S.B. 159, An Act Concerning Firework Permits and Certificates of Competency

By mandating background checks this bill creates a new collateral consequence. To balance between unnecessarily excluding people with a criminal record from suitable jobs and the need to ensure pyrotechnic safety, the ACLU-CT proposes that the Department of Emergency Services and Public Protection (DESPP) utilize a balancing test like the one in Section 46a-80 of the general statutes to evaluate an applicant’s suitability for a certificate of competency. This test considers the nature of the crime and its relationship to the job, as well as evidence of rehabilitation and the amount of time since the conviction. This test also recognizes that not all offenses will bear on a person’s ability to do a specific job. It also acknowledges that the longer ago a person violated the law, the less pertinent that fact is to their ability to do their job now.