall provide that, if an officer, employee or 207
	269	+	appointing authority of a large state contractor takes or threatens to 208
	270	+	take any personnel action against any employee of the contractor in 209
	271	+	retaliation for such employee's disclosure of information to any 210
	272	+	employee of the contracting state or quasi-public agency or the 211 Committee Bill No. 359
335	273
336		-	Public Act No. 19-69 11 of 11
337	274
338		-	occurs not later than two years after the employee first transmits facts
339		-	and information to an employee of the leasing agency concerning the
340		-	state shellfish grounds lease, there shall be a rebuttable presumption
341		-	that the personnel action is in retaliation for the action taken by the
342		-	employee under subdivision (1) of this subsection.
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	278	+
	279	+	Auditors of Public Accounts or the Attorney General under the 212
	280	+	provisions of subsection (a) or subdivision (1) of subsection (e) of this 213
	281	+	section, the contractor shall be liable for a civil penalty of not more 214
	282	+	than five thousand dollars for each offense, up to a maximum of 215
	283	+	twenty per cent of the value of the contract. Each violation shall be a 216
	284	+	separate and distinct offense and in the case of a continuing violation 217
	285	+	each calendar day's continuance of the violation shall be deemed to be 218
	286	+	a separate and distinct offense. The executive head of the state or 219
	287	+	quasi-public agency may request the Attorney General to bring a civil 220
	288	+	action in the superior court for the judicial district of Hartford to seek 221
	289	+	imposition and recovery of such civil penalty. 222
	290	+	(i) Each state agency or quasi-public agency shall post a notice of the 223
	291	+	provisions of this section relating to state employees and quasi-public 224
	292	+	agency employees in a conspicuous place that is readily available for 225
	293	+	viewing by employees of such agency or quasi-public agency. Each 226
	294	+	Probate Court shall post a notice of the provisions of this section 227
	295	+	relating to Probate Court employees in a conspicuous place that is 228
	296	+	readily available for viewing by employees of such court. Each large 229
	297	+	state contractor shall post a notice of the provisions of this section 230
	298	+	relating to large state contractors in a conspicuous place which is 231
	299	+	readily available for viewing by the employees of the contractor. 232
	300	+	(j) No person who, in good faith, discloses information in 233
	301	+	accordance with the provisions of this section shall be liable for any 234
	302	+	civil damages resulting from such good faith disclosure. 235
	303	+	(k) As used in this section: 236
	304	+	(1) "Large state contract" means a contract having a value of five 237
	305	+	million dollars or more (A) between an entity and a state or quasi-238
	306	+	public agency, [having a value of five million dollars or more] or (B) 239
	307	+	for the receipt of financial assistance by an entity from the state 240
	308	+	pursuant to title 32; and 241
	309	+	(2) "Large state contractor" means an entity that has entered into a 242 Committee Bill No. 359
	310	+
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	315	+
	316	+	large state contract with a state or quasi-public agency. 243
	317	+	(l) (1) No officer or employee of a state shellfish grounds lessee shall 244
	318	+	take or threaten to take any personnel action against any employee of a 245
	319	+	state shellfish grounds lessee in retaliation for (A) such employee's 246
	320	+	disclosure of information to an employee of the leasing agency 247
	321	+	concerning information involving the state shellfish grounds lease, or 248
	322	+	(B) such employee's testimony or assistance in any proceeding under 249
	323	+	this section. 250
	324	+	(2) (A) Not later than ninety days after learning of the specific 251
	325	+	incident giving rise to a claim that a personnel action has been 252
	326	+	threatened or has occurred in violation of subdivision (1) of this 253
	327	+	subsection, an employee of a state shellfish grounds lessee or the 254
	328	+	employee's attorney may file a complaint against the state shellfish 255
	329	+	grounds lessee concerning such personnel action with the Chief 256
	330	+	Human Rights Referee designated under section 46a-57. Such 257
	331	+	complaint may be amended if an additional incident giving rise to a 258
	332	+	claim under this subdivision occurs subsequent to the filing of the 259
	333	+	original complaint. The Chief Human Rights Referee shall assign the 260
	334	+	complaint to a human rights referee appointed under section 46a-57, 261
	335	+	who shall conduct a hearing and issue a decision concerning whether 262
	336	+	the officer or employee taking or threatening to take the personnel 263
	337	+	action violated any provision of this subsection. The human rights 264
	338	+	referee may order a state shellfish grounds lessee to produce (i) an 265
	339	+	employee of such lessee to testify as a witness in any proceeding under 266
	340	+	this subdivision, or (ii) books, papers or other documents relevant to 267
	341	+	the complaint, without issuing a subpoena. If such state shellfish 268
	342	+	grounds lessee fails to produce such witness, books, papers or 269
	343	+	documents, not later than thirty days after such order, the human 270
	344	+	rights referee may consider such failure as supporting evidence for the 271
	345	+	complainant. If, after the hearing, the human rights referee finds a 272
	346	+	violation, the referee may award the aggrieved employee 273
	347	+	reinstatement to the employee's former position, back pay and 274
	348	+	reestablishment of any employee benefits for which the employee 275 Committee Bill No. 359
	349	+
	350	+
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	354	+
	355	+	would otherwise have been eligible if such violation had not occurred, 276
	356	+	reasonable attorneys' fees and any other damages. For the purposes of 277
	357	+	this subsection, such human rights referee shall act as an independent 278
	358	+	hearing officer. The decision of a human rights referee under this 279
	359	+	subsection may be appealed by any person who was a party at such 280
	360	+	hearing, in accordance with the provisions of section 4-183. 281
	361	+	(B) The Chief Human Rights Referee shall adopt regulations, in 282
	362	+	accordance with the provisions of chapter 54, establishing the 283
	363	+	procedure for filing complaints and noticing and conducting hearings 284
	364	+	under subparagraph (A) of this subdivision. 285
	365	+	(3) As an alternative to the provisions of subdivision (2) of this 286
	366	+	subsection, an employee of a state shellfish grounds lessee who alleges 287
	367	+	that a personnel action has been threatened or taken may, after 288
	368	+	exhausting all available administrative remedies, bring a civil action in 289
	369	+	accordance with the provisions of subsection (c) of section 31-51m. 290
	370	+	(4) In any proceeding under subdivision (2) or (3) of this subsection 291
	371	+	concerning a personnel action taken or threatened against any 292
	372	+	employee of a state shellfish grounds lessee, which personnel action 293
	373	+	occurs not later than two years after the employee first transmits facts 294
	374	+	and information to an employee of the leasing agency concerning the 295
	375	+	state shellfish grounds lease, there shall be a rebuttable presumption 296
	376	+	that the personnel action is in retaliation for the action taken by the 297
	377	+	employee under subdivision (1) of this subsection. 298
	378	+	This act shall take effect as follows and shall amend the following
	379	+	sections:
	380	+
	381	+	Section 1 October 1, 2019 4-61dd
	382	+
	383	+	LAB Joint Favorable
	384	+	JUD Joint Favorable
343	385