Connecticut 2021 Regular Session

Connecticut House Bill HB06474 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 6474
	4	+	LCO No. 3505 1 of 14
	5	+
	6	+	General Assembly Raised Bill No. 6474
8	7		January Session, 2021
	8	+	LCO No. 3505
	9	+
	10	+
	11	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
	12	+
	13	+
	14	+	Introduced by:
	15	+	(LAB)
	16	+
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12	20		AN ACT CONCERNING CO LLATERAL EMPLOYMENT
13	21		CONSEQUENCES OF A CR IMINAL RECORD.
14	22		Be it enacted by the Senate and House of Representatives in General
15	23		Assembly convened:
16	24
17	25		Section 1. Section 46a-79 of the general statutes is repealed and the 1
18	26		following is substituted in lieu thereof (Effective October 1, 2021): 2
19	27		The General Assembly finds that the public is best protected when 3
20	28		[criminal offenders] people who have been arrested or convicted of 4
21	29		crimes are rehabilitated and returned to society prepared to take their 5
22	30		places as productive citizens and that the ability of [returned offenders] 6
23		-	such persons to find meaningful occupations, employment, housing 7
24		-	and higher education is directly related to their normal functioning in 8
25		-	the community. The General Assembly further finds that African-9
26		-	Americans and Hispanics are targeted for arrest and incarcerated at 10
27		-	rates disproportionate to their representation in the general population 11
28		-	and that discrimination in occupations, employment, housing and 12
29		-	higher education on the basis of criminal history record information has 13
30		-	a disparate impact based on race, ancestry and national origin. It is 14
31		-	therefore the policy of this state to [encourage] prohibit all employers, 15
32		-	[to give favorable consideration to providing jobs to qualified 16
33		-	individuals, including those who may have criminal conviction records] 17
34		-	landlords and institutions of higher education from discriminating on 18
35		-	the basis of criminal history record information, except as otherwise 19
36		-	provided in this chapter. 20 Substitute Bill No. 6474
	31	+	such persons to find meaningful employment, housing and higher 7
	32	+	education is directly related to their normal functioning in the 8
	33	+	community. The General Assembly further finds that African-9
	34	+	Americans and Hispanics are arrested and incarcerated at rates 10
	35	+	disproportionate to their representation in the general population and 11
	36	+	that discrimination in employment, housing and higher education on 12
	37	+	the basis of criminal history record information has a disparate impact 13
	38	+	based on race, ancestry and national origin. It is therefore the policy of 14
	39	+	this state to [encourage] prohibit all employers, [to give favorable 15 Raised Bill No. 6474
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42	42
43		-	Sec. 2. Section 46a-51 of the general statutes is repealed and the 21
44		-	following is substituted in lieu thereof (Effective October 1, 2021): 22
45		-	As used in section 4a-60a and this chapter: 23
46		-	(1) "Blind" refers to an individual whose central visual acuity does 24
47		-	not exceed 20/200 in the better eye with correcting lenses, or whose 25
48		-	visual acuity is greater than 20/200 but is accompanied by a limitation 26
49		-	in the fields of vision such that the widest diameter of the visual field 27
50		-	subtends an angle no greater than twenty degrees; 28
51		-	(2) "Commission" means the Commission on Human Rights and 29
52		-	Opportunities created by section 46a-52; 30
53		-	(3) "Commission legal counsel" means a member of the legal staff 31
54		-	employed by the commission pursuant to section 46a-54; 32
55		-	(4) "Commissioner" means a member of the commission; 33
56		-	(5) "Court" means the Superior Court or any judge of said court; 34
57		-	(6) "Discrimination" includes segregation and separation; 35
58		-	(7) "Discriminatory employment practice" means any discriminatory 36
59		-	practice specified in section 46a-60 or 46a-81c; 37
60		-	(8) "Discriminatory practice" means a violation of section 4a-60, 4a-38
61		-	60a, 4a-60g, 31-40y, subparagraph (C) of subdivision (15) of section 46a-39
62		-	54, subdivisions (16) and (17) of section 46a-54, section 46a-58, 46a-59, as 40
63		-	amended by this act, 46a-60, 46a-64, 46a-64c, 46a-66, 46a-68, 46a-68c to 41
64		-	46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, subsection (a) of section 42
65		-	46a-80, as amended by this act, or sections 46a-81b to 46a-81o, inclusive; 43
66		-	(9) "Employee" means any person employed by an employer but shall 44
67		-	not include any individual employed by such individual's parents, 45
68		-	spouse or child; 46
69		-	(10) "Employer" includes the state and all political subdivisions 47 Substitute Bill No. 6474
	43	+	LCO No. 3505 2 of 14
	44	+
	45	+	consideration to providing jobs to qualified individuals, including those 16
	46	+	who may have criminal conviction records] landlords and institutions 17
	47	+	of higher education from discriminating on the basis of criminal history 18
	48	+	record information, except as otherwise in this chapter. 19
	49	+	Sec. 2. Section 46a-51 of the general statutes is repealed and the 20
	50	+	following is substituted in lieu thereof (Effective October 1, 2021): 21
	51	+	As used in section 4a-60a and this chapter: 22
	52	+	(1) "Blind" refers to an individual whose central visual acuity does 23
	53	+	not exceed 20/200 in the better eye with correcting lenses, or whose 24
	54	+	visual acuity is greater than 20/200 but is accompanied by a limitation 25
	55	+	in the fields of vision such that the widest diameter of the visual field 26
	56	+	subtends an angle no greater than twenty degrees; 27
	57	+	(2) "Commission" means the Commission on Human Rights and 28
	58	+	Opportunities created by section 46a-52; 29
	59	+	(3) "Commission legal counsel" means a member of the legal staff 30
	60	+	employed by the commission pursuant to section 46a-54; 31
	61	+	(4) "Commissioner" means a member of the commission; 32
	62	+	(5) "Court" means the Superior Court or any judge of said court; 33
	63	+	(6) "Discrimination" includes segregation and separation; 34
	64	+	(7) "Discriminatory employment practice" means any discriminatory 35
	65	+	practice specified in section 46a-60 or 46a-81c; 36
	66	+	(8) "Discriminatory practice" means a violation of section 4a-60, 4a-37
	67	+	60a, 4a-60g, 31-40y, subparagraph (C) of subdivision (15) of section 46a-38
	68	+	54, subdivisions (16) and (17) of section 46a-54, section 46a-58, 46a-59, as 39
	69	+	amended by this act, 46a-60, 46a-64, 46a-64c, 46a-66, 46a-68, 46a-68c to 40
	70	+	46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, subsection (a) of section 41
	71	+	46a-80, as amended by this act, or sections 46a-81b to 46a-81o, inclusive; 42
	72	+	(9) "Employee" means any person employed by an employer but shall 43 Raised Bill No. 6474
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76		-	thereof and means any person or employer with three or more persons 48
77		-	in such person's or employer's employ; 49
78		-	(11) "Employment agency" means any person undertaking with or 50
79		-	without compensation to procure employees or opportunities to work; 51
80		-	(12) "Labor organization" means any organization which exists for the 52
81		-	purpose, in whole or in part, of collective bargaining or of dealing with 53
82		-	employers concerning grievances, terms or conditions of employment, 54
83		-	or of other mutual aid or protection in connection with employment; 55
84		-	(13) "Intellectual disability" means intellectual disability as defined in 56
85		-	section 1-1g; 57
86		-	(14) "Person" means one or more individuals, partnerships, 58
87		-	associations, corporations, limited liability companies, legal 59
88		-	representatives, trustees, trustees in bankruptcy, receivers and the state 60
89		-	and all political subdivisions and agencies thereof; 61
90		-	(15) "Physically disabled" refers to any individual who has any 62
91		-	chronic physical handicap, infirmity or impairment, whether congenital 63
92		-	or resulting from bodily injury, organic processes or changes or from 64
93		-	illness, including, but not limited to, epilepsy, deafness or being hard of 65
94		-	hearing or reliance on a wheelchair or other remedial appliance or 66
95		-	device; 67
96		-	(16) "Respondent" means any person alleged in a complaint filed 68
97		-	pursuant to section 46a-82 to have committed a discriminatory practice; 69
98		-	(17) "Discrimination on the basis of sex" includes but is not limited to 70
99		-	discrimination related to pregnancy, child-bearing capacity, 71
100		-	sterilization, fertility or related medical conditions; 72
101		-	(18) "Discrimination on the basis of religious creed" includes but is 73
102		-	not limited to discrimination related to all aspects of religious 74
103		-	observances and practice as well as belief, unless an employer 75
104		-	demonstrates that the employer is unable to reasonably accommodate 76 Substitute Bill No. 6474
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	77	+
	78	+	not include any individual employed by such individual's parents, 44
	79	+	spouse or child; 45
	80	+	(10) "Employer" includes the state and all political subdivisions 46
	81	+	thereof and means any person or employer with three or more persons 47
	82	+	in such person's or employer's employ; 48
	83	+	(11) "Employment agency" means any person undertaking with or 49
	84	+	without compensation to procure employees or opportunities to work; 50
	85	+	(12) "Labor organization" means any organization which exists for the 51
	86	+	purpose, in whole or in part, of collective bargaining or of dealing with 52
	87	+	employers concerning grievances, terms or conditions of employment, 53
	88	+	or of other mutual aid or protection in connection with employment; 54
	89	+	(13) "Intellectual disability" means intellectual disability as defined in 55
	90	+	section 1-1g; 56
	91	+	(14) "Person" means one or more individuals, partnerships, 57
	92	+	associations, corporations, limited liability companies, legal 58
	93	+	representatives, trustees, trustees in bankruptcy, receivers and the state 59
	94	+	and all political subdivisions and agencies thereof; 60
	95	+	(15) "Physically disabled" refers to any individual who has any 61
	96	+	chronic physical handicap, infirmity or impairment, whether congenital 62
	97	+	or resulting from bodily injury, organic processes or changes or from 63
	98	+	illness, including, but not limited to, epilepsy, deafness or being hard of 64
	99	+	hearing or reliance on a wheelchair or other remedial appliance or 65
	100	+	device; 66
	101	+	(16) "Respondent" means any person alleged in a complaint filed 67
	102	+	pursuant to section 46a-82 to have committed a discriminatory practice; 68
	103	+	(17) "Discrimination on the basis of sex" includes but is not limited to 69
	104	+	discrimination related to pregnancy, child-bearing capacity, 70
	105	+	sterilization, fertility or related medical conditions; 71
	106	+	(18) "Discrimination on the basis of religious creed" includes but is 72 Raised Bill No. 6474
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111		-	to an employee's or prospective employee's religious observance or 77
112		-	practice without undue hardship on the conduct of the employer's 78
113		-	business; 79
114		-	(19) "Learning disability" refers to an individual who exhibits a severe 80
115		-	discrepancy between educational performance and measured 81
116		-	intellectual ability and who exhibits a disorder in one or more of the 82
117		-	basic psychological processes involved in understanding or in using 83
118		-	language, spoken or written, which may manifest itself in a diminished 84
119		-	ability to listen, speak, read, write, spell or to do mathematical 85
120		-	calculations; 86
121		-	(20) "Mental disability" refers to an individual who has a record of, or 87
122		-	is regarded as having one or more mental disorders, as defined in the 88
123		-	most recent edition of the American Psychiatric Association's 89
124		-	"Diagnostic and Statistical Manual of Mental Disorders"; [and] 90
125		-	(21) "Gender identity or expression" means a person's gender-related 91
126		-	identity, appearance or behavior, whether or not that gender-related 92
127		-	identity, appearance or behavior is different from that traditionally 93
128		-	associated with the person's physiology or assigned sex at birth, which 94
129		-	gender-related identity can be shown by providing evidence including, 95
130		-	but not limited to, medical history, care or treatment of the gender-96
131		-	related identity, consistent and uniform assertion of the gender-related 97
132		-	identity or any other evidence that the gender-related identity is 98
133		-	sincerely held, part of a person's core identity or not being asserted for 99
134		-	an improper purpose; [.] 100
135		-	(22) "Veteran" means veteran as defined in subsection (a) of section 101
136		-	27-103; 102
137		-	(23) "Criminal history record information" means court records and 103
138		-	information obtained from the Judicial Department relating to arrests, 104
139		-	releases, detentions, indictments, information, other formal criminal 105
140		-	charges or any events and outcomes arising from those arrests, releases, 106
141		-	detentions, including pleas, trials, convictions, sentences, appeals, 107 Substitute Bill No. 6474
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	111	+
	112	+	not limited to discrimination related to all aspects of religious 73
	113	+	observances and practice as well as belief, unless an employer 74
	114	+	demonstrates that the employer is unable to reasonably accommodate 75
	115	+	to an employee's or prospective employee's religious observance or 76
	116	+	practice without undue hardship on the conduct of the employer's 77
	117	+	business; 78
	118	+	(19) "Learning disability" refers to an individual who exhibits a severe 79
	119	+	discrepancy between educational performance and measured 80
	120	+	intellectual ability and who exhibits a disorder in one or more of the 81
	121	+	basic psychological processes involved in understanding or in using 82
	122	+	language, spoken or written, which may manifest itself in a diminished 83
	123	+	ability to listen, speak, read, write, spell or to do mathematical 84
	124	+	calculations; 85
	125	+	(20) "Mental disability" refers to an individual who has a record of, or 86
	126	+	is regarded as having one or more mental disorders, as defined in the 87
	127	+	most recent edition of the American Psychiatric Association's 88
	128	+	"Diagnostic and Statistical Manual of Mental Disorders"; [and] 89
	129	+	(21) "Gender identity or expression" means a person's gender-related 90
	130	+	identity, appearance or behavior, whether or not that gender-related 91
	131	+	identity, appearance or behavior is different from that traditionally 92
	132	+	associated with the person's physiology or assigned sex at birth, which 93
	133	+	gender-related identity can be shown by providing evidence including, 94
	134	+	but not limited to, medical history, care or treatment of the gender-95
	135	+	related identity, consistent and uniform assertion of the gender-related 96
	136	+	identity or any other evidence that the gender-related identity is 97
	137	+	sincerely held, part of a person's core identity or not being asserted for 98
	138	+	an improper purpose; [.] 99
	139	+	(22) "Veteran" means veteran as defined in subsection (a) of section 100
	140	+	27-103; 101
	141	+	(23) "Criminal history record information" means court records and 102
	142	+	information obtained from the Judicial Department relating to arrests, 103
	143	+	releases, detentions, indictments, information, other formal criminal 104 Raised Bill No. 6474
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148		-	incarcerations, correctional supervision, paroles and releases, 108
149		-	outstanding judgments and any other conviction information, as 109
150		-	defined in section 54-142g, or any records, documents and information 110
151		-	based thereon; 111
152		-	(24) "Occupational license" means any licenses, permits, certificates, 112
153		-	registrations, or other means to engage in an occupation, trade, 113
154		-	vocation, profession or business; and 114
155		-	(25) "Licensing agency" means any board, agency, department, 115
156		-	commission or other state agency that has the authority to grant or deny 116
157		-	occupational licenses. 117
158		-	Sec. 3. Section 46a-80 of the general statutes is repealed and the 118
159		-	following is substituted in lieu thereof (Effective October 1, 2021): 119
160		-	(a) Except as provided in subsection (c) of this section, subsection (b) 120
161		-	of section 46a-81, as amended by this act, and section 36a-489, and 121
162		-	notwithstanding any other provisions of law to the contrary, a person 122
163		-	shall not be disqualified from employment or discriminated against in 123
164		-	terms, conditions or privileges of employment by [the state or any of its 124
165		-	agencies] an employer, acting directly or through an agent, nor shall a 125
166		-	person be disqualified to practice, pursue or engage in any occupation, 126
167		-	trade, vocation, profession or business for which a license, permit, 127
168		-	certificate or registration is required to be issued by the state or any of 128
169		-	its agencies solely because of [a prior conviction of a crime] the person's 129
170		-	criminal history record information. 130
171		-	(b) Except for a position for which any provision of the general 131
172		-	statutes specifically disqualifies a person from employment [by the state 132
173		-	or any of its agencies] because of the person's criminal history record 133
174		-	information of a prior conviction of a crime, no employer [, as defined 134
175		-	in section 5-270,] or employment agency shall [inquire about a 135
176		-	prospective employee's past convictions until such prospective 136
177		-	employee has been deemed otherwise qualified for the position. 137
178		-	(c) A person may be denied employment by the state or any of its 138 Substitute Bill No. 6474
	147	+	LCO No. 3505 5 of 14
	148	+
	149	+	charges or any events and outcomes arising from those arrests, releases, 105
	150	+	detentions, including pleas, trials, convictions, sentences, appeals, 106
	151	+	incarcerations, correctional supervision, paroles and releases, 107
	152	+	outstanding judgments and any other conviction information, as 108
	153	+	defined in subsection (c) of section 54-142g, or any records, documents 109
	154	+	and information based thereon; 110
	155	+	(24) "Occupational license" means any licenses, permits, certificates, 111
	156	+	registrations, or other means to engage in an occupation, trade, 112
	157	+	vocation, business or profession; and 113
	158	+	(25) "Licensing agency" means any board, agency, department, 114
	159	+	commission or other state agency which has the authority to grant or 115
	160	+	deny occupational licenses. 116
	161	+	Sec. 3. Section 46a-80 of the general statutes is repealed and the 117
	162	+	following is substituted in lieu thereof (Effective October 1, 2021): 118
	163	+	(a) Except as provided in subsection [(c)] (d) of this section, 119
	164	+	subsection (b) of section 46a-81, as amended by this act, and section 36a-120
	165	+	489, and notwithstanding any other provisions of law to the contrary, a 121
	166	+	person shall not be disqualified from employment or discriminated 122
	167	+	against in terms, conditions or privileges of employment by [the state or 123
	168	+	any of its agencies] an employer, acting directly or through an agent, 124
	169	+	nor shall a person be disqualified to practice, pursue or engage in any 125
	170	+	occupation, trade, vocation, profession or business for which a license, 126
	171	+	permit, certificate or registration is required to be issued by the state or 127
	172	+	any of its agencies solely because of [a prior conviction of a crime] that 128
	173	+	person's criminal history record information. 129
	174	+	(b) Except for a position for which any provision of the general 130
	175	+	statutes specifically disqualifies a person from employment [by the state 131
	176	+	or any of its agencies] because of that person's criminal history record 132
	177	+	information of a prior conviction of a crime, no employer [, as defined 133
	178	+	in section 5-270,] or employment agency shall [inquire about a 134
	179	+	prospective employee's past convictions until such prospective 135
	180	+	employee has been deemed otherwise qualified for the position. 136 Raised Bill No. 6474
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185		-	agencies, or a person may be denied] deny employment, nor may the 139
186		-	state or any of its agencies deny a license, permit, certificate or 140
187		-	registration to pursue, practice or engage in an occupation, trade, 141
188		-	vocation, profession or business, by reason of [the prior conviction of a 142
189		-	crime if, after considering] the person's criminal history record 143
190		-	information, unless, after conducting an individualized assessment, the 144
191		-	employer or employment agency determines in good faith that denial is 145
192		-	consistent with business necessity because: (1) [the nature of the crime 146
193		-	and its relationship to the job for which the person has applied] There is 147
194		-	a substantial nexus between the circumstances of the person's criminal 148
195		-	history record information and the employment the person is seeking or 149
196		-	has, taking into account the specific facts of the criminal history record 150
197		-	information and the essential functions and specific circumstances of the 151
198		-	job; (2) [information pertaining to the degree of rehabilitation of] there 152
199		-	is substantial evidence that the [convicted] person has not been 153
200		-	rehabilitated; and (3) [the] insufficient time has elapsed since the 154
201		-	[conviction or release, the state or any of its agencies determines that the 155
202		-	applicant is not suitable for the position of employment sought or the 156
203		-	specific occupation, trade, vocation, profession or business for which the 157
204		-	license, permit, certificate or registration is sought] acts underlying the 158
205		-	criminal history record information. In making a determination under 159
206		-	subdivision (2) of this subsection, [the state or any of its agencies] an 160
207		-	employer shall give consideration to a provisional pardon issued 161
208		-	pursuant to section 54-130e, or a certificate of rehabilitation issued 162
209		-	pursuant to section 54-108f or 54-130e, and such provisional pardon or 163
210		-	certificate of rehabilitation shall establish a presumption that such 164
211		-	applicant has been rehabilitated. If an application is denied based, in 165
212		-	whole or in part, on [a conviction for which the applicant has received a 166
213		-	provisional pardon or certificate of rehabilitation] a person's criminal 167
214		-	history record information, the [state or any of its agencies, as the case 168
215		-	may be,] employer shall provide a written statement to the applicant of 169
216		-	its reasons for such denial. 170
217		-	(c) Except for a position for which any provision of the general 171
218		-	statutes specifically disqualifies a person from employment because of 172 Substitute Bill No. 6474
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	185	+
	186	+	(c) A person may be denied employment by the state or any of its 137
	187	+	agencies, or a person may be denied] deny employment, nor may the 138
	188	+	state or any of its agencies deny a license, permit, certificate or 139
	189	+	registration to pursue, practice or engage in an occupation, trade, 140
	190	+	vocation, profession or business, by reason of [the prior conviction of a 141
	191	+	crime if, after considering] the person's criminal history record 142
	192	+	information, unless, after conducting an individualized assessment, the 143
	193	+	employer or employment agency determines in good faith that denial is 144
	194	+	consistent with business necessity because: (1) [the nature of the crime 145
	195	+	and its relationship to the job for which the person has applied] There is 146
	196	+	a substantial nexus between the circumstances of the person's criminal 147
	197	+	history record information and the employment the person is seeking or 148
	198	+	has, taking into account the specific facts of the criminal history record 149
	199	+	information and the essential functions and specific circumstances of the 150
	200	+	job; (2) [information pertaining to the degree of rehabilitation of] there 151
	201	+	is substantial evidence that the [convicted] person with criminal history 152
	202	+	record information has not been rehabilitated; and (3) [the] insufficient 153
	203	+	time has elapsed since the [conviction or release, the state or any of its 154
	204	+	agencies determines that the applicant is not suitable for the position of 155
	205	+	employment sought or the specific occupation, trade, vocation, 156
	206	+	profession or business for which the license, permit, certificate or 157
	207	+	registration is sought] acts underlying the criminal history record 158
	208	+	information. In making a determination under subdivision (2) of this 159
	209	+	subsection, [the state or any of its agencies] an employer shall give 160
	210	+	consideration to a provisional pardon issued pursuant to section 54-161
	211	+	130e, or a certificate of rehabilitation issued pursuant to section 54-108f 162
	212	+	or 54-130e, and such provisional pardon or certificate of rehabilitation 163
	213	+	shall establish a presumption that such applicant has been rehabilitated. 164
	214	+	If an application is denied based, in whole or in part, on [a conviction 165
	215	+	for which the applicant has received a provisional pardon or certificate 166
	216	+	of rehabilitation] a person's criminal history record information, the 167
	217	+	[state or any of its agencies, as the case may be,] employer shall provide 168
	218	+	a written statement to the applicant of its reasons for such denial. 169
	219	+	(c) Except for a position for which any provision of the general 170 Raised Bill No. 6474
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225		-	the person's criminal history record information, no employer or 173
226		-	employment agency shall advertise employment opportunities in such 174
227		-	a manner as to restrict such employment for applicants with criminal 175
228		-	history record information. 176
229		-	(d) If [a conviction of a crime] criminal history record information is 177
230		-	used as a basis for rejection of an applicant, such rejection shall be in 178
231		-	writing and specifically state the evidence presented and reasons for 179
232		-	rejection. A copy of such rejection shall be sent by registered mail to the 180
233		-	applicant. 181
234		-	(e) In no case may records of arrest, which are not followed by a 182
235		-	conviction, or records of convictions, which have been erased, be used, 183
236		-	distributed or disseminated by the state or any of its agencies in 184
237		-	connection with an application for employment or for a permit, license, 185
238		-	certificate or registration. 186
239		-	Sec. 4. Section 46a-81 of the general statutes is repealed and the 187
240		-	following is substituted in lieu thereof (Effective October 1, 2021): 188
241		-	(a) Except as provided in section 36a-489, the provisions of sections 189
242		-	46a-79 to 46a-81, inclusive, as amended by this act, shall prevail over any 190
243		-	other provisions of law which purport to govern the denial of [licenses, 191
244		-	permits, certificates, registrations, or other means to engage in an 192
245		-	occupation, trade, vocation, business or profession,] occupational 193
246		-	licenses on the grounds of a person's criminal history record information 194
247		-	or on the grounds of lack of good moral character, or which purport to 195
248		-	govern the suspension or revocation of [a license, permit, certificate or 196
249		-	registration] an occupational license on the grounds of [conviction of a 197
250		-	crime] a person's criminal history record information. An occupational 198
251		-	license shall not be denied to any person on the basis of that person's 199
252		-	criminal history record information unless, after conducting an 200
253		-	individualized assessment, the licensing agency responsible for the 201
254		-	issuance of the occupational license determines in good faith that denial 202
255		-	is consistent with business necessity because: (1) There is a substantial 203
256		-	nexus between the circumstances of the person's criminal history record 204 Substitute Bill No. 6474
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	224	+
	225	+	statutes specifically disqualifies a person from employment because of 171
	226	+	that person's criminal history record information, no employer or 172
	227	+	employment agency shall advertise employment opportunities in such 173
	228	+	a manner as to restrict such employment for applicants with criminal 174
	229	+	history record information. 175
	230	+	(d) If [a conviction of a crime] criminal history record information is 176
	231	+	used as a basis for rejection of an applicant, such rejection shall be in 177
	232	+	writing and specifically state the evidence presented and reasons for 178
	233	+	rejection. A copy of such rejection shall be sent by registered mail to the 179
	234	+	applicant. 180
	235	+	(e) In no case may records of arrest, which are not followed by a 181
	236	+	conviction, or records of convictions, which have been erased, be used, 182
	237	+	distributed or disseminated by the state or any of its agencies in 183
	238	+	connection with an application for employment or for a permit, license, 184
	239	+	certificate or registration. 185
	240	+	Sec. 4. Section 46a-81 of the general statutes is repealed and the 186
	241	+	following is substituted in lieu thereof (Effective October 1, 2021): 187
	242	+	(a) Except as provided in section 36a-489, the provisions of sections 188
	243	+	46a-79 to 46a-81, inclusive, as amended by this act, shall prevail over any 189
	244	+	other provisions of law which purport to govern the denial of [licenses, 190
	245	+	permits, certificates, registrations, or other means to engage in an 191
	246	+	occupation, trade, vocation, business or profession,] occupational 192
	247	+	licenses on the grounds of a person's criminal history record information 193
	248	+	or on the grounds of lack of good moral character, or which purport to 194
	249	+	govern the suspension or revocation of [a license, permit, certificate or 195
	250	+	registration] an occupational license on the grounds of [conviction of a 196
	251	+	crime] a person's criminal history record information. An occupational 197
	252	+	license shall not be denied to any person on the basis of that person's 198
	253	+	criminal history record information unless, after conducting an 199
	254	+	individualized assessment, the licensing agency responsible for the 200
	255	+	issuance of the occupational license determines in good faith that denial 201
	256	+	is consistent with business necessity because: (1) There is a substantial 202 Raised Bill No. 6474
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263		-	information and the occupational license the person is seeking or has, 205
264		-	taking into account the specific facts of the criminal history record 206
265		-	information and the essential functions of a person holding such 207
266		-	occupational license; (2) there is substantial evidence that the person has 208
267		-	not been rehabilitated; and (3) insufficient time has elapsed since the acts 209
268		-	underlying the person's criminal history record information. In making 210
269		-	a determination under subdivision (2) of this subsection, the licensing 211
270		-	agency shall give consideration to a provisional pardon issued pursuant 212
271		-	to section 54-130e, or a certificate of rehabilitation issued pursuant to 213
272		-	section 54-108f or 54-130e, and such provisional pardon or certificate of 214
273		-	rehabilitation shall establish a presumption that such applicant has been 215
274		-	rehabilitated. If an application for an occupational license is denied 216
275		-	based, in whole or in part, on criminal history record information, the 217
276		-	licensing agency shall provide a written statement to the applicant of its 218
277		-	reasons for such denial. 219
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	261	+
	262	+	nexus between the circumstances of the person's criminal history record 203
	263	+	information and the occupational license the person is seeking or has, 204
	264	+	taking into account the specific facts of the criminal history record 205
	265	+	information and the essential functions of a person holding such 206
	266	+	occupational license; (2) there is substantial evidence that the person 207
	267	+	with criminal history record information has not been rehabilitated; and 208
	268	+	(3) insufficient time has elapsed since the acts underlying the person's 209
	269	+	criminal history record information. In making a determination under 210
	270	+	subdivision (2) of this subsection, the licensing agency shall give 211
	271	+	consideration to a provisional pardon issued pursuant to section 54-212
	272	+	130e, or a certificate of rehabilitation issued pursuant to section 54-108f 213
	273	+	or 54-130e, and such provisional pardon or certificate of rehabilitation 214
	274	+	shall establish a presumption that such applicant has been rehabilitated. 215
	275	+	If an application for an occupational license is denied based, in whole or 216
	276	+	in part, on criminal history record information, the licensing agency 217
	277	+	shall provide a written statement to the applicant of its reasons for such 218
	278	+	denial. 219
278	279		(b) Sections 46a-79 to 46a-81, inclusive, as amended by this act, shall 220
279	280		not be applicable to any law enforcement agency, and it is not a 221
280	281		discriminatory practice for a law enforcement agency to refuse to hire 222
281	282		or employ or to bar or to discharge from employment any person or to 223
282	283		discriminate against that person in compensation or in terms, conditions 224
283	284		or privileges of employment on the basis of that person's criminal 225
284	285		history record information, provided nothing herein shall be construed 226
285	286		to preclude a law enforcement agency in its discretion from adopting 227
286		-	the [policy] policies set forth in [said sections] this section, section 7 of 228
287		-	this act and sections 46a-51, as amended by this act, 46a-74, as amended 229
288		-	by this act, 46a-79, as amended by this act, and 46a-80, as amended by 230
289		-	this act, or the recommendations made by the Council on the 231
290		-	Elimination of Occupational License Collateral Consequences pursuant 232
291		-	to section 8 of this act. 233
292		-	Sec. 5. Section 46a-59 of the general statutes is repealed and the 234
293		-	following is substituted in lieu thereof (Effective October 1, 2021): 235
294		-	(a) It shall be a discriminatory practice in violation of this section for 236
295		-	any association, board or other organization the principal purpose of 237 Substitute Bill No. 6474
	287	+	the policy set forth in [said] this section, sections 7 and 9 of this act and 228
	288	+	sections 46a-51, as amended by this act, 46a-74, as amended by this act, 229
	289	+	46a-79, as amended by this act, 46a-80, as amended by this act. 230
	290	+	Sec. 5. Section 46a-59 of the general statutes is repealed and the 231
	291	+	following is substituted in lieu thereof (Effective October 1, 2021): 232
	292	+	(a) It shall be a discriminatory practice in violation of this section for 233
	293	+	any association, board or other organization the principal purpose of 234
	294	+	which is the furtherance of the professional or occupational interests of 235 Raised Bill No. 6474
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302		-	which is the furtherance of the professional or occupational interests of 238
303		-	its members, whose profession, trade or occupation requires a state 239
304		-	license, to refuse to accept a person as a member of such association, 240
305		-	board or organization because of [his] such person's race, national 241
306		-	origin, creed, sex, gender identity or expression, color, [or] status as a 242
307		-	veteran or criminal history record information. 243
308		-	(b) Any association, board or other organization which violates the 244
309		-	provisions of this section shall be fined not less than one hundred 245
310		-	dollars nor more than five hundred dollars. 246
311		-	Sec. 6. Section 46a-74 of the general statutes is repealed and the 247
312		-	following is substituted in lieu thereof (Effective October 1, 2021): 248
313		-	No state department, board or agency may perm it any 249
314		-	discriminatory practice in violation of section 46a-59, as amended by 250
315		-	this act, 46a-64, [or] 46a-64c or 46a-80, as amended by this act. 251
316		-	Sec. 7. (NEW) (Effective October 1, 2021) (a) To the extent that other 252
317		-	governing laws, including, but not limited to, the laws of the United 253
318		-	States, mandate that an employer discriminate on the basis of criminal 254
319		-	history record information, such other governing law is a defense to a 255
320		-	claim of discriminatory practice. 256
321		-	(b) In a civil action for the death to, injury of, or damage to a third 257
322		-	person caused by the intentional act of a person with criminal history 258
323		-	record information, any person who employs such person with criminal 259
324		-	history record information shall be presumed to have been not negligent 260
325		-	in entering into transactions mandated by relevant provisions of the 261
326		-	general statutes. 262
327		-	Sec. 8. (NEW) (Effective July 1, 2021) (a) There is established a Council 263
328		-	on the Elimination of Occupational License Collateral Consequences, 264
329		-	which shall be part of the Legislative Department. The council shall 265
330		-	identify any and all state statutes or regulations that create barriers for 266
331		-	a person to obtain an occupational license on the basis of the person's 267
332		-	criminal history record information or that otherwise conflict with 268 Substitute Bill No. 6474
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	299	+
	300	+	its members, whose profession, trade or occupation requires a state 236
	301	+	license, to refuse to accept a person as a member of such association, 237
	302	+	board or organization because of [his] such person's race, national 238
	303	+	origin, creed, sex, gender identity or expression, color, [or] status as a 239
	304	+	veteran or criminal history record information. 240
	305	+	(b) Any association, board or other organization which violates the 241
	306	+	provisions of this section shall be fined not less than one hundred 242
	307	+	dollars nor more than five hundred dollars. 243
	308	+	Sec. 6. Section 46a-74 of the general statutes is repealed and the 244
	309	+	following is substituted in lieu thereof (Effective October 1, 2021): 245
	310	+	No state department, board or agency may permit any 246
	311	+	discriminatory practice in violation of section 46a-59, as amended by 247
	312	+	this act, 46a-64, [or] 46a-64c or 46a-80, as amended by this act. 248
	313	+	Sec. 7. (NEW) (Effective October 1, 2021) (a) To the extent that other 249
	314	+	governing laws, including, but not limited to, the laws of the United 250
	315	+	States of America, mandate that an employer discriminate on the basis 251
	316	+	of criminal history record information, such other governing law is a 252
	317	+	defense to a claim of discriminatory practice. 253
	318	+	(b) In a civil action for the death to, injury of, or damage to a third 254
	319	+	person caused by the intentional act of a person with criminal history 255
	320	+	record information, any person who employs such person with criminal 256
	321	+	history record information shall be presumed to have been not negligent 257
	322	+	in entering into transactions mandated by relevant provisions of the 258
	323	+	general statutes. 259
	324	+	Sec. 8. Section 46a-51 of the general statutes is repealed and the 260
	325	+	following is substituted in lieu thereof (Effective October 1, 2021): 261
	326	+	As used in section 4a-60a and this chapter: 262
	327	+	(1) "Blind" refers to an individual whose central visual acuity does 263
	328	+	not exceed 20/200 in the better eye with correcting lenses, or whose 264
	329	+	visual acuity is greater than 20/200 but is accompanied by a limitation 265 Raised Bill No. 6474
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339		-	subsection (a) of section 46a-81 of the general statutes, as amended by 269
340		-	this act, and shall develop recommendations for amending or 270
341		-	eliminating all such state statutes or regulations to ensure compliance 271
342		-	with section 7 of this act, section 46a-51 of the general statutes, as 272
343		-	amended by this act, section 46a-74 of the general statutes, as amended 273
344		-	by this act, section 46a-79 of the general statutes, as amended by this act, 274
345		-	and section 46a-80 of the general statutes, as amended by this act. 275
346		-	(b) The council shall consist of the following members: (1) The House 276
347		-	chairperson of the joint standing committee of the General Assembly 277
348		-	having cognizance of matters relating to labor and public employees or 278
349		-	the chairperson's designee, who shall be a member of the General 279
350		-	Assembly; (2) the Senate chairperson of the joint standing committee of 280
351		-	the General Assembly having cognizance of matters relating to labor 281
352		-	and public employees, or the chairperson's designee, who shall be a 282
353		-	member of the General Assembly; (3) the House and Senate ranking 283
354		-	members of the joint standing committee of the General Assembly 284
355		-	having cognizance of matters relating to labor and public employees or 285
356		-	their designees, who shall be members of the General Assembly; (4) the 286
357		-	Labor Commissioner, or the commissioner's designee; (5) the 287
358		-	Commissioner of Consumer Protection, or the commissioner's designee; 288
359		-	(6) the executive director of the Connecticut Commission on Human 289
360		-	Rights and Opportunities, or the executive director's designee; (7) a 290
361		-	justice-impacted person, to be appointed by the House chairperson of 291
362		-	the joint standing committee of the General Assembly having 292
363		-	cognizance of matters relating to labor and public employees; (8) a 293
364		-	representative from the American Civil Liberties Union of Connecticut, 294
365		-	to be appointed by the Senate chairperson of the joint standing 295
366		-	committee of the General Assembly having cognizance of matters 296
367		-	relating to labor and public employees; and (9) a representative from the 297
368		-	Institute for Municipal and Regional Policy at Central Connecticut State 298
369		-	University, to be appointed by the House chairperson of the joint 299
370		-	standing committee of the General Assembly having cognizance of 300
371		-	matters relating to labor and public employees. 301 Substitute Bill No. 6474
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	334	+
	335	+	in the fields of vision such that the widest diameter of the visual field 266
	336	+	subtends an angle no greater than twenty degrees; 267
	337	+	(2) "Commission" means the Commission on Human Rights and 268
	338	+	Opportunities created by section 46a-52; 269
	339	+	(3) "Commission legal counsel" means a member of the legal staff 270
	340	+	employed by the commission pursuant to section 46a-54; 271
	341	+	(4) "Commissioner" means a member of the commission; 272
	342	+	(5) "Court" means the Superior Court or any judge of said court; 273
	343	+	(6) "Discrimination" includes segregation and separation; 274
	344	+	(7) "Discriminatory employment practice" means any discriminatory 275
	345	+	practice specified in section 46a-60, [or] 46a-81c or 46a-80, as amended 276
	346	+	by this act; 277
	347	+	(8) "Discriminatory practice" means a violation of section 4a-60, 4a-278
	348	+	60a, 4a-60g, 31-40y, subparagraph (C) of subdivision (15) of section 46a-279
	349	+	54, subdivisions (16) and (17) of section 46a-54, section 46a-58, 46a-59, as 280
	350	+	amended by this act, 46a-60, 46a-64, 46a-64c, 46a-66, 46a-68, 46a-68c to 281
	351	+	46a-68f, inclusive, [or] 46a-70 to 46a-78, inclusive, [subsection (a) of] 282
	352	+	section 46a-80, as amended by this act, or sections 46a-81b to 46a-81o, 283
	353	+	inclusive; 284
	354	+	(9) "Employee" means any person employed by an employer but shall 285
	355	+	not include any individual employed by such individual's parents, 286
	356	+	spouse or child; 287
	357	+	(10) "Employer" includes the state and all political subdivisions 288
	358	+	thereof and means any person or employer with three or more persons 289
	359	+	in such person's or employer's employ; 290
	360	+	(11) "Employment agency" means any person undertaking with or 291
	361	+	without compensation to procure employees or opportunities to work; 292
	362	+	(12) "Labor organization" means any organization which exists for the 293 Raised Bill No. 6474
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378		-	(c) The House and Senate chairpersons of the joint standing 302
379		-	committee of the General Assembly having cognizance of matters 303
380		-	relating to labor and public employees shall serve as the chairpersons of 304
381		-	the council. 305
382		-	(d) The chairpersons of the council shall schedule the first meeting of 306
383		-	the council, which shall be held not later than September 1, 2021. 307
384		-	Thereafter, the council shall meet upon the call of the chairpersons or 308
385		-	upon the call of a majority of the council members. 309
386		-	(e) The administrative staff of the joint standing committee of the 310
387		-	General Assembly having cognizance of matters relating to labor and 311
388		-	public employees shall serve as administrative staff of the council. 312
389		-	(f) Not later than February 1, 2022, the council shall submit a report, 313
390		-	in accordance with the provisions of section 11-4a of the general statutes, 314
391		-	on its recommendations to the joint standing committee of the General 315
392		-	Assembly having cognizance of matters relating to labor and public 316
393		-	employees. 317
394		-	Sec. 9. Subsection (a) of section 19a-14 of the general statutes is 318
395		-	repealed and the following is substituted in lieu thereof (Effective October 319
396		-	1, 2021): 320
397		-	(a) The Department of Public Health shall have the following powers 321
398		-	and duties with regard to the boards and commissions listed in 322
399		-	subsection (b) of this section which are within the Department of Public 323
400		-	Health. The department shall: 324
401		-	(1) Control the allocation, disbursement and budgeting of funds 325
402		-	appropriated to the department for the operation of the boards and 326
403		-	commissions; 327
404		-	(2) Employ and assign such personnel as the commissioner deems 328
405		-	necessary for the performance of the functions of the boards and 329
406		-	commissions; 330 Substitute Bill No. 6474
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	368	+	purpose, in whole or in part, of collective bargaining or of dealing with 294
	369	+	employers concerning grievances, terms or conditions of employment, 295
	370	+	or of other mutual aid or protection in connection with employment; 296
	371	+	(13) "Intellectual disability" means intellectual disability as defined in 297
	372	+	section 1-1g; 298
	373	+	(14) "Person" means one or more individuals, partnerships, 299
	374	+	associations, corporations, limited liability companies, legal 300
	375	+	representatives, trustees, trustees in bankruptcy, receivers and the state 301
	376	+	and all political subdivisions and agencies thereof; 302
	377	+	(15) "Physically disabled" refers to any individual who has any 303
	378	+	chronic physical handicap, infirmity or impairment, whether congenital 304
	379	+	or resulting from bodily injury, organic processes or changes or from 305
	380	+	illness, including, but not limited to, epilepsy, deafness or being hard of 306
	381	+	hearing or reliance on a wheelchair or other remedial appliance or 307
	382	+	device; 308
	383	+	(16) "Respondent" means any person alleged in a complaint filed 309
	384	+	pursuant to section 46a-82 to have committed a discriminatory practice; 310
	385	+	(17) "Discrimination on the basis of sex" includes but is not limited to 311
	386	+	discrimination related to pregnancy, child-bearing capacity, 312
	387	+	sterilization, fertility or related medical conditions; 313
	388	+	(18) "Discrimination on the basis of religious creed" includes but is 314
	389	+	not limited to discrimination related to all aspects of religious 315
	390	+	observances and practice as well as belief, unless an employer 316
	391	+	demonstrates that the employer is unable to reasonably accommodate 317
	392	+	to an employee's or prospective employee's religious observance or 318
	393	+	practice without undue hardship on the conduct of the employer's 319
	394	+	business; 320
	395	+	(19) "Learning disability" refers to an individual who exhibits a severe 321
	396	+	discrepancy between educational performance and measured 322
	397	+	intellectual ability and who exhibits a disorder in one or more of the 323 Raised Bill No. 6474
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413		-	(3) Perform all management functions including purchasing, 331
414		-	bookkeeping, accounting, payroll, secretarial, clerical and routine 332
415		-	housekeeping functions; 333
416		-	(4) Adopt, with the advice and assistance of the appropriate board or 334
417		-	commission, and in accordance with chapter 54, any regulations which 335
418		-	are consistent with protecting the public health and safety and which 336
419		-	are necessary to implement the purposes of this chapter and chapters 337
420		-	368v, 369 to 375, inclusive, 378 to 381, inclusive, 383 to 388, inclusive, 398 338
421		-	and 399; 339
422		-	(5) Develop and perform all administrative functions necessary to 340
423		-	process applications for licenses and certificates; 341
424		-	(6) Determine the eligibility of all applicants for permits, licensure, 342
425		-	certification or registration, based upon compliance with the general 343
426		-	statutes and administrative regulations. The department may deny the 344
427		-	eligibility of an applicant for a permit or for licensure by examination, 345
428		-	endorsement, reciprocity or for reinstatement of a license voided 346
429		-	pursuant to subsection (f) of section 19a-88, voluntarily surrendered or, 347
430		-	by agreement, not renewed or reinstated pursuant to subsection (d) of 348
431		-	section 19a-17, as amended by this act, or may issue a license pursuant 349
432		-	to a consent order containing conditions that must be met by the 350
433		-	applicant if the department determines that the applicant: 351
434		-	(A) Has failed to comply with the general statutes and administrative 352
435		-	regulations governing the applicant's profession; 353
436		-	(B) Except any applicant for licensure as an embalmer and funeral 354
437		-	director under chapter 385, a barber under chapter 386 or a hairdresser 355
438		-	and cosmetician under chapter 387, has been found guilty or convicted 356
439		-	as a result of an act which constitutes a felony under (i) the laws of this 357
440		-	state, (ii) federal law or (iii) the laws of another jurisdiction and which, 358
441		-	if committed within this state, would have constituted a felony under 359
442		-	the laws of this state; 360
443		-	(C) Is subject to a pending disciplinary action or unresolved 361 Substitute Bill No. 6474
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	402	+
	403	+	basic psychological processes involved in understanding or in using 324
	404	+	language, spoken or written, which may manifest itself in a diminished 325
	405	+	ability to listen, speak, read, write, spell or to do mathematical 326
	406	+	calculations; 327
	407	+	(20) "Mental disability" refers to an individual who has a record of, or 328
	408	+	is regarded as having one or more mental disorders, as defined in the 329
	409	+	most recent edition of the American Psychiatric Association's 330
	410	+	"Diagnostic and Statistical Manual of Mental Disorders"; [and] 331
	411	+	(21) "Gender identity or expression" means a person's gender-related 332
	412	+	identity, appearance or behavior, whether or not that gender-related 333
	413	+	identity, appearance or behavior is different from that traditionally 334
	414	+	associated with the person's physiology or assigned sex at birth, which 335
	415	+	gender-related identity can be shown by providing evidence including, 336
	416	+	but not limited to, medical history, care or treatment of the gender-337
	417	+	related identity, consistent and uniform assertion of the gender-related 338
	418	+	identity or any other evidence that the gender-related identity is 339
	419	+	sincerely held, part of a person's core identity or not being asserted for 340
	420	+	an improper purpose; and [.] 341
	421	+	(22) "Veteran" means veteran as defined in subsection (a) of section 342
	422	+	27-103. 343
	423	+	Sec. 9. (NEW) (Effective July 1, 2021) (a) There is established a Council 344
	424	+	on the Elimination of Occupational License Collateral Consequences, 345
	425	+	which shall be part of the Legislative Department. The Council on the 346
	426	+	Elimination of Occupational License Collateral Consequences shall 347
	427	+	identify any and all state statutes, regulations and other state governing 348
	428	+	law that create barriers for a person to obtain an occupational license on 349
	429	+	the basis of that person's criminal history record information or that 350
	430	+	otherwise conflict with subsection (a) of section 46a-81 of the general 351
	431	+	statutes, as amended by this act, and shall develop recommendations 352
	432	+	for amending or eliminating all such state statutes, regulations and 353
	433	+	other state governing law to ensure their compliance with this section, 354
	434	+	section 7 of this act, section 46a-51 of the general statutes, as amended 355 Raised Bill No. 6474
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450		-	complaint before the duly authorized professional disciplinary agency 362
451		-	of any state, the District of Columbia, a United States possession or 363
452		-	territory, or a foreign jurisdiction; 364
453		-	(D) Has been subject to disciplinary action similar to an action 365
454		-	specified in subsection (a) of section 19a-17, as amended by this act, by 366
455		-	a duly authorized professional disciplinary agency of any state, the 367
456		-	District of Columbia, a United States possession or territory, or a foreign 368
457		-	jurisdiction; 369
458		-	(E) Has committed an act which, if the applicant were licensed, would 370
459		-	not conform to the accepted standards of practice of the profession, 371
460		-	including, but not limited to, incompetence, negligence, fraud or deceit; 372
461		-	illegal conduct; procuring or attempting to procure a license, certificate 373
462		-	or registration by fraud or deceit; or engaging in, aiding or abetting 374
463		-	unlicensed practice of a regulated profession, provided the 375
464		-	commissioner, or the commissioner's designee, gives notice and holds a 376
465		-	hearing, in accordance with the provisions of chapter 54, prior to 377
466		-	denying an application for a permit or a license based on this 378
467		-	subparagraph; or 379
468		-	(F) Has a condition which would interfere with the practice of the 380
469		-	applicant's profession, including, but not limited to, physical illness or 381
470		-	loss of skill or deterioration due to the aging process, emotional disorder 382
471		-	or mental illness, abuse or excessive use of drugs or alcohol, provided 383
472		-	the commissioner, or the commissioner's designee, gives notice and 384
473		-	holds a hearing in accordance with the provisions of chapter 54, prior to 385
474		-	denying an application for a permit or a license based on this 386
475		-	subparagraph; 387
476		-	(7) Administer licensing examinations under the supervision of the 388
477		-	appropriate board or commission; 389
478		-	(8) Develop and perform all administrative functions necessary to 390
479		-	process complaints against persons licensed by the department; 391
480		-	(9) Consent to the approval or disapproval by the appropriate boards 392 Substitute Bill No. 6474
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	439	+
	440	+	by this act, section 46a-74 of the general statutes, as amended by this act, 356
	441	+	section 46a-79 of the general statutes, as amended by this act, and section 357
	442	+	46a-80 of the general statutes, as amended by this act. 358
	443	+	(b) The Council on the Elimination of Occupational License Collateral 359
	444	+	Consequences shall consist of the following members: (1) The House 360
	445	+	chairperson of the joint standing committee of the General Assembly 361
	446	+	having cognizance of matters relating to labor and public employees or 362
	447	+	the chairperson's designee, who shall be a member of the General 363
	448	+	Assembly; (2) the Senate chairperson of the joint standing committee of 364
	449	+	the General Assembly having cognizance of matters relating to labor 365
	450	+	and public employees, or the chairperson's designee, who shall be a 366
	451	+	member of the General Assembly; (3) the House and Senate ranking 367
	452	+	members of the joint standing committee of the General Assembly 368
	453	+	having cognizance of matters relating to labor and public employees or 369
	454	+	their designees, who shall be members of the General Assembly; (4) the 370
	455	+	Labor Commissioner, or the commissioner's designee; (5) the 371
	456	+	Commissioner of Consumer Protection, or the commissioner's designee; 372
	457	+	(6) the executive director of the Connecticut Commission on Human 373
	458	+	Rights and Opportunities, or the executive director's designee; (7) a 374
	459	+	justice-impacted person, to be appointed by the House chairperson of 375
	460	+	the joint standing committee of the General Assembly having 376
	461	+	cognizance of matters relating to labor and public employees; (8) a 377
	462	+	representative from the American Civil Liberties Union of Connecticut, 378
	463	+	to be appointed by the Senate chairperson of the joint standing 379
	464	+	committee of the General Assembly having cognizance of matters 380
	465	+	relating to labor and public employees; and (9) a representative from the 381
	466	+	Institute for Municipal and Regional Policy, to be appointed by the 382
	467	+	House chairperson of the joint standing committee of the General 383
	468	+	Assembly having cognizance of matters relating to labor and public 384
	469	+	employees. 385
	470	+	(c) The House and Senate chairpersons of the joint standing 386
	471	+	committee of the General Assembly having cognizance of matters 387
	472	+	relating to labor and public employees shall serve as the chairpersons of 388
	473	+	the council. 389 Raised Bill No. 6474
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487		-	or commissions of schools at which educational requirements shall be 393
488		-	met; 394
489		-	(10) Conduct any necessary review, inspection or investigation 395
490		-	regarding qualifications of applicants for licenses or certificates, 396
491		-	possible violations of statutes or regulations, and disciplinary matters. 397
492		-	In connection with any investigation, the Commissioner of Public 398
493		-	Health or the commissioner's authorized agent may administer oaths, 399
494		-	issue subpoenas, compel testimony and order the production of books, 400
495		-	records and documents. If any person refuses to appear, to testify or to 401
496		-	produce any book, record or document when so ordered, a judge of the 402
497		-	Superior Court may make such order as may be appropriate to aid in 403
498		-	the enforcement of this section; 404
499		-	(11) Conduct any necessary investigation and follow-up in 405
500		-	connection with complaints regarding persons subject to regulation or 406
501		-	licensing by the department. In connection with any such investigation, 407
502		-	the department may restrict, suspend or otherwise limit the license or 408
503		-	permit of any person subject to regulation or licensing by the 409
504		-	department pursuant to an interim consent order entered during the 410
505		-	pendency of such investigation; 411
506		-	(12) With respect to any complaint filed with the department on or 412
507		-	after October 1, 2010, alleging incompetence, negligence, fraud or deceit 413
508		-	by a person subject to regulation or licensing by any board or 414
509		-	commission described in subdivision (1) to (5), inclusive, (7), (8), (12) to 415
510		-	(14), inclusive, or (16) of subsection (b) of this section: 416
511		-	(A) Upon request of the person who filed the complaint, provide such 417
512		-	person with information on the status of the complaint; 418
513		-	(B) Upon request of the person who filed the complaint, provide such 419
514		-	person with an opportunity to review, at the department, records 420
515		-	compiled as of the date of the request pursuant to any investigation of 421
516		-	the complaint, including, but not limited to, the respondent's written 422
517		-	response to the complaint, except that such person shall not be entitled 423 Substitute Bill No. 6474
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523		-
524		-	to copy such records and the department (i) shall not disclose (I) 424
525		-	information concerning a health care professional's referral to, 425
526		-	participation in or completion of an assistance program in accordance 426
527		-	with sections 19a-12a and 19a-12b, that is confidential pursuant to 427
528		-	section 19a-12a, (II) information not related to such person's specific 428
529		-	complaint, including, but not limited to, information concerning 429
530		-	patients other than such person, or (III) personnel or medical records 430
531		-	and similar files the disclosure of which would constitute an invasion of 431
532		-	personal privacy pursuant to section 1-210, except for such records or 432
533		-	similar files solely related to such person; (ii) shall not be required to 433
534		-	disclose any other information that is otherwise confidential pursuant 434
535		-	to federal law or state statute, except for information solely related to 435
536		-	such person; and (iii) may require up to ten business days written notice 436
537		-	prior to providing such opportunity for review; 437
538		-	(C) Prior to resolving the complaint with a consent order, provide the 438
539		-	person who filed the complaint with not less than ten business days to 439
540		-	submit a written statement as to whether such person objects to 440
541		-	resolving the complaint with a consent order; 441
542		-	(D) If a hearing is held with respect to such complaint after a finding 442
543		-	of probable cause, provide the person who filed the complaint with a 443
544		-	copy of the notice of hearing issued pursuant to section 4-177, which 444
545		-	shall include information concerning the opportunity to present oral or 445
546		-	written statements pursuant to subsection (b) of section 4-177c; and 446
547		-	(E) Notify the person who filed the complaint of the final disposition 447
548		-	of such complaint not later than seven business days after such final 448
549		-	disposition; 449
550		-	(13) Perform any other function necessary to the effective operation 450
551		-	of a board or commission and not specifically vested by statute in the 451
552		-	board or commission; 452
553		-	(14) Contract with a third party, if the commissioner deems 453
554		-	necessary, to administer licensing examinations and perform all 454 Substitute Bill No. 6474
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560		-
561		-	attendant administrative functions in connection with such 455
562		-	examination; and 456
563		-	(15) With respect to any investigation of a person subject to 457
564		-	regulation, licensing or certification by the department and in any 458
565		-	disciplinary proceeding regarding such person, except as required by 459
566		-	federal law: 460
567		-	(A) Not be denied access to or use of copies of patient medical records 461
568		-	on the grounds that privilege or confidentiality applies to such records; 462
569		-	and 463
570		-	(B) Not further disclose patient medical records received pursuant to 464
571		-	the provisions of this subdivision or personnel records received during 465
572		-	the course of the investigation. Patient records received pursuant to this 466
573		-	subdivision or personnel records received during the course of the 467
574		-	investigation shall not be subject to disclosure under section 1-210. 468
575		-	Sec. 10. Subsection (a) of section 19a-17 of the general statutes is 469
576		-	repealed and the following is substituted in lieu thereof (Effective October 470
577		-	1, 2021): 471
578		-	(a) Each board or commission established under chapters 369 to 376, 472
579		-	inclusive, 378 to 381, inclusive, and 383 to 388, inclusive, and the 473
580		-	Department of Public Health with respect to professions under its 474
581		-	jurisdiction that have no board or commission may take any of the 475
582		-	following actions, singly or in combination, based on conduct that 476
583		-	occurred prior or subsequent to the issuance of a permit or a license 477
584		-	upon finding the existence of good cause: 478
585		-	(1) Revoke a practitioner's license or permit; 479
586		-	(2) Suspend a practitioner's license or permit; 480
587		-	(3) Censure a practitioner or permittee; 481
588		-	(4) Issue a letter of reprimand to a practitioner or permittee; 482 Substitute Bill No. 6474
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594		-
595		-	(5) Restrict or otherwise limit practice to those areas prescribed by the 483
596		-	board, commission or department; 484
597		-	(6) Place a practitioner or permittee on probationary status and 485
598		-	require the practitioner or permittee to: 486
599		-	(A) Report regularly to such board, commission or department upon 487
600		-	the matters which are the basis of probation; 488
601		-	(B) Limit practice to those areas prescribed by such board, 489
602		-	commission or department; 490
603		-	(C) Continue or renew professional education until a satisfactory 491
604		-	degree of skill has been attained in those areas which are the basis for 492
605		-	the probation; 493
606		-	(7) Assess a civil penalty of up to twenty-five thousand dollars; 494
607		-	(8) In those cases involving persons or entities licensed or certified 495
608		-	pursuant to sections 20-341d, 20-435, 20-436, 20-437, 20-438, 20-475 and 496
609		-	20-476, require that restitution be made to an injured property owner; 497
610		-	or 498
611		-	(9) Summarily take any action specified in this subsection against a 499
612		-	practitioner's license or permit upon receipt of proof that such 500
613		-	practitioner has been: 501
614		-	(A) [Found] Except for a practitioner who is a social worker under 502
615		-	chapter 383b, a professional counselor under chapter 383c, an art 503
616		-	therapist under chapter 383g, a dietitian-nutritionist under chapter 504
617		-	384b, an embalmer or funeral director under chapter 385, a barber under 505
618		-	chapter 386, a hairdresser, cosmetician, esthetician, eyelash technician 506
619		-	or nail technician under chapter 387, found guilty or convicted as a 507
620		-	result of an act which constitutes a felony under (i) the laws of this state, 508
621		-	(ii) federal law, or (iii) the laws of another jurisdiction and which, if 509
622		-	committed within this state, would have constituted a felony under the 510
623		-	laws of this state; or 511 Substitute Bill No. 6474
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629		-
630		-	(B) Subject to disciplinary action similar to that specified in this 512
631		-	subsection by a duly authorized professional agency of any state, the 513
632		-	federal government, the District of Columbia, a United States possession 514
633		-	or territory or a foreign jurisdiction. The applicable board or 515
634		-	commission, or the department shall promptly notify the practitioner or 516
635		-	permittee that his license or permit has been summarily acted upon 517
636		-	pursuant to this subsection and shall institute formal proceedings for 518
637		-	revocation within ninety days after such notification. 519
638		-	Sec. 11. Section 20-195p of the general statutes is repealed and the 520
639		-	following is substituted in lieu thereof (Effective October 1, 2021): 521
640		-	The commissioner may take any action set forth in section 19a-17, as 522
641		-	amended by this act, if the license holder fails to conform to the accepted 523
642		-	standards of the social work profession, including, but not limited to, 524
643		-	the following: Conviction of a felony that is reasonably related to the 525
644		-	license holder's ability to safely or competently perform the duties or 526
645		-	responsibilities associated with such license; fraud or deceit in obtaining 527
646		-	or seeking reinstatement of a license to practice clinical social work; 528
647		-	fraud or deceit in the practice of social work; negligent, incompetent or 529
648		-	wrongful conduct in professional activities; emotional disorder or 530
649		-	mental illness; physical illness, including, but not limited to, 531
650		-	deterioration through the aging process; abuse or excessive use of drugs, 532
651		-	including alcohol, narcotics or chemicals; wilful falsification of entries 533
652		-	in any hospital, patient or other record pertaining to social work; 534
653		-	violation of any provision of this chapter or any regulation adopted 535
654		-	hereunder. The Commissioner of Public Health may order a license 536
655		-	holder to submit to a reasonable physical or mental examination if his 537
656		-	physical or mental capacity to practice safely is the subject of an 538
657		-	investigation. Said commissioner may petition the superior court for the 539
658		-	judicial district of Hartford to enforce such order or any action taken 540
659		-	pursuant to [said] section 19a-17, as amended by this act. Notice of any 541
660		-	contemplated action under [said] section 19a-17, as amended by this act, 542
661		-	of the cause therefor and the date of hearing thereon, shall be given and 543
662		-	an opportunity for hearing afforded as provided in the regulations 544 Substitute Bill No. 6474
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668		-
669		-	adopted by the commissioner. 545
670		-	Sec. 12. Section 20-195ee of the general statutes is repealed and the 546
671		-	following is substituted in lieu thereof (Effective October 1, 2021): 547
672		-	The Commissioner of Public Health may take any disciplinary action 548
673		-	set forth in section 19a-17, as amended by this act, against a professional 549
674		-	counselor or professional counselor associate for any of the following 550
675		-	reasons: (1) Failure to conform to the accepted standards of the 551
676		-	profession; (2) conviction of a felony that is reasonably related to the 552
677		-	license holder's ability to safely or competently practice professional 553
678		-	counseling; (3) fraud or deceit in obtaining or seeking reinstatement of 554
679		-	a license to practice professional counseling; (4) fraud or deceit in the 555
680		-	practice of professional counseling; (5) negligent, incompetent or 556
681		-	wrongful conduct in professional activities; (6) physical, mental or 557
682		-	emotional illness or disorder resulting in an inability to conform to the 558
683		-	accepted standards of the profession; (7) alcohol or substance abuse; (8) 559
684		-	wilful falsification of entries in any hospital, patient or other record 560
685		-	pertaining to professional counseling; or (9) violation of any provision 561
686		-	of sections 20-195aa to 20-195dd, inclusive, or any regulation adopted 562
687		-	pursuant to section 20-195ff. The commissioner may order a license 563
688		-	holder to submit to a reasonable physical or mental examination if his 564
689		-	physical or mental capacity to practice safely is the subject of an 565
690		-	investigation. The commissioner may petition the superior court for the 566
691		-	judicial district of Hartford to enforce such order or any action taken 567
692		-	pursuant to [said] section 19a-17, as amended by this act. The 568
693		-	commissioner shall give notice and an opportunity to be heard on any 569
694		-	contemplated action under [said] section 19a-17, as amended by this act. 570
695		-	Sec. 13. Section 20-195qqq of the general statutes is repealed and the 571
696		-	following is substituted in lieu thereof (Effective October 1, 2021): 572
697		-	The Commissioner of Public Health may take any disciplinary action 573
698		-	set forth in section 19a-17, as amended by this act, against an art 574
699		-	therapist for any of the following reasons: (1) Failure to conform to the 575
700		-	accepted standards of the profession; (2) conviction of a felony that is 576 Substitute Bill No. 6474
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706		-
707		-	reasonably related to the license holder's ability to safely or competently 577
708		-	perform the duties or responsibilities associated with such license; (3) 578
709		-	fraud or deceit in obtaining or seeking reinstatement of a license to 579
710		-	practice art therapy; (4) fraud or deceit in the practice of art therapy; (5) 580
711		-	negligent, incompetent or wrongful conduct in professional activities; 581
712		-	(6) physical, mental or emotional illness or disorder resulting in an 582
713		-	inability to conform to the accepted standards of the profession; (7) 583
714		-	alcohol or substance abuse; or (8) wilful falsification of entries in any 584
715		-	hospital, patient or other record pertaining to art therapy. The 585
716		-	commissioner may order a license holder to submit to a reasonable 586
717		-	physical or mental examination if his or her physical or mental capacity 587
718		-	to practice safely is the subject of an investigation. The commissioner 588
719		-	may petition the superior court for the judicial district of Hartford to 589
720		-	enforce such order or any action taken pursuant to section 19a-17, as 590
721		-	amended by this act. The commissioner shall give notice and an 591
722		-	opportunity to be heard on any contemplated action under section 19a-592
723		-	17, as amended by this act. 593
724		-	Sec. 14. Section 20-206s of the general statutes is repealed and the 594
725		-	following is substituted in lieu thereof (Effective October 1, 2021): 595
726		-	The department may take any action set forth in section 19a-17, as 596
727		-	amended by this act, if the certificate holder fails to conform to the 597
728		-	accepted standards of the dietitian-nutritionist profession, including, 598
729		-	but not limited to, the following: Conviction of a felony that is 599
730		-	reasonably related to the certificate holder's ability to safely or 600
731		-	competently perform the duties or responsibilities associated with such 601
732		-	certificate; fraud or deceit in professional practice; illegal conduct; 602
733		-	negligent, incompetent or wrongful conduct in professional activities; 603
734		-	emotional disorder or mental illness; physical illness including, but not 604
735		-	limited to, deterioration through the aging process; abuse or excessive 605
736		-	use of drugs, including alcohol, narcotics or chemicals; wilful 606
737		-	falsification of entries in any client or patient record; misrepresentation 607
738		-	or concealment of a material fact in the obtaining or reinstatement of a 608
739		-	dietitian-nutritionist certificate; or violation of any provision of sections 609 Substitute Bill No. 6474
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745		-
746		-	20-206m to 20-206t, inclusive. 610
747		-	Sec. 15. Subsection (i) of section 20-265b of the general statutes is 611
748		-	repealed and the following is substituted in lieu thereof (Effective October 612
749		-	1, 2021): 613
750		-	(i) The Commissioner of Public Health may take any disciplinary 614
751		-	action set forth in section 19a-17, as amended by this act, against an 615
752		-	esthetician for failure to conform to the accepted standards of the 616
753		-	profession, including, but not limited to: (1) Conviction of a felony that 617
754		-	is reasonably related to the license holder's ability to safely or 618
755		-	competently practice as an esthetician; (2) fraud or deceit in obtaining 619
756		-	or seeking reinstatement of a license to practice as an esthetician; (3) 620
757		-	fraud or deceit in the practice of an esthetician; (4) negligent, 621
758		-	incompetent or wrongful conduct in professional activities; (5) physical, 622
759		-	mental or emotional illness or disorder resulting in an inability to 623
760		-	conform to the accepted standards of the profession; or (6) abuse or 624
761		-	excessive use of drugs, including, alcohol, narcotics or chemicals. The 625
762		-	commissioner may order a license holder to submit to a reasonable 626
763		-	physical or mental examination if his or her physical or mental capacity 627
764		-	to practice safely is the subject of an investigation. The commissioner 628
765		-	may petition the superior court for the judicial district of Hartford to 629
766		-	enforce such order or any action taken pursuant to section 19a-17, as 630
767		-	amended by this act. The commissioner shall give notice and an 631
768		-	opportunity to be heard on any contemplated action under section 19a-632
769		-	17, as amended by this act. 633
770		-	Sec. 16. Subsection (i) of section 20-265c of the general statutes is 634
771		-	repealed and the following is substituted in lieu thereof (Effective October 635
772		-	1, 2021): 636
773		-	(i) The Commissioner of Public Health may take any disciplinary 637
774		-	action set forth in section 19a-17, as amended by this act, against an 638
775		-	eyelash technician for failure to conform to the accepted standards of 639
776		-	the profession, including, but not limited to: (1) Conviction of a felony 640
777		-	that is reasonably related to the license holder's ability to safely or 641 Substitute Bill No. 6474
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783		-
784		-	competently practice as an eyelash technician; (2) fraud or deceit in 642
785		-	obtaining or seeking reinstatement of a license to practice as an eyelash 643
786		-	technician; (3) fraud or deceit in the practice of an eyelash technician; (4) 644
787		-	negligent, incompetent or wrongful conduct in professional activities; 645
788		-	(5) physical, mental or emotional illness or disorder resulting in an 646
789		-	inability to conform to the accepted standards of the profession; or (6) 647
790		-	abuse or excessive use of drugs, including, alcohol, narcotics or 648
791		-	chemicals. The commissioner may order a license holder to submit to a 649
792		-	reasonable physical or mental examination if his or her physical or 650
793		-	mental capacity to practice safely is the subject of an investigation. The 651
794		-	commissioner may petition the superior court for the judicial district of 652
795		-	Hartford to enforce such order or any action taken pursuant to section 653
796		-	19a-17, as amended by this act. The commissioner shall give notice and 654
797		-	an opportunity to be heard on any contemplated action under section 655
798		-	19a-17, as amended by this act. 656
799		-	Sec. 17. Subsection (i) of section 20-265d of the general statutes is 657
800		-	repealed and the following is substituted in lieu thereof (Effective October 658
801		-	1, 2021): 659
802		-	(i) The Commissioner of Public Health may take any disciplinary 660
803		-	action set forth in section 19a-17, as amended by this act, against a nail 661
804		-	technician for failure to conform to the accepted standards of the 662
805		-	profession, including, but not limited to: (1) Conviction of a felony that 663
806		-	is reasonably related to the license holder's ability to safely or 664
807		-	competently practice as a nail technician; (2) fraud or deceit in obtaining 665
808		-	or seeking reinstatement of a license to practice as a nail technician; (3) 666
809		-	fraud or deceit in the practice of a nail technician; (4) negligent, 667
810		-	incompetent or wrongful conduct in professional activities; (5) physical, 668
811		-	mental or emotional illness or disorder resulting in an inability to 669
812		-	conform to the accepted standards of the profession; or (6) abuse or 670
813		-	excessive use of drugs, including, alcohol, narcotics or chemicals. The 671
814		-	commissioner may order a license holder to submit to a reasonable 672
815		-	physical or mental examination if his or her physical or mental capacity 673
816		-	to practice safely is the subject of an investigation. The commissioner 674 Substitute Bill No. 6474
817		-
818		-
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821		-	23 of 38
822		-
823		-	may petition the superior court for the judicial district of Hartford to 675
824		-	enforce such order or any action taken pursuant to section 19a-17, as 676
825		-	amended by this act. The commissioner shall give notice and an 677
826		-	opportunity to be heard on any contemplated action under section 19a-678
827		-	17, as amended by this act. 679
828		-	Sec. 18. Subsection (a) of section 20-281a of the general statutes is 680
829		-	repealed and the following is substituted in lieu thereof (Effective October 681
830		-	1, 2021): 682
831		-	(a) After notice and hearing pursuant to section 20-280c, the board 683
832		-	may revoke any certificate, license or permit issued under section 20-684
833		-	281c, 20-281d or 20-281e or the practice privilege of an individual who 685
834		-	qualifies under section 20-281n; suspend any such certificate, 686
835		-	registration, license, practice privilege or permit or refuse to renew any 687
836		-	such certificate, license or permit; reprimand, censure, or limit the scope 688
837		-	of practice of any licensee or individual that qualifies for the practice 689
838		-	privilege; impose a civil penalty not exceeding fifty thousand dollars 690
839		-	upon licensees, individuals who qualify for the practice privilege or 691
840		-	others violating provisions of section 20-281g or place any licensee or 692
841		-	individual that qualifies for the practice privilege on probation, all with 693
842		-	or without terms, conditions and limitations, for any one or more of the 694
843		-	following reasons: 695
844		-	(1) Fraud or deceit in obtaining a certificate, registration, license, 696
845		-	practice privilege or permit; 697
846		-	(2) Cancellation, revocation, suspension or refusal to renew authority 698
847		-	to engage in the practice of public accountancy in any other state for any 699
848		-	cause; 700
849		-	(3) Failure, on the part of a holder of a license or permit under section 701
850		-	20-281d or 20-281e, to maintain compliance with the requirements for 702
851		-	issuance or renewal of such license or permit or to report changes to the 703
852		-	board under subsection (h) of section 20-281d or subsection (f) of section 704
853		-	20-281e; 705 Substitute Bill No. 6474
854		-
855		-
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858		-	24 of 38
859		-
860		-	(4) Revocation, limitation or suspension of the right to practice before 706
861		-	any state or federal agency or the Public Company Accounting 707
862		-	Oversight Board under the Sarbanes-Oxley Act of 2002, or any of the 708
863		-	following actions taken by any such state or federal agency or said board 709
864		-	against a licensee or individual who qualifies for the practice privilege: 710
865		-	(A) Suspension of or barring a licensee from serving as a corporate 711
866		-	officer or director, (B) requiring such individual or licensee to disgorge 712
867		-	funds, or (C) suspension or barring such individual or a licensee from 713
868		-	association with a public accounting firm; 714
869		-	(5) Dishonesty, fraud or negligence in the practice of public 715
870		-	accountancy or in the filing or failure to file his own income tax returns; 716
871		-	(6) Violation of any provision of sections 20-279b to 20-281m, 717
872		-	inclusive, or regulation adopted by the board under said sections; 718
873		-	(7) Violation of any rule of professional conduct adopted by the board 719
874		-	under subdivision (4) of subsection (g) of section 20-280; 720
875		-	(8) Conviction of a felony that is reasonably related to the licensee's 721
876		-	ability to safely or competently engage in the practice of accountancy, 722
877		-	or of any crime an element of which is dishonesty or fraud, under the 723
878		-	laws of the United States, of this state, or of any other state if the acts 724
879		-	involved would have constituted a crime under the laws of this state, 725
880		-	subject to the provisions of section 46a-80; 726
881		-	(9) Performance of any fraudulent act while holding a registration, 727
882		-	certificate, license, practice privilege or permit issued under sections 20-728
883		-	279b to 20-281m, inclusive, or prior law; 729
884		-	(10) Any conduct reflecting adversely upon the licensee's fitness to 730
885		-	engage in the practice of public accountancy; and 731
886		-	(11) Violation by anyone of any provision of section 20-281g. 732
887		-	Sec. 19. Section 20-294 of the general statutes is repealed and the 733
888		-	following is substituted in lieu thereof (Effective October 1, 2021): 734 Substitute Bill No. 6474
889		-
890		-
891		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
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893		-	25 of 38
894		-
895		-	The Commissioner of Consumer Protection or the board may 735
896		-	suspend for a definite period, not to exceed one year, or revoke any 736
897		-	license or certificate of authority issued under this chapter, after notice 737
898		-	and hearing in accordance with the regulations adopted by the 738
899		-	Commissioner of Consumer Protection, or may officially censure any 739
900		-	person holding any such license or certificate of authority and may 740
901		-	assess a civil penalty of up to one thousand dollars per violation, (1) if it 741
902		-	is shown that the license or certificate was obtained through fraud or 742
903		-	misrepresentation, (2) if the holder of the license or certificate has been 743
904		-	found guilty by the board, the commissioner or by a court of competent 744
905		-	jurisdiction of any fraud or deceit in such holder's professional practice 745
906		-	or has been convicted of a felony that is reasonably related to the 746
907		-	holder's ability to safely or competently perform the duties or 747
908		-	responsibilities associated with such license or certificate, (3) if the 748
909		-	holder of the license or certificate has been found guilty by the board or 749
910		-	the commissioner of gross incompetency or of negligence in the 750
911		-	planning or construction of buildings, or (4) if it is shown to the 751
912		-	satisfaction of the board or the commissioner that the holder of the 752
913		-	license or certificate has violated any provision of this chapter or any 753
914		-	regulation adopted under this chapter. Any such suspension or 754
915		-	revocation of a license or certificate by the board shall be a proposed 755
916		-	final decision and submitted to the commissioner in accordance with the 756
917		-	provisions of subsection (b) of section 21a-7. The board or the 757
918		-	commissioner may reissue any such license or certificate which has been 758
919		-	revoked, and may modify the suspension of any such license or 759
920		-	certificate which has been suspended. 760
921		-	Sec. 20. Subsection (c) of section 20-334 of the general statutes is 761
922		-	repealed and the following is substituted in lieu thereof (Effective October 762
923		-	1, 2021): 763
924		-	(c) The Commissioner of Consumer Protection and each board 764
925		-	established under section 20-331 may suspend or revoke any license or 765
926		-	certificate granted or issued by it under this chapter if the holder of such 766
927		-	license or certificate (1) is convicted of a felony that is reasonably related 767 Substitute Bill No. 6474
928		-
929		-
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933		-
934		-	to the holder's ability to safely or competently perform the duties or 768
935		-	responsibilities associated with such license or certificate, (2) is grossly 769
936		-	incompetent, (3) engages in malpractice or unethical conduct or 770
937		-	knowingly makes false, misleading or deceptive representations 771
938		-	regarding his or her work, or (4) violates the regulations adopted under 772
939		-	this chapter. Before any such license is suspended or revoked, such 773
940		-	holder shall be given notice and opportunity for hearing as provided in 774
941		-	regulations adopted by the Commissioner of Consumer Protection. Any 775
942		-	person whose license has been suspended or revoked may, after ninety 776
943		-	days, apply to the board to have such license reinstated. Any such 777
944		-	suspension or revocation of a license or certification by the board shall 778
945		-	be a proposed final decision and submitted to the commissioner in 779
946		-	accordance with the provisions of subsection (b) of section 21a-7. 780
947		-	Sec. 21. Subsection (b) of section 20-341gg of the general statutes is 781
948		-	repealed and the following is substituted in lieu thereof (Effective October 782
949		-	1, 2021): 783
950		-	(b) No person shall engage in or offer to perform the work of any 784
951		-	major contractor in this state on any proposed structure or existing 785
952		-	structure or addition that exceeds the threshold limits contained in 786
953		-	section 29-276b unless such person has first obtained a license or 787
954		-	certificate of registration as required under the provisions of chapter 539 788
955		-	or a registration from the Department of Consumer Protection in 789
956		-	accordance with the provisions of this section. Individuals licensed 790
957		-	under chapter 393 shall be exempt from the provisions of this chapter 791
958		-	while engaging in work that they are licensed to perform. The 792
959		-	department shall issue a certificate of registration to any person who is 793
960		-	prequalified pursuant to section 4a-100 who applies for registration in 794
961		-	accordance with this section. Such prequalified person shall not be 795
962		-	required to pay a fee for such registration at any time that the person 796
963		-	maintains valid prequalification. If the individual or the firm, company, 797
964		-	partnership or corporation employing such individual is engaged in 798
965		-	work on a structure or addition that exceeds the threshold limits 799
966		-	contained in section 29-276b and requires licensure under chapter 393, 800 Substitute Bill No. 6474
967		-
968		-
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971		-	27 of 38
972		-
973		-	the firm, company, partnership or corporation shall be exempt from the 801
974		-	provisions of this chapter concerning registration of major contractors, 802
975		-	if the firm, company, partnership or corporation employs an individual 803
976		-	who is licensed as a contractor under chapter 393 to perform such work. 804
977		-	The department shall furnish to each qualified applicant a registration 805
978		-	certifying that the holder of such registration is entitled to engage in the 806
979		-	work for which the person has been issued a registration under this 807
980		-	subsection, and the holder of such registration shall carry it on his 808
981		-	person while engaging in such work. Such registration shall be shown 809
982		-	to any properly interested person upon request. No such registration 810
983		-	shall be transferred to or used by any person other than the person to 811
984		-	whom the registration was issued. The department shall maintain 812
985		-	rosters of registrants and shall update such rosters annually. The 813
986		-	department may provide copies of rosters to the public for an 814
987		-	appropriate fee. The department may suspend or revoke any 815
988		-	registration issued by the department if the holder of such registration 816
989		-	is convicted of a felony that is reasonably related to the holder's ability 817
990		-	to safely or competently perform work under such registration, is 818
991		-	grossly incompetent, is disqualified, pursuant to section 4a-100 or 819
992		-	whose prequalification certificate has been revoked pursuant to section 820
993		-	4a-100, engages in malpractice or unethical conduct or knowingly 821
994		-	makes false, misleading or deceptive representations regarding his 822
995		-	work or violates any regulation adopted under subsection (c) of this 823
996		-	section. Before any registration is suspended or revoked, such holder 824
997		-	shall be given notice and an opportunity for hearing as provided in 825
998		-	regulations adopted under subsection (c) of this section. The 826
999		-	Commissioner of Consumer Protection shall provide written notice of 827
1000		-	any suspension or revocation of a registration to the Commissioner of 828
1001		-	Administrative Services not later than ten days after such suspension or 829
1002		-	revocation. 830
1003		-	Sec. 22. Section 20-363 of the general statutes is repealed and the 831
1004		-	following is substituted in lieu thereof (Effective October 1, 2021): 832
1005		-	The commissioner may refuse to issue or renew or may suspend or 833 Substitute Bill No. 6474
1006		-
1007		-
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1010		-	28 of 38
1011		-
1012		-	revoke a license or take any of the actions set forth in section 19a-17, as 834
1013		-	amended by this act, upon proof that the applicant or license holder (1) 835
1014		-	has employed or knowingly cooperated in fraud or material deception 836
1015		-	in order to obtain a license or has engaged in fraud or material deception 837
1016		-	in the course of professional services or activities at any place; (2) has 838
1017		-	been guilty of illegal, incompetent or negligent conduct in his or her 839
1018		-	practice; (3) has violated any provision of this chapter or any regulation 840
1019		-	adopted under this chapter; (4) has been found guilty or convicted as a 841
1020		-	result of an act which constitutes a felony under (A) the laws of this 842
1021		-	state, (B) federal law, or (C) the laws of another jurisdiction and which, 843
1022		-	if committed within this state, would have constituted a felony under 844
1023		-	the laws of this state, provided such felony is reasonably related to the 845
1024		-	applicant's or holder's ability to safely or competently perform work 846
1025		-	under such license; or (5) has been subject to disciplinary action similar 847
1026		-	to that specified in section 19a-17, as amended by this act, by a duly 848
1027		-	authorized professional disciplinary agency of any state, the District of 849
1028		-	Columbia, a United States possession or territory, or a foreign 850
1029		-	jurisdiction. The commissioner may petition the superior court for the 851
1030		-	judicial district of Hartford to enforce any action taken pursuant to 852
1031		-	section 19a-17, as amended by this act. Before the commissioner may 853
1032		-	suspend, revoke or refuse to renew a license or take such other action, 854
1033		-	the commissioner shall give the applicant or license holder notice and 855
1034		-	opportunity for hearing as provided in the regulations adopted by the 856
1035		-	commissioner. 857
1036		-	Sec. 23. Section 20-442a of the general statutes is repealed and the 858
1037		-	following is substituted in lieu thereof (Effective October 1, 2021): 859
1038		-	The department may take any action set forth in section 19a-17, as 860
1039		-	amended by this act, and subsection (f) of section 19a-88 against a 861
1040		-	person or entity licensed or certified pursuant to chapter 400a for 862
1041		-	reasons including, but not limited to, the following: (1) Conviction of a 863
1042		-	felony that is reasonably related to the person's or entity's ability to 864
1043		-	safely or competently perform professional activities under such license 865
1044		-	or certificate; (2) fraud or deceit in the practice of such person's or 866 Substitute Bill No. 6474
1045		-
1046		-
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1049		-	29 of 38
1050		-
1051		-	entity's profession; (3) negligent, incompetent or wrongful conduct in 867
1052		-	professional activities; (4) misrepresentation or concealment of a 868
1053		-	material fact in the obtaining, reinstatement or renewal of a license or 869
1054		-	certificate; or (5) violation of any provision of chapter 400a, or any 870
1055		-	regulation adopted thereunder. The commissioner may petition the 871
1056		-	superior court for the judicial district of Hartford to enforce such order 872
1057		-	or any action taken pursuant to section 19a-17, as amended by this act. 873
1058		-	Notice of any contemplated action under section 19a-17, as amended by 874
1059		-	this act, the cause of action and the date of a hearing on the action shall 875
1060		-	be given and an opportunity for hearing afforded in accordance with 876
1061		-	the provisions of chapter 54. 877
1062		-	Sec. 24. Section 20-481 of the general statutes is repealed and the 878
1063		-	following is substituted in lieu thereof (Effective October 1, 2021): 879
1064		-	The department may take any action set forth in section 19a-17, as 880
1065		-	amended by this act, against a person or entity issued a license or 881
1066		-	certificate pursuant to sections 20-474 to 20-482, inclusive, and 882
1067		-	subsections (e) and (f) of section 19a-88 for reasons including, but not 883
1068		-	limited to, the following: Conviction of a felony that is reasonably 884
1069		-	related to the person's or entity's ability to safely or competently 885
1070		-	perform professional activities under such license or certificate; fraud or 886
1071		-	deceit in the practice of his profession; negligent, incompetent or 887
1072		-	wrongful conduct in professional activities; misrepresentation or 888
1073		-	concealment of a material fact in the obtaining, reinstatement or renewal 889
1074		-	of a license; or violation of any provision of sections 20-474 to 20-482, 890
1075		-	inclusive, and subsections (e) and (f) of section 19a-88 or any regulation 891
1076		-	adopted thereunder. The commissioner may petition the superior court 892
1077		-	for the judicial district of Hartford to enforce such order or any action 893
1078		-	taken pursuant to [said] section 19a-17, as amended by this act. Notice 894
1079		-	of any contemplated action under [said] section 19a-17, as amended by 895
1080		-	this act, the cause of action and the date of a hearing on the action shall 896
1081		-	be given and an opportunity for hearing afforded in accordance with 897
1082		-	the provisions of chapter 54. 898
1083		-	Sec. 25. Subsection (i) of section 20-540 of the general statutes is 899 Substitute Bill No. 6474
1084		-
1085		-
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1088		-	30 of 38
1089		-
1090		-	repealed and the following is substituted in lieu thereof (Effective October 900
1091		-	1, 2021): 901
1092		-	(i) The Department of Consumer Protection may suspend or revoke 902
1093		-	a certificate granted or issued by it pursuant to this section if the holder 903
1094		-	of such certificate is convicted of a felony that is reasonably related to 904
1095		-	the holder's ability to safely or competently perform work under such 905
1096		-	certificate, is grossly incompetent, engages in malpractice or unethical 906
1097		-	conduct or knowingly makes false, misleading or deceptive 907
1098		-	representations regarding his work. Prior to such suspension or 908
1099		-	revocation, such holder shall be given notice and an opportunity for 909
1100		-	hearing as provided in regulations adopted by the Commissioner of 910
1101		-	Consumer Protection. Any person whose certificate has been suspended 911
1102		-	may, after ninety days, apply to the department to have such certificate 912
1103		-	reinstated. 913
1104		-	Sec. 26. Subsection (a) of section 22a-66e of the general statutes is 914
1105		-	repealed and the following is substituted in lieu thereof (Effective October 915
1106		-	1, 2021): 916
1107		-	(a) The grounds for denial, revocation or suspension of a registration 917
1108		-	shall include, but not be limited to: 918
1109		-	(1) Violation of any provision of this chapter, as amended, or any 919
1110		-	regulation, permit, certificate, registration or order adopted, 920
1111		-	administered or issued pursuant thereto; 921
1112		-	(2) Inclusion of false or misleading information in an application or 922
1113		-	failure to notify the commissioner of a change as required by section 923
1114		-	22a-66c; 924
1115		-	(3) Inclusion of false or misleading information in records required to 925
1116		-	be maintained pursuant to section 22a-66g, the failure to maintain such 926
1117		-	records, or the failure to provide the commissioner with the records 927
1118		-	required by said section; 928
1119		-	(4) Use of a pesticide in a manner inconsistent with the registered 929 Substitute Bill No. 6474
1120		-
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1124		-	31 of 38
1125		-
1126		-	labeling or with state or federal restrictions on the use of such pesticide; 930
1127		-	(5) Application of pesticides generally known in the trade to be 931
1128		-	ineffective or improper for the intended use; 932
1129		-	(6) Operation of faulty or unsafe equipment which may result in 933
1130		-	improper application or harm to the environment, the applicator or 934
1131		-	others from the pesticide; 935
1132		-	(7) Application of a pesticide in a faulty, careless or negligent manner; 936
1133		-	(8) Aiding or abetting a certified or uncertified person to evade the 937
1134		-	provisions of this chapter, as amended, or any regulation, permit, 938
1135		-	certificate, registration or order adopted, administered or issued 939
1136		-	pursuant thereto; 940
1137		-	(9) The making of a false or misleading statement during an 941
1138		-	inspection or investigation concerning an infestation of pests, an 942
1139		-	accident in applying a pesticide, misuse of a pesticide, or violation of a 943
1140		-	statute, regulation, certificate, registration or order; 944
1141		-	(10) The performance of work, whether or not for compensation, in a 945
1142		-	category for which the applicator is not certified; and 946
1143		-	(11) The conviction of the applicant or owner of a pesticide 947
1144		-	application business of a felony, as defined in section 53a-25, that is 948
1145		-	reasonably related to the applicant's or owner's ability to safely or 949
1146		-	competently perform work under such registration. 950
1147		-	Sec. 27. Subsection (c) of section 23-61i of the general statutes is 951
1148		-	repealed and the following is substituted in lieu thereof (Effective October 952
1149		-	1, 2021): 953
1150		-	(c) The grounds for denial, revocation or suspension of a certificate of 954
1151		-	registration shall include the following: 955
1152		-	(1) Violation of any provision of this chapter or chapter 441 or any 956
1153		-	regulation, permit, certificate, registration or order adopted, issued or 957 Substitute Bill No. 6474
1154		-
1155		-
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1159		-
1160		-	administered or issued pursuant to this chapter and chapter 441; 958
1161		-	(2) Inclusion of false or misleading information in an application or 959
1162		-	the failure to notify the commissioner of a change, as required by section 960
1163		-	23-61h; 961
1164		-	(3) Inclusion of false or misleading information in records required to 962
1165		-	be maintained pursuant to section 23-61k, or the failure to maintain such 963
1166		-	records or provide the commissioner with the records required by 964
1167		-	section 23-61k; 965
1168		-	(4) Use of a pesticide in a manner inconsistent with the registered 966
1169		-	labeling or with state or federal restrictions on the use of such pesticide; 967
1170		-	(5) Application of pesticides generally known in the trade to be 968
1171		-	ineffective or improper for the intended use; 969
1172		-	(6) Operation of faulty or unsafe equipment which may result in 970
1173		-	improper pesticide application or harm to the environment, a worker or 971
1174		-	other persons; 972
1175		-	(7) Application of a pesticide or performance of arboriculture in a 973
1176		-	faulty, careless or negligent manner; 974
1177		-	(8) Aiding or abetting a licensed or unlicensed person to evade the 975
1178		-	provisions of this chapter or chapter 441 or any regulation, permit, 976
1179		-	certificate, registration or order adopted, issued or administered 977
1180		-	pursuant to this chapter and chapter 441; 978
1181		-	(9) The making of a false or misleading statement during an 979
1182		-	inspection or investigation concerning an infestation of pests, an 980
1183		-	accident in applying a pesticide, misuse of a pesticide, or violation of a 981
1184		-	statute, regulation, certificate, registration or order; 982
1185		-	(10) The performance of arboriculture which does not meet generally 983
1186		-	accepted industry standards; 984
1187		-	(11) The performance of work, whether or not for compensation, in a 985 Substitute Bill No. 6474
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1193		-
1194		-	category for which the arborist is not certified; and 986
1195		-	(12) The conviction of the applicant of a felony, as defined in section 987
1196		-	53a-25, that is reasonably related to the applicant's ability to safely or 988
1197		-	competently perform work under such certification. 989
1198		-	Sec. 28. Section 29-158 of the general statutes is repealed and the 990
1199		-	following is substituted in lieu thereof (Effective October 1, 2021): 991
1200		-	Any license or registration issued under the provisions of sections 29-992
1201		-	153 to 29-161, inclusive, may be suspended or revoked by the 993
1202		-	commissioner, after giving notice and an opportunity to be heard to the 994
1203		-	licensee or registrant when the commissioner finds that the licensee or 995
1204		-	registrant has: (1) Violated any of the terms or provisions of sections 29-996
1205		-	153 to 29-161, inclusive, or any of the regulations adopted thereunder; 997
1206		-	(2) practiced fraud, deceit or misrepresentation in dealing with the 998
1207		-	clients of the licensee or registrant; (3) made a material misstatement in 999
1208		-	the application for issuance of such license or registration, or, in the case 1000
1209		-	of a licensee, in the application for renewal of such license; (4) 1001
1210		-	demonstrated incompetence or untrustworthiness in the conduct of the 1002
1211		-	business; or (5) been convicted of a felony or other crime involving 1003
1212		-	moral turpitude, that is reasonably related to the licensee's or 1004
1213		-	registrant's ability to safely or competently perform work under such 1005
1214		-	license or registration. If the licensee or registrant has been convicted 1006
1215		-	under section 53a-61 or 53a-62, the commissioner shall consider the facts 1007
1216		-	and circumstances surrounding such conviction prior to suspending or 1008
1217		-	revoking the license or registration. Any party aggrieved by an order of 1009
1218		-	the commissioner under the provisions of this section may appeal 1010
1219		-	therefrom in accordance with the provisions of section 4-183, except the 1011
1220		-	venue for such appeal shall be the judicial district of New Britain. 1012
1221		-	Sec. 29. Section 29-161v of the general statutes is repealed and the 1013
1222		-	following is substituted in lieu thereof (Effective October 1, 2021): 1014
1223		-	Any license for a security service or security officer or approval as a 1015
1224		-	security officer instructor may be suspended or revoked by the 1016 Substitute Bill No. 6474
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1230		-
1231		-	Commissioner of Emergency Services and Public Protection, provided 1017
1232		-	notice shall have been given to the licensee or instructor to appear before 1018
1233		-	the commissioner to show cause why the license or approval should not 1019
1234		-	be suspended or revoked, upon a finding by the commissioner that: (1) 1020
1235		-	The licensee has violated any of the terms or provisions of sections 29-1021
1236		-	161g to 29-161x, inclusive, or in the case of an instructor, section 29-161q, 1022
1237		-	or any of the regulations adopted pursuant to section 29-161x; (2) the 1023
1238		-	licensee or instructor has practiced fraud, deceit or misrepresentation; 1024
1239		-	(3) the licensee or instructor has made a material misstatement in the 1025
1240		-	application for issuance or renewal of the license or approval; (4) the 1026
1241		-	licensee or instructor has demonstrated incompetence or 1027
1242		-	untrustworthiness in the conduct of the business; or (5) the licensee or 1028
1243		-	instructor has been convicted of a felony that is reasonably related to the 1029
1244		-	licensee's or instructor's ability to safely or competently perform work 1030
1245		-	under such license approval or [other] a crime affecting the licensee's or 1031
1246		-	instructor's honesty [,] or integrity. [or moral fitness.] Any party 1032
1247		-	aggrieved by an order of the commissioner under this section may 1033
1248		-	appeal therefrom in accordance with the provisions of section 4-183, 1034
1249		-	except the venue for such appeal shall be the judicial district of New 1035
1250		-	Britain. 1036
1251		-	Sec. 30. Subsection (a) of section 30-47 of the general statutes is 1037
1252		-	repealed and the following is substituted in lieu thereof (Effective October 1038
1253		-	1, 2021): 1039
1254		-	(a) The Department of Consumer Protection may, in its discretion, 1040
1255		-	suspend, revoke or refuse to grant or renew a permit for the sale of 1041
1256		-	alcoholic liquor if it has reasonable cause to believe: (1) That the 1042
1257		-	applicant or permittee appears to be financially irresponsible or neglects 1043
1258		-	to provide for his family, or neglects or is unable to pay his just debts; 1044
1259		-	(2) that the applicant or permittee has been provided with funds by any 1045
1260		-	wholesaler or manufacturer or has any forbidden connection with any 1046
1261		-	other class of permittee as provided in this chapter; (3) that the applicant 1047
1262		-	or permittee is in the habit of using alcoholic beverages to excess; (4) that 1048
1263		-	the applicant or permittee has wilfully made any false statement to the 1049 Substitute Bill No. 6474
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1269		-
1270		-	department in a material matter; (5) that the applicant or permittee has 1050
1271		-	been convicted of violating any of the liquor laws of this or any other 1051
1272		-	state or the liquor laws of the United States or has been convicted of a 1052
1273		-	felony, as such term is defined in section 53a-25, that is reasonably 1053
1274		-	related to the holder's ability to safely or competently perform the duties 1054
1275		-	associated with such permit, or has such a criminal record that the 1055
1276		-	department reasonably believes he is not a suitable person to hold a 1056
1277		-	permit, provided no refusal shall be rendered under this subdivision 1057
1278		-	except in accordance with the provisions of sections 46a-80 and 46a-81, 1058
1279		-	as amended by this act; (6) that the applicant or permittee has not been 1059
1280		-	delegated full authority and control of the permit premises and of the 1060
1281		-	conduct of all business on such premises; or (7) that the applicant or 1061
1282		-	permittee has violated any provision of this chapter or any regulation 1062
1283		-	adopted under this chapter. Any backer shall be subject to the same 1063
1284		-	disqualifications as provided in this section in the case of an applicant 1064
1285		-	for a permit or a permittee. 1065
1286		-	Sec. 31. Section 20-333 of the general statutes is repealed and the 1066
1287		-	following is substituted in lieu thereof (Effective October 1, 2021): 1067
1288		-	(a) To obtain a license under this chapter, an applicant shall have 1068
1289		-	attained such applicant's eighteenth birthday and shall furnish such 1069
1290		-	evidence of competency as the appropriate board or the Commissioner 1070
1291		-	of Consumer Protection shall require. A recommendation for review 1071
1292		-	issued pursuant to section 31-22u shall be sufficient to demonstrate such 1072
1293		-	competency. The applicant shall satisfy such board or the commissioner 1073
1294		-	that such applicant [is of good moral character,] possesses a diploma or 1074
1295		-	other evidence of graduation from the eighth grade of grammar school, 1075
1296		-	or possesses an equivalent education to be determined on examination 1076
1297		-	and has the requisite skill to perform the work in the trade for which 1077
1298		-	such applicant is applying for a license and can comply with all other 1078
1299		-	requirements of this chapter and the regulations adopted under this 1079
1300		-	chapter. A recommendation for review issued pursuant to section 31-1080
1301		-	22u shall be sufficient to demonstrate that an applicant possesses such 1081
1302		-	requisite skill and can comply with all other requirements of this chapter 1082 Substitute Bill No. 6474
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1308		-
1309		-	and the regulations adopted under this chapter. For any application 1083
1310		-	submitted pursuant to this section that requires a hearing or other action 1084
1311		-	by the applicable examining board or the commissioner, such hearing 1085
1312		-	or other action by the applicable examining board or the commissioner 1086
1313		-	shall occur not later than thirty days after the date of submission for 1087
1314		-	such application. Upon application for any such license, the applicant 1088
1315		-	shall pay to the department a nonrefundable application fee of ninety 1089
1316		-	dollars for a license under subdivisions (2) and (3) of subsection (a) and 1090
1317		-	subdivision (4) of subsection (e) of section 20-334a, or a nonrefundable 1091
1318		-	application fee of one hundred fifty dollars for a license under 1092
1319		-	subdivision (1) of subsection (a), subdivisions (1) and (2) of subsection 1093
1320		-	(b), subdivision (1) of subsection (c) and subdivisions (1), (2) and (3) of 1094
1321		-	subsection (e) of section 20-334a. Any such application fee shall be 1095
1322		-	waived for persons who present a recommendation for review issued 1096
1323		-	pursuant to section 31-22u. 1097
1324		-	(b) The department shall conduct such written, oral and practical 1098
1325		-	examinations as the appropriate board, with the consent of the 1099
1326		-	commissioner, deems necessary to test the knowledge of the applicant 1100
1327		-	in the work for which a license is being sought. The department shall 1101
1328		-	allow any applicant, who has not participated in an apprenticeship 1102
1329		-	program but presents a recommendation for review issued pursuant to 1103
1330		-	section 31-22u, to sit for any such examination. Any person completing 1104
1331		-	the required apprentice training program for a journeyman's license 1105
1332		-	under section 20-334a shall, within thirty days following such 1106
1333		-	completion, apply for a licensure examination given by the department. 1107
1334		-	If an applicant does not pass such licensure examination, the 1108
1335		-	commissioner shall provide each failed applicant with information on 1109
1336		-	how to retake the examination and a report describing the applicant's 1110
1337		-	strengths and weaknesses in such examination. Any apprentice permit 1111
1338		-	issued under section 20-334a to an applicant who fails three licensure 1112
1339		-	examinations in any one-year period shall remain in effect if such 1113
1340		-	applicant applies for and takes the first licensure examination given by 1114
1341		-	the department following the one-year period from the date of such 1115
1342		-	applicant's third and last unsuccessful licensure examination. 1116 Substitute Bill No. 6474
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1348		-
1349		-	Otherwise, such permit shall be revoked as of the date of the first 1117
1350		-	examination given by the department following expiration of such 1118
1351		-	one-year period. 1119
1352		-	(c) The Commissioner of Consumer Protection, subject to section 46a-1120
1353		-	80, as amended by this act, may issue a license pursuant to a consent 1121
1354		-	order containing conditions that shall be met by the applicant if the 1122
1355		-	applicant reports that he or she has been found guilty or convicted as a 1123
1356		-	result of an act which (1) constitutes a felony under (A) the laws of this 1124
1357		-	state at the time of application for such license, (B) federal law at the 1125
1358		-	time of application for such license, or (C) the laws of another 1126
1359		-	jurisdiction, and which, if committed within this state, would constitute 1127
1360		-	a felony under the laws of this state, and (2) is reasonably related to the 1128
1361		-	applicant's ability to safely or competently perform the duties or 1129
1362		-	responsibilities associated with such license. 1130
1363		-	[(c)] (d) When an applicant has qualified for a license, the department 1131
1364		-	shall, upon receipt of the license fee or upon waiver of such fee pursuant 1132
1365		-	to section 20-335, issue to such applicant a license entitling such 1133
1366		-	applicant to engage in the work or occupation for which a license was 1134
1367		-	sought and shall register each successful applicant's name and address 1135
1368		-	in the roster of licensed persons authorized to engage in the work or 1136
1369		-	occupation within the appropriate board's authority. All fees and other 1137
1370		-	moneys collected by the department shall be promptly transmitted to 1138
1371		-	the State Treasurer as provided in section 4-32. 1139
1372		-	Sec. 32. (NEW) (Effective October 1, 2021) The Departments of 1140
1373		-	Administrative Services, Agriculture, Consumer Protection, Correction, 1141
1374		-	Emergency Services and Public Protection and Public Health, the Labor 1142
1375		-	Department, and the Office of Early Childhood shall, not later than 1143
1376		-	January 1, 2022, report to the Secretary of the Office of Policy and 1144
1377		-	Management on (1) the number of employees that perform background 1145
1378		-	checks related to the agency's licensing functions, the job classifications 1146
1379		-	of such employees and the type or level of clearance of the background 1147
1380		-	checks that are being performed, (2) the number of hours each such 1148
1381		-	employee spends on average per week performing background checks, 1149 Substitute Bill No. 6474
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1387		-
1388		-	(3) for any licenses in which some education or training is required of 1150
1389		-	the applicant prior to obtaining a license, the feasibility of establishing a 1151
1390		-	preclearance assessment of criminal history prior to potential applicants 1152
1391		-	beginning such education or training, and (4) the feasibility of 1153
1392		-	centralizing and standardizing background checks performed by state 1154
1393		-	agencies and an assessment of any related issues of delegation of 1155
1394		-	authority by such agencies. 1156
	479	+	(d) The chairpersons of the council shall schedule the first meeting of 390
	480	+	the council, which shall be held not later than sixty days after the 391
	481	+	effective date of this section. Thereafter, the council shall meet upon the 392
	482	+	call of the chairpersons or upon the call of a majority of the council 393
	483	+	members. 394
	484	+	(e) The administrative staff of the joint standing committee of the 395
	485	+	General Assembly having cognizance of matters relating to labor and 396
	486	+	public employees shall serve as administrative staff of the council. 397
	487	+	(f) Not later than February 1, 2021, the council shall submit a report, 398
	488	+	in accordance with the provisions of section 11-4a of the general statutes, 399
	489	+	on its recommendations to the joint standing committee of the General 400
	490	+	Assembly having cognizance of matters relating to labor and public 401
	491	+	employees. 402
1395	492		This act shall take effect as follows and shall amend the following
1396	493		sections:
1397	494
1398	495		Section 1 October 1, 2021 46a-79
1399	496		Sec. 2 October 1, 2021 46a-51
1400	497		Sec. 3 October 1, 2021 46a-80
1401	498		Sec. 4 October 1, 2021 46a-81
1402	499		Sec. 5 October 1, 2021 46a-59
1403	500		Sec. 6 October 1, 2021 46a-74
1404	501		Sec. 7 October 1, 2021 New section
1405		-	Sec. 8 July 1, 2021 New section
1406		-	Sec. 9 October 1, 2021 19a-14(a)
1407		-	Sec. 10 October 1, 2021 19a-17(a)
1408		-	Sec. 11 October 1, 2021 20-195p
1409		-	Sec. 12 October 1, 2021 20-195ee
1410		-	Sec. 13 October 1, 2021 20-195qqq
1411		-	Sec. 14 October 1, 2021 20-206s
1412		-	Sec. 15 October 1, 2021 20-265b(i)
1413		-	Sec. 16 October 1, 2021 20-265c(i)
1414		-	Sec. 17 October 1, 2021 20-265d(i)
1415		-	Sec. 18 October 1, 2021 20-281a(a)
1416		-	Sec. 19 October 1, 2021 20-294
1417		-	Sec. 20 October 1, 2021 20-334(c)
1418		-	Sec. 21 October 1, 2021 20-341gg(b)
1419		-	Sec. 22 October 1, 2021 20-363
1420		-	Sec. 23 October 1, 2021 20-442a
1421		-	Sec. 24 October 1, 2021 20-481
1422		-	Sec. 25 October 1, 2021 20-540(i)
1423		-	Sec. 26 October 1, 2021 22a-66e(a)
1424		-	Sec. 27 October 1, 2021 23-61i(c)
1425		-	Sec. 28 October 1, 2021 29-158 Substitute Bill No. 6474
	502	+	Sec. 8 October 1, 2021 46a-51
	503	+	Sec. 9 July 1, 2021 New section
1426	504
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1431		-
1432		-	Sec. 29 October 1, 2021 29-161v
1433		-	Sec. 30 October 1, 2021 30-47(a)
1434		-	Sec. 31 October 1, 2021 20-333
1435		-	Sec. 32 October 1, 2021 New section
1436		-
1437		-
1438		-	Statement of Legislative Commissioners:
1439		-	In Sections 3(b)(2) and 4(a)(2), "with criminal history record
1440		-	information" was deleted for consistency with standard drafting
1441		-	conventions; Section 4(b) was rewritten for accuracy and clarity; in
1442		-	Section 8(a), "and other state governing law" was deleted for consistency
1443		-	with standard drafting conventions; in Section 8(b), "at Central
1444		-	Connecticut State University" was added after "Policy" for accuracy and
1445		-	clarity; in Section 8(d), "sixty days after the effective date of this section"
1446		-	was changed to "September 1, 2021" for clarity and consistency with
1447		-	standard drafting conventions; and in Section 32, "within ninety days"
1448		-	was changed to "not later than January 1, 2022" for clarity and the last
1449		-	sentence was rewritten and designated as Subdiv. (4).
1450		-
1451		-	LAB Joint Favorable Subst.
	505	+	Statement of Purpose:
	506	+	To address the collateral employment consequences of a criminal
	507	+	record.
	508	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	509	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	510	+	underlined.]
1452	511