| Old | New | Differences | |
|---|---|---|---|
| 1 | + | ||
| 2 | + | ||
| 3 | + | LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299-R01- | |
| 4 | + | HB.docx | |
| 5 | + | 1 of 19 | |
| 6 | + | ||
| 7 | + | General Assembly Substitute Bill No. 7299 | |
| 8 | + | January Session, 2019 | |
| 1 | 9 | ||
| 2 | 10 | ||
| 3 | 11 | ||
| 4 | - | Substitute House Bill No. 7299 | |
| 5 | - | ||
| 6 | - | Public Act No. 19-177 | |
| 7 | 12 | ||
| 8 | 13 | ||
| 9 | 14 | AN ACT MAKING CHANGE S TO DEPARTMENT OF C ONSUMER | |
| 10 | 15 | PROTECTION ENFORCEME NT STATUTES. | |
| 11 | 16 | Be it enacted by the Senate and House of Representatives in General | |
| 12 | 17 | Assembly convened: | |
| 13 | 18 | ||
| 14 | - | Section 1. Subsection (b) of section 51-164n of the general statutes is | |
| 15 | - | repealed and the following is substituted in lieu thereof (Effective | |
| 16 | - | October 1, 2019): | |
| 17 | - | (b) Notwithstanding any provision of the general statutes, any | |
| 18 | - | person who is alleged to have committed (1) a violation under the | |
| 19 | - | provisions of section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7- | |
| 20 | - | 283, 7-325, 7-393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10- | |
| 21 | - | 198, 10-230, 10-251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, | |
| 22 | - | subdivision (4) of section 12-408, subdivision (3), (5) or (6) of section | |
| 23 | - | 12-411, section 12-435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a- | |
| 24 | - | 113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a- | |
| 25 | - | 143b, 13a-247 or 13a-253, subsection (f) of section 13b-42, section 13b- | |
| 26 | - | 90, 13b-221, 13b-292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or | |
| 27 | - | 13b-410c, subsection (a), (b) or (c) of section 13b-412, section 13b-414, | |
| 28 | - | subsection (d) of section 14-12, section 14-20a or 14-27a, subsection (e) | |
| 29 | - | of section 14-34a, subsection (d) of section 14-35, section 14-43, 14-49, | |
| 30 | - | 14-50a or 14-58, subsection (b) of section 14-66, section 14-66a or 14- | |
| 31 | - | 67a, subsection (g) of section 14-80, subsection (f) of section 14-80h, Substitute House Bill No. 7299 | |
| 19 | + | Section 1. Subsection (b) of section 51-164n of the general statutes is 1 | |
| 20 | + | repealed and the following is substituted in lieu thereof (Effective 2 | |
| 21 | + | October 1, 2019): 3 | |
| 22 | + | (b) Notwithstanding any provision of the general statutes, any 4 | |
| 23 | + | person who is alleged to have committed (1) a violation under the 5 | |
| 24 | + | provisions of section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-6 | |
| 25 | + | 283, 7-325, 7-393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-7 | |
| 26 | + | 198, 10-230, 10-251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, 8 | |
| 27 | + | subdivision (4) of section 12-408, subdivision (3), (5) or (6) of section 9 | |
| 28 | + | 12-411, section 12-435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-10 | |
| 29 | + | 113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-11 | |
| 30 | + | 143b, 13a-247 or 13a-253, subsection (f) of section 13b-42, section 13b-12 | |
| 31 | + | 90, 13b-221, 13b-292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13 | |
| 32 | + | 13b-410c, subsection (a), (b) or (c) of section 13b-412, section 13b-414, 14 | |
| 33 | + | subsection (d) of section 14-12, section 14-20a or 14-27a, subsection (e) 15 | |
| 34 | + | of section 14-34a, subsection (d) of section 14-35, section 14-43, 14-49, 16 | |
| 35 | + | 14-50a or 14-58, subsection (b) of section 14-66, section 14-66a or 14-17 | |
| 36 | + | 67a, subsection (g) of section 14-80, subsection (f) of section 14-80h, 18 | |
| 37 | + | section 14-97a, 14-100b, 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-19 Substitute Bill No. 7299 | |
| 32 | 38 | ||
| 33 | - | Public Act No. 19-177 2 of 51 | |
| 34 | 39 | ||
| 35 | - | section 14-97a, 14-100b, 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14- | |
| 36 | - | 153 or 14-163b, a first violation as specified in subsection (f) of section | |
| 37 | - | 14-164i, section 14-219 as specified in subsection (e) of said section, | |
| 38 | - | subdivision (1) of section 14-223a, section 14-240, 14-250 or 14-253a, | |
| 39 | - | subsection (a) of section 14-261a, section 14-262, 14-264, 14-267a, 14- | |
| 40 | - | 269, 14-270, 14-275a, 14-278 or 14-279, subsection (e) or (h) of section | |
| 41 | - | 14-283, section 14-291, 14-293b, 14-296aa, 14-300, 14-300d, 14-319, 14- | |
| 42 | - | 320, 14-321, 14-325a, 14-326, 14-330 or 14-332a, subdivision (1), (2) or (3) | |
| 43 | - | of section 14-386a, section 15-25 or 15-33, subdivision (1) of section 15- | |
| 44 | - | 97, subsection (a) of section 15-115, section 16-44, 16-256e, 16a-15 or | |
| 45 | - | 16a-22, subsection (a) or (b) of section 16a-22h, section 17a-24, 17a-145, | |
| 46 | - | 17a-149, 17a-152, 17a-465, 17b-124, 17b-131, 17b-137, 19a-30, 19a-33, | |
| 47 | - | 19a-39 or 19a-87, subsection (b) of section 19a-87a, section 19a-91, 19a- | |
| 48 | - | 105, 19a-107, 19a-113, 19a-215, 19a-219, 19a-222, 19a-224, 19a-286, 19a- | |
| 49 | - | 287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 19a- | |
| 50 | - | 340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-231, 20-249, 20-257, 20- | |
| 51 | - | 265, 20-324e, 20-341l, subsection (b) of section 20-334, as amended by | |
| 52 | - | this act, 20-366, 20-597, 20-608, 20-610, 21-1, 21-38, 21-39, 21-43, 21-47, | |
| 53 | - | 21-48, 21-63 or 21-76a, subsection (c) of section 21a-2, subdivision (1) of | |
| 54 | - | section 21a-19, section 21a-21, subdivision (1) of subsection (b) of | |
| 55 | - | section 21a-25, section 21a-26 or 21a-30, subsection (a) of section 21a- | |
| 56 | - | 37, section 21a-46, 21a-61, 21a-63 or 21a-77, subsection (b) of section | |
| 57 | - | 21a-79, section 21a-85 or 21a-154, subdivision (1) of subsection (a) of | |
| 58 | - | section 21a-159, as amended by this act, subsection (a) of section 21a- | |
| 59 | - | 279a, section 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 22-29, 22-34, 22- | |
| 60 | - | 35, 22-36, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 22-39e, 22-49 or | |
| 61 | - | 22-54, subsection (d) of section 22-84, section 22-89, 22-90, 22-98, 22-99, | |
| 62 | - | 22-100, 22-111o, 22-167, 22-279, 22-280a, 22-318a, 22-320h, 22-324a, 22- | |
| 63 | - | 326 or 22-342, subsection (b), (e) or (f) of section 22-344, section 22-359, | |
| 64 | - | 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection (a) | |
| 65 | - | of section 22a-250, subsection (e) of section 22a-256h, section 22a-363 or | |
| 66 | - | 22a-381d, subsections (c) and (d) of section 22a-381e, section 22a-449, | |
| 67 | - | 22a-461, 23-37, 23-38, 23-46 or 23-61b, subsection (a) or subdivision (1) Substitute House Bill No. 7299 | |
| 40 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- | |
| 41 | + | R01-HB.docx } | |
| 42 | + | 2 of 19 | |
| 68 | 43 | ||
| 69 | - | Public Act No. 19-177 3 of 51 | |
| 44 | + | 153 or 14-163b, a first violation as specified in subsection (f) of section 20 | |
| 45 | + | 14-164i, section 14-219 as specified in subsection (e) of said section, 21 | |
| 46 | + | subdivision (1) of section 14-223a, section 14-240, 14-250 or 14-253a, 22 | |
| 47 | + | subsection (a) of section 14-261a, section 14-262, 14-264, 14-267a, 14-23 | |
| 48 | + | 269, 14-270, 14-275a, 14-278 or 14-279, subsection (e) or (h) of section 24 | |
| 49 | + | 14-283, section 14-291, 14-293b, 14-296aa, 14-300, 14-300d, 14-319, as 25 | |
| 50 | + | amended by this act, 14-320, 14-321, 14-325a, 14-326, 14-330 or 14-332a, 26 | |
| 51 | + | subdivision (1), (2) or (3) of section 14-386a, section 15-25 or 15-33, 27 | |
| 52 | + | subdivision (1) of section 15-97, subsection (a) of section 15-115, section 28 | |
| 53 | + | 16-44, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section 16a-22h, 29 | |
| 54 | + | section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17b-124, 17b-131, 30 | |
| 55 | + | 17b-137, 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section 19a-31 | |
| 56 | + | 87a, section 19a-91, 19a-105, 19a-107, 19a-113, 19a-215, 19a-219, 19a-222, 32 | |
| 57 | + | 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 33 | |
| 58 | + | 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-231, 34 | |
| 59 | + | 20-249, 20-257, 20-265, 20-324e, 20-341l, subsection (b) of section 20-334, 35 | |
| 60 | + | as amended by this act, 20-366, 20-597, 20-608, 20-610, 21-1, 21-38, 21-36 | |
| 61 | + | 39, 21-43, 21-47, 21-48, 21-63 or 21-76a, subsection (c) of section 21a-2, 37 | |
| 62 | + | subdivision (1) of section 21a-19, section 21a-21, subdivision (1) of 38 | |
| 63 | + | subsection (b) of section 21a-25, section 21a-26 or 21a-30, subsection (a) 39 | |
| 64 | + | of section 21a-37, section 21a-46, 21a-61, 21a-63 or 21a-77, subsection 40 | |
| 65 | + | (b) of section 21a-79, section 21a-85 or 21a-154, subdivision (1) of 41 | |
| 66 | + | subsection (a) of section 21a-159, as amended by this act, subsection (a) 42 | |
| 67 | + | of section 21a-279a, section 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 43 | |
| 68 | + | 22-29, 22-34, 22-35, 22-36, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 44 | |
| 69 | + | 22-39e, 22-49 or 22-54, subsection (d) of section 22-84, section 22-89, 22-45 | |
| 70 | + | 90, 22-98, 22-99, 22-100, 22-111o, 22-167, 22-279, 22-280a, 22-318a, 22-46 | |
| 71 | + | 320h, 22-324a, 22-326 or 22-342, subsection (b), (e) or (f) of section 22-47 | |
| 72 | + | 344, section 22-359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 48 | |
| 73 | + | 22a-246, subsection (a) of section 22a-250, subsection (e) of section 22a-49 | |
| 74 | + | 256h, section 22a-363 or 22a-381d, subsections (c) and (d) of section 50 | |
| 75 | + | 22a-381e, section 22a-449, 22a-461, 23-37, 23-38, 23-46 or 23-61b, 51 | |
| 76 | + | subsection (a) or subdivision (1) of subsection (c) of section 23-65, 52 | |
| 77 | + | section 25-37 or 25-40, subsection (a) of section 25-43, section 25-43d, 53 | |
| 78 | + | 25-135, 26-18, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-42, 26-49, 26-54, 26-54 Substitute Bill No. 7299 | |
| 70 | 79 | ||
| 71 | - | of subsection (c) of section 23-65, section 25-37 or 25-40, subsection (a) | |
| 72 | - | of section 25-43, section 25-43d, 25-135, 26-18, 26-19, 26-21, 26-31, 26-40, | |
| 73 | - | 26-40a, 26-42, 26-49, 26-54, 26-55, 26-56, 26-58 or 26-59, subdivision (1) | |
| 74 | - | of subsection (d) of section 26-61, section 26-64, subdivision (1) of | |
| 75 | - | section 26-76, section 26-79, 26-87, 26-89, 26-91, 26-94, 26-97, 26-98, 26- | |
| 76 | - | 104, 26-105, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138 or 26-141, | |
| 77 | - | subdivision (1) of section 26-186, section 26-207, 26-215, 26-217 or 26- | |
| 78 | - | 224a, subdivision (1) of section 26-226, section 26-227, 26-230, 26-232, | |
| 79 | - | 26-244, 26-257a, 26-260, 26-276, 26-284, 26-285, 26-286, 26-288, 26-294, | |
| 80 | - | 28-13, 29-6a, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), (e) | |
| 81 | - | or (g) of section 29-161q, section 29-161y or 29-161z, subdivision (1) of | |
| 82 | - | section 29-198, section 29-210, 29-243 or 29-277, subsection (c) of section | |
| 83 | - | 29-291c, section 29-316, 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31- | |
| 84 | - | 11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31- | |
| 85 | - | 36, 31-38, 31-40, 31-44, 31-47, 31-48, 31-51, 31-52, 31-52a or 31-54, | |
| 86 | - | subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, | |
| 87 | - | 31-76a, 31-89b or 31-134, subsection (i) of section 31-273, section 31-288, | |
| 88 | - | subdivision (1) of section 35-20, section 36a-787, 42-230, 45a-283, 45a- | |
| 89 | - | 450, 45a-634 or 45a-658, subdivision (13) or (14) of section 46a-54, | |
| 90 | - | section 46a-59, 46b-22, 46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53- | |
| 91 | - | 133, 53-199, 53-212a, 53-249a, 53-252, 53-264, 53-280, 53-302a, 53-303e, | |
| 92 | - | 53-311a, 53-321, 53-322, 53-323, 53-331 or 53-344, subsection (c) of | |
| 93 | - | section 53-344b, or section 53-450, or (2) a violation under the | |
| 94 | - | provisions of chapter 268, or (3) a violation of any regulation adopted | |
| 95 | - | in accordance with the provisions of section 12-484, 12-487 or 13b-410, | |
| 96 | - | or (4) a violation of any ordinance, regulation or bylaw of any town, | |
| 97 | - | city or borough, except violations of building codes and the health | |
| 98 | - | code, for which the penalty exceeds ninety dollars but does not exceed | |
| 99 | - | two hundred fifty dollars, unless such town, city or borough has | |
| 100 | - | established a payment and hearing procedure for such violation | |
| 101 | - | pursuant to section 7-152c, shall follow the procedures set forth in this | |
| 102 | - | section. Substitute House Bill No. 7299 | |
| 103 | 80 | ||
| 104 | - | Public Act No. 19-177 4 of 51 | |
| 81 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- | |
| 82 | + | R01-HB.docx } | |
| 83 | + | 3 of 19 | |
| 105 | 84 | ||
| 106 | - | Sec. 2. Subsection (b) of section 20-334 of the general statutes is | |
| 107 | - | repealed and the following is substituted in lieu thereof (Effective | |
| 108 | - | October 1, 2019): | |
| 109 | - | (b) The Department of Consumer Protection shall furnish to each | |
| 110 | - | qualified applicant a license certifying that the holder thereof is | |
| 111 | - | entitled to engage in the work or occupation for which the person has | |
| 112 | - | been issued a license under this chapter, and the holder of such license | |
| 113 | - | shall carry it on his person while engaging in such work or occupation. | |
| 114 | - | Such license shall be shown to any properly interested person on | |
| 115 | - | request. No such license shall be transferred to or used by any person | |
| 116 | - | other than the person to whom the license was issued. Contractors | |
| 117 | - | [shall] that fail to display their state license number on all commercial | |
| 118 | - | vehicles used in their business and [shall display such number] in a | |
| 119 | - | conspicuous manner on all [printed] advertisements, bid proposals, | |
| 120 | - | contracts, invoices and on all stationery used in their business may be | |
| 121 | - | fined not more than five hundred dollars per violation, but shall not be | |
| 122 | - | fined for the first violation. The department shall keep a register in | |
| 123 | - | which shall be entered the names of all persons to whom such licenses | |
| 124 | - | are issued. The register shall be at all times open to public inspection. | |
| 125 | - | Sec. 3. Section 21a-152 of the general statutes is repealed and the | |
| 126 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 127 | - | (a) Each bakery, food warehouse and food manufacturing | |
| 128 | - | establishment shall be designed, constructed and operated as the | |
| 129 | - | Commissioner of Consumer Protection directs pursuant to sections | |
| 130 | - | 21a-151 to [21a-159] 21a-160, inclusive, as amended by this act, and | |
| 131 | - | chapter 418. The provisions of this subsection requiring the | |
| 132 | - | commissioner to direct the design and construction of a food | |
| 133 | - | warehouse shall not be required for a food warehouse that was | |
| 134 | - | registered in good standing pursuant to section 21a-160, as amended | |
| 135 | - | by this act, prior to October 1, 2019, provided the warehouse is in good | |
| 136 | - | repair so that stored food is properly protected and the premises is free Substitute House Bill No. 7299 | |
| 85 | + | 55, 26-56, 26-58 or 26-59, subdivision (1) of subsection (d) of section 26-55 | |
| 86 | + | 61, section 26-64, subdivision (1) of section 26-76, section 26-79, 26-87, 56 | |
| 87 | + | 26-89, 26-91, 26-94, 26-97, 26-98, 26-104, 26-105, 26-107, 26-117, 26-128, 57 | |
| 88 | + | 26-131, 26-132, 26-138 or 26-141, subdivision (1) of section 26-186, 58 | |
| 89 | + | section 26-207, 26-215, 26-217 or 26-224a, subdivision (1) of section 26-59 | |
| 90 | + | 226, section 26-227, 26-230, 26-232, 26-244, 26-257a, 26-260, 26-276, 26-60 | |
| 91 | + | 284, 26-285, 26-286, 26-288, 26-294, 28-13, 29-6a, 29-25, 29-143o, 29-143z 61 | |
| 92 | + | or 29-156a, subsection (b), (d), (e) or (g) of section 29-161q, section 29-62 | |
| 93 | + | 161y or 29-161z, subdivision (1) of section 29-198, section 29-210, 29-243 63 | |
| 94 | + | or 29-277, subsection (c) of section 29-291c, section 29-316, 29-318, 29-64 | |
| 95 | + | 381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 65 | |
| 96 | + | 31-18, 31-23, 31-24, 31-25, 31-32, 31-36, 31-38, 31-40, 31-44, 31-47, 31-48, 66 | |
| 97 | + | 31-51, 31-52, 31-52a or 31-54, subsection (a) or (c) of section 31-69, 67 | |
| 98 | + | section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 31-134, subsection 68 | |
| 99 | + | (i) of section 31-273, section 31-288, subdivision (1) of section 35-20, 69 | |
| 100 | + | section 36a-787, 42-230, 45a-283, 45a-450, 45a-634 or 45a-658, 70 | |
| 101 | + | subdivision (13) or (14) of section 46a-54, section 46a-59, 46b-22, 46b-24, 71 | |
| 102 | + | 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-133, 53-199, 53-212a, 53-249a, 53-72 | |
| 103 | + | 252, 53-264, 53-280, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-323, 53-73 | |
| 104 | + | 331 or 53-344, subsection (c) of section 53-344b, or section 53-450, or (2) 74 | |
| 105 | + | a violation under the provisions of chapter 268, or (3) a violation of any 75 | |
| 106 | + | regulation adopted in accordance with the provisions of section 12-484, 76 | |
| 107 | + | 12-487 or 13b-410, or (4) a violation of any ordinance, regulation or 77 | |
| 108 | + | bylaw of any town, city or borough, except violations of building codes 78 | |
| 109 | + | and the health code, for which the penalty exceeds ninety dollars but 79 | |
| 110 | + | does not exceed two hundred fifty dollars, unless such town, city or 80 | |
| 111 | + | borough has established a payment and hearing procedure for such 81 | |
| 112 | + | violation pursuant to section 7-152c, shall follow the procedures set 82 | |
| 113 | + | forth in this section. 83 | |
| 114 | + | Sec. 2. Subsection (b) of section 20-334 of the general statutes is 84 | |
| 115 | + | repealed and the following is substituted in lieu thereof (Effective 85 | |
| 116 | + | October 1, 2019): 86 | |
| 117 | + | (b) The Department of Consumer Protection shall furnish to each 87 Substitute Bill No. 7299 | |
| 137 | 118 | ||
| 138 | - | Public Act No. 19-177 5 of 51 | |
| 139 | 119 | ||
| 140 | - | of pests. Each bakery, food warehouse and food manufacturing | |
| 141 | - | establishment remains subject to the provisions of chapter 418. | |
| 142 | - | (b) No person, firm or corporation shall operate a bakery, food | |
| 143 | - | warehouse or food manufacturing establishment with the intent of | |
| 144 | - | producing or storing products for human consumption without having | |
| 145 | - | obtained from said commissioner a license. Application for such | |
| 146 | - | license shall be made on forms, furnished by the commissioner, | |
| 147 | - | showing the name and address of such bakery, food warehouse or | |
| 148 | - | food manufacturing establishment. Bakeries shall show the number of | |
| 149 | - | persons engaged in the production of bread and pastry products, | |
| 150 | - | excluding porters, dishwashers, drivers, sales personnel and other | |
| 151 | - | employees not directly engaged in such production. The commissioner | |
| 152 | - | shall cause an inspection to be made of the premises described in the | |
| 153 | - | application and, if conditions are found satisfactory, such license shall | |
| 154 | - | be issued. No person, firm or corporation operating a bakery, food | |
| 155 | - | warehouse or any agent, servant or employee thereof, shall refuse, | |
| 156 | - | hinder or otherwise interfere with access by the commissioner or his | |
| 157 | - | authorized representative for the purpose of conducting an inspection. | |
| 158 | - | No person, firm or corporation shall (1) sell or distribute bread, cakes, | |
| 159 | - | doughnuts, crullers, pies, cookies, crackers, spaghetti, macaroni or | |
| 160 | - | other food products, including frozen or canned baked goods made in | |
| 161 | - | whole or in part of flour or meal produced in any bakery located | |
| 162 | - | within or beyond the boundaries of this state, [or shall] (2) sell or | |
| 163 | - | distribute food produced in a food manufacturing establishment | |
| 164 | - | located within the boundaries of this state, or (3) store any food for | |
| 165 | - | wholesale distribution in a food warehouse, unless such bakery, food | |
| 166 | - | warehouse or food manufacturing establishment has obtained a license | |
| 167 | - | from said commissioner. Facilities licensed pursuant to chapter 417 as | |
| 168 | - | food vendors and frozen dessert vendors, and all facilities licensed | |
| 169 | - | pursuant to chapters 419a and 430 shall be exempt from such licensing | |
| 170 | - | requirement. The commissioner may promulgate regulations excepting | |
| 171 | - | out-of-state manufacturers of products, commonly known as cookies, Substitute House Bill No. 7299 | |
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| 121 | + | R01-HB.docx } | |
| 122 | + | 4 of 19 | |
| 172 | 123 | ||
| 173 | - | Public Act No. 19-177 6 of 51 | |
| 124 | + | qualified applicant a license certifying that the holder thereof is 88 | |
| 125 | + | entitled to engage in the work or occupation for which the person has 89 | |
| 126 | + | been issued a license under this chapter, and the holder of such license 90 | |
| 127 | + | shall carry it on his person while engaging in such work or occupation. 91 | |
| 128 | + | Such license shall be shown to any properly interested person on 92 | |
| 129 | + | request. No such license shall be transferred to or used by any person 93 | |
| 130 | + | other than the person to whom the license was issued. Contractors 94 | |
| 131 | + | [shall] that fail to display their state license number on all commercial 95 | |
| 132 | + | vehicles used in their business and [shall display such number] in a 96 | |
| 133 | + | conspicuous manner on all [printed] advertisements, bid proposals, 97 | |
| 134 | + | contracts, invoices and on all stationery used in their business may be 98 | |
| 135 | + | fined not more than five hundred dollars per violation. The 99 | |
| 136 | + | department shall keep a register in which shall be entered the names of 100 | |
| 137 | + | all persons to whom such licenses are issued. The register shall be at all 101 | |
| 138 | + | times open to public inspection. 102 | |
| 139 | + | Sec. 3. Section 14-318 of the general statutes is repealed and the 103 | |
| 140 | + | following is substituted in lieu thereof (Effective January 1, 2020): 104 | |
| 141 | + | Terms used in this chapter shall be construed as follows, unless 105 | |
| 142 | + | another construction is clearly apparent from the language or context 106 | |
| 143 | + | in which the term is used or unless the construction is inconsistent 107 | |
| 144 | + | with the manifest intention of the General Assembly: 108 | |
| 145 | + | (1) The following terms shall be construed as they are defined in 109 | |
| 146 | + | section 14-1: "Fuels", "motor vehicle" and "person"; 110 | |
| 147 | + | (2) "Commissioner" means the Commissioner of Cons umer 111 | |
| 148 | + | Protection or any assistant to the Commissioner of Consumer 112 | |
| 149 | + | Protection who is designated and authorized by, and who is acting for, 113 | |
| 150 | + | the Commissioner of Consumer Protection; 114 | |
| 151 | + | (3) "Distributor" means any person, wherever resident or located, 115 | |
| 152 | + | who imports fuels or causes fuels to be imported into this state, for sale 116 | |
| 153 | + | or use; a person who produces, refines, manufactures or compounds 117 | |
| 154 | + | fuels within this state; and a person who distributes gasoline by tank 118 Substitute Bill No. 7299 | |
| 174 | 155 | ||
| 175 | - | crackers, brown bread or plum puddings in hermetically sealed | |
| 176 | - | containers and other similar products, from the license provisions of | |
| 177 | - | this section. Such license shall be valid for one year and a fee therefor | |
| 178 | - | shall be collected as follows: From a person, firm or corporation | |
| 179 | - | owning or conducting a bakery in which there are four persons or | |
| 180 | - | fewer engaged in the production of bread and pastry products, twenty | |
| 181 | - | dollars; in which there are not fewer than five nor more than nine | |
| 182 | - | persons so engaged, forty dollars; in which there are not fewer than ten | |
| 183 | - | nor more than twenty-four persons so engaged, one hundred dollars; | |
| 184 | - | in which there are not fewer than twenty-five nor more than ninety- | |
| 185 | - | nine persons so engaged, two hundred dollars; in which there are | |
| 186 | - | more than one hundred persons so engaged, two hundred fifty dollars. | |
| 187 | - | The fee for a food manufacturer license shall be twenty dollars | |
| 188 | - | annually. No prior inspection by the commissioner shall be necessary | |
| 189 | - | for a food warehouse registered under section 21a-160, as amended by | |
| 190 | - | this act, prior to October 1, 2019, which is required to transfer its | |
| 191 | - | registration to a new license under the provisions of this subsection. | |
| 192 | - | (c) A bakery, food warehouse or food manufacturer license may be | |
| 193 | - | revoked by said commissioner for violation of sections 21a-151 to [21a- | |
| 194 | - | 159] 21a-160, inclusive, as amended by this act, after a hearing | |
| 195 | - | conducted in accordance with chapter 54. In addition, a bakery or food | |
| 196 | - | manufacturer license may be summarily suspended pending a hearing | |
| 197 | - | if said commissioner has reason to believe that the public health, safety | |
| 198 | - | or welfare imperatively requires emergency action. Within ten days | |
| 199 | - | following the suspension order said commissioner shall cause to be | |
| 200 | - | held a hearing which shall be conducted in accordance with the | |
| 201 | - | provisions of said chapter 54. Following said hearing said | |
| 202 | - | commissioner shall dissolve such suspension or order revocation of the | |
| 203 | - | bakery, food warehouse or food manufacturer license. Any person, | |
| 204 | - | firm or corporation whose license has been revoked may make | |
| 205 | - | application for a new license and said commissioner shall act on such | |
| 206 | - | application within thirty days of receipt. The costs of any inspections Substitute House Bill No. 7299 | |
| 207 | 156 | ||
| 208 | - | Public Act No. 19-177 7 of 51 | |
| 157 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- | |
| 158 | + | R01-HB.docx } | |
| 159 | + | 5 of 19 | |
| 209 | 160 | ||
| 210 | - | necessary to determine whether or not an applicant, whose license has | |
| 211 | - | been revoked, is entitled to have a new license granted shall be borne | |
| 212 | - | by the applicant at such rates as the commissioner may determine. | |
| 213 | - | Said commissioner may refuse to grant any bakery, food warehouse or | |
| 214 | - | food manufacturer license if he or she finds that the applicant has | |
| 215 | - | evidenced a pattern of noncompliance with the provisions of sections | |
| 216 | - | 21a-151 to [21a-159] 21a-160, inclusive, as amended by this act. Prima | |
| 217 | - | facie evidence of a pattern of noncompliance shall be established if said | |
| 218 | - | commissioner shows that the applicant has had two or more bakery, | |
| 219 | - | food warehouse or food manufacturer licenses revoked. | |
| 220 | - | (d) All vehicles used in the transportation of bakery or food | |
| 221 | - | warehouse products shall be kept in a sanitary condition and shall | |
| 222 | - | have the name and address of the bakery, or food warehouse owner, | |
| 223 | - | operator or distributor legibly printed on both sides. Each | |
| 224 | - | compartment in which unwrapped bakery or food warehouse | |
| 225 | - | products are transported shall be enclosed in a manner approved by | |
| 226 | - | the commissioner. | |
| 227 | - | (e) The provisions of this section shall not prevent local health | |
| 228 | - | authorities from enforcing orders or regulations concerning the | |
| 229 | - | sanitary condition of bakeries. [or food manufacturing establishments.] | |
| 230 | - | (f) Any person who desires to obtain a license under the provisions | |
| 231 | - | of sections 21a-151 to [21a-159] 21a-160, inclusive, as amended by this | |
| 232 | - | act, shall first obtain and present to the commissioner a certificate of | |
| 233 | - | approval of the location for which such license is desired. The | |
| 234 | - | certificate of approval shall be obtained from the zoning commission, | |
| 235 | - | planning and zoning commission or local authority of the town, city or | |
| 236 | - | borough in which the facility is located or is proposed to be located. A | |
| 237 | - | certificate of approval shall not be required in the case of the transfer | |
| 238 | - | of the last issued license from one person to another or in the case of a | |
| 239 | - | renewal of a license by the holder of the license. The commissioner | |
| 240 | - | shall not issue any license under the provisions of sections 21a-151 to Substitute House Bill No. 7299 | |
| 161 | + | wagon in this state; 119 | |
| 162 | + | (4) "Local authority" means the selectmen or town manager of a 120 | |
| 163 | + | town, the mayor of a city or the warden of a borough or other board or 121 | |
| 164 | + | authority designated by local charter, regulation or ordinance, except 122 | |
| 165 | + | in any town or city having a zoning commission and a board of 123 | |
| 166 | + | appeals, "local authority" means the board of appeals; 124 | |
| 167 | + | (5) "United States Government Motor Gasoline" means gasoline 125 | |
| 168 | + | which is or may be prescribed by the federal specification board of the 126 | |
| 169 | + | United States government for use as fuel for motor vehicle, motor boat 127 | |
| 170 | + | and similar engines; 128 | |
| 171 | + | (6) "United States Aviation Gasoline, Domestic Grade" means that 129 | |
| 172 | + | gasoline which is or may be prescribed by the federal specification 130 | |
| 173 | + | board of the United States government for use as aviation fuel; [and] 131 | |
| 174 | + | (7) "Retail dealer" means any person operating a service station, 132 | |
| 175 | + | filling station, store, garage or other place of business for the sale of 133 | |
| 176 | + | motor fuel for delivery into the service tank or tanks of any vehicle 134 | |
| 177 | + | propelled by an internal combustion engine; [.] and 135 | |
| 178 | + | (8) "On-demand mobile fueling" means the delivery of gasoline 136 | |
| 179 | + | directly from a mobile tank truck to the fuel tank of a motor vehicle. 137 | |
| 180 | + | Sec. 4. Subsection (a) of section 14-319 of the general statutes is 138 | |
| 181 | + | repealed and the following is substituted in lieu thereof (Effective 139 | |
| 182 | + | January 1, 2020): 140 | |
| 183 | + | (a) No person shall sell or offer for sale any gasoline or other 141 | |
| 184 | + | product intended for use in the propelling of motor vehicles using 142 | |
| 185 | + | combustion type engines over the highways of this state without 143 | |
| 186 | + | having applied for and received from the commissioner a license to sell 144 | |
| 187 | + | such gasoline or other product. Each person applying for any such 145 | |
| 188 | + | license shall, in such application, state the location of each place or 146 | |
| 189 | + | station where such person intends to sell or offer for sale any such 147 | |
| 190 | + | gasoline or other product, or, if an on-demand mobile fueling 148 Substitute Bill No. 7299 | |
| 241 | 191 | ||
| 242 | - | Public Act No. 19-177 8 of 51 | |
| 243 | 192 | ||
| 244 | - | [21a-159] 21a-160, inclusive, as amended by this act, for which a | |
| 245 | - | certificate of approval is required until such certificate of approval is | |
| 246 | - | obtained by the license applicant. The provisions of this subsection | |
| 247 | - | requiring a certificate of approval from the zoning commission or | |
| 248 | - | other local authority shall not apply to any food warehouse that was | |
| 249 | - | registered in good standing pursuant to section 21a-160, as amended | |
| 250 | - | by this act, prior to October 1, 2019. | |
| 251 | - | Sec. 4. Section 21a-156 of the general statutes is repealed and the | |
| 252 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 253 | - | The commissioner shall, from time to time, after inquiry and public | |
| 254 | - | hearing, adopt and promulgate regulations to supplement and give | |
| 255 | - | full effect to the provisions of sections 21a-151 to [21a-159] 21a-160, | |
| 256 | - | inclusive, as amended by this act. Such regulations, among other | |
| 257 | - | things, may establish sanitary requirements pertaining to the | |
| 258 | - | manufacture and distribution of bread and pastry products. Such | |
| 259 | - | regulations may also cover provisions restricting the sale of dangerous, | |
| 260 | - | harmful and unwholesome bread and pastry products, the labeling of | |
| 261 | - | bread and pastry products, the inspection of bakeries and the | |
| 262 | - | establishment of costs for special inspections. The commissioner shall | |
| 263 | - | annually review the amounts of bakery and food warehouse license | |
| 264 | - | fees referred to in subsection (b) of section 21a-152, as amended by this | |
| 265 | - | act, and shall increase such fees in order to reflect the costs to the | |
| 266 | - | department of carrying out the provisions of sections 21a-151 to [21a- | |
| 267 | - | 159] 21a-160, inclusive, as amended by this act. | |
| 268 | - | Sec. 5. Section 21a-157 of the general statutes is repealed and the | |
| 269 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 270 | - | No employer shall knowingly permit to work in his or her bakery, | |
| 271 | - | food warehouse or food manufacturing establishment any person who | |
| 272 | - | is affected with any pathogen that is contained in the Centers for | |
| 273 | - | Disease Control and Prevention's "List of Infectious and Substitute House Bill No. 7299 | |
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| 194 | + | R01-HB.docx } | |
| 195 | + | 6 of 19 | |
| 274 | 196 | ||
| 275 | - | Public Act No. 19-177 9 of 51 | |
| 197 | + | operation is seeking licensure in accordance with chapter 14 of the 149 | |
| 198 | + | National Fire Protection Association Standard 30A, state the business 150 | |
| 199 | + | location and service area of such operation. Each such license shall be 151 | |
| 200 | + | renewed annually. A license fee for each such place or station shall be 152 | |
| 201 | + | charged as follows: For each station at a fixed location containing one 153 | |
| 202 | + | pump, one hundred dollars; and, for each station containing more than 154 | |
| 203 | + | one pump, one hundred dollars, plus twenty-eight dollars for each 155 | |
| 204 | + | pump in excess of one, and for each on-demand mobile fueling 156 | |
| 205 | + | operation, five hundred dollars for the first mobile tank truck and one 157 | |
| 206 | + | hundred dollars for each additional mobile tank truck. The fees shall 158 | |
| 207 | + | be paid to the commissioner. 159 | |
| 208 | + | Sec. 5. Section 21a-152 of the general statutes is repealed and the 160 | |
| 209 | + | following is substituted in lieu thereof (Effective October 1, 2019): 161 | |
| 210 | + | (a) Each bakery, food warehouse and food manufacturing 162 | |
| 211 | + | establishment shall be designed, constructed and operated as the 163 | |
| 212 | + | Commissioner of Consumer Protection directs pursuant to sections 164 | |
| 213 | + | 21a-151 to [21a-159] 21a-160, inclusive, as amended by this act, and 165 | |
| 214 | + | chapter 418. 166 | |
| 215 | + | (b) No person, firm or corporation shall operate a bakery, food 167 | |
| 216 | + | warehouse or food manufacturing establishment with the intent of 168 | |
| 217 | + | producing or storing products for human consumption without having 169 | |
| 218 | + | obtained from said commissioner a license. Application for such 170 | |
| 219 | + | license shall be made on forms, furnished by the commissioner, 171 | |
| 220 | + | showing the name and address of such bakery, food warehouse or 172 | |
| 221 | + | food manufacturing establishment. Bakeries shall show the number of 173 | |
| 222 | + | persons engaged in the production of bread and pastry products, 174 | |
| 223 | + | excluding porters, dishwashers, drivers, sales personnel and other 175 | |
| 224 | + | employees not directly engaged in such production. The commissioner 176 | |
| 225 | + | shall cause an inspection to be made of the premises described in the 177 | |
| 226 | + | application and, if conditions are found satisfactory, such license shall 178 | |
| 227 | + | be issued. No person, firm or corporation operating a bakery, food 179 | |
| 228 | + | warehouse or any agent, servant or employee thereof, shall refuse, 180 | |
| 229 | + | hinder or otherwise interfere with access by the commissioner or his 181 Substitute Bill No. 7299 | |
| 276 | 230 | ||
| 277 | - | Communicable Diseases which are Transmitted Through the Food | |
| 278 | - | Supply", as amended from time to time, except in those cases in which | |
| 279 | - | the director of health has given written authorization stating that the | |
| 280 | - | public health is not endangered, and each employer shall maintain | |
| 281 | - | himself or herself and his or her employees in a clean and sanitary | |
| 282 | - | condition, with clean, washable outer clothing, while engaged in the | |
| 283 | - | manufacture, handling or sale of food products. The commissioner or | |
| 284 | - | his or her authorized agents may order any person employed in a | |
| 285 | - | bakery, food warehouse or food manufacturing establishment to be | |
| 286 | - | examined by a licensed physician if he or she has reason to believe that | |
| 287 | - | such employee has a condition that may transmit a food-borne illness. | |
| 288 | - | No person shall be allowed to smoke in a bakery, food warehouse or | |
| 289 | - | food manufacturing establishment while in the performance of his or | |
| 290 | - | her duty. | |
| 291 | - | Sec. 6. Section 21a-158 of the general statutes is repealed and the | |
| 292 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 293 | - | The owner, agent or lessee of any property used as a bakery, food | |
| 294 | - | warehouse or food manufacturing establishment shall, within thirty | |
| 295 | - | days after the service of notice upon him or her of an order issued by | |
| 296 | - | the Commissioner of Consumer Protection, comply therewith or cease | |
| 297 | - | to use or allow the use of such premises as a bakery, food warehouse | |
| 298 | - | or food manufacturing establishment. Such notice shall be in writing | |
| 299 | - | and may be served upon such owner, agent or lessee, either personally | |
| 300 | - | or by mail, and a notice by registered or certified letter, mailed to the | |
| 301 | - | last-known address of such owner, agent or lessee, shall be sufficient | |
| 302 | - | service. | |
| 303 | - | Sec. 7. Section 21a-159 of the general statutes is repealed and the | |
| 304 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 305 | - | (a) Any person who violates any provision of sections 21a-151 to | |
| 306 | - | [21a-159] 21a-160, inclusive, as amended by this act, or any regulation Substitute House Bill No. 7299 | |
| 307 | 231 | ||
| 308 | - | Public Act No. 19-177 10 of 51 | |
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| 233 | + | R01-HB.docx } | |
| 234 | + | 7 of 19 | |
| 309 | 235 | ||
| 310 | - | made thereunder, or fails to comply with an order of the | |
| 311 | - | Commissioner of Consumer Protection, shall (1) for a first offense, be | |
| 312 | - | fined not more than two hundred fifty dollars, and (2) for any | |
| 313 | - | subsequent offense, be guilty of a class D misdemeanor. | |
| 314 | - | (b) The commissioner may apply to the Superior Court for and such | |
| 315 | - | court may, upon hearing and for cause shown, grant a temporary or | |
| 316 | - | permanent injunction enjoining any person from operating a bakery, | |
| 317 | - | food warehouse or food manufacturing establishment without a | |
| 318 | - | license issued in accordance with sections 21a-151 to [21a-159] 21a-160, | |
| 319 | - | inclusive, as amended by this act, irrespective of whether or not there | |
| 320 | - | exists an adequate remedy at law. The commissioner also may apply to | |
| 321 | - | the Superior Court for, and such court shall have jurisdiction to grant, | |
| 322 | - | a temporary restraining order pending a hearing. Such application for | |
| 323 | - | injunctive or other appropriate relief shall be brought by the Attorney | |
| 324 | - | General. | |
| 325 | - | (c) The Commissioner of Consumer Protection, after providing | |
| 326 | - | notice and conducting a hearing in accordance with the provisions of | |
| 327 | - | chapter 54, may issue a warning citation or impose a civil penalty of | |
| 328 | - | not more than one hundred dollars for the first offense and not more | |
| 329 | - | than five hundred dollars for each subsequent offense on any person | |
| 330 | - | who violates any provision of sections 21a-151 to [21a-159] 21a-160, | |
| 331 | - | inclusive, as amended by this act, or any regulation adopted pursuant | |
| 332 | - | to section 21a-156, as amended by this act. | |
| 333 | - | Sec. 8. Section 21a-160 of the general statutes is repealed and the | |
| 334 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 335 | - | No person, firm or corporation shall operate a food warehouse | |
| 336 | - | without having obtained a [certificate of registration] license from the | |
| 337 | - | Commissioner of Consumer Protection. Application for a [certificate of | |
| 338 | - | registration] license shall be on forms prescribed by the commissioner. | |
| 339 | - | The commissioner shall issue a [certificate of registration] license to an Substitute House Bill No. 7299 | |
| 236 | + | authorized representative for the purpose of conducting an inspection. 182 | |
| 237 | + | No person, firm or corporation shall (1) sell or distribute bread, cakes, 183 | |
| 238 | + | doughnuts, crullers, pies, cookies, crackers, spaghetti, macaroni or 184 | |
| 239 | + | other food products, including frozen or canned baked goods made in 185 | |
| 240 | + | whole or in part of flour or meal produced in any bakery located 186 | |
| 241 | + | within or beyond the boundaries of this state, [or shall] (2) sell or 187 | |
| 242 | + | distribute food produced in a food manufacturing establishment 188 | |
| 243 | + | located within the boundaries of this state, or (3) store any food for 189 | |
| 244 | + | wholesale distribution in a food warehouse, unless such bakery or 190 | |
| 245 | + | food manufacturing establishment has obtained a license from said 191 | |
| 246 | + | commissioner. Facilities licensed pursuant to chapter 417 as food 192 | |
| 247 | + | vendors and frozen dessert vendors, and all facilities licensed pursuant 193 | |
| 248 | + | to chapters 419a and 430 shall be exempt from such licensing 194 | |
| 249 | + | requirement. The commissioner may promulgate regulations excepting 195 | |
| 250 | + | out-of-state manufacturers of products, commonly known as cookies, 196 | |
| 251 | + | crackers, brown bread or plum puddings in hermetically sealed 197 | |
| 252 | + | containers and other similar products, from the license provisions of 198 | |
| 253 | + | this section. Such license shall be valid for one year and a fee therefor 199 | |
| 254 | + | shall be collected as follows: From a person, firm or corporation 200 | |
| 255 | + | owning or conducting a bakery in which there are four persons or 201 | |
| 256 | + | fewer engaged in the production of bread and pastry products, twenty 202 | |
| 257 | + | dollars; in which there are not fewer than five nor more than nine 203 | |
| 258 | + | persons so engaged, forty dollars; in which there are not fewer than ten 204 | |
| 259 | + | nor more than twenty-four persons so engaged, one hundred dollars; 205 | |
| 260 | + | in which there are not fewer than twenty-five nor more than ninety-206 | |
| 261 | + | nine persons so engaged, two hundred dollars; in which there are 207 | |
| 262 | + | more than one hundred persons so engaged, two hundred fifty dollars. 208 | |
| 263 | + | The fee for a food manufacturer license shall be twenty dollars 209 | |
| 264 | + | annually. 210 | |
| 265 | + | (c) A bakery, food warehouse or food manufacturer license may be 211 | |
| 266 | + | revoked by said commissioner for violation of sections 21a-151 to [21a-212 | |
| 267 | + | 159] 21a-160, inclusive, as amended by this act, after a hearing 213 | |
| 268 | + | conducted in accordance with chapter 54. In addition, a bakery or food 214 | |
| 269 | + | manufacturer license may be summarily suspended pending a hearing 215 Substitute Bill No. 7299 | |
| 340 | 270 | ||
| 341 | - | Public Act No. 19-177 11 of 51 | |
| 342 | 271 | ||
| 343 | - | applicant who has completed such forms to the satisfaction of the | |
| 344 | - | commissioner and has paid the [registration] license fee. A [certificate | |
| 345 | - | of registration] license shall be valid for one year and the fee for such | |
| 346 | - | [certificate of registration] license shall be twenty dollars. | |
| 347 | - | Sec. 9. Section 20-330 of the general statutes is repealed and the | |
| 348 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 349 | - | As used in this chapter: | |
| 350 | - | (1) "Contractor" means any person regularly offering to the general | |
| 351 | - | public services of such person or such person's employees in the field | |
| 352 | - | of electrical work, plumbing and piping work, solar work, heating, | |
| 353 | - | piping, cooling and sheet metal work, fire protection sprinkler systems | |
| 354 | - | work, elevator installation, repair and maintenance work, irrigation | |
| 355 | - | work, automotive glass work or flat glass work, as defined in this | |
| 356 | - | section; | |
| 357 | - | (2) "Electrical work" means the installation, erection, maintenance, | |
| 358 | - | inspection, testing, alteration or repair of any wire, cable, conduit, | |
| 359 | - | busway, raceway, support, insulator, conductor, appliance, apparatus, | |
| 360 | - | fixture or equipment that generates, transforms, transmits or uses | |
| 361 | - | electrical energy for light, heat, power or other purposes, but does not | |
| 362 | - | include low voltage wiring, not exceeding twenty-four volts, used | |
| 363 | - | within a lawn sprinkler system; | |
| 364 | - | (3) "Plumbing and piping work" means the installation, repair, | |
| 365 | - | replacement, alteration, [or] maintenance, inspection or testing of gas, | |
| 366 | - | water and associated fixtures, tubing and piping mains and branch | |
| 367 | - | lines up to and including the closest valve to a machine or equipment | |
| 368 | - | used in the manufacturing process, laboratory equipment, sanitary | |
| 369 | - | equipment, other than subsurface sewage disposal systems, fire | |
| 370 | - | prevention apparatus, all water systems for human usage, sewage | |
| 371 | - | treatment facilities and all associated fittings within a building and Substitute House Bill No. 7299 | |
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| 273 | + | R01-HB.docx } | |
| 274 | + | 8 of 19 | |
| 372 | 275 | ||
| 373 | - | Public Act No. 19-177 12 of 51 | |
| 276 | + | if said commissioner has reason to believe that the public health, safety 216 | |
| 277 | + | or welfare imperatively requires emergency action. Within ten days 217 | |
| 278 | + | following the suspension order said commissioner shall cause to be 218 | |
| 279 | + | held a hearing which shall be conducted in accordance with the 219 | |
| 280 | + | provisions of said chapter 54. Following said hearing said 220 | |
| 281 | + | commissioner shall dissolve such suspension or order revocation of the 221 | |
| 282 | + | bakery, food warehouse or food manufacturer license. Any person, 222 | |
| 283 | + | firm or corporation whose license has been revoked may make 223 | |
| 284 | + | application for a new license and said commissioner shall act on such 224 | |
| 285 | + | application within thirty days of receipt. The costs of any inspections 225 | |
| 286 | + | necessary to determine whether or not an applicant, whose license has 226 | |
| 287 | + | been revoked, is entitled to have a new license granted shall be borne 227 | |
| 288 | + | by the applicant at such rates as the commissioner may determine. 228 | |
| 289 | + | Said commissioner may refuse to grant any bakery, food warehouse or 229 | |
| 290 | + | food manufacturer license if he or she finds that the applicant has 230 | |
| 291 | + | evidenced a pattern of noncompliance with the provisions of sections 231 | |
| 292 | + | 21a-151 to [21a-159] 21a-160, inclusive, as amended by this act. Prima 232 | |
| 293 | + | facie evidence of a pattern of noncompliance shall be established if said 233 | |
| 294 | + | commissioner shows that the applicant has had two or more bakery, 234 | |
| 295 | + | food warehouse or food manufacturer licenses revoked. 235 | |
| 296 | + | (d) All vehicles used in the transportation of bakery or food 236 | |
| 297 | + | warehouse products shall be kept in a sanitary condition and shall 237 | |
| 298 | + | have the name and address of the bakery, or food warehouse owner, 238 | |
| 299 | + | operator or distributor legibly printed on both sides. Each 239 | |
| 300 | + | compartment in which unwrapped bakery or food warehouse 240 | |
| 301 | + | products are transported shall be enclosed in a manner approved by 241 | |
| 302 | + | the commissioner. 242 | |
| 303 | + | (e) The provisions of this section shall not prevent local health 243 | |
| 304 | + | authorities from enforcing orders or regulations concerning the 244 | |
| 305 | + | sanitary condition of bakeries. [or food manufacturing establishments.] 245 | |
| 306 | + | (f) Any person who desires to obtain a license under the provisions 246 | |
| 307 | + | of sections 21a-151 to [21a-159] 21a-160, inclusive, as amended by this 247 | |
| 308 | + | act, shall first obtain and present to the commissioner a certificate of 248 Substitute Bill No. 7299 | |
| 374 | 309 | ||
| 375 | - | includes lateral storm and sanitary lines from buildings to the mains, | |
| 376 | - | process piping, swimming pools and pumping equipment, and | |
| 377 | - | includes making connections to back flow prevention devices, and | |
| 378 | - | includes low voltage wiring, not exceeding twenty-four volts, used | |
| 379 | - | within a lawn sprinkler system, but does not include (A) solar thermal | |
| 380 | - | work performed pursuant to a certificate held as provided in section | |
| 381 | - | 20-334g, except for the repair of those portions of a solar hot water | |
| 382 | - | heating system that include the basic domestic hot water tank and the | |
| 383 | - | tie-in to the potable water system, (B) the installation, repair, | |
| 384 | - | replacement, alteration, [or] maintenance, inspection or testing of fire | |
| 385 | - | prevention apparatus within a structure, except for standpipes that are | |
| 386 | - | not connected to sprinkler systems, (C) medical gas and vacuum | |
| 387 | - | systems work, and (D) millwright work. For the purposes of this | |
| 388 | - | subdivision, "process piping" means piping or tubing that conveys | |
| 389 | - | liquid or gas that is used directly in the production of a chemical or a | |
| 390 | - | product for human consumption; | |
| 391 | - | (4) "Solar thermal work" means the installation, erection, repair, | |
| 392 | - | replacement, alteration, [or] maintenance, inspection or testing of | |
| 393 | - | active, passive and hybrid solar systems that directly convert ambient | |
| 394 | - | energy into heat or convey, store or distribute such ambient energy; | |
| 395 | - | (5) "Heating, piping and cooling work" means (A) the installation, | |
| 396 | - | repair, replacement, maintenance, inspection, testing or alteration of | |
| 397 | - | any apparatus for piping, appliances, devices or accessories for heating | |
| 398 | - | systems, including sheet metal work, (B) the installation, repair, | |
| 399 | - | replacement, maintenance, inspection, testing or alteration of air | |
| 400 | - | conditioning and refrigeration systems, boilers, including apparatus | |
| 401 | - | and piping for the generation or conveyance of steam and associated | |
| 402 | - | pumping equipment and process piping and the installation of tubing | |
| 403 | - | and piping mains and branch lines up to and including the closest | |
| 404 | - | valve to a machine or equipment used in the manufacturing process [,] | |
| 405 | - | and onsite testing and balancing of hydronic, steam and combustion Substitute House Bill No. 7299 | |
| 406 | 310 | ||
| 407 | - | Public Act No. 19-177 13 of 51 | |
| 311 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- | |
| 312 | + | R01-HB.docx } | |
| 313 | + | 9 of 19 | |
| 408 | 314 | ||
| 409 | - | air, but excluding millwright work, and (C) on-site operation, by | |
| 410 | - | manipulating, adjusting or controlling, with sufficient technical | |
| 411 | - | knowledge, as determined by the commissioner, (i) heating systems | |
| 412 | - | with a steam or water boiler maximum operating pressure of fifteen | |
| 413 | - | pounds per square inch gauge or greater, or (ii) air conditioning or | |
| 414 | - | refrigeration systems with an aggregate of more than fifty horsepower | |
| 415 | - | or kilowatt equivalency of fifty horsepower or of two hundred pounds | |
| 416 | - | of refrigerant. Heating, piping and cooling work does not include solar | |
| 417 | - | thermal work performed pursuant to a certificate held as provided in | |
| 418 | - | section 20-334g, or medical gas and vacuum systems work or the | |
| 419 | - | passive monitoring of heating, air conditioning or refrigeration | |
| 420 | - | systems. For the purposes of this subdivision, "process piping" means | |
| 421 | - | piping or tubing that conveys liquid or gas that is used directly in the | |
| 422 | - | production of a chemical or a product for human consumption; | |
| 423 | - | (6) "Apprentice" means any person registered with the Labor | |
| 424 | - | Department for the purpose of learning a skilled trade; | |
| 425 | - | (7) "Elevator installation, repair and maintenance work" means the | |
| 426 | - | installation, erection, maintenance, inspection, testing and repair of all | |
| 427 | - | types of elevators, dumb waiters, escalators, and moving walks and all | |
| 428 | - | mechanical equipment, fittings, associated piping and wiring from a | |
| 429 | - | source of supply brought to the equipment room by an unlimited | |
| 430 | - | electrical contractor for all types of machines used to hoist or convey | |
| 431 | - | persons or materials, but does not include temporary hoisting | |
| 432 | - | machines used for hoisting materials in connection with any | |
| 433 | - | construction job or project, provided "elevator inspection" includes the | |
| 434 | - | visual examination of an elevator system or portion of a system, with | |
| 435 | - | or without the disassembly or removal of component parts; | |
| 436 | - | (8) "Elevator maintenance" means the lubrication, inspection, testing | |
| 437 | - | and replacement of controls, hoistway and car parts; | |
| 438 | - | (9) "Fire protection sprinkler systems work" means the layout, on- Substitute House Bill No. 7299 | |
| 315 | + | approval of the location for which such license is desired. The 249 | |
| 316 | + | certificate of approval shall be obtained from the zoning commission, 250 | |
| 317 | + | planning and zoning commission or local authority of the town, city or 251 | |
| 318 | + | borough in which the facility is located or is proposed to be located. A 252 | |
| 319 | + | certificate of approval shall not be required in the case of the transfer 253 | |
| 320 | + | of the last issued license from one person to another or in the case of a 254 | |
| 321 | + | renewal of a license by the holder of the license. The commissioner 255 | |
| 322 | + | shall not issue any license under the provisions of sections 21a-151 to 256 | |
| 323 | + | [21a-159] 21a-160, inclusive, as amended by this act, for which a 257 | |
| 324 | + | certificate of approval is required until such certificate of approval is 258 | |
| 325 | + | obtained by the license applicant. 259 | |
| 326 | + | Sec. 6. Section 21a-156 of the general statutes is repealed and the 260 | |
| 327 | + | following is substituted in lieu thereof (Effective October 1, 2019): 261 | |
| 328 | + | The commissioner shall, from time to time, after inquiry and public 262 | |
| 329 | + | hearing, adopt and promulgate regulations to supplement and give 263 | |
| 330 | + | full effect to the provisions of sections 21a-151 to [21a-159] 21a-160, 264 | |
| 331 | + | inclusive, as amended by this act. Such regulations, among other 265 | |
| 332 | + | things, may establish sanitary requirements pertaining to the 266 | |
| 333 | + | manufacture and distribution of bread and pastry products. Such 267 | |
| 334 | + | regulations may also cover provisions restricting the sale of dangerous, 268 | |
| 335 | + | harmful and unwholesome bread and pastry products, the labeling of 269 | |
| 336 | + | bread and pastry products, the inspection of bakeries and the 270 | |
| 337 | + | establishment of costs for special inspections. The commissioner shall 271 | |
| 338 | + | annually review the amounts of bakery and food warehouse license 272 | |
| 339 | + | fees referred to in subsection (b) of section 21a-152 and shall increase 273 | |
| 340 | + | such fees in order to reflect the costs to the department of carrying out 274 | |
| 341 | + | the provisions of sections 21a-151 to [21a-159] 21a-160, inclusive, as 275 | |
| 342 | + | amended by this act. 276 | |
| 343 | + | Sec. 7. Section 21a-157 of the general statutes is repealed and the 277 | |
| 344 | + | following is substituted in lieu thereof (Effective October 1, 2019): 278 | |
| 345 | + | No employer shall knowingly permit to work in his or her bakery, 279 | |
| 346 | + | food warehouse or food manufacturing establishment any person who 280 Substitute Bill No. 7299 | |
| 439 | 347 | ||
| 440 | - | Public Act No. 19-177 14 of 51 | |
| 441 | 348 | ||
| 442 | - | site fabrication, installation, alteration, maintenance, inspection, testing | |
| 443 | - | or repair of any automatic or manual sprinkler system designed for the | |
| 444 | - | protection of the interior or exterior of a building or structure from fire, | |
| 445 | - | or any piping or tubing and appurtenances and equipment pertaining | |
| 446 | - | to such system including overhead and underground water mains, fire | |
| 447 | - | hydrants and hydrant mains, standpipes and hose connections to | |
| 448 | - | sprinkler systems, sprinkler tank heaters excluding electrical wiring, | |
| 449 | - | air lines and thermal systems used in connection with sprinkler and | |
| 450 | - | alarm systems connected thereto, foam extinguishing systems or | |
| 451 | - | special hazard systems including water spray, foam, carbon dioxide or | |
| 452 | - | dry chemical systems, halon and other liquid or gas fire suppression | |
| 453 | - | systems, but does not include (A) any engineering design work | |
| 454 | - | connected with the layout of fire protection sprinkler systems, or (B) | |
| 455 | - | any work performed by employees of or contractors hired by a public | |
| 456 | - | water system, as defined in subsection (a) of section 25-33d; | |
| 457 | - | (10) "State Fire Marshal" means the State Fire Marshal appointed by | |
| 458 | - | the Commissioner of Administrative Services; | |
| 459 | - | (11) "Journeyman sprinkler fitter" means a specialized pipe fitter | |
| 460 | - | craftsman, experienced and skilled in the installation, alteration, | |
| 461 | - | maintenance and repair of fire protection sprinkler systems; | |
| 462 | - | (12) "Irrigation work" means making the connections to and the | |
| 463 | - | inspection and testing of back flow prevention devices, and low | |
| 464 | - | voltage wiring, not exceeding twenty-four volts, used within a lawn | |
| 465 | - | sprinkler system; | |
| 466 | - | (13) "Sheet metal work" means the onsite layout, installation, | |
| 467 | - | erection, replacement, repair or alteration, including, but not limited | |
| 468 | - | to, onsite testing and balancing of related life safety components, | |
| 469 | - | environmental air, heating, ventilating and air conditioning systems by | |
| 470 | - | manipulating, adjusting or controlling such systems for optimum | |
| 471 | - | balance performance of any duct work system, ferrous, nonferrous or Substitute House Bill No. 7299 | |
| 349 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- | |
| 350 | + | R01-HB.docx } | |
| 351 | + | 10 of 19 | |
| 472 | 352 | ||
| 473 | - | Public Act No. 19-177 15 of 51 | |
| 353 | + | is affected with any pathogen that is contained in the Centers for 281 | |
| 354 | + | Disease Control and Prevention's "List of Infectious and 282 | |
| 355 | + | Communicable Diseases which are Transmitted Through the Food 283 | |
| 356 | + | Supply", as amended from time to time, except in those cases in which 284 | |
| 357 | + | the director of health has given written authorization stating that the 285 | |
| 358 | + | public health is not endangered, and each employer shall maintain 286 | |
| 359 | + | himself or herself and his or her employees in a clean and sanitary 287 | |
| 360 | + | condition, with clean, washable outer clothing, while engaged in the 288 | |
| 361 | + | manufacture, handling or sale of food products. The commissioner or 289 | |
| 362 | + | his or her authorized agents may order any person employed in a 290 | |
| 363 | + | bakery, food warehouse or food manufacturing establishment to be 291 | |
| 364 | + | examined by a licensed physician if he or she has reason to believe that 292 | |
| 365 | + | such employee has a condition that may transmit a food-borne illness. 293 | |
| 366 | + | No person shall be allowed to smoke in a bakery, food warehouse or 294 | |
| 367 | + | food manufacturing establishment while in the performance of his or 295 | |
| 368 | + | her duty. 296 | |
| 369 | + | Sec. 8. Section 21a-158 of the general statutes is repealed and the 297 | |
| 370 | + | following is substituted in lieu thereof (Effective October 1, 2019): 298 | |
| 371 | + | The owner, agent or lessee of any property used as a bakery, food 299 | |
| 372 | + | warehouse or food manufacturing establishment shall, within thirty 300 | |
| 373 | + | days after the service of notice upon him or her of an order issued by 301 | |
| 374 | + | the Commissioner of Consumer Protection, comply therewith or cease 302 | |
| 375 | + | to use or allow the use of such premises as a bakery, food warehouse 303 | |
| 376 | + | or food manufacturing establishment. Such notice shall be in writing 304 | |
| 377 | + | and may be served upon such owner, agent or lessee, either personally 305 | |
| 378 | + | or by mail, and a notice by registered or certified letter, mailed to the 306 | |
| 379 | + | last-known address of such owner, agent or lessee, shall be sufficient 307 | |
| 380 | + | service. 308 | |
| 381 | + | Sec. 9. Section 21a-159 of the general statutes is repealed and the 309 | |
| 382 | + | following is substituted in lieu thereof (Effective October 1, 2019): 310 | |
| 383 | + | (a) Any person who violates any provision of sections 21a-151 to 311 | |
| 384 | + | [21a-159] 21a-160, inclusive, as amended by this act, or any regulation 312 Substitute Bill No. 7299 | |
| 474 | 385 | ||
| 475 | - | other material for ductwork systems, components, devices, air louvers | |
| 476 | - | or accessories, in accordance with the State Building Code; | |
| 477 | - | (14) "Journeyman sheet metal worker" means an experienced | |
| 478 | - | craftsman skilled in the installation, erection, replacement, repair or | |
| 479 | - | alteration of duct work systems, both ferrous and nonferrous; | |
| 480 | - | (15) "Automotive glass work" means installing, maintaining or | |
| 481 | - | repairing fixed glass in motor vehicles; | |
| 482 | - | (16) "Flat glass work" means installing, maintaining or repairing | |
| 483 | - | glass in residential or commercial structures; | |
| 484 | - | (17) "Medical gas and vacuum systems work" means the work and | |
| 485 | - | practice, materials, instrumentation and fixtures used in the | |
| 486 | - | construction, installation, alteration, extension, removal, repair, | |
| 487 | - | maintenance, inspection, testing or renovation of gas and vacuum | |
| 488 | - | systems and equipment used solely to transport gases for medical | |
| 489 | - | purposes and to remove liquids, air-gases or solids from such systems; | |
| 490 | - | (18) "Solar electricity work" means the installation, erection, repair, | |
| 491 | - | replacement, alteration, [or] maintenance, inspection and testing of | |
| 492 | - | photovoltaic or wind generation equipment used to distribute or store | |
| 493 | - | ambient energy for heat, light, power or other purposes to a point | |
| 494 | - | immediately inside any structure or adjacent to an end use; | |
| 495 | - | (19) "Active solar system" means a system that uses an external | |
| 496 | - | source of energy to power a motor-driven fan or pump to force the | |
| 497 | - | circulation of a fluid through solar heat collectors and which removes | |
| 498 | - | the sun's heat from the collectors and transports such heat to a location | |
| 499 | - | where it may be used or stored; | |
| 500 | - | (20) "Passive solar system" means a system that is capable of | |
| 501 | - | collecting or storing the sun's energy as heat without the use of a | |
| 502 | - | motor-driven fan or pump; Substitute House Bill No. 7299 | |
| 503 | 386 | ||
| 504 | - | Public Act No. 19-177 16 of 51 | |
| 387 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- | |
| 388 | + | R01-HB.docx } | |
| 389 | + | 11 of 19 | |
| 505 | 390 | ||
| 506 | - | (21) "Hybrid solar system" means a system that contains | |
| 507 | - | components of both an active solar system and a passive solar system; | |
| 508 | - | (22) "Gas hearth product work" means the installation, service, | |
| 509 | - | inspection, testing or repair of a propane or natural gas fired fireplace, | |
| 510 | - | fireplace insert, stove or log set and associated venting and piping that | |
| 511 | - | simulates a flame of a solid fuel fire. "Gas hearth product work" does | |
| 512 | - | not include (A) fuel piping work, (B) the servicing of fuel piping, or (C) | |
| 513 | - | work associated with pressure regulating devices, except for | |
| 514 | - | appliances gas valves; [and] | |
| 515 | - | (23) "Millwright work" means the installation, repair, replacement, | |
| 516 | - | maintenance or alteration, including the inspection and testing, of (A) | |
| 517 | - | power generation machinery, or (B) industrial machinery, including | |
| 518 | - | the related interconnection of piping and tubing used in the | |
| 519 | - | manufacturing process, but does not include the performance of any | |
| 520 | - | action for which licensure is required under this chapter; [.] | |
| 521 | - | (24) "Inspection" means the examination of a system or portion of a | |
| 522 | - | system, involving the disassembly or removal of component parts of | |
| 523 | - | the system; and | |
| 524 | - | (25) "Testing" means to determine the status of a system as intended | |
| 525 | - | for its use, with or without the disassembly of component parts of the | |
| 526 | - | system, by the use of testing and measurement instruments. | |
| 527 | - | Sec. 10. Section 30-55 of the general statutes is repealed and the | |
| 528 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 529 | - | (a) The Department of Consumer Protection may, in its discretion, | |
| 530 | - | revoke, [or] suspend or place conditions on any permit or provisional | |
| 531 | - | permit or impose a fine of not greater than one thousand dollars, upon | |
| 532 | - | cause found after hearing, provided ten days' written notice of such | |
| 533 | - | hearing has been given to the permittee setting forth, with the | |
| 534 | - | particulars required in civil pleadings, the charges upon which such Substitute House Bill No. 7299 | |
| 391 | + | made thereunder, or fails to comply with an order of the 313 | |
| 392 | + | Commissioner of Consumer Protection, shall (1) for a first offense, be 314 | |
| 393 | + | fined not more than two hundred fifty dollars, and (2) for any 315 | |
| 394 | + | subsequent offense, be guilty of a class D misdemeanor. 316 | |
| 395 | + | (b) The commissioner may apply to the Superior Court for and such 317 | |
| 396 | + | court may, upon hearing and for cause shown, grant a temporary or 318 | |
| 397 | + | permanent injunction enjoining any person from operating a bakery, 319 | |
| 398 | + | food warehouse or food manufacturing establishment without a 320 | |
| 399 | + | license issued in accordance with sections 21a-151 to [21a-159] 21a-160, 321 | |
| 400 | + | inclusive, as amended by this act, irrespective of whether or not there 322 | |
| 401 | + | exists an adequate remedy at law. The commissioner also may apply to 323 | |
| 402 | + | the Superior Court for, and such court shall have jurisdiction to grant, 324 | |
| 403 | + | a temporary restraining order pending a hearing. Such application for 325 | |
| 404 | + | injunctive or other appropriate relief shall be brought by the Attorney 326 | |
| 405 | + | General. 327 | |
| 406 | + | (c) The Commissioner of Consumer Protection, after providing 328 | |
| 407 | + | notice and conducting a hearing in accordance with the provisions of 329 | |
| 408 | + | chapter 54, may issue a warning citation or impose a civil penalty of 330 | |
| 409 | + | not more than one hundred dollars for the first offense and not more 331 | |
| 410 | + | than five hundred dollars for each subsequent offense on any person 332 | |
| 411 | + | who violates any provision of sections 21a-151 to [21a-159] 21a-160, 333 | |
| 412 | + | inclusive, as amended by this act, or any regulation adopted pursuant 334 | |
| 413 | + | to section 21a-156, as amended by this act. 335 | |
| 414 | + | Sec. 10. Section 21a-160 of the general statutes is repealed and the 336 | |
| 415 | + | following is substituted in lieu thereof (Effective October 1, 2019): 337 | |
| 416 | + | No person, firm or corporation shall operate a food warehouse 338 | |
| 417 | + | without having obtained a [certificate of registration] license from the 339 | |
| 418 | + | Commissioner of Consumer Protection. Application for a [certificate of 340 | |
| 419 | + | registration] license shall be on forms prescribed by the commissioner. 341 | |
| 420 | + | The commissioner shall issue a [certificate of registration] license to an 342 | |
| 421 | + | applicant who has completed such forms to the satisfaction of the 343 | |
| 422 | + | commissioner and has paid the [registration] license fee. A [certificate 344 Substitute Bill No. 7299 | |
| 535 | 423 | ||
| 536 | - | Public Act No. 19-177 17 of 51 | |
| 537 | 424 | ||
| 538 | - | proposed revocation, [or] suspension or fine is predicated. Any appeal | |
| 539 | - | from such order of revocation, [or] suspension or fine shall be taken in | |
| 540 | - | accordance with the provisions of section 4-183. | |
| 541 | - | (b) The surrender of a permit or provisional permit for cancellation | |
| 542 | - | or the expiration of a permit shall not prevent the department from | |
| 543 | - | suspending or revoking any such permit pursuant to the provisions of | |
| 544 | - | this section. | |
| 545 | - | Sec. 11. Subdivision (4) of subsection (c) of section 21a-8 of the | |
| 546 | - | general statutes is repealed and the following is substituted in lieu | |
| 547 | - | thereof (Effective from passage): | |
| 548 | - | (4) In addition to any other action permitted under the general | |
| 549 | - | statutes, the commissioner may, upon a finding of any cause specified | |
| 550 | - | in subsection (c) of section 21a-9: (A) Revoke or suspend a license, | |
| 551 | - | registration or certificate; (B) issue a letter of reprimand to a | |
| 552 | - | practitioner and send a copy of such letter to a complainant or to a | |
| 553 | - | state or local official; (C) place a practitioner on probationary status | |
| 554 | - | and require the practitioner to (i) report regularly to the commissioner | |
| 555 | - | on the matter which is the basis for probation, (ii) limit the | |
| 556 | - | practitioner's practice to areas prescribed by the commissioner, or (iii) | |
| 557 | - | continue or renew the practitioner's education until the practitioner | |
| 558 | - | has attained a satisfactory level of competence in any area which is the | |
| 559 | - | basis for probation. The commissioner may discontinue, suspend or | |
| 560 | - | rescind any action taken under this subdivision. If a license, | |
| 561 | - | registration or certificate is voluntarily surrendered or is not renewed, | |
| 562 | - | the commissioner shall not be prohibited from suspending, revoking | |
| 563 | - | or imposing other penalties permitted by law on any such license, | |
| 564 | - | registration or certificate. | |
| 565 | - | Sec. 12. Subsection (a) of section 20-455 of the general statutes is | |
| 566 | - | repealed and the following is substituted in lieu thereof (Effective from | |
| 567 | - | passage): Substitute House Bill No. 7299 | |
| 425 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- | |
| 426 | + | R01-HB.docx } | |
| 427 | + | 12 of 19 | |
| 568 | 428 | ||
| 569 | - | Public Act No. 19-177 18 of 51 | |
| 429 | + | of registration] license shall be valid for one year and the fee for such 345 | |
| 430 | + | [certificate of registration] license shall be twenty dollars. 346 | |
| 431 | + | Sec. 11. Section 20-330 of the general statutes is repealed and the 347 | |
| 432 | + | following is substituted in lieu thereof (Effective October 1, 2019): 348 | |
| 433 | + | As used in this chapter: 349 | |
| 434 | + | (1) "Contractor" means any person regularly offering to the general 350 | |
| 435 | + | public services of such person or such person's employees in the field 351 | |
| 436 | + | of electrical work, plumbing and piping work, solar work, heating, 352 | |
| 437 | + | piping, cooling and sheet metal work, fire protection sprinkler systems 353 | |
| 438 | + | work, elevator installation, repair and maintenance work, irrigation 354 | |
| 439 | + | work, automotive glass work or flat glass work, as defined in this 355 | |
| 440 | + | section; 356 | |
| 441 | + | (2) "Electrical work" means the installation, erection, maintenance, 357 | |
| 442 | + | inspection, testing, alteration or repair of any wire, cable, conduit, 358 | |
| 443 | + | busway, raceway, support, insulator, conductor, appliance, apparatus, 359 | |
| 444 | + | fixture or equipment that generates, transforms, transmits or uses 360 | |
| 445 | + | electrical energy for light, heat, power or other purposes, but does not 361 | |
| 446 | + | include low voltage wiring, not exceeding twenty-four volts, used 362 | |
| 447 | + | within a lawn sprinkler system; 363 | |
| 448 | + | (3) "Plumbing and piping work" means the installation, repair, 364 | |
| 449 | + | replacement, alteration, [or] maintenance, inspection or testing of gas, 365 | |
| 450 | + | water and associated fixtures, tubing and piping mains and branch 366 | |
| 451 | + | lines up to and including the closest valve to a machine or equipment 367 | |
| 452 | + | used in the manufacturing process, laboratory equipment, sanitary 368 | |
| 453 | + | equipment, other than subsurface sewage disposal systems, fire 369 | |
| 454 | + | prevention apparatus, all water systems for human usage, sewage 370 | |
| 455 | + | treatment facilities and all associated fittings within a building and 371 | |
| 456 | + | includes lateral storm and sanitary lines from buildings to the mains, 372 | |
| 457 | + | process piping, swimming pools and pumping equipment, and 373 | |
| 458 | + | includes making connections to back flow prevention devices, and 374 | |
| 459 | + | includes low voltage wiring, not exceeding twenty-four volts, used 375 Substitute Bill No. 7299 | |
| 570 | 460 | ||
| 571 | - | (a) The commission or department may hold hearings on any matter | |
| 572 | - | under the provisions of sections 20-450 to 20-462, inclusive, as | |
| 573 | - | amended by this act. The commission or department may issue | |
| 574 | - | subpoenas, administer oaths, compel testimony and order the | |
| 575 | - | production of books, records and documents. If any person refuses to | |
| 576 | - | appear, to testify or to produce any book, record, paper or document | |
| 577 | - | when so ordered, upon application of the commission or department, a | |
| 578 | - | judge of the Superior Court may make such order as may be | |
| 579 | - | appropriate to aid in the enforcement of this section. Upon a finding of | |
| 580 | - | the commission or department, following a hearing, that an individual | |
| 581 | - | has held themselves out as a community association manager without | |
| 582 | - | the proper registration, the commission or department may issue a | |
| 583 | - | cease and desist order and fine the respondent not more than five | |
| 584 | - | hundred dollars. | |
| 585 | - | Sec. 13. Section 20-288 of the general statutes is repealed and the | |
| 586 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 587 | - | As used in this chapter: | |
| 588 | - | (1) "Board" means the Architectural Licensing Board appointed | |
| 589 | - | under the provisions of section 20-289, as amended by this act; | |
| 590 | - | (2) "Architect" means a person who engages in the practice of | |
| 591 | - | architecture; [and] | |
| 592 | - | (3) "The practice of architecture" or "practice architecture" means | |
| 593 | - | rendering or offering to render service by consultation, investigation, | |
| 594 | - | evaluations, preliminary studies, plans, specifications and | |
| 595 | - | coordination of structural factors concerning the aesthetic or structural | |
| 596 | - | design and contract administration of building construction or any | |
| 597 | - | other service in connection with the designing or contract | |
| 598 | - | administration of building construction located within the boundaries | |
| 599 | - | of this state, regardless of whether any person performing such duties Substitute House Bill No. 7299 | |
| 600 | 461 | ||
| 601 | - | Public Act No. 19-177 19 of 51 | |
| 462 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- | |
| 463 | + | R01-HB.docx } | |
| 464 | + | 13 of 19 | |
| 602 | 465 | ||
| 603 | - | is performing one or all of such duties or whether such person is | |
| 604 | - | performing them in person or as the directing head of an office or | |
| 605 | - | organization performing them; [.] and | |
| 606 | - | (4) "Architect Emeritus" means an honorific title granted to a | |
| 607 | - | previously licensed architect who has retired from the active practice | |
| 608 | - | of architecture. | |
| 609 | - | Sec. 14. Section 20-289 of the general statutes is repealed and the | |
| 610 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 611 | - | There shall be an Architectural Licensing Board in the Department | |
| 612 | - | of Consumer Protection. The board shall consist of five members. The | |
| 613 | - | Governor shall appoint two members of the board who shall be public | |
| 614 | - | members and three members of the board who shall be architects | |
| 615 | - | residing in this state. The Governor shall have the power to remove | |
| 616 | - | any member from office for misconduct, incapacity or neglect of duty. | |
| 617 | - | Members shall not be compensated for their services but shall be | |
| 618 | - | reimbursed for necessary expenses incurred in the performance of | |
| 619 | - | their duties. The board shall keep a record of its proceedings and a | |
| 620 | - | roster of all licensed architects entitled to practice architecture and of | |
| 621 | - | all persons holding certificates of authority under sections 20-295 and | |
| 622 | - | 20-295a of the general statutes, revised to 1968, and corporations | |
| 623 | - | holding certificates of authorization for the practice of architecture | |
| 624 | - | under section 20-298b, as amended by this act, in this state. The [board] | |
| 625 | - | department shall adopt regulations, in consultation with the board and | |
| 626 | - | in accordance with chapter 54, concerning eligibility for architectural | |
| 627 | - | licensing examinations, appeals of examination grades, reciprocal | |
| 628 | - | licensing, requirements for continuing education for renewal of | |
| 629 | - | licensure, qualifications for registration for Architect Emeritus and | |
| 630 | - | such other matters as the [board] department deems necessary to carry | |
| 631 | - | out the purposes of this chapter. The board shall, annually, prepare a | |
| 632 | - | roster of all licensed architects and the last-known mailing address of | |
| 633 | - | such architects. A copy of such roster shall be placed on file with the Substitute House Bill No. 7299 | |
| 466 | + | within a lawn sprinkler system, but does not include (A) solar thermal 376 | |
| 467 | + | work performed pursuant to a certificate held as provided in section 377 | |
| 468 | + | 20-334g, except for the repair of those portions of a solar hot water 378 | |
| 469 | + | heating system that include the basic domestic hot water tank and the 379 | |
| 470 | + | tie-in to the potable water system, (B) the installation, repair, 380 | |
| 471 | + | replacement, alteration, [or] maintenance, inspection or testing of fire 381 | |
| 472 | + | prevention apparatus within a structure, except for standpipes that are 382 | |
| 473 | + | not connected to sprinkler systems, (C) medical gas and vacuum 383 | |
| 474 | + | systems work, and (D) millwright work. For the purposes of this 384 | |
| 475 | + | subdivision, "process piping" means piping or tubing that conveys 385 | |
| 476 | + | liquid or gas that is used directly in the production of a chemical or a 386 | |
| 477 | + | product for human consumption; 387 | |
| 478 | + | (4) "Solar thermal work" means the installation, erection, repair, 388 | |
| 479 | + | replacement, alteration, [or] maintenance, inspection or testing of 389 | |
| 480 | + | active, passive and hybrid solar systems that directly convert ambient 390 | |
| 481 | + | energy into heat or convey, store or distribute such ambient energy; 391 | |
| 482 | + | (5) "Heating, piping and cooling work" means (A) the installation, 392 | |
| 483 | + | repair, replacement, maintenance, inspection, testing or alteration of 393 | |
| 484 | + | any apparatus for piping, appliances, devices or accessories for heating 394 | |
| 485 | + | systems, including sheet metal work, (B) the installation, repair, 395 | |
| 486 | + | replacement, maintenance, inspection, testing or alteration of air 396 | |
| 487 | + | conditioning and refrigeration systems, boilers, including apparatus 397 | |
| 488 | + | and piping for the generation or conveyance of steam and associated 398 | |
| 489 | + | pumping equipment and process piping and the installation of tubing 399 | |
| 490 | + | and piping mains and branch lines up to and including the closest 400 | |
| 491 | + | valve to a machine or equipment used in the manufacturing process [,] 401 | |
| 492 | + | and onsite testing and balancing of hydronic, steam and combustion 402 | |
| 493 | + | air, but excluding millwright work, and (C) on-site operation, by 403 | |
| 494 | + | manipulating, adjusting or controlling, with sufficient technical 404 | |
| 495 | + | knowledge, as determined by the commissioner, (i) heating systems 405 | |
| 496 | + | with a steam or water boiler maximum operating pressure of fifteen 406 | |
| 497 | + | pounds per square inch gauge or greater, or (ii) air conditioning or 407 | |
| 498 | + | refrigeration systems with an aggregate of more than fifty horsepower 408 Substitute Bill No. 7299 | |
| 634 | 499 | ||
| 635 | - | Public Act No. 19-177 20 of 51 | |
| 636 | 500 | ||
| 637 | - | Secretary of the State and with the town building department of each | |
| 638 | - | town. The Commissioner of Consumer Protection, with advice and | |
| 639 | - | assistance from the board, shall adopt regulations, in accordance with | |
| 640 | - | chapter 54, (1) concerning professional ethics and conduct appropriate | |
| 641 | - | to establish and maintain a high standard of integrity and dignity in | |
| 642 | - | the practice of the profession, and (2) for the conduct of the board's | |
| 643 | - | affairs and for the examination of applicants for a license. The board | |
| 644 | - | shall, after public notice, hold at least one meeting per quarter, in each | |
| 645 | - | calendar year, for the purpose of considering applications for licenses | |
| 646 | - | and for the transaction of other business. Any person aggrieved by an | |
| 647 | - | order made under this chapter may appeal from such order as | |
| 648 | - | provided in section 4-183. Appeals under this section shall be | |
| 649 | - | privileged in respect to the order of trial and assignment. | |
| 650 | - | Sec. 15. Section 20-291 of the general statutes is repealed and the | |
| 651 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 652 | - | No person shall receive a license under the provisions of this | |
| 653 | - | chapter until such person has passed an examination in such technical | |
| 654 | - | and professional subjects as may be prescribed by the board, with the | |
| 655 | - | consent of the Commissioner of Consumer Protection. Each person | |
| 656 | - | who applies to the [board] Department of Consumer Protection for a | |
| 657 | - | license under the provisions of this chapter [,] shall submit an | |
| 658 | - | application, together with evidence of education and training | |
| 659 | - | experience as prescribed by the commissioner, in consultation with the | |
| 660 | - | board, in regulations adopted in accordance with chapter 54. The | |
| 661 | - | board or the commissioner may accept in the case of any architect | |
| 662 | - | currently registered or licensed in another state in lieu of the | |
| 663 | - | examination (1) a certificate of registration issued by the National | |
| 664 | - | Council of Architectural Registration Boards; or (2) evidence | |
| 665 | - | satisfactory to the board or the commissioner that such architect is | |
| 666 | - | registered in a state having registration requirements substantially | |
| 667 | - | equal to the licensure requirements of this state and that such architect Substitute House Bill No. 7299 | |
| 501 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- | |
| 502 | + | R01-HB.docx } | |
| 503 | + | 14 of 19 | |
| 668 | 504 | ||
| 669 | - | Public Act No. 19-177 21 of 51 | |
| 505 | + | or kilowatt equivalency of fifty horsepower or of two hundred pounds 409 | |
| 506 | + | of refrigerant. Heating, piping and cooling work does not include solar 410 | |
| 507 | + | thermal work performed pursuant to a certificate held as provided in 411 | |
| 508 | + | section 20-334g, or medical gas and vacuum systems work or the 412 | |
| 509 | + | passive monitoring of heating, air conditioning or refrigeration 413 | |
| 510 | + | systems. For the purposes of this subdivision, "process piping" means 414 | |
| 511 | + | piping or tubing that conveys liquid or gas that is used directly in the 415 | |
| 512 | + | production of a chemical or a product for human consumption; 416 | |
| 513 | + | (6) "Apprentice" means any person registered with the Labor 417 | |
| 514 | + | Department for the purpose of learning a skilled trade; 418 | |
| 515 | + | (7) "Elevator installation, repair and maintenance work" means the 419 | |
| 516 | + | installation, erection, maintenance, inspection, testing and repair of all 420 | |
| 517 | + | types of elevators, dumb waiters, escalators, and moving walks and all 421 | |
| 518 | + | mechanical equipment, fittings, associated piping and wiring from a 422 | |
| 519 | + | source of supply brought to the equipment room by an unlimited 423 | |
| 520 | + | electrical contractor for all types of machines used to hoist or convey 424 | |
| 521 | + | persons or materials, but does not include temporary hoisting 425 | |
| 522 | + | machines used for hoisting materials in connection with any 426 | |
| 523 | + | construction job or project, provided "elevator inspection" includes the 427 | |
| 524 | + | visual examination of an elevator system or portion of a system, with 428 | |
| 525 | + | or without the disassembly or removal of component parts; 429 | |
| 526 | + | (8) "Elevator maintenance" means the lubrication, inspection, testing 430 | |
| 527 | + | and replacement of controls, hoistway and car parts; 431 | |
| 528 | + | (9) "Fire protection sprinkler systems work" means the layout, on-432 | |
| 529 | + | site fabrication, installation, alteration, maintenance, inspection, testing 433 | |
| 530 | + | or repair of any automatic or manual sprinkler system designed for the 434 | |
| 531 | + | protection of the interior or exterior of a building or structure from fire, 435 | |
| 532 | + | or any piping or tubing and appurtenances and equipment pertaining 436 | |
| 533 | + | to such system including overhead and underground water mains, fire 437 | |
| 534 | + | hydrants and hydrant mains, standpipes and hose connections to 438 | |
| 535 | + | sprinkler systems, sprinkler tank heaters excluding electrical wiring, 439 | |
| 536 | + | air lines and thermal systems used in connection with sprinkler and 440 Substitute Bill No. 7299 | |
| 670 | 537 | ||
| 671 | - | has been practicing in such other state for a period of at least ten years. | |
| 672 | - | When the applicant has passed such examination to the satisfaction of | |
| 673 | - | a majority of the board or the commissioner and has paid to the | |
| 674 | - | [secretary of the board] department the fees prescribed in section 20- | |
| 675 | - | 292, as amended by this act, the [Department of Consumer Protection] | |
| 676 | - | department shall enroll the applicant's name and address in the roster | |
| 677 | - | of licensed architects and issue a license to the applicant, which shall | |
| 678 | - | entitle the applicant to practice as an architect in this state. | |
| 679 | - | Sec. 16. Section 20-292 of the general statutes is repealed and the | |
| 680 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 681 | - | (a) Each licensed architect shall renew his or her license [each year | |
| 682 | - | and pay] annually. Pursuant to section 20-289, as amended by this act, | |
| 683 | - | a licensee shall pay to the department the professional services fee for | |
| 684 | - | class F, as defined in section 33-182l and shall submit proof of | |
| 685 | - | completion of continuing education requirements. | |
| 686 | - | (b) Each corporation holding a certificate of authorization for the | |
| 687 | - | practice of architecture shall renew its certificate of authorization for | |
| 688 | - | the practice of architecture each year and pay to the department a | |
| 689 | - | renewal fee of two hundred twenty dollars. | |
| 690 | - | (c) An applicant for examination or reexamination under this | |
| 691 | - | chapter shall pay a nonrefundable fee of seventy-two dollars and an | |
| 692 | - | amount sufficient to meet the cost of conducting each portion of the | |
| 693 | - | examination taken by such applicant. The fee for an applicant who | |
| 694 | - | qualifies for a license, other than by examination, in accordance with | |
| 695 | - | the provisions of section 20-291, as amended by this act, shall be one | |
| 696 | - | hundred dollars. | |
| 697 | - | (d) Pursuant to section 20-289, as amended by this act, an architect | |
| 698 | - | who is retired and not practicing any aspect of architecture and who is | |
| 699 | - | (1) sixty-five years of age or older, or (2) has been licensed for a Substitute House Bill No. 7299 | |
| 700 | 538 | ||
| 701 | - | Public Act No. 19-177 22 of 51 | |
| 539 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- | |
| 540 | + | R01-HB.docx } | |
| 541 | + | 15 of 19 | |
| 702 | 542 | ||
| 703 | - | minimum of ten years in this state, may apply for registration as an | |
| 704 | - | Architect Emeritus. The fee for such registration shall be ten dollars. | |
| 705 | - | An Architect Emeritus may not engage in the practice of architecture | |
| 706 | - | without applying for and receiving an architect license. | |
| 707 | - | Sec. 17. Section 20-294 of the general statutes is repealed and the | |
| 708 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 709 | - | The Commissioner of Consumer Protection or the board may | |
| 710 | - | suspend for a definite period, not to exceed one year, or revoke any | |
| 711 | - | license or certificate of authority issued under this chapter, after notice | |
| 712 | - | and hearing in accordance with the regulations adopted by the | |
| 713 | - | Commissioner of Consumer Protection, or may officially censure any | |
| 714 | - | person holding any such license or certificate of authority and may | |
| 715 | - | assess a civil penalty of up to one thousand dollars per violation, (1) if | |
| 716 | - | it is shown that the license or certificate was obtained through fraud or | |
| 717 | - | misrepresentation, (2) if the holder of the license or certificate has been | |
| 718 | - | found guilty by the board, the commissioner or by a court of | |
| 719 | - | competent jurisdiction of any fraud or deceit in such holder's | |
| 720 | - | professional practice or has been convicted of a felony, (3) if the holder | |
| 721 | - | of the license or certificate has been found guilty by the board or the | |
| 722 | - | commissioner of gross incompetency or of negligence in the planning | |
| 723 | - | or construction of buildings, or (4) if it is shown to the satisfaction of | |
| 724 | - | the board or the commissioner that the holder of the license or | |
| 725 | - | certificate has violated any provision of this chapter or any regulation | |
| 726 | - | adopted under this chapter. Any such suspension or revocation of a | |
| 727 | - | license or certificate by the board shall be a proposed final decision | |
| 728 | - | and submitted to the commissioner in accordance with the provisions | |
| 729 | - | of subsection (b) of section 21a-7. The board or the commissioner may | |
| 730 | - | reissue any such license or certificate which has been revoked, and | |
| 731 | - | may modify the suspension of any such license or certificate which has | |
| 732 | - | been suspended. | |
| 733 | - | Sec. 18. Section 20-298b of the general statutes is repealed and the Substitute House Bill No. 7299 | |
| 543 | + | alarm systems connected thereto, foam extinguishing systems or 441 | |
| 544 | + | special hazard systems including water spray, foam, carbon dioxide or 442 | |
| 545 | + | dry chemical systems, halon and other liquid or gas fire suppression 443 | |
| 546 | + | systems, but does not include (A) any engineering design work 444 | |
| 547 | + | connected with the layout of fire protection sprinkler systems, or (B) 445 | |
| 548 | + | any work performed by employees of or contractors hired by a public 446 | |
| 549 | + | water system, as defined in subsection (a) of section 25-33d; 447 | |
| 550 | + | (10) "State Fire Marshal" means the State Fire Marshal appointed by 448 | |
| 551 | + | the Commissioner of Administrative Services; 449 | |
| 552 | + | (11) "Journeyman sprinkler fitter" means a specialized pipe fitter 450 | |
| 553 | + | craftsman, experienced and skilled in the installation, alteration, 451 | |
| 554 | + | maintenance and repair of fire protection sprinkler systems; 452 | |
| 555 | + | (12) "Irrigation work" means making the connections to and the 453 | |
| 556 | + | inspection and testing of back flow prevention devices, and low 454 | |
| 557 | + | voltage wiring, not exceeding twenty-four volts, used within a lawn 455 | |
| 558 | + | sprinkler system; 456 | |
| 559 | + | (13) "Sheet metal work" means the onsite layout, installation, 457 | |
| 560 | + | erection, replacement, repair or alteration, including, but not limited 458 | |
| 561 | + | to, onsite testing and balancing of related life safety components, 459 | |
| 562 | + | environmental air, heating, ventilating and air conditioning systems by 460 | |
| 563 | + | manipulating, adjusting or controlling such systems for optimum 461 | |
| 564 | + | balance performance of any duct work system, ferrous, nonferrous or 462 | |
| 565 | + | other material for ductwork systems, components, devices, air louvers 463 | |
| 566 | + | or accessories, in accordance with the State Building Code; 464 | |
| 567 | + | (14) "Journeyman sheet metal worker" means an experienced 465 | |
| 568 | + | craftsman skilled in the installation, erection, replacement, repair or 466 | |
| 569 | + | alteration of duct work systems, both ferrous and nonferrous; 467 | |
| 570 | + | (15) "Automotive glass work" means installing, maintaining or 468 | |
| 571 | + | repairing fixed glass in motor vehicles; 469 | |
| 572 | + | (16) "Flat glass work" means installing, maintaining or repairing 470 Substitute Bill No. 7299 | |
| 734 | 573 | ||
| 735 | - | Public Act No. 19-177 23 of 51 | |
| 736 | 574 | ||
| 737 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 738 | - | (a) The practice of architecture or the offer to practice architecture in | |
| 739 | - | this state by individual licensed architects under the corporate form or | |
| 740 | - | by a corporation, a material part of the business of which includes | |
| 741 | - | architecture, is permitted, provided (1) such personnel of such | |
| 742 | - | corporation [as] act [in] on its behalf as architects [,] and its chief | |
| 743 | - | executive officer [and the holder or holders of not less than two-thirds | |
| 744 | - | of the voting stock thereof are] is licensed under the provisions of this | |
| 745 | - | chapter, [and] (2) if such corporation is a professional corporation, not | |
| 746 | - | less than two-thirds of the voting stock thereof is held by an individual | |
| 747 | - | or individuals who are licensed under the provisions of this chapter, | |
| 748 | - | and (3) such corporation has been issued a certificate of authorization | |
| 749 | - | by the board. If such professional corporation has adopted an | |
| 750 | - | employee stock ownership plan, as defined in Section 4975(e)(7) of the | |
| 751 | - | Internal Revenue Code of 1986, or any subsequent corresponding | |
| 752 | - | internal revenue code of the United States, as amended from time to | |
| 753 | - | time, for purposes of meeting the two-thirds ownership requirement | |
| 754 | - | for professional corporations, voting stock held by such employee | |
| 755 | - | stock ownership plan shall be accepted in lieu of, or in addition to, the | |
| 756 | - | amount of voting stock held by the licensees of such professional | |
| 757 | - | corporation, provided not less than two-thirds of the trustees of such | |
| 758 | - | employee stock ownership plan are licensed under the provisions of | |
| 759 | - | this chapter. No such corporation shall be relieved of responsibility for | |
| 760 | - | the conduct or acts of its agents, employees or officers by reason of its | |
| 761 | - | compliance with the provisions of this section, nor shall any individual | |
| 762 | - | practicing architecture be relieved of responsibility for architectural | |
| 763 | - | services performed by reason of his or her employment or relationship | |
| 764 | - | with such corporation. | |
| 765 | - | (b) A qualifying corporation desiring a certificate of authorization | |
| 766 | - | shall file with the board an application upon a form prescribed by the | |
| 767 | - | board. Such application shall state (1) the name and address of such Substitute House Bill No. 7299 | |
| 575 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- | |
| 576 | + | R01-HB.docx } | |
| 577 | + | 16 of 19 | |
| 768 | 578 | ||
| 769 | - | Public Act No. 19-177 24 of 51 | |
| 579 | + | glass in residential or commercial structures; 471 | |
| 580 | + | (17) "Medical gas and vacuum systems work" means the work and 472 | |
| 581 | + | practice, materials, instrumentation and fixtures used in the 473 | |
| 582 | + | construction, installation, alteration, extension, removal, repair, 474 | |
| 583 | + | maintenance, inspection, testing or renovation of gas and vacuum 475 | |
| 584 | + | systems and equipment used solely to transport gases for medical 476 | |
| 585 | + | purposes and to remove liquids, air-gases or solids from such systems; 477 | |
| 586 | + | (18) "Solar electricity work" means the installation, erection, repair, 478 | |
| 587 | + | replacement, alteration, [or] maintenance, inspection and testing of 479 | |
| 588 | + | photovoltaic or wind generation equipment used to distribute or store 480 | |
| 589 | + | ambient energy for heat, light, power or other purposes to a point 481 | |
| 590 | + | immediately inside any structure or adjacent to an end use; 482 | |
| 591 | + | (19) "Active solar system" means a system that uses an external 483 | |
| 592 | + | source of energy to power a motor-driven fan or pump to force the 484 | |
| 593 | + | circulation of a fluid through solar heat collectors and which removes 485 | |
| 594 | + | the sun's heat from the collectors and transports such heat to a location 486 | |
| 595 | + | where it may be used or stored; 487 | |
| 596 | + | (20) "Passive solar system" means a system that is capable of 488 | |
| 597 | + | collecting or storing the sun's energy as heat without the use of a 489 | |
| 598 | + | motor-driven fan or pump; 490 | |
| 599 | + | (21) "Hybrid solar system" means a system that contains 491 | |
| 600 | + | components of both an active solar system and a passive solar system; 492 | |
| 601 | + | (22) "Gas hearth product work" means the installation, service, 493 | |
| 602 | + | inspection, testing or repair of a propane or natural gas fired fireplace, 494 | |
| 603 | + | fireplace insert, stove or log set and associated venting and piping that 495 | |
| 604 | + | simulates a flame of a solid fuel fire. "Gas hearth product work" does 496 | |
| 605 | + | not include (A) fuel piping work, (B) the servicing of fuel piping, or (C) 497 | |
| 606 | + | work associated with pressure regulating devices, except for 498 | |
| 607 | + | appliances gas valves; [and] 499 | |
| 608 | + | (23) "Millwright work" means the installation, repair, replacement, 500 Substitute Bill No. 7299 | |
| 770 | 609 | ||
| 771 | - | corporation, (2) the city or town and the street and number where such | |
| 772 | - | corporation is to maintain its principal office in this state, (3) the names | |
| 773 | - | and addresses of all of its stockholders, directors and officers, (4) if | |
| 774 | - | such corporation is a professional corporation, a statement as to | |
| 775 | - | whether or not the holder or holders of at least two-thirds of the voting | |
| 776 | - | stock of such corporation are persons holding a license issued by the | |
| 777 | - | board, (5) if such corporation has adopted an employee stock | |
| 778 | - | ownership plan, as specified in subsection (a) of this section, the names | |
| 779 | - | and addresses of the trustees of such plan, and [(5)] (6) such other | |
| 780 | - | information as may be required by the board. If such professional | |
| 781 | - | corporation has adopted an employee stock ownership plan, as | |
| 782 | - | specified in subsection (a) of this section, for purposes of meeting the | |
| 783 | - | two-thirds ownership requirement for professional corporations, | |
| 784 | - | voting stock held by such employee stock ownership plan shall be | |
| 785 | - | accepted in lieu of, or in addition to, the amount of voting stock held | |
| 786 | - | by the licensees of such professional corporation, provided not less | |
| 787 | - | than two-thirds of the trustees of such employee stock ownership plan | |
| 788 | - | are licensed under the provisions of this chapter. The application shall | |
| 789 | - | be accompanied by an application fee of fifty dollars. If all | |
| 790 | - | requirements of this chapter are met, the board shall issue to such | |
| 791 | - | corporation a certificate of authorization within sixty days of such | |
| 792 | - | application, provided the board may refuse to issue a certificate if any | |
| 793 | - | facts exist which would entitle the board to suspend or revoke an | |
| 794 | - | existing certificate. After obtaining such certificate of authorization, | |
| 795 | - | any such corporation may practice architecture subject to the | |
| 796 | - | regulations adopted under this chapter. All plans, specifications, | |
| 797 | - | sketches, drawings and documents pertaining to any such services | |
| 798 | - | rendered by the corporation shall be signed and bear the seal of a | |
| 799 | - | Connecticut licensed architect in accordance with the provisions of | |
| 800 | - | section 20-293 and the regulations adopted under this chapter. Each | |
| 801 | - | certificate of authorization issued under this section shall be renewable | |
| 802 | - | annually if all requirements of this chapter are met, provided the board | |
| 803 | - | may refuse to renew a certificate if any facts exist which would entitle Substitute House Bill No. 7299 | |
| 804 | 610 | ||
| 805 | - | Public Act No. 19-177 25 of 51 | |
| 611 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- | |
| 612 | + | R01-HB.docx } | |
| 613 | + | 17 of 19 | |
| 806 | 614 | ||
| 807 | - | ||
| 808 | - | ||
| 809 | - | ||
| 810 | - | ||
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| 832 | - | ||
| 833 | - | ||
| 834 | - | ||
| 835 | - | ||
| 836 | - | ||
| 615 | + | maintenance or alteration, including the inspection and testing, of (A) 501 | |
| 616 | + | power generation machinery, or (B) industrial machinery, including 502 | |
| 617 | + | the related interconnection of piping and tubing used in the 503 | |
| 618 | + | manufacturing process, but does not include the performance of any 504 | |
| 619 | + | action for which licensure is required under this chapter; [.] 505 | |
| 620 | + | (24) "Inspection" means the examination of a system or portion of a 506 | |
| 621 | + | system, involving the disassembly or removal of component parts of 507 | |
| 622 | + | the system; and 508 | |
| 623 | + | (25) "Testing" means to determine the status of a system as intended 509 | |
| 624 | + | for its use, with or without the disassembly of component parts of the 510 | |
| 625 | + | system, by the use of testing and measurement instruments. 511 | |
| 626 | + | Sec. 12. Section 30-55 of the general statutes is repealed and the 512 | |
| 627 | + | following is substituted in lieu thereof (Effective October 1, 2019): 513 | |
| 628 | + | (a) The Department of Consumer Protection may, in its discretion, 514 | |
| 629 | + | revoke, [or] suspend or place conditions on any permit or provisional 515 | |
| 630 | + | permit or impose a fine of not greater than one thousand dollars, upon 516 | |
| 631 | + | cause found after hearing, provided ten days' written notice of such 517 | |
| 632 | + | hearing has been given to the permittee setting forth, with the 518 | |
| 633 | + | particulars required in civil pleadings, the charges upon which such 519 | |
| 634 | + | proposed revocation, [or] suspension or fine is predicated. Any appeal 520 | |
| 635 | + | from such order of revocation, [or] suspension or fine shall be taken in 521 | |
| 636 | + | accordance with the provisions of section 4-183. 522 | |
| 637 | + | (b) The surrender of a permit or provisional permit for cancellation 523 | |
| 638 | + | or the expiration of a permit shall not prevent the department from 524 | |
| 639 | + | suspending or revoking any such permit pursuant to the provisions of 525 | |
| 640 | + | this section. 526 | |
| 641 | + | Sec. 13. Subdivision (4) of subsection (c) of section 21a-8 of the 527 | |
| 642 | + | general statutes is repealed and the following is substituted in lieu 528 | |
| 643 | + | thereof (Effective from passage): 529 | |
| 644 | + | (4) In addition to any other action permitted under the general 530 Substitute Bill No. 7299 | |
| 837 | 645 | ||
| 838 | - | Public Act No. 19-177 26 of 51 | |
| 839 | 646 | ||
| 840 | - | (f) Not less than two-thirds of the individual members of a limited | |
| 841 | - | liability company or owners of a professional corporation that | |
| 842 | - | practices or offers to practice architectural services in this state shall be | |
| 843 | - | individually licensed under the provisions of this chapter and shall | |
| 844 | - | own not less than two-thirds of the voting interests of the limited | |
| 845 | - | liability company or not less than two-thirds of the voting stock of the | |
| 846 | - | professional corporation, provided, in the case of a corporation that | |
| 847 | - | practices or offers to practice architectural services that has adopted an | |
| 848 | - | employee stock ownership plan as described in subsection (a) of this | |
| 849 | - | section, the requirements of this subsection shall be satisfied if such | |
| 850 | - | corporation meets the requirements of subsection (a) of this section. | |
| 851 | - | Sec. 19. Section 20-450 of the general statutes is repealed and the | |
| 852 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 853 | - | As used in sections 20-450 to 20-462, inclusive, as amended by this | |
| 854 | - | act, unless the context otherwise requires: | |
| 855 | - | (1) "Association" means (A) an association, as defined in section 47- | |
| 856 | - | 202, and an association of unit owners, as defined in section 47-68a and | |
| 857 | - | in section 47-68 of the general statutes, revision of 1958, revised to | |
| 858 | - | January 1, 1975, and (B) the mandatory owners organization of any | |
| 859 | - | common interest community, as defined in section 47-202, which | |
| 860 | - | community was not created under chapter 825 or 828 or under chapter | |
| 861 | - | 825 of the general statutes, revision of 1958, revised to January 1, 1975. | |
| 862 | - | "Association" does not include an association of a common interest | |
| 863 | - | community which contains only units restricted to nonresidential use; | |
| 864 | - | (2) "Community association manager" means a [person who | |
| 865 | - | provides association management services, and includes any partner, | |
| 866 | - | director, officer, employee or agent of such] natural person who | |
| 867 | - | directly provides association management services; [on behalf of such | |
| 868 | - | person;] Substitute House Bill No. 7299 | |
| 647 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- | |
| 648 | + | R01-HB.docx } | |
| 649 | + | 18 of 19 | |
| 869 | 650 | ||
| 870 | - | Public Act No. 19-177 27 of 51 | |
| 651 | + | statutes, the commissioner may, upon a finding of any cause specified 531 | |
| 652 | + | in subsection (c) of section 21a-9: (A) Revoke or suspend a license, 532 | |
| 653 | + | registration or certificate; (B) issue a letter of reprimand to a 533 | |
| 654 | + | practitioner and send a copy of such letter to a complainant or to a 534 | |
| 655 | + | state or local official; (C) place a practitioner on probationary status 535 | |
| 656 | + | and require the practitioner to (i) report regularly to the commissioner 536 | |
| 657 | + | on the matter which is the basis for probation, (ii) limit the 537 | |
| 658 | + | practitioner's practice to areas prescribed by the commissioner, or (iii) 538 | |
| 659 | + | continue or renew the practitioner's education until the practitioner 539 | |
| 660 | + | has attained a satisfactory level of competence in any area which is the 540 | |
| 661 | + | basis for probation. The commissioner may discontinue, suspend or 541 | |
| 662 | + | rescind any action taken under this subdivision. If a license, 542 | |
| 663 | + | registration or certificate is voluntarily surrendered or is not renewed, 543 | |
| 664 | + | the commissioner shall not be prohibited from suspending, revoking 544 | |
| 665 | + | or imposing other penalties permitted by law on any such license, 545 | |
| 666 | + | registration or certificate. 546 | |
| 667 | + | Sec. 14. Subsection (a) of section 20-455 of the general statutes is 547 | |
| 668 | + | repealed and the following is substituted in lieu thereof (Effective from 548 | |
| 669 | + | passage): 549 | |
| 670 | + | (a) The commission may hold hearings on any matter under the 550 | |
| 671 | + | provisions of sections 20-450 to 20-462, inclusive. The commission or 551 | |
| 672 | + | department may issue subpoenas, administer oaths, compel testimony 552 | |
| 673 | + | and order the production of books, records and documents. If any 553 | |
| 674 | + | person refuses to appear, to testify or to produce any book, record, 554 | |
| 675 | + | paper or document when so ordered, upon application of the 555 | |
| 676 | + | commission or department, a judge of the Superior Court may make 556 | |
| 677 | + | such order as may be appropriate to aid in the enforcement of this 557 | |
| 678 | + | section. Upon a finding of the commission or department, following a 558 | |
| 679 | + | hearing, that an individual has held themselves out as a community 559 | |
| 680 | + | association manager without the proper registration, the commission 560 | |
| 681 | + | or department may issue a cease and desist order and fine the 561 | |
| 682 | + | respondent not more than five hundred dollars. 562 Substitute Bill No. 7299 | |
| 871 | 683 | ||
| 872 | - | (3) "Association management services" means services provided to | |
| 873 | - | an association for remuneration, including one or more of the | |
| 874 | - | following: (A) Collecting, controlling or disbursing funds of the | |
| 875 | - | association or having the authority to do so; (B) preparing budgets or | |
| 876 | - | other financial documents for the association; (C) assisting in the | |
| 877 | - | conduct of or conducting association meetings; (D) advising or | |
| 878 | - | assisting the association in obtaining insurance; (E) coordinating or | |
| 879 | - | supervising the overall operations of the association; and (F) advising | |
| 880 | - | the association on the overall operations of the association. Any person | |
| 881 | - | licensed in this state under any provision of the general statutes or | |
| 882 | - | rules of court who provides the services for which such person is | |
| 883 | - | licensed to an association for remuneration shall not be deemed to be | |
| 884 | - | providing association management services. Any director, officer or | |
| 885 | - | other member of an association who provides services specified in this | |
| 886 | - | subdivision to the association of which he or she is a member shall not | |
| 887 | - | be deemed to be providing association management services unless | |
| 888 | - | such director, officer or other member owns or controls more than | |
| 889 | - | two-thirds but less than all of the votes in such association; | |
| 890 | - | (4) "Commission" means the Connecticut Real Estate Commission | |
| 891 | - | appointed under the provisions of section 20-311a; | |
| 892 | - | (5) "Department" means the Department of Consumer Protection; | |
| 893 | - | [and] | |
| 894 | - | (6) "Person" means an individual, partnership, corporation, limited | |
| 895 | - | liability company or other legal entity; [.] and | |
| 896 | - | (7) "Community association manager trainee" means a natural | |
| 897 | - | person working under the direct supervision of a community | |
| 898 | - | association manager, for the purpose of being trained in the provision | |
| 899 | - | of association management services. | |
| 900 | - | Sec. 20. Section 20-451 of the general statutes is repealed and the Substitute House Bill No. 7299 | |
| 901 | 684 | ||
| 902 | - | Public Act No. 19-177 28 of 51 | |
| 685 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- | |
| 686 | + | R01-HB.docx } | |
| 687 | + | 19 of 19 | |
| 903 | 688 | ||
| 904 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 905 | - | [No] (a) Except as otherwise provided in this section, no person | |
| 906 | - | shall (1) hold himself or herself out to be a community association | |
| 907 | - | manager or a community association manager trainee, or (2) engage in | |
| 908 | - | providing association management services, without first obtaining a | |
| 909 | - | certificate of registration as provided in sections 20-450 to 20-462, | |
| 910 | - | inclusive, as amended by this act. | |
| 911 | - | (b) A community association manager trainee may, for a period not | |
| 912 | - | to exceed six months, engage in association management services, so | |
| 913 | - | long as: (1) The community association manager trainee is directly | |
| 914 | - | supervised by, and acts under the direction of, a community | |
| 915 | - | association manager who holds a valid certificate of registration and | |
| 916 | - | who shall be liable for the actions or inactions of the community | |
| 917 | - | association manager trainee; and (2) the community association | |
| 918 | - | manager trainee has no authority to collect, control or disburse funds | |
| 919 | - | of the association. A certificate of registration as a community | |
| 920 | - | association manager trainee shall not be renewable. | |
| 921 | - | (c) A community association manager may employ or contract with | |
| 922 | - | support or administrative staff, not registered as a community | |
| 923 | - | association manager, to engage in the following activities: (1) Answer | |
| 924 | - | the telephone, take messages, and forward calls to the community | |
| 925 | - | association manager; (2) update files and forms maintained by the | |
| 926 | - | community association manager; (3) schedule and coordinate | |
| 927 | - | meetings, teleconferences, service calls and responses to maintenance | |
| 928 | - | and repair requests; (4) copy documents prepared by either the | |
| 929 | - | association or the community association manager and prepare | |
| 930 | - | mailings to the unit owners, vendors and other third parties, as | |
| 931 | - | authorized by the association or the community association manager; | |
| 932 | - | (5) attend meetings with and provide administrative support services | |
| 933 | - | to the community association manager, including taking notes as | |
| 934 | - | needed to maintain accurate records for the association; (6) assist the Substitute House Bill No. 7299 | |
| 689 | + | This act shall take effect as follows and shall amend the following | |
| 690 | + | sections: | |
| 935 | 691 | ||
| 936 | - | Public Act No. 19-177 29 of 51 | |
| 692 | + | Section 1 October 1, 2019 51-164n(b) | |
| 693 | + | Sec. 2 October 1, 2019 20-334(b) | |
| 694 | + | Sec. 3 January 1, 2020 14-318 | |
| 695 | + | Sec. 4 January 1, 2020 14-319(a) | |
| 696 | + | Sec. 5 October 1, 2019 21a-152 | |
| 697 | + | Sec. 6 October 1, 2019 21a-156 | |
| 698 | + | Sec. 7 October 1, 2019 21a-157 | |
| 699 | + | Sec. 8 October 1, 2019 21a-158 | |
| 700 | + | Sec. 9 October 1, 2019 21a-159 | |
| 701 | + | Sec. 10 October 1, 2019 21a-160 | |
| 702 | + | Sec. 11 October 1, 2019 20-330 | |
| 703 | + | Sec. 12 October 1, 2019 30-55 | |
| 704 | + | Sec. 13 from passage 21a-8(c)(4) | |
| 705 | + | Sec. 14 from passage 20-455(a) | |
| 937 | 706 | ||
| 938 | - | community association manager in maintaining the association's | |
| 939 | - | financial information and records, including, but not limited to, | |
| 940 | - | responding to inquiries from unit owners regarding their accounts | |
| 941 | - | with the association and drafting checks for payments approved by the | |
| 942 | - | association or the community association manager, provided no | |
| 943 | - | unregistered support or administrative staff may have direct access to | |
| 944 | - | or control over association funds; and (7) implement the decisions and | |
| 945 | - | directions of the community association manager. | |
| 946 | - | (d) The community association manager shall directly supervise, | |
| 947 | - | and assume liability for, work performed by any support or | |
| 948 | - | administrative staff member whether employee or contractor, who is | |
| 949 | - | not a registered community association manager or trainee, but who is | |
| 950 | - | providing services to an association. The community association | |
| 951 | - | manager shall ensure that such unlicensed person is: (1) Trained in the | |
| 952 | - | scope of work they are legally able to undertake in such role; and (2) | |
| 953 | - | operating in compliance with the provisions of this chapter. | |
| 954 | - | Sec. 21. Section 20-452 of the general statutes is repealed and the | |
| 955 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 956 | - | (a) Any person seeking a certificate of registration as a community | |
| 957 | - | association manager or as a community association manager trainee | |
| 958 | - | shall apply to the department in writing, on a form provided by the | |
| 959 | - | department. Such application shall include the applicant's name, | |
| 960 | - | residence address, business address, business telephone number, a | |
| 961 | - | question as to whether the applicant has been convicted of a felony in | |
| 962 | - | any state or jurisdiction and such other information as the department | |
| 963 | - | may require. [On and after October 1, 2012, any] Except for a | |
| 964 | - | community association manager trainee, any person seeking an initial | |
| 965 | - | certificate of registration shall submit to a request by the commissioner | |
| 966 | - | for a state and national criminal history records check. No registration | |
| 967 | - | as a community association manager shall be issued unless the | |
| 968 | - | commissioner has received the results of such records check. Substitute House Bill No. 7299 | |
| 707 | + | Statement of Legislative Commissioners: | |
| 708 | + | In Section 11 of the bill, Subdivisions (7) and (25) were combined for | |
| 709 | + | clarity. | |
| 969 | 710 | ||
| 970 | - | Public Act No. 19-177 30 of 51 | |
| 971 | - | ||
| 972 | - | (b) Each application for a certificate of registration as a community | |
| 973 | - | association manager shall be accompanied by an application fee of | |
| 974 | - | sixty dollars and a registration fee of one hundred dollars. The | |
| 975 | - | department shall refund the registration fee if it refuses to issue a | |
| 976 | - | certificate of registration. The department shall not charge either an | |
| 977 | - | application or a registration fee for a certificate of registration as a | |
| 978 | - | community association manager trainee. | |
| 979 | - | Sec. 22. Section 20-453 of the general statutes is repealed and the | |
| 980 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 981 | - | (a) Upon receipt of a completed application and the appropriate | |
| 982 | - | fees, the department, upon authorization of the commission, shall: (1) | |
| 983 | - | Issue and deliver to the applicant a certificate of registration; or (2) | |
| 984 | - | refuse to issue the certificate. The commission may suspend, revoke or | |
| 985 | - | refuse to issue or renew any certificate issued under sections 20-450 to | |
| 986 | - | 20-462, inclusive, as amended by this act, or may place a registrant on | |
| 987 | - | probation or issue a letter of reprimand for any of the reasons stated in | |
| 988 | - | section 20-456, as amended by this act. No application for the | |
| 989 | - | reinstatement of a certificate which has been revoked shall be accepted | |
| 990 | - | by the department within one year after the date of such revocation. | |
| 991 | - | (b) Any person issued an initial certificate of registration [on or | |
| 992 | - | after] as a community association manager prior to October 1, [2012] | |
| 993 | - | 2019, shall, not later than one year following the date of issuance of | |
| 994 | - | such certificate, successfully complete a nationally recognized course | |
| 995 | - | on community association management and pass the National Board | |
| 996 | - | of Certification for Community Association Managers' Certified | |
| 997 | - | Manager of Community Associations examination, or a similar | |
| 998 | - | examination as may be prescribed by the Commissioner of Consumer | |
| 999 | - | Protection in regulations adopted pursuant to subsection [(d)] (c) of | |
| 1000 | - | this section. | |
| 1001 | - | [(c) Any person who is a holder of a certificate of registration issued Substitute House Bill No. 7299 | |
| 1002 | - | ||
| 1003 | - | Public Act No. 19-177 31 of 51 | |
| 1004 | - | ||
| 1005 | - | prior to October 1, 2012, who has held such certificate for (1) less than | |
| 1006 | - | ten years shall, on or before October 1, 2014, successfully complete a | |
| 1007 | - | nationally recognized course on community association management | |
| 1008 | - | and pass the National Board of Certification for Community | |
| 1009 | - | Association Managers' Certified Manager of Community Associations | |
| 1010 | - | examination, or a similar examination as may be prescribed by the | |
| 1011 | - | Commissioner of Consumer Protection in regul ations adopted | |
| 1012 | - | pursuant to subsection (d) of this section, or (2) ten years or more shall, | |
| 1013 | - | on or before October 1, 2014, successfully complete a nationally | |
| 1014 | - | recognized course on community association management.] | |
| 1015 | - | [(d)] (c) The department, with the advice and assistance of the | |
| 1016 | - | commission, shall adopt regulations, in accordance with chapter 54, | |
| 1017 | - | concerning any examination required for certification under this | |
| 1018 | - | chapter and the approval of schools, institutions or organizations | |
| 1019 | - | offering courses in current practices and laws concerning community | |
| 1020 | - | association management and the content of such courses. Such | |
| 1021 | - | regulations shall include, but not be limited to: (1) Specifications for | |
| 1022 | - | meeting the educational requirements prescribed in this section; and | |
| 1023 | - | (2) exemptions from the educational requirements for reasons of health | |
| 1024 | - | or instances of individual hardship. In adopting such regulations, the | |
| 1025 | - | department may not disapprove a school, institution or organization | |
| 1026 | - | that offers an examination or courses in current practices and laws | |
| 1027 | - | concerning community association management solely because its | |
| 1028 | - | examination or courses are offered or taught by electronic means, nor | |
| 1029 | - | may the department disapprove an examination or course solely | |
| 1030 | - | because it is offered or taught by electronic means. | |
| 1031 | - | (d) An applicant for renewal of registration as a community | |
| 1032 | - | association manager shall, in addition to the other requirements | |
| 1033 | - | imposed by the provisions of this chapter, complete sixteen hours of | |
| 1034 | - | continuing education over the course of the two-year period, retain | |
| 1035 | - | proof of completion, and, upon request, provide such proof to the Substitute House Bill No. 7299 | |
| 1036 | - | ||
| 1037 | - | Public Act No. 19-177 32 of 51 | |
| 1038 | - | ||
| 1039 | - | department. Continuing education shall consist of a course or courses, | |
| 1040 | - | offered by the Connecticut Chapter of the Community Associations | |
| 1041 | - | Institute, in community association management techniques and | |
| 1042 | - | common interest community law, or similar courses as may be | |
| 1043 | - | prescribed by the Commissioner of Consumer Protection in | |
| 1044 | - | regulations adopted pursuant to this chapter. | |
| 1045 | - | Sec. 23. Section 20-454 of the general statutes is repealed and the | |
| 1046 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 1047 | - | (a) Upon refusal to issue or renew a certificate, the department shall | |
| 1048 | - | notify the applicant of the denial and of his or her right to request a | |
| 1049 | - | hearing [within] not later than ten days [from] after the date of receipt | |
| 1050 | - | of the notice of denial. | |
| 1051 | - | (b) [In the event] If the applicant requests a hearing within such ten | |
| 1052 | - | days, the [commission] department shall give notice of the grounds for | |
| 1053 | - | its refusal to issue or renew the certificate and shall conduct a hearing | |
| 1054 | - | concerning such refusal in accordance with the provisions of chapter | |
| 1055 | - | 54 concerning contested cases. | |
| 1056 | - | (c) [In the event] If the department or commission's [denial] refusal | |
| 1057 | - | of a certificate is sustained after such hearing, an applicant may make a | |
| 1058 | - | new application not less than one year after the date on which such | |
| 1059 | - | [denial] refusal was sustained. | |
| 1060 | - | Sec. 24. Section 20-456 of the general statutes is repealed and the | |
| 1061 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 1062 | - | (a) The department or commission may revoke, suspend or refuse to | |
| 1063 | - | issue or renew any certificate of registration as a community | |
| 1064 | - | association manager or community association manager trainee, place | |
| 1065 | - | [a registrant on probation] conditions upon such registrations or issue | |
| 1066 | - | a [letter] civil penalty of [reprimand] up to one thousand dollars per | |
| 1067 | - | violation for: (1) Making any material misrepresentation; (2) making Substitute House Bill No. 7299 | |
| 1068 | - | ||
| 1069 | - | Public Act No. 19-177 33 of 51 | |
| 1070 | - | ||
| 1071 | - | any false promise of a character likely to influence, persuade or induce; | |
| 1072 | - | (3) failing, within a reasonable time, to account for or remit any | |
| 1073 | - | moneys coming into his possession which belong to others; (4) | |
| 1074 | - | conviction in a court of competent jurisdiction of this or any other state | |
| 1075 | - | of forgery, embezzlement, obtaining money under false pretenses, | |
| 1076 | - | larceny, extortion, conspiracy to defraud, or other like offense or | |
| 1077 | - | offenses, provided suspension or revocation under this subdivision | |
| 1078 | - | shall be subject to the provisions of section 46a-80; (5) commingling | |
| 1079 | - | funds of others in an escrow or trustee account; (6) commingling funds | |
| 1080 | - | of different associations; (7) any act or conduct which constitutes | |
| 1081 | - | dishonest, fraudulent or improper dealings; (8) a knowing and | |
| 1082 | - | material violation of any provision of chapter 825 or 828; or (9) a | |
| 1083 | - | violation of any provision of sections 20-450 to 20-462, inclusive, as | |
| 1084 | - | amended by this act, including, but not limited to, failure to comply | |
| 1085 | - | with the educational requirements prescribed in section 20-453, as | |
| 1086 | - | amended by this act, or any regulation adopted under section 20-461. | |
| 1087 | - | (b) The department or commission shall not revoke or suspend any | |
| 1088 | - | certificate of registration except upon notice and hearing in accordance | |
| 1089 | - | with chapter 54. | |
| 1090 | - | Sec. 25. Section 20-457 of the general statutes is repealed and the | |
| 1091 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 1092 | - | (a) Each [person engaged in providing] community association | |
| 1093 | - | [management services] manager shall (1) exhibit his or her certificate | |
| 1094 | - | of registration upon request by any interested party, (2) state in any | |
| 1095 | - | advertisement the fact that he or she is registered, and (3) include his | |
| 1096 | - | or her registration number in any advertisement. In the case of a | |
| 1097 | - | business entity, the advertisement shall identify at least one principal, | |
| 1098 | - | officer or director of the entity that is a community association | |
| 1099 | - | manager and shall include the registration number of such principal, | |
| 1100 | - | officer or director. Substitute House Bill No. 7299 | |
| 1101 | - | ||
| 1102 | - | Public Act No. 19-177 34 of 51 | |
| 1103 | - | ||
| 1104 | - | (b) No person shall: (1) Present or attempt to present, as his or her | |
| 1105 | - | own, the certificate of another, (2) knowingly give false evidence of a | |
| 1106 | - | material nature to the commission or department for the purpose of | |
| 1107 | - | procuring a certificate, (3) represent himself or herself falsely as, or | |
| 1108 | - | impersonate, a registered community association manager, (4) use or | |
| 1109 | - | attempt to use a certificate which has expired or which has been | |
| 1110 | - | suspended or revoked, (5) offer to provide association management | |
| 1111 | - | services without having a current certificate of registration under | |
| 1112 | - | sections 20-450 to 20-462, inclusive, as amended by this act, (6) | |
| 1113 | - | represent in any manner that his or her registration constitutes an | |
| 1114 | - | endorsement of the quality of his or her services or of his or her | |
| 1115 | - | competency by the commission or department. In addition to any | |
| 1116 | - | other remedy provided for in sections 20-450 to 20-462, inclusive, as | |
| 1117 | - | amended by this act, any person who violates any provision of this | |
| 1118 | - | subsection shall, after an administrative hearing, be fined not more | |
| 1119 | - | than one thousand dollars, or shall be imprisoned for not more than | |
| 1120 | - | one year or be both fined and imprisoned. A violation of any of the | |
| 1121 | - | provisions of sections 20-450 to 20-462, inclusive, as amended by this | |
| 1122 | - | act, shall be deemed an unfair or deceptive trade practice under | |
| 1123 | - | subsection (a) of section 42-110b. | |
| 1124 | - | (c) Certificates issued to community association managers shall not | |
| 1125 | - | be transferable or assignable. | |
| 1126 | - | (d) All certificates issued to community association managers under | |
| 1127 | - | the provisions of sections 20-450 to 20-462, inclusive, as amended by | |
| 1128 | - | this act, shall expire annually on the thirty-first day of January. A | |
| 1129 | - | holder of a certificate of registration who seeks to renew his or her | |
| 1130 | - | certificate shall, when filing an application for renewal of the | |
| 1131 | - | certificate, submit documentation to the department which establishes | |
| 1132 | - | that he or she has passed any examination and completed any | |
| 1133 | - | educational coursework, as the case may be, required for certification | |
| 1134 | - | under this chapter. The fee for renewal of a certificate shall be two Substitute House Bill No. 7299 | |
| 1135 | - | ||
| 1136 | - | Public Act No. 19-177 35 of 51 | |
| 1137 | - | ||
| 1138 | - | hundred dollars. | |
| 1139 | - | (e) A community association manager whose certificate has expired | |
| 1140 | - | more than one month before his or her application for renewal is made | |
| 1141 | - | shall have his or her registration restored upon payment of a fee of | |
| 1142 | - | fifty dollars in addition to his or her renewal fee. Restoration of a | |
| 1143 | - | registration shall be effective upon approval of the application for | |
| 1144 | - | renewal by the commission or department. | |
| 1145 | - | (f) A certificate shall not be restored unless it is renewed not later | |
| 1146 | - | than one year after its expiration. | |
| 1147 | - | [(e)] (g) Failure to receive a notice of expiration or a renewal | |
| 1148 | - | application shall not exempt a community association manager from | |
| 1149 | - | the obligation to renew. | |
| 1150 | - | (h) All certificates issued to community association manager | |
| 1151 | - | trainees under the provisions of sections 20-450 to 20-462, inclusive, as | |
| 1152 | - | amended by this act, shall expire six months from the date of issuance | |
| 1153 | - | and shall not be renewable. | |
| 1154 | - | Sec. 26. Section 20-458 of the general statutes is repealed and the | |
| 1155 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 1156 | - | (a) No contract between a person contracting to provide association | |
| 1157 | - | management services and an association which provides for the | |
| 1158 | - | management of the association shall be valid or enforceable unless the | |
| 1159 | - | contract is in writing and provides that the person contracting to | |
| 1160 | - | provide association management services or, in the case of a business | |
| 1161 | - | entity, a principal, officer or director of such entity: | |
| 1162 | - | (1) [Provides that the person contracting to provide management | |
| 1163 | - | services shall] Shall be registered as provided in sections 20-450 to 20- | |
| 1164 | - | 462, inclusive, as amended by this act, and shall obtain [a bond] | |
| 1165 | - | insurance as provided in section 20-460, as amended by this act; and Substitute House Bill No. 7299 | |
| 1166 | - | ||
| 1167 | - | Public Act No. 19-177 36 of 51 | |
| 1168 | - | ||
| 1169 | - | (2) [Provides that the person contracting to provide management | |
| 1170 | - | services shall] Shall not issue a check on behalf of the association or | |
| 1171 | - | transfer moneys exceeding a specified amount determined by the | |
| 1172 | - | association without the written approval of an officer designated by | |
| 1173 | - | the association; and | |
| 1174 | - | (3) [Provides that the person contracting to provide management | |
| 1175 | - | services shall] Shall not enter into any contract binding the association | |
| 1176 | - | exceeding a specified amount determined by the association, except in | |
| 1177 | - | the case of an emergency, without the written approval of an officer | |
| 1178 | - | designated by the association. | |
| 1179 | - | (b) No contract to provide association management services shall: | |
| 1180 | - | (1) Be sold or assigned to another person without the approval of a | |
| 1181 | - | majority of the executive board of the association; or | |
| 1182 | - | (2) Include any clause, covenant or agreement that indemnifies or | |
| 1183 | - | holds harmless the person contracting to provide association | |
| 1184 | - | management services from or against any liability for loss or damage | |
| 1185 | - | resulting from such person's negligence or wilful misconduct. | |
| 1186 | - | Sec. 27. Section 20-460 of the general statutes is repealed and the | |
| 1187 | - | following is substituted in lieu thereof (Effective October 1, 2019): | |
| 1188 | - | (a) No [person who provides] community association [management | |
| 1189 | - | services under the provisions of sections 20-450 to 20-462, inclusive,] | |
| 1190 | - | manager, nor any community association manager trainee or support | |
| 1191 | - | or administrative staff employed or engaged by such community | |
| 1192 | - | association manager shall control, collect, have access to or disburse | |
| 1193 | - | funds of an association unless [, at all times during which the person | |
| 1194 | - | controls, collects, has access to or disburses such funds,] there is in | |
| 1195 | - | effect, a commercially available insurance policy complying with the | |
| 1196 | - | provisions of this section that provides protection of such funds | |
| 1197 | - | belonging to an association from the theft by a community association Substitute House Bill No. 7299 | |
| 1198 | - | ||
| 1199 | - | Public Act No. 19-177 37 of 51 | |
| 1200 | - | ||
| 1201 | - | manager, a community association manager trainee, a community | |
| 1202 | - | association management company or its employees. | |
| 1203 | - | (b) The commercially available insurance policy referred to in | |
| 1204 | - | subsection (a) of this section shall: (1) Be written by an insurance | |
| 1205 | - | company authorized to write such policies in this state; (2) except as | |
| 1206 | - | provided in subsection (c) of this section, cover the maximum funds | |
| 1207 | - | that will be in the custody of the community association manager at | |
| 1208 | - | any time while the bond is in force, and in no event be less than the | |
| 1209 | - | sum of three months' assessments plus reserve funds; (3) name the | |
| 1210 | - | association as obligee; (4) cover the community association manager, | |
| 1211 | - | community association manager trainee and all partners, officers, | |
| 1212 | - | employees of the community association manager and may cover | |
| 1213 | - | other persons controlling, collecting, having access to or disbursing | |
| 1214 | - | association funds as well; (5) be conditioned upon the persons covered | |
| 1215 | - | by the policy truly and faithfully accounting for all funds received by | |
| 1216 | - | them, under their care, custody or control, or to which they have | |
| 1217 | - | access; (6) provide that the insurance company issuing the policy may | |
| 1218 | - | not cancel, substantially modify or refuse to renew the policy without | |
| 1219 | - | giving thirty days' prior written notice to the association and the | |
| 1220 | - | department, except in the case of a nonpayment of premiums, in which | |
| 1221 | - | case ten days' prior written notice shall be given; (7) contain such other | |
| 1222 | - | provisions as the department may, by regulation, require. | |
| 1223 | - | (c) The policy of a person who is employed full-time by and | |
| 1224 | - | provides association management services to an association of a | |
| 1225 | - | common interest community, or to a master association as defined in | |
| 1226 | - | section 47-239 exercising the powers on behalf of one or more common | |
| 1227 | - | interest communities or for the benefit of the unit owners of one or | |
| 1228 | - | more common interest communities, which community or | |
| 1229 | - | communities were established prior to July 3, 1991, and have more | |
| 1230 | - | than two thousand four hundred residential units, shall be in an | |
| 1231 | - | amount which is not less than one-half the amount specified in Substitute House Bill No. 7299 | |
| 1232 | - | ||
| 1233 | - | Public Act No. 19-177 38 of 51 | |
| 1234 | - | ||
| 1235 | - | subdivision (2) of subsection (b) of this section. | |
| 1236 | - | (d) The community association manager shall furnish to the | |
| 1237 | - | department, upon request, a certificate of each policy required under | |
| 1238 | - | this section. | |
| 1239 | - | (e) Unless otherwise provided for in a written agreement between | |
| 1240 | - | the community association manager and the association pursuant to | |
| 1241 | - | subsection (f) of this section, the cost of the policy shall be paid for by | |
| 1242 | - | the community association manager. | |
| 1243 | - | (f) If, as of October 1, 1990, any community association manager is | |
| 1244 | - | providing association management services, including the handling of | |
| 1245 | - | funds, or has entered into an agreement to provide association | |
| 1246 | - | management services including the handling of funds, and has no | |
| 1247 | - | written agreement, concerning which party shall pay the cost of policy, | |
| 1248 | - | the cost of the policy shall be paid for in accordance with the | |
| 1249 | - | declaration and bylaws of the association, and if the declaration and | |
| 1250 | - | bylaws contain no such provision, the cost of the policy shall be paid | |
| 1251 | - | one-half by the community association manager and one-half by the | |
| 1252 | - | association unless the parties otherwise agree in writing. | |
| 1253 | - | (g) A separate policy shall be furnished for each association for | |
| 1254 | - | which a community association manager provides association | |
| 1255 | - | management services, including the handling of funds. | |
| 1256 | - | (h) An insurance policy obtained and maintained by an association | |
| 1257 | - | under section 47-255, which affords the coverages required in this | |
| 1258 | - | section, shall be deemed compliant with this section. | |
| 1259 | - | Sec. 28. Section 20-633b of the general statutes is repealed and the | |
| 1260 | - | following is substituted in lieu thereof (Effective January 1, 2020): | |
| 1261 | - | (a) As used in this section: Substitute House Bill No. 7299 | |
| 1262 | - | ||
| 1263 | - | Public Act No. 19-177 39 of 51 | |
| 1264 | - | ||
| 1265 | - | (1) "Medical order" means a written, oral or electronic order by a | |
| 1266 | - | prescribing practitioner, as defined in section 20-14c, for a drug to be | |
| 1267 | - | dispensed by a pharmacy for administration to a patient; | |
| 1268 | - | (2) "Sterile compounding pharmacy" means a pharmacy, as defined | |
| 1269 | - | in section 20-571, a nonresident pharmacy registered pursuant to | |
| 1270 | - | section 20-627, that dispenses or compounds sterile pharmaceuticals; | |
| 1271 | - | [and] | |
| 1272 | - | (3) "Sterile pharmaceutical" means any dosage form of a drug, | |
| 1273 | - | including, but not limited to, parenterals, injectables, surgical irrigants | |
| 1274 | - | and ophthalmics devoid of viable microorganisms; [.] and | |
| 1275 | - | (4) "USP chapters" means chapters 797, 800 and 825 of the United | |
| 1276 | - | States Pharmacopeia that pertain to compounding sterile | |
| 1277 | - | pharmaceuticals and their referenced companion documents, as | |
| 1278 | - | amended from time to time. | |
| 1279 | - | (b) (1) If an applicant for a new pharmacy license pursuant to | |
| 1280 | - | section 20-594, as amended by this act, intends to compound sterile | |
| 1281 | - | pharmaceuticals, the applicant shall file an addendum to its pharmacy | |
| 1282 | - | license application to include sterile pharmaceutical compounding. | |
| 1283 | - | The Department of Consumer Protection shall inspect the proposed | |
| 1284 | - | pharmacy premises of the applicant and the applicant shall not | |
| 1285 | - | compound sterile pharmaceuticals until it receives notice that the | |
| 1286 | - | addendum application has been approved by the department and the | |
| 1287 | - | Commission of Pharmacy. | |
| 1288 | - | (2) If an existing pharmacy licensed pursuant to section 20-594, as | |
| 1289 | - | amended by this act, intends to compound sterile pharmaceuticals for | |
| 1290 | - | the first time on or after July 1, 2014, such pharmacy shall file an | |
| 1291 | - | addendum application to its application on file with the department to | |
| 1292 | - | include sterile pharmaceutical compounding. The Department of | |
| 1293 | - | Consumer Protection shall inspect the pharmacy premises and the Substitute House Bill No. 7299 | |
| 1294 | - | ||
| 1295 | - | Public Act No. 19-177 40 of 51 | |
| 1296 | - | ||
| 1297 | - | pharmacy shall not compound sterile pharmaceuticals until it receives | |
| 1298 | - | notice that such addendum application has been approved by the | |
| 1299 | - | department and the Commission of Pharmacy. | |
| 1300 | - | (3) If an applicant for a nonresident pharmacy registration intends | |
| 1301 | - | to compound sterile pharmaceuticals for sale or delivery in this state, | |
| 1302 | - | the applicant shall file an addendum to its application to include sterile | |
| 1303 | - | pharmaceutical compounding. The applicant shall provide the | |
| 1304 | - | department with written proof it has passed inspection by the | |
| 1305 | - | appropriate state agency in the state where such nonresident | |
| 1306 | - | pharmacy is located. Such pharmacy shall not compound sterile | |
| 1307 | - | pharmaceuticals for sale or delivery in this state until it receives notice | |
| 1308 | - | that the addendum application has been approved by the department | |
| 1309 | - | and the Commission of Pharmacy. | |
| 1310 | - | (4) If a nonresident pharmacy registered pursuant to section 20-627 | |
| 1311 | - | intends to compound sterile pharmaceuticals for sale or delivery in | |
| 1312 | - | this state for the first time on or after July 1, 2014, the nonresident | |
| 1313 | - | pharmacy shall file an addendum to its application to include sterile | |
| 1314 | - | pharmaceutical compounding. The nonresident pharmacy shall | |
| 1315 | - | provide the department with written proof it has passed inspection by | |
| 1316 | - | the appropriate state agency in the state where such nonresident | |
| 1317 | - | pharmacy is located. Such pharmacy shall not compound sterile | |
| 1318 | - | pharmaceuticals until it receives notice that the addendum application | |
| 1319 | - | has been approved by the department and the Commission of | |
| 1320 | - | Pharmacy. | |
| 1321 | - | (c) A sterile compounding pharmacy shall comply with the [most | |
| 1322 | - | recent version of the United States Pharmacopeia, Pharmaceutical | |
| 1323 | - | Compounding - Sterile Preparations, as amended from time to time] | |
| 1324 | - | USP chapters. A sterile compounding pharmacy shall also comply | |
| 1325 | - | with all applicable federal and state statutes and regulations. | |
| 1326 | - | (d) An institutional pharmacy within a facility licensed pursuant to Substitute House Bill No. 7299 | |
| 1327 | - | ||
| 1328 | - | Public Act No. 19-177 41 of 51 | |
| 1329 | - | ||
| 1330 | - | section 19a-490 that compounds sterile pharmaceuticals shall comply | |
| 1331 | - | with the [most recent United States Pharmacopeia, Chapter 797, | |
| 1332 | - | Pharmaceutical Compounding - Sterile Preparations, as amended from | |
| 1333 | - | time to time] USP chapters, and shall also comply with all applicable | |
| 1334 | - | federal and state statutes and regulations. Such institutional pharmacy | |
| 1335 | - | may request from the Commissioner of Consumer Protection an | |
| 1336 | - | extension of time, not to exceed six months, to comply, for state | |
| 1337 | - | enforcement purposes, with any amendments to [Chapter 797] USP | |
| 1338 | - | chapters, for good cause shown. The commissioner may grant an | |
| 1339 | - | extension for a length of time not to exceed six months. Nothing | |
| 1340 | - | [herein] in this section shall prevent such institutional pharmacy from | |
| 1341 | - | requesting a subsequent extension of time or shall prevent the | |
| 1342 | - | commissioner from granting such extension. | |
| 1343 | - | (e) (1) A sterile compounding pharmacy may only provide patient- | |
| 1344 | - | specific sterile pharmaceuticals to patients, practitioners of medicine, | |
| 1345 | - | osteopathy, podiatry, dentistry or veterinary medicine, or to an acute | |
| 1346 | - | care or long-term care hospital or health care facility licensed by the | |
| 1347 | - | Department of Public Health. | |
| 1348 | - | (2) If a sterile compounding pharmacy provides sterile | |
| 1349 | - | pharmaceuticals without a patient-specific prescription or medical | |
| 1350 | - | order, the sterile compounding pharmacy shall also obtain a certificate | |
| 1351 | - | of registration from the Department of Consumer Protection pursuant | |
| 1352 | - | to section 21a-70 and any required federal license or registration. A | |
| 1353 | - | sterile compounding pharmacy may prepare and maintain on-site | |
| 1354 | - | inventory of sterile pharmaceuticals no greater than a thirty-day | |
| 1355 | - | supply, calculated from the completion of compounding, which thirty- | |
| 1356 | - | day period shall include the period required for third-party analytical | |
| 1357 | - | testing, to be performed in accordance with the [most recent United | |
| 1358 | - | States Pharmacopeia, Chapter 797, Pharmaceutical Compounding - | |
| 1359 | - | Sterile Preparations, as amended from time to time] USP chapters. | |
| 1360 | - | (f) (1) If a sterile compounding pharmacy plans to remodel a Substitute House Bill No. 7299 | |
| 1361 | - | ||
| 1362 | - | Public Act No. 19-177 42 of 51 | |
| 1363 | - | ||
| 1364 | - | pharmacy clean room within the sterile compounding facility, relocate | |
| 1365 | - | a pharmacy clean room within the facility or upgrade or conduct a | |
| 1366 | - | nonemergency repair to the heating, ventilation, air conditioning or | |
| 1367 | - | primary engineering controls for a pharmacy clean room within the | |
| 1368 | - | facility, the sterile compounding pharmacy shall notify the | |
| 1369 | - | Department of Consumer Protection, in writing, not later than ten days | |
| 1370 | - | prior to commencing such remodel, relocation, upgrade or repair. If a | |
| 1371 | - | sterile compounding pharmacy makes an emergency repair, the sterile | |
| 1372 | - | compounding pharmacy shall notify the department of such repair, in | |
| 1373 | - | writing, as soon as possible after such repair is commenced. | |
| 1374 | - | (2) If the [United States Pharmacopeia, Chapter 797, Pharmaceutical | |
| 1375 | - | Compounding - Sterile Preparations, as amended from time to time, | |
| 1376 | - | requires] USP chapters require sterile recertification after such | |
| 1377 | - | remodel, relocation, upgrade or repair, the sterile compounding | |
| 1378 | - | pharmacy shall provide a copy of its sterile recertification to the | |
| 1379 | - | Department of Consumer Protection not later than five days after the | |
| 1380 | - | sterile recertification approval. The recertification shall only be | |
| 1381 | - | performed by an independent licensed environmental monitoring | |
| 1382 | - | entity. | |
| 1383 | - | (g) A sterile compounding pharmacy shall report, in writing, to the | |
| 1384 | - | Department of Consumer Protection any known violation or | |
| 1385 | - | noncompliance with viable and nonviable environmental sampling | |
| 1386 | - | testing, as defined in the [most recent United States Pharmacopeia, | |
| 1387 | - | Chapter 797, Pharmaceutical Compounding - Sterile Preparations, as | |
| 1388 | - | amended from time to time] USP chapters, not later than the end of the | |
| 1389 | - | next business day after discovering such violation or noncompliance. | |
| 1390 | - | (h) (1) If a sterile compounding pharmacy initiates a recall of sterile | |
| 1391 | - | pharmaceuticals that were dispensed pursuant to a patient-specific | |
| 1392 | - | prescription or medical order, the sterile compounding pharmacy shall | |
| 1393 | - | notify each patient or patient care giver, the prescribing practitioner | |
| 1394 | - | and the Department of Consumer Protection of such recall not later Substitute House Bill No. 7299 | |
| 1395 | - | ||
| 1396 | - | Public Act No. 19-177 43 of 51 | |
| 1397 | - | ||
| 1398 | - | than twenty-four hours after such recall was initiated. | |
| 1399 | - | (2) If a sterile compounding pharmacy initiates a recall of sterile | |
| 1400 | - | pharmaceuticals that were not dispensed pursuant to a patient-specific | |
| 1401 | - | prescription or a medical order, the sterile compounding pharmacy | |
| 1402 | - | shall notify: (A) Each purchaser of such sterile pharmaceuticals, to the | |
| 1403 | - | extent such sterile compounding pharmacy possesses contact | |
| 1404 | - | information for each such purchaser, (B) the Department of Consumer | |
| 1405 | - | Protection, and (C) the federal Food and Drug Administration of such | |
| 1406 | - | recall not later than the end of the next business day after such recall | |
| 1407 | - | was initiated. | |
| 1408 | - | (i) Each sterile compounding pharmacy and each institutional | |
| 1409 | - | pharmacy within a facility licensed pursuant to section 19a-490 shall | |
| 1410 | - | prepare and maintain a policy and procedure manual. The policy and | |
| 1411 | - | procedure manual shall comply with the [most recent United States | |
| 1412 | - | Pharmacopeia, Chapter 797, Pharmaceutical Compounding - Sterile | |
| 1413 | - | Preparations, as amended from time to time] USP chapters. | |
| 1414 | - | (j) Each sterile compounding pharmacy shall report to the | |
| 1415 | - | Department of Consumer Protection any administrative or legal action | |
| 1416 | - | commenced against it by any state or federal regulatory agency or | |
| 1417 | - | accreditation entity not later than five business days after receiving | |
| 1418 | - | notice of the commencement of such action. | |
| 1419 | - | (k) Notwithstanding the provisions of subdivisions (3) and (4) of | |
| 1420 | - | subsection (b) of this section, a sterile compounding pharmacy that is a | |
| 1421 | - | nonresident pharmacy shall provide the Department of Consumer | |
| 1422 | - | Protection proof that it has passed an inspection in such nonresident | |
| 1423 | - | pharmacy's home state, based on the [most recent United States | |
| 1424 | - | Pharmacopeia, Chapter 797, Pharmaceutical Compounding - Sterile | |
| 1425 | - | Preparations compliance standards, as amended from time to time] | |
| 1426 | - | USP chapters. Such nonresident pharmacy shall submit to the | |
| 1427 | - | Department of Consumer Protection a copy of the most recent Substitute House Bill No. 7299 | |
| 1428 | - | ||
| 1429 | - | Public Act No. 19-177 44 of 51 | |
| 1430 | - | ||
| 1431 | - | inspection report with its initial nonresident pharmacy application and | |
| 1432 | - | shall submit to the department a copy of its most recent inspection | |
| 1433 | - | report every two years thereafter. If the state in which the nonresident | |
| 1434 | - | pharmacy is located does not conduct inspections based on standards | |
| 1435 | - | required in the [most recent United States Pharmacopeia, Chapter 797, | |
| 1436 | - | Pharmaceutical Compounding, as amended from time to time] USP | |
| 1437 | - | chapters, such nonresident pharmacy shall provide satisfactory proof | |
| 1438 | - | to the department that it is in compliance with the standards required | |
| 1439 | - | in the [most recent United States Pharmacopeia, Chapter 797, | |
| 1440 | - | Pharmaceutical Compounding as amended from time to time] USP | |
| 1441 | - | chapters. | |
| 1442 | - | (l) A practitioner, as specified in subdivision (1) of subsection (e) of | |
| 1443 | - | this section, a hospital or a health care facility that receives sterile | |
| 1444 | - | pharmaceuticals shall report any errors related to such dispensing or | |
| 1445 | - | any suspected adulterated sterile pharmaceuticals to the Department | |
| 1446 | - | of Consumer Protection. | |
| 1447 | - | (m) (1) For purposes of this subsection, a "designated pharmacist" | |
| 1448 | - | means a pharmacist responsible for overseeing the compounding of | |
| 1449 | - | sterile pharmaceuticals and the application of the USP chapters, as said | |
| 1450 | - | chapters pertain to sterile compounding. | |
| 1451 | - | (2) Any pharmacy licensed pursuant to section 20-594, as amended | |
| 1452 | - | by this act, or institutional pharmacy licensed pursuant to section 19a- | |
| 1453 | - | 490 that provides sterile pharmaceuticals shall notify the department | |
| 1454 | - | of its designated pharmacist. | |
| 1455 | - | (3) The designated pharmacist shall be responsible for providing | |
| 1456 | - | proof he or she has completed a program approved by the | |
| 1457 | - | commissioner that demonstrates the competence necessary for the | |
| 1458 | - | compounding of sterile pharmaceuticals, in compliance with all | |
| 1459 | - | applicable federal and state statutes and regulations. Substitute House Bill No. 7299 | |
| 1460 | - | ||
| 1461 | - | Public Act No. 19-177 45 of 51 | |
| 1462 | - | ||
| 1463 | - | (4) The designated pharmacist shall immediately notify the | |
| 1464 | - | department whenever he or she ceases such designation. | |
| 1465 | - | (5) Nothing in this section shall prevent a designated pharmacist | |
| 1466 | - | from being the pharmacy manager. | |
| 1467 | - | [(m)] (n) The Commissioner of Consumer Protection may adopt | |
| 1468 | - | regulations, in accordance with chapter 54, to implement the | |
| 1469 | - | provisions of this section. | |
| 1470 | - | Sec. 29. Section 20-594 of the general statutes is amended by adding | |
| 1471 | - | subsection (f) as follows (Effective from passage): | |
| 1472 | - | (NEW) (f) Each pharmacy licensed pursuant to this section shall | |
| 1473 | - | report to the department any administrative or legal action | |
| 1474 | - | commenced against it by any state or federal regulatory agency or | |
| 1475 | - | accreditation entity not later than ten business days after receiving | |
| 1476 | - | notice of the commencement of such action. | |
| 1477 | - | Sec. 30. Subsection (h) of section 21a-243 of the general statutes is | |
| 1478 | - | repealed and the following is substituted in lieu thereof (Effective from | |
| 1479 | - | passage): | |
| 1480 | - | (h) When a drug that is not a controlled substance in schedule I, II, | |
| 1481 | - | III, IV or V, as designated in the Connecticut controlled substance | |
| 1482 | - | scheduling regulations, is designated to be a controlled substance | |
| 1483 | - | under the federal Controlled Substances Act, such drug shall be | |
| 1484 | - | considered to be controlled at the state level in the same numerical | |
| 1485 | - | schedule [for a period of two hundred forty days] from the effective | |
| 1486 | - | date of the federal classification. Nothing in this section shall prevent | |
| 1487 | - | the Commissioner of Consumer Protection from designating a | |
| 1488 | - | controlled substance differently in the Connecticut controlled | |
| 1489 | - | substance scheduling regulations than such controlled substance is | |
| 1490 | - | designated in the federal Controlled Substances Act, as amended from | |
| 1491 | - | time to time. Substitute House Bill No. 7299 | |
| 1492 | - | ||
| 1493 | - | Public Act No. 19-177 46 of 51 | |
| 1494 | - | ||
| 1495 | - | Sec. 31. Subsection (e) of section 21a-243 of the general statutes is | |
| 1496 | - | repealed and the following is substituted in lieu thereof (Effective from | |
| 1497 | - | passage): | |
| 1498 | - | (e) Notwithstanding the provisions of subsections (a) to (d), | |
| 1499 | - | inclusive, of this section, not later than January 1, 2013, the | |
| 1500 | - | Commissioner of Consumer Protection shall submit amendments to | |
| 1501 | - | sections 21a-243-7 and 21a-243-8 of the regulations of Connecticut state | |
| 1502 | - | agencies to the standing legislative regulation review committee to | |
| 1503 | - | reclassify marijuana as a controlled substance in schedule II under the | |
| 1504 | - | Connecticut controlled substance scheduling regulations, except that | |
| 1505 | - | for any marijuana product that has been approved by the federal Food | |
| 1506 | - | and Drug Administration or successor agency to have a medical use | |
| 1507 | - | and that is reclassified in any schedule of controlled substances or | |
| 1508 | - | unscheduled by the federal Drug Enforcement Administration or | |
| 1509 | - | successor agency, the commissioner shall adopt the schedule | |
| 1510 | - | designated by the Drug Enforcement Administration or successor | |
| 1511 | - | agency. | |
| 1512 | - | Sec. 32. Subdivision (4) of section 20-500 of the general statutes is | |
| 1513 | - | repealed and the following is substituted in lieu thereof (Effective from | |
| 1514 | - | passage): | |
| 1515 | - | (4) "Appraisal management services" means any of the following: | |
| 1516 | - | (A) The administration of an appraiser panel; | |
| 1517 | - | (B) The recruitment of certified appraisers to be part of an appraiser | |
| 1518 | - | panel, including, but not limited to, the negotiation of fees to be paid | |
| 1519 | - | to, and services to be provided by, such appraisers for their | |
| 1520 | - | participation on such panel; or | |
| 1521 | - | (C) The receipt of an appraisal request or order or an appraisal | |
| 1522 | - | review request or order and the delivery of such request or order to an | |
| 1523 | - | appraiser panel. Substitute House Bill No. 7299 | |
| 1524 | - | ||
| 1525 | - | Public Act No. 19-177 47 of 51 | |
| 1526 | - | ||
| 1527 | - | Sec. 33. Subsection (a) of section 20-529b of the general statutes is | |
| 1528 | - | repealed and the following is substituted in lieu thereof (Effective from | |
| 1529 | - | passage): | |
| 1530 | - | (a) No appraisal management company applying for a certificate of | |
| 1531 | - | registration shall: | |
| 1532 | - | (1) Be [more than ten per cent] owned by any person who has had | |
| 1533 | - | an appraiser license or certificate denied, refused to be renewed, | |
| 1534 | - | suspended or revoked in any state; | |
| 1535 | - | (2) Be owned by any partnership, association, limited liability | |
| 1536 | - | company or corporation that is more than ten per cent owned by any | |
| 1537 | - | person who has had an appraiser license or certificate denied, refused | |
| 1538 | - | to be renewed, suspended or revoked in any state; | |
| 1539 | - | (3) Employ any person to perform job functions related to the | |
| 1540 | - | ordering, preparation, performance or review of appraisals who has | |
| 1541 | - | had an appraiser license or certificate denied, refused to be renewed, | |
| 1542 | - | suspended or revoked; or | |
| 1543 | - | (4) Enter into any contract, agreement or other business | |
| 1544 | - | arrangement, written or oral, for the procurement of appraisal services | |
| 1545 | - | in this state, with (A) any person who has had an appraiser license or | |
| 1546 | - | certificate denied, refused to be renewed, suspended or revoked, or (B) | |
| 1547 | - | any partnership, association, limited liability company or corporation | |
| 1548 | - | that employs or has entered into any contract, agreement or other | |
| 1549 | - | business arrangement, whether oral, written or any other form, with | |
| 1550 | - | any person who has had an appraiser license or certificate denied, | |
| 1551 | - | refused to be renewed, suspended or revoked. | |
| 1552 | - | Sec. 34. Subsection (a) of section 20-529c of the general statutes is | |
| 1553 | - | repealed and the following is substituted in lieu thereof (Effective from | |
| 1554 | - | passage): Substitute House Bill No. 7299 | |
| 1555 | - | ||
| 1556 | - | Public Act No. 19-177 48 of 51 | |
| 1557 | - | ||
| 1558 | - | (a) [Except within the first thirty days after] After an appraiser is | |
| 1559 | - | initially added to an appraiser panel of an appraisal management | |
| 1560 | - | company, such company shall not remove an appraiser from its | |
| 1561 | - | appraiser panel or otherwise refuse to assign requests or orders for | |
| 1562 | - | appraisals without: | |
| 1563 | - | (1) Notifying the appraiser in writing of the reasons why the | |
| 1564 | - | appraiser is being removed; | |
| 1565 | - | (2) If the appraiser is being removed for alleged illegal conduct, | |
| 1566 | - | violation of the USPAP or violation of state licensing standards, | |
| 1567 | - | notifying the appraiser in writing of the nature of the alleged conduct | |
| 1568 | - | or violation; and | |
| 1569 | - | (3) Providing the appraiser with an opportunity to respond to such | |
| 1570 | - | notice. | |
| 1571 | - | Sec. 35. Section 20-323 of the general statutes is repealed and the | |
| 1572 | - | following is substituted in lieu thereof (Effective from passage): | |
| 1573 | - | Any licensee under this chapter who is convicted of a violation of | |
| 1574 | - | any of the offenses enumerated in subdivision (8) of section 20-320 | |
| 1575 | - | [shall] may incur a forfeiture of his or her license and all moneys that | |
| 1576 | - | may have been paid for such license. The clerk of any court in which | |
| 1577 | - | such conviction has been rendered shall forward to the commission | |
| 1578 | - | without charge a certified copy of such conviction. The [commission, | |
| 1579 | - | upon the receipt of a copy of the judgment of conviction, shall, not | |
| 1580 | - | later than ten days after such receipt, notify the licensee, in writing, of | |
| 1581 | - | the revocation of his license] commissioner may revoke such licensee's | |
| 1582 | - | license after proceedings as provided in section 20-321. Such notice | |
| 1583 | - | shall be conclusive of the revocation of such license. Application for | |
| 1584 | - | reinstatement of such license shall be subject to the provisions of | |
| 1585 | - | section 46a-80. | |
| 1586 | - | Sec. 36. Section 21a-190d of the general statutes is repealed and the Substitute House Bill No. 7299 | |
| 1587 | - | ||
| 1588 | - | Public Act No. 19-177 49 of 51 | |
| 1589 | - | ||
| 1590 | - | following is substituted in lieu thereof (Effective from passage): | |
| 1591 | - | The following charitable organizations that engage in solicitation | |
| 1592 | - | shall not be subject to the provisions of sections 21a-190b and 21a-190c, | |
| 1593 | - | provided each such organization, prior to conducting any solicitation | |
| 1594 | - | or prior to having any solicitation conducted on behalf of others, shall | |
| 1595 | - | submit such information as the department may require to substantiate | |
| 1596 | - | an exemption under this section in a form prescribed by the | |
| 1597 | - | commissioner: | |
| 1598 | - | (1) Any duly organized religious corporation, institution or society; | |
| 1599 | - | (2) Any parent-teacher association or educational institution, the | |
| 1600 | - | curricula of which in whole or in part are registered or approved by | |
| 1601 | - | any state or the United States either directly or by acceptance of | |
| 1602 | - | accreditation by an accrediting body; | |
| 1603 | - | (3) Any nonprofit hospital licensed in accordance with the | |
| 1604 | - | provisions of section 19a-630 or any similar provision of the laws of | |
| 1605 | - | any other state; | |
| 1606 | - | (4) Any governmental unit or instrumentality of any state or the | |
| 1607 | - | United States; | |
| 1608 | - | (5) Any person who solicits solely for the benefit of organizations | |
| 1609 | - | described in subdivisions (1) to (4), inclusive, of this section; and | |
| 1610 | - | (6) Any charitable organization which normally receives less than | |
| 1611 | - | fifty thousand dollars in contributions annually, provided such | |
| 1612 | - | organization does not compensate any person primarily to conduct | |
| 1613 | - | solicitations. | |
| 1614 | - | Sec. 37. Subsection (b) of section 21a-4 of the general statutes is | |
| 1615 | - | repealed and the following is substituted in lieu thereof (Effective from | |
| 1616 | - | passage): Substitute House Bill No. 7299 | |
| 1617 | - | ||
| 1618 | - | Public Act No. 19-177 50 of 51 | |
| 1619 | - | ||
| 1620 | - | (b) The Commissioner of Consumer Protection may impose a fine of | |
| 1621 | - | twenty dollars on any applicant for a permit or license issued by the | |
| 1622 | - | Commissioner of Consumer Protection who issues to the | |
| 1623 | - | commissioner a check or electronic funds transfer drawn on the | |
| 1624 | - | account of such applicant in payment of a permit or license fee and | |
| 1625 | - | whose check or electronic funds transfer is returned to the Department | |
| 1626 | - | of Consumer Protection as uncollectible. In addition, the commissioner | |
| 1627 | - | may require the applicant to pay to the department any fees charged | |
| 1628 | - | by a financial institution to the department as a result of such returned | |
| 1629 | - | check or electronic funds transfer. | |
| 1630 | - | Sec. 38. Subdivision (8) of section 21a-62b of the general statutes is | |
| 1631 | - | repealed and the following is substituted in lieu thereof (Effective from | |
| 1632 | - | passage): | |
| 1633 | - | (8) "Potentially hazardous food" means a food that requires time | |
| 1634 | - | and temperature control for safety to limit pathogenic microorganism | |
| 1635 | - | growth or toxin formation, which controls shall be consistent with the | |
| 1636 | - | United States Food and Drug Administration's Food Code definition | |
| 1637 | - | for time and temperature control for safety food, as amended from | |
| 1638 | - | time to time, and adopted by reference by the commissioner pursuant | |
| 1639 | - | to section 19a-36h. | |
| 1640 | - | Sec. 39. Subsection (d) of section 20-306a of the general statutes is | |
| 1641 | - | repealed and the following is substituted in lieu thereof (Effective | |
| 1642 | - | October 1, 2019): | |
| 1643 | - | (d) Not less than two-thirds of the individual members of a limited | |
| 1644 | - | liability company or owners of a professional corporation that | |
| 1645 | - | practices or offers to practice professional engineering or land | |
| 1646 | - | surveying services in this state shall be individually licensed under the | |
| 1647 | - | provisions of this chapter and shall own not less than two-thirds of the | |
| 1648 | - | voting interests of the limited liability company or not less than two- | |
| 1649 | - | thirds of the voting stock of the professional corporation. Substitute House Bill No. 7299 | |
| 1650 | - | ||
| 1651 | - | Public Act No. 19-177 51 of 51 | |
| 1652 | - | ||
| 711 | + | GL Joint Favorable Subst. | |
| 1653 | 712 |