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General Assembly Substitute Bill No. 6963
January Session, 2025
AN ACT CONCERNING THE ENFORCEMENT OF REQUIREMENTS
IMPOSED BY CERTAIN MUNICIPAL APPROVALS AND THE NEW
HOME CONSTRUCTION GUARANTY FUND.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (m) of section 8-3 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective October 2
1, 2025): 3
(m) (1) Notwithstanding the provisions of this section, any site plan 4
approval made under this section prior to July 1, 2011, that has not 5
expired prior to July 12, 2021, except an approval made under 6
subsection (j) of this section, shall expire not less than fourteen years 7
after the date of such approval and the commission may grant one or 8
more extensions of time to complete all or part of the work in connection 9
with such site plan, provided no approval, including all extensions, 10
shall be valid for more than nineteen years from the date the site plan 11
was approved. 12
(2) Notwithstanding the provisions of this section, any site plan 13
approval made under this section on or after July 1, 2011, but prior to 14
June 10, 2021, that did not expire prior to March 10, 2020, except an 15
approval made under subsection (j) of this section, shall expire not less 16
than fourteen years after the date of such approval and the commission 17 Substitute Bill No. 6963
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may grant one or more extensions of time to complete all or part of the 18
work in connection with such site plan, provided no approval, including 19
all extensions, shall be valid for more than nineteen years from the date 20
the site plan was approved. 21
(3) For the purposes of this subdivision, "incomplete work" means 22
any physical improvement required by the site plan approval that is 23
incomplete due to a suspension in construction, and "business" means a 24
sole proprietorship, trust, corporation, limited liability company, union, 25
association, firm, partnership or other organization or group of persons. 26
Any business that fails to complete any physical improvement required 27
by a site plan approval may be deemed in violation of this subsection if 28
the zoning enforcement officer finds that (A) such approval has not 29
expired, (B) work required pursuant to such approval has been 30
suspended before the completion of such work and the zoning 31
enforcement officer determines the business has no intent to resume 32
such work within a reasonable time period, and (C) the incomplete work 33
creates a condition constituting a public health or safety hazard. The 34
zoning enforcement officer may initiate an enforcement action pursuant 35
to section 8-12 against a business that violates this subsection. 36
Sec. 2. Subsection (a) of section 8-12a of the general statutes is 37
repealed and the following is substituted in lieu thereof (Effective October 38
1, 2025): 39
(a) Any municipality may, by ordinance adopted by its legislative 40
body, establish penalties for violations of zoning regulations adopted 41
under section 8-2 or by special act, or for violations of subdivision (3) of 42
subsection (m) of section 8-3, as amended by this act, subdivision (3) of 43
subsection (e) of section 8-26c, as amended by this act, or subsection (d) 44
of section 22a-44, as amended by this act. The ordinance shall establish 45
the types of violations for which a citation may be issued and the 46
amount of any fine to be imposed thereby and shall specify the time 47
period for uncontested payment of fines for any alleged violation under 48
any such regulation. No fine imposed under the authority of this section 49
may exceed one hundred fifty dollars for each day a violation continues. 50 Substitute Bill No. 6963
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Any fine imposed pursuant to this section shall be payable to the 51
treasurer of the municipality. 52
Sec. 3. Subsection (e) of section 8-26c of the general statutes is 53
repealed and the following is substituted in lieu thereof (Effective October 54
1, 2025): 55
(e) (1) Notwithstanding the provisions of this section, any 56
subdivision approval made under this section prior to July 1, 2011, that 57
has not expired prior to July 12, 2021, shall expire not less than fourteen 58
years after the date of such approval and the commission may grant one 59
or more extensions of time to complete all or part of the work in 60
connection with such subdivision, provided no subdivision approval, 61
including all extensions, shall be valid for more than nineteen years 62
from the date the subdivision was approved. 63
(2) Notwithstanding the provisions of this section, any subdivision 64
approval made under this section on or after July 1, 2011, but prior to 65
June 10, 2021, that did not expire prior to March 10, 2020, shall expire 66
not less than fourteen years after the date of such approval and the 67
commission may grant one or more extensions of time to complete all or 68
part of the work in connection with such subdivision, provided no 69
subdivision approval, including all extensions, shall be valid for more 70
than nineteen years from the date the subdivision was approved. 71
(3) For the purposes of this subdivision, "incomplete work" means 72
any physical improvement required by the subdivision plan approval 73
that is incomplete due to a suspension in construction, and "business" 74
means a sole proprietorship, trust, corporation, limited liability 75
company, union, association, firm, partnership or other organization or 76
group of persons. Any business that fails to complete any physical 77
improvement required by a subdivision approval may be deemed in 78
violation of this subsection if the zoning enforcement officer finds that 79
(A) such approval has not expired, (B) work required pursuant to such 80
approval has been suspended before the completion of such work and 81
the zoning enforcement officer determines the business has no intent to 82 Substitute Bill No. 6963
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resume such work within a reasonable time period, and (C) the 83
incomplete work creates a condition constituting a public health or 84
safety hazard. The zoning enforcement officer may initiate an 85
enforcement action pursuant to section 8-12 against a business that 86
violates this subsection. 87
Sec. 4. Section 22a-44 of the general statutes is repealed and the 88
following is substituted in lieu thereof (Effective October 1, 2025): 89
(a) If the inland wetlands agency or its duly authorized agent finds 90
that any person is conducting or maintaining any activity, facility or 91
condition [which] that is in violation of sections 22a-36 to 22a-45, 92
inclusive, or of the regulations of the inland wetlands agency, the 93
agency or its duly authorized agent may issue a written order, by 94
certified mail, to such person conducting such activity or maintaining 95
such facility or condition to cease immediately such activity or to correct 96
such facility or condition. [Within] Not more than ten days [of] after the 97
issuance of such order the agency shall hold a hearing to provide the 98
person an opportunity to be heard and show cause why the order 99
should not remain in effect. The agency shall consider the facts 100
presented at the hearing and within ten days of the completion of the 101
hearing notify the person by certified mail that the original order 102
remains in effect, that a revised order is in effect, or that the order has 103
been withdrawn. The original order shall be effective upon issuance and 104
shall remain in effect until the agency affirms, revises or withdraws the 105
order. The issuance of an order pursuant to this section shall not delay 106
or bar an action pursuant to subsection (b) of this section. The agency 107
may file a certificate of such order in the office of the town clerk of the 108
town in which the land is located and the town clerk shall record such 109
certificate on the land records of such town. Such certificate shall be 110
released upon compliance with such order. The commissioner may 111
issue orders pursuant to sections 22a-6 to 22a-7, inclusive, concerning 112
an activity, facility or condition (1) [which] that is in violation of said 113
sections 22a-36 to 22a-45, inclusive, if the municipality in which such 114
activity, facility or condition is located has failed to enforce its inland 115
wetlands regulations, or (2) for which an approval is required under 116 Substitute Bill No. 6963
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sections 22a-36 to 22a-45, inclusive, and for which such approval has not 117
been obtained. 118
(b) Any person who commits, takes part in, or assists in any violation 119
of any provision of sections 22a-36 to 22a-45, inclusive, including 120
regulations adopted by the commissioner and ordinances and 121
regulations promulgated by municipalities or districts pursuant to the 122
grant of authority herein contained, shall be assessed a civil penalty of 123
not more than one thousand dollars for each offense. Each violation of 124
said sections shall be a separate and distinct offense, and, in the case of 125
a continuing violation, each day's continuance thereof shall be deemed 126
to be a separate and distinct offense. The Superior Court, in an action 127
brought by the commissioner, municipality, district or any person, shall 128
have jurisdiction to restrain a continuing violation of said sections, to 129
issue orders directing that the violation be corrected or removed and to 130
assess civil penalties pursuant to this section. All costs, fees and 131
expenses in connection with such action shall be assessed as damages 132
against the violator together with reasonable attorney's fees which may 133
be allowed, all of which shall be awarded to the commissioner, 134
municipality, district or person which brought such action. All penalties 135
collected pursuant to this section shall be used solely by the 136
Commissioner of Energy and Environmental Protection (1) to restore 137
the affected wetlands or watercourses to their condition prior to the 138
violation, wherever possible, (2) to restore other degraded wetlands or 139
watercourses, (3) to inventory or index wetlands and watercourses of 140
the state, or (4) to implement a comprehensive training program for 141
inland wetlands agency members. 142
(c) Any person who wilfully or knowingly violates any provision of 143
sections 22a-36 to 22a-45, inclusive, shall be fined not more than one 144
thousand dollars for each day during which such violation continues, or 145
be imprisoned not more than six months, or both. For a subsequent 146
violation, such person shall be fined not more than two thousand dollars 147
for each day during which such violation continues or be imprisoned 148
not more than one year or both. For the purposes of this subsection, 149
"person" shall be construed to include any responsible corporate officer. 150 Substitute Bill No. 6963
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(d) For the purposes of this subdivision, "incomplete work" means 151
any physical improvement required by the inland wetlands approval 152
that is incomplete due to a suspension in construction, and "business" 153
means a sole proprietorship, trust, corporation, limited liability 154
company, union, association, firm, partnership or other organization or 155
group of persons. Any business that fails to complete any physical 156
improvement required by an inland wetlands approval may be deemed 157
in violation of this subsection if the authorized agent of the inland 158
wetlands agency, or where no such agent has been appointed, the 159
zoning enforcement officer, finds that (1) such approval has not expired, 160
(2) work required pursuant to such approval has been suspended before 161
the completion of such work and the agent, or the zoning enforcement 162
officer if no such agent has been appointed, determines the business has 163
no intent to resume such work within a reasonable time period, and (3) 164
the incomplete work creates a condition constituting a public health or 165
safety hazard. The authorized agent of the inland wetlands agency, or 166
where no such agent has been appointed, the zoning enforcement 167
officer, may initiate an enforcement action pursuant to section 8-12 168
against a business that violates this subsection. 169
Sec. 5. Section 20-417a of the general statutes is repealed and the 170
following is substituted in lieu thereof (Effective October 1, 2025): 171
As used in this section and sections 20-417b to 20-417j, inclusive: 172
(1) "Certificate" means a certificate of registration issued under 173
section 20-417b; 174
(2) "Commissioner" means the Commissioner of Consumer 175
Protection or any person designated by the commissioner to administer 176
and enforce this section and sections 20-417b to 20-417j, inclusive; 177
(3) "Completion" means the stage of construction of a new home in 178
which the new home construction contractor is in receipt of the 179
certificate of occupancy for such new home issued by the municipality 180
in which such new home is constructed; 181 Substitute Bill No. 6963
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(4) "Consumer" means the buyer or prospective buyer, or the buyer's 182
or prospective buyer's heirs or designated representatives, of any new 183
home or the owner of property on which a new home is being or will be 184
constructed, regardless of whether such owner obtains a building 185
permit as the owner of the premises affected pursuant to section 29-263; 186
[(3)] (5) "Contract" means any agreement between a new home 187
construction contractor and a consumer for the construction or sale of a 188
new home or any portion of a new home prior to occupancy; 189
[(4)] (6) "Engage in the business" means that the person engages in 190
the business for the purpose of compensation or profit; 191
(7) "New home" means any newly constructed (A) single-family 192
dwelling unit, (B) dwelling consisting of not more than two units, or (C) 193
unit, common element or limited common element in a condominium, 194
as defined in section 47-68a, or in a common interest community, as 195
defined in section 47-202; 196
[(5)] (8) "New home construction contractor" means any person who 197
contracts with a consumer to construct or sell a new home or any portion 198
of a new home prior to occupancy; 199
[(6) "New home" means any newly constructed (A) single-family 200
dwelling unit, (B) dwelling consisting of not more than two units, or (C) 201
unit, common element or limited common element in a condominium, 202
as defined in section 47-68a, or in a common interest community, as 203
defined in section 47-202;] 204
[(7)] (9) "Person" means one or more individuals, partnerships, 205
associations, corporations, limited liability companies, business trusts, 206
legal representatives or any organized group of persons; and 207
[(8) "Consumer" means the buyer or prospective buyer, or the buyer's 208
or prospective buyer's heirs or designated representatives, of any new 209
home or the owner of property on which a new home is being or will be 210
constructed regardless of whether such owner obtains a building permit 211 Substitute Bill No. 6963
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as the owner of the premises affected pursuant to section 29-263; and 212
(9) "Completion" means the stage of construction of a new home in 213
which the new home construction contractor is in receipt of the 214
certificate of occupancy for such new home issued by the municipality 215
in which such new home is constructed.] 216
(10) "Proprietor" means an individual who (A) has an ownership 217
interest in a business entity that holds or has held a certificate issued 218
under section 20-417b, and (B) has been found by a court of competent 219
jurisdiction to have violated any provision of this chapter related to the 220
conduct of a business entity holding a certificate or that has held a 221
certificate issued under section 20-417b within two years of the effective 222
date of entering into a contract with a consumer harmed by the actions 223
of such business entity or the owner of such business entity. 224
Sec. 6. Section 20-417i of the general statutes is repealed and the 225
following is substituted in lieu thereof (Effective October 1, 2025): 226
(a) The commissioner shall establish and maintain the New Home 227
Construction Guaranty Fund. 228
(b) Each person who receives a certificate pursuant to sections 20-229
417a to 20-417j, inclusive, as amended by this act, shall pay a fee of two 230
hundred forty dollars annually to the New Home Construction 231
Guaranty Fund. Such fees shall be payable with the fee for an 232
application for a certificate or renewal of a certificate. 233
(c) (1) For fiscal years commencing on or after July 1, 2003, payments 234
received under subsection (b) of this section shall be credited to the New 235
Home Construction Guaranty Fund until the balance in the fund equals 236
[seven] six hundred fifty thousand dollars. Annually, if the balance in 237
the fund exceeds [seven] six hundred fifty thousand dollars, the first 238
[three] four hundred thousand dollars of the excess shall be deposited 239
in the consumer protection enforcement account established in section 240
21a-8a. On June 1, 2004, and each June first thereafter, if the balance in 241
the fund exceeds [seven] six hundred fifty thousand dollars, the excess 242 Substitute Bill No. 6963
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shall be deposited in the General Fund. 243
(2) Any money in the New Home Construction Guaranty Fund may 244
be invested or reinvested in the same manner as funds of the state 245
employees retirement system and the interest arising from such 246
investments shall be credited to the fund. 247
(d) Whenever a consumer obtains a binding arbitration decision, a 248
court judgment, order or decree against or regarding any new home 249
construction contractor holding a certificate or who has held a certificate 250
under sections 20-417a to 20-417j, inclusive, as amended by this act, or 251
against a proprietor within two years of the date [of entering] such 252
contractor entered into the contract with the consumer, for loss or 253
damages sustained by reason of any violation of the provisions of 254
sections 20-417a to 20-417j, inclusive, as amended by this act, by a person 255
holding a certificate under said sections, such consumer may, upon the 256
final determination of, or expiration of time for taking, an appeal in 257
connection with any such decision, judgment, order or decree, apply to 258
the commissioner for an order directing payment out of the New Home 259
Construction Guaranty Fund of the amount, not exceeding [thirty] fifty 260
thousand dollars, unpaid upon the decision, judgment, order or decree 261
for actual damages and costs taxed by the court against such contractor 262
or proprietor, exclusive of punitive damages. The application shall be 263
made on forms provided by the commissioner and shall be 264
accompanied by a copy of the decision, court judgment, order or decree 265
obtained against the new home construction contractor or proprietor 266
together with a statement signed and sworn to by the consumer, 267
affirming that the consumer has: (1) Complied with all the requirements 268
of this subsection; (2) obtained a decision, judgment, order or decree 269
stating the amount of the decision, judgment, order or decree and the 270
amount owing on the decision, judgment, order or decree at the date of 271
application; and (3) made a good faith effort to satisfy any such decision, 272
judgment, order or decree in accordance with the provisions of chapter 273
906 which effort may include causing to be issued a writ of execution 274
upon such decision, judgment, order or decree, [but] provided the 275
officer executing the same has made a return showing that no bank 276 Substitute Bill No. 6963
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accounts or personal property of such contractor liable to be levied upon 277
in satisfaction of the decision, judgment, order or decree could be found, 278
or that the amount realized on the sale of them or of such of them as 279
were found, under the execution, was insufficient to satisfy the actual 280
damage portion of the decision, judgment, order or decree or stating the 281
amount realized and the balance remaining due on the decision, 282
judgment, order or decree after application on the decision, judgment, 283
order or decree of the amount realized, except that the requirements of 284
this subdivision shall not apply to a judgment, order or decree obtained 285
by the consumer in small claims court. A true and attested copy of such 286
executing officer's return, when required, shall be attached to such 287
application. Whenever the consumer satisfies the commissioner or the 288
commissioner's designee that it is not practicable to comply with the 289
requirements of subdivision (3) of this subsection and that the consumer 290
has taken all reasonable steps to collect the amount of the decision, 291
judgment, order or decree or the unsatisfied part of the decision, 292
judgment, order or decree and has been unable to collect the same, the 293
commissioner or the commissioner's designee may, in the 294
commissioner's or the commissioner's designee's discretion, dispense 295
with the necessity for complying with such requirement. No application 296
for an order directing payment out of the fund shall be made later than 297
two years from the final determination of, or expiration of time for 298
taking, an appeal of such decision, court judgment, order or decree and 299
no such application shall be for an amount in excess of [thirty] fifty 300
thousand dollars. 301
(e) Upon receipt of such application together with such copy of the 302
decision, court judgment, order or decree, statement and, except as 303
otherwise provided in subsection (d) of this section, true and attested 304
copy of the executing officer's return, the commissioner or the 305
commissioner's designee shall inspect such documents for their veracity 306
and upon a determination that such documents are complete and 307
authentic and that the consumer has not been paid, the commissioner 308
shall order payment out of the New Home Construction Guaranty Fund 309
of the amount not exceeding [thirty] fifty thousand dollars unpaid upon 310 Substitute Bill No. 6963
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the decision, judgment, order or decree for actual damages and costs 311
taxed by the court against the contractor or proprietor, exclusive of 312
punitive damages. 313
(f) [Beginning] (1) Between October 1, 2000, and September 30, 2025, 314
whenever a consumer is awarded an order of restitution against any 315
new home construction contractor for loss or damages sustained as a 316
result of any violation of the provisions of sections 20-417a to 20-417j, 317
inclusive, as amended by this act, by a person holding a certificate or 318
who has held a certificate under said sections within two years of the 319
date of entering into the contract with the consumer, in [(1)] (A) a 320
proceeding brought by the commissioner pursuant to subsection [(h)] (i) 321
of this section or subsection (d) of section 42-110d, [(2)] (B) a proceeding 322
brought by the Attorney General pursuant to subsection (a) of section 323
42-110m or subsection (d) of section 42-110d, or [(3)] (C) a criminal 324
proceeding pursuant to section 20-417e, such consumer may, upon the 325
final determination of, or expiration of time for taking, an appeal in 326
connection with any such order of restitution, apply to the 327
commissioner for an order directing payment out of the New Home 328
Construction Guaranty Fund of the amount not exceeding [thirty] fifty 329
thousand dollars unpaid upon the order of restitution. The 330
commissioner may issue such order upon a determination that the 331
consumer has not been paid. 332
(2) Beginning on October 1, 2025, whenever a consumer is awarded 333
an order of restitution against any new home construction contractor or 334
proprietor for loss or damages sustained as a result of any violation of 335
the provisions of sections 20-417a to 20-417j, inclusive, as amended by 336
this act, by a person holding a certificate or who has held a certificate 337
under said sections within two years of the date such contractor entered 338
into the contract with the consumer, in (A) a proceeding brought by the 339
commissioner pursuant to subsection (i) of this section or subsection (d) 340
of section 42-110d, (B) a proceeding brought by the Attorney General 341
pursuant to subsection (a) of section 42-110m or subsection (d) of section 342
42-110d, or (C) a criminal proceeding pursuant to section 20-417e, such 343
consumer may, upon the final determination of, or expiration of time for 344 Substitute Bill No. 6963
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taking, an appeal in connection with any such order of restitution, apply 345
to the commissioner for an order directing payment out of the New 346
Home Construction Guaranty Fund of the amount not exceeding fifty 347
thousand dollars unpaid upon the order of restitution. The 348
commissioner may issue such order upon a determination that the 349
consumer has not been paid. 350
(g) Whenever the commissioner orders payment to a consumer from 351
the New Home Construction Guaranty Fund based upon a decision, 352
judgment, order or decree of restitution, the contractor and proprietor 353
shall be liable for the resulting debt to the New Home Construction 354
Guaranty Fund. 355
[(g)] (h) Before the commissioner may issue any order directing 356
payment out of the New Home Construction Guaranty Fund to a 357
consumer pursuant to subsection (e) or (f) of this section, the 358
commissioner shall first notify the new home construction contractor of 359
the consumer's application for an order directing payment out of the 360
fund and of the new home construction contractor's right to a hearing 361
to contest the disbursement in the event that such contractor or 362
proprietor has already paid the consumer. Such notice shall be given to 363
the new home construction contractor not later than fifteen days after 364
receipt by the commissioner of the consumer's application for an order 365
directing payment out of the fund. If the new home construction 366
contractor requests a hearing, in writing, by certified mail not later than 367
fifteen days after receiving the notice from the commissioner, the 368
commissioner shall grant such request and shall conduct a hearing in 369
accordance with the provisions of chapter 54. If the commissioner does 370
not receive a written request for a hearing by certified mail from the new 371
home construction contractor on or before the fifteenth day from the 372
contractor's receipt of such notice, the commissioner shall conclude that 373
the consumer has not been paid, and the commissioner shall issue an 374
order directing payment out of the fund for the amount not exceeding 375
[thirty] fifty thousand dollars unpaid upon the judgment, order or 376
decree for actual damages and costs taxed by the court against the new 377
home construction contractor or proprietor, exclusive of punitive 378 Substitute Bill No. 6963
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damages, or for the amount not exceeding [thirty] fifty thousand dollars 379
unpaid upon the order of restitution. 380
[(h)] (i) The commissioner or the commissioner's designee may 381
proceed against any new home construction contractor holding a 382
certificate or who has held a certificate under sections 20-417a to 20-417j, 383
inclusive, as amended by this act, within two years of the effective date 384
of entering into the contract with the consumer, for an order of 385
restitution arising from loss or damages sustained by any consumer as 386
a result of any violation of the provisions of said sections 20-417a to 20-387
417j, inclusive, by the contractor or proprietor. Any such proceeding 388
shall be held in accordance with the provisions of chapter 54. In the 389
course of such proceeding, the commissioner or the commissioner's 390
designee shall decide whether to (1) exercise the powers specified in 391
section 20-417c, (2) order restitution arising from loss or damages 392
sustained by any consumer as a result of any violation of the provisions 393
of sections 20-417a to 20-417j, inclusive, as amended by this act, and (3) 394
order payment out of the New Home Construction Guaranty Fund. 395
Notwithstanding the provisions of chapter 54, the decision of the 396
commissioner or the commissioner's designee shall be final with respect 397
to any proceeding to order payment out of the fund and the 398
commissioner and the commissioner's designee shall not be subject to 399
the requirements of chapter 54 as such requirements relate to an appeal 400
from any such decision. The commissioner or the commissioner's 401
designee may hear complaints of all consumers submitting claims 402
against a single new home construction contractor in one proceeding. 403
[(i)] (j) No application for an order directing payment out of the New 404
Home Construction Guaranty Fund shall be made later than two years 405
from the final determination of, or expiration of time for, an appeal in 406
connection with any judgment, order or decree of restitution, and no 407
such application shall be for an amount in excess of [thirty] fifty 408
thousand dollars. 409
[(j)] (k) In order to preserve the integrity of the New Home 410
Construction Guaranty Fund, the commissioner, in the commissioner's 411 Substitute Bill No. 6963
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sole discretion, may order payment out of the fund of an amount less 412
than the actual loss or damages incurred by the consumer or less than 413
the order of restitution awarded by the commissioner or the Superior 414
Court. In no event shall any payment out of the fund be in excess of 415
[thirty] fifty thousand dollars for any single claim by a consumer. 416
[(k)] (l) If the money deposited in the New Home Construction 417
Guaranty Fund is insufficient to satisfy any duly authorized claim or 418
portion of a claim, the commissioner shall, when sufficient money has 419
been deposited in the fund, satisfy such unpaid claims or portions of 420
claims not exceeding [thirty] fifty thousand dollars, in the order that 421
such claims or portions of claims were originally determined. 422
[(l)] (m) Whenever the commissioner has caused any sum to be paid 423
from the New Home Construction Guaranty Fund to a consumer, the 424
commissioner shall be subrogated to all of the rights of the consumer up 425
to the amount paid plus reasonable interest, and prior to receipt of any 426
payment from the fund, the consumer shall assign all of the consumer's 427
right, title and interest in the claim up to such amount to the 428
commissioner, and any amount and interest recovered by the 429
commissioner on the claim shall be deposited in the fund. 430
[(m)] (n) If the commissioner orders the payment of any amount as a 431
result of a guaranty fund claim against a new home construction 432
contractor or proprietor, the commissioner shall determine if such 433
contractor is possessed of assets liable to be sold or applied in 434
satisfaction of the claim on the New Home Construction Guaranty 435
Fund. If the commissioner discovers any such assets, the commissioner 436
may request that the Attorney General take any action necessary for the 437
reimbursement of the fund. 438
[(n)] (o) If the commissioner orders the payment of an amount as a 439
result of a guaranty fund claim against a new home construction 440
contractor, the commissioner may, after notice and hearing in 441
accordance with the provisions of chapter 54, revoke the certificate of 442
such contractor and such contractor shall not be eligible to receive a new 443 Substitute Bill No. 6963
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or renewed certificate until such contractor has repaid such amount in 444
full, plus interest from the time such payment is made from the New 445
Home Construction Guaranty Fund, at a rate to be in accordance with 446
section 37-3b, except that the commissioner may, in the commissioner's 447
sole discretion, permit a new home construction contractor to receive a 448
new or renewed certificate after such contractor has entered into an 449
agreement with the commissioner whereby such contractor agrees to 450
repay the fund in full in the form of periodic payments over a set period 451
of time. Any such agreement shall include a provision providing for the 452
summary suspension of any and all certificates held by the new home 453
construction contractor if payment is not made in accordance with the 454
terms of the agreement. 455
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 8-3(m)
Sec. 2 October 1, 2025 8-12a(a)
Sec. 3 October 1, 2025 8-26c(e)
Sec. 4 October 1, 2025 22a-44
Sec. 5 October 1, 2025 20-417a
Sec. 6 October 1, 2025 20-417i
PD Joint Favorable Subst.