LCO No. 5459 1 of 8 General Assembly Raised Bill No. 1007 January Session, 2019 LCO No. 5459 Referred to Committee on GENERAL LAW Introduced by: (GL) AN ACT CONCERNING MI NOR AND TECHNICAL CHANGES TO DEPARTMENT OF CONSUM ER PROTECTION STATUT ES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subdivision (4) of section 20-500 of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective from 2 passage): 3 (4) "Appraisal management services" means any of the following: 4 (A) The administration of an appraiser panel; 5 (B) The recruitment of certified appraisers to be part of an appraiser 6 panel, including, but not limited to, the negotiation of fees to be paid 7 to, and services to be provided by, such appraisers for their 8 participation on such panel; or 9 (C) The receipt of an appraisal request or order or an appraisal 10 review request or order and the delivery of such request or order to an 11 appraiser panel. 12 Raised Bill No. 1007 LCO No. 5459 2 of 8 Sec. 2. Subsection (a) of section 20-529b of the general statutes is 13 repealed and the following is substituted in lieu thereof (Effective from 14 passage): 15 (a) No appraisal management company applying for a certificate of 16 registration shall: 17 (1) Be [more than ten per cent] owned by any person who has had 18 an appraiser license or certificate denied, refused to be renewed, 19 suspended or revoked in any state; 20 (2) Be owned by any partnership, association, limited liability 21 company or corporation that is more than ten per cent owned by any 22 person who has had an appraiser license or certificate denied, refused 23 to be renewed, suspended or revoked in any state; 24 (3) Employ any person to perform job functions related to the 25 ordering, preparation, performance or review of appraisals who has 26 had an appraiser license or certificate denied, refused to be renewed, 27 suspended or revoked; or 28 (4) Enter into any contract, agreement or other business 29 arrangement, written or oral, for the procurement of appraisal services 30 in this state, with (A) any person who has had an appraiser license or 31 certificate denied, refused to be renewed, suspended or revoked, or (B) 32 any partnership, association, limited liability company or corporation 33 that employs or has entered into any contract, agreement or other 34 business arrangement, whether oral, written or any other form, with 35 any person who has had an appraiser license or certificate denied, 36 refused to be renewed, suspended or revoked. 37 Sec. 3. Subsection (a) of section 20-529c of the general statutes is 38 repealed and the following is substituted in lieu thereof (Effective from 39 passage): 40 (a) [Except within the first thirty days after] After an appraiser is 41 initially added to an appraiser panel of an appraisal management 42 Raised Bill No. 1007 LCO No. 5459 3 of 8 company, such company shall not remove an appraiser from its 43 appraiser panel or otherwise refuse to assign requests or orders for 44 appraisals without: 45 (1) Notifying the appraiser in writing of the reasons why the 46 appraiser is being removed; 47 (2) If the appraiser is being removed for alleged illegal conduct, 48 violation of the USPAP or violation of state licensing standards, 49 notifying the appraiser in writing of the nature of the alleged conduct 50 or violation; and 51 (3) Providing the appraiser with an opportunity to respond to such 52 notice. 53 Sec. 4. Section 20-323 of the general statutes is repealed and the 54 following is substituted in lieu thereof (Effective from passage): 55 Any licensee under this chapter who is convicted of a violation of 56 any of the offenses enumerated in subdivision (8) of section 20-320 57 [shall] may incur a forfeiture of his license and all moneys that may 58 have been paid for such license. The clerk of any court in which such 59 conviction has been rendered shall forward to the commission without 60 charge a certified copy of such conviction. The [commission, upon the 61 receipt of a copy of the judgment of conviction, shall, not later than ten 62 days after such receipt, notify the licensee, in writing, of the revocation 63 of his license] commissioner may revoke such licensee's license after 64 proceedings as provided in section 20-321. Such notice shall be 65 conclusive of the revocation of such license. Application for 66 reinstatement of such license shall be subject to the provisions of 67 section 46a-80. 68 Sec. 5. Section 20-340 of the general statutes is repealed and the 69 following is substituted in lieu thereof (Effective from passage): 70 The provisions of this chapter shall not apply to: (1) Persons 71 employed by any federal, state or municipal agency; (2) employees of 72 Raised Bill No. 1007 LCO No. 5459 4 of 8 any public service company regulated by the Public Utilities 73 Regulatory Authority or of any corporate affiliate of any such 74 company when the work performed by such affiliate is on behalf of a 75 public service company, but in either case only if the work performed 76 is in connection with the rendition of public utility service, including 77 the installation or maintenance of wire for community antenna 78 television service, or is in connection with the installation or 79 maintenance of wire or telephone sets for single-line telephone service 80 located inside the premises of a consumer; (3) employees of any 81 municipal corporation specially chartered by this state; (4) employees 82 of any contractor while such contractor is performing electrical-line or 83 emergency work for any public service company; (5) persons engaged 84 in the installation, maintenance, repair and service of electrical or other 85 appliances of a size customarily used for domestic use where such 86 installation commences at an outlet receptacle or connection 87 previously installed by persons licensed to do the same and 88 maintenance, repair and service is confined to the appliance itself and 89 its internal operation; (6) employees of industrial firms whose main 90 duties concern the maintenance of the electrical work, plumbing and 91 piping work, solar thermal work, heating, piping, cooling work, sheet 92 metal work, elevator installation, repair and maintenance work, 93 automotive glass work or flat glass work of such firm on its own 94 premises or on premises leased by it for its own use; (7) employees of 95 industrial firms when such employees' main duties concern the 96 fabrication of glass products or electrical, plumbing and piping, fire 97 protection sprinkler systems, solar, heating, piping, cooling, chemical 98 piping, sheet metal or elevator installation, repair and maintenance 99 equipment used in the production of goods sold by industrial firms, 100 except for products, electrical, plumbing and piping systems and 101 repair and maintenance equipment used directly in the production of a 102 product for human consumption; (8) persons performing work 103 necessary to the manufacture or repair of any apparatus, appliances, 104 fixtures, equipment or devices produced by it for sale or lease; (9) 105 employees of stage and theatrical companies performing the operation, 106 installation and maintenance of electrical equipment if such 107 Raised Bill No. 1007 LCO No. 5459 5 of 8 installation commences at an outlet receptacle or connection 108 previously installed by persons licensed to make such installation; (10) 109 employees of carnivals, circuses or similar transient amusement shows 110 who install electrical work, provided such installation shall be subject 111 to the approval of the State Fire Marshal prior to use as otherwise 112 provided by law and shall comply with applicable municipal 113 ordinances and regulations; (11) persons engaged in the installation, 114 maintenance, repair and service of glass or electrical, residential stair 115 lifts, plumbing, fire protection sprinkler systems, solar, heating, piping, 116 cooling and sheet metal equipment in and about single-family 117 residences owned and occupied or to be occupied by such persons; 118 provided any such installation, maintenance and repair shall be subject 119 to inspection and approval by the building official of the municipality 120 in which such residence is located and shall conform to the 121 requirements of the State Building Code; (12) persons who install, 122 maintain or repair glass in a motor vehicle owned or leased by such 123 persons; (13) persons or entities holding themselves out to be retail 124 sellers of glass products, but not such persons or entities that also 125 engage in automotive glass work or flat glass work; (14) persons who 126 install preglazed or preassembled windows or doors in residential or 127 commercial buildings; (15) persons registered under chapter 400 who 128 install safety-backed mirror products or repair or replace flat glass in 129 sizes not greater than thirty square feet in residential buildings; (16) 130 sheet metal work performed in residential buildings consisting of six 131 units or less by new home construction contractors registered pursuant 132 to chapter 399a, by home improvement contractors registered pursuant 133 to chapter 400 or by persons licensed pursuant to this chapter, when 134 such work is limited to exhaust systems installed for hoods and fans in 135 kitchens and baths, clothes dryer exhaust systems, radon vent systems, 136 fireplaces, fireplace flues, masonry chimneys or prefabricated metal 137 chimneys rated by Underwriters Laboratories or installation of stand-138 alone appliances including wood, pellet or other stand-alone stoves 139 that are installed in residential buildings by such contractors or 140 persons; (17) employees of or any contractor employed by and under 141 the direction of a properly licensed solar contractor, performing work 142 Raised Bill No. 1007 LCO No. 5459 6 of 8 limited to the hoisting, placement and anchoring of solar collectors, 143 photovoltaic panels, towers or turbines; (18) persons performing 144 swimming pool maintenance and repair work authorized pursuant to 145 section 20-417aa; and (19) any employee of the Connecticut Airport 146 Authority covered by a state collective bargaining agreement. 147 Sec. 6. Section 21a-190d of the general statutes is repealed and the 148 following is substituted in lieu thereof (Effective from passage): 149 The following charitable organizations that engage in solicitation 150 shall not be subject to the provisions of sections 21a-190b and 21a-190c, 151 provided each such organization, prior to conducting any solicitation 152 or prior to having any solicitation conducted on behalf of others, shall 153 submit such information as the department may require to substantiate 154 an exemption under this section in a form prescribed by the 155 commissioner: 156 (1) Any duly organized religious corporation, institution or society; 157 (2) Any parent-teacher association or educational institution, the 158 curricula of which in whole or in part are registered or approved by 159 any state or the United States either directly or by acceptance of 160 accreditation by an accrediting body; 161 (3) Any nonprofit hospital licensed in accordance with the 162 provisions of section 19a-630 or any similar provision of the laws of 163 any other state; 164 (4) Any governmental unit or instrumentality of any state or the 165 United States; 166 (5) Any person who solicits solely for the benefit of organizations 167 described in subdivisions (1) to (4), inclusive, of this section; and 168 (6) Any charitable organization which normally receives less than 169 fifty thousand dollars in contributions annually, provided such 170 organization does not compensate any person primarily to conduct 171 solicitations. 172 Raised Bill No. 1007 LCO No. 5459 7 of 8 Sec. 7. Subsection (b) of section 21a-4 of the general statutes is 173 repealed and the following is substituted in lieu thereof (Effective from 174 passage): 175 (b) The Commissioner of Consumer Protection may impose a fine of 176 twenty dollars on any applicant for a permit or license issued by the 177 Commissioner of Consumer Protection who issues to the 178 commissioner a check or electronic funds transfer drawn on the 179 account of such applicant in payment of a permit or license fee and 180 whose check or electronic funds transfer is returned to the Department 181 of Consumer Protection as uncollectible. In addition, the commissioner 182 may require the applicant to pay to the department any fees charged 183 by a financial institution to the department as a result of such returned 184 check or electronic funds transfer. 185 Sec. 8. Subdivision (8) of section 21a-62b of the general statutes is 186 repealed and the following is substituted in lieu thereof (Effective from 187 passage): 188 (8) "Potentially hazardous food" means a food that requires time 189 and temperature control for safety to limit pathogenic microorganism 190 growth or toxin formation and shall be consistent with the United 191 States Food and Drug Administration's Food Code definition for time 192 and temperature control for food safety, as amended from time to 193 time, and adopted by reference by the commissioner pursuant to 194 section 19a-36h. 195 This act shall take effect as follows and shall amend the following sections: Section 1 from passage 20-500(4) Sec. 2 from passage 20-529b(a) Sec. 3 from passage 20-529c(a) Sec. 4 from passage 20-323 Sec. 5 from passage 20-340 Sec. 6 from passage 21a-190d Sec. 7 from passage 21a-4(b) Sec. 8 from passage 21a-62b(8) Raised Bill No. 1007 LCO No. 5459 8 of 8 Statement of Purpose: To make minor and technical changes to Department of Consumer Protection statutes. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]