SB 363 — AN ACT CONCERNING THE AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL.

Substitute Senate GeneralBill Assembly File No.

443363 JanuaryPublic Session,Act 2021 Substitute Senate Bill No.

36321-128 Senate,AN AprilACT 14,CONCERNING 2021THE TheAUTHORITY CommitteeOF onTHE JudiciaryOFFICE reportedthroughOF SEN.THE ATTORNEY GENERAL.

WINFIELD of the 10th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING THE DUTIES OF THE OFFICE OF THE ATTORNEY GENERAL.

sSB363(c) /In Fileany No.such action, the Attorney General may obtain, for the benefit of a person adversely affected by a violation of section 53a-181j, 53a-181k or 53a-181l of the general statutes, any relief to which such person may be entitled by law, including treble damages;

443a 1civil sSB363penalty FileSubstitute Senate Bill No.

443363 (c)not Into anyexceed suchtwo action,thousand thefive Attorneyhundred Generaldollars, mayper obtain,violation, forprovided thesuch benefit of a person adversely affected by a violation ofhas sectionbeen 53a-181j,established 53a-181k or 53a-181l of the general statutes, any relief to which such person may be entitled by law,clear includingand trebleconvincing damages;evidence;

a civil penalty not to exceed two thousand five hundred dollars, per violation, provided such violation has been established by clear and convincing evidence;

(e) Nothing in this section shall permit the Attorney General to assert any claim against a state agency or a state officer or state employee in such officer's or employee's official capacity, regarding actions or omissions of such state agency, state officer or state employee.

If the Attorney General determines that a state officer or state employee is not entitled to indemnification under section 5-141d of the general statutes, the Attorney General may, as relates to such officer or employee, take any action authorized under this section.

or (2)Public Interferes,Act orNo. attempts to interfere, by threats, intimidation or coercion, with the exercise or enjoyment by other persons of any rights, privileges or immunities secured by the constitutions or laws of this state or the United States.

(b)21-128 In2 conductingof any4 investigationSubstitute underSenate thisBill section, the Attorney General may issue subpoenas and interrogatories, and otherwise gather sSB363 / File No.

443363 2(2) sSB363Interferes, Fileor No.attempts to interfere, by threats, intimidation or coercion, with the exercise or enjoyment by other persons of any rights, privileges or immunities secured by the constitutions or laws of this state or the United States.

443(b) In conducting any investigation under this section, the Attorney General may issue subpoenas and interrogatories, and otherwise gather information, in the same manner and to the same extent as is provided in section 35-42 of the general statutes.

(f)Public NothingAct inNo. this section shall limit the jurisdiction of the Commission on Human Rights and Opportunities under chapter 814c of the general statutes.

21-128 3 of 4 Substitute Senate Bill No.

363 (f) Nothing in this section shall limit the jurisdiction of the Commission on Human Rights and Opportunities under chapter 814c of the general statutes.

(h) Nothing in this section shall permit the Attorney General to bring sSB363an /action Filethat No.would otherwise be barred under the applicable statute of limitations or repose.

443 3 sSB363 File No.

443 an action that would otherwise be barred under the applicable statute of limitations or repose.

This(j) actNothing in this section shall takepermit effectthe asAttorney followsGeneral andto shallassert amendany theclaim followingagainst sections:a state agency or a state officer or state employee in such officer's or employee's official capacity, regarding actions or omissions of such state agency, state officer or state employee.

SectionIf 1the JulyAttorney 1,General 2021determines Newthat a state officer or state employee is not entitled to indemnification under section Sec.5-141d of the general statutes, the Attorney General may, as relates to such officer or employee, take any action authorized under this section.

2Approved July 1,7, 2021 NewPublic sectionAct StatementNo. of Legislative Commissioners:

The21-128 first4 sentence of Section4 2 (i) was rewritten for clarity.

JUD Joint Favorable Subst.

-LCO sSB363 / File No.

443 4 sSB363 File No.

443 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation The bill expands the Attorney General’s powers and allows him to issue subpoenas when conducting investigations.

It also establishes a civil penalty of up to $2,500 for each hate crime or civil rights violation.

This provision is not anticipated to result in a fiscal impact as the majority of cases under the bill are expected to result in a court order opposed to the issuance of monetary penalties.

The Out Years State Impact:

None Municipal Impact:

None sSB363 / File No.

443 5 sSB363 File No.