Connecticut 2020 Regular Session

Connecticut House Bill HB05384 Compare Versions

Only one version of the bill is available at this time.
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55 General Assembly Raised Bill No. 5384
66 February Session, 2020
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1010 Referred to Committee on LABOR AND PUBLIC EMPLOYEES
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1919 AN ACT MAKING MINOR AND TECHNICAL CHANGE S TO LABOR
2020 DEPARTMENT STATUTES.
2121 Be it enacted by the Senate and House of Representatives in General
2222 Assembly convened:
2323
2424 Section 1. Section 10-95h of the general statutes is repealed and the 1
2525 following is substituted in lieu thereof (Effective from passage): 2
2626 (a) Not later than November thirtieth each year, the joint standing 3
2727 committees of the General Assembly having cognizance of matters 4
2828 relating to education, higher education and employment advancement 5
2929 and labor shall meet with the chairperson of the Technical Education 6
3030 and Career System board and the superintendent of the Technical 7
3131 Education and Career System, the Labor Commissioner and such other 8
3232 persons as they deem appropriate to consider the items submitted 9
3333 pursuant to subsection (b) of this section. 10
3434 (b) On or before November fifteenth, annually: 11
3535 (1) The Labor Commissioner shall submit the following to the joint 12
3636 standing committees of the General Assembly having cognizance of 13
3737 matters relating to education, higher education and employment 14
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4444 advancement and labor: (A) Information identifying general economic 15
4545 trends in the state; (B) occupational information regarding the public 16
4646 and private sectors, such as continuous data on occupational 17
4747 movements; and (C) information identifying emerging regional, state 18
4848 and national workforce needs over the next [thirty] ten years. 19
4949 (2) The superintendent of the Technical Education and Career System 20
5050 shall submit the following to the joint standing committees of the 21
5151 General Assembly having cognizance of matters relating to education, 22
5252 higher education and employment advancement and labor: (A) 23
5353 Information ensuring that the curriculum of the Technical Education 24
5454 and Career System is incorporating those workforce skills that will be 25
5555 needed for the next [thirty] ten years, as identified by the Labor 26
5656 Commissioner in subdivision (1) of this subsection, into the technical 27
5757 education and career schools; (B) information regarding the 28
5858 employment status of students who graduate from or complete an 29
5959 approved program of study at the Technical Education and Career 30
6060 System, including, but not limited to: (i) Demographics such as age and 31
6161 gender, (ii) course and program enrollment and completion, (iii) 32
6262 employment status, and (iv) wages prior to enrolling and after 33
6363 graduating; (C) an assessment of the adequacy of the resources available 34
6464 to the Technical Education and Career System as the system develops 35
6565 and refines programs to meet existing and emerging workforce needs; 36
6666 (D) recommendations to the Technical Education and Career System 37
6767 board to carry out the provisions of subparagraphs (A) to (C), inclusive, 38
6868 of this subdivision; (E) information regarding staffing at each technical 39
6969 education and career school for the current academic year; and (F) 40
7070 information regarding the transition process of the Technical Education 41
7171 and Career System as an independent agency, including, but not limited 42
7272 to, the actions taken by the Technical Education and Career System 43
7373 board and the superintendent to create a budget process and maintain 44
7474 programmatic consistency for students enrolled in the technical 45
7575 education and career system. The superintendent shall collaborate with 46
7676 the Labor Commissioner to obtain information as needed to carry out 47
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8383 the provisions of this subsection. 48
8484 Sec. 2. Section 31-3b of the general statutes is repealed and the 49
8585 following is substituted in lieu thereof (Effective from passage): 50
8686 [(a) The Labor Commissioner shall appoint a job training coordinator 51
8787 who shall develop and implement innovative programs which will 52
8888 provide (1) job training for (A) workers who are needed by industries 53
8989 planning to locate in Connecticut or by industries located in this state, 54
9090 (B) unskilled entry level workers, (C) workers in need of retraining due 55
9191 to the obsolescence of their skills and (D) workers who need skill 56
9292 training to qualify for advancement, (2) an incentive for the 57
9393 establishment of apprenticeship programs in selected occupations; 58
9494 provided no program shall be developed for occupations where prior 59
9595 skill or training is not typically a prerequisite to hiring, and (3) work 60
9696 training opportunities and placement of the chronically unemployed 61
9797 under section 31-3d. 62
9898 (b) The Labor Commissioner is authorized to establish an interagency 63
9999 program coordinating committee to coordinate the application of all 64
100100 available resources for the purposes of this section. Said committee shall 65
101101 consist of representatives of various employment and training agencies 66
102102 within the Labor Department and representatives of the Department of 67
103103 Education and the Department of Economic and Community 68
104104 Development.] 69
105105 [(c)] (a) The Labor Commissioner may contract with any public or 70
106106 private agency for educational and job training services. 71
107107 [(d)] (b) The Labor Commissioner may accept and receive funds from 72
108108 any public or private source which become available for the purposes of 73
109109 this section and section 31-3d. 74
110110 Sec. 3. Section 31-3h of the general statutes is repealed and the 75
111111 following is substituted in lieu thereof (Effective from passage): 76
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118118 (a) There is created, within the Labor Department, the Connecticut 77
119119 Employment and Training Commission. 78
120120 (b) The duties and responsibilities of the commission shall include: 79
121121 (1) Carrying out the duties and responsibilities of a state [job training 80
122122 coordinating council] workforce development board pursuant to the 81
123123 federal [Job Training Partnership Act, 29 USC 1532] Workforce 82
124124 Innovation and Opportunity Act, 29 USC 3101, et seq., as amended from 83
125125 time to time, [a state human resource investment council pursuant to 29 84
126126 USC 1501 et seq., as amended from time to time,] and such other related 85
127127 entities as the Governor may direct; 86
128128 (2) Reviewing all employment and training programs in the state to 87
129129 determine their success in leading to and obtaining the goal of economic 88
130130 self-sufficiency and to determine if such programs are serving the needs 89
131131 of Connecticut's workers, employers and economy; 90
132132 (3) Reviewing and commenting on all employment and training 91
133133 programs enacted by the General Assembly; 92
134134 (4) Implementing the federal Workforce Innovation and Opportunity 93
135135 Act of 2014, P.L. 113-128, as amended from time to time. Such 94
136136 implementation shall include (A) developing, in consultation with the 95
137137 regional workforce development boards, a single Connecticut 96
138138 workforce development plan that (i) complies with the provisions of 97
139139 said act and section 31-11p, and (ii) includes comprehensive state 98
140140 performance measures for workforce development activities specified 99
141141 in Title I of the federal Workforce Innovation and Opportunity Act of 100
142142 2014, P.L. 113-128, as amended from time to time, which performance 101
143143 measures comply with the requirements of 20 CFR Part 666.100, (B) 102
144144 making recommendations to the General Assembly concerning the 103
145145 allocation of funds received by the state under said act and making 104
146146 recommendations to the regional workforce development boards 105
147147 concerning the use of formulas in allocating such funds to adult 106
148148 employment and job training activities and youth activities, as specified 107
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155155 in said act, (C) providing oversight and coordination of the state-wide 108
156156 employment statistics system required by said act, (D) as appropriate, 109
157157 recommending to the Governor that the Governor apply for workforce 110
158158 flexibility plans and waiver authority under said act, after consultation 111
159159 with the regional workforce development boards, (E) developing 112
160160 performance criteria for regional workforce development boards to 113
161161 utilize in creating a list of eligible providers, and (F) on or before 114
162162 December 31, 1999, developing a uniform individual training accounts 115
163163 voucher system that shall be used by the regional workforce 116
164164 development boards to pay for training of eligible workers by eligible 117
165165 providers, as required under said act; 118
166166 (5) Developing and overseeing a plan for the co ntinuous 119
167167 improvement of the regional workforce development boards 120
168168 established pursuant to section 31-3k, as amended by this act; 121
169169 (6) Developing incumbent worker, and vocational and manpower 122
170170 training programs, including customized job training programs to 123
171171 enhance the productivity of Connecticut businesses and to increase the 124
172172 skills and earnings of underemployed and at-risk workers, and other 125
173173 programs administered by the regional workforce development boards. 126
174174 The Labor Department, in collaboration with the regional workforce 127
175175 development boards, shall implement any incumbent worker and 128
176176 customized job training programs developed by the commission 129
177177 pursuant to this subdivision; and 130
178178 (7) Developing a strategy for providing comprehensive services to 131
179179 eligible youths, which strategy shall include developing youth 132
180180 preapprentice and apprentice programs through, but not limited to, 133
181181 technical education and career schools, and improving linkages 134
182182 between academic and occupational learning and other youth 135
183183 development activities. [; and 136
184184 (8) Coordinating an electronic state hiring campaign to encourage the 137
185185 reemployment of workers fifty years of age or older to be administered 138
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192192 through the Labor Department's Internet web site, which shall include 139
193193 testimony from various employers that demonstrates the value of hiring 140
194194 and retaining workers fifty years of age or older. Not later than January 141
195195 1, 2015, the commission shall submit a report, in accordance with section 142
196196 11-4a, to the joint standing committee of the General Assembly having 143
197197 cognizance of matters relating to labor on the status of such campaign.] 144
198198 Sec. 4. Section 31-3j of the general statutes is repealed and the 145
199199 following is substituted in lieu thereof (Effective from passage): 146
200200 As used in sections 31-3j to 31-3r, inclusive, as amended by this act: 147
201201 (1) "Board" means a regional work force development board 148
202202 established under section 31-3k, as amended by this act; 149
203203 (2) "Commission" means the Connecticut Employment and Training 150
204204 Commission created under section 31-3h, as amended by this act; 151
205205 (3) "Commissioner" means the Labor Commissioner; 152
206206 (4) ["Job Training Partnership Act"] "Workforce Innovation and 153
207207 Opportunity Act" means the federal [Job Training Partnership Act, 29 154
208208 USC 1501] Workforce Innovation and Opportunity Act, 29 USC 3101, et 155
209209 seq., as from time to time amended; 156
210210 (5) "Municipality" means a town, city, borough, consolidated town 157
211211 and city or consolidated town and borough; 158
212212 (6) "Work force development region" or "region" means an area 159
213213 designated as a service delivery area in accordance with the provisions 160
214214 of the [Job Training Partnership Act] Workforce Innovation and 161
215215 Opportunity Act. 162
216216 Sec. 5. Section 31-3k of the general statutes is repealed and the 163
217217 following is substituted in lieu thereof (Effective from passage): 164
218218 (a) There is established within the Labor Department a regional work 165
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225225 force development board for each work force development region in the 166
226226 state. Each board shall assess the needs and priorities for investing in 167
227227 the development of human resources within the region and shall 168
228228 coordinate a broad range of employment, education, training and 169
229229 related services that shall be focused on client-centered, lifelong 170
230230 learning and shall be responsive to the needs of local business, industry, 171
231231 the region, its municipalities and its citizens. 172
232232 (b) Each board, within its region, shall: 173
233233 (1) Carry out the duties and responsibilities of a [private industry 174
234234 council under the Job Training Partnership Act, provided the private 175
235235 industry council within the region elects by a vote of its members to 176
236236 become a board and the Labor Commissioner approves the council as a 177
237237 regional work force development board] workforce development board 178
238238 pursuant to the Workforce Innovation and Opportunity Act. 179
239239 (2) Within existing resources and consistent with the state 180
240240 employment and training information system and any guidelines issued 181
241241 by the commissioner under subsection (b) of section 31-2, (A) assess 182
242242 regional needs and identify regional priorities for employment and 183
243243 training programs, including, but not limited to, an assessment of the 184
244244 special employment needs of unskilled and low-skilled unemployed 185
245245 persons, including persons receiving state-administered general 186
246246 assistance or short-term unemployment assistance, (B) conduct 187
247247 planning for regional employment and training programs, (C) 188
248248 coordinate such programs to ensure that the programs respond to the 189
249249 needs of labor, business and industry, municipalities within the region, 190
250250 the region as a whole, and all of its citizens, (D) serve as a clearinghouse 191
251251 for information on all employment and training programs in the region, 192
252252 (E) prepare and submit an annual plan containing the board's priorities 193
253253 and goals for regional employment and training programs to the 194
254254 commissioner and the commission for their review and approval, (F) 195
255255 review grant proposals and plans submitted to state agencies for 196
256256 employment and training programs that directly affect the region to 197
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263263 determine whether such proposals and plans are consistent with the 198
264264 annual regional plan prepared under subparagraph (E) of this 199
265265 subdivision and inform the commission and each state agency 200
266266 concerned of the results of the review, (G) evaluate the effectiveness of 201
267267 employment and training programs within the region in meeting the 202
268268 goals contained in the annual regional plan prepared under 203
269269 subparagraph (E) of this subdivision and report its findings to the 204
270270 commissioner and the commission on an annual basis, (H) ensure the 205
271271 effective use of available employment and training resources in the 206
272272 region, and (I) allocate funds where applicable for program operations 207
273273 in the region. 208
274274 (3) Provide information to the commissioner concerning (A) all 209
275275 employment and training programs, grants or funds to be effective or 210
276276 available in the region in the following program year, (B) the source and 211
277277 purpose of such programs, grants or funds, (C) the projected amount of 212
278278 such programs, grants or funds, (D) persons, organizations and 213
279279 institutions eligible to participate in such programs or receive such 214
280280 grants or funds, (E) characteristics of clients eligible to receive services 215
281281 pursuant to such programs, grants or funds, (F) the range of services 216
282282 available pursuant to such programs, grants or funds, (G) goals of such 217
283283 programs, grants or funds, (H) where applicable, schedules for 218
284284 submitting requests for proposals, planning instructions, proposals and 219
285285 plans, in connection with such programs, grants or funds, (I) the 220
286286 program period for such programs, grants or funds, and (J) any other 221
287287 data relating to such programs, grants or funds that the commissioner 222
288288 or the commission deems essential for effective state planning. 223
289289 (4) Carry out the duties and responsibilities of the local board for 224
290290 purposes of the federal Workforce Innovation and Opportunity Act. [of 225
291291 2014, P.L. 113-128, as from time to time amended. 226
292292 (5) Establish a worker training education committee comprised of 227
293293 persons from the education and business communities within the 228
294294 region, including, but not limited to, regional community-technical 229
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301301 colleges and technical education and career schools.] 230
302302 (c) Each board shall make use of grants or contracts with appropriate 231
303303 service providers to furnish all program services under sections 31-3j to 232
304304 31-3r, inclusive, as amended by this act, unless the commission concurs 233
305305 with the board that direct provision of a service by the board is 234
306306 necessary to assure adequate availability of the service or that a service 235
307307 of comparable quality can be provided more economically by the board. 236
308308 Any board seeking to provide services directly shall include in the 237
309309 annual regional plan submitted to the commissioner and the 238
310310 commission under subparagraph (E) of subdivision (2) of subsection (b) 239
311311 of this section its plan to provide services directly and appropriate 240
312312 justification for the need to do so. When the decision to provide services 241
313313 directly must be made between annual planning cycles, the board shall 242
314314 submit to the commissioner and the commission a plan of service and 243
315315 appropriate justification for the need to provide services directly. Such 244
316316 plan of service shall be subject to review and approval by the 245
317317 commission. 246
318318 (d) On October 1, 2002, and annually thereafter, each board shall 247
319319 submit to the Labor Department comprehensive performance measures 248
320320 detailing the results of any education, employment or job training 249
321321 program or activity funded by moneys allocated to the board, including, 250
322322 but not limited to, programs and activities specified in the federal 251
323323 Workforce Innovation and Opportunity Act of 2014, P.L. 113-128, as 252
324324 from time to time amended. Such performance measures shall include, 253
325325 but shall not be limited to, the identity and performance of any vendor 254
326326 that enters into a contract with the board to conduct, manage or assist 255
327327 with such programs or activities, the costs associated with such 256
328328 programs or activities, the number, gender and race of persons served 257
329329 by such programs or activities, the number, gender and race of persons 258
330330 completing such programs or activities, occupational skill types, the 259
331331 number, gender and race of persons who enter unsubsidized 260
332332 employment upon completion of such programs or activities, the 261
333333 number, gender and race of persons who remain in unsubsidized 262
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340340 employment six months later and the earnings received by such 263
341341 persons. 264
342342 Sec. 6. Section 31-3l of the general statutes is repealed and the 265
343343 following is substituted in lieu thereof (Effective from passage): 266
344344 The members of a board shall be appointed by the chief elected 267
345345 officials of the municipalities in the region in accordance with the 268
346346 provisions of an agreement entered into by such municipalities. In the 269
347347 absence of an agreement the appointments shall be made by the 270
348348 Governor. The membership of each board shall satisfy the requirements 271
349349 [for a private industry council as provided under the Job Training 272
350350 Partnership Act and the requirements of the federal] of the Workforce 273
351351 Innovation and Opportunity Act. [of 2014, P.L. 113-128, as from time to 274
352352 time amended. To the extent consistent with such requirements: (1) 275
353353 Business members shall constitute a majority of each board and shall 276
354354 include owners of businesses, chief executives or chief operating officers 277
355355 of nongovernmental employers, or other business executives who have 278
356356 substantial management or policy responsibilities. Whenever possible, 279
357357 at least one-half of the business and industry members shall be 280
358358 representatives of small businesses, including minority businesses; (2) 281
359359 the nonbusiness members shall include representatives of community-282
360360 based organizations, state and local organized labor, state and 283
361361 municipal government, human service agencies, economic 284
362362 development agencies and regional community-technical colleges and 285
363363 other educational institutions, including secondary and postsecondary 286
364364 institutions and regional vocational technical schools; (3) the 287
365365 nonbusiness representatives shall be selected by the appointing 288
366366 authority from among individuals nominated by the commissioner and 289
367367 the organizations, agencies, institutions and groups set forth in 290
368368 subdivisions (2) and (5) of this section, and each appointing authority 291
369369 shall solicit nominations from the commissioner and the organizations, 292
370370 agencies, institutions and groups set forth in subdivisions (2) and (5) of 293
371371 this section; (4) labor representatives shall be selected from individuals 294
372372 recommended by recognized state and local labor federations in a 295
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379379 manner consistent with the federal Job Training Partnership Act and the 296
380380 federal Workforce Innovation and Opportunity Act of 2014, P.L. 113-297
381381 128, as from time to time amended; (5) the board shall represent the 298
382382 interests of a broad segment of the population of the region, including 299
383383 the interests of welfare recipients, persons with disabilities, veterans, 300
384384 dislocated workers, younger and older workers, women, minorities and 301
385385 displaced homemakers; and (6) in each region where a private industry 302
386386 council has elected by a vote of its members to become a regional work 303
387387 force development board and the commissioner has approved the 304
388388 council as a board, the initial membership of each board shall include, 305
389389 but not be limited to, the business members of the private industry 306
390390 council in the region.] 307
391391 Sec. 7. Section 31-3n of the general statutes is repealed and the 308
392392 following is substituted in lieu thereof (Effective from passage): 309
393393 (a) The commissioner, in consultation with the commission, [shall] 310
394394 may adopt regulations in accordance with chapter 54 to carry out the 311
395395 provisions of sections 31-3j to 31-3r, inclusive, as amended by this act. 312
396396 The regulations [shall] may establish criteria for the organization and 313
397397 operation of the board and for ensuring that the membership of each 314
398398 board satisfies the requirements of section 31-3l, as amended by this act. 315
399399 (b) The commissioner, acting through the commission, shall facilitate 316
400400 communication and exchange of information between the boards and 317
401401 state agencies involved in employment and training. 318
402402 (c) The commissioner shall distribute all information received under 319
403403 the provisions of sections 31-3j to 31-3r, inclusive, as amended by this 320
404404 act, to the commission in order to ensure that the review and 321
405405 coordination duties of the commission are effectively carried out. 322
406406 (d) The commissioner shall submit each annual regional plan 323
407407 prepared pursuant to subparagraph (E) of subdivision (2) of subsection 324
408408 (b) of section 31-3k, as amended by this act, together with the 325
409409 recommendations of the commissioner and the commission, to the 326
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416416 Governor for final approval. 327
417417 (e) The commissioner shall approve, in consultation with the 328
418418 commission, each board established pursuant to section 31-3k, as 329
419419 amended by this act, which meets the requirements of sections 31-3j to 330
420420 31-3r, inclusive, as amended by this act. 331
421421 Sec. 8. Section 31-3r of the general statutes is repealed and the 332
422422 following is substituted in lieu thereof (Effective from passage): 333
423423 Nothing in sections 31-3j to 31-3r, inclusive, as amended by this act, 334
424424 shall be construed or administered in any manner that would conflict 335
425425 with the requirements of the [Job Training Partnership Act] Workforce 336
426426 Innovation and Opportunity Act or supersede any statutory duties, 337
427427 responsibilities or obligations of any agency or board, including, but not 338
428428 limited to, any local board of education. 339
429429 Sec. 9. Subsection (e) of section 31-3pp of the general statutes is 340
430430 repealed and the following is substituted in lieu thereof (Effective from 341
431431 passage): 342
432432 (e) (1) An eligible small business or eligible small manufacturer may 343
433433 apply to the department for a grant to subsidize on-the-job training for 344
434434 a preapprentice, where "preapprentice" means a person, [who is (A) a 345
435435 current student at a public or private high school, preparatory school or 346
436436 institution of higher education, or (B) not more than eighteen years of 347
437437 age and] student or minor employed under a written agreement with an 348
438438 apprenticeship program sponsor for a term of training and employment 349
439439 not exceeding two thousand hours or twenty-four months in duration, 350
440440 and registered with the Labor Department. "Preapprentice" does not 351
441441 include a person who was employed in this state by a related person 352
442442 with respect to the eligible small business during the prior twelve 353
443443 months or a person employed on a temporary or seasonal basis by a 354
444444 retailer, as defined in section 42-371. 355
445445 (2) Grants to eligible small businesses or eligible small manufacturers 356
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452452 under the Subsidized Training and Employment program shall be in the 357
453453 following amounts: (A) For the first thirty calendar days a preapprentice 358
454454 is employed, one hundred per cent of an amount representing the cost 359
455455 of on-the-job training for such preapprentice, but in no event shall such 360
456456 amount exceed ten dollars per hour; (B) for the thirty-first to ninetieth, 361
457457 inclusive, calendar days, seventy-five per cent of such amount; (C) for 362
458458 the ninety-first to one hundred fiftieth, inclusive, calendar days, fifty per 363
459459 cent of such amount; and (D) for the one hundred fifty-first to one 364
460460 hundred eightieth, inclusive, calendar days, twenty-five per cent of such 365
461461 amount. Grants shall be cancelled as of the date the preapprentice leaves 366
462462 his or her apprenticeship with the eligible small business or eligible 367
463463 small manufacturer. 368
464464 Sec. 10. Section 31-22m of the general statutes is repealed and the 369
465465 following is substituted in lieu thereof (Effective from passage): 370
466466 When used in sections 31-22m to 31-22q, inclusive, as amended by 371
467467 this act, and 31-22u, "apprentice" means a person employed under a 372
468468 written agreement to work at and learn a specific trade and registered 373
469469 with the Labor Department; "apprentice agreement" means a written 374
470470 agreement entered into by an apprentice, or on his behalf by his parent 375
471471 or guardian, with an employer, or with an association of employers and 376
472472 an organization of employees acting as a joint apprenticeship 377
473473 committee, which agreement provides for not less than two thousand 378
474474 hours of work experience in approved trade training consistent with 379
475475 recognized requirements established by industry or joint labor-industry 380
476476 practice and for the number of hours of related and supplemental 381
477477 instructions prescribed by the Connecticut State Apprenticeship 382
478478 Council or which agreement meets requirements of the federal 383
479479 government for on-the-job training schedules which are essential, in the 384
480480 opinion of the Labor Commissioner, for the development of manpower 385
481481 in Connecticut industries; "council" means the Connecticut State 386
482482 Apprenticeship Council and "preapprentice" means a person, student or 387
483483 minor (1) employed under a written agreement with an apprenticeship 388
484484 sponsor for a term of training and employment not exceeding two 389
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491491 thousand hours or twenty-four months in duration, and (2) registered 390
492492 with the Labor Department. 391
493493 Sec. 11. Section 31-230 of the 2020 supplement to the general statutes 392
494494 is repealed and the following is substituted in lieu thereof (Effective from 393
495495 passage): 394
496496 (a) An individual's benefit year shall commence with the beginning 395
497497 of the week with respect to which the individual has filed a valid 396
498498 initiating claim and shall continue through the Saturday of the fifty-first 397
499499 week following the week in which it commenced, provided no benefit 398
500500 year shall end until after the end of the third complete calendar quarter, 399
501501 plus the remainder of any uncompleted calendar week that began in 400
502502 such quarter, following the calendar quarter in which it commenced, 401
503503 and provided further, the benefit year of an individual who has filed a 402
504504 combined wage claim, as described in subsection (b) of section 31-255, 403
505505 shall be the benefit year prescribed by the law of the paying state. In no 404
506506 event shall a benefit year be established before the termination of an 405
507507 existing benefit year previously established under the provisions of this 406
508508 chapter. Except as provided in subsection (b) of this section, the base 407
509509 period of a benefit year shall be the first four of the five most recently 408
510510 completed calendar quarters prior to such benefit year, provided such 409
511511 quarters were not previously used to establish a prior valid benefit year 410
512512 and provided further, the base period with respect to a combined wage 411
513513 claim, as described in subsection (b) of section 31-255, shall be the base 412
514514 period of the paying state, except that for any individual who is eligible 413
515515 to receive or is receiving workers' compensation or who is properly 414
516516 absent from work under the terms of the employer's sick leave or 415
517517 disability leave policy, the base period shall be the [first four of the five 416
518518 most recently worked quarters] four consecutive quarters immediately 417
519519 preceding the most recently worked prior to such benefit year, provided 418
520520 such quarters were [consecutive and] not previously used to establish a 419
521521 prior valid benefit year and provided further, the last most recently 420
522522 worked calendar quarter is no more than twelve calendar quarters prior 421
523523 to the date such individual makes an initiating claim. As used in this 422
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530530 section, an initiating claim shall be deemed valid if the individual is 423
531531 unemployed and meets the requirements of subdivisions (1) and (3) of 424
532532 subsection (a) of section 31-235. The base period of an individual's 425
533533 benefit year shall include wages paid by any nonprofit organization 426
534534 electing reimbursement in lieu of contributions, or by the state and by 427
535535 any town, city or other political or governmental subdivision of or in 428
536536 this state or of any municipality to such person with respect to whom 429
537537 such employer is subject to the provisions of this chapter. With respect 430
538538 to weeks of unemployment beginning on or after January 1, 1978, wages 431
539539 for insured work shall include wages paid for previously uncovered 432
540540 services. For purposes of this section, the term "previously uncovered 433
541541 services" means services that (1) were not employment, as defined in 434
542542 section 31-222, and were not services covered pursuant to section 31-435
543543 223, at any time during the one-year period ending December 31, 1975; 436
544544 and (2) (A) are agricultural labor, as defined in subparagraph (H) of 437
545545 subdivision (1) of subsection (a) of section 31-222, or domestic service, 438
546546 as defined in subparagraph (J) of subdivision (1) of subsection (a) of 439
547547 section 31-222, or (B) are services performed by an employee of this state 440
548548 or a political subdivision of this state, as provided in subparagraph (C) 441
549549 of subdivision (1) of subsection (a) of section 31-222, or by an employee 442
550550 of a nonprofit educational institution that is not an institution of higher 443
551551 education, as provided in subparagraph (E)(iii) of subdivision (1) of 444
552552 subsection (a) of section 31-222, except to the extent that assistance 445
553553 under Title II of the Emergency Jobs and Unemployment Assistance Act 446
554554 of 1974 was paid on the basis of such services. 447
555555 (b) The base period of a benefit year for any individual who is 448
556556 ineligible to receive benefits using the base period set forth in subsection 449
557557 (a) of this section shall be the four [most recently completed calendar] 450
558558 consecutive quarters immediately preceding the most recently worked 451
559559 quarters prior to the individual's benefit year, provided such quarters 452
560560 were not previously used to establish a prior valid benefit year, except 453
561561 that for any such individual who is eligible to receive or is receiving 454
562562 workers' compensation or who is properly absent from work under the 455
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569569 terms of an employer's sick leave or disability leave policy, the base 456
570570 period shall be the four most recently worked calendar quarters prior to 457
571571 such benefit year, provided such quarters were consecutive and not 458
572572 previously used to establish a prior valid benefit year and provided 459
573573 further, the last most recently worked calendar quarter is not more than 460
574574 twelve calendar quarters prior to the date such individual makes the 461
575575 initiating claim. If the wage information for an individual's most 462
576576 recently worked calendar quarter is unavailable to the administrator 463
577577 from regular quarterly reports of systematically accessible wage 464
578578 information, the administrator shall promptly contact the individual's 465
579579 employer to obtain such wage information. 466
580580 Sec. 12. Subsection (a) of section 31-235 of the general statutes is 467
581581 repealed and the following is substituted in lieu thereof (Effective from 468
582582 passage): 469
583583 (a) An unemployed individual shall be eligible to receive benefits 470
584584 with respect to any week only if it has been found that (1) such 471
585585 individual has made claim for benefits in accordance with the 472
586586 provisions of section 31-240 and has registered for work at the public 473
587587 employment bureau or other agency designated by the administrator 474
588588 within such time limits, with such frequency and in such manner as the 475
589589 administrator may prescribe, provided failure to comply with this 476
590590 condition may be excused by the administrator upon a showing of good 477
591591 cause therefor; (2) except as provided in subsection (b) of this section, 478
592592 such individual is physically and mentally able to work and is available 479
593593 for work and has been and is making reasonable efforts to obtain work, 480
594594 provided the individual shall not be considered to be unavailable for 481
595595 work solely because the individual is attending a school, college or 482
596596 university as a regularly enrolled student during the separation from 483
597597 employment, within the limitations of subdivision (6) of subsection (a) 484
598598 of section 31-236, and provided further, the individual shall not be 485
599599 considered to be lacking in efforts to obtain work if, as a student, such 486
600600 efforts are restricted to employment which does not conflict with the 487
601601 individual's regular class hours as a student, and provided the 488
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608608 administrator shall not use prior "patterns of unemployment" of the 489
609609 individual to determine whether the individual is available for work; (3) 490
610610 such individual has been paid wages by an employer who was subject 491
611611 to the provisions of this chapter during the base period of the current 492
612612 benefit year in an amount at least equal to forty times the individual's 493
613613 benefit rate for total unemployment, provided an unemployed 494
614614 individual who is sixty-two years of age or older and is involuntarily 495
615615 retired under a compulsory retirement policy or contract provision shall 496
616616 be eligible for benefits with respect to any week, notwithstanding 497
617617 subdivisions (1) and (2) of this subsection, if it is found by the 498
618618 administrator that the individual has made claim for benefits in 499
619619 accordance with the provisions of section 31-240, has registered for 500
620620 work at the public employment bureau, is physically and mentally able 501
621621 to work, is available for work, meets the requirements of this 502
622622 subdivision and has not refused suitable work to which the individual 503
623623 has been referred by the administrator; (4) such individual participates 504
624624 in reemployment services, such as job search assistance services, if the 505
625625 individual has been determined to be likely to exhaust regular benefits 506
626626 and need reemployment services pursuant to a profiling or 507
627627 reemployment services and eligibility assessment system established by 508
628628 the administrator unless the administrator determines that (A) for 509
629629 purposes of the profiling system only, the individual has completed 510
630630 such services, or (B) there is justifiable cause for the individual's failure 511
631631 to participate in such services. The administrator shall adopt 512
632632 regulations, in accordance with the provisions of chapter 54, for the 513
633633 administration of the reemployment services and eligibility assessment 514
634634 system and the profiling system. For purposes of subdivision (2) of this 515
635635 subsection, "patterns of unemployment" means regularly recurring 516
636636 periods of unemployment of the claimant in the years prior to filing the 517
637637 claim in question. 518
638638 Sec. 13. Sections 31-3a, 31-3g, 31-3u, 31-3ff, 31-3ii, 31-22s and 31-250a 519
639639 of the general statutes are repealed. (Effective from passage) 520
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646646 This act shall take effect as follows and shall amend the following
647647 sections:
648648
649649 Section 1 from passage 10-95h
650650 Sec. 2 from passage 31-3b
651651 Sec. 3 from passage 31-3h
652652 Sec. 4 from passage 31-3j
653653 Sec. 5 from passage 31-3k
654654 Sec. 6 from passage 31-3l
655655 Sec. 7 from passage 31-3n
656656 Sec. 8 from passage 31-3r
657657 Sec. 9 from passage 31-3pp(e)
658658 Sec. 10 from passage 31-22m
659659 Sec. 11 from passage 31-230
660660 Sec. 12 from passage 31-235(a)
661661 Sec. 13 from passage Repealer section
662662
663663 Statement of Purpose:
664664 To make minor and technical changes to Labor Department statutes.
665665
666666 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
667667 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
668668 underlined.]
669669