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sSB399 / File No. 565 1
General Assembly File No. 565
February Session, 2026 Substitute Senate Bill No. 399
Senate, April 9, 2026
The Committee on Judiciary reported through SEN. 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 DISPOSITION OF CASES BEFORE THE
COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (e) of section 46a -83 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective October 2
1, 2026): 3
(e) If the complaint is not resolved after the mandatory mediation 4
conference, the complainant, the respondent or the commission may at 5
any time after such conference and before a draft investigative report is 6
issued request early legal intervention. If a request for early legal 7
intervention is made, a commission legal counsel shall determine not 8
later than ninety days after the date of the request whether the 9
complaint should be (1) heard pursuant to section 46a-84, (2) processed 10
pursuant to subsection (f) of this section, or (3) released from the 11
jurisdiction of the commission. In making such determination, 12
commission legal counsel may hold additional proceedings and may 13
utilize and direct commission staff. If a commission legal counsel 14
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determines that the complaint should be processed pursuant to 15
subsection (f) of this section, the commission legal counsel may 16
recommend that the investigator make a finding of no reasonable cause. 17
The investigator shall make such a finding unless the investigator 18
believes the commission legal counsel made a mistake of fact. If the 19
investigator intends to make a finding of reasonable cause after the 20
commission legal counsel recommends otherwise, the investigator shall 21
consult with the commission legal counsel. 22
Sec. 2. Section 46a -94a of the general statutes is repealed and the 23
following is substituted in lieu thereof (Effective October 1, 2026): 24
(a) The commission, any respondent or any complainant, aggrieved 25
by a final order of a presiding officer, may appeal to the Superior Court 26
in accordance with section 4 -183. Any complainant may appeal to the 27
Superior Court in accordance with section 4 -183 if the complainant is 28
aggrieved by (1) the dismissal of his or her complaint by the commission 29
for failure to attend a mandatory mediation session as provided in 30
subsection (m) of section 46a-83, (2) a finding of no reasonable cause as 31
provided in subsection (g) of section 46a -83, or (3) rejection of 32
reconsideration as provided in subsection (h) of section 46a-83. 33
(b) Notwithstanding the provisions of subsection (a) of this section, a 34
complainant may not appeal the dismissal of his or her complaint if he 35
or she has been granted a release pursuant to section 46a-101. 36
(c) The commission on its own motion may, whenever justice so 37
requires, reopen any [matter] complaint previously closed. [, provided 38
such matter has not been appealed to the Superior Court pursuant to 39
subsection (a) of this section.] Notice of such reopening shall be given to 40
all parties. A complainant or respondent may, for good cause shown, in 41
the interest of justice, apply in writing for the reopening of a previously 42
closed proceeding, provided such application is filed with the executive 43
director of the commission within two years of the [commission’s] 44
commission's final decision and the complainant has not (1) [not] been 45
issued a release of jurisdiction pursuant to section 46a-83a, as amended 46
by this act, and filed a civil action ; [, or] (2) requested and received a 47
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release of jurisdiction from the commission pursuant to section 46a-101; 48
(3) been issued a release of jurisdiction pursuant to subsection (c) of 49
section 46a-83 and filed a civil action; (4) been issued a final decision at 50
the commission's office of public hearings; or (5) appealed the final 51
agency decision to the Superior Court. 52
(d) The standards for reopening a [matter may include, but are not 53
limited to] complaint are as follows: (1) A material mistake of fact or law 54
has occurred; (2) the finding is arbitrary or capricious; (3) the finding is 55
clearly erroneous in view of the reliable, probative and substantial 56
evidence on the whole record; [and] or (4) new evidence has been 57
discovered which materially affects the merits of the case and which, for 58
good reasons, was not presented during the investigation. 59
Sec. 3. Subsection (c) of section 46a -55 of the general statutes is 60
repealed and the following is substituted in lieu thereof (Effective October 61
1, 2026): 62
(c) The executive director may, within available appropriations, 63
assign a commission legal counsel to bring a civil action concerning an 64
alleged discriminatory practice, in accordance with this subsection, in 65
lieu of an administrative hearing pursuant to section 46a -84, when the 66
executive director determines that a civil action is in the public interest 67
and if the parties to the administrative hearing mutually agree, in 68
writing, to the bringing of such civil action by commission legal counsel. 69
The commission legal counsel shall bring such a civil action in the 70
Superior Court not later than ninety days following the date the 71
commission legal counsel notifies the parties of the executive director's 72
determination. Such civil action may be served by certified mail and 73
shall not be subject to the provisions of section 46a-100 [,] or 46a-101. [or 74
46a-102.] The jurisdiction of the Superior Court in an action brought 75
under this subsection shall be limited to such claims, counterclaims, 76
defenses or the like that could be presented at an administrative hearing 77
before the commission, had the complaint remained with the 78
commission for disposition. A complainant may intervene as a matter 79
of right without permission of the court or the parties. The civil action 80
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shall be tried to the court without a jury. If the commission legal counsel 81
determines that the interests of the state will not be adversely affected, 82
the complainant or attorney for the complainant shall present all or part 83
of the case in support of the complaint. The court may grant any relief 84
available under section 46a -104. Where the Superior Court finds that a 85
respondent has committed a discriminatory practice, the court shall 86
grant the commission its fees and costs and award the commission a 87
civil penalty, not exceeding ten thousand dollars, provided such 88
discriminatory practice has been established by clear and convincing 89
evidence, which shall be payable to the commission and used by the 90
commission to advance the public interest in eliminating discrimination. 91
Sec. 4. Subsection (b) of section 46a -82b of the general statutes is 92
repealed and the following is substituted in lieu thereof (Effective October 93
1, 2026): 94
(b) If the commission fails to issue a determination of reasonable 95
cause or no reasonable cause on any such complaint not later than 96
January 1, 1997, the executive director of the commission shall issue 97
forthwith a release of the complaint from the commission, allowing the 98
complainant to bring a civil action. Upon receipt of a release pursuant 99
to this section, the complainant may bring a civil action in accordance 100
with the provisions of sections 46a-100, 46a-101, 46a-103 and 46a-104. [, 101
notwithstanding the statute of limitations pursuant to section 46a-102.] 102
Sec. 5. Section 46a -83a of the general statutes is repealed and the 103
following is substituted in lieu thereof (Effective October 1, 2026): 104
If a complaint is dismissed for failure to accept full relief pursuant to 105
subsection (m) of section 46a-83, and the complainant does not request 106
reconsideration of such dismissal as provided in subsection (h) of 107
section 46a-83, the executive director shall issue a release of jurisdiction 108
and the complainant may, within ninety days of receipt of the release 109
from the commission, bring an action in accordance with sections 46a -110
100, [and 46a-102 to 46a-104, inclusive] 46a-103 and 46a-104. 111
Sec. 6. Section 46a -102 of the general statutes is repealed. ( Effective 112
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October 1, 2026) 113
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2026 46a-83(e)
Sec. 2 October 1, 2026 46a-94a
Sec. 3 October 1, 2026 46a-55(c)
Sec. 4 October 1, 2026 46a-82b(b)
Sec. 5 October 1, 2026 46a-83a
Sec. 6 October 1, 2026 Repealer section
Statement of Legislative Commissioners:
In Section 2(d), "matter" was bracketed and replaced with " complaint"
for internal consistency.
JUD Joint Favorable Subst.
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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 alters current procedure for matters before the Commission
on Human Rights and Opportunities (CHRO) to: (1) limit when parties
may request early legal intervention or reopen a previously closed
complaint; (2) expand CHRO's ability to reopen compla ints; and (3)
replaces the existing statute of limitations for civil action with a
requirement that complaints be brought to a Superior Court within 90
days of receiving a release of jurisdiction from CHRO. These procedural
changes result in no fiscal impact to the state or municipalities.
The Out Years
State Impact: None
Municipal Impact: None
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OLR Bill Analysis
sSB 399
AN ACT CONCERNING THE DISPOSITION OF CASES BEFORE THE
COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES.
SUMMARY
This bill makes the following changes to the procedure for matters
before the Commission on Human Rights and Opportunities (CHRO) ,
which investigates complaints of discriminatory practices and enforces
state human rights laws:
1. limiting when the parties (complainants and respondents) or
CHRO may request early legal intervention after the mandatory
mediation conference by requiring that it occur before there is an
issued draft investigative report (§ 1);
2. limiting when the parties may reopen a previously closed
complaint, but expanding CHRO’s ability to do this, and setting
the standards for reopening a matter (§ 2); and
3. eliminating the two -year statute of limitations after filing a
complaint with CHRO to bring an action in Superior Court for an
alleged violation, instead requiring that it be done within the 90
days after receiving a release of jurisdiction from CHRO to bring
the action (§§ 3-6).
The bill also makes technical and conforming changes.
EFFECTIVE DATE: October 1, 2026
EARLY LEGAL INTERVENTION
By law, either party or CHRO may request early legal intervention
for complaints that are unresolved after the mandatory mediation
conference. Currently, they may do so at any time after the conference.
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The bill limits when the request may be made by requiring it before a
draft investigative report is issued about the complaint.
Early legal intervention involves a determination of whether a
complaint should be sent directly to public hearing, given a release of
jurisdiction so that the matter can be pursued in court, or processed for
investigation under the usual procedure.
REOPENING MATTERS
By law, a party to a matter can ask CHRO to reopen a case but must
apply to do this within two years of CHRO’s final decision in the matter.
To reopen a case under current law, in addition to filing within the
statute of limitations, the complainant must not have (1) received a
release of jurisdiction for failing to accept full relief and filed a civil
action or (2) asked for and received a rel ease of jurisdiction that would
enable suit in court. Under the bill, the complainant must also not have
(1) received a release of jurisdiction after a case assessment review
(which determines if a matter should move forward) and filed a civil
action, (2) received a final decision at CHRO’s Office of Public Hearings,
or (3) appealed the final decision to Superior Court.
The bill additionally sets the standards for reopening a matter to
include only the following listed reasons, which under current law is a
nonexclusive list, thus allowing for other standards:
1. a material mistake of fact or law;
2. an arbitrary or capricious finding;
3. a clearly erroneous finding, based on the whole record’s reliable,
probative, and substantial evidence; and
4. new discovered evidence that materially affects the case’s merits
and was not presented during the investigation for good reasons.
Lastly, existing law allows CHRO to reopen a complaint on its own
motion if justice requires it. But it cannot currently do this if the matter
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was appealed to Superior Court after a presiding officer’s final order.
The bill eliminates this restriction, and so allows CHRO to reopen any
complaint.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 30 Nay 11 (03/23/2026)