Connecticut 2021 Regular Session

Connecticut Senate Bill SB00363 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 363
	8	+	January Session, 2021
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3	11
4		-	Substitute Senate Bill No. 363
5		-
6		-	Public Act No. 21-128
7		-
8		-
9		-	AN ACT CONCERNING THE AUTHORITY OF THE OFFICE OF THE
	12	+	AN ACT CONCERNING TH E DUTIES OF THE OFFICE OF THE
10	13		ATTORNEY GENERAL.
11	14		Be it enacted by the Senate and House of Representatives in General
12	15		Assembly convened:
13	16
14		-	Section 1. (NEW) (Effective July 1, 2021) (a) The Attorney General may
15		-	investigate the facts and circumstances concerning any alleged violation
16		-	of section 53a-181j, 53a-181k or 53a-181l of the general statutes, and in
17		-	connection with such investigation, issue subpoenas and written
18		-	interrogatories in the same manner and to the same extent as is provided
19		-	in section 35-42 of the general statutes. No information obtained
20		-	pursuant to the provisions of this subsection may be used in a criminal
21		-	proceeding.
22		-	(b) If the Attorney General finds that a person has committed an act
23		-	that constitutes a violation of section 53a-181j, 53a-181k or 53a-181l of
24		-	the general statutes, the Attorney General may bring a civil action in the
25		-	superior court for the judicial district in which such act occurred in the
26		-	name of the state against such person.
27		-	(c) In any such action, the Attorney General may obtain, for the
28		-	benefit of a person adversely affected by a violation of section 53a-181j,
29		-	53a-181k or 53a-181l of the general statutes, any relief to which such
30		-	person may be entitled by law, including treble damages; a civil penalty Substitute Senate Bill No. 363
	17	+	Section 1. (NEW) (Effective July 1, 2021) (a) The Attorney General may 1
	18	+	investigate the facts and circumstances concerning any alleged violation 2
	19	+	of section 53a-181j, 53a-181k or 53a-181l of the general statutes, and in 3
	20	+	connection with such investigation, issue subpoenas and written 4
	21	+	interrogatories in the same manner and to the same extent as is provided 5
	22	+	in section 35-42 of the general statutes. No information obtained 6
	23	+	pursuant to the provisions of this subsection may be used in a criminal 7
	24	+	proceeding. 8
	25	+	(b) If the Attorney General finds that a person has committed an act 9
	26	+	that constitutes a violation of section 53a-181j, 53a-181k or 53a-181l of 10
	27	+	the general statutes, the Attorney General may bring a civil action in the 11
	28	+	superior court for the judicial district in which such act occurred in the 12
	29	+	name of the state against such person. 13
	30	+	(c) In any such action, the Attorney General may obtain, for the 14
	31	+	benefit of a person adversely affected by a violation of section 53a-181j, 15
	32	+	53a-181k or 53a-181l of the general statutes, any relief to which such 16
	33	+	person may be entitled by law, including treble damages; a civil penalty 17
	34	+	not to exceed two thousand five hundred dollars, per violation, 18 Substitute Bill No. 363
31	35
32		-	Public Act No. 21-128 2 of 4
33	36
34		-	not to exceed two thousand five hundred dollars, per violation,
35		-	provided such violation has been established by clear and convincing
36		-	evidence; and declaratory, injunctive or equitable relief that the
37		-	Attorney General determines is necessary to vindicate the public's
38		-	interests. Any civil penalty that is received pursuant to this subsection
39		-	shall be deposited in the General Fund.
40		-	(d) Nothing in this section shall limit the right of a person adversely
41		-	affected by a violation of section 53a-181j, 53a-181k or 53a-181l of the
42		-	general statutes to bring an action under section 52-571c of the general
43		-	statutes or any other law that may entitle such person to relief, except
44		-	that the Attorney General shall not bring an action under the provisions
45		-	of this section during the pendency of a matter involving the same
46		-	parties and the same alleged facts and circumstances before the
47		-	Commission on Human Rights and Opportunities.
48		-	(e) Nothing in this section shall permit the Attorney General to assert
49		-	any claim against a state agency or a state officer or state employee in
50		-	such officer's or employee's official capacity, regarding actions or
51		-	omissions of such state agency, state officer or state employee. If the
52		-	Attorney General determines that a state officer or state employee is not
53		-	entitled to indemnification under section 5-141d of the general statutes,
54		-	the Attorney General may, as relates to such officer or employee, take
55		-	any action authorized under this section.
56		-	Sec. 2. (NEW) (Effective July 1, 2021) (a) The Attorney General may
57		-	investigate, intervene in or bring a civil or administrative action in the
58		-	name of the state, seeking injunctive or declaratory relief, damages, and
59		-	any other relief that may be available under law, whenever any person
60		-	is or has engaged in a practice or pattern of conduct that:
61		-	(1) Subjects, or causes to be subjected, other persons to the
62		-	deprivation of any rights, privileges or immunities secured by the
63		-	constitutions or laws of this state or the United States; or Substitute Senate Bill No. 363
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65		-	Public Act No. 21-128 3 of 4
	41	+	provided such violation has been established by clear and convincing 19
	42	+	evidence; and declaratory, injunctive or equitable relief that the 20
	43	+	Attorney General determines is necessary to vindicate the public's 21
	44	+	interests. Any civil penalty that is received pursuant to this subsection 22
	45	+	shall be deposited in the General Fund. 23
	46	+	(d) Nothing in this section shall limit the right of a person adversely 24
	47	+	affected by a violation of section 53a-181j, 53a-181k or 53a-181l of the 25
	48	+	general statutes to bring an action under section 52-571c of the general 26
	49	+	statutes or any other law that may entitle such person to relief, except 27
	50	+	that the Attorney General shall not bring an action under the provisions 28
	51	+	of this section during the pendency of a matter involving the same 29
	52	+	parties and the same alleged facts and circumstances before the 30
	53	+	Commission on Human Rights and Opportunities. 31
	54	+	Sec. 2. (NEW) (Effective July 1, 2021) (a) The Attorney General may 32
	55	+	investigate, intervene in or bring a civil or administrative action in the 33
	56	+	name of the state, seeking injunctive or declaratory relief, damages, and 34
	57	+	any other relief that may be available under law, whenever any person 35
	58	+	is or has engaged in a practice or pattern of conduct that: 36
	59	+	(1) Subjects, or causes to be subjected, other persons to the 37
	60	+	deprivation of any rights, privileges or immunities secured by the 38
	61	+	constitutions or laws of this state or the United States; or 39
	62	+	(2) Interferes, or attempts to interfere, by threats, intimidation or 40
	63	+	coercion, with the exercise or enjoyment by other persons of any rights, 41
	64	+	privileges or immunities secured by the constitutions or laws of this 42
	65	+	state or the United States. 43
	66	+	(b) In conducting any investigation under this section, the Attorney 44
	67	+	General may issue subpoenas and interrogatories, and otherwise gather 45
	68	+	information, in the same manner and to the same extent as is provided 46
	69	+	in section 35-42 of the general statutes. No information obtained 47
	70	+	pursuant to the provisions of this subsection may be used in a criminal 48
	71	+	proceeding. 49 Substitute Bill No. 363
66	72
67		-	(2) Interferes, or attempts to interfere, by threats, intimidation or
68		-	coercion, with the exercise or enjoyment by other persons of any rights,
69		-	privileges or immunities secured by the constitutions or laws of this
70		-	state or the United States.
71		-	(b) In conducting any investigation under this section, the Attorney
72		-	General may issue subpoenas and interrogatories, and otherwise gather
73		-	information, in the same manner and to the same extent as is provided
74		-	in section 35-42 of the general statutes. No information obtained
75		-	pursuant to the provisions of this subsection may be used in a criminal
76		-	proceeding.
77		-	(c) If the Attorney General prevails in a civil action brought pursuant
78		-	to this section, the court shall order the distribution of any award of
79		-	damages to the injured person. In a matter involving the interference or
80		-	attempted interference with any right protected by the constitutions of
81		-	this state or the United States, the court may also award civil penalties
82		-	against each defendant in an amount not exceeding two thousand five
83		-	hundred dollars for each violation, provided such violation has been
84		-	established by clear and convincing evidence. Any civil penalty that is
85		-	received pursuant to this subsection shall be deposited in the General
86		-	Fund.
87		-	(d) In lieu of bringing a civil action under this section, the Attorney
88		-	General may accept an assurance of the discontinuance of any allegedly
89		-	unlawful or unconstitutional practice from any person engaged in such
90		-	practice. Thereafter, any evidence of a violation of such assurance shall
91		-	constitute prima facie proof of violation of the applicable law or right in
92		-	any action commenced by the Attorney General.
93		-	(e) Nothing in this section shall limit the right of a person adversely
94		-	affected by a violation of chapter 814c of the general statutes to file a
95		-	complaint with the Commission on Human Rights and Opportunities. Substitute Senate Bill No. 363
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97		-	Public Act No. 21-128 4 of 4
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99		-	(f) Nothing in this section shall limit the jurisdiction of the
100		-	Commission on Human Rights and Opportunities under chapter 814c
101		-	of the general statutes.
102		-	(g) The Attorney General shall not bring an action under the
103		-	provisions of this section during the pendency of a matter involving the
104		-	same parties and the same alleged facts and circumstances before the
105		-	Commission on Human Rights and Opportunities.
106		-	(h) Nothing in this section shall permit the Attorney General to bring
107		-	an action that would otherwise be barred under the applicable statute
108		-	of limitations or repose.
109		-	(i) The Attorney General shall post on the Attorney General's Internet
110		-	web site information on how to properly file a complaint with the
111		-	Commission on Human Rights and Opportunities. The Attorney
112		-	General may, as appropriate, refer cases to the Commission on Human
113		-	Rights and Opportunities.
114		-	(j) Nothing in this section shall permit the Attorney General to assert
115		-	any claim against a state agency or a state officer or state employee in
116		-	such officer's or employee's official capacity, regarding actions or
117		-	omissions of such state agency, state officer or state employee. If the
118		-	Attorney General determines that a state officer or state employee is not
119		-	entitled to indemnification under section 5-141d of the general statutes,
120		-	the Attorney General may, as relates to such officer or employee, take
121		-	any action authorized under this section.
	78	+	(c) If the Attorney General prevails in a civil action brought pursuant 50
	79	+	to this section, the court shall order the distribution of any award of 51
	80	+	damages to the injured person. In a matter involving the interference or 52
	81	+	attempted interference with any right protected by the constitutions of 53
	82	+	this state or the United States, the court may also award civil penalties 54
	83	+	against each defendant in an amount not exceeding two thousand five 55
	84	+	hundred dollars for each violation, provided such violation has been 56
	85	+	established by clear and convincing evidence. Any civil penalty that is 57
	86	+	received pursuant to this subsection shall be deposited in the General 58
	87	+	Fund. 59
	88	+	(d) In lieu of bringing a civil action under this section, the Attorney 60
	89	+	General may accept an assurance of the discontinuance of any allegedly 61
	90	+	unlawful or unconstitutional practice from any person engaged in such 62
	91	+	practice. Thereafter, any evidence of a violation of such assurance shall 63
	92	+	constitute prima facie proof of violation of the applicable law or right in 64
	93	+	any action commenced by the Attorney General. 65
	94	+	(e) Nothing in this section shall limit the right of a person adversely 66
	95	+	affected by a violation of chapter 814c of the general statutes to file a 67
	96	+	complaint with the Commission on Human Rights and Opportunities. 68
	97	+	(f) Nothing in this section shall limit the jurisdiction of the 69
	98	+	Commission on Human Rights and Opportunities under chapter 814c 70
	99	+	of the general statutes. 71
	100	+	(g) The Attorney General shall not bring an action under the 72
	101	+	provisions of this section during the pendency of a matter involving the 73
	102	+	same parties and the same alleged facts and circumstances before the 74
	103	+	Commission on Human Rights and Opportunities. 75
	104	+	(h) Nothing in this section shall permit the Attorney General to bring 76
	105	+	an action that would otherwise be barred under the applicable statute 77
	106	+	of limitations or repose. 78
	107	+	(i) The Attorney General shall post on the Attorney General's Internet 79
	108	+	web site information on how to properly file a complaint with the 80 Substitute Bill No. 363
	109	+
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	114	+
	115	+	Commission on Human Rights and Opportunities. The Attorney 81
	116	+	General may, as appropriate, refer cases to the Commission on Human 82
	117	+	Rights and Opportunities. 83
	118	+	This act shall take effect as follows and shall amend the following
	119	+	sections:
	120	+
	121	+	Section 1 July 1, 2021 New section
	122	+	Sec. 2 July 1, 2021 New section
	123	+
	124	+	Statement of Legislative Commissioners:
	125	+	The first sentence of Section 2 (i) was rewritten for clarity.
	126	+
	127	+	JUD Joint Favorable Subst. -LCO
122	128