HB 6445 — AN ACT EXPANDING ECONOMIC OPPORTUNITY IN OCCUPATIONS LICENSED BY THE DEPARTMENT OF CONSUMER PROTECTION.
Last action — FILE NO. 342
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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
295 added · 158 removed295 line(s) added, 158 removed.
House of Representatives General Assembly Governor'sFile Bill No.
6445342 January Session, 2021 LCOSubstitute House Bill No.
32166445 ReferredHouse toof Representatives, April 8, 2021 The Committee on GENERALGeneral LAWLaw Introducedreported by:through REP.
RequestD'AGOSTINO of the Governor91st PursuantDist., toChairperson Jointof Rulethe 9Committee ANon ACTthe EXPANDINGpart ECONOMICof OPPORTUNITYthe INHouse, OCCUPATIONSthat LICENSEDthe BYsubstitute THEbill DEPARTMENTought OFto CONSUMERpass. PROTECTION.
AN ACT EXPANDING ECONOMIC OPPORTUNITY IN OCCUPATIONS LICENSED BY THE DEPARTMENT OF CONSUMER PROTECTION.
(NEW) (Effective October 1, 2021) (a) An occupational or professional license, permit, certification or registration issued by the Department of Consumer Protection shall be issued, in the occupation or profession applied for and at a practice level determined by the department, to a person who is (1) a resident of this statestate, as defined in section 12-701 of the general statutesstatutes, or who(2) is married to an active duty member of the armed forces of the United States and accompanies saidsuch member, pursuant to an official permanent change of station, to a military installation located in this statestate, if:if such person:
(1)(A) TheHolds person holds a valid license, permit, certification or registration in at least one other jurisdiction in the occupation or profession applied for;
(2)(B) TheHas person has practiced under such license, permit, certification or registration for not less than onefour year;years;
LCOsHB6445 / File No.
3216342 1 ofsHB6445 6File Governor'sNo. Bill No.6445 (3) The person is in good standing in all jurisdictions in which he or she holds a license, permit, certification or registration and has not had a license, permit, certification or registration revoked or discipline imposed by any jurisdiction, does not have a complaint, allegation or investigation related to unprofessional conduct pending in any jurisdiction, and has not voluntarily surrendered a license, permit, certificationor registrationwhileunder investigationfor unprofessional conduct in any jurisdiction;
(4)Thepersonsatisfiesanybackgroundcheckorcharacterandfitness342 check(C) requiredIs ofin othergood applicantsstanding forin theall jurisdictions in which he or she holds a license, permit, certification or registration;registration and has not had a license, permit, certification or registration revoked or discipline imposed by any jurisdiction, does not have a complaint, allegation or investigation related to unprofessional conduct pending in any jurisdiction and has not voluntarily surrendered a license, permit, certification or registrationwhileunderinvestigationforunprofessionalconduct inany jurisdiction;
and(D) (5)Satisfies Theany personbackground payscheck allor feescharacter and fitness check required of other applicants for the license, permit, certification or registration.registration;
(b)(E) InPays addition to the requirements set forth in subsection (a) of this section, the Department of Consumer Protection shall require a person to take and pass all orfees a portion of any examination required of other personsapplicants applying for the license, permit, certification or registrationregistration; unless the person has taken an exam acceptable to the department or there is a reciprocal arrangement with the jurisdiction in which the person is currently credentialed.
(c)and Any(F) personTakes issuedand apasses license,all permit, certification or registrationa pursuantportion toof thisany sectionexamination shallrequired be subject to the laws of thisother statepersons andapplying thefor jurisdiction of the Departmentlicense, ofpermit, Consumercertification Protection.or registration.
(d)(b) NotwithstandingAny theperson provisionsissued ofa thislicense, section,permit, thecertification Commissioneror ofregistration Consumerpursuant Protectionto maythis denysection anshall occupationalbe orsubject professionalto license,the permit,laws certificationof orthis registrationstate ifand hethe orjurisdiction sheof finds such denial is in the bestDepartment interest of theConsumer state.Protection.
(e)(c) ANotwithstanding personthe applyingother forprovisions aof license,this permit,section, certificationthe orCommissioner registrationof thatConsumer isProtection notmay requireddeny to practice an occupationoccupational or professionprofessional inlicense, atpermit, leastcertification twenty-fiveor statesregistration whoif relocatesthe tocommissioner thisfinds statesuch fromdenial anotheris statein thatthe didbest notinterest requireof athe license,state. permit, certification or registration to LCO No.
3216(d) 2A ofperson 6applying Governor'sfor Billa No6445license, practicepermit, thecertification person'sor registration that is not required to practice an occupation or profession mayin beat consideredleast totwenty-five havestates satisfiedwho therelocates conditionsto ofthis subdivisionsstate (1)from andanother (2)state ofthat subsectiondid (a)not ofrequire thisa sectionlicense, ifpermit, hecertification or sheregistration establishes to practice the satisfactionperson's ofoccupation theor Departmentprofession ofmay Consumerbe Protectionconsidered thatto hehave orsatisfied shethe hasconditions threeof orsubparagraphs more(A) yearsand (B) of relatedsubdivision work(2) experienceof withsubsection a(a) substantiallyof similarthis scopesection ofif practicehe withinor theshe fourestablishes yearsto precedingthesatisfactionof thetheDepartment dateofConsumer ofProtectionthat applicationheor toshe suchsHB6445 department./ File No.
342 2 sHB6445 File No.
342 has three or more years of related work experience with a substantially similar scope of practice within the four years preceding the date of application to said department.
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 LCOsubdivision No.(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.
3216Any 3such ofapplication 6fee Governor'sshall Billbe No6445waived subdivisionfor (1)persons ofwho subsectionpresent (a),a subdivisionsrecommendation (1)for andreview (2)issued ofsHB6445 subsection/ (b),File subdivisionNo. (1) of subsection (c) and subdivisions (1), (2) and (3) of subsection (e) of section 20-334a.
Any342 such3 applicationsHB6445 feeFile shallNo. be waived for persons who present a recommendation for review issued pursuant to section 31-22u.
342 pursuant to section 31-22u.
(c) The Commissioner of Consumer Protection, subject to section 46a- 80, may deny a license or may issuealicense pursuant to aconsent 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 constitutes a felony under (1) the laws of this state at the time of application for such license, (2) federal law at the time of application for such license, or (3) the laws of another jurisdiction, and LCOwhich, No.if committed within this state, would constitute a felony under the laws of this state.
3216[(c)] 4(d) ofWhen 6an Governor'sapplicant Billhas qualified for a license, the department sHB6445 / File No.
6445342 which,4 ifsHB6445 committedFile withinNo. this state, would constitute a felony under the laws of this state.
[(c)]342 (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.
(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, withinnot ninetylater days,than January 1, 2022, report to the Secretary of the Office of Policy and Management on (1) the number of employees thatwho perform background checks related to the Agency'sdepartment's or office'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, and (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.
3 October 1, 2021 New section LCOStatement No.of Legislative Commissioners:
3216Section 51(a) ofwas 6reorganized Governor'sfor Billclarity. No.
6445sHB6445 Statement/ ofFile Purpose:No.
To342 implement5 thesHB6445 Governor'sFile budgetNo. recommendations.
[Proposed342 deletionsGL areJoint enclosedFavorable inSubst. brackets.
ProposedsHB6445 additions/ areFile indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.
3216342 6 ofsHB6445 6File No.
342 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 22 $ FY 23 $ Resources of the General Fund GF - Potential See Below See Below Revenue Gain Note:
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GF=General Fund Municipal Impact:
None Explanation Sections 1-2 expand the opportunity for occupations licensed by the Department of Consumer Protection (DCP) and results in a potential revenue gain to the state to the extent additional licenses are applied for.
The state charges various application and renewal fees for the occupations licensed by DCP.
Section 3 requires various agencies to report to the Office of Policy and Management regarding background checks resulting in no fiscal impact to the state because the agencies have the expertise to meet the reporting requirements.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the number of license applications and renewals.
sHB6445 / File No.
342 7 sHB6445 File No.
342 OLR Bill Analysis sHB 6445 AN ACT EXPANDING ECONOMIC OPPORTUNITY IN OCCUPATIONS LICENSED BY THE DEPARTMENT OF CONSUMER PROTECTION.
SUMMARY This bill generally makes it easier for tradespeople credentialed in other states to obtain a Connecticut credential if they reside here.
It does so by generally requiring the Department of Consumer Protection (DCP) to issue the appropriate license or other credential to a state resident, or a spouse of an active duty service member permanently stationed here, if that person meets specified requirements (e.g., has practiced under a valid credential in another jurisdiction for at least four years, passes an examination, and has no disciplinary history).
It allows the DCP commissioner to deny a credential if she finds the denial to be in the state’s best interest.
The bill specifies that, for certain professions, the DCP commissioner may deny a license, or issue one under a consent order with conditions that an applicant must meet, if the applicant reports that he or she has been found guilty or convicted of what constitutes a felony under Connecticut or federal law at the time of the application, or the laws of another jurisdiction that would be a felony under Connecticut law (see BACKGROUND).Thisauthorityappliesto electricians;plumbers;solar, heating, piping, and cooling contractors and journeymen;
elevator and fire protection sprinkler craftsmen;
irrigation contractors and journeymen;
gas hearth installer contractors and journeymen;
and residential stair lift technicians.
The bill also eliminates a requirement that applicants for these licenses demonstrate good moral character.
By January 1, 2022, the bill requires various state agencies to report to the Office of Policy and Management (OPM) secretary on certain sHB6445 / File No.
342 8 sHB6445 File No.
342 information related to background checks.
EFFECTIVE DATE:
October 1, 2021 DCP CREDENTIALING The bill generally requires DCP to issue an occupational or professional license, permit, certification, or registration (hereinafter, “credential”)to a personwho isastate resident for income tax purposes, or an accompanying spouse of an active duty service member permanently stationed here, if that person:
1.
holds a valid credential in the applicable occupation or profession in at least one other jurisdiction and has practiced under that credential for at least four years;
2.
isingoodstandinginalljurisdictionswherecredentialedandhas no disciplinary history (including credential revocation or other discipline;
pending complaints, allegations, or investigations related to unprofessional conduct;
or voluntary surrender of a credential during an investigation);
3.
satisfies any background, character, or fitness check required of other applicants;
4.
pays any credentialing fees required of other applicants;
and 5.
takes and passes all or a portion of any examination required of others applying for the credential.
The bill creates an exception to the first requirement (holding a credential and practicing under it for at least four years) for certain applicants relocating from states that do not require a credential to practice the occupation or profession.
The bill deems these applicants as satisfying this requirement if (1) at least 25 states do not require the credential and (2) the applicant establishes to DCP’s satisfaction that he or she has three or more years of related work experience with a substantially similar scope of practice within the four years preceding the application date.
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342 9 sHB6445 File No.
342 The bill specifies that anyone issued a credential under these provisions is subject to Connecticut law and DCP jurisdiction.
It also allows the DCP commissioner to deny an application if she finds it to be in the state’s best interest.
AGENCY REPORTING By January 1, 2022, the bill requires the departments of Administrative Services, Agriculture, Consumer Protection, Correction, Emergency Services and Public Protection, Labor, and Public Health, and the Office of Early Childhood, to report to the OPM secretary on certain information related to background checks.
The report must include:
1.
the number of employees who perform background checks related to the department’s or office’s licensing functions, their job classifications, and the background checks’ type or level of clearance;
2.
the average number of hours these employees spend weekly performing background checks;
and 3.
for any licenses requiring some pre-licensure education or training, the feasibility of assessing criminal history to preclear potential applicants before they begin the education or training.
The recommendations must also (1) assess the feasibility of centralizing and standardizing background checks state agencies perform and (2) address any related issues of these agencies delegating authority.
BACKGROUND Related Bill HB 6449 (File 203), reported favorably by the Public Health Committee, makes similar changes for health care professionals.
sHB 6474, § 32, reported favorably by the Labor and Public Employees Committee, requires the agencies to make the same report and recommendations.
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342 Felony Conviction and Credentials With limited exceptions, the law prohibits the state from disqualifying a person from engaging in an occupation, profession, or business that requires a state credential solely because of a prior criminal conviction (CGS § 46a-80).
State agencies may deny someone a credential to practice an occupation, trade, profession or business, after considering (1) the nature of the crime and its relationship to the job;
(2) information pertainingtothedegreeoftheperson’srehabilitation;and(3)howmuch time has passed since the person’s conviction or release.
COMMITTEE ACTION General Law Committee Joint Favorable Substitute Yea 15 Nay 3 (03/23/2021) sHB6445 / File No.
342 11
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View plain text versions (3)
- File No. 342 View text pdf
- Governor's Bill View text Current pdf
- Substitute GL Joint Favorable Substitute pdf
Action History
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FILE NO. 342
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HOUSE CALENDAR NUMBER 258
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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 04/07/21
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FILED WITH LCO
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Joint Favorable Substitute
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PUBLIC HEARING 0223
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REF. TO JOINT COMM. ON General Law
Sponsors
- Robin E. Comey · Primary
- Kevin D. Witkos · Primary
- Mitch Bolinsky · Primary
- Kerry S. Wood · Primary
- Lucy Dathan · Primary
- Patrick S. Boyd · Primary
- Jill Barry · Primary
Sponsorship breakdown
Export CSV (upgrade) →7 sponsors · 0 co-sponsors · 180 not signed on
Sponsors (7)
- Robin E. Comey Democratic
- Witkos, Kevin D.
- Mitch Bolinsky Republican
- Kerry S. Wood Democratic
- Lucy Dathan Democratic
- Patrick S. Boyd Democratic
- Jill Barry Democratic
Co-sponsors (0)
None.
Not signed on (180)
180 members have not signed on to this bill.
Show all 180 →"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 6445?
- HB 6445 is sponsored by Robin E. Comey (Democratic), Witkos, Kevin D., Mitch Bolinsky (Republican), Kerry S. Wood (Democratic), Lucy Dathan (Democratic), Patrick S. Boyd (Democratic), and Jill Barry (Democratic).
- What is the current status of HB 6445?
- 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 6445?
- Track HB 6445 free on One Click Politics — get push/email alerts when it moves.
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