Substitute House Bill No. 6767
Public Act No. 23-99
AN ACT CONCERNING THE DEPARTMENT OF CONSUMER
PROTECTION'S RECOMMENDATIONS REGARDING LICENSING
AND ENFORCEMENT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (a) to (f), inclusive, of section 16a-15 of the
general statutes are repealed and the following is substituted in lieu
thereof (Effective from passage):
(a) Each person shall publicly display and maintain on each pump or
other dispensing device from which any gasoline or other product
intended as a fuel for aircraft, motor boats or motor vehicles is sold by
such person, such signs as the Commissioner of Consumer Protection,
by regulation adopted pursuant to chapter 54, may require to inform the
public of the octane rating and price of such gasoline or other product.
Each person selling such gasoline or other product on both a full-serve
and self-serve basis and displaying the price of such gasoline or other
product at a location on the premises other than at a pump or other
dispensing device shall include in such display both the full-serve and
self-serve prices of such gasoline or other product, in such manner as
the commissioner, by regulation, may require. All signs as to price shall
[be] display the per-gallon price and shall not [be] display the price of
less or more than one gallon, except that a sign as to the price of a Substitute House Bill No. 6767
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specialty engine fuel, including, but not limited to, a racing fuel or a fuel
intended for an agricultural or other off-road application, that is not
subject to a quality or usability standard established by the American
Society for Testing and Materials, or another national consensus quality
or usability standard, may display the price per gallon, per one-half
gallon or per liter.
(b) Each person shall publicly display and maintain on each pump or
other dispensing device from which any gasoline or other product
containing more than one per cent by volume of ethanol, methanol or
any other cosolvent, and intended as a fuel for aircraft, motor boats or
motor vehicles is sold by such person, such signs as the Commissioner
of Consumer Protection, by regulation adopted pursuant to chapter 54,
may require to inform the public of the amount of methanol, ethanol or
any other cosolvent contained in such gasoline or other product.
(c) Each person shall publicly display and maintain, in a like manner,
size and print, on each sign on display to the general public intended to
inform the public of the price of gasoline and each pump or other
dispensing device from which any gasoline intended as a fuel for motor
vehicles is sold by such person, such signs as the Commissioner of
Consumer Protection, by regulation adopted pursuant to chapter 54,
may require to inform the public of the price for such gasoline for such
members of the public as any such sign that informs of the price of such
gasoline for members of any club, members of any retail membership
organization or persons who qualify for any special discount offer.
(d) Any manufacturer, hauler, blender, agent, jobber, consignment
agent, or distributor who distributes gasoline, or other products
intended as fuel for aircraft, motor boats, or motor vehicles, which
contain one per cent or more alcohol by volume, shall state the
percentage of alcohol and the type of alcohol on any invoice, bill of
lading, shipping paper, or other documentation used in normal and
customary business practices. Substitute House Bill No. 6767
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(e) Each person shall publicly display and maintain on each pump or
other dispensing device from which any diesel fuel intended as a fuel
for motor boats or motor vehicles is sold by such person, the minimum
cetane number for such diesel fuel.
(f) Each person shall publicly display and maintain on each pump or
other dispensing device from which any gasoline intended as a fuel for
motor boats or motor vehicles is sold by such person, such signs as the
Commissioner of Consumer Protection, by regulation adopted pursuant
to chapter 54, may require to inform the public of whether, if a discount
is offered for payment by cash, payment for such gasoline by debit card
is processed at the credit card price per gallon or the cash price per
gallon or, for a specialty engine fuel described in subsection (a) of this
section, the credit card price per gallon, per one-half gallon or per liter
or the cash price per gallon, per one-half gallon or per liter.
Sec. 2. Section 16a-21 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) (1) (A) No heating fuel dealer shall sell heating fuel or rent or lease
a heating fuel tank without a written contract that contains all [the]
terms and conditions for delivery of such heating fuel and the amount
of fees, charges, surcharges or penalties allowed under this section and
assessed to the consumer under such contract. No such contract shall
contain any fees, charges, surcharges or penalties, except for those
allowed pursuant to subsections (e), (f) and (g) of this section and for
tank rental fees or liquidated damages for violation of the contract
terms. No contract for the delivery of heating fuel under this subsection
shall include a provision for liquidated damages for a consumer breach
of such contract where the liquidated damages exceed the actual
damages to the heating fuel dealer caused by such breach. No written
contract period for heating fuel shall be for a term [greater] longer than
thirty-six months. Each heating fuel dealer shall offer consumers the
option to enter into a bona fide commercially reasonable contract for a Substitute House Bill No. 6767
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term of eighteen months. A consumer and a heating fuel dealer may
agree to enter into a bona fide commercially reasonable contract for a
term of less than eighteen months. Longer fuel contract term lengths
may be permitted for underground tank consumers, provided the fuel
term agreements are concurrent with tank lease agreements as specified
in subdivision (2) of this subsection. No provision in a contract that
restricts a consumer's ability to utilize another propane fuel provider
shall be valid or enforceable unless the consumer has initialed a clear
and conspicuous statement in all capital letters [of no less than] in at
least twelve-point boldface type indicating that the consumer is aware
of such restriction.
(B) A heating fuel dealer who leases or lends, or who leased or lent, a
heating fuel tank and associated equipment to a consumer shall remove
such tank and associated equipment from the consumer's residential
premises not later than thirty days after the delivery of heating fuel
service is discontinued by the consumer.
(2) If a tank is being leased or lent to a consumer, a contract for the
tank rental or loan shall indicate in writing a description of the tank,
initial installation charges, if any, the amount and timing of rental or
loan payments, the manner in which the lessor will credit the lessee for
any unused heating fuel and terms by which a lessee may terminate the
contract. A lessor may enter into a separate contract with the lessee for
additional services including, but not limited to, maintenance, repair
and warranty of equipment, provided such contract complies with the
provisions of this section. No contract for tanks installed above ground
shall be for a term [greater] longer than thirty-six months. Each
consumer shall be given the option to enter into a bona fide
commercially reasonable contract for a term of eighteen months. A
lessee and a lessor may agree to enter into a bona fide commercially
reasonable contract for a term of less than eighteen months. No contract
for a tank installed underground shall exceed five years. Substitute House Bill No. 6767
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(3) (A) If a tank installed underground is provided to a consumer, a
contract for such tank shall contain a clause providing the consumer
with the option to purchase the tank and associated equipment at a price
not exceeding a commercially reasonable price at any time during the
length of the contract. The purchase price for the tank shall be disclosed
in the contract and shall not increase before the contract expires. Any
waiver of liability or transfer of warranty shall be stated in the contract.
No contract for such tank shall be valid or enforceable unless the
consumer has initialed a clear and conspicuous statement in all capital
letters [of no less than] in at least twelve-point boldface type, indicating
the consumer is aware of such option to purchase the tank and
associated equipment. For existing contracts, whether oral or written,
where the purchase option or purchase price is silent or unspecified, a
contract addendum including the purchase option and a commercially
reasonable price shall be mailed or delivered to the consumer not later
than September 1, 2013. Such contract addendum shall contain a clause
providing the lessee with the option of purchasing the tank and
associated equipment at any time prior to September 1, 2018. Upon
purchase of the tank and any associated equipment, any existing
contract obligations pursuant to subdivisions (1) and (2) of this
subsection shall terminate immediately, except for guaranteed price
plans pursuant to chapter 296a.
(B) If a tank installed above ground is provided to a consumer, a
contract for such tank shall contain a clause providing the consumer
with the option to purchase a new tank and associated equipment at a
price not exceeding a commercially reasonable price at any time during
the length of the contract. The purchase price for the tank, associated
equipment and associated installation charges shall be disclosed in the
contract and not increase before the contract expires. Any waiver of
liability or transfer of warranty shall be stated in the contract. No
contract for such tank shall be valid or enforceable unless the consumer
has initialed a clear and conspicuous statement in all capital letters [of Substitute House Bill No. 6767
Public Act No. 23-99 6 of 51
no less than] in at least twelve-point boldface type, indicating that the
consumer is aware of such option to purchase a new tank and associated
equipment. Upon purchase of the tank and any associated equipment,
any existing contract obligations pursuant to subdivisions (1) and (2) of
this subsection shall terminate immediately, except for guaranteed price
plans pursuant to chapter 296a.
(4) A contract required by this section shall be in writing and shall
comply with the plain language requirements of section 42-152,
provided any fee, charge, surcharge or penalty disclosed in such
contract shall be in twelve-point, boldface type of uniform font. Any fee,
charge, surcharge or penalty shall not increase prior to the expiration of
the contract.
(5) A written contract for the sale of heating fuel or lease of equipment
that calls for an automatic renewal of the contract is not valid unless
such contract complies with the provisions of this section, section 42-
126b and chapter 296a.
(6) The requirement that contracts be in writing pursuant to this
section shall not apply to any heating fuel delivery initiated by a
consumer, payable on delivery or billed to the consumer with no future
delivery commitment, where no fee, charge, surcharge or penalty is
assessed, except for any fee, charge or surcharge authorized under
subsection (g) of this section.
(7) The requirement that contracts be in writing pursuant to this
section shall not apply to agreements that are solely automatic delivery
where: (A) The consumer may terminate automatic delivery at any time
and where no fee, charge, surcharge or penalty is assessed for
termination; [,] and (B) the dealer providing automatic delivery
provides written notice to the consumer the dealer serves under
automatic delivery of the method for the termination of automatic
delivery, as specified in this subdivision. Such written notice shall be Substitute House Bill No. 6767
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included with each invoice for products subject to automatic delivery.
Notice from a consumer to a dealer requesting termination of automatic
delivery may be delivered to the dealer by (i) a written request by the
consumer delivered by certified mail to the dealer, (ii) electronic mail
sent from the consumer to a valid electronic mail address of the dealer,
or (iii) electronic facsimile by the consumer to be sent to a valid facsimile
number at the dealer's place of business. The consumer shall give notice
at least one day prior to the day upon which the consumer desires to
terminate automatic delivery. The consumer shall not be responsible for
payment of deliveries made by the dealer after such notice has been
given, except for deliveries made within one business day after such
notice has been given and which were scheduled for delivery by the
dealer prior to such notice being given, provided consideration shall be
given for weekend and holiday closings or extenuating circumstances
not under the control of the dealer.
(b) If a consumer complaint is being mediated or investigated by the
commissioner, the heating fuel dealer, if it owns the tank and has
exclusive fill requirements, may not deny the consumer deliveries of
heating fuel, or fuel for cooking or power generation, because of the
existence of the mediation or investigation, provided the heating fuel
dealer remains the exclusive supplier of such fuel and the consumer
pays cash for such fuel upon delivery.
(c) The requirement that contracts be in writing as set forth in this
section may be satisfied pursuant to the provisions of: (1) The
Connecticut Uniform Electronic Transactions Act, sections 1-266 to 1-
286, inclusive; [,] (2) sections 42a-7-101 to 42a-7-106, inclusive; [,] or (3)
the Electronic Signatures in Global and National Commerce Act, 15 USC
7001 et seq. Except as provided in subsection (d) of this section, verbal
telephonic communications shall not satisfy the writing requirement of
this section.
(d) The requirement that contracts be in writing pursuant to this Substitute House Bill No. 6767
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section and section 16a-23n may be satisfied telephonically, only if a
heating fuel dealer:
(1) Has provided to the consumer prior to any telephonic
communication all terms and conditions of the contract, in writing,
except for the contract duration, the unit price and the maximum
number of units covered by the contract;
(2) Employs an interactive voice response system or similar
technology that provides the consumer with the contract duration, the
unit price and the maximum number of units covered by the contract;
(3) Retains for a period of not less than one year from the date of the
expiration of the contract, in a readily retrievable format, a recording of
the consumer affirmation to each such term and condition;
(4) Sends the consumer a letter confirming the consumer's agreement
to such terms and conditions, with a written copy of the terms and
conditions agreed to; and
(5) Retains a copy of each such letter.
(e) No heating fuel dealer shall deliver heating fuel without placing
the unit price, clearly indicated as such, the total number of gallons or
units sold and the amount of any fee, charge or surcharge allowed
pursuant to this section in a conspicuous place on the delivery ticket
given to the consumer or an agent of the consumer at the time of
delivery. No heating fuel dealer shall bill or otherwise attempt to collect
from any consumer of heating fuel an amount that exceeds the unit price
multiplied by the total number of gallons or units stated on the delivery
ticket, plus the amount of any fee, charge or surcharge allowed pursuant
to this section and stated on the delivery ticket.
(f) No heating fuel dealer shall assess a fee, charge or surcharge on
any delivery, including, but not limited to, any delivery under an Substitute House Bill No. 6767
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automatic delivery agreement, initiated by the dealer to a consumer.
(g) No heating fuel dealer shall assess a fee, charge or surcharge on
the price per gallon or total delivery charge for any heating fuel delivery
initiated by a consumer, except when:
(1) The heating fuel delivery is less than one hundred gallons;
(2) The heating fuel delivery is made outside the normal service area
of the dealer;
(3) The heating fuel delivery is made outside the normal business
hours of the dealer; or
(4) The dealer incurs extraordinary labor costs for the heating fuel
delivery.
(h) Except for the underground tank addendum required pursuant to
subdivision (3) of subsection (a) of this section, the provisions of this
section shall not apply to existing customers of a heating fuel dealer on
July 1, 2013, who have valid written contracts on said date. The
provisions of this section shall apply as of the renewal or expiration
dates of such contracts.
(i) A consumer shall have the right to cancel [his or her] the
consumer's relationship with a heating fuel dealer without penalty for
an above-ground tank that is lent or leased if such relationship is based
upon either an oral agreement or a course of dealing. No tank removal
charge or forfeiture of unused heating fuel shall be permitted if a
consumer cancels such relationship. The consumer shall be entitled to a
refund of all unused heating fuel at the same price at which the
consumer purchased such heating fuel.
(j) The Commissioner of Consumer Protection may adopt regulations
pursuant to chapter 54 to: (1) Establish a consumer bill of rights Substitute House Bill No. 6767
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regarding home heating dealers; [,] (2) require heating fuel dealers to
provide consumers with such consumer bill of rights prior to entering
into a contract; [,] and (3) permit home heating dealers to post such
consumer bill of rights on their Internet web sites or record and play
back such consumer bill of rights when consumers call the offices of
such heating fuel dealers.
(k) A violation of the provisions of this section shall be an unfair trade
practice under subsection (a) of section 42-110b.
(l) [Any] (1) Except as provided in subdivision (2) of this subsection,
any heating fuel dealer who violates any provision of this section shall
be fined not more than five hundred dollars for the first offense, not
more than seven hundred fifty dollars for a second offense occurring not
more than three years after a prior offense and not more than one
thousand five hundred dollars for a third or subsequent offense
occurring not more than three years after a prior offense.
(2) Any heating fuel dealer who violates any provision of
subparagraph (B) of subdivision (1) of subsection (a) of this section may
be fined not more than two hundred fifty dollars per violation in
accordance with the provisions of section 51-164n.
Sec. 3. Subsection (b) of section 20-280e of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(b) (1) Any individual who has been convicted of any criminal offense
may request, at any time, that the [board] Department of Consumer
Protection determine whether such individual's criminal conviction
disqualifies [the] such individual from obtaining a certificate or license
issued or conferred [by the board] pursuant to this chapter based on (A)
the nature of the conviction and its relationship to [the] such
individual's ability to safely or competently perform the duties or Substitute House Bill No. 6767
Public Act No. 23-99 11 of 51
responsibilities associated with such certificate or license, (B)
information pertaining to the degree of rehabilitation of [the] such
individual, and (C) the time elapsed since the conviction or release of
[the] such individual.
(2) An individual making [such] a request under subdivision (1) of
this subsection shall [include (A)] make such request on a form, and in
a manner, prescribed by the Commissioner of Consumer Protection,
which form shall require the individual to (A) submit to state and
national criminal history records checks conducted in accordance with
section 29-17a, and (B) provide details of the individual's criminal
conviction. [, and (B) any payment required by the board. The board
may charge a fee of not more than fifteen dollars for each request made
under this subsection. The board may waive such fee.]
(3) Not later than thirty days after receiving a complete request under
subdivisions (1) and (2) of this subsection, the [board] department shall
inform the individual making such request whether, based on the
criminal record information submitted, such individual is disqualified
from receiving or holding a certificate or license issued pursuant to this
chapter.
(4) The [board] department is not bound by a determination made
under this section [,] if, upon further investigation, the [board]
department determines that the individual's criminal conviction differs
from the information presented in [the] such individual's determination
request made under this subsection.
Sec. 4. Subsection (b) of section 20-291 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(b) (1) Any individual who has been convicted of any criminal offense
may request, at any time, that the [commissioner] Department of Substitute House Bill No. 6767
Public Act No. 23-99 12 of 51
Consumer Protection determine whether such individual's criminal
conviction disqualifies [the] such individual from obtaining a certificate
or license issued or conferred [by the commissioner] pursuant to this
chapter based on (A) the nature of the conviction and its relationship to
[the] such individual's ability to safely or competently perform the
duties or responsibilities associated with such certificate or license, (B)
information pertaining to the degree of rehabilitation of [the] such
individual, and (C) the time elapsed since the conviction or release of
[the] such individual.
(2) An individual making [such] a request under subdivision (1) of
this subsection shall [include (A)] make such request on a form, and in
a manner, prescribed by the Commissioner of Consumer Protection,
which form shall require the individual to (A) submit to state and
national criminal history records checks conducted in accordance with
section 29-17a, and (B) provide details of the individual's criminal
conviction. [, and (B) any payment required by the commissioner. The
commissioner may charge a fee of not more than fifteen dollars for each
request made under this subsection. The commissioner may waive such
fee.]
(3) Not later than thirty days after receiving a complete request under
subdivisions (1) and (2) of this subsection, the [commissioner]
department shall inform the individual making such request whether,
based on the criminal record information submitted, such individual is
disqualified from receiving or holding a certificate or license issued
pursuant to this chapter.
(4) The [commissioner] department is not bound by a determination
made under this section [,] if, upon further investigation, the
[commissioner] department determines that the individual's criminal
conviction differs from the information presented in [the] such
individual's determination request made under this subsection. Substitute House Bill No. 6767
Public Act No. 23-99 13 of 51
Sec. 5. Section 20-295b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) Any person who, on October 1, 1969, holds a certificate of
authority or renewal issued pursuant to sections 20-295 and 20-295a of
the general statutes, revised to 1968, shall be entered on the roster of
licensed architects and shall thereafter be authorized and entitled to
practice architecture in accordance with the provisions of this chapter.
(b) An architect licensed in this state may perform the work of an
interior designer [,] as prescribed in chapter 396a without obtaining a
certificate of registration as an interior designer under said chapter.
Except as provided in subsection (c) of this section, an architect licensed
in this state shall not be required to satisfy the continuing education
requirements for registered interior designers established in subsections
(f) and (g) of section 20-377s if such architect satisfies all continuing
education requirements set forth in this chapter necessary for such
architect to maintain such license.
(c) An architect licensed in this state who holds a certificate of
registration as an interior designer issued under chapter 396a shall be
subject to (1) the continuing education requirements for registered
interior designers established in subsections (f) and (g) of section 20-
377s, and (2) the fee for renewal of such certificate of registration
established in subsection (e) of section 20-377s.
Sec. 6. Subsection (d) of section 20-334 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(d) (1) Any individual who has been convicted of any criminal offense
may request, at any time, that the [commissioner] Department of
Consumer Protection determine whether such individual's criminal
conviction disqualifies [the] such individual from obtaining a [license Substitute House Bill No. 6767
Public Act No. 23-99 14 of 51
or] certificate or license issued or conferred [by the commissioner]
pursuant to this chapter based on (A) the nature of the conviction and
its relationship to [the] such individual's ability to safely or competently
perform the duties or responsibilities associated with such certificate or
license, (B) information pertaining to the degree of rehabilitation of [the]
such individual, and (C) the time elapsed since the conviction or release
of [the] such individual.
(2) An individual making [such] a request under subdivision (1) of
this subsection shall [include (A)] make such request on a form, and in
a manner, prescribed by the Commissioner of Consumer Protection,
which form shall require the individual to (A) submit to state and
national criminal history records checks conducted in accordance with
section 29-17a, and (B) provide details of the individual's criminal
conviction. [, and (B) any payment required by the commissioner. The
commissioner may charge a fee of not more than fifteen dollars for each
request made under this subsection. The commissioner may waive such
fee.]
(3) Not later than thirty days after receiving a complete request under
subdivisions (1) and (2) of this subsection, the [commissioner]
department shall inform the individual making such request whether,
based on the criminal record information submitted, such individual is
disqualified from receiving or holding a [license or] certificate or license
issued pursuant to this chapter.
(4) The [commissioner] department is not bound by a determination
made under this section [,] if, upon further investigation, the
[commissioner] department determines that the individual's criminal
conviction differs from the information presented in [the] such
individual's determination request made under this subsection.
Sec. 7. Section 20-341 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage): Substitute House Bill No. 6767
Public Act No. 23-99 15 of 51
(a) Any person who wilfully engages in or practices the work or
occupation for which a license is required by this chapter or chapter
399b without having first obtained an apprentice permit or a certificate
and license for such work, as applicable, or who wilfully employs or
supplies for employment a person who does not have a certificate and
license for such work, or who wilfully and falsely pretends to qualify to
engage in or practice such work or occupation, including, but not
limited to, offering to perform such work in any print, electronic,
television or radio advertising or listing when such person does not hold
a license for such work as required by this chapter, or who wilfully
engages in or practices any of the work or occupations for which a
license is required by this chapter after the expiration of such person's
license, shall be guilty of a class B misdemeanor, except that no criminal
charges shall be instituted against such person pursuant to this
subsection unless the work activity in question is reviewed by the
Commissioner of Consumer Protection, or the commissioner's
authorized agent, and the commissioner or such agent specifically
determines, in writing, that such work activity requires a license and is
not the subject of a bona fide dispute between persons engaged in any
trade or craft, whether licensed or unlicensed. Notwithstanding the
provisions of subsection (d) or (e) of section 53a-29 and subsection (d)
of section 54-56e, if the court determines that such person cannot fully
repay any victims of such person within the period of probation
established in subsection (d) or (e) of section 53a-29 or subsection (d) of
section 54-56e, the court may impose probation for a period of not more
than five years. The penalty provided in this subsection shall be in
addition to any other penalties and remedies available under this
chapter or chapter 416.
(b) The Commissioner of Consumer Protection may order any person
who is not registered as an apprenticeship sponsor with the Labor
Department and who advertises, offers, engages in or practices the work
of a program of apprenticeship training for the purpose of providing the Substitute House Bill No. 6767
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experience necessary to obtain a journeyperson's license under this
chapter without first registering such program with the Labor
Department pursuant to sections 31-22m to 31-22v, inclusive, to
immediately cease and desist such advertising, offer, engagement or
practice until such person and program are properly registered with the
Labor Department pursuant to sections 31-22m to 31-22v, inclusive. The
Commissioner of Consumer Protection may, after a hearing held in
accordance with chapter 54, impose a fine in an amount not to exceed
five thousand dollars for each violation of this subsection.
(c) The Commissioner of Consumer Protection may order any person
who is registered as an apprenticeship sponsor with the Labor
Department to provide a program of apprenticeship training pursuant
to sections 31-22m to 31-22v, inclusive, for the purpose of providing the
experience necessary to obtain a journeyperson's license under this
chapter and who employs an individual as an apprentice without first
verifying that such individual is registered as an apprentice under this
chapter to immediately cease and desist any conduct for which an
apprenticeship registration is required under this chapter. The
commissioner may, after a hearing held in accordance with chapter 54,
impose a fine in an amount not to exceed five thousand dollars for each
violation of this subsection.
[(b)] (d) The appropriate examining board or the Commissioner of
Consumer Protection may, after notice and a hearing conducted in
accordance with chapter 54, impose a civil penalty for each violation on
any person who (1) engages in or practices the work or occupation for
which a license or apprentice registration certificate is required by this
chapter, chapter 394, chapter 399b or chapter 482 without having first
obtained such a license or certificate, or (2) wilfully employs or supplies
for employment a person who does not have such a license or certificate
or who wilfully and falsely pretends to qualify to engage in or practice
such work or occupation, or (3) engages in or practices any of the work Substitute House Bill No. 6767
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or occupations for which a license or certificate is required by this
chapter, chapter 394, chapter 399b or chapter 482 after the expiration of
the license or certificate, or (4) violates any of the provisions of this
chapter, chapter 394, chapter 399b or chapter 482 or the regulations
adopted pursuant thereto. Such penalty shall be in an amount not [more
than one thousand dollars for a first violation of this subsection, not
more than one thousand five hundred dollars for a second violation of
this subsection and not more than] to exceed three thousand dollars for
each violation of this subsection, [occurring less than three years after a
second or subsequent violation of this subsection,] except that any
individual employed as an apprentice but improperly registered shall
not be penalized for a first offense.
[(c)] (e) If an examining board or the Commissioner of Consumer
Protection imposes a civil penalty under the provisions of subsection
[(b)] (d) of this section as a result of a violation initially reported by [,] a
municipal building official in accordance with subsection (c) of section
29-261, the commissioner shall, not less than sixty days after collecting
such civil penalty, remit one-half of the amount collected to such
municipality.
[(d)] (f) A violation of any of the provisions of this chapter shall be
deemed an unfair or deceptive trade practice under subsection (a) of
section 42-110b.
[(e)] (g) This section shall not apply to any person who (1) holds a
license issued under this chapter, chapter 394, chapter 399b or chapter
482 and performs work that is incidentally, directly and immediately
appropriate to the performance of such person's trade where such work
commences at an outlet, receptacle or connection previously installed
by a person holding the proper license, or (2) engages in work that does
not require a license under this chapter, chapter 394, chapter 399b or
chapter 482. Substitute House Bill No. 6767
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Sec. 8. Subsection (d) of section 20-341gg of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(d) (1) Any individual who has been convicted of any criminal offense
may request, at any time, that the [commissioner] Department of
Consumer Protection determine whether such individual's criminal
conviction disqualifies [the] such individual from obtaining a
registration issued or conferred by the commissioner pursuant to this
section based on (A) the nature of the conviction and its relationship to
[the] such individual's ability to safely or competently perform the
duties or responsibilities associated with such [license] registration, (B)
information pertaining to the degree of rehabilitation of [the] such
individual, and (C) the time elapsed since the conviction or release of
[the] such individual.
(2) An individual making [such] a request under subdivision (1) of
this subsection shall [include (A)] make such request on a form, and in
a manner, prescribed by the Commissioner of Consumer Protection,
which form shall require the individual to (A) submit to state and
national criminal history records checks conducted in accordance with
section 29-17a, and (B) provide details of the individual's criminal
conviction. [, and (B) any payment required by the commissioner. The
commissioner may charge a fee of not more than fifteen dollars for each
request made under this subsection. The commissioner may waive such
fee.]
(3) Not later than thirty days after receiving a complete request under
subdivisions (1) and (2) of this subsection, the [commissioner]
department shall inform the individual making such request whether,
based on the criminal record information submitted, such individual is
disqualified from receiving or holding a registration issued pursuant to
this section. Substitute House Bill No. 6767
Public Act No. 23-99 19 of 51
(4) The [commissioner] department is not bound by a determination
made under this section [,] if, upon further investigation, the
[commissioner] department determines that the individual's criminal
conviction differs from the information presented in [the] such
individual's determination request made under this subsection.
Sec. 9. Section 20-417b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) No person shall engage in the business of new home construction
or hold [himself or herself] such person out as a new home construction
contractor unless such person has been issued a certificate of registration
by the commissioner in accordance with the provisions of sections 20-
417a to [20-417j] 20-417k, inclusive. No new home construction
contractor shall be relieved of responsibility for the conduct and acts of
[its] such new home construction contractor's agents, employees or
officers by reason of such new home construction contractor's
compliance with the provisions of sections 20-417a to [20-417j] 20-417k,
inclusive.
(b) Any person seeking a certificate of registration shall apply to the
commissioner, online, on a form provided by the commissioner. The
application shall include (1) the applicant's name, business street
address and business telephone number, (2) the identity of the insurer
that provides the applicant with insurance coverage for liability, (3) if
such applicant is required by any provision of the general statutes to
have workers' compensation coverage, the identity of the insurer that
provides the applicant with such workers' compensation coverage, (4)
if such applicant is required by any provision of the general statutes to
have an agent for service of process, the name and address of such agent,
and (5) proof of general liability insurance coverage in an amount not
less than twenty thousand dollars, demonstrated by providing the
policy number and business name of the insurance provider. Each such
application shall be accompanied by a fee of one hundred twenty Substitute House Bill No. 6767
Public Act No. 23-99 20 of 51
dollars, except that no such application fee shall be required if such
person has paid the registration fee required under section 20-421, as
amended by this act, during any year in which such person's registration
as a new home construction contractor would be valid.
(c) Certificates issued to new home construction contractors shall not
be transferable or assignable, except when the holder of a certificate,
who is engaged in the business, changes the name or form of such
business.
(d) [All] (1) Except as provided in subdivision (2) or (3) of this
subsection, all certificates issued under the provisions of sections 20-
417a to [20-417j] 20-417k, inclusive, shall expire annually [. The] on the
thirty-first day of March, and the fee charged for renewal of such a
certificate shall be the same as the fee charged for [an] the original
application [, except that no] for such certificate.
(2) No renewal fee is due if a person seeking renewal of a certificate
has paid the registration fee under section 20-427, as amended by this
act, during any year in which such person's registration as a new home
construction contractor would be valid.
(3) A new home construction contractor that holds a certificate of
registration issued in accordance with sections 20-417a to 20-417k,
inclusive, that expires on September 30, 2023, shall renew such
certificate of registration on or before the renewal date established for
the eighteen-month period beginning October 1, 2023, and ending
March 31, 2025, and shall pay a prorated renewal fee in the amount of
one hundred eighty dollars, a prorated fee due under subsection (b) of
section 20-417i in the amount of three hundred sixty dollars and a
prorated fee due under subsection (b) of section 20-432, as amended by
this act, in the amount of one hundred fifty dollars if such new home
construction contractor has opted to engage in home improvement
under subsection (f) of this section. Substitute House Bill No. 6767
Public Act No. 23-99 21 of 51
[(e) All certificates issued under the provisions of this chapter shall
expire annually on the thirty-first day of March. The fee for renewal of
a certificate shall be the same as charged for the original application.]
[(f)] (e) Failure to receive a notice of expiration or a renewal
application shall not exempt a new home construction contractor from
the obligation to renew.
[(g)] (f) The holder of a certificate of registration issued by the
commissioner in accordance with the provisions of sections 20-417a to
[20-417j] 20-417k, inclusive, may opt to engage in home improvement,
as defined in section 20-419, as amended by this act. If a new home
construction contractor does opt to engage in such home improvement,
such new home construction contractor shall first notify the
commissioner in writing and shall pay to the Department of Consumer
Protection any fee due to the Home Improvement Guaranty Fund
pursuant to section 20-432, as amended by this act.
Sec. 10. Section 20-419 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
As used in this chapter, unless the context otherwise requires:
(1) "Business entity" means an association, corporation, limited
liability company, limited liability partnership or partnership.
[(1)] (2) "Certificate" means a certificate of registration issued under
section 20-422.
[(2)] (3) "Commissioner" means (A) the Commissioner of Consumer
Protection, [or] and (B) any person designated by the commissioner to
administer and enforce this chapter.
[(3)] (4) (A) "Contractor" means any person who (i) owns and operates
a home improvement business, or [who] (ii) undertakes, offers to Substitute House Bill No. 6767
Public Act No. 23-99 22 of 51
undertake or agrees to perform any home improvement.
(B) "Contractor" does not include a person for whom the total price
of all of [his] such person's home improvement contracts with all of [his]
such person's customers does not exceed one thousand dollars during
any period of twelve consecutive months.
[(4)] (5) (A) "Home improvement" includes, but is not limited to, the
repair, replacement, remodeling, alteration, conversion, modernization,
improvement, rehabilitation or sandblasting of, or addition to, any land
or building or that portion thereof which is used or designed to be used
as a private residence, dwelling place or residential rental property, or
the construction, replacement, installation or improvement of alarm
systems not requiring electrical work, as defined in section 20-330,
driveways, swimming pools, porches, garages, roofs, siding, insulation,
sunrooms, flooring, patios, landscaping, fences, doors and windows,
waterproofing, water, fire or storm restoration or mold remediation in
connection with such land or building or that portion thereof which is
used or designed to be used as a private residence, dwelling place or
residential rental property or the removal or replacement of a residential
underground heating oil storage tank system, in which the total price
for all work agreed upon between the contractor and owner or proposed
or offered by the contractor exceeds two hundred dollars.
(B) "Home improvement" does not include [: (A) The] (i) the
construction of a new home, [; (B)] (ii) the sale of goods or materials by
a seller who neither arranges to perform nor performs, directly or
indirectly, any work or labor in connection with the installation or
application of the goods or materials, [; (C)] (iii) the sale of goods or
services furnished for commercial or business use or for resale, provided
commercial or business use does not include use as residential rental
property, [; (D)] (iv) the sale of appliances, such as stoves, refrigerators,
freezers, room air conditioners and others, which are designed for and
are easily removable from the premises without material alteration Substitute House Bill No. 6767
Public Act No. 23-99 23 of 51
thereof, [; (E)] (v) tree or shrub cutting or the grinding of tree stumps, [;]
and [(F)] (vi) any work performed without compensation by the owner
on [his] such owner's own private residence or residential rental
property.
[(5)] (6) "Home improvement contract" means an agreement between
a contractor and an owner for the performance of a home improvement.
[(6)] (7) "Owner" means a person who owns or resides in a private
residence and includes any agent thereof, including, but not limited to,
a condominium association. An owner of a private residence shall not
be required to reside in such residence to be deemed an owner under
this subdivision.
[(7)] (8) "Person" means an individual [, partnership, limited liability
company or corporation] or a business entity.
[(8)] (9) "Private residence" means a single family dwelling, a
multifamily dwelling consisting of not more than six units, or a unit,
common element or limited common element in a condominium, as
defined in section 47-68a, or in a common interest community, as
defined in section 47-202, or any number of condominium units for
which a condominium association acts as an agent for such unit owners.
[(9)] (10) "Salesman" means any individual who (A) negotiates or
offers to negotiate a home improvement contract with an owner, or (B)
solicits or otherwise endeavors to procure by any means whatsoever,
directly or indirectly, a home improvement contract from an owner on
behalf of a contractor.
[(10)] (11) "Residential rental property" means a single family
dwelling, a multifamily dwelling consisting of not more than six units,
or a unit, common element or limited common element in a
condominium, as defined in section 47-68a, or in a common interest
community, as defined in section 47-202, which is not owner-occupied. Substitute House Bill No. 6767
Public Act No. 23-99 24 of 51
[(11)] (12) "Residential underground heating oil storage tank system"
means an underground storage tank system used with or without
ancillary components in connection with real property composed of
four or less residential units.
[(12)] (13) "Underground storage tank system" means an
underground tank or combination of tanks, with any underground
pipes or ancillary equipment or containment systems connected to such
tank or tanks, used to contain an accumulation of petroleum, which
volume is ten per cent or more beneath the surface of the ground.
Sec. 11. Section 20-420 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) No person shall hold [himself or herself] such person out to be a
contractor or salesperson without first obtaining a certificate of
registration from the commissioner as provided in this chapter, except
(1) that an individual or partner, or officer or director of a corporation
registered as a contractor shall not be required to obtain a salesperson's
certificate, and (2) as provided in subsections (e) and (f) of this section.
No certificate shall be given to any person who holds [himself or herself]
such person out to be a contractor that performs radon mitigation unless
such contractor provides evidence, satisfactory to the commissioner,
that the contractor is certified as a radon mitigator by the National
Radon Safety Board or the National Environmental Health Association.
No certificate shall be given to any person who holds [himself or herself]
such person out to be a contractor that performs removal or replacement
of any residential underground heating oil storage tank system unless
such contractor provides evidence, satisfactory to the commissioner,
that the contractor (A) has completed a hazardous material training
program approved by the Department of Energy and Environmental
Protection, and (B) has presented evidence of liability insurance
coverage of one million dollars. Substitute House Bill No. 6767
Public Act No. 23-99 25 of 51
(b) No contractor shall employ any salesman to procure business
from an owner unless the salesman is registered under this chapter.
(c) No individual shall act as a home improvement salesman for an
unregistered contractor.
(d) On and after July 1, 2008, a home improvement contractor shall
not perform gas hearth product work, as defined in subdivision (22) of
section 20-330, unless such home improvement contractor holds a
limited contractor or journeyman gas hearth installer license pursuant
to section 20-334f.
(e) A retail establishment, which is a business that operates from a
fixed location where goods or services are offered for sale, may apply
annually for a certificate of registration as a salesperson on behalf of its
employees if it employs or otherwise compensates one or more
salespersons whose solicitation, negotiation and completion of sales are
conducted entirely at the retail establishment or virtually or by phone.
The retail establishment shall [: (1) Apply] (1) apply for such registration
on a form prescribed by the commissioner, (2) maintain a list of all
salespersons intended to be covered by the retailer's certificate of
registration, and (3) pay a fee equal to the amount that would be due if
each person were to apply individually for a certificate of registration,
including the amount that would be due under the guaranty fund. The
list of salespersons covered by the retailer's certificate of registration
shall be made available to the department upon request. If any person
covered by the retail establishment's salesperson certificate of
registration conducts activity covered by the salesperson credential at a
place other than the retail establishment or virtually or by phone, such
person shall apply for an individual salesperson certificate of
registration using the form prescribed by the commissioner for such
registrations and shall pay the corresponding application fee.
(f) Certificates of registration for salespersons issued to retail Substitute House Bill No. 6767
Public Act No. 23-99 26 of 51
establishments shall not be transferable or assignable, except a retail
establishment that is a holder of a salesperson certificate may remove an
existing or former employee currently listed on the certification of
registration and replace such person with a new or existing employee
employed as a salesperson. If the retail establishment adds or removes
salespeople, there shall be no refund or supplemental payment. The fee
shall be based on the number of salespeople at the time of each renewal.
(g) A contractor or salesperson shall update, through the
department's online licensing system, any application information the
contractor or salesperson has provided to the department pursuant to
this section, including, but not limited to, any contact information,
insurance information or criminal history for such contractor or
salesperson, or, if such contractor is a business entity, criminal histories
of the individual owners of such business entity, not later than thirty
days after any change in such information.
Sec. 12. Section 20-420a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) No [corporation] business entity shall perform or offer to perform
home improvements in this state unless such [corporation] business
entity has been issued a certificate of registration by the commissioner.
No such [corporation] business entity shall be relieved of responsibility
for the conduct and acts of its agents, employees or officers by reason of
its compliance with the provisions of this section, nor shall any
individual contractor be relieved of responsibility for home
improvements performed by reason of [his] such individual contractor's
employment or relationship with such [corporation] business entity.
(b) A [qualifying corporation] business entity desiring a certificate of
registration shall apply to the commissioner, online, on a form provided
by the commissioner. The application shall (1) state the name and
address of such [corporation] business entity, the city or town and the Substitute House Bill No. 6767
Public Act No. 23-99 27 of 51
street and number where such [corporation] business entity is to
maintain its principal place of business in this state and the names and
addresses of [officers; and] its individual owners, (2) contain a
[statement that] list of one or more individuals who shall direct,
supervise or perform home improvements for such [corporation are
registered home improvement contractors] business entity, (3) require
each individual owner of such business entity to disclose whether such
individual owner has been found guilty or convicted as a result of an act
which (A) constitutes a felony under the laws of this state or federal law,
or (B) was committed in another jurisdiction but, if committed in this
state, would constitute a felony under the laws of this state, and (4) such
other information as the commissioner may require.
(c) Any certificate issued by the commissioner pursuant to this
section may be revoked, suspended, or have conditions placed upon the
holder of the certificate by the commissioner after notice and a hearing
in accordance with the provisions of chapter 54 concerning contested
cases, if it is shown that the holder of such certificate has not conformed
to the requirements of this chapter, that the certificate was obtained
through fraud or misrepresentation or that [the contractor of record
employed by or acting on behalf of such corporation has had his
certificate of registration suspended or revoked by the commissioner]
any individual owner of such home improvement contractor, if such
registrant is a business entity, has been convicted of a crime that would
preclude such registrant from holding such registration in accordance
with section 46a-80. The commissioner may refuse to issue or renew a
certificate if any facts exist which would entitle the commissioner to
suspend or revoke an existing certificate.
(d) Each such [corporation] business entity shall file with the
commissioner, upon application or renewal thereof, a designation of an
individual or individuals registered to perform home improvements in
this state who shall direct or supervise the performance of home Substitute House Bill No. 6767
Public Act No. 23-99 28 of 51
improvements by such [corporation] business entity in this state. [Such
corporation shall notify the commissioner of any change in such
designation within thirty days after such change becomes effective.]
(e) Each such [corporation] business entity shall [file with the
commissioner] confirm, upon application or renewal thereof, [a
certificate of] that such applicant business entity is in good standing
[issued by the office of] with the Secretary of the State. Such corporation
shall notify the commissioner of any change in [corporate good] such
standing [within] not later than thirty days after such change becomes
effective.
(f) Each such business entity shall maintain a list of all of such
business entity's employees and contractors, and all employment
documents associated with such employees and contractors, in an
auditable format for at least four taxable years. Such business entity
shall, upon request by the commissioner or the commissioner's
authorized representative, (1) immediately make such list and
documents available to the commissioner or the commissioner's
authorized representative for the purpose of inspecting and copying
such list and documents, and (2) produce copies of such list and
documents to the commissioner or the commissioner's authorized
representative not later than two business days after the commissioner
or the commissioner's authorized representative requests such copies.
Such business entity shall make such list, documents and copies
available to the commissioner or the commissioner's authorized
representative in an electronic format unless it is not commercially
practical for such business entity to make such list, documents and
copies available to the commissioner or the commissioner's authorized
representative in an electronic format.
Sec. 13. Section 20-421 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage): Substitute House Bill No. 6767
Public Act No. 23-99 29 of 51
(a) Any person seeking a certificate of registration shall apply to the
commissioner online, on a form provided by the commissioner. The
application shall include (1) the applicant's name, residence address,
business address, business telephone number [,] and electronic mail
address, (2) a statement by the applicant disclosing whether the
applicant has been found guilty or convicted as a result of an act which
(A) constitutes a felony under the laws of this state or federal law, or (B)
was committed in another jurisdiction but, if committed in this state,
would constitute a felony under the laws of this state, (3) proof that the
applicant has obtained general liability insurance coverage in an
amount not less than twenty thousand dollars, demonstrated by
providing the policy number and business name of the insurance
provider, and (4) such other information as the commissioner may
require.
(b) Each application for a certificate of registration as a home
improvement contractor shall be accompanied by a fee of one hundred
twenty dollars, except that no such application fee shall be required in
any year during which such person has paid the registration fee
required under section 20-417b, as amended by this act, or in any year
in which such person's registration as a new home construction
contractor is valid.
(c) Each application for a certificate of registration as a salesman shall
be accompanied by a fee of one hundred twenty dollars.
(d) The application fee for a certificate of registration as a home
improvement contractor acting solely as the contractor of record for a
[corporation] business entity, shall be waived, provided the contractor
of record shall use such registration for the sole purpose of directing,
supervising or performing home improvements for such [corporation]
business entity.
Sec. 14. Subsection (a) of section 20-426 of the general statutes is Substitute House Bill No. 6767
Public Act No. 23-99 30 of 51
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) The commissioner may revoke, suspend or refuse to issue or
renew any certificate of registration as a home improvement contractor
or salesperson or place a registrant on probation or issue a letter of
reprimand [for: (1) Conduct] (1) for conduct of a character likely to
mislead, deceive or defraud the public or the commissioner, [;] (2) for
engaging in any untruthful or misleading advertising, [;] (3) for failing
to reimburse the guaranty fund established pursuant to section 20-432,
as amended by this act, for any moneys paid to an owner pursuant to
subsection (o) of section 20-432, [;] (4) for unfair or deceptive business
practices, [;] (5) subject to section 46a-80, based on a felony conviction of
an individual registrant or an individual owner of a registrant that is a
business entity; or [(5)] (6) for violation of any of the provisions of the
general statutes relating to home improvements or any regulation
adopted pursuant to any of such provisions. The commissioner may
refuse to issue or renew any certificate of registration as a home
improvement contractor or salesperson of any person subject to the
registration requirements of chapter 969.
Sec. 15. Subsection (d) of section 20-427 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(d) The commissioner may, after notice and a hearing in accordance
with the provisions of chapter 54, impose a civil penalty on any person
who engages in or practices the work or occupation for which a
certificate of registration is required by this chapter without having first
obtained such a certificate of registration or who wilfully employs or
supplies for employment a person who does not have such a certificate
of registration or who wilfully and falsely pretends to qualify to engage
in or practice such work or occupation, or who engages in or practices
any of the work or occupations for which a certificate of registration is Substitute House Bill No. 6767
Public Act No. 23-99 31 of 51
required by this chapter after the expiration of such person's certificate
of registration or who violates any of the provisions of this chapter or
the regulations adopted pursuant thereto. Such penalty shall be in an
amount not more than [five hundred dollars for a first violation of this
subsection, not more than seven hundred fifty dollars for a second
violation of this subsection occurring not more than three years after a
prior violation, not more than] one thousand five hundred dollars [for a
third or subsequent violation of this subsection occurring not more than
three years after a prior violation and, in the case of radon mitigation
work, such penalty shall be not less than two hundred fifty dollars] per
violation. Any civil penalty collected pursuant to this subsection shall
be deposited in the consumer protection enforcement account
established in section 21a-8a.
Sec. 16. Subsection (b) of section 20-432 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(b) Each salesman who receives a certificate pursuant to this chapter
shall pay a fee of forty dollars annually. Each contractor (1) who receives
a certificate pursuant to this chapter, or (2) receives a certificate pursuant
to chapter 399a and has opted to engage in home improvement pursuant
to subsection [(g)] (f) of section 20-417b, as amended by this act, shall
pay a fee of one hundred dollars annually to the guaranty fund. Such
fee shall be payable with the fee for an application for a certificate or
renewal thereof. The annual fee for a contractor who receives a
certificate of registration as a home improvement contractor acting
solely as the contractor of record for a corporation shall be waived,
provided the contractor of record shall use such registration for the sole
purpose of directing, supervising or performing home improvements
for such corporation.
Sec. 17. Subsection (m) of section 20-540 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from Substitute House Bill No. 6767
Public Act No. 23-99 32 of 51
passage):
(m) (1) Any individual who has been convicted of any criminal
offense may request, at any time, that the [commissioner] Department
of Consumer Protection determine whether such individual's criminal
conviction disqualifies [the] such individual from obtaining a certificate
or license [or certificate] issued or conferred [by the commissioner]
pursuant to this section.
(2) An individual making [such] a request under subdivision (1) of
this subsection shall [include (A)] make such request on a form, and in
a manner, prescribed by the Commissioner of Consumer Protection,
which form shall require the individual to (A) submit to state and
national criminal history records checks conducted in accordance with
section 29-17a, and (B) provide details of the individual's criminal
conviction. [, and (B) any payment required by the commissioner. The
commissioner may charge a fee of not more than fifteen dollars for each
request made under this subsection. The commissioner may waive such
fee.]
[(2)] (3) Not later than thirty days after receiving a complete request
under subdivisions (1) and (2) of this subsection, the [commissioner]
department shall inform the individual making such request whether,
based on the criminal record information submitted, such individual is
disqualified from receiving or holding a [license or] certificate or license
issued pursuant to this section.
[(3)] (4) The [commissioner] department is not bound by a
determination made under this section [,] if, upon further investigation,
the [commissioner] department determines that the individual's
criminal conviction differs from the information presented in [the] such
individual's determination request made under this subsection.
Sec. 18. Section 20-677 of the general statutes is repealed and the Substitute House Bill No. 6767
Public Act No. 23-99 33 of 51
following is substituted in lieu thereof (Effective October 1, 2023):
(a) Each person obtaining a homemaker -companion agency
certificate of registration shall [: (1) Exhibit] (1) exhibit the agency's
certificate of registration upon request by any interested party, (2) state
in any advertisement the fact that the agency is registered, and (3)
include the agency's registration number in any advertisement.
(b) No person shall [: (1) Present] (1) present or attempt to present, as
such person's own, the certificate of another, (2) knowingly give false
evidence of a material nature to the Commissioner of Consumer
Protection for the purpose of procuring a certificate, (3) represent
[himself or herself] such person falsely as, or impersonate, a registered
homemaker-companion agency, (4) use or attempt to use a certificate
which has expired or which has been suspended or revoked, (5) offer or
provide homemaker services or companion services without having a
current certificate of registration under the provisions of sections 20-670
to 20-680, inclusive, or (6) represent in any manner that such person's
registration constitutes an endorsement by the commissioner of the
quality of services provided by such person.
(c) In addition to any other remedy provided for in sections 20-670 to
20-676, inclusive, any person who violates any provision of subsection
(b) of this section shall be fined not more than one thousand dollars or
imprisoned not more than six months, or both.
(d) Certificates issued to a homemaker-companion agency shall not
be transferable or assignable. Prior to any sale or change in ownership
of a registered homemaker-companion agency, each proposed new
individual owner, or, if a proposed new owner is a business entity, the
individual owners of such business entity, shall submit to state and
national criminal history records checks as required under section 20-
672, unless: Substitute House Bill No. 6767
Public Act No. 23-99 34 of 51
(1) The proposed new owner (A) owns less than ten per cent of the
shares or other equity interests in any publicly listed or traded
homemaker-companion agency, and (B) will not engage in the day-to-
day operations, or direct the management and policies, of the registered
homemaker-companion agency that is the subject of the proposed sale
or change in ownership;
(2) The proposed new owner (A) owns less than five per cent of the
shares or other equity interests in any private homemaker-companion
agency, and (B) will not engage in the day-to-day operations, or direct
the management and policies, of the registered homemaker-companion
agency that is the subject of the proposed sale or change in ownership;
or
(3) The commissioner waives the requirement that a new application
be filed under section 20-672.
(e) All certificates issued under the provisions of sections 20-670 to
20-680, inclusive, shall expire annually. The fee for renewal of a
certificate shall be the same as the fee charged for an original application
pursuant to section 20-672. Fees collected pursuant to the issuance of a
certificate or renewal of a certificate shall be deposited in the General
Fund.
(f) Failure to receive a notice of expiration of registration or a renewal
application shall not exempt a homemaker-companion agency from the
obligation to renew.
(g) Not later than ten days before a homemaker-companion agency
ceases providing all homemaker services and companion services in this
state, the homemaker-companion agency shall send a written notice to
the Department of Consumer Protection disclosing the impending
cessation and contact information that the department may use to
contact such homemaker-companion agency to obtain additional Substitute House Bill No. 6767
Public Act No. 23-99 35 of 51
information.
(h) (1) Except as provided in subdivision (2) of this subsection, a
homemaker-companion agency shall, not later than ten days before the
homemaker-companion agency unilaterally ceases providing
homemaker services or companion services to any person in this state,
send a written notice to such person disclosing (A) the impending
cessation, (B) how such person may transition to alternative care, (C)
how such person shall be reimbursed for any prepaid homemaker
services or companion services, and (D) contact information that such
person may use to contact such homemaker-companion agency to
obtain additional information.
(2) A homemaker-companion agency may cease providing
homemaker services or companion services to any person in this state
during the notice period established in subdivision (1) of this subsection
if (A) such person, such person's authorized representative or any other
person who resides in, or has access to, such person's home has verbally
or physically abused, threatened or otherwise mistreated an employee
of such homemaker-companion agency, (B) providing such homemaker
services or companion services would place such homemaker-
companion agency at risk of failing to comply with any applicable local,
state or federal law, including, but not limited to, any applicable local,
state or federal antidiscrimination, employment, health or occupational
safety law, or (C) such person has failed to tender payment for such
homemaker services or companion services pursuant to the written
contract or service plan.
Sec. 19. Section 20-679 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2023):
(a) A homemaker-companion agency shall disclose, in writing, to a
person who is scheduled to receive homemaker services or companion
services, or such person's authorized representative, the full legal name Substitute House Bill No. 6767
Public Act No. 23-99 36 of 51
of the employee who will provide such services. The homemaker-
companion agency shall make such disclosure to such person, or such
person's authorized representative, before such employee enters such
person's home.
[(a)] (b) Not later than seven calendar days after the date on which a
homemaker-companion agency commences providing homemaker
services or companion services, such agency shall provide the person
who receives [the] such services, or the authorized representative of
such person, with a written contract or service plan that prescribes the
anticipated scope, type, frequency, duration and cost of [the] such
services. [provided by the agency.] In addition, any contract or service
plan provided by a homemaker-companion agency to a person
receiving homemaker services or companion services shall also provide
conspicuous notice, in boldface type, disclosing (1) [of] the person's
right to request changes to, or review of, the contract or service plan, (2)
[of] that such agency shall provide at least sixty days' advance written
notice to such person or such person's authorized representative
disclosing any change in the rate for the same level or type of services
provided and charged for such services, (3) the employees of such
agency who, pursuant to section 20-678 are required to submit to a
comprehensive background check, [(3)] (4) that upon the request of such
person or an authorized representative of such person, such agency
shall provide such person or representative of such person with written
notice that a comprehensive background check, as required pursuant to
section 20-678, was performed for all employees of such agency
performing homemaker services or companion services for such person,
[(4)] (5) that such agency's records are available for inspection or audit
by the Department of Consumer Protection, [(5)] (6) that the agency is
not able to guarantee the extent to which its homemaker services or
companion services will be covered under any insurance plan, and [(6)]
(7) that such contract or service plan may be cancelled at any time by the
client if such contract or service plan does not contain a specific period Substitute House Bill No. 6767
Public Act No. 23-99 37 of 51
of duration. No contract or service plan for the provision of homemaker
or companion services shall be valid against the person who receives the
services or the authorized representative of such person, unless the
contract or service plan has been signed by a duly authorized
representative of the homemaker-companion agency and the person
who receives the services or the authorized representative of such
person. No change in the rate for the same level or type of services
provided and charged for homemaker services or companion services
shall be valid against a person who is receiving such services unless the
homemaker-companion agency providing such services provides at
least sixty days' advance written notice to such person, or such person's
authorized representative, disclosing such rate change. The
requirements of this section shall not apply to homemaker services or
companion services provided under the Connecticut home -care
program for the elderly administered by the Department of Social
Services in accordance with section 17b-342. A written contract or
service plan between a homemaker-companion agency and a person
receiving services or the authorized representative of such person shall
not be enforceable against such person receiving services or authorized
representative unless such written contract or service plan contains all
of the requirements of this section.
[(b)] (c) Nothing in this section shall preclude a homemaker-
companion agency that has complied with subdivisions (1) to [(6)] (7),
inclusive, of subsection [(a)] (b) of this section from the recovery of
payment for work performed based on the reasonable value of
homemaker services or companion services which were requested by
the person receiving such services, provided the court determines that
it would be inequitable to deny such recovery.
Sec. 20. Subsections (c) to (f), inclusive, of section 21a-4 of the general
statutes are repealed and the following is substituted in lieu thereof
(Effective from passage): Substitute House Bill No. 6767
Public Act No. 23-99 38 of 51
(c) The Commissioner of Consumer Protection may impose a [fine]
late fee on any applicant who fails to renew a license, permit, certificate
or registration [not later than] on or before the expiration date of such
license, permit, certificate or registration. The amount of the [fine] late
fee shall be equal to ten per cent of the renewal fee but shall not be less
than ten dollars or more than one hundred dollars.
(d) [Notwithstanding any other provision of the general statutes,
each applicant whose license has lapsed for a period longer than the
length of time allowing automatic reinstatement may apply for
reinstatement to the appropriate board. Upon receipt of such
application and payment of the fee, the department may, at its
discretion, reinstate a lapsed license without examination, provided
such application for reinstatement is accompanied by a notarized letter
and supporting documentation attesting to the applicant's related work
experience in their occupation or profession from the time he or she had
let such license lapse. Such applicant, upon approval by the department,
shall pay all back license and late fees in order for such license to be
reinstated.] If the Department of Consumer Protection does not receive
a completed license, permit, certificate or registration renewal
application from an applicant on or before the expiration date of such
license, permit, certificate or registration but the applicant submits a
completed renewal application to the department not later than ninety
days after such expiration date, the applicant shall pay any late fee
imposed by the commissioner under subsection (c) of this section but
shall not be required to apply for reinstatement under subsection (e) of
this section.
(e) When a license, permit, [certification] certificate or registration has
lapsed for a period longer than ninety days after its expiration date or
the length of time specified in any other provision of the general statutes
allowing [automatic] for its reinstatement, [or the general statutes are
silent as to the period of time during which reinstatement of the license, Substitute House Bill No. 6767
Public Act No. 23-99 39 of 51
permit, certification or registration is permissible] an applicant may
apply [for reinstatement to the department] to the Department of
Consumer Protection to reinstate such lapsed license, permit, certificate
or registration. Upon receipt of such completed reinstatement
application and payment of the corresponding application fee, the
department may, in the department's discretion and if such application
[was] is made not later than three years after [the] such expiration date
[allowing automatic reinstatement] or specified time, reinstate [the]
such lapsed license, permit, [certification] certificate or registration
without examination. The applicant, prior to reinstatement by the
department, shall [pay all back license and late fees, unless the applicant
attests] attest that [he or she] the applicant has not worked in the
applicable occupation or profession in this state while [the] such license,
permit, [certification] certificate or registration was lapsed, [in which
case the applicant shall] pay the current year's renewal fee for
reinstatement and take any continuing education required for the year
preceding such reinstatement and the year of such reinstatement. If the
applicant worked in the applicable occupation or profession in this state
while such license, permit, certificate or registration was lapsed, the
applicant shall pay all license and late fees due and owing for the period
in which such license, permit, certificate or registration was lapsed and
demonstrate to the department that the applicant has completed all
continuing education required for the year preceding reinstatement. If
[the] a license, permit, [certification] certificate or registration [lapse is
three years or more] has lapsed for longer than three years after the
license, permit, certificate or registration expiration date or the length of
time specified in any other provision of the general statutes allowing for
reinstatement, whichever is longer, the applicant shall apply for a new
license, permit, [certification] certificate or registration under this
subsection. No person who had a license, permit, certificate or
registration that lapsed during the three years immediately preceding
the date of an application made pursuant to this subsection may seek a
new license, permit, certificate or registration of the same type under the Substitute House Bill No. 6767
Public Act No. 23-99 40 of 51
same name.
(f) Unless expressly provided otherwise by law, application fees for a
license, permit, [certification] certificate or registration within the
purview of the Department of Consumer Protection shall be
nonrefundable.
Sec. 21. Subsection (a) of section 21a-11 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) (1) The Commissioner of Consumer Protection may, subject to the
provisions of chapter 67, employ such agents and assistants as are
necessary to enforce the provisions of the general statutes wherein [said]
the commissioner is empowered to carry out the duties and
responsibilities assigned to [him or his department] the commissioner
or the Department of Consumer Protection. For the purpose of inquiring
into any suspected violation of such provisions, the commissioner and
[his] the commissioner's deputy and assistants shall have free access, at
all reasonable hours, to all places and premises, homes and apartments
of private families keeping no boarders excepted. The commissioner
and [his or her] the commissioner's deputy or assistants shall have the
authority to issue citations pursuant to section 51-164n for violations for
the purpose of enforcing such provisions. The commissioner may
delegate [his or her] the commissioner's authority to render a final
decision in a contested case to a hearing officer employed by, or
contracted with, the department.
(2) Notwithstanding the provisions of the Freedom of Information
Act, as defined in section 1-200, all records, papers and documents
obtained during an investigation or enforcement action conducted
pursuant to subdivision (1) of this subsection shall be confidential and
not subject to disclosure under said act until such investigation or
enforcement action has been finally adjudicated or otherwise settled or Substitute House Bill No. 6767
Public Act No. 23-99 41 of 51
closed.
Sec. 22. Subsection (a) of section 21a-101 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) A food shall be deemed to be adulterated:
(1) (A) If it bears or contains any poisonous or deleterious substance
which may render it injurious to health; but, if the substance is not an
added substance, such food shall not be considered adulterated under
this clause if the quantity of such substance in such food would not
ordinarily render it injurious to health; (B) if it bears or contains any
added poisonous or added deleterious substance which is unsafe within
the meaning of section 21a-104; (C) if it consists in whole or in part of
any diseased, contaminated, filthy, putrid or decomposed substance or
if it is otherwise unfit for food; (D) if it has been produced, prepared,
packed or held under insanitary conditions whereby it may have
become contaminated with filth, or whereby it may have been rendered
diseased, unwholesome or injurious to health; (E) if it is in whole or in
part the product of a diseased animal or of an animal which has died
otherwise than by slaughter or which has been fed on the uncooked offal
from a slaughterhouse; or (F) if its container is composed in whole or in
part of any poisonous or deleterious substance which may render the
contents injurious to health;
(2) (A) If any valuable constituent has been in whole or in part
omitted or abstracted therefrom; (B) if any substance has been
substituted wholly or in part therefor; (C) if damage or inferiority has
been concealed in any manner; or (D) if any substance has been added
thereto or mixed or packed therewith so as to increase its bulk or weight,
or reduce its quality or strength, or make it appear better or of greater
value than it is; Substitute House Bill No. 6767
Public Act No. 23-99 42 of 51
(3) If it bears or contains a color additive which is unsafe within the
meaning of section 21a-104;
(4) If it is confectionery and it bears or contains any alcohol or
nonnutritive article or substance except harmless coloring, harmless
flavoring, harmless resinous glaze not in excess of four-tenths of one per
cent, harmless natural gum or pectin; provided this subdivision shall
not apply to any confectionery by reason of its containing less than one-
half of one per cent by volume of alcohol derived solely from the use of
flavoring extracts, or to any chewing gum by reason of its containing
harmless nonnutritive masticatory substances, or any alcohol-infused
confection subject to regulations adopted under subsection (b) of this
section; and
(5) If such food is to be offered for sale at retail as a food product and
a retail or wholesale establishment has added to such food any sulfiting
agent, including sulfur dioxide, sodium sulfite, sodium bisulfite,
potassium bisulfite, sodium metabisulfite or potassium metabisulfite,
separately or in combination, [to such food] unless such sulfiting agent
is an incidental additive, as defined in section 21a-104a, as amended by
this act.
Sec. 23. Section 21a-104a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) For the purposes of this section:
(1) "Incidental additive" has the same meaning as provided in 21 CFR
101.100, as amended from time to time;
(2) "Manufacturer" means any person, firm or corporation which (A)
produces or grows food, and (B) packages such food for resale or
distribution;
[(1)] (3) "Person" means any individual, partnership, firm, Substitute House Bill No. 6767
Public Act No. 23-99 43 of 51
association, limited liability company or corporation; and
[(2)] (4) "Sulfiting agent" means any sulfur dioxide, sodium sulfite,
sodium bisulfite, potassium bisulfite, sodium metabisulfite or
potassium metabisulfite. [;]
[(3) "Manufacturer" means any person, firm or corporation which
produces or grows food and which packages such food for resale or
distribution.]
(b) No person who sells, offers for sale or distributes food, other than
a manufacturer of food, shall add any sulfiting agent, other than an
incidental additive, to any food sold, offered for sale or distributed in
this state.
[(c) Any retailer who displays, sells or offers for sale any bulk display
of unpackaged food, including food displayed in any salad bar, which
food contains any sulfiting agent, shall prominently display a sign
which shall read as follows:
THIS PRODUCT CONTAINS A SULFITING AGENT. SULFITES
MAY CAUSE AN ALLERGIC REACTION IN CERTAIN PERSONS,
PARTICULARLY ASTHMATICS.
Each letter on such sign shall be not less than one-half inch in height
and shall be of the same type, style and color, which color shall contrast
clearly with the background of such sign.]
(c) Each sulfiting agent that is added to any food or to any ingredient
in any food shall comply with the requirements established in 21 CFR
101.100(a)(4), as amended from time to time.
(d) [Any] Except as provided in 21 CFR 101.100, as amended from
time to time, with respect to incidental additives, any manufacturer who
adds a sulfiting agent to any food or to any ingredient in any food, Substitute House Bill No. 6767
Public Act No. 23-99 44 of 51
which sulfiting agent is present in the finished food product, shall
include such sulfiting agent as an ingredient of the food in the ingredient
statement of the label attached to such food product. Such ingredient
statement shall indicate the name of the sulfiting agent and the function
of such sulfiting agent.
Sec. 24. Section 21a-231 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
When used in this section and sections [21a-231] 21a-232 to 21a-236,
inclusive, as amended by this act:
(1) "Bedding" means any mattress, pillow, cushion, quilt, bed pad,
comforter, sleeping bag, upholstered spring bed, box spring, davenport,
bedspring metal couch, metal bed, metal cradle, hammock pillow,
upholstered furniture or other substantially similar article or part
thereof used or intended to be used for sleeping, resting or reclining.
(2) "Commissioner" means the Commiss ioner of Consumer
Protection or such commissioner's designee.
(3) "Department" means the Department of Consumer Protection.
(4) "Fee", "permit fee" and "license fee" mean the respective fees paid
at the time of application for the issuance or renewal of any permit or
license.
(5) "Filling material" means any natural or synthetic fibers or
filaments, down, feathers or other soft material which may be used in
the manufacture of bedding.
(6) "Importer" means any person who imports bedding from outside
the United States.
(7) "Manufacture", "make", or "made" refer to the assembly,
construction or the importation of bedding or filling material for sale. Substitute House Bill No. 6767
Public Act No. 23-99 45 of 51
(8) "Manufacturer" means any person who makes or prepares for sale
or imports bedding, in whole or in part, that contains filling material.
(9) "New" means any filling material or bedding which has not been
previously used for any purpose.
(10) "Person" means an individual, partnership, corporation, limited
liability company, association, receiver or agent.
(11) "Renovate" means addition of new filling material to bedding.
(12) "Renovator" means any person who adds new filling material to
bedding for a fee.
(13) "Sale", "sell", or "sold" means offering or exposing for sale or
exchange or lease or holding in possession with like intent.
(14) "Sanitized" or "method of sanitation" means the direct
application of chemicals to kill pathogenic agents.
(15) "Sterilized" or "method of sterilization" refers to the mitigation of
any infective and deleterious substances including germs, fungi and
insects from bedding or filling material by a process approved by the
commissioner.
(16) "Secondhand" means any filling material or bedding subject to
prior use.
(17) "Secondhand dealer" means any person who sells any
secondhand bedding.
[(18) "Supply dealer" means any person who manufactures,
processes, packages, repackages or otherwise prepares for sale, any
filling or material.]
[(19)] (18) "Upholstered furniture" means any furniture that contains Substitute House Bill No. 6767
Public Act No. 23-99 46 of 51
filling material and is used or intended to be used for sitting, resting or
reclining.
Sec. 25. Subsection (m) of section 21a-232 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(m) No manufacturer, [supply dealer,] renovator, secondhand dealer
or vendor shall deliver any tag required by this chapter unless it is
affixed to an article of bedding or filling material provided that the
commissioner may permit the delivery of unattached tags.
Sec. 26. Subsections (a) to (d), inclusive, of section 21a-233 of the
general statutes are repealed and the following is substituted in lieu
thereof (Effective from passage):
(a) Every article of bedding or filling material offered for sale shall
have attached to it a tag which states: The name, as approved by the
commissioner, of the filling material; whether the filling material is new
or secondhand; the license number of the manufacturer, [supply dealer,]
renovator or secondhand dealer; the name and address of the
manufacturer, [supply dealer,] secondhand dealer, renovator or vendor;
when applicable, the words "contents sterilized" and the permit number
of the sterilizer; and the per cent by weight of each filling material.
Secondhand bedding which has not been renovated may also bear on
the tag the statement "as is–- contents unknown". Nothing other than
the disclosures and statements required or permitted by this chapter
shall appear on the tag.
(b) All tags attached to new bedding and filling material shall be
legibly marked with the date of delivery to the consumer.
(c) Renovated bedding shall bear a tag which, in addition to the other
statements required by this chapter, states: "Renovated for" followed by
the name and address of the person for whom the bedding is renovated, Substitute House Bill No. 6767
Public Act No. 23-99 47 of 51
the name and address of the renovator, the date sterilized, that the
bedding contains the same filling material as when it was received, and
the name and per cent by weight of each filling material added during
renovation.
(d) Each container of filling material shall bear a tag which states: The
name, license number and address of the manufacturer [, supply dealer]
or vendor; the name of the filling material and whether the filling
material is new or secondhand; and, if sterilized, the words "contents
sterilized" and the permit number of the sterilizer. New bedding or new
filling material shall not be transported with secondhand bedding or
secondhand filling material that has not been sterilized.
Sec. 27. Subsections (a) to (c), inclusive, of section 21a-234 of the
general statutes are repealed and the following is substituted in lieu
thereof (Effective from passage):
(a) No person shall act as a manufacturer, [supply dealer,] importer,
renovator or secondhand dealer without first completing an application
and obtaining a numbered license from the commissioner. The license
shall be conspicuously posted in the establishment of the person to
whom the license is issued. A license shall be valid for one year.
(b) Any method of sterilization or sanitation used in connection with
this chapter shall require the prior approval of the commissioner. Each
person who wishes to sterilize or sanitize bedding or filling material
shall complete an application and obtain a numbered permit from the
commissioner. The permit must be conspicuously posted in the
establishment of the person to whom the permit is issued. Each permit
shall cost twenty-five dollars and shall be valid for one year.
(c) Manufacturers shall pay, prior to the issuance or reissuance of a
license, a fee of one hundred dollars. The licensee may then operate as a
manufacturer, [supply dealer,] renovator or secondhand dealer. Substitute House Bill No. 6767
Public Act No. 23-99 48 of 51
[Supply dealers shall pay, prior to the issuance or reissuance of a license,
a fee of one hundred dollars. The licensee may then operate as a supply
dealer, renovator or secondhand dealer.] Renovators shall pay, prior to
the issuance or reissuance of a license, a fee of fifty dollars. The licensee
may then operate as a renovator and secondhand dealer. Secondhand
dealers shall pay, prior to the issuance or reissuance of a license, a fee of
fifty dollars. The licensee may then operate as a secondhand dealer.
Importers shall pay, prior to the issuance or reissuance of a license, a fee
of one hundred dollars.
Sec. 28. Subsection (e) of section 21a-415 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(e) The department may renew a dealer registration issued under this
section that has expired if the applicant pays to the department any
[fine] late fee imposed by the commissioner pursuant to subsection (c)
of section 21a-4, as amended by this act, which [fine] late fee shall be in
addition to the fees prescribed in this section for the dealer registration
applied for. The provisions of this subsection shall not apply to any
dealer registration which is the subject of administrative or court
proceedings.
Sec. 29. Subsection (d) of section 21a-415a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(d) The department may renew a manufacturer registration issued
under this section that has expired for a period of six months or less if
the applicant pays to the department any [fine] late fee imposed by the
commissioner pursuant to subsection (c) of section 21a-4, as amended
by this act, which [fine] late fee shall be in addition to the fees prescribed
in this section for the certificate of manufacturer registration applied for.
The provisions of this subsection shall not apply to any manufacturer Substitute House Bill No. 6767
Public Act No. 23-99 49 of 51
registration which is the subject of administrative or court proceedings.
Sec. 30. Subsection (b) of section 21a-190c of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(b) [A] (1) For a financial statement that is initially due on or before
July 1, 2023, a charitable organization with gross revenue in excess of
five hundred thousand dollars in the year covered by the report shall
include with [its] the charitable organization's financial statement an
audit report of a certified public accountant.
(2) For a financial statement that is initially due after July 1, 2023, a
charitable organization shall include with the charitable organization's
financial statement (A) an attestation that an audit report has been
completed by a certified public accountant if the charitable organization
had gross revenue in excess of one million dollars in the year covered
by such report, or (B) an attestation that an audit or review report has
been completed by a certified public accountant if the charitable
organization had gross revenue in excess of five hundred thousand
dollars but not more than one million dollars in the year covered by such
report.
(3) For the purposes of this [section] subsection, gross revenue shall
not include grants or fees from government agencies or the revenue
derived from funds held in trust for the benefit of the organization.
(4) The commissioner may, upon written request and for good cause
shown, waive the audit or review report requirement under this
subsection.
Sec. 31. Subsection (a) of section 21a-190b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage): Substitute House Bill No. 6767
Public Act No. 23-99 50 of 51
(a) Every charitable organization not exempted by section 21a-190d
shall annually register with the department prior to conducting any
solicitation or prior to having any solicitation conducted on its behalf by
others. Application for registration shall be in a form prescribed by the
commissioner and shall include a nonrefundable application fee of fifty
dollars. Such application shall include: (1) A registration statement, (2)
an annual financial report for such organization for the preceding fiscal
year that is prepared in accordance with the provisions of subsection (a)
of section 21a-190c, and (3) an audited or reviewed financial statement
as required by subsection (b) of section 21a-190c, as amended by this act.
An authorized officer of the organization shall certify that the
statements therein are true and correct to the best of their knowledge. A
chapter, branch or affiliate in this state of a registered parent
organization shall not be required to register provided the parent
organization files a consolidated annual registration for itself and its
chapter, branch or affiliate. Each charitable organization shall annually
renew its registration not later than eleven months after the end of such
organization's fiscal year.
Sec. 32. Subsections (d) to (h), inclusive, of section 42-471 of the
general statutes, as amended by section 5 of public act 23-98, are
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(d) (1) Except as provided in subdivision (2) of this subsection, for
persons who hold a license, registration or certificate issued by, or a
charter subject to the supervision of, a state agency other than the
Department of Consumer Protection, this section shall be enforceable
only by such other state agency pursuant to such other state agency's
existing statutory and regulatory authority.
(2) The provisions of subdivision (1) of this subsection shall not apply
to actions undertaken by the Attorney General. Substitute House Bill No. 6767
Public Act No. 23-99 51 of 51
[(e) Any person or entity that violates the provisions of this section
shall be subject to a civil penalty of five hundred dollars for each
violation, provided such civil penalty shall not exceed five hundred
thousand dollars for any single event. It shall not be a violation of this
section if such violation was unintentional. A violation of this section
shall constitute an unfair trade practice under subsection (a) of section
42-110b, provided the provisions of section 42-110g shall not apply to
such violation. Nothing in this section shall be construed to create a
private right of action.]
(e) (1) A violation of this section shall constitute an unfair trade
practice under subsection (a) of section 42-110b, provided the provisions
of section 42-110g shall not apply to such violation. Nothing in this
section shall be construed to create a private right of action.
(2) In the event of a violation of this section, the Department of
Consumer Protection may conduct an administrative hearing, in
accordance with chapter 54, and impose a civil penalty of not more than
five thousand dollars per violation.
(f) The provisions of this section shall not apply to any agency or
political subdivision of the state.
(g) If a financial institution has adopted safeguards that comply with
the standards established pursuant to Section 501(b) of the Gramm-
Leach-Bliley Act of 1999, 15 USC 6801, then such compliance shall
constitute compliance with the provisions of this section.
(h) Any civil penalties received pursuant to this section may be
deposited into the privacy protection guaranty and enforcement
account established pursuant to section 42-472a.