Connecticut 2021 2021 Regular Session

Connecticut House Bill HB06445 Comm Sub / Bill

Filed 04/08/2021

                     
 
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General Assembly  Substitute Bill No. 6445  
January Session, 2021 
 
 
 
 
 
AN ACT EXPANDING ECO NOMIC OPPORTUNITY IN OCCUPATIONS 
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 (1) a resident of this state, as defined in 5 
section 12-701 of the general statutes, or (2) married to an active duty 6 
member of the armed forces of the United States and accompanies such 7 
member, pursuant to an official permanent change of station, to a 8 
military installation located in this state, if such person: 9 
(A) Holds a valid license, permit, certification or registration in at 10 
least one other jurisdiction in the occupation or profession applied for; 11 
(B) Has practiced under such license, permit, certification or 12 
registration for not less than four years; 13 
(C) Is in good standing in all jurisdictions in which he or she holds a 14 
license, permit, certification or registration and has not had a license, 15 
permit, certification or registration revoked or discipline imposed by 16 
any jurisdiction, does not have a complaint, allegation or investigation 17  Substitute Bill No. 6445 
 
 
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related to unprofessional conduct pending in any jurisdiction and has 18 
not voluntarily surrendered a license, permit, certification or 19 
registration while under investigation for unprofessional conduct in any 20 
jurisdiction; 21 
(D) Satisfies any background check or character and fitness check 22 
required of other applicants for the license, permit, certification or 23 
registration;  24 
(E) Pays all fees required of other applicants for the license, permit, 25 
certification or registration; and  26 
(F) Takes and passes all or a portion of any examination required of 27 
other persons applying for the license, permit, certification or 28 
registration.  29 
(b) Any person issued a license, permit, certification or registration 30 
pursuant to this section shall be subject to the laws of this state and the 31 
jurisdiction of the Department of Consumer Protection. 32 
(c) Notwithstanding the other provisions of this section, the 33 
Commissioner of Consumer Protection may deny an occupational or 34 
professional license, permit, certification or registration if the 35 
commissioner finds such denial is in the best interest of the state. 36 
(d) A person applying for a license, permit, certification or 37 
registration that is not required to practice an occupation or profession 38 
in at least twenty-five states who relocates to this state from another 39 
state that did not require a license, permit, certification or registration to 40 
practice the person's occupation or profession may be considered to 41 
have satisfied the conditions of subparagraphs (A) and (B) of 42 
subdivision (2) of subsection (a) of this section if he or she establishes to 43 
the satisfaction of the Department of Consumer Protection that he or she 44 
has three or more years of related work experience with a substantially 45 
similar scope of practice within the four years preceding the date of 46 
application to said department. 47  Substitute Bill No. 6445 
 
 
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Sec. 2. Section 20-333 of the general statutes is repealed and the 48 
following is substituted in lieu thereof (Effective October 1, 2021): 49 
(a) To obtain a license under this chapter, an applicant shall have 50 
attained such applicant's eighteenth birthday and shall furnish such 51 
evidence of competency as the appropriate board or the Commissioner 52 
of Consumer Protection shall require. A recommendation for review 53 
issued pursuant to section 31-22u shall be sufficient to demonstrate such 54 
competency. The applicant shall satisfy such board or the commissioner 55 
that such applicant [is of good moral character,] possesses a diploma or 56 
other evidence of graduation from the eighth grade of grammar school, 57 
or possesses an equivalent education to be determined on examination 58 
and has the requisite skill to perform the work in the trade for which 59 
such applicant is applying for a license and can comply with all other 60 
requirements of this chapter and the regulations adopted under this 61 
chapter. A recommendation for review issued pursuant to section 31-62 
22u shall be sufficient to demonstrate that an applicant possesses such 63 
requisite skill and can comply with all other requirements of this chapter 64 
and the regulations adopted under this chapter. For any application 65 
submitted pursuant to this section that requires a hearing or other action 66 
by the applicable examining board or the commissioner, such hearing 67 
or other action by the applicable examining board or the commissioner 68 
shall occur not later than thirty days after the date of submission for 69 
such application. Upon application for any such license, the applicant 70 
shall pay to the department a nonrefundable application fee of ninety 71 
dollars for a license under subdivisions (2) and (3) of subsection (a) and 72 
subdivision (4) of subsection (e) of section 20-334a, or a nonrefundable 73 
application fee of one hundred fifty dollars for a license under 74 
subdivision (1) of subsection (a), subdivisions (1) and (2) of subsection 75 
(b), subdivision (1) of subsection (c) and subdivisions (1), (2) and (3) of 76 
subsection (e) of section 20-334a. Any such application fee shall be 77 
waived for persons who present a recommendation for review issued 78 
pursuant to section 31-22u. 79 
(b) The department shall conduct such written, oral and practical 80  Substitute Bill No. 6445 
 
 
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examinations as the appropriate board, with the consent of the 81 
commissioner, deems necessary to test the knowledge of the applicant 82 
in the work for which a license is being sought. The department shall 83 
allow any applicant, who has not participated in an apprenticeship 84 
program but presents a recommendation for review issued pursuant to 85 
section 31-22u, to sit for any such examination. Any person completing 86 
the required apprentice training program for a journeyman's license 87 
under section 20-334a shall, within thirty days following such 88 
completion, apply for a licensure examination given by the department. 89 
If an applicant does not pass such licensure examination, the 90 
commissioner shall provide each failed applicant with information on 91 
how to retake the examination and a report describing the applicant's 92 
strengths and weaknesses in such examination. Any apprentice permit 93 
issued under section 20-334a to an applicant who fails three licensure 94 
examinations in any one-year period shall remain in effect if such 95 
applicant applies for and takes the first licensure examination given by 96 
the department following the one-year period from the date of such 97 
applicant's third and last unsuccessful licensure examination. 98 
Otherwise, such permit shall be revoked as of the date of the first 99 
examination given by the department following expiration of such 100 
one-year period. 101 
(c) The Commissioner of Consumer Protection, subject to section 46a-102 
80, may deny a license or may issue a license pursuant to a consent order 103 
containing conditions that shall be met by the applicant if the applicant 104 
reports that he or she has been found guilty or convicted as a result of 105 
an act which constitutes a felony under (1) the laws of this state at the 106 
time of application for such license, (2) federal law at the time of 107 
application for such license, or (3) the laws of another jurisdiction, and 108 
which, if committed within this state, would constitute a felony under 109 
the laws of this state. 110 
[(c)] (d) When an applicant has qualified for a license, the department 111 
shall, upon receipt of the license fee or upon waiver of such fee pursuant 112 
to section 20-335, issue to such applicant a license entitling such 113  Substitute Bill No. 6445 
 
 
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applicant to engage in the work or occupation for which a license was 114 
sought and shall register each successful applicant's name and address 115 
in the roster of licensed persons authorized to engage in the work or 116 
occupation within the appropriate board's authority. All fees and other 117 
moneys collected by the department shall be promptly transmitted to 118 
the State Treasurer as provided in section 4-32. 119 
Sec. 3. (Effective October 1, 2021) The Departments of Administrative 120 
Services, Agriculture, Consumer Protection, Correction, Emergency 121 
Services and Public Protection and Public Health, the Labor 122 
Department, and the Office of Early Childhood shall, not later than 123 
January 1, 2022, report to the Secretary of the Office of Policy and 124 
Management on (1) the number of employees who perform background 125 
checks related to the department's or office's licensing functions, the job 126 
classifications of such employees, and the type or level of clearance of 127 
the background checks that are being performed, (2) the number of 128 
hours each such employee spends on average per week performing 129 
background checks, and (3) for any licenses in which some education or 130 
training is required of the applicant prior to obtaining a license, the 131 
feasibility of establishing a preclearance assessment of criminal history 132 
prior to potential applicants beginning such education or training. Such 133 
recommendations shall additionally assess the feasibility of centralizing 134 
and standardizing background checks performed by state government 135 
agencies and shall address any related issues of delegation of authority 136 
by such agencies. 137 
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 
 
Statement of Legislative Commissioners:   
Section 1(a) was reorganized for clarity. 
  Substitute Bill No. 6445 
 
 
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GL Joint Favorable Subst.