LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06445-R01- HB.docx 1 of 5 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06445- R01-HB.docx } 2 of 5 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06445- R01-HB.docx } 3 of 5 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06445- R01-HB.docx } 4 of 5 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06445- R01-HB.docx } 5 of 6 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 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06445- R01-HB.docx } 6 of 6 GL Joint Favorable Subst.