HB 6474 — AN ACT CONCERNING COLLATERAL EMPLOYMENT CONSEQUENCES OF A CRIMINAL RECORD.
Last action — FILE NO. 386
-
✓Introduced
-
2In Committee
-
3Passed House
-
4Passed Senate
-
5To Executive
-
6Enacted
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
1708 added · 427 removed1708 line(s) added, 427 removed.
House of Representatives General Assembly RaisedFile Bill No.
6474386 January Session, 2021 LCOSubstitute House Bill No.
35056474 ReferredHouse toof Representatives, April 12, 2021 The Committee on LABORLabor ANDand PUBLICPublic EMPLOYEESEmployees Introducedreported by:through REP.
(LAB)PORTER ANof ACTthe CONCERNING94th COLLATERALDist., EMPLOYMENTChairperson CONSEQUENCESof OFthe ACommittee CRIMINALon RECORD.the part of the House, that the substitute bill ought to pass.
AN ACT CONCERNING COLLATERAL EMPLOYMENT CONSEQUENCES OF A CRIMINAL RECORD.
The General Assembly finds that the public is best protected when [criminal offenders] people who have been arrested or convicted of crimes are rehabilitated and returned to society prepared to take their places as productive citizens and that the ability of [returned offenders] such persons to find meaningful occupations, employment, housing and higher education is directly related to their normal functioning in the community.
The General Assembly further finds that African- Americans and Hispanics are arrestedtargeted for arrest and incarcerated at rates disproportionate to their representation in the general population and that discrimination in occupations, employment, housing and higher education on the basis of criminal history record information has asHB6474 disparate/ impactFile basedNo. on race, ancestry and national origin.
It386 is1 thereforesHB6474 theFile policy of this state to [encourage] prohibit all employers, [to give favorable LCO No.
3505386 1a ofdisparate 14impact Raisedbased Billon No.6474race, considerationancestry to providing jobs to qualified individuals, including those who may have criminal conviction records] landlords and institutionsnational oforigin. higher education from discriminating on the basis of criminal history record information, except as otherwise in this chapter.
It is therefore the policy of this state to [encourage] prohibit all employers, [to give favorable consideration to providing jobs to qualified individuals, including thosewho may have criminal convictionrecords] landlords and institutions of higher education from discriminating on the basis of criminal history record information, except as otherwise provided in this chapter.
(8) "Discriminatory practice" means a violation of section 4a-60, 4a- 60a, 4a-60g, 31-40y, subparagraph (C) of subdivision (15) of section 46a- 54, subdivisions (16) and (17) of section 46a-54, section 46a-58, 46a-59, as amended by this act, 46a-60, 46a-64, 46a-64c, 46a-66, 46a-68, 46a-68c to 46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, subsection (a) of section 46a-80,sHB6474 as/ amendedFile byNo. this act, or sections 46a-81b to 46a-81o, inclusive;
(9)"Employee"386 means2 anysHB6474 personemployedbyFile anemployerbut shall LCO No.
3505386 246a-80, ofas 14amended Raisedby Billthis No.6474act, notor includesections any46a-81b individualto employed46a-81o, byinclusive; such individual's parents, spouse or child;
(9)"Employee" means any personemployedby anemployerbut shall not include any individual employed by such individual's parents, spouse or child;
(17) "Discrimination on the basis of sex" includes but is not limited to discrimination related to pregnancy, child-bearing capacity, sterilization,sHB6474 fertility/ orFile relatedNo. medical conditions;
(18)386 "Discrimination3 onsHB6474 theFile basis of religious creed" includes but is LCO No.
3505386 3sterilization, offertility 14or Raised Bill No.6474 not limited to discrimination related tomedical allconditions; aspects of religious observances and practice as well as belief, unless an employer demonstrates that the employer is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business;
(19)"Learningdisability"referstoanindividualwhoexhibitsa(18) severe"Discrimination discrepancyon betweenthe educationalbasis performanceof andreligious measuredcreed" intellectualincludes abilitybut andis whonot exhibitslimited ato disorderdiscrimination inrelated oneto orall moreaspects of thereligious basicobservances psychologicaland processespractice involvedas inwell understandingas orbelief, inunless usingan language,employer spokendemonstrates orthat written,the whichemployer mayis manifestunable itselfto inreasonably aaccommodate diminishedto abilityan toemployee's listen,or speak,prospective read,employee's write,religious spellobservance or topractice dowithout mathematicalundue calculations;hardship on the conduct of the employer's business;
(19)"Learningdisability"referstoanindividualwhoexhibitsasevere discrepancy between educational performance and measured intellectual ability and who exhibits a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in a diminished ability to listen, speak, read, write, spell or to do mathematical calculations;
(23)[.] "CriminalsHB6474 history/ recordFile information" means court records and information obtained from the Judicial Department relating to arrests, releases, detentions, indictments, information, other formal criminal LCO No.
3505386 4 ofsHB6474 14File RaisedNo. Bill No.6474 charges or any events and outcomes arising from those arrests, releases, detentions, including pleas, trials, convictions, sentences, appeals, incarcerations, correctional supervision, paroles and releases, outstanding judgments and any other conviction information, as defined in subsection (c) of section 54-142g, or any records, documents and information based thereon;
(24)386 "Occupational(23) license""Criminal history record information" means anycourt licenses,records permits,and certificates,information registrations,obtained from the Judicial Department relating to arrests, releases, detentions, indictments, information, other formal criminal charges or any events and outcomes arising from those arrests, releases, detentions, including pleas, trials, convictions, sentences, appeals, incarcerations, correctional supervision, paroles and releases, outstanding judgments and any other meansconviction toinformation, engageas defined in ansection occupation,54-142g, trade,or vocation,any businessrecords, ordocuments profession;and information based thereon;
and(24) (25)"Occupational "Licensinglicense" agency" means any board,licenses, agency,permits, department,certificates, commissionregistrations, or other statemeans agencyto whichengage hasin thean authorityoccupation, totrade, grantvocation, profession or denybusiness; occupational licenses.
and (25) "Licensing agency" means any board, agency, department, commission or other state agency that has the authority to grant or deny occupational licenses.
(a) Except as provided in subsection [(c)](c) (d) of this section, subsection (b) of section 46a-81, as amended by this act, and section 36a-36a-489, 489, and notwithstanding any other provisions of law to the contrary, a person shall not be disqualified from employment or discriminated against in terms, conditions or privileges of employment by [the state or any of its agencies] an employer, acting directly or through an agent, nor shall a person be disqualified to practice, pursue or engage in any occupation, trade, vocation, profession or business for which a license, permit, certificate or registration is required to be issued by the state or any of its agencies solely because of [a prior conviction of a crime] thatthe person's criminal history record information.
(b) Except for a position for which any provision of the general statutes specifically disqualifies a person fromemployment [by the state or any of its agencies] because of thatthe person's criminal history record information of a prior conviction of a crime, no employer [, as defined insHB6474 section/ 5-270,]File orNo. employment agency shall [inquire about a prospective employee's past convictions until such prospective employee has been deemed otherwise qualified for the position.
LCO386 5 sHB6474 File No.
3505386 5 of 14 Raised Bill No.6474 (c) A person may be denied employment by the state or any of its agencies, or a person may be denied] deny employment, nor may the state or any of its agencies deny a license, permit, certificate or registration to pursue, practice or engage in ansection occupation,5-270,] trade, vocation, profession or business,employment byagency reasonshall of[inquire [theabout prior conviction of a crimeprospective if,employee's afterpast considering]convictions theuntil person'ssuch criminalprospective historyemployee recordhas information,been unless,deemed afterotherwise conductingqualified anfor individualized assessment, the employerposition. or employment agency determines in good faith that denial is consistent with business necessity because:
(c) A person may be denied employment by the state or any of its agencies, or a person may be denied] deny employment, nor may the state or any of its agencies deny a license, permit, certificate or registration to pursue, practice or engage in an occupation, trade, vocation, profession or business, by reason of [the prior conviction of a crime if, after considering] the person's criminal history record information, unless, after conducting an individualized assessment, the employer or employment agency determines in good faith that denial is consistent with business necessity because:
(2) [information pertaining to the degree of rehabilitation of] there is substantial evidence that the [convicted] person with criminal history record information has not been rehabilitated;
and (3) [the] insufficient time has elapsed since the [conviction or release, the state or any of its agencies determines that the applicant is not suitable for the position of employment sought or the specificspecificoccupation,trade,vocation,professionorbusinessforwhichthe occupation, trade, vocation, profession or business for which the license, permit, certificate or registration is sought] acts underlying the criminal history record information.
In making a determination under subdivision (2) of this subsection, [the state or any of its agencies] an employer shall give consideration to a provisional pardon issued pursuant to section 54-54-130e, 130e, or a certificate of rehabilitation issued pursuant to section 54-108f or 54-130e, and such provisional pardon or certificate of rehabilitation shall establish a presumption that such applicant has been rehabilitated.
If an application is denied based, in whole or in part, on [a conviction for which the applicant has received a provisional pardon or certificate of rehabilitation] a person's criminal history record information, the [state or any of its agencies, as the case may be,] employer shall provide a written statement to the applicant of itssHB6474 reasons/ forFile suchNo. denial.
(c)386 Except6 forsHB6474 aFile position for which any provision of the general LCO No.
3505386 6its ofreasons 14for Raised Bill No.6474 statutes specifically disqualifies a person from employment because of that person's criminal history record information, no employer or employment agency shall advertise employment opportunities in such adenial. manner as to restrict such employment for applicants with criminal history record information.
(c) Except for a position for which any provision of the general statutes specifically disqualifies a person from employment because of the person's criminal history record information, no employer or employment agency shall advertise employment opportunities in such a manner as to restrict such employment for applicants with criminal history record information.
An occupational license shall not be denied to any person on the basis of that person's criminal history record information unless, after conducting an individualized assessment, the licensing agency responsible for the issuancesHB6474 of/ theFile occupationalNo. license determines in good faith that denial is consistent with business necessity because:
(1)386 There7 issHB6474 aFile substantial LCO No.
3505386 7issuance of 14 Raised Bill No.6474 nexus between the circumstances of the person's criminal history record information and the occupational license thedetermines personin isgood seekingfaith orthat has,denial takingis intoconsistent accountwith thebusiness specificnecessity factsbecause: of the criminal history record information and the essential functions of a person holding such occupational license;
(2)(1) thereThere is a substantial evidencenexus thatbetween the circumstances of the person's criminal history record information and the occupational license the person withis seeking or has, taking into account the specific facts of the criminal history record information hasand notthe beenessential rehabilitated;functions of a person holding such occupationallicense;
Show all 500 changed lines (460 more)
and(2)there (3)is insufficientsubstantialevidence timethat theperson has elapsednotbeenrehabilitated;and(3)insufficienttimehaselapsedsincetheacts since the acts underlying the person's criminal history record information.
In making a determination under subdivision (2) of this subsection, the licensing agency shall give consideration to a provisional pardon issued pursuant to section 54-54-130e, 130e, or a certificate of rehabilitation issued pursuant to section 54-108f or 54-130e, and such provisional pardon or certificate of rehabilitationrehabilitationshallestablish shallapresumptionthat establish a presumption that such applicant has been rehabilitated.
(b) Sections 46a-79 to 46a-81, inclusive, as amended by this act, shall not be applicable to any law enforcement agency, and it is not a discriminatory practice for a law enforcement agency to refuse to hire or employ or to bar or to discharge from employment any person or to discriminateagainstthatpersonincompensationorinterms,conditions or privileges of employment on the basis of that person's criminal history record information, provided nothing herein shall be construed to preclude a law enforcement agency in its discretion from adopting the policy[policy] policies set forth in [said][said sections] this section, sectionssection 7 and 9 of this act and sections 46a-51, as amended by this act, 46a-74, as amended by this act, 46a-79, as amended by this act, and 46a-80, as amended by this act, or the recommendations made by the Council on the Elimination of Occupational License Collateral Consequences pursuant to section 8 of this act.
(a)sHB6474 It/ shallFile be a discriminatory practice in violation of this section for any association, board or other organization the principal purpose of which is the furtherance of the professional or occupational interests of LCO No.
3505386 8 ofsHB6474 14File RaisedNo. Bill No.6474 its members, whose profession, trade or occupation requires a state license, to refuse to accept a person as a member of such association, board or organization because of [his] such person's race, national origin, creed, sex, gender identity or expression, color, [or] status as a veteran or criminal history record information.
386 (a) It shall be a discriminatory practice in violation of this section for any association, board or other organization the principal purpose of which is the furtherance of the professional or occupational interests of its members, whose profession, trade or occupation requires a state license, to refuse to accept a person as a member of such association, board or organization because of [his] such person's race, national origin, creed, sex, gender identity or expression, color, [or] status as a veteran or criminal history record information.
(NEW) (Effective October 1, 2021) (a) To the extent that other governing laws, including, but not limited to, the laws of the United StatesStates, of America, mandate that an employer discriminate on the basis of criminal history record information, such other governing law is a defense to a claim of discriminatory practice.
Section 46a-51 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):
As used in section 4a-60a and this chapter:
(1) "Blind" refers to an individual whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses, or whose visual acuity is greater than 20/200 but is accompanied by a limitation LCO No.
3505 9 of 14 Raised Bill No.6474 in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees;
(2) "Commission" means the Commission on Human Rights and Opportunities created by section 46a-52;
(3) "Commission legal counsel" means a member of the legal staff employed by the commission pursuant to section 46a-54;
(4) "Commissioner" means a member of the commission;
(5) "Court" means the Superior Court or any judge of said court;
(6) "Discrimination" includes segregation and separation;
(7) "Discriminatory employment practice" means any discriminatory practice specified in section 46a-60, [or] 46a-81c or 46a-80, as amended by this act;
(8) "Discriminatory practice" means a violation of section 4a-60, 4a- 60a, 4a-60g, 31-40y, subparagraph (C) of subdivision (15) of section 46a- 54, subdivisions (16) and (17) of section 46a-54, section 46a-58, 46a-59, as amended by this act, 46a-60, 46a-64, 46a-64c, 46a-66, 46a-68, 46a-68c to 46a-68f, inclusive, [or] 46a-70 to 46a-78, inclusive, [subsection (a) of] section 46a-80, as amended by this act, or sections 46a-81b to 46a-81o, inclusive;
(9)"Employee" means any personemployedby anemployerbut shall not include any individual employed by such individual's parents, spouse or child;
(10) "Employer" includes the state and all political subdivisions thereof and means any person or employer with three or more persons in such person's or employer's employ;
(11) "Employment agency" means any person undertaking with or without compensation to procure employees or opportunities to work;
(12)"Labororganization"meansanyorganizationwhichexistsforthe LCO No.
3505 10 of 14 Raised Bill No.6474 purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment;
(13) "Intellectual disability" means intellectual disability as defined in section 1-1g;
(14) "Person" means one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees, trustees in bankruptcy, receivers and the state and all political subdivisions and agencies thereof;
(15) "Physically disabled" refers to any individual who has any chronic physical handicap, infirmity or impairment, whether congenital or resulting from bodily injury, organic processes or changes or from illness, including, but not limited to, epilepsy, deafness or being hard of hearing or reliance on a wheelchair or other remedial appliance or device;
(16) "Respondent" means any person alleged in a complaint filed pursuant to section 46a-82 to have committed a discriminatory practice;
(17) "Discrimination on the basis of sex" includes but is not limited to discrimination related to pregnancy, child-bearing capacity, sterilization, fertility or related medical conditions;
(18) "Discrimination on the basis of religious creed" includes but is not limited to discrimination related to all aspects of religious observances and practice as well as belief, unless an employer demonstrates that the employer is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business;
(19)"Learningdisability"referstoanindividualwhoexhibitsasevere discrepancy between educational performance and measured intellectual ability and who exhibits a disorder in one or more of the LCO No.
3505 11 of 14 Raised Bill No.
6474 basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in a diminished ability to listen, speak, read, write, spell or to do mathematical calculations;
(20) "Mental disability" refers to an individual who has a record of, or is regarded as having one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders";
[and] (21) "Gender identity or expression" means a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth, which gender-related identity can be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender- related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held, part of a person's core identity or not being asserted for an improper purpose;
and [.] (22) "Veteran" means veteran as defined in subsection (a) of section 27-103.
Sec.
9.
The Councilcouncil on the Elimination of Occupational License Collateral Consequences shall identify any and all state statutes,statutes or regulations and other state governing law that create barriers for asHB6474 person/ toFile obtain an occupational license on the basis of that person's criminal history record information or that otherwise conflict with subsection (a) of section 46a-81 of the general statutes, as amended by this act, and shall develop recommendations for amending or eliminating all such state statutes, regulations and other state governing law to ensure their compliance with this section, section 7 of this act, section 46a-51 of the general statutes, as amended LCO No.
3505386 129 ofsHB6474 14File RaisedNo. Bill No.6474 by this act, section 46a-74 of the general statutes, as amended by this act, section46a-79ofthegeneralstatutes,asamendedbythisact,andsection 46a-80 of the general statutes, as amended by this act.
(b)The386 Councilonthea EliminationofOccupationalLicenseperson Collateralto Consequencesobtain an occupational license on the basis of the person's criminal history record information or that otherwise conflict with subsection (a) of section 46a-81 of the general statutes, as amended by this act, and shall consistdevelop recommendations for amending or eliminating all such state statutes or regulations to ensure compliance with section 7 of this act, section 46a-51 of the followinggeneral members:statutes, as amended by this act, section 46a-74 of the general statutes, as amended by this act, section 46a-79 of the general statutes, as amended by this act, and section 46a-80 of the general statutes, as amended by this act.
(b) The council shall consist of the following members:
(8) a representative from the American Civil Liberties Union of Connecticut, to be appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor andpublic employees;and (9)arepresentative fromthe Institute for Municipal and Regional Policy,Policy at Central Connecticut State University, to be appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees.
(c)sHB6474 The/ HouseFile andNo. Senate chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees shall serve as the chairpersons of the council.
LCO386 10 sHB6474 File No.
3505386 13(c) The House and Senate chairpersons of 14the Raisedjoint Billstanding No.committee of the General Assembly having cognizance of matters relating to labor and public employees shall serve as the chairpersons of the council.
6474 (d) The chairpersons of the council shall schedule the first meeting of the council, which shall be held not later than sixtySeptember days1, after2021. the effective date of this section.
(f) Not later than February 1, 2021,2022, the council shall submit a report, inaccordancewiththeprovisionsofsection11-4aofthegeneralstatutes, on its recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees.
Sec.
9.
Subsection (a) of section 19a-14 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):
(a) The Department of Public Health shall have the following powers and duties with regard to the boards and commissions listed in subsection (b) of this section which are within the Department of Public Health.
The department shall:
(1) Control the allocation, disbursement and budgeting of funds appropriated to the department for the operation of the boards and commissions;
(2) Employ and assign such personnel as the commissioner deems necessary for the performance of the functions of the boards and commissions;
(3) Perform all management functions including purchasing, sHB6474 / File No.
386 11 sHB6474 File No.
386 bookkeeping, accounting, payroll, secretarial, clerical and routine housekeeping functions;
(4) Adopt, with the advice and assistance of the appropriate board or commission, and in accordance with chapter 54, any regulations which are consistent with protecting the public health and safety and which are necessary to implement the purposes of this chapter and chapters 368v, 369 to 375, inclusive, 378to 381,inclusive, 383to 388,inclusive, 398 and 399;
(5) Develop and perform all administrative functions necessary to process applications for licenses and certificates;
(6) Determine the eligibility of all applicants for permits, licensure, certification or registration, based upon compliance with the general statutes and administrative regulations.
The department may deny the eligibility of an applicant for a permit or for licensure by examination, endorsement, reciprocity or for reinstatement of a license voided pursuant to subsection (f) of section 19a-88, voluntarily surrendered or, by agreement, not renewed or reinstated pursuant to subsection (d) of section 19a-17, as amended by this act, or may issue a license pursuant to a consent order containing conditions that must be met by the applicant if the department determines that the applicant:
(A) Has failed to comply with the general statutes and administrative regulations governing the applicant's profession;
(B) Except any applicant for licensure as an embalmer and funeral director under chapter 385, a barber under chapter 386 or a hairdresser and cosmetician under chapter 387, has been found guilty or convicted as a result of an act which constitutes a felony under (i) the laws of this state, (ii) federal law or (iii) the laws of another jurisdiction and which, if committed within this state, would have constituted a felony under the laws of this state;
(C) Is subject to a pending disciplinary action or unresolved complaint before the duly authorized professional disciplinary agency sHB6474 / File No.
386 12 sHB6474 File No.
386 of any state, the District of Columbia, a United States possession or territory, or a foreign jurisdiction;
(D) Has been subject to disciplinary action similar to an action specified in subsection (a) of section 19a-17, as amended by this act, by a duly authorized professional disciplinary agency of any state, the District of Columbia, a United States possession or territory, or a foreign jurisdiction;
(E)Hascommittedanactwhich,iftheapplicantwerelicensed,would not conform to the accepted standards of practice of the profession, including, but not limited to, incompetence, negligence, fraud or deceit;
illegal conduct;
procuring or attempting to procure a license, certificate or registration by fraud or deceit;
or engaging in, aiding or abetting unlicensed practice of a regulated profession, provided the commissioner, or the commissioner's designee, gives notice and holds a hearing, in accordance with the provisions of chapter 54, prior to denying an application for a permit or a license based on this subparagraph;
or (F) Has a condition which would interfere with the practice of the applicant's profession, including, but not limited to, physical illness or lossofskillor deteriorationdue totheagingprocess,emotionaldisorder or mental illness, abuse or excessive use of drugs or alcohol, provided the commissioner, or the commissioner's designee, gives notice and holds a hearing in accordance with the provisions of chapter 54, prior to denying an application for a permit or a license based on this subparagraph;
(7) Administer licensing examinations under the supervision of the appropriate board or commission;
(8) Develop and perform all administrative functions necessary to process complaints against persons licensed by the department;
(9) Consent to the approval or disapproval by the appropriate boards or commissions of schools at which educational requirements shall be sHB6474 / File No.
386 13 sHB6474 File No.
386 met;
(10) Conduct any necessary review, inspection or investigation regarding qualifications of applicants for licenses or certificates, possible violations of statutes or regulations, and disciplinary matters.
In connection with any investigation, the Commissioner of Public Health or the commissioner's authorized agent may administer oaths, issue subpoenas, compel testimony and order the production of books, records and documents.
If any person refuses to appear, to testify or to produce any book, record or document when so ordered, a judge of the Superior Court may make such order as may be appropriate to aid in the enforcement of this section;
(11) Conduct any necessary investigation and follow-up in connection with complaints regarding persons subject to regulation or licensing by the department.
In connection with any such investigation, the department may restrict, suspend or otherwise limit the license or permit of any person subject to regulation or licensing by the department pursuant to an interim consent order entered during the pendency of such investigation;
(12) With respect to any complaint filed with the department on or after October 1, 2010, alleging incompetence, negligence, fraud or deceit by a person subject to regulation or licensing by any board or commission described in subdivision (1) to (5), inclusive, (7), (8), (12) to (14), inclusive, or (16) of subsection (b) of this section:
(A)Uponrequest ofthe personwho filedthecomplaint, providesuch person with information on the status of the complaint;
(B) Upon request of the person who filed the complaint, provide such person with an opportunity to review, at the department, records compiled as of the date of the request pursuant to any investigation of the complaint, including, but not limited to, the respondent's written response to the complaint, except that such person shall not be entitled to copy such records and the department (i) shall not disclose (I) information concerning a health care professional's referral to, sHB6474 / File No.
386 14 sHB6474 File No.
386 participation in or completion of an assistance program in accordance with sections 19a-12a and 19a-12b, that is confidential pursuant to section 19a-12a, (II) information not related to such person's specific complaint, including, but not limited to, information concerning patients other than such person, or (III) personnel or medical records and similar files the disclosure of which would constitute an invasion of personal privacy pursuant to section 1-210, except for such records or similar files solely related to such person;
(ii) shall not be required to disclose any other information that is otherwise confidential pursuant to federal law or state statute, except for information solely related to such person;
and (iii) may require up to ten business days written notice prior to providing such opportunity for review;
(C) Prior to resolving the complaint with a consent order, provide the person who filed the complaint with not less than ten business days to submit a written statement as to whether such person objects to resolving the complaint with a consent order;
(D) If a hearing is held with respect to such complaint after a finding of probable cause, provide the person who filed the complaint with a copy of the notice of hearing issued pursuant to section 4-177, which shall include information concerning the opportunity to present oral or written statements pursuant to subsection (b) of section 4-177c;
and (E) Notify the person who filed the complaint of the final disposition of such complaint not later than seven business days after such final disposition;
(13) Perform any other function necessary to the effective operation of a board or commission and not specifically vested by statute in the board or commission;
(14) Contract with a third party, if the commissioner deems necessary, to administer licensing examinations and perform all attendant administrative functions in connection with such examination;
and sHB6474 / File No.
386 15 sHB6474 File No.
386 (15) With respect to any investigation of a person subject to regulation, licensing or certification by the department and in any disciplinary proceeding regarding such person, except as required by federal law:
(A)Not bedenied accessto or use ofcopiesofpatient medicalrecords on the grounds that privilege or confidentiality applies to such records;
and (B) Not further disclose patient medical records received pursuant to the provisions of this subdivision or personnel records received during the course of the investigation.
Patient records received pursuant to this subdivision or personnel records received during the course of the investigation shall not be subject to disclosure under section 1-210.
Sec.
10.
Subsection (a) of section 19a-17 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):
(a) Each board or commission established under chapters 369 to 376, inclusive, 378 to 381, inclusive, and 383 to 388, inclusive, and the Department of Public Health with respect to professions under its jurisdiction that have no board or commission may take any of the following actions, singly or in combination, based on conduct that occurred prior or subsequent to the issuance of a permit or a license upon finding the existence of good cause:
(1) Revoke a practitioner's license or permit;
(2) Suspend a practitioner's license or permit;
(3) Censure a practitioner or permittee;
(4) Issue a letter of reprimand to a practitioner or permittee;
(5)Restrict or otherwise limit practice to thoseareasprescribedby the board, commission or department;
(6) Place a practitioner or permittee on probationary status and sHB6474 / File No.
386 16 sHB6474 File No.
386 require the practitioner or permittee to:
(A) Report regularly to such board, commission or department upon the matters which are the basis of probation;
(B) Limit practice to those areas prescribed by such board, commission or department;
(C) Continue or renew professional education until a satisfactory degree of skill has been attained in those areas which are the basis for the probation;
(7) Assess a civil penalty of up to twenty-five thousand dollars;
(8) In those cases involving persons or entities licensed or certified pursuant to sections 20-341d, 20-435, 20-436, 20-437, 20-438, 20-475 and 20-476, require that restitution be made to an injured property owner;
or (9) Summarily take any action specified in this subsection against a practitioner's license or permit upon receipt of proof that such practitioner has been:
(A) [Found] Except for a practitioner who is a social worker under chapter 383b, a professional counselor under chapter 383c, an art therapist under chapter 383g, a dietitian-nutritionist under chapter 384b, anembalmer or funeraldirector under chapter 385, abarber under chapter 386, a hairdresser, cosmetician, esthetician, eyelash technician or nail technician under chapter 387, found guilty or convicted as a result of an act which constitutes a felony under (i) the laws of this state, (ii) federal law, or (iii) the laws of another jurisdiction and which, if committed within this state, would have constituted a felony under the laws of this state;
or (B) Subject to disciplinary action similar to that specified in this subsection by a duly authorized professional agency of any state, the federalgovernment,theDistrictofColumbia,aUnitedStatespossession or territory or a foreign jurisdiction.
The applicable board or sHB6474 / File No.
386 17 sHB6474 File No.
386 commission, or the department shall promptly notify the practitioner or permittee that his license or permit has been summarily acted upon pursuant to this subsection and shall institute formal proceedings for revocation within ninety days after such notification.
Sec.
11.
Section 20-195p of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):
The commissioner may take any action set forth in section 19a-17, as amendedby thisact, if thelicense holder fails to conformtotheaccepted standards of the social work profession, including, but not limited to, the following:
Conviction of a felony that is reasonably related to the license holder's ability to safely or competently perform the duties or responsibilitiesassociatedwithsuchlicense;
fraudor deceit inobtaining or seeking reinstatement of a license to practice clinical social work;
fraud or deceit in the practice of social work;
negligent, incompetent or wrongful conduct in professional activities;
emotional disorder or mental illness;
physical illness, including, but not limited to, deteriorationthroughtheagingprocess;abuseorexcessiveuseofdrugs, including alcohol, narcotics or chemicals;
wilful falsification of entries in any hospital, patient or other record pertaining to social work;
violation of any provision of this chapter or any regulation adopted hereunder.
The Commissioner of Public Health may order a license holder to submit to a reasonable physical or mental examination if his physical or mental capacity to practice safely is the subject of an investigation.
Said commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to [said] section 19a-17, as amended by this act.
Notice of any contemplated action under [said] section 19a-17, as amended by this act, of the cause therefor and the date of hearing thereon, shall be given and an opportunity for hearing afforded as provided in the regulations adopted by the commissioner.
Sec.
12.
Section 20-195ee of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):
The Commissioner of Public Health may take any disciplinary action sHB6474 / File No.
386 18 sHB6474 File No.
386 set forth in section 19a-17, as amended by this act, against a professional counselor or professional counselor associate for any of the following reasons:
(1) Failure to conform to the accepted standards of the profession;
(2) conviction of a felony that is reasonably related to the license holder's ability to safely or competently practice professional counseling;
(3) fraud or deceit in obtaining or seeking reinstatement of a license to practice professional counseling;
(4) fraud or deceit in the practice of professional counseling;
(5) negligent, incompetent or wrongful conduct in professional activities;
(6) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession;
(7) alcohol or substance abuse;
(8) wilful falsification of entries in any hospital, patient or other record pertaining to professional counseling;
or (9) violation of any provision of sections 20-195aa to 20-195dd, inclusive, or any regulation adopted pursuant to section 20-195ff.
The commissioner may order a license holder to submit to a reasonable physical or mental examination if his physical or mental capacity to practice safely is the subject of an investigation.
The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to [said] section 19a-17, as amended by this act.
The commissioner shall give notice and an opportunity to be heard on any contemplated action under [said] section 19a-17, as amended by this act.
Sec.
13.
Section 20-195qqq of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):
The Commissioner of Public Health may take any disciplinary action set forth in section 19a-17, as amended by this act, against an art therapist for any of the following reasons:
(1) Failure to conform to the accepted standards of the profession;
(2) conviction of a felony that is reasonably related to the license holder's ability to safely or competently perform the duties or responsibilities associated with such license;
(3) fraud or deceit in obtaining or seeking reinstatement of a license to practice art therapy;
(4) fraud or deceit in the practice of art therapy;
(5) negligent, incompetent or wrongful conduct in professional activities;
(6) physical, mental or emotional illness or disorder resulting in an sHB6474 / File No.
386 19 sHB6474 File No.
386 inability to conform to the accepted standards of the profession;
(7) alcohol or substance abuse;
or (8) wilful falsification of entries in any hospital, patient or other record pertaining to art therapy.
The commissioner may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation.
The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17, as amended by this act.
The commissioner shall give notice and an opportunity to be heard on any contemplated action under section 19a- 17, as amended by this act.
Sec.
14.
Section 20-206s of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):
The department may take any action set forth in section 19a-17, as amended by this act, if the certificate holder fails to conform to the accepted standards of the dietitian-nutritionist profession, including, but not limited to, the following:
Conviction of a felony that is reasonably related to the certificate holder's ability to safely or competently perform the duties or responsibilities associated with such certificate;
fraud or deceit in professional practice;
illegal conduct;
negligent, incompetent or wrongful conduct in professional activities;
emotional disorder or mental illness;
physical illness including, but not limited to, deterioration through the aging process;
abuse or excessive use of drugs, including alcohol, narcotics or chemicals;
wilful falsification of entries in any client or patient record;
misrepresentation or concealment of a material fact in the obtaining or reinstatement of a dietitian-nutritionist certificate;
or violation of any provision of sections 20-206m to 20-206t, inclusive.
Sec.
15.
Subsection (i) of section 20-265b of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):
(i) The Commissioner of Public Health may take any disciplinary action set forth in section 19a-17, as amended by this act, against an sHB6474 / File No.
386 20 sHB6474 File No.
386 esthetician for failure to conform to the accepted standards of the profession, including, but not limited to:
(1) Conviction of a felony that is reasonably related to the license holder's ability to safely or competently practice as an esthetician;
(2) fraud or deceit in obtaining or seeking reinstatement of a license to practice as an esthetician;
(3) fraud or deceit in the practice of an esthetician;
(4) negligent, incompetent or wrongful conduct in professional activities;
(5) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession;
or (6) abuse or excessive use of drugs, including, alcohol, narcotics or chemicals.
The commissioner may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation.
The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17, as amended by this act.
The commissioner shall give notice and an opportunity to be heard on any contemplated action under section 19a- 17, as amended by this act.
Sec.
16.
Subsection (i) of section 20-265c of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):
(i) The Commissioner of Public Health may take any disciplinary action set forth in section 19a-17, as amended by this act, against an eyelash technician for failure to conform to the accepted standards of the profession, including, but not limited to:
(1) Conviction of a felony that is reasonably related to the license holder's ability to safely or competently practice as an eyelash technician;
(2) fraud or deceit in obtaining or seeking reinstatement of a license to practice as an eyelash technician;
(3) fraud or deceit in the practice of an eyelash technician;
(4) negligent, incompetent or wrongful conduct in professional activities;
(5) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession;
or (6) abuse or excessive use of drugs, including, alcohol, narcotics or chemicals.
The commissioner may order a license holder to submit to a sHB6474 / File No.
386 21 sHB6474 File No.
386 reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation.
The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17, as amended by this act.
The commissioner shall give notice and an opportunity to be heard on any contemplated action under section 19a-17, as amended by this act.
Sec.
17.
Subsection (i) of section 20-265d of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):
(i) The Commissioner of Public Health may take any disciplinary action set forth in section 19a-17, as amended by this act, against a nail technician for failure to conform to the accepted standards of the profession, including, but not limited to:
(1) Conviction of a felony that is reasonably related to the license holder's ability to safely or competently practice as a nail technician;
(2) fraud or deceit in obtaining or seeking reinstatement of a license to practice as a nail technician;
(3) fraud or deceit in the practice of a nail technician;
(4) negligent, incompetent or wrongful conduct in professional activities;
(5) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession;
or (6) abuse or excessive use of drugs, including, alcohol, narcotics or chemicals.
The commissioner may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation.
The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17, as amended by this act.
The commissioner shall give notice and an opportunity to be heard on any contemplated action under section 19a- 17, as amended by this act.
Sec.
18.
Subsection (a) of section 20-281a of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):
sHB6474 / File No.
386 22 sHB6474 File No.
386 (a) After notice and hearing pursuant to section 20-280c, the board may revoke any certificate, license or permit issued under section 20- 281c, 20-281d or 20-281e or the practice privilege of an individual who qualifies under section 20-281n;
suspend any such certificate, registration, license, practice privilege or permit or refuse to renew any such certificate, license or permit;
reprimand, censure, or limit the scope of practice of any licensee or individual that qualifies for the practice privilege;
impose a civil penalty not exceeding fifty thousand dollars upon licensees, individuals who qualify for the practice privilege or others violating provisions of section 20-281g or place any licensee or individual that qualifies for the practice privilege on probation, all with or without terms, conditions and limitations, for any one or more of the following reasons:
(1) Fraud or deceit in obtaining a certificate, registration, license, practice privilege or permit;
(2) Cancellation, revocation, suspension or refusal to renew authority to engage in the practice of public accountancy in any other state for any cause;
(3) Failure, on the part of a holder of a license or permit under section 20-281d or 20-281e, to maintain compliance with the requirements for issuance or renewal of such license or permit or to report changes to the board under subsection (h) of section 20-281d or subsection (f) of section 20-281e;
(4) Revocation, limitation or suspension of the right to practice before any state or federal agency or the Public Company Accounting Oversight Board under the Sarbanes-Oxley Act of 2002, or any of the followingactionstakenbyanysuchstateorfederalagencyorsaidboard against a licensee or individual who qualifies for the practice privilege:
(A) Suspension of or barring a licensee from serving as a corporate officer or director, (B) requiring such individual or licensee to disgorge funds, or (C) suspension or barring such individual or a licensee from association with a public accounting firm;
sHB6474 / File No.
386 23 sHB6474 File No.
386 (5) Dishonesty, fraud or negligence in the practice of public accountancy or in the filing or failure to file his own income tax returns;
(6) Violation of any provision of sections 20-279b to 20-281m, inclusive, or regulation adopted by the board under said sections;
(7)Violationofanyruleofprofessionalconductadoptedbytheboard under subdivision (4) of subsection (g) of section 20-280;
(8) Conviction of a felony that is reasonably related to the licensee's ability to safely or competently engage in the practice of accountancy, or of any crime an element of which is dishonesty or fraud, under the laws of the United States, of this state, or of any other state if the acts involved would have constituted a crime under the laws of this state, subject to the provisions of section 46a-80;
(9) Performance of any fraudulent act while holding a registration, certificate, license, practice privilege or permit issued under sections 20- 279b to 20-281m, inclusive, or prior law;
(10) Any conduct reflecting adversely upon the licensee's fitness to engage in the practice of public accountancy;
and (11) Violation by anyone of any provision of section 20-281g.
Sec.
19.
Section 20-294 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):
The Commissioner of Consumer Protection or the board may suspend for a definite period, not to exceed one year, or revoke any license or certificate of authority issued under this chapter, after notice and hearing in accordance with the regulations adopted by the Commissioner of Consumer Protection, or may officially censure any person holding any such license or certificate of authority and may assess a civil penalty of up to one thousand dollars per violation, (1) if it is shown that the license or certificate was obtained through fraud or misrepresentation, (2) if the holder of the license or certificate has been found guilty by the board, the commissioner or by a court of competent sHB6474 / File No.
386 24 sHB6474 File No.
386 jurisdiction of any fraud or deceit in such holder's professional practice or has been convicted of a felony that is reasonably related to the holder's ability to safely or competently perform the duties or responsibilities associated with such license or certificate, (3) if the holder of the license or certificate has been found guilty by the board or the commissioner of gross incompetency or of negligence in the planning or construction of buildings, or (4) if it is shown to the satisfaction of the board or the commissioner that the holder of the license or certificate has violated any provision of this chapter or any regulation adopted under this chapter.
Any such suspension or revocation of a license or certificate by the board shall be a proposed finaldecisionandsubmittedto thecommissioner inaccordance withthe provisions of subsection (b) of section 21a-7.
The board or the commissioner may reissueany suchlicense or certificate which has been revoked, and may modify the suspension of any such license or certificate which has been suspended.
Sec.
20.
Subsection (c) of section 20-334 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):
(c) The Commissioner of Consumer Protection and each board established under section 20-331 may suspend or revoke any license or certificate granted or issued by it under this chapter if the holder of such license or certificate (1) is convicted of a felony [,] that is reasonably relatedtotheholder'sability tosafely or competently performtheduties or responsibilities associated with such license or certificate, (2) is grossly incompetent, (3) engages in malpractice or unethical conduct or knowingly makes false, misleading or deceptive representations regarding his or her work, or (4) violates the regulations adopted under this chapter.
Before any such license is suspended or revoked, such holder shall be given notice and opportunity for hearing as provided in regulations adopted by the Commissioner of Consumer Protection.Any person whose license has been suspended or revoked may, after ninety days, apply to the board to have such license reinstated.
Any such suspension or revocation of a license or certification by the board shall sHB6474 / File No.
386 25 sHB6474 File No.
386 be a proposed final decision and submitted to the commissioner in accordance with the provisions of subsection (b) of section 21a-7.
Sec.
21.
Subsection (b) of section 20-341gg of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):
(b) No person shall engage in or offer to perform the work of any major contractor in this state on any proposed structure or existing structure or addition that exceeds the threshold limits contained in section 29-276b unless such person has first obtained a license or certificate ofregistrationasrequiredunder theprovisionsofchapter 539 or a registration from the Department of Consumer Protection in accordance with the provisions of this section.
Individuals licensed under chapter 393 shall be exempt from the provisions of this chapter while engaging in work that they are licensed to perform.
The department shall issue a certificate of registration to any person who is prequalified pursuant to section 4a-100 who applies for registration in accordance with this section.
Such prequalified person shall not be required to pay a fee for such registration at any time that the person maintains valid prequalification.
If the individual or the firm, company, partnership or corporation employing such individual is engaged in work on a structure or addition that exceeds the threshold limits contained in section 29-276b and requires licensure under chapter 393, the firm, company, partnership or corporation shall be exempt from the provisions of this chapter concerning registration of major contractors, if the firm, company, partnership or corporation employs an individual who is licensed as a contractor under chapter 393 to perform such work.
The department shall furnish to each qualified applicant a registration certifying that the holder of such registration is entitled to engage in the work for which the person has been issued a registration under this subsection, and the holder of such registration shall carry it on his person while engaging in such work.
Such registration shall be shown to any properly interested person upon request.
No such registration shall be transferred to or used by any person other than the person to whom the registration was issued.
The department shall maintain sHB6474 / File No.
386 26 sHB6474 File No.
386 rosters of registrants and shall update such rosters annually.
The department may provide copies of rosters to the public for an appropriate fee.
The department may suspend or revoke any registration issued by the department if the holder of such registration is convicted of a felony that is reasonably related to the holder's ability to safely or competently perform work under such registration, is grossly incompetent, is disqualified, pursuant to section 4a-100 or whose prequalification certificate has been revoked pursuant to section 4a-100, engages in malpractice or unethical conduct or knowingly makes false, misleading or deceptive representations regarding his work or violates any regulation adopted under subsection (c) of this section.
Before any registration is suspended or revoked, such holder shall be given notice and an opportunity for hearing as provided in regulations adopted under subsection (c) of this section.
The Commissioner of Consumer Protection shall provide written notice of any suspension or revocation of a registration to the Commissioner of Administrative Services not later than ten days after such suspension or revocation.
Sec.
22.
Section 20-363 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):
The commissioner may refuse to issue or renew or may suspend or revoke a license or take any of the actions set forth in section 19a-17, as amended by this act, upon proof that the applicant or license holder (1) has employed or knowingly cooperated in fraud or material deception inorderto obtaina license or hasengagedinfraudormaterialdeception in the course of professional services or activities at any place;
(2) has been guilty of illegal, incompetent or negligent conduct in his or her practice;
(3) has violated any provision of this chapter or any regulation adopted under this chapter;
(4) has been found guilty or convicted as a result of an act which constitutes a felony under (A) the laws of this state, (B) federal law, or (C) the laws of another jurisdiction and which, if committed within this state, would have constituted a felony under the laws of this state, provided such felony is reasonably related to the applicant's or holder's ability to safely or competently perform work sHB6474 / File No.
386 27 sHB6474 File No.
386 under such license;
or (5) has been subject to disciplinary action similar to that specified in section 19a-17, as amended by this act, by a duly authorized professional disciplinary agency of any state, the District of Columbia, a United States possession or territory, or a foreign jurisdiction.
The commissioner may petition the superior court for the judicial district of Hartford to enforce any action taken pursuant to section 19a-17, as amended by this act.
Before the commissioner may suspend, revoke or refuse to renew a license or take such other action, the commissioner shall give the applicant or license holder notice and opportunity for hearing as provided in the regulations adopted by the commissioner.
Sec.
23.
Section 20-442a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):
The department may take any action set forth in section 19a-17, as amended by this act, and subsection (f) of section 19a-88 against a person or entity licensed or certified pursuant to chapter 400a for reasons including, but not limited to, the following:
(1) Conviction of a felony that is reasonably related to the person's or entity's ability to safely or competently perform professional activities under such license or certificate;
(2) fraud or deceit in the practice of such person's or entity's profession;
(3) negligent, incompetent or wrongful conduct in professional activities;
(4) misrepresentation or concealment of a material fact in the obtaining, reinstatement or renewal of a license or certificate;
or (5) violation of any provision of chapter 400a, or any regulation adopted thereunder.
The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17, as amended by this act.
Notice of any contemplated action under section 19a-17, as amended by this act, the cause of action and the date of a hearing on the action shall be given and an opportunity for hearing afforded in accordance with the provisions of chapter 54.
Sec.
24.
Section 20-481 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):
sHB6474 / File No.
386 28 sHB6474 File No.
386 The department may take any action set forth in section 19a-17, as amended by this act, against a person or entity issued a license or certificate pursuant to sections 20-474 to 20-482, inclusive, and subsections (e) and (f) of section 19a-88 for reasons including, but not limited to, the following:
Conviction of a felony that is reasonably related to the person's or entity's ability to safely or competently perform professional activities under such license or certificate;
fraud or deceit in the practice of his profession;
negligent, incompetent or wrongful conduct in professional activities;
misrepresentation or concealment ofa materialfact intheobtaining,reinstatement orrenewal of a license;
or violation of any provision of sections 20-474 to 20-482, inclusive, and subsections (e) and (f) of section 19a-88 or any regulation adopted thereunder.
The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to [said] section 19a-17, as amended by this act.
Notice of any contemplated action under [said] section 19a-17, as amended by this act, the cause of action and the date of a hearing on the action shall be given and an opportunity for hearing afforded in accordance with the provisions of chapter 54.
Sec.
25.
Subsection (i) of section 20-540 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):
(i) The Department of Consumer Protection may suspend or revoke a certificate granted or issued by it pursuant to this section if the holder of such certificate is convicted of a felony that is reasonably related to the holder's ability to safely or competently perform work under such certificate, is grossly incompetent, engages in malpractice or unethical conduct or knowingly makes false, misleading or deceptive representations regarding his work.
Prior to such suspension or revocation, such holder shall be given notice and an opportunity for hearing as provided in regulations adopted by the Commissioner of Consumer Protection.Any personwhosecertificate hasbeensuspended may, after ninety days, apply to the department to have such certificate reinstated.
sHB6474 / File No.
386 29 sHB6474 File No.
386 Sec.
26.
Subsection (a) of section 22a-66e of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):
(a) The grounds for denial, revocation or suspension of a registration shall include, but not be limited to:
(1) Violation of any provision of this chapter, as amended, or any regulation, permit, certificate, registration or order adopted, administered or issued pursuant thereto;
(2) Inclusion of false or misleading information in an application or failure to notify the commissioner of a change as required by section 22a-66c;
(3) Inclusion of false or misleading information in records required to be maintained pursuant to section 22a-66g, the failure to maintain such records, or the failure to provide the commissioner with the records required by said section;
(4) Use of a pesticide in a manner inconsistent with the registered labeling or with state or federal restrictions on the use of such pesticide;
(5) Application of pesticides generally known in the trade to be ineffective or improper for the intended use;
(6) Operation of faulty or unsafe equipment which may result in improper application or harm to the environment, the applicator or others from the pesticide;
(7)Applicationofapesticideinafaulty,carelessornegligentmanner;
(8) Aiding or abetting a certified or uncertified person to evade the provisions of this chapter, as amended, or any regulation, permit, certificate, registration or order adopted, administered or issued pursuant thereto;
(9) The making of a false or misleading statement during an inspection or investigation concerning an infestation of pests, an sHB6474 / File No.
386 30 sHB6474 File No.
386 accident in applying a pesticide, misuse of a pesticide, or violation of a statute, regulation, certificate, registration or order;
(10) The performance of work, whether or not for compensation, in a category for which the applicator is not certified;
and (11) The conviction of the applicant or owner of a pesticide application business of a felony, as defined in section 53a-25, that is reasonably related to the applicant's or owner's ability to safely or competently perform work under such registration.
Sec.
27.
Subsection (c) of section 23-61i of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):
(c) The grounds for denial, revocation or suspension of a certificate of registration shall include the following:
(1) Violation of any provision of this chapter or chapter 441 or any regulation, permit, certificate, registration or order adopted, issued or administered or issued pursuant to this chapter and chapter 441;
(2) Inclusion of false or misleading information in an application or thefailure to notify thecommissioner ofachange,asrequiredby section 23-61h;
(3) Inclusion of false or misleading information in records required to bemaintained pursuant to section23-61k,orthefailure to maintainsuch records or provide the commissioner with the records required by section 23-61k;
(4) Use of a pesticide in a manner inconsistent with the registered labeling or with state or federal restrictions on the use of such pesticide;
(5) Application of pesticides generally known in the trade to be ineffective or improper for the intended use;
(6) Operation of faulty or unsafe equipment which may result in improper pesticide application or harm to the environment, a worker or sHB6474 / File No.
386 31 sHB6474 File No.
386 other persons;
(7) Application of a pesticide or performance of arboriculture in a faulty, careless or negligent manner;
(8) Aiding or abetting a licensed or unlicensed person to evade the provisions of this chapter or chapter 441 or any regulation, permit, certificate, registration or order adopted, issued or administered pursuant to this chapter and chapter 441;
(9) The making of a false or misleading statement during an inspection or investigation concerning an infestation of pests, an accident in applying a pesticide, misuse of a pesticide, or violation of a statute, regulation, certificate, registration or order;
(10) The performance of arboriculture which does not meet generally accepted industry standards;
(11) The performance of work, whether or not for compensation, in a category for which the arborist is not certified;
and (12) The conviction of the applicant of a felony, as defined in section 53a-25, that is reasonably related to the applicant's ability to safely or competently perform work under such certification.
Sec.
28.
Section 29-158 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):
Any license or registration issued under the provisions of sections 29- 153 to 29-161, inclusive, may be suspended or revoked by the commissioner, after giving notice and an opportunity to be heard to the licensee or registrant when the commissioner finds that the licensee or registrant has:
(1) Violated any of the terms or provisions of sections 29- 153 to 29-161, inclusive, or any of the regulations adopted thereunder;
(2) practiced fraud, deceit or misrepresentation in dealing with the clients of the licensee or registrant;
(3) made a material misstatement in the application for issuance of such license or registration, or, in the case of a licensee, in the application for renewal of such license;
(4) sHB6474 / File No.
386 32 sHB6474 File No.
386 demonstrated incompetence or untrustworthiness in the conduct of the business;
or (5) been convicted of a felony or other crime involving moral turpitude, that is reasonably related to the licensee's or registrant's ability to safely or competently perform work under such license or registration.
If the licensee or registrant has been convicted under section53a-61 or 53a-62,thecommissioner shallconsider thefacts and circumstances surrounding such conviction prior to suspending or revoking the license or registration.
Any party aggrieved by an order of the commissioner under the provisions of this section may appeal therefrom in accordance with the provisions of section 4-183, except the venue for such appeal shall be the judicial district of New Britain.
Sec.
29.
Section 29-161v of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):
Any license for a security service or security officer or approval as a security officer instructor may be suspended or revoked by the Commissioner of Emergency Services and Public Protection, provided noticeshallhave beengiventothelicenseeorinstructortoappearbefore the commissioner to show cause why the license or approval should not be suspended or revoked, upon a finding by the commissioner that:
(1) The licensee has violated any of the terms or provisions of sections 29- 161g to 29-161x, inclusive, or inthecase ofaninstructor,section29-161q, or any of the regulations adopted pursuant to section 29-161x;
(2) the licensee or instructor has practiced fraud, deceit or misrepresentation;
(3) the licensee or instructor has made a material misstatement in the application for issuance or renewal of the license or approval;
(4) the licensee or instructor has demonstrated incompetence or untrustworthiness in the conduct of the business;
or (5) the licensee or instructor has been convicted of a felony that is reasonably relatedto the licensee's or instructor's ability to safely or competently perform work under such license approval or [other] a crime affecting the licensee's or instructor's honesty [,] or integrity.
[or moral fitness.] Any party aggrieved by an order of the commissioner under this section may appeal therefrom in accordance with the provisions of section 4-183, except the venue for such appeal shall be the judicial district of New sHB6474 / File No.
386 33 sHB6474 File No.
386 Britain.
Sec.
30.
Subsection (a) of section 30-47 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):
(a) The Department of Consumer Protection may, in its discretion, suspend, revoke or refuse to grant or renew a permit for the sale of alcoholic liquor if it has reasonable cause to believe:
(1) That the applicant or permittee appearsto befinancially irresponsibleor neglects to provide for his family, or neglects or is unable to pay his just debts;
(2) that the applicant or permittee has been provided with funds by any wholesaler or manufacturer or has any forbidden connection with any other classofpermittee asprovidedinthis chapter;
(3)that theapplicant or permittee isinthehabit ofusing alcoholic beveragesto excess;(4)that the applicant or permittee has wilfully made any false statement to the department in a material matter;
(5) that the applicant or permittee has been convicted of violating any of the liquor laws of this or any other state or the liquor laws of the United States or has been convicted of a felony, as such term is defined in section 53a-25, that is reasonably relatedtotheholder'sability tosafely or competently performtheduties associated with such permit, or has such a criminal record that the department reasonably believes he is not a suitable person to hold a permit, provided no refusal shall be rendered under this subdivision except in accordance with the provisions of sections 46a-80 and 46a-81, as amended by this act;
(6) that the applicant or permittee has not been delegated full authority and control of the permit premises and of the conduct of all business on such premises;
or (7) that the applicant or permittee has violated any provision of this chapter or any regulation adopted under this chapter.
Any backer shall be subject to the same disqualifications as provided in this section in the case of an applicant for a permit or a permittee.
Sec.
31.
Section 20-333 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):
(a) To obtain a license under this chapter, an applicant shall have sHB6474 / File No.
386 34 sHB6474 File No.
386 attained such applicant's eighteenth birthday and shall furnish such evidence of competency as the appropriate board or the Commissioner of Consumer Protection shall require.
A recommendation for review issued pursuant to section31-22u shall besufficient to demonstrate such competency.
The applicant shall satisfy such board or the commissioner that such applicant [is of good moral character,] possesses a diploma or other evidence of graduation from the eighth grade of grammar school, or possesses an equivalent education to be determined on examination and has the requisite skill to perform the work in the trade for which such applicant is applying for a license and can comply with all other requirements of this chapter and the regulations adopted under this chapter.
A recommendation for review issued pursuant to section 31- 22u shall be sufficient to demonstrate that an applicant possesses such requisiteskillandcancomplywithallotherrequirementsofthischapter and the regulations adopted under this chapter.
For any application submitted pursuant to this sectionthat requiresahearing or other action by the applicable examining board or the commissioner, such hearing or other action by the applicable examining board or the commissioner shall occur not later than thirty days after the date of submission for such application.
Upon application for any such license, the applicant shall pay to the department a nonrefundable application fee of ninety dollars for a license under subdivisions (2) and (3) of subsection (a) and subdivision (4) of subsection (e) of section 20-334a, or a nonrefundable application fee of one hundred fifty dollars for a license under subdivision (1) of subsection (a), subdivisions (1) and (2) of subsection (b), subdivision (1) of subsection (c) and subdivisions (1), (2) and (3) of subsection (e) of section 20-334a.
Any such application fee shall be waived for persons who present a recommendation for review issued pursuant to section 31-22u.
(b) The department shall conduct such written, oral and practical examinations as the appropriate board, with the consent of the commissioner, deems necessary to test the knowledge of the applicant in the work for which a license is being sought.
The department shall allow any applicant, who has not participated in an apprenticeship program but presents a recommendation for review issued pursuant to sHB6474 / File No.
386 35 sHB6474 File No.
386 section 31-22u, to sit for any such examination.
Any person completing the required apprentice training program for a journeyman's license under section 20-334a shall, within thirty days following such completion, apply for a licensure examination given by the department.
If an applicant does not pass such licensure examination, the commissioner shall provide each failed applicant with information on how to retake the examination and a report describing the applicant's strengths and weaknesses in such examination.
Any apprentice permit issued under section 20-334a to an applicant who fails three licensure examinations in any one-year period shall remain in effect if such applicant applies for and takes the first licensure examination given by the department following the one-year period from the date of such applicant's third and last unsuccessful licensure examination.
Otherwise, such permit shall be revoked as of the date of the first examination given by the department following expiration of such one-year period.
(c) The Commissioner of Consumer Protection, subject to section 46a- 80, as amended by this act, may issue a license pursuant to a consent order containing conditions that shall be met by the applicant if the applicant reports that he or she has been found guilty or convicted as a result of an act which (1) constitutes a felony under (A) the laws of this state at the time of application for such license, (B) federal law at the time of application for such license, or (C) the laws of another jurisdiction, and which, if committed within this state, would constitute a felony under the laws of this state, and (2) is reasonably related to the applicant's ability to safely or competently perform the duties or responsibilities associated with such license.
[(c)] (d) When an applicant has qualified for a license, the department shall, upon receipt ofthe license fee or uponwaiver ofsuch fee pursuant to section 20-335, issue to such applicant a license entitling such applicant to engage in the work or occupation for which a license was sought and shall register each successful applicant's name and address in the roster of licensed persons authorized to engage in the work or occupation within the appropriate board's authority.
All fees and other sHB6474 / File No.
386 36 sHB6474 File No.
386 moneys collected by the department shall be promptly transmitted to the State Treasurer as provided in section 4-32.
Sec.
32.
(NEW) (Effective October 1, 2021) The Departments of Administrative Services, Agriculture, Consumer Protection, Correction, Emergency Services and Public Protection and Public Health, the Labor Department, and the Office of Early Childhood shall, not later than January 1, 2022, report to the Secretary of the Office of Policy and Management on (1) the number of employees that perform background checks related to the agency's licensing functions, the job classifications of such employees and the type or level of clearance of the background checks that are being performed, (2) the number of hours each such employee spends on average per week performing background checks, (3) for any licenses in which some education or training is required of the applicant prior to obtaining a license, the feasibility of establishing a preclearance assessment of criminal history prior to potential applicants beginning such education or training, and (4) the feasibility of centralizing and standardizing background checks performed by state agencies and an assessment of any related issues of delegation of authority by such agencies.
8 OctoberJuly 1, 2021 46a-51New section Sec.
9 JulyOctober 1, 2021 New19a-14(a) sectionSec. Statement of Purpose:
To10 addressOctober the1, collateral2021 employment19a-17(a) consequencesSec. of a criminal record.
[Proposed11 deletionsOctober are1, enclosed2021 in20-195p brackets.Sec.
Proposed12 additionsOctober are1, indicated2021 by20-195ee underline,Sec. except underlined.]e entire text of a bill or resolution or a section of a bill or resolution is new, it is not LCO No.
350513 14October of1, 142021 20-195qqq Sec.
14 October 1, 2021 20-206s sHB6474 / File No.
386 37 sHB6474 File No.
386 Sec.
15 October 1, 2021 20-265b(i) Sec.
16 October 1, 2021 20-265c(i) Sec.
17 October 1, 2021 20-265d(i) Sec.
18 October 1, 2021 20-281a(a) October 1, 2021 Sec.
19 20-294 Sec.
20 October 1, 2021 20-334(c) Sec.
21 October 1, 2021 20-341gg(b) Sec.
22 October 1, 2021 20-363 Sec.
23 October 1, 2021 20-442a Sec.
24 October 1, 2021 20-481 Sec.
25 October 1, 2021 20-540(i) October 1, 2021 Sec.
26 22a-66e(a) Sec.
27 October 1, 2021 23-61i(c) Sec.
28 October 1, 2021 29-158 Sec.
29 October 1, 2021 29-161v Sec.
30 October 1, 2021 30-47(a) Sec.
31 October 1, 2021 20-333 Sec.
32 October 1, 2021 New section Statement of Legislative Commissioners:
In Sections 3(b)(2) and 4(a)(2), "with criminal history record information" was deleted for consistency with standard drafting conventions;
Section 4(b) was rewritten for accuracy and clarity;
in Section8(a), "andother state governing law"wasdeletedfor consistency with standard drafting conventions;
in Section 8(b), "at Central Connecticut State University" was added after "Policy" for accuracy and clarity;
Show all 500 changed rows (460 more)
View plain text versions (3)
- File No. 386 View text pdf
- Raised Bill View text Current pdf
- Substitute LAB Joint Favorable Substitute pdf
Action History
-
FILE NO. 386
-
HOUSE CALENDAR NUMBER 299
-
FAV. RPT., TABLED FOR HOUSE CALENDAR
-
RPTD. OUT OF LCO
-
REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/12/21
-
FILED WITH LCO
-
Joint Favorable Substitute
-
PUBLIC HEARING 0304
-
REF. TO JOINT COMM. ON Labor and Public Employees
Sponsors
- Christine Palm · Primary
- Michael A. Winkler · Primary
- Geraldo C. Reyes · Primary
- Susan M. Johnson · Primary
- Quentin W. Phipps · Primary
- Edwin Vargas · Primary
- Michael D'agostino · Primary
- Anne M. Hughes · Primary
- Julie Kushner · Primary
- John "jack" F. Hennessy · Primary
- Travis Simms · Primary
- David Michel · Primary
- Josh Elliott · Primary
- Frank Smith · Primary
Sponsorship breakdown
Export CSV (upgrade) →14 sponsors · 0 co-sponsors · 173 not signed on
Sponsors (14)
- Palm, Christine
- Winkler, Michael A.
- Geraldo C. Reyes Democratic
- Susan M. Johnson Democratic
- Phipps, Quentin W.
- Vargas, Edwin
- D'agostino, Michael
- Anne M. Hughes Democratic
- Julie Kushner Democratic
- Hennessy, John "jack" F.
- Travis Simms Democratic
- Michel, David
- Josh Elliott Democratic
- Frank Smith Democratic
Co-sponsors (0)
None.
Not signed on (173)
173 members have not signed on to this bill.
Show all 173 →"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.
Subjects
Frequently asked questions
- Who sponsors HB 6474?
- HB 6474 is sponsored by Palm, Christine, Winkler, Michael A., Geraldo C. Reyes (Democratic), Susan M. Johnson (Democratic), Phipps, Quentin W., Vargas, Edwin, D'agostino, Michael, Anne M. Hughes (Democratic), Julie Kushner (Democratic), Hennessy, John "jack" F., Travis Simms (Democratic), Michel, David, Josh Elliott (Democratic), and Frank Smith (Democratic).
- What is the current status of HB 6474?
- This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 6474?
- Track HB 6474 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on HB 6474
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of HB 6474
Last checked for changes 2 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →