Connecticut 2021 2021 Regular Session

Connecticut House Bill HB06445 Introduced / Bill

Filed 02/10/2021

                        
 
 
 
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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 
 
 
 
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(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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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.]