AN ACT ESTABLISHING LICENSURE FOR MILLWRIGHT CONTRACTORS AND JOURNEYMEN.

This bill gives the consumer protection commissioner the same authority as trade licensing boards to impose penalties for license violations. Under current law, the penalties can only be imposed by the examining boards: (1) electrical work; (2) plumbing and piping work; (3) heating, piping, cooling and sheet metal work; (4) elevator installation, repair and maintenance work; (5) fire protection sprinkler systems work; and (6) automotive glass work and flat glass work.

The bill also creates occupational licenses for millwright contractors and journeymen and establishes the nine-member Large Industrial Trades Advisory Council within the Department of Consumer Protection (DCP). For millwrights, only the commissioner would have the authority to impose license penalties.

It defines “millwright work” as the unloading, dismantling, erecting, assembling, aligning, and adjusting of all apparatus, devices, and components of gas and steam turbine powertrains and equipment used in commercial, industrial, manufacturing, water or sewage treatment facilities or generation facilities, excluding (1) other DCP-licensed trade work, (2) all hoisting work except that powered by hand, (3) all pipes, valves, fittings, and any component of a piping system or electrical work, unless under the direction of person licensed to perform such work in accordance with regulations adopted under the bill. The bill's definition of millwright work excludes certain hositing work and it is unclear if the bill excludes crane operators, who are licensed by the Department of Public Safety's Examining Board for Crane Operators.

The bill exempts certain employees who do millwright work from its licensure requirements. It also requires implementing regulations.

*Senate Amendment “A” strikes the original bill and (1) authorizes the commissioner to impose penalties for license violations in any licensed trade, (2) makes the large industrial trades council an advisory body rather than a regulatory one, (3) adds more specifics and exceptions to the definition of millwright work, and (4) adds the provision requiring regulations.

EFFECTIVE DATE: October 1, 2006, except the requirement to adopt regulations is effective upon passage.

The bill gives the commissioner the authority to, after holding a hearing, impose license violation penalties on any person engaging in (1) one of the licensed trades or (2) millwright work that the bill requires to have a license. Under current law, penalties can only be imposed by the examining board established for each of the following occupations: (1) electrical work; (2) plumbing and piping work; (3) heating, piping, cooling and sheet metal work; (4) elevator installation, repair and maintenance work; (5) fire protection sprinkler systems work; and (6) automotive glass work and flat glass work.

By law, violations include (1) working without a license, (2) willfully employing or supplying for employment an unlicensed person, (3) willfully and falsely pretending to qualify for or practice such work, (4) working after the license expires, or (5) any other violation of the occupational licensing law.

The penalty can be up to $ 1,000 for the first violation, up to $ 1,500 for a second, and up to $ 3,000 for subsequent violations occurring less than three years after a second or subsequent violation. The bill makes another conforming change related to penalties.

The bill requires, in cases where the commissioner imposed a penalty as the result of a violation initially reported by a municipal official, the commissioner to remit one half of the penalty money to the municipality within 60 days.

The bill requires DCP, in consultation with the Large Industrial Trades Advisory Council, to authorize the issuance of limited millwright contractor and limited millwright journeymen licenses on or after January 1, 2007.

The bill requires successful applicants for contractor licenses to (1) have worked as millwright contractors for at least two years or (2) have been employed as millwright journeymen for at least two years. If their experience was gained in another state, the bill requires them to show that it is comparable to similar service in this state.

The bill requires successful applicants for journeymen licenses to (1) have successfully completed a bona fide apprenticeship program that includes at least four years of experience or (2) demonstrate competence to the commissioner by showing proof of at least 8,000 hours of employment in the trade during the previous five years.

The bill exempts from its licensure requirements employees of industrial firms whose main duties concern the maintenance of millwright work (1) of such firm on its own premises or on premises leased by it for its own use or (2) used directly in the production of a product for human consumption. It is unclear to whom these exemptions will apply.

The bill establishes the Large Industrial Trades Advisory Council within DCP to advise the DCP commissioner on all matters concerning the licensing and training of millwrights. The council consists of nine governor-appointed state residents as follows:

1. three industrial trade management representatives, two of whom must be members of the Connecticut Construction Industries Association;

2. three millwright journeymen who must be members of a carpenters' union; and

3. three public members.

The council must elect a chairperson and vice-chairperson from among its members. Any member who fails to attend at least 50% of meetings held during a calendar year or fails to attend three consecutive meetings must be deemed to have resigned from the council. The governor will appoint members to fill vacancies. Members serve without compensation but are, within available funds as approved by the commissioner, reimbursed for necessary expenses incurred in the performance of their duties.

The bill requires the commissioner to adopt regulations, by July 1, 2007, to establish the licenses and requisite training requirements as defined in the bill. The commission must adopt additional regulations as necessary permitting person licensed in other occupations to direct millwright work.

State law establishes a licensing system for several trades overseen by different licensing boards within DCP, including the Examining Board for Electrical Work and the Examining Board for Plumbing and Piping Work. They have the power to determine who qualifies for a license and to enforce standards by disciplining licensees. Boards may create limited licenses authorizing their holders to work in a specific area of a trade. Each trade has different levels of expertise: apprentice, journeyman, and contractor. Workers must meet education, training, and experience requirements to qualify for each level. The boards establish less extensive requirements for workers attempting to qualify for a limited license. DCP's duties to the boards include receiving complaints, carrying out investigations, and performing administrative tasks, such as physically issuing licenses and renewals.

On April 10 the House referred the bill (File 422) to the General Law Committee, which on April 18 reported a substitute version that alters the Large Industrial Trade Board membership so it is made up equally of trade representatives, labor representatives, and the public.

Yea

Nay

(03/21/2006)

Yea

Nay

(04/18/2006)