Connecticut 2022 Regular Session

Connecticut House Bill HB05356 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05356-~~R02~~-
	3	+	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05356-R01-
4	4		HB.docx
5	5		1 of 7
6	6
7	7		General Assembly Substitute Bill No. 5356
8	8		February Session, 2022
9	9
10	10
11	11
12	12
13	13
14	14		AN ACT CONCERNING PANDEMIC PAY FOR ESSENTIAL WORKERS.
15	15		Be it enacted by the Senate and House of Representatives in General
16	16		Assembly convened:
17	17
18	18		Section 1. (NEW) (Effective from passage) (a) As used in this section: 1
19	19		(1) "Essential worker" means any person who (A) (i) worked during 2
20	20		the period of the public health and civil preparedness emergency 3
21	21		declared by the Governor on March 10, 2020, or any extension of such 4
22	22		declaration, or (ii) worked during any new public health and civil 5
23	23		preparedness emergency declared by the Governor as a result of a 6
24	24		COVID-19 outbreak in this state, and (iii) was in a category 7
25	25		recommended by the Centers for Disease Control and Prevention's 8
26	26		Advisory Committee on Immunization Practices, as of February 20, 9
27	27		2021, to receive a COVID-19 vaccination in phase 1a, 1b or 1c of the 10
28	28		COVID-19 vaccination program, (B) is included in the Cybersecurity 11
29	29		and Infrastructure Security Agency's Guidance on the Essential Critical 12
30	30		Infrastructure Workforce: Ensuring Community and National 13
31	31		Resilience in COVID-19 Response, issued on March 19, 2020, or any 14
32	32		subsequent version of such guidance, or (C) was covered by the 15
33	33		Governor's Executive Order No. 7H, issued on March 10, 2020. All 16
34	34		workers who fall into this category, regardless of immigration status, 17
35	35		shall be deemed eligible for payment from the Connecticut Essential 18
36	36		Workers' Pandemic Pay program established pursuant to subsection (b) 19 Substitute Bill No. 5356
37	37
38	38
39	39		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05356-
40		-	~~R02~~-HB.docx }
	40	+	R01-HB.docx }
41	41		2 of 7
42	42
43	43		of this section; 20
44	44		(2) "Administrator" means an employee of the office of the 21
45	45		Comptroller, or a third-party administrator; 22
46	46		(3) "Full-time" means any essential worker who worked thirty hours 23
47	47		or more per week for not less than three weeks; 24
48	48		(4) "Part-time" means any essential worker who worked less than 25
49	49		thirty hours per week for not less than three weeks; and 26
50	50		(5) "Pandemic pay" means moneys payable by the Comptroller from 27
51	51		the Connecticut Essential Workers' Pandemic Pay program, established 28
52	52		pursuant to subsection (b) of this section, to recognize and compensate 29
53	53		essential workers for their service pursuant to this section. 30
54	54		(b) (1) There is established the Connecticut Essential Workers 31
55	55		Pandemic Pay program. The program shall provide two thousand 32
56	56		dollars to each full-time essential worker and one thousand dollars to 33
57	57		each part-time essential worker, within available funds, on a first-come, 34
58	58		first-served basis, pending verification of eligibility, except no assistance 35
59	59		shall be paid to any essential worker after June 30, 2024. The program 36
60	60		shall be administered by the office of the Comptroller, or a third party 37
61	61		under contract with said office to act as an administrator. 38
62	62		(2) The administrator shall accept applications for assistance on and 39
63	63		after the effective date of this section. For the purposes of this section, 40
64	64		the administrator shall be authorized to: (A) Determine whether an 41
65	65		essential worker meets the requirements for eligibility for compensation 42
66	66		under this section; (B) summon and examine under oath such witnesses 43
67	67		who may provide information relevant to the eligibility of an essential 44
68	68		worker; (C) direct the production of, and examine or cause to be 45
69	69		produced or examined, such books, records, vouchers, memoranda, 46
70	70		documents, letters, contracts or other papers in relation to any matter at 47
71	71		issue as the administrator may find proper; and (D) take or cause to be 48
72	72		taken affidavits or depositions within or without the state. 49 Substitute Bill No. 5356
73	73
74	74
75	75		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05356-
76		-	~~R02~~-HB.docx }
	76	+	R01-HB.docx }
77	77		3 of 7
78	78
79	79		(c) There is established an account to be known as the "Connecticut 50
80	80		essential worker pandemic pay account" which shall be a separate, 51
81	81		nonlapsing account within the General Fund. The account shall contain 52
82	82		any moneys required by law to be deposited in the account. Moneys in 53
83	83		the account shall be expended by the Comptroller at the direction of the 54
84	84		administrator for purposes of: (1) Compensation provided under the 55
85	85		Connecticut Essential Workers Pandemic Pay program; and (2) costs 56
86	86		and expenses of operating the program, including hiring of necessary 57
87	87		employees and the expense of public outreach and education regarding 58
88	88		the program and account. Not more than five per cent of the total 59
89	89		moneys received by the account shall be used for any administrative 60
90	90		costs, including hiring of temporary or durational staff or contracting 61
91	91		with a third-party administrator, or other costs and expenses incurred 62
92	92		by the administrator or Comptroller in connection with carrying out the 63
93	93		provisions of this section. The administrator shall make all reasonable 64
94	94		efforts to limit the costs and expenses of operating the program without 65
95	95		compromising essential workers' access to the program. 66
96	96		(d) To apply for compensation from the Connecticut Essential 67
97	97		Workers Pandemic Pay program, an essential worker shall submit a 68
98	98		claim to the administrator, in such form and manner as required by the 69
99	99		administrator, not later than January 1, 2023. Any such claim shall 70
100	100		include: (1) Proof of employment as an essential worker from March 10, 71
101	101		2020, to the effective date of this section, as determined by an essential 72
102	102		worker's proof of earnings; and (2) any additional information as 73
103	103		requested or required by the administrator. An essential worker may 74
104	104		submit, as proof of employment, official payroll records or another form 75
105	105		of proof including, but not limited to, a letter from an employer stating 76
106	106		the essential worker's dates of work, or a declaration from an individual 77
107	107		with personal knowledge of the essential worker's employment. 78
108	108		(e) The administrator shall promptly review all applications for 79
109	109		compensation submitted pursuant to this section. The administrator 80
110	110		shall evaluate each application and determine, on the basis of the 81
111	111		information provided by the essential worker, or additional information 82 Substitute Bill No. 5356
112	112
113	113
114	114		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05356-
115		-	~~R02~~-HB.docx }
	115	+	R01-HB.docx }
116	116		4 of 7
117	117
118	118		provided at the request of the administrator, whether or not such 83
119	119		application shall be approved. The administrator shall provide such 84
120	120		determination, in writing, to each applicant not later than sixty business 85
121	121		days after the date the application is submitted, or, if the administrator 86
122	122		requested additional information, not later than ten business days after 87
123	123		the administrator receives such additional information from the 88
124	124		applicant. If such claim is approved, the administrator shall direct the 89
125	125		Comptroller to pay two thousand dollars to a full-time essential worker 90
126	126		or one thousand dollars to a part-time essential worker not later than 91
127	127		ten business days after such approval. For those who are deemed part-92
128	128		time, the rate will be prorated down from twenty-nine to one hour per 93
129	129		week at a rate of thirty-three dollars per hour, with twenty-nine hours 94
130	130		per week receiving the maximum amount of one thousand dollars. 95
131	131		(f) An essential worker may request that a determination made 96
132	132		pursuant to subsection (e) of this section be reconsidered by filing a 97
133	133		request with the administrator, on a form prescribed by the 98
134	134		administrator, not later than twenty business days after the mailing of 99
135	135		the notice of such determination. The administrator shall, not later than 100
136	136		three business days after receipt of such request for reconsideration, 101
137	137		designate an individual to conduct such reconsideration and shall 102
138	138		submit to such designated individual all documents relating to such 103
139	139		essential worker's application and request for reconsideration. The 104
140	140		administrator's designee shall reconsider each determination requested 105
141	141		by an essential worker pursuant to this subsection. Such review shall 106
142	142		consist of a de novo review of all relevant evidence and shall be 107
143	143		completed not later than twenty business days after such individual's 108
144	144		request for reconsideration. Such designee shall issue a decision 109
145	145		affirming, modifying or reversing the decision of the administrator not 110
146	146		later than twenty business days after the designee's reconsideration of 111
147	147		the determination and shall submit such decision, in writing, to the 112
148	148		administrator and the applicant. The decision shall include a short 113
149	149		statement of findings that shall specify if pandemic pay shall be paid to 114
150	150		the applicant in accordance with subsection (e) of this section. 115 Substitute Bill No. 5356
151	151
152	152
153	153		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05356-
154		-	~~R02~~-HB.docx }
	154	+	R01-HB.docx }
155	155		5 of 7
156	156
157	157		(g) Any statement, document, information or matter may be 116
158	158		considered by the administrator or, on reconsideration, by the 117
159	159		administrator's designee, if, in the opinion of the administrator or 118
160	160		designee, it contributes to a determination of the claim, whether or not 119
161	161		the same would be admissible in a court of law. 120
162	162		(h) Notwithstanding sections 4-183 and 51-197b of the general 121
163	163		statutes, there shall be no right of appeal by any applicant following the 122
164	164		final decision of the administrator's designee issued pursuant to 123
165	165		subsection (f) of this section. 124
166	166		(i) (1) To the extent properly includable in gross income for federal 125
167	167		income tax purposes, for the taxable year commencing on or after 126
168	168		January 1, 2023, but prior to January 1, 2025, any payments received by 127
169	169		an individual under subsections (d) to (f), inclusive, of this section 128
170	170		during the applicable taxable year shall be subtracted from adjusted 129
171	171		gross income under chapter 229 of the general statutes. 130
172	172		(2) Any such payments shall not be considered income for the 131
173	173		purposes of determining an individual's eligibility for any program 132
174	174		administered by the state. 133
175	175		(j) If a payment is made to a program applicant erroneously, or as a 134
176	176		result of wilful misrepresentation by such applicant, the administrator 135
177	177		may seek repayment of benefits from the applicant having received such 136
178	178		payment and may also, in the case of wilful misrepresentation, seek 137
179	179		payment of a penalty in the amount of fifty per cent of the benefits paid 138
180	180		as a result of such misrepresentation. 139
181	181		(k) On or before September 1, 2022, and monthly thereafter, and any 140
182	182		other time at the request of the administrator, the Comptroller shall 141
183	183		submit a report to the administrator indicating the value of the 142
184	184		Connecticut essential workers pandemic pay account at the time of the 143
185	185		report. 144
186	186		(l) On or before September 1, 2022, and at least quarterly thereafter, 145
187	187		the administrator shall submit a report, in accordance with the 146 Substitute Bill No. 5356
188	188
189	189
190	190		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05356-
191		-	~~R02~~-HB.docx }
	191	+	R01-HB.docx }
192	192		6 of 7
193	193
194	194		provisions of section 11-4a of the general statutes, to the joint standing 147
195	195		committee of the General Assembly having cognizance of matters 148
196	196		relating to labor on the financial condition of the Connecticut essential 149
197	197		workers pandemic pay account. Such report shall include: (1) An 150
198	198		estimate of the account's value as of the date of the report; (2) the effect 151
199	199		of scheduled payments on the account's value; (3) an estimate of the 152
200	200		monthly administrative costs necessary to operate the program and the 153
201	201		account; and (4) any recommendations for legislation to improve the 154
202	202		operation or administration of the program and the account. 155
203	203		Sec. 2. (NEW) (Effective from passage) (a) No employer shall: (1) 156
204	204		Discharge, or cause to be discharged, or in any manner discipline or 157
205	205		discriminate against any employee because the employee has filed an 158
206	206		application for pandemic pay pursuant to section 1 of this act, or (2) 159
207	207		deliberately misinform or deliberately dissuade an employee from filing 160
208	208		an application for payment from the Connecticut Essential Workers 161
209	209		Pandemic Pay program. 162
210	210		(b) Any employee who is so discharged, disciplined or discriminated 163
211	211		against or who has been deliberately misinformed or deliberately 164
212	212		dissuaded from filing an application for payment from the Connecticut 165
213	213		Essential Workers Pandemic Pay program may bring a civil action in the 166
214	214		superior court for the judicial district where the employer has its 167
215	215		principal office for the reinstatement to the employee's position of 168
216	216		employment, payment of back wages, reestablishment of employee 169
217	217		benefits to which the employee would have otherwise been entitled if 170
218	218		the employee had not been discriminated against or discharged and any 171
219	219		other damages caused by such discrimination or discharge. The 172
220	220		superior court may also award punitive damages. Any employee who 173
221	221		prevails in such a civil action shall be awarded reasonable attorney's fees 174
222	222		and costs. 175
223	223		Sec. 3. (Effective from passage) The sum of seven hundred fifty million 176
224	224		dollars is appropriated to the office of the Comptroller from the General 177
225	225		Fund, for the fiscal year ending June 30, 2023, to fund the Connecticut 178
226	226		essential workers pandemic pay account. When applicable, allotted 179 Substitute Bill No. 5356
227	227
228	228
229	229		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05356-
230		-	~~R02~~-HB.docx }
	230	+	R01-HB.docx }
231	231		7 of 7
232	232
233	233		funds from the American Rescue Plan Act of 2021, P.L. 117-2, as 180
234	234		amended from time to time, or any future federal COVID-19 relief 181
235	235		moneys received by the state may be used to fund such account. 182
236	236		This act shall take effect as follows and shall amend the following
237	237		sections:
238	238
239	239		Section 1 from passage New section
240	240		Sec. 2 from passage New section
241	241		Sec. 3 from passage New section
242	242
	243	+	Statement of Legislative Commissioners:
	244	+	In Section 1(a)(1), "for payment from the Connecticut Essential Workers'
	245	+	Pandemic Pay program established pursuant to subsection (b) of this
	246	+	section" was added for clarity; in Section 1(b)(2), a subparagraph
	247	+	designator was added for clarity; in Section 1(c)(2), the clause was
	248	+	divided into two sentences for clarity and proper grammar; and in
	249	+	Section 1(h), "Notwithstanding sections 4-183 and 51-197b of the general
	250	+	statutes," was added for accuracy.
243	251
244	252		LAB Joint Favorable Subst.
245		-	APP Joint Favorable
246	253