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3 | 3 | | LCO No. 2038 1 of 14 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 5389 |
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6 | 6 | | February Session, 2020 |
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7 | 7 | | LCO No. 2038 |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on LABOR AND PUBLIC EMPLOYEES |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (LAB) |
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18 | 18 | | |
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19 | 19 | | AN ACT CONCERNING CO LLATERAL CONSEQUENCE S OF A |
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20 | 20 | | CRIMINAL RECORD. |
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21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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22 | 22 | | Assembly convened: |
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23 | 23 | | |
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24 | 24 | | Section 1. Section 46a-79 of the general statutes is repealed and the 1 |
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25 | 25 | | following is substituted in lieu thereof (Effective October 1, 2020): 2 |
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26 | 26 | | The General Assembly finds that the public is best protected when 3 |
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27 | 27 | | [criminal offenders] persons who have been arrested or convicted of 4 |
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28 | 28 | | crimes are rehabilitated and returned to society prepared to take their 5 |
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29 | 29 | | places as productive citizens and that the ability of [returned offenders] 6 |
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30 | 30 | | such persons to find meaningful employment, housing and higher 7 |
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31 | 31 | | education and to freely access public accommodations, credit and 8 |
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32 | 32 | | insurance products, is directly related to their normal functioning in the 9 |
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33 | 33 | | community. The General Assembly also finds that African Americans 10 |
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34 | 34 | | and Hispanics are arrested and incarcerated at rates disproportionate to 11 |
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35 | 35 | | their representation in the general population and that discrimination 12 |
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36 | 36 | | in employment, housing and higher education and access to public 13 |
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37 | 37 | | accommodations, credit and insurance products on the basis of criminal 14 |
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38 | 38 | | history record information has a disparate impact based on race and 15 Raised Bill No. 5389 |
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39 | 39 | | |
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40 | 40 | | |
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41 | 41 | | |
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42 | 42 | | LCO No. 2038 2 of 14 |
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43 | 43 | | |
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44 | 44 | | national origin. It is therefore the policy of this state to [encourage] 16 |
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45 | 45 | | prohibit all employers, [to give favorable consideration to providing 17 |
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46 | 46 | | jobs to qualified individuals, including those who may have criminal 18 |
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47 | 47 | | conviction records] landlords, institutions of higher education, places of 19 |
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48 | 48 | | public accommodation, creditors and insurers from discriminating on 20 |
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49 | 49 | | the basis of criminal history record information, except as otherwise 21 |
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50 | 50 | | provided in sections 46a-80, as amended by this act, 46a-81, as amended 22 |
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51 | 51 | | by this act, 8-265c, as amended by this act, 8-315, as amended by this act, 23 |
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52 | 52 | | 10a-6, as amended by this act, 38a-58, as amended by this act, 38a-447, 24 |
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53 | 53 | | as amended by this act, 46a-74, as amended by this act, and 46a-51, as 25 |
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54 | 54 | | amended by this act, and sections 2, 5, 6, 9, 10, 12, 13, 16, 17 and 19 of 26 |
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55 | 55 | | this act. 27 |
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56 | 56 | | Sec. 2. (NEW) (Effective October 1, 2020) For purposes of this section 28 |
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57 | 57 | | and sections 8-265c, 8-315, 10a-6, 38a-358, 38a-447, 46a-74 and 46a-79 of 29 |
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58 | 58 | | the general statutes, as amended by this act: 30 |
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59 | 59 | | (1) "Commission" means the Commission on Human Rights and 31 |
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60 | 60 | | Opportunities created by section 46a-52 of the general statutes; 32 |
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61 | 61 | | (2) "Criminal history record information" means court records and 33 |
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62 | 62 | | information obtained from the Judicial Department relating to arrests, 34 |
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63 | 63 | | releases, detentions, indictments, informations, other formal criminal 35 |
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64 | 64 | | charges or any events and outcomes arising from such arrests, releases, 36 |
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65 | 65 | | detentions, including pleas, trials, convictions, sentences, appeals, 37 |
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66 | 66 | | incarcerations, correctional supervision, paroles and releases, 38 |
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67 | 67 | | outstanding judgments and any other conviction information, as 39 |
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68 | 68 | | defined in subsection (c) of section 54-142g of the general statutes; 40 |
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69 | 69 | | (3) "Employer" means any person or employer with three or more 41 |
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70 | 70 | | persons in such person's or employer's employ and includes the state 42 |
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71 | 71 | | and all political subdivisions thereof; and 43 |
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72 | 72 | | (4) "Place of public accommodation" means any establishment that 44 |
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73 | 73 | | caters or offers its services or facilities or goods to the general public, 45 |
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74 | 74 | | including, but not limited to, any commercial property or building lot 46 |
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75 | 75 | | on which it is intended that a commercial building will be constructed 47 Raised Bill No. 5389 |
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76 | 76 | | |
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77 | 77 | | |
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78 | 78 | | |
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79 | 79 | | LCO No. 2038 3 of 14 |
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80 | 80 | | |
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81 | 81 | | or offered for sale or rent. 48 |
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82 | 82 | | Sec. 3. Section 46a-80 of the general statutes is repealed and the 49 |
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83 | 83 | | following is substituted in lieu thereof (Effective October 1, 2020): 50 |
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84 | 84 | | (a) Except as provided in subsection (c) of this section, subsection (b) 51 |
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85 | 85 | | of section 46a-81, as amended by this act, and section 36a-489, and 52 |
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86 | 86 | | notwithstanding any other provisions of law to the contrary, a person 53 |
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87 | 87 | | shall not be disqualified from employment [by the state or any of its 54 |
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88 | 88 | | agencies] or discriminated against in terms, conditions or privileges of 55 |
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89 | 89 | | employment by an employer, acting directly or through an agent, nor 56 |
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90 | 90 | | shall a person be disqualified to practice, pursue or engage in any 57 |
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91 | 91 | | occupation, trade, vocation, profession or business for which a license, 58 |
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92 | 92 | | permit, certificate or registration is required to be issued by the state or 59 |
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93 | 93 | | any of its agencies solely because of [a prior conviction of a crime] such 60 |
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94 | 94 | | person's criminal history record information. 61 |
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95 | 95 | | (b) Except for a position for which any provision of the general 62 |
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96 | 96 | | statutes specifically disqualifies a person from employment by the state 63 |
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97 | 97 | | or any of its agencies because of [a prior conviction of a crime, no 64 |
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98 | 98 | | employer, as defined in section 5-270, shall] such person's criminal 65 |
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99 | 99 | | history record information, no employer, shall inquire about a 66 |
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100 | 100 | | prospective employee's past convictions until such prospective 67 |
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101 | 101 | | employee has been deemed otherwise qualified for the position deny 68 |
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102 | 102 | | employment to such person based on such criminal history record 69 |
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103 | 103 | | information. 70 |
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104 | 104 | | (c) [A person may be denied employment by the state or any of its 71 |
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105 | 105 | | agencies, or a person may be denied] No employer shall deny a person 72 |
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106 | 106 | | employment nor shall the state deny a person a license, permit, 73 |
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107 | 107 | | certificate or registration to pursue, practice or engage in an occupation, 74 |
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108 | 108 | | trade, vocation, profession or business by reason of the [prior conviction 75 |
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109 | 109 | | of a crime if, after considering (1) the] person's criminal history record 76 |
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110 | 110 | | information, unless, after conducting an individualized assessment that 77 |
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111 | 111 | | includes: (1) The nature of the crime and its relationship to the job, 78 |
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112 | 112 | | license, permit, certificate or registration for which the person has 79 Raised Bill No. 5389 |
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114 | 114 | | |
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115 | 115 | | |
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116 | 116 | | LCO No. 2038 4 of 14 |
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117 | 117 | | |
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118 | 118 | | applied; (2) information pertaining to the degree of rehabilitation of the 80 |
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119 | 119 | | [convicted] person with criminal history record information; and (3) the 81 |
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120 | 120 | | time elapsed since the [conviction or release] acts underlying the 82 |
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121 | 121 | | criminal history record information, the state or any of its agencies or 83 |
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122 | 122 | | the employer, as the case may be, determines that the [applicant is not 84 |
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123 | 123 | | suitable for the position of employment sought or the specific 85 |
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124 | 124 | | occupation, trade, vocation, profession or business for which the license, 86 |
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125 | 125 | | permit, certificate or registration is sought] denial is consistent with 87 |
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126 | 126 | | business necessity. In making a determination under this subsection, the 88 |
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127 | 127 | | state or any of its agencies or the employer shall give consideration to a 89 |
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128 | 128 | | provisional pardon issued pursuant to section 54-130e, or a certificate of 90 |
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129 | 129 | | rehabilitation issued pursuant to section 54-108f or 54-130e, and such 91 |
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130 | 130 | | provisional pardon or certificate of rehabilitation shall establish a 92 |
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131 | 131 | | presumption that such applicant has been rehabilitated. If an 93 |
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132 | 132 | | application is denied based on a [conviction] criminal history record 94 |
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133 | 133 | | information for which the applicant has received a provisional pardon 95 |
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134 | 134 | | or certificate of rehabilitation, the state or any of its agencies or the 96 |
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135 | 135 | | employer, as the case may be, shall provide a written statement to the 97 |
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136 | 136 | | applicant of its reasons for such denial. 98 |
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137 | 137 | | (d) Except for a position for which any provision of the general 99 |
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138 | 138 | | statutes specifically disqualifies a person from employment because of 100 |
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139 | 139 | | that person's criminal history record information, no employer or 101 |
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140 | 140 | | employment agency shall advertise employment opportunities in such 102 |
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141 | 141 | | a manner as to restrict such employment for applicants with criminal 103 |
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142 | 142 | | history record information. 104 |
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143 | 143 | | [(d)] (e) If a [conviction of a crime] criminal history record 105 |
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144 | 144 | | information is used as a basis for rejection of an applicant, such rejection 106 |
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145 | 145 | | shall be in writing and specifically state the evidence presented and 107 |
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146 | 146 | | reasons for rejection. A copy of such rejection shall be sent by registered 108 |
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147 | 147 | | mail to the applicant. 109 |
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148 | 148 | | [(e)] (f) In no case may [records of arrest, which are not followed by a 110 |
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149 | 149 | | conviction, or] records of convictions, which have been erased, be used, 111 |
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150 | 150 | | distributed or disseminated by the state or any of its agencies in 112 Raised Bill No. 5389 |
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151 | 151 | | |
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152 | 152 | | |
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153 | 153 | | |
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154 | 154 | | LCO No. 2038 5 of 14 |
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155 | 155 | | |
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156 | 156 | | connection with an application for employment or for a permit, license, 113 |
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157 | 157 | | certificate or registration. 114 |
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158 | 158 | | Sec. 4. Section 46a-81 of the general statutes is repealed and the 115 |
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159 | 159 | | following is substituted in lieu thereof (Effective October 1, 2020): 116 |
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160 | 160 | | (a) Except as provided in section 36a-489, the provisions of sections 117 |
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161 | 161 | | 46a-79 to 46a-81, inclusive, as amended by this act, shall prevail over any 118 |
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162 | 162 | | other provisions of law which purport to govern the denial of licenses, 119 |
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163 | 163 | | permits, certificates, registrations, or other means to engage in an 120 |
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164 | 164 | | occupation, trade, vocation, business or profession, on the grounds of a 121 |
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165 | 165 | | lack of good moral character, or which purport to govern the suspension 122 |
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166 | 166 | | or revocation of a license, permit, certificate or registration on the 123 |
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167 | 167 | | grounds of conviction of a crime. 124 |
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168 | 168 | | (b) [Sections 46a-79 to 46a-81, inclusive] The provisions of sections 125 |
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169 | 169 | | 46a-80, as amended by this act, 46a-81, as amended by this act, 8-265c, 126 |
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170 | 170 | | as amended by this act, 8-315, as amended by this act, 10a-6, as amended 127 |
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171 | 171 | | by this act, 38a-58, as amended by this act, 38a-447, as amended by this 128 |
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172 | 172 | | act, 46a-74, as amended by this act, and 46a-51, as amended by this act, 129 |
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173 | 173 | | and sections 2, 5, 6, 9, 10, 12, 13, 16, 17 and 19 of this act, shall not be 130 |
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174 | 174 | | applicable to any law enforcement agency, and it is not a discriminatory 131 |
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175 | 175 | | practice for a law enforcement agency to refuse to hire or employ or to 132 |
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176 | 176 | | bar or to discharge from employment any person or to discriminate 133 |
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177 | 177 | | against that person in compensation or in terms, conditions or privileges 134 |
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178 | 178 | | of employment on the basis of that person's criminal history record 135 |
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179 | 179 | | information, provided nothing herein shall be construed to preclude a 136 |
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180 | 180 | | law enforcement agency in its discretion from adopting the policy set 137 |
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181 | 181 | | forth in said sections. 138 |
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182 | 182 | | Sec. 5. (NEW) (Effective October 1, 2020) It shall be a discriminatory 139 |
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183 | 183 | | practice under subdivision (8) of section 46a-51 of the general statutes, 140 |
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184 | 184 | | as amended by this act, for any association, board or other organization, 141 |
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185 | 185 | | the principal purpose of which is the furtherance of the professional or 142 |
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186 | 186 | | occupational interests of its members, whose profession, trade or 143 |
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187 | 187 | | occupation requires a state license, to refuse to accept an otherwise 144 Raised Bill No. 5389 |
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189 | 189 | | |
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190 | 190 | | |
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191 | 191 | | LCO No. 2038 6 of 14 |
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192 | 192 | | |
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193 | 193 | | qualified person as a member of such association, board or organization 145 |
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194 | 194 | | on the basis of that person's criminal history record information. 146 |
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195 | 195 | | (b) Any association, board or other organization that violates the 147 |
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196 | 196 | | provisions of this section shall be fined not less than one hundred 148 |
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197 | 197 | | dollars or more than five hundred dollars. 149 |
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198 | 198 | | Sec. 6. (NEW) (Effective October 1, 2020) (a) It shall be a discriminatory 150 |
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199 | 199 | | practice under subdivision (8) of section 46a-51 of the general statutes, 151 |
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200 | 200 | | as amended by this act: 152 |
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201 | 201 | | (1) To refuse to sell or rent after the making of a bona fide offer, or to 153 |
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202 | 202 | | refuse to negotiate for the sale or rental of, or otherwise make 154 |
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203 | 203 | | unavailable or deny, a dwelling to any person on the basis of the 155 |
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204 | 204 | | criminal history record information of (A) such buyer or renter, (B) a 156 |
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205 | 205 | | person residing in or intending to reside in such dwelling after it is so 157 |
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206 | 206 | | sold, rented or made available, or (C) any person associated with such 158 |
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207 | 207 | | buyer or renter; 159 |
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208 | 208 | | (2) To discriminate against any person in the terms, conditions or 160 |
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209 | 209 | | privileges of the sale or rental of a dwelling, or in the provision of 161 |
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210 | 210 | | services or facilities in connection therewith, on the basis of the criminal 162 |
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211 | 211 | | history record information of (A) such buyer or renter, (B) a person 163 |
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212 | 212 | | residing in or intending to reside in such dwelling after it is so sold, 164 |
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213 | 213 | | rented or made available, or (C) any person associated with such buyer 165 |
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214 | 214 | | or renter; 166 |
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215 | 215 | | (3) To make, print or publish, or cause to be made, printed or 167 |
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216 | 216 | | published any notice, statement or advertisement, with respect to the 168 |
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217 | 217 | | sale or rental of a dwelling that indicates any preference, limitation or 169 |
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218 | 218 | | discrimination, or an intention to make any such preference, limitation 170 |
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219 | 219 | | or discrimination, based on the criminal history record information of 171 |
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220 | 220 | | (A) a potential buyer or renter, (B) a person intending to reside in such 172 |
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221 | 221 | | dwelling after it is sold, rented or made available, or (C) any person 173 |
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222 | 222 | | associated with such potential buyer or renter; 174 |
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223 | 223 | | (4) To represent to any person that any dwelling is not available for 175 Raised Bill No. 5389 |
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226 | 226 | | |
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227 | 227 | | LCO No. 2038 7 of 14 |
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228 | 228 | | |
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229 | 229 | | inspection, sale or rental when such dwelling is in fact so available, on 176 |
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230 | 230 | | the basis of the criminal history record information of (A) a potential 177 |
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231 | 231 | | buyer or renter, (B) a person intending to reside in such dwelling after 178 |
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232 | 232 | | it is so sold, rented or made available, or (C) any person associated with 179 |
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233 | 233 | | such potential buyer or renter; 180 |
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234 | 234 | | (5) For profit, to induce or attempt to induce any person to sell or rent 181 |
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235 | 235 | | any dwelling by representations regarding the entry or prospective 182 |
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236 | 236 | | entry into the neighborhood of a person or persons with criminal history 183 |
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237 | 237 | | record information; 184 |
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238 | 238 | | (6) For any person or other entity engaging in residential-real-estate-185 |
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239 | 239 | | related transactions, to discriminate against any person in making 186 |
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240 | 240 | | available such a transaction, or in the terms or conditions of such a 187 |
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241 | 241 | | transaction, on the basis of the criminal history record information of 188 |
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242 | 242 | | (A) the other party in the transaction, (B) a person residing in or 189 |
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243 | 243 | | intending to reside in a dwelling with such other party, or (C) any 190 |
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244 | 244 | | person associated with such other party; 191 |
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245 | 245 | | (7) To deny any person access to or membership or participation in 192 |
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246 | 246 | | any multiple-listing service, real estate brokers' organization or other 193 |
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247 | 247 | | service, organization or facility relating to the business of selling or 194 |
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248 | 248 | | renting dwellings, or to discriminate against that person in the terms or 195 |
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249 | 249 | | conditions of such access, membership or participation, on account of 196 |
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250 | 250 | | that person's criminal history record information; or 197 |
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251 | 251 | | (8) To coerce, intimidate, threaten or interfere with any person in the 198 |
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252 | 252 | | exercise or enjoyment of, or on account of that person having exercised 199 |
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253 | 253 | | or enjoyed, or on account of that person having aided or encouraged 200 |
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254 | 254 | | any other person in the exercise or enjoyment of, any right granted or 201 |
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255 | 255 | | protected by this section. 202 |
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256 | 256 | | (b) The provisions of this section shall not apply to (1) the rental of a 203 |
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257 | 257 | | room or rooms in a unit in a dwelling if the owner actually maintains 204 |
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258 | 258 | | and occupies part of such unit as the owner's residence, or (2) a unit in 205 |
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259 | 259 | | a dwelling containing not more than four units if the owner actually 206 |
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260 | 260 | | maintains and occupies one of such other units as the owner's residence. 207 Raised Bill No. 5389 |
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262 | 262 | | |
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263 | 263 | | |
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264 | 264 | | LCO No. 2038 8 of 14 |
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265 | 265 | | |
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266 | 266 | | (c) Nothing in this section shall limit the applicability of any 208 |
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267 | 267 | | reasonable state statute or municipal ordinance restricting the 209 |
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268 | 268 | | maximum number of persons permitted to occupy a dwelling. 210 |
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269 | 269 | | (d) Nothing in this section shall prohibit a person engaged in the 211 |
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270 | 270 | | business of furnishing appraisals of real property to take into 212 |
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271 | 271 | | consideration factors other than a person's criminal history record 213 |
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272 | 272 | | information. 214 |
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273 | 273 | | (e) Nothing in this section shall require a landlord, seller of real 215 |
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274 | 274 | | property or other person engaged in residential-real-estate-related 216 |
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275 | 275 | | transactions to investigate the criminal history record information of a 217 |
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276 | 276 | | tenant, buyer, potential tenant, potential buyer, person intending to 218 |
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277 | 277 | | reside in the dwelling that is the subject of the residential-real-estate-219 |
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278 | 278 | | related transaction or any person associated with a tenant, buyer, 220 |
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279 | 279 | | potential tenant or potential buyer. 221 |
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280 | 280 | | Sec. 7. Section 8-265c of the general statutes is repealed and the 222 |
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281 | 281 | | following is substituted in lieu thereof (Effective October 1, 2020): 223 |
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282 | 282 | | The authority shall require that occupancy of all housing financed or 224 |
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283 | 283 | | otherwise assisted under this chapter be open to all persons regardless 225 |
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284 | 284 | | of race, creed, color, national origin or ancestry, sex or gender identity 226 |
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285 | 285 | | or expression or criminal history record information and that the 227 |
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286 | 286 | | contractors and subcontractors engaged in the construction or 228 |
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287 | 287 | | rehabilitation of such housing shall take affirmative action to provide 229 |
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288 | 288 | | equal opportunity for employment without discrimination as to race, 230 |
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289 | 289 | | creed, color, national origin or ancestry, sex, [or] gender identity or 231 |
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290 | 290 | | expression or criminal history record information. 232 |
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291 | 291 | | Sec. 8. Section 8-315 of the general statutes is repealed and the 233 |
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292 | 292 | | following is substituted in lieu thereof (Effective October 1, 2020): 234 |
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293 | 293 | | The municipality shall take all necessary steps to insure that 235 |
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294 | 294 | | occupancy of all housing financed or otherwise assisted pursuant to this 236 |
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295 | 295 | | chapter be open to all persons regardless of race, creed, color, national 237 |
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296 | 296 | | origin or ancestry, sex, gender identity or expression, age, [or] physical 238 Raised Bill No. 5389 |
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297 | 297 | | |
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298 | 298 | | |
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299 | 299 | | |
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300 | 300 | | LCO No. 2038 9 of 14 |
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301 | 301 | | |
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302 | 302 | | disability or criminal history record information. 239 |
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303 | 303 | | Sec. 9. (NEW) (Effective October 1, 2020) It shall be a discriminatory 240 |
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304 | 304 | | practice pursuant to subdivision (8) of section 46a-51 of the general 241 |
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305 | 305 | | statutes, as amended by this act: (1) To deny any person within the 242 |
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306 | 306 | | jurisdiction of this state full and equal accommodations in any place of 243 |
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307 | 307 | | public accommodation on the basis of that person's criminal history 244 |
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308 | 308 | | record information, subject only to the conditions and limitations 245 |
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309 | 309 | | established by law and applicable alike to all persons; or (2) to 246 |
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310 | 310 | | discriminate, segregate or separate on account of criminal history record 247 |
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311 | 311 | | information. 248 |
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312 | 312 | | Sec. 10. (NEW) (Effective October 1, 2020) It shall be a discriminatory 249 |
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313 | 313 | | practice under subdivision (8) of section 46a-51 of the general statutes, 250 |
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314 | 314 | | as amended by this act, for the state system of higher education to deny 251 |
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315 | 315 | | a person the opportunity for higher education on the basis of criminal 252 |
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316 | 316 | | history record information. 253 |
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317 | 317 | | Sec. 11. Subsection (b) of section 10a-6 of the general statutes is 254 |
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318 | 318 | | repealed and the following is substituted in lieu thereof (Effective October 255 |
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319 | 319 | | 1, 2020): 256 |
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320 | 320 | | (b) Within the limits of authorized expenditures, the policies of the 257 |
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321 | 321 | | state system of higher education shall be consistent with (1) the 258 |
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322 | 322 | | following goals: (A) To ensure that no qualified person be denied the 259 |
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323 | 323 | | opportunity for higher education on the basis of age, sex, gender 260 |
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324 | 324 | | identity or expression, ethnic background, criminal history record 261 |
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325 | 325 | | information or social, physical or economic condition, (B) to protect 262 |
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326 | 326 | | academic freedom, (C) to provide opportunities for education and 263 |
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327 | 327 | | training related to the economic, cultural and educational development 264 |
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328 | 328 | | of the state, (D) to assure the fullest possible use of available resources 265 |
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329 | 329 | | in public and private institutions of higher education, (E) to maintain 266 |
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330 | 330 | | standards of quality ensuring a position of national leadership for state 267 |
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331 | 331 | | institutions of higher education, (F) to apply the resources of higher 268 |
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332 | 332 | | education to the problems of society, and (G) to foster flexibility in the 269 |
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333 | 333 | | policies and institutions of higher education to enable the system to 270 Raised Bill No. 5389 |
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335 | 335 | | |
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336 | 336 | | |
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337 | 337 | | LCO No. 2038 10 of 14 |
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338 | 338 | | |
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339 | 339 | | respond to changes in the economy, society, technology and student 271 |
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340 | 340 | | interests; and (2) the goals for higher education in the state identified in 272 |
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341 | 341 | | section 10a-11c. Said board shall review recent studies of the need for 273 |
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342 | 342 | | higher education services, with special attention to those completed 274 |
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343 | 343 | | pursuant to legislative action, and to meet such needs shall initiate 275 |
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344 | 344 | | additional programs or services through one or more of the constituent 276 |
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345 | 345 | | units. 277 |
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346 | 346 | | Sec. 12. (NEW) (Effective October 1, 2020) All educational, counseling 278 |
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347 | 347 | | and vocational guidance programs and all apprenticeship and on-the-279 |
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348 | 348 | | job training programs of state agencies, or in which state agencies 280 |
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349 | 349 | | participate, shall be open to all qualified persons, without regard to a 281 |
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350 | 350 | | person's criminal history record information. 282 |
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351 | 351 | | Sec. 13. (NEW) (Effective October 1, 2020) It shall be a discriminatory 283 |
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352 | 352 | | practice under subdivision (8) of section 46a-51 of the general statutes, 284 |
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353 | 353 | | as amended by this act, for any creditor to discriminate, on the basis of 285 |
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354 | 354 | | criminal record history information, against any person eighteen years 286 |
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355 | 355 | | of age or older in any credit transaction. 287 |
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356 | 356 | | Sec. 14. Section 38a-358 of the general statutes is repealed and the 288 |
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357 | 357 | | following is substituted in lieu thereof (Effective October 1, 2020): 289 |
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358 | 358 | | The declination, cancellation or nonrenewal of a policy for private 290 |
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359 | 359 | | passenger nonfleet automobile insurance is prohibited if the declination, 291 |
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360 | 360 | | cancellation or nonrenewal is based: (1) On the race, religion, nationality 292 |
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361 | 361 | | or ethnicity of the applicant or named insured; (2) solely on the lawful 293 |
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362 | 362 | | occupation or profession of the applicant or named insured, except that 294 |
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363 | 363 | | this provision shall not apply to any insurer which limits its market to 295 |
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364 | 364 | | one lawful occupation or profession or to several related lawful 296 |
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365 | 365 | | occupations or professions; (3) on the principal location of the insured 297 |
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366 | 366 | | motor vehicle unless such decision is for a business purpose which is 298 |
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367 | 367 | | not a mere pretext for unfair discrimination; (4) solely on the age, sex, 299 |
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368 | 368 | | gender identity or expression, [or] marital status or criminal history 300 |
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369 | 369 | | record information of an applicant or an insured, except that this 301 |
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370 | 370 | | subdivision shall not apply to an insurer in an insurer group if one or 302 Raised Bill No. 5389 |
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371 | 371 | | |
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372 | 372 | | |
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373 | 373 | | |
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374 | 374 | | LCO No. 2038 11 of 14 |
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375 | 375 | | |
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376 | 376 | | more other insurers in the group would not decline an application for 303 |
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377 | 377 | | essentially similar coverage based upon such reasons; (5) on the fact that 304 |
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378 | 378 | | the applicant or named insured previously obtained insurance coverage 305 |
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379 | 379 | | through a residual market; (6) on the fact that another insurer previously 306 |
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380 | 380 | | declined to insure the applicant or terminated an existing policy in 307 |
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381 | 381 | | which the applicant was the named insured; (7) the first or second 308 |
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382 | 382 | | accident within the current experience period in relation to which the 309 |
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383 | 383 | | applicant or insured was not convicted of a moving traffic violation and 310 |
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384 | 384 | | was not at fault; or (8) solely on information contained in an insured's 311 |
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385 | 385 | | or applicant's credit history or credit rating or solely on an applicant's 312 |
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386 | 386 | | lack of credit history. For the purposes of subdivision (8) of this section, 313 |
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387 | 387 | | an insurer shall not be deemed to have declined, cancelled or 314 |
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388 | 388 | | nonrenewed a policy if coverage is available through an affiliated 315 |
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389 | 389 | | insurer. 316 |
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390 | 390 | | Sec. 15. Section 38a-447 of the general statutes is repealed and the 317 |
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391 | 391 | | following is substituted in lieu thereof (Effective October 1, 2020): 318 |
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392 | 392 | | No life insurance company doing business in this state may: (1) Make 319 |
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393 | 393 | | any distinction or discrimination between persons on the basis of race 320 |
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394 | 394 | | or criminal history record information, as to the premiums or rates 321 |
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395 | 395 | | charged for policies upon the lives of such persons; (2) demand or 322 |
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396 | 396 | | require greater premiums from persons of one race than such as are at 323 |
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397 | 397 | | that time required by that company from persons of another race of the 324 |
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398 | 398 | | same age, sex, general condition of health and hope of longevity; (3) 325 |
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399 | 399 | | demand or require greater premiums from persons with criminal 326 |
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400 | 400 | | history record information than are at that time required by the 327 |
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401 | 401 | | company from persons without criminal history record information of 328 |
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402 | 402 | | the same age, sex, general conditions of health and hope of longevity; or 329 |
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403 | 403 | | [(3)] (4) make or require any rebate, diminution or discount on the basis 330 |
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404 | 404 | | of race or criminal history record information upon the sum to be paid 331 |
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405 | 405 | | on any policy in case of the death of any person insured, nor insert in 332 |
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406 | 406 | | the policy any condition, nor make any stipulation whereby such person 333 |
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407 | 407 | | insured shall bind himself, his heirs, executors, administrators or 334 |
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408 | 408 | | assigns to accept any sum less than the full value or amount of such 335 |
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409 | 409 | | policy, in case of a claim accruing thereon by reason of the death of such 336 Raised Bill No. 5389 |
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410 | 410 | | |
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411 | 411 | | |
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412 | 412 | | |
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413 | 413 | | LCO No. 2038 12 of 14 |
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414 | 414 | | |
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415 | 415 | | person insured, other than such as are imposed upon all persons in 337 |
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416 | 416 | | similar cases; and each such stipulation or condition so made or inserted 338 |
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417 | 417 | | shall be void. 339 |
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418 | 418 | | Sec. 16. (NEW) (Effective October 1, 2020) Criminal history record 340 |
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419 | 419 | | information shall not be considered as a limiting factor in state-341 |
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420 | 420 | | administered programs involving the distribution of funds to qualify 342 |
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421 | 421 | | applicants for benefits authorized by law. 343 |
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422 | 422 | | Sec. 17. (NEW) (Effective October 1, 2020) All services of every state 344 |
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423 | 423 | | agency shall be performed without discrimination on the basis of 345 |
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424 | 424 | | criminal history record information. 346 |
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425 | 425 | | Sec. 18. Section 46a-74 of the general statutes is repealed and the 347 |
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426 | 426 | | following is substituted in lieu thereof (Effective October 1, 2020): 348 |
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427 | 427 | | No state department, board or agency may permit any 349 |
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428 | 428 | | discriminatory practice in violation of section 46a-59, 46a-64, [or] 46a-350 |
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429 | 429 | | 64c or 46a-80, as amended by this act, or section 5, 6, 9, 10 or 13 of this 351 |
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430 | 430 | | act. 352 |
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431 | 431 | | Sec. 19. (NEW) (Effective October 1, 2020) (a) To the extent that other 353 |
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432 | 432 | | governing laws, including, but not limited to, the laws of the United 354 |
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433 | 433 | | States of America, mandate that an employer, seller or renter of real 355 |
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434 | 434 | | property, place of public accommodation, institute of higher education 356 |
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435 | 435 | | or other post-secondary school or provider of credit or insurance 357 |
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436 | 436 | | products discriminate on the basis of criminal history record 358 |
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437 | 437 | | information, such other governing law is a defense to a claim of 359 |
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438 | 438 | | discriminatory practice. 360 |
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439 | 439 | | (b) In a civil action for the death to, injury of or damage to a third 361 |
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440 | 440 | | person caused by the intentional act of a person with criminal history 362 |
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441 | 441 | | record information, any person who employs, rents, sells to, admits or 363 |
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442 | 442 | | otherwise provides services to such person with criminal history record 364 |
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443 | 443 | | information shall be presumed not to have been negligent in entering 365 |
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444 | 444 | | into transactions mandated by 8-265c, as amended by this act, 8-315, as 366 |
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445 | 445 | | amended by this act, 10a-6, as amended by this act, 38a-58, as amended 367 Raised Bill No. 5389 |
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446 | 446 | | |
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447 | 447 | | |
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448 | 448 | | |
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449 | 449 | | LCO No. 2038 13 of 14 |
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450 | 450 | | |
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451 | 451 | | by this act, 38a-447, as amended by this act, 46a-51, as amended by this 368 |
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452 | 452 | | act, 46a-74, as amended by this act, sections 46a-80, as amended by this 369 |
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453 | 453 | | act, and 46a-81, as amended by this act, and sections 2, 5, 6, 9, 10, 12, 13, 370 |
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454 | 454 | | 16, 17 and 19 of this act. 371 |
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455 | 455 | | Sec. 20. Subdivision (7) of section 46a-51 of the 2020 supplement to 372 |
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456 | 456 | | the general statutes is repealed and the following is substituted in lieu 373 |
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457 | 457 | | thereof (Effective October 1, 2020): 374 |
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458 | 458 | | (7) "Discriminatory employment practice" means any discriminatory 375 |
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459 | 459 | | practice specified in section 46a-60, 46a-80, as amended by this act, or 376 |
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460 | 460 | | 46a-81c; 377 |
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461 | 461 | | Sec. 21. Subdivision (8) of section 46a-51 of the 2020 supplement to 378 |
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462 | 462 | | the general statutes is repealed and the following is substituted in lieu 379 |
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463 | 463 | | thereof (Effective October 1, 2020): 380 |
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464 | 464 | | (8) "Discriminatory practice" means a violation of section 4a-60, 4a-381 |
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465 | 465 | | 60a, 4a-60g, 31-40y, subparagraph (C) of subdivision (15) of section 46a-382 |
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466 | 466 | | 54, subdivisions (16) and (17) of section 46a-54, section 46a-58, 46a-59, 383 |
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467 | 467 | | 46a-60, 46a-64, 46a-64c, 46a-66, 46a-68, 46a-68c to 46a-68f, inclusive, [or] 384 |
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468 | 468 | | 46a-70 to 46a-78, inclusive, [subsection (a) of section] 46a-80 ,as 385 |
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469 | 469 | | amended by this act, [or sections] 46a-81b to 46a-81o, inclusive, or 386 |
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470 | 470 | | section 5, 6, 9, 10 or 13 of this act; 387 |
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471 | 471 | | This act shall take effect as follows and shall amend the following |
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472 | 472 | | sections: |
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473 | 473 | | |
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474 | 474 | | Section 1 October 1, 2020 46a-79 |
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475 | 475 | | Sec. 2 October 1, 2020 New section |
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476 | 476 | | Sec. 3 October 1, 2020 46a-80 |
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477 | 477 | | Sec. 4 October 1, 2020 46a-81 |
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478 | 478 | | Sec. 5 October 1, 2020 New section |
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479 | 479 | | Sec. 6 October 1, 2020 New section |
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480 | 480 | | Sec. 7 October 1, 2020 8-265c |
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481 | 481 | | Sec. 8 October 1, 2020 8-315 |
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482 | 482 | | Sec. 9 October 1, 2020 New section |
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483 | 483 | | Sec. 10 October 1, 2020 New section |
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484 | 484 | | Sec. 11 October 1, 2020 10a-6(b) Raised Bill No. 5389 |
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485 | 485 | | |
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486 | 486 | | |
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487 | 487 | | |
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488 | 488 | | LCO No. 2038 14 of 14 |
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489 | 489 | | |
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490 | 490 | | Sec. 12 October 1, 2020 New section |
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491 | 491 | | Sec. 13 October 1, 2020 New section |
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492 | 492 | | Sec. 14 October 1, 2020 38a-358 |
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493 | 493 | | Sec. 15 October 1, 2020 38a-447 |
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494 | 494 | | Sec. 16 October 1, 2020 New section |
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495 | 495 | | Sec. 17 October 1, 2020 New section |
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496 | 496 | | Sec. 18 October 1, 2020 46a-74 |
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497 | 497 | | Sec. 19 October 1, 2020 New section |
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498 | 498 | | Sec. 20 October 1, 2020 46a-51(7) |
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499 | 499 | | Sec. 21 October 1, 2020 46a-51(8) |
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500 | 500 | | |
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501 | 501 | | Statement of Purpose: |
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502 | 502 | | To protect individuals from discrimination based on criminal history |
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503 | 503 | | record information. |
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504 | 504 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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505 | 505 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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506 | 506 | | underlined.] |
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507 | 507 | | |
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