Connecticut 2023 2023 Regular Session

Connecticut House Bill HB06767 Comm Sub / Analysis

Filed 05/24/2023

                     
Researcher: JSB 	Page 1 	5/24/23 
 
 
 
 
OLR Bill Analysis 
sHB 6767 (as amended by House "A")*  
 
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 DEADLINE 
Sets a 30-day deadline for heating fuel dealers to remove a residential leased fuel tank after 
the consumer terminates service 
§§ 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 CONTR ACTORS AND 
SALESPERSONS 
Modifies requirements for getting and maintaining a contractor or salesperson 
registration; increases civil penalties for violating related laws 
§§ 18 & 19 — HOMEMAKER-COMPANION AGENCIE S 
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-R01-BA.DOCX 
 
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§§ 20 & 28-29 — UNTIMELY CREDENTIAL RENEWALS 
Revises the process and requirements for renewing a lapsed DCP credential 
§ 21 — PENDING ACTIONS AND THE FREEDOM OF INFORMATION 
ACT 
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 
§§ 30 & 31 — CHARITABLE ORGANIZATIONS AU DIT 
REQUIREMENT 
Raises the revenue threshold above which a registered charitable organization must submit 
to a formal audit, while allowing smaller organizations to instead submit to a CPA’s 
financial “review report” 
§ 32 — CONSUMER PRIVACY AND SAFEGUARDING 
REQUIREMENTS 
Makes changes to SB 1058, as amended by Senate Amendment “A,” § 5, further 
modifying the penalty and enforcement mechanism for personal information safeguarding 
requirements 
 
 
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  
establishing them 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;  2023HB-06767-R01-BA.DOCX 
 
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5. requiring homemaker-companion agencies to notify clients and 
DCP before making certain changes to, or terminating, services; 
6. raising the revenue threshold above which a registered charitable 
organization must submit to a formal audit; and 
7. modifying the penalty and enforcement mechanism for certain 
personal information safeguarding requirements. 
*House Amendment “A” (1) modifies the provisions on leased fuel 
tank removal and reinstates the current penalty for violations of certain 
written contract provisions; (2) modifies the provisions on inquiries 
about prior convictions and credentialing, including eliminating a 
requirement that applicants pay for the service; (3) clarifies the 
homemaker-companion agency provisions, including adding 
exceptions to a requirement that clients receive advance notice of 
unilateral termination of services and delaying the effective date; (4) 
eliminates a provision in the underlying bill giving the DCP 
commissioner a broad grant of subpoena power; and (5) adds the 
provisions on charitable organizations’ financial statements and 
personal information safeguarding requirements. 
EFFECTIVE DATE: Upon passage , except the provisions on 
homemaker-companion agencies are effective October 1, 2023, and 
those on data safeguarding are effective July 1, 2023.  
§ 1 — PRICE SIGNAGE FOR SPECIALTY FUELS  
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 consumer terminates service  2023HB-06767-R01-BA.DOCX 
 
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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 consumer terminates the fuel delivery service. 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).  
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  
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).  2023HB-06767-R01-BA.DOCX 
 
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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 a state and national criminal history records check. The bill 
maintains current law’s requirement that the person give details on the 
conviction but eliminates the requirement that they pay a waivable 
processing fee of up to $15. 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 
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  2023HB-06767-R01-BA.DOCX 
 
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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 
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  2023HB-06767-R01-BA.DOCX 
 
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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.  
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  2023HB-06767-R01-BA.DOCX 
 
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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.   
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.  2023HB-06767-R01-BA.DOCX 
 
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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 
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 AGENCIE S   2023HB-06767-R01-BA.DOCX 
 
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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 (unless there 
is also a change in the level or type of services). 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.   
Additionally, with exceptions, 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. The bill allows exceptions to this requirement if: 
1. the client, his or her authorized representative, or someone else 
living with the client or with access to his or her home verbally 
or physically abused, threatened, or otherwise mistreated an 
agency employee;  
2. providing homemaker or companion services would place the 
agency at risk of failing to comply with an applicable local, state, 
or federal law (e.g., antidiscrimination, employment, health, or 
occupational safety laws); or 
3. the client failed to pay for homemaker or companion services as  2023HB-06767-R01-BA.DOCX 
 
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required under the written contract or service plan. 
Consequently, in these circumstances, the agency can stop providing 
services without giving the 10 days’ notice the bill otherwise requires.   
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 
deadline for doing so has passed by setting a broadly applicable 90-day 
threshold for untimely renewals that can be obtained without DCP  2023HB-06767-R01-BA.DOCX 
 
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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 
education required for the year of, and the year before, the 
reinstatement; and  2023HB-06767-R01-BA.DOCX 
 
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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 — PENDING ACTIONS AND THE FREEDOM OF INFOR MATION 
ACT 
Exempts from disclosure under the Freedom of Information Act records related to pending 
enforcement actions or investigations  
The bill 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 
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 CREDENT IAL  
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,  2023HB-06767-R01-BA.DOCX 
 
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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). 
§§ 30 & 31 — CHARITABLE ORGANIZATIONS AU DIT 
REQUIREMENT 
Raises the revenue threshold above which a registered charitable organization must submit 
to a formal audit, while allowing smaller organizations to instead submit to a CPA’s 
financial “review report” 
Currently, under the Connecticut Solicitation of Charitable Funds 
Act, charitable organizations with more than $500,000 in annual gross 
revenue must include a CPA’s audit report in the annual financial report 
they submit as part of the DCP registration process. Under the bill, 
beginning with annual reports due after July 1, 2023:  
1. organizations with over $1 million in gross revenue must only 
attest in their annual report that the organization was subject to 
a CPA’s audit and  
2. organizations with gross revenues over $500,000 and not 
exceeding $1 million can instead attest that they were subject to 
a CPA’s financial review report. 
§ 32 — CONSUMER PRIV ACY AND SAFEGUARDING 
REQUIREMENTS   2023HB-06767-R01-BA.DOCX 
 
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Makes changes to SB 1058, as amended by Senate Amendment “A,” § 5, further 
modifying the penalty and enforcement mechanism for personal information safeguarding 
requirements 
Existing law requires people in possession of certain types of 
personal information to (1) safeguard the data, and computer files and 
documents containing it, from misuse by third parties and (2) destroy, 
erase, or make the data, computer files, and documents unreadable 
before disposing of them. These safeguarding requirements apply to 
information associated with a particular individual through one or more 
identifiers (e.g., Social Security numbers, driver’s license numbers, state 
identification card numbers, account numbers, debit or credit card 
numbers, passport numbers, alien registration numbers, health 
insurance identification numbers, or any military identification 
information).  
The bill changes the penalty and, in some cases, the enforcement 
mechanism for these safeguarding requirements. Currently, violators 
are subject to a $500 civil penalty for each violation, up to $500,000 for a 
single event, and penalties only apply if the violation was intentional. 
The bill instead makes a violation an unfair trade practice under 
CUTPA. Among other things, CUTPA allows the DCP commissioner to 
investigate complaints, issue cease and desist orders, and order 
restitution in certain cases. While individuals generally can sue under 
CUTPA, the bill specifies that it does not create a private right of action 
and disallows individuals and classes from suing under it. Under 
CUTPA, 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 restraining 
order violations (CGS § 42-110a et seq., see BACKGROUND). 
The bill additionally allows DCP to conduct an administrative 
hearing and impose a civil penalty of up to $5,000 per violation. 
Under current law, DCP enforces safeguarding requirements, unless 
the person possessing data is supervised by another state agency under 
a license, registration, or certificate. In that case, the other state agency 
enforces them. The bill exempts the attorney general’s actions from 
these provisions. Additionally, it allows, rather than requires, civil  2023HB-06767-R01-BA.DOCX 
 
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penalties to be deposited into the privacy protection guaranty and 
enforcement account. 
BACKGROUND 
Related Bills 
sSB 135 (File 95), reported favorably by the General Law Committee, 
caps at $100 various annual and bi ennial DCP occupational 
credentialing fees for individuals, such as contractors in the trades. 
sSB 1025 (File 104), as amended by Senate Amendment “A” and 
passed by the Senate, makes various changes to the homemaker-
companion laws, including (1) requiring DCP to revoke a homemaker-
companion agency’s registration if it violates certain statutory 
requirements frequently, (2) specifying how agencies may market their 
services and requiring them to include certain information in their client 
contracts or service plans, and (3) requiring the Office of Policy and 
Management to develop a plan to transition oversight of these agencies 
to the Department of Public Health. 
sSB 1058 (Files 204 and 676), as amended by Senate Amendment “A” 
and passed by the Senate, contains identical provisions on charitable 
organizations’ financial statements (§§ 16 & 17) and related provisions 
on consumer privacy data safeguarding (§ 5). 
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  2023HB-06767-R01-BA.DOCX 
 
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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 
Joint Favorable Substitute 
Yea 22 Nay 0 (03/07/2023)