LCO No. 3216 1 of 6 General Assembly Governor's Bill No. 6445 January Session, 2021 LCO No. 3216 Referred to Committee on GENERAL LAW Introduced by: Request of the Governor Pursuant to Joint Rule 9 AN ACT EXPANDING ECO NOMIC OPPORTUNITY IN OCCUP ATIONS LICENSED BY THE DEPA RTMENT OF CONSUMER P ROTECTION. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective October 1, 2021) (a) An occupational or 1 professional license, permit, certification or registration issued by the 2 Department of Consumer Protection shall be issued, in the occupation 3 or profession applied for and at a practice level determined by the 4 department, to a person who is a resident of this state as defined in 5 section 12-701 of the general statutes or who is married to an active duty 6 member of the armed forces of the United States and accompanies said 7 member, pursuant to an official permanent change of station, to a 8 military installation located in this state if: 9 (1) The person holds a valid license, permit, certification or 10 registration in at least one other jurisdiction in the occupation or 11 profession applied for; 12 (2) The person has practiced under such license, permit, certification 13 or registration for not less than one year; 14 Governor's Bill No. 6445 LCO No. 3216 2 of 6 (3) The person is in good standing in all jurisdictions in which he or 15 she holds a license, permit, certification or registration and has not had 16 a license, permit, certification or registration revoked or discipline 17 imposed by any jurisdiction, does not have a complaint, allegation or 18 investigation related to unprofessional conduct pending in any 19 jurisdiction, and has not voluntarily surrendered a license, permit, 20 certification or registration while under investigation for unprofessional 21 conduct in any jurisdiction; 22 (4) The person satisfies any background check or character and fitness 23 check required of other applicants for the license, permit, certification or 24 registration; and 25 (5) The person pays all fees required of other applicants for the 26 license, permit, certification or registration. 27 (b) In addition to the requirements set forth in subsection (a) of this 28 section, the Department of Consumer Protection shall require a person 29 to take and pass all or a portion of any examination required of other 30 persons applying for the license, permit, certification or registration 31 unless the person has taken an exam acceptable to the department or 32 there is a reciprocal arrangement with the jurisdiction in which the 33 person is currently credentialed. 34 (c) Any person issued a license, permit, certification or registration 35 pursuant to this section shall be subject to the laws of this state and the 36 jurisdiction of the Department of Consumer Protection. 37 (d) Notwithstanding the provisions of this section, the Commissioner 38 of Consumer Protection may deny an occupational or professional 39 license, permit, certification or registration if he or she finds such denial 40 is in the best interest of the state. 41 (e) A person applying for a license, permit, certification or 42 registration that is not required to practice an occupation or profession 43 in at least twenty-five states who relocates to this state from another 44 state that did not require a license, permit, certification or registration to 45 Governor's Bill No. 6445 LCO No. 3216 3 of 6 practice the person's occupation or profession may be considered to 46 have satisfied the conditions of subdivisions (1) and (2) of subsection (a) 47 of this section if he or she establishes to the satisfaction of the 48 Department of Consumer Protection that he or she has three or more 49 years of related work experience with a substantially similar scope of 50 practice within the four years preceding the date of application to such 51 department. 52 Sec. 2. Section 20-333 of the general statutes is repealed and the 53 following is substituted in lieu thereof (Effective October 1, 2021): 54 (a) To obtain a license under this chapter, an applicant shall have 55 attained such applicant's eighteenth birthday and shall furnish such 56 evidence of competency as the appropriate board or the Commissioner 57 of Consumer Protection shall require. A recommendation for review 58 issued pursuant to section 31-22u shall be sufficient to demonstrate such 59 competency. The applicant shall satisfy such board or the commissioner 60 that such applicant [is of good moral character,] possesses a diploma or 61 other evidence of graduation from the eighth grade of grammar school, 62 or possesses an equivalent education to be determined on examination 63 and has the requisite skill to perform the work in the trade for which 64 such applicant is applying for a license and can comply with all other 65 requirements of this chapter and the regulations adopted under this 66 chapter. A recommendation for review issued pursuant to section 31-67 22u shall be sufficient to demonstrate that an applicant possesses such 68 requisite skill and can comply with all other requirements of this chapter 69 and the regulations adopted under this chapter. For any application 70 submitted pursuant to this section that requires a hearing or other action 71 by the applicable examining board or the commissioner, such hearing 72 or other action by the applicable examining board or the commissioner 73 shall occur not later than thirty days after the date of submission for 74 such application. Upon application for any such license, the applicant 75 shall pay to the department a nonrefundable application fee of ninety 76 dollars for a license under subdivisions (2) and (3) of subsection (a) and 77 subdivision (4) of subsection (e) of section 20-334a, or a nonrefundable 78 application fee of one hundred fifty dollars for a license under 79 Governor's Bill No. 6445 LCO No. 3216 4 of 6 subdivision (1) of subsection (a), subdivisions (1) and (2) of subsection 80 (b), subdivision (1) of subsection (c) and subdivisions (1), (2) and (3) of 81 subsection (e) of section 20-334a. Any such application fee shall be 82 waived for persons who present a recommendation for review issued 83 pursuant to section 31-22u. 84 (b) The department shall conduct such written, oral and practical 85 examinations as the appropriate board, with the consent of the 86 commissioner, deems necessary to test the knowledge of the applicant 87 in the work for which a license is being sought. The department shall 88 allow any applicant, who has not participated in an apprenticeship 89 program but presents a recommendation for review issued pursuant to 90 section 31-22u, to sit for any such examination. Any person completing 91 the required apprentice training program for a journeyman's license 92 under section 20-334a shall, within thirty days following such 93 completion, apply for a licensure examination given by the department. 94 If an applicant does not pass such licensure examination, the 95 commissioner shall provide each failed applicant with information on 96 how to retake the examination and a report describing the applicant's 97 strengths and weaknesses in such examination. Any apprentice permit 98 issued under section 20-334a to an applicant who fails three licensure 99 examinations in any one-year period shall remain in effect if such 100 applicant applies for and takes the first licensure examination given by 101 the department following the one-year period from the date of such 102 applicant's third and last unsuccessful licensure examination. 103 Otherwise, such permit shall be revoked as of the date of the first 104 examination given by the department following expiration of such 105 one-year period. 106 (c) The Commissioner of Consumer Protection, subject to section 46a-107 80, may deny a license or may issue a license pursuant to a consent order 108 containing conditions that shall be met by the applicant if the applicant 109 reports that he or she has been found guilty or convicted as a result of 110 an act which constitutes a felony under (1) the laws of this state at the 111 time of application for such license, (2) federal law at the time of 112 application for such license, or (3) the laws of another jurisdiction, and 113 Governor's Bill No. 6445 LCO No. 3216 5 of 6 which, if committed within this state, would constitute a felony under 114 the laws of this state. 115 [(c)] (d) When an applicant has qualified for a license, the department 116 shall, upon receipt of the license fee or upon waiver of such fee pursuant 117 to section 20-335, issue to such applicant a license entitling such 118 applicant to engage in the work or occupation for which a license was 119 sought and shall register each successful applicant's name and address 120 in the roster of licensed persons authorized to engage in the work or 121 occupation within the appropriate board's authority. All fees and other 122 moneys collected by the department shall be promptly transmitted to 123 the State Treasurer as provided in section 4-32. 124 Sec. 3. (NEW) (Effective October 1, 2021) The Departments of 125 Administrative Services, Agriculture, Consumer Protection, Correction, 126 Emergency Services and Public Protection and Public Health, the Labor 127 Department, and the Office of Early Childhood shall, within ninety 128 days, report to the Secretary of the Office of Policy and Management on 129 (1) the number of employees that perform background checks related to 130 the Agency's licensing functions, the job classifications of such 131 employees, and the type or level of clearance of the background checks 132 that are being performed, (2) the number of hours each such employee 133 spends on average per week performing background checks, and (3) for 134 any licenses in which some education or training is required of the 135 applicant prior to obtaining a license, the feasibility of establishing a 136 preclearance assessment of criminal history prior to potential applicants 137 beginning such education or training. Such recommendations shall 138 additionally assess the feasibility of centralizing and standardizing 139 background checks performed by state government agencies and shall 140 address any related issues of delegation of authority by such agencies. 141 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2021 New section Sec. 2 October 1, 2021 20-333 Sec. 3 October 1, 2021 New section Governor's Bill No. 6445 LCO No. 3216 6 of 6 Statement of Purpose: To implement the Governor's budget recommendations. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]