Connecticut 2024 Regular Session

Connecticut House Bill HB05267 Compare Versions

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Version 2 (New)

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4		-	House Bill No. 5267
	7	+	General Assembly Raised Bill No. 5267
	8	+	February Session, 2024
	9	+	LCO No. 1119
5	10
6		-	Public Act No. 24-147
	11	+
	12	+	Referred to Committee on LABOR AND PUBLIC
	13	+	EMPLOYEES
	14	+
	15	+
	16	+	Introduced by:
	17	+	(LAB)
	18	+
7	19
8	20
9	21		AN ACT MAKING CHANGES TO AND REPEALING OBSOLETE
10	22		PROVISIONS OF STATUTES RELEVANT TO THE LABOR
11	23		DEPARTMENT.
12	24		Be it enacted by the Senate and House of Representatives in General
13	25		Assembly convened:
14	26
15		-	Section 1. Section 31-2 of the 2024 supplement to the general statutes
16		-	is repealed and the following is substituted in lieu thereof (Effective from
17		-	passage):
18		-	(a) The Labor Commissioner shall collect information upon the
19		-	subject of labor, the hours of labor, the earnings of laboring individuals
20		-	and the means of promoting their material, social and intellectual
21		-	prosperity, and may summon and examine under oath such witnesses,
22		-	and may direct the production of, and examine or cause to be produced
23		-	and examined, such books, records, vouchers, memoranda, documents,
24		-	letters, contracts or other papers in relation thereto as he deems
25		-	necessary, and shall have the same powers in relation thereto as are
26		-	vested in magistrates in taking depositions, but for this purpose persons
27		-	shall not be required to leave the vicinity of their residences or places of
28		-	business.
29		-	(b) The commissioner may adopt regulations, in accordance with the
30		-	provisions of chapter 54, for all programs within the jurisdiction of the House Bill No. 5267
	27	+	Section 1. Section 31-2 of the 2024 supplement to the general statutes 1
	28	+	is repealed and the following is substituted in lieu thereof (Effective from 2
	29	+	passage): 3
	30	+	(a) The Labor Commissioner shall collect information upon the 4
	31	+	subject of labor, the hours of labor, the earnings of laboring individuals 5
	32	+	and the means of promoting their material, social and intellectual 6
	33	+	prosperity, and may summon and examine under oath such witnesses, 7
	34	+	and may direct the production of, and examine or cause to be produced 8
	35	+	and examined, such books, records, vouchers, memoranda, documents, 9
	36	+	letters, contracts or other papers in relation thereto as he deems 10
	37	+	necessary, and shall have the same powers in relation thereto as are 11
	38	+	vested in magistrates in taking depositions, but for this purpose persons 12
	39	+	shall not be required to leave the vicinity of their residences or places of 13 Bill No. 5267
31	40
32		-	Public Act No. 24-147 2 of 10
33	41
34		-	Labor Department, including, but not limited to, employment and
35		-	training programs in the state.
36		-	(c) The commissioner may request the Attorney General to bring an
37		-	action in Superior Court for injunctive relief requiring compliance with
38		-	any statute, regulation, order or permit administered, adopted or issued
39		-	by the commissioner.
40		-	(d) The commissioner shall assist state agencies, boards and
41		-	commissions that issue occupational certificates or licenses in (1)
42		-	determining when to recognize and accept military training and
43		-	experience in lieu of all or part of the training and experience required
44		-	for a specific professional or occupational license, and (2) reviewing and
45		-	revising policies and procedures to ensure that relevant military
46		-	education, skills and training are given appropriate recognition in the
47		-	certification and licensing process.
48		-	(e) The commissioner may enter into contractual agreements, as may
49		-	be necessary, for all programs, activities, services and grants within the
50		-	jurisdiction of the Labor Department, including, but not limited to,
51		-	employment and training programs in the state and the application for
52		-	and use, administration or repayments of any federal funds made
53		-	available or allotted under any federal law.
54		-	(f) (1) The powers and duties enumerated in this section shall be in
55		-	addition to any other powers and duties conferred to the Labor
56		-	Commissioner in any other provision of the general statutes.
57		-	(2) Nothing in this section shall limit any other powers or duties
58		-	conferred to the Labor Commissioner in any other provisions of the
59		-	general statutes.
60		-	Sec. 2. Subdivision (1) of subsection (j) of section 31-225a of the 2024
61		-	supplement to the general statutes is repealed and the following is
62		-	substituted in lieu thereof (Effective from passage): House Bill No. 5267
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63	45
64		-	Public Act No. 24-147 3 of 10
	46	+	business. 14
	47	+	(b) The commissioner may adopt regulations, in accordance with the 15
	48	+	provisions of chapter 54, for all programs within the jurisdiction of the 16
	49	+	Labor Department, including, but not limited to, employment and 17
	50	+	training programs in the state. 18
	51	+	(c) The commissioner may request the Attorney General to bring an 19
	52	+	action in Superior Court for injunctive relief requiring compliance with 20
	53	+	any statute, regulation, order or permit administered, adopted or issued 21
	54	+	by the commissioner. 22
	55	+	(d) The commissioner shall assist state agencies, boards and 23
	56	+	commissions that issue occupational certificates or licenses in (1) 24
	57	+	determining when to recognize and accept military training and 25
	58	+	experience in lieu of all or part of the training and experience required 26
	59	+	for a specific professional or occupational license, and (2) reviewing and 27
	60	+	revising policies and procedures to ensure that relevant military 28
	61	+	education, skills and training are given appropriate recognition in the 29
	62	+	certification and licensing process. 30
	63	+	(e) The commissioner may enter into contractual agreements, as may 31
	64	+	be necessary, for all programs, activities, services and grants within the 32
	65	+	jurisdiction of the Labor Department, including, but not limited to, 33
	66	+	employment and training programs in the state and the application for 34
	67	+	and use, administration or repayments of any federal funds made 35
	68	+	available or allotted under any federal law. 36
	69	+	(f) (1) The powers and duties enumerated in this section shall be in 37
	70	+	addition to any other powers and duties conferred to the Labor 38
	71	+	Commissioner in any other provision of the general statutes. 39
	72	+	(2) Nothing in this section shall limit any other powers or duties 40
	73	+	conferred to the Labor Commissioner in any other provisions of the 41
	74	+	general statutes. 42
	75	+	Sec. 2. Subdivision (1) of subsection (j) of section 31-225a of the 2024 43 Bill No. 5267
65	76
66		-	(j) (1) (A) Each employer subject to this chapter shall submit
67		-	quarterly, on forms supplied by the administrator, a listing of wage
68		-	information, including the name of each employee receiving wages in
69		-	employment subject to this chapter, such employee's Social Security
70		-	account number and the amount of wages paid to such employee during
71		-	such calendar quarter.
72		-	(B) Commencing with the third calendar quarter of 2026, any
73		-	employer subject to this chapter may include in the quarterly filing
74		-	submitted pursuant to subparagraph (A) of this subdivision, the
75		-	following data for each employee receiving wages in employment
76		-	subject to this chapter: (i) Such employee's occupation, (ii) such
77		-	employee's hours worked, and (iii) the [business mailing address zip
78		-	code of the employer of such employee] zip code of such employee's
79		-	primary worksite.
80		-	Sec. 3. Section 31-402 of the general statutes is repealed and the
81		-	following is substituted in lieu thereof (Effective from passage):
82		-	There is hereby established an Occupational Health Clinics Advisory
83		-	Committee. [Said committee shall report to the Governor and the
84		-	General Assembly no later than September 15, 1990, and annually
85		-	thereafter, their recommendations as to: (1) Methods for the
86		-	coordination of activities among occupational health clinics, auxiliary
87		-	occupational health clinics, the state and any other entities; (2) methods
88		-	and the nature of disclosure of research and data collection results and
89		-	related educational information; (3) the appropriate methods of
90		-	funding, including sources of funding for, occupational health clinics
91		-	and related state activities, particularly regarding surveillance, and (4)
92		-	delineation of new goals in occupational disease detection and
93		-	prevention.] The advisory committee shall consist of fifteen persons as
94		-	follows: The chairpersons and ranking members of the joint standing
95		-	committee of the General Assembly having cognizance of matters
96		-	concerning occupational health and safety or their designees, two House Bill No. 5267
97	77
98		-	Public Act No. 24-147 4 of 10
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99	81
100		-	persons appointed by the Governor, one person appointed by the
101		-	chairman of the Workers' Compensation Commission, one person
102		-	appointed by the Labor Commissioner, one person appointed by the
103		-	Commissioner of Public Health, one person appointed by the president
104		-	pro tempore of the Senate to represent the insurance industry, one
105		-	person appointed by the majority leader of the Senate to represent the
106		-	business community, one person appointed by the minority leader of
107		-	the Senate to represent the labor community, one person appointed by
108		-	the speaker of the House of Representatives to represent the medical
109		-	community, one person appointed by the majority leader of the House
110		-	of Representatives to represent the labor community and one person
111		-	appointed by the minority leader of the House of Representatives to
112		-	represent the business community.
113		-	Sec. 4. Subsection (c) of section 31-76a of the 2024 supplement to the
114		-	general statutes is repealed and the following is substituted in lieu
115		-	thereof (Effective from passage):
116		-	(c) (1) If the commissioner determines, after an investigation
117		-	pursuant to subsection (a) of this section, that an employer is in violation
118		-	of (A) subsection (g) of section 31-288, or (B) subsection (b) of section 31-
119		-	53, the commissioner shall issue, not later than seventy-two hours after
120		-	making such determination, a stop work order against the employer
121		-	requiring the cessation of all business operations of such employer. Such
122		-	stop work order shall be issued only against the employer found to be
123		-	in violation of subsection (g) of section 31-288 or in violation of
124		-	subsection (b) of section 31-53 and only as to the specific place of
125		-	business or employment for which the violation exists. Such order shall
126		-	be effective when served upon the employer or at the place of business
127		-	or employment. A stop work order may be served at a place of business
128		-	or employment by posting a copy of the stop work order in a
129		-	conspicuous location at the place of business or employment. Such order
130		-	shall remain in effect until the commissioner issues an order releasing House Bill No. 5267
	82	+	supplement to the general statutes is repealed and the following is 44
	83	+	substituted in lieu thereof (Effective from passage): 45
	84	+	(j) (1) (A) Each employer subject to this chapter shall submit 46
	85	+	quarterly, on forms supplied by the administrator, a listing of wage 47
	86	+	information, including the name of each employee receiving wages in 48
	87	+	employment subject to this chapter, such employee's Social Security 49
	88	+	account number and the amount of wages paid to such employee during 50
	89	+	such calendar quarter. 51
	90	+	(B) Commencing with the third calendar quarter of 2026, any 52
	91	+	employer subject to this chapter may include in the quarterly filing 53
	92	+	submitted pursuant to subparagraph (A) of this subdivision, the 54
	93	+	following data for each employee receiving wages in employment 55
	94	+	subject to this chapter: (i) Such employee's occupation, (ii) such 56
	95	+	employee's hours worked, and (iii) the [business mailing address zip 57
	96	+	code of the employer of such employee] zip code of such employee's 58
	97	+	primary worksite. 59
	98	+	Sec. 3. Section 31-402 of the general statutes is repealed and the 60
	99	+	following is substituted in lieu thereof (Effective from passage): 61
	100	+	There is hereby established an Occupational Health Clinics Advisory 62
	101	+	Committee. [Said committee shall report to the Governor and the 63
	102	+	General Assembly no later than September 15, 1990, and annually 64
	103	+	thereafter, their recommendations as to: (1) Methods for the 65
	104	+	coordination of activities among occupational health clinics, auxiliary 66
	105	+	occupational health clinics, the state and any other entities; (2) methods 67
	106	+	and the nature of disclosure of research and data collection results and 68
	107	+	related educational information; (3) the appropriate methods of 69
	108	+	funding, including sources of funding for, occupational health clinics 70
	109	+	and related state activities, particularly regarding surveillance, and (4) 71
	110	+	delineation of new goals in occupational disease detection and 72
	111	+	prevention.] The advisory committee shall consist of fifteen persons as 73
	112	+	follows: The chairpersons and ranking members of the joint standing 74
	113	+	committee of the General Assembly having cognizance of matters 75 Bill No. 5267
131	114
132		-	Public Act No. 24-147 5 of 10
133	115
134		-	the stop work order upon a finding by the commissioner that the
135		-	employer has come into compliance with the requirements of subsection
136		-	(b) of section 31-284 or subsection (b) of section 31-53, or after a hearing
137		-	held pursuant to subdivision (2) of this subsection.
138		-	(2) Any employer against which a stop work order is issued pursuant
139		-	to subdivision (1) of this subsection may request a hearing before the
140		-	commissioner. Such request shall be made in writing to the
141		-	commissioner not more than ten days after the issuance of such order.
142		-	Such hearing shall be conducted in accordance with the provisions of
143		-	chapter 54.
144		-	(3) Stop work orders and any penalties imposed under section 31-288
145		-	or 31-69a against a corporation, partnership or sole proprietorship for a
146		-	violation of subsection (g) of section 31-288 or for a violation of
147		-	subsection (b) of section 31-53 shall be effective against any successor
148		-	entity that has one or more of the same principals or officers as the
149		-	corporation, partnership or sole proprietorship against which the stop
150		-	work order was issued and are engaged in the same or equivalent trade
151		-	or activity.
152		-	[(4) The commissioner shall adopt regulations, in accordance with the
153		-	provisions of chapter 54, necessary to carry out this subsection.]
154		-	Sec. 5. Section 31-223b of the general statutes is repealed and the
155		-	following is substituted in lieu thereof (Effective from passage):
156		-	(a) For purposes of this section:
157		-	(1) "Knowingly" means having actual knowledge of or acting with
158		-	deliberate ignorance of or reckless disregard for a prohibition or
159		-	requirement under this section;
160		-	(2) "Person" means an individual, corporation, limited liability
161		-	company, company, trust, estate, partnership or association; House Bill No. 5267
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162	119
163		-	Public Act No. 24-147 6 of 10
	120	+	concerning occupational health and safety or their designees, two 76
	121	+	persons appointed by the Governor, one person appointed by the 77
	122	+	chairman of the Workers' Compensation Commission, one person 78
	123	+	appointed by the Labor Commissioner, one person appointed by the 79
	124	+	Commissioner of Public Health, one person appointed by the president 80
	125	+	pro tempore of the Senate to represent the insurance industry, one 81
	126	+	person appointed by the majority leader of the Senate to represent the 82
	127	+	business community, one person appointed by the minority leader of 83
	128	+	the Senate to represent the labor community, one person appointed by 84
	129	+	the speaker of the House of Representatives to represent the medical 85
	130	+	community, one person appointed by the majority leader of the House 86
	131	+	of Representatives to represent the labor community and one person 87
	132	+	appointed by the minority leader of the House of Representatives to 88
	133	+	represent the business community. 89
	134	+	Sec. 4. Subsection (c) of section 31-76a of the 2024 supplement to the 90
	135	+	general statutes is repealed and the following is substituted in lieu 91
	136	+	thereof (Effective from passage): 92
	137	+	(c) (1) If the commissioner determines, after an investigation 93
	138	+	pursuant to subsection (a) of this section, that an employer is in violation 94
	139	+	of (A) subsection (g) of section 31-288, or (B) subsection (b) of section 31-95
	140	+	53, the commissioner shall issue, not later than seventy-two hours after 96
	141	+	making such determination, a stop work order against the employer 97
	142	+	requiring the cessation of all business operations of such employer. Such 98
	143	+	stop work order shall be issued only against the employer found to be 99
	144	+	in violation of subsection (g) of section 31-288 or in violation of 100
	145	+	subsection (b) of section 31-53 and only as to the specific place of 101
	146	+	business or employment for which the violation exists. Such order shall 102
	147	+	be effective when served upon the employer or at the place of business 103
	148	+	or employment. A stop work order may be served at a place of business 104
	149	+	or employment by posting a copy of the stop work order in a 105
	150	+	conspicuous location at the place of business or employment. Such order 106
	151	+	shall remain in effect until the commissioner issues an order releasing 107
	152	+	the stop work order upon a finding by the commissioner that the 108 Bill No. 5267
164	153
165		-	(3) "Trade or business" includes an employer's employees; and
166		-	(4) "Violates or attempts to violate" includes, but is not limited to, the
167		-	evasion of or attempt to evade any provision of this section, or any
168		-	misrepresentation or wilful nondisclosure of information required to be
169		-	given under this section.
170		-	(b) No person who acquires the assets, organization, trade or business
171		-	of an employer solely or primarily for the purpose of obtaining a lower
172		-	contribution rate to the Unemployment Compensation Fund shall
173		-	acquire the unemployment experience of such employer, and such
174		-	acquisition shall be deemed a violation under this subsection. If the
175		-	administrator determines that a person has acquired such assets solely
176		-	or primarily for the purpose of obtaining a lower contribution rate, the
177		-	administrator shall require such person to pay contributions at the rate
178		-	provided in subsection (d) of section 31-225a for an employer who has
179		-	not been chargeable with benefits for a sufficient period of time to have
180		-	such employer's rate otherwise computed under section 31-225a or,
181		-	where applicable, the person's charged tax rate, as provided in
182		-	subsection (e) of section 31-225a, whichever is greater. In determining
183		-	whether the assets, organization, trade or business of an employer was
184		-	acquired solely or primarily for the purpose of obtaining a lower
185		-	contribution rate, the factors the administrator shall consider shall
186		-	include, but not be limited to, the cost of acquiring the business, whether
187		-	the person continued the business activity of the acquired business, how
188		-	long the business was continued and whether a substantial number of
189		-	new employees were hired for performance of duties unrelated to the
190		-	business activity conducted by the business prior to its acquisition.
191		-	(c) Notwithstanding any other provision of this chapter relating to
192		-	the transfer of unemployment experience, if an employer transfers its
193		-	assets, organization, trade or business, or a portion of its assets,
194		-	organization, trade or business, to another employer with whom, at the
195		-	time of such transfer, the transferring employer shares substantially House Bill No. 5267
196	154
197		-	Public Act No. 24-147 7 of 10
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198	158
199		-	common ownership, management or control, the unemployment
200		-	experience of the transferring employer shall be transferred to the
201		-	receiving employer. The administrator shall recalculate the contribution
202		-	rates of both employers and make such recalculated rates effective upon
203		-	the date of the transfer. The administrator may require from any
204		-	employer, whether or not otherwise subject to this chapter, any sworn
205		-	or unsworn reports that are necessary for the effective administration of
206		-	this section.
207		-	(d) In addition to the penalty imposed pursuant to subsection (e) of
208		-	this section and any applicable penalties under this chapter, if a person
209		-	knowingly violates or attempts to violate any provision of subsection
210		-	(b) or (c) of this section, or any other provision of this chapter relating to
211		-	determining the assignment of a contribution rate, or knowingly advises
212		-	another person in the violation of subsection (b) or (c) of this section,
213		-	such person shall be subject to the following penalties:
214		-	(1) If the person is an employer, such person shall be assigned a
215		-	penalty rate of contributions of two per cent of taxable wages for the
216		-	year during which such violation or attempted violation occurred and
217		-	for the following three years.
218		-	(2) If the person is not an employer, such person shall be subject to a
219		-	civil penalty of not less than five hundred dollars or more than five
220		-	thousand dollars. Any such penalty shall be deposited into the
221		-	Employment Security Special Administration Fund established under
222		-	subsection (d) of section 31-259.
223		-	(e) Any person who violates this section shall be fined not more than
224		-	two thousand dollars or imprisoned not more than one year, or both.
225		-	[(f) The administrator shall adopt regulations, in accordance with the
226		-	provisions of chapter 54, to establish procedures and guidelines
227		-	necessary to implement the provisions of this section, including House Bill No. 5267
	159	+	employer has come into compliance with the requirements of subsection 109
	160	+	(b) of section 31-284 or subsection (b) of section 31-53, or after a hearing 110
	161	+	held pursuant to subdivision (2) of this subsection. 111
	162	+	(2) Any employer against which a stop work order is issued pursuant 112
	163	+	to subdivision (1) of this subsection may request a hearing before the 113
	164	+	commissioner. Such request shall be made in writing to the 114
	165	+	commissioner not more than ten days after the issuance of such order. 115
	166	+	Such hearing shall be conducted in accordance with the provisions of 116
	167	+	chapter 54. 117
	168	+	(3) Stop work orders and any penalties imposed under section 31-288 118
	169	+	or 31-69a against a corporation, partnership or sole proprietorship for a 119
	170	+	violation of subsection (g) of section 31-288 or for a violation of 120
	171	+	subsection (b) of section 31-53 shall be effective against any successor 121
	172	+	entity that has one or more of the same principals or officers as the 122
	173	+	corporation, partnership or sole proprietorship against which the stop 123
	174	+	work order was issued and are engaged in the same or equivalent trade 124
	175	+	or activity. 125
	176	+	[(4) The commissioner shall adopt regulations, in accordance with the 126
	177	+	provisions of chapter 54, necessary to carry out this subsection.] 127
	178	+	Sec. 5. Section 31-223b of the general statutes is repealed and the 128
	179	+	following is substituted in lieu thereof (Effective from passage): 129
	180	+	(a) For purposes of this section: 130
	181	+	(1) "Knowingly" means having actual knowledge of or acting with 131
	182	+	deliberate ignorance of or reckless disregard for a prohibition or 132
	183	+	requirement under this section; 133
	184	+	(2) "Person" means an individual, corporation, limited liability 134
	185	+	company, company, trust, estate, partnership or association; 135
	186	+	(3) "Trade or business" includes an employer's employees; and 136 Bill No. 5267
228	187
229		-	Public Act No. 24-147 8 of 10
230	188
231		-	procedures to identify the transfer or acquisition of a business for
232		-	purposes of this section.]
233		-	[(g)] (f) This section shall be interpreted and applied in such a manner
234		-	as to meet the minimum requirements of Public Law 108-295 as
235		-	interpreted by the federal Department of Labor.
236		-	[(h)] (g) This section shall apply to unemployment compensation tax
237		-	years beginning on and after January 1, 2006.
238		-	Sec. 6. Section 38a-513e of the general statutes is repealed and the
239		-	following is substituted in lieu thereof (Effective from passage):
240		-	(a) In the event (1) an employer, as defined in section 31-58,
241		-	terminates an employee for any reason other than layoff or relocation or
242		-	closing of a covered establishment, [as defined in section 31-51n,] or (2)
243		-	an employee voluntarily terminates employment with an employer,
244		-	such employer may elect not to pay the premium for such employee and
245		-	any such employee's dependents under a group health insurance policy
246		-	after the date of such employee's termination. In the event such
247		-	employer makes such election, any insurer, health care center, hospital
248		-	service corporation, medical service corporation or fraternal benefit
249		-	society that issues such group health insurance policy shall credit such
250		-	employer the amount of any premium paid by such employer with
251		-	respect to such policy for such employee and such employee's
252		-	dependents attributable to the period after the date of such employee's
253		-	termination, provided the employer notifies the insurer, health care
254		-	center, hospital service corporation, medical service corporation or
255		-	fraternal benefit society that issued such policy and the terminated
256		-	employee not later than seventy-two hours after the termination. Upon
257		-	the issuance or renewal of such policy, such insurer, health care center,
258		-	hospital service corporation, medical service corporation or fraternal
259		-	benefit society shall provide such employer with relevant information
260		-	related to such employer's election, including a notice that it is the House Bill No. 5267
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262		-	Public Act No. 24-147 9 of 10
	193	+	(4) "Violates or attempts to violate" includes, but is not limited to, the 137
	194	+	evasion of or attempt to evade any provision of this section, or any 138
	195	+	misrepresentation or wilful nondisclosure of information required to be 139
	196	+	given under this section. 140
	197	+	(b) No person who acquires the assets, organization, trade or business 141
	198	+	of an employer solely or primarily for the purpose of obtaining a lower 142
	199	+	contribution rate to the Unemployment Compensation Fund shall 143
	200	+	acquire the unemployment experience of such employer, and such 144
	201	+	acquisition shall be deemed a violation under this subsection. If the 145
	202	+	administrator determines that a person has acquired such assets solely 146
	203	+	or primarily for the purpose of obtaining a lower contribution rate, the 147
	204	+	administrator shall require such person to pay contributions at the rate 148
	205	+	provided in subsection (d) of section 31-225a for an employer who has 149
	206	+	not been chargeable with benefits for a sufficient period of time to have 150
	207	+	such employer's rate otherwise computed under section 31-225a or, 151
	208	+	where applicable, the person's charged tax rate, as provided in 152
	209	+	subsection (e) of section 31-225a, whichever is greater. In determining 153
	210	+	whether the assets, organization, trade or business of an employer was 154
	211	+	acquired solely or primarily for the purpose of obtaining a lower 155
	212	+	contribution rate, the factors the administrator shall consider shall 156
	213	+	include, but not be limited to, the cost of acquiring the business, whether 157
	214	+	the person continued the business activity of the acquired business, how 158
	215	+	long the business was continued and whether a substantial number of 159
	216	+	new employees were hired for performance of duties unrelated to the 160
	217	+	business activity conducted by the business prior to its acquisition. 161
	218	+	(c) Notwithstanding any other provision of this chapter relating to 162
	219	+	the transfer of unemployment experience, if an employer transfers its 163
	220	+	assets, organization, trade or business, or a portion of its assets, 164
	221	+	organization, trade or business, to another employer with whom, at the 165
	222	+	time of such transfer, the transferring employer shares substantially 166
	223	+	common ownership, management or control, the unemployment 167
	224	+	experience of the transferring employer shall be transferred to the 168
	225	+	receiving employer. The administrator shall recalculate the contribution 169 Bill No. 5267
263	226
264		-	employer's responsibility to remit to the terminated employee such
265		-	employee's portion of the credited premium. Any such credit shall be
266		-	applied to the employer's next month's premium. In the event of
267		-	nonrenewal of such policy, the insurer, health care center, hospital
268		-	service corporation, medical service corporation or fraternal benefit
269		-	society shall refund such credit to the employer. As used in this section,
270		-	"covered establishment" means any industrial, commercial or business
271		-	facility which employs, or has employed at any time in the preceding
272		-	twelve-month period, one hundred or more persons.
273		-	(b) Notwithstanding the provisions of subsection (a) of this section,
274		-	(1) any contractual agreement entered into through collective
275		-	bargaining that requires the employer to pay the premium for an
276		-	employee under a group health insurance policy after the date of such
277		-	employee's termination shall supersede the provisions of subsection (a)
278		-	of this section, and (2) no credit shall be available to an employer for any
279		-	employee's and employee's dependents' coverage for the seventy-two
280		-	hours immediately following the termination of such employee.
281		-	(c) Any right of an employee and his dependents to continuation of
282		-	coverage following the relocation or closing of a covered establishment
283		-	[, as set forth in section 31-51o,] shall not be affected by the provisions
284		-	of this section.
285		-	Sec. 7. Subsection (a) of section 31-69a of the 2024 supplement to the
286		-	general statutes is repealed and the following is substituted in lieu
287		-	thereof (Effective January 1, 2025):
288		-	(a) In addition to the penalties provided in this chapter and chapter
289		-	568, any employer, officer, agent or other person who violates any
290		-	provision of this chapter, chapter 557 or subsection (g) of section 31-288
291		-	shall be liable to the Labor Department for a civil penalty of three
292		-	hundred dollars for each violation of said chapters and for each
293		-	violation of subsection (g) of section 31-288, except that (1) any person House Bill No. 5267
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297		-	who violates (A) a stop work order issued pursuant to subsection (c) of
298		-	section 31-76a, as amended by this act, shall be liable to the Labor
299		-	Department for a civil penalty of five thousand dollars and each day of
300		-	such violation shall constitute a separate offense, and (B) any provision
301		-	of [section] sections 31-12 [, 31-13 or] to 31-14, inclusive, subsection (a)
302		-	of section 31-15 or section 31-18, 31-23 or 31-24 shall be liable to the
303		-	Labor Department for a civil penalty of six hundred dollars for each
304		-	violation of said sections, [and] (2) a violation of subsection (g) of section
305		-	31-288 shall constitute a separate offense for each day of such violation,
306		-	and (3) any employer that violates the provisions of sections 31-57s to
307		-	31-57u, inclusive, or section 31-57w shall be liable to the Labor
308		-	Department in accordance with the provisions of sections 31-57v and
309		-	31-57w.
310		-	Sec. 8. Sections 31-51n, 31-51o and 31-76l of the general statutes are
311		-	repealed. (Effective from passage)
	232	+	rates of both employers and make such recalculated rates effective upon 170
	233	+	the date of the transfer. The administrator may require from any 171
	234	+	employer, whether or not otherwise subject to this chapter, any sworn 172
	235	+	or unsworn reports that are necessary for the effective administration of 173
	236	+	this section. 174
	237	+	(d) In addition to the penalty imposed pursuant to subsection (e) of 175
	238	+	this section and any applicable penalties under this chapter, if a person 176
	239	+	knowingly violates or attempts to violate any provision of subsection 177
	240	+	(b) or (c) of this section, or any other provision of this chapter relating to 178
	241	+	determining the assignment of a contribution rate, or knowingly advises 179
	242	+	another person in the violation of subsection (b) or (c) of this section, 180
	243	+	such person shall be subject to the following penalties: 181
	244	+	(1) If the person is an employer, such person shall be assigned a 182
	245	+	penalty rate of contributions of two per cent of taxable wages for the 183
	246	+	year during which such violation or attempted violation occurred and 184
	247	+	for the following three years. 185
	248	+	(2) If the person is not an employer, such person shall be subject to a 186
	249	+	civil penalty of not less than five hundred dollars or more than five 187
	250	+	thousand dollars. Any such penalty shall be deposited into the 188
	251	+	Employment Security Special Administration Fund established under 189
	252	+	subsection (d) of section 31-259. 190
	253	+	(e) Any person who violates this section shall be fined not more than 191
	254	+	two thousand dollars or imprisoned not more than one year, or both. 192
	255	+	[(f) The administrator shall adopt regulations, in accordance with the 193
	256	+	provisions of chapter 54, to establish procedures and guidelines 194
	257	+	necessary to implement the provisions of this section, including 195
	258	+	procedures to identify the transfer or acquisition of a business for 196
	259	+	purposes of this section.] 197
	260	+	[(g)] (f) This section shall be interpreted and applied in such a manner 198
	261	+	as to meet the minimum requirements of Public Law 108-295 as 199
	262	+	interpreted by the federal Department of Labor. 200 Bill No. 5267
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	268	+
	269	+	[(h)] (g) This section shall apply to unemployment compensation tax 201
	270	+	years beginning on and after January 1, 2006. 202
	271	+	Sec. 6. Section 38a-513e of the general statutes is repealed and the 203
	272	+	following is substituted in lieu thereof (Effective from passage): 204
	273	+	(a) In the event (1) an employer, as defined in section 31-58, 205
	274	+	terminates an employee for any reason other than layoff or relocation or 206
	275	+	closing of a covered establishment, [as defined in section 31-51n,] or (2) 207
	276	+	an employee voluntarily terminates employment with an employer, 208
	277	+	such employer may elect not to pay the premium for such employee and 209
	278	+	any such employee's dependents under a group health insurance policy 210
	279	+	after the date of such employee's termination. In the event such 211
	280	+	employer makes such election, any insurer, health care center, hospital 212
	281	+	service corporation, medical service corporation or fraternal benefit 213
	282	+	society that issues such group health insurance policy shall credit such 214
	283	+	employer the amount of any premium paid by such employer with 215
	284	+	respect to such policy for such employee and such employee's 216
	285	+	dependents attributable to the period after the date of such employee's 217
	286	+	termination, provided the employer notifies the insurer, health care 218
	287	+	center, hospital service corporation, medical service corporation or 219
	288	+	fraternal benefit society that issued such policy and the terminated 220
	289	+	employee not later than seventy-two hours after the termination. Upon 221
	290	+	the issuance or renewal of such policy, such insurer, health care center, 222
	291	+	hospital service corporation, medical service corporation or fraternal 223
	292	+	benefit society shall provide such employer with relevant information 224
	293	+	related to such employer's election, including a notice that it is the 225
	294	+	employer's responsibility to remit to the terminated employee such 226
	295	+	employee's portion of the credited premium. Any such credit shall be 227
	296	+	applied to the employer's next month's premium. In the event of 228
	297	+	nonrenewal of such policy, the insurer, health care center, hospital 229
	298	+	service corporation, medical service corporation or fraternal benefit 230
	299	+	society shall refund such credit to the employer. As used in this section, 231
	300	+	"covered establishment" means any industrial, commercial or business 232
	301	+	facility which employs, or has employed at any time in the preceding 233 Bill No. 5267
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	307	+
	308	+	twelve-month period, one hundred or more persons. 234
	309	+	(b) Notwithstanding the provisions of subsection (a) of this section, 235
	310	+	(1) any contractual agreement entered into through collective 236
	311	+	bargaining that requires the employer to pay the premium for an 237
	312	+	employee under a group health insurance policy after the date of such 238
	313	+	employee's termination shall supersede the provisions of subsection (a) 239
	314	+	of this section, and (2) no credit shall be available to an employer for any 240
	315	+	employee's and employee's dependents' coverage for the seventy-two 241
	316	+	hours immediately following the termination of such employee. 242
	317	+	(c) Any right of an employee and his dependents to continuation of 243
	318	+	coverage following the relocation or closing of a covered establishment 244
	319	+	[, as set forth in section 31-51o,] shall not be affected by the provisions 245
	320	+	of this section. 246
	321	+	Sec. 7. Sections 31-51n, 31-51o and 31-76l of the general statutes are 247
	322	+	repealed. (Effective from passage) 248
	323	+	This act shall take effect as follows and shall amend the following
	324	+	sections:
	325	+
	326	+	Section 1 from passage 31-2
	327	+	Sec. 2 from passage 31-225a(j)(1)
	328	+	Sec. 3 from passage 31-402
	329	+	Sec. 4 from passage 31-76a(c)
	330	+	Sec. 5 from passage 31-223b
	331	+	Sec. 6 from passage 38a-513e
	332	+	Sec. 7 from passage Repealer section
	333	+
	334	+	LAB Joint Favorable
312	335