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General Assembly Raised Bill No. 5267
February Session, 2024
LCO No. 1119
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT MAKING CHANGES TO AND REPEALING OBSOLETE
PROVISIONS OF STATUTES RELEVANT TO THE LABOR
DEPARTMENT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 31-2 of the 2024 supplement to the general statutes 1
is repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
(a) The Labor Commissioner shall collect information upon the 4
subject of labor, the hours of labor, the earnings of laboring individuals 5
and the means of promoting their material, social and intellectual 6
prosperity, and may summon and examine under oath such witnesses, 7
and may direct the production of, and examine or cause to be produced 8
and examined, such books, records, vouchers, memoranda, documents, 9
letters, contracts or other papers in relation thereto as he deems 10
necessary, and shall have the same powers in relation thereto as are 11
vested in magistrates in taking depositions, but for this purpose persons 12
shall not be required to leave the vicinity of their residences or places of 13
business. 14
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(b) The commissioner may adopt regulations, in accordance with the 15
provisions of chapter 54, for all programs within the jurisdiction of the 16
Labor Department, including, but not limited to, employment and 17
training programs in the state. 18
(c) The commissioner may request the Attorney General to bring an 19
action in Superior Court for injunctive relief requiring compliance with 20
any statute, regulation, order or permit administered, adopted or issued 21
by the commissioner. 22
(d) The commissioner shall assist state agencies, boards and 23
commissions that issue occupational certificates or licenses in (1) 24
determining when to recognize and accept military training and 25
experience in lieu of all or part of the training and experience required 26
for a specific professional or occupational license, and (2) reviewing and 27
revising policies and procedures to ensure that relevant military 28
education, skills and training are given appropriate recognition in the 29
certification and licensing process. 30
(e) The commissioner may enter into contractual agreements, as may 31
be necessary, for all programs, activities, services and grants within the 32
jurisdiction of the Labor Department, including, but not limited to, 33
employment and training programs in the state and the application for 34
and use, administration or repayments of any federal funds made 35
available or allotted under any federal law. 36
(f) (1) The powers and duties enumerated in this section shall be in 37
addition to any other powers and duties conferred to the Labor 38
Commissioner in any other provision of the general statutes. 39
(2) Nothing in this section shall limit any other powers or duties 40
conferred to the Labor Commissioner in any other provisions of the 41
general statutes. 42
Sec. 2. Subdivision (1) of subsection (j) of section 31-225a of the 2024 43
supplement to the general statutes is repealed and the following is 44
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substituted in lieu thereof (Effective from passage): 45
(j) (1) (A) Each employer subject to this chapter shall submit 46
quarterly, on forms supplied by the administrator, a listing of wage 47
information, including the name of each employee receiving wages in 48
employment subject to this chapter, such employee's Social Security 49
account number and the amount of wages paid to such employee during 50
such calendar quarter. 51
(B) Commencing with the third calendar quarter of 2026, any 52
employer subject to this chapter may include in the quarterly filing 53
submitted pursuant to subparagraph (A) of this subdivision, the 54
following data for each employee receiving wages in employment 55
subject to this chapter: (i) Such employee's occupation, (ii) such 56
employee's hours worked, and (iii) the [business mailing address zip 57
code of the employer of such employee] zip code of such employee's 58
primary worksite. 59
Sec. 3. Section 31-402 of the general statutes is repealed and the 60
following is substituted in lieu thereof (Effective from passage): 61
There is hereby established an Occupational Health Clinics Advisory 62
Committee. [Said committee shall report to the Governor and the 63
General Assembly no later than September 15, 1990, and annually 64
thereafter, their recommendations as to: (1) Methods for the 65
coordination of activities among occupational health clinics, auxiliary 66
occupational health clinics, the state and any other entities; (2) methods 67
and the nature of disclosure of research and data collection results and 68
related educational information; (3) the appropriate methods of 69
funding, including sources of funding for, occupational health clinics 70
and related state activities, particularly regarding surveillance, and (4) 71
delineation of new goals in occupational disease detection and 72
prevention.] The advisory committee shall consist of fifteen persons as 73
follows: The chairpersons and ranking members of the joint standing 74
committee of the General Assembly having cognizance of matters 75
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concerning occupational health and safety or their designees, two 76
persons appointed by the Governor, one person appointed by the 77
chairman of the Workers' Compensation Commission, one person 78
appointed by the Labor Commissioner, one person appointed by the 79
Commissioner of Public Health, one person appointed by the president 80
pro tempore of the Senate to represent the insurance industry, one 81
person appointed by the majority leader of the Senate to represent the 82
business community, one person appointed by the minority leader of 83
the Senate to represent the labor community, one person appointed by 84
the speaker of the House of Representatives to represent the medical 85
community, one person appointed by the majority leader of the House 86
of Representatives to represent the labor community and one person 87
appointed by the minority leader of the House of Representatives to 88
represent the business community. 89
Sec. 4. Subsection (c) of section 31-76a of the 2024 supplement to the 90
general statutes is repealed and the following is substituted in lieu 91
thereof (Effective from passage): 92
(c) (1) If the commissioner determines, after an investigation 93
pursuant to subsection (a) of this section, that an employer is in violation 94
of (A) subsection (g) of section 31-288, or (B) subsection (b) of section 31-95
53, the commissioner shall issue, not later than seventy-two hours after 96
making such determination, a stop work order against the employer 97
requiring the cessation of all business operations of such employer. Such 98
stop work order shall be issued only against the employer found to be 99
in violation of subsection (g) of section 31-288 or in violation of 100
subsection (b) of section 31-53 and only as to the specific place of 101
business or employment for which the violation exists. Such order shall 102
be effective when served upon the employer or at the place of business 103
or employment. A stop work order may be served at a place of business 104
or employment by posting a copy of the stop work order in a 105
conspicuous location at the place of business or employment. Such order 106
shall remain in effect until the commissioner issues an order releasing 107
the stop work order upon a finding by the commissioner that the 108
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employer has come into compliance with the requirements of subsection 109
(b) of section 31-284 or subsection (b) of section 31-53, or after a hearing 110
held pursuant to subdivision (2) of this subsection. 111
(2) Any employer against which a stop work order is issued pursuant 112
to subdivision (1) of this subsection may request a hearing before the 113
commissioner. Such request shall be made in writ ing to the 114
commissioner not more than ten days after the issuance of such order. 115
Such hearing shall be conducted in accordance with the provisions of 116
chapter 54. 117
(3) Stop work orders and any penalties imposed under section 31-288 118
or 31-69a against a corporation, partnership or sole proprietorship for a 119
violation of subsection (g) of section 31-288 or for a violation of 120
subsection (b) of section 31-53 shall be effective against any successor 121
entity that has one or more of the same principals or officers as the 122
corporation, partnership or sole proprietorship against which the stop 123
work order was issued and are engaged in the same or equivalent trade 124
or activity. 125
[(4) The commissioner shall adopt regulations, in accordance with the 126
provisions of chapter 54, necessary to carry out this subsection.] 127
Sec. 5. Section 31-223b of the general statutes is repealed and the 128
following is substituted in lieu thereof (Effective from passage): 129
(a) For purposes of this section: 130
(1) "Knowingly" means having actual knowledge of or acting with 131
deliberate ignorance of or reckless disregard for a prohibition or 132
requirement under this section; 133
(2) "Person" means an individual, corporation, limited liability 134
company, company, trust, estate, partnership or association; 135
(3) "Trade or business" includes an employer's employees; and 136
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(4) "Violates or attempts to violate" includes, but is not limited to, the 137
evasion of or attempt to evade any provision of this section, or any 138
misrepresentation or wilful nondisclosure of information required to be 139
given under this section. 140
(b) No person who acquires the assets, organization, trade or business 141
of an employer solely or primarily for the purpose of obtaining a lower 142
contribution rate to the Unemployment Compensation Fund shall 143
acquire the unemployment experience of such employer, and such 144
acquisition shall be deemed a violation under this subsection. If the 145
administrator determines that a person has acquired such assets solely 146
or primarily for the purpose of obtaining a lower contribution rate, the 147
administrator shall require such person to pay contributions at the rate 148
provided in subsection (d) of section 31-225a for an employer who has 149
not been chargeable with benefits for a sufficient period of time to have 150
such employer's rate otherwise computed under section 31-225a or, 151
where applicable, the person's charged tax rate, as provided in 152
subsection (e) of section 31-225a, whichever is greater. In determining 153
whether the assets, organization, trade or business of an employer was 154
acquired solely or primarily for the purpose of obtaining a lower 155
contribution rate, the factors the administrator shall consider shall 156
include, but not be limited to, the cost of acquiring the business, whether 157
the person continued the business activity of the acquired business, how 158
long the business was continued and whether a substantial number of 159
new employees were hired for performance of duties unrelated to the 160
business activity conducted by the business prior to its acquisition. 161
(c) Notwithstanding any other provision of this chapter relating to 162
the transfer of unemployment experience, if an employer transfers its 163
assets, organization, trade or business, or a portion of its assets, 164
organization, trade or business, to another employer with whom, at the 165
time of such transfer, the transferring employer shares substantially 166
common ownership, management or control, the unemployment 167
experience of the transferring employer shall be transferred to the 168
receiving employer. The administrator shall recalculate the contribution 169
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rates of both employers and make such recalculated rates effective upon 170
the date of the transfer. The administrator may require from any 171
employer, whether or not otherwise subject to this chapter, any sworn 172
or unsworn reports that are necessary for the effective administration of 173
this section. 174
(d) In addition to the penalty imposed pursuant to subsection (e) of 175
this section and any applicable penalties under this chapter, if a person 176
knowingly violates or attempts to violate any provision of subsection 177
(b) or (c) of this section, or any other provision of this chapter relating to 178
determining the assignment of a contribution rate, or knowingly advises 179
another person in the violation of subsection (b) or (c) of this section, 180
such person shall be subject to the following penalties: 181
(1) If the person is an employer, such person shall be assigned a 182
penalty rate of contributions of two per cent of taxable wages for the 183
year during which such violation or attempted violation occurred and 184
for the following three years. 185
(2) If the person is not an employer, such person shall be subject to a 186
civil penalty of not less than five hundred dollars or more than five 187
thousand dollars. Any such penalty shall be deposited into the 188
Employment Security Special Administration Fund established under 189
subsection (d) of section 31-259. 190
(e) Any person who violates this section shall be fined not more than 191
two thousand dollars or imprisoned not more than one year, or both. 192
[(f) The administrator shall adopt regulations, in accordance with the 193
provisions of chapter 54, to establish procedures and guidelines 194
necessary to implement the provisions of this section, including 195
procedures to identify the transfer or acquisition of a business for 196
purposes of this section.] 197
[(g)] (f) This section shall be interpreted and applied in such a manner 198
as to meet the minimum requirements of Public Law 108-295 as 199
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interpreted by the federal Department of Labor. 200
[(h)] (g) This section shall apply to unemployment compensation tax 201
years beginning on and after January 1, 2006. 202
Sec. 6. Section 38a-513e of the general statutes is repealed and the 203
following is substituted in lieu thereof (Effective from passage): 204
(a) In the event (1) an employer, as defined in section 31-58, 205
terminates an employee for any reason other than layoff or relocation or 206
closing of a covered establishment, [as defined in section 31-51n,] or (2) 207
an employee voluntarily terminates employment with an employer, 208
such employer may elect not to pay the premium for such employee and 209
any such employee's dependents under a group health insurance policy 210
after the date of such employee's termination. In the event such 211
employer makes such election, any insurer, health care center, hospital 212
service corporation, medical service corporation or fraternal benefit 213
society that issues such group health insurance policy shall credit such 214
employer the amount of any premium paid by such employer with 215
respect to such policy for such employee and such employee's 216
dependents attributable to the period after the date of such employee's 217
termination, provided the employer notifies the insurer, health care 218
center, hospital service corporation, medical service corporation or 219
fraternal benefit society that issued such policy and the terminated 220
employee not later than seventy-two hours after the termination. Upon 221
the issuance or renewal of such policy, such insurer, health care center, 222
hospital service corporation, medical service corporation or fraternal 223
benefit society shall provide such employer with relevant information 224
related to such employer's election, including a notice that it is the 225
employer's responsibility to remit to the terminated employee such 226
employee's portion of the credited premium. Any such credit shall be 227
applied to the employer's next month's premium. In the event of 228
nonrenewal of such policy, the insurer, health care center, hospital 229
service corporation, medical service corporation or fraternal benefit 230
society shall refund such credit to the employer. As used in this section, 231
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"covered establishment" means any industrial, commercial or business 232
facility which employs, or has employed at any time in the preceding 233
twelve-month period, one hundred or more persons. 234
(b) Notwithstanding the provisions of subsection (a) of this section, 235
(1) any contractual agreement entered into through collective 236
bargaining that requires the employer to pay the premium for an 237
employee under a group health insurance policy after the date of such 238
employee's termination shall supersede the provisions of subsection (a) 239
of this section, and (2) no credit shall be available to an employer for any 240
employee's and employee's dependents' coverage for the seventy-two 241
hours immediately following the termination of such employee. 242
(c) Any right of an employee and his dependents to continuation of 243
coverage following the relocation or closing of a covered establishment 244
[, as set forth in section 31-51o,] shall not be affected by the provisions 245
of this section. 246
Sec. 7. Sections 31-51n, 31-51o and 31-76l of the general statutes are 247
repealed. (Effective from passage) 248
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 31-2
Sec. 2 from passage 31-225a(j)(1)
Sec. 3 from passage 31-402
Sec. 4 from passage 31-76a(c)
Sec. 5 from passage 31-223b
Sec. 6 from passage 38a-513e
Sec. 7 from passage Repealer section
Statement of Purpose:
To implement the recommendations of the Labor Department by (1)
making changes to statutes relevant to the Labor Department, and (2)
repealing obsolete provisions and statutes relevant to the Labor
Department.
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[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]