Connecticut 2019 2019 Regular Session

Connecticut Senate Bill SB01007 Introduced / Bill

Filed 03/05/2019

                        
 
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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repealed and the following is substituted in lieu thereof (Effective from 2 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 
 
 
 
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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repealed and the following is substituted in lieu thereof (Effective from 14 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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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.]