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repealed and the following is substituted in lieu thereof (Effective July 1, 2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is repealed and the following is substituted in lieu thereof (Effective July 18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