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OLR Bill Analysis
sHB 6445
AN ACT EXPANDING ECONOMIC OPPORTUNITY IN
OCCUPATIONS LICENSED BY THE DEPARTMENT OF
CONSUMER PROTECTION.
SUMMARY
This bill generally makes it easier for tradespeople credentialed in
other states to obtain a Connecticut credential if they reside here. It
does so by generally requiring the Department of Consumer Protection
(DCP) to issue the appropriate license or other credential to a state
resident, or a spouse of an active duty service member permanently
stationed here, if that person meets specified requirements (e.g., has
practiced under a valid credential in another jurisdiction for at least
four years, passes an examination, and has no disciplinary history). It
allows the DCP commissioner to deny a credential if she finds the
denial to be in the state’s best interest.
The bill specifies that, for certain professions, the DCP
commissioner may deny a license, or issue one under a consent order
with conditions that an applicant must meet, if the applicant reports
that he or she has been found guilty or convicted of what constitutes a
felony under Connecticut or federal law at the time of the application,
or the laws of another jurisdiction that would be a felony under
Connecticut law (see BACKGROUND). This authority applies to
electricians; plumbers; solar, heating, piping, and cooling contractors
and journeymen; elevator and fire protection sprinkler craftsmen;
irrigation contractors and journeymen; gas hearth installer contractors
and journeymen; and residential stair lift technicians. The bill also
eliminates a requirement that applicants for these licenses demonstrate
good moral character.
By January 1, 2022, the bill requires various state agencies to report
to the Office of Policy and Management (OPM) secretary on certain 2021HB-06445-R000342-BA.DOCX
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information related to background checks.
EFFECTIVE DATE: October 1, 2021
DCP CREDENTIALING
The bill generally requires DCP to issue an occupational or
professional license, permit, certification, or registration (hereinafter,
“credential”) to a person who is a state resident for income tax
purposes, or an accompanying spouse of an active duty service
member permanently stationed here, if that person:
1. holds a valid credential in the applicable occupation or
profession in at least one other jurisdiction and has practiced
under that credential for at least four years;
2. is in good standing in all jurisdictions where credentialed and
has no disciplinary history (including credential revocation or
other discipline; pending complaints, allegations, or
investigations related to unprofessional conduct; or voluntary
surrender of a credential during an investigation);
3. satisfies any background, character, or fitness check required of
other applicants;
4. pays any credentialing fees required of other applicants; and
5. takes and passes all or a portion of any examination required of
others applying for the credential.
The bill creates an exception to the first requirement (holding a
credential and practicing under it for at least four years) for certain
applicants relocating from states that do not require a credential to
practice the occupation or profession. The bill deems these applicants
as satisfying this requirement if (1) at least 25 states do not require the
credential and (2) the applicant establishes to DCP’s satisfaction that he
or she has three or more years of related work experience with a
substantially similar scope of practice within the four years preceding
the application date. 2021HB-06445-R000342-BA.DOCX
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The bill specifies that anyone issued a credential under these
provisions is subject to Connecticut law and DCP jurisdiction. It also
allows the DCP commissioner to deny an application if she finds it to
be in the state’s best interest.
AGENCY REPORTING
By January 1, 2022, the bill requires the departments of
Administrative Services, Agriculture, Consumer Protection,
Correction, Emergency Services and Public Protection, Labor, and
Public Health, and the Office of Early Childhood, to report to the OPM
secretary on certain information related to background checks. The
report must include:
1. the number of employees who perform background checks
related to the department’s or office’s licensing functions, their
job classifications, and the background checks’ type or level of
clearance;
2. the average number of hours these employees spend weekly
performing background checks; and
3. for any licenses requiring some pre-licensure education or
training, the feasibility of assessing criminal history to preclear
potential applicants before they begin the education or training.
The recommendations must also (1) assess the feasibility of
centralizing and standardizing background checks state agencies
perform and (2) address any related issues of these agencies delegating
authority.
BACKGROUND
Related Bill
HB 6449 (File 203), reported favorably by the Public Health
Committee, makes similar changes for health care professionals.
sHB 6474, § 32, reported favorably by the Labor and Public
Employees Committee, requires the agencies to make the same report
and recommendations. 2021HB-06445-R000342-BA.DOCX
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Felony Conviction and Credentials
With limited exceptions, the law prohibits the state from
disqualifying a person from engaging in an occupation, profession, or
business that requires a state credential solely because of a prior
criminal conviction (CGS § 46a-80).
State agencies may deny someone a credential to practice an
occupation, trade, profession or business, after considering (1) the
nature of the crime and its relationship to the job; (2) information
pertaining to the degree of the person’s rehabilitation; and (3) how
much time has passed since the person’s conviction or release.
COMMITTEE ACTION
General Law Committee
Joint Favorable Substitute
Yea 15 Nay 3 (03/23/2021)