PA 08-45—sHB 5904

Human Services Committee

Judiciary Committee

AN ACT CONCERNING RECOVERY EXCEPTIONS FOR PUBLIC ACCOMMODATION DISCRIMINATION SETTLEMENTS AND AWARDS

SUMMARY: This act prohibits the state from claiming or applying a lien against any money received as a settlement or award in a public accommodation discrimination case by people who have been supported wholly or in part by the state in a humane institution. Such discrimination could include being barred from a public place based on race, religion, or gender. The law defines these institutions as a state mental hospital, community mental health center, treatment facility for children and adolescents, or any other facility or program administered by the departments of Mental Health and Addiction Services, Developmental Services (successor to the Department of Mental Retardation), or Children and Families.

The prohibition also applies to claims or liens against individuals who received assistance from the State Supplement, Medicaid, Temporary Family Assistance (TFA), Aid to Families with Dependent Children (replaced by TFA in 1997), and State-Administered General Assistance programs.

The act provides for a similar prohibition in the law governing towns' ability to recover assistance provided to residents (former town-administered General Assistance recipients). The state took over that program in 1997, but towns can still recover benefits paid in certain circumstances.

The prohibition already applied to settlements and awards in housing and employment discrimination cases.

EFFECTIVE DATE: October 1, 2008

OLR Tracking: RC: KM: PF: dw