Connecticut 2019 Regular Session

Connecticut Senate Bill SB01007 Compare Versions

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Version 2 (New)

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	3	+	LCO No. 5459 1 of 8
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7		-	General Assembly ~~Substitute~~ Bill No. 1007
	5	+	General Assembly Raised Bill No. 1007
8	6		January Session, 2019
	7	+	LCO No. 5459
9	8
	9	+
	10	+	Referred to Committee on GENERAL LAW
	11	+
	12	+
	13	+	Introduced by:
	14	+	(GL)
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14	19		AN ACT CONCERNING MI NOR AND TECHNICAL CHANGES TO
15	20		DEPARTMENT OF CONSUM ER PROTECTION STATUT ES.
16	21		Be it enacted by the Senate and House of Representatives in General
17	22		Assembly convened:
18	23
19	24		Section 1. Subdivision (4) of section 20-500 of the general statutes is 1
20	25		repealed and the following is substituted in lieu thereof (Effective from 2
21	26		passage): 3
22	27		(4) "Appraisal management services" means any of the following: 4
23	28		(A) The administration of an appraiser panel; 5
24	29		(B) The recruitment of certified appraisers to be part of an appraiser 6
25	30		panel, including, but not limited to, the negotiation of fees to be paid 7
26	31		to, and services to be provided by, such appraisers for their 8
27	32		participation on such panel; or 9
28	33		(C) The receipt of an appraisal request or order or an appraisal 10
29	34		review request or order and the delivery of such request or order to an 11
30		-	appraiser panel. 12
	35	+	appraiser panel. 12 Raised Bill No. 1007
	36	+
	37	+
	38	+
	39	+	LCO No. 5459 2 of 8
	40	+
31	41		Sec. 2. Subsection (a) of section 20-529b of the general statutes is 13
32	42		repealed and the following is substituted in lieu thereof (Effective from 14
33	43		passage): 15
34		-	(a) No appraisal management company applying for a certificate of 16 Substitute Bill No. 1007
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	44	+	(a) No appraisal management company applying for a certificate of 16
41	45		registration shall: 17
42	46		(1) Be [more than ten per cent] owned by any person who has had 18
43	47		an appraiser license or certificate denied, refused to be renewed, 19
44	48		suspended or revoked in any state; 20
45	49		(2) Be owned by any partnership, association, limited liability 21
46	50		company or corporation that is more than ten per cent owned by any 22
47	51		person who has had an appraiser license or certificate denied, refused 23
48	52		to be renewed, suspended or revoked in any state; 24
49	53		(3) Employ any person to perform job functions related to the 25
50	54		ordering, preparation, performance or review of appraisals who has 26
51	55		had an appraiser license or certificate denied, refused to be renewed, 27
52	56		suspended or revoked; or 28
53	57		(4) Enter into any contract, agreement or other business 29
54	58		arrangement, written or oral, for the procurement of appraisal services 30
55	59		in this state, with (A) any person who has had an appraiser license or 31
56	60		certificate denied, refused to be renewed, suspended or revoked, or (B) 32
57	61		any partnership, association, limited liability company or corporation 33
58	62		that employs or has entered into any contract, agreement or other 34
59	63		business arrangement, whether oral, written or any other form, with 35
60	64		any person who has had an appraiser license or certificate denied, 36
61	65		refused to be renewed, suspended or revoked. 37
62	66		Sec. 3. Subsection (a) of section 20-529c of the general statutes is 38
63	67		repealed and the following is substituted in lieu thereof (Effective from 39
64	68		passage): 40
65	69		(a) [Except within the first thirty days after] After an appraiser is 41
66		-	initially added to an appraiser panel of an appraisal management 42
	70	+	initially added to an appraiser panel of an appraisal management 42 Raised Bill No. 1007
	71	+
	72	+
	73	+
	74	+	LCO No. 5459 3 of 8
	75	+
67	76		company, such company shall not remove an appraiser from its 43
68	77		appraiser panel or otherwise refuse to assign requests or orders for 44
69	78		appraisals without: 45
70		-	(1) Notifying the appraiser in writing of the reasons why the 46 Substitute Bill No. 1007
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	79	+	(1) Notifying the appraiser in writing of the reasons why the 46
77	80		appraiser is being removed; 47
78	81		(2) If the appraiser is being removed for alleged illegal conduct, 48
79	82		violation of the USPAP or violation of state licensing standards, 49
80	83		notifying the appraiser in writing of the nature of the alleged conduct 50
81	84		or violation; and 51
82	85		(3) Providing the appraiser with an opportunity to respond to such 52
83	86		notice. 53
84	87		Sec. 4. Section 20-323 of the general statutes is repealed and the 54
85	88		following is substituted in lieu thereof (Effective from passage): 55
86	89		Any licensee under this chapter who is convicted of a violation of 56
87	90		any of the offenses enumerated in subdivision (8) of section 20-320 57
88	91		[shall] may incur a forfeiture of his license and all moneys that may 58
89	92		have been paid for such license. The clerk of any court in which such 59
90	93		conviction has been rendered shall forward to the commission without 60
91	94		charge a certified copy of such conviction. The [commission, upon the 61
92	95		receipt of a copy of the judgment of conviction, shall, not later than ten 62
93	96		days after such receipt, notify the licensee, in writing, of the revocation 63
94	97		of his license] commissioner may revoke such licensee's license after 64
95	98		proceedings as provided in section 20-321. Such notice shall be 65
96	99		conclusive of the revocation of such license. Application for 66
97	100		reinstatement of such license shall be subject to the provisions of 67
98	101		section 46a-80. 68
99		-	Sec. 5. Section ~~21a-190d~~ of the general statutes is repealed and the 69
	102	+	Sec. 5. Section 20-340 of the general statutes is repealed and the 69
100	103		following is substituted in lieu thereof (Effective from passage): 70
101		-	The following charitable organizations that engage in solicitation 71
102		-	shall not be subject to the provisions of sections 21a-190b and 21a-190c, 72
103		-	provided each such organization, prior to conducting any solicitation 73
104		-	or prior to having any solicitation conducted on behalf of others, shall 74
105		-	submit such information as the department may require to substantiate 75
106		-	an exemption under this section in a form prescribed by the 76
107		-	commissioner: 77 Substitute Bill No. 1007
	104	+	The provisions of this chapter shall not apply to: (1) Persons 71
	105	+	employed by any federal, state or municipal agency; (2) employees of 72 Raised Bill No. 1007
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114		-	(1) Any duly organized religious corporation, institution or society; 78
115		-	(2) Any parent-teacher association or educational institution, the 79
116		-	curricula of which in whole or in part are registered or approved by 80
117		-	any state or the United States either directly or by acceptance of 81
118		-	accreditation by an accrediting body; 82
119		-	(3) Any nonprofit hospital licensed in accordance with the 83
120		-	provisions of section 19a-630 or any similar provision of the laws of 84
121		-	any other state; 85
122		-	(4) Any governmental unit or instrumentality of any state or the 86
123		-	United States; 87
124		-	(5) Any person who solicits solely for the benefit of organizations 88
125		-	described in subdivisions (1) to (4), inclusive, of this section; and 89
126		-	(6) Any charitable organization which normally receives less than 90
127		-	fifty thousand dollars in contributions annually, provided such 91
128		-	organization does not compensate any person primarily to conduct 92
129		-	solicitations. 93
130		-	Sec. 6. Subsection (b) of section 21a-4 of the general statutes is 94
131		-	repealed and the following is substituted in lieu thereof (Effective from 95
132		-	passage): 96
133		-	(b) The Commissioner of Consumer Protection may impose a fine of 97
134		-	twenty dollars on any applicant for a permit or license issued by the 98
135		-	Commissioner of Consumer Protection who issues to the 99
136		-	commissioner a check or electronic funds transfer drawn on the 100
137		-	account of such applicant in payment of a permit or license fee and 101
138		-	whose check or electronic funds transfer is returned to the Department 102
139		-	of Consumer Protection as uncollectible. In addition, the commissioner 103
140		-	may require the applicant to pay to the department any fees charged 104
141		-	by a financial institution to the department as a result of such returned 105
142		-	check or electronic funds transfer. 106 Substitute Bill No. 1007
	109	+	LCO No. 5459 4 of 8
	110	+
	111	+	any public service company regulated by the Public Utilities 73
	112	+	Regulatory Authority or of any corporate affiliate of any such 74
	113	+	company when the work performed by such affiliate is on behalf of a 75
	114	+	public service company, but in either case only if the work performed 76
	115	+	is in connection with the rendition of public utility service, including 77
	116	+	the installation or maintenance of wire for community antenna 78
	117	+	television service, or is in connection with the installation or 79
	118	+	maintenance of wire or telephone sets for single-line telephone service 80
	119	+	located inside the premises of a consumer; (3) employees of any 81
	120	+	municipal corporation specially chartered by this state; (4) employees 82
	121	+	of any contractor while such contractor is performing electrical-line or 83
	122	+	emergency work for any public service company; (5) persons engaged 84
	123	+	in the installation, maintenance, repair and service of electrical or other 85
	124	+	appliances of a size customarily used for domestic use where such 86
	125	+	installation commences at an outlet receptacle or connection 87
	126	+	previously installed by persons licensed to do the same and 88
	127	+	maintenance, repair and service is confined to the appliance itself and 89
	128	+	its internal operation; (6) employees of industrial firms whose main 90
	129	+	duties concern the maintenance of the electrical work, plumbing and 91
	130	+	piping work, solar thermal work, heating, piping, cooling work, sheet 92
	131	+	metal work, elevator installation, repair and maintenance work, 93
	132	+	automotive glass work or flat glass work of such firm on its own 94
	133	+	premises or on premises leased by it for its own use; (7) employees of 95
	134	+	industrial firms when such employees' main duties concern the 96
	135	+	fabrication of glass products or electrical, plumbing and piping, fire 97
	136	+	protection sprinkler systems, solar, heating, piping, cooling, chemical 98
	137	+	piping, sheet metal or elevator installation, repair and maintenance 99
	138	+	equipment used in the production of goods sold by industrial firms, 100
	139	+	except for products, electrical, plumbing and piping systems and 101
	140	+	repair and maintenance equipment used directly in the production of a 102
	141	+	product for human consumption; (8) persons performing work 103
	142	+	necessary to the manufacture or repair of any apparatus, appliances, 104
	143	+	fixtures, equipment or devices produced by it for sale or lease; (9) 105
	144	+	employees of stage and theatrical companies performing the operation, 106
	145	+	installation and maintenance of electrical equipment if such 107 Raised Bill No. 1007
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148	148
149		-	Sec. 7. Subdivision (8) of section 21a-62b of the general statutes is 107
150		-	repealed and the following is substituted in lieu thereof (Effective from 108
151		-	passage): 109
152		-	(8) "Potentially hazardous food" means a food that requires time 110
153		-	and temperature control for safety to limit pathogenic microorganism 111
154		-	growth or toxin formation, which controls shall be consistent with the 112
155		-	United States Food and Drug Administration's Food Code definition 113
156		-	for time and temperature control for food safety, as amended from 114
157		-	time to time, and adopted by reference by the commissioner pursuant 115
158		-	to section 19a-36h. 116
	149	+	LCO No. 5459 5 of 8
	150	+
	151	+	installation commences at an outlet receptacle or connection 108
	152	+	previously installed by persons licensed to make such installation; (10) 109
	153	+	employees of carnivals, circuses or similar transient amusement shows 110
	154	+	who install electrical work, provided such installation shall be subject 111
	155	+	to the approval of the State Fire Marshal prior to use as otherwise 112
	156	+	provided by law and shall comply with applicable municipal 113
	157	+	ordinances and regulations; (11) persons engaged in the installation, 114
	158	+	maintenance, repair and service of glass or electrical, residential stair 115
	159	+	lifts, plumbing, fire protection sprinkler systems, solar, heating, piping, 116
	160	+	cooling and sheet metal equipment in and about single-family 117
	161	+	residences owned and occupied or to be occupied by such persons; 118
	162	+	provided any such installation, maintenance and repair shall be subject 119
	163	+	to inspection and approval by the building official of the municipality 120
	164	+	in which such residence is located and shall conform to the 121
	165	+	requirements of the State Building Code; (12) persons who install, 122
	166	+	maintain or repair glass in a motor vehicle owned or leased by such 123
	167	+	persons; (13) persons or entities holding themselves out to be retail 124
	168	+	sellers of glass products, but not such persons or entities that also 125
	169	+	engage in automotive glass work or flat glass work; (14) persons who 126
	170	+	install preglazed or preassembled windows or doors in residential or 127
	171	+	commercial buildings; (15) persons registered under chapter 400 who 128
	172	+	install safety-backed mirror products or repair or replace flat glass in 129
	173	+	sizes not greater than thirty square feet in residential buildings; (16) 130
	174	+	sheet metal work performed in residential buildings consisting of six 131
	175	+	units or less by new home construction contractors registered pursuant 132
	176	+	to chapter 399a, by home improvement contractors registered pursuant 133
	177	+	to chapter 400 or by persons licensed pursuant to this chapter, when 134
	178	+	such work is limited to exhaust systems installed for hoods and fans in 135
	179	+	kitchens and baths, clothes dryer exhaust systems, radon vent systems, 136
	180	+	fireplaces, fireplace flues, masonry chimneys or prefabricated metal 137
	181	+	chimneys rated by Underwriters Laboratories or installation of stand-138
	182	+	alone appliances including wood, pellet or other stand-alone stoves 139
	183	+	that are installed in residential buildings by such contractors or 140
	184	+	persons; (17) employees of or any contractor employed by and under 141
	185	+	the direction of a properly licensed solar contractor, performing work 142 Raised Bill No. 1007
	186	+
	187	+
	188	+
	189	+	LCO No. 5459 6 of 8
	190	+
	191	+	limited to the hoisting, placement and anchoring of solar collectors, 143
	192	+	photovoltaic panels, towers or turbines; (18) persons performing 144
	193	+	swimming pool maintenance and repair work authorized pursuant to 145
	194	+	section 20-417aa; and (19) any employee of the Connecticut Airport 146
	195	+	Authority covered by a state collective bargaining agreement. 147
	196	+	Sec. 6. Section 21a-190d of the general statutes is repealed and the 148
	197	+	following is substituted in lieu thereof (Effective from passage): 149
	198	+	The following charitable organizations that engage in solicitation 150
	199	+	shall not be subject to the provisions of sections 21a-190b and 21a-190c, 151
	200	+	provided each such organization, prior to conducting any solicitation 152
	201	+	or prior to having any solicitation conducted on behalf of others, shall 153
	202	+	submit such information as the department may require to substantiate 154
	203	+	an exemption under this section in a form prescribed by the 155
	204	+	commissioner: 156
	205	+	(1) Any duly organized religious corporation, institution or society; 157
	206	+	(2) Any parent-teacher association or educational institution, the 158
	207	+	curricula of which in whole or in part are registered or approved by 159
	208	+	any state or the United States either directly or by acceptance of 160
	209	+	accreditation by an accrediting body; 161
	210	+	(3) Any nonprofit hospital licensed in accordance with the 162
	211	+	provisions of section 19a-630 or any similar provision of the laws of 163
	212	+	any other state; 164
	213	+	(4) Any governmental unit or instrumentality of any state or the 165
	214	+	United States; 166
	215	+	(5) Any person who solicits solely for the benefit of organizations 167
	216	+	described in subdivisions (1) to (4), inclusive, of this section; and 168
	217	+	(6) Any charitable organization which normally receives less than 169
	218	+	fifty thousand dollars in contributions annually, provided such 170
	219	+	organization does not compensate any person primarily to conduct 171
	220	+	solicitations. 172 Raised Bill No. 1007
	221	+
	222	+
	223	+
	224	+	LCO No. 5459 7 of 8
	225	+
	226	+	Sec. 7. Subsection (b) of section 21a-4 of the general statutes is 173
	227	+	repealed and the following is substituted in lieu thereof (Effective from 174
	228	+	passage): 175
	229	+	(b) The Commissioner of Consumer Protection may impose a fine of 176
	230	+	twenty dollars on any applicant for a permit or license issued by the 177
	231	+	Commissioner of Consumer Protection who issues to the 178
	232	+	commissioner a check or electronic funds transfer drawn on the 179
	233	+	account of such applicant in payment of a permit or license fee and 180
	234	+	whose check or electronic funds transfer is returned to the Department 181
	235	+	of Consumer Protection as uncollectible. In addition, the commissioner 182
	236	+	may require the applicant to pay to the department any fees charged 183
	237	+	by a financial institution to the department as a result of such returned 184
	238	+	check or electronic funds transfer. 185
	239	+	Sec. 8. Subdivision (8) of section 21a-62b of the general statutes is 186
	240	+	repealed and the following is substituted in lieu thereof (Effective from 187
	241	+	passage): 188
	242	+	(8) "Potentially hazardous food" means a food that requires time 189
	243	+	and temperature control for safety to limit pathogenic microorganism 190
	244	+	growth or toxin formation and shall be consistent with the United 191
	245	+	States Food and Drug Administration's Food Code definition for time 192
	246	+	and temperature control for food safety, as amended from time to 193
	247	+	time, and adopted by reference by the commissioner pursuant to 194
	248	+	section 19a-36h. 195
159	249		This act shall take effect as follows and shall amend the following
160	250		sections:
161	251
162	252		Section 1 from passage 20-500(4)
163	253		Sec. 2 from passage 20-529b(a)
164	254		Sec. 3 from passage 20-529c(a)
165	255		Sec. 4 from passage 20-323
166		-	Sec. 5 from passage 21a-190d
167		-	Sec. 6 from passage 21a-4(b)
168		-	Sec. 7 from passage 21a-62b(8)
	256	+	Sec. 5 from passage 20-340
	257	+	Sec. 6 from passage 21a-190d
	258	+	Sec. 7 from passage 21a-4(b)
	259	+	Sec. 8 from passage 21a-62b(8) Raised Bill No. 1007
169	260
170		-	GL Joint Favorable Subst.
	261	+
	262	+
	263	+	LCO No. 5459 8 of 8
	264	+
	265	+
	266	+	Statement of Purpose:
	267	+	To make minor and technical changes to Department of Consumer
	268	+	Protection statutes.
	269	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	270	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	271	+	not underlined.]
171	272