Connecticut 2019 Regular Session

Connecticut Senate Bill SB01007 Latest Draft

Bill / Comm Sub Version Filed 04/08/2019

                             
 
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General Assembly  Substitute Bill No. 1007  
January Session, 2019 
 
 
 
 
 
AN ACT CONCERNING MI NOR AND TECHNICAL CH ANGES TO 
DEPARTMENT OF CONSUM ER PROTECTION STATUTES.  
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repealed and the following is substituted in lieu thereof (Effective from 2 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 
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repealed and the following is substituted in lieu thereof (Effective from 14 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  Substitute Bill No. 1007 
 
 
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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 
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  Substitute Bill No. 1007 
 
 
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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 21a-190d of the general statutes is repealed and the 69 
following is substituted in lieu thereof (Effective from passage): 70 
The following charitable organizations that engage in solicitation 71 
shall not be subject to the provisions of sections 21a-190b and 21a-190c, 72 
provided each such organization, prior to conducting any solicitation 73 
or prior to having any solicitation conducted on behalf of others, shall 74 
submit such information as the department may require to substantiate 75 
an exemption under this section in a form prescribed by the 76 
commissioner: 77  Substitute Bill No. 1007 
 
 
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(1) Any duly organized religious corporation, institution or society; 78 
(2) Any parent-teacher association or educational institution, the 79 
curricula of which in whole or in part are registered or approved by 80 
any state or the United States either directly or by acceptance of 81 
accreditation by an accrediting body; 82 
(3) Any nonprofit hospital licensed in accordance with the 83 
provisions of section 19a-630 or any similar provision of the laws of 84 
any other state; 85 
(4) Any governmental unit or instrumentality of any state or the 86 
United States; 87 
(5) Any person who solicits solely for the benefit of organizations 88 
described in subdivisions (1) to (4), inclusive, of this section; and 89 
(6) Any charitable organization which normally receives less than 90 
fifty thousand dollars in contributions annually, provided such 91 
organization does not compensate any person primarily to conduct 92 
solicitations.  93 
Sec. 6. Subsection (b) of section 21a-4 of the general statutes is 94 
repealed and the following is substituted in lieu thereof (Effective from 95 
passage): 96 
(b) The Commissioner of Consumer Protection may impose a fine of 97 
twenty dollars on any applicant for a permit or license issued by the 98 
Commissioner of Consumer Protection who issues to the 99 
commissioner a check or electronic funds transfer drawn on the 100 
account of such applicant in payment of a permit or license fee and 101 
whose check or electronic funds transfer is returned to the Department 102 
of Consumer Protection as uncollectible. In addition, the commissioner 103 
may require the applicant to pay to the department any fees charged 104 
by a financial institution to the department as a result of such returned 105 
check or electronic funds transfer. 106  Substitute Bill No. 1007 
 
 
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Sec. 7. Subdivision (8) of section 21a-62b of the general statutes is 107 
repealed and the following is substituted in lieu thereof (Effective from 108 
passage): 109 
(8) "Potentially hazardous food" means a food that requires time 110 
and temperature control for safety to limit pathogenic microorganism 111 
growth or toxin formation, which controls shall be consistent with the 112 
United States Food and Drug Administration's Food Code definition 113 
for time and temperature control for food safety, as amended from 114 
time to time, and adopted by reference by the commissioner pursuant 115 
to section 19a-36h.  116 
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 21a-190d 
Sec. 6 from passage 21a-4(b) 
Sec. 7 from passage 21a-62b(8) 
 
GL Joint Favorable Subst.