O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 23-99—sHB 6767
General Law Committee
AN ACT CONCERNING TH E DEPARTMENT OF CONS UMER
PROTECTION'S RECOMME NDATIONS REGARDING L ICENSING
AND ENFORCEMENT
TABLE OF CONTENTS:
§ 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 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 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 O L R P U B L I C A C T S U M M A R Y
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§§ 20 & 28-29 — UNTIMELY CREDENTIAL RENE WALS
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 PA 23-98, § 5, modifying the penalty and enforcement mechanism for personal
information safeguarding requirements
SUMMARY: This act makes various changes in the Department of Consumer
Protection’s (DCP) credentialing and enforcement laws, including:
1. expanding the DCP commissioner’s enforcement powers (e.g., to
specifically cover apprentice hiring 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;
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 have a formal audit; and
7. modifying the penalty and enforcement mechanism for certain 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 act allows sellers of specialty engine fuel (e.g., racing fuel and fuel for O L R P U B L I C A C T S U M M A R Y
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agricultural or other off-road applications) to post prices per half-gallon or liter
instead of per gallon, as prior law required. 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.
Likewise, the act makes a conforming change allowing signs indicating a cash
discount for these lesser gas amounts.
§ 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
The act 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. The act 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 act, someone asking whether a conviction precludes credentialing
must (1) make a request on a DCP prescribed form and (2) agree to a state and
national criminal history records check. The act maintains existing 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 act also
specifies that the department’s timeline to respond to requests is triggered by the
submission of a complete application. O L R P U B L I C A C T S U M M A R Y
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§ 5 — ARCHITECTS WORKING AS INTERIOR DESIGNERS
Specifies the conditions under which an architect working as an interior designer must comply
with continuing education requirements
The act 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 may use the title “interior designer” without obtaining the
credential (CGS § 20-377l).
The act 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. By law, a registered interior designer must complete at least four hours
of CE every three years (CGS § 20-377s).
§ 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.
Prior law imposed penalties based on the frequency of the violations: up to (1)
$1,000 for a first violation, (2) $1,500 for a second violation, and (3) $3,000 for a
third or subsequent violation occurring less than three years after a previous
violation. The act instead sets the maximum penalty for a violation at $3,000,
regardless of whether it is a first or subsequent one. As under existing law, 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 act 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 act allows the commissioner to: O L R P U B L I C A C T S U M M A R Y
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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 providing
the experience needed for 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 (see Table on Penalties).
The act 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 act 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 act 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 IMPROVEMENT 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 act specifies that 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, partnership, or limited liability company. It makes related changes to
specify that a home improvement contractor that is a legal entity must give DCP a O L R P U B L I C A C T S U M M A R Y
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list of its individual owners.
The act 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 them 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 act 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.
It 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 act
specifies that this applies to the criminal histories of the business’s individual
owners.
Disclosing Criminal Convictions (§§ 12-14)
The act 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 and would be a felony if
committed in Connecticut. By law, state agencies may only take disciplinary action
against the credential of 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 act 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 act eliminates prior law’s graduated civil penalty schedule and replaces it
with a maximum penalty of $1,500.
By law, after notice and a hearing, the commissioner may impose civil penalties
for: O L R P U B L I C A C T S U M M A R Y
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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.
Prior law imposed penalties of up to (1) $500 for a first violation, (2) $750 for
a second violation within three years of the first, and (3) $1,500 for a third or
subsequent violation within three years after a previous violation. The act keeps the
maximum penalty ($1,500) for these violations but applies it to any violation. The
act also eliminates a provision setting the minimum penalty for a radon mitigation
work related violation at $250.
Technical Changes (§§ 10, 12 & 16)
The act makes technical and conforming changes.
§§ 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
Disclosures to Clients (§§ 18 & 19)
The act adds disclosure requirements for homemaker-companion agencies. It
requires agencies to give at least 60 days’ written notice to a client or his or her
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 act 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.
In addition, at least 10 days before a homemaker-companion agency
unilaterally stops providing services to a Connecticut client, the act generally
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 act 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 O L R P U B L I C A C T S U M M A R Y
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3. the client failed to pay for homemaker or companion services as 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 act 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 act also generally requires, before any sale or change in ownership of an
agency, that each proposed new owner or, if a proposed new owner is a business
entity, the individuals who own the entity, submit to state and national criminal
history records checks. The act 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 act 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 act, a homemaker-companion agency must notify DCP in writing at
least 10 days before it stops providing all services in Connecticut. This must include
contact information that DCP may use to contact the agency for more information.
§§ 20 & 28-29 — UNTIMELY CREDENTIAL RENE WALS
Revises the process and requirements for renewing a lapsed DCP credential
The act 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 reinstatement.
Under prior law, if a person allowed a DCP credential to lapse and the period
for automatic reinstatement ended (or the law did not specify one), the person could
apply to DCP for reinstatement. Generally, DCP could 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 did not have a three-year limit. So, under prior law, the department had
discretion to reinstate a lapsed license without examination.
Late Renewals
Under the act, if a renewal application is submitted within 90 days after the
credential’s expiration, the applicant must 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 O L R P U B L I C A C T S U M M A R Y
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reinstatement.
Reinstatement
If more than 90 days (or another period specified in law for automatic
reinstatement) pass, but fewer than three years, the act requires an application for
reinstatement. As under existing law, DCP has discretion whether to reinstate the
credential. The act 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 act’s reinstatement process during the three-year period in
which the reinstatement process applies.
Under the act, reinstatement requirements vary depending on whether the
person worked in the field without a required credential. The act applies the same
fee structure as prior law applied to reinstatements but adds continuing education
requirements. So, under the act:
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
2. if the applicant worked, he or she must (a) pay all credential 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 act 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 INFORMATION ACT
Exempts from disclosure under the Freedom of Information Act records related to pending
enforcement actions or investigations
The act 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, 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 act 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 O L R P U B L I C A C T S U M M A R Y
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processing aids.
The act correspondingly (1) eliminates requirements for warning consumers
that sulfiting agents are present in bulk, unpackaged food and (2) specifies when
manufacturers must list the agents as ingredients.
§§ 24-27 — BEDDING SUPPLY DEALER CREDENT IAL
Eliminates an obsolete license for bedding supply dealers
The act eliminates an obsolete license for supply dealers, which prior law
defined as 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 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”
Under prior law, charitable organizations with more than $500,000 in annual
gross revenue had to include a certified public accountant’s (CPA) audit report in
the annual financial report they submit as part of the DCP registration process.
Under the act, 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 a CPA completed the audit and
2. organizations with gross revenues between $500,000 and $1 million can
instead attest that a CPA completed an audit or financial review report.
Background — Related Act
PA 23-98, §§ 16 & 17, contains identical provisions on charitable organizations.
§ 32 — CONSUMER PRIVACY AND SAFEGUARDING REQUIREMENTS
Makes changes to PA 23-98, § 5, modifying the penalty and enforcement mechanism for personal
information safeguarding requirements
O L R P U B L I C A C T S U M M A R Y
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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 act changes the penalty and, in some cases, the enforcement mechanism for
these safeguarding requirements. Prior law subjected violators to a $500 civil
penalty for each violation, up to $500,000 for a single event, and penalties only
applied if the violation was intentional.
The act (1) eliminates the requirement that violations must be intentional and
(2) allows DCP to conduct an administrative hearing and impose a civil penalty of
up to $5,000 per violation.
Under existing law and the act, violations are 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, existing law and the act specify
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 (CGS § 42-110a et seq., see BACKGROUND).
BACKGROUND
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 O L R P U B L I C A C T S U M M A R Y
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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.