Connecticut 2020 Regular Session

Connecticut Senate Bill SB00125 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 1315 1 of 51
4	4
5	5	General Assembly Raised Bill No. 125
6	6	February Session, 2020
7	7	LCO No. 1315
8	8
9	9
10	10	Referred to Committee on GENERAL LAW
11	11
12	12
13	13	Introduced by:
14	14	(GL)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING DE PARTMENT OF CONSUMER PROTECTION
20	20	LICENSING AND ENFORC EMENT.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Subsection (c) of section 20-281k of the general statutes is 1
25	25	repealed and the following is substituted in lieu thereof (Effective July 1, 2
26	26	2020): 3
27	27	(c) [Nothing in this section shall require a licensee to keep any 4
28	28	workpaper beyond the period prescribed in any other applicable 5
29	29	statute, except that any] A licensee shall ensure that any work product 6
30	30	and workpaper created in the performance of an engagement for a client 7
31	31	are retained for not less than seven years after creation of such work 8
32	32	product and workpaper, unless the licensee is required by law to retain 9
33	33	such records for a longer period. Any work product or workpaper 10
34	34	prepared by a licensee in the course of an audit of a corporation the 11
35	35	securities of which are registered under Section 12 of the Securities 12
36	36	Exchange Act of 1934, as from time to time amended, or that is required 13
37	37	to file reports under Section 15(d) of the Securities Exchange Act of 1934, 14
38	38	as from time to time amended, shall be retained for the period described 15 Raised Bill No. 125
39	39
40	40
41	41
42	42	LCO No. 1315 2 of 51
43	43
44	44	in section 33-1332. 16
45	45	Sec. 2. Section 20-500 of the 2020 supplement to the general statutes 17
46	46	is repealed and the following is substituted in lieu thereof (Effective July 18
47	47	1, 2020): 19
48	48	As used in sections 20-500 to 20-529e, inclusive, unless the context 20
49	49	otherwise requires: 21
50	50	(1) "Appraisal" means the practice of developing an opinion of the 22
51	51	value of real property, in conformance with the USPAP. 23
52	52	(2) "Appraisal Foundation" means the not-for-profit corporation 24
53	53	referred to in Section 1121 of Title XI of FIRREA. 25
54	54	(3) "Appraisal management company" means any person, 26
55	55	partnership, association, limited liability company or corporation that 27
56	56	performs appraisal management services. "Appraisal management 28
57	57	company" does not include: 29
58	58	(A) An appraiser that enters into a written or oral agreement with 30
59	59	another appraiser for the performance of an appraisal, which is signed 31
60	60	by both appraisers upon completion; 32
61	61	(B) An appraisal management company that [(i) is wholly owned by 33
62	62	a financial institution subject to regulation by an agency or department 34
63	63	of the United States government or an agency of this state, and (ii) only 35
64	64	receives appraisal requests from an employee of such financial 36
65	65	institution] is a subsidiary owned and controlled by a financial 37
66	66	institution regulated by a federal financial institution regulatory agency 38
67	67	shall not be required to register with this state. For the purposes of this 39
68	68	subdivision, "financial institution" means a bank, as defined in section 40
69	69	36a-2, an out-of-state bank, as defined in section 36a-2, an institutional 41
70	70	lender, any subsidiary or affiliate of such bank, out-of-state bank or 42
71	71	institutional lender, or other lender licensed by the Department of 43
72	72	Banking; 44
73	73	(C) A department or unit of a financial institution subject to 45 Raised Bill No. 125
74	74
75	75
76	76
77	77	LCO No. 1315 3 of 51
78	78
79	79	regulation by an agency or department of the United States government 46
80	80	or an agency of this state that only receives appraisal requests from an 47
81	81	employee of such financial institution; or 48
82	82	(D) Any local, state or federal agency or department thereof. 49
83	83	(4) "Appraisal management services" means any of the following: 50
84	84	(A) The administration of an appraiser panel; 51
85	85	(B) The recruitment of certified appraisers to be part of an appraiser 52
86	86	panel, including, but not limited to, the negotiation of fees to be paid to, 53
87	87	and services to be provided by, such appraisers for their participation 54
88	88	on such panel; or 55
89	89	(C) The receipt of an appraisal request or order or an appraisal review 56
90	90	request or order and the delivery of such request or order to an 57
91	91	appraiser panel. 58
92	92	(5) "Appraiser panel" means a network of appraisers who are certified 59
93	93	in accordance with the requirements established by the commission by 60
94	94	regulation, who are independent contractors of an appraisal 61
95	95	management company and who have: 62
96	96	(A) Responded to an invitation, request or solicitation from an 63
97	97	appraisal management company to perform appraisals (i) requested or 64
98	98	ordered through such company, or (ii) directly for such company on a 65
99	99	periodic basis as assigned by the company; and 66
100	100	(B) Been selected and approved by such company. 67
101	101	(6) "Certified appraiser" means a person who has satisfied the 68
102	102	minimum requirements for a category of certification established by the 69
103	103	commission by regulation. Such minimum requirements shall be 70
104	104	consistent with guidelines established by the Appraisal Qualification 71
105	105	Board of the Appraisal Foundation. The categories of certification shall 72
106	106	include, but may be modified by the commission thereafter, one 73
107	107	category denoted as "certified residential appraiser" and another 74 Raised Bill No. 125
108	108
109	109
110	110
111	111	LCO No. 1315 4 of 51
112	112
113	113	denoted as "certified general appraiser". 75
114	114	(7) "Commission" means the Connecticut Real Estate Appraisal 76
115	115	Commission appointed under the provisions of section 20-502. 77
116	116	(8) "Commissioner" means the Commissioner of Consumer 78
117	117	Protection. 79
118	118	(9) "Compliance manager" means a person who holds an appraiser 80
119	119	certification in at least one state and who is responsible for overseeing 81
120	120	the implementation of, and compliance with, procedures for an 82
121	121	appraisal management company to: 83
122	122	(A) Verify that a person being added to the appraiser panel of the 84
123	123	company holds a license in good standing in accordance with section 85
124	124	20-509; 86
125	125	(B) Maintain detailed records of each appraisal request or order the 87
126	126	company receives and of the appraiser who performs such appraisal; 88
127	127	and 89
128	128	(C) Review on a periodic basis the work of all appraisers performing 90
129	129	appraisals for the company to ensure that such appraisals are being 91
130	130	conducted in accordance with the USPAP. 92
131	131	(10) "Controlling person" means a person who has not had an 93
132	132	appraiser license or a similar license or appraiser certificate denied, 94
133	133	refused to be renewed, suspended or revoked in any state and who: 95
134	134	(A) Is an owner, officer or director of a partnership, association, 96
135	135	limited liability company or corporation offering or seeking to offer 97
136	136	appraisal management services in this state; 98
137	137	(B) Is employed by an appraisal management company and has the 99
138	138	authority to enter into contracts or agreements for the performance of 100
139	139	appraisal management services or appraisals, or is appointed or 101
140	140	authorized by such company to enter into such contracts or agreements; 102
141	141	or 103 Raised Bill No. 125
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143	143
144	144
145	145	LCO No. 1315 5 of 51
146	146
147	147	(C) May exercise authority over or direct the management or policies 104
148	148	of an appraisal management company. 105
149	149	(11) "Engaging in the real estate appraisal business" means the act or 106
150	150	process of estimating the value of real estate for a fee or other valuable 107
151	151	consideration. 108
152	152	(12) "FIRREA" means the Financial Institutions, Reform, Recovery 109
153	153	and Enforcement Act of 1989, P.L. 101-73, 103 Stat. 183. 110
154	154	(13) "Person" means an individual. 111
155	155	(14) "Provisional appraiser" means a person engaged in the business 112
156	156	of estimating the value of real estate for a fee or other valuable 113
157	157	consideration under the supervision of a certified real estate appraiser 114
158	158	and who meets the minimum requirements, if any, established by the 115
159	159	commission by regulation for provisional appraiser status. 116
160	160	(15) "Provisional license" means a license issued to a provisional 117
161	161	appraiser. 118
162	162	(16) "Real estate appraiser" or "appraiser" means a person engaged in 119
163	163	the business of estimating the value of real estate for a fee or other 120
164	164	valuable consideration. 121
165	165	(17) "USPAP" means the Uniform Standards of Professional 122
166	166	Appraisal Practice issued by the Appraisal Standards Board of the 123
167	167	Appraisal Foundation pursuant to Title XI of FIRREA. 124
168	168	Sec. 3. Subsection (c) of section 20-529 of the 2020 supplement to the 125
169	169	general statutes is repealed and the following is substituted in lieu 126
170	170	thereof (Effective July 1, 2020): 127
171	171	(c) Before issuing or renewing a certificate of registration, the 128
172	172	commissioner may: 129
173	173	(1) Certify that each appraisal management company applying for a 130
174	174	certificate of registration has procedures in place to (A) verify that a 131 Raised Bill No. 125
175	175
176	176
177	177
178	178	LCO No. 1315 6 of 51
179	179
180	180	person being added to the appraiser panel of the company holds a 132
181	181	certificate in good standing in accordance with section 20-509, (B) 133
182	182	maintain detailed records of each appraisal request or order it receives 134
183	183	and of the appraiser who performs such appraisal, and (C) review on a 135
184	184	periodic basis the work of all appraisers performing appraisals for the 136
185	185	company, to ensure that such appraisals are being conducted in 137
186	186	accordance with the USPAP; 138
187	187	(2) Determine to the commissioner's satisfaction that each person 139
188	188	owning [more than ten per cent of] an interest in an appraisal 140
189	189	management company is of good moral character and such person has 141
190	190	submitted to a background investigation, as deemed necessary by the 142
191	191	commissioner; 143
192	192	(3) Determine to the commissioner's satisfaction that the controlling 144
193	193	person (A) has never had an appraiser license or certificate denied, 145
194	194	refused to be renewed, suspended or revoked in any state, (B) is of good 146
195	195	moral character, and (C) has submitted to a background investigation, 147
196	196	as deemed necessary by the commissioner; and 148
197	197	(4) Determine to the commissioner's satisfaction that each appraisal 149
198	198	management company compensates appraisers in compliance with the 150
199	199	federal Truth-in-Lending Act, 15 USC Section 1639e(i), as amended from 151
200	200	time to time. 152
201	201	Sec. 4. Section 20-529b of the 2020 supplement to the general statutes 153
202	202	is repealed and the following is substituted in lieu thereof (Effective July 154
203	203	1, 2020): 155
204	204	(a) No appraisal management company applying for a certificate of 156
205	205	registration shall: 157
206	206	(1) Be owned by any person who has had an appraiser license or 158
207	207	certificate denied, refused to be renewed, suspended or revoked in any 159
208	208	state; 160
209	209	(2) Be owned by any partnership, association, limited liability 161 Raised Bill No. 125
210	210
211	211
212	212
213	213	LCO No. 1315 7 of 51
214	214
215	215	company or corporation [that is more than ten per cent owned by] in 162
216	216	which there is an ownership interest held by any person who has had 163
217	217	an appraiser license or certificate denied, refused to be renewed, 164
218	218	suspended or revoked in any state; 165
219	219	(3) Employ any person to perform job functions related to the 166
220	220	ordering, preparation, performance or review of appraisals who has had 167
221	221	an appraiser license or certificate denied, refused to be renewed, 168
222	222	suspended or revoked; or 169
223	223	(4) Enter into any contract, agreement or other business arrangement, 170
224	224	written or oral, for the procurement of appraisal services in this state, 171
225	225	with (A) any person who has had an appraiser license or certificate 172
226	226	denied, refused to be renewed, suspended or revoked, or (B) any 173
227	227	partnership, association, limited liability company or corporation that 174
228	228	employs or has entered into any contract, agreement or other business 175
229	229	arrangement, whether oral, written or any other form, with any person 176
230	230	who has had an appraiser license or certificate denied, refused to be 177
231	231	renewed, suspended or revoked. 178
232	232	(b) Any employee of an appraisal management company or any 179
233	233	contractor working on behalf of such company who has any 180
234	234	involvement in the performance of appraisals in this state or review and 181
235	235	analysis of completed appraisals in this state shall be certified and in 182
236	236	good standing pursuant to the provisions of sections 20-500 to 20-528, 183
237	237	inclusive, as amended by this act. This subsection shall not prohibit an 184
238	238	individual who is not so certified from performing job functions that (1) 185
239	239	are confined to an examination of an appraisal or an appraisal report for 186
240	240	grammatical, typographical or clerical errors, and (2) do not involve the 187
241	241	formulation of opinions or comments about (A) the appraiser's data 188
242	242	collection, analyses, opinions, conclusions or valuation, or (B) 189
243	243	compliance of such appraisal or appraisal report with the USPAP. 190
244	244	(c) Except in cases of breach of contract or substandard performance 191
245	245	of services or where the parties have mutually agreed upon an alternate 192
246	246	payment schedule in writing, each appraisal management company 193 Raised Bill No. 125
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248	248
249	249
250	250	LCO No. 1315 8 of 51
251	251
252	252	operating in this state shall make payment to an appraiser for the 194
253	253	completion of an appraisal or valuation assignment not later than forty-195
254	254	five days after the date on which such appraiser transmits or otherwise 196
255	255	provides the completed appraisal or valuation study to the appraisal 197
256	256	management company or its assignee. 198
257	257	(d) No employee, owner, controlling person, director, officer or agent 199
258	258	of an appraisal management company shall intentionally influence, 200
259	259	coerce or encourage or attempt to influence, coerce or encourage, an 201
260	260	appraiser to misstate or misrepresent the value of a subject property, by 202
261	261	any means, including: 203
262	262	(1) Withholding or threatening to withhold timely payment for an 204
263	263	appraisal; 205
264	264	(2) Withholding or threatening to withhold business from, or 206
265	265	demoting, terminating or threatening to demote or terminate, an 207
266	266	appraiser; 208
267	267	(3) Expressly or impliedly promising future business, promotion or 209
268	268	increased compensation to an appraiser; 210
269	269	(4) Conditioning an appraisal request or payment of a fee, salary or 211
270	270	bonus on the opinion, preliminary estimate, conclusion or valuation to 212
271	271	be reached by the appraiser; 213
272	272	(5) Requesting that an appraiser provide a predetermined or desired 214
273	273	valuation in an appraisal report or estimated values or comparable sales 215
274	274	at any time prior to the completion of an appraisal; 216
275	275	(6) Providing to an appraiser an anticipated, estimated, encouraged 217
276	276	or desired value for a subject property or a proposed or target amount 218
277	277	to be loaned to the borrower, except that a copy of the contract to 219
278	278	purchase may be provided; 220
279	279	(7) Providing or offering to provide to an appraiser or to any person 221
280	280	or entity related to the appraiser stock or other financial or nonfinancial 222
281	281	benefits; 223 Raised Bill No. 125
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283	283
284	284
285	285	LCO No. 1315 9 of 51
286	286
287	287	(8) Removing an appraiser from an appraiser panel without prior 224
288	288	written notice to such appraiser as set forth in section 20-529c; 225
289	289	(9) Obtaining, using or paying for a subsequent appraisal or ordering 226
290	290	an automated valuation model in connection with a mortgage financing 227
291	291	transaction unless (A) there is a reasonable basis to believe that the 228
292	292	initial appraisal was flawed or tainted and such basis is clearly noted in 229
293	293	such transaction file, or (B) such subsequent appraisal or automated 230
294	294	valuation model is performed pursuant to a bona fide prefunding or 231
295	295	postfunding appraisal review, loan underwriting or quality control 232
296	296	process; or 233
297	297	(10) Using any other act or practice that impairs or attempts to impair 234
298	298	an appraiser's independence, objectivity or impartiality. 235
299	299	(e) Nothing in subsection (d) of this section shall be construed to 236
300	300	prohibit an appraisal management company from requesting that an 237
301	301	appraiser provide additional information about the basis for a valuation 238
302	302	or correct objective factual errors in an appraisal report. 239
303	303	Sec. 5. Subsection (c) of section 20-517 of the general statutes is 240
304	304	repealed and the following is substituted in lieu thereof (Effective July 1, 241
305	305	2020): 242
306	306	(c) Persons certified or provisionally licensed in accordance with the 243
307	307	provisions of sections 20-500 to 20-528, inclusive, as amended by this 244
308	308	act, shall fulfill a continuing education requirement. Applicants for an 245
309	309	annual renewal certification or provisional license shall, in addition to 246
310	310	the other requirements imposed by the provisions of said sections, 247
311	311	biennially within any even-numbered year submit proof of compliance 248
312	312	with the continuing education requirements of this subsection, if any, to 249
313	313	the commission. [, accompanied by a sixteen-dollar processing fee] Each 250
314	314	licensee shall pay an eight-dollar continuing education processing fee 251
315	315	annually to cover the costs associated with the review and auditing of 252
316	316	continuing education submissions. 253
317	317	Sec. 6. Section 20-295b of the general statutes is repealed and the 254 Raised Bill No. 125
318	318
319	319
320	320
321	321	LCO No. 1315 10 of 51
322	322
323	323	following is substituted in lieu thereof (Effective July 1, 2020): 255
324	324	(a) Any person who, on October 1, 1969, holds a certificate of 256
325	325	authority or renewal issued pursuant to sections 20-295 and 20-295a of 257
326	326	the general statutes, revised to 1968, shall be entered on the roster of 258
327	327	licensed architects and shall thereafter be authorized and entitled to 259
328	328	practice architecture in accordance with the provisions of this chapter. 260
329	329	(b) An architect licensed in this state may perform the work of an 261
330	330	interior designer, as prescribed in chapter 396a. 262
331	331	Sec. 7. Section 20-292 of the 2020 supplement to the general statutes 263
332	332	is repealed and the following is substituted in lieu thereof (Effective July 264
333	333	1, 2020): 265
334	334	(a) Each licensed architect shall renew his or her license annually. 266
335	335	Pursuant to section 20-289, a licensee shall pay to the department the 267
336	336	professional services fee for class F, as defined in section 33-182l and 268
337	337	shall submit proof of, or attest to, completion of continuing education 269
338	338	requirements. 270
339	339	(b) Each corporation holding a certificate of authorization for the 271
340	340	practice of architecture shall renew its certificate of authorization for the 272
341	341	practice of architecture each year and pay to the department a renewal 273
342	342	fee of two hundred twenty dollars. 274
343	343	(c) An applicant for examination or reexamination under this chapter 275
344	344	shall pay a nonrefundable fee of seventy-two dollars and an amount 276
345	345	sufficient to meet the cost of conducting each portion of the examination 277
346	346	taken by such applicant. The fee for an applicant who qualifies for a 278
347	347	license, other than by examination, in accordance with the provisions of 279
348	348	section 20-291, shall be one hundred dollars. 280
349	349	(d) Pursuant to section 20-289, an architect who is retired and not 281
350	350	practicing any aspect of architecture and who is (1) sixty-five years of 282
351	351	age or older, or (2) has been licensed for a minimum of ten years in this 283
352	352	state, may apply for registration as an Architect Emeritus. The fee for 284 Raised Bill No. 125
353	353
354	354
355	355
356	356	LCO No. 1315 11 of 51
357	357
358	358	such registration shall be ten dollars. An Architect Emeritus may not 285
359	359	engage in the practice of architecture without applying for and receiving 286
360	360	an architect license. 287
361	361	(e) For renewal of a license under this section, an applicant shall attest 288
362	362	that he or she has completed twelve hours of continuing professional 289
363	363	education during the continuing professional education period. The 290
364	364	continuing professional education period shall commence three 291
365	365	calendar months prior to the credential expiration date and shall run for 292
366	366	a period of one calendar year from the date of commencement. 293
367	367	(f) (1) For renewal of a license under this section, the department shall 294
368	368	charge the following fees for failure to earn continuing professional 295
369	369	education credits by the end of the continuing professional education 296
370	370	period: 297
371	371	(A) Three hundred fifteen dollars for reporting on a renewal 298
372	372	application a minimum of twelve hours of continuing professional 299
373	373	education, any of which was earned up to thirteen weeks following the 300
374	374	end of the continuing professional education period; 301
375	375	(B) Six hundred twenty-five dollars for reporting on a renewal 302
376	376	application a minimum of twelve hours of continuing professional 303
377	377	education, any of which was earned up to twenty-six weeks following 304
378	378	the end of the continuing professional education period; 305
379	379	(2) Failure, on the part of a licensee under section 20-292, as amended 306
380	380	by this act, to comply with the continuing professional education 307
381	381	requirements for more than twenty-six weeks beyond the continuing 308
382	382	professional education period may result in the suspension, revocation 309
383	383	or refusal to renew the license by the board or department after an 310
384	384	administrative hearing held pursuant to chapter 54. 311
385	385	Sec. 8. Subsection (a) of section 20-452 of the 2020 supplement to the 312
386	386	general statutes is repealed and the following is substituted in lieu 313
387	387	thereof (Effective from passage): 314 Raised Bill No. 125
388	388
389	389
390	390
391	391	LCO No. 1315 12 of 51
392	392
393	393	(a) Any person seeking a certificate of registration as a community 315
394	394	association manager or as a community association manager trainee 316
395	395	shall apply to the department in writing, on a form provided by the 317
396	396	department. Such application shall include the applicant's name, 318
397	397	residence address, business address, business telephone number, a 319
398	398	question as to whether the applicant has been convicted of a felony in 320
399	399	any state or jurisdiction and such other information as the department 321
400	400	may require. Except for a community association manager trainee, any 322
401	401	person seeking an initial certificate of registration shall submit to a 323
402	402	request by the commissioner for a state and national criminal history 324
403	403	records check, to be conducted in accordance with section 29-17a. No 325
404	404	registration as a community association manager shall be issued unless 326
405	405	the commissioner has received the results of such records check. 327
406	406	Sec. 9. Section 20-453 of the 2020 supplement to the general statutes 328
407	407	is repealed and the following is substituted in lieu thereof (Effective from 329
408	408	passage): 330
409	409	(a) Upon receipt of a completed application and the appropriate fees, 331
410	410	the department, upon authorization of the commission, shall: (1) Issue 332
411	411	and deliver to the applicant a certificate of registration; or (2) refuse to 333
412	412	issue the certificate. The commission may suspend, revoke or refuse to 334
413	413	issue or renew any certificate issued under sections 20-450 to 20-462, 335
414	414	inclusive, or may place a registrant on probation or issue a letter of 336
415	415	reprimand for any of the reasons stated in section 20-456. No application 337
416	416	for the reinstatement of a certificate which has been revoked shall be 338
417	417	accepted by the department within one year after the date of such 339
418	418	revocation. 340
419	419	(b) Any person issued an initial certificate of registration as a 341
420	420	community association manager prior to October 1, 2019, shall, not later 342
421	421	than one year following the date of issuance of such certificate, 343
422	422	successfully complete a nationally recognized course on community 344
423	423	association management and pass the National Board of Certification 345
424	424	for Community Association Managers' Certified Manager of 346
425	425	Community Associations examination, or a similar examination as may 347 Raised Bill No. 125
426	426
427	427
428	428
429	429	LCO No. 1315 13 of 51
430	430
431	431	be prescribed by the Commissioner of Consumer Protection in 348
432	432	regulations adopted pursuant to subsection [(c)] (d) of this section. 349
433	433	(c) Any person issued an initial certificate of registration as a 350
434	434	community association manager on or after October 1, 2019, shall 351
435	435	successfully complete a nationally recognized course on community 352
436	436	association management and pass the National Board of Certification 353
437	437	for Community Association Managers' Certified Manager of 354
438	438	Community Associations examination, or a similar examination as may 355
439	439	be prescribed by the Commissioner of Consumer Protection in 356
440	440	regulations adopted pursuant to subsection (d) of this section. 357
441	441	[(c)] (d) The department, with the advice and assistance of the 358
442	442	commission, shall adopt regulations, in accordance with chapter 54, 359
443	443	concerning any examination required for certification under this chapter 360
444	444	and the approval of schools, institutions or organizations offering 361
445	445	courses in current practices and laws concerning community association 362
446	446	management and the content of such courses. Such regulations shall 363
447	447	include, but not be limited to: (1) Specifications for meeting the 364
448	448	educational requirements prescribed in this section; and (2) exemptions 365
449	449	from the educational requirements for reasons of health or instances of 366
450	450	individual hardship. In adopting such regulations, the department may 367
451	451	not disapprove a school, institution or organization that offers an 368
452	452	examination or courses in current practices and laws concerning 369
453	453	community association management solely because its examination or 370
454	454	courses are offered or taught by electronic means, nor may the 371
455	455	department disapprove an examination or course solely because it is 372
456	456	offered or taught by electronic means. 373
457	457	[(d)] (e) An applicant for renewal of registration as a community 374
458	458	association manager shall, in addition to the other requirements 375
459	459	imposed by the provisions of this chapter, complete sixteen hours of 376
460	460	continuing education over the course of the two-year period, retain 377
461	461	proof of completion, and, upon request, provide such proof to the 378
462	462	department. Continuing education shall consist of a course or courses, 379
463	463	offered by the Connecticut Chapter of the Community Associations 380 Raised Bill No. 125
464	464
465	465
466	466
467	467	LCO No. 1315 14 of 51
468	468
469	469	Institute, in community association management techniques and 381
470	470	common interest community law, or similar courses as may be 382
471	471	prescribed by the Commissioner of Consumer Protection in regulations 383
472	472	adopted pursuant to this chapter. 384
473	473	Sec. 10. Section 20-457 of the 2020 supplement to the general statutes 385
474	474	is repealed and the following is substituted in lieu thereof (Effective from 386
475	475	passage): 387
476	476	(a) Each community association manager shall (1) exhibit his or her 388
477	477	certificate of registration upon request by any interested party, (2) state 389
478	478	in any advertisement the fact that he or she is registered, and (3) include 390
479	479	his or her registration number in any advertisement. In the case of a 391
480	480	business entity, the advertisement shall identify at least one principal, 392
481	481	officer or director of the entity that is a community association manager 393
482	482	and shall include the registration number of such principal, officer or 394
483	483	director. 395
484	484	(b) No person shall: (1) Present or attempt to present, as his or her 396
485	485	own, the certificate of another, (2) knowingly give false evidence of a 397
486	486	material nature to the commission or department for the purpose of 398
487	487	procuring a certificate, (3) represent himself or herself falsely as, or 399
488	488	impersonate, a registered community association manager, (4) use or 400
489	489	attempt to use a certificate which has expired or which has been 401
490	490	suspended or revoked, (5) offer to provide association management 402
491	491	services without having a current certificate of registration under 403
492	492	sections 20-450 to 20-462, inclusive, (6) represent in any manner that his 404
493	493	or her registration constitutes an endorsement of the quality of his or 405
494	494	her services or of his or her competency by the commission or 406
495	495	department. In addition to any other remedy provided for in sections 407
496	496	20-450 to 20-462, inclusive, any person who violates any provision of 408
497	497	this subsection shall, after an administrative hearing, be fined not more 409
498	498	than one thousand dollars, or shall be imprisoned for not more than one 410
499	499	year or be both fined and imprisoned. A violation of any of the 411
500	500	provisions of sections 20-450 to 20-462, inclusive, shall be deemed an 412
501	501	unfair or deceptive trade practice under subsection (a) of section 42-413 Raised Bill No. 125
502	502
503	503
504	504
505	505	LCO No. 1315 15 of 51
506	506
507	507	110b. 414
508	508	(c) Certificates issued to community association managers shall not 415
509	509	be transferable or assignable. 416
510	510	(d) All certificates issued to community association managers under 417
511	511	the provisions of sections 20-450 to 20-462, inclusive, shall expire 418
512	512	annually on the thirty-first day of January. A holder of a certificate of 419
513	513	registration who seeks to renew his or her certificate shall, when filing 420
514	514	an application for renewal of the certificate, submit documentation to 421
515	515	the department which establishes that he or she has passed any 422
516	516	examination and completed any educational coursework, as the case 423
517	517	may be, required for certification under this chapter. The fee for renewal 424
518	518	of a certificate shall be two hundred dollars. 425
519	519	[(e) A community association manager whose certificate has expired 426
520	520	more than one month before his or her application for renewal is made 427
521	521	shall have his or her registration restored upon payment of a fee of fifty 428
522	522	dollars in addition to his or her renewal fee. Restoration of a registration 429
523	523	shall be effective upon approval of the application for renewal by the 430
524	524	commission or department. 431
525	525	(f) A certificate shall not be restored unless it is renewed not later than 432
526	526	one year after its expiration.] 433
527	527	[(g)] (e) Failure to receive a notice of expiration or a renewal 434
528	528	application shall not exempt a community association manager from the 435
529	529	obligation to renew. 436
530	530	[(h)] (f) All certificates issued to community association manager 437
531	531	trainees under the provisions of sections 20-450 to 20-462, inclusive, 438
532	532	shall expire six months from the date of issuance and shall not be 439
533	533	renewable. 440
534	534	Sec. 11. Subsection (b) of section 20-458 of the 2020 supplement to the 441
535	535	general statutes is repealed and the following is substituted in lieu 442
536	536	thereof (Effective from passage): 443 Raised Bill No. 125
537	537
538	538
539	539
540	540	LCO No. 1315 16 of 51
541	541
542	542	(b) No contract to provide association management services shall: 444
543	543	(1) Be sold or assigned to another person without the approval of a 445
544	544	majority of the executive board of the association; or 446
545	545	(2) Include any clause, covenant or agreement that indemnifies or 447
546	546	holds harmless the person contracting to provide association 448
547	547	management services from or against any liability for loss or damage 449
548	548	resulting from such person's negligence or [wilful] willful misconduct. 450
549	549	Sec. 12. Subsection (b) of section 20-460 of the 2020 supplement to the 451
550	550	general statutes is repealed and the following is substituted in lieu 452
551	551	thereof (Effective from passage): 453
552	552	(b) The commercially available insurance policy referred to in 454
553	553	subsection (a) of this section shall: (1) Be written by an insurance 455
554	554	company authorized to write such policies in this state; (2) except as 456
555	555	provided in subsection (c) of this section, cover the maximum funds that 457
556	556	will be in the custody of the community association manager at any time 458
557	557	while the bond is in force, and in no event be less than the sum of three 459
558	558	months' assessments plus reserve funds; (3) name the association as 460
559	559	obligee; (4) [cover the community association manager, community 461
560	560	association manager trainee and all partners, officers, employees of the 462
561	561	community association manager and may cove r other persons 463
562	562	controlling, collecting, having access to or disbursing association funds 464
563	563	as well; (5)] be conditioned upon the persons covered by the policy truly 465
564	564	and faithfully accounting for all funds received by them, under their 466
565	565	care, custody or control, or to which they have access; [(6)] (5) provide 467
566	566	that the insurance company issuing the policy may not cancel, 468
567	567	substantially modify or refuse to renew the policy without giving thirty 469
568	568	days' prior written notice to the association and the department, except 470
569	569	in the case of a nonpayment of premiums, in which case ten days' prior 471
570	570	written notice shall be given; [(7)] and (6) contain such other provisions 472
571	571	as the department may, by regulation, require. 473
572	572	Sec. 13. Subsection (b) of section 21a-190e of the general statutes is 474
573	573	repealed and the following is substituted in lieu thereof (Effective from 475 Raised Bill No. 125
574	574
575	575
576	576
577	577	LCO No. 1315 17 of 51
578	578
579	579	passage): 476
580	580	(b) A fund-raising counsel who at any time has custody or control of 477
581	581	contributions from a solicitation shall register with the department. 478
582	582	Applications for registration or renewal of a registration as a fund-479
583	583	raising counsel shall be in a form prescribed by the commissioner and 480
584	584	shall be accompanied by a fee in the amount of one hundred twenty 481
585	585	dollars. Each fund-raising counsel shall certify that such application or 482
586	586	report is true and correct to the best of the fund-raising counsel's 483
587	587	knowledge. Each application shall contain such information as the 484
588	588	department shall require. Each registration shall be valid for one year 485
589	589	and may be renewed for additional one-year periods. An applicant for 486
590	590	registration or for a renewal of registration as a fund-raising counsel 487
591	591	shall, at the time of making such application, file with and have 488
592	592	approved by the department a bond in a form prescribed by the 489
593	593	commissioner, in which the applicant shall be the principal obligor in 490
594	594	the sum of [twenty] fifty thousand dollars, with one or more responsible 491
595	595	sureties whose liability in the aggregate as such sureties shall be no less 492
596	596	than such sum. The fund-raising counsel shall maintain the bond in 493
597	597	effect as long as the registration is in effect. The bond shall run to the 494
598	598	state and to any person who may have a cause of action against the 495
599	599	principal obligor of the bond for any liabilities resulting from the 496
600	600	obligor's conduct of any activities subject to sections 21a-190a to 21a-497
601	601	190l, inclusive, as amended by this act, or arising out of a violation of 498
602	602	said sections or any regulation adopted pursuant to said sections. Any 499
603	603	such fund-raising counsel shall account to the charitable organization 500
604	604	with which he has contracted for all income received and expenses paid 501
605	605	no later than ninety days after a solicitation campaign has been 502
606	606	completed, and in the case of a solicitation campaign lasting more than 503
607	607	one year, on the anniversary of the commencement of such campaign. 504
608	608	Such accounting shall be in writing, shall be retained by the charitable 505
609	609	organization for three years and shall be available to the department 506
610	610	upon request. 507
611	611	Sec. 14. Section 21a-190f of the general statutes is repealed and the 508
612	612	following is substituted in lieu thereof (Effective from passage): 509 Raised Bill No. 125
613	613
614	614
615	615
616	616	LCO No. 1315 18 of 51
617	617
618	618	(a) No person shall act as a paid solicitor unless such person has first 510
619	619	registered with the department. Registration shall be in a form 511
620	620	prescribed by the commissioner, shall be certified by the paid solicitor 512
621	621	as true and correct to the best of the solicitor's knowledge and shall be 513
622	622	accompanied by a fee in the amount of five hundred dollars. The 514
623	623	application shall contain such information as the department shall 515
624	624	require. Each registration shall be valid for one year and may be 516
625	625	renewed for additional one-year periods. 517
626	626	(b) An applicant for registration or for a renewal of registration as a 518
627	627	paid solicitor shall, at the time of making such application, file with and 519
628	628	have approved by the department a bond in a form prescribed by the 520
629	629	commissioner, in which the applicant shall be the principal obligor in 521
630	630	the sum of [twenty] fifty thousand dollars, with one or more responsible 522
631	631	sureties whose liability in the aggregate as such sureties shall be no less 523
632	632	than such sum. The paid solicitor shall maintain the bond in effect as 524
633	633	long as the registration is in effect. The bond shall run to the state and 525
634	634	to any person who may have a cause of action against the principal 526
635	635	obligor of the bond for any liabilities resulting from the obligor's 527
636	636	conduct of any activities subject to sections 21a-190a to 21a-190l, 528
637	637	inclusive, as amended by this act, or arising out of a violation of said 529
638	638	sections or any regulation adopted pursuant to said sections. 530
639	639	(c) No less than twenty days prior to the commencement of each 531
640	640	solicitation campaign, a paid solicitor shall file with the department a 532
641	641	copy of the contract described in subsection (d) of this section and shall 533
642	642	complete a solicitation notice in a form prescribed by the commissioner. 534
643	643	A solicitation notice shall be certified by the paid solicitor as true and 535
644	644	correct to the best of the solicitor's knowledge and shall include a 536
645	645	description of the solicitation event or campaign, the location and 537
646	646	telephone number from which the solicitation is to be conducted, the 538
647	647	names and residence addresses of all employees, agents or other 539
648	648	persons however styled who are to solicit during such campaign and 540
649	649	the account number and location of all bank accounts where receipts 541
650	650	from such campaign are to be deposited. Copies of campaign solicitation 542
651	651	literature, including the text of any solicitation to be made orally, shall 543 Raised Bill No. 125
652	652
653	653
654	654
655	655	LCO No. 1315 19 of 51
656	656
657	657	be submitted to the department. The charitable organization on whose 544
658	658	behalf the paid solicitor is acting shall certify that the solicitation notice 545
659	659	and accompanying material are true and complete. Prior to the 546
660	660	commencement of such solicitation campaign, the commissioner shall 547
661	661	publicize such solicitation by posting on the department's web site 548
662	662	information describing the terms of the contract between the paid 549
663	663	solicitor and the charitable organization, the dates of such solicitation 550
664	664	campaign and the percentage of the raised funds to be retained by the 551
665	665	paid solicitor. The commissioner may publicize such solicitation 552
666	666	through any additional means the commissioner deems appropriate. If 553
667	667	a solicitation campaign continues for a period longer than five years, the 554
668	668	paid solicitor shall, every five years and by not later than the last day of 555
669	669	the month of the submission of the first solicitation notice, complete a 556
670	670	new solicitation notice in a form prescribed by the commissioner and 557
671	671	shall refile a copy of the contract described in subsection (d) of this 558
672	672	section. 559
673	673	(d) A contract between a paid solicitor and a charitable organization 560
674	674	shall be in writing, shall clearly state the respective obligations of the 561
675	675	paid solicitor and the charitable organization and shall state the 562
676	676	minimum amount that the charitable organization shall receive as a 563
677	677	result of the solicitation campaign, which minimum amount shall be 564
678	678	stated as a percentage of the gross revenue. Such minimum amount 565
679	679	shall not include any amount that the charitable organization is to pay 566
680	680	as expenses of the solicitation campaign. 567
681	681	(e) A paid solicitor shall, prior to orally requesting a contribution, and 568
682	682	at the same time at which a written request for a contribution is made, 569
683	683	clearly and conspicuously disclose at the point of solicitation such 570
684	684	solicitor's name as on file with the department, the fact that such 571
685	685	solicitor is a paid solicitor and the percentage of the gross revenue which 572
686	686	the charitable organization shall receive as identified in subsection (d) 573
687	687	of this section. 574
688	688	(f) A paid solicitor shall, in the case of a solicitation campaign 575
689	689	conducted orally, whether by telephone or otherwise, send a written 576 Raised Bill No. 125
690	690
691	691
692	692
693	693	LCO No. 1315 20 of 51
694	694
695	695	confirmation to each person who has pledged to contribute, no more 577
696	696	than five days after such person has been solicited, which confirmation 578
697	697	shall include a clear and conspicuous disclosure of the information 579
698	698	required by subsection (e) of this section. 580
699	699	(g) A paid solicitor shall not represent that any part of the 581
700	700	contributions received will be given or donated to any charitable 582
701	701	organization unless such organization has consented in writing to the 583
702	702	use of its name, prior to the solicitation. Such written consent, if given, 584
703	703	shall be signed by two authorized officers, directors or trustees of the 585
704	704	charitable organization. 586
705	705	(h) No paid solicitor may represent that tickets to an event are to be 587
706	706	donated for use by another, unless the paid solicitor has first obtained a 588
707	707	commitment, in writing, from a charitable organization stating that it 589
708	708	will accept donated tickets and specifying the number of tickets which 590
709	709	it is willing to accept and provided no more contributions for donated 591
710	710	tickets shall be solicited than the number of ticket commitments 592
711	711	received from the charitable organization. 593
712	712	(i) A paid solicitor shall require any person such solicitor directly or 594
713	713	indirectly employs, procures or engages to solicit to comply with the 595
714	714	provisions of subsections (e) to (h), inclusive, of this section. 596
715	715	(j) A paid solicitor shall file a financial report for the campaign with 597
716	716	the department no more than ninety days after a solicitation campaign 598
717	717	has been completed, and on the anniversary of the commencement of 599
718	718	any solicitation campaign which lasts more than one year, in a form 600
719	719	prescribed by the commissioner. The financial report shall include gross 601
720	720	revenue and an itemization of all expenditures incurred. The report 602
721	721	shall be completed on a form prescribed by the department. An 603
722	722	authorized official of the paid solicitor and two authorized officials of 604
723	723	the charitable organization shall certify that such report is true and 605
724	724	complete to the best of their knowledge. The information contained in 606
725	725	such report shall be available to the public. 607
726	726	(k) A paid solicitor shall maintain during each solicitation campaign 608 Raised Bill No. 125
727	727
728	728
729	729
730	730	LCO No. 1315 21 of 51
731	731
732	732	and for not less than three years after the completion of each such 609
733	733	campaign the following records, which shall be available to the 610
734	734	department for inspection upon request: (1) The name and address of 611
735	735	each contributor and the date and amount of the contribution, provided 612
736	736	the department shall not disclose this information except to the extent 613
737	737	necessary for investigative or law enforcement purposes; (2) the name 614
738	738	and residence of each employee, agent or other person involved in the 615
739	739	solicitation; and (3) records of all income received and expenses 616
740	740	incurred in the course of the solicitation campaign. 617
741	741	(l) If a paid solicitor sells tickets to an event and represents that tickets 618
742	742	will be donated for use by another, the paid solicitor shall maintain, for 619
743	743	not less than three years after the completion of such event, the 620
744	744	following records, which shall be available to the department for 621
745	745	inspection upon request: (1) The name and address of contributors 622
746	746	donating tickets and the number of tickets donated by each contributor; 623
747	747	and (2) the name and address of all organizations receiving donated 624
748	748	tickets for use by others, including the number of tickets received by 625
749	749	each organization. 626
750	750	(m) All funds collected by the paid solicitor shall be deposited in a 627
751	751	bank account. The bank account shall be in the name of the charitable 628
752	752	organization with whom the paid solicitor has contracted and the 629
753	753	charitable organization shall have sole or joint control of the account. 630
754	754	(n) Any material change in any information filed with the department 631
755	755	pursuant to this section shall be reported in writing or electronically by 632
756	756	the paid solicitor to the department not more than seven days after such 633
757	757	change occurs. 634
758	758	(o) No person may act as a paid solicitor if such person, any officer or 635
759	759	director thereof, any person with a controlling interest therein, or any 636
760	760	person the paid solicitor employs, engages or procures to solicit for 637
761	761	compensation, has been convicted by a court of any state or the United 638
762	762	States of any felony, or of any misdemeanor involving dishonesty or 639
763	763	arising from the conduct of a solicitation for a charitable organization or 640 Raised Bill No. 125
764	764
765	765
766	766
767	767	LCO No. 1315 22 of 51
768	768
769	769	purpose. Any denial, suspension or revocation of the registration of a 641
770	770	paid solicitor based on a violation of this subsection shall be made in 642
771	771	accordance with the provisions of section 46a-80. 643
772	772	Sec. 15. Section 21a-190l of the general statutes is repealed and the 644
773	773	following is substituted in lieu thereof (Effective from passage): 645
774	774	(a) The commissioner may deny, suspend or revoke the registration 646
775	775	of any charitable organization, fund-raising counsel or paid solicitor 647
776	776	which has violated any provision of sections 21a-190a to 21a-190l, 648
777	777	inclusive, as amended by this act. [The commissioner may accept a 649
778	778	written assurance of compliance when said commissioner determines 650
779	779	that a violation of said sections is such that the public interest would not 651
780	780	be served by a denial, suspension or revocation of such registration.] 652
781	781	(b) The Attorney General, at the request of the commissioner, may 653
782	782	apply to the Superior Court for, and the court may grant, a temporary 654
783	783	injunction or a permanent injunction to restrain violations of sections 655
784	784	21a-190a to 21a-190l, inclusive, as amended by this act, the appointment 656
785	785	of a receiver, an order of restitution, an accounting and such other relief 657
786	786	as may be appropriate to ensure the due application of charitable funds. 658
787	787	Proceedings thereon shall be brought in the name of the state. 659
788	788	(c) Any person who knowingly violates any provision of sections 21a-660
789	789	190a to 21a-190l, inclusive, as amended by this act, shall be fined not 661
790	790	more than five thousand dollars or imprisoned not more than one year, 662
791	791	or both. 663
792	792	(d) In any action brought under subsection (b) of this section, if the 664
793	793	court finds that a person has [wilfully] willfully engaged in conduct 665
794	794	prohibited by section 21a-190h, the Attorney General, upon petition to 666
795	795	the court, may recover, on behalf of the state, a civil penalty of not more 667
796	796	than two thousand five hundred dollars for each violation. For purposes 668
797	797	of this subsection, a [wilful] willful violation occurs when the party 669
798	798	committing the violation knew or should have known that such conduct 670
799	799	was prohibited by section 21a-190h. 671 Raised Bill No. 125
800	800
801	801
802	802
803	803	LCO No. 1315 23 of 51
804	804
805	805	Sec. 16. Section 43-8a of the general statutes is repealed and the 672
806	806	following is substituted in lieu thereof (Effective from passage): 673
807	807	The Commissioner of Weights and Measures shall adopt regulations, 674
808	808	in accordance with chapter 54, [incorporating, by reference, the 675
809	809	voluntary version of the Uniform Open Dating Regulation, as adopted 676
810	810	and as amended from time to time, by the National Conference on 677
811	811	Weights and Measures and published in the National Institute of 678
812	812	Standards and Technology Handbook 130, or subsequent 679
813	813	corresponding handbook of the United States Department of 680
814	814	Commerce] to prescribe uniform date labeling for foods. Dairy foods 681
815	815	required to be marked with a last sale date pursuant to section 22-197b 682
816	816	shall be exempt from the provisions of this section. 683
817	817	Sec. 17. Section 21a-2 of the general statutes is repealed and the 684
818	818	following is substituted in lieu thereof (Effective from passage): 685
819	819	(a) A toll-free telephone line, available to consumers throughout the 686
820	820	state, shall be established in the Department of Consumer Protection for 687
821	821	the handling of consumer inquiries and complaints concerning 688
822	822	consumer goods or services in the state or any other matter within the 689
823	823	jurisdiction of the department and its licensing and regulatory boards. 690
824	824	The line shall be in operation from 8:30 a.m. to 4:30 p.m. Monday 691
825	825	through Friday each week, exclusive of those legal holidays on which 692
826	826	state offices are closed, and shall be restricted to incoming calls. 693
827	827	(b) The Department of Consumer Protection shall process the intake 694
828	828	of consumer complaints concerning consumer goods or services in the 695
829	829	state and any other matter within the jurisdiction of the department. In 696
830	830	order to assist in the resolution of consumer complaints, the department 697
831	831	may notify, in writing, the respondent against whom a complaint was 698
832	832	received of the allegations against them and require a written response 699
833	833	be provided to the department not later than thirty days of receipt of 700
834	834	such notice. 701
835	835	(c) For purposes of this section, "credential holder" means a person 702
836	836	certified, licensed, permitted or registered with the Department of 703 Raised Bill No. 125
837	837
838	838
839	839
840	840	LCO No. 1315 24 of 51
841	841
842	842	Consumer Protection. In the event the department provides written 704
843	843	notice to a respondent who is not a credential holder that a complaint 705
844	844	has been filed against him or her, and said respondent fails to respond 706
845	845	after receipt of such notice, the respondent may be fined not more than 707
846	846	two hundred fifty dollars for failure to respond to the department. 708
847	847	Written notice for purposes of this section shall include notice sent by 709
848	848	registered or certified mail or hand-delivered to a respondent. 710
849	849	(d) All notices of administrative enforcement actions, including 711
850	850	compliance meetings and hearings, shall be in writing and shall comply 712
851	851	with the provisions of subsections (a) and (b) of section 4-177 and 713
852	852	subsection (c) of section 4-182, if applicable. A notice of administrative 714
853	853	enforcement action shall be delivered to all designated parties and 715
854	854	intervenors who are not credential holders, or their authorized 716
855	855	representative: (1) Personally, (2) by United States mail, with delivery 717
856	856	tracking or via certified mail, or (3) via electronic mail with tracking and 718
857	857	delivery confirmation. Delivery of administrative enforcement action 719
858	858	notices shall be deemed effective notice if delivered or sent to a 720
859	859	credential holder's last known address or electronic mail address of 721
860	860	record on file with the department. If the party is not a credential holder, 722
861	861	service shall be deemed sufficient, provided the department has made 723
862	862	reasonable efforts to effectuate notice, including, but not limited to, 724
863	863	verifying the mailing address with the Secretary of the State or the 725
864	864	Department of Motor Vehicles. 726
865	865	Sec. 18. Subsection (a) of section 21a-7 of the general statutes is 727
866	866	repealed and the following is substituted in lieu thereof (Effective from 728
867	867	passage): 729
868	868	(a) Each board or commission within the Department of Consumer 730
869	869	Protection under section 21a-6 shall have the following powers and 731
870	870	duties: 732
871	871	(1) Each board or commission shall exercise its statutory functions, 733
872	872	including licensing, certification, registration, accreditation of schools 734
873	873	and the rendering of findings, orders and adjudications. With the 735 Raised Bill No. 125
874	874
875	875
876	876
877	877	LCO No. 1315 25 of 51
878	878
879	879	exception of the Liquor Control Commission, any exercise of such 736
880	880	functions by such a board or commission that is adverse to a party shall 737
881	881	be a proposed decision and subject to approval, modification or 738
882	882	rejection by the commissioner. 739
883	883	(2) Each board or commission may, in its discretion, issue (A) an 740
884	884	appropriate order to any person found to be violating an applicable 741
885	885	statute or regulation providing for the immediate discontinuance of the 742
886	886	violation, (B) an order requiring the violator to make restitution for any 743
887	887	damage caused by the violation, or (C) both. Each board or commission 744
888	888	may, through the Attorney General, petition the superior court for the 745
889	889	judicial district wherein the violation occurred, or wherein the person 746
890	890	committing the violation resides or transacts business, for the 747
891	891	enforcement of any order issued by it and for appropriate temporary 748
892	892	relief or a restraining order and shall certify and file in the court a 749
893	893	transcript of the entire record of the hearing or hearings, including all 750
894	894	testimony upon which such order was made and the findings and 751
895	895	orders made by the board or commission. The court may grant such 752
896	896	relief by injunction or otherwise, including temporary relief, as it deems 753
897	897	equitable and may make and enter a decree enforcing, modifying and 754
898	898	enforcing as so modified, or setting aside, in whole or in part, any order 755
899	899	of a board or commission. 756
900	900	(3) Each board or commission may conduct hearings on any matter 757
901	901	within its statutory jurisdiction. Such hearings shall be conducted in 758
902	902	accordance with chapter 54 and the regulations established pursuant to 759
903	903	subsection (a) of section 21a-9. In connection with any such hearing, the 760
904	904	board or commission may administer oaths, issue subpoenas, compel 761
905	905	testimony and order the production of books, records and documents. 762
906	906	If any person refuses to appear, testify or produce any book, record or 763
907	907	document when so ordered, a judge of the Superior Court may make 764
908	908	such order as may be appropriate to aid in the enforcement of this 765
909	909	section. 766
910	910	(4) Each board or commission may request the Commissioner of 767
911	911	Consumer Protection to conduct an investigation and to make findings 768 Raised Bill No. 125
912	912
913	913
914	914
915	915	LCO No. 1315 26 of 51
916	916
917	917	and recommendations regarding any matter within the statutory 769
918	918	jurisdiction of the board or commission. 770
919	919	(5) Each board or commission may recommend rules and regulations 771
920	920	for adoption by the Commissioner of Consumer Protection and may 772
921	921	review and comment upon proposed rules and regulations prior to their 773
922	922	adoption by said commissioner. 774
923	923	(6) Each board or commission shall meet at least once in each quarter 775
924	924	of a calendar year and at such other times as the chairperson or the 776
925	925	Commissioner of Consumer Protection deems necessary. A majority of 777
926	926	the members shall constitute a quorum, except that for any examining 778
927	927	board, forty per cent of the members shall constitute a quorum. Any 779
928	928	member who fails to attend three consecutive meetings or who fails to 780
929	929	attend fifty per cent of all meetings during any calendar year shall be 781
930	930	deemed to have resigned from office. Members of boards or 782
931	931	commissions shall not serve for more than two consecutive full terms 783
932	932	which commence on or after July 1, 1982, except that if no successor has 784
933	933	been appointed or approved, such member shall continue to serve until 785
934	934	a successor is appointed or approved. Members shall not be 786
935	935	compensated for their services but shall be reimbursed for necessary 787
936	936	expenses incurred in the performance of their duties. 788
937	937	(7) In addition to any other action permitted under the general 789
938	938	statutes, each board or commission may, upon a finding of any cause 790
939	939	specified in subsection (c) of section 21a-9: (A) Revoke, place conditions 791
940	940	upon or suspend a license, registration or certificate; (B) issue a letter of 792
941	941	reprimand to a practitioner and send a copy of such letter to a 793
942	942	complainant or to a state or local official; (C) place a practitioner on 794
943	943	probationary status and require the practitioner to (i) report regularly to 795
944	944	the department, board or commission on the matter which is the basis 796
945	945	for probation, (ii) limit the practitioner's practice to areas prescribed by 797
946	946	the board or commission, or (iii) continue or renew the practitioner's 798
947	947	education until the practitioner has attained a satisfactory level of 799
948	948	competence in any area which is the basis for probation; or (D) impose 800
949	949	a fine not to exceed one thousand dollars per violation. Each board or 801 Raised Bill No. 125
950	950
951	951
952	952
953	953	LCO No. 1315 27 of 51
954	954
955	955	commission may discontinue, suspend or rescind any action taken 802
956	956	under this subsection. 803
957	957	(8) Each examining board within the Department of Consumer 804
958	958	Protection or the Commissioner of Consumer Protection shall conduct 805
959	959	any hearing or other action required for an application submitted 806
960	960	pursuant to section 20-333 and any completed renewal application 807
961	961	submitted pursuant to section 20-335 not later than (A) thirty days after 808
962	962	the date of submission for such application or completed renewal 809
963	963	application, as applicable, or (B) a period of time deemed appropriate 810
964	964	by the Commissioner of Consumer Protection, but not to exceed sixty 811
965	965	days after such date of submission. 812
966	966	Sec. 19. Subsection (c) of section 21a-8 of the 2020 supplement to the 813
967	967	general statutes is repealed and the following is substituted in lieu 814
968	968	thereof (Effective from passage): 815
969	969	(c) The Commissioner of Consumer Protection shall have the 816
970	970	following powers and duties with regard to each board or commission 817
971	971	within the Department of Consumer Protection under section 21a-6: 818
972	972	(1) The commissioner shall, in consultation with each board or 819
973	973	commission, exercise the functions of licensing, certification, 820
974	974	registration, accreditation of schools and the rendering of findings, 821
975	975	orders and adjudications. 822
976	976	(2) The commissioner may, in the commissioner's discretion, issue an 823
977	977	appropriate order to any person found to be violating any statute or 824
978	978	regulation within the jurisdiction of such board or commission 825
979	979	providing for the immediate discontinuance of the violation or 826
980	980	requiring the violator to make restitution for any damage caused by the 827
981	981	violation, or both. The commissioner may, through the Attorney 828
982	982	General, petition the superior court for the judicial district in which the 829
983	983	violation occurred, or in which the person committing the violation 830
984	984	resides or transacts business, for the enforcement of any order issued by 831
985	985	the commissioner under this subdivision and for appropriate temporary 832
986	986	relief or a restraining order. The commissioner shall certify and file in 833 Raised Bill No. 125
987	987
988	988
989	989
990	990	LCO No. 1315 28 of 51
991	991
992	992	the court a transcript of the entire record of the hearing or hearings, 834
993	993	including all testimony upon which such order was made and the 835
994	994	findings and orders made by the commissioner. The court may grant 836
995	995	such relief by injunction or otherwise, including temporary relief, as the 837
996	996	court deems equitable and may make and enter a decree enforcing, 838
997	997	modifying and enforcing as so modified, or setting aside, in whole or in 839
998	998	part, any order of the commissioner issued under this subdivision. 840
999	999	(3) The commissioner may conduct hearings on any matter within the 841
1000	1000	statutory jurisdiction of such board or commission. Such hearings shall 842
1001	1001	be conducted in accordance with chapter 54 and the regulations adopted 843
1002	1002	pursuant to subsection (a) of section 21a-9. In connection with any such 844
1003	1003	hearing, the commissioner may administer oaths, issue subpoenas, 845
1004	1004	compel testimony and order the production of books, records and 846
1005	1005	documents. If any person refuses to appear, testify or produce any book, 847
1006	1006	record or document when so ordered, a judge of the Superior Court may 848
1007	1007	make such order as may be appropriate to aid in the enforcement of this 849
1008	1008	subdivision. 850
1009	1009	(4) In addition to any other action permitted under the general 851
1010	1010	statutes, the commissioner may, upon a finding of any cause specified 852
1011	1011	in subsection (c) of section 21a-9: (A) Revoke, place conditions upon or 853
1012	1012	suspend a license, registration or certificate; (B) issue a letter of 854
1013	1013	reprimand to a practitioner and send a copy of such letter to a 855
1014	1014	complainant or to a state or local official; (C) place a practitioner on 856
1015	1015	probationary status and require the practitioner to (i) report regularly to 857
1016	1016	the commissioner on the matter which is the basis for probation, (ii) limit 858
1017	1017	the practitioner's practice to areas prescribed by the commissioner, or 859
1018	1018	(iii) continue or renew the practitioner's education until the practitioner 860
1019	1019	has attained a satisfactory level of competence in any area which is the 861
1020	1020	basis for probation; or (D) impose a fine of not greater than one 862
1021	1021	thousand dollars per violation. The commissioner may discontinue, 863
1022	1022	suspend or rescind any action taken under this subdivision. If a license, 864
1023	1023	registration or certificate is voluntarily surrendered or is not renewed, 865
1024	1024	the commissioner shall not be prohibited from suspending, revoking or 866
1025	1025	imposing other penalties permitted by law on any such license, 867 Raised Bill No. 125
1026	1026
1027	1027
1028	1028
1029	1029	LCO No. 1315 29 of 51
1030	1030
1031	1031	registration or certificate. 868
1032	1032	Sec. 20. Section 21a-10 of the general statutes is repealed and the 869
1033	1033	following is substituted in lieu thereof (Effective October 1, 2020): 870
1034	1034	(a) The Commissioner of Consumer Protection may establish, 871
1035	1035	combine or abolish divisions, sections or other units within the 872
1036	1036	Department of Consumer Protection and allocate powers, duties and 873
1037	1037	functions among such units, but no function vested by statute in any 874
1038	1038	officer, division, board, agency or other unit within the department shall 875
1039	1039	be removed from the jurisdiction of such officer, division, board, agency 876
1040	1040	or other unit under the provisions of this section. 877
1041	1041	(b) The Commissioner of Consumer Protection shall adopt 878
1042	1042	regulations, in accordance with chapter 54, to designate a staggered 879
1043	1043	schedule for the renewal of all licenses, certificates, registrations and 880
1044	1044	permits issued by said department. If such designation of a staggered 881
1045	1045	schedule results in the expiration of any license, certificate, registration 882
1046	1046	or permit for a period of less than or more than one year, said 883
1047	1047	commissioner may charge a prorated amount for such license, 884
1048	1048	certificate, registration or permit. For any new license, certificate, 885
1049	1049	registration or permit that is issued and for any guaranty fund fee that 886
1050	1050	is imposed on or after January 1, 1995, the commissioner may charge a 887
1051	1051	one-time prorated amount for such newly issued license, certificate, 888
1052	1052	registration, permit or guaranty fund fee. 889
1053	1053	(c) For any Department of Consumer Protection license, certificate, 890
1054	1054	registration or permit that requires the credential holder to complete 891
1055	1055	continuing education requirements, the continuing education 892
1056	1056	requirements shall be completed within the annual or biannual period 893
1057	1057	that begins and ends three months prior to the renewal date for the 894
1058	1058	applicable credential. 895
1059	1059	Sec. 21. Subsection (c) of section 21a-11 of the general statutes is 896
1060	1060	repealed and the following is substituted in lieu thereof (Effective from 897
1061	1061	passage): 898 Raised Bill No. 125
1062	1062
1063	1063
1064	1064
1065	1065	LCO No. 1315 30 of 51
1066	1066
1067	1067	(c) The commissioner may, subject to the provisions of chapter 54, 899
1068	1068	revoke, suspend, [or] place conditions upon, deny or impose a fine of 900
1069	1069	not greater than one thousand dollars per violation with regard to any 901
1070	1070	license or registration issued by the department in the event that such 902
1071	1071	licensee or registrant, including, but not limited to, an owner of any 903
1072	1072	business entity holding such license or registration, owes moneys to any 904
1073	1073	guaranty fund or account maintained or used by the department, 905
1074	1074	including, but not limited to, the Home Improvement Guaranty Fund 906
1075	1075	established pursuant to section 20-432, the New Home Construction 907
1076	1076	Guaranty Fund established pursuant to section 20-417i, the Connecticut 908
1077	1077	Health Club Guaranty Fund established pursuant to section 21a-226, the 909
1078	1078	Real Estate Guaranty Fund established pursuant to section 20-324a and 910
1079	1079	the privacy protection guaranty and enforcement account established 911
1080	1080	pursuant to section 42-472a. 912
1081	1081	Sec. 22. Subsection (b) of section 51-164n of the 2020 supplement to 913
1082	1082	the general statutes is repealed and the following is substituted in lieu 914
1083	1083	thereof (Effective from passage): 915
1084	1084	(b) Notwithstanding any provision of the general statutes, any person 916
1085	1085	who is alleged to have committed (1) a violation under the provisions of 917
1086	1086	section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7-918
1087	1087	393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-919
1088	1088	251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, subdivision (4) 920
1089	1089	of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-921
1090	1090	435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 922
1091	1091	13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247 or 13a-923
1092	1092	253, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-292, 924
1093	1093	13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, subsection 925
1094	1094	(a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section 926
1095	1095	14-12, section 14-20a or 14-27a, subsection (f) of section 14-34a, 927
1096	1096	subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58, 928
1097	1097	subsection (b) of section 14-66, section 14-66a or 14-67a, subsection (g) 929
1098	1098	of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, 930
1099	1099	14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first 931
1100	1100	violation as specified in subsection (f) of section 14-164i, section 14-219 932 Raised Bill No. 125
1101	1101
1102	1102
1103	1103
1104	1104	LCO No. 1315 31 of 51
1105	1105
1106	1106	as specified in subsection (e) of said section, subdivision (1) of section 933
1107	1107	14-223a, section 14-240, 14-250 or 14-253a, subsection (a) of section 14-934
1108	1108	261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278 or 935
1109	1109	14-279, subsection (e) or (h) of section 14-283, section 14-291, 14-293b, 14-936
1110	1110	296aa, 14-300, 14-300d, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or 937
1111	1111	14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-25 or 15-938
1112	1112	33, subdivision (1) of section 15-97, subsection (a) of section 15-115, 939
1113	1113	section 16-44, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section 940
1114	1114	16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17b-124, 17b-941
1115	1115	131, 17b-137, 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section 942
1116	1116	19a-87a, section 19a-91, 19a-105, 19a-107, 19a-113, 19a-215, 19a-219, 19a-943
1117	1117	222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-944
1118	1118	336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-945
1119	1119	231, 20-249, 20-257, 20-265, 20-324e, subsection (b) of section 20-334, 20-946
1120	1120	341l, 20-366, 20-597, 20-608, 20-610, 21-1, 21-38, 21-39, 21-43, 21-47, 21-48, 947
1121	1121	21-63 or 21-76a, subsection (c) of section 21a-2, as amended by this act, 948
1122	1122	subdivision (1) of section 21a-19, section 21a-21, subdivision (1) of 949
1123	1123	subsection (b) of section 21a-25, section 21a-26 or 21a-30, subsection (a) 950
1124	1124	of section 21a-37, section 21a-46, 21a-61, 21a-63 or 21a-77, subsection (b) 951
1125	1125	of section 21a-79, section 21a-85 or 21a-154, subdivision (1) of subsection 952
1126	1126	(a) of section 21a-159, subsection (a) of section 21a-279a, section 22-12b, 953
1127	1127	22-13, 22-14, 22-15, 22-16, 22-26g, 22-29, 22-34, 22-35, 22-36, 22-38, 22-39, 954
1128	1128	22-39a, 22-39b, 22-39c, 22-39d, 22-39e, 22-49 or 22-54, subsection (f) of 955
1129	1129	section 22-61m, subsection (d) of section 22-84, section 22-89, 22-90, 22-956
1130	1130	98, 22-99, 22-100, 22-111o, 22-167, 22-279, 22-280a, 22-318a, 22-320h, 22-957
1131	1131	324a, 22-326 or 22-342, subsection (b), (e) or (f) of section 22-344, section 958
1132	1132	22-359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, 959
1133	1133	subsection (a) of section 22a-250, subsection (e) of section 22a-256h, 960
1134	1134	section 22a-363 or 22a-381d, subsections (c) and (d) of section 22a-381e, 961
1135	1135	section 22a-449, 22a-461, 23-38, 23-46 or 23-61b, subsection (a) or 962
1136	1136	subdivision (1) of subsection (c) of section 23-65, section 25-37 or 25-40, 963
1137	1137	subsection (a) of section 25-43, section 25-43d, 25-135, 26-18, 26-19, 26-964
1138	1138	21, 26-31, 26-40, 26-40a, 26-42, 26-49, 26-54, 26-55, 26-56, 26-58 or 26-59, 965
1139	1139	subdivision (1) of subsection (d) of section 26-61, section 26-64, 966
1140	1140	subdivision (1) of section 26-76, section 26-79, 26-87, 26-89, 26-91, 26-94, 967 Raised Bill No. 125
1141	1141
1142	1142
1143	1143
1144	1144	LCO No. 1315 32 of 51
1145	1145
1146	1146	26-97, 26-98, 26-104, 26-105, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138 968
1147	1147	or 26-141, subdivision (1) of section 26-186, section 26-207, 26-215, 26-969
1148	1148	217 or 26-224a, subdivision (1) of section 26-226, section 26-227, 26-230, 970
1149	1149	26-232, 26-244, 26-257a, 26-260, 26-276, 26-284, 26-285, 26-286, 26-288, 26-971
1150	1150	294, 28-13, 29-6a, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), 972
1151	1151	(e) or (g) of section 29-161q, section 29-161y or 29-161z, subdivision (1) 973
1152	1152	of section 29-198, section 29-210, 29-243 or 29-277, subsection (c) of 974
1153	1153	section 29-291c, section 29-316, 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-975
1154	1154	10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-976
1155	1155	32, 31-36, 31-38, 31-40, 31-44, 31-47, 31-48, 31-51, 31-52, 31-52a or 31-54, 977
1156	1156	subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 978
1157	1157	31-76a, 31-89b or 31-134, subsection (i) of section 31-273, section 31-288, 979
1158	1158	subdivision (1) of section 35-20, section 36a-787, 42-230, 45a-283, 45a-980
1159	1159	450, 45a-634 or 45a-658, subdivision (13) or (14) of section 46a-54, section 981
1160	1160	46a-59, 46b-22, 46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-133, 53-199, 982
1161	1161	53-212a, 53-249a, 53-252, 53-264, 53-280, 53-302a, 53-303e, 53-311a, 53-983
1162	1162	321, 53-322, 53-323, 53-331 or 53-344, subsection (c) of section 53-344b, or 984
1163	1163	section 53-450, or (2) a violation under the provisions of chapter 268, or 985
1164	1164	(3) a violation of any regulation adopted in accordance with the 986
1165	1165	provisions of section 12-484, 12-487 or 13b-410, or (4) a violation of any 987
1166	1166	ordinance, regulation or bylaw of any town, city or borough, except 988
1167	1167	violations of building codes and the health code, for which the penalty 989
1168	1168	exceeds ninety dollars but does not exceed two hundred fifty dollars, 990
1169	1169	unless such town, city or borough has established a payment and 991
1170	1170	hearing procedure for such violation pursuant to section 7-152c, shall 992
1171	1171	follow the procedures set forth in this section. 993
1172	1172	Sec. 23. Section 20-672 of the general statutes is repealed and the 994
1173	1173	following is substituted in lieu thereof (Effective from passage): 995
1174	1174	(a) Any person seeking a certificate of registration as a homemaker-996
1175	1175	companion agency shall apply to the Commissioner of Consumer 997
1176	1176	Protection, in writing, on a form provided by the commissioner. The 998
1177	1177	application shall include the applicant's name, residence address, 999
1178	1178	business address, business telephone number and such other 1000
1179	1179	information as the commissioner may require. An applicant shall also 1001 Raised Bill No. 125
1180	1180
1181	1181
1182	1182
1183	1183	LCO No. 1315 33 of 51
1184	1184
1185	1185	be required to submit to state and national criminal history records 1002
1186	1186	checks in accordance with section 29-17a and to certify under oath to the 1003
1187	1187	commissioner that: (1) Such agency complies with the requirements of 1004
1188	1188	section 20-678, as amended by this act, concerning employee 1005
1189	1189	comprehensive background checks, (2) such agency provides all 1006
1190	1190	persons receiving homemaker or companion services with a written 1007
1191	1191	individualized contract or service plan that specifically identifies the 1008
1192	1192	anticipated scope, type, frequency and duration of homemaker or 1009
1193	1193	companion services provided by the agency to the person, (3) such 1010
1194	1194	agency maintains a surety bond or an insurance policy in an amount of 1011
1195	1195	not less than ten thousand dollars coverage, which coverage shall 1012
1196	1196	include theft by an employee of such agency from a person for whom 1013
1197	1197	homemaker or companion services are provided by the agency, and (4) 1014
1198	1198	all records maintained by such agency shall be open, at all reasonable 1015
1199	1199	hours, for inspection, copying or audit by the commissioner. 1016
1200	1200	(b) Each application for a certificate of registration as a homemaker-1017
1201	1201	companion agency shall be accompanied by a fee of three [seventy-five] 1018
1202	1202	hundred seventy-five dollars. 1019
1203	1203	(c) Upon the failure by a homemaker-companion agency to comply 1020
1204	1204	with the registration provisions of this section, the Attorney General, at 1021
1205	1205	the request of the Commissioner of Consumer Protection, is authorized 1022
1206	1206	to apply in the name of the state of Connecticut to the Superior Court 1023
1207	1207	for an order temporarily or permanently restraining and enjoining a 1024
1208	1208	homemaker-companion agency from continuing to do business in the 1025
1209	1209	state. 1026
1210	1210	Sec. 24. Section 20-677 of the general statutes is repealed and the 1027
1211	1211	following is substituted in lieu thereof (Effective from passage): 1028
1212	1212	(a) Each person obtaining a homemaker -companion agency 1029
1213	1213	certificate of registration shall: (1) Exhibit the agency's certificate of 1030
1214	1214	registration upon request by any interested party, (2) state in any 1031
1215	1215	advertisement the fact that the agency is registered, and (3) include the 1032
1216	1216	agency's registration number in any advertisement. 1033 Raised Bill No. 125
1217	1217
1218	1218
1219	1219
1220	1220	LCO No. 1315 34 of 51
1221	1221
1222	1222	(b) No person shall: (1) Present or attempt to present, as such person's 1034
1223	1223	own, the certificate of another, (2) knowingly give false evidence of a 1035
1224	1224	material nature to the Commissioner of Consumer Protection for the 1036
1225	1225	purpose of procuring a certificate, (3) represent himself or herself falsely 1037
1226	1226	as, or impersonate, a registered homemaker-companion agency, (4) use 1038
1227	1227	or attempt to use a certificate which has expired or which has been 1039
1228	1228	suspended or revoked, (5) offer or provide homemaker or companion 1040
1229	1229	services without having a current certificate of registration under the 1041
1230	1230	provisions of sections 20-670 to 20-680, inclusive, or (6) represent in any 1042
1231	1231	manner that such person's registration constitutes an endorsement by 1043
1232	1232	the commissioner of the quality of services provided by such person. 1044
1233	1233	(c) In addition to any other remedy provided for in sections 20-670 to 1045
1234	1234	20-676, inclusive, any person who violates any provision of subsection 1046
1235	1235	(b) of this section shall be fined not more than one thousand dollars or 1047
1236	1236	imprisoned not more than six months, or both. 1048
1237	1237	(d) Certificates issued to a homemaker-companion agency shall not 1049
1238	1238	be transferable or assignable. 1050
1239	1239	(e) All certificates issued under the provisions of sections 20-670 to 1051
1240	1240	20-680, inclusive, shall expire annually. The fee for renewal of a 1052
1241	1241	certificate shall be the same as the fee charged for an original application 1053
1242	1242	pursuant to section 20-672, as amended by this act. Fees collected 1054
1243	1243	pursuant to the issuance of a certificate or renewal of a certificate shall 1055
1244	1244	be deposited in the General Fund. 1056
1245	1245	(f) Failure to receive a notice of expiration of registration or a renewal 1057
1246	1246	application shall not exempt a homemaker-companion agency from the 1058
1247	1247	obligation to renew. 1059
1248	1248	(g) (1) On or after July 1, 2020, no homemaker-companion agency 1060
1249	1249	applying for a new registration shall include in its business name any 1061
1250	1250	words that indicate or suggest that such agency provides any services 1062
1251	1251	beyond the scope of what is allowed pursuant to this chapter, including, 1063
1252	1252	but not limited to, words relating to medical or health care licensure or 1064
1253	1253	services, and (2) no homemaker-companion agency shall include in its 1065 Raised Bill No. 125
1254	1254
1255	1255
1256	1256
1257	1257	LCO No. 1315 35 of 51
1258	1258
1259	1259	advertising any words that indicate or suggest that such agency 1066
1260	1260	provides any services beyond the scope of what is allowed in this 1067
1261	1261	chapter including, but not limited to, words relating to medical or health 1068
1262	1262	care licensure or services. 1069
1263	1263	Sec. 25. (NEW) (Effective from passage) (a) No person, other than an 1070
1264	1264	immediate family member, who has an ownership interest in or who is 1071
1265	1265	a corporate officer of a homemaker-companion agency, or any employee 1072
1266	1266	or agent thereof, shall act as an agent under a power of attorney for any 1073
1267	1267	person contracted with such agency to receive homemaker or 1074
1268	1268	companion services. For purposes of this subsection, "immediate family 1075
1269	1269	member" means a parent, sibling, child by blood, adoption or marriage, 1076
1270	1270	spouse, grandparent or grandchild. 1077
1271	1271	(b) A person receiving homemaker or companion services may 1078
1272	1272	petition the Commissioner of Consumer Protection for an exception to 1079
1273	1273	the prohibition provided in subsection (a) of this section, which petition 1080
1274	1274	may be granted by the commissioner for good cause. 1081
1275	1275	Sec. 26. Section 20-330 of the 2020 supplement to the general statutes 1082
1276	1276	is repealed and the following is substituted in lieu thereof (Effective from 1083
1277	1277	passage): 1084
1278	1278	As used in this chapter: 1085
1279	1279	(1) "Contractor" means any person regularly offering to the general 1086
1280	1280	public services of such person or such person's employees in the field of 1087
1281	1281	electrical work, plumbing and piping work, solar work, heating, piping, 1088
1282	1282	cooling and sheet metal work, fire protection sprinkler systems work, 1089
1283	1283	elevator installation, repair and maintenance work, irrigation work, 1090
1284	1284	automotive glass work or flat glass work, as defined in this section; 1091
1285	1285	(2) "Electrical work" means the installation, erection, maintenance, 1092
1286	1286	inspection, testing, alteration or repair of any wire, cable, conduit, 1093
1287	1287	busway, raceway, support, insulator, conductor, appliance, apparatus, 1094
1288	1288	fixture or equipment that generates, transforms, transmits or uses 1095
1289	1289	electrical energy for light, heat, power or other purposes, but does not 1096 Raised Bill No. 125
1290	1290
1291	1291
1292	1292
1293	1293	LCO No. 1315 36 of 51
1294	1294
1295	1295	include low voltage wiring, not exceeding twenty-four volts, used 1097
1296	1296	within a lawn sprinkler system; 1098
1297	1297	(3) "Plumbing and piping work" means the installation, repair, 1099
1298	1298	replacement, alteration, maintenance, inspection or testing of gas, water 1100
1299	1299	and associated fixtures, tubing and piping mains and branch lines up to 1101
1300	1300	and including the closest valve to a machine or equipment used in the 1102
1301	1301	manufacturing process, laboratory equipment, sanitary equipment, 1103
1302	1302	other than subsurface sewage disposal systems, fire prevention 1104
1303	1303	apparatus, all water systems for human usage, sewage treatment 1105
1304	1304	facilities and all associated fittings within a building and includes lateral 1106
1305	1305	storm and sanitary lines from buildings to the mains, process piping, 1107
1306	1306	swimming pools and pumping equipment, and includes making 1108
1307	1307	connections to back flow prevention devices, and includes low voltage 1109
1308	1308	wiring, not exceeding twenty-four volts, used within a lawn sprinkler 1110
1309	1309	system, but does not include (A) solar thermal work performed 1111
1310	1310	pursuant to a certificate held as provided in section 20-334g, except for 1112
1311	1311	the repair of those portions of a solar hot water heating system that 1113
1312	1312	include the basic domestic hot water tank and the tie-in to the potable 1114
1313	1313	water system, (B) the installation, repair, replacement, alteration, 1115
1314	1314	maintenance, inspection or testing of fire prevention apparatus within a 1116
1315	1315	structure, except for standpipes that are not connected to sprinkler 1117
1316	1316	systems, (C) medical gas and vacuum systems work, and (D) millwright 1118
1317	1317	work. For the purposes of this subdivision, "process piping" means 1119
1318	1318	piping or tubing that conveys liquid or gas that is used directly in the 1120
1319	1319	production of a chemical or a product for human consumption; 1121
1320	1320	(4) "Solar thermal work" means the installation, erection, repair, 1122
1321	1321	replacement, alteration, maintenance, inspection or testing of active, 1123
1322	1322	passive and hybrid solar systems that directly convert ambient energy 1124
1323	1323	into heat or convey, store or distribute such ambient energy; 1125
1324	1324	(5) "Heating, piping and cooling work" means (A) the installation, 1126
1325	1325	repair, replacement, maintenance, inspection, testing or alteration of 1127
1326	1326	any apparatus for piping, appliances, devices or accessories for heating 1128
1327	1327	systems, including sheet metal work, (B) the installation, repair, 1129 Raised Bill No. 125
1328	1328
1329	1329
1330	1330
1331	1331	LCO No. 1315 37 of 51
1332	1332
1333	1333	replacement, maintenance, inspection, testing or alteration of air 1130
1334	1334	conditioning and refrigeration systems, boilers, including apparatus 1131
1335	1335	and piping for the generation or conveyance of steam and associated 1132
1336	1336	pumping equipment and process piping and the installation of tubing 1133
1337	1337	and piping mains and branch lines up to and including the closest valve 1134
1338	1338	to a machine or equipment used in the manufacturing process and 1135
1339	1339	onsite testing and balancing of hydronic, steam and combustion air, but 1136
1340	1340	excluding millwright work, and (C) on-site operation, by manipulating, 1137
1341	1341	adjusting or controlling, with sufficient technical knowledge, as 1138
1342	1342	determined by the commissioner, (i) heating systems with a steam or 1139
1343	1343	water boiler maximum operating pressure of fifteen pounds per square 1140
1344	1344	inch gauge or greater, or (ii) air conditioning or refrigeration systems 1141
1345	1345	with an aggregate of more than fifty horsepower or kilowatt 1142
1346	1346	equivalency of fifty horsepower or of two hundred pounds of 1143
1347	1347	refrigerant. Heating, piping and cooling work does not include solar 1144
1348	1348	thermal work performed pursuant to a certificate held as provided in 1145
1349	1349	section 20-334g, or medical gas and vacuum systems work or the passive 1146
1350	1350	monitoring of heating, air conditioning or refrigeration systems. For the 1147
1351	1351	purposes of this subdivision, "process piping" means piping or tubing 1148
1352	1352	that conveys liquid or gas that is used directly in the production of a 1149
1353	1353	chemical or a product for human consumption; 1150
1354	1354	(6) "Apprentice" means any person registered with the Labor 1151
1355	1355	Department for the purpose of learning a skilled trade; 1152
1356	1356	(7) "Elevator installation, repair and maintenance work" means the 1153
1357	1357	installation, erection, maintenance, inspection, testing and repair of all 1154
1358	1358	types of elevators, dumb waiters, escalators, and moving walks and all 1155
1359	1359	mechanical equipment, fittings, associated piping and wiring from a 1156
1360	1360	source of supply brought to the equipment room by an unlimited 1157
1361	1361	electrical contractor for all types of machines used to hoist or convey 1158
1362	1362	persons or materials, but does not include temporary hoisting machines 1159
1363	1363	used for hoisting materials in connection with any construction job or 1160
1364	1364	project, provided "elevator inspection" includes the visual examination 1161
1365	1365	of an elevator system or portion of a system, with or without the 1162
1366	1366	disassembly or removal of component parts; 1163 Raised Bill No. 125
1367	1367
1368	1368
1369	1369
1370	1370	LCO No. 1315 38 of 51
1371	1371
1372	1372	(8) "Elevator maintenance" means the lubrication, inspection, testing 1164
1373	1373	and replacement of controls, hoistway and car parts; 1165
1374	1374	(9) "Fire protection sprinkler systems work" means the layout, on-site 1166
1375	1375	fabrication, installation, alteration, maintenance, inspection, testing or 1167
1376	1376	repair of any automatic or manual sprinkler system designed for the 1168
1377	1377	protection of the interior or exterior of a building or structure from fire, 1169
1378	1378	or any piping or tubing and appurtenances and equipment pertaining 1170
1379	1379	to such system including overhead and underground water mains, fire 1171
1380	1380	hydrants and hydrant mains, standpipes and hose connections to 1172
1381	1381	sprinkler systems, sprinkler tank heaters excluding electrical wiring, air 1173
1382	1382	lines and thermal systems used in connection with sprinkler and alarm 1174
1383	1383	systems connected thereto, foam extinguishing systems or special 1175
1384	1384	hazard systems including water spray, foam, carbon dioxide or dry 1176
1385	1385	chemical systems, halon and other liquid or gas fire suppression 1177
1386	1386	systems, but does not include (A) any engineering design work 1178
1387	1387	connected with the layout of fire protection sprinkler systems, or (B) any 1179
1388	1388	work performed by employees of or contractors hired by a public water 1180
1389	1389	system, as defined in subsection (a) of section 25-33d; 1181
1390	1390	(10) "State Fire Marshal" means the State Fire Marshal appointed by 1182
1391	1391	the Commissioner of Administrative Services; 1183
1392	1392	(11) "Journeyman sprinkler fitter" means a specialized pipe fitter 1184
1393	1393	craftsman, experienced and skilled in the installation, alteration, 1185
1394	1394	maintenance and repair of fire protection sprinkler systems; 1186
1395	1395	(12) "Irrigation work" means making the connections to and the 1187
1396	1396	inspection and testing of back flow prevention devices, and low voltage 1188
1397	1397	wiring, not exceeding twenty-four volts, used within a lawn sprinkler 1189
1398	1398	system; 1190
1399	1399	(13) "Sheet metal work" means the onsite layout, installation, erection, 1191
1400	1400	replacement, repair or alteration, including, but not limited to, onsite 1192
1401	1401	testing and balancing of related life safety components, environmental 1193
1402	1402	air, heating, ventilating and air conditioning systems by manipulating, 1194
1403	1403	adjusting or controlling such systems for optimum balance performance 1195 Raised Bill No. 125
1404	1404
1405	1405
1406	1406
1407	1407	LCO No. 1315 39 of 51
1408	1408
1409	1409	of any duct work system, ferrous, nonferrous or other material for 1196
1410	1410	ductwork systems, components, devices, air louvers or accessories, in 1197
1411	1411	accordance with the State Building Code; 1198
1412	1412	(14) "Journeyman sheet metal worker" means an experienced 1199
1413	1413	craftsman skilled in the installation, erection, replacement, repair or 1200
1414	1414	alteration of duct work systems, both ferrous and nonferrous; 1201
1415	1415	(15) "Automotive glass work" means installing, maintaining or 1202
1416	1416	repairing fixed glass in motor vehicles; 1203
1417	1417	(16) "Flat glass work" means installing, maintaining or repairing glass 1204
1418	1418	in residential or commercial structures; 1205
1419	1419	(17) "Medical gas and vacuum systems work" means the work and 1206
1420	1420	practice, materials, instrumentation and fixtures used in the 1207
1421	1421	construction, installation, alteration, extension, removal, repair, 1208
1422	1422	maintenance, inspection, testing or renovation of gas and vacuum 1209
1423	1423	systems and equipment used solely to transport gases for medical 1210
1424	1424	purposes and to remove liquids, air-gases or solids from such systems; 1211
1425	1425	(18) "Solar electricity work" means the installation, erection, repair, 1212
1426	1426	replacement, alteration, maintenance, inspection and testing of 1213
1427	1427	photovoltaic or wind generation equipment used to distribute or store 1214
1428	1428	ambient energy for heat, light, power or other purposes to a point 1215
1429	1429	immediately inside any structure or adjacent to an end use; 1216
1430	1430	(19) "Active solar system" means a system that uses an external source 1217
1431	1431	of energy to power a motor-driven fan or pump to force the circulation 1218
1432	1432	of a fluid through solar heat collectors and which removes the sun's heat 1219
1433	1433	from the collectors and transports such heat to a location where it may 1220
1434	1434	be used or stored; 1221
1435	1435	(20) "Passive solar system" means a system that is capable of 1222
1436	1436	collecting or storing the sun's energy as heat without the use of a motor-1223
1437	1437	driven fan or pump; 1224
1438	1438	(21) "Hybrid solar system" means a system that contains components 1225 Raised Bill No. 125
1439	1439
1440	1440
1441	1441
1442	1442	LCO No. 1315 40 of 51
1443	1443
1444	1444	of both an active solar system and a passive solar system; 1226
1445	1445	(22) "Gas hearth product work" means the installation, service, 1227
1446	1446	inspection, testing or repair of a propane or natural gas fired fireplace, 1228
1447	1447	fireplace insert, stove or log set and associated venting and piping that 1229
1448	1448	simulates a flame of a solid fuel fire. "Gas hearth product work" does 1230
1449	1449	not include (A) fuel piping work, (B) the servicing of fuel piping, or (C) 1231
1450	1450	work associated with pressure regulating devices, except for appliances 1232
1451	1451	gas valves; 1233
1452	1452	(23) "Millwright work" means the installation, repair, replacement, 1234
1453	1453	maintenance or alteration, including the inspection and testing, of (A) 1235
1454	1454	power generation machinery, or (B) industrial machinery, including the 1236
1455	1455	related interconnection of piping and tubing used in the manufacturing 1237
1456	1456	process, but does not include the performance of any action for which 1238
1457	1457	licensure is required under this chapter; 1239
1458	1458	(24) "Inspection" means the examination of a system or portion of a 1240
1459	1459	system, involving the disassembly or removal of component parts of the 1241
1460	1460	system; [and] 1242
1461	1461	(25) "Testing" means to determine the status of a system as intended 1243
1462	1462	for its use, with or without the disassembly of component parts of the 1244
1463	1463	system, by the use of testing and measurement instruments; [.] 1245
1464	1464	(26) "Owner" means a person who owns or resides in a private 1246
1465	1465	residence and includes any agent thereof, including, but not limited to, 1247
1466	1466	a condominium association. An owner of a private residence shall not 1248
1467	1467	be required to reside in such residence to be deemed an owner under 1249
1468	1468	this subdivision; 1250
1469	1469	(27) "Person" means an individual, partnership, limited liability 1251
1470	1470	company or corporation; and 1252
1471	1471	(28) "Residential property" means a single family dwelling, a 1253
1472	1472	multifamily dwelling consisting of not more than six units, or a unit, 1254
1473	1473	common element or limited common element in a condominium, as 1255 Raised Bill No. 125
1474	1474
1475	1475
1476	1476
1477	1477	LCO No. 1315 41 of 51
1478	1478
1479	1479	defined in section 47-68a, or in a common interest community, as 1256
1480	1480	defined in section 47-202, or any number of condominium units for 1257
1481	1481	which a condominium association acts as an agent for such unit owners. 1258
1482	1482	Sec. 27. (NEW) (Effective January 1, 2021) (a) No contract to perform 1259
1483	1483	work by a contractor licensed pursuant to chapter 393 of the general 1260
1484	1484	statutes and any person who owns or controls a business engaged to 1261
1485	1485	provide the work or services licensed under the provisions of said 1262
1486	1486	chapter by persons licensed for such work shall be valid or enforceable 1263
1487	1487	against an owner unless it: (1) Is in writing; (2) is signed by the owner 1264
1488	1488	and the contractor or business; (3) contains the entire agreement 1265
1489	1489	between the owner and the contractor or business; (4) contains the date 1266
1490	1490	of the transaction; (5) contains the name and address of the contractor 1267
1491	1491	and the contractor's license number or, in the case of a business, the 1268
1492	1492	name of the business owner, partner or limited liability member, and 1269
1493	1493	the phone number, and address of the business, partnership or limited 1270
1494	1494	liability company; (6) contains the name and license number of the 1271
1495	1495	licensees performing the work; (7) contains a notice of the owner's 1272
1496	1496	cancellation rights in accordance with the provisions of chapter 740 of 1273
1497	1497	the general statutes; and (8) contains a starting date and completion 1274
1498	1498	date. 1275
1499	1499	(b) Each change in the terms and conditions of a contract specified in 1276
1500	1500	subsection (a) of this section shall be in writing and shall be signed by 1277
1501	1501	the owner and contractor or business, except that the commissioner 1278
1502	1502	may, by regulations adopted pursuant to chapter 54 of the general 1279
1503	1503	statutes, dispense with the necessity for complying with such 1280
1504	1504	requirement. 1281
1505	1505	Sec. 28. Subsection (a) of section 20-306 of the general statutes is 1282
1506	1506	repealed and the following is substituted in lieu thereof (Effective from 1283
1507	1507	passage): 1284
1508	1508	(a) (1) The Department of Consumer Protection shall notify each 1285
1509	1509	person licensed under this chapter of the date of the expiration of such 1286
1510	1510	license and the amount of the fee required for its renewal for one year. 1287 Raised Bill No. 125
1511	1511
1512	1512
1513	1513
1514	1514	LCO No. 1315 42 of 51
1515	1515
1516	1516	Such license renewals shall be accompanied by the payment of the 1288
1517	1517	professional services fee for class G, as defined in section 33-182l, in the 1289
1518	1518	case of a professional engineer license, a professional engineer and land 1290
1519	1519	surveyor combined license, or a land surveyor license. The license shall 1291
1520	1520	be considered lapsed if not renewed [within thirty days following the 1292
1521	1521	normal] on or before the expiration date. 1293
1522	1522	(2) Annual renewal of an engineer-in-training license or a surveyor-1294
1523	1523	in-training license shall not be required. Any such license shall remain 1295
1524	1524	valid for a period of ten years from the date of its original issuance and, 1296
1525	1525	during this time, it shall meet in part the requirements for licensure as a 1297
1526	1526	professional engineer or land surveyor. It shall not be the duty of the 1298
1527	1527	department to notify the holder of an engineer-in-training license or a 1299
1528	1528	surveyor-in-training license of the date of expiration of such license 1300
1529	1529	other than to publish it annually in the roster. 1301
1530	1530	(3) Renewal of any license under this chapter or payment of renewal 1302
1531	1531	fees shall not be required of any licensee serving in the armed forces of 1303
1532	1532	the United States until the next renewal period immediately following 1304
1533	1533	the termination of such service or the renewal period following the fifth 1305
1534	1534	year after such licensee's entry into such service, whichever occurs first. 1306
1535	1535	The status of such licensees shall be indicated in the annual roster of 1307
1536	1536	professional engineers and land surveyors. 1308
1537	1537	Sec. 29. Subsection (f) of section 20-314 of the general statutes is 1309
1538	1538	repealed and the following is substituted in lieu thereof (Effective from 1310
1539	1539	passage): 1311
1540	1540	(f) All licenses issued under the provisions of this chapter shall expire 1312
1541	1541	annually. At the time of application for a real estate broker's license, 1313
1542	1542	there shall be paid to the commission, for each individual applicant and 1314
1543	1543	for each proposed active member or officer of a firm, partnership, 1315
1544	1544	association or corporation, the sum of five hundred sixty-five dollars, 1316
1545	1545	and for the annual renewal thereof, the sum of three hundred seventy-1317
1546	1546	five dollars, [and] except that for licenses expiring on March 31, 2021, a 1318
1547	1547	prorated renewal fee shall be charged to reflect the fact that the March 1319 Raised Bill No. 125
1548	1548
1549	1549
1550	1550
1551	1551	LCO No. 1315 43 of 51
1552	1552
1553	1553	2021 renewal will expire on November 30, 2021. At the time of 1320
1554	1554	application for a real estate salesperson's license, there shall be paid to 1321
1555	1555	the commission two hundred eighty-five dollars and for the annual 1322
1556	1556	renewal thereof the sum of two hundred eighty-five dollars. Three 1323
1557	1557	dollars of each such annual renewal fee shall be payable to the Real 1324
1558	1558	Estate Guaranty Fund established pursuant to section 20-324a. [If a 1325
1559	1559	license is not issued, the fee shall be returned.] A real estate broker's 1326
1560	1560	license issued to any partnership, association or corporation shall entitle 1327
1561	1561	the individual designated in the application, as provided in section 20-1328
1562	1562	312, upon compliance with the terms of this chapter, but without the 1329
1563	1563	payment of any further fee, to perform all of the acts of a real estate 1330
1564	1564	broker under this chapter on behalf of such partnership, association or 1331
1565	1565	corporation. Any license which expires and is not renewed pursuant to 1332
1566	1566	this subsection may be reinstated by the commission, if, not later than 1333
1567	1567	two years after the date of expiration, the former licensee pays to the 1334
1568	1568	commission for each real estate broker's license the sum of three 1335
1569	1569	hundred seventy-five dollars and for each real estate salesperson's 1336
1570	1570	license the sum of two hundred eighty-five dollars for each year or 1337
1571	1571	fraction thereof from the date of expiration of the previous license to the 1338
1572	1572	date of payment for reinstatement, except that any licensee whose 1339
1573	1573	license expired after such licensee entered military service shall be 1340
1574	1574	reinstated without payment of any fee if an application for 1341
1575	1575	reinstatement is filed with the commission within two years after the 1342
1576	1576	date of expiration. Any such reinstated broker license shall expire on the 1343
1577	1577	next succeeding [March thirty-first for real estate brokers] November 1344
1578	1578	thirtieth, except that any broker license that is reinstated before March 1345
1579	1579	31, 2021, shall expire on March 31, 2021, or the next succeeding May 1346
1580	1580	thirty-first. [for real estate salespersons.] 1347
1581	1581	Sec. 30. Subsection (b) of section 20-317 of the general statutes is 1348
1582	1582	repealed and the following is substituted in lieu thereof (Effective from 1349
1583	1583	passage): 1350
1584	1584	(b) Every applicant licensed in another state shall file an irrevocable 1351
1585	1585	consent that suits and actions may be commenced against such 1352
1586	1586	applicant in the proper court in any judicial district of the state in which 1353 Raised Bill No. 125
1587	1587
1588	1588
1589	1589
1590	1590	LCO No. 1315 44 of 51
1591	1591
1592	1592	a cause of action may arise or in which the plaintiff may reside, by the 1354
1593	1593	service of any process or pleading, authorized by the laws of this state, 1355
1594	1594	on the chairperson of the commission, such consent stipulating and 1356
1595	1595	agreeing that such service of such process or pleading shall be taken and 1357
1596	1596	held in all courts to be as valid and binding as if service had been made 1358
1597	1597	upon such applicant in the state of Connecticut. If any process or 1359
1598	1598	pleadings under this chapter are served upon the chairperson, it shall 1360
1599	1599	be by duplicate copies, one of which shall be filed in the office of the 1361
1600	1600	commission, and the other immediately forwarded by registered or 1362
1601	1601	certified mail, to the applicant against whom such process or pleadings 1363
1602	1602	are directed, at the last-known address of such applicant as shown by 1364
1603	1603	the records of the [commission] department. No default in any such 1365
1604	1604	proceedings or action shall be taken unless it appears by affidavit of the 1366
1605	1605	chairperson of the commission that a copy of the process or pleading 1367
1606	1606	was mailed to the defendant as required by this subsection, and no 1368
1607	1607	judgment by default shall be taken in any such action or proceeding 1369
1608	1608	within twenty days after the date of mailing of such process or pleading 1370
1609	1609	to the out-of-state defendant. 1371
1610	1610	Sec. 31. Subsection (b) of section 20-319 of the general statutes is 1372
1611	1611	repealed and the following is substituted in lieu thereof (Effective from 1373
1612	1612	passage): 1374
1613	1613	(b) There is hereby established an annual renewal license to be issued 1375
1614	1614	by the Department of Consumer Protection. Persons licensed in 1376
1615	1615	accordance with the provisions of this chapter shall fulfill a continuing 1377
1616	1616	education requirement. Applicants for an annual renewal license for 1378
1617	1617	real estate brokers or real estate salespersons shall, in addition to the 1379
1618	1618	other requirements imposed by the provisions of this chapter, in any 1380
1619	1619	even-numbered year, submit proof of compliance with the continuing 1381
1620	1620	education requirements of this subsection to the commission. [, 1382
1621	1621	accompanied by an eight-dollar] Each licensee shall pay an annual four-1383
1622	1622	dollar continuing education processing fee to cover costs associated 1384
1623	1623	with the review and auditing of continuing education submissions. The 1385
1624	1624	continuing education requirement may be satisfied by successful 1386
1625	1625	completion of any of the following during the two-year period 1387 Raised Bill No. 125
1626	1626
1627	1627
1628	1628
1629	1629	LCO No. 1315 45 of 51
1630	1630
1631	1631	preceding such renewal: (1) A course or courses, approved by the 1388
1632	1632	commission, of continuing education in current real estate practices and 1389
1633	1633	licensing laws, including, but not limited to, practices and laws 1390
1634	1634	concerning common interest communities, consisting of not less than 1391
1635	1635	twelve hours of classroom study; or (2) a written examination prepared 1392
1636	1636	and administered by either the Department of Consumer Protection, or 1393
1637	1637	by a national testing service approved by the department, which 1394
1638	1638	demonstrates a knowledge of current real estate practices and licensing 1395
1639	1639	laws; or (3) equivalent continuing educational experience or study as 1396
1640	1640	determined by regulations adopted pursuant to subsection (d) of this 1397
1641	1641	section. An applicant for examination under subdivision (2) of this 1398
1642	1642	subsection shall pay the required examination fee to the national testing 1399
1643	1643	service, if administered by such testing service, or to the Department of 1400
1644	1644	Consumer Protection, if administered by the department. 1401
1645	1645	Sec. 32. Subsection (d) of section 20-427 of the general statutes is 1402
1646	1646	repealed and the following is substituted in lieu thereof (Effective from 1403
1647	1647	passage): 1404
1648	1648	(d) The commissioner may, after notice and hearing in accordance 1405
1649	1649	with the provisions of chapter 54, impose a civil penalty on any person 1406
1650	1650	who engages in or practices the work or occupation for which a 1407
1651	1651	certificate of registration is required by this chapter without having first 1408
1652	1652	obtained such a certificate of registration or who [wilfully] willfully 1409
1653	1653	employs or supplies for employment a person who does not have such 1410
1654	1654	a certificate of registration or who [wilfully] willfully and falsely 1411
1655	1655	pretends to qualify to engage in or practice such work or occupation, or 1412
1656	1656	who engages in or practices any of the work or occupations for which a 1413
1657	1657	certificate of registration is required by this chapter after the expiration 1414
1658	1658	of such person's certificate of registration or who violates any of the 1415
1659	1659	provisions of this chapter or the regulations adopted pursuant thereto. 1416
1660	1660	Such penalty shall be in an amount not more than five hundred dollars 1417
1661	1661	for a first violation of this subsection, not more than seven hundred fifty 1418
1662	1662	dollars for a second violation of this subsection occurring not more than 1419
1663	1663	three years after a prior violation, not more than one thousand five 1420
1664	1664	hundred dollars for a third or subsequent violation of this subsection 1421 Raised Bill No. 125
1665	1665
1666	1666
1667	1667
1668	1668	LCO No. 1315 46 of 51
1669	1669
1670	1670	occurring not more than three years after a prior violation and, in the 1422
1671	1671	case of radon mitigation work, such penalty shall be not less than two 1423
1672	1672	hundred fifty dollars. Any civil penalty collected pursuant to this 1424
1673	1673	subsection shall be deposited in the consumer protection enforcement 1425
1674	1674	account established in section 21a-8a. 1426
1675	1675	Sec. 33. Subsection (f) of section 20-427 of the general statutes is 1427
1676	1676	repealed and the following is substituted in lieu thereof (Effective from 1428
1677	1677	passage): 1429
1678	1678	(f) All certificates issued under the provisions of this chapter shall 1430
1679	1679	expire annually on March thirty-first, except that certificates which 1431
1680	1680	expire on November 30, 2020, shall be renewed on November 30, 2020, 1432
1681	1681	and will expire on March 31, 2021. The fee for renewal of a certificate 1433
1682	1682	shall be the same as the fee charged for an original application, except 1434
1683	1683	that for certificates which expire on March 31, 2021, a prorated renewal 1435
1684	1684	fee shall be charged to reflect the portion of the year for which the 1436
1685	1685	certificate will be active. 1437
1686	1686	Sec. 34. Subsection (d) of section 21-67 of the general statutes is 1438
1687	1687	repealed and the following is substituted in lieu thereof (Effective from 1439
1688	1688	passage): 1440
1689	1689	(d) The department shall, upon receipt of a renewal application, 1441
1690	1690	accompanied by the annual license fee, [and after inspection of the 1442
1691	1691	mobile manufactured home park and determination that the park 1443
1692	1692	continues to conform with the requirements of this chapter,] issue a 1444
1693	1693	renewal license, unless the park fails to conform with the requirements 1445
1694	1694	of this chapter based on an inspection, which shall have been performed 1446
1695	1695	in the prior year. 1447
1696	1696	Sec. 35. Section 20-678 of the general statutes is repealed and the 1448
1697	1697	following is substituted in lieu thereof (Effective from passage): 1449
1698	1698	On or after January 1, 2012, each homemaker-companion agency, 1450
1699	1699	prior to extending an offer of employment or entering into a contract 1451
1700	1700	with a prospective employee, shall require such prospective employee 1452 Raised Bill No. 125
1701	1701
1702	1702
1703	1703
1704	1704	LCO No. 1315 47 of 51
1705	1705
1706	1706	to submit to a [comprehensive] state and national criminal background 1453
1707	1707	check conducted in accordance with section 29-17a. On or after October 1454
1708	1708	1, 2020, no homemaker-companion agency shall extend an offer of 1455
1709	1709	employment or enter into a contract with a prospective employee who, 1456
1710	1710	in the last five years, has been released from incarceration after being: 1457
1711	1711	(1) Convicted of a criminal offense related to the delivery of an item or 1458
1712	1712	service under any state health care program, as defined in 42 USC 1320a-1459
1713	1713	7(h); (2) convicted, under federal or state law, of a criminal offense 1460
1714	1714	relating to neglect or abuse of patients in connection with the delivery 1461
1715	1715	of a health care item or service; (3) convicted of a felony relating to fraud, 1462
1716	1716	theft, embezzlement, breach of fiduciary responsibility or other financial 1463
1717	1717	misconduct, in connection with the delivery of a health care item or 1464
1718	1718	service or with respect to any act or omission in a health care program 1465
1719	1719	operated by or financed, in whole or in part, by any federal, state or local 1466
1720	1720	government agency; (4) convicted of a felony, under federal or state law, 1467
1721	1721	relating to the unlawful manufacture, distribution, prescription or 1468
1722	1722	dispensing of a controlled substance; or (5) the subject of a substantiated 1469
1723	1723	finding of neglect, abuse, physical harm or misappropriation of 1470
1724	1724	property, the value of which exceeds two thousand dollars, by a state or 1471
1725	1725	federal agency. Notwithstanding the five-year look-back limitation, 1472
1726	1726	each homemaker-companion agency shall notify, in writing, all 1473
1727	1727	individuals receiving services of the agency's comprehensive 1474
1728	1728	background check policy and supporting state statute, as well as the 1475
1729	1729	individual's right to request and receive a copy of any materials 1476
1730	1730	obtained during the criminal background check. If, within the last five 1477
1731	1731	years, an applicant has been released from incarceration after being 1478
1732	1732	convicted of an offense enumerated in this section, the homemaker-1479
1733	1733	companion agency or the prospective employee may submit a written 1480
1734	1734	petition to the commissioner requesting a waiver based on the 1481
1735	1735	circumstances of such offense, which may be granted in the sole 1482
1736	1736	discretion of the commissioner. In the event such a waiver is granted, 1483
1737	1737	the homemaker-companion agency shall provide the waiver approval 1484
1738	1738	letter to the individual receiving services, prior to commencing such 1485
1739	1739	services. Individuals receiving services shall have the right to request an 1486
1740	1740	alternative employee. In addition, each homemaker-companion agency 1487 Raised Bill No. 125
1741	1741
1742	1742
1743	1743
1744	1744	LCO No. 1315 48 of 51
1745	1745
1746	1746	shall require that such prospective employee complete and sign a form 1488
1747	1747	which contains questions as to whether the prospective employee was 1489
1748	1748	convicted of a crime involving violence or dishonesty in a state court or 1490
1749	1749	federal court in any state; or was subject to any decision imposing 1491
1750	1750	disciplinary action by a licensing agency in any state, the District of 1492
1751	1751	Columbia, a United States possession or territory or a foreign 1493
1752	1752	jurisdiction. Any prospective employee who makes a false written 1494
1753	1753	statement regarding such prior criminal convictions or disciplinary 1495
1754	1754	action shall be guilty of a class A misdemeanor. Each homemaker-1496
1755	1755	companion agency shall maintain a paper or electronic copy of any 1497
1756	1756	materials obtained during the comprehensive background check and 1498
1757	1757	shall make such records available for inspection upon request of the 1499
1758	1758	Department of Consumer Protection. 1500
1759	1759	Sec. 36. Subsection (c) of section 20-281c of the general statutes is 1501
1760	1760	repealed and the following is substituted in lieu thereof (Effective from 1502
1761	1761	passage): 1503
1762	1762	(c) An applicant may apply to take the examination if such person, 1504
1763	1763	[holds a baccalaureate degree, or its equivalent, conferred by a college 1505
1764	1764	or university acceptable to the board, with an accounting concentration 1506
1765	1765	or equivalent] at the time of the examination, completed not less than 1507
1766	1766	one hundred twenty semester hours of education, as determined by the 1508
1767	1767	board by regulation to be appropriate. The educational requirements for 1509
1768	1768	a certificate shall be prescribed in regulations to be adopted by the board 1510
1769	1769	as follows: 1511
1770	1770	(1) Until December 31, 1999, a baccalaureate degree or its equivalent 1512
1771	1771	conferred by a college or university acceptable to the board, with an 1513
1772	1772	accounting concentration or equivalent as determined by the board by 1514
1773	1773	regulation to be appropriate; 1515
1774	1774	(2) After January 1, 2000, at least one hundred fifty semester hours of 1516
1775	1775	college education including a baccalaureate or higher degree conferred 1517
1776	1776	by a college or university acceptable to the board. The total educational 1518
1777	1777	program shall include an accounting concentration or equivalent, as 1519 Raised Bill No. 125
1778	1778
1779	1779
1780	1780
1781	1781	LCO No. 1315 49 of 51
1782	1782
1783	1783	determined by the board by regulation to be appropriate. 1520
1784	1784	Sec. 37. Subsection (b) of section 20-691 of the general statutes is 1521
1785	1785	repealed and the following is substituted in lieu thereof (Effective from 1522
1786	1786	passage): 1523
1787	1787	(b) (1) A person seeking registration as a locksmith shall apply to the 1524
1788	1788	commissioner on a form provided by the commissioner. The application 1525
1789	1789	shall include the applicant's name, residence address, business address, 1526
1790	1790	business telephone number, a question as to whether the applicant has 1527
1791	1791	been convicted of a felony in any state or jurisdiction, and such other 1528
1792	1792	information as the commissioner may require. The applicant shall 1529
1793	1793	submit to a request by the commissioner for a [recent] state and national 1530
1794	1794	criminal history records check conducted pursuant to section 29-17a. No 1531
1795	1795	registration shall be issued unless the commissioner has received the 1532
1796	1796	results of a such records check. In accordance with the provisions of 1533
1797	1797	section 46a-80 and after a hearing held pursuant to chapter 54, the 1534
1798	1798	commissioner may revoke, refuse to issue or refuse to renew a 1535
1799	1799	registration when an applicant's criminal history records check reveals 1536
1800	1800	the applicant has been convicted of a crime of dishonesty, fraud, theft, 1537
1801	1801	assault, other violent offense or a crime related to the performance of 1538
1802	1802	locksmithing. 1539
1803	1803	(2) The application fee for registration as a locksmith and the biennial 1540
1804	1804	renewal fee for such registration shall be two hundred dollars. 1541
1805	1805	(3) The department shall establish and maintain a registry of 1542
1806	1806	locksmiths. The registry shall contain the names and addresses of 1543
1807	1807	registered locksmiths and such other information as the commissioner 1544
1808	1808	may require. Such registry shall be updated at least annually by the 1545
1809	1809	department, be made available to the public upon request and be 1546
1810	1810	published on the department's Internet web site. 1547
1811	1811	(4) No person shall engage in locksmithing, use the title locksmith or 1548
1812	1812	display or use any words, letters, figures, title, advertisement or other 1549
1813	1813	method to indicate said person is a locksmith unless such person has 1550
1814	1814	obtained a registration as provided in this section. 1551 Raised Bill No. 125
1815	1815
1816	1816
1817	1817
1818	1818	LCO No. 1315 50 of 51
1819	1819
1820	1820	(5) The following persons shall be exempt from registration as a 1552
1821	1821	locksmith, but only if the person performing the service does not hold 1553
1822	1822	himself or herself out to the public as a locksmith: (A) Persons employed 1554
1823	1823	by a state, municipality or other political subdivision, or by any agency 1555
1824	1824	or department of the government of the United States, acting in their 1556
1825	1825	official capacity; (B) automobile service dealers who service, install, 1557
1826	1826	repair or rebuild automobile locks; (C) retail merchants selling locks or 1558
1827	1827	similar security accessories or installing, programming, repairing, 1559
1828	1828	maintaining, reprogramming, rebuilding or servicing electronic garage 1560
1829	1829	door devices; (D) members of the building trades who install or remove 1561
1830	1830	complete locks or locking devices in the course of residential or 1562
1831	1831	commercial new construction or remodeling; (E) employees of towing 1563
1832	1832	services, repossessors, or an automobile club representative or 1564
1833	1833	employee opening automotive locks in the normal course of his or her 1565
1834	1834	business. The provisions of this section shall not prohibit an employee 1566
1835	1835	of a towing service from opening motor vehicles to enable a vehicle to 1567
1836	1836	be moved without towing, provided the towing service does not hold 1568
1837	1837	itself out to the public, by directory advertisement, through a sign at the 1569
1838	1838	facilities of the towing service or by any other form of advertisement, as 1570
1839	1839	a locksmith; (F) students in a course of study in locksmith programs 1571
1840	1840	approved by the department; (G) warranty services by a lock 1572
1841	1841	manufacturer or its employees on the manufacturer's own products; (H) 1573
1842	1842	maintenance employees of a property owner or property management 1574
1843	1843	companies at multifamily residential buildings, who service, install, 1575
1844	1844	repair or open locks for tenants; and (I) persons employed as security 1576
1845	1845	personnel at schools or institutions of higher education who open locks 1577
1846	1846	while acting in the course of their employment. 1578
1847	1847	This act shall take effect as follows and shall amend the following
1848	1848	sections:
1849	1849
1850	1850	Section 1 July 1, 2020 20-281k(c)
1851	1851	Sec. 2 July 1, 2020 20-500
1852	1852	Sec. 3 July 1, 2020 20-529(c)
1853	1853	Sec. 4 July 1, 2020 20-529b
1854	1854	Sec. 5 July 1, 2020 20-517(c)
1855	1855	Sec. 6 July 1, 2020 20-295b Raised Bill No. 125
1856	1856
1857	1857
1858	1858
1859	1859	LCO No. 1315 51 of 51
1860	1860
1861	1861	Sec. 7 July 1, 2020 20-292
1862	1862	Sec. 8 from passage 20-452(a)
1863	1863	Sec. 9 from passage 20-453
1864	1864	Sec. 10 from passage 20-457
1865	1865	Sec. 11 from passage 20-458(b)
1866	1866	Sec. 12 from passage 20-460(b)
1867	1867	Sec. 13 from passage 21a-190e(b)
1868	1868	Sec. 14 from passage 21a-190f
1869	1869	Sec. 15 from passage 21a-190l
1870	1870	Sec. 16 from passage 43-8a
1871	1871	Sec. 17 from passage 21a-2
1872	1872	Sec. 18 from passage 21a-7(a)
1873	1873	Sec. 19 from passage 21a-8(c)
1874	1874	Sec. 20 October 1, 2020 21a-10
1875	1875	Sec. 21 from passage 21a-11(c)
1876	1876	Sec. 22 from passage 51-164n(b)
1877	1877	Sec. 23 from passage 20-672
1878	1878	Sec. 24 from passage 20-677
1879	1879	Sec. 25 from passage New section
1880	1880	Sec. 26 from passage 20-330
1881	1881	Sec. 27 January 1, 2021 New section
1882	1882	Sec. 28 from passage 20-306(a)
1883	1883	Sec. 29 from passage 20-314(f)
1884	1884	Sec. 30 from passage 20-317(b)
1885	1885	Sec. 31 from passage 20-319(b)
1886	1886	Sec. 32 from passage 20-427(d)
1887	1887	Sec. 33 from passage 20-427(f)
1888	1888	Sec. 34 from passage 21-67(d)
1889	1889	Sec. 35 from passage 20-678
1890	1890	Sec. 36 from passage 20-281c(c)
1891	1891	Sec. 37 from passage 20-691(b)
1892	1892
1893	1893	Statement of Purpose:
1894	1894	To make minor and technical changes to streamline the Department of
1895	1895	Consumer Protection's licensing and enforcement statutes.
1896	1896	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
1897	1897	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
1898	1898	underlined.]
1899	1899