OFFICE OF FISCAL ANALYSIS Legislative Office Building, Room 5200 Hartford, CT 06106 (860) 240-0200 http://www.cga.ct.gov/ofa sSB-428 AN ACT CONCERNING BUSINESS REGISTRATIONS FILED WITH THE SECRETARY OF THE STATE. Primary Analyst: TM 4/16/24 Contributing Analyst(s): ME, LG, MM, BP Reviewer: PR OFA Fiscal Note State Impact: Agency Affected Fund-Effect FY 25 $ FY 26 $ Secretary of the State GF - Potential Revenue Gain Minimal Minimal Secretary of the State GF - Cost Approximately 200,000 None Attorney General GF - Potential Cost Significant Significant Judicial Dept. (Probation); Correction, Dept. GF - Potential Cost Minimal Minimal Resources of the General Fund GF - Potential Revenue Gain Minimal Minimal Note: GF=General Fund Municipal Impact: Municipalities Effect FY 25 $ FY 26 $ All Municipalities Revenue Gain Potential Potential Explanation The bill makes various changes in laws that govern certain business entities and results in the costs and revenue gains outlined below. Sections 17-21, requires companies to file an amendment under certain conditions and imposes a $25 fee for doing so, resulting in potential revenue to the Secretary of the State (SOTS). The exact revenue gain will depend on the number of amended filings created by the bill. 2024SB-00428-R000533-FN.DOCX Page 2 of 3 Section 36, requires SOTS to develop an electronic system for filing and searching for trade name certificates. This has a cost of approximately $200,000 to develop and implement. SOTS expects to be able to provide the training necessary for municipalities to utilize the new system within existing resources. Section 39 results in a potential revenue gain to municipalities beginning in FY 25 associated with a $20 fee collected by town clerks for recording trade name renewals, amendments, and cancellation fees. Any revenue gain will depend on the number of filings. Sections 41-43 46 and 47, create a requirement for the Office of the Attorney General to take certain enforcement actions within a designated timeline and results in a potential cost. The cost associated depends on the additional staffing and resources required to meet the provisions of the bill. Section 44 empowers the SOTS to issue interrogatories to LLCs under the Connecticut Uniform Limited Liability Company Act or a statutory trust operating under the Connecticut Trust Act and any of the trustees and results in potential revenue to the Resources of the General Fund. The bill requires compliance in response to interrogatories and imposes a penalty of $500 for any member, manager, trust, or trustees who fail to respond in a manner that is timely, truthful, and complete. The exact revenue created and will depend on the number of violations and penalties imposed. Section 52 expands an existing class D felony for perjury, which results in a potential cost to the Department of Correction and the Judicial Department for incarceration or probation and a potential revenue gain to the General Fund from fines. On average, the marginal cost to the state for incarcerating an offender for the year is $3,300 1 while the average marginal cost for supervision in the community is less than 1 Inmate marginal cost is based on increased consumables (e.g., food, clothing, water, sewage, living supplies, etc.) This does not include a change in staffing costs or utility expenses because these would only be realized if a unit or facility opened. 2024SB-00428-R000533-FN.DOCX Page 3 of 3 $800 2 each year for adults. The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation, the number of violations, and applications completed. 2 Probation marginal cost is based on services provided by private providers and only includes costs that increase with each additional participant. This does not include a cost for additional supervision by a probation officer unless a new offense is anticipated to result in enough additional offenders to require additional probation officers.