Substitute House Bill No. 7299
Public Act No. 19-177
AN ACT MAKING CHANGE S TO DEPARTMENT OF C ONSUMER
PROTECTION ENFORCEME NT STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (b) of section 51-164n of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(b) Notwithstanding any provision of the general statutes, any
person who is alleged to have committed (1) a violation under the
provisions of section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-
283, 7-325, 7-393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-
198, 10-230, 10-251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g,
subdivision (4) of section 12-408, subdivision (3), (5) or (6) of section
12-411, section 12-435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-
113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-
143b, 13a-247 or 13a-253, subsection (f) of section 13b-42, section 13b-
90, 13b-221, 13b-292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or
13b-410c, subsection (a), (b) or (c) of section 13b-412, section 13b-414,
subsection (d) of section 14-12, section 14-20a or 14-27a, subsection (e)
of section 14-34a, subsection (d) of section 14-35, section 14-43, 14-49,
14-50a or 14-58, subsection (b) of section 14-66, section 14-66a or 14-
67a, subsection (g) of section 14-80, subsection (f) of section 14-80h, Substitute House Bill No. 7299
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section 14-97a, 14-100b, 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-
153 or 14-163b, a first violation as specified in subsection (f) of section
14-164i, section 14-219 as specified in subsection (e) of said section,
subdivision (1) of section 14-223a, section 14-240, 14-250 or 14-253a,
subsection (a) of section 14-261a, section 14-262, 14-264, 14-267a, 14-
269, 14-270, 14-275a, 14-278 or 14-279, subsection (e) or (h) of section
14-283, section 14-291, 14-293b, 14-296aa, 14-300, 14-300d, 14-319, 14-
320, 14-321, 14-325a, 14-326, 14-330 or 14-332a, subdivision (1), (2) or (3)
of section 14-386a, section 15-25 or 15-33, subdivision (1) of section 15-
97, subsection (a) of section 15-115, section 16-44, 16-256e, 16a-15 or
16a-22, subsection (a) or (b) of section 16a-22h, section 17a-24, 17a-145,
17a-149, 17a-152, 17a-465, 17b-124, 17b-131, 17b-137, 19a-30, 19a-33,
19a-39 or 19a-87, subsection (b) of section 19a-87a, section 19a-91, 19a-
105, 19a-107, 19a-113, 19a-215, 19a-219, 19a-222, 19a-224, 19a-286, 19a-
287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 19a-
340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-231, 20-249, 20-257, 20-
265, 20-324e, 20-341l, subsection (b) of section 20-334, as amended by
this act, 20-366, 20-597, 20-608, 20-610, 21-1, 21-38, 21-39, 21-43, 21-47,
21-48, 21-63 or 21-76a, subsection (c) of section 21a-2, subdivision (1) of
section 21a-19, section 21a-21, subdivision (1) of subsection (b) of
section 21a-25, section 21a-26 or 21a-30, subsection (a) of section 21a-
37, section 21a-46, 21a-61, 21a-63 or 21a-77, subsection (b) of section
21a-79, section 21a-85 or 21a-154, subdivision (1) of subsection (a) of
section 21a-159, as amended by this act, subsection (a) of section 21a-
279a, section 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 22-29, 22-34, 22-
35, 22-36, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 22-39e, 22-49 or
22-54, subsection (d) of section 22-84, section 22-89, 22-90, 22-98, 22-99,
22-100, 22-111o, 22-167, 22-279, 22-280a, 22-318a, 22-320h, 22-324a, 22-
326 or 22-342, subsection (b), (e) or (f) of section 22-344, section 22-359,
22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection (a)
of section 22a-250, subsection (e) of section 22a-256h, section 22a-363 or
22a-381d, subsections (c) and (d) of section 22a-381e, section 22a-449,
22a-461, 23-37, 23-38, 23-46 or 23-61b, subsection (a) or subdivision (1) Substitute House Bill No. 7299
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of subsection (c) of section 23-65, section 25-37 or 25-40, subsection (a)
of section 25-43, section 25-43d, 25-135, 26-18, 26-19, 26-21, 26-31, 26-40,
26-40a, 26-42, 26-49, 26-54, 26-55, 26-56, 26-58 or 26-59, subdivision (1)
of subsection (d) of section 26-61, section 26-64, subdivision (1) of
section 26-76, section 26-79, 26-87, 26-89, 26-91, 26-94, 26-97, 26-98, 26-
104, 26-105, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138 or 26-141,
subdivision (1) of section 26-186, section 26-207, 26-215, 26-217 or 26-
224a, subdivision (1) of section 26-226, section 26-227, 26-230, 26-232,
26-244, 26-257a, 26-260, 26-276, 26-284, 26-285, 26-286, 26-288, 26-294,
28-13, 29-6a, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), (e)
or (g) of section 29-161q, section 29-161y or 29-161z, subdivision (1) of
section 29-198, section 29-210, 29-243 or 29-277, subsection (c) of section
29-291c, section 29-316, 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-
11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31-
36, 31-38, 31-40, 31-44, 31-47, 31-48, 31-51, 31-52, 31-52a or 31-54,
subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76,
31-76a, 31-89b or 31-134, subsection (i) of section 31-273, section 31-288,
subdivision (1) of section 35-20, section 36a-787, 42-230, 45a-283, 45a-
450, 45a-634 or 45a-658, subdivision (13) or (14) of section 46a-54,
section 46a-59, 46b-22, 46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-
133, 53-199, 53-212a, 53-249a, 53-252, 53-264, 53-280, 53-302a, 53-303e,
53-311a, 53-321, 53-322, 53-323, 53-331 or 53-344, subsection (c) of
section 53-344b, or section 53-450, or (2) a violation under the
provisions of chapter 268, or (3) a violation of any regulation adopted
in accordance with the provisions of section 12-484, 12-487 or 13b-410,
or (4) a violation of any ordinance, regulation or bylaw of any town,
city or borough, except violations of building codes and the health
code, for which the penalty exceeds ninety dollars but does not exceed
two hundred fifty dollars, unless such town, city or borough has
established a payment and hearing procedure for such violation
pursuant to section 7-152c, shall follow the procedures set forth in this
section. Substitute House Bill No. 7299
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Sec. 2. Subsection (b) of section 20-334 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(b) The Department of Consumer Protection shall furnish to each
qualified applicant a license certifying that the holder thereof is
entitled to engage in the work or occupation for which the person has
been issued a license under this chapter, and the holder of such license
shall carry it on his person while engaging in such work or occupation.
Such license shall be shown to any properly interested person on
request. No such license shall be transferred to or used by any person
other than the person to whom the license was issued. Contractors
[shall] that fail to display their state license number on all commercial
vehicles used in their business and [shall display such number] in a
conspicuous manner on all [printed] advertisements, bid proposals,
contracts, invoices and on all stationery used in their business may be
fined not more than five hundred dollars per violation, but shall not be
fined for the first violation. The department shall keep a register in
which shall be entered the names of all persons to whom such licenses
are issued. The register shall be at all times open to public inspection.
Sec. 3. Section 21a-152 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) Each bakery, food warehouse and food manufacturing
establishment shall be designed, constructed and operated as the
Commissioner of Consumer Protection directs pursuant to sections
21a-151 to [21a-159] 21a-160, inclusive, as amended by this act, and
chapter 418. The provisions of this subsection requiring the
commissioner to direct the design and construction of a food
warehouse shall not be required for a food warehouse that was
registered in good standing pursuant to section 21a-160, as amended
by this act, prior to October 1, 2019, provided the warehouse is in good
repair so that stored food is properly protected and the premises is free Substitute House Bill No. 7299
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of pests. Each bakery, food warehouse and food manufacturing
establishment remains subject to the provisions of chapter 418.
(b) No person, firm or corporation shall operate a bakery, food
warehouse or food manufacturing establishment with the intent of
producing or storing products for human consumption without having
obtained from said commissioner a license. Application for such
license shall be made on forms, furnished by the commissioner,
showing the name and address of such bakery, food warehouse or
food manufacturing establishment. Bakeries shall show the number of
persons engaged in the production of bread and pastry products,
excluding porters, dishwashers, drivers, sales personnel and other
employees not directly engaged in such production. The commissioner
shall cause an inspection to be made of the premises described in the
application and, if conditions are found satisfactory, such license shall
be issued. No person, firm or corporation operating a bakery, food
warehouse or any agent, servant or employee thereof, shall refuse,
hinder or otherwise interfere with access by the commissioner or his
authorized representative for the purpose of conducting an inspection.
No person, firm or corporation shall (1) sell or distribute bread, cakes,
doughnuts, crullers, pies, cookies, crackers, spaghetti, macaroni or
other food products, including frozen or canned baked goods made in
whole or in part of flour or meal produced in any bakery located
within or beyond the boundaries of this state, [or shall] (2) sell or
distribute food produced in a food manufacturing establishment
located within the boundaries of this state, or (3) store any food for
wholesale distribution in a food warehouse, unless such bakery, food
warehouse or food manufacturing establishment has obtained a license
from said commissioner. Facilities licensed pursuant to chapter 417 as
food vendors and frozen dessert vendors, and all facilities licensed
pursuant to chapters 419a and 430 shall be exempt from such licensing
requirement. The commissioner may promulgate regulations excepting
out-of-state manufacturers of products, commonly known as cookies, Substitute House Bill No. 7299
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crackers, brown bread or plum puddings in hermetically sealed
containers and other similar products, from the license provisions of
this section. Such license shall be valid for one year and a fee therefor
shall be collected as follows: From a person, firm or corporation
owning or conducting a bakery in which there are four persons or
fewer engaged in the production of bread and pastry products, twenty
dollars; in which there are not fewer than five nor more than nine
persons so engaged, forty dollars; in which there are not fewer than ten
nor more than twenty-four persons so engaged, one hundred dollars;
in which there are not fewer than twenty-five nor more than ninety-
nine persons so engaged, two hundred dollars; in which there are
more than one hundred persons so engaged, two hundred fifty dollars.
The fee for a food manufacturer license shall be twenty dollars
annually. No prior inspection by the commissioner shall be necessary
for a food warehouse registered under section 21a-160, as amended by
this act, prior to October 1, 2019, which is required to transfer its
registration to a new license under the provisions of this subsection.
(c) A bakery, food warehouse or food manufacturer license may be
revoked by said commissioner for violation of sections 21a-151 to [21a-
159] 21a-160, inclusive, as amended by this act, after a hearing
conducted in accordance with chapter 54. In addition, a bakery or food
manufacturer license may be summarily suspended pending a hearing
if said commissioner has reason to believe that the public health, safety
or welfare imperatively requires emergency action. Within ten days
following the suspension order said commissioner shall cause to be
held a hearing which shall be conducted in accordance with the
provisions of said chapter 54. Following said hearing said
commissioner shall dissolve such suspension or order revocation of the
bakery, food warehouse or food manufacturer license. Any person,
firm or corporation whose license has been revoked may make
application for a new license and said commissioner shall act on such
application within thirty days of receipt. The costs of any inspections Substitute House Bill No. 7299
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necessary to determine whether or not an applicant, whose license has
been revoked, is entitled to have a new license granted shall be borne
by the applicant at such rates as the commissioner may determine.
Said commissioner may refuse to grant any bakery, food warehouse or
food manufacturer license if he or she finds that the applicant has
evidenced a pattern of noncompliance with the provisions of sections
21a-151 to [21a-159] 21a-160, inclusive, as amended by this act. Prima
facie evidence of a pattern of noncompliance shall be established if said
commissioner shows that the applicant has had two or more bakery,
food warehouse or food manufacturer licenses revoked.
(d) All vehicles used in the transportation of bakery or food
warehouse products shall be kept in a sanitary condition and shall
have the name and address of the bakery, or food warehouse owner,
operator or distributor legibly printed on both sides. Each
compartment in which unwrapped bakery or food warehouse
products are transported shall be enclosed in a manner approved by
the commissioner.
(e) The provisions of this section shall not prevent local health
authorities from enforcing orders or regulations concerning the
sanitary condition of bakeries. [or food manufacturing establishments.]
(f) Any person who desires to obtain a license under the provisions
of sections 21a-151 to [21a-159] 21a-160, inclusive, as amended by this
act, shall first obtain and present to the commissioner a certificate of
approval of the location for which such license is desired. The
certificate of approval shall be obtained from the zoning commission,
planning and zoning commission or local authority of the town, city or
borough in which the facility is located or is proposed to be located. A
certificate of approval shall not be required in the case of the transfer
of the last issued license from one person to another or in the case of a
renewal of a license by the holder of the license. The commissioner
shall not issue any license under the provisions of sections 21a-151 to Substitute House Bill No. 7299
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[21a-159] 21a-160, inclusive, as amended by this act, for which a
certificate of approval is required until such certificate of approval is
obtained by the license applicant. The provisions of this subsection
requiring a certificate of approval from the zoning commission or
other local authority shall not apply to any food warehouse that was
registered in good standing pursuant to section 21a-160, as amended
by this act, prior to October 1, 2019.
Sec. 4. Section 21a-156 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The commissioner shall, from time to time, after inquiry and public
hearing, adopt and promulgate regulations to supplement and give
full effect to the provisions of sections 21a-151 to [21a-159] 21a-160,
inclusive, as amended by this act. Such regulations, among other
things, may establish sanitary requirements pertaining to the
manufacture and distribution of bread and pastry products. Such
regulations may also cover provisions restricting the sale of dangerous,
harmful and unwholesome bread and pastry products, the labeling of
bread and pastry products, the inspection of bakeries and the
establishment of costs for special inspections. The commissioner shall
annually review the amounts of bakery and food warehouse license
fees referred to in subsection (b) of section 21a-152, as amended by this
act, and shall increase such fees in order to reflect the costs to the
department of carrying out the provisions of sections 21a-151 to [21a-
159] 21a-160, inclusive, as amended by this act.
Sec. 5. Section 21a-157 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
No employer shall knowingly permit to work in his or her bakery,
food warehouse or food manufacturing establishment any person who
is affected with any pathogen that is contained in the Centers for
Disease Control and Prevention's "List of Infectious and Substitute House Bill No. 7299
Public Act No. 19-177 9 of 51
Communicable Diseases which are Transmitted Through the Food
Supply", as amended from time to time, except in those cases in which
the director of health has given written authorization stating that the
public health is not endangered, and each employer shall maintain
himself or herself and his or her employees in a clean and sanitary
condition, with clean, washable outer clothing, while engaged in the
manufacture, handling or sale of food products. The commissioner or
his or her authorized agents may order any person employed in a
bakery, food warehouse or food manufacturing establishment to be
examined by a licensed physician if he or she has reason to believe that
such employee has a condition that may transmit a food-borne illness.
No person shall be allowed to smoke in a bakery, food warehouse or
food manufacturing establishment while in the performance of his or
her duty.
Sec. 6. Section 21a-158 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The owner, agent or lessee of any property used as a bakery, food
warehouse or food manufacturing establishment shall, within thirty
days after the service of notice upon him or her of an order issued by
the Commissioner of Consumer Protection, comply therewith or cease
to use or allow the use of such premises as a bakery, food warehouse
or food manufacturing establishment. Such notice shall be in writing
and may be served upon such owner, agent or lessee, either personally
or by mail, and a notice by registered or certified letter, mailed to the
last-known address of such owner, agent or lessee, shall be sufficient
service.
Sec. 7. Section 21a-159 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) Any person who violates any provision of sections 21a-151 to
[21a-159] 21a-160, inclusive, as amended by this act, or any regulation Substitute House Bill No. 7299
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made thereunder, or fails to comply with an order of the
Commissioner of Consumer Protection, shall (1) for a first offense, be
fined not more than two hundred fifty dollars, and (2) for any
subsequent offense, be guilty of a class D misdemeanor.
(b) The commissioner may apply to the Superior Court for and such
court may, upon hearing and for cause shown, grant a temporary or
permanent injunction enjoining any person from operating a bakery,
food warehouse or food manufacturing establishment without a
license issued in accordance with sections 21a-151 to [21a-159] 21a-160,
inclusive, as amended by this act, irrespective of whether or not there
exists an adequate remedy at law. The commissioner also may apply to
the Superior Court for, and such court shall have jurisdiction to grant,
a temporary restraining order pending a hearing. Such application for
injunctive or other appropriate relief shall be brought by the Attorney
General.
(c) The Commissioner of Consumer Protection, after providing
notice and conducting a hearing in accordance with the provisions of
chapter 54, may issue a warning citation or impose a civil penalty of
not more than one hundred dollars for the first offense and not more
than five hundred dollars for each subsequent offense on any person
who violates any provision of sections 21a-151 to [21a-159] 21a-160,
inclusive, as amended by this act, or any regulation adopted pursuant
to section 21a-156, as amended by this act.
Sec. 8. Section 21a-160 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
No person, firm or corporation shall operate a food warehouse
without having obtained a [certificate of registration] license from the
Commissioner of Consumer Protection. Application for a [certificate of
registration] license shall be on forms prescribed by the commissioner.
The commissioner shall issue a [certificate of registration] license to an Substitute House Bill No. 7299
Public Act No. 19-177 11 of 51
applicant who has completed such forms to the satisfaction of the
commissioner and has paid the [registration] license fee. A [certificate
of registration] license shall be valid for one year and the fee for such
[certificate of registration] license shall be twenty dollars.
Sec. 9. Section 20-330 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
As used in this chapter:
(1) "Contractor" means any person regularly offering to the general
public services of such person or such person's employees in the field
of electrical work, plumbing and piping work, solar work, heating,
piping, cooling and sheet metal work, fire protection sprinkler systems
work, elevator installation, repair and maintenance work, irrigation
work, automotive glass work or flat glass work, as defined in this
section;
(2) "Electrical work" means the installation, erection, maintenance,
inspection, testing, alteration or repair of any wire, cable, conduit,
busway, raceway, support, insulator, conductor, appliance, apparatus,
fixture or equipment that generates, transforms, transmits or uses
electrical energy for light, heat, power or other purposes, but does not
include low voltage wiring, not exceeding twenty-four volts, used
within a lawn sprinkler system;
(3) "Plumbing and piping work" means the installation, repair,
replacement, alteration, [or] maintenance, inspection or testing of gas,
water and associated fixtures, tubing and piping mains and branch
lines up to and including the closest valve to a machine or equipment
used in the manufacturing process, laboratory equipment, sanitary
equipment, other than subsurface sewage disposal systems, fire
prevention apparatus, all water systems for human usage, sewage
treatment facilities and all associated fittings within a building and Substitute House Bill No. 7299
Public Act No. 19-177 12 of 51
includes lateral storm and sanitary lines from buildings to the mains,
process piping, swimming pools and pumping equipment, and
includes making connections to back flow prevention devices, and
includes low voltage wiring, not exceeding twenty-four volts, used
within a lawn sprinkler system, but does not include (A) solar thermal
work performed pursuant to a certificate held as provided in section
20-334g, except for the repair of those portions of a solar hot water
heating system that include the basic domestic hot water tank and the
tie-in to the potable water system, (B) the installation, repair,
replacement, alteration, [or] maintenance, inspection or testing of fire
prevention apparatus within a structure, except for standpipes that are
not connected to sprinkler systems, (C) medical gas and vacuum
systems work, and (D) millwright work. For the purposes of this
subdivision, "process piping" means piping or tubing that conveys
liquid or gas that is used directly in the production of a chemical or a
product for human consumption;
(4) "Solar thermal work" means the installation, erection, repair,
replacement, alteration, [or] maintenance, inspection or testing of
active, passive and hybrid solar systems that directly convert ambient
energy into heat or convey, store or distribute such ambient energy;
(5) "Heating, piping and cooling work" means (A) the installation,
repair, replacement, maintenance, inspection, testing or alteration of
any apparatus for piping, appliances, devices or accessories for heating
systems, including sheet metal work, (B) the installation, repair,
replacement, maintenance, inspection, testing or alteration of air
conditioning and refrigeration systems, boilers, including apparatus
and piping for the generation or conveyance of steam and associated
pumping equipment and process piping and the installation of tubing
and piping mains and branch lines up to and including the closest
valve to a machine or equipment used in the manufacturing process [,]
and onsite testing and balancing of hydronic, steam and combustion Substitute House Bill No. 7299
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air, but excluding millwright work, and (C) on-site operation, by
manipulating, adjusting or controlling, with sufficient technical
knowledge, as determined by the commissioner, (i) heating systems
with a steam or water boiler maximum operating pressure of fifteen
pounds per square inch gauge or greater, or (ii) air conditioning or
refrigeration systems with an aggregate of more than fifty horsepower
or kilowatt equivalency of fifty horsepower or of two hundred pounds
of refrigerant. Heating, piping and cooling work does not include solar
thermal work performed pursuant to a certificate held as provided in
section 20-334g, or medical gas and vacuum systems work or the
passive monitoring of heating, air conditioning or refrigeration
systems. For the purposes of this subdivision, "process piping" means
piping or tubing that conveys liquid or gas that is used directly in the
production of a chemical or a product for human consumption;
(6) "Apprentice" means any person registered with the Labor
Department for the purpose of learning a skilled trade;
(7) "Elevator installation, repair and maintenance work" means the
installation, erection, maintenance, inspection, testing and repair of all
types of elevators, dumb waiters, escalators, and moving walks and all
mechanical equipment, fittings, associated piping and wiring from a
source of supply brought to the equipment room by an unlimited
electrical contractor for all types of machines used to hoist or convey
persons or materials, but does not include temporary hoisting
machines used for hoisting materials in connection with any
construction job or project, provided "elevator inspection" includes the
visual examination of an elevator system or portion of a system, with
or without the disassembly or removal of component parts;
(8) "Elevator maintenance" means the lubrication, inspection, testing
and replacement of controls, hoistway and car parts;
(9) "Fire protection sprinkler systems work" means the layout, on- Substitute House Bill No. 7299
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site fabrication, installation, alteration, maintenance, inspection, testing
or repair of any automatic or manual sprinkler system designed for the
protection of the interior or exterior of a building or structure from fire,
or any piping or tubing and appurtenances and equipment pertaining
to such system including overhead and underground water mains, fire
hydrants and hydrant mains, standpipes and hose connections to
sprinkler systems, sprinkler tank heaters excluding electrical wiring,
air lines and thermal systems used in connection with sprinkler and
alarm systems connected thereto, foam extinguishing systems or
special hazard systems including water spray, foam, carbon dioxide or
dry chemical systems, halon and other liquid or gas fire suppression
systems, but does not include (A) any engineering design work
connected with the layout of fire protection sprinkler systems, or (B)
any work performed by employees of or contractors hired by a public
water system, as defined in subsection (a) of section 25-33d;
(10) "State Fire Marshal" means the State Fire Marshal appointed by
the Commissioner of Administrative Services;
(11) "Journeyman sprinkler fitter" means a specialized pipe fitter
craftsman, experienced and skilled in the installation, alteration,
maintenance and repair of fire protection sprinkler systems;
(12) "Irrigation work" means making the connections to and the
inspection and testing of back flow prevention devices, and low
voltage wiring, not exceeding twenty-four volts, used within a lawn
sprinkler system;
(13) "Sheet metal work" means the onsite layout, installation,
erection, replacement, repair or alteration, including, but not limited
to, onsite testing and balancing of related life safety components,
environmental air, heating, ventilating and air conditioning systems by
manipulating, adjusting or controlling such systems for optimum
balance performance of any duct work system, ferrous, nonferrous or Substitute House Bill No. 7299
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other material for ductwork systems, components, devices, air louvers
or accessories, in accordance with the State Building Code;
(14) "Journeyman sheet metal worker" means an experienced
craftsman skilled in the installation, erection, replacement, repair or
alteration of duct work systems, both ferrous and nonferrous;
(15) "Automotive glass work" means installing, maintaining or
repairing fixed glass in motor vehicles;
(16) "Flat glass work" means installing, maintaining or repairing
glass in residential or commercial structures;
(17) "Medical gas and vacuum systems work" means the work and
practice, materials, instrumentation and fixtures used in the
construction, installation, alteration, extension, removal, repair,
maintenance, inspection, testing or renovation of gas and vacuum
systems and equipment used solely to transport gases for medical
purposes and to remove liquids, air-gases or solids from such systems;
(18) "Solar electricity work" means the installation, erection, repair,
replacement, alteration, [or] maintenance, inspection and testing of
photovoltaic or wind generation equipment used to distribute or store
ambient energy for heat, light, power or other purposes to a point
immediately inside any structure or adjacent to an end use;
(19) "Active solar system" means a system that uses an external
source of energy to power a motor-driven fan or pump to force the
circulation of a fluid through solar heat collectors and which removes
the sun's heat from the collectors and transports such heat to a location
where it may be used or stored;
(20) "Passive solar system" means a system that is capable of
collecting or storing the sun's energy as heat without the use of a
motor-driven fan or pump; Substitute House Bill No. 7299
Public Act No. 19-177 16 of 51
(21) "Hybrid solar system" means a system that contains
components of both an active solar system and a passive solar system;
(22) "Gas hearth product work" means the installation, service,
inspection, testing or repair of a propane or natural gas fired fireplace,
fireplace insert, stove or log set and associated venting and piping that
simulates a flame of a solid fuel fire. "Gas hearth product work" does
not include (A) fuel piping work, (B) the servicing of fuel piping, or (C)
work associated with pressure regulating devices, except for
appliances gas valves; [and]
(23) "Millwright work" means the installation, repair, replacement,
maintenance or alteration, including the inspection and testing, of (A)
power generation machinery, or (B) industrial machinery, including
the related interconnection of piping and tubing used in the
manufacturing process, but does not include the performance of any
action for which licensure is required under this chapter; [.]
(24) "Inspection" means the examination of a system or portion of a
system, involving the disassembly or removal of component parts of
the system; and
(25) "Testing" means to determine the status of a system as intended
for its use, with or without the disassembly of component parts of the
system, by the use of testing and measurement instruments.
Sec. 10. Section 30-55 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) The Department of Consumer Protection may, in its discretion,
revoke, [or] suspend or place conditions on any permit or provisional
permit or impose a fine of not greater than one thousand dollars, upon
cause found after hearing, provided ten days' written notice of such
hearing has been given to the permittee setting forth, with the
particulars required in civil pleadings, the charges upon which such Substitute House Bill No. 7299
Public Act No. 19-177 17 of 51
proposed revocation, [or] suspension or fine is predicated. Any appeal
from such order of revocation, [or] suspension or fine shall be taken in
accordance with the provisions of section 4-183.
(b) The surrender of a permit or provisional permit for cancellation
or the expiration of a permit shall not prevent the department from
suspending or revoking any such permit pursuant to the provisions of
this section.
Sec. 11. Subdivision (4) of subsection (c) of section 21a-8 of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(4) In addition to any other action permitted under the general
statutes, the commissioner may, upon a finding of any cause specified
in subsection (c) of section 21a-9: (A) Revoke or suspend a license,
registration or certificate; (B) issue a letter of reprimand to a
practitioner and send a copy of such letter to a complainant or to a
state or local official; (C) place a practitioner on probationary status
and require the practitioner to (i) report regularly to the commissioner
on the matter which is the basis for probation, (ii) limit the
practitioner's practice to areas prescribed by the commissioner, or (iii)
continue or renew the practitioner's education until the practitioner
has attained a satisfactory level of competence in any area which is the
basis for probation. The commissioner may discontinue, suspend or
rescind any action taken under this subdivision. If a license,
registration or certificate is voluntarily surrendered or is not renewed,
the commissioner shall not be prohibited from suspending, revoking
or imposing other penalties permitted by law on any such license,
registration or certificate.
Sec. 12. Subsection (a) of section 20-455 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage): Substitute House Bill No. 7299
Public Act No. 19-177 18 of 51
(a) The commission or department may hold hearings on any matter
under the provisions of sections 20-450 to 20-462, inclusive, as
amended by this act. The commission or department may issue
subpoenas, administer oaths, compel testimony and order the
production of books, records and documents. If any person refuses to
appear, to testify or to produce any book, record, paper or document
when so ordered, upon application of the commission or department, a
judge of the Superior Court may make such order as may be
appropriate to aid in the enforcement of this section. Upon a finding of
the commission or department, following a hearing, that an individual
has held themselves out as a community association manager without
the proper registration, the commission or department may issue a
cease and desist order and fine the respondent not more than five
hundred dollars.
Sec. 13. Section 20-288 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
As used in this chapter:
(1) "Board" means the Architectural Licensing Board appointed
under the provisions of section 20-289, as amended by this act;
(2) "Architect" means a person who engages in the practice of
architecture; [and]
(3) "The practice of architecture" or "practice architecture" means
rendering or offering to render service by consultation, investigation,
evaluations, preliminary studies, plans, specifications and
coordination of structural factors concerning the aesthetic or structural
design and contract administration of building construction or any
other service in connection with the designing or contract
administration of building construction located within the boundaries
of this state, regardless of whether any person performing such duties Substitute House Bill No. 7299
Public Act No. 19-177 19 of 51
is performing one or all of such duties or whether such person is
performing them in person or as the directing head of an office or
organization performing them; [.] and
(4) "Architect Emeritus" means an honorific title granted to a
previously licensed architect who has retired from the active practice
of architecture.
Sec. 14. Section 20-289 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
There shall be an Architectural Licensing Board in the Department
of Consumer Protection. The board shall consist of five members. The
Governor shall appoint two members of the board who shall be public
members and three members of the board who shall be architects
residing in this state. The Governor shall have the power to remove
any member from office for misconduct, incapacity or neglect of duty.
Members shall not be compensated for their services but shall be
reimbursed for necessary expenses incurred in the performance of
their duties. The board shall keep a record of its proceedings and a
roster of all licensed architects entitled to practice architecture and of
all persons holding certificates of authority under sections 20-295 and
20-295a of the general statutes, revised to 1968, and corporations
holding certificates of authorization for the practice of architecture
under section 20-298b, as amended by this act, in this state. The [board]
department shall adopt regulations, in consultation with the board and
in accordance with chapter 54, concerning eligibility for architectural
licensing examinations, appeals of examination grades, reciprocal
licensing, requirements for continuing education for renewal of
licensure, qualifications for registration for Architect Emeritus and
such other matters as the [board] department deems necessary to carry
out the purposes of this chapter. The board shall, annually, prepare a
roster of all licensed architects and the last-known mailing address of
such architects. A copy of such roster shall be placed on file with the Substitute House Bill No. 7299
Public Act No. 19-177 20 of 51
Secretary of the State and with the town building department of each
town. The Commissioner of Consumer Protection, with advice and
assistance from the board, shall adopt regulations, in accordance with
chapter 54, (1) concerning professional ethics and conduct appropriate
to establish and maintain a high standard of integrity and dignity in
the practice of the profession, and (2) for the conduct of the board's
affairs and for the examination of applicants for a license. The board
shall, after public notice, hold at least one meeting per quarter, in each
calendar year, for the purpose of considering applications for licenses
and for the transaction of other business. Any person aggrieved by an
order made under this chapter may appeal from such order as
provided in section 4-183. Appeals under this section shall be
privileged in respect to the order of trial and assignment.
Sec. 15. Section 20-291 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
No person shall receive a license under the provisions of this
chapter until such person has passed an examination in such technical
and professional subjects as may be prescribed by the board, with the
consent of the Commissioner of Consumer Protection. Each person
who applies to the [board] Department of Consumer Protection for a
license under the provisions of this chapter [,] shall submit an
application, together with evidence of education and training
experience as prescribed by the commissioner, in consultation with the
board, in regulations adopted in accordance with chapter 54. The
board or the commissioner may accept in the case of any architect
currently registered or licensed in another state in lieu of the
examination (1) a certificate of registration issued by the National
Council of Architectural Registration Boards; or (2) evidence
satisfactory to the board or the commissioner that such architect is
registered in a state having registration requirements substantially
equal to the licensure requirements of this state and that such architect Substitute House Bill No. 7299
Public Act No. 19-177 21 of 51
has been practicing in such other state for a period of at least ten years.
When the applicant has passed such examination to the satisfaction of
a majority of the board or the commissioner and has paid to the
[secretary of the board] department the fees prescribed in section 20-
292, as amended by this act, the [Department of Consumer Protection]
department shall enroll the applicant's name and address in the roster
of licensed architects and issue a license to the applicant, which shall
entitle the applicant to practice as an architect in this state.
Sec. 16. Section 20-292 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) Each licensed architect shall renew his or her license [each year
and pay] annually. Pursuant to section 20-289, as amended by this act,
a licensee shall pay to the department the professional services fee for
class F, as defined in section 33-182l and shall submit proof of
completion of continuing education requirements.
(b) Each corporation holding a certificate of authorization for the
practice of architecture shall renew its certificate of authorization for
the practice of architecture each year and pay to the department a
renewal fee of two hundred twenty dollars.
(c) An applicant for examination or reexamination under this
chapter shall pay a nonrefundable fee of seventy-two dollars and an
amount sufficient to meet the cost of conducting each portion of the
examination taken by such applicant. The fee for an applicant who
qualifies for a license, other than by examination, in accordance with
the provisions of section 20-291, as amended by this act, shall be one
hundred dollars.
(d) Pursuant to section 20-289, as amended by this act, an architect
who is retired and not practicing any aspect of architecture and who is
(1) sixty-five years of age or older, or (2) has been licensed for a Substitute House Bill No. 7299
Public Act No. 19-177 22 of 51
minimum of ten years in this state, may apply for registration as an
Architect Emeritus. The fee for such registration shall be ten dollars.
An Architect Emeritus may not engage in the practice of architecture
without applying for and receiving an architect license.
Sec. 17. Section 20-294 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Commissioner of Consumer Protection or the board may
suspend for a definite period, not to exceed one year, or revoke any
license or certificate of authority issued under this chapter, after notice
and hearing in accordance with the regulations adopted by the
Commissioner of Consumer Protection, or may officially censure any
person holding any such license or certificate of authority and may
assess a civil penalty of up to one thousand dollars per violation, (1) if
it is shown that the license or certificate was obtained through fraud or
misrepresentation, (2) if the holder of the license or certificate has been
found guilty by the board, the commissioner or by a court of
competent jurisdiction of any fraud or deceit in such holder's
professional practice or has been convicted of a felony, (3) if the holder
of the license or certificate has been found guilty by the board or the
commissioner of gross incompetency or of negligence in the planning
or construction of buildings, or (4) if it is shown to the satisfaction of
the board or the commissioner that the holder of the license or
certificate has violated any provision of this chapter or any regulation
adopted under this chapter. Any such suspension or revocation of a
license or certificate by the board shall be a proposed final decision
and submitted to the commissioner in accordance with the provisions
of subsection (b) of section 21a-7. The board or the commissioner may
reissue any such license or certificate which has been revoked, and
may modify the suspension of any such license or certificate which has
been suspended.
Sec. 18. Section 20-298b of the general statutes is repealed and the Substitute House Bill No. 7299
Public Act No. 19-177 23 of 51
following is substituted in lieu thereof (Effective October 1, 2019):
(a) The practice of architecture or the offer to practice architecture in
this state by individual licensed architects under the corporate form or
by a corporation, a material part of the business of which includes
architecture, is permitted, provided (1) such personnel of such
corporation [as] act [in] on its behalf as architects [,] and its chief
executive officer [and the holder or holders of not less than two-thirds
of the voting stock thereof are] is licensed under the provisions of this
chapter, [and] (2) if such corporation is a professional corporation, not
less than two-thirds of the voting stock thereof is held by an individual
or individuals who are licensed under the provisions of this chapter,
and (3) such corporation has been issued a certificate of authorization
by the board. If such professional corporation has adopted an
employee stock ownership plan, as defined in Section 4975(e)(7) of the
Internal Revenue Code of 1986, or any subsequent corresponding
internal revenue code of the United States, as amended from time to
time, for purposes of meeting the two-thirds ownership requirement
for professional corporations, voting stock held by such employee
stock ownership plan shall be accepted in lieu of, or in addition to, the
amount of voting stock held by the licensees of such professional
corporation, provided not less than two-thirds of the trustees of such
employee stock ownership plan are licensed under the provisions of
this chapter. No such corporation shall be relieved of responsibility for
the conduct or acts of its agents, employees or officers by reason of its
compliance with the provisions of this section, nor shall any individual
practicing architecture be relieved of responsibility for architectural
services performed by reason of his or her employment or relationship
with such corporation.
(b) A qualifying corporation desiring a certificate of authorization
shall file with the board an application upon a form prescribed by the
board. Such application shall state (1) the name and address of such Substitute House Bill No. 7299
Public Act No. 19-177 24 of 51
corporation, (2) the city or town and the street and number where such
corporation is to maintain its principal office in this state, (3) the names
and addresses of all of its stockholders, directors and officers, (4) if
such corporation is a professional corporation, a statement as to
whether or not the holder or holders of at least two-thirds of the voting
stock of such corporation are persons holding a license issued by the
board, (5) if such corporation has adopted an employee stock
ownership plan, as specified in subsection (a) of this section, the names
and addresses of the trustees of such plan, and [(5)] (6) such other
information as may be required by the board. If such professional
corporation has adopted an employee stock ownership plan, as
specified in subsection (a) of this section, for purposes of meeting the
two-thirds ownership requirement for professional corporations,
voting stock held by such employee stock ownership plan shall be
accepted in lieu of, or in addition to, the amount of voting stock held
by the licensees of such professional corporation, provided not less
than two-thirds of the trustees of such employee stock ownership plan
are licensed under the provisions of this chapter. The application shall
be accompanied by an application fee of fifty dollars. If all
requirements of this chapter are met, the board shall issue to such
corporation a certificate of authorization within sixty days of such
application, provided the board may refuse to issue a certificate if any
facts exist which would entitle the board to suspend or revoke an
existing certificate. After obtaining such certificate of authorization,
any such corporation may practice architecture subject to the
regulations adopted under this chapter. All plans, specifications,
sketches, drawings and documents pertaining to any such services
rendered by the corporation shall be signed and bear the seal of a
Connecticut licensed architect in accordance with the provisions of
section 20-293 and the regulations adopted under this chapter. Each
certificate of authorization issued under this section shall be renewable
annually if all requirements of this chapter are met, provided the board
may refuse to renew a certificate if any facts exist which would entitle Substitute House Bill No. 7299
Public Act No. 19-177 25 of 51
the board to suspend or revoke an existing certificate. A professional
corporation holding a certificate of authorization under this section
shall report any changes in the ownership of its shares of stock, [or in]
the person holding the chief executive office, or the person or persons,
if any, holding the position of employee stock ownership plan trustee
to the board within thirty days after any such change.
(c) Any certificate of authorization issued by the board under this
section may be suspended, for a period not to exceed one year, or
revoked by the board after notice and hearing in accordance with the
regulations adopted by the Commissioner of Consumer Protection, if it
is shown that: (1) The holder of such certificate of authorization does
not conform to the requirements of this section; (2) the certificate was
obtained through fraud or misrepresentation; or (3) the chief executive
officer, the individual holder of any of the stock of the corporation
holding such certificate of authorization, [or] any licensed architect
employed by or acting on behalf of such corporation or any trustee of
an employee stock ownership plan has been censured or has had his or
her certificate of registration suspended or revoked by the board
pursuant to the provisions of section 20-294, as amended by this act.
(d) Each corporation holding a certificate of authorization under this
section shall file with the board a designation of an individual or
individuals licensed to practice architecture in this state who shall be
in charge of architectural work by such corporation in this state. Such
corporation shall notify the board of any change in such designation
within thirty days after such change becomes effective.
(e) Nothing in this section shall be construed to prohibit any
corporation in existence prior to 1933, whose charter authorizes the
practice of architecture, from continuing to make plans and
specifications and supervise construction as authorized by section 20-
290. Substitute House Bill No. 7299
Public Act No. 19-177 26 of 51
(f) Not less than two-thirds of the individual members of a limited
liability company or owners of a professional corporation that
practices or offers to practice architectural services in this state shall be
individually licensed under the provisions of this chapter and shall
own not less than two-thirds of the voting interests of the limited
liability company or not less than two-thirds of the voting stock of the
professional corporation, provided, in the case of a corporation that
practices or offers to practice architectural services that has adopted an
employee stock ownership plan as described in subsection (a) of this
section, the requirements of this subsection shall be satisfied if such
corporation meets the requirements of subsection (a) of this section.
Sec. 19. Section 20-450 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
As used in sections 20-450 to 20-462, inclusive, as amended by this
act, unless the context otherwise requires:
(1) "Association" means (A) an association, as defined in section 47-
202, and an association of unit owners, as defined in section 47-68a and
in section 47-68 of the general statutes, revision of 1958, revised to
January 1, 1975, and (B) the mandatory owners organization of any
common interest community, as defined in section 47-202, which
community was not created under chapter 825 or 828 or under chapter
825 of the general statutes, revision of 1958, revised to January 1, 1975.
"Association" does not include an association of a common interest
community which contains only units restricted to nonresidential use;
(2) "Community association manager" means a [person who
provides association management services, and includes any partner,
director, officer, employee or agent of such] natural person who
directly provides association management services; [on behalf of such
person;] Substitute House Bill No. 7299
Public Act No. 19-177 27 of 51
(3) "Association management services" means services provided to
an association for remuneration, including one or more of the
following: (A) Collecting, controlling or disbursing funds of the
association or having the authority to do so; (B) preparing budgets or
other financial documents for the association; (C) assisting in the
conduct of or conducting association meetings; (D) advising or
assisting the association in obtaining insurance; (E) coordinating or
supervising the overall operations of the association; and (F) advising
the association on the overall operations of the association. Any person
licensed in this state under any provision of the general statutes or
rules of court who provides the services for which such person is
licensed to an association for remuneration shall not be deemed to be
providing association management services. Any director, officer or
other member of an association who provides services specified in this
subdivision to the association of which he or she is a member shall not
be deemed to be providing association management services unless
such director, officer or other member owns or controls more than
two-thirds but less than all of the votes in such association;
(4) "Commission" means the Connecticut Real Estate Commission
appointed under the provisions of section 20-311a;
(5) "Department" means the Department of Consumer Protection;
[and]
(6) "Person" means an individual, partnership, corporation, limited
liability company or other legal entity; [.] and
(7) "Community association manager trainee" means a natural
person working under the direct supervision of a community
association manager, for the purpose of being trained in the provision
of association management services.
Sec. 20. Section 20-451 of the general statutes is repealed and the Substitute House Bill No. 7299
Public Act No. 19-177 28 of 51
following is substituted in lieu thereof (Effective October 1, 2019):
[No] (a) Except as otherwise provided in this section, no person
shall (1) hold himself or herself out to be a community association
manager or a community association manager trainee, or (2) engage in
providing association management services, without first obtaining a
certificate of registration as provided in sections 20-450 to 20-462,
inclusive, as amended by this act.
(b) A community association manager trainee may, for a period not
to exceed six months, engage in association management services, so
long as: (1) The community association manager trainee is directly
supervised by, and acts under the direction of, a community
association manager who holds a valid certificate of registration and
who shall be liable for the actions or inactions of the community
association manager trainee; and (2) the community association
manager trainee has no authority to collect, control or disburse funds
of the association. A certificate of registration as a community
association manager trainee shall not be renewable.
(c) A community association manager may employ or contract with
support or administrative staff, not registered as a community
association manager, to engage in the following activities: (1) Answer
the telephone, take messages, and forward calls to the community
association manager; (2) update files and forms maintained by the
community association manager; (3) schedule and coordinate
meetings, teleconferences, service calls and responses to maintenance
and repair requests; (4) copy documents prepared by either the
association or the community association manager and prepare
mailings to the unit owners, vendors and other third parties, as
authorized by the association or the community association manager;
(5) attend meetings with and provide administrative support services
to the community association manager, including taking notes as
needed to maintain accurate records for the association; (6) assist the Substitute House Bill No. 7299
Public Act No. 19-177 29 of 51
community association manager in maintaining the association's
financial information and records, including, but not limited to,
responding to inquiries from unit owners regarding their accounts
with the association and drafting checks for payments approved by the
association or the community association manager, provided no
unregistered support or administrative staff may have direct access to
or control over association funds; and (7) implement the decisions and
directions of the community association manager.
(d) The community association manager shall directly supervise,
and assume liability for, work performed by any support or
administrative staff member whether employee or contractor, who is
not a registered community association manager or trainee, but who is
providing services to an association. The community association
manager shall ensure that such unlicensed person is: (1) Trained in the
scope of work they are legally able to undertake in such role; and (2)
operating in compliance with the provisions of this chapter.
Sec. 21. Section 20-452 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) Any person seeking a certificate of registration as a community
association manager or as a community association manager trainee
shall apply to the department in writing, on a form provided by the
department. Such application shall include the applicant's name,
residence address, business address, business telephone number, a
question as to whether the applicant has been convicted of a felony in
any state or jurisdiction and such other information as the department
may require. [On and after October 1, 2012, any] Except for a
community association manager trainee, any person seeking an initial
certificate of registration shall submit to a request by the commissioner
for a state and national criminal history records check. No registration
as a community association manager shall be issued unless the
commissioner has received the results of such records check. Substitute House Bill No. 7299
Public Act No. 19-177 30 of 51
(b) Each application for a certificate of registration as a community
association manager shall be accompanied by an application fee of
sixty dollars and a registration fee of one hundred dollars. The
department shall refund the registration fee if it refuses to issue a
certificate of registration. The department shall not charge either an
application or a registration fee for a certificate of registration as a
community association manager trainee.
Sec. 22. Section 20-453 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) Upon receipt of a completed application and the appropriate
fees, the department, upon authorization of the commission, shall: (1)
Issue and deliver to the applicant a certificate of registration; or (2)
refuse to issue the certificate. The commission may suspend, revoke or
refuse to issue or renew any certificate issued under sections 20-450 to
20-462, inclusive, as amended by this act, or may place a registrant on
probation or issue a letter of reprimand for any of the reasons stated in
section 20-456, as amended by this act. No application for the
reinstatement of a certificate which has been revoked shall be accepted
by the department within one year after the date of such revocation.
(b) Any person issued an initial certificate of registration [on or
after] as a community association manager prior to October 1, [2012]
2019, shall, not later than one year following the date of issuance of
such certificate, successfully complete a nationally recognized course
on community association management and pass the National Board
of Certification for Community Association Managers' Certified
Manager of Community Associations examination, or a similar
examination as may be prescribed by the Commissioner of Consumer
Protection in regulations adopted pursuant to subsection [(d)] (c) of
this section.
[(c) Any person who is a holder of a certificate of registration issued Substitute House Bill No. 7299
Public Act No. 19-177 31 of 51
prior to October 1, 2012, who has held such certificate for (1) less than
ten years shall, on or before October 1, 2014, successfully complete a
nationally recognized course on community association management
and pass the National Board of Certification for Community
Association Managers' Certified Manager of Community Associations
examination, or a similar examination as may be prescribed by the
Commissioner of Consumer Protection in regul ations adopted
pursuant to subsection (d) of this section, or (2) ten years or more shall,
on or before October 1, 2014, successfully complete a nationally
recognized course on community association management.]
[(d)] (c) The department, with the advice and assistance of the
commission, shall adopt regulations, in accordance with chapter 54,
concerning any examination required for certification under this
chapter and the approval of schools, institutions or organizations
offering courses in current practices and laws concerning community
association management and the content of such courses. Such
regulations shall include, but not be limited to: (1) Specifications for
meeting the educational requirements prescribed in this section; and
(2) exemptions from the educational requirements for reasons of health
or instances of individual hardship. In adopting such regulations, the
department may not disapprove a school, institution or organization
that offers an examination or courses in current practices and laws
concerning community association management solely because its
examination or courses are offered or taught by electronic means, nor
may the department disapprove an examination or course solely
because it is offered or taught by electronic means.
(d) An applicant for renewal of registration as a community
association manager shall, in addition to the other requirements
imposed by the provisions of this chapter, complete sixteen hours of
continuing education over the course of the two-year period, retain
proof of completion, and, upon request, provide such proof to the Substitute House Bill No. 7299
Public Act No. 19-177 32 of 51
department. Continuing education shall consist of a course or courses,
offered by the Connecticut Chapter of the Community Associations
Institute, in community association management techniques and
common interest community law, or similar courses as may be
prescribed by the Commissioner of Consumer Protection in
regulations adopted pursuant to this chapter.
Sec. 23. Section 20-454 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) Upon refusal to issue or renew a certificate, the department shall
notify the applicant of the denial and of his or her right to request a
hearing [within] not later than ten days [from] after the date of receipt
of the notice of denial.
(b) [In the event] If the applicant requests a hearing within such ten
days, the [commission] department shall give notice of the grounds for
its refusal to issue or renew the certificate and shall conduct a hearing
concerning such refusal in accordance with the provisions of chapter
54 concerning contested cases.
(c) [In the event] If the department or commission's [denial] refusal
of a certificate is sustained after such hearing, an applicant may make a
new application not less than one year after the date on which such
[denial] refusal was sustained.
Sec. 24. Section 20-456 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) The department or commission may revoke, suspend or refuse to
issue or renew any certificate of registration as a community
association manager or community association manager trainee, place
[a registrant on probation] conditions upon such registrations or issue
a [letter] civil penalty of [reprimand] up to one thousand dollars per
violation for: (1) Making any material misrepresentation; (2) making Substitute House Bill No. 7299
Public Act No. 19-177 33 of 51
any false promise of a character likely to influence, persuade or induce;
(3) failing, within a reasonable time, to account for or remit any
moneys coming into his possession which belong to others; (4)
conviction in a court of competent jurisdiction of this or any other state
of forgery, embezzlement, obtaining money under false pretenses,
larceny, extortion, conspiracy to defraud, or other like offense or
offenses, provided suspension or revocation under this subdivision
shall be subject to the provisions of section 46a-80; (5) commingling
funds of others in an escrow or trustee account; (6) commingling funds
of different associations; (7) any act or conduct which constitutes
dishonest, fraudulent or improper dealings; (8) a knowing and
material violation of any provision of chapter 825 or 828; or (9) a
violation of any provision of sections 20-450 to 20-462, inclusive, as
amended by this act, including, but not limited to, failure to comply
with the educational requirements prescribed in section 20-453, as
amended by this act, or any regulation adopted under section 20-461.
(b) The department or commission shall not revoke or suspend any
certificate of registration except upon notice and hearing in accordance
with chapter 54.
Sec. 25. Section 20-457 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) Each [person engaged in providing] community association
[management services] manager shall (1) exhibit his or her certificate
of registration upon request by any interested party, (2) state in any
advertisement the fact that he or she is registered, and (3) include his
or her registration number in any advertisement. In the case of a
business entity, the advertisement shall identify at least one principal,
officer or director of the entity that is a community association
manager and shall include the registration number of such principal,
officer or director. Substitute House Bill No. 7299
Public Act No. 19-177 34 of 51
(b) No person shall: (1) Present or attempt to present, as his or her
own, the certificate of another, (2) knowingly give false evidence of a
material nature to the commission or department for the purpose of
procuring a certificate, (3) represent himself or herself falsely as, or
impersonate, a registered community association manager, (4) use or
attempt to use a certificate which has expired or which has been
suspended or revoked, (5) offer to provide association management
services without having a current certificate of registration under
sections 20-450 to 20-462, inclusive, as amended by this act, (6)
represent in any manner that his or her registration constitutes an
endorsement of the quality of his or her services or of his or her
competency by the commission or department. In addition to any
other remedy provided for in sections 20-450 to 20-462, inclusive, as
amended by this act, any person who violates any provision of this
subsection shall, after an administrative hearing, be fined not more
than one thousand dollars, or shall be imprisoned for not more than
one year or be both fined and imprisoned. A violation of any of the
provisions of sections 20-450 to 20-462, inclusive, as amended by this
act, shall be deemed an unfair or deceptive trade practice under
subsection (a) of section 42-110b.
(c) Certificates issued to community association managers shall not
be transferable or assignable.
(d) All certificates issued to community association managers under
the provisions of sections 20-450 to 20-462, inclusive, as amended by
this act, shall expire annually on the thirty-first day of January. A
holder of a certificate of registration who seeks to renew his or her
certificate shall, when filing an application for renewal of the
certificate, submit documentation to the department which establishes
that he or she has passed any examination and completed any
educational coursework, as the case may be, required for certification
under this chapter. The fee for renewal of a certificate shall be two Substitute House Bill No. 7299
Public Act No. 19-177 35 of 51
hundred dollars.
(e) A community association manager whose certificate has expired
more than one month before his or her application for renewal is made
shall have his or her registration restored upon payment of a fee of
fifty dollars in addition to his or her renewal fee. Restoration of a
registration shall be effective upon approval of the application for
renewal by the commission or department.
(f) A certificate shall not be restored unless it is renewed not later
than one year after its expiration.
[(e)] (g) Failure to receive a notice of expiration or a renewal
application shall not exempt a community association manager from
the obligation to renew.
(h) All certificates issued to community association manager
trainees under the provisions of sections 20-450 to 20-462, inclusive, as
amended by this act, shall expire six months from the date of issuance
and shall not be renewable.
Sec. 26. Section 20-458 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) No contract between a person contracting to provide association
management services and an association which provides for the
management of the association shall be valid or enforceable unless the
contract is in writing and provides that the person contracting to
provide association management services or, in the case of a business
entity, a principal, officer or director of such entity:
(1) [Provides that the person contracting to provide management
services shall] Shall be registered as provided in sections 20-450 to 20-
462, inclusive, as amended by this act, and shall obtain [a bond]
insurance as provided in section 20-460, as amended by this act; and Substitute House Bill No. 7299
Public Act No. 19-177 36 of 51
(2) [Provides that the person contracting to provide management
services shall] Shall not issue a check on behalf of the association or
transfer moneys exceeding a specified amount determined by the
association without the written approval of an officer designated by
the association; and
(3) [Provides that the person contracting to provide management
services shall] Shall not enter into any contract binding the association
exceeding a specified amount determined by the association, except in
the case of an emergency, without the written approval of an officer
designated by the association.
(b) No contract to provide association management services shall:
(1) Be sold or assigned to another person without the approval of a
majority of the executive board of the association; or
(2) Include any clause, covenant or agreement that indemnifies or
holds harmless the person contracting to provide association
management services from or against any liability for loss or damage
resulting from such person's negligence or wilful misconduct.
Sec. 27. Section 20-460 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) No [person who provides] community association [management
services under the provisions of sections 20-450 to 20-462, inclusive,]
manager, nor any community association manager trainee or support
or administrative staff employed or engaged by such community
association manager shall control, collect, have access to or disburse
funds of an association unless [, at all times during which the person
controls, collects, has access to or disburses such funds,] there is in
effect, a commercially available insurance policy complying with the
provisions of this section that provides protection of such funds
belonging to an association from the theft by a community association Substitute House Bill No. 7299
Public Act No. 19-177 37 of 51
manager, a community association manager trainee, a community
association management company or its employees.
(b) The commercially available insurance policy referred to in
subsection (a) of this section shall: (1) Be written by an insurance
company authorized to write such policies in this state; (2) except as
provided in subsection (c) of this section, cover the maximum funds
that will be in the custody of the community association manager at
any time while the bond is in force, and in no event be less than the
sum of three months' assessments plus reserve funds; (3) name the
association as obligee; (4) cover the community association manager,
community association manager trainee and all partners, officers,
employees of the community association manager and may cover
other persons controlling, collecting, having access to or disbursing
association funds as well; (5) be conditioned upon the persons covered
by the policy truly and faithfully accounting for all funds received by
them, under their care, custody or control, or to which they have
access; (6) provide that the insurance company issuing the policy may
not cancel, substantially modify or refuse to renew the policy without
giving thirty days' prior written notice to the association and the
department, except in the case of a nonpayment of premiums, in which
case ten days' prior written notice shall be given; (7) contain such other
provisions as the department may, by regulation, require.
(c) The policy of a person who is employed full-time by and
provides association management services to an association of a
common interest community, or to a master association as defined in
section 47-239 exercising the powers on behalf of one or more common
interest communities or for the benefit of the unit owners of one or
more common interest communities, which community or
communities were established prior to July 3, 1991, and have more
than two thousand four hundred residential units, shall be in an
amount which is not less than one-half the amount specified in Substitute House Bill No. 7299
Public Act No. 19-177 38 of 51
subdivision (2) of subsection (b) of this section.
(d) The community association manager shall furnish to the
department, upon request, a certificate of each policy required under
this section.
(e) Unless otherwise provided for in a written agreement between
the community association manager and the association pursuant to
subsection (f) of this section, the cost of the policy shall be paid for by
the community association manager.
(f) If, as of October 1, 1990, any community association manager is
providing association management services, including the handling of
funds, or has entered into an agreement to provide association
management services including the handling of funds, and has no
written agreement, concerning which party shall pay the cost of policy,
the cost of the policy shall be paid for in accordance with the
declaration and bylaws of the association, and if the declaration and
bylaws contain no such provision, the cost of the policy shall be paid
one-half by the community association manager and one-half by the
association unless the parties otherwise agree in writing.
(g) A separate policy shall be furnished for each association for
which a community association manager provides association
management services, including the handling of funds.
(h) An insurance policy obtained and maintained by an association
under section 47-255, which affords the coverages required in this
section, shall be deemed compliant with this section.
Sec. 28. Section 20-633b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2020):
(a) As used in this section: Substitute House Bill No. 7299
Public Act No. 19-177 39 of 51
(1) "Medical order" means a written, oral or electronic order by a
prescribing practitioner, as defined in section 20-14c, for a drug to be
dispensed by a pharmacy for administration to a patient;
(2) "Sterile compounding pharmacy" means a pharmacy, as defined
in section 20-571, a nonresident pharmacy registered pursuant to
section 20-627, that dispenses or compounds sterile pharmaceuticals;
[and]
(3) "Sterile pharmaceutical" means any dosage form of a drug,
including, but not limited to, parenterals, injectables, surgical irrigants
and ophthalmics devoid of viable microorganisms; [.] and
(4) "USP chapters" means chapters 797, 800 and 825 of the United
States Pharmacopeia that pertain to compounding sterile
pharmaceuticals and their referenced companion documents, as
amended from time to time.
(b) (1) If an applicant for a new pharmacy license pursuant to
section 20-594, as amended by this act, intends to compound sterile
pharmaceuticals, the applicant shall file an addendum to its pharmacy
license application to include sterile pharmaceutical compounding.
The Department of Consumer Protection shall inspect the proposed
pharmacy premises of the applicant and the applicant shall not
compound sterile pharmaceuticals until it receives notice that the
addendum application has been approved by the department and the
Commission of Pharmacy.
(2) If an existing pharmacy licensed pursuant to section 20-594, as
amended by this act, intends to compound sterile pharmaceuticals for
the first time on or after July 1, 2014, such pharmacy shall file an
addendum application to its application on file with the department to
include sterile pharmaceutical compounding. The Department of
Consumer Protection shall inspect the pharmacy premises and the Substitute House Bill No. 7299
Public Act No. 19-177 40 of 51
pharmacy shall not compound sterile pharmaceuticals until it receives
notice that such addendum application has been approved by the
department and the Commission of Pharmacy.
(3) If an applicant for a nonresident pharmacy registration intends
to compound sterile pharmaceuticals for sale or delivery in this state,
the applicant shall file an addendum to its application to include sterile
pharmaceutical compounding. The applicant shall provide the
department with written proof it has passed inspection by the
appropriate state agency in the state where such nonresident
pharmacy is located. Such pharmacy shall not compound sterile
pharmaceuticals for sale or delivery in this state until it receives notice
that the addendum application has been approved by the department
and the Commission of Pharmacy.
(4) If a nonresident pharmacy registered pursuant to section 20-627
intends to compound sterile pharmaceuticals for sale or delivery in
this state for the first time on or after July 1, 2014, the nonresident
pharmacy shall file an addendum to its application to include sterile
pharmaceutical compounding. The nonresident pharmacy shall
provide the department with written proof it has passed inspection by
the appropriate state agency in the state where such nonresident
pharmacy is located. Such pharmacy shall not compound sterile
pharmaceuticals until it receives notice that the addendum application
has been approved by the department and the Commission of
Pharmacy.
(c) A sterile compounding pharmacy shall comply with the [most
recent version of the United States Pharmacopeia, Pharmaceutical
Compounding - Sterile Preparations, as amended from time to time]
USP chapters. A sterile compounding pharmacy shall also comply
with all applicable federal and state statutes and regulations.
(d) An institutional pharmacy within a facility licensed pursuant to Substitute House Bill No. 7299
Public Act No. 19-177 41 of 51
section 19a-490 that compounds sterile pharmaceuticals shall comply
with the [most recent United States Pharmacopeia, Chapter 797,
Pharmaceutical Compounding - Sterile Preparations, as amended from
time to time] USP chapters, and shall also comply with all applicable
federal and state statutes and regulations. Such institutional pharmacy
may request from the Commissioner of Consumer Protection an
extension of time, not to exceed six months, to comply, for state
enforcement purposes, with any amendments to [Chapter 797] USP
chapters, for good cause shown. The commissioner may grant an
extension for a length of time not to exceed six months. Nothing
[herein] in this section shall prevent such institutional pharmacy from
requesting a subsequent extension of time or shall prevent the
commissioner from granting such extension.
(e) (1) A sterile compounding pharmacy may only provide patient-
specific sterile pharmaceuticals to patients, practitioners of medicine,
osteopathy, podiatry, dentistry or veterinary medicine, or to an acute
care or long-term care hospital or health care facility licensed by the
Department of Public Health.
(2) If a sterile compounding pharmacy provides sterile
pharmaceuticals without a patient-specific prescription or medical
order, the sterile compounding pharmacy shall also obtain a certificate
of registration from the Department of Consumer Protection pursuant
to section 21a-70 and any required federal license or registration. A
sterile compounding pharmacy may prepare and maintain on-site
inventory of sterile pharmaceuticals no greater than a thirty-day
supply, calculated from the completion of compounding, which thirty-
day period shall include the period required for third-party analytical
testing, to be performed in accordance with the [most recent United
States Pharmacopeia, Chapter 797, Pharmaceutical Compounding -
Sterile Preparations, as amended from time to time] USP chapters.
(f) (1) If a sterile compounding pharmacy plans to remodel a Substitute House Bill No. 7299
Public Act No. 19-177 42 of 51
pharmacy clean room within the sterile compounding facility, relocate
a pharmacy clean room within the facility or upgrade or conduct a
nonemergency repair to the heating, ventilation, air conditioning or
primary engineering controls for a pharmacy clean room within the
facility, the sterile compounding pharmacy shall notify the
Department of Consumer Protection, in writing, not later than ten days
prior to commencing such remodel, relocation, upgrade or repair. If a
sterile compounding pharmacy makes an emergency repair, the sterile
compounding pharmacy shall notify the department of such repair, in
writing, as soon as possible after such repair is commenced.
(2) If the [United States Pharmacopeia, Chapter 797, Pharmaceutical
Compounding - Sterile Preparations, as amended from time to time,
requires] USP chapters require sterile recertification after such
remodel, relocation, upgrade or repair, the sterile compounding
pharmacy shall provide a copy of its sterile recertification to the
Department of Consumer Protection not later than five days after the
sterile recertification approval. The recertification shall only be
performed by an independent licensed environmental monitoring
entity.
(g) A sterile compounding pharmacy shall report, in writing, to the
Department of Consumer Protection any known violation or
noncompliance with viable and nonviable environmental sampling
testing, as defined in the [most recent United States Pharmacopeia,
Chapter 797, Pharmaceutical Compounding - Sterile Preparations, as
amended from time to time] USP chapters, not later than the end of the
next business day after discovering such violation or noncompliance.
(h) (1) If a sterile compounding pharmacy initiates a recall of sterile
pharmaceuticals that were dispensed pursuant to a patient-specific
prescription or medical order, the sterile compounding pharmacy shall
notify each patient or patient care giver, the prescribing practitioner
and the Department of Consumer Protection of such recall not later Substitute House Bill No. 7299
Public Act No. 19-177 43 of 51
than twenty-four hours after such recall was initiated.
(2) If a sterile compounding pharmacy initiates a recall of sterile
pharmaceuticals that were not dispensed pursuant to a patient-specific
prescription or a medical order, the sterile compounding pharmacy
shall notify: (A) Each purchaser of such sterile pharmaceuticals, to the
extent such sterile compounding pharmacy possesses contact
information for each such purchaser, (B) the Department of Consumer
Protection, and (C) the federal Food and Drug Administration of such
recall not later than the end of the next business day after such recall
was initiated.
(i) Each sterile compounding pharmacy and each institutional
pharmacy within a facility licensed pursuant to section 19a-490 shall
prepare and maintain a policy and procedure manual. The policy and
procedure manual shall comply with the [most recent United States
Pharmacopeia, Chapter 797, Pharmaceutical Compounding - Sterile
Preparations, as amended from time to time] USP chapters.
(j) Each sterile compounding pharmacy shall report to the
Department of Consumer Protection any administrative or legal action
commenced against it by any state or federal regulatory agency or
accreditation entity not later than five business days after receiving
notice of the commencement of such action.
(k) Notwithstanding the provisions of subdivisions (3) and (4) of
subsection (b) of this section, a sterile compounding pharmacy that is a
nonresident pharmacy shall provide the Department of Consumer
Protection proof that it has passed an inspection in such nonresident
pharmacy's home state, based on the [most recent United States
Pharmacopeia, Chapter 797, Pharmaceutical Compounding - Sterile
Preparations compliance standards, as amended from time to time]
USP chapters. Such nonresident pharmacy shall submit to the
Department of Consumer Protection a copy of the most recent Substitute House Bill No. 7299
Public Act No. 19-177 44 of 51
inspection report with its initial nonresident pharmacy application and
shall submit to the department a copy of its most recent inspection
report every two years thereafter. If the state in which the nonresident
pharmacy is located does not conduct inspections based on standards
required in the [most recent United States Pharmacopeia, Chapter 797,
Pharmaceutical Compounding, as amended from time to time] USP
chapters, such nonresident pharmacy shall provide satisfactory proof
to the department that it is in compliance with the standards required
in the [most recent United States Pharmacopeia, Chapter 797,
Pharmaceutical Compounding as amended from time to time] USP
chapters.
(l) A practitioner, as specified in subdivision (1) of subsection (e) of
this section, a hospital or a health care facility that receives sterile
pharmaceuticals shall report any errors related to such dispensing or
any suspected adulterated sterile pharmaceuticals to the Department
of Consumer Protection.
(m) (1) For purposes of this subsection, a "designated pharmacist"
means a pharmacist responsible for overseeing the compounding of
sterile pharmaceuticals and the application of the USP chapters, as said
chapters pertain to sterile compounding.
(2) Any pharmacy licensed pursuant to section 20-594, as amended
by this act, or institutional pharmacy licensed pursuant to section 19a-
490 that provides sterile pharmaceuticals shall notify the department
of its designated pharmacist.
(3) The designated pharmacist shall be responsible for providing
proof he or she has completed a program approved by the
commissioner that demonstrates the competence necessary for the
compounding of sterile pharmaceuticals, in compliance with all
applicable federal and state statutes and regulations. Substitute House Bill No. 7299
Public Act No. 19-177 45 of 51
(4) The designated pharmacist shall immediately notify the
department whenever he or she ceases such designation.
(5) Nothing in this section shall prevent a designated pharmacist
from being the pharmacy manager.
[(m)] (n) The Commissioner of Consumer Protection may adopt
regulations, in accordance with chapter 54, to implement the
provisions of this section.
Sec. 29. Section 20-594 of the general statutes is amended by adding
subsection (f) as follows (Effective from passage):
(NEW) (f) Each pharmacy licensed pursuant to this section shall
report to the department any administrative or legal action
commenced against it by any state or federal regulatory agency or
accreditation entity not later than ten business days after receiving
notice of the commencement of such action.
Sec. 30. Subsection (h) of section 21a-243 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(h) When a drug that is not a controlled substance in schedule I, II,
III, IV or V, as designated in the Connecticut controlled substance
scheduling regulations, is designated to be a controlled substance
under the federal Controlled Substances Act, such drug shall be
considered to be controlled at the state level in the same numerical
schedule [for a period of two hundred forty days] from the effective
date of the federal classification. Nothing in this section shall prevent
the Commissioner of Consumer Protection from designating a
controlled substance differently in the Connecticut controlled
substance scheduling regulations than such controlled substance is
designated in the federal Controlled Substances Act, as amended from
time to time. Substitute House Bill No. 7299
Public Act No. 19-177 46 of 51
Sec. 31. Subsection (e) of section 21a-243 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(e) Notwithstanding the provisions of subsections (a) to (d),
inclusive, of this section, not later than January 1, 2013, the
Commissioner of Consumer Protection shall submit amendments to
sections 21a-243-7 and 21a-243-8 of the regulations of Connecticut state
agencies to the standing legislative regulation review committee to
reclassify marijuana as a controlled substance in schedule II under the
Connecticut controlled substance scheduling regulations, except that
for any marijuana product that has been approved by the federal Food
and Drug Administration or successor agency to have a medical use
and that is reclassified in any schedule of controlled substances or
unscheduled by the federal Drug Enforcement Administration or
successor agency, the commissioner shall adopt the schedule
designated by the Drug Enforcement Administration or successor
agency.
Sec. 32. Subdivision (4) of section 20-500 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(4) "Appraisal management services" means any of the following:
(A) The administration of an appraiser panel;
(B) The recruitment of certified appraisers to be part of an appraiser
panel, including, but not limited to, the negotiation of fees to be paid
to, and services to be provided by, such appraisers for their
participation on such panel; or
(C) The receipt of an appraisal request or order or an appraisal
review request or order and the delivery of such request or order to an
appraiser panel. Substitute House Bill No. 7299
Public Act No. 19-177 47 of 51
Sec. 33. Subsection (a) of section 20-529b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) No appraisal management company applying for a certificate of
registration shall:
(1) Be [more than ten per cent] owned by any person who has had
an appraiser license or certificate denied, refused to be renewed,
suspended or revoked in any state;
(2) Be owned by any partnership, association, limited liability
company or corporation that is more than ten per cent owned by any
person who has had an appraiser license or certificate denied, refused
to be renewed, suspended or revoked in any state;
(3) Employ any person to perform job functions related to the
ordering, preparation, performance or review of appraisals who has
had an appraiser license or certificate denied, refused to be renewed,
suspended or revoked; or
(4) Enter into any contract, agreement or other business
arrangement, written or oral, for the procurement of appraisal services
in this state, with (A) any person who has had an appraiser license or
certificate denied, refused to be renewed, suspended or revoked, or (B)
any partnership, association, limited liability company or corporation
that employs or has entered into any contract, agreement or other
business arrangement, whether oral, written or any other form, with
any person who has had an appraiser license or certificate denied,
refused to be renewed, suspended or revoked.
Sec. 34. Subsection (a) of section 20-529c of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage): Substitute House Bill No. 7299
Public Act No. 19-177 48 of 51
(a) [Except within the first thirty days after] After an appraiser is
initially added to an appraiser panel of an appraisal management
company, such company shall not remove an appraiser from its
appraiser panel or otherwise refuse to assign requests or orders for
appraisals without:
(1) Notifying the appraiser in writing of the reasons why the
appraiser is being removed;
(2) If the appraiser is being removed for alleged illegal conduct,
violation of the USPAP or violation of state licensing standards,
notifying the appraiser in writing of the nature of the alleged conduct
or violation; and
(3) Providing the appraiser with an opportunity to respond to such
notice.
Sec. 35. Section 20-323 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
Any licensee under this chapter who is convicted of a violation of
any of the offenses enumerated in subdivision (8) of section 20-320
[shall] may incur a forfeiture of his or her license and all moneys that
may have been paid for such license. The clerk of any court in which
such conviction has been rendered shall forward to the commission
without charge a certified copy of such conviction. The [commission,
upon the receipt of a copy of the judgment of conviction, shall, not
later than ten days after such receipt, notify the licensee, in writing, of
the revocation of his license] commissioner may revoke such licensee's
license after proceedings as provided in section 20-321. Such notice
shall be conclusive of the revocation of such license. Application for
reinstatement of such license shall be subject to the provisions of
section 46a-80.
Sec. 36. Section 21a-190d of the general statutes is repealed and the Substitute House Bill No. 7299
Public Act No. 19-177 49 of 51
following is substituted in lieu thereof (Effective from passage):
The following charitable organizations that engage in solicitation
shall not be subject to the provisions of sections 21a-190b and 21a-190c,
provided each such organization, prior to conducting any solicitation
or prior to having any solicitation conducted on behalf of others, shall
submit such information as the department may require to substantiate
an exemption under this section in a form prescribed by the
commissioner:
(1) Any duly organized religious corporation, institution or society;
(2) Any parent-teacher association or educational institution, the
curricula of which in whole or in part are registered or approved by
any state or the United States either directly or by acceptance of
accreditation by an accrediting body;
(3) Any nonprofit hospital licensed in accordance with the
provisions of section 19a-630 or any similar provision of the laws of
any other state;
(4) Any governmental unit or instrumentality of any state or the
United States;
(5) Any person who solicits solely for the benefit of organizations
described in subdivisions (1) to (4), inclusive, of this section; and
(6) Any charitable organization which normally receives less than
fifty thousand dollars in contributions annually, provided such
organization does not compensate any person primarily to conduct
solicitations.
Sec. 37. Subsection (b) of section 21a-4 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage): Substitute House Bill No. 7299
Public Act No. 19-177 50 of 51
(b) The Commissioner of Consumer Protection may impose a fine of
twenty dollars on any applicant for a permit or license issued by the
Commissioner of Consumer Protection who issues to the
commissioner a check or electronic funds transfer drawn on the
account of such applicant in payment of a permit or license fee and
whose check or electronic funds transfer is returned to the Department
of Consumer Protection as uncollectible. In addition, the commissioner
may require the applicant to pay to the department any fees charged
by a financial institution to the department as a result of such returned
check or electronic funds transfer.
Sec. 38. Subdivision (8) of section 21a-62b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(8) "Potentially hazardous food" means a food that requires time
and temperature control for safety to limit pathogenic microorganism
growth or toxin formation, which controls shall be consistent with the
United States Food and Drug Administration's Food Code definition
for time and temperature control for safety food, as amended from
time to time, and adopted by reference by the commissioner pursuant
to section 19a-36h.
Sec. 39. Subsection (d) of section 20-306a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(d) Not less than two-thirds of the individual members of a limited
liability company or owners of a professional corporation that
practices or offers to practice professional engineering or land
surveying services in this state shall be individually licensed under the
provisions of this chapter and shall own not less than two-thirds of the
voting interests of the limited liability company or not less than two-
thirds of the voting stock of the professional corporation. Substitute House Bill No. 7299
Public Act No. 19-177 51 of 51