OFFICE OF FISCAL ANALYSIS Legislative Office Building, Room 5200 Hartford, CT 06106 (860) 240-0200 http://www.cga.ct.gov/ofa sHB-6475 AN ACT CONCERNING PUBLIC ENFORCEMENT ACTIONS. Primary Analyst: CW 4/11/21 Contributing Analyst(s): DC, DD, AN, PR Reviewer: MM OFA Fiscal Note State Impact: Agency Affected Fund-Effect FY 22 $ FY 23 $ Labor Dept. GF - Potential Cost Up to 513,786 Up to 576,010 State Comptroller - Fringe Benefits 1 GF - Potential Cost Up to 210,438 Up to 235,950 Labor Dept. GF- Community Outreach and Workplace Account - Potential Revenue Gain See Below See Below Resources of the General Fund GF - Potential Revenue Gain See Below See Below Note: GF=General Fund Municipal Impact: Municipalities Effect FY 22 $ FY 23 $ Various Municipalities Potential Cost See Below See Below Explanation The bill, which creates a method for a whistleblower to initiate an action in Superior Court to enforce certain employee protections, results in: 1) a potential General Fund cost of up to $724,224 in FY 22 and up to $811,960 in FY 23, 2) a potential revenue gain to the extent 1 The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller. The estimated active employee fringe benefit cost associated with most personnel changes is 41.3% of payroll in FY 22 and FY 23. 2021HB-06475-R000387-FN.DOCX Page 2 of 2 there are violations and associated civil penalties are imposed by a court, 2 and 3) a potential cost to municipalities to the extent that it increases the number of lawsuits to which municipalities are party. 3 The bill requires that 25% of any civil penalties distributed to the state official responsible for enforcing the complaint that was the subject of the public enforcement action be deposited in the community outreach and workplace account and used by the Department of Labor (DOL) to award grants to labor or nonprofit organizations to fund outreach, education, and technical assistance pertaining to employee rights in the workplace. To the extent any such penalties are deposited in the account this results in an annualized cost of up to $811,960 to the DOL associated with establishing a new unit to handle the grant program, including $807,260 in salary and fringe benefit costs for up to 6 positions and $4,700 in associated overhead costs (computers, office supplies, etc.). The unit would need to develop the policies, procedures, eligibility, contracts, method of payment, and reporting and provide ongoing monitoring for the grants. The bill allows aggrieved parties to bring an action before Superior Court over alleged violations, which does not result in any cost impact to the Judicial Department. The court system disposes of over 400,000 cases annually and the number of cases is not anticipated to be great enough to require additional resources. The Out Years The annualized ongoing state cost impact identified above would continue into the future subject to inflation; the ongoing municipal cost and revenue impacts would continue into the future subject to the number of actions initiated and adjudicated. 2 The bill specifies percentages of any penalties recovered to be distributed amongst the relator, the Attorney General, the office of the state official responsible for the enforcement action, and the community outreach and workplace account. 3 Any cost depends on the results of a lawsuit brought against a municipal employer as a result of the bill.