Substitute House Bill No. 6630
          Substitute House Bill No. 6630

              PUBLIC ACT NO. 97-263


AN ACT IMPLEMENTING  THE  RECOMMENDATIONS  OF  THE
PROGRAM   REVIEW  AND   INVESTIGATIONS   COMMITTEE
CONCERNING STATE SUPPORTED  JOB  TRAINING PROGRAMS
AND INCREASING PENALTIES FOR VIOLATIONS OF CERTAIN
LABOR LAWS.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1.  Section   31-3h  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  There  is   created,   within  the  Labor
Department,   the   Connecticut   Employment   and
Training Commission.
    (b) The duties  and  responsibilities  of  the
commission shall include:  (1)  Carrying  out  the
duties  and  responsibilities   of   a  state  job
training  coordinating  council  pursuant  to  the
federal Job Training Partnership Act, 29 USC 1532,
as  amended, a  state  human  resource  investment
council  pursuant to  29  USC  1501  et  seq.,  as
amended, and such  other  related  entities as the
Governor may direct;  (2) reviewing all employment
and training programs  in  the  state to determine
their success in leading to and obtaining the goal
of economic self-sufficiency  and  to determine if
they  are  serving   the  needs  of  Connecticut's
workers,   employers  and   economy,   [and]   (3)
developing a plan  for  the  coordination  of  all
employment and training  programs  in the state to
avoid duplication and  to  promote the delivery of
comprehensive,   individualized   employment   and
training  services. The  plan  shall  contain  the
commission's  recommendations  for   policies  and
procedures  to  enhance   the   coordination   and
collaboration of all  such  programs  and shall be
submitted to the  Governor  for  his  approval not
later than June  1,  1990, and annually thereafter
AND (4) REVIEWING AND COMMENTING ON ALL EMPLOYMENT
AND  TRAINING  PROGRAMS  ENACTED  BY  THE  GENERAL
ASSEMBLY.
    (c)  On  or   before  January  31,  1990,  and
annually  thereafter, the  Connecticut  Employment
and  Training  Commission   shall  submit  to  the
Governor and the  joint standing committees of the
General  Assembly  having  cognizance  of  matters
relating to employment  and  training  a report on
the progress made  by  the  commission in carrying
out its duties  and  responsibilities  during  the
preceding  year and  the  commission's  goals  and
objectives for the current year.
    Sec. 2. Section  31-3i of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) The members  of the Connecticut Employment
and Training Commission  shall be appointed by the
Governor. [and shall serve at his pleasure.]
    (b)  The  commission  shall  consist  of  [the
following  members:  Thirty   per   cent  of  the]
TWENTY-FOUR  members, A  MAJORITY  OF  WHOM  shall
represent  business  and  industry.  [,  including
representatives  of  business   and   industry  on
private industry councils in the state; thirty per
cent] THE REMAINING  MEMBERS shall represent state
and  local governments;  [thirty  per  cent  shall
represent]   organized   labor;    EDUCATION   and
community based organizations,  [and  ten per cent
shall represent the  general  public]  INCLUDING A
REPRESENTATIVE OF A  COMMUNITY  ACTION  AGENCY, AS
DEFINED IN SECTION  17b-885.  THE BOARD SHALL MEET
NO LESS THAN ONCE EVERY CALENDAR QUARTER.
    Sec. 3. (NEW)  On  or  before October 1, 1998,
and   annually   thereafter,    the    Connecticut
Employment and Training Commission shall submit to
the Office of  Policy and Management and the joint
standing committees of the General Assembly having
cognizance of matters  relating  to employment and
training a report card of each program emphasizing
employment placement included  in the commission's
annual inventory. The  report  card  shall,  at  a
minimum,  identify  for  each  program  the  cost,
number of individuals entering the program, number
of  individuals  satisfactorily   completing   the
program  and the  employment  placement  rates  of
those individuals at  thirteen and twenty-six-week
intervals following completion of the program or a
statement as to why such measure is not relevant.
    Sec. 4. (NEW)  The  Connecticut Employment and
Training  Commission,  in   cooperation  with  the
Permanent Commission on  the  Status  of Women and
the Commission on  Human Rights and Opportunities,
shall regularly collect  and analyze data on state
supported  training  programs   that  measure  the
presence of gender  or  other  systematic bias and
work with the  relevant  boards  and  agencies  to
correct any problems that are found.
    Sec. 5. (NEW)  The  Connecticut Employment and
Training  Commission,  in  consultation  with  the
Labor Department, the  Department  of Economic and
Community Development and  the  regional workforce
development boards, shall  recommend to the Office
of Policy and  Management  and  the joint standing
committee   of   the   General   Assembly   having
cognizance of matters  relating to appropriations,
budget targets for  assisting state employers with
their training needs.
    Sec. 6. Section 20-341 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) Any person who engages in or practices the
work or occupation for which a license is required
by this chapter  without  having first obtained an
apprentice permit or a certificate and license for
such work, or who wilfully employs or supplies for
employment  a  person   who   does   not   have  a
certificate  and license  for  such  work  or  who
wilfully and falsely pretends to qualify to engage
in or practice  such  work  or  occupation, or who
engages  in  or  practices  any  of  the  work  or
occupations for which  a  license  is  required by
this chapter after  the expiration of his license,
or  who  violates  any  other  provision  of  this
chapter,   unless   the   penalty   is   otherwise
specifically prescribed, shall  be  fined not more
than  [one] TWO  hundred  dollars  for  each  such
violation.
    (b) The appropriate examining board may, after
notice and hearing,  impose a civil penalty on any
person who engages  in  or  practices  the work or
occupation  for  which  a  license  or  apprentice
registration  certificate  is   required  by  this
chapter  without  having  first  obtained  such  a
certificate or license, or who wilfully employs or
supplies for employment a person who does not have
such a license  or certificate or who wilfully and
falsely  pretends  to  qualify  to  engage  in  or
practice such work  or  occupation, or who engages
in or practices any of the work or occupations for
which a license or certificate is required by this
chapter after the  expiration  of  his  license or
certificate or who  violates any of the provisions
of  this  chapter   or   the  regulations  adopted
pursuant thereto. Such  penalty  shall  be  in  an
amount not more  than  [five hundred] ONE THOUSAND
dollars for a  first violation of this subsection,
not more than  [seven  hundred fifty] ONE THOUSAND
FIVE HUNDRED dollars  for  a  second violation and
not more than  [one  thousand  five hundred] THREE
THOUSAND  dollars  for   each  violation  of  this
subsection occurring less than three years after a
second or subsequent violation of this subsection,
except  that  any   individual   employed   as  an
apprentice but improperly  registered shall not be
penalized for a first offense.
    (c) IF AN  EXAMINING  BOARD  IMPOSES A FINE OR
CIVIL PENALTY UNDER THE PROVISIONS OF THIS SECTION
AS A RESULT OF A VIOLATION INITIALLY REPORTED BY A
MUNICIPAL OFFICIAL, THE  COMMISSIONER  SHALL,  NOT
LESS THAN SIXTY DAYS AFTER COLLECTING SUCH FINE OR
PENALTY, REMIT ONE-HALF OF THE AMOUNT COLLECTED TO
SUCH MUNICIPALITY.
    Sec. 7. Section  31-15 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    Any person who wilfully employs, or has in his
employment or under  his  charge,  any  person  in
violation of section  31-14  and  who  permits any
such person to  be  so employed shall be fined not
more  than [twenty-five]  FIFTY  dollars  for  the
first offense and be fined not more than [one] TWO
hundred dollars or imprisoned not more than thirty
days  or both  for  any  subsequent  offense.  Any
parent or guardian  who  permits  any  minor to be
employed in violation  of  section 31-12, 31-13 or
31-14 shall be  fined  not more than [twenty-five]
FIFTY dollars for  each  offense. A certificate of
the age of  a  minor  made  as provided in section
10-193 shall be  conclusive  evidence  of  his age
upon the trial of any person other than the parent
or guardian for violation of any provision of said
section 31-12, 31-13  or  31-14.  Nothing  in this
chapter shall affect  the  provisions  of  section
10-184.
    Sec. 8. Section  31-16 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    No person under  the  age  of  eighteen  years
shall be employed  by  any  telegraph or messenger
company, in cities  having  a population of twenty
thousand  or  over,  to  distribute,  transmit  or
deliver goods or messages between the hours of ten
o'clock at night  and five o'clock in the morning.
The manager of  the  office of any corporation who
violates any provision  of  this  section shall be
fined not more  than  [twenty]  FIFTY  dollars for
each day of  such  employment.  The  provisions of
this section shall  not apply to persons under the
age  of  eighteen   who   have  graduated  from  a
secondary educational institution.
    Sec. 9. Section  31-18 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    No  public  restaurant,   cafe,  dining  room,
barber    shop,   hairdressing    or    manicuring
establishment,    amusement    or     recreational
establishment,    bowling   alley,    shoe-shining
establishment, billiard or pool room or photograph
gallery shall employ  or  permit to work any minor
under eighteen years  of  age,  except  minors who
have  graduated  from   a   secondary  educational
institution, between the  hours  of ten o'clock in
the evening and six o'clock in the morning, or any
of the persons  described  below  under conditions
herein set forth  more than nine hours in any day:
(1)  Persons sixty-six  years  of  age  or  older,
except  with  their   consent;   (2)   handicapped
persons, so designated  by medical or governmental
authority, except with  their  consent  and  after
certification by a  physician  that  the  extended
hours of work  will  not  be  injurious  to  their
health; (3) disabled  veterans,  as  defined under
state or federal  law,  except  with their consent
and after certification  by  a  physician that the
extended hours of  work  will  not be injurious to
their health; provided  any  such  person  may  be
permitted to work  in  any  such establishment one
day in a  week for not more than ten hours on such
day, but not  more  than  six  days or forty-eight
hours  in any  one  week,  and  provided  further,
minors between sixteen  and  eighteen years of age
may be employed  in any restaurant, cafe or dining
room,  or employed  as  ushers  in  any  nonprofit
theater until twelve  o'clock midnight unless such
minors are regularly  attending  school  in  which
case such minors  may  be  employed  until  eleven
o'clock in the  evening  on  days  which precede a
regularly scheduled school  day  and  until twelve
o'clock  midnight  during   any   regular   school
vacation season and on days which do not precede a
regularly scheduled school day. The hours of labor
of such persons  shall  be conspicuously posted in
such establishment in  such form and manner as the
Labor Commissioner determines.  The  provisions of
this section shall  not  affect hotels. Any person
who violates any  provision  of this section shall
be fined not  more  than [one] TWO hundred dollars
for each offense.
    Sec. 10. Subsection  (e)  of  section 31-23 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (e) Any person,  whether acting for himself or
as an agent for another, who employs or authorizes
or permits to  be  employed any minor in violation
of this section shall be fined not more than [one]
TWO hundred dollars.
    Sec. 11. Section 31-24 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    Except  in  state  vocational  schools  or  in
public schools teaching  manual training, no child
under sixteen years  of  age  shall be employed or
permitted to work  in  adjusting  or  assisting in
adjusting any belt  upon any machine, or in oiling
or  assisting  in   oiling,   wiping  or  cleaning
machinery,  while  power   is   attached,   or  in
preparing any composition in which dangerous acids
are used, or  in  soldering, or in the manufacture
or packing of  paints,  dry colors or red or white
lead, or in the manufacture, packing or storing of
gun or blasting  powder,  dynamite, nitroglycerine
compounds, safety fuses  in the raw or unvarnished
state, electric fuses for blasting purposes or any
other explosive, or  in  the manufacture or use of
any  dangerous  or   poisonous   gas  or  dye,  or
composition of lye  in  which the quantity thereof
is injurious to  health,  or upon any scaffolding,
or in any  heavy  work in any building trade or in
any tunnel, mine  or  quarry,  or  in operating or
assisting to operate  any  emery, stone or buffing
wheel;  and,  except   as  otherwise  provided  in
subsection (b) of  section  31-23,  no child under
sixteen  years  of   age   shall  be  employed  or
permitted to work  in  any capacity requiring such
child to stand  continuously.  Any person, whether
acting for himself  or  as  agent for another, who
employs or authorizes  or  permits  to be employed
any child in violation of any of the provisions of
this section shall  be  fined  not more than [one]
TWO hundred dollars.
    Sec. 12. Section 31-25 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    No person under  sixteen years of age shall be
employed or permitted  to  have the care, custody,
operation  or  management   of  an  elevator;  any
person, partnership or  corporation violating this
provision   shall   be   fined   not   more   than
[twenty-five] FIFTY dollars  for  each offense. No
person  under  eighteen  years  of  age  shall  be
employed or permitted  to  have the care, custody,
management or operation of an elevator, either for
freight or passengers,  running at a speed of over
two hundred feet  per  minute; any person, whether
acting for himself  or  as  agent for another, who
authorizes or permits the employment of any person
in violation of  this provision shall be fined not
more than [one] TWO hundred dollars.
    Sec. 13. Subsection  (a)  of  section 31-52 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) In the  employment  of mechanics, laborers
and workmen in  the  construction,  remodeling  or
repairing of any  public building, by the state or
any  of  its  agents  or  by  persons  contracting
therewith, preference shall  be  given to citizens
of the state,  and,  if they cannot be obtained in
sufficient numbers, then to citizens of the United
States. Any contractor  who knowingly and wilfully
employs any person  in  violation of any provision
of  this  subsection  shall  be  fined  [one]  TWO
hundred dollars for  each  week  or  fraction of a
week each such person is so employed.
    Sec. 14. Section 31-53 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a)  Each  contract   for   the  construction,
remodeling,       refinishing,       refurbishing,
rehabilitation, alteration or repair of any public
works project by  the  state or any of its agents,
or by any  political  subdivision  of the state or
any of its  agents,  shall  contain  the following
provision: "The wages  paid  on an hourly basis to
any mechanic, laborer or workman employed upon the
work herein contracted  to  be done and the amount
of payment or  contribution  paid  or  payable  on
behalf  of each  such  employee  to  any  employee
welfare fund, as defined in subsection (h) of this
section, shall be  at  a  rate  equal  to the rate
customary or prevailing  for  the same work in the
same trade or occupation in the town in which such
public works project  is  being  constructed.  Any
contractor who is  not  obligated  by agreement to
make payment or  contribution  on  behalf  of such
employees to any  such employee welfare fund shall
pay to each  employee  as  part  of  his wages the
amount  of  payment   or   contribution   for  his
classification on each pay day."
    (b)  Any  person  who  knowingly  or  wilfully
employs any mechanic,  laborer  or  workman in the
construction,       remodeling,       refinishing,
refurbishing, rehabilitation, alteration or repair
of any public  works  project  for or on behalf of
the state or  any  of its agents, or any political
subdivision of the  state or any of its agents, at
a rate of  wage  on  an hourly basis which is less
than the rate customary or prevailing for the same
work in the  same  trade or occupation in the town
in  which  such  public  works  project  is  being
constructed,  remodeled, refinished,  refurbished,
rehabilitated, altered or  repaired,  or who fails
to pay the amount of payment or contributions paid
or payable on  behalf of each such employee to any
employee welfare fund,  or  in lieu thereof to the
employee, as provided  by subsection (a), shall be
fined not less  than  two  thousand  five  hundred
dollars but not  more  than  five thousand dollars
for each offense  AND (1) FOR THE FIRST VIOLATION,
SHALL BE DISQUALIFIED  FROM  BIDDING  ON CONTRACTS
WITH THE STATE  OR ANY POLITICAL SUBDIVISION UNTIL
THE  CONTRACTOR OR  SUBCONTRACTOR  HAS  MADE  FULL
RESTITUTION OF THE BACK WAGES OWED TO SUCH PERSONS
AND FOR AN  ADDITIONAL  SIX  MONTHS THEREAFTER AND
(2)   FOR   SUBSEQUENT    VIOLATIONS,   SHALL   BE
DISQUALIFIED FROM BIDDING  ON  CONTRACTS  WITH THE
STATE  OR  ANY  POLITICAL  SUBDIVISION  UNTIL  THE
CONTRACTOR   OR  SUBCONTRACTOR   HAS   MADE   FULL
RESTITUTION OF THE BACK WAGES OWED TO SUCH PERSONS
AND FOR NOT  LESS  THAN  AN  ADDITIONAL  TWO YEARS
THEREAFTER. In addition,  if  it  is  found by the
contracting  officer  representing  the  state  or
political subdivision thereof  that  any mechanic,
laborer or workman  employed  by the contractor or
any subcontractor directly  on  the  site  for the
work covered by  the contract has been or is being
paid a rate  of  wages less than the rate of wages
required by the contract to be paid as required by
this section, the  state  or contracting political
subdivision thereof may  [,] (A) by written notice
to  the contractor,  terminate  such  contractor's
right to proceed with the work or such part of the
work as to  which  there has been a failure to pay
said required wages  and  to prosecute the work to
completion  by  contract  or  otherwise,  and  the
contractor and his sureties shall be liable to the
state or the contracting political subdivision for
any  excess costs  occasioned  the  state  or  the
contracting political subdivision  thereby  OR (B)
WITHHOLD PAYMENT OF  MONEY  TO  THE  CONTRACTOR OR
SUBCONTRACTOR. The contracting  department  of the
state or the  political  subdivision thereof shall
within two days  after  taking  such action notify
the Labor Commissioner  in  writing of the name of
the  contractor  or   subcontractor,  the  project
involved, the location of the work, the violations
involved, the date  the  contract  was terminated,
and steps taken to collect the required wages.
    (c) The Labor  Commissioner may make complaint
to  the proper  prosecuting  authorities  for  the
violation of any provision of subsection (b).
    (d)  For the  purpose  of  predetermining  the
prevailing rate of wage on an hourly basis and the
amount of payment or contributions paid or payable
on behalf of each employee to any employee welfare
fund, as defined  in  subsection (h), in each town
where such contract  is to be performed, the Labor
Commissioner  shall (1)  hold  a  hearing  at  any
required time to  determine the prevailing rate of
wages on an hourly basis and the amount of payment
or contributions paid or payable on behalf of each
[employee] PERSON to any employee welfare fund, as
defined in subsection  (h),  upon  any public work
within any specified  area,  and  shall  establish
classifications   of  skilled,   semiskilled   and
ordinary  labor,  or   (2)   adopt  and  use  such
appropriate and applicable  prevailing  wage  rate
determinations as have  been made by the Secretary
of Labor of the United States under the provisions
of the Davis-Bacon Act, as amended.
    (e) The Labor Commissioner shall determine the
prevailing rate of  wages  on  an hourly basis and
the amount of  payment  or  contributions  paid or
payable on behalf of such employee to any employee
welfare fund, as  defined  in  subsection  (h), in
each locality where  any such public work is to be
constructed, and the  agent  empowered to let such
contract shall contact  the Labor Commissioner, at
least ten but  not  more than twenty days prior to
the date such  contracts  will  be  advertised for
bid, to ascertain  the  proper  rate  of wages and
amount  of  employee   welfare  fund  payments  or
contributions and shall  include such rate of wage
on an hourly  basis  and  the amount of payment or
contributions paid or  payable  on  behalf of each
employee to any  employee welfare fund, as defined
in subsection (h),  or  in lieu thereof the amount
to be paid  directly  to  each  employee  for such
payment or contributions as provided in subsection
(a)  for  all  classifications  of  labor  in  the
proposal for the  contract. The rate of wage on an
hourly  basis  and   the   amount  of  payment  or
contributions to any  employee  welfare  fund,  as
defined  in  subsection   (h),  or  cash  in  lieu
thereof, as provided  in subsection (a), shall, at
all times, be  considered  as the minimum rate for
the classification for  which  it was established.
Prior to the  award of any contract subject to the
provisions  of  this  section,  such  agent  shall
certify in writing  to  the Labor Commissioner the
total  dollar  amount   of  work  to  be  done  in
connection  with  such   public   works   project,
regardless of whether such project consists of one
or more contracts.  Upon the award of any contract
subject to the  provisions  of  this  section, the
contractor to whom  such contract is awarded shall
certify, under oath, to the Labor Commissioner the
pay scale to be used by such contractor and any of
his subcontractors for  work to be performed under
such contract.
    (f) Each employer subject to the provisions of
this  section or  section  31-54,  AS  AMENDED  BY
SECTION 17 OF  THIS  ACT, shall (1) keep, maintain
and preserve such  records  relating  to the wages
and hours worked  by  each employee and a schedule
of the occupation  or work classification at which
each mechanic, laborer  or  workman on the project
is employed during  each work day and week in such
manner  and  form   as   the   Labor  Commissioner
establishes to assure  the  proper payments due to
such employees or  employee  welfare  funds  under
this  section or  section  31-54,  AS  AMENDED  BY
SECTION 17 OF  THIS  ACT,  and (2) submit [weekly]
MONTHLY  to the  contracting  agency  a  certified
payroll which shall  consist of a complete copy of
such records accompanied  by a statement signed by
the employer which indicates that (A) such records
are correct; (B)  the  rate  of wages paid to each
mechanic, laborer or  workman  and  the  amount of
payment or contributions paid or payable on behalf
of each such  employee  to  any  employee  welfare
fund,  as  defined   in  subsection  (h)  of  this
section, are not  less than the prevailing rate of
wages and the  amount  of payment or contributions
paid or payable on behalf of each such employee to
any employee welfare  fund,  as  determined by the
Labor Commissioner pursuant  to  subsection (d) of
this section, and  not less than those required by
the contract to  be  paid;  (C)  the  employer has
complied with the  provisions  of this section and
section 31-54, AS  AMENDED  BY  SECTION 17 OF THIS
ACT;  (D) each  such  employee  is  covered  by  a
workers'  compensation insurance  policy  for  the
duration  of  his   employment,   which  shall  be
demonstrated  by  submitting  to  the  contracting
agency  the  name  of  the  workers'  compensation
insurance carrier covering each such employee, the
effective and expiration  dates of each policy and
each policy number;  (E)  the  employer  does  not
receive kickbacks, as  defined  in 41 USC 52, from
any employee or  employee  welfare  fund;  and (F)
pursuant to the  provisions  of  section 53a-157a,
the employer is  aware  that  filing  a  certified
payroll which he  knows  to  be false is a class D
felony for which  the  employer may be fined up to
five thousand dollars,  imprisoned  for up to five
years,  or both.  This  subsection  shall  not  be
construed to prohibit  a  general  contractor from
relying  on the  certification  of  a  lower  tier
subcontractor,  provided  the  general  contractor
shall  not be  exempted  from  the  provisions  of
section 53a-157a if  he  knowingly  relies  upon a
subcontractor's        false        certification.
Notwithstanding the provisions  of  section  1-19,
the certified payroll shall be considered a public
record and every  person  shall  have the right to
inspect and copy  such  records in accordance with
the provisions of  section 1-15. The provisions of
sections 31-59(a), 31-59(b),  31-66  and 31-69, AS
AMENDED BY SECTION  18  OF THIS ACT, which are not
inconsistent with the  provisions  of this section
or section 31-54, AS AMENDED BY SECTION 17 OF THIS
ACT, shall apply  to this section. FAILING TO FILE
A CERTIFIED PAYROLL PURSUANT TO SUBDIVISION (2) OF
THIS SUBSECTION IS  A CLASS D FELONY FOR WHICH THE
EMPLOYER MAY BE FINED UP TO FIVE THOUSAND DOLLARS,
IMPRISONED FOR UP TO FIVE YEARS, OR BOTH.
    (g) The provisions  of  this section shall not
apply where the  total  cost  of  all  work  to be
performed by all contractors and subcontractors in
connection with new  construction  of  any  public
works project is  less  than four hundred thousand
dollars or where  the total cost of all work to be
performed by all contractors and subcontractors in
connection  with  any   remodeling,   refinishing,
refurbishing, rehabilitation, alteration or repair
of any public  works  project  is  less  than  one
hundred thousand dollars.
    (h) As used in this section, section 31-54, AS
AMENDED BY SECTION  17  OF  THIS  ACT, and section
31-89a, "employee welfare  fund"  means  any trust
fund established by  one or more employers and one
or more labor  organizations  OR ONE OR MORE OTHER
THIRD PARTIES NOT AFFILIATED WITH THE EMPLOYERS to
provide from moneys  in  the fund, whether through
the purchase of  insurance or annuity contracts or
otherwise,  benefits  under  an  employee  welfare
plan; provided such  term  shall  not  include any
such  fund  where  the  trustee,  or  all  of  the
trustees,  are  subject   to  supervision  by  the
Commissioner of Banking of this state or any other
state or the  Comptroller  of  the Currency of the
United States or  the  Board  of  Governors of the
Federal Reserve System,  and  "benefits  under  an
employee welfare plan"  means one or more benefits
or  services  under   any   plan   established  or
maintained  for employees  or  their  families  or
dependents,  or  for   both,  including,  but  not
limited to, medical,  surgical  or  hospital  care
benefits;  benefits  in  the  event  of  sickness,
accident, disability or  death;  benefits  in  the
event of unemployment, or retirement benefits.
    Sec.  15.  Section   31-53a   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) The State  Comptroller  or the contracting
authority acting pursuant  to  section  31-53,  AS
AMENDED BY SECTION  14  OF  THIS  ACT,  is  hereby
authorized  and  directed  to  pay  to  mechanics,
laborers and workmen  from  any  accrued  payments
withheld under the  terms of a contract terminated
pursuant to subsection  (b) of said section 31-53,
AS  AMENDED,  any  wages  found  to  be  due  such
mechanics, laborers and  workmen  pursuant to said
section 31-53, AS  AMENDED. The Labor Commissioner
is further authorized and directed to distribute a
list to all departments of the state and political
subdivisions thereof giving  the  names of persons
or firms whom  he  has  found  to have disregarded
their obligations under  said  section  31-53,  AS
AMENDED,  and  section  31-76c  to  employees  and
subcontractors on public works projects or to have
been barred from  federal  government contracts in
accordance with the  provisions of the Davis-Bacon
Act, 49 Stat.  1011  (1931),  40  USC  276a-2.  No
contract shall be  awarded  by the state or any of
its political subdivisions to the persons or firms
appearing  on  this   list   or   to   any   firm,
corporation, partnership, or  association in which
such persons or  firms  have  an  interest until a
period of up  to three years, as determined by the
Labor Commissioner, has  elapsed  from the date of
publication of the  list  containing  the names of
such persons or firms.
    (b) If the accrued payments withheld under the
terms  of  a   contract   terminated  pursuant  to
subsection (b) of  section  31-53,  AS  AMENDED BY
SECTION  14  OF  THIS  ACT,  are  insufficient  to
reimburse all the  mechanics, laborers and workmen
with respect to  whom  there has been a failure to
pay the wages  required  pursuant  to said section
31-53, AS AMENDED,  such  mechanics,  laborers and
workmen shall have  the  right  of  action  and of
intervention  against  the   contractor   and  his
sureties conferred by  law upon persons furnishing
labor or materials,  and  in  such  proceedings it
shall be no  defense that such mechanics, laborers
and workmen accepted or agreed to accept less than
the   required  wages   or   that   such   persons
voluntarily made refunds.
    Sec. 16. Section 31-55 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    Every contractor or  subcontractor  performing
work for the  state  subject  to the provisions of
section 31-53, AS  AMENDED  BY  SECTION 14 OF THIS
ACT, or 31-54,  AS  AMENDED  BY SECTION 17 OF THIS
ACT, shall post the prevailing wages as determined
by the Labor  Commissioner in prominent and easily
accessible places at  the  site of work or at such
place or places  as  are used to pay its employees
their wages.
    Sec. 17. Section 31-54 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    The Labor Commissioner shall hold a hearing at
any required time to determine the prevailing rate
of wages upon  any  highway  contract  within  any
specified area on  an  hourly basis and the amount
of payment or  contributions  paid  or  payable on
behalf of each  employee  to  any employee welfare
fund, as defined  in  section 31-53, AS AMENDED BY
SECTION 14 OF  THIS  ACT, upon any classifications
of skilled, semiskilled  and  ordinary labor. Said
commissioner shall determine  the  prevailing rate
of wages on  an  hourly  basis  and  the amount of
payment or contributions paid or payable on behalf
of each employee  to any employee welfare fund, as
defined in section 31-53, AS AMENDED BY SECTION 14
OF THIS ACT, in each locality where any highway or
bridge is to  be constructed, and the Commissioner
of Transportation shall  include such rate of wage
on an hourly  basis  and  the amount of payment or
contributions paid or  payable  on  behalf of each
employee to any  employee welfare fund, as defined
in section 31-53, AS AMENDED BY SECTION 14 OF THIS
ACT, or in  lieu thereof, in cash as part of wages
each pay day,  for each classification of labor in
the proposal for the contract and in the contract.
The rate and  the  amount so established shall, at
all times, be  considered  as  the minimum rate of
wage on an  hourly basis and the amount of payment
or contributions to  an  employee welfare fund, or
cash in lieu  thereof,  for the classification for
which it was  established. Any contractor who pays
any person at  a  lower  rate of wage on an hourly
basis or the  amount  of  payment or contributions
paid or payable  on behalf of each employee to any
employee  welfare  fund,  as  defined  in  section
31-53, AS AMENDED  BY  SECTION  14 OF THIS ACT, or
where he is not obligated by any agreement to make
payment or contributions  to  the employee welfare
funds, as defined  in section 31-53, AS AMENDED BY
SECTION 14 OF  THIS  ACT,  and  fails  to  pay the
amount of such  payment  or contributions directly
to the employee  as  a  part of his wages each pay
day,   than   that    so   established   for   the
classifications  of work  specified  in  any  such
contract shall be  fined  not  more than [one] TWO
hundred dollars for  each  offense. The provisions
of this section shall apply only to state highways
and bridges on state highways.
    Sec. 18. Section 31-69 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) Any employer  or his agent, or the officer
or agent of  any corporation, who discharges or in
any  other  manner   discriminates   against   any
employee because such  employee  has  served or is
about to serve on a wage board or has testified or
is about to  testify  before  any wage board or in
any other investigation  or  proceeding  under  or
related to this  part,  or  because  such employer
believes that such  employee may serve on any wage
board or may  testify  before any wage board or in
any investigation or  proceeding  under this part,
shall be fined  not  less than [fifty] ONE HUNDRED
dollars nor more than [two] FOUR hundred dollars.
    (b) Any employer  or  the  officer or agent of
any corporation who  pays  or agrees to pay to any
employee less than  the  rates  applicable to such
employee under the  provisions  of  this part or a
minimum fair wage  order  shall  be: (1) Fined not
less than [two] FOUR thousand nor more than [five]
TEN thousand dollars  or  imprisoned not more than
five years or  both  for each offense if the total
amount of all  unpaid wages owed to an employee is
more than two thousand dollars; (2) fined not less
than [one] TWO  thousand  nor more than [two] FOUR
thousand dollars or  imprisoned  not more than one
year or both  for each offense if the total amount
of all unpaid  wages  owed  to an employee is more
than one thousand  dollars  but  not more than two
thousand dollars; (3)  fined  not  less than [five
hundred] ONE THOUSAND  nor  more  than  [one]  TWO
thousand dollars or  imprisoned  not more than six
months or both  for  each  offense  if  the  total
amount of all  unpaid wages owed to an employee is
more than five  hundred  but  not  more  than  one
thousand dollars; or (4) fined not less than [two]
FOUR hundred nor  more  than  [five  hundred]  ONE
THOUSAND dollars or imprisoned not more than three
months or both  for  each  offense  if  the  total
amount of all  unpaid wages owed to an employee is
five hundred dollars or less.
    (c) Any employer, his officer or agent, or the
officer  or agent  of  any  corporation,  firm  or
partnership,  who  fails   to   keep  the  records
required under this  part or by regulation made in
accordance  with this  part  or  to  furnish  such
records  to the  commissioner  or  any  authorized
representative of the  commissioner, upon request,
or who refuses  to  admit  the commissioner or his
authorized   representative  to   his   place   of
employment   or  who   hinders   or   delays   the
commissioner or his  authorized  representative in
the performance of  his  duties in the enforcement
of  this  part   shall  be  fined  not  less  than
[twenty-five] FIFTY dollars  nor  more  than [one]
TWO hundred dollars,  and each day of such failure
to keep the records required under this part or to
furnish  the  same  to  the  commissioner  or  any
authorized  representative  of   the  commissioner
shall constitute a  separate offense, and each day
of refusal to  admit  or  of hindering or delaying
the commissioner or  his authorized representative
shall constitute a separate offense.
    (d) Nothing in  this  part  shall be deemed to
interfere with, impede  or in any way diminish the
right of employees  to  bargain  collectively with
their employers through  representatives  of their
own  choosing  in  order  to  establish  wages  or
conditions of work  in  excess  of  the applicable
minimum under this part.
    Sec.  19.  Section   31-69a   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    In addition to  the penalties provided in part
III of chapter 557 and this chapter, any employer,
officer, agent or  other  person  who violates any
provision of part  III  of  chapter  557  or  this
chapter, or both,  shall  be  liable  to the Labor
Department for a  civil  penalty  of  [one hundred
fifty] THREE HUNDRED dollars for each violation of
said   chapters.  The   Attorney   General,   upon
complaint  of  the   Labor   Commissioner,   shall
institute a civil  action  to  recover  such civil
penalty. Any amount  recovered  shall be deposited
in the General  Fund  and  credited  to a separate
nonlapsing appropriation to  the Labor Department,
for other current expenses, and may be used by the
Labor Department to enforce the provisions of part
III of chapter 557 and this chapter.
    Sec. 20. Section 31-76 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    The Labor Commissioner  shall  carry  out  the
provisions of section  31-75 either upon complaint
or upon his  own  motion.  For  this  purpose, the
commissioner,  or his  authorized  representative,
may enter places  of employment, inspect payrolls,
investigate work and operations on which employees
are  engaged, question  employees  and  take  such
action as is  reasonably  necessary  to  determine
compliance with section  31-75.  Any  employer who
violates the provisions  of section 31-75 shall be
liable to the  employee  or the employees affected
for the difference  between  the  amount  of wages
paid and the  maximum wage paid any other employee
for equal work.  Action to recover such difference
may  be  maintained  in  any  court  of  competent
jurisdiction by any  one  or  more  employees. Any
agreement to work  for less than the wage to which
such  employee is  entitled  under  section  31-75
shall not be  a  defense  to  such  action. At the
request of any employee who has received less than
the wage to  which  he  is  entitled under section
31-75, the commissioner  may take an assignment of
such wage claim  in  trust and may bring any legal
action  necessary  to   collect   such  claim.  If
judgment is rendered  against  an  employer in any
civil action brought  to  collect  wages under the
provisions of this  section, the employer shall be
required  to  pay   the  taxable  costs  and  such
reasonable attorney's fees  as  may  be allowed by
the court. No  action  shall  be  brought  or  any
prosecution  instituted  for   any   violation  of
section 31-75 unless  within  one  year  after the
commission of the  act  complained  of. Any person
who violates section  31-75  or  any  employer who
discriminates in any  manner  against any employee
because such employee  has  filed  a  complaint or
taken any other  action  as herein provided shall,
upon conviction, be  fined  for each violation not
more than [one] TWO hundred dollars.
    Sec.  21.  (NEW)   Notwithstanding  any  other
provision of the  general  statutes,  if the Labor
Commissioner imposes a fine or civil penalty under
the provisions of  section  31-15,  as  amended by
section  7 of  this  act,  31-16,  as  amended  by
section  8 of  this  act,  31-18,  as  amended  by
section  9 of  this  act,  31-23,  as  amended  by
section 10 of  this  act,  31-24,  as  amended  by
section 11 of  this  act,  31-25,  as  amended  by
section 12 of  this  act,  31-52,  as  amended  by
section 13 of  this  act,  31-53,  as  amended  by
section 14 of  this  act,  31-54,  as  amended  by
section 17 of  this  act,  31-69,  as  amended  by
section 18 of  this  act,  31-69a,  as  amended by
section 19 of  this  act,  31-76,  as  amended  by
section 20 of  this  act, or 31-76a of the general
statutes, as a  result  of  a  violation initially
reported by a municipal official, the commissioner
shall, within thirty  days  after  collecting such
fine or penalty,  remit  one-half  of  the  amount
collected to such municipality.

Approved June 26, 1997