House Bill No. 5267
Public Act No. 24-147
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
is repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) The Labor Commissioner shall collect information upon the
subject of labor, the hours of labor, the earnings of laboring individuals
and the means of promoting their material, social and intellectual
prosperity, and may summon and examine under oath such witnesses,
and may direct the production of, and examine or cause to be produced
and examined, such books, records, vouchers, memoranda, documents,
letters, contracts or other papers in relation thereto as he deems
necessary, and shall have the same powers in relation thereto as are
vested in magistrates in taking depositions, but for this purpose persons
shall not be required to leave the vicinity of their residences or places of
business.
(b) The commissioner may adopt regulations, in accordance with the
provisions of chapter 54, for all programs within the jurisdiction of the House Bill No. 5267
Public Act No. 24-147 2 of 10
Labor Department, including, but not limited to, employment and
training programs in the state.
(c) The commissioner may request the Attorney General to bring an
action in Superior Court for injunctive relief requiring compliance with
any statute, regulation, order or permit administered, adopted or issued
by the commissioner.
(d) The commissioner shall assist state agencies, boards and
commissions that issue occupational certificates or licenses in (1)
determining when to recognize and accept military training and
experience in lieu of all or part of the training and experience required
for a specific professional or occupational license, and (2) reviewing and
revising policies and procedures to ensure that relevant military
education, skills and training are given appropriate recognition in the
certification and licensing process.
(e) The commissioner may enter into contractual agreements, as may
be necessary, for all programs, activities, services and grants within the
jurisdiction of the Labor Department, including, but not limited to,
employment and training programs in the state and the application for
and use, administration or repayments of any federal funds made
available or allotted under any federal law.
(f) (1) The powers and duties enumerated in this section shall be in
addition to any other powers and duties conferred to the Labor
Commissioner in any other provision of the general statutes.
(2) Nothing in this section shall limit any other powers or duties
conferred to the Labor Commissioner in any other provisions of the
general statutes.
Sec. 2. Subdivision (1) of subsection (j) of section 31-225a of the 2024
supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective from passage): House Bill No. 5267
Public Act No. 24-147 3 of 10
(j) (1) (A) Each employer subject to this chapter shall submit
quarterly, on forms supplied by the administrator, a listing of wage
information, including the name of each employee receiving wages in
employment subject to this chapter, such employee's Social Security
account number and the amount of wages paid to such employee during
such calendar quarter.
(B) Commencing with the third calendar quarter of 2026, any
employer subject to this chapter may include in the quarterly filing
submitted pursuant to subparagraph (A) of this subdivision, the
following data for each employee receiving wages in employment
subject to this chapter: (i) Such employee's occupation, (ii) such
employee's hours worked, and (iii) the [business mailing address zip
code of the employer of such employee] zip code of such employee's
primary worksite.
Sec. 3. Section 31-402 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
There is hereby established an Occupational Health Clinics Advisory
Committee. [Said committee shall report to the Governor and the
General Assembly no later than September 15, 1990, and annually
thereafter, their recommendations as to: (1) Methods for the
coordination of activities among occupational health clinics, auxiliary
occupational health clinics, the state and any other entities; (2) methods
and the nature of disclosure of research and data collection results and
related educational information; (3) the appropriate methods of
funding, including sources of funding for, occupational health clinics
and related state activities, particularly regarding surveillance, and (4)
delineation of new goals in occupational disease detection and
prevention.] The advisory committee shall consist of fifteen persons as
follows: The chairpersons and ranking members of the joint standing
committee of the General Assembly having cognizance of matters
concerning occupational health and safety or their designees, two House Bill No. 5267
Public Act No. 24-147 4 of 10
persons appointed by the Governor, one person appointed by the
chairman of the Workers' Compensation Commission, one person
appointed by the Labor Commissioner, one person appointed by the
Commissioner of Public Health, one person appointed by the president
pro tempore of the Senate to represent the insurance industry, one
person appointed by the majority leader of the Senate to represent the
business community, one person appointed by the minority leader of
the Senate to represent the labor community, one person appointed by
the speaker of the House of Representatives to represent the medical
community, one person appointed by the majority leader of the House
of Representatives to represent the labor community and one person
appointed by the minority leader of the House of Representatives to
represent the business community.
Sec. 4. Subsection (c) of section 31-76a of the 2024 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(c) (1) If the commissioner determines, after an investigation
pursuant to subsection (a) of this section, that an employer is in violation
of (A) subsection (g) of section 31-288, or (B) subsection (b) of section 31-
53, the commissioner shall issue, not later than seventy-two hours after
making such determination, a stop work order against the employer
requiring the cessation of all business operations of such employer. Such
stop work order shall be issued only against the employer found to be
in violation of subsection (g) of section 31-288 or in violation of
subsection (b) of section 31-53 and only as to the specific place of
business or employment for which the violation exists. Such order shall
be effective when served upon the employer or at the place of business
or employment. A stop work order may be served at a place of business
or employment by posting a copy of the stop work order in a
conspicuous location at the place of business or employment. Such order
shall remain in effect until the commissioner issues an order releasing House Bill No. 5267
Public Act No. 24-147 5 of 10
the stop work order upon a finding by the commissioner that the
employer has come into compliance with the requirements of subsection
(b) of section 31-284 or subsection (b) of section 31-53, or after a hearing
held pursuant to subdivision (2) of this subsection.
(2) Any employer against which a stop work order is issued pursuant
to subdivision (1) of this subsection may request a hearing before the
commissioner. Such request shall be made in writing to the
commissioner not more than ten days after the issuance of such order.
Such hearing shall be conducted in accordance with the provisions of
chapter 54.
(3) Stop work orders and any penalties imposed under section 31-288
or 31-69a against a corporation, partnership or sole proprietorship for a
violation of subsection (g) of section 31-288 or for a violation of
subsection (b) of section 31-53 shall be effective against any successor
entity that has one or more of the same principals or officers as the
corporation, partnership or sole proprietorship against which the stop
work order was issued and are engaged in the same or equivalent trade
or activity.
[(4) The commissioner shall adopt regulations, in accordance with the
provisions of chapter 54, necessary to carry out this subsection.]
Sec. 5. Section 31-223b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) For purposes of this section:
(1) "Knowingly" means having actual knowledge of or acting with
deliberate ignorance of or reckless disregard for a prohibition or
requirement under this section;
(2) "Person" means an individual, corporation, limited liability
company, company, trust, estate, partnership or association; House Bill No. 5267
Public Act No. 24-147 6 of 10
(3) "Trade or business" includes an employer's employees; and
(4) "Violates or attempts to violate" includes, but is not limited to, the
evasion of or attempt to evade any provision of this section, or any
misrepresentation or wilful nondisclosure of information required to be
given under this section.
(b) No person who acquires the assets, organization, trade or business
of an employer solely or primarily for the purpose of obtaining a lower
contribution rate to the Unemployment Compensation Fund shall
acquire the unemployment experience of such employer, and such
acquisition shall be deemed a violation under this subsection. If the
administrator determines that a person has acquired such assets solely
or primarily for the purpose of obtaining a lower contribution rate, the
administrator shall require such person to pay contributions at the rate
provided in subsection (d) of section 31-225a for an employer who has
not been chargeable with benefits for a sufficient period of time to have
such employer's rate otherwise computed under section 31-225a or,
where applicable, the person's charged tax rate, as provided in
subsection (e) of section 31-225a, whichever is greater. In determining
whether the assets, organization, trade or business of an employer was
acquired solely or primarily for the purpose of obtaining a lower
contribution rate, the factors the administrator shall consider shall
include, but not be limited to, the cost of acquiring the business, whether
the person continued the business activity of the acquired business, how
long the business was continued and whether a substantial number of
new employees were hired for performance of duties unrelated to the
business activity conducted by the business prior to its acquisition.
(c) Notwithstanding any other provision of this chapter relating to
the transfer of unemployment experience, if an employer transfers its
assets, organization, trade or business, or a portion of its assets,
organization, trade or business, to another employer with whom, at the
time of such transfer, the transferring employer shares substantially House Bill No. 5267
Public Act No. 24-147 7 of 10
common ownership, management or control, the unemployment
experience of the transferring employer shall be transferred to the
receiving employer. The administrator shall recalculate the contribution
rates of both employers and make such recalculated rates effective upon
the date of the transfer. The administrator may require from any
employer, whether or not otherwise subject to this chapter, any sworn
or unsworn reports that are necessary for the effective administration of
this section.
(d) In addition to the penalty imposed pursuant to subsection (e) of
this section and any applicable penalties under this chapter, if a person
knowingly violates or attempts to violate any provision of subsection
(b) or (c) of this section, or any other provision of this chapter relating to
determining the assignment of a contribution rate, or knowingly advises
another person in the violation of subsection (b) or (c) of this section,
such person shall be subject to the following penalties:
(1) If the person is an employer, such person shall be assigned a
penalty rate of contributions of two per cent of taxable wages for the
year during which such violation or attempted violation occurred and
for the following three years.
(2) If the person is not an employer, such person shall be subject to a
civil penalty of not less than five hundred dollars or more than five
thousand dollars. Any such penalty shall be deposited into the
Employment Security Special Administration Fund established under
subsection (d) of section 31-259.
(e) Any person who violates this section shall be fined not more than
two thousand dollars or imprisoned not more than one year, or both.
[(f) The administrator shall adopt regulations, in accordance with the
provisions of chapter 54, to establish procedures and guidelines
necessary to implement the provisions of this section, including House Bill No. 5267
Public Act No. 24-147 8 of 10
procedures to identify the transfer or acquisition of a business for
purposes of this section.]
[(g)] (f) This section shall be interpreted and applied in such a manner
as to meet the minimum requirements of Public Law 108-295 as
interpreted by the federal Department of Labor.
[(h)] (g) This section shall apply to unemployment compensation tax
years beginning on and after January 1, 2006.
Sec. 6. Section 38a-513e of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) In the event (1) an employer, as defined in section 31-58,
terminates an employee for any reason other than layoff or relocation or
closing of a covered establishment, [as defined in section 31-51n,] or (2)
an employee voluntarily terminates employment with an employer,
such employer may elect not to pay the premium for such employee and
any such employee's dependents under a group health insurance policy
after the date of such employee's termination. In the event such
employer makes such election, any insurer, health care center, hospital
service corporation, medical service corporation or fraternal benefit
society that issues such group health insurance policy shall credit such
employer the amount of any premium paid by such employer with
respect to such policy for such employee and such employee's
dependents attributable to the period after the date of such employee's
termination, provided the employer notifies the insurer, health care
center, hospital service corporation, medical service corporation or
fraternal benefit society that issued such policy and the terminated
employee not later than seventy-two hours after the termination. Upon
the issuance or renewal of such policy, such insurer, health care center,
hospital service corporation, medical service corporation or fraternal
benefit society shall provide such employer with relevant information
related to such employer's election, including a notice that it is the House Bill No. 5267
Public Act No. 24-147 9 of 10
employer's responsibility to remit to the terminated employee such
employee's portion of the credited premium. Any such credit shall be
applied to the employer's next month's premium. In the event of
nonrenewal of such policy, the insurer, health care center, hospital
service corporation, medical service corporation or fraternal benefit
society shall refund such credit to the employer. As used in this section,
"covered establishment" means any industrial, commercial or business
facility which employs, or has employed at any time in the preceding
twelve-month period, one hundred or more persons.
(b) Notwithstanding the provisions of subsection (a) of this section,
(1) any contractual agreement entered into through collective
bargaining that requires the employer to pay the premium for an
employee under a group health insurance policy after the date of such
employee's termination shall supersede the provisions of subsection (a)
of this section, and (2) no credit shall be available to an employer for any
employee's and employee's dependents' coverage for the seventy-two
hours immediately following the termination of such employee.
(c) Any right of an employee and his dependents to continuation of
coverage following the relocation or closing of a covered establishment
[, as set forth in section 31-51o,] shall not be affected by the provisions
of this section.
Sec. 7. Subsection (a) of section 31-69a of the 2024 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective January 1, 2025):
(a) In addition to the penalties provided in this chapter and chapter
568, any employer, officer, agent or other person who violates any
provision of this chapter, chapter 557 or subsection (g) of section 31-288
shall be liable to the Labor Department for a civil penalty of three
hundred dollars for each violation of said chapters and for each
violation of subsection (g) of section 31-288, except that (1) any person House Bill No. 5267
Public Act No. 24-147 10 of 10
who violates (A) a stop work order issued pursuant to subsection (c) of
section 31-76a, as amended by this act, shall be liable to the Labor
Department for a civil penalty of five thousand dollars and each day of
such violation shall constitute a separate offense, and (B) any provision
of [section] sections 31-12 [, 31-13 or] to 31-14, inclusive, subsection (a)
of section 31-15 or section 31-18, 31-23 or 31-24 shall be liable to the
Labor Department for a civil penalty of six hundred dollars for each
violation of said sections, [and] (2) a violation of subsection (g) of section
31-288 shall constitute a separate offense for each day of such violation,
and (3) any employer that violates the provisions of sections 31-57s to
31-57u, inclusive, or section 31-57w shall be liable to the Labor
Department in accordance with the provisions of sections 31-57v and
31-57w.
Sec. 8. Sections 31-51n, 31-51o and 31-76l of the general statutes are
repealed. (Effective from passage)