Connecticut 2023 Regular Session

Connecticut House Bill HB06462 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO No. ~~5635~~ 1 of 4
	3	+	LCO No. 2947 1 of 2
4	4
5		-	General Assembly ~~Committee~~ Bill No. 6462
	5	+	General Assembly Proposed Bill No. 6462
6	6		January Session, 2023
7		-	LCO No. ~~5635~~
	7	+	LCO No. 2947
8	8
9	9
10	10		Referred to Committee on LABOR AND PUBLIC EMPLOYEES
11	11
12	12
13	13		Introduced by:
14		-	(LAB)
	14	+	REP. ELLIOTT, 88
	15	+	th Dist.
	16	+	SEN. ANWAR, 3
	17	+	rd Dist.
	18	+	SEN. CABRERA, 17
	19	+	th Dist.
	20	+	SEN. LOPES, 6
	21	+	th Dist.
	22	+	REP. ARNONE, 58
	23	+	th Dist.
	24	+	REP. TURCO, 27
	25	+	th Dist.
	26	+	REP. WELANDER, 114
	27	+	th Dist.
	28	+	REP. CHAFEE, 33
	29	+	rd Dist.
	30	+
	31	+	REP. PARIS, 145
	32	+	th Dist.
	33	+	REP. PALM, 36
	34	+	th Dist.
	35	+	REP. MUSHINSKY, 85
	36	+	th Dist.
	37	+	REP. D'AGOSTINO, 91
	38	+	st Dist.
	39	+	REP. MESKERS, 150
	40	+	th Dist.
	41	+	REP. LUXENBERG, 12
	42	+	th Dist.
	43	+	REP. HUGHES, 135
	44	+	th Dist.
	45	+	REP. KAVROS DEGRAW, 17
	46	+	th Dist.
	47	+
15	48
16	49
17	50
18	51		AN ACT CONCERNING THE RECOUPMENT OF STATE COST
19	52		ATTRIBUTABLE TO LOW -WAGE EMPLOYERS.
20	53		Be it enacted by the Senate and House of Representatives in General
21	54		Assembly convened:
22	55
23		-	Section 1. (NEW) (Effective from passage) (a) As used in this section and 1
24		-	sections 2 to 5, inclusive, of this act: 2
25		-	(1) "Person" has the same meaning as provided in section 42-133e of 3
26		-	the general statutes; 4
27		-	(2) "Franchise" has the same meaning as provided in section 42-133e 5
28		-	of the general statutes; 6
29		-	(3) "Franchisor" has the same meaning as provided in section 42-133e 7
30		-	of the general statutes; 8
31		-	(4) "Franchisee" has the same meaning as provided in section 42-133e 9
32		-	of the general statutes; 10
33		-	(5) "Employee" means any individual employed or permitted to work 11
34		-	by an employer, but does not include any individual employed in any 12
35		-	park, camp or resort that is open not more than six months of the year; 13
36		-	Committee Bill No. 6462
	56	+	That chapter 557 of the general statutes be amended to require 1
	57	+	employers with over five hundred employees in the state and 2
	58	+	franchisors who, combined with their franchisees, collectively employ 3
	59	+	at least five hundred employees in the state to pay a quarterly fee to the 4
	60	+	Labor Commissioner based in part on the number of employees of such 5
	61	+	employer that utilize state resources, including, but not limited to, the 6
	62	+	HUSKY Health program. 7 Proposed Bill No. 6462
37	63
38	64
39		-	LCO No. 5635 2 of 4
40		-
41		-	(6) "Covered employer" means: 14
42		-	(A) Any person, firm, business or educational institution in the state 15
43		-	that employs five hundred or more employees during any one quarter, 16
44		-	on and after January 1, 2023, based upon the wage information 17
45		-	submitted to the Labor Commissioner pursuant to section 31-225a of the 18
46		-	general statutes; 19
47		-	(B) Any franchisor in the state, where the franchisor and its 20
48		-	franchisees in the state employ, in the aggregate, five hundred or more 21
49		-	employees during any one quarter on and after January 1, 2023, based 22
50		-	upon the information submitted to the Labor Commissioner pursuant 23
51		-	to section 4 of this act; or 24
52		-	(C) "Covered employer" does not include any private nonprofit 25
53		-	entity, the state, or any department, agency or political subdivision 26
54		-	thereof; and 27
55		-	(7) "Wage" means compensation due to an employee by reason of his 28
56		-	or her employment. 29
57		-	(b) Any covered employer that employs any employee (1) who on 30
58		-	and after January 1, 2024, was listed on such covered employer's or such 31
59		-	franchisee's payroll for at least ninety calendar days prior to the 32
60		-	completion of the current calendar quarter, and (2) whose wages paid 33
61		-	by the covered employer, or the covered employer's franchisee, during 34
62		-	such quarter were less than twenty dollars per hour, shall pay a fee to 35
63		-	the Labor Commissioner. Such fee shall be assessed quarterly by the 36
64		-	commissioner and shall be equal to one dollar for each hour such 37
65		-	employee worked for such covered employer during the current 38
66		-	quarter. Such fee shall not be assessed until January 1, 2024. 39
67		-	(c) A covered employer shall not (1) designate, or cause such covered 40
68		-	employer's franchisee to designate, an employee as an independent 41
69		-	contractor or temporary employee, (2) reduce, or cause such covered 42
70		-	employer's franchisee to reduce, an employee's hours of work, or (3) 43
71		-	Committee Bill No. 6462
72		-
73		-
74		-	LCO No. 5635 3 of 4
75		-
76		-	terminate, or cause such covered employer's franchisee to terminate, an 44
77		-	employee for the purpose of avoiding such covered employer's 45
78		-	obligations under this section. 46
79		-	Sec. 2. (NEW) (Effective from passage) (a) The Labor Commissioner 47
80		-	shall collect fees assessed pursuant to subsection (b) of section 1 of this 48
81		-	act from each covered employer not later than sixty days after the 49
82		-	completion of the quarter in which such fees were assessed. 50
83		-	(b) The commissioner shall deposit moneys collected pursuant to 51
84		-	subsection (a) of this section with the State Treasurer, who shall deposit 52
85		-	such moneys in the General Fund. 53
86		-	Sec. 3. (NEW) (Effective from passage) Not later than October 1, 2023, 54
87		-	the Labor Commissioner shall adopt regulations, in accordance with the 55
88		-	provisions of chapter 54 of the general statutes, for the assessment and 56
89		-	collection of fees pursuant to sections 1 and 2 of this act. 57
90		-	Sec. 4. (NEW) (Effective from passage) (a) Any covered employer 58
91		-	aggrieved by the Labor Commissioner's assessment of fees, pursuant to 59
92		-	subsection (b) of section 1 of this act, may file a complaint with the 60
93		-	commissioner. Upon receipt of such complaint, the commissioner shall 61
94		-	review such complaint and shall conduct a hearing in accordance with 62
95		-	the provisions of chapter 54 of the general statutes. After such hearing, 63
96		-	the commissioner shall send the covered employer a written copy of the 64
97		-	commissioner's decision. Any covered employer who prevails in such 65
98		-	hearing shall be awarded reasonable attorney's fees and costs. 66
99		-	(b) Any covered employer aggrieved by the decision of the 67
100		-	commissioner may appeal the decision to the Superior Court in 68
101		-	accordance with the provisions of chapter 54 of the general statutes. 69
102		-	Sec. 5. (NEW) (Effective from passage) Not later than January 1, 2024, 70
103		-	and annually thereafter, each employer that submits wage information 71
104		-	to the Labor Commissioner pursuant to section 31-225a of the general 72
105		-	statutes shall inform the commissioner if such employer is a franchisee. 73
106		-	Committee Bill No. 6462
107		-
108		-
109		-	LCO No. 5635 4 of 4
110		-
111		-	If such employer is a franchisee, such employer shall provide to the 74
112		-	commissioner the name and address of the franchisor that granted the 75
113		-	franchise to such employer and any other information the commissioner 76
114		-	may require. 77
115		-	This act shall take effect as follows and shall amend the following
116		-	sections:
117		-
118		-	Section 1 from passage New section
119		-	Sec. 2 from passage New section
120		-	Sec. 3 from passage New section
121		-	Sec. 4 from passage New section
122		-	Sec. 5 from passage New section
	65	+	LCO No. 2947 2 of 2
123	66
124	67		Statement of Purpose:
125		-	To require certain employers to pay a quarterly fee to the Labor
126		-	Commissioner for each employee that receives less than twenty dollars
127		-	an hour in wages.
128		-	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
129		-	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
130		-	underlined.]
131		-
132		-	Co-Sponsors: REP. ELLIOTT, 88th Dist.; SEN. ANWAR, 3rd Dist.
133		-	SEN. CABRERA, 17th Dist.; SEN. LOPES, 6th Dist.
134		-	REP. ARNONE, 58th Dist.; REP. TURCO, 27th Dist.
135		-	REP. WELANDER, 114th Dist.; REP. CHAFEE, 33rd Dist.
136		-	REP. PARIS, 145th Dist.; REP. PALM, 36th Dist.
137		-	REP. MUSHINSKY, 85th Dist.; REP. D'AGOSTINO, 91st Dist.
138		-	REP. MESKERS, 150th Dist.; REP. LUXENBERG, 12th Dist.
139		-	REP. HUGHES, 135th Dist.; REP. KAVROS DEGRAW, 17th Dist.
140		-	REP. HALL J., 7th Dist.
141		-
142		-	H.B. 6462
	68	+	To recoup state cost relating to services provided to workers who utilize
	69	+	state resources such as the HUSKY Health program.