Connecticut Seal

General Assembly

 

Raised Bill No. 5478

February Session, 2018

 

LCO No. 2273

 

*02273_______LAB*

Referred to Committee on LABOR AND PUBLIC EMPLOYEES

 

Introduced by:

 

(LAB)

 

AN ACT CONCERNING TECHNICAL AND MINOR CHANGES TO THE LABOR DEPARTMENT STATUTES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (b) of section 3-123 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(b) Whenever a firefighter, under the provisions of the constitution and bylaws of the Connecticut State Firefighters Association, is entitled to wage replacement benefits from said association pursuant to the firefighters cancer relief program established pursuant to section 7-313j, the State Treasurer shall, upon the delivery to the State Treasurer of proper proof from said association of the right of such firefighter to wage replacement benefits as aforesaid, process payment for such firefighter entitled to such wage replacement benefits, or [their] his or her legal representative, for the amount to which such firefighter is entitled as wage replacement benefits as aforesaid, provided such orders shall be limited to available funds contained in the firefighters cancer relief account established pursuant to section 7-313h.

Sec. 2. Subsection (b) of section 7-479a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(b) "Interlocal risk management program" means a plan and activities carried out under such plan by an interlocal risk management agency to reduce risk of loss on account of one or more of the following: Public liability, [worker's] workers' compensation liability, automobile risks, or property perils and losses in excess of retentions, including safety engineering and other loss prevention and control techniques and to administer one or more interlocal risk management pools, including the processing and defense of claims brought against members of the agency.

Sec. 3. Subsection (c) of section 7-479g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(c) An interlocal risk management pool shall not function as a means of sharing among members of an interlocal risk management agency risks of loss for or from public liability, [worker's] workers' compensation, automobile risks, property perils or losses in excess of retentions until the agency's bylaws have been filed with and approved by the Insurance Commissioner.

Sec. 4. Subdivision (2) of subsection (d) of section 8-265ff of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(2) Lump-sum additions to family assets such as inheritances, capital gains, insurance payments included under health, accident, hazard or [worker's] workers' compensation policies and settlements, verdicts or awards for personal or property losses or transfer of assets without consideration within one year of the time of application. Pending claims for such items must be identified by the homeowner as contingent assets.

Sec. 5. Subdivision (2) of subsection (f) of section 8-265ss of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(2) Lump-sum additions to family assets such as inheritances, capital gains, insurance payments included under health, accident, hazard or [worker's] workers' compensation policies and settlements, verdicts or awards for personal or property losses or transfer of assets without consideration within one year of the time of application. Pending claims for such items must be identified by the borrower as contingent assets.

Sec. 6. Section 31-3h of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(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 from time to time, a state human resource investment council pursuant to 29 USC 1501 et seq., as amended from time to time, 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 such programs are serving the needs of Connecticut's workers, employers and economy;

[(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 and the reemployment of workers fifty years of age or older. The plan shall contain the commission's recommendations for policies and procedures to enhance the coordination and collaboration of all such programs;]

[(4)] (3) Reviewing and commenting on all employment and training programs enacted by the General Assembly;

[(5)] (4) Implementing the federal Workforce Innovation and Opportunity Act of 2014, P.L. 113-128, as amended from time to time. Such implementation shall include (A) developing, in consultation with the regional workforce development boards, a single Connecticut workforce development plan that (i) complies with the provisions of said act and section 31-11p, and (ii) includes comprehensive state performance measures for workforce development activities specified in Title I of the federal Workforce Innovation and Opportunity Act of 2014, P.L. 113-128, as amended from time to time, which performance measures comply with the requirements of 20 CFR Part 666.100, (B) making recommendations to the General Assembly concerning the allocation of funds received by the state under said act and making recommendations to the regional workforce development boards concerning the use of formulas in allocating such funds to adult employment and job training activities and youth activities, as specified in said act, (C) providing oversight and coordination of the state-wide employment statistics system required by said act, (D) as appropriate, recommending to the Governor that the Governor apply for workforce flexibility plans and waiver authority under said act, after consultation with the regional workforce development boards, (E) developing performance criteria for regional workforce development boards to utilize in creating a list of eligible providers, and (F) on or before December 31, 1999, developing a uniform individual training accounts voucher system that shall be used by the regional workforce development boards to pay for training of eligible workers by eligible providers, as required under said act;

[(6)] (5) Developing and overseeing a plan for the continuous improvement of the regional workforce development boards established pursuant to section 31-3k;

[(7)] (6) Developing incumbent worker, and vocational and manpower training programs, including customized job training programs to enhance the productivity of Connecticut businesses and to increase the skills and earnings of underemployed and at-risk workers, and other programs administered by the regional workforce development boards. The Labor Department, in collaboration with the regional workforce development boards, shall implement any incumbent worker and customized job training programs developed by the commission pursuant to this subdivision;

[(8)] (7) Developing a strategy for providing comprehensive services to eligible youths, which strategy shall include developing youth preapprentice and apprentice programs through, but not limited to, technical education and career schools, and improving linkages between academic and occupational learning and other youth development activities; and

[(9)] (8) Coordinating an electronic state hiring campaign to encourage the reemployment of workers fifty years of age or older to be administered through the Labor Department's Internet web site, which shall include testimony from various employers that demonstrates the value of hiring and retaining workers fifty years of age or older. Not later than January 1, 2015, the commission shall submit a report, in accordance with section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to labor on the status of such campaign.

Sec. 7. Section 31-11ff of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) For purposes of this section:

(1) "Early college high school" means a school in which persons who are underrepresented in higher education, including, but not limited to, low-income youth, first-generation college students, English language learners and minority students, may simultaneously earn, tuition free, a high school diploma and an associate degree or up to two years of credit toward a bachelor's degree;

(2) "Middle college program" means a collaboration between a school district's high schools and a regional-community technical college or a four-year college or university where a student may (A) take core high school courses or courses for which college or university-level credit may be given, and (B) attribute all such credits earned toward a program of higher learning at an institution of higher education in which such student enrolls upon graduation from the middle college program; and

(3) "Connecticut Early College Opportunity program" or "CT-ECO" means a collaboration between a school district's high schools, a local community college and a company or business entity where a student may earn an industry-recognized, two-year postsecondary degree in addition to a high school diploma.

(b) The Connecticut Employment and Training Commission shall develop, in collaboration with the Connecticut state colleges and universities, Department of Education, and regional work force development boards established pursuant to section 31-3j, a state-wide plan for implementing, expanding or improving upon career certificate programs established under section 10-20a, middle college programs, early college high school programs and Connecticut Early College Opportunity programs to provide education, training and placement in jobs available in the manufacturing, health care, construction, green, science, technology, engineering and mathematics industries and other emerging sectors of the state's economy. Such plan shall include a proposal to fund such programs.

[(c) (1) Not later than January 1, 2018, the Connecticut Employment and Training Commission shall report, in accordance with the provisions of section 11-4a, on the plan developed under subsection (b) of this section, to the joint standing committee of the General Assembly having cognizance of matters relating to higher education and employment advancement.

(2) Not later than September 1, 2018, and annually thereafter, said commission shall report, in accordance with the provisions of section 11-4a, on the status of programs included in the plan developed under subsection (b) of this section to the joint standing committee of the General Assembly having cognizance of matters relating to higher education and employment advancement.]

Sec. 8. Subsection (c) of section 31-23 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(c) No minor under the age of eighteen years shall be employed or permitted to work in any occupation which has been or shall be pronounced hazardous to health by the Department of Public Health or pronounced hazardous in other respects by the Labor Department. This section shall not apply to (1) the employment or enrollment of minors sixteen years of age and over as registered apprentices or registered preapprentices in a bona fide registered apprenticeship [courses] program or registered preapprenticeship program in manufacturing or mechanical establishments, technical education and career schools or public schools, (2) the employment of such minors who have graduated from a public or private secondary or technical education and career school in any manufacturing or mechanical establishment, (3) the employment of such minors who are participating in a manufacturing or mechanical internship, registered apprenticeship or registered preapprenticeship in any manufacturing or mechanical establishment, or (4) the enrollment of such minors in a cooperative work-study program approved by the Commissioner of Education and the Labor Commissioner or in a program established pursuant to section 10-20a. No provision of this section shall apply to agricultural employment, domestic service, street trades or the distribution of newspapers. For purposes of this subsection, (A) "internship" means supervised practical training of a high school student or recent high school graduate that is comprised of curriculum and workplace standards approved by the Department of Education and the Labor Department, [and] (B) "cooperative work-study program" means a program of vocational education, approved by the Commissioner of Education and the Labor Commissioner, for persons who, through a cooperative arrangement between the school and employers, receive instruction, including required academic courses and related vocational instruction by alternation of study in school with a job in any occupational field, provided these two experiences are planned and supervised by the school and employers so that each contributes to the student's education and to his employability. Work periods and school attendance may be on alternate half days, full days, weeks or other periods of time in fulfilling the cooperative work-study program, (C) "apprentice" has the same meaning as provided in section 31-21m and includes a person registered with the Labor Department, and (D) "preapprentice" means a person, student or minor (i) employed under a written agreement with an apprenticeship sponsor for a term of training and employment not exceeding two thousand hours or twenty-four months in duration, and (ii) registered with the Labor Department.

Sec. 9. Subsection (a) of section 31-76a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) On receipt of a complaint for nonpayment of wages or a violation of the provisions of subsection (g) of section 31-288, the Labor Commissioner, [the director of minimum wage and wage enforcement agents of the Labor Department] or the commissioner's designee, shall have power to enter, during usual business hours, the place of business or employment of any employer to determine compliance with the wage payment laws or subsection (g) of section 31-288, and for such purpose may examine payroll and other records and interview employees, call hearings, administer oaths, take testimony under oath and take depositions in the manner provided by sections 52-148a to 52-148e, inclusive.

Sec. 10. Subsection (b) of section 31-231a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(b) For an individual not included in subsection (a) of this section, the individual's total unemployment benefit rate for his benefit year commencing after September 30, 1967, shall be an amount equal to one twenty-sixth, rounded to the next lower dollar, of the average of his total wages, as defined in subdivision (1) of subsection (b) of section 31-222, paid during the two quarters of his current benefit year's base period in which such wages were highest but not less than fifteen dollars nor more than one hundred fifty-six dollars in any benefit year commencing on or after the first Sunday in July, 1982, nor more than [sixty] fifty per cent rounded to the next lower dollar of the average wage of [production and related] all workers in the state in any benefit year commencing on or after the first Sunday in October, 1983, and provided the maximum benefit rate in any benefit year commencing on or after the first Sunday in October, 1988, shall not increase more than eighteen dollars in any benefit year, such increase to be effective as of the first Sunday in October of such year. The average wage of [production and related] all workers in the state shall be determined by (1) the administrator, on or before August fifteenth annually, as of the year ended the previous [June thirtieth] March thirty-first to be effective during the benefit year commencing on or after the first Sunday of the following October, and [shall be so determined in accordance with the standards for the determination of average production wages established by the United States Department of Labor, Bureau of Labor Statistics] (2) the Connecticut Quarterly Census of Employment and Wages or by such other method, as determined by the administrator, that accurately reflects the average wage of all workers in the state.

Sec. 11. Sections 4-124bb and 4-124dd of the general statutes are repealed. (Effective October 1, 2018)

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2018

3-123(b)

Sec. 2

October 1, 2018

7-479a(b)

Sec. 3

October 1, 2018

7-479g(c)

Sec. 4

October 1, 2018

8-265ff(d)(2)

Sec. 5

October 1, 2018

8-265ss(f)(2)

Sec. 6

October 1, 2018

31-3h

Sec. 7

October 1, 2018

31-11ff

Sec. 8

October 1, 2018

31-23(c)

Sec. 9

October 1, 2018

31-76a(a)

Sec. 10

October 1, 2018

31-231a(b)

Sec. 11

October 1, 2018

Repealer section

Statement of Purpose:

To implement the recommendations of the Labor Department and to make technical and minor changes to the labor statutes.

[Proposed deletions are enclosed in brackets. Proposed additions are 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.]