HB 5005 — AN ACT EXPANDING PAID SICK DAYS IN THE STATE.
Last action — SIGNED BY GOVERNOR
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 29, 2024. Enacted.
Signed by Governor Ned Lamont (Democratic) on May 21, 2024.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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35 sponsors
35 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (31 D).
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Mixed recorded votes
1 passed, 1 failed in recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
489 added · 881 removedPlain-language change summary
The amendment to HB 5005 modifies the definition of "child" to include broader categories, such as any biological, adopted, or foster child, and those standing in loco parentis, while removing specifics about age and disabilities. Additionally, the term "day or temporary worker" has been entirely removed from the definitions. These changes are significant because they streamline the definitions to be more inclusive, which can impact eligibility for benefits and protections under the law for employees and their families.
Substitute House ofBill Representatives File No.
6175005 GeneralPublic AssemblyAct February Session, 2024Reprint of File No.
357)24-8 SubstituteAN HouseACT BillEXPANDING No.PAID SICK DAYS IN THE STATE.
5005 As Amended by House Amendment Schedule "B" Approved by the Legislative Commissioner April 26, 2024 AN ACT EXPANDING PAID SICK DAYS IN THE STATE.
sHB5005[(2) /"Day Fileor temporary worker" means an individual who performs work for another on (A) a per diem basis, or (B) an occasional or irregular basis for only the time required to complete such work, whether such individual is paid by the person for whom such work is performed or by an employment agency or temporary help service, as Substitute House Bill No.
6175005 sHB5005defined Filein No.section 31-129;] [(3)] (2) "Employee" means an individual engaged in service to an employer in the business of the employer.
617 [(2) "Day or temporary worker" means an individual who performs work for another on (A) a per diem basis, or (B) an occasional or irregular basis for only the time required to complete such work, whether such individual is paid by the person for whom such work is performed or by an employment agency or temporary help service, as defined in section 31-129;] [(3)] (2) "Employee" means an individual engaged in service to an employer in the business of the employer.
Recreation, child care and education;] "Employer" does not include (i) an employer that participates in a multiemployer health plan in which more than one employer is required to contribute to such plan and such plan is sHB5005maintained /pursuant Fileto one or more collective bargaining agreements between a construction-related tradesperson employee organization or Public Act No.
61724-8 sHB50052 Fileof 17 Substitute House Bill No.
6175005 maintained pursuant to one or more collective bargaining agreements between a construction-related tradesperson employee organization or organizations and employers, or (ii) a self-employed individual;
(8)Public "ServiceAct worker" means an employee primarily engaged in an sHB5005 / File No.
61724-8 sHB50053 Fileof 17 Substitute House Bill No.
6175005 (8) "Service worker" means an employee primarily engaged in an occupation with one of the following broad or detailed occupation code numbers and titles, as defined by the federal Bureau of Labor Statistics Standard Occupational Classification system or any successor system:
(G) 25- 4020 Librarians;
(L) 29- 1150 Nurse Anesthetists;
(KK) 37- 2011 Janitors and Cleaners, Except Maids and Housekeeping Cleaners;
(TT) 41-2021 Counter and RentalPublic Clerks;Act No.
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5005 Rental Clerks;
(YY) 43-5020 Couriers and sHB5005Messengers; / File No.
617 sHB5005 File No.
617 Messengers;
[(10)]Public (14)Act "Spouse"No. means a [husband or wife, as the case may be] person who is (A) legally married to an employee under the laws of any state, or (B)a domesticpartnerofanemployeeregisteredunder thelaws of any state or political subdivision;
and24-8 sHB50055 /of File17 Substitute House Bill No.
6175005 sHB5005[(10)] File(14) No."Spouse" means a [husband or wife, as the case may be] person who is (A) legally married to an employee under the laws of any state, or (B)a domesticpartnerofanemployeeregisteredunder thelaws of any state or political subdivision;
617and [(11)] (15) "Year" means any three-hundred-sixty-five-day period used by an employer to calculate employee benefits.
In lieu of any carry-over of unused paid sick leave from the current year to the following year,an employer may provide an employee with an amount of paid sick leave that meets or exceeds the requirements of this subsection and is available for the employee's immediate use at the beginning of the followingPublic year.Act No.
(b)24-8 [A6 service worker] An employee shall be entitled to the use of any17 accruedpaidsickSubstitute leaveHouse [uponthecompletionoftheserviceBill worker'ssix- hundred-eightieth hour of employment from January 1, 2012, if the service worker was hired prior to January 1, 2012, or if hired after January 1, 2012, upon the completion of the service worker's six- sHB5005 / File No.
6175005 sHB5005following Fileyear. No.
617(b) [A service worker] An employee shall be entitled to the use of any accruedpaidsick leave [uponthecompletionoftheservice worker'ssix- hundred-eightieth hour of employment from January 1, 2012, if the service worker was hired prior to January 1, 2012, or if hired after January 1, 2012, upon the completion of the service worker's six- hundred-eightieth hour of employment from the date of hire, unless the employer agreesto anearlier date.
(e)Public NotwithstandingAct theNo. provisions of this section and sections 31-57t to 31-57w, inclusive, as amended by this act, and upon the mutual consent of the [service worker] employee and employer, [a service worker] an employee who chooses to work additional hours or shifts during the same or following pay period, in lieu of hours or shifts missed, shall not use accrued paid sick leave.
(f)24-8 An7 employeeof who17 isSubstitute exemptHouse fromBill overtime requirements under sHB5005 / File No.
6175005 sHB5005(e) FileNotwithstanding No.the provisions of this section and sections 31-57t to 31-57w, inclusive, as amended by this act, and upon the mutual consent of the [service worker] employee and employer, [a service worker] an employee who chooses to work additional hours or shifts during the same or following pay period, in lieu of hours or shifts missed, shall not use accrued paid sick leave.
617(f) An employee who is exempt from overtime requirements under the provisions of 29 USC 213(a)(1), as amended from time to time, shall be presumed to work forty hours each work week for purposes of paid sick leave accrual, except each such employee, whose normal work week is less than forty hours, shall accrue paid sick leave based upon the hours worked in such normal work week.
[(f)](i)No employer shall(1)terminate any employee, (2)dismissany employee, or (3) transfer any employee from one worksite to another solely in order to not qualify as an employer, as defined in section 31- 57r,Public asAct amendedNo. by this act.
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5005 57r, as amended by this act.
(1) For (A) [a service worker's] an employee's illness, injury or health sHB5005condition, /(B) Filethe No.medical diagnosis, care or treatment of [a service worker's] an employee's mental [illness] or physical illness, injury or health condition, (C) preventative medical care for [a service worker] an employee's mental or physical health, or (D) a mental health wellness day;
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617 condition, (B) the medical diagnosis, care or treatment of [a service worker's] an employee's mental [illness] or physical illness, injury or health condition, (C) preventative medical care for [a service worker] an employee's mental or physical health, or (D) a mental health wellness day;
Show all 225 changed lines (185 more)
and [(3)]Public (5)Act WhereNo. [a service worker] an employee or an employee's family member is [(A)] a victim of family violence or sexual assault, [or (B) the parent or guardian of a child who is a victim of family violence or sexual assault,] provided such [service worker] employee is not the perpetrator or alleged perpetrator of such family violence or sexual assault, for [(i)] (A) medical care or psychological or other counseling for physical or psychological injury or disability, [(ii)] (B) obtaining services from a victim services organization, [(iii)] (C) relocating due to such family violence or sexual assault, or [(iv)] (D) participating in any civil or criminal proceedings related to or resulting from such family violence or sexual assault.
sHB500524-8 /9 Fileof 17 Substitute House Bill No.
6175005 sHB5005[(3)] File(5) No.Where [a service worker] an employee or an employee's family member is [(A)] a victim of family violence or sexual assault, [or (B) the parent or guardian of a child who is a victim of family violence or sexual assault,] provided such [service worker] employee is not the perpetrator or alleged perpetrator of such family violence or sexual assault, for [(i)] (A) medical care or psychological or other counseling for physical or psychological injury or disability, [(ii)] (B) obtaining services from a victim services organization, [(iii)] (C) relocating due to such family violence or sexual assault, or [(iv)] (D) participating in any civil or criminal proceedings related to or resulting from such family violence or sexual assault.
617 (b) [If a service worker's need to use paid sick leave is foreseeable, an employer may require advance notice, not to exceed seven days prior to the date such leave is to begin, of the intention to use such leave.
(c)Public NothingAct inNo. sections 31-57s to 31-57w, inclusive, as amended by this act, shall be deemed to require any employer to provide paid sick leave for [a service worker's] an employee's leave for any purpose other than those described in this section.
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5005 (c) Nothing in sections 31-57s to 31-57w, inclusive, as amended by this act, shall be deemed to require any employer to provide paid sick leave for [a service worker's] an employee's leave for any purpose other than those described in this section.
(e) Nothing in sections 31-57s to 31-57w, inclusive, as amended by this act, shall be construed to prohibit an employer from taking disciplinary action against [a service worker] an employee who uses paid sick leave provided under sections 31-57s to 31-57w, inclusive, as sHB5005amended /by Filethis No.act, for purposes other than those described in this section.
617 sHB5005 File No.
617 amended by this act, for purposes other than those described in this section.
(b) Nothing in sections 31-57s to 31-57w, inclusive, as amended by this act, shall be construed to prohibit an employer (1) from establishing a policy whereby [a service worker] an employee may donate unused accruedPublic paidAct sickNo. leave to another [service worker] employee, and (2) who provides more paid sick leave than is required under sections 31- 57s to 31-57w, inclusive, as amended by this act, for the purposes described in subdivision (1) of subsection (a) of section 31-57t, as amended by this act, from limiting the amount of such leave [a service worker] an employee may use for other purposes.
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5005 accrued paid sick leave to another [service worker] employee, and (2) who provides more paid sick leave than is required under sections 31- 57s to 31-57w, inclusive, as amended by this act, for the purposes described in subdivision (1) of subsection (a) of section 31-57t, as amended by this act, from limiting the amount of such leave [a service worker] an employee may use for other purposes.
Section 31-57v of the general statutes is repealed and the sHB5005following /is Filesubstituted No.in lieu thereof (Effective January 1, 2025):
617 sHB5005 File No.
617 following is substituted in lieu thereof (Effective January 1, 2025):
(c)Public AnyAct employeeNo. aggrieved by a violation of the provisions of sections 31-57s to 31-57w, inclusive, as amended by this act, may file a complaint with the Labor Commissioner.
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5005 (c) Any employee aggrieved by a violation of the provisions of sections 31-57s to 31-57w, inclusive, as amended by this act, may file a complaint with the Labor Commissioner.
Any party aggrieved by the decision of the sHB5005commissioner /may Fileappeal No.the decision to the Superior Court in accordance with the provisions of chapter 54.
617 sHB5005 File No.
617 commissioner may appeal the decision to the Superior Court in accordance with the provisions of chapter 54.
(a) Each employer subject to the provisions of section 31-57s, as amended by this act, shall, at the time of hiring, provide notice to each [service worker] employee (1) of (A) the entitlement to paid sick leave for [service workers,] employees, (B) the amount of paid sick leave provided to [service workers] employees, and (C) the terms under which paid sick leave may be used, (2) that retaliation by the employer againstPublic theAct [serviceNo. worker] employee for requesting or using paid sick leave for which the [service worker] employee is eligible is prohibited, and (3) that the [service worker] employee has a right to file a complaint with the Labor Commissioner for any violation of this section and of sections 31-57s to 31-57v, inclusive, as amended by this act.
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5005 against the [service worker] employee for requesting or using paid sick leave for which the [service worker] employee is eligible is prohibited, and (3) that the [service worker] employee has a right to file a complaint with the Labor Commissioner for any violation of this section and of sections 31-57s to 31-57v, inclusive, as amended by this act.
For employers that do not maintain a physical workplace or for employees that sHB5005telework /or Fileperform No.work through a web-based or application-based platform, employers shall comply with the provisions of subdivision (1) of this subsection by sending such information via electronic communication or by a conspicuous posting of such information on a web-based or application-based platform.
617 sHB5005 File No.
617 telework or perform work through a web-based or application-based platform, employers shall comply with the provisions of subdivision (1) of this subsection by sending such information via electronic communication or by a conspicuous posting of such information on a web-based or application-based platform.
Each employer shall retain such records for a period of three years and shall allowPublic theAct LaborNo. Commissioner, with appropriate notice and at a mutually agreeable time, access to such record in order to monitor compliance with the requirements of this section.
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5005 allow the Labor Commissioner, with appropriate notice and at a mutually agreeable time, access to such record in order to monitor compliance with the requirements of this section.
sHB5005(2) /One Fileappointed No.by the president pro tempore of the Senate;
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617 (2) One appointed by the president pro tempore of the Senate;
(c)Public AnyAct memberNo. of the task force appointed under subdivision (1), (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member of the General Assembly.
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5005 (c) Any member of the task force appointed under subdivision (1), (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member of the General Assembly.
(Effective July 1, 2024) (a) The Labor Commissioner shall ensure sHB5005the /necessary Filewage No.enforcement duties and responsibilities of the Labor Department that are associated with the provisions of sections 31-57r to 31-57w, inclusive, of the general statutes, as amended by this act, are performed within available appropriations for the fiscal year ending June 30, 2025.
617(b) sHB5005The FileSecretary of the Office of Policy and Management shall not make any reductions to expenditures pursuant to the provisions of section 15 of public act 23-204, or make any reductions to allotment Public Act No.
61724-8 the16 necessary wage enforcement duties and responsibilities of the17 LaborSubstitute DepartmentHouse thatBill areNo. associated with the provisions of sections 31-57r to 31-57w, inclusive, of the general statutes, as amended by this act, are performed within available appropriations for the fiscal year ending June 30, 2025.
(b)5005 The Secretary of the Office of Policy and Management shall not make any reductions to expenditures pursuant to the provisions of section 15 of public act 23-204, or make any reductions to allotment requisitions or allotments in force pursuant to the provisions of subsection (a) of section 14 of public act 23-204 or section 4-85 of the general statutes, concerning wage enforcement agents within the Labor Department during the fiscal year ending June 30, 2025.
ThisApproved actMay shall21, take2024 effectPublic asAct followsNo. and shall amend the following sections:
Section24-8 117 Januaryof 1,17 2025 31-57r Sec.
2 January 1, 2025 31-57s Sec.
3 January 1, 2025 31-57t Sec.
4 January 1, 2025 31-57u Sec.
5 January 1, 2025 31-57v Sec.
6 January 1, 2025 31-57w Sec.
7 from passage New section Sec.
8 July 1, 2024 New section sHB5005 / File No.
617 sHB5005 File No.
617 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
Agency Affected Fund-Effect FY 25 $ FY 26 $ Labor Dept.
GF - Cost 112,984 203,968 State Comptroller - Fringe GF - Cost 38,768 77,537 Benefits1 Labor Dept.
GF - Potential Minimal Minimal Revenue Gain Note:
GF=General Fund Municipal Impact:
None Explanation The bill, which expands the state's paid sick leave law, results in a cost to (1) the Department of Labor (DOL) of $112,984 in FY 25 (partial year cost) and $203,968 in FY 26, and (2) the State Comptroller- Fringe Benefits account of $38,768 in FY 25 (partial year cost) and $77,537 in FY 26, as well as a potential minimal revenue gain associated with penalties from violations.
In order to administer the expanded sick leave provisions, DOL would require two Wage Enforcement Agents (annualized individual cost of $93,984 for salary, $38,768 for fringe benefits, and $8,000 for overhead costs).
Section 8 of the bill prohibits the Office of Policy and Management (OPM) from applying holdbacks to personal services expenditures for wage enforcement agents within the Department of Labor (DOL) for FY The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller.
The estimated active employee fringe benefit cost associated with most personnel changes is 41.25% of payroll in FY 25.
sHB5005 / File No.
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617 25.
To the extent OPM would have applied such holdbacks in FY 25, this results in (1) additional Personal Services funds being available to DOL for that fiscal year and (2) a commensurate amount of FY 25 holdbacks being applied against other accounts or agencies.
House “B” adds provisions that (1) establish a task force to study the establishment of paid sick leave tax credits for employers that employ five or less individuals in the state, (2) require the Labor Commissioner to ensure that necessary wage enforcement duties and responsibilities associated with administering paid sick leave are performed within available appropriations for FY 25, and (3) prohibit the Office of Policy and Management (OPM) from applying holdbacks to personal services expenditures for wage enforcement agents within the DOL for FY 25.
This does not result in any fiscal impact.
The Out Years The ongoing fiscal impact identified above would continue into the future subject to inflation, number of violations, and penalties paid.
sHB5005 / File No.
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617 OLR Bill Analysis sHB 5005 (as amended by House "B")* AN ACT EXPANDING PAID SICK DAYS IN THE STATE.
SUMMARY This bill expands the state’s paid sick leave law in numerous ways.
The current paid sick leave law generally requires certain employers with at least 50 employees to give up to 40 hours of paid sick leave annually to their “service workers” in certain specified occupations (e.g., food service workers, health care workers, and numerous others).
The bill expands the law by, among other things:
1.
covering nearly all private sector employees and employers with at least 25 employees in 2025, those with at least 11 employees in 2026, and then those with at least one employee in 2027 (the bill exempts seasonal employees and certain union construction workers and their employers);
2.
broadening the range of family members for whom an employee may use the leave;
3.
increasing the rate at which employees accrue leave and changing the waiting period before they may use it;
and 4.
broadening the reasons employees may use the leave to include events like closures due to a public health emergency and quarantines.
The bill prohibits employers from requiring their employees to provide documentation to support their reasons for taking leave.
It also removes provisions in the current law that generally allow employers to sHB5005 / File No.
617 19 sHB5005 File No.
617 require employees to give them advance notice about a leave that is foreseeable.
It expands current employer notice requirements by requiring employers to give written notice to each employee about the paid sick leave law.
The bill also sets employer recordkeeping requirements that, among other things, require (1) employee “pay stubs” to include an employee’s accrued paid sick time and use for the calendar year and (2) employers to maintain their paid sick leave records for three years.
The bill specifies that the paid sick leave law does not preempt or override the terms of any collective bargaining agreement entered into on or after July 1, 2012, under the law that allows certain family child care providers and personal care attendants (PCAs) to collectively bargain with the state (§ 4, see “BACKGROUND”).
It also makes numerous minor, technical, and conforming changes.
For FY 25, the bill also (1) requires the labor commissioner to ensure that certain duties and responsibilities for the paid sick leave law are performed within available appropriations and (2) prohibits the Office of Policy and Management (OPM) secretary from reducing certain budgetary expenditures and allotments for the Department of Labor’s (DOL) wage enforcement agents.
Lastly, the bill creates a task force to study establishing a paid sick leave tax credit for employers with five or less employees in the state.
The task force must study the feasibility of establishing the tax credit, including whether or how to mitigate any expenses these employers incur due to the paid sick leave law.
*House Amendment “B” replaces the underlying bill and, among other things, (1) requires employees to accrue their sick leave, rather than receive it annually all at once as in the underlying bill;
(2) removes a provision that would have allowed employers to meet the sick leave requirement by giving employees a one-time payment equal to 40 hours of their normal hourly wage;
(3) adds the provisions on the FY 25 budget;
and (4) creates the task force.
sHB5005 / File No.
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617 EFFECTIVE DATE:
January 1, 2025, except that the provisions on the (1) FY 25 budget are effective July 1, 2024, and (2) task force are effective upon passage.
§§ 1-3 — COVERED EMPLOYERS, EMPLOYEES, & FAMILY MEMBERS Employers The current paid sick leave law covers private sector employers with at least 50employees,except manufacturersandcertainnon-profits.The bill gradually expands the law’s coverage to nearly all private sector employers regardless of their size, industry, or non-profit status by extending coverage to employers with at least 25 employees starting January 1, 2025;
then to employers with at least 11 employees starting January 1, 2026;
and to all employers starting January 1, 2027.
However, it exempts (1) employers that participate in a multi- employer health plan requiring contributions from multiple employers and maintained under a collective bargaining agreement between employers and a construction-related tradesperson employee organization (e.g., union) or organizations;
(2) employees who are members of an employee organization that is a party to one of these health plans;
and (3) self-employed people (as the bill does not define “self-employed,” it is unclear if this exempts the self-employed from having to give paid sick leave to their employees, if they have any).
Employees The bill also expands current law to cover nearly all private sector employees, except for seasonal employees and the union construction workers described above, rather than only the specified “service worker” occupations covered by current law (e.g., home health aides, nurses, security guards, janitors, and cashiers).
It also covers the day or temporary workers excluded from the current law.
Under the bill, “seasonal employees” are employees who work 120 days or less in any year.
For determining the sick leave law’s applicability, the number of an sHB5005 / File No.
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617 employer’s employees is based on the employees on the employer’s payroll for a particular week each year.
Under current law, this is the payroll for the week with each October 1.
The bill changes this to the payroll for the week with each January 1.
Family Members (§§ 1 & 3) Current law allows covered employees to use paid sick leave to care for their minor or disabled child (or child for whom they stand in place of a parent) or spouse.
The bill broadens the range of “family members” for whom employees may use paid sick leave to include their adult children, siblings, parents, grandparents, grandchildren, and anyone related to the employee by blood or affinity whose close association the employee shows to be equivalent to those family members.
Under the bill, siblings and grandchildren include those relations by blood, marriage, adoption, or foster care, as is the case for children under current law.
Parents include a biological, foster, or adoptive parent, stepparent, parent-in-law, legal guardian, and someone who stands or stood in the place of a parent.
Under current law, a “spouse” is a husband or wife, as the case may be.Underthebill,a spouseisinstead (1)someonewhoislegallymarried to an employee under the laws of any state, or (2) an employee’s domestic partner registered under the laws of any state or political subdivision.
§ 2 — LEAVE ACCRUAL AND AVAILABILITY Leave Accrual The bill increases the rate at which employees accrue leave, from one hour per every 40 hours workedto one hour per every 30 hours worked.
For newly covered employers and employees, the leave begins accruing on the January 1 that they become covered by the law (i.e., 2025 for employers with at least 25 employees, 2026 for employers with at least employees, and 2027 for employers with at least one employee).
Employees hired after those dates begin accruing the leave on their first day ofemployment.The billalso specifiesthat employersmaygivetheir sHB5005 / File No.
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617 employees more paid sick leave at a faster rate than required by the bill.
The bill requires that employees exempt from federal law’s overtime pay requirements be presumed to work 40 hours per week for leave accrual purposes unless their normal work week is less than 40 hours.
If it is, then their leave accrual must be based on their normal work week.
(Current law does not explicitly address this issue.) Under the bill, employees maintain and may use their accrued paid sick leave when (1) they transfer to a separate division, entity, or location with the same employer or (2) a different employer succeeds or replaces an existing employer.
(Current law does not explicitly address either of these issues.) Leave Availability Under current law, employees must work 680 hours for their employer before they can use their leave.
The bill instead allows employees to use their leave starting on the 120th calendar day of their employment.Italsoallowsemployeestousetheleaveregardlessofhow much they work by eliminating a provision in current law that allows employees to use leave only if they average at least 10 work hours per week in the most recent complete quarter.
Replacements The bill prohibits employers from requiring employees taking paid sick leave to look for or find a replacement to cover the hours they were scheduled to work.
Leave Carry Over Current lawentitlescoveredemployeesto carry over upto 40unused accrued hours of paid sick leave from one year to the next.
Under the bill, an employer may give an employee an amount of paid sick leave that meets or exceeds the bill’s requirements and is available for the employee to use immediately at the beginning of the next year, instead of carrying over the unused paid sick leave.
Other Employer-Provided Leave sHB5005 / File No.
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617 The current paid sick leave law deems an employer in compliance with its requirements if the employer offers other paid leave (e.g., vacation or personal days) that the employee can use for the same reasons allowed under the paid sick leave law.
The bill (1) requires that employees also be able to use the other paid leave under the same conditions for the exception to apply and (2) specifies that “other paid leave” includes unlimited paid time off.
§ 3 — LEAVE USES & DOCUMENTATION Leave Uses The bill expands the reasons why an employee may use sick leave to include when the employer’s place of business or a family member’s school or place of care is closed by order of a public official due to a public health emergency.
It also allows for leave if the employee or a family member is under quarantine (i.e., when the employee or family member poses a risk to others’ health due to their exposure to a communicable disease, regardless of whether they contracted it).
The determination for a quarantine must be made by a health authority with jurisdiction, a health care provider, or the employee’s or family member’s employer.
Under current law, an employee may use paid sick leave for preventative medical care for themselves or a covered family member.
The bill specifies that this includes preventative care for mental or physical health.
Current law also allows an employee to use paid sick leave if he or she or the employee’s child was a victim of family violence or sexual assault and needs leave to do certain things (e.g., get counseling or participate in civil or criminal proceedings).
The bill allows employees to use the leave if their family member is a victim of family violence or sexual assault and needs to do these same things.
Employee Notice and Documentation Under current law, if an employee’s need for paid sick leave is sHB5005 / File No.
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617 foreseeable, an employer may require employees to provide up to seven days’advancenoticeaboutit.Iftheleaveisnotforeseeable,anemployer may require notification from employees as soon as practicable.
The bill eliminates both of these provisions, leaving the law silent on the issue.
If the leave lasts for at least three consecutive days, current law also allows employers to require employees to provide documentation to support their reasons for taking leave.
The bill instead prohibits employers from requiring their employees to provide any documentation that they are taking the leavefor areason allowed by the law.
§ 6 — EMPLOYER NOTICE AND RECORDS The law requires employers to notify employees about certain provisions of the paid sick leave law when they are hired (e.g., how leave accrues and may be used).
Current law allows them to meet this requirement by displaying a poster inthe workplace, but the bill instead requires employers to display this poster.
It also requires employers to give each employee written notice about these provisions by January 1, 2025, or when an employee is hired, whichever is later.
The bill requires the labor commissioner to create a model poster and written notice and make them available to employers on DOL’s website.
If the employer does not maintain a physical workplace, or an employee teleworks or works through a web-based or app-based platform, the employer must meet the notice requirement by sending the information through electronic communication or conspicuously posting it on a web-based or app-based platform.
The bill eliminates a provision in current law that requires the commissioner to administer the current law’s notice requirements within available appropriations.
The bill requires that employee “pay stubs” include an employee’s accrued paid sick time and use for the calendar year.
It also requires employers to maintain these paid sick leave records for three years and give thelabor commissioner accessto them,withappropriate notice and at a mutually agreeable time, to monitor compliance with the bill’s sHB5005 / File No.
617 25 sHB5005 File No.
617 recordkeeping requirements.
Failure to do so is a violation of the bill.
As under existing law, employers found by a preponderance of the evidence to have violated these notice andrecordkeeping provisionsare liable for a civil penalty of up to $100 for each violation (CGS § 31-57v).
Lastly, the bill allows the labor commissioner to adopt regulations to implement the paid sick leave law.
Current law allows her to adopt regulations about the law’s notice requirements.
§ 8 — FY 25 BUDGET-RELATED PROVISIONS The bill requires the labor commissioner to ensure that DOL’s necessary wage enforcement dutiesand responsibilities for thepaidsick leave law are performed within available appropriations for FY 25.
It also prohibits the OPM secretary, during FY 25, from reducing any expenditures, allotment requisitions,or allotmentsinforce, asotherwise allowed under the biennial budget act (PA 23-204), for DOL’s wage enforcement agents.
§ 7 — TASK FORCE The bill creates a task force to study establishing a paid sick leave tax credit for employers with five or less employees.
The task force must study the feasibility of establishing the tax credit, including whether or how to mitigate any expenses these employers incur due to the paidsick leave law.
It must submit a report on its findings and recommendations to the Labor and Public Employees Committee by January 1, 2025, and end on that date or when it submits the report, whichever is later.
Under the bill, the task force consists of six members, with one appointedbyeachofthesixlegislativeleaders.Taskforcemembersmay be state legislators.
The appointing authorities must make all initial appointments within 30 days after the bill is enacted and fill any vacancy.
The bill requires the House speaker and Senate president pro temporetoselectthetaskforce’schairpersonsfromamongthetaskforce sHB5005 / File No.
617 26 sHB5005 File No.
617 members.
The chairpersons must schedule and hold the first meeting within 60 days after the bill is enacted, and the Labor and Public Employees Committee’s administrative staff must serve as the task force’s administrative staff.
BACKGROUND Family Child Care Providers and PCAs Who Collectively Bargain With the State State law allows certain family child care providers and PCAs to collectively bargain with the state over their reimbursement rates, benefits, payment procedures, contract grievance arbitration, training, professional development, and other requirements and opportunities.
Covered child care providers include those paid by the state’s Care 4 Kids program to provide day care in (1) licensed family day care homes or (2) their own homes for the children of neighbors or relatives.
Covered PCAs include those who provide personal care assistance to a consumer under a state-funded program (e.g., the Medicaid Acquired Brain Injury Waiver Program, Medicaid Personal Care Assistance Waiver Program for adults with disabilities, or Connecticut Home Care Program for Elders).
Related Bills sSB 7 (File 339) and sSB 12 (File 340), reported favorably by the Labor and Public Employees Committee, similarly expand the paid sick leave law, although they do not, among other things, (1) phase in their expansion to smaller employers;
(2) prohibit employers from requiring documentation to support an employee’s leave;
or (3) create a task force.
COMMITTEE ACTION Labor and Public Employees Committee Joint Favorable Substitute Yea 8 Nay 4 (03/21/2024) sHB5005 / File No.
617 27
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View plain text versions (5)
- Chaptered Public Act No. 24-8 Current pdf
- File No. 617 View text pdf
- File No. 357 View text pdf
- Raised Bill View text pdf
- Substitute LAB Joint Favorable Substitute pdf
Action History
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SIGNED BY GOVERNOR
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TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR
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TRANSMITTED TO SECRETARY OF THE STATE
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PUBLIC ACT 24-8
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IN CONCURRENCE
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SEN. PASSED, HO. AMEND. SCH. B
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SEN. REJ. SEN. AMEND. SCH. D
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SEN. REJ. SEN. AMEND. SCH. C
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SEN. REJ. SEN. AMEND. SCH. B
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SEN. REJ. SEN. AMEND. SCH. A
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SEN. ADOPTED HO. AMEND. SCH. B
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FILE NO. 617
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SENATE CALENDAR NUMBER 373
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FAV. RPT., TAB. FOR CAL., SEN.
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HOUSE PASSED, HOUSE AMEND. SCH. B
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HOUSE ADOPTED HOUSE AMEND. SCH. B
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AMENDMENT WITHDRAWN HOUSE AMEND. SCH. A
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FILE NO. 357
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HOUSE CALENDAR NUMBER 232
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FAV. RPT., TABLED FOR HOUSE CALENDAR
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RPTD. OUT OF LCO
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REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/08/24
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FILED WITH LCO
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Joint Favorable Substitute
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PUBLIC HEARING 0305
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REF. TO JOINT COMM. ON Labor and Public Employees
Sponsors
- Aimee Berger-Girvalo · Primary
- Christine Palm · Primary
- Brandon Chafee · Primary
- Hubert D. Delany · Primary
- Farley Santos · Primary
- Antonio Felipe · Primary
- Anthony L. Nolan · Primary
- Josh Elliott · Primary
- Larry B. Butler · Primary
- Mary M. Mushinsky · Primary
- Eleni Kavros DeGraw · Primary
- Patricia Billie Miller · Primary
- Kadeem Roberts · Primary
- Corey P. Paris · Primary
- Kate Farrar · Primary
- Christopher Rosario · Primary
- Joshua M. Hall · Primary
- James Sanchez · Primary
- Anabel D. Figueroa · Primary
- Trenee McGee · Primary
- Aundre Bumgardner · Primary
- Kevin Brown · Primary
- Minnie Gonzalez · Primary
- Bob Godfrey · Primary
- Hilda E. Santiago · Primary
- Julie Kushner · Primary
- Roland J. Lemar · Primary
- Jorge Cabrera · Primary
- Matt Blumenthal · Primary
- Maryam Khan · Primary
- Matthew L. Lesser · Primary
- David Michel · Primary
- R. Sanchez · Primary
- Geraldo C. Reyes · Primary
- James Sanchez · Primary
Sponsorship breakdown
Export CSV (upgrade) →35 sponsors · 0 co-sponsors · 152 not signed on · 70 voted No
Sponsors (35)
- Aimee Berger-Girvalo Democratic
- Christine Palm
- Brandon Chafee Democratic
- Hubert D. Delany Democratic
- Farley Santos Democratic
- Antonio Felipe Democratic
- Anthony L. Nolan Democratic
- Josh Elliott Democratic
- Larry B. Butler Democratic
- Mary M. Mushinsky Democratic
- Eleni Kavros DeGraw Democratic
- Patricia Billie Miller Democratic Voted No
- Kadeem Roberts Democratic
- Corey P. Paris Democratic
- Kate Farrar Democratic
- Christopher Rosario Democratic
- Joshua M. Hall Democratic
- James Sanchez Democratic
- Anabel D. Figueroa
- Trenee McGee Democratic
- Aundre Bumgardner Democratic
- Kevin Brown Democratic
- Minnie Gonzalez Democratic
- Bob Godfrey Democratic
- Hilda E. Santiago Democratic
- Julie Kushner Democratic Voted No
- Roland J. Lemar Democratic
- Jorge Cabrera Democratic Voted No
- Matt Blumenthal Democratic
- Maryam Khan Democratic
- Matthew L. Lesser Democratic Voted No
- David Michel
- Sanchez, R.
- Geraldo C. Reyes Democratic
- James Sanchez Democratic
Co-sponsors (0)
None.
Not signed on (152)
152 members have not signed on to this bill.
Show all 152 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 0 | 22 | 0 | 1 |
| Unaffiliated | 2 | 1 | 0 | 0 |
| Republican | 10 | 0 | 0 | 0 |
| Total | 12 | 23 | 0 | 1 |
| % of votes cast | 33% | 64% | 0% | 3% |
How each member voted (36)
| Member | Party | Vote |
|---|---|---|
| Kevin C. Kelly | — | Yea |
| Lisa Seminara | — | Yea |
| Marilyn Moore | — | Nay |
| Bob Duff | Democratic | Nay |
| Catherine A. Osten | Democratic | Nay |
| Ceci Maher | Democratic | Nay |
| Christine Cohen | Democratic | Nay |
| Derek Slap | Democratic | Nay |
| Douglas McCrory | Democratic | Nay |
| Gary A. Winfield | Democratic | Nay |
| Herron Gaston | Democratic | Nay |
| James J. Maroney | Democratic | Nay |
| Jan Hochadel | Democratic | Nay |
| Joan V. Hartley | Democratic | Nay |
| John W. Fonfara | Democratic | Not Voting |
| Jorge Cabrera | Democratic | Nay |
| Julie Kushner | Democratic | Nay |
| MD Rahman | Democratic | Nay |
| Mae Flexer | Democratic | Nay |
| Martha Marx | Democratic | Nay |
| Martin M. Looney | Democratic | Nay |
| Matthew L. Lesser | Democratic | Nay |
| Norman Needleman | Democratic | Nay |
| Patricia Billie Miller | Democratic | Nay |
| Rick Lopes | Democratic | Nay |
| Saud Anwar | Democratic | Nay |
| Eric C. Berthel | Republican | Yea |
| Heather S. Somers | Republican | Yea |
| Henri Martin | Republican | Yea |
| Jeff Gordon | Republican | Yea |
| John A. Kissel | Republican | Yea |
| Paul Cicarella | Republican | Yea |
| Rob Sampson | Republican | Yea |
| Ryan Fazio | Republican | Yea |
| Stephen G. Harding | Republican | Yea |
| Tony Hwang | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 73 | 7 | 0 | 1 |
| Republican | 0 | 44 | 0 | 0 |
| Unaffiliated | 15 | 10 | 0 | 1 |
| Total | 88 | 61 | 0 | 2 |
| % of votes cast | 58% | 40% | 0% | 1% |
How each member voted (151)
| Member | Party | Vote |
|---|---|---|
| Arnone | — | Yea |
| Khanna | — | Nay |
| Michel | — | Yea |
| Conley | — | Yea |
| Chaleski | — | Nay |
| Currey | — | Yea |
| Cheeseman | — | Nay |
| D'agostino | — | Yea |
| Cooley | — | Nay |
| Dancho | — | Nay |
| Palm | — | Yea |
| Denning | — | Yea |
| Porter | — | Yea |
| Ferraro | — | Nay |
| Cook | — | Nay |
| Ryan | — | Yea |
| Harrison | — | Nay |
| Figueroa | — | Yea |
| Hayes | — | Nay |
| Labriola | — | Nay |
| Tercyak | — | Yea |
| Sanchez, R. | — | Yea |
| Mccarthy Vahey | — | Yea |
| Mccarty, K. | — | Not Voting |
| Morrin Bello | — | Yea |
| Sanchez, J. | — | Yea |
| Aimee Berger-Girvalo | Democratic | Yea |
| Alphonse Paolillo | Democratic | Yea |
| Andre F. Baker | Democratic | Yea |
| Anne M. Hughes | Democratic | Yea |
| Anthony L. Nolan | Democratic | Yea |
| Antonio Felipe | Democratic | Yea |
| Aundre Bumgardner | Democratic | Yea |
| Bob Godfrey | Democratic | Yea |
| Bobby G. Gibson | Democratic | Yea |
| Brandon Chafee | Democratic | Yea |
| Christopher Poulos | Democratic | Nay |
| Christopher Rosario | Democratic | Yea |
| Corey P. Paris | Democratic | Yea |
| Derell Wilson | Democratic | Yea |
| Dominique Johnson | Democratic | Yea |
| Eleni Kavros DeGraw | Democratic | Yea |
| Emmanuel Sanchez | Democratic | Yea |
| Farley Santos | Democratic | Yea |
| Frank Smith | Democratic | Yea |
| Fred Gee | Democratic | Yea |
| Gary A. Turco | Democratic | Yea |
| Geoff Luxenberg | Democratic | Yea |
| Geraldo C. Reyes | Democratic | Yea |
| Gregory Haddad | Democratic | Yea |
| Hector Arzeno | Democratic | Yea |
| Henry J. Genga | Democratic | Yea |
| Hilda E. Santiago | Democratic | Yea |
| Hubert D. Delany | Democratic | Yea |
| Jaime S. Foster | Democratic | Nay |
| Jane M. Garibay | Democratic | Yea |
| Jason Doucette | Democratic | Yea |
| Jason Rojas | Democratic | Yea |
| Jennifer Leeper | Democratic | Yea |
| Jill Barry | Democratic | Nay |
| Jillian Gilchrest | Democratic | Yea |
| John-Michael Parker | Democratic | Yea |
| Jonathan Fazzino | Democratic | Yea |
| Jonathan Steinberg | Democratic | Nay |
| Joseph P. Gresko | Democratic | Yea |
| Josh Elliott | Democratic | Yea |
| Joshua M. Hall | Democratic | Yea |
| Juan R. Candelaria | Democratic | Yea |
| Julio A. Concepcion | Democratic | Yea |
| Kadeem Roberts | Democratic | Yea |
| Kai J. Belton | Democratic | Yea |
| Kara Rochelle | Democratic | Yea |
| Kate Farrar | Democratic | Yea |
| Kerry S. Wood | Democratic | Nay |
| Kevin Brown | Democratic | Yea |
| Larry B. Butler | Democratic | Yea |
| Liz Linehan | Democratic | Yea |
| Lucy Dathan | Democratic | Yea |
| Marcus Brown | Democratic | Yea |
| Maria P. Horn | Democratic | Yea |
| Mary Fortier | Democratic | Yea |
| Mary M. Mushinsky | Democratic | Not Voting |
| Mary Welander | Democratic | Yea |
| Maryam Khan | Democratic | Yea |
| Matt Blumenthal | Democratic | Yea |
| Matthew Ritter | Democratic | Yea |
| Melissa Osborne | Democratic | Yea |
| Michael D. Quinn | Democratic | Yea |
| Michael DiGiovancarlo | Democratic | Yea |
| Mike Demicco | Democratic | Yea |
| Minnie Gonzalez | Democratic | Yea |
| Moira Rader | Democratic | Yea |
| Patricia A. Dillon | Democratic | Yea |
| Patrick S. Boyd | Democratic | Nay |
| Raghib Allie-Brennan | Democratic | Yea |
| Robin E. Comey | Democratic | Yea |
| Roland J. Lemar | Democratic | Yea |
| Ronald A. Napoli | Democratic | Yea |
| Sarah Keitt | Democratic | Yea |
| Stephen R. Meskers | Democratic | Nay |
| Steven J. Stafstrom | Democratic | Yea |
| Susan M. Johnson | Democratic | Yea |
| Tammy R. Exum | Democratic | Yea |
| Toni E. Walker | Democratic | Yea |
| Travis Simms | Democratic | Yea |
| Trenee McGee | Democratic | Yea |
| William Heffernan | Democratic | Yea |
| Anne Dauphinais | Republican | Nay |
| Ben McGorty | Republican | Nay |
| Bill Buckbee | Republican | Nay |
| Brian Lanoue | Republican | Nay |
| Cara Christine Pavalock-D'Amato | Republican | Nay |
| Carol Hall | Republican | Nay |
| Chris Aniskovich | Republican | Nay |
| Christie M. Carpino | Republican | Nay |
| Craig C. Fishbein | Republican | Nay |
| Dave W. Yaccarino | Republican | Nay |
| David Rutigliano | Republican | Nay |
| Devin R. Carney | Republican | Nay |
| Donna Veach | Republican | Nay |
| Doug Dubitsky | Republican | Nay |
| Gale L. Mastrofrancesco | Republican | Nay |
| Greg S. Howard | Republican | Nay |
| Irene M. Haines | Republican | Nay |
| Jason Perillo | Republican | Nay |
| Jay M. Case | Republican | Nay |
| Joe Hoxha | Republican | Nay |
| Joe Polletta | Republican | Nay |
| John E. Piscopo | Republican | Nay |
| Joseph H. Zullo | Republican | Nay |
| Karen Reddington-Hughes | Republican | Nay |
| Kathy Kennedy | Republican | Nay |
| Kurt Vail | Republican | Nay |
| Lezlye Zupkus | Republican | Nay |
| Mark DeCaprio | Republican | Nay |
| Mark W. Anderson | Republican | Nay |
| Martin Foncello | Republican | Nay |
| Mitch Bolinsky | Republican | Nay |
| Nicole Klarides-Ditria | Republican | Nay |
| Patrick E. Callahan | Republican | Nay |
| Seth Bronko | Republican | Nay |
| Steve Weir | Republican | Nay |
| Tami Zawistowski | Republican | Nay |
| Tammy Nuccio | Republican | Nay |
| Tim Ackert | Republican | Nay |
| Tom Delnicki | Republican | Nay |
| Tom O'Dea | Republican | Nay |
| Tony J. Scott | Republican | Nay |
| Tracy Marra | Republican | Nay |
| Vincent J. Candelora | Republican | Nay |
| William Pizzuto | Republican | Nay |
Subjects
Frequently asked questions
- Who sponsors HB 5005?
- HB 5005 is sponsored by Aimee Berger-Girvalo (Democratic), Christine Palm, Brandon Chafee (Democratic), Hubert D. Delany (Democratic), Farley Santos (Democratic), Antonio Felipe (Democratic), Anthony L. Nolan (Democratic), Josh Elliott (Democratic), Larry B. Butler (Democratic), Mary M. Mushinsky (Democratic), Eleni Kavros DeGraw (Democratic), Patricia Billie Miller (Democratic), Kadeem Roberts (Democratic), Corey P. Paris (Democratic), Kate Farrar (Democratic), Christopher Rosario (Democratic), Joshua M. Hall (Democratic), James Sanchez (Democratic), Anabel D. Figueroa, Trenee McGee (Democratic), Aundre Bumgardner (Democratic), Kevin Brown (Democratic), Minnie Gonzalez (Democratic), Bob Godfrey (Democratic), Hilda E. Santiago (Democratic), Julie Kushner (Democratic), Roland J. Lemar (Democratic), Jorge Cabrera (Democratic), Matt Blumenthal (Democratic), Maryam Khan (Democratic), Matthew L. Lesser (Democratic), David Michel, Sanchez, R., and Geraldo C. Reyes (Democratic).
- What is the current status of HB 5005?
- This bill has been enacted into law. Introduced February 29, 2024. Enacted.
- Where can I track HB 5005?
- Track HB 5005 free on One Click Politics — get push/email alerts when it moves.
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