45 | 54 | | (2) If a ticket reseller makes the disclosure described in subparagraph 22 |
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46 | 55 | | (C) of subdivision (1) of this subsection to a purchaser in oral form, the 23 |
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47 | 56 | | ticket reseller shall provide such disclosure to the purchaser in written 24 |
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48 | 57 | | form not later than two business days after such ticket reseller made 25 |
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49 | 58 | | such disclosure to such purchaser in oral form. 26 |
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50 | 59 | | (c) (1) Nothing in subsection (b) of this section shall be construed to 27 |
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51 | 60 | | prohibit a ticket reseller from accepting a deposit from a prospective 28 |
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52 | 61 | | purchaser of a ticket to an entertainment event as part of a contract that 29 |
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53 | 62 | | requires the ticket reseller to make best efforts to obtain a ticket to the 30 |
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54 | 63 | | entertainment event for the prospective purchaser at a price or within a 31 |
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55 | 64 | | price range, and by a time specified, in the contract, provided the ticket 32 |
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56 | 65 | | reseller discloses to the prospective purchaser orally or in writing at the 33 |
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57 | 66 | | time such ticket reseller enters into such contract with such prospective 34 |
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58 | 67 | | purchaser or accepts such deposit from such prospective purchaser, 35 |
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59 | 68 | | whichever occurs first, that such ticket reseller: 36 |
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60 | 69 | | (A) Is not in possession of the ticket desired by such prospective 37 |
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61 | 70 | | purchaser or has not entered into a written contract (i) (I) with a person 38 |
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62 | 71 | | who is in possession of such ticket, or (II) with a person who has a 39 |
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63 | 72 | | contractual right to obtain such ticket from the person who is in 40 |
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64 | 73 | | possession of such ticket, and (ii) that entitles such ticket reseller to 41 |
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65 | 74 | | obtain such ticket from a person described in subparagraph (A)(i) of this 42 |
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66 | 75 | | subdivision at a price specified in such written contract; and 43 |
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180 | | - | (i) (1) No public official or state employee or member of the [official] 141 |
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181 | | - | official's or employee's immediate family or a business with which he or 142 |
---|
182 | | - | she is associated shall enter into any contract with the state, valued at 143 |
---|
183 | | - | one hundred dollars or more, [other than a] unless (A) such contract 144 |
---|
184 | | - | [(A)] is awarded through an open and public process that includes, at a 145 |
---|
185 | | - | minimum, (i) pre-award public disclosure of all offers to enter into such 146 |
---|
186 | | - | contract, and (ii) post-award public disclosure of such contract, or (B) 147 |
---|
187 | | - | such contract is a contract (i) of employment as a state employee, [(B)] 148 |
---|
188 | | - | (ii) with the Technical Education and Career System for students 149 |
---|
189 | | - | enrolled in a school in the system to perform services in conjunction 150 |
---|
190 | | - | with vocational, technical, technological or postsecondary education 151 |
---|
191 | | - | and training any such student is receiving at a school in the system, 152 |
---|
192 | | - | subject to the review process under subdivision (2) of this subsection, 153 |
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193 | | - | [(C)] (iii) with a public institution of higher education to support a 154 |
---|
194 | | - | collaboration with such institution to develop and commercialize any 155 |
---|
195 | | - | invention or discovery, [or (D)] (iv) pursuant to a court appointment, 156 |
---|
196 | | - | [unless the contract has been awarded through an open and public 157 |
---|
197 | | - | process, including prior public offer and subsequent public disclosure 158 |
---|
198 | | - | of all proposals considered and the contract awarded] or (v) with the 159 |
---|
199 | | - | office of the Attorney General to be retained as an expert witness for, or 160 |
---|
200 | | - | in anticipation of, litigation or an administrative proceeding, provided 161 |
---|
201 | | - | the office of the Attorney General files with the Office of State Ethics, in 162 |
---|
202 | | - | a form and manner prescribed by the Office of State Ethics and not later 163 |
---|
203 | | - | than thirty days after the expert witness is disclosed, or required to be 164 |
---|
204 | | - | disclosed, to the opposing party or parties, either directly or through the 165 |
---|
205 | | - | court of competent jurisdiction or administrative agency, or resolution 166 |
---|
206 | | - | of the litigation or administrative proceeding for which the expert 167 |
---|
207 | | - | witness was retained, whichever occurs first, a statement disclosing (I) 168 |
---|
208 | | - | the name of the expert witness, (II) the qualifications of the expert 169 Substitute Bill No. 6858 |
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| 197 | + | (i) (1) No public official or state employee or member of the official 141 |
---|
| 198 | + | or employee's immediate family or a business with which he is 142 |
---|
| 199 | + | associated shall enter into any contract with the state, valued at one 143 |
---|
| 200 | + | hundred dollars or more, other than a contract (A) of employment as a 144 |
---|
| 201 | + | state employee, (B) with the Technical Education and Career System for 145 |
---|
| 202 | + | students enrolled in a school in the system to perform services in 146 |
---|
| 203 | + | conjunction with vocational, technical, technological or postsecondary 147 |
---|
| 204 | + | education and training any such student is receiving at a school in the 148 |
---|
| 205 | + | system, subject to the review process under subdivision (2) of this 149 |
---|
| 206 | + | subsection, (C) with a public institution of higher education to support 150 |
---|
| 207 | + | a collaboration with such institution to develop and commercialize any 151 |
---|
| 208 | + | invention or discovery, [or] (D) pursuant to a court appointment, unless 152 |
---|
| 209 | + | the contract has been awarded through an open and public process, 153 |
---|
| 210 | + | including prior public offer and subsequent public disclosure of all 154 |
---|
| 211 | + | proposals considered and the contract awarded, or (E) with the Office 155 |
---|
| 212 | + | of the Attorney General to be retained as an expert witness for, or in 156 |
---|
| 213 | + | anticipation of, litigation. In no event shall an executive head of an 157 |
---|
| 214 | + | agency, as defined in section 4-166, including a commissioner of a 158 |
---|
| 215 | + | department, or an executive head of a quasi-public agency, or the 159 |
---|
| 216 | + | executive head's immediate family or a business with which he is 160 |
---|
| 217 | + | associated enter into any contract with that agency or quasi-public 161 |
---|
| 218 | + | agency. Nothing in this subsection shall be construed as applying to any 162 |
---|
| 219 | + | Raised Bill No. 6858 |
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213 | | - | witness, (III) the scope of the services provided by the expert witness, 170 |
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214 | | - | (IV) the date of execution of such contract, (V) the beginning and ending 171 |
---|
215 | | - | dates of the term of such contract, and (VI) the value of such contract, if 172 |
---|
216 | | - | known by the office of the Attorney General. In no event shall an 173 |
---|
217 | | - | executive head of an agency, as defined in section 4-166, including a 174 |
---|
218 | | - | commissioner of a department, or an executive head of a quasi-public 175 |
---|
219 | | - | agency, or the executive head's immediate family or a business with 176 |
---|
220 | | - | which he is associated enter into any contract with that agency or quasi-177 |
---|
221 | | - | public agency. Nothing in this subsection shall be construed as applying 178 |
---|
222 | | - | to any public official who is appointed as a member of the executive 179 |
---|
223 | | - | branch or as a member or director of a quasi-public agency and who 180 |
---|
224 | | - | receives no compensation other than per diem payments or 181 |
---|
225 | | - | reimbursement for actual or necessary expenses, or both, incurred in the 182 |
---|
226 | | - | performance of the public official's duties unless such public official has 183 |
---|
227 | | - | authority or control over the subject matter of the contract. Any contract 184 |
---|
228 | | - | made in violation of this subsection shall be voidable by a court of 185 |
---|
229 | | - | competent jurisdiction if the suit is commenced not later than one 186 |
---|
230 | | - | hundred eighty days after the making of the contract. For purposes of 187 |
---|
231 | | - | this subdivision, "expert witness" means any individual who is qualified 188 |
---|
232 | | - | to provide testimony on any scientific, technical or other specialized 189 |
---|
233 | | - | matter by virtue of his or her knowledge, skill, experience, training or 190 |
---|
234 | | - | education, and is retained to provide his or her testimony on such 191 |
---|
235 | | - | matter, including, but not limited to, in the form of an expert opinion. 192 |
---|
236 | | - | (2) The superintendent of the Technical Education and Career System 193 |
---|
237 | | - | shall establish an open and transparent process to review any contract 194 |
---|
238 | | - | entered into under subparagraph [(B)] (B)(ii) of subdivision (1) of this 195 |
---|
239 | | - | subsection. 196 |
---|
240 | | - | Sec. 5. Section 21a-190a of the general statutes is repealed and the 197 |
---|
241 | | - | following is substituted in lieu thereof (Effective October 1, 2025): 198 |
---|
242 | | - | As used in sections 21a-190a to 21a-190l, inclusive, as amended by 199 |
---|
243 | | - | this act: 200 |
---|
244 | | - | (1) "Charitable organization" means any person who is [or holds 201 Substitute Bill No. 6858 |
---|
| 223 | + | LCO No. 4326 7 of 18 |
---|
| 224 | + | |
---|
| 225 | + | public official who is appointed as a member of the executive branch or 163 |
---|
| 226 | + | as a member or director of a quasi-public agency and who receives no 164 |
---|
| 227 | + | compensation other than per diem payments or reimbursement for 165 |
---|
| 228 | + | actual or necessary expenses, or both, incurred in the performance of the 166 |
---|
| 229 | + | public official's duties unless such public official has authority or control 167 |
---|
| 230 | + | over the subject matter of the contract. Any contract made in violation 168 |
---|
| 231 | + | of this subsection shall be voidable by a court of competent jurisdiction 169 |
---|
| 232 | + | if the suit is commenced not later than one hundred eighty days after 170 |
---|
| 233 | + | the making of the contract. 171 |
---|
| 234 | + | (2) The superintendent of the Technical Education and Career System 172 |
---|
| 235 | + | shall establish an open and transparent process to review any contract 173 |
---|
| 236 | + | entered into under subparagraph (B) of subdivision (1) of this 174 |
---|
| 237 | + | subsection. 175 |
---|
| 238 | + | Sec. 5. Section 21a-190a of the general statutes is repealed and the 176 |
---|
| 239 | + | following is substituted in lieu thereof (Effective October 1, 2025): 177 |
---|
| 240 | + | As used in sections 21a-190a to 21a-190l, inclusive, as amended by 178 |
---|
| 241 | + | this act: 179 |
---|
| 242 | + | (1) "Charitable organization" means any person who is [or holds 180 |
---|
| 243 | + | himself out to be established for any benevolent, educational, 181 |
---|
| 244 | + | philanthropic, humane, scientific, patriotic, social welfare or advocacy, 182 |
---|
| 245 | + | public health, environmental conservation, civic or eleemosynary 183 |
---|
| 246 | + | purpose, or for the benefit of law enforcement officers, firefighters or 184 |
---|
| 247 | + | other persons who protect the public safety] organized and operated, or 185 |
---|
| 248 | + | holds himself or herself out as being organized and operated, for one or 186 |
---|
| 249 | + | more charitable purposes. "Charitable organization" does not include 187 |
---|
| 250 | + | any political action committee organization. 188 |
---|
| 251 | + | (2) "Person" means an individual, corporation, limited liability 189 |
---|
| 252 | + | company, association, partnership, trust, foundation or any other entity 190 |
---|
| 253 | + | however styled. 191 |
---|
| 254 | + | (3) "Solicit" and "solicitation" mean any request directly or indirectly 192 |
---|
| 255 | + | Raised Bill No. 6858 |
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249 | | - | himself out to be established for any benevolent, educational, 202 |
---|
250 | | - | philanthropic, humane, scientific, patriotic, social welfare or advocacy, 203 |
---|
251 | | - | public health, environmental conservation, civic or eleemosynary 204 |
---|
252 | | - | purpose, or for the benefit of law enforcement officers, firefighters or 205 |
---|
253 | | - | other persons who protect the public safety] organized and operated, or 206 |
---|
254 | | - | holds himself or herself out as being organized and operated, for one or 207 |
---|
255 | | - | more charitable purposes. "Charitable organization" does not include 208 |
---|
256 | | - | any political action committee organization. 209 |
---|
257 | | - | (2) "Person" means an individual, corporation, limited liability 210 |
---|
258 | | - | company, association, partnership, trust, foundation or any other entity 211 |
---|
259 | | - | however styled. 212 |
---|
260 | | - | (3) "Solicit" and "solicitation" mean any request directly or indirectly 213 |
---|
261 | | - | for money, credit, property, financial assistance or other thing of any 214 |
---|
262 | | - | kind or value on the plea or representation that such money, credit, 215 |
---|
263 | | - | property, financial assistance or other thing of any kind or value is to be 216 |
---|
264 | | - | used for a charitable purpose or benefit a charitable organization. 217 |
---|
265 | | - | "Solicit" and "solicitation" shall include, but shall not be limited to, the 218 |
---|
266 | | - | following methods of requesting or securing such money, credit, 219 |
---|
267 | | - | property, financial assistance or other thing of value: (A) Any oral, [or] 220 |
---|
268 | | - | written, electronic or online request; (B) any announcement to the press, 221 |
---|
269 | | - | over the radio or television or by telephone or telegraph concerning an 222 |
---|
270 | | - | appeal or campaign by or for any charitable organization or purpose; 223 |
---|
271 | | - | (C) the distribution, circulation, posting or publishing of any handbill, 224 |
---|
272 | | - | written advertisement or other publication; and (D) the sale of, offer or 225 |
---|
273 | | - | attempt to sell, any advertisement, advertising space, book, card, tag, 226 |
---|
274 | | - | coupon, device, magazine, membership, merchandise, subscription, 227 |
---|
275 | | - | flower, ticket, candy, cookies or other tangible item in connection with 228 |
---|
276 | | - | an appeal made for any charitable organization or purpose, or where 229 |
---|
277 | | - | the name of any charitable organization is used or referred to in any 230 |
---|
278 | | - | such appeal as an inducement or reason for making any such sale, or 231 |
---|
279 | | - | when or where in connection with any such sale, any statement is made 232 |
---|
280 | | - | that the whole or any part of the proceeds from any such sale is to be 233 |
---|
281 | | - | used for any charitable purpose or benefit any charitable organization. 234 |
---|
282 | | - | A solicitation shall be deemed to have taken place whether or not the 235 Substitute Bill No. 6858 |
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| 259 | + | LCO No. 4326 8 of 18 |
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| 260 | + | |
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| 261 | + | for money, credit, property, financial assistance or other thing of any 193 |
---|
| 262 | + | kind or value on the plea or representation that such money, credit, 194 |
---|
| 263 | + | property, financial assistance or other thing of any kind or value is to be 195 |
---|
| 264 | + | used for a charitable purpose or benefit a charitable organization. 196 |
---|
| 265 | + | "Solicit" and "solicitation" shall include, but shall not be limited to, the 197 |
---|
| 266 | + | following methods of requesting or securing such money, credit, 198 |
---|
| 267 | + | property, financial assistance or other thing of value: (A) Any oral, [or] 199 |
---|
| 268 | + | written, electronic or online request; (B) any announcement to the press, 200 |
---|
| 269 | + | over the radio or television or by telephone or telegraph concerning an 201 |
---|
| 270 | + | appeal or campaign by or for any charitable organization or purpose; 202 |
---|
| 271 | + | (C) the distribution, circulation, posting or publishing of any handbill, 203 |
---|
| 272 | + | written advertisement or other publication; and (D) the sale of, offer or 204 |
---|
| 273 | + | attempt to sell, any advertisement, advertising space, book, card, tag, 205 |
---|
| 274 | + | coupon, device, magazine, membership, merchandise, subscription, 206 |
---|
| 275 | + | flower, ticket, candy, cookies or other tangible item in connection with 207 |
---|
| 276 | + | an appeal made for any charitable organization or purpose, or where 208 |
---|
| 277 | + | the name of any charitable organization is used or referred to in any 209 |
---|
| 278 | + | such appeal as an inducement or reason for making any such sale, or 210 |
---|
| 279 | + | when or where in connection with any such sale, any statement is made 211 |
---|
| 280 | + | that the whole or any part of the proceeds from any such sale is to be 212 |
---|
| 281 | + | used for any charitable purpose or benefit any charitable organization. 213 |
---|
| 282 | + | A solicitation shall be deemed to have taken place whether or not the 214 |
---|
| 283 | + | person making the same receives any contribution. 215 |
---|
| 284 | + | (4) "Charitable purpose" means (A) any benevolent, educational, 216 |
---|
| 285 | + | philanthropic, humane, scientific, patriotic, social welfare or advocacy, 217 |
---|
| 286 | + | public health, environmental conservation, civic or eleemosynary 218 |
---|
| 287 | + | objective, and (B) any purpose to benefit law enforcement officers, 219 |
---|
| 288 | + | firefighters or other persons who protect the public safety. 220 |
---|
| 289 | + | (5) "Contribution" means the grant, promise or pledge of money, 221 |
---|
| 290 | + | credit, property, financial assistance or other thing of any kind or value. 222 |
---|
| 291 | + | [in response to a solicitation.] "Contribution" shall not include bona fide 223 |
---|
| 292 | + | fees, dues or assessments paid by members, provided membership is 224 |
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| 293 | + | not conferred solely as consideration for making a contribution in 225 |
---|
| 294 | + | Raised Bill No. 6858 |
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287 | | - | person making the same receives any contribution. 236 |
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288 | | - | (4) "Charitable purpose" means (A) any benevolent, educational, 237 |
---|
289 | | - | philanthropic, humane, scientific, patriotic, social welfare or advocacy, 238 |
---|
290 | | - | public health, environmental conservation, civic or eleemosynary 239 |
---|
291 | | - | objective, and (B) any purpose to benefit law enforcement officers, 240 |
---|
292 | | - | firefighters or other persons who protect the public safety. 241 |
---|
293 | | - | (5) "Contribution" means the grant, promise or pledge of money, 242 |
---|
294 | | - | credit, property, financial assistance or other thing of any kind or value. 243 |
---|
295 | | - | [in response to a solicitation.] "Contribution" shall not include bona fide 244 |
---|
296 | | - | fees, dues or assessments paid by members, provided membership is 245 |
---|
297 | | - | not conferred solely as consideration for making a contribution in 246 |
---|
298 | | - | response to a solicitation. 247 |
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299 | | - | (6) "Fund-raising counsel" means a person who for compensation 248 |
---|
300 | | - | plans, manages, advises or consults with respect to the solicitation in 249 |
---|
301 | | - | this state of contributions by a charitable organization, but who does not 250 |
---|
302 | | - | solicit contributions and who does not directly or indirectly employ, 251 |
---|
303 | | - | procure or engage any person compensated to solicit contributions. [A] 252 |
---|
304 | | - | "Fund-raising counsel" does not include a bona fide nontemporary 253 |
---|
305 | | - | salaried officer or employee of a charitable organization [shall not be 254 |
---|
306 | | - | deemed to be a fund-raising counsel] or an attorney-at-law retained 255 |
---|
307 | | - | exclusively to provide legal services. 256 |
---|
308 | | - | (7) "Paid solicitor" means a person who for any consideration, [other 257 |
---|
309 | | - | than] including, but not limited to, monetary compensation but 258 |
---|
310 | | - | excluding any nonmonetary gift of nominal value awarded to a 259 |
---|
311 | | - | volunteer solicitor as an incentive or token of appreciation, performs for 260 |
---|
312 | | - | a charitable organization any service in connection with which 261 |
---|
313 | | - | contributions are solicited by such person or by any person he directly 262 |
---|
314 | | - | or indirectly employs, procures or engages to solicit for such 263 |
---|
315 | | - | compensation. A bona fide nontemporary salaried officer or employee 264 |
---|
316 | | - | of a charitable organization shall not be deemed to be a paid solicitor. 265 |
---|
317 | | - | (8) "Commercial coventurer" means a person who for profit is 266 |
---|
318 | | - | regularly and primarily engaged in trade or commerce in this state other 267 Substitute Bill No. 6858 |
---|
| 298 | + | LCO No. 4326 9 of 18 |
---|
| 299 | + | |
---|
| 300 | + | response to a solicitation. 226 |
---|
| 301 | + | (6) "Fund-raising counsel" means a person who for compensation 227 |
---|
| 302 | + | plans, manages, advises or consults with respect to the solicitation in 228 |
---|
| 303 | + | this state of contributions by a charitable organization, but who does not 229 |
---|
| 304 | + | solicit contributions and who does not directly or indirectly employ, 230 |
---|
| 305 | + | procure or engage any person compensated to solicit contributions. [A] 231 |
---|
| 306 | + | "Fund-raising counsel" does not include a bona fide nontemporary 232 |
---|
| 307 | + | salaried officer or employee of a charitable organization [shall not be 233 |
---|
| 308 | + | deemed to be a fund-raising counsel] or an attorney-at-law retained 234 |
---|
| 309 | + | exclusively to provide legal services. 235 |
---|
| 310 | + | (7) "Paid solicitor" means a person who for any consideration, [other 236 |
---|
| 311 | + | than] including, but not limited to, monetary compensation but 237 |
---|
| 312 | + | excluding any nonmonetary gift of nominal value awarded to a 238 |
---|
| 313 | + | volunteer solicitor as an incentive or token of appreciation, performs for 239 |
---|
| 314 | + | a charitable organization any service in connection with which 240 |
---|
| 315 | + | contributions are solicited by such person or by any person he directly 241 |
---|
| 316 | + | or indirectly employs, procures or engages to solicit for such 242 |
---|
| 317 | + | compensation. A bona fide nontemporary salaried officer or employee 243 |
---|
| 318 | + | of a charitable organization shall not be deemed to be a paid solicitor. 244 |
---|
| 319 | + | (8) "Commercial coventurer" means a person who for profit is 245 |
---|
| 320 | + | regularly and primarily engaged in trade or commerce in this state other 246 |
---|
| 321 | + | than in connection with the raising of funds for charitable organizations 247 |
---|
| 322 | + | or purposes and who conducts a charitable sales promotion. 248 |
---|
| 323 | + | (9) "Charitable sales promotion" means an advertising or sales 249 |
---|
| 324 | + | campaign, conducted by a commercial coventurer, which represents 250 |
---|
| 325 | + | that the purchase or use of goods or services offered by the commercial 251 |
---|
| 326 | + | coventurer are to benefit a charitable organization or purpose. 252 |
---|
| 327 | + | (10) "Department" means the Department of Consumer Protection. 253 |
---|
| 328 | + | (11) "Commissioner" means the Commissioner of Consumer 254 |
---|
| 329 | + | Protection. 255 |
---|
| 330 | + | Raised Bill No. 6858 |
---|
323 | | - | than in connection with the raising of funds for charitable organizations 268 |
---|
324 | | - | or purposes and who conducts a charitable sales promotion. 269 |
---|
325 | | - | (9) "Charitable sales promotion" means an advertising or sales 270 |
---|
326 | | - | campaign, conducted by a commercial coventurer, which represents 271 |
---|
327 | | - | that the purchase or use of goods or services offered by the commercial 272 |
---|
328 | | - | coventurer are to benefit a charitable organization or purpose. 273 |
---|
329 | | - | (10) "Department" means the Department of Consumer Protection. 274 |
---|
330 | | - | (11) "Commissioner" means the Commissioner of Consumer 275 |
---|
331 | | - | Protection. 276 |
---|
332 | | - | (12) "Membership" means that which entitles a person to the 277 |
---|
333 | | - | privileges, professional standing, honors or other direct benefit of the 278 |
---|
334 | | - | organization and the rights to vote, elect officers and hold office in the 279 |
---|
335 | | - | organization. 280 |
---|
336 | | - | (13) "Parent organization" means that part of a charitable 281 |
---|
337 | | - | organization which supervises and exercises control over the 282 |
---|
338 | | - | solicitation and expenditure activities of one or more chapters, branches 283 |
---|
339 | | - | or affiliates. 284 |
---|
340 | | - | (14) "Gross revenue" means income of any kind from all sources, 285 |
---|
341 | | - | without deduction of any costs or expenses, including all amounts 286 |
---|
342 | | - | received as the result of any solicitation by a paid solicitor. 287 |
---|
343 | | - | Sec. 6. Section 21a-190b of the general statutes is repealed and the 288 |
---|
344 | | - | following is substituted in lieu thereof (Effective October 1, 2025): 289 |
---|
345 | | - | (a) Every charitable organization not exempted by section 21a-190d 290 |
---|
346 | | - | shall annually register with the department prior to conducting any 291 |
---|
347 | | - | solicitation or prior to having any solicitation conducted on its behalf by 292 |
---|
348 | | - | others. Application for registration shall be in a form prescribed by the 293 |
---|
349 | | - | commissioner and shall include a nonrefundable application fee of fifty 294 |
---|
350 | | - | dollars. Such application shall include: (1) A registration statement, (2) 295 |
---|
351 | | - | an annual financial report for such organization for the preceding fiscal 296 |
---|
352 | | - | year that is prepared in accordance with the provisions of subsection (a) 297 Substitute Bill No. 6858 |
---|
| 334 | + | LCO No. 4326 10 of 18 |
---|
| 335 | + | |
---|
| 336 | + | (12) "Membership" means that which entitles a person to the 256 |
---|
| 337 | + | privileges, professional standing, honors or other direct benefit of the 257 |
---|
| 338 | + | organization and the rights to vote, elect officers and hold office in the 258 |
---|
| 339 | + | organization. 259 |
---|
| 340 | + | (13) "Parent organization" means that part of a charitable 260 |
---|
| 341 | + | organization which supervises and exercises control over the 261 |
---|
| 342 | + | solicitation and expenditure activities of one or more chapters, branches 262 |
---|
| 343 | + | or affiliates. 263 |
---|
| 344 | + | (14) "Gross revenue" means income of any kind from all sources, 264 |
---|
| 345 | + | without deduction of any costs or expenses, including all amounts 265 |
---|
| 346 | + | received as the result of any solicitation by a paid solicitor. 266 |
---|
| 347 | + | Sec. 6. Section 21a-190b of the general statutes is repealed and the 267 |
---|
| 348 | + | following is substituted in lieu thereof (Effective October 1, 2025): 268 |
---|
| 349 | + | (a) Every charitable organization not exempted by section 21a-190d 269 |
---|
| 350 | + | shall annually register with the department prior to conducting any 270 |
---|
| 351 | + | solicitation or prior to having any solicitation conducted on its behalf by 271 |
---|
| 352 | + | others. Application for registration shall be in a form prescribed by the 272 |
---|
| 353 | + | commissioner and shall include a nonrefundable application fee of fifty 273 |
---|
| 354 | + | dollars. Such application shall include: (1) A registration statement, (2) 274 |
---|
| 355 | + | an annual financial report for such organization for the preceding fiscal 275 |
---|
| 356 | + | year that is prepared in accordance with the provisions of subsection (a) 276 |
---|
| 357 | + | of section 21a-190c, and (3) an audited or reviewed financial statement 277 |
---|
| 358 | + | as required by subsection (b) of section 21a-190c, unless the 278 |
---|
| 359 | + | commissioner waives such requirement under subdivision (4) of 279 |
---|
| 360 | + | subsection (b) of section 21a-190c. An authorized officer of the 280 |
---|
| 361 | + | organization shall certify that the statements therein are true and correct 281 |
---|
| 362 | + | to the best of their knowledge. A chapter, branch or affiliate in this state 282 |
---|
| 363 | + | of a registered parent organization shall not be required to register 283 |
---|
| 364 | + | provided the parent organization files a consolidated annual 284 |
---|
| 365 | + | registration for itself and its chapter, branch or affiliate. Each charitable 285 |
---|
| 366 | + | organization shall annually renew its registration not later than eleven 286 |
---|
| 367 | + | Raised Bill No. 6858 |
---|
357 | | - | of section 21a-190c, and (3) an audited or reviewed financial statement 298 |
---|
358 | | - | as required by subsection (b) of section 21a-190c, unless the 299 |
---|
359 | | - | commissioner waives such requirement under subdivision (4) of 300 |
---|
360 | | - | subsection (b) of section 21a-190c. An authorized officer of the 301 |
---|
361 | | - | organization shall certify that the statements therein are true and correct 302 |
---|
362 | | - | to the best of their knowledge. A chapter, branch or affiliate in this state 303 |
---|
363 | | - | of a registered parent organization shall not be required to register 304 |
---|
364 | | - | provided the parent organization files a consolidated annual 305 |
---|
365 | | - | registration for itself and its chapter, branch or affiliate. Each charitable 306 |
---|
366 | | - | organization shall annually renew its registration not later than eleven 307 |
---|
367 | | - | months after the end of such organization's fiscal year. 308 |
---|
368 | | - | (b) In the event the department determines that the application for 309 |
---|
369 | | - | registration does not contain the documents required in subsection (a) 310 |
---|
370 | | - | of this section or is not in accordance with the regulations adopted by 311 |
---|
371 | | - | the commissioner pursuant to this chapter, the department shall notify 312 |
---|
372 | | - | the charitable organization of such noncompliance not later than ten 313 |
---|
373 | | - | days after the department's receipt of such application for registration. 314 |
---|
374 | | - | Any such charitable organization may request a hearing on its 315 |
---|
375 | | - | noncompliant status in accordance with the provisions of chapter 54. 316 |
---|
376 | | - | (c) In addition to the application fee required pursuant to subsection 317 |
---|
377 | | - | (a) of this section, a charitable organization shall pay a late fee of twenty-318 |
---|
378 | | - | five dollars for each month, or part thereof, that such application for 319 |
---|
379 | | - | registration is late. The commissioner may, upon written request and for 320 |
---|
380 | | - | good cause shown, waive or reduce any late fee under this section. 321 |
---|
381 | | - | (d) In the event that a charitable organization fails to register in 322 |
---|
382 | | - | accordance with the provisions of this section, such organization shall 323 |
---|
383 | | - | include in its application for registration an annual financial report for 324 |
---|
384 | | - | each of the previous years in which such organization was required to 325 |
---|
385 | | - | file an application for registration or an annual financial report. 326 |
---|
386 | | - | [(e) Any charitable organization registered in accordance with this 327 |
---|
387 | | - | section on September 30, 2005, shall be deemed to be registered 328 |
---|
388 | | - | pursuant to this section until the last day of the fifth month after the 329 Substitute Bill No. 6858 |
---|
| 371 | + | LCO No. 4326 11 of 18 |
---|
| 372 | + | |
---|
| 373 | + | months after the end of such organization's fiscal year. 287 |
---|
| 374 | + | (b) In the event the department determines that the application for 288 |
---|
| 375 | + | registration does not contain the documents required in subsection (a) 289 |
---|
| 376 | + | of this section or is not in accordance with the regulations adopted by 290 |
---|
| 377 | + | the commissioner pursuant to this chapter, the department shall notify 291 |
---|
| 378 | + | the charitable organization of such noncompliance not later than ten 292 |
---|
| 379 | + | days after the department's receipt of such application for registration. 293 |
---|
| 380 | + | Any such charitable organization may request a hearing on its 294 |
---|
| 381 | + | noncompliant status in accordance with the provisions of chapter 54. 295 |
---|
| 382 | + | (c) In addition to the application fee required pursuant to subsection 296 |
---|
| 383 | + | (a) of this section, a charitable organization shall pay a late fee of twenty-297 |
---|
| 384 | + | five dollars for each month, or part thereof, that such application for 298 |
---|
| 385 | + | registration is late. The commissioner may, upon written request and for 299 |
---|
| 386 | + | good cause shown, waive or reduce any late fee under this section. 300 |
---|
| 387 | + | (d) In the event that a charitable organization fails to register in 301 |
---|
| 388 | + | accordance with the provisions of this section, such organization shall 302 |
---|
| 389 | + | include in its application for registration an annual financial report for 303 |
---|
| 390 | + | each of the previous years in which such organization was required to 304 |
---|
| 391 | + | file an application for registration or an annual financial report. 305 |
---|
| 392 | + | [(e) Any charitable organization registered in accordance with this 306 |
---|
| 393 | + | section on September 30, 2005, shall be deemed to be registered 307 |
---|
| 394 | + | pursuant to this section until the last day of the fifth month after the 308 |
---|
| 395 | + | close of the fiscal year in effect on September 30, 2005.] 309 |
---|
| 396 | + | Sec. 7. Section 21a-190e of the general statutes is repealed and the 310 |
---|
| 397 | + | following is substituted in lieu thereof (Effective October 1, 2025): 311 |
---|
| 398 | + | (a) Each contract between a charitable organization and a fund-312 |
---|
| 399 | + | raising counsel shall be in writing and [shall be filed by the fund-raising 313 |
---|
| 400 | + | counsel with the department at least fifteen days prior to the 314 |
---|
| 401 | + | performance by the fund-raising counsel of any material services 315 |
---|
| 402 | + | pursuant to such contract. Each contract shall be filed in a form 316 |
---|
| 403 | + | Raised Bill No. 6858 |
---|
393 | | - | close of the fiscal year in effect on September 30, 2005.] 330 |
---|
394 | | - | Sec. 7. Section 21a-190e of the general statutes is repealed and the 331 |
---|
395 | | - | following is substituted in lieu thereof (Effective October 1, 2025): 332 |
---|
396 | | - | (a) Each contract between a charitable organization and a fund-333 |
---|
397 | | - | raising counsel shall be in writing and [shall be filed by the fund-raising 334 |
---|
398 | | - | counsel with the department at least fifteen days prior to the 335 |
---|
399 | | - | performance by the fund-raising counsel of any material services 336 |
---|
400 | | - | pursuant to such contract. Each contract shall be filed in a form 337 |
---|
401 | | - | prescribed by the commissioner. The contract shall] contain such 338 |
---|
402 | | - | information as will enable the department to identify the services the 339 |
---|
403 | | - | fund-raising counsel is to provide and the manner of his compensation. 340 |
---|
404 | | - | Each charitable organization employing a fund-raising counsel shall 341 |
---|
405 | | - | retain a copy of the contract between such charitable organization and 342 |
---|
406 | | - | the fund-raising counsel for a period of not less than seven years 343 |
---|
407 | | - | following expiration of such contract, and shall provide such contract to 344 |
---|
408 | | - | the department upon a request made by the department for such 345 |
---|
409 | | - | contract. 346 |
---|
410 | | - | (b) A fund-raising counsel who at any time has custody or control of 347 |
---|
411 | | - | contributions from a solicitation shall register with the department. 348 |
---|
412 | | - | Applications for registration or renewal of a registration as a fund-349 |
---|
413 | | - | raising counsel shall be in a form prescribed by the commissioner and 350 |
---|
414 | | - | shall be accompanied by a fee in the amount of one hundred twenty 351 |
---|
415 | | - | dollars. Each fund-raising counsel shall certify that such application or 352 |
---|
416 | | - | report is true and correct to the best of the fund-raising counsel's 353 |
---|
417 | | - | knowledge. Each application shall contain such information as the 354 |
---|
418 | | - | department shall require. Each registration shall be valid for one year 355 |
---|
419 | | - | and may be renewed for additional one-year periods. An applicant for 356 |
---|
420 | | - | registration or for a renewal of registration as a fund-raising counsel 357 |
---|
421 | | - | shall, at the time of making such application, file with and have 358 |
---|
422 | | - | approved by the department a bond in a form prescribed by the 359 |
---|
423 | | - | commissioner, in which the applicant shall be the principal obligor in 360 |
---|
424 | | - | the sum of [twenty] fifty thousand dollars, with one or more responsible 361 |
---|
425 | | - | sureties whose liability in the aggregate as such sureties shall be [no] not 362 Substitute Bill No. 6858 |
---|
| 407 | + | LCO No. 4326 12 of 18 |
---|
| 408 | + | |
---|
| 409 | + | prescribed by the commissioner. The contract shall] contain such 317 |
---|
| 410 | + | information as will enable the department to identify the services the 318 |
---|
| 411 | + | fund-raising counsel is to provide and the manner of his compensation. 319 |
---|
| 412 | + | Each charitable organization employing a fund-raising counsel shall 320 |
---|
| 413 | + | retain a copy of the contract between such charitable organization and 321 |
---|
| 414 | + | the fund-raising counsel for a period of not less than seven years 322 |
---|
| 415 | + | following expiration of such contract, and shall provide such contract to 323 |
---|
| 416 | + | the department upon a request made by the department for such 324 |
---|
| 417 | + | contract. 325 |
---|
| 418 | + | (b) A fund-raising counsel who at any time has custody or control of 326 |
---|
| 419 | + | contributions from a solicitation shall register with the department. 327 |
---|
| 420 | + | Applications for registration or renewal of a registration as a fund-328 |
---|
| 421 | + | raising counsel shall be in a form prescribed by the commissioner and 329 |
---|
| 422 | + | shall be accompanied by a fee in the amount of one hundred twenty 330 |
---|
| 423 | + | dollars. Each fund-raising counsel shall certify that such application or 331 |
---|
| 424 | + | report is true and correct to the best of the fund-raising counsel's 332 |
---|
| 425 | + | knowledge. Each application shall contain such information as the 333 |
---|
| 426 | + | department shall require. Each registration shall be valid for one year 334 |
---|
| 427 | + | and may be renewed for additional one-year periods. An applicant for 335 |
---|
| 428 | + | registration or for a renewal of registration as a fund-raising counsel 336 |
---|
| 429 | + | shall, at the time of making such application, file with and have 337 |
---|
| 430 | + | approved by the department a bond in a form prescribed by the 338 |
---|
| 431 | + | commissioner, in which the applicant shall be the principal obligor in 339 |
---|
| 432 | + | the sum of [twenty] fifty thousand dollars, with one or more responsible 340 |
---|
| 433 | + | sureties whose liability in the aggregate as such sureties shall be no less 341 |
---|
| 434 | + | than such sum. The fund-raising counsel shall maintain the bond in 342 |
---|
| 435 | + | effect as long as the registration is in effect. The bond shall run to the 343 |
---|
| 436 | + | state and to any person who may have a cause of action against the 344 |
---|
| 437 | + | principal obligor of the bond for any liabilities resulting from the 345 |
---|
| 438 | + | obligor's conduct of any activities subject to sections 21a-190a to 21a-346 |
---|
| 439 | + | 190l, inclusive, as amended by this act, or arising out of a violation of 347 |
---|
| 440 | + | said sections or any regulation adopted pursuant to said sections. Any 348 |
---|
| 441 | + | such fund-raising counsel shall account to the charitable organization 349 |
---|
| 442 | + | Raised Bill No. 6858 |
---|
430 | | - | less than such sum. The fund-raising counsel shall maintain the bond in 363 |
---|
431 | | - | effect as long as the registration is in effect. The bond shall run to the 364 |
---|
432 | | - | state and to any person who may have a cause of action against the 365 |
---|
433 | | - | principal obligor of the bond for any liabilities resulting from the 366 |
---|
434 | | - | obligor's conduct of any activities subject to sections 21a-190a to 21a-367 |
---|
435 | | - | 190l, inclusive, as amended by this act, or arising out of a violation of 368 |
---|
436 | | - | said sections or any regulation adopted pursuant to said sections. Any 369 |
---|
437 | | - | such fund-raising counsel shall account to the charitable organization 370 |
---|
438 | | - | with which he has contracted for all income received and expenses paid 371 |
---|
439 | | - | no later than ninety days after a solicitation campaign has been 372 |
---|
440 | | - | completed, and in the case of a solicitation campaign lasting more than 373 |
---|
441 | | - | one year, on the anniversary of the commencement of such campaign. 374 |
---|
442 | | - | Such accounting shall be in writing, shall be retained by the charitable 375 |
---|
443 | | - | organization for three years and shall be available to the department 376 |
---|
444 | | - | upon request. 377 |
---|
445 | | - | Sec. 8. Subsection (j) of section 21a-190f of the general statutes is 378 |
---|
446 | | - | repealed and the following is substituted in lieu thereof (Effective October 379 |
---|
447 | | - | 1, 2025): 380 |
---|
448 | | - | (j) A paid solicitor shall file a financial report for the campaign with 381 |
---|
449 | | - | the department [no] not more than [ninety] forty-five days after a 382 |
---|
450 | | - | solicitation campaign has been completed, and on the anniversary of the 383 |
---|
451 | | - | commencement of any solicitation campaign [which] that lasts more 384 |
---|
452 | | - | than one year, in a form prescribed by the commissioner. The financial 385 |
---|
453 | | - | report shall include gross revenue and an itemization of all expenditures 386 |
---|
454 | | - | incurred. The report shall be completed on a form prescribed by the 387 |
---|
455 | | - | department. An authorized official of the paid solicitor and two 388 |
---|
456 | | - | authorized officials of the charitable organization shall certify that such 389 |
---|
457 | | - | report is true and complete to the best of their knowledge. The 390 |
---|
458 | | - | information contained in such report shall be available to the public. 391 |
---|
459 | | - | Sec. 9. Section 21a-190h of the general statutes is repealed and the 392 |
---|
460 | | - | following is substituted in lieu thereof (Effective October 1, 2025): 393 |
---|
461 | | - | It shall be a violation of sections 21a-190a to 21a-190l, inclusive, as 394 Substitute Bill No. 6858 |
---|
| 446 | + | LCO No. 4326 13 of 18 |
---|
| 447 | + | |
---|
| 448 | + | with which he has contracted for all income received and expenses paid 350 |
---|
| 449 | + | no later than ninety days after a solicitation campaign has been 351 |
---|
| 450 | + | completed, and in the case of a solicitation campaign lasting more than 352 |
---|
| 451 | + | one year, on the anniversary of the commencement of such campaign. 353 |
---|
| 452 | + | Such accounting shall be in writing, shall be retained by the charitable 354 |
---|
| 453 | + | organization for three years and shall be available to the department 355 |
---|
| 454 | + | upon request. 356 |
---|
| 455 | + | Sec. 8. Subsection (j) of section 21a-190f of the general statutes is 357 |
---|
| 456 | + | repealed and the following is substituted in lieu thereof (Effective October 358 |
---|
| 457 | + | 1, 2025): 359 |
---|
| 458 | + | (j) A paid solicitor shall file a financial report for the campaign with 360 |
---|
| 459 | + | the department no more than [ninety] forty-five days after a solicitation 361 |
---|
| 460 | + | campaign has been completed, and on the anniversary of the 362 |
---|
| 461 | + | commencement of any solicitation campaign which lasts more than one 363 |
---|
| 462 | + | year, in a form prescribed by the commissioner. The financial report 364 |
---|
| 463 | + | shall include gross revenue and an itemization of all expenditures 365 |
---|
| 464 | + | incurred. The report shall be completed on a form prescribed by the 366 |
---|
| 465 | + | department. An authorized official of the paid solicitor and two 367 |
---|
| 466 | + | authorized officials of the charitable organization shall certify that such 368 |
---|
| 467 | + | report is true and complete to the best of their knowledge. The 369 |
---|
| 468 | + | information contained in such report shall be available to the public. 370 |
---|
| 469 | + | Sec. 9. Section 21a-190h of the general statutes is repealed and the 371 |
---|
| 470 | + | following is substituted in lieu thereof (Effective October 1, 2025): 372 |
---|
| 471 | + | It shall be a violation of sections 21a-190a to 21a-190l, inclusive, as 373 |
---|
| 472 | + | amended by this act, for: (1) Any person to misrepresent the purpose or 374 |
---|
| 473 | + | beneficiary of a solicitation; (2) any person to misrepresent the purpose 375 |
---|
| 474 | + | or nature of a charitable organization; (3) any charitable organization or 376 |
---|
| 475 | + | any person while engaged in the conduct of the affairs of a charitable 377 |
---|
| 476 | + | organization to engage in any financial transaction [which] or 378 |
---|
| 477 | + | nonfinancial conduct that (A) is not related to the accomplishment of 379 |
---|
| 478 | + | [its] the charitable organization's charitable purpose, or [which] (B) 380 |
---|
| 479 | + | Raised Bill No. 6858 |
---|
466 | | - | amended by this act, for: (1) Any person to misrepresent the purpose or 395 |
---|
467 | | - | beneficiary of a solicitation; (2) any person to misrepresent the purpose 396 |
---|
468 | | - | or nature of a charitable organization; (3) any charitable organization or 397 |
---|
469 | | - | any person while engaged in the conduct of the affairs of a charitable 398 |
---|
470 | | - | organization to engage in any financial transaction [which] or 399 |
---|
471 | | - | nonfinancial conduct that (A) is not related to the accomplishment of 400 |
---|
472 | | - | [its] the charitable organization's charitable purpose, or [which] (B) 401 |
---|
473 | | - | jeopardizes or interferes with the ability of the charitable organization 402 |
---|
474 | | - | to accomplish such organization's charitable purpose; (4) any charitable 403 |
---|
475 | | - | organization to expend an unreasonable amount of money for 404 |
---|
476 | | - | [solicitation or] management; (5) any person to use or exploit the fact of 405 |
---|
477 | | - | registration so as to lead the public to believe that such registration 406 |
---|
478 | | - | constitutes an endorsement or approval by the state; (6) any person to 407 |
---|
479 | | - | misrepresent that any other person sponsors or endorses a solicitation; 408 |
---|
480 | | - | (7) any person to use the name of a charitable organization, or to display 409 |
---|
481 | | - | any emblem, device or printed matter belonging to or associated with a 410 |
---|
482 | | - | charitable organization without the express written permission of the 411 |
---|
483 | | - | charitable organization; (8) any charitable organization to use the name 412 |
---|
484 | | - | which is the same as or confusingly similar to the name of another 413 |
---|
485 | | - | charitable organization unless the latter organization shall consent in 414 |
---|
486 | | - | writing to its use; (9) any charitable organization to represent itself as 415 |
---|
487 | | - | being associated with another charitable organization without the 416 |
---|
488 | | - | express written acknowledgment and endorsement of such other 417 |
---|
489 | | - | charitable organization; (10) any person to make any false or misleading 418 |
---|
490 | | - | statement on any document required by sections 21a-190a to 21a-190l, 419 |
---|
491 | | - | inclusive, as amended by this act; (11) any person to fail to comply with 420 |
---|
492 | | - | the requirements of sections 21a-190b to 21a-190g, inclusive, as 421 |
---|
493 | | - | amended by this act; (12) any charitable organization to use the services 422 |
---|
494 | | - | of an unregistered fund-raising counsel or paid solicitor; (13) any fund-423 |
---|
495 | | - | raising counsel or paid solicitor to perform any services on behalf of an 424 |
---|
496 | | - | unregistered charitable organization; or (14) any person to appropriate 425 |
---|
497 | | - | any property of a charitable organization for a private use. 426 |
---|
498 | | - | Sec. 10. Subsection (b) of section 21a-190i of the general statutes is 427 |
---|
499 | | - | repealed and the following is substituted in lieu thereof (Effective October 428 Substitute Bill No. 6858 |
---|
| 483 | + | LCO No. 4326 14 of 18 |
---|
| 484 | + | |
---|
| 485 | + | jeopardizes or interferes with the ability of the charitable organization 381 |
---|
| 486 | + | to accomplish such organization's charitable purpose; (4) any charitable 382 |
---|
| 487 | + | organization to expend an unreasonable amount of money for 383 |
---|
| 488 | + | [solicitation or] management; (5) any person to use or exploit the fact of 384 |
---|
| 489 | + | registration so as to lead the public to believe that such registration 385 |
---|
| 490 | + | constitutes an endorsement or approval by the state; (6) any person to 386 |
---|
| 491 | + | misrepresent that any other person sponsors or endorses a solicitation; 387 |
---|
| 492 | + | (7) any person to use the name of a charitable organization, or to display 388 |
---|
| 493 | + | any emblem, device or printed matter belonging to or associated with a 389 |
---|
| 494 | + | charitable organization without the express written permission of the 390 |
---|
| 495 | + | charitable organization; (8) any charitable organization to use the name 391 |
---|
| 496 | + | which is the same as or confusingly similar to the name of another 392 |
---|
| 497 | + | charitable organization unless the latter organization shall consent in 393 |
---|
| 498 | + | writing to its use; (9) any charitable organization to represent itself as 394 |
---|
| 499 | + | being associated with another charitable organization without the 395 |
---|
| 500 | + | express written acknowledgment and endorsement of such other 396 |
---|
| 501 | + | charitable organization; (10) any person to make any false or misleading 397 |
---|
| 502 | + | statement on any document required by sections 21a-190a to 21a-190l, 398 |
---|
| 503 | + | inclusive, as amended by this act; (11) any person to fail to comply with 399 |
---|
| 504 | + | the requirements of sections 21a-190b to 21a-190g, inclusive, as 400 |
---|
| 505 | + | amended by this act; (12) any charitable organization to use the services 401 |
---|
| 506 | + | of an unregistered fund-raising counsel or paid solicitor; (13) any fund-402 |
---|
| 507 | + | raising counsel or paid solicitor to perform any services on behalf of an 403 |
---|
| 508 | + | unregistered charitable organization; or (14) any person to appropriate 404 |
---|
| 509 | + | any property of a charitable organization for a private use. 405 |
---|
| 510 | + | Sec. 10. Subsection (b) of section 21a-190i of the general statutes is 406 |
---|
| 511 | + | repealed and the following is substituted in lieu thereof (Effective October 407 |
---|
| 512 | + | 1, 2025): 408 |
---|
| 513 | + | (b) [The] Notwithstanding any provision of this chapter, the 409 |
---|
| 514 | + | commissioner or [his] the commissioner's authorized representative 410 |
---|
| 515 | + | may subpoena documentary material relating to any matter under 411 |
---|
| 516 | + | investigation, issue subpoenas to any person involved in or who may 412 |
---|
| 517 | + | have knowledge of any matter under investigation, administer an oath 413 |
---|
| 518 | + | Raised Bill No. 6858 |
---|
504 | | - | 1, 2025): 429 |
---|
505 | | - | (b) [The] Notwithstanding any provision of this chapter, the 430 |
---|
506 | | - | commissioner or [his] the commissioner's authorized representative 431 |
---|
507 | | - | may subpoena documentary material relating to any matter under 432 |
---|
508 | | - | investigation, issue subpoenas to any person involved in or who may 433 |
---|
509 | | - | have knowledge of any matter under investigation, administer an oath 434 |
---|
510 | | - | or affirmation to any person and conduct hearings on any matter under 435 |
---|
511 | | - | investigation. 436 |
---|
512 | | - | Sec. 11. Section 21a-71 of the general statutes is repealed and the 437 |
---|
513 | | - | following is substituted in lieu thereof (Effective October 1, 2025): 438 |
---|
514 | | - | No person shall sell any food, drug or cosmetic, as defined by section 439 |
---|
515 | | - | 21a-92, at an auction, unless such person has notified the Commissioner 440 |
---|
516 | | - | of Consumer Protection, in writing, of such sale; provided this section 441 |
---|
517 | | - | shall not apply to the sale of food by any church, parent teacher 442 |
---|
518 | | - | association, charitable organization, as defined [by subdivision (1) of] in 443 |
---|
519 | | - | section 21a-190a, as amended by this act, or any organization of any 444 |
---|
520 | | - | political party. Such notice shall be given at least seven days prior to 445 |
---|
521 | | - | such sale and said commissioner may inspect such food, drug or 446 |
---|
522 | | - | cosmetic and prohibit the sale of the same if [it] such food, drug or 447 |
---|
523 | | - | cosmetic is found to be unfit for human use. This section shall apply to 448 |
---|
524 | | - | the sale of unclaimed freight. 449 |
---|
525 | | - | Sec. 12. Section 53-289a of the general statutes is repealed and the 450 |
---|
526 | | - | following is substituted in lieu thereof (Effective October 1, 2025): 451 |
---|
527 | | - | (a) As used in this section, "service charge" means any additional fee 452 |
---|
528 | | - | or charge that is designated as an "administrative fee", "service fee" or 453 |
---|
529 | | - | "surcharge" or by using another substantially similar term. 454 |
---|
530 | | - | (b) No person shall advertise the prices of tickets to any 455 |
---|
531 | | - | entertainment event, including, but not limited to, any place of 456 |
---|
532 | | - | amusement, arena, stadium, theater, performance, sport, exhibition or 457 |
---|
533 | | - | athletic contest given in this state for which a service charge is imposed 458 |
---|
534 | | - | for the sale of a ticket at the site of the event, without conspicuously 459 Substitute Bill No. 6858 |
---|
| 522 | + | LCO No. 4326 15 of 18 |
---|
| 523 | + | |
---|
| 524 | + | or affirmation to any person and conduct hearings on any matter under 414 |
---|
| 525 | + | investigation. 415 |
---|
| 526 | + | Sec. 11. Section 21a-71 of the general statutes is repealed and the 416 |
---|
| 527 | + | following is substituted in lieu thereof (Effective October 1, 2025): 417 |
---|
| 528 | + | No person shall sell any food, drug or cosmetic, as defined by section 418 |
---|
| 529 | + | 21a-92, at an auction, unless such person has notified the Commissioner 419 |
---|
| 530 | + | of Consumer Protection, in writing, of such sale; provided this section 420 |
---|
| 531 | + | shall not apply to the sale of food by any church, parent teacher 421 |
---|
| 532 | + | association, charitable organization, as defined [by subdivision (1) of] in 422 |
---|
| 533 | + | section 21a-190a, as amended by this act, or any organization of any 423 |
---|
| 534 | + | political party. Such notice shall be given at least seven days prior to 424 |
---|
| 535 | + | such sale and said commissioner may inspect such food, drug or 425 |
---|
| 536 | + | cosmetic and prohibit the sale of the same if [it] such food, drug or 426 |
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| 537 | + | cosmetic is found to be unfit for human use. This section shall apply to 427 |
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| 538 | + | the sale of unclaimed freight. 428 |
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| 539 | + | Sec. 12. Section 53-289a of the general statutes is repealed and the 429 |
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| 540 | + | following is substituted in lieu thereof (Effective October 1, 2025): 430 |
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| 541 | + | (a) As used in this section, "service charge" means any additional fee 431 |
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| 542 | + | or charge that is designated as an "administrative fee", "service fee" or 432 |
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| 543 | + | "surcharge" or by using another substantially similar term. 433 |
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| 544 | + | (b) No person shall advertise the prices of tickets to any 434 |
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| 545 | + | entertainment event, including, but not limited to, any place of 435 |
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| 546 | + | amusement, arena, stadium, theater, performance, sport, exhibition or 436 |
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| 547 | + | athletic contest given in this state for which a service charge is imposed 437 |
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| 548 | + | for the sale of a ticket at the site of the event, without conspicuously 438 |
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| 549 | + | disclosing in such advertisement, whether displayed at the site of the 439 |
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| 550 | + | event or elsewhere, the total price for each ticket and what portion of 440 |
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| 551 | + | each ticket price, stated in a dollar amount, represents a service charge. 441 |
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| 552 | + | (c) If a price is charged for admission to a place of entertainment, the 442 |
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| 553 | + | operator of the place of entertainment shall print, endorse or otherwise 443 |
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| 554 | + | Raised Bill No. 6858 |
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539 | | - | disclosing in such advertisement, whether displayed at the site of the 460 |
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540 | | - | event or elsewhere, the total price for each ticket and what portion of 461 |
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541 | | - | each ticket price, stated in a dollar amount, represents a service charge. 462 |
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542 | | - | (c) If a price is charged for admission to a place of entertainment, the 463 |
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543 | | - | operator of the place of entertainment shall print, endorse or otherwise 464 |
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544 | | - | disclose on the face of each ticket to an entertainment event at such place 465 |
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545 | | - | of entertainment (1) the price established for such ticket, or (2) if such 466 |
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546 | | - | operator, or such operator's agent, sells or resells such ticket, including 467 |
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547 | | - | at auction, the final price of such ticket. 468 |
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548 | | - | (d) (1) Any person that advertises or facilitates the sale or resale of a 469 |
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549 | | - | ticket to an entertainment event shall (A) disclose the total price of such 470 |
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550 | | - | ticket, which total price shall include all service charges required to 471 |
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551 | | - | purchase such ticket, and (B) disclose, in a clear and conspicuous 472 |
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552 | | - | manner, to the purchaser of such ticket the portion of the total ticket 473 |
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553 | | - | price, expressed as a dollar amount, that is attributable to service 474 |
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554 | | - | charges charged to such purchaser for such ticket. 475 |
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555 | | - | (2) Any person that advertises or facilitates the resale of a ticket to an 476 |
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556 | | - | entertainment event via an Internet web site or online technology 477 |
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557 | | - | platform, the primary purpose of which is to facilitate resales of such 478 |
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558 | | - | tickets, shall disclose, in a clear and conspicuous manner, (A) that the 479 |
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559 | | - | ticket is a resale ticket that may be offered at a price that is greater than 480 |
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560 | | - | the price of a ticket to an entertainment event that is offered or sold by 481 |
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561 | | - | the presenter of the entertainment event, and (B) the price that was 482 |
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562 | | - | printed, endorsed or otherwise disclosed on the face of the ticket at the 483 |
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563 | | - | time such ticket was first sold. 484 |
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564 | | - | [(2)] (3) The disclosures required under [subdivision] subdivisions (1) 485 |
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565 | | - | and (2) of this subsection shall be displayed [in the ticket listing before 486 |
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566 | | - | the ticket is selected for purchase. The total ticket price] when the ticket 487 |
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567 | | - | is initially offered for sale to consumers, and the displayed prices shall 488 |
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568 | | - | not increase during the period beginning when [a] the ticket is [selected 489 |
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569 | | - | for purchase] initially offered for sale to consumers and ending when 490 |
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570 | | - | [a] the ticket is purchased, except a reasonable service charge may be 491 Substitute Bill No. 6858 |
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| 558 | + | LCO No. 4326 16 of 18 |
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| 559 | + | |
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| 560 | + | disclose on the face of each ticket to an entertainment event at such place 444 |
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| 561 | + | of entertainment (1) the price established for such ticket, or (2) if such 445 |
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| 562 | + | operator, or such operator's agent, sells or resells such ticket, including 446 |
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| 563 | + | at auction, the final price of such ticket. 447 |
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| 564 | + | (d) (1) Any person that advertises or facilitates the sale or resale of a 448 |
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| 565 | + | ticket to an entertainment event shall (A) disclose the total price of such 449 |
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| 566 | + | ticket, which total price shall include all service charges required to 450 |
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| 567 | + | purchase such ticket, and (B) disclose, in a clear and conspicuous 451 |
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| 568 | + | manner, to the purchaser of such ticket the portion of the total ticket 452 |
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| 569 | + | price, expressed as a dollar amount, that is attributable to service 453 |
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| 570 | + | charges charged to such purchaser for such ticket. 454 |
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| 571 | + | (2) Any person that advertises or facilitates the resale of a ticket to an 455 |
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| 572 | + | entertainment event shall disclose, in a clear and conspicuous manner, 456 |
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| 573 | + | (A) that the ticket is a resale ticket that may be offered at a price that is 457 |
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| 574 | + | greater than the price of a ticket to an entertainment event that is offered 458 |
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| 575 | + | or sold by the presenter of the entertainment event, and (B) the price 459 |
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| 576 | + | that was printed, endorsed or otherwise disclosed on the face of the 460 |
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| 577 | + | ticket at the time such ticket was first sold. 461 |
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| 578 | + | [(2)] (3) The disclosures required under [subdivision] subdivisions (1) 462 |
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| 579 | + | and (2) of this subsection shall be displayed [in the ticket listing before 463 |
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| 580 | + | the ticket is selected for purchase. The total ticket price] when the ticket 464 |
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| 581 | + | is initially offered for sale to consumers and the displayed prices shall 465 |
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| 582 | + | not increase during the period beginning when a ticket is [selected for 466 |
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| 583 | + | purchase] initially offered for sale to consumers and ending when a 467 |
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| 584 | + | ticket is purchased, except a reasonable service charge may be charged 468 |
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| 585 | + | for delivery of a nonelectronic ticket if (A) such service charge is based 469 |
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| 586 | + | on the delivery method selected by the ticket purchaser, and (B) such 470 |
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| 587 | + | service charge is disclosed to such purchaser before such purchaser 471 |
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| 588 | + | purchases such ticket. 472 |
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| 589 | + | [(3)] (4) No disclosure required under this subsection shall be (A) 473 |
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| 590 | + | false or misleading, (B) presented more prominently than the total ticket 474 |
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| 591 | + | Raised Bill No. 6858 |
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575 | | - | charged for delivery of a nonelectronic ticket if (A) such service charge 492 |
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576 | | - | is based on the delivery method selected by the ticket purchaser, and (B) 493 |
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577 | | - | such service charge is disclosed to such purchaser before such purchaser 494 |
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578 | | - | purchases such ticket. 495 |
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579 | | - | [(3)] (4) No disclosure required under this subsection shall be (A) 496 |
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580 | | - | false or misleading, (B) presented more prominently than the total ticket 497 |
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581 | | - | price, or (C) displayed in a font size that is as large or larger than the 498 |
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582 | | - | font size in which the total ticket price is displayed. 499 |
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583 | | - | (e) A movie shall not be deemed to constitute an entertainment event 500 |
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584 | | - | for the purposes of this section. 501 |
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585 | | - | (f) A violation of any provision of this section shall constitute an 502 |
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586 | | - | unfair or deceptive act or practice in the conduct of trade or commerce 503 |
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587 | | - | pursuant to subsection (a) of section 42-110b. The Attorney General may 504 |
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588 | | - | investigate any violation of this section and enforce the provisions of 505 |
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589 | | - | this section. 506 |
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590 | | - | Sec. 13. Subsection (a) of section 47-36ddd of the general statutes is 507 |
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591 | | - | repealed and the following is substituted in lieu thereof (Effective from 508 |
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592 | | - | passage): 509 |
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593 | | - | (a) Not later than July 31, 2024, each real estate listing provider who 510 |
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594 | | - | entered into a real estate listing agreement on or before June 30, 2024, 511 |
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595 | | - | shall rerecord such agreement, and record notice of such agreement, 512 |
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596 | | - | with the town clerk of the town in which the residential real property 513 |
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597 | | - | that is the subject of such agreement is located if such agreement (1) 514 |
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598 | | - | purports to run with the land or bind future [holders] owners of 515 |
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599 | | - | interests in such residential real property, (2) allows for any assignment 516 |
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600 | | - | of any right to provide the real estate listing under such agreement 517 |
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601 | | - | without first providing notice to, and obtaining consent from, the owner 518 |
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602 | | - | of such residential real property, or (3) purports to create any lien or 519 |
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603 | | - | encumbrance upon, or other security interest in, such residential real 520 |
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604 | | - | property. 521 |
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605 | | - | Sec. 14. Section 19a-32n of the general statutes is repealed. (Effective 522 Substitute Bill No. 6858 |
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| 595 | + | LCO No. 4326 17 of 18 |
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629 | | - | Statement of Legislative Commissioners: |
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630 | | - | In Section 1(b)(1)(B), "clause (i) of this subparagraph" was changed to |
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631 | | - | "subparagraph (B)(i) of this subdivision" for consistency with standard |
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632 | | - | drafting conventions; in Section 1(b)(1)(C), "when" was changed to "at |
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633 | | - | the time" for consistency; in Section 1(c)(1)(A), "clause (i) of this |
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634 | | - | subparagraph" was changed to "subparagraph (A)(i) of this |
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635 | | - | subdivision" for consistency with standard drafting conventions; in |
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636 | | - | Section 3(a)(6)(B)(ii), "effort" was changed to "attempt" for internal |
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637 | | - | consistency; in Section 3(b)(4), "each" was changed to "either" for |
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638 | | - | internal consistency; in Section 3(b)(5), "VETERAN SERVICE |
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639 | | - | ORGANIZATION" was changed to "VETERANS SERVICE |
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640 | | - | ORGANIZATION" and "VETERAN SERVICE OFFICER" was changed |
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641 | | - | to "VETERANS SERVICE OFFICER" for accuracy; and in Section |
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642 | | - | 12(d)(3), "a" was changed to "[a] the" for internal consistency. |
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| 625 | + | Statement of Purpose: |
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| 626 | + | To (1) prohibit certain conduct, and require certain disclosures, |
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| 627 | + | concerning ticket sales and resales, (2) regulate veteran or military |
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| 628 | + | benefit services, (3) amend the Code of Ethics for Public Officials to |
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| 629 | + | authorize the Office of the Attorney General to retain certain persons as |
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| 630 | + | expert witnesses, (4) amend the Solicitation of Charitable Funds Act by |
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| 631 | + | (A) redefining various terms, (B) eliminating a fund-raising counsel |
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| 632 | + | Raised Bill No. 6858 |
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