Researcher: JSB Page 1 3/27/23
OLR Bill Analysis
sHB 6767
AN ACT CONCERNING THE DEPARTMENT OF CONSUMER
PROTECTION'S RECOMMENDATIONS REGARDING LICENSING
AND ENFORCEMENT.
TABLE OF CONTENTS:
SUMMARY
§ 1 — PRICE SIGNAGE FOR SPECIALTY FUELS
Allows specialty fuel prices to be posted per liter or half-gallon, rather than only per gallon
§ 2 — LEASED FUEL TANK REMOVAL DEAD LINE
Sets a 30-day deadline for heating fuel dealers to remove a residential leased fuel tank after
the dealer disconnects it; reduces the maximum fine that DCP may impose on dealers who
do not comply with certain requirements for written contracts
§§ 3-4, 6, 8 & 17 — INQUIRIES ABOUT A CONVICTION AND
CREDENTIALING
Expands the information that people with criminal histories must submit to DCP when
asking if their conviction disqualifies them from obtaining various occupational
credentials
§ 5 — ARCHITECTS WORKING AS INTERIOR DESIGNERS
Specifies the conditions under which an architect working as an interior designer must
comply with continuing education requirements
§ 7 — TRADE LICENSING LAW VIOLATIONS
Increases civil penalties for violations of various licensing laws, including those on
apprentice hiring; gives the DCP commissioner new enforcement options for violations of
apprentice hiring laws
§ 9 — NEW HOME CONST RUCTION CONTRACTORS
Establishes that registrations renewed during the transition year from biennial to annual
credentialing will be effective for 18 months and cost $180
§§ 10-16 — HOME IMPROVEMENT CONTRACTORS AND
SALESPERSONS
Modifies requirements for getting and maintaining a contractor or salesperson
registration; increases civil penalties for violating related laws
§§ 18 & 19 — HOMEMAKER -COMPANION AGENCIES
Expands disclosure requirements for homemaker-companion agencies, such as when an
agency changes service rates or ceases operations; requires background checks of certain
prospective agency owners 2023HB-06767-R000229-BA.DOCX
Researcher: JSB Page 2 3/27/23
§§ 20 & 28-29 — UNTIMELY CREDENTIAL RENE WALS
Revises the process and requirements for renewing a lapsed DCP credential
§ 21 — DCP COMMISSIONER ENFORCEMENT POWE RS
Provides a broad grant of subpoena power to the DCP commissioner; exempts from
disclosure under the Freedom of Information Act records related to pending enforcement
actions or investigations
§§ 22 & 23 — FOOD WITH ADDED SULFITING AGENTS
Aligns the state’s Uniform Food, Drug and Cosmetic Act with federal requirements on
sulfiting agents in foods
§§ 24-27 — BEDDING SUPPLY DEALER CREDENT IAL
Eliminates an obsolete license for bedding supply dealers
BACKGROUND
SUMMARY
This bill makes various changes to the Department of Consumer
Protection’s (DCP) credentialing and enforcement laws, including:
1. expanding the DCP commissioner’s enforcement powers, such as
giving the commissioner broad subpoena authority and
establishing enforcement powers specifically for apprentice law
violations;
2. standardizing the process for renewing lapsed DCP credentials
and adding requirements for completing required continuing
education;
3. expanding the information that must be submitted to DCP for it
to determine whether a criminal history may preclude
credentialing;
4. setting a deadline for the removal of leased fuel tanks and
lowering the fine for certain heating fuel contract violations; and
5. requiring homemaker-companion agencies to notify clients and
DCP before making certain changes to, or terminating, services.
EFFECTIVE DATE: Upon passage
§ 1 — PRICE SIGNAGE FOR SPECIALTY FUELS 2023HB-06767-R000229-BA.DOCX
Researcher: JSB Page 3 3/27/23
Allows specialty fuel prices to be posted per liter or half-gallon, rather than only per gallon
The bill allows sellers of specialty engine fuel (e.g., racing fuel and
fuel for agricultural or other off-road applications) to post prices per
half-gallon or liter instead of per gallon, as current law requires. This
authorization only applies if the fuel is not subject to a quality or
usability standard set by the American Society for Testing and Materials
or another national consensus quality or usability standard.
§ 2 — LEASED FUEL TANK REMOVAL DEADLINE
Sets a 30-day deadline for heating fuel dealers to remove a residential leased fuel tank after
the dealer disconnects it; reduces the maximum fine that DCP may impose on dealers who
do not comply with certain requirements for written contracts
The bill requires heating fuel dealers that lease or lend a heating fuel
tank and associated equipment to a consumer to remove the tank and
equipment from the consumer’s residential premises within 30 days
after the dealer disconnects the tank and equipment. A dealer who
violates this requirement may be subject to a fine of up to $250, payable
through the Centralized Infractions Bureau. A violation is also an unfair
trade practice (see BACKGROUND).
The bill also reduces the penalty for violating existing law’s
provisions setting forth the basic requirements for written contracts
between these dealers and consumers. Currently, dealers who fail to
comply with the law’s requirements must be fined, and the fine ranges
from a maximum of $500 to $1,500, depending on the number of other
recent violations. The bill instead imposes the possibility of a fine of up
to $250, payable through the Centralized Infractions Bureau. Under
existing law and the bill, it is also an unfair trade practice (see
BACKGROUND).
Heating fuel dealers are individuals or companies that sell at retail
heating fuel (i.e., a petroleum-based fuel used primary for residential
heating or domestic hot water) (CGS § 16a-17).
§§ 3-4, 6, 8 & 17 — INQUIRIES ABOUT A CO NVICTION AND
CREDENTIALING
Expands the information that people with criminal histories must submit to DCP when
asking if their conviction disqualifies them from obtaining various occupational
credentials 2023HB-06767-R000229-BA.DOCX
Researcher: JSB Page 4 3/27/23
PA 22-88 created a process for people who were convicted of a crime
to learn if their conviction would disqualify them from getting various
occupational licenses, certificates, and permits. Under current law,
someone making this request must submit (1) details on the conviction
and (2) any required payment (up to $15 per request, which is waivable).
The bill modifies these procedures for the following DCP-credentialed
professions:
1. public accountants (§ 3);
2. architects (§ 4);
3. tradespeople in the following fields: elevator installation, repair,
and maintenance; fire protection sprinkler systems; flat glass
work; gas hearth; heating, piping, and cooling; irrigation;
plumbing and piping; residential stair lift; sheet metal; solar;
swimming pool; and electrical (§ 6);
4. major contractors (§ 8); and
5. public service gas technicians (§ 17).
Under the bill, someone making a request to determine if a conviction
precludes credentialing must (1) apply on a DCP prescribed form and
(2) agree to and pay for a state and national criminal history records
check. The bill maintains current law’s requirement that the person
provide details on the conviction and pay a processing fee of up to $15,
but eliminates the possible fee waiver. The bill also specifies that the
department’s timeline to respond to requests is triggered by the
submission of a complete application.
§ 5 — ARCHITECTS WOR KING AS INTERIOR DESIGNERS
Specifies the conditions under which an architect working as an interior designer must
comply with continuing education requirements
The bill specifies that licensed architects who complete the required
continuing education (CE) requirements for architects do not need to
complete those for interior design work unless they hold an interior
designer certificate of registration. By law, architects are allowed to use 2023HB-06767-R000229-BA.DOCX
Researcher: JSB Page 5 3/27/23
the title “interior designer” without obtaining the credential (CGS § 20-
377l).
The bill also specifies that if a licensed architect is also a registered
interior designer, then he or she must comply with the CE requirements
for interior designers.
§ 7 — TRADE LICENSING LAW VIOLATIONS
Increases civil penalties for violations of various licensing laws, including those on
apprentice hiring; gives the DCP commissioner new enforcement options for violations of
apprentice hiring laws
Civil Penalties for Violations of Trade Licensing Laws
After notice and a hearing, existing law allows trade examining
boards and the DCP commissioner to impose civil penalties for:
1. engaging in work without the appropriate trade license or
apprentice registration certificate, or with an expired one;
2. willfully employing or supplying for employment an unlicensed
or unregistered person;
3. willfully and falsely pretending to qualify for work that requires
a trade credential that one does not have; or
4. violating other provisions of the trade licensing laws or
regulations.
Under current law, a first violation subjects the violator to a penalty
of up to $1,000; a second violation to a penalty of up to $1,500; and a
third or subsequent violation occurring less than three years after a
previous violation to a $3,000 penalty. The bill instead sets the
maximum penalty for a violation at $3,000, regardless of if it is a first or
subsequent one. Unchanged by the bill, an improperly registered
apprentice is not penalized for a first offense.
Apprentice Hiring Law Violations
By law, apprentices in certain trades and their employers must
participate in the state Department of Labor’s (DOL) occupational
apprenticeship program (see BACKGROUND). The bill gives the DCP 2023HB-06767-R000229-BA.DOCX
Researcher: JSB Page 6 3/27/23
commissioner new enforcement options for situations in which
employers (1) offer apprenticeships without registering with the DOL’s
apprenticeship program or (2) do not verify that an apprentice is
registered with DOL. Specifically, the bill allows the commissioner to:
1. issue a cease and desist order to a person who advertises, offers,
engages in, or practices the work of an apprenticeship training
program, for the purpose of providing the experience necessary
to obtain a journeyperson’s license, without first registering the
employer and program with DOL;
2. issue a cease and desist order to a registered employer who
employs a person as an apprentice without first verifying that he
or she is registered as an apprentice with DOL; and
3. for either of the above violations, after a hearing, impose a fine of
up to $5,000 per violation.
Under existing law, it is a:
1. Connecticut Unfair Trade Practices Act (CUTPA) violation to fail
to comply with trade licensing laws, including those on
apprentice hiring (see BACKGROUND) and
2. class B misdemeanor to willfully engage in work that requires an
apprentice registration certificate without one (punishable by up
to six months imprisonment, a $1,000 fine, or both).
The bill also modifies how civil penalties for violations of the
licensing statutes, including the apprentice hiring laws, are applied (see
above).
§ 9 — NEW HOME CONST RUCTION CONTRACTORS
Establishes that registrations renewed during the transition year from biennial to annual
credentialing will be effective for 18 months and cost $180
Under existing law, certain new home construction contractor
registrations are valid for two years and will expire on September 30,
2023. After that, under the provisions of a 2021 law, new home
construction contractor registrations expire on March 31 annually. 2023HB-06767-R000229-BA.DOCX
Researcher: JSB Page 7 3/27/23
The bill establishes that registrations renewed during the transition
year will be effective for 18 months and cost $180 (for one-year
registrations, the fee is $120). Additionally, registrants for the
transitional 18-month license must make a prorated contribution of $360
to the New Home Construction Guaranty Fund (for one -year
registrations, the fee is $240). Lastly, the bill specifies that new home
construction contractors that also do the work of a home improvement
contractor must make a prorated contribution of $150 to the Home
Improvement Guaranty Fund (for one-year registrations, the fee is
$100).
§§ 10-16 — HOME IMPR OVEMENT CONTRACTORS AND
SALESPERSONS
Modifies requirements for getting and maintaining a contractor or salesperson
registration; increases civil penalties for violating related laws
Home Improvement Businesses (§ 12)
The bill specifies a home improvement contractor that is not an
individual can be structured as any business entity; it does not have to
be structured as a corporation. It makes related changes to specify that
a home improvement contractor that is a legal entity must give DCP a
list of its individual owners.
The bill requires a home improvement contractor, structured as a
legal entity, to maintain a list of its employees and contractors, and all
employment documents associated with them, in an auditable format
for at least four taxable years. These businesses must, upon the
commissioner’s or his or her representative’s request, (1) immediately
make the list and documents available for inspection and copying and
(2) produce copies of the list and documents within two business days,
if requested. The documents and copies must be provided in electronic
format unless it is not commercially practical.
Registration Information Provided to DCP (§§ 11 & 13)
The bill requires home improvement contractors to provide (1) an
email address when applying to DCP for a registration and (2) certain
conviction history disclosures, as described below. 2023HB-06767-R000229-BA.DOCX
Researcher: JSB Page 8 3/27/23
The bill also requires a registered home improvement contractor or
salesperson to update, through DCP’s online licensing system and
within 30 days of a change, any application information given as part of
a registration (e.g., contact or insurance information, or criminal
history). If the contractor is a business entity, the bill specifies that this
applies to the criminal histories of the business’s owners.
Disclosing Criminal Convictions (§§ 12-14)
The bill requires home improvement contractors, when applying to
DCP for a registration, to disclose whether they (or an owner in the case
of a business entity) was found guilty or convicted of an act that (1) is a
felony under Connecticut or federal law or (2) was committed in another
jurisdiction but, if committed in Connecticut, would be a felony. By law,
state agencies may only take action related to a credential against a
person found guilty or convicted of a felony if the decision is based on
(1) the conviction’s nature, (2) its relationship to the practitioner’s ability
to perform the occupation’s duties or responsibilities safely or
competently, (3) information about the practitioner’s degree of
rehabilitation, and (4) the time passed since the conviction or release.
Following a felony conviction of an individual registrant or a
business owner, if the commissioner makes the decision in keeping with
the above four considerations, the bill specifically allows the
commissioner to revoke, suspend, or refuse to issue or renew a home
improvement salesperson’s or contractor’s registration; place the
registrant on probation; or issue a letter of reprimand.
Civil Penalties (§ 15)
The bill eliminates current law’s graduated civil penalty scheme and
replaces it with a maximum penalty of $1,500.
By law, after notice and a hearing, the commissioner may impose civil
penalties for:
1. engaging in work that requires a registration without having an
active one,
2. willfully employing or supplying for employment an 2023HB-06767-R000229-BA.DOCX
Researcher: JSB Page 9 3/27/23
unregistered person,
3. willfully and falsely pretending to qualify for work that requires
a registration that one does not have, or
4. violating other provisions of the trade licensing laws or
regulations.
Currently, a first violation subjects the violator to a penalty of up to
$500; a second violation within three years of the first to a penalty of up
to $750; and a third or subsequent violation within three years after a
previous violation to a $1,500 penalty. The bill keeps the maximum
penalty ($1,500) for these violations but applies it to any violation. The
bill also eliminates a provision setting the minimum penalty for a radon
mitigation work related violation at $250.
Technical Changes (§§ 10, 12 & 16)
The bill makes technical and conforming changes.
§§ 18 & 19 — HOMEMAKER-COMPANION AGENCI ES
Expands disclosure requirements for homemaker-companion agencies, such as when an
agency changes service rates or ceases operations; requires background checks of certain
prospective agency owners
Disclosures to Clients (§§ 18 & 19)
The bill adds disclosure requirements for homemaker-companion
agencies. It requires agencies to give at least 60 days’ written notice to a
client or their representative before changing a service rate. If the
disclosure is not made, the charge is unenforceable. The bill also
requires agencies to:
1. disclose in writing to a person scheduled to receive services (or
his or her authorized representative), the full legal name of the
employee who will provide the services, before the employee
enters the client’s home and
2. include in the contract, which by law must be provided within
seven days after beginning services, notice that the agency must
give at least 60 days’ written notice before changing service rates. 2023HB-06767-R000229-BA.DOCX
Researcher: JSB Page 10 3/27/23
Additionally, at least 10 days before a homemaker-companion
agency unilaterally stops providing services to a Connecticut client, the
bill requires the agency to notify the person in writing, explaining how
he or she (1) may transition to alternative care and (2) will be reimbursed
for any prepaid services. The notice must also have contact information
for the person to get more information from the agency.
Sale, Change in Ownership, or Ceasing Operations (§§ 18 & 19)
Existing law requires applicants for a homemaker-companion agency
registration to submit to a state and national criminal history check (CGS
§ 20-672). The bill also generally requires, before any sale or change in
ownership of an agency, each proposed new owner or, if a proposed
new owner is a business entity, the individuals who own the entity, to
submit to state and national criminal history records checks. The bill
exempts a proposed new owner from this requirement if he or she:
1. owns less than 10% of the shares or other equity interests in any
publicly listed or traded homemaker-companion agency and will
not engage in the agency’s day-to-day operations or direct its
management and policies or
2. owns less than 5% of the shares or other equity interests in any
private homemaker-companion agency and will not engage in
the agency’s day-to-day operations or its direct management and
policies.
The bill also makes a background check unnecessary if the
commissioner waives the requirement that a new agency application be
filed under the general registration law, CGS § 20-672.
Under the bill, at least 10 days before a homemaker-companion
agency stops providing all services in Connecticut it must notify DCP in
writing, which must include contact information that it may use to
contact the agency to get more information.
§§ 20 & 28-29 — UNTIMELY CREDENTIAL RENE WALS
Revises the process and requirements for renewing a lapsed DCP credential
The bill revises the process for renewing a DCP credential after the 2023HB-06767-R000229-BA.DOCX
Researcher: JSB Page 11 3/27/23
deadline for doing so has passed by setting a broadly applicable 90-day
threshold for untimely renewals that can be obtained without DCP
reinstatement.
Under current law, if a person allows a DCP credential to lapse and
the period for automatic reinstatement has ended (or the law did not
specify one), the person can apply to DCP for reinstatement. Generally,
DCP can reinstate the credential (without examination, if applicable)
only if fewer than three years passed since the deadline for automatic
reinstatement. But in the case of licenses specifically, the law does not
have a three-year limit. So, under current law, the department has
discretion to reinstate a lapsed license without examination.
Late Renewals
Under the bill, if a renewal application is submitted within 90 days of
the credential’s expiration, the applicant has to pay existing law’s late
fee (i.e., 10% of the renewal fee, up to $100, but at least $10), but does not
need to apply for reinstatement.
Reinstatement
If more than 90 days (or another period specified in law for automatic
reinstatement) elapse, but fewer than three years, the bill requires an
application for reinstatement. As under existing law, it is within DCP’s
discretion whether to reinstate the credential. The bill eliminates DCP’s
authority to reinstate a license that lapsed for more than three years. It
also specifies that one cannot apply for a new license instead of using
the bill’s reinstatement process in the three-year period during which
the reinstatement process applies.
Under the bill, reinstatement requirements vary depending on
whether the person worked in the field without a required credential.
The bill applies the same free structure as currently applies to
reinstatements but adds continuing education requirements. So, under
the bill:
1. if the applicant did not work, he or she must (a) pay the current
year’s renewal fee for reinstatement and (b) take any continuing 2023HB-06767-R000229-BA.DOCX
Researcher: JSB Page 12 3/27/23
education required for the year of, and the year before, the
reinstatement; and
2. if the applicant worked, he or she must (a) pay all license and late
fees due for the period in which the credential was lapsed and (b)
show completion of all continuing education required for the
year before reinstatement.
The bill also makes conforming changes in the e-cigarette and vaping
product laws that refer to the late fee (§§ 28-29).
§ 21 — DCP COMMISSIONER ENFORCEMENT POWE RS
Provides a broad grant of subpoena power to the DCP commissioner; exempts from
disclosure under the Freedom of Information Act records related to pending enforcement
actions or investigations
By law, the DCP commissioner and any deputy or assistant has broad
power to enforce the consumer protection laws over which DCP has
jurisdiction. The bill expands these powers by authorizing the
commissioner and the commissioner’s representatives to subpoena
witnesses and require the production of records, papers, and documents
pertinent to an investigation or inquiry. (By law, the DCP commissioner
may also issue subpoenas under the powers granted by CUTPA.)
The bill also makes all records, papers, and documents obtained
during a DCP investigation or enforcement action confidential and not
subject to disclosure under the Freedom of Information Act until the
investigation or enforcement action is adjudicated or otherwise settled
or closed.
§§ 22 & 23 — FOOD WITH ADDED SULFITING AGENTS
Aligns the state’s Uniform Food, Drug and Cosmetic Act with federal requirements on
sulfiting agents in foods
The bill updates the state’s Uniform Food, Drug and Cosmetic Act to
conform to federal law and regulations on sulfiting agents in foods (e.g.,
sulfur dioxide, sodium sulfite, or sodium bisulfite). Specifically, it
eliminates a provision specifying that food is adulterated if it has added
sulfiting agents and instead allows for their addition as an “incidental
additive,” as defined and permitted under federal law. Under federal 2023HB-06767-R000229-BA.DOCX
Researcher: JSB Page 13 3/27/23
law, these are generally additives that are present in a food at
insignificant levels and have no technical or functional effect in that
food, such as processing aids.
The bill correspondingly (1) eliminates requirements for warning
consumers that sulfiting agents are present in bulk, unpackaged food
and (2) specifies when manufactures must list the agents as ingredients.
§§ 24-27 — BEDDING SUPPLY DEALER CREDENTIAL
Eliminates an obsolete license for bedding supply dealers
The bill eliminates an obsolete license for supply dealers, which
under current law are people who manufacture, process, package,
repackage, or otherwise prepare for sale natural or synthetic fibers,
feathers, or other soft material used to manufacture bedding. Bedding
includes mattresses, pillows, quilts, and upholstered furniture used for
sleeping, resting, or reclining. Existing law, unchanged by the bill,
requires a license before operating as a bedding:
1. manufacturer (i.e., someone who makes, prepares for sale, or
imports bedding that contains filling material);
2. importer (i.e., someone who imports bedding from outside the
United States);
3. renovator (i.e., someone who adds new filling material to
bedding for a fee); or
4. secondhand dealer (i.e., someone who sells secondhand
bedding).
BACKGROUND
Related Bills
sSB 135 (File 95), reported favorably by the General Law Committee,
caps at $100 various annual and biennial DCP occupational
credentialing fees for individuals, such as contractors in the trades.
sSB 1025 (File 104), reported favorably by the Aging Committee,
implements various recommendations from the Homemaker - 2023HB-06767-R000229-BA.DOCX
Researcher: JSB Page 14 3/27/23
Companion Task Force, including requiring DCP to (1) revoke a
homemaker-companion agency’s registration if it violates certain
statutory requirements three times in a calendar year, (2) develop
training standards for the agencies’ employees, (3) identify training
programs that teach these standards, and (4) develop a plan to
implement mandatory training standards.
Connecticut's Apprenticeship Program
States administer apprenticeship programs within a framework set
by federal law. DOL administers Connecticut’s apprenticeship program
through its Office of Apprenticeship Training (OAT). Programs must
meet all the minimum requirements set by OAT, the State Department
of Education, and DCP.
Apprenticeship programs may be sponsored by an employer or a
union-employer joint committee. An employer can sponsor an
apprenticeship program only if it registers with, and is approved by,
DOL. Apprentices register with DOL through approved employers.
When they register, apprentices receive a registration form that contains
the agreement between the employer and apprentice, spelling out each
party’s responsibilities (CGS §§ 31-22m to 31-22v; Conn. Agencies Regs.,
§§ 31-51d-1 to -12).
Connecticut Unfair Trade Practices Act (CUTPA)
The law prohibits businesses from engaging in unfair and deceptive
acts or practices. CUTPA allows the consumer protection commissioner
to issue regulations defining what is an unfair trade practice, investigate
complaints, issue cease and desist orders, order restitution in cases
involving less than $10,000, enter into consent agreements, ask the
attorney general to seek injunctive relief, and accept voluntary
statements of compliance. It also allows individuals to sue. Courts may
issue restraining orders; award actual and punitive damages, costs, and
reasonable attorney’s fees; and impose civil penalties of up to $5,000 for
willful violations and $25,000 for violation of a restraining order.
COMMITTEE ACTION
General Law Committee 2023HB-06767-R000229-BA.DOCX
Researcher: JSB Page 15 3/27/23
Joint Favorable Substitute
Yea 22 Nay 0 (03/07/2023)