Legislative History for Connecticut Act
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Legislative History for Connecticut Act PA 16-83 HB5237 Senate 3009-3024 16 Judiciary 2575, 2870-2873, 3464- 22 3466, 3476, 3482-3483, 3525-3527, 3824-3831 Labor & Public 451-452, (453), 454-459, 138 Employees 496-513, 514-517, 520- 532, 534, 543-545, 576, 593-600, 605-610, 622- 630, 631-656, 724-756, 758-760, 763-764, 817-818 House Transcripts have not been received. They are available 176 on CGA website, but are not the Official copy. Contact House Clerk for assistance (860) 240-0400 Transcripts from the Joint Standing Committee Public Hearing(s) and/or Senate and House of Representatives Proceedings Connecticut State Library Compiled 2017 S - 699 CONNECTICUT GENERAL ASSEMBLY SENATE PROCEEDINGS 2016 VOL. 59 PART 9 2751 – 3097 003009 /je 259 SENATE May 4, 2016 0 Those voting Nay 0 Absent and not voting 0 THE CHAIR: The bill passes. Mr. Clerk. THE CLERK: On page 18, Calendar 510, Substitute for House Bill Number 5237, AN ACT CONCERNING FAIR CHANCE EMPLOYMENT. It's amended by House A. THE CHAIR: Senator Gomes. SENATOR GOMES ,(23RD): 0 Thank you, Madam President. I move acceptance of the Joint Committee's favorable report and passage of the bill in concurrence with the House of Representatives as amended House Amendment Schedule A. THE CHAIR: Please continue. SENATOR GOMES (23RD) : The bill prohibits employers from asking about a prospective employee's prior arrest, criminal charges, or convictions on an initial employment application unless, one, the employer must do so under state or federal law, or two, the prospective employee is applying for a position for which the 0 003010 /je 260 SENATE May 4, 2016 employer must obtain a security or Fidelity bond or equivalent bond. THE CHAIR: Thank you very much, Senator Gomes. Senator Hwang. SENATOR HWANG (28TH) : Thank you, Madam President. I rise in support of this bill. It's been a bill that's a work in progress. It is an opportunity for people with reentry and an opportunity to start a new career and move themselves forward. I appreciate the good work of Senator Gomes. He himself with a personal history of accomplishment and reentry, so I urge support of this bill. Thank you. THE CHAIR: Senator Fasano. SENATOR FASANO (34TH): Thank you, Madam President. If I may, to Senator Hwang. THE CHAIR: To Senator Hwang, sir? Please continue. SENATOR FASANO (34TH) : Through you, Madam President. This being on the box, it's my understanding that when you make the application you cannot ask the applicant whether or not they have a criminal record -0 003011 /je 261 SENATE May 4, 2016 at the time that the application is made, is that correct? SENATOR HWANG (28TH): That is correct, sir. SENATOR FASANO (34TH): My understanding is that gets you into the door so you can, if you are selected, that you could have a conversation with the employer and at that time the employer can ask you, have you ever been arrested. Is that correct? SENATOR HWANG (28TH): Through you, Madam President, yes. () SENATOR FASANO (34TH) : Through you, Madam President. At that point in time, the employee, potential employee could describe what the circumstances were as he disclosed the arrest, explain himself or herself, and the employer could have a better understanding of the who the person they are dealing with as opposed to just a paper saying they were arrested. They're there and they could explain all the circumstances. Is that accurate? Through you, Madam President. THE CHAIR: Senator Hwang. 003012 /je 262 SENATE May 4, 2016 0 SEN. HWANG (28TH): Through you, Madam President. It is a perfect balance and description of allowing employers an opportunity to vet and to evaluate the candidate but at the same time create an opportunity in an applicant to have an opportunity to engage in that conversation. Through you, Madam President. THE CHAIR: Senator Fasano. SENATOR FASANO (34TH): I thank Senator Hwang for his answers today. If I 0 may, I'd like to ask Senator Gomes a question or two. Through you. THE CHAIR: Senator Gomes, if you could prepare yourself. SENATOR FASANO (34TH): Through you, Madam President, to Senator Gomes. It's my understanding that there's been an experience where people may check off that they've been arrested and not be able to get the opportunity to have an interview and explain the issues that they're presented with. Is that your understanding? 0 003013 /je 263 SENATE May 4, 2016 0 Through you, Madam President. SENATOR GOMES (23RD) : Through you, Madam President, that's correct. THE CHAIR: Go ahead Senator Gomes. SENATOR GOMES (23RD): That is correct. SENATOR FASANO (34TH): And that this bill would allow that free flow of information and still allow the employer the opportunity to look at those issues but at least 0 give the opportunity to the employee to come in and explain. Is that your understanding as well, sir? THE CHAIR: Senator Gomes. SENATOR GOMES (23RD): Through you, Madam President. That is correct, yes, to give a conditional employment offer. THE CHAIR: Senator Fasano. SENATOR GOMES (23RD) : 0 003014 /je 264 SENATE May 4, 2016 0 That is what that is called. THE CHAIR: Senator Fasano. SENATOR FASANO (34TH) : Thank you, Madam President. Thank you, Senator Gomes. Madam President, I think this is a great bill. This is a bill that allows people to, who have made mistakes in their lives to get in the door and say, hey, I've made a mistake. This is who I am. Here are the good things I've done. Yes, I have a criminal record. These are the circumstances or this is how long ago, how long ago it was, and 0 people are not judged just be a simple application without the ability of their personality, their charisma to come through. Madam President, I'm fully supportive of this bill. THE CHAIR: Thank you very much, Senator Fasano. Senator McLachlan. SENATOR MCLACHLAN (24TH) : Thank you, Madam President. A question to the proponent of the bill, please. THE CHAIR: Please proceed, sir . .. o 003015 /je 265 SENATE May 4, 2016 0 SENATOR MCLACHLAN (24TH) : Thank you, Madam President. Senator Gomes, should this bill pass, in the event of a potential employer making a conditional offer of employment and subsequently runs a background check and discovers a background that they are uncomfortable with, is there any recourse of the potential employee when the employer says no? Through you, Madam President. THE CHAIR: Senator Gomes. SENATOR GOMES (23RD): Through you, Madam President. Yes, there is. The 0 bill allows a prospective employee to file a complaint with the Labor Commission alleging a violation of this prohibition and subjects violation violated through a $300 per violation civil penalty imposed by the Labor Department. It also allows someone to file a complaint with the Commission alleging an employer's violation of existing law on employment-related criminal record checks. THE CHAIR: Senator McLachlan. SENATOR MCLACHLAN (24TH) : Thank you, Madam President. For further clarification, Senator Gomes, I may have misspoken my question to you. I'm assuming that 0 003016 /je 266 SENATE May 4, 2016 0 there is a conditional offer of employment and the employer then runs a background check and determines from the background check they are uncomfortable with the offer of employment and rescinds the offer of employment. What happens then under this proposed legislation? Through you, Madam President. THE CHAIR: Senator Gomes. SENATOR GOMES (23RD) : Well that would depend, through you, Madam President, to the good Senator, that would depend on what after the conditional offer of employment has been made and then they went into the credit, I mean not a credit check, but a check on an employee, whatever happens or whatever the results are, what they find out would determine whether or not this employee will be a viable employee for them. THE CHAIR: Senator McLachlan. The Senate will stand as ease for a second please. (Senate at ease.) The Senate will come back to order. Senator McLachlan. SENATOR MCLACHLAN (24TH): 0 003017 /je 267 SENATE May 4, 2016 0 Thank you, Madam President. I have no further questions for Senator Gomes. Thank you. THE CHAIR: Thank you very, very much. Will you remark further? Will you remark further? Senator Fasano. SENATOR FASANO (34TH): Madam President, if I may, it's my understanding that with respect to this bill with respect to the questions by Senator McLachlan, I just want to make sure I got this absolutely correct, and if ~ could ask Senator Hwang a question or two. THE CHAIR: Please proceed. Senator Hwang. SENATOR FASANO (34TH): Thank you. Senator Hwang, it's my understanding that you fill out an application, you don't check a box, you get into the employer's office, before he offers you a terms of employment, you could ask the question about the background, about the person's background, has he been arrested. Is that correct? THE CHAIR: Senator Hwang. SEN. HWANG (28TH): Through you, Madam President. That has been the reflected change in that, yes sir. 0 003018 /je 268 SENATE May 4, 2016 THE CHAIR: Senator Fasano. SENATOR FASANO (34TH): So it no longer reads that you have to make the offer of employment and then do a background check. That's not what the bill says, correct? THE CHAIR: Senator Hwang. SEN. HWANG (28TH): As I understand it, through you, Madam President, yes. It is creating that balance and allowing the 0 employer the opportunity to vet the individual and have that conversation. Through you, Madam President.