OFFICE OF FISCAL ANALYSIS
Legislative Office Building, Room 5200
Hartford, CT 06106 (860) 240-0200
http://www.cga.ct.gov/ofa
sHB-6619
AN ACT CONCERNING PROHIBITING PAY FOR DELAY.
Primary Analyst: MR 3/29/23
Contributing Analyst(s):
OFA Fiscal Note
State Impact:
Agency Affected Fund-Effect FY 24 $ FY 25 $
Attorney General GF - Potential
Cost
Up to
500,000
Up to
500,000
Attorney General GF - Potential
Revenue Gain
See Below See Below
Note: GF=General Fund
Municipal Impact: None
Explanation
The bill could potentially result in a cost of up to $500,000, beginning
in FY 24, for the Office of the Attorney General (OAG) to retain an
outside consultant to assist the agency in determining when a violation
of the bill's "pay-for-delay" provisions occurs so OAG can file a good
faith complaint with the court. Any costs would depend on the number
of occurrences.
The bill may also result in a revenue gain, since companies that
violate the bill's provisions may be required to pay a civil penalty to the
state in an amount of up to three times the amount of compensation
provided for delayed market entry, or $20 million, whichever is greater.
It is expected that any revenue realized from penalties would be used to
recover any consultant costs incurred in a case.
The Out Years
The annualized ongoing fiscal impact identified above would 2023HB-06619-R000325-FN.docx Page 2 of 2
continue into the future subject to the number of cases that are filed and
any penalties assessed.