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Connecticut Senate Bill SB01357

Connecticut 2025 Regular Session

Connecticut Senate Bill SB01357 Compare Versions

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5-General Assembly Substitute Bill No. 1357
3+LCO No. 4689 1 of 84
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5+General Assembly Raised Bill No. 1357
66 January Session, 2025
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7+LCO No. 4689
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10+Referred to Committee on GENERAL LAW
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13+Introduced by:
14+(GL)
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1219 AN ACT CONCERNING THE DEPARTMENT OF CONSUMER
1320 PROTECTION'S RECOMMENDATIONS REGARDING VARIOUS
1421 STATUTES CONCERNING CONSUMER PROTECTION.
1522 Be it enacted by the Senate and House of Representatives in General
1623 Assembly convened:
1724
18-Section 1. Section 20-289 of the general statutes is repealed and the 1
19-following is substituted in lieu thereof (Effective from passage): 2
20-There shall be an Architectural Licensing Board in the Department of 3
21-Consumer Protection. The board shall consist of five members. The 4
22-Governor shall appoint two members of the board who shall be public 5
23-members and three members of the board who shall be architects 6
24-residing in this state. The Governor shall have the power to remove any 7
25-member from office for misconduct, incapacity or neglect of duty. 8
26-Members shall not be compensated for their services but shall be 9
27-reimbursed for necessary expenses incurred in the performance of their 10
28-duties. The board shall keep a record of its proceedings and a roster of 11
29-all licensed architects entitled to practice architecture and of all persons 12
30-holding certificates of authority under sections 20-295 and 20-295a of the 13
31-general statutes, revised to 1968, and corporations holding certificates 14
32-of authorization for the practice of architecture under section 20-298b in 15
33-this state. The department shall adopt regulations, in consultation with 16
34-the board and in accordance with chapter 54, concerning eligibility for 17
35-architectural licensing examinations, appeals of examination grades, 18 Substitute Bill No. 1357
36-
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40-reciprocal licensing, requirements for continuing professional education 19
41-for renewal of licensure, qualifications for registration for Architect 20
42-Emeritus and such other matters as the department deems necessary to 21
43-carry out the purposes of this chapter. The board shall, annually, 22
44-prepare a roster of all licensed architects and the last-known mailing 23
45-address of such architects. A copy of such roster shall be placed on file 24
46-with the Secretary of the State and with the town building department 25
47-of each town. The Commissioner of Consumer Protection, with advice 26
48-and assistance from the board, shall adopt regulations, in accordance 27
49-with chapter 54, (1) concerning professional ethics and conduct 28
50-appropriate to establish and maintain a high standard of integrity and 29
51-dignity in the practice of the profession, and (2) for the conduct of the 30
52-board's affairs and for the examination of applicants for a license. The 31
53-board shall, after public notice, hold at least one meeting per quarter, in 32
54-each calendar year, for the purpose of considering applications for 33
55-licenses and for the transaction of other business. Any person aggrieved 34
56-by an order made under this chapter may appeal from such order as 35
57-provided in section 4-183. Appeals under this section shall be privileged 36
58-in respect to the order of trial and assignment. 37
59-Sec. 2. Section 20-290 of the general statutes is repealed and the 38
60-following is substituted in lieu thereof (Effective from passage): 39
61-In order to safeguard life, health and property, no person shall 40
62-practice architecture in this state, except as provided in this chapter, or 41
63-use the title "architect", or display or use any words, terms, letters, 42
64-figures, title, sign, seal, advertisement or other device to indicate that 43
65-such person practices or offers to practice architecture, including, but 44
66-not limited to, the terms "architectural design", "architectural services" 45
67-and "architectural drawings", unless such person has obtained a license 46
68-as provided in this chapter. Nothing in this chapter shall prevent any 47
69-Connecticut corporation in existence prior to 1933, whose charter 48
70-authorizes the practice of architecture, from making plans and 49
71-specifications or supervising the construction of any building, except 50
72-that no such corporation shall issue plans or specifications unless such 51
73-plans or specifications have been signed and sealed by an architect 52 Substitute Bill No. 1357
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78-licensed under the provisions of this chapter. 53
79-Sec. 3. Section 20-292 of the general statutes is repealed and the 54
80-following is substituted in lieu thereof (Effective from passage): 55
81-(a) Each licensed architect shall renew his or her license annually. 56
82-Pursuant to section 20-289, as amended by this act, a licensee shall pay 57
83-to the department the professional services fee for class F, as defined in 58
84-section 33-182l and shall submit proof of, or attest to, completion of 59
85-continuing professional education requirements. 60
86-(b) Each corporation holding a certificate of authorization for the 61
87-practice of architecture shall renew its certificate of authorization for the 62
88-practice of architecture each year and pay to the department a renewal 63
89-fee of two hundred twenty dollars. 64
90-(c) An applicant for examination or reexamination under this chapter 65
91-shall pay a nonrefundable fee of seventy-two dollars and an amount 66
92-sufficient to meet the cost of conducting each portion of the examination 67
93-taken by such applicant. The fee for an applicant who qualifies for a 68
94-license, other than by examination, in accordance with the provisions of 69
95-section 20-291, shall be one hundred dollars. 70
96-(d) Pursuant to section 20-289, as amended by this act, an architect 71
97-who is retired and not practicing any aspect of architecture and who [is] 72
98-(1) is sixty-five years of age or older, or (2) has been licensed for a 73
99-minimum of ten years in this state, may apply for registration as an 74
100-Architect Emeritus. The fee for such registration shall be ten dollars. An 75
101-Architect Emeritus may not engage in the practice of architecture 76
102-without applying for and receiving an architect license. 77
103-(e) (1) [For] Except as provided in subdivisions (2) to (4), inclusive, of 78
104-this subsection, for renewal of a license under this section, other than 79
105-under subsection (d) of this section, an applicant shall submit proof or 80
106-attest that he or she has completed twelve hours of continuing 81
107-professional education during the continuing professional education 82
108-period. The continuing professional education period shall commence 83 Substitute Bill No. 1357
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113-three calendar months prior to the license expiration date and shall run 84
114-for a period of twelve months from the date of commencement. 85
115-(2) No licensed architect shall be required to comply with the 86
116-continuing professional education requirements established in this 87
117-section until after the licensed architect's first license renewal. 88
118-(3) No architect who is registered as an Architect Emeritus in the 89
119-manner set forth in subsection (d) of this section shall be subject to the 90
120-continuing professional education requirements established in this 91
121-section. 92
122-(4) (A) The board may, in the board's discretion, excuse a licensed 93
123-architect from the continuing professional education requirements 94
124-established in this section for reasons of health, military service or other 95
125-individual hardship, provided (i) the licensed architect otherwise 96
126-satisfies all requirements to renew such licensed architect's license, and 97
127-(ii) the board issues its decision to excuse the licensed architect from 98
128-such continuing professional education requirements in writing. 99
129-(B) A written decision issued by the board pursuant to subparagraph 100
130-(A) of this subdivision shall be a final decision and not appealable to the 101
131-department. 102
132-(f) (1) For renewal of a license under this section, the department shall 103
133-charge the following fees for failure to earn continuing professional 104
134-education credits by the end of the continuing professional education 105
135-period: 106
136-(A) Three hundred fifteen dollars for reporting on a renewal 107
137-application that any of the minimum of twelve hours of continuing 108
138-professional education was earned up to thirteen weeks following the 109
139-end of the continuing professional education period; and 110
140-(B) Six hundred twenty-five dollars for reporting on a renewal 111
141-application that any of the minimum of twelve hours of continuing 112
142-professional education was earned for more than thirteen weeks and up 113 Substitute Bill No. 1357
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147-to twenty-six weeks following the end of the continuing professional 114
148-education period. 115
149-(2) Failure [,] on the part of a licensee under this section to comply 116
150-with the continuing professional education requirements for more than 117
151-twenty-six weeks beyond the continuing professional education period 118
152-may result in the imposition of a civil penalty in an amount not to exceed 119
153-one thousand dollars, or in the suspension, revocation or refusal to 120
154-renew the licensee's license, by the board or department [,] following an 121
155-administrative hearing held pursuant to chapter 54. 122
156-Sec. 4. Section 20-298 of the general statutes is repealed and the 123
157-following is substituted in lieu thereof (Effective from passage): 124
158-(a) The following activities are exempted from the provisions of this 125
159-chapter: (1) The practice of engineering by a professional engineer 126
160-licensed under the provisions of chapter 391, and the performance by 127
161-such professional engineer of architectural work for which such 128
162-professional engineer is qualified by education and experience and 129
163-which is incidental to such professional engineer's engineering work; (2) 130
164-the construction or alteration of a residential building to provide 131
165-dwelling space for not more than two families, or of a private garage or 132
166-other accessory building intended for use with such residential 133
167-building, or of any farm building or structure for agricultural use; (3) 134
168-the preparation of details and shop drawings by persons other than 135
169-architects, for use in execution of the work of such persons, when 136
170-buildings are designed in accordance with the requirements of this 137
171-chapter; (4) the activities of employees of architects licensed in this state 138
172-acting under the instructions, control or supervision of their employers; 139
173-(5) the superintendence by builders, or properly qualified 140
174-superintendents employed by such builders, of the construction or 141
175-structural alteration of buildings or structures; (6) the activities of 142
176-officers and employees of any public utility corporation whose 143
177-operations are under the jurisdiction of the Public Utilities Regulatory 144
178-Authority; (7) the activities of officers and employees of the government 145
179-of the United States while engaged in this state in the practice of 146 Substitute Bill No. 1357
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184-architecture for said government; and (8) the making of plans and 147
185-specifications for or supervising the erection of any building, any 148
186-building addition or any alteration to an existing building, where the 149
187-building, including any addition, contains less than five thousand 150
188-square feet total area, provided (A) this subdivision shall not be 151
189-construed to exempt from the provisions of this chapter buildings of less 152
190-than five thousand square feet total area of the use groups as defined in 153
191-the State Building Code as follows: Assembly, educational, institutional, 154
192-high hazard, transient residential, which includes hotels, motels, 155
193-rooming or boarding houses, dormitories and similar buildings, and (B) 156
194-the area specified in this subdivision is to be calculated from the exterior 157
195-dimensions of the outside walls of the building and shall include all 158
196-occupiable floors or levels. 159
197-(b) No person claiming an exemption under subsection (a) of this 160
198-section shall use the title "architect", or display or use any words, terms, 161
199-letters, figures, title, sign, seal, advertisement or other device to indicate 162
200-or imply that such person practices or offers to practice architecture, 163
201-including, but not limited to, the terms "architectural design", 164
202-"architectural services" and "architectural drawings", unless such person 165
203-has obtained a license as provided in this chapter. 166
204-(c) A person claiming an exemption under subdivisions (1) to (6), 167
205-inclusive, of subsection (a) of this section or subdivision (8) of said 168
206-subsection (a) of this section who has not obtained a license as provided 169
207-in this chapter shall clearly and conspicuously include the words "NOT 170
208-A LICENSED ARCHITECT" on all contracts, advertisements, 171
209-promotional materials, plans and specifications. 172
210-Sec. 5. Subsection (c) of section 20-314 of the general statutes is 173
211-repealed and the following is substituted in lieu thereof (Effective July 1, 174
212-2025): 175
213-(c) In order to determine the competency of any applicant for a real 176
214-estate licensee's license, the commission or Commissioner of Consumer 177
215-Protection shall, on payment of an application fee of one hundred 178 Substitute Bill No. 1357
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220-twenty dollars by an applicant for a real estate broker's license or an 179
221-application fee of eighty dollars by an applicant for a real estate 180
222-salesperson's license, subject such applicant to personal written 181
223-examination as to the applicant's competency to act as a real estate 182
224-broker or real estate salesperson, as the case may be. Each examination 183
225-shall be prepared by the department or by a national testing service 184
226-designated by the commissioner and shall be administered to applicants 185
227-by the department or by such testing service at such times and places as 186
228-the commissioner may deem necessary. The commission or 187
229-commissioner may waive the uniform portion of the written 188
230-examination requirement in the case of an applicant who has taken the 189
231-national testing service examination in another state within two years 190
232-from the date of application and has received a score deemed 191
233-satisfactory by the commission or commissioner. An applicant shall 192
234-submit evidence of the applicant's successful completion of the required 193
235-written examination, which successful completion shall occur not later 194
236-than two years after the date of application unless the commission, in 195
237-the commission's discretion, grants a hardship extension to the 196
238-applicant. The commissioner shall adopt regulations, in accordance 197
239-with chapter 54, establishing passing scores for examinations. In 198
240-addition to such application fee, applicants taking the examination 199
241-administered by a national testing service shall be required to pay 200
242-directly to such testing service an examination fee covering the cost of 201
243-such examination. Each payment of such application fee shall entitle the 202
244-applicant to take such examination within the one-year period from the 203
245-date of payment. 204
246-Sec. 6. Section 20-324e of the general statutes is repealed and the 205
247-following is substituted in lieu thereof (Effective from passage): 206
248-[(a) When any aggrieved person commences any action for a 207
249-judgment which may result in collection from the Real Estate Guaranty 208
250-Fund, the aggrieved person shall notify the commission or department 209
251-in writing to this effect at the time of the commencement of such action. 210
252-Such written notice shall toll the time for making application to the 211
253-commission pursuant to section 20-324d. The commission or 212 Substitute Bill No. 1357
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258-department shall have the right to enter an appearance, intervene in or 213
259-defend any such action and may waive the required written notice for 214
260-good cause shown.] 215
261-[(b)] (a) When any aggrieved person [recovers a valid judgment in 216
262-the Superior Court] obtains a binding arbitration decision, court 217
263-judgment, order or decree against any real estate licensee or the 218
264-unlicensed employee of any such real estate licensee for loss or damages 219
265-sustained by reason of the embezzlement of money or property, or 220
266-money or property unlawfully obtained from any person by false 221
267-pretenses, artifice or forgery or by reason of any fraud, 222
268-misrepresentation or deceit by or on the part of such real estate licensee 223
269-or the unlicensed employee of any such real estate [broker] licensee, 224
270-such aggrieved person may upon the final determination of, or 225
271-expiration of time for appeal in connection with, any decision, 226
272-judgment, order or decree, apply to the [commission] department for an 227
273-order directing payment out of the Real Estate Guaranty Fund of the 228
274-amount unpaid upon the decision, judgment, order or decree, subject to 229
275-the limitations stated in section 20-324a and the limitations specified in 230
276-this section. 231
277-[(c)] (b) The [commission] department shall proceed upon such 232
278-application in a summary manner, and [, upon the hearing thereof,] the 233
279-aggrieved person shall be required to show that: (1) Such aggrieved 234
280-person is not a spouse of the debtor or the personal representative of 235
281-such spouse; (2) such aggrieved person has complied with all the 236
282-requirements of this section; (3) such aggrieved person has obtained a 237
283-decision, judgment, order or decree as provided in subsection [(b)] (a) 238
284-of this section, stating the amount thereof and the amount owing 239
285-thereon at the date of the application; (4) such aggrieved person has 240
286-caused to be issued a writ of execution upon the decision, judgment, 241
287-order or decree and the officer executing the same has made a return 242
288-showing that no personal or real property of the [judgment] debtor 243
289-liable to be levied upon in satisfaction of the decision, judgment, order 244
290-or decree could be found, or that the amount realized on the sale of them 245
291-or of such of them as were found, under the execution, was insufficient 246 Substitute Bill No. 1357
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296-to satisfy the decision, judgment, order or decree, stating the amount so 247
297-realized and the balance remaining due on the decision, judgment, order 248
298-or decree after application thereon of the amount realized; (5) such 249
299-aggrieved person has made all reasonable searches and inquiries to 250
300-ascertain whether the [judgment debtor] real estate licensee or 251
301-unlicensed employee of a real estate licensee possesses real or personal 252
302-property or other assets, liable to be sold or applied in satisfaction of the 253
303-decision, judgment, order or decree; and (6) that by such search such 254
304-aggrieved person has discovered no personal or real property or other 255
305-assets liable to be sold or applied, or that such aggrieved person has 256
306-discovered certain of them, describing them, owned by the [judgment 257
307-debtor] real estate licensee or unlicensed employee of a real estate 258
308-licensee and liable to be so applied, and that such aggrieved person has 259
309-taken all necessary action and proceedings for the realization thereof, 260
310-and that the amount thereby realized was insufficient to satisfy the 261
311-decision, judgment, order or decree, stating the amount so realized and 262
312-the balance remaining due on the decision, judgment, order or decree 263
313-after application of the amount realized. 264
314-[(d)] (c) Whenever the aggrieved person satisfies the [commission] 265
315-department that it is not practicable to comply with one or more of the 266
316-requirements enumerated in subdivisions (4), (5) and (6) of subsection 267
317-[(c)] (b) of this section and that such aggrieved person has taken all 268
318-reasonable steps to collect the amount of the decision, judgment, order 269
319-or decree or the unsatisfied part thereof and has been unable to collect 270
320-the same, the [commission] department may in its discretion waive such 271
321-requirements. 272
322-[(e)] (d) The [commission] department shall order payment from the 273
323-Real Estate Guaranty Fund of any sum it shall find to be payable upon 274
324-the claim, pursuant to the provisions of and in accordance with the 275
325-limitations contained in this section and section 20-324a, if the 276
326-[commission] department is satisfied [, upon the hearing,] of the truth 277
327-of all matters required to be shown by the aggrieved person by 278
328-subsection [(c)] (b) of this section and that such aggrieved person has 279
329-fully pursued and exhausted all remedies available to such aggrieved 280 Substitute Bill No. 1357
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334-person for recovering the amount awarded by the decision, judgment, 281
335-[of the court] order or decree. 282
336-[(f)] (e) If the [commission] department pays from the Real Estate 283
337-Guaranty Fund any amount in settlement of a claim or toward 284
338-satisfaction of a decision, judgment, order or decree against a real estate 285
339-licensee or an unlicensed employee of a real estate licensee pursuant to 286
340-an order under subsection [(e)] (d) of this section, such [real estate 287
341-licensee] person shall not be eligible to receive a new license until such 288
342-[real estate licensee] person has repaid in full, plus interest at [a] the rate 289
343-[to be determined by the commission and which shall reflect current 290
344-market rates, the amount paid from the fund on such real estate 291
345-licensee's account] of ten per cent per year. A discharge in bankruptcy 292
346-shall not relieve a person from the penalties and disabilities provided in 293
347-this subsection. 294
348-[(g)] (f) If, at any time, the money deposited in the Real Estate 295
349-Guaranty Fund is insufficient to satisfy any duly authorized claim or 296
350-portion thereof, the [commission] department shall, when sufficient 297
351-money has been deposited in the fund, satisfy such unpaid claims or 298
352-portions thereof, in the order that such claims or portions thereof were 299
353-originally filed, plus accumulated interest at the rate of four per cent a 300
354-year. 301
355-Sec. 7. Subsection (b) of section 20-333 of the general statutes is 302
356-repealed and the following is substituted in lieu thereof (Effective from 303
357-passage): 304
358-(b) The department shall conduct such written, oral and practical 305
359-examinations as the appropriate board, with the consent of the 306
360-commissioner, deems necessary to test the knowledge of the applicant 307
361-in the work for which a license is being sought. The department shall 308
362-allow any applicant, who has not participated in [an] a registered 309
363-apprenticeship program, as set forth in section 31-22r, but either 310
364-presents a recommendation for review issued pursuant to section 31-311
365-22u [,] or demonstrates to the department, in consultation with the 312 Substitute Bill No. 1357
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370-applicable board, equivalent experience and training, to sit for any such 313
371-examination. Any person completing the required apprentice training 314
372-program for a journeyman's license under section 20-334a shall, [within] 315
373-not later than thirty days [following such completion] after completing 316
374-such program, apply for a licensure examination given by the 317
375-department or a person authorized by the department to give such 318
376-examination. If an applicant does not pass such licensure examination, 319
377-the commissioner shall provide each failed applicant with information 320
378-on how to retake the examination and a report describing the applicant's 321
379-strengths and weaknesses in such examination. Any apprentice permit 322
380-issued under section 20-334a to an applicant who fails three licensure 323
381-examinations in any one-year period shall remain in effect if such 324
382-applicant applies for and takes the first licensure examination given by 325
383-the department following the one-year period [from] beginning on the 326
384-date of such applicant's third and last unsuccessful licensure 327
385-examination. Otherwise, such permit shall be revoked as of the date of 328
386-the first examination given by the department following expiration of 329
387-such one-year period. An applicant shall submit evidence of successful 330
388-completion of the applicant's final licensure examination, which 331
389-successful completion shall occur within two years of the date of the 332
390-relevant licensure application, unless the appropriate board grants a 333
391-hardship extension of such two-year period. 334
392-Sec. 8. Section 20-341 of the general statutes is repealed and the 335
393-following is substituted in lieu thereof (Effective October 1, 2025): 336
394-(a) (1) Any person who wilfully engages in or practices the work or 337
395-occupation for which a license is required by this chapter or chapter 338
396-399b without having first obtained an apprentice permit or a certificate 339
397-and license for such work, as applicable, or who wilfully employs or 340
398-supplies for employment a person who does not have a certificate and 341
399-license for such work, or who wilfully and falsely pretends to qualify to 342
400-engage in or practice such work or occupation, including, but not 343
401-limited to, offering to perform such work in any print, electronic, 344
402-television or radio advertising or listing when such person does not hold 345
403-a license for such work as required by this chapter, or who wilfully 346 Substitute Bill No. 1357
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408-engages in or practices any of the work or occupations for which a 347
409-license is required by this chapter after the expiration of such person's 348
410-license, shall be guilty of a class B misdemeanor, except that no criminal 349
411-charges shall be instituted against such person pursuant to this 350
412-[subsection] subdivision unless the work activity in question is 351
413-reviewed by the Commissioner of Consumer Protection, or the 352
414-commissioner's authorized agent, and the commissioner or such agent 353
415-specifically determines, in writing, that such work activity requires a 354
416-license and is not the subject of a bona fide dispute between persons 355
417-engaged in any trade or craft, whether licensed or unlicensed. 356
418-Notwithstanding the provisions of subsection (d) or (e) of section 53a-357
419-29 and subsection (d) of section 54-56e, if the court determines that such 358
420-person cannot fully repay any victims of such person within the period 359
421-of probation established in subsection (d) or (e) of section 53a-29 or 360
422-subsection (d) of section 54-56e, the court may impose probation for a 361
423-period of not more than five years. The penalty provided in this 362
424-[subsection] subdivision shall be in addition to any other penalties and 363
425-remedies available under this chapter or chapter 416. 364
426-[(b)] (2) The Commissioner of Consumer Protection may order any 365
427-person who is not registered as an apprenticeship sponsor with the 366
428-Labor Department and who advertises, offers, engages in or practices 367
429-the work of a program of apprenticeship training for the purpose of 368
430-providing the experience necessary to obtain a journeyperson's license 369
431-under this chapter without first registering such program with the 370
432-Labor Department pursuant to sections 31-22m to 31-22v, inclusive, to 371
433-immediately cease and desist such advertising, offer, engagement or 372
434-practice until such person and program are properly registered with the 373
435-Labor Department pursuant to sections 31-22m to 31-22v, inclusive. The 374
436-Commissioner of Consumer Protection may, after a hearing held in 375
437-accordance with chapter 54, impose a fine in an amount not to exceed 376
438-five thousand dollars for each violation of this [subsection] subdivision. 377
439-[(c)] (3) The Commissioner of Consumer Protection may order any 378
440-person who is registered as an apprenticeship sponsor with the Labor 379
441-Department to provide a program of apprenticeship training pursuant 380 Substitute Bill No. 1357
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446-to sections 31-22m to 31-22v, inclusive, for the purpose of providing the 381
447-experience necessary to obtain a journeyperson's license under this 382
448-chapter and who employs an individual as an apprentice without first 383
449-verifying that such individual is registered as an apprentice under this 384
450-chapter to immediately cease and desist any conduct for which an 385
451-apprenticeship registration is required under this chapter. The 386
452-commissioner may, after a hearing held in accordance with chapter 54, 387
453-impose a fine in an amount not to exceed five thousand dollars for each 388
454-violation of this [subsection] subdivision. 389
455-[(d)] (4) The appropriate examining board or the Commissioner of 390
456-Consumer Protection may, after notice and a hearing conducted in 391
457-accordance with chapter 54, impose a civil penalty for each violation on 392
458-any person who [(1)] (A) engages in or practices the work or occupation 393
459-for which a license or apprentice registration certificate is required by 394
460-this chapter, chapter 394, chapter 399b or chapter 482 without having 395
461-first obtained such a license or certificate, [or (2)] (B) wilfully employs 396
462-or supplies for employment a person who does not have such a license 397
463-or certificate or who wilfully and falsely pretends to qualify to engage 398
464-in or practice such work or occupation, [or (3)] (C) engages in or 399
465-practices any of the work or occupations for which a license or certificate 400
466-is required by this chapter, chapter 394, chapter 399b or chapter 482 after 401
467-the expiration of the license or certificate, or [(4)] (D) violates any of the 402
468-provisions of this chapter, chapter 394, chapter 399b or chapter 482 or 403
469-the regulations adopted pursuant thereto. Such penalty shall be in an 404
470-amount not to exceed three thousand dollars for each violation of this 405
471-[subsection] subdivision, except that any individual employed as an 406
472-apprentice but improperly registered shall not be penalized for a first 407
473-offense. 408
474-[(e)] (5) If an examining board or the Commissioner of Consumer 409
475-Protection imposes a civil penalty under the provisions of [subsection 410
476-(d) of this section] subdivision (4) of this subsection as a result of a 411
477-violation initially reported by a municipal building official in 412
478-accordance with subsection (c) of section 29-261, the commissioner shall, 413
479-not less than sixty days after collecting such civil penalty, remit one-half 414 Substitute Bill No. 1357
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484-of the amount collected to such municipality. 415
485-[(f)] (6) A violation of any of the provisions of this chapter shall be 416
486-deemed an unfair or deceptive trade practice under subsection (a) of 417
487-section 42-110b. 418
488-[(g)] (7) This section shall not apply to any person who [(1)] (A) holds 419
489-a license issued under this chapter, chapter 394, chapter 399b or chapter 420
490-482 and performs work that is incidentally, directly and immediately 421
491-appropriate to the performance of such person's trade where such work 422
492-commences at an outlet, receptacle or connection previously installed 423
493-by a person holding the proper license, or [(2)] (B) engages in work that 424
494-does not require a license under this chapter, chapter 394, chapter 399b 425
495-or chapter 482. 426
496-(b) (1) The Department of Consumer Protection may issue a notice of 427
497-violation against a person following an inspection of any place or 428
498-premises, performed in accordance with section 21a-11, as amended by 429
499-this act, where the department discovers one or more of the following 430
500-violations: (A) Offering or performing work that requires a credential 431
501-under this chapter without the appropriate credential, in violation of 432
502-section 20-334, (B) failure to comply with the allowable hiring ratios set 433
503-forth in section 20-332b, (C) failure to obtain an apprentice registration 434
504-certificate for one or more persons as required by applicable law, or (D) 435
505-failure to obtain a permit as required by applicable law. 436
506-(2) (A) If the Department of Consumer Protection determines that a 437
507-person has failed to correct all violations for which a notice of violation 438
508-was issued pursuant to subdivision (1) of this subsection, the 439
509-department may issue a stop work order against such person requiring 440
510-the cessation of the practice of the trade or occupation for which a license 441
511-is required under this chapter, at the place or premises where the 442
512-violation was found, as set forth in the notice of violation. Such stop 443
513-work order shall be effective, and such notice sufficient, when served 444
514-upon such person by (i) personal service, (ii) delivery by United States 445
515-mail with delivery tracking, (iii) delivery by electronic mail with 446 Substitute Bill No. 1357
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517-
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519-
520-tracking and delivery confirmation, or (iv) posting notice of the stop 447
521-work order in a conspicuous location at the place or premises subject to 448
522-such stop work order. 449
523-(B) A stop work order served in the manner set forth in subparagraph 450
524-(A) of this subdivision shall remain in effect until the department (i) 451
525-determines that the person against whom the department issued the 452
526-stop work order has come into compliance with the requirements set 453
527-forth in the notice of violation issued pursuant to subdivision (1) of this 454
528-subsection, and (ii) issues an order releasing such stop work order (I) 455
529-after a hearing decision rendered in accordance with subdivision (4) of 456
530-this subsection, or (II) after a decision rendered by the commissioner or 457
531-the commissioner's authorized representative pursuant to subdivision 458
532-(5) of this subsection. 459
533-(3) If a person fails to comply with a stop work order following 460
534-service made in accordance with the provisions of subdivision (2) of this 461
535-subsection, the Department of Consumer Protection may impose on 462
536-such person a fine in an amount not to exceed five hundred dollars per 463
537-violation per day after such stop work order was served. Such fine shall 464
538-be effective upon written notice to the person who failed to comply with 465
539-the stop work order and payment of such fine shall be due to the 466
540-department not later than fifteen days after such person receives such 467
541-written notice. Any fine for failure to comply with a stop work order 468
542-shall be deposited in the consumer protection enforcement account 469
543-established in section 21a-8a. 470
544-(4) Any person who holds a license issued by the Department of 471
545-Consumer Protection pursuant to this chapter and has been served with 472
546-a stop work order pursuant to subdivision (2) of this subsection may 473
547-request an administrative hearing to contest such stop work order and 474
548-any associated fine imposed on such person pursuant to subdivision (3) 475
549-of this subsection. Such request shall be made in writing to the 476
550-commissioner not more than fifteen days after such person was served 477
551-with such stop work order. Such hearing shall be conducted in 478
552-accordance with the provisions of chapter 54. No request for an 479 Substitute Bill No. 1357
553-
554-
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556-
557-administrative hearing made pursuant to this subdivision shall operate 480
558-to toll the stop work order or any fine associated with such stop work 481
559-order unless so ordered by the commissioner or the commissioner's 482
560-authorized representative. 483
561-(5) (A) Any person who does not hold a license issued by the 484
562-Department of Consumer Protection pursuant to this chapter and has 485
563-been served with a stop work order pursuant to subdivision (2) of this 486
564-subsection may submit a petition to the commissioner to lift the stop 487
565-work order on the ground that (i) an error of fact or law should be 488
566-corrected, (ii) new evidence has been discovered (I) which materially 489
567-affects the merits of such stop work order, and (II) which for good 490
568-reasons was not presented to the department upon such person's receipt 491
569-of the notice of violation, or (iii) other good cause has been shown. 492
570-(B) A petition submitted pursuant to subparagraph (A) of this 493
571-subdivision shall be submitted in writing not later than fifteen days after 494
572-the person was served with a stop work order pursuant to subdivision 495
573-(2) of this subsection. Such petition shall not operate to toll such stop 496
574-work order or any associated fine imposed on such person pursuant to 497
575-subdivision (3) of this subsection unless so ordered by the commissioner 498
576-or the commissioner's authorized representative. The decision of the 499
577-commissioner or the commissioner's authorized representative on such 500
578-petition, or the failure by the commissioner or the commissioner's 501
579-authorized representative to render a decision within the fifteen-day 502
580-period beginning on the date on which the commissioner or the 503
581-commissioner's authorized representative received such petition, shall 504
582-constitute a final decision for purposes of chapter 54 and the person may 505
583-appeal therefrom in accordance with section 4-183. 506
584-(6) The commissioner or the commissioner's authorized 507
585-representative may apply to the Superior Court, which court, after a 508
586-hearing thereon, may issue a temporary restraining order, temporary 509
587-injunction or permanent injunction (A) ordering compliance with a stop 510
588-work order issued and served pursuant to subdivision (2) of this 511
589-subsection, and (B) granting such other relief as may be required until 512 Substitute Bill No. 1357
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593-
594-the person obeys the stop work order. Any disobedience of an order 513
595-issued by a court under this subdivision shall be punishable as a 514
596-contempt thereof. The application for the temporary restraining order, 515
597-temporary injunction, permanent injunction and for such other relief 516
598-shall be brought, and the proceedings thereon conducted, by the 517
599-Attorney General. 518
600-Sec. 9. Subsection (b) of section 20-341gg of the general statutes is 519
601-repealed and the following is substituted in lieu thereof (Effective July 1, 520
602-2025): 521
603-(b) No person shall engage in or offer to perform the work of any 522
604-major contractor in this state on any proposed structure or existing 523
605-structure or addition that exceeds the threshold limits contained in 524
606-section 29-276b unless such person has first obtained a license or 525
607-certificate of registration as required under the provisions of chapter 539 526
608-or a registration from the Department of Consumer Protection in 527
609-accordance with the provisions of this section. Individuals licensed 528
610-under chapter 393 shall be exempt from the provisions of this chapter 529
611-while engaging in work that they are licensed to perform. The 530
612-[department] Department of Consumer Protection shall issue a 531
613-certificate of registration to any person who demonstrates to the 532
614-Department of Consumer Protection that such person is prequalified as 533
615-a contractor or substantial subcontractor by the Department of 534
616-Administrative Services pursuant to section 4a-100. [who applies for 535
617-registration in accordance with this section. Such prequalified person 536
618-shall not be required to pay a fee for such registration at any time that 537
619-the person maintains valid prequalification.] Any person who 538
620-demonstrates to the Department of Consumer Protection that such 539
621-person is prequalified as a contractor or substantial subcontractor 540
622-pursuant to section 4a-100 shall be issued a certificate of registration as 541
623-a major contractor, and shall not be required to pay any fee for such 542
624-registration or submit any additional proof that such person is qualified 543
625-for such registration. If the individual or the firm, company, partnership 544
626-or corporation employing such individual is engaged in work on a 545
627-structure or addition that exceeds the threshold limits contained in 546 Substitute Bill No. 1357
628-
629-
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631-
632-section 29-276b and requires licensure under chapter 393, the firm, 547
633-company, partnership or corporation shall be exempt from the 548
634-provisions of this chapter concerning registration of major contractors, 549
635-if the firm, company, partnership or corporation employs an individual 550
636-who is licensed as a contractor under chapter 393 to perform such work. 551
637-The department shall furnish to each qualified applicant a registration 552
638-certifying that the holder of such registration is entitled to engage in the 553
639-work for which the person has been issued a registration under this 554
640-subsection, and the holder of such registration shall carry [it] such 555
641-registration on his or her person while engaging in such work. Such 556
642-registration shall be shown to any properly interested person upon 557
643-request. No such registration shall be transferred to or used by any 558
644-person other than the person to whom the registration was issued. The 559
645-department shall maintain rosters of registrants and shall update such 560
646-rosters annually. The department may provide copies of rosters to the 561
647-public for an appropriate fee. The department may deny, suspend or 562
648-revoke any registration issued by the department if the holder of such 563
649-registration (1) is convicted of a felony, provided any action taken is 564
650-based upon (A) the nature of the conviction and its relationship to the 565
651-registration holder's ability to safely or competently perform the work 566
652-under such registration, (B) information pertaining to the degree of 567
653-rehabilitation of the registration holder, and (C) the time elapsed since 568
654-the conviction or release, (2) is grossly incompetent, (3) is disqualified, 569
655-pursuant to section 4a-100 or whose prequalification certificate has been 570
656-revoked pursuant to section 4a-100, (4) engages in malpractice or 571
657-unethical conduct or knowingly makes false, misleading or deceptive 572
658-representations regarding his work, or (5) violates any regulation 573
659-adopted under subsection (c) of this section. Before any registration is 574
660-suspended or revoked, such holder shall be given notice and an 575
661-opportunity for hearing as provided in regulations adopted under 576
662-subsection (c) of this section. The Commissioner of Consumer Protection 577
663-shall provide written notice of any suspension or revocation of a 578
664-registration to the Commissioner of Administrative Services not later 579
665-than ten days after such suspension or revocation. 580 Substitute Bill No. 1357
666-
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669-
670-Sec. 10. Section 20-417a of the general statutes is repealed and the 581
671-following is substituted in lieu thereof (Effective from passage): 582
672-As used in this section and sections 20-417b to 20-417j, inclusive: 583
673-(1) "Certificate" means a certificate of registration issued under 584
674-section 20-417b; 585
675-(2) "Commissioner" means the Commissioner of Consumer 586
676-Protection or any person designated by the commissioner to administer 587
677-and enforce this section and sections 20-417b to 20-417j, inclusive; 588
678-(3) "Completion" means the stage of construction of a new home in 589
679-which the new home construction contractor is in receipt of the 590
680-certificate of occupancy for such new home issued by the municipality 591
681-in which such new home is constructed; 592
682-(4) "Consumer" means (A) the buyer or prospective buyer, or the heir 593
683-or designated representative of the buyer or prospective buyer, of any 594
684-new home, or (B) the owner of property on which a new home is being 595
685-or will be constructed, regardless of whether such owner obtains a 596
686-building permit as the owner of premises affected pursuant to section 597
687-29-263; 598
688-[(3)] (5) "Contract" means any agreement between a new home 599
689-construction contractor and a consumer for the construction or sale of a 600
690-new home or any portion of a new home prior to occupancy; 601
691-[(4)] (6) "Engage in the business" means that the person engages in 602
692-the business for the purpose of compensation or profit; 603
693-(7) "New home" means any newly constructed (A) single-family 604
694-dwelling unit, (B) dwelling consisting of not more than two units, (C) 605
695-unit, common element or limited common element in a condominium, 606
696-as said terms are defined in section 47-68a, or (D) unit, common element 607
697-or limited common element in a common interest community, as said 608
698-terms are defined in section 47-202; 609 Substitute Bill No. 1357
699-
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702-
703-[(5)] (8) "New home construction contractor" means any person who 610
704-contracts with a consumer to construct or sell a new home or any portion 611
705-of a new home prior to occupancy; 612
706-[(6) "New home" means any newly constructed (A) single-family 613
707-dwelling unit, (B) dwelling consisting of not more than two units, or (C) 614
708-unit, common element or limited common element in a condominium, 615
709-as defined in section 47-68a, or in a common interest community, as 616
710-defined in section 47-202;] 617
711-[(7)] (9) "Person" means one or more individuals, partnerships, 618
712-associations, corporations, limited liability companies, business trusts, 619
713-legal representatives or any organized group of persons; and 620
714-[(8) "Consumer" means the buyer or prospective buyer, or the buyer's 621
715-or prospective buyer's heirs or designated representatives, of any new 622
716-home or the owner of property on which a new home is being or will be 623
717-constructed regardless of whether such owner obtains a building permit 624
718-as the owner of the premises affected pursuant to section 29-263; and 625
719-(9) "Completion" means the stage of construction of a new home in 626
720-which the new home construction contractor is in receipt of the 627
721-certificate of occupancy for such new home issued by the municipality 628
722-in which such new home is constructed.] 629
723-(10) "Proprietor" means an individual who (A) has an ownership 630
724-interest in a business entity that holds, or previously held, a certificate 631
725-of registration issued under section 20-417b, and (B) has been found by 632
726-a court of competent jurisdiction to have violated any provision of this 633
727-chapter related to the conduct of a business entity holding a certificate 634
728-or that has held a certificate issued under this chapter within the two 635
729-years of the effective date of entering into a contract with an owner 636
730-harmed by the actions of such individual or business entity. 637
731-Sec. 11. Subsections (d) to (n), inclusive, of section 20-417i of the 638
732-general statutes are repealed and the following is substituted in lieu 639
733-thereof (Effective from passage): 640 Substitute Bill No. 1357
734-
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737-
738-(d) Whenever a consumer obtains a binding arbitration decision, a 641
739-court judgment, order or decree against or regarding any new home 642
740-construction contractor holding a certificate or who has held a certificate 643
741-under sections 20-417a to 20-417j, inclusive, as amended by this act, or 644
742-against a proprietor, within two years of the date [of entering] such 645
743-contractor entered into the contract with the consumer, for loss or 646
744-damages sustained by reason of any violation of the provisions of 647
745-sections 20-417a to 20-417j, inclusive, as amended by this act, by a person 648
746-holding a certificate under said sections, such consumer may, upon the 649
747-final determination of, or expiration of time for taking, an appeal in 650
748-connection with any such decision, judgment, order or decree, apply to 651
749-the commissioner for an order directing payment out of the New Home 652
750-Construction Guaranty Fund of the amount, not exceeding [thirty] fifty 653
751-thousand dollars, unpaid upon the decision, judgment, order or decree 654
752-for actual damages and costs taxed by the court against such contractor 655
753-or proprietor, exclusive of punitive damages. The application shall be 656
754-made on forms provided by the commissioner and shall be 657
755-accompanied by a copy of the decision, court judgment, order or decree 658
756-obtained against the new home construction contractor or proprietor 659
757-together with a statement signed and sworn to by the consumer, 660
758-affirming that the consumer has: (1) Complied with all the requirements 661
759-of this subsection; (2) obtained a decision, judgment, order or decree 662
760-stating the amount of the decision, judgment, order or decree and the 663
761-amount owing on the decision, judgment, order or decree at the date of 664
762-application; and (3) made a good faith effort to satisfy any such decision, 665
763-judgment, order or decree in accordance with the provisions of chapter 666
764-906, which effort may include causing to be issued a writ of execution 667
765-upon such decision, judgment, order or decree, [but] provided the 668
766-officer executing the same has made a return showing that no bank 669
767-accounts or personal property of such contractor liable to be levied upon 670
768-in satisfaction of the decision, judgment, order or decree could be found, 671
769-or that the amount realized on the sale of them or of such of them as 672
770-were found, under the execution, was insufficient to satisfy the actual 673
771-damage portion of the decision, judgment, order or decree or stating the 674
772-amount realized and the balance remaining due on the decision, 675 Substitute Bill No. 1357
773-
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776-
777-judgment, order or decree after application on the decision, judgment, 676
778-order or decree of the amount realized, except that the requirements of 677
779-this subdivision shall not apply to a judgment, order or decree obtained 678
780-by the consumer in small claims court. A true and attested copy of such 679
781-executing officer's return, when required, shall be attached to such 680
782-application. Whenever the consumer satisfies the commissioner or the 681
783-commissioner's designee that it is not practicable to comply with the 682
784-requirements of subdivision (3) of this subsection and that the consumer 683
785-has taken all reasonable steps to collect the amount of the decision, 684
786-judgment, order or decree or the unsatisfied part of the decision, 685
787-judgment, order or decree and has been unable to collect the same, the 686
788-commissioner or the commissioner's designee may, in the 687
789-commissioner's or the commissioner's designee's discretion, dispense 688
790-with the necessity for complying with such requirement. No application 689
791-for an order directing payment out of the fund shall be made later than 690
792-two years from the final determination of, or expiration of time for 691
793-taking, an appeal of such decision, court judgment, order or decree and 692
794-no such application shall be for an amount in excess of [thirty] fifty 693
795-thousand dollars. 694
796-(e) Upon receipt of such application together with such copy of the 695
797-decision, court judgment, order or decree, statement and, except as 696
798-otherwise provided in subsection (d) of this section, true and attested 697
799-copy of the executing officer's return, the commissioner or the 698
800-commissioner's designee shall inspect such documents for their veracity 699
801-and upon a determination that such documents are complete and 700
802-authentic and that the consumer has not been paid, the commissioner 701
803-shall order payment out of the New Home Construction Guaranty Fund 702
804-of the amount not exceeding [thirty] fifty thousand dollars unpaid upon 703
805-the decision, judgment, order or decree for actual damages and costs 704
806-taxed by the court against the new home construction contractor or 705
807-proprietor, exclusive of punitive damages. 706
808-(f) (1) [Beginning] During the period beginning October 1, 2000, and 707
809-ending on the date immediately preceding the effective date of this 708
810-section, whenever a consumer is awarded an order of restitution against 709 Substitute Bill No. 1357
811-
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814-
815-any new home construction contractor for loss or damages sustained as 710
816-a result of any violation of the provisions of sections 20-417a to 20-417j, 711
817-inclusive, as amended by this act, by a person holding a certificate or 712
818-who has held a certificate under said sections within two years of the 713
819-date [of entering] such contractor entered into the contract with the 714
820-consumer, in [(1)] (A) a proceeding brought by the commissioner 715
821-pursuant to subsection [(h)] (i) of this section or subsection (d) of section 716
822-42-110d, as amended by this act, [(2)] (B) a proceeding brought by the 717
823-Attorney General pursuant to subsection (a) of section 42-110m or 718
824-subsection (d) of section 42-110d, as amended by this act, or [(3)] (C) a 719
825-criminal proceeding pursuant to section 20-417e, such consumer may, 720
826-upon the final determination of, or expiration of time for taking, an 721
827-appeal in connection with any such order of restitution, apply to the 722
828-commissioner for an order directing payment out of the New Home 723
829-Construction Guaranty Fund [of the] in an amount not [exceeding 724
830-thirty] to exceed fifty thousand dollars unpaid upon the order of 725
831-restitution. The commissioner may issue such order upon a 726
832-determination that the consumer has not been paid. 727
833-(2) Beginning on the effective date of this section, whenever a 728
834-consumer is awarded an order of restitution against any new home 729
835-construction contractor or proprietor for loss or damages sustained as a 730
836-result of any violation of the provisions of sections 20-417a to 20-417j, 731
837-inclusive, as amended by this act, by a person holding a certificate or 732
838-who held a certificate under said sections within two years of the date 733
839-such contractor entered into the contract with the consumer, in (A) a 734
840-proceeding brought by the commissioner pursuant to subsection (i) of 735
841-this section or subsection (d) of section 42-110d, as amended by this act, 736
842-(B) a proceeding brought by the Attorney General pursuant to 737
843-subsection (a) of section 42-110m or subsection (d) of section 42-110d, as 738
844-amended by this act, or (C) a criminal proceeding pursuant to section 739
845-20-417e, such consumer may, upon the final determination of, or 740
846-expiration of time for taking, an appeal in connection with any such 741
847-order of restitution, apply to the commissioner for an order directing 742
848-payment out of the New Home Construction Guaranty Fund in an 743 Substitute Bill No. 1357
849-
850-
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852-
853-amount not to exceed fifty thousand dollars unpaid upon the order of 744
854-restitution. The commissioner may issue such order upon a 745
855-determination that the consumer has not been paid. 746
856-(g) Whenever the commissioner orders that payment be made to a 747
857-consumer out of the New Home Construction Guaranty Fund based on 748
858-a decision, judgment, order or decree of restitution, the new home 749
859-construction contractor and the proprietor of such contractor shall be 750
860-liable for the resulting debt to the fund. 751
861-[(g)] (h) Before the commissioner may issue any order directing 752
862-payment out of the New Home Construction Guaranty Fund to a 753
863-consumer pursuant to subsection (e) or (f) of this section, the 754
864-commissioner shall first notify the new home construction contractor of 755
865-the consumer's application for an order directing payment out of the 756
866-fund and of [the new home construction] such contractor's right to a 757
867-hearing to contest the disbursement in the event that such contractor or 758
868-the proprietor of such contractor has already paid the consumer. Such 759
869-notice shall be given to the new home construction contractor not later 760
870-than fifteen days after receipt by the commissioner of the consumer's 761
871-application for an order directing payment out of the fund. If the new 762
872-home construction contractor requests a hearing, in writing, [by 763
873-certified mail] not later than fifteen days after receiving the notice from 764
874-the commissioner, the commissioner shall grant such request and shall 765
875-conduct a hearing in accordance with the provisions of chapter 54. If the 766
876-commissioner does not receive a written request for a hearing [by 767
877-certified mail] from the new home construction contractor on or before 768
878-the fifteenth day from [the] such contractor's receipt of such notice, the 769
879-commissioner shall conclude that the consumer has not been paid, and 770
880-the commissioner shall issue an order directing payment out of the fund 771
881-for the amount not exceeding [thirty] fifty thousand dollars unpaid 772
882-upon the judgment, order or decree for actual damages and costs taxed 773
883-by the court against [the new home construction] such contractor or the 774
884-proprietor of such contractor, exclusive of punitive damages, or for the 775
885-amount not exceeding [thirty] fifty thousand dollars unpaid upon the 776
886-order of restitution. 777 Substitute Bill No. 1357
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890-
891-[(h)] (i) The commissioner or the commissioner's designee may 778
892-proceed against any new home construction contractor holding a 779
893-certificate or who has held a certificate under sections 20-417a to 20-417j, 780
894-inclusive, as amended by this act, within two years of the [effective date 781
895-of entering] date such contractor entered into the contract with the 782
896-consumer, for an order of restitution arising from loss or damages 783
897-sustained by any consumer as a result of any violation of the provisions 784
898-of said sections 20-417a to 20-417j, inclusive, by such contractor or the 785
899-proprietor of such contractor. Any such proceeding shall be held in 786
900-accordance with the provisions of chapter 54. In the course of such 787
901-proceeding, the commissioner or the commissioner's designee shall 788
902-decide whether to (1) exercise the powers specified in section 20-417c, 789
903-(2) order restitution arising from loss or damages sustained by any 790
904-consumer as a result of any violation of the provisions of sections 20-791
905-417a to 20-417j, inclusive, as amended by this act, and (3) order payment 792
906-out of the New Home Construction Guaranty Fund. Notwithstanding 793
907-the provisions of chapter 54, the decision of the commissioner or the 794
908-commissioner's designee shall be final with respect to any proceeding to 795
909-order payment out of the fund and the commissioner and the 796
910-commissioner's designee shall not be subject to the requirements of 797
911-chapter 54 as such requirements relate to an appeal from any such 798
912-decision. The commissioner or the commissioner's designee may hear 799
913-complaints of all consumers submitting claims against a single new 800
914-home construction contractor in one proceeding. 801
915-[(i)] (j) No application for an order directing payment out of the New 802
916-Home Construction Guaranty Fund shall be made later than two years 803
917-from the final determination of, or expiration of time for, an appeal in 804
918-connection with any judgment, order or decree of restitution, and no 805
919-such application shall be for an amount in excess of [thirty] fifty 806
920-thousand dollars. 807
921-[(j)] (k) In order to preserve the integrity of the New Home 808
922-Construction Guaranty Fund, the commissioner, in the commissioner's 809
923-sole discretion, may order payment out of the fund of an amount less 810
924-than the actual loss or damages incurred by the consumer or less than 811 Substitute Bill No. 1357
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929-the order of restitution awarded by the commissioner or the Superior 812
930-Court. In no event shall any payment out of the fund be in excess of 813
931-[thirty] fifty thousand dollars for any single claim by a consumer. 814
932-[(k)] (l) If the money deposited in the New Home Construction 815
933-Guaranty Fund is insufficient to satisfy any duly authorized claim or 816
934-portion of a claim, the commissioner shall, when sufficient money has 817
935-been deposited in the fund, satisfy such unpaid claims or portions of 818
936-claims not exceeding [thirty] fifty thousand dollars, in the order that 819
937-such claims or portions of claims were originally determined. 820
938-[(l)] (m) Whenever the commissioner has caused any sum to be paid 821
939-from the New Home Construction Guaranty Fund to a consumer, the 822
940-commissioner shall be subrogated to all of the rights of the consumer up 823
941-to the amount paid plus reasonable interest, and prior to receipt of any 824
942-payment from the fund, the consumer shall assign all of the consumer's 825
943-right, title and interest in the claim up to such amount to the 826
944-commissioner, and any amount and interest recovered by the 827
945-commissioner on the claim shall be deposited in the fund. 828
946-[(m)] (n) If the commissioner orders the payment of any amount as a 829
947-result of a guaranty fund claim against a new home construction 830
948-contractor or proprietor, the commissioner shall determine if such 831
949-contractor is possessed of assets liable to be sold or applied in 832
950-satisfaction of the claim on the New Home Construction Guaranty 833
951-Fund. If the commissioner discovers any such assets, the commissioner 834
952-may request that the Attorney General take any action necessary for the 835
953-reimbursement of the fund. 836
954-[(n)] (o) If the commissioner orders the payment of an amount as a 837
955-result of a guaranty fund claim against a new home construction 838
956-contractor, the commissioner may, after notice and hearing in 839
957-accordance with the provisions of chapter 54, revoke the certificate of 840
958-such contractor and such contractor shall not be eligible to receive a new 841
959-or renewed certificate until such contractor has repaid such amount in 842
960-full, plus interest from the time such payment is made from the New 843 Substitute Bill No. 1357
961-
962-
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964-
965-Home Construction Guaranty Fund, at a rate to be in accordance with 844
966-section 37-3b, except that the commissioner may, in the commissioner's 845
967-sole discretion, permit a new home construction contractor to receive a 846
968-new or renewed certificate after such contractor has entered into an 847
969-agreement with the commissioner whereby such contractor agrees to 848
970-repay the fund in full in the form of periodic payments over a set period 849
971-of time. Any such agreement shall include a provision providing for the 850
972-summary suspension of any and all certificates held by the new home 851
973-construction contractor if payment is not made in accordance with the 852
974-terms of the agreement. 853
975-Sec. 12. Section 20-450 of the general statutes is repealed and the 854
976-following is substituted in lieu thereof (Effective from passage): 855
977-As used in this section and sections [20-450] 20-451 to 20-462, 856
978-inclusive, unless the context otherwise requires: 857
979-(1) "Association" means (A) an association, as defined in section 47-858
980-202, and an association of unit owners, as defined in section 47-68a and 859
981-in section 47-68 of the general statutes, revision of 1958, revised to 860
982-January 1, 1975, and (B) the mandatory owners organization of any 861
983-common interest community, as defined in section 47-202, which 862
984-community was not created under chapter 825 or 828 or under chapter 863
985-825 of the general statutes, revision of 1958, revised to January 1, 1975. 864
986-"Association" does not include an association of a common interest 865
987-community which contains only units restricted to nonresidential use; 866
988-[(2) "Community association manager" means a natural person who 867
989-directly provides association management services;] 868
990-[(3)] (2) "Association management services" means services provided 869
991-to an association for remuneration, including one or more of the 870
992-following: (A) Collecting, controlling or disbursing funds of the 871
993-association or having the authority to do so; (B) preparing budgets or 872
994-other financial documents for the association; (C) assisting in the 873
995-conduct of, or conducting, association meetings; (D) advising or 874
996-assisting the association in obtaining insurance; (E) coordinating or 875 Substitute Bill No. 1357
997-
998-
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1000-
1001-supervising the [overall] operations of the association; and (F) advising 876
1002-the association on the [overall] operations of the association; [. Any 877
1003-person licensed in this state under any provision of the general statutes 878
1004-or rules of court who provides the services for which such person is 879
1005-licensed to an association for remuneration shall not be deemed to be 880
1006-providing association management services. Any director, officer or 881
1007-other member of an association who provides services specified in this 882
1008-subdivision to the association of which he or she is a member shall not 883
1009-be deemed to be providing association management services unless 884
1010-such director, officer or other member owns or controls more than two-885
1011-thirds but less than all of the votes in such association;] 886
1012-[(4)] (3) "Commission" means the Connecticut Real Estate 887
1013-Commission appointed under the provisions of section 20-311a; 888
1014-(4) "Community association manager" means a natural person who 889
1015-directly provides association management services; 890
1016-(5) "Community association manager trainee" means a natural person 891
1017-working under the direct supervision of a community association 892
1018-manager for the purpose of being trained in the provision of association 893
1019-management services; 894
1020-[(5)] (6) "Department" means the Department of Consumer 895
1021-Protection; and 896
1022-[(6)] (7) "Person" means an individual, partnership, corporation, 897
1023-limited liability company or other legal entity. [; and 898
1024-(7) "Community association manager trainee" means a natural person 899
1025-working under the direct supervision of a community association 900
1026-manager, for the purpose of being trained in the provision of association 901
1027-management services.] 902
1028-Sec. 13. Section 20-452 of the general statutes is repealed and the 903
1029-following is substituted in lieu thereof (Effective from passage): 904
1030-(a) Any person seeking a certificate of registration as a community 905 Substitute Bill No. 1357
1031-
1032-
1033-LCO 29 of 81
1034-
1035-association manager or as a community association manager trainee 906
1036-shall apply to the department in writing, on a form provided by the 907
1037-department. Such application shall include the applicant's name, 908
1038-residence address, business address, business telephone number, a 909
1039-question as to whether the applicant has been convicted of a felony in 910
1040-any state or jurisdiction and such other information as the department 911
1041-may require. Except for a community association manager trainee, any 912
1042-person seeking an initial certificate of registration as a community 913
1043-association manager shall submit to a request by the [commissioner] 914
1044-Commissioner of Consumer Protection for a state and national criminal 915
1045-history records check, conducted in accordance with the provisions of 916
1046-section 29-17a. No registration as a community association manager 917
1047-shall be issued unless the commissioner has received the results of such 918
1048-records check. 919
1049-(b) Each application for a certificate of registration as a community 920
1050-association manager shall be accompanied by an application fee of sixty 921
1051-dollars and a registration fee of one hundred dollars. The department 922
1052-shall refund the registration fee if it refuses to issue a certificate of 923
1053-registration. The department shall not charge either an application or a 924
1054-registration fee for a certificate of registration as a community 925
1055-association manager trainee. 926
1056-(c) The following persons shall be exempt from registration as a 927
1057-community association manager under this chapter: (1) Any person, 928
1058-including, but not limited to, any attorney admitted to practice law in 929
1059-this state, any certified public accountant licensed under chapter 389 or 930
1060-any insurance producer licensed under chapter 701a, who provides to 931
1061-an association professional services, for which such person is licensed 932
1062-or admitted, for remuneration; (2) any director, officer or other member 933
1063-of an association who provides association management services to the 934
1064-association of which he or she is a member, unless such director, officer 935
1065-or other member owns or controls more than two-thirds but less than all 936
1066-of the votes in such association; and (3) any person who provides 937
1067-administrative support services to a community association manager as 938
1068-set forth in section 20-451. 939 Substitute Bill No. 1357
1069-
1070-
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1072-
1073-Sec. 14. Section 20-457 of the general statutes is repealed and the 940
1074-following is substituted in lieu thereof (Effective October 1, 2025): 941
1075-(a) Each community association manager shall (1) exhibit his or her 942
1076-certificate of registration upon request by any interested party, (2) state 943
1077-in any advertisement the fact that he or she is registered, and (3) include 944
1078-his or her registration number in any advertisement. In the case of a 945
1079-business entity, the advertisement shall identify at least one principal, 946
1080-officer or director of the entity that is a community association manager 947
1081-and shall include the registration number of such principal, officer or 948
1082-director. 949
1083-(b) No person shall: (1) Present or attempt to present, as his or her 950
1084-own, the certificate of another, (2) knowingly give false evidence of a 951
1085-material nature to the commission or department for the purpose of 952
1086-procuring a certificate, (3) represent himself or herself falsely as, or 953
1087-impersonate, a registered community association manager, (4) use or 954
1088-attempt to use a certificate which has expired or which has been 955
1089-suspended or revoked, (5) offer to provide association management 956
1090-services without having a current certificate of registration under 957
1091-sections 20-450 to 20-462, inclusive, as amended by this act, or (6) 958
1092-represent in any manner that his or her registration constitutes an 959
1093-endorsement of the quality of his or her services or of his or her 960
1094-competency by the commission or department. In addition to any other 961
1095-remedy provided for in sections 20-450 to 20-462, inclusive, as amended 962
1096-by this act, any person who violates any provision of this subsection 963
1097-shall [, after an administrative hearing,] be fined not more than one 964
1098-thousand dollars, or shall be imprisoned for not more than one year or 965
1099-be both fined and imprisoned. A violation of any of the provisions of 966
1100-sections 20-450 to 20-462, inclusive, as amended by this act, shall be 967
1101-deemed an unfair or deceptive trade practice under subsection (a) of 968
1102-section 42-110b. 969
1103-(c) Certificates issued to community association managers shall not 970
1104-be transferable or assignable. 971 Substitute Bill No. 1357
1105-
1106-
1107-LCO 31 of 81
1108-
1109-(d) All certificates issued to community association managers under 972
1110-the provisions of sections 20-450 to 20-462, inclusive, as amended by this 973
1111-act, shall expire annually on the thirty-first day of January. A holder of 974
1112-a certificate of registration who seeks to renew his or her certificate shall, 975
1113-when filing an application for renewal of the certificate, submit 976
1114-documentation to the department which establishes that he or she has 977
1115-passed any examination and completed any educational coursework, as 978
1116-the case may be, required for certification under this chapter. The fee for 979
1117-renewal of a certificate shall be two hundred dollars. 980
1118-(e) Failure to receive a notice of expiration or a renewal application 981
1119-shall not exempt a community association manager from the obligation 982
1120-to renew. 983
1121-(f) All certificates issued to community association manager trainees 984
1122-under the provisions of sections 20-450 to 20-462, inclusive, as amended 985
1123-by this act, shall expire six months from the date of issuance and shall 986
1124-not be renewable. 987
1125-(g) (1) Each community association manager who enters into a 988
1126-contract with an association for the purpose of providing association 989
1127-management services shall disclose to the association: 990
1128-(A) Whether the community association manager has any ownership 991
1129-or managerial interest in any entity that solicits business from the 992
1130-association or the community association manager; and 993
1131-(B) If the community association manager is required to provide any 994
1132-construction oversight or project coordination services to the association 995
1133-that are not included in the scope of the general association management 996
1134-services the community association manager is required to provide 997
1135-under such contract, any amount the community association manager 998
1136-will charge to provide such construction oversight or project 999
1137-coordination services. 1000
1138-(2) Each disclosure made pursuant to this subsection shall be clear, 1001
1139-conspicuous and in writing. 1002 Substitute Bill No. 1357
1140-
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1143-
1144-Sec. 15. Section 21-35b of the general statutes is repealed and the 1003
1145-following is substituted in lieu thereof (Effective from passage): 1004
1146-(a) No person shall advertise, offer for sale or sell a stock of goods, 1005
1147-wares or merchandise [under the description] as part of a closing-out 1006
1148-sale unless [he shall have] such person has obtained [a license] from the 1007
1149-Commissioner of Consumer Protection a state closing-out sale license 1008
1150-authorizing [the conducting of] such sale for each location at which such 1009
1151-sale is to be conducted. 1010
1152-(b) Each person desiring to conduct a closing-out sale shall [deposit 1011
1153-with] pay to the Commissioner of Consumer Protection [the sum of five 1012
1154-hundred dollars or a dollar amount equal to one per cent of the 1013
1155-wholesale cost of the inventory filed pursuant to subsection (c) of this 1014
1156-section whichever is greater; provided that no such deposit shall exceed 1015
1157-five thousand dollars. Upon application in the sum to be prescribed by 1016
1158-said commissioner and upon deposit to said commissioner of a further 1017
1159-sum] a state closing-out sale license fee in the amount of one hundred 1018
1160-dollars [as a state license fee, said] and the commissioner shall issue to 1019
1161-the applicant a ["closing-out sale license"] state closing-out sale license, 1020
1162-authorizing [him] the licensee to advertise and conduct a closing-out 1021
1163-sale consistent with that requested in the application. 1022
1164-(c) Each person applying for a ["closing-out sale license"] state 1023
1165-closing-out sale license shall make [such] an application [therefor] for 1024
1166-such license in a form and manner prescribed by the Commissioner of 1025
1167-Consumer Protection. Such application shall be in writing and [under 1026
1168-oath stating all the facts relating to the reasons and character of such 1027
1169-sale, including] include the opening and terminating dates of the 1028
1170-proposed closing-out sale [, a complete inventory of the goods, wares 1029
1171-and merchandise actually on hand in the place where such sale is to be 1030
1172-conducted in the manner prescribed by the commissioner, and all 1031
1173-details necessary to locate exactly and identify fully the goods, wares or 1032
1174-merchandise to be sold, and shall disclose the names and residences of 1033
1175-owner or owners or partners in whose interest the sale is to be 1034
1176-conducted] and an attestation by the applicant that such applicant is not 1035 Substitute Bill No. 1357
1177-
1178-
1179-LCO 33 of 81
1180-
1181-delinquent in payment of any taxes due and owing to this state or any 1036
1182-political subdivision of this state. No state closing-out sale license shall 1037
1183-be issued unless the application is submitted to the [commissioner] 1038
1184-Department of Consumer Protection at least five days prior to the 1039
1185-requested commencement date of the closing-out sale. Any applicant 1040
1186-who uses the services of a promoter, as defined in section 21-35a, for a 1041
1187-closing-out sale shall include [a signed and dated copy of the agreement 1042
1188-between such applicant and such promoter as part of the application] in 1043
1189-the application the name and license number for each such promoter. 1044
1190-The commissioner may, by regulation, request such other information 1045
1191-to be submitted by the applicant as he deems necessary. 1046
1192-[(d) Each person holding a closing-out sale license issued under this 1047
1193-section shall file with the Commissioner of Consumer Protection a 1048
1194-monthly report, commencing one month from the opening date of the 1049
1195-sale, enumerating all goods, wares or merchandise sold, transferred or 1050
1196-otherwise disposed of by the licensee or his agents, servants or 1051
1197-employees during that month pursuant to the closing-out sale. Said 1052
1198-commissioner shall prescribe the form for such reporting.] 1053
1199-[(e)] (d) All documentation concerning the goods, wares and 1054
1200-merchandise to be included in such closing-out sale, including but not 1055
1201-limited to purchase orders and delivery statements, shall be made 1056
1202-available by the licensee for inspection by an authorized representative 1057
1203-of the [commissioner] Commissioner of Consumer Protection during 1058
1204-regular business hours. 1059
1205-[(f)] (e) Each person holding a state closing-out sale license shall (1) 1060
1206-include the state closing-out sale license number in any advertisement, 1061
1207-together with clear and conspicuous disclosure of the termination date 1062
1208-of such state closing-out sale license, and (2) post such state closing-out 1063
1209-sale license in a conspicuous location at the point of sale. 1064
1210-Sec. 16. Section 21-35c of the general statutes is repealed and the 1065
1211-following is substituted in lieu thereof (Effective from passage): 1066
1212-[(a) All state licenses] Except as provided in section 21-35e, as 1067 Substitute Bill No. 1357
1213-
1214-
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1216-
1217-amended by this act, a state closing-out sale license issued under this 1068
1218-chapter shall expire ninety days [from the date thereof] after the date on 1069
1219-which such state closing-out sale license was issued or on the 1070
1220-termination date designated in the original application for such state 1071
1221-closing-out sale license, whichever occurs first. [Each state license upon 1072
1222-expiration, or voluntary surrender prior to expiration, shall be returned 1073
1223-to the Commissioner of Consumer Protection who shall cancel the same, 1074
1224-endorse the date of delivery and cancellation thereon and place the same 1075
1225-on file. The commissioner shall then hold the special deposit of each 1076
1226-such licensee for a period of sixty days and, after satisfying all claims 1077
1227-made upon the same under this section, shall return such deposit or 1078
1228-such portion of the same, if any, as may remain in the commissioner's 1079
1229-hands to the licensee depositing it, or as directed by the licensee in the 1080
1230-original application. Each deposit made with the commissioner shall be 1081
1231-subject, as long as it remains in the commissioner's hands, to attachment 1082
1232-or execution on behalf of creditors or consumers whose claims may arise 1083
1233-in connection with business done under the authorized sale. Said 1084
1234-commissioner may also be held to answer as garnishee under process of 1085
1235-foreign attachment, where such process is used, in any civil action 1086
1236-brought against any licensee. The commissioner shall pay over, under 1087
1237-order of court or upon execution of a judgment, such sum of money as 1088
1238-the commissioner may be chargeable with upon the commissioner's 1089
1239-disclosure or otherwise. Such deposit shall not be paid over by said 1090
1240-commissioner on garnishee process or to such licensee until the 1091
1241-expiration of the sixty-day period specified in this section. Such deposit 1092
1242-shall also be subject to the payment of any fine or penalty imposed on 1093
1243-the licensee for violation of any provision of this chapter, provided 1094
1244-written notice of the name of such licensee and of the amount of such 1095
1245-fine or penalty shall be given during such period to the commissioner 1096
1246-by the clerk of the court in which such fine or penalty was imposed. 1097
1247-(b) Whenever any state license, issued under the provisions of section 1098
1248-21-35b has been lost or destroyed, so that such license cannot, after the 1099
1249-expiration of the term thereof, be returned or surrendered under the 1100
1250-provisions of subsection (a) of this section, the licensee may file an 1101 Substitute Bill No. 1357
1251-
1252-
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1254-
1255-affidavit with the Commissioner of Consumer Protection describing 1102
1256-such license with sufficient particularity to identify the same and the 1103
1257-claimant thereunder, and showing such loss or destruction; and the 1104
1258-commissioner, upon such proof of loss and identity as is satisfactory to 1105
1259-him, may accept such affidavit in lieu of the return or surrender of such 1106
1260-license, and such licensee shall have the same right to the return of the 1107
1261-special deposit made by him as though he had returned or surrendered 1108
1262-his license.] 1109
1263-Sec. 17. Section 21-35d of the general statutes is repealed and the 1110
1264-following is substituted in lieu thereof (Effective from passage): 1111
1265-Before selling under the state closing-out sale license prescribed in 1112
1266-section 21-35b, as amended by this act, in any town, city or borough, 1113
1267-each person conducting a closing-out sale shall make application for a 1114
1268-municipal closing-out sale license to the selectmen or other authority of 1115
1269-such town, city or borough authorized to issue licenses therein; and, 1116
1270-unless the fee therefor is fixed as herein provided, shall file with them a 1117
1271-true statement, under oath, of the average quantity and value of the 1118
1272-stock of goods, wares and merchandise kept or intended to be kept or 1119
1273-exposed by [him] such person for sale. Such selectmen or other authority 1120
1274-shall submit such statement to the assessors of the town, who, after such 1121
1275-examination and inquiry as they deem necessary, shall determine such 1122
1276-average quantity and value, and shall forthwith transmit a certificate 1123
1277-thereof to such selectmen or other authority. Thereupon such selectmen 1124
1278-or other authority shall authorize the town clerk, upon the payment by 1125
1279-the applicant of a fee equal to the taxes assessable in such town, city or 1126
1280-borough under the last-preceding tax levy therein upon an amount of 1127
1281-property of the same valuation, to issue to [him] such person a 1128
1282-municipal closing-out sale license authorizing such closing-out sale in 1129
1283-such municipality. Such authority may authorize the issue of such 1130
1284-municipal closing-out sale license without the filing of such statement, 1131
1285-upon the payment of a municipal closing-out sale license fee fixed by it. 1132
1286-Upon payment of such fee, such town clerk shall issue such municipal 1133
1287-closing-out sale license, which shall remain in force as long as the 1134
1288-licensee continuously keeps and exposes for sale in such municipality 1135 Substitute Bill No. 1357
1289-
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1292-
1293-such stock of goods, wares or merchandise, but not later than the first 1136
1294-day of October following its date. [Upon such payment and proof of 1137
1295-payment of all other license fees, if any, chargeable upon local sales, 1138
1296-such town clerk shall record the state license of such transient vendor in 1139
1297-full, shall endorse thereon the words "local license fees paid" and shall 1140
1298-affix thereto his official signature and the date of such endorsement.] 1141
1299-Sec. 18. Section 21-35e of the general statutes is repealed and the 1142
1300-following is substituted in lieu thereof (Effective from passage): 1143
1301-No [goods, wares or merchandise other than those listed in the 1144
1302-inventory required in this chapter shall be included in any closing-out 1145
1303-sale and no] sale shall continue beyond a reasonable date to be specified 1146
1304-in the required application, except [, that an extension may be 1147
1305-authorized] the Commissioner of Consumer Protection may authorize 1148
1306-an extension upon a proper showing of need. [, such extension being 1149
1307-contingent on the submitting of a revised inventory showing the items 1150
1308-listed on the original inventory remaining unsold and not listing any 1151
1309-goods not included in the original application and inventory.] 1152
1310-Sec. 19. Section 21-35f of the general statutes is repealed and the 1153
1311-following is substituted in lieu thereof (Effective from passage): 1154
1312-No person in contemplation of a closing-out sale under a state 1155
1313-closing-out sale license as provided for in section 21-35b, as amended by 1156
1314-this act, shall order any goods, wares or merchandise for the purpose of 1157
1315-selling and disposing of the same at such sale, and any unusual 1158
1316-purchases and additions to the stock of such goods, wares or 1159
1317-merchandise within sixty days prior to the filing of application for a 1160
1318-state closing-out sale license to conduct such sale shall be presumptive 1161
1319-evidence that such purchases and additions to stock were made in 1162
1320-contemplation of such sale. 1163
1321-Sec. 20. Subsections (a) to (h), inclusive, of section 21-82 of the general 1164
1322-statutes are repealed and the following is substituted in lieu thereof 1165
1323-(Effective July 1, 2025): 1166 Substitute Bill No. 1357
1324-
1325-
1326-LCO 37 of 81
1327-
1328-(a) At all times during the tenancy the owner shall: 1167
1329-(1) Comply with the requirements of the State Building Code, the Fire 1168
1330-Safety Code, and all applicable state laws and regulations, local 1169
1331-ordinances and planning and zoning regulations materially affecting 1170
1332-health and safety; 1171
1333-(2) Maintain the premises and regrade them when necessary to 1172
1334-prevent the accumulation of stagnant water and to prevent the 1173
1335-detrimental effects of moving water; 1174
1336-(3) Maintain the ground at such a level that the mobile manufactured 1175
1337-home will not tilt from its original position; 1176
1338-(4) Keep each mobile manufactured home space or lot marked in such 1177
1339-a way that each resident will be certain of his area of responsibility; 1178
1340-(5) Keep any exterior area of the park not the responsibility of each 1179
1341-resident free from any species of weed or plant growth which are 1180
1342-noxious or detrimental to the health of the residents; 1181
1343-(6) Make all repairs and do whatever is necessary to put and keep the 1182
1344-portion of the mobile manufactured home park that is not the 1183
1345-responsibility of each resident in a fit and habitable condition, except 1184
1346-where such premises are intentionally rendered unfit or uninhabitable 1185
1347-by the resident, a member of his family or other person on the premises 1186
1348-with his consent, in which case such duty shall be the responsibility of 1187
1349-the resident; 1188
1350-(7) Keep all common areas of the premises in a clean and safe 1189
1351-condition; 1190
1352-(8) Be responsible for the extermination of any insect, rodent, vermin 1191
1353-or other pest dangerous to the health of the residents whenever 1192
1354-infestation exists in the area of the park not the responsibility of the 1193
1355-resident or in the area for which the resident is responsible including the 1194
1356-mobile manufactured home if such infestation is not the fault of the 1195
1357-resident and particularly if such infestation existed prior to the 1196 Substitute Bill No. 1357
1358-
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1361-
1362-occupancy of the resident claiming relief; 1197
1363-(9) Maintain all mobile manufactured homes rented by the owner in 1198
1364-a condition which is structurally sound and capable of withstanding 1199
1365-adverse effects of weather conditions; 1200
1366-(10) Maintain all electrical, plumbing, gas or other utilities provided 1201
1367-by him in good working condition except during any emergency after 1202
1368-which any repair shall be completed within seventy-two hours unless 1203
1369-good cause is shown as to why such repair has not been completed; 1204
1370-(11) Maintain all water and sewage lines and connections in good 1205
1371-working order [,] and, in the event of any emergency, make necessary 1206
1372-arrangements for the provision of such service on a temporary basis; 1207
1373-(12) Maintain all septic systems, leaching fields and septic lines and 1208
1374-connections in good working order and, in the event of any emergency, 1209
1375-make necessary arrangements for the provision of temporary septic 1210
1376-service; 1211
1377-[(12)] (13) Arrange for the removal from waste receptacles of ashes, 1212
1378-garbage, rubbish and other waste incidental to the occupancy of the 1213
1379-dwelling unit; 1214
1380-[(13)] (14) Maintain any road within the park in good condition, 1215
1381-provide adequate space for parking of two cars for each lot except that 1216
1382-any park which provided only one space for each lot on January 1, 1985, 1217
1383-and which provided only one space for each lot on October 1, 1972, shall 1218
1384-be exempt from such requirement, and be responsible for damage to any 1219
1385-vehicle which is the direct result of any unrepaired or poorly maintained 1220
1386-access road within the park; 1221
1387-[(14)] (15) Respect the privacy of the resident and if only the space or 1222
1388-lot is rented, agree to enter the mobile manufactured home only with 1223
1389-the permission of the resident; 1224
1390-[(15)] (16) Allow all residents freedom of choice in the purchase of all 1225
1391-services pursuant to section 21-78; and 1226 Substitute Bill No. 1357
1392-
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1395-
1396-[(16)] (17) Allow a resident to terminate a rental agreement whenever 1227
1397-a change in the location of such resident's employment requires a 1228
1398-change in the location of his residence if such resident gives thirty days' 1229
1399-notice; provided, a resident who is a member of the armed forces of the 1230
1400-United States may terminate his rental agreement with less than notice 1231
1401-of thirty days if he receives reassignment orders which do not allow 1232
1402-such prior notification. 1233
1403-(b) At all times during the tenancy the resident shall: 1234
1404-(1) Comply with all obligations primarily imposed upon residents by 1235
1405-applicable provisions of any building, housing or fire code materially 1236
1406-affecting health and safety; 1237
1407-(2) Keep the unit and his area of responsibility as marked by the 1238
1408-owner in a clean and sanitary condition, free of garbage and rubbish; 1239
1409-(3) Keep the supplied basic facilities including any plumbing fixture, 1240
1410-cooking and refrigeration equipment and electrical fixtures in a rented 1241
1411-mobile manufactured home unit in a clean and sanitary condition and 1242
1412-exercise reasonable care in their proper use and operation; 1243
1413-(4) Dispose of any rubbish, garbage and other waste material in a 1244
1414-clean and sanitary manner; 1245
1415-(5) Not wilfully or negligently destroy, deface, damage, impair or 1246
1416-remove any part of the premises or permit any other person to do so; 1247
1417-(6) Observe all reasonable rules of the owner concerning the use, 1248
1418-occupation and maintenance of the premises, provided such reasonable 1249
1419-rules are brought to his attention at the time he signs a rental agreement; 1250
1420-(7) Unless otherwise agreed, occupy the dwelling unit only as a 1251
1421-dwelling unit; 1252
1422-(8) Conduct himself and require other persons on the premises with 1253
1423-his consent to conduct themselves in a manner that will not disturb his 1254
1424-neighbors' peaceful enjoyment of the premises or constitute a nuisance, 1255 Substitute Bill No. 1357
1425-
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1428-
1429-as defined in section 47a-32, or a serious nuisance, as defined in section 1256
1430-21-80; and 1257
1431-(9) If judgment has entered against a member of the resident's 1258
1432-household pursuant to subsection (c) of section 47a-26h for serious 1259
1433-nuisance by using the premises for the illegal sale of drugs, not permit 1260
1434-such person to resume occupancy of the dwelling unit, except with the 1261
1435-consent of the owner. 1262
1436-(c) Rent is payable without demand or notice at the time and place 1263
1437-agreed upon by the parties. Unless otherwise agreed, (1) rent is payable 1264
1438-at the premises and (2) periodic rent is payable at the beginning of any 1265
1439-term of one month or less and for terms of more than one month in equal 1266
1440-monthly installments at the beginning of each month. In the absence of 1267
1441-agreement, the resident shall pay the fair rental value for the use and 1268
1442-occupancy of the premises. 1269
1443-(d) The terms for the payment of rent shall be clearly set forth and 1270
1444-any charge for services, space or lot rent, unit rent or any other charge 1271
1445-shall be specifically itemized in the rental agreement and in any billing 1272
1446-to the resident by the owner. The total rent for the term of the rental 1273
1447-agreement shall be stated therein. 1274
1448-(e) Reasonable rules for guest parking shall be clearly stated and 1275
1449-unless violation thereof occurs, no fee shall be charged a resident or a 1276
1450-guest. 1277
1451-(f) Any action on the part of the resident which may be grounds for 1278
1452-eviction from the park or termination of the rental agreement shall be 1279
1453-clearly and specifically stated therein. 1280
1454-(g) The right of the resident to sell his mobile manufactured home 1281
1455-pursuant to section 21-79 shall be clearly stated in the rental agreement. 1282
1456-(h) If the owner makes an entry prohibited by subdivision [(14)] (15) 1283
1457-of subsection (a) of this section, or makes repeated demands for entry 1284
1458-otherwise lawful but which have the effect of unreasonably harassing 1285 Substitute Bill No. 1357
1459-
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1462-
1463-the resident, the resident may recover actual damages not less than an 1286
1464-amount equal to one month's rent and reasonable attorney's fees. The 1287
1465-resident may also obtain injunctive relief to prevent the recurrence of 1288
1466-the conduct or terminate the rental agreement. 1289
1467-Sec. 21. Section 21-83c of the general statutes is repealed and the 1290
1468-following is substituted in lieu thereof (Effective July 1, 2025): 1291
1469-A rental agreement shall not permit the receipt of rent for any period 1292
1470-during which the owner has failed to comply with the provisions of 1293
1471-subdivisions (1) to [(13)] (14), inclusive, of subsection (a) of section 21-1294
1472-82, as amended by this act, and such failure materially affects the health 1295
1473-and safety of the residents or materially affects habitability. 1296
1474-Sec. 22. Subsection (a) of section 47a-14h of the general statutes is 1297
1475-repealed and the following is substituted in lieu thereof (Effective July 1, 1298
1476-2025): 1299
1477-(a) Any tenant who claims that the landlord has failed to perform his 1300
1478-or her legal duties, as required by section 47a-7 or 47a-7a or subdivisions 1301
1479-(1) to [(13)] (14), inclusive, of subsection (a) of section 21-82, as amended 1302
1480-by this act, may institute an action in the superior court having 1303
1481-jurisdiction over housing matters in the judicial district in which such 1304
1482-tenant resides to obtain the relief authorized by this section and sections 1305
1483-47a-7a, 47a-20 and 47a-68. No tenant may institute an action under this 1306
1484-section if a valid notice to quit possession or occupancy based upon 1307
1485-nonpayment of rent has been served on such tenant prior to the 1308
1486-institution of an action under this section or if a valid notice to quit 1309
1487-possession or occupancy based on any other ground has been served on 1310
1488-such tenant prior to such tenant making the complaint to the agency 1311
1489-referred to in subsection (b) of this section, provided any such notice to 1312
1490-quit is still effective. 1313
1491-Sec. 23. Subsection (c) of section 21a-9 of the general statutes is 1314
1492-repealed and the following is substituted in lieu thereof (Effective from 1315
1493-passage): 1316 Substitute Bill No. 1357
1494-
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1497-
1498-(c) Each such board or commission may act in accordance with the 1317
1499-provisions of [subdivision (7) of] section 21a-7, and the commissioner 1318
1500-may act in accordance with the provisions of [subdivision (4) of 1319
1501-subsection (b) of] section 21a-8, in the case of a practitioner who: (1) 1320
1502-Engages in fraud or material deception in order to obtain a license, 1321
1503-registration or certificate issued by the board, commission or 1322
1504-commissioner or to aid another in obtaining a license, registration or 1323
1505-certificate issued by the board, commission or commissioner; (2) 1324
1506-performs work beyond the scope of the license, registration or certificate 1325
1507-issued by the board, commission or commissioner; (3) illegally uses or 1326
1508-transfers a license, registration or certificate issued by the board, 1327
1509-commission or commissioner; (4) performs incompetent or negligent 1328
1510-work; (5) makes false, misleading or deceptive representations to the 1329
1511-public; (6) has been subject to disciplinary action similar to that specified 1330
1512-in [subdivision (7) of] section 21a-7 or [subdivision (4) of subsection (b) 1331
1513-of section] 21a-8 by a duly authorized professional agency of the United 1332
1514-States, any state within the United States, the District of Columbia, a 1333
1515-United States possession or territory or a foreign jurisdiction; or (7) 1334
1516-violates any provision of the general statutes or any regulation 1335
1517-established thereunder, relating to the practitioner's profession or 1336
1518-occupation. 1337
1519-Sec. 24. Subsection (a) of section 21a-11 of the general statutes is 1338
1520-repealed and the following is substituted in lieu thereof (Effective from 1339
1521-passage): 1340
1522-(a) (1) The Commissioner of Consumer Protection may, subject to the 1341
1523-provisions of chapter 67, employ such agents and assistants as are 1342
1524-necessary to enforce the provisions of the general statutes wherein the 1343
1525-commissioner is empowered to carry out the duties and responsibilities 1344
1526-assigned to the commissioner or the Department of Consumer 1345
1527-Protection. For the purpose of inquiring into any suspected violation of 1346
1528-such provisions, the commissioner and the commissioner's deputy and 1347
1529-assistants shall (A) have free access, at all reasonable hours, to all places 1348
1530-and premises, homes and apartments of private families keeping no 1349
1531-boarders excepted, and shall be permitted therein to inspect and 1350 Substitute Bill No. 1357
1532-
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1535-
1536-document by audio and visual means, and (B) unless prohibited by 1351
1537-other applicable law, be provided, upon request, copies of any accounts, 1352
1538-books, records, memoranda, correspondence, signage and other 1353
1539-documents related to such suspected violation. 1354
1540-(2) The commissioner and the commissioner's deputy or assistants 1355
1541-shall have the authority to issue citations pursuant to section 51-164n for 1356
1542-violations for the purpose of enforcing [such] the provisions of the 1357
1543-general statutes wherein the commissioner is empowered to carry out 1358
1544-the duties and responsibilities assigned to the commissioner or the 1359
1545-department. The commissioner may delegate the commissioner's 1360
1546-authority to render a final decision in a contested case to a hearing 1361
1547-officer employed by, or contracted with, the department. 1362
1548-[(2)] (3) Notwithstanding the provisions of the Freedom of 1363
1549-Information Act, as defined in section 1-200, all records, papers and 1364
1550-documents obtained during an investigation or enforcement action 1365
1551-conducted pursuant to [subdivision] subdivisions (1) and (2) of this 1366
1552-subsection shall be confidential and not subject to disclosure under said 1367
1553-act until such investigation or enforcement action has been finally 1368
1554-adjudicated or otherwise settled or closed. 1369
1555-Sec. 25. Subsections (a) and (b) of section 21a-38 of the general statutes 1370
1556-are repealed and the following is substituted in lieu thereof (Effective 1371
1557-from passage): 1372
1558-(a) [The] Following an administrative hearing held in accordance 1373
1559-with the provisions of chapter 54, the commissioner may suspend or 1374
1560-revoke any license issued under the provisions of section 21a-35 or 21a-1375
1561-36 for violation of the provisions of sections 21a-34 to 21a-45, inclusive, 1376
1562-or any regulation adopted thereunder or for violation of any applicable 1377
1563-municipal health ordinance or state or federal law or regulation. [No 1378
1564-such suspension or revocation shall take effect except upon notice to the 1379
1565-licensee and hearing thereon. Notice shall be in writing, given by 1380
1566-registered or certified mail, and shall state: (1) The condition or violation 1381
1567-found; (2) the corrective action, if any, to be taken and the period of time 1382 Substitute Bill No. 1357
1568-
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1571-
1572-within which such action must be taken; and (3) that an opportunity for 1383
1573-hearing will be provided upon written request filed within ten days 1384
1574-after receipt of such notice.] 1385
1575-(b) Whenever the commissioner finds any grossly unsanitary 1386
1576-condition or any other condition which constitutes a substantial hazard 1387
1577-to public health or safety involving the preparation or transportation of 1388
1578-any food or beverage or the use of any vending machine [he] the 1389
1579-commissioner may, without notice or hearing, issue a written order to 1390
1580-the licensee citing the existence of such condition and specifying the 1391
1581-corrective action to be taken, and, if [he] the commissioner deems it 1392
1582-necessary, require that use of such facility or machine be discontinued. 1393
1583-Any licensee to whom such order is issued may [petition for a hearing, 1394
1584-which shall be granted, but no such petition shall] request an 1395
1585-administrative hearing in accordance with the provisions of chapter 54 1396
1586-to contest such order. No such request shall stay the execution or 1397
1587-effectiveness of any order issued pursuant to this subsection pending an 1398
1588-administrative hearing. Each such order shall continue in effect until [it] 1399
1589-such order is rescinded by the commissioner or until the condition cited 1400
1590-is corrected, as determined by the commissioner or the commissioner's 1401
1591-designee. 1402
1592-Sec. 26. Section 21a-54 of the general statutes is repealed and the 1403
1593-following is substituted in lieu thereof (Effective from passage): 1404
1594-Any license may be revoked by the Commissioner of Consumer 1405
1595-Protection [after notice to the licensee by mail or otherwise and 1406
1596-opportunity to be heard] if it appears that any statement upon which [it] 1407
1597-such license was issued was false or misleading or that any frozen 1408
1598-dessert and frozen dessert mix manufactured by the licensee is 1409
1599-adulterated or misbranded, or was manufactured in a plant not 1410
1600-maintained in accordance with the standards of sanitation prescribed in 1411
1601-the regulations promulgated under the authority of section 21a-58, or 1412
1602-that the brand name or any label or advertising of any frozen dessert 1413
1603-and frozen dessert mix manufactured by the licensee gives a false 1414
1604-indication of origin, character, composition or place of manufacture, or 1415 Substitute Bill No. 1357
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1608-
1609-is otherwise false or misleading in any particular way. A license may 1416
1610-also [, after such notice and hearing,] be suspended for any of the 1417
1611-foregoing reasons until the licensee complies with the conditions 1418
1612-prescribed by the [Commissioner of Consumer Protection ] 1419
1613-commissioner for its reinstatement. The commissioner shall not revoke 1420
1614-or suspend a license except upon notice and hearing in accordance with 1421
1615-chapter 54. The commissioner may summarily suspend a license 1422
1616-pending such a hearing if the commissioner has reason to believe that 1423
1617-the public health, safety or welfare imperatively requires emergency 1424
1618-action. 1425
1619-Sec. 27. Subsection (b) of section 21a-118 of the general statutes is 1426
1620-repealed and the following is substituted in lieu thereof (Effective October 1427
1621-1, 2025): 1428
1622-(b) If an inspection reveals a violation of any provision of this chapter 1429
1623-concerning a food factory, food warehouse or food establishment, the 1430
1624-commissioner shall notify the owner of such factory, warehouse or 1431
1625-establishment of any such violation and his right to a hearing under this 1432
1626-section by certified mail within fifteen days of the date of such original 1433
1627-inspection. Such owner may contest the violations cited in such notice 1434
1628-by requesting a hearing in writing by certified mail within fifteen days 1435
1629-of the date of receipt of such notice. The commissioner shall grant such 1436
1630-a request and conduct a hearing in accordance with the provisions of 1437
1631-chapter 54. The [cost of all reinspections] fee for each reinspection 1438
1632-necessary to determine compliance with any such provision shall be 1439
1633-[forty] one hundred seventy-five dollars [an hour] and shall be charged 1440
1634-to such owner. [, except that if the first reinspection following the 1441
1635-original inspection indicates compliance with such provision no charge 1442
1636-shall be made.] 1443
1637-Sec. 28. Subsections (c) and (d) of section 21a-152 of the general 1444
1638-statutes are repealed and the following is substituted in lieu thereof 1445
1639-(Effective from passage): 1446
1640-(c) The Commissioner of Consumer Protection may revoke, suspend, 1447 Substitute Bill No. 1357
1641-
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1644-
1645-place conditions upon or issue a civil penalty against a bakery, food 1448
1646-manufacturing establishment or food warehouse license for any 1449
1647-violation of sections 21a-151 to 21a-159, inclusive, [after a hearing 1450
1648-conducted] in accordance with the provisions of chapter 54. In addition, 1451
1649-the commissioner may summarily suspend a bakery, food 1452
1650-manufacturing establishment or food warehouse license pending a 1453
1651-hearing in accordance with the provisions of chapter 54 if the 1454
1652-commissioner has reason to believe that the public health, safety or 1455
1653-welfare imperatively requires emergency action. [Not later than ten 1456
1654-days following the suspension order, the commissioner shall cause to be 1457
1655-held a hearing which shall be conducted in accordance with the 1458
1656-provisions of chapter 54. Following such hearing, the commissioner 1459
1657-shall dissolve such suspension or order revocation of the bakery, food 1460
1658-manufacturing establishment or food warehouse license. Any 1461
1659-corporation, firm or person whose license has been revoked may apply 1462
1660-for a new license and the commissioner shall act on such application not 1463
1661-later than thirty days after the commissioner receives such application. 1464
1662-The costs of any inspections] The fee for each inspection necessary to 1465
1663-determine whether or not an applicant, whose license has been revoked, 1466
1664-is entitled to have a new license granted shall be borne by the applicant 1467
1665-at such rates as the commissioner may determine. The commissioner 1468
1666-may refuse to grant any bakery, food manufacturing establishment or 1469
1667-food warehouse a license if the commissioner finds that the applicant 1470
1668-has evidenced a pattern of noncompliance with the provisions of 1471
1669-sections 21a-151 to 21a-159, inclusive. Prima facie evidence of a pattern 1472
1670-of noncompliance shall be established if the commissioner shows that 1473
1671-the applicant has had two or more bakery, food manufacturing 1474
1672-establishment or food warehouse licenses revoked. 1475
1673-(d) All vehicles used in the transportation of food for human 1476
1674-consumption, including, but not limited to, bakery, food manufacturing 1477
1675-establishment or food warehouse products, shall be kept in a sanitary 1478
1676-condition [and shall have the name and address of the bakery, food 1479
1677-manufacturing establishment or food warehouse owner, operator or 1480
1678-distributor legibly printed on both sides] in accordance with the sanitary 1481 Substitute Bill No. 1357
1679-
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1682-
1683-transportation requirements established in the regulations adopted 1482
1684-pursuant to the Food Safety Modernization Act, 21 CFR Parts 1 and 11, 1483
1685-as amended from time to time. Each compartment in which [unwrapped 1484
1686-bakery, food manufacturing establishment or food warehouse products 1485
1687-are] food for human consumption is transported shall be enclosed in a 1486
1688-manner approved by the commissioner. 1487
1689-Sec. 29. Section 21a-217 of the general statutes is repealed and the 1488
1690-following is substituted in lieu thereof (Effective October 1, 2025): 1489
1691-(a) [Every] Each contract for health club services shall provide that 1490
1692-such contract may be cancelled [within] not later than three business 1491
1693-days after the date [of receipt by] on which the buyer [of] under such 1492
1694-contract receives a copy of [the] such contract, by written cancellation 1493
1695-notice delivered, with delivery tracking, to the [seller] health club or the 1494
1696-[seller's] health club's agent at an address [which] that shall be specified 1495
1697-in [the] such contract. Not later than seven days after the health club or 1496
1698-the health club's agent receives such written cancellation notice, the 1497
1699-health club shall provide to the buyer a written statement confirming 1498
1700-that such contract has been cancelled and disclosing the effective date of 1499
1701-such cancellation. After receipt of such written cancellation notice, the 1500
1702-health club may request the return of any cards or equipment that were 1501
1703-delivered to the buyer as part of the membership. Cancellation shall be 1502
1704-without liability on the part of the buyer, except for the fair market value 1503
1705-of services actually received and the buyer shall be entitled to a refund 1504
1706-of the entire consideration paid for the health club contract, if any, less 1505
1707-the fair market value of the services or use of facilities already actually 1506
1708-received. Such right of cancellation shall not be affected by the terms of 1507
1709-the health club contract and may not be waived or otherwise 1508
1710-surrendered. 1509
1711-(b) (1) [Such] Each health club contract [for health club services] shall 1510
1712-also [contain a clause providing] provide that: 1511
1713-(A) The buyer or the buyer's estate shall be relieved of any further 1512
1714-obligation not due and owing under such contract (i) if the person 1513 Substitute Bill No. 1357
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1717-LCO 48 of 81
1718-
1719-receiving the benefits of such contract (I) relocates further than twenty-1514
1720-five miles from a health club [facility] location operated by the [seller] 1515
1721-health club or a substantially similar health club [facility] location which 1516
1722-would accept the [seller's obligation] health club's obligations under 1517
1723-[the] such contract, or (II) dies during the membership term following 1518
1724-the effective date of such contract, or (ii) if the health club ceases 1519
1725-operation at the health club location where the buyer entered into [the] 1520
1726-such contract; [, the buyer or his estate shall be relieved of any further 1521
1727-obligation for payment under the contract not then due and owing. The 1522
1728-contract shall also provide that if] 1523
1729-(B) If the buyer becomes disabled during the membership term, the 1524
1730-buyer shall have the option of [(1)] (i) being relieved of liability for 1525
1731-payment on that portion of the contract term for which the buyer is 1526
1732-disabled, or [(2)] (ii) extending the [duration of the] original term of such 1527
1733-contract, at no cost to the buyer, for a period equal to the duration of the 1528
1734-disability; [.] and 1529
1735-(C) The buyer may, at the buyer's option, void such contract 1530
1736-prospectively if (i) the health club ceases to offer facilities or amenities 1531
1737-that are substantially similar to the facilities or amenities that such 1532
1738-health club offered to the buyer when the buyer initially entered into 1533
1739-such contract, or (ii) the services offered under such contract are no 1534
1740-longer available, or are substantially unavailable, because the 1535
1741-operations of the health club have permanently discontinued or there 1536
1742-has been a substantial change in the operations of the health club 1537
1743-location primarily used by the buyer. 1538
1744-(2) For the purposes of this subsection, the health club location 1539
1745-primarily used by the buyer shall be (A) the health club location 1540
1746-designated by the buyer as the buyer's preferred health club location for 1541
1747-delivery of services under the health club contract, or (B) if the buyer 1542
1748-does not designate a health club location as the buyer's preferred health 1543
1749-club location for delivery of services under the health club contract, the 1544
1750-health club location most frequented by the buyer during the preceding 1545
1751-calendar year. 1546 Substitute Bill No. 1357
1752-
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1755-
1756-(c) [The] A health club shall have the right to require and verify 1547
1757-reasonable evidence of relocation, disability or death. In the case of 1548
1758-disability, [the] a health club may require that documentation from a 1549
1759-licensed physician, a licensed physician assistant, a licensed advanced 1550
1760-practice registered nurse or another credentialed medical provider be 1551
1761-submitted as verification. 1552
1762-Sec. 30. Subsection (a) of section 21a-218 of the general statutes is 1553
1763-repealed and the following is substituted in lieu thereof (Effective October 1554
1764-1, 2025): 1555
1765-(a) A copy of the health club contract shall be delivered to the buyer 1556
1766-at the time the contract is signed. All health club contracts shall (1) be in 1557
1767-writing and signed by the buyer, (2) designate the date on which the 1558
1768-buyer actually signs the contract, (3) identify the address of the location 1559
1769-at which the buyer entered the contract, and (4) contain a statement of 1560
1770-the buyer's rights which complies with this section. The following 1561
1771-statement shall prominently and conspicuously appear, in at least 1562
1772-twelve-point font, at the top of the contract: 1563
1773-"BUYER'S RIGHT TO CANCEL 1564
1774-If you wish to cancel this contract, you may cancel by sending a 1565
1775-written notice stating that you do not wish to be bound by this contract. 1566
1776-The notice must be delivered or mailed before midnight of the third 1567
1777-business day after you sign this contract. The notice must be delivered 1568
1778-or mailed to: 1569
1779-.... 1570
1780-.... 1571
1781-(Insert name, electronic mail address and mailing address for 1572
1782-cancellation notice.) 1573
1783-You may also cancel this contract if: 1574
1784-(1) You relocate your residence further than twenty-five (25) miles 1575 Substitute Bill No. 1357
1785-
1786-
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1788-
1789-from any health club operated by the seller or from any other 1576
1790-substantially similar health club which would accept the obligation of 1577
1791-the seller; 1578
1792-(2) You die; or 1579
1793-(3) The health club ceases operation at the location where you entered 1580
1794-into this contract or the location closest to your primary residence. 1581
1795-If you become disabled, you shall have the option of: 1582
1796-(1) Being relieved of liability for payment on that portion of the 1583
1797-contract term for which you are disabled; or 1584
1798-(2) Extending the duration of the original contract at no cost to you 1585
1799-for a period equal to the duration of the disability. 1586
1800-You must send a written notice of disability, which may be sent to the 1587
1801-health club in an electronic form. You may be required to prove such 1588
1802-disability by submitting documentation from a licensed physician, a 1589
1803-licensed physician assistant, a licensed advanced practice registered 1590
1804-nurse or another credentialed medical provider. If you cancel, the health 1591
1805-club may keep or collect an amount equal to the fair market value of the 1592
1806-services or use of facilities you have already received. 1593
1807-NOTICE OF GUARANTY FUND 1594
1808-The Connecticut Health Club Guaranty Fund is administered by the 1595
1809-Department of Consumer Protection to protect consumers who have a 1596
1810-health club contract with a club that closes down or moves. If a health 1597
1811-club is no longer operating at the location where you entered into the 1598
1812-contract, you may be eligible for reimbursement through the fund. For 1599
1813-further information, and to apply to the fund, please visit (insert 1600
1814-Department of Consumer Protection's Internet web site address) or 1601
1815-contact the department by phone at (insert Department of Consumer 1602
1816-Protection's main telephone number)." 1603
1817-Sec. 31. Subsections (a) and (b) of section 21a-223 of the general 1604 Substitute Bill No. 1357
1818-
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1821-
1822-statutes are repealed and the following is substituted in lieu thereof 1605
1823-(Effective October 1, 2025): 1606
1824-(a) Each individual place of business of each health club shall obtain 1607
1825-a license from the Department of Consumer Protection prior to the sale 1608
1826-of any health club contract. Application for such license shall be made 1609
1827-on forms provided by the Commissioner of Consumer Protection and 1610
1828-said commissioner shall require as a condition to the issuance and 1611
1829-renewal of any license obtained under this chapter (1) that the applicant 1612
1830-provide for and maintain on the premises of the health club sanitary 1613
1831-facilities; (2) that the applicant [, on and after October 1, 2022,] (A) (i) 1614
1832-provide and maintain in a readily accessible location on the premises of 1615
1833-the health club at least one automatic external defibrillator, as defined 1616
1834-in section 19a-175, and (ii) make such location known to employees of 1617
1835-such health club, (B) ensure that at least one employee is on the premises 1618
1836-of such health club during staffed business hours who is trained in 1619
1837-cardiopulmonary resuscitation and the use of an automatic external 1620
1838-defibrillator in accordance with the standards set forth by the American 1621
1839-Red Cross or American Heart Association, (C) maintain and test the 1622
1840-automatic external defibrillator in accordance with the manufacturer's 1623
1841-guidelines, and (D) promptly notify a local emergency medical services 1624
1842-provider after each use of such automatic external defibrillator; (3) that 1625
1843-the application be accompanied by (A) a license or renewal fee of two 1626
1844-hundred fifty dollars, (B) a list of the equipment and each service that 1627
1845-the applicant intends to have available for use by buyers during the year 1628
1846-of operations following licensure or renewal, and (C) an electronic copy 1629
1847-of each health club contract that the applicant is currently using or 1630
1848-intends to use; and (4) compliance with the requirements of section 21a-1631
1849-226, as amended by this act. Such licenses shall be renewed annually. 1632
1850-(b) No health club shall (1) engage in any act or practice that is in 1633
1851-violation of or contrary to the provisions of this chapter or any 1634
1852-regulation adopted to carry out the provisions of this chapter, including 1635
1853-the use of contracts that do not conform to the requirements of this 1636
1854-chapter, or (2) engage in conduct of a character likely to mislead, deceive 1637
1855-or defraud the buyer, the public or the commissioner. The 1638 Substitute Bill No. 1357
1856-
1857-
1858-LCO 52 of 81
1859-
1860-Commissioner of Consumer Protection may refuse to grant or renew a 1639
1861-license to, impose a civil penalty in an amount not to exceed one 1640
1862-thousand dollars per violation on or [may] suspend, place conditions on 1641
1863-or revoke the license of [,] any health club [which] that engages in any 1642
1864-conduct prohibited by this chapter. 1643
1865-Sec. 32. Subsections (g) and (h) of section 21a-226 of the general 1644
1866-statutes are repealed and the following is substituted in lieu thereof 1645
1867-(Effective October 1, 2025): 1646
1868-(g) After hearing, the commissioner shall issue an order requiring 1647
1869-payment from the guaranty fund of any sum the commissioner finds to 1648
1870-be payable upon such application. The total compensation payable from 1649
1871-the guaranty fund on the closing of any one health club location shall 1650
1872-not exceed [seventy-five thousand] one hundred twenty-five thousand 1651
1873-dollars. 1652
1874-(h) If the commissioner pays any amount as a result of a claim against 1653
1875-a health club pursuant to an order under subsection (g) of this section, 1654
1876-the health club shall pay the amount due plus interest at the rate of ten 1655
1877-per cent per year. A health club shall not be eligible to receive a new or 1656
1878-renewed license until the health club has repaid such amount in full. [, 1657
1879-plus interest at a rate to be determined by the commissioner.] All funds 1658
1880-paid pursuant to this subsection shall be deposited in the guaranty fund. 1659
1881-Sec. 33. Subsection (a) of section 21a-430 of the general statutes is 1660
1882-repealed and the following is substituted in lieu thereof (Effective October 1661
1883-1, 2025): 1662
1884-(a) No person shall place or cause to be placed in a public place a 1663
1885-donation bin for the donation of clothing or other articles unless (1) such 1664
1886-person [has been granted permission] obtains advance written consent 1665
1887-from the owner of such public place, or such owner's duly authorized 1666
1888-agent, to place such donation bin, or cause such bin to be placed, in such 1667
1889-public place, [by the owner of such public place or by such owner's duly 1668
1890-authorized agent] and [unless] (2) such bin contains a notice, in block 1669
1891-letters at least two inches high, stating, [: (1) If] (A) if the donation is for 1670 Substitute Bill No. 1357
1892-
1893-
1894-LCO 53 of 81
1895-
1896-a charitable purpose, [(A)] (i) the name of the nonprofit organization 1671
1897-that will benefit from the donation, [and the percentage of the donated 1672
1898-articles or of the proceeds from the sale of the donated articles that the 1673
1899-nonprofit organization will receive from the owner of such bin, (B)] (ii) 1674
1900-the name and contact information of the owner of such bin, and [(C)] 1675
1901-(iii) that the public may contact the Department of Consumer Protection 1676
1902-for further information, or [(2)] (B) if not intended for a charitable 1677
1903-purpose, that such donation is not for a charitable purpose. Such notice 1678
1904-shall be on the same side of the bin where the donation is likely to be 1679
1905-made. As used in this section, "public place" means any area that is used 1680
1906-or held out for use by the public, whether owned or operated by public 1681
1907-or private interests, and "donation bin" means a large container 1682
1908-commonly placed in a parking lot for the purpose of encouraging 1683
1909-individuals to donate clothing or other items. 1684
1910-Sec. 34. Section 21a-434 of the general statutes is repealed and the 1685
1911-following is substituted in lieu thereof (Effective from passage): 1686
1912-(a) For purposes of this section, (1) "at retail" includes any retail 1687
1913-transaction conducted in person, excluding any transaction: (A) By 1688
1914-telephone, mail or the Internet, (B) for parking at a parking lot or a 1689
1915-parking garage, (C) at a wholesale club that sells consumer goods and 1690
1916-services through a membership model, (D) at a retail store selling 1691
1917-consumer goods exclusively through a membership model that requires 1692
1918-payment by means of an affiliated mobile device application, (E) for the 1693
1919-rental of consumer goods, services or accommodations for which 1694
1920-posting of collateral or security is typically required, and (F) for 1695
1921-consumer goods or services provided exclusively to employees and 1696
1922-individuals other than customers who are authorized to be on the 1697
1923-employer's premises, and (2) "cash" means legal tender. 1698
1924-(b) [A] Except as provided in subsection (c) of this section, a person 1699
1925-selling or offering for sale goods or services at retail in this state shall 1700
1926-not: (1) Refuse to accept cash as a form of payment for such goods or 1701
1927-services, (2) post signs stating that cash payment is not accepted, or (3) 1702
1928-charge a customer paying cash a higher price than such customer would 1703 Substitute Bill No. 1357
1929-
1930-
1931-LCO 54 of 81
1932-
1933-pay using any other form of payment. 1704
1934-(c) A person selling or offering for sale goods or services at retail in 1705
1935-this state shall be deemed to have satisfied the requirements established 1706
1936-in subsection (b) of this section if the person provides a device to 1707
1937-consumers that converts cash into a prepaid card, and: 1708
1938-(1) Such person and such person's device vendor do not, directly or 1709
1939-indirectly: 1710
1940-(A) Require payment of any fee for initial receipt of such prepaid 1711
1941-card; 1712
1942-(B) Charge any fee to use such prepaid card, including, but not 1713
1943-limited to, (i) a fee charged to (I) check the balance of such prepaid card, 1714
1944-or (II) deposit additional cash on such prepaid card, or (ii) any recurring 1715
1945-fee; 1716
1946-(C) Require payment of a minimum deposit for such prepaid card in 1717
1947-an amount that is greater than one dollar; 1718
1948-(D) Establish an expiration date for such prepaid card or otherwise 1719
1949-subject such prepaid card to an expiration date; 1720
1950-(E) Limit the number of transactions that may be completed by using 1721
1951-such prepaid card; or 1722
1952-(F) Require a consumer to provide any personally identifiable 1723
1953-information, including, but not limited to, a telephone number, 1724
1954-electronic mail address or Social Security number, to receive or use such 1725
1955-prepaid card; 1726
1956-(2) Such device shall, upon request, provide a printed receipt to a 1727
1957-consumer indicating the amount of cash the consumer has deposited 1728
1958-onto such prepaid card; and 1729
1959-(3) In the event such device malfunctions, the retail store where such 1730
1960-device is located shall: 1731 Substitute Bill No. 1357
1961-
1962-
1963-LCO 55 of 81
1964-
1965-(A) Accept payment in cash from consumers until such device is 1732
1966-restored and satisfies the requirements established in this subsection; 1733
1967-and 1734
1968-(B) Post a sign in a conspicuous location on or immediately adjacent 1735
1969-to such device stating that such retail store is required by law to accept 1736
1970-cash if such device malfunctions. 1737
1971-[(c)] (d) The Commissioner of Consumer Protection may adopt 1738
1972-regulations, in accordance with chapter 54, to implement the provisions 1739
1973-of this section. 1740
1974-Sec. 35. Section 42-110d of the general statutes is repealed and the 1741
1975-following is substituted in lieu thereof (Effective from passage): 1742
1976-(a) For the purposes of this chapter the [commissioner] 1743
1977-Commissioner of Consumer Protection shall have the power to order an 1744
1978-investigation and examination to be made. In addition to other powers 1745
1979-conferred upon the commissioner by this chapter, the commissioner or 1746
1980-[his] the commissioner's authorized representatives may issue 1747
1981-subpoenas to any person involved in any matter under investigation 1748
1982-and examination, administer an oath or affirmation to any person, and 1749
1983-conduct hearings in aid of any investigation or examination, provided 1750
1984-none of the powers conferred by this chapter shall be used for the 1751
1985-purpose of compelling any natural person to furnish testimony or 1752
1986-evidence which might tend to incriminate him or subject him to a 1753
1987-penalty or forfeiture. 1754
1988-(b) [Said commissioner] The Commissioner of Consumer Protection 1755
1989-or [said] the commissioner's authorized representatives shall have the 1756
1990-right to (1) enter any place or establishment within the state, at 1757
1991-reasonable times, for the purpose of making an investigation; (2) check 1758
1992-the invoices and records pertaining to costs and other transactions of 1759
1993-commodities; (3) take samples of commodities for evidence upon 1760
1994-tendering the market price therefor to the person having such 1761
1995-commodity in such person's custody; (4) subpoena documentary 1762
1996-material relating to such investigation; and (5) have access to, for the 1763 Substitute Bill No. 1357
1997-
1998-
1999-LCO 56 of 81
2000-
2001-purpose of examination, documentary material and the right to copy 1764
2002-and receive electronic copies of such documentary material of any 1765
2003-person being investigated or proceeded against. The commissioner or 1766
2004-the commissioner's authorized representatives shall have power to 1767
2005-require by subpoena the attendance and testimony of witnesses and the 1768
2006-production of all such documentary material relating to any matter 1769
2007-under investigation. 1770
2008-(c) In addition to other powers conferred upon the [commissioner, 1771
2009-said] Commissioner of Consumer Protection, the commissioner may 1772
2010-execute in writing and cause to be served, through reasonable efforts to 1773
2011-effectuate notice as set forth in section 21a-2, an investigative demand 1774
2012-upon any person suspected of using, having used or about to use any 1775
2013-method, act or practice declared by section 42-110b to be unlawful or 1776
2014-upon any person from whom [said] the commissioner wants assurance 1777
2015-that section 42-110b has not, is not or will not be violated. Such 1778
2016-investigative demand shall contain a description of the method, act or 1779
2017-practice under investigation, provide a reasonable time for compliance, 1780
2018-and require such person to furnish under oath or otherwise, as may be 1781
2019-specified in said demand, a report in writing setting forth relevant facts 1782
2020-or circumstances together with documentary material. Notwithstanding 1783
2021-subsection [(f)] (g) of this section, responses to investigative demands 1784
2022-issued under this subsection may be withheld from public disclosure 1785
2023-during the full pendency of the investigation. 1786
2024-(d) [Said commissioner] The Commissioner of Consumer Protection, 1787
2025-in conformance with sections 4-176e to 4-185, inclusive, whenever the 1788
2026-commissioner has reason to believe that any person has been engaged 1789
2027-or is engaged in an alleged violation of any provision of this chapter, 1790
2028-shall deliver to such person, in a manner that is sufficient to effectuate 1791
2029-notice as set forth in section 21a-2, a complaint stating the charges and 1792
2030-containing a notice of a hearing, to be held upon a day and at a place 1793
2031-therein fixed at least fifteen days after the date of such complaint. The 1794
2032-person so notified shall have the right to file a written answer to the 1795
2033-complaint and charges therein stated and appear at the time and place 1796
2034-so fixed for such hearing, in person or otherwise, with or without 1797 Substitute Bill No. 1357
2035-
2036-
2037-LCO 57 of 81
2038-
2039-counsel, and submit testimony and be fully heard. Any person may 1798
2040-make application, and upon good cause shown shall be allowed by the 1799
2041-commissioner to intervene and appear in such proceeding by counsel or 1800
2042-in person. The testimony in any such proceeding, including the 1801
2043-testimony of any intervening person, shall be under oath and shall either 1802
2044-be reduced to writing by the recording officer of the hearing or recorded 1803
2045-in an audio or audiovisual format. The commissioner or the 1804
2046-commissioner's authorized representatives shall have the power to 1805
2047-require by subpoena the attendance and testimony of witnesses and the 1806
2048-production of any documentary material at such proceeding. If upon 1807
2049-such hearing the commissioner is of the opinion that the method of 1808
2050-competition or the act or practice in question is prohibited by this 1809
2051-chapter, the commissioner or the commissioner's designee shall [make 1810
2052-a report in writing to the person complained of in which the 1811
2053-commissioner or such designee shall state the commissioner's or such 1812
2054-designee's findings as to the facts and shall forward by certified mail to] 1813
2055-issue a final decision, which may include orders for such person [an 1814
2056-order] to cease and desist from using such methods of competition or 1815
2057-such act or practice. The commissioner may impose a civil penalty, in an 1816
2058-amount not to exceed the amount set forth in subsection (b) of section 1817
2059-42-110o, after a hearing conducted pursuant to chapter 54, [or, if the 1818
2060-amount involved is less than ten thousand dollars, an] and issue an 1819
2061-order directing restitution, or both. The commissioner may apply for the 1820
2062-enforcement of any cease and desist order, civil penalty, order directing 1821
2063-restitution or consent order issued or imposed under this chapter to the 1822
2064-superior court for the judicial district of Hartford, or to any judge thereof 1823
2065-if the same is not in session, for an order temporarily or permanently 1824
2066-restraining and enjoining any person from continuing any violation of 1825
2067-such cease and desist order, an order directing payment of any civil 1826
2068-penalty or restitution or a consent order. Such application for a 1827
2069-temporary restraining order, temporary and permanent injunction, 1828
2070-order directing payment of any civil penalty or restitution and for such 1829
2071-other appropriate decree or process shall be brought and the 1830
2072-proceedings thereon conducted by the Attorney General. 1831 Substitute Bill No. 1357
2073-
2074-
2075-LCO 58 of 81
2076-
2077-(e) If the Commissioner of Consumer Protection determines that the 1832
2078-public health, safety or welfare imperatively requires emergency action, 1833
2079-the commissioner may order any person to cease and desist from any 1834
2080-act or practice the commissioner has reason to believe is in violation of 1835
2081-any provision of this chapter pending institution of administrative 1836
2082-proceedings pursuant to subsection (d) of this section, which 1837
2083-administrative proceedings shall be promptly instituted and resolved. 1838
2084-The commissioner shall not make such determination unless the 1839
2085-commissioner has concluded, based on the nature, severity and 1840
2086-duration of the anticipated harm, that immediate correction or cessation 1841
2087-of operations is necessary in order to prevent injury or serious illness. 1842
2088-Upon the close of the record in an administrative proceeding on an 1843
2089-emergency order issued by the commissioner pursuant to this 1844
2090-subsection or forty-five calendar days after the issuance of such order, 1845
2091-whichever occurs first, any party named in such order may appeal from 1846
2092-such order, as a preliminary order, to the Superior Court in accordance 1847
2093-with the provisions of section 4-183. Such appeal to the Superior Court 1848
2094-shall not enjoin such emergency order during the pendency of such 1849
2095-appeal unless so ordered by the Superior Court. Nothing in this 1850
2096-subsection shall be construed to limit the commissioner's ability to issue 1851
2097-a final decision following a hearing or the ability of any party named in 1852
2098-an emergency order issued pursuant to this subsection to appeal from a 1853
2099-final decision for the purposes of section 4-183. 1854
2100-[(e)] (f) In addition to any injunction issued pursuant to subsection 1855
2101-(d) of this section, the court may make such additional orders or 1856
2102-judgments as may be necessary to restore to any person in interest any 1857
2103-moneys or property, real or personal, which may have been acquired by 1858
2104-means of any practices prohibited by this chapter, including the 1859
2105-appointment of a receiver or the revocation of a license or certificate 1860
2106-authorizing the person subject to the order or injunction to engage in 1861
2107-business in this state, or both. 1862
2108-[(f)] (g) The [commissioner] Commissioner of Consumer Protection 1863
2109-or the Attorney General or their employees shall disclose, in accordance 1864
2110-with the provisions of the Freedom of Information Act, as defined in 1865 Substitute Bill No. 1357
2111-
2112-
2113-LCO 59 of 81
2114-
2115-section 1-200, all records concerning the investigation of any alleged 1866
2116-violation of any provision of this chapter, including, but not limited to, 1867
2117-any complaint initiating an investigation and all records of the 1868
2118-disposition or settlement of a complaint. For purposes of this section, 1869
2119-"disposition" shall include the following action or nonaction with 1870
2120-respect to any complaints or investigations: (1) No action taken because 1871
2121-of (A) a lack of jurisdiction, (B) unsubstantiated allegations, or (C) a lack 1872
2122-of sufficient information to draw a conclusion, as determined by the 1873
2123-commissioner, after investigation; (2) referral to another state agency, or 1874
2124-to a federal or local agency, or to law enforcement authorities; (3) an 1875
2125-acceptance of an assurance of voluntary compliance in accordance with 1876
2126-the provisions of section 42-110j, as amended by this act; and (4) formal 1877
2127-action taken, including the institution of administrative proceedings 1878
2128-pursuant to subsection (d) of this section or court proceedings pursuant 1879
2129-to section 42-110m, 42-110o or 42-110p. The commissioner may withhold 1880
2130-such records from disclosure during the pendency of an investigation 1881
2131-or examination held in accordance with subsection (a) of this section, 1882
2132-but in no event shall the commissioner withhold any such records 1883
2133-longer than a period of eighteen months after the date on which the 1884
2134-initial complaint was filed with the commissioner or after the date on 1885
2135-which the investigation or examination was commenced, whichever is 1886
2136-earlier. Nothing herein shall be deemed to affect the rights of litigants, 1887
2137-including parties to administrative proceedings, under the laws of 1888
2138-discovery of this state. 1889
2139-Sec. 36. Section 42-110j of the general statutes is repealed and the 1890
2140-following is substituted in lieu thereof (Effective from passage): 1891
2141-In the administration of this chapter, the commissioner may accept 1892
2142-an assurance of voluntary compliance with respect to any method, act 1893
2143-or practice deemed in violation of this chapter from any person alleged 1894
2144-to be engaged or to have been engaged in such method, act or practice. 1895
2145-Such assurance may include an amount as a monetary settlement and 1896
2146-as restitution to aggrieved persons and for investigative costs. No such 1897
2147-assurance of voluntary compliance shall be considered an admission of 1898
2148-violation for any purpose. Matters thus closed may at any time be 1899 Substitute Bill No. 1357
2149-
2150-
2151-LCO 60 of 81
2152-
2153-reopened by the commissioner for further proceedings in the public 1900
2154-interest. In the event of any violation of the terms of an assurance of 1901
2155-voluntary compliance accepted under this section, the commissioner 1902
2156-may proceed as provided in sections 42-110d, as amended by this act, 1903
2157-and 42-110e or may request that the Attorney General apply in the name 1904
2158-of the state to the Superior Court for relief from such violation consistent 1905
2159-with section 42-110m. 1906
2160-Sec. 37. Section 42-134a of the general statutes is repealed and the 1907
2161-following is substituted in lieu thereof (Effective July 1, 2025): 1908
2162-As used in this chapter: 1909
2163-[(a)] (1) "Home solicitation sale" means a sale, lease, or rental of 1910
2164-consumer goods or services, whether under single or multiple contracts, 1911
2165-in which the seller or his representative personally solicits the sale, 1912
2166-including those in response to or following an invitation by the buyer, 1913
2167-and the buyer's agreement or offer to purchase is made at a place other 1914
2168-than the place of business of the seller. The term "home solicitation sale" 1915
2169-does not include a transaction: [(1)] (A) Made pursuant to prior 1916
2170-negotiations in the course of a visit by the buyer to a retail business 1917
2171-establishment having a fixed, permanent location where goods are 1918
2172-exhibited or the services are offered for sale on a continuing basis; [(2)] 1919
2173-(B) in which the buyer has initiated the contact and the goods or services 1920
2174-are needed to meet a bona fide immediate personal emergency of the 1921
2175-buyer, and the buyer furnishes the seller with a separate dated and 1922
2176-signed personal statement in the buyer's handwriting describing the 1923
2177-situation requiring immediate remedy and expressly acknowledging 1924
2178-and waiving the right to cancel the sale within three business days; [(3)] 1925
2179-(C) conducted and consummated entirely by mail or telephone and 1926
2180-without any other contact between the buyer and the seller or its 1927
2181-representative prior to delivery of the goods or performance of the 1928
2182-services; [(4)] (D) in which the buyer has initiated the contact and 1929
2183-specifically requested the seller to visit his home for the purpose of 1930
2184-repairing or performing maintenance upon the buyer's personal 1931
2185-property. If in the course of such a visit, the seller sells the buyer the 1932 Substitute Bill No. 1357
2186-
2187-
2188-LCO 61 of 81
2189-
2190-right to receive additional services or goods other than replacement 1933
2191-parts necessarily used in performing the maintenance or in making the 1934
2192-repairs, the sale of those additional goods or services shall not come 1935
2193-within this exclusion; [(5)] (E) pertaining to the sale or rental of real 1936
2194-property, to the sale of insurance, to the sale of newspapers or to the sale 1937
2195-of securities or commodities by a broker-dealer registered with the 1938
2196-securities and exchange commission; [(6)] (F) made pursuant to a home 1939
2197-party plan sales and demonstration; or [(7)] (G) in the case of consumer 1940
2198-goods, other than magazine sales or subscriptions, where the purchase 1941
2199-price, whether under single or multiple contracts, does not exceed 1942
2200-twenty-five dollars. 1943
2201-[(b)] (2) "Consumer goods or services" means goods or services 1944
2202-purchased, leased, or rented primarily for personal, family, or 1945
2203-household purposes, including courses of instruction or training 1946
2204-regardless of the purpose for which they are taken. 1947
2205-[(c)] (3) "Seller" means any person, partnership, corporation, limited 1948
2206-liability company or association engaged in home solicitation sales of 1949
2207-consumer goods or services. 1950
2208-[(d)] (4) "Place of business" means the main or permanent branch 1951
2209-office or local address of a seller. 1952
2210-[(e)] (5) "Purchase price" means the total price paid or to be paid for 1953
2211-the consumer goods or services, including all interest and service 1954
2212-charges. 1955
2213-[(f)] (6) "Business day" means any calendar day except Saturday, 1956
2214-Sunday or any [of the following business holidays: New Year's Day, 1957
2215-Washington's Birthday, Memorial Day, Independence Day, Labor Day, 1958
2216-Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day] 1959
2217-legal holiday designated, appointed or recommended under section 1-1960
2218-4. 1961
2219-Sec. 38. Subsection (a) of section 36a-671b of the general statutes is 1962
2220-repealed and the following is substituted in lieu thereof (Effective July 1, 1963 Substitute Bill No. 1357
2221-
2222-
2223-LCO 62 of 81
2224-
2225-2025): 1964
2226-(a) A debt negotiator shall provide to each debtor a contract that shall 1965
2227-include a complete, detailed list of services to be performed, the costs of 1966
2228-such services and the results to be achieved. Each debt negotiation 1967
2229-service contract shall contain (1) a statement certifying that the person 1968
2230-offering debt negotiation services has reviewed the consumer's debt, 1969
2231-and (2) an individualized evaluation of the likelihood that the proposed 1970
2232-debt negotiation services would reduce the consumer's debt or debt 1971
2233-service or, if appropriate, prevent the consumer's residential home from 1972
2234-being foreclosed. Each contract shall allow the consumer to cancel or 1973
2235-rescind such contract within three business days after the date on which 1974
2236-the consumer signed the contract. Such contract shall contain a clear and 1975
2237-conspicuous caption that shall read, "Debtor's three-day right to cancel", 1976
2238-along with the following statement: "If you wish to cancel this contract, 1977
2239-you may cancel by mailing a written notice by certified or registered 1978
2240-mail to the address specified below. The notice shall state that you do 1979
2241-not wish to be bound by this contract and must be delivered or mailed 1980
2242-before midnight of the third business day after you sign this contract." 1981
2243-As used in this section, "business day" [has the same meaning as 1982
2244-provided in section 42-134a] means any calendar day except Sunday or 1983
2245-any of the following business holidays: New Year's Day, Washington's 1984
2246-Birthday, Memorial Day, Independence Day, Labor Day, Columbus 1985
2247-Day, Veterans Day, Thanksgiving Day and Christmas Day. 1986
2248-Sec. 39. Subdivision (4) of section 42-481 of the general statutes is 1987
2249-repealed and the following is substituted in lieu thereof (Effective July 1, 1988
2250-2025): 1989
2251-(4) "Sales representative" means a person who: (A) Establishes a 1990
2252-business relationship with a principal to solicit orders for products or 1991
2253-services, and (B) is compensated in whole, or in part, by commission. 1992
2254-"Sales representative" does not include an employee or a person who 1993
2255-places orders or purchases on the person's own account or for resale or 1994
2256-a seller, as defined in [subsection (c) of] section 42-134a, as amended by 1995
2257-this act; and 1996 Substitute Bill No. 1357
2258-
2259-
2260-LCO 63 of 81
2261-
2262-Sec. 40. Section 42-135a of the general statutes is repealed and the 1997
2263-following is substituted in lieu thereof (Effective July 1, 2025): 1998
2264-No agreement in a home solicitation sale shall be effective against the 1999
2265-buyer if [it] the agreement is not signed and dated by the buyer or if the 2000
2266-seller shall: 2001
2267-(1) Fail to furnish the buyer with a fully completed receipt or copy of 2002
2268-all contracts and documents pertaining to such sale at the time of its 2003
2269-execution, which contract shall be in the same language as that 2004
2270-principally used in the oral sales presentation and which shall show the 2005
2271-date of the transaction and shall contain the name and address of the 2006
2272-seller, and in immediate proximity to the space reserved in the contract 2007
2273-for the signature of the buyer, or on the front page of the receipt if a 2008
2274-contract is not used, and in boldface type of a minimum size of [ten] 2009
2275-twelve points, a statement in substantially the following form: 2010
2276-YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY 2011
2277-TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER 2012
2278-THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE 2013
2279-OF CANCELLATION FORM FOR AN EXPLANATION OF THIS 2014
2280-RIGHT. 2015
2281-(2) Fail to furnish each buyer, at the time such buyer signs the home 2016
2282-solicitation sales contract or otherwise agrees to buy consumer goods or 2017
2283-services from the seller, a [completed] form completed by the seller in 2018
2284-duplicate, captioned "NOTICE OF CANCELLATION", which shall be 2019
2285-attached to the contract or receipt and easily detachable, and which shall 2020
2286-contain in [ten-point] twelve-point boldface type the following 2021
2287-information and statements in the same language as that used in the 2022
2288-contract: 2023
2289-[NOTICE OF CANCELLATION 2024
2290-.... (Date of Transaction) 2025
2291-YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY 2026 Substitute Bill No. 1357
2292-
2293-
2294-LCO 64 of 81
2295-
2296-PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS 2027
2297-FROM THE ABOVE DATE. 2028
2298-IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS 2029
2299-MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY 2030
2300-NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE 2031
2301-RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT 2032
2302-BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY 2033
2303-SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL 2034
2304-BE CANCELLED. 2035
2305-IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE 2036
2306-SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD 2037
2307-CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO 2038
2308-YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU 2039
2309-WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER 2040
2310-REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE 2041
2311-SELLER'S EXPENSE AND RISK. 2042
2312-IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER 2043
2313-AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY 2044
2314-DAYS OF THE DATE OF CANCELLATION, YOU MAY RETAIN OR 2045
2315-DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. 2046
2316-IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, 2047
2317-OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND 2048
2318-FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE 2049
2319-OF ALL OBLIGATIONS UNDER THE CONTRACT. 2050
2320-TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED 2051
2321-AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY 2052
2322-OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO .... (Name of 2053
2323-Seller) AT .... (Address of Seller's Place of Business) NOT LATER THAN 2054
2324-MIDNIGHT OF .... (Date) 2055
2325-I HEREBY CANCEL THIS TRANSACTION. 2056
2326-.... (Date) 2057 Substitute Bill No. 1357
2327-
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2330-
2331-.... (Buyer's Signature)] 2058
2332-"NOTICE OF CANCELLATION 2059
2333-Seller: (Seller's name inserted by seller) 2060
2334-Date of Transaction: (Date of transaction inserted by seller) 2061
2335-You have the right to cancel this contract or sale by following the 2062
2336-instructions in this notice. Your deadline is midnight on (date of the 2063
2337-third business day after the date of the transaction, as inserted in 2064
2338-boldface type by seller) to cancel. You have until this deadline to sign, 2065
2339-date, and send this notice of cancellation to the Seller by email, fax, or 2066
2340-mail to the contact information listed below. 2067
2341-(Instructions for seller: To determine the third business day, start 2068
2342-counting on the day following the day when the transaction took place 2069
2343-and do not count Saturdays, Sundays, or days designated as legal 2070
2344-holidays in Connecticut.) 2071
2345-There is no penalty if you cancel. You do not have any legal 2072
2346-obligations under the contract if you cancel. If you cancel, the seller must 2073
2347-return to you any payments made by you, any property you traded in, 2074
2348-and any negotiable instrument executed by you, such as a personal 2075
2349-check, money order or promissory note. The seller has ten days after it 2076
2350-receives your cancellation notice to return those items to you. Any 2077
2351-security interest arising out of the transaction will be cancelled, such as 2078
2352-a legal claim or a lien on your property. 2079
2353-If you cancel, you must make available to the seller any goods 2080
2354-delivered to you under this contract or sale. The goods must be in 2081
2355-substantially as good condition as when you received them. The seller 2082
2356-can pick them up from your residence. If you make the goods available 2083
2357-to the seller and the seller does not pick them up, after twenty calendar 2084
2358-days have passed since you sent this notice to the seller, you may keep 2085
2359-or dispose of the goods. If you do not make the goods available to the 2086
2360-seller, you will still have to fulfill your contractual obligations. 2087 Substitute Bill No. 1357
2361-
2362-
2363-LCO 66 of 81
2364-
2365-The seller may also tell you how to return the goods to the seller at 2088
2366-the seller's own expense and risk, such as by mailing them to the seller. 2089
2367-You do not have to agree to return the goods to the seller yourself, but 2090
2368-if you agree to do so but fail to send the goods to the seller, you will still 2091
2369-have to fulfill your contractual obligations. 2092
2370-To cancel this contract or sale, you must sign and date this notice, and 2093
2371-send it either by email, by fax, or by regular mail to: 2094
2372-(Seller's name inserted by seller) 2095
2373-Email: (Seller's business electronic mail address inserted by seller) 2096
2374-OR 2097
2375-Fax: (Seller's fax number inserted by seller) 2098
2376-OR 2099
2377-Regular mail: (Address of seller's place of business inserted by seller) 2100
2378-I hereby cancel this transaction. 2101
2379-Dated: 2102
2380-Signed:" 2103
2381-(3) Fail, before furnishing copies of the "Notice of Cancellation" to the 2104
2382-buyer, to complete both copies by entering the name of the seller, the 2105
2383-address of the seller's place of business, the date of the transaction, the 2106
2384-seller's business electronic mail address, if any, and the date, not earlier 2107
2385-than the third business day [following] after the date of the transaction, 2108
2386-by which the buyer may give notice of cancellation. 2109
2387-(4) Include in any home solicitation sale contract or receipt any 2110
2388-confession of judgment or any waiver of any of the rights to which the 2111
2389-buyer is entitled under this chapter, including specifically such buyer's 2112
2390-right to cancel the sale in accordance with the provisions of this section. 2113 Substitute Bill No. 1357
2391-
2392-
2393-LCO 67 of 81
2394-
2395-(5) Fail to inform each buyer, orally, at the time such buyer signs the 2114
2396-contract or purchases the goods or services, of such buyer's right to 2115
2397-cancel. 2116
2398-(6) Misrepresent in any manner the buyer's right to cancel. 2117
2399-(7) Fail or refuse to honor any valid notice of cancellation by a buyer 2118
2400-and within ten business days after the receipt of such notice, to (A) 2119
2401-refund all payments made under the contract or sale; (B) return any 2120
2402-goods or property traded in, in substantially as good condition as when 2121
2403-received by the seller; (C) cancel and return any negotiable instrument 2122
2404-executed by the buyer in connection with the contract or sale and take 2123
2405-any action necessary or appropriate to terminate promptly any security 2124
2406-interest created in the transaction; and (D) cancel and return any 2125
2407-contract executed by the buyer in connection with the transaction. 2126
2408-(8) Negotiate, transfer, sell, or assign any note or other evidence of 2127
2409-indebtedness to a finance company or other third party prior to 2128
2410-midnight of the fifth business day following the date the contract was 2129
2411-signed or the goods or services purchased. 2130
2412-(9) Fail, within ten business days of receipt of the buyer's notice of 2131
2413-cancellation, to notify such buyer whether the seller intends to repossess 2132
2414-or to abandon any shipped or delivered goods. 2133
2415-(10) Fail, when providing a digital copy of the agreement by 2134
2416-electronic mail or any other electronic delivery method, to include the 2135
2417-following statement, immediately adjacent to the body of the message, 2136
2418-in at least twelve-point type or, if the body of the message is in larger 2137
2419-size type, the same size type as the body of the message: 2138
2420-PLEASE REVIEW IMPORTANT INFORMATION ABOUT YOUR 2139
2421-RIGHT TO CANCEL THIS AGREEMENT IN THE "NOTICE OF 2140
2422-CANCELLATION" BEING PROVIDED TO YOU. 2141
2423-Sec. 41. Subsection (g) of section 42-179 of the general statutes is 2142
2424-repealed and the following is substituted in lieu thereof (Effective July 1, 2143 Substitute Bill No. 1357
2425-
2426-
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2428-
2429-2025): 2144
2430-(g) (1) No motor vehicle which is returned to any person pursuant to 2145
2431-any provision of this chapter or in settlement of any dispute related to 2146
2432-any complaint made under the provisions of this chapter and which 2147
2433-requires replacement or refund shall be resold, transferred or leased in 2148
2434-the state without clear and conspicuous written disclosure of the fact 2149
2435-that such motor vehicle was so returned prior to resale or lease. Such 2150
2436-disclosure shall be affixed to the motor vehicle and shall be included in 2151
2437-any contract for sale or lease. The Commissioner of Motor Vehicles shall, 2152
2438-by regulations adopted in accordance with the provisions of chapter 54, 2153
2439-prescribe the form and content of any such disclosure statement and 2154
2440-establish provisions by which the commissioner may remove such 2155
2441-written disclosure after such time as the commissioner may determine 2156
2442-that such motor vehicle is no longer defective. 2157
2443-(2) For any motor vehicle subject to a complaint made under the 2158
2444-provisions of this chapter, if a manufacturer accepts the return of a 2159
2445-motor vehicle or compensates any person who accepts the return of a 2160
2446-motor vehicle, whether the return is pursuant to an arbitration award or 2161
2447-settlement, such manufacturer shall stamp the words 2162
2448-"MANUFACTURER BUYBACK -LEMON" clearly and conspicuously 2163
2449-on the face of the original title in letters at least one-quarter inch high 2164
2450-and, not later than thirty days after receipt of the title, shall submit a 2165
2451-copy of the stamped title to the Department of Motor Vehicles and 2166
2452-electronically remit evidence of such submission to the Department of 2167
2453-Consumer Protection within such thirty-day period. The Department of 2168
2454-Motor Vehicles shall maintain a listing of such buyback vehicles and in 2169
2455-the case of any request for a title for a buyback vehicle, shall cause the 2170
2456-words "MANUFACTURER BUYBACK -LEMON" to appear clearly and 2171
2457-conspicuously on the face of the new title in letters which are at least 2172
2458-one-quarter inch high. Any person who applies for a title shall disclose 2173
2459-to the department the fact that such vehicle was returned as set forth in 2174
2460-this subsection. 2175
2461-(3) If a manufacturer accepts the return of a motor vehicle from a 2176 Substitute Bill No. 1357
2462-
2463-
2464-LCO 69 of 81
2465-
2466-consumer due to a nonconformity or defect, in exchange for a refund or 2177
2467-a replacement vehicle, whether as a result of an administrative or 2178
2468-judicial determination, an arbitration proceeding or a voluntary 2179
2469-settlement, the manufacturer shall notify the Department of Motor 2180
2470-Vehicles and shall provide the department with all relevant information, 2181
2471-including the year, make, model, vehicle identification number and 2182
2472-prior title number of the vehicle. Such manufacturer shall stamp the 2183
2473-words "MANUFACTURER BUYBACK -LEMON" clearly and 2184
2474-conspicuously on the face of the original title in letters at least one-2185
2475-quarter-inch high, and, not later than thirty days after receipt of the title, 2186
2476-shall submit a copy of the stamped title to the Department of Motor 2187
2477-Vehicles and remit evidence of such submission to the Department of 2188
2478-Consumer Protection, in a form and manner prescribed by the 2189
2479-Commissioner of Consumer Protection, within such thirty-day period. 2190
2480-The Commissioner of Motor Vehicles shall adopt regulations in 2191
2481-accordance with chapter 54 specifying the format and time period in 2192
2482-which such information shall be provided and the nature of any 2193
2483-additional information which the commissioner may require. 2194
2484-(4) The provisions of this subsection shall apply to motor vehicles 2195
2485-originally returned in another state from a consumer due to a 2196
2486-nonconformity or defect in exchange for a refund or replacement vehicle 2197
2487-and which a lessor or transferor with actual knowledge subsequently 2198
2488-sells, transfers or leases in this state. 2199
2489-(5) If a manufacturer fails to stamp, submit and remit evidence of 2200
2490-submission of a title as required by this subsection within thirty days of 2201
2491-receipt of the title, the Department of Consumer Protection may impose 2202
2492-a fine not to exceed ten thousand dollars on the manufacturer. Any such 2203
2493-fine shall be deposited into the new automobile warranties account 2204
2494-established pursuant to section 42-190. A manufacturer that is aggrieved 2205
2495-by a fine imposed pursuant to this subsection may, within ten days of 2206
2496-receipt of written notice of such fine from the department, request, in 2207
2497-writing, a hearing. The department shall, upon the receipt of all 2208
2498-documentation necessary to evaluate the request, determine whether 2209
2499-circumstances beyond the manufacturer's control prevented 2210 Substitute Bill No. 1357
2500-
2501-
2502-LCO 70 of 81
2503-
2504-performance, and may conduct a hearing pursuant to chapter 54, if 2211
2505-appropriate. 2212
2506-Sec. 42. Section 42-158ff of the general statutes is repealed and the 2213
2507-following is substituted in lieu thereof (Effective October 1, 2025): 2214
2508-(a) For the purposes of this section: 2215
2509-(1) "Automatic renewal provision" means any provision that is 2216
2510-included in a consumer agreement under which a business that is a 2217
2511-party to such agreement may renew such agreement without any action 2218
2512-on the part of a consumer who is a party to such agreement; 2219
2513-(2) "Business" means any individual or sole proprietorship, 2220
2514-partnership, firm, corporation, trust, limited liability company, limited 2221
2515-liability partnership, joint stock company, joint venture, association or 2222
2516-other legal entity through which commerce for profit or not for profit is 2223
2517-conducted; 2224
2518-(3) "Clearly and conspicuously disclose" means (A) for a disclosure 2225
2519-made electronically or in writing, to make such disclosure (i) in a 2226
2520-manner that may be retained by the consumer, and (ii) in text that is (I) 2227
2521-larger than the size of any surrounding text, or (II) the same size as the 2228
2522-surrounding text but in a typeface, font or color that contrasts with such 2229
2523-surrounding text or is set off from such surrounding text by symbols or 2230
2524-other marks that draw the consumer's attention to such disclosure, and 2231
2525-(B) for a disclosure made verbally or telephonically, to make such 2232
2526-disclosure in a volume and cadence that is readily audible to, and 2233
2527-understandable by, the consumer; 2234
2528-[(3)] (4) "Consumer" means any individual who is a resident of this 2235
2529-state and a prospective recipient of consumer goods or consumer 2236
2530-services; 2237
2531-[(4)] (5) "Consumer agreement" means any verbal, telephonic, written 2238
2532-or electronic agreement, initially entered into or amended on or after 2239
2533-October 1, 2023, between a business and a consumer under which a 2240 Substitute Bill No. 1357
2534-
2535-
2536-LCO 71 of 81
2537-
2538-business agrees to provide consumer goods or consumer services to a 2241
2539-consumer. "Consumer agreement" does not include any such agreement 2242
2540-(A) concerning any service provided by a business or its affiliate where 2243
2541-either the business or its affiliate is doing business pursuant to (i) a 2244
2542-franchise issued by a political subdivision of the state, or (ii) a license, 2245
2543-franchise, certificate or other authorization issued by the Public Utilities 2246
2544-Regulatory Authority, (B) concerning any service provided by a 2247
2545-business or its affiliate where either the business or its affiliate is 2248
2546-regulated by the Public Utilities Regulatory Authority, the Federal 2249
2547-Communications Commission or the Federal Energy Regulatory 2250
2548-Commission, (C) with any entity regulated by the Insurance 2251
2549-Department or an affiliate of such entity, (D) with any bank, out-of-state 2252
2550-bank, bank holding company, Connecticut credit union, federal credit 2253
2551-union or out-of-state credit union, as said terms are defined in section 2254
2552-36a-2, or any subsidiary thereof, or (E) concerning any global or national 2255
2553-service largely or predominately consisting of audiovisual content; 2256
2554-[(5)] (6) "Consumer good" means any article that is purchased, leased, 2257
2555-exchanged or received primarily for personal, family or household 2258
2556-purposes; 2259
2557-[(6)] (7) "Consumer service" means any service that is purchased, 2260
2558-leased, exchanged or received primarily for personal, family or 2261
2559-household purposes; and 2262
2560-[(7)] (8) "Continuous services provision" means any provision that is 2263
2561-included in a consumer agreement under which a business that is a 2264
2562-party to such agreement may continue to provide consumer services to 2265
2563-a consumer who is a party to such agreement until the consumer takes 2266
2564-action to prevent or terminate such business's provision of such 2267
2565-consumer services under such agreement. 2268
2566-(b) (1) No business shall enter into, or offer to enter into, a consumer 2269
2567-agreement with a consumer if such agreement includes an automatic 2270
2568-renewal provision or a continuous services provision, unless: 2271
2569-(A) Such business establishes and maintains a toll-free telephone 2272 Substitute Bill No. 1357
2570-
2571-
2572-LCO 72 of 81
2573-
2574-number, an electronic mail address or postal address, or the online 2273
2575-means required under subsection (d) of this section, which the consumer 2274
2576-may use to prevent automatic renewal or prevent or terminate 2275
2577-continuous consumer services; 2276
2578-(B) Where such consumer agreement contains an automatic renewal 2277
2579-provision, such business clearly and conspicuously discloses to the 2278
2580-consumer, [electronically, verbally, telephonically or in writing in the 2279
2581-manner specified in subdivision (2) of this subsection and] before such 2280
2582-automatic renewal, (i) that the business will automatically renew such 2281
2583-agreement until such consumer takes action to prevent such automatic 2282
2584-renewal, (ii) a description of the actions such consumer is required to 2283
2585-take to prevent any automatic renewal of such agreement and, if 2284
2586-disclosed electronically, a link or other electronic means such consumer 2285
2587-may use to take such actions as described in subsection (d) of this 2286
2588-section, (iii) all recurring charges that will be charged to the consumer's 2287
2589-credit card, debit card or third-party payment account for any automatic 2288
2590-renewal of such agreement and, if the amount of such charges is subject 2289
2591-to change, the amount of such change if known by such business, (iv) 2290
2592-the length of any automatic renewal term for such agreement unless the 2291
2593-consumer selects the length of such term, (v) any additional provisions 2292
2594-concerning such renewal term, (vi) any minimum purchase obligation, 2293
2595-and (vii) contact information for such business; 2294
2596-(C) Where such consumer agreement contains a continuous services 2295
2597-provision, such business clearly and conspicuously discloses to the 2296
2598-consumer, [electronically, verbally, telephonically or in writing in the 2297
2599-manner specified in subdivision (2) of this subsection and] before such 2298
2600-consumer enters into such agreement, (i) that the business will provide 2299
2601-continuous consumer services under such agreement until such 2300
2602-consumer takes action to prevent or terminate such continuous 2301
2603-consumer services, (ii) a description of the actions such consumer is 2302
2604-required to take to prevent or terminate such continuous consumer 2303
2605-services, (iii) all recurring charges that will be charged to the consumer's 2304
2606-credit card, debit card or third-party payment account for such 2305
2607-continuous consumer services and, if the amount of such charges is 2306 Substitute Bill No. 1357
2608-
2609-
2610-LCO 73 of 81
2611-
2612-subject to change, the amount of such change if known by such business, 2307
2613-(iv) the duration of such continuous consumer services, (v) any 2308
2614-additional provisions concerning such continuous consumer services, 2309
2615-(vi) any minimum purchase obligation, and (vii) contact information for 2310
2616-such business; 2311
2617-(D) If such business intends to make any material change in the terms 2312
2618-of such automatic renewal provision or continuous services provision, 2313
2619-such business clearly and conspicuously discloses to the consumer, 2314
2620-[electronically, verbally, telephonically or in writing in the manner 2315
2621-specified in subdivision (2) of this subsection and] before such business 2316
2622-makes such material change, the material change and a description of 2317
2623-the actions such consumer is required to take to cancel such automatic 2318
2624-renewal or terminate such continuous consumer services; 2319
2625-(E) If such consumer agreement includes a free gift or trial period, 2320
2626-such business clearly and conspicuously discloses to the consumer, 2321
2627-[electronically, verbally, telephonically or in writing in the manner 2322
2628-specified in subdivision (2) of this subsection] before such consumer 2323
2629-enters into such agreement, (i) the price that such consumer will be 2324
2630-charged following expiration of such period, and (ii) any manner in 2325
2631-which the pricing for such agreement will change following expiration 2326
2632-of such period; and 2327
2633-(F) (i) Except as provided in subparagraph (F)(iii) of this subdivision, 2328
2634-if such consumer agreement is offered electronically or telephonically 2329
2635-and includes a free gift or trial period, or a discounted or promotional 2330
2636-price period, such business clearly and conspicuously discloses to the 2331
2637-consumer, [electronically or telephonically in the manner specified in 2332
2638-subdivision (2) of this subsection and] not later than the time specified 2333
2639-in subparagraph (F)(ii) of this subdivision, (I) that such business will 2334
2640-automatically renew, or provide continuous consumer services under, 2335
2641-such agreement until such consumer takes action to prevent such 2336
2642-automatic renewal or prevent or terminate such continuous consumer 2337
2643-services, (II) the duration of such automatic renewal term or continuous 2338
2644-consumer services, (III) any additional provisions concerning such 2339 Substitute Bill No. 1357
2645-
2646-
2647-LCO 74 of 81
2648-
2649-renewal term or continuous consumer services, (IV) a description of the 2340
2650-actions such consumer is required to take to prevent such automatic 2341
2651-renewal or prevent or terminate such continuous consumer services, 2342
2652-and (V) if such agreement is offered electronically, a prominently 2343
2653-displayed direct link or button, or an electronic mail message, required 2344
2654-under subsection (d) of this section. 2345
2655-(ii) Except as provided in subparagraph (F)(iii) of this subdivision, if 2346
2656-such business is required to make a disclosure pursuant to 2347
2657-subparagraph (F)(i) of this subdivision, such business [makes such 2348
2658-disclosure] clearly and conspicuously discloses (I) where the free gift or 2349
2659-trial period, or discounted or promotional price period, is at least thirty-2350
2660-two days in duration, at least twenty-one days after such period 2351
2661-commences and not earlier than three days before such period expires, 2352
2662-or (II) where the free gift or trial period, or discounted or promotional 2353
2663-price period, is at least one year in duration, at least fifteen days but not 2354
2664-more than forty-five days before such period expires. 2355
2665-(iii) Such business shall not be required to make the disclosure 2356
2666-required under subparagraph (F)(i) or (F)(ii) of this subdivision if such 2357
2667-business has not collected, or does not maintain, the consumer's 2358
2668-electronic mail address or telephone number, as applicable, and is 2359
2669-unable to make such disclosure to such consumer by other electronic 2360
2670-means. For the purposes of subparagraphs (E) and (F) of this 2361
2671-subdivision, "free gift" does not include a free promotional item or gift 2362
2672-that a business gives to a consumer if such item or gift differs from the 2363
2673-consumer goods or consumer services that are the subject of the 2364
2674-consumer agreement between the business and the consumer. 2365
2675-(2) Each business that is required to make any disclosure under 2366
2676-subdivision (1) of this subsection shall: 2367
2677-(A) If the consumer agreement is offered, or entered into, 2368
2678-electronically or in writing, make such disclosure [(i) in a manner that 2369
2679-may be retained by the consumer, and (ii) in text that is (I) larger than 2370
2680-the size of any surrounding text, or (II) the same size as the surrounding 2371 Substitute Bill No. 1357
2681-
2682-
2683-LCO 75 of 81
2684-
2685-text but in a typeface, font or color that contrasts with such surrounding 2372
2686-text or is set off from such surrounding text by symbols or other marks 2373
2687-that draw the consumer's attention to such disclosure] (i) clearly and 2374
2688-conspicuously, and (ii) electronically or in writing; or 2375
2689-(B) If the consumer agreement is offered, or entered into, verbally or 2376
2690-telephonically, make such disclosure [in a volume and cadence that is 2377
2691-readily audible to, and understandable by, the consumer] (i) clearly and 2378
2692-conspicuously, and (ii) verbally or telephonically. 2379
2693-(c) No business that enters into, or offers to enter into, a consumer 2380
2694-agreement that includes an automatic renewal provision or a 2381
2695-continuous services provision shall charge the consumer's credit card, 2382
2696-debit card or third-party payment account for any automatic renewal or 2383
2697-continuous consumer services, regardless of whether such renewal or 2384
2698-continuous consumer services are offered or provided at a promotional 2385
2699-or discounted price, unless such business has obtained such consumer's 2386
2700-affirmative consent to such renewal or continuous consumer services. 2387
2701-In considering whether a business has obtained affirmative consent in 2388
2702-accordance with the provisions of this subsection, a state agency or court 2389
2703-of competent jurisdiction shall consider, without limitation, whether the 2390
2704-business has produced a record of such affirmative consent obtained in 2391
2705-accordance with the provisions of sections 52-570d and 53a-189. 2392
2706-(d) (1) Each business that enters into a consumer agreement online 2393
2707-shall, if such agreement includes an automatic renewal provision or 2394
2708-continuous services provision, allow the consumer to take any action 2395
2709-necessary to prevent such automatic renewal or prevent or terminate 2396
2710-such continuous consumer services online and without requiring such 2397
2711-consumer to take any offline action to prevent such automatic renewal 2398
2712-or prevent or terminate such continuous consumer services. No 2399
2713-business that is subject to the provisions of this subdivision shall take 2400
2714-any action to obstruct or delay a consumer's efforts to prevent automatic 2401
2715-renewal of, or prevent or terminate provision of continuous consumer 2402
2716-services under, a consumer agreement pursuant to this subdivision. 2403
2717-Each business that is subject to the provisions of this subdivision shall 2404 Substitute Bill No. 1357
2718-
2719-
2720-LCO 76 of 81
2721-
2722-enable a consumer to prevent automatic renewal of, or prevent or 2405
2723-terminate provision of continuous consumer services under, a consumer 2406
2724-agreement pursuant to this subdivision by way of: 2407
2725-(A) A prominently displayed direct link or button, which may be 2408
2726-located within the consumer's (i) account or profile, or (ii) device or user 2409
2727-settings; or 2410
2728-(B) An electronic mail message from the business to the consumer, 2411
2729-which is immediately accessible by the consumer and to which the 2412
2730-consumer may reply without obtaining any additional information. 2413
2731-(2) Notwithstanding subdivision (1) of this subsection, a business 2414
2732-may require a consumer who maintains an account with the business to 2415
2733-enter the consumer's account information, or otherwise authenticate 2416
2734-such consumer's identity, online before such consumer may take any 2417
2735-action to prevent automatic renewal of, or prevent or terminate 2418
2736-provision of continuous consumer services under, a consumer 2419
2737-agreement pursuant to subdivision (1) of this subsection. No consumer 2420
2738-who is unwilling or unable to enter the consumer's account information, 2421
2739-or otherwise authenticate such consumer's identity, online under this 2422
2740-subdivision shall be precluded from authenticating such consumer's 2423
2741-identity, or taking action to prevent such automatic renewal or prevent 2424
2742-or terminate provision of continuous consumer services, offline by any 2425
2743-other method set forth in subparagraph (A) of subdivision (1) of 2426
2744-subsection (b) of this section. 2427
2745-(e) Nothing in this section shall be construed to create a private right 2428
2746-of action. 2429
2747-Sec. 43. (NEW) (Effective July 1, 2025) (a) As used in this section, 2430
2748-"motor vehicle" has the same meaning as provided in section 42-179 of 2431
2749-the general statutes, as amended by this act. 2432
2750-(b) Unless otherwise prohibited by law, each person, firm or 2433
2751-corporation licensed under section 14-52 of the general statutes and 2434
2752-engaged in the sale or lease of any motor vehicle shall clearly and 2435 Substitute Bill No. 1357
2753-
2754-
2755-LCO 77 of 81
2756-
2757-conspicuously disclose, on a side window of such motor vehicle, in a 2436
2758-size, typeface and form prescribed by the Commissioner of Motor 2437
2759-Vehicles, and in each written advertisement for sale or lease of such 2438
2760-motor vehicle where the price for such motor vehicle is displayed, each 2439
2761-fee, charge or cost that (1) a person is required to pay in order to 2440
2762-purchase, lease or otherwise receive such motor vehicle, and (2) is 2441
2763-associated with any add-on or service, including, but not limited to, (A) 2442
2764-any maintenance or service contract with the licensee, (B) any vehicle 2443
2765-identification number etching or marking as set forth in section 14-99h 2444
2766-of the general statutes, or (C) any door guard, mud flap, window visor 2445
2767-or floor mat. 2446
2768-(c) If any fee, charge or cost associated with any add-on or service 2447
2769-described in subsection (b) of this section is not required by law, the 2448
2770-licensee shall clearly and conspicuously disclose such fee, charge or cost 2449
2771-(1) (A) on the retail lease order for the motor vehicle pursuant to 2450
2772-subdivision (2) of section 44 of this act, or (B) on the retail purchase order 2451
2773-for the motor vehicle pursuant to subparagraph (B) of subdivision (2) of 2452
2774-subsection (a) of section 14-62 of the general statutes, as amended by this 2453
2775-act, and (2) on a side window of such motor vehicle in a size, typeface 2454
2776-and form prescribed by the Commissioner of Motor Vehicles. 2455
2777-(d) Notwithstanding the provisions of subsections (b) and (c) of this 2456
2778-section, no person, firm or corporation who is licensed under section 14-2457
2779-52 of the general statutes and engaged in the sale or lease of any motor 2458
2780-vehicle shall be required to make the disclosures required under said 2459
2781-subsections on a side window of such motor vehicle if such licensee does 2460
2782-not have possession of such motor vehicle in this state at the time such 2461
2783-motor vehicle is sold or leased. 2462
2784-Sec. 44. (NEW) (Effective July 1, 2025) Each lease of a motor vehicle, as 2463
2785-defined in section 42-179 of the general statutes, as amended by this act, 2464
2786-shall be evidenced by an order that is properly signed by both the lessee 2465
2787-and lessor, a copy of which shall be furnished to the lessee when 2466
2788-executed, and prominently displays (1) in a size, typeface and form 2467
2789-approved by the Commissioner of Motor Vehicles, (A) a list disclosing 2468 Substitute Bill No. 1357
2790-
2791-
2792-LCO 78 of 81
2793-
2794-each fee, charge or cost associated with any optional add-on or optional 2469
2795-service that the lessee has agreed to purchase from the lessor, and (B) a 2470
2796-clear and conspicuous disclosure that each fee, charge or cost listed 2471
2797-pursuant to subparagraph (A) of this subdivision is optional and not 2472
2798-required by law, and (2) each fee, charge or cost required under 2473
2799-subsection (c) of section 43 of this act in accordance with the provisions 2474
2800-of said subsection. 2475
2801-Sec. 45. Subsection (a) of section 14-62 of the general statutes is 2476
2802-repealed and the following is substituted in lieu thereof (Effective July 1, 2477
2803-2025): 2478
2804-(a) (1) Each sale shall be evidenced by an order properly signed by 2479
2805-both the buyer and seller, a copy of which shall be furnished to the buyer 2480
2806-when executed, and an invoice upon delivery of the motor vehicle, both 2481
2807-of which shall contain the following information: [(1)] (A) Make of 2482
2808-vehicle; [(2)] (B) year of model, whether sold as new or used, and on 2483
2809-invoice the identification number; [(3)] (C) deposit, and [(A)] (i) if the 2484
2810-deposit is not refundable, the words "No Refund of Deposit" shall 2485
2811-appear at this point, [and (B)] (ii) if the deposit is conditionally 2486
2812-refundable, the words "Conditional Refund of Deposit" shall appear at 2487
2813-this point, followed by a statement giving the conditions for refund, and 2488
2814-[(C)] (iii) if the deposit is unconditionally refundable, the words 2489
2815-"Unconditional Refund" shall appear at this point; [(4)] (D) cash selling 2490
2816-price; [(5)] (E) finance charges, and [(A)] (i) if these charges do not 2491
2817-include insurance, the words "No Insurance" shall appear at this point, 2492
2818-and [(B)] (ii) if these charges include insurance, a statement shall appear 2493
2819-at this point giving the exact type of coverage; [(6)] (F) allowance on 2494
2820-motor vehicle traded in, if any, and description of the same; [(7)] (G) 2495
2821-stamped or printed in a size equal to at least ten-point bold type on the 2496
2822-face of both order and invoice one of the following forms: [(A)] (i) "This 2497
2823-motor vehicle not guaranteed", or [(B)] (ii) "This motor vehicle is 2498
2824-guaranteed", followed by a statement as to the terms of such guarantee, 2499
2825-which terms shall include the duration of the guarantee or the number 2500
2826-of miles the guarantee shall remain in effect. Such statement shall not 2501
2827-apply to household furnishings of any trailer; [(8)] (H) if the motor 2502 Substitute Bill No. 1357
2828-
2829-
2830-LCO 79 of 81
2831-
2832-vehicle is new but has been subject to use by the seller or use in 2503
2833-connection with his business as a dealer, the word "demonstrator" shall 2504
2834-be clearly displayed on the face of both order and invoice; [(9)] (I) any 2505
2835-dealer conveyance fee or processing fee and a statement that such fee is 2506
2836-not payable to the state of Connecticut printed in at least ten-point bold 2507
2837-type on the face of both order and invoice; and [(10)] (J) the dealer's legal 2508
2838-name, address and license number. For the purposes of this subdivision, 2509
2839-"dealer conveyance fee" or "processing fee" means a fee charged by a 2510
2840-dealer to recover reasonable costs for processing all documentation and 2511
2841-performing services related to the closing of a sale, including, but not 2512
2842-limited to, the registration and transfer of ownership of the motor 2513
2843-vehicle which is the subject of the sale. 2514
2844-(2) Each order required under subdivision (1) of this subsection 2515
2845-evidencing a sale of a motor vehicle shall (A) contain a separate section, 2516
2846-prominently displayed in a size, typeface and form approved by the 2517
2847-Commissioner of Motor Vehicles, (i) listing each fee, charge or cost 2518
2848-associated with any optional add-on or optional service, and (ii) clearly 2519
2849-and conspicuously disclosing that each such fee, charge or cost is 2520
2850-optional and not required by law, and (B) display each fee, charge or 2521
2851-cost as required under subsection (c) of section 43 of this act in 2522
2852-accordance with the provisions of subsection (c) of section 43 of this act. 2523
2853-Sec. 46. Sections 20-341s to 20-341bb, inclusive, of the general statutes 2524
2854-are repealed. (Effective October 1, 2025) 2525
25+Section 1. Subsection (b) of section 20-281 of the general statutes is 1
26+repealed and the following is substituted in lieu thereof (Effective from 2
27+passage): 3
28+(b) The State Board of Accountancy shall require, by regulation, that 4
29+on and after January 1, 1990, as a condition to renewal of a permit to 5
30+practice issued under section 20-281e that permit holders undergo a 6
31+quality review, conducted in such manner as the board may by 7
32+regulation specify, to determine and report on the degree of compliance 8
33+by the permit holder with generally accepted accounting principals, 9
34+generally accepted auditing standards and other similarly recognized 10
35+authoritative technical standards. Such a review shall be required every 11
36+three years, except as provided in subsection (c) of this section. Any such 12
37+regulations shall provide that an applicant may comply with such 13
38+regulations by furnishing sufficient evidence to the board that a similar 14
39+Raised Bill No. 1357
40+
41+
42+
43+LCO No. 4689 2 of 84
44+
45+quality review has been completed for other purposes. Each such review 15
46+shall be performed by a reviewer having such qualifications as shall be 16
47+set forth by regulation. Each reviewer shall be independent of the firm 17
48+being reviewed. The firm which is the subject of the quality review shall 18
49+[furnish] provide a copy of the opinion letter [accompanying the report 19
50+of the review performed by] issued by the reviewer and a copy of an 20
51+acceptance letter issued by a qualified oversight body confirming that 21
52+the firm has received final approval from such body and taken all 22
53+corrective actions required by such body related to such review. The 23
54+firm shall submit such copies to the [board within] Department of 24
55+Consumer Protection not later than thirty days [of the] after acceptance 25
56+of the final report by [a] the qualified oversight body as determined by 26
57+the board. Such letter shall not be a public record unless it is made part 27
58+of the record of a disciplinary hearing. If the quality review [report is 28
59+designated "modified"] discloses the existence of any deficiencies or 29
60+delinquencies, the board may require the firm which is the subject of the 30
61+quality review to submit an affidavit, within such time as the board may 31
62+specify, indicating that [the remedial] corrective action [suggested by 32
63+the reviewer] has been completed. Payment for any quality review shall 33
64+be the responsibility of the firm which is the subject of [the] such review. 34
65+A firm may comply with the reporting requirements established in this 35
66+subsection by providing the department with digital access to the 36
67+opinion letter and acceptance letter for at least ninety days by way of a 37
68+secure Internet web site, including, but not limited to, by way of the 38
69+American Institute of Certified Public Accountants' facilitated state 39
70+board access process. 40
71+Sec. 2. Subsections (a) to (c), inclusive, of section 20-281c of the 41
72+general statutes are repealed and the following is substituted in lieu 42
73+thereof (Effective from passage): 43
74+(a) The [board] Department of Consumer Protection shall grant the 44
75+certificate of "certified public accountant" to any person who (1) submits 45
76+a complete application in a form and manner prescribed by the 46
77+Commissioner of Consumer Protection, (2) meets the good character, 47
78+Raised Bill No. 1357
79+
80+
81+
82+LCO No. 4689 3 of 84
83+
84+education, experience and examination requirements of subsections (b) 48
85+to (e), inclusive, of this section, and [upon the payment of] (3) remits to 49
86+the department a fee in the amount of one hundred fifty dollars. 50
87+(b) Good character for purposes of this section means lack of a history 51
88+of dishonest or felonious acts. The board or the Department of 52
89+Consumer Protection may refuse to grant a certificate on the grounds of 53
90+failure to satisfy this requirement only if there is a substantial connection 54
91+between the lack of good character of the applicant and the professional 55
92+responsibilities of a licensee and if the finding by the board or 56
93+department of lack of good character is supported by clear and 57
94+convincing evidence, and when based upon the prior conviction of a 58
95+crime, is in accordance with the provisions of section 46a-80. When an 59
96+applicant is found to be unqualified for a certificate because of a finding 60
97+of lack of good character, the board or department shall furnish the 61
98+applicant a statement containing the findings of the board and a 62
99+complete record of the evidence upon which the determination was 63
100+based. 64
101+(c) An applicant may apply to take the examination if such person, at 65
102+the time of the examination, has completed not less than one hundred 66
103+twenty semester hours of education, as determined [by the board] by 67
104+regulation, adopted by the Commissioner of Consumer Protection in 68
105+consultation with the board, to be appropriate. The educational 69
106+requirements for a certificate shall be prescribed in regulations [to be 70
107+adopted by the board as follows] and require: 71
108+(1) Until December 31, 1999, a baccalaureate degree or its equivalent 72
109+conferred by a college or university acceptable to the board, with an 73
110+accounting concentration or equivalent as determined by the board by 74
111+regulation to be appropriate; 75
112+(2) After January 1, 2000, at least one hundred fifty semester hours of 76
113+college education including a baccalaureate or higher degree conferred 77
114+by a college or university acceptable to the board. The total educational 78
115+Raised Bill No. 1357
116+
117+
118+
119+LCO No. 4689 4 of 84
120+
121+program shall include an accounting concentration or equivalent, as 79
122+determined by the board by regulation to be appropriate. 80
123+Sec. 3. Section 20-289 of the general statutes is repealed and the 81
124+following is substituted in lieu thereof (Effective from passage): 82
125+There shall be an Architectural Licensing Board in the Department of 83
126+Consumer Protection. The board shall consist of five members. The 84
127+Governor shall appoint two members of the board who shall be public 85
128+members and three members of the board who shall be architects 86
129+residing in this state. The Governor shall have the power to remove any 87
130+member from office for misconduct, incapacity or neglect of duty. 88
131+Members shall not be compensated for their services but shall be 89
132+reimbursed for necessary expenses incurred in the performance of their 90
133+duties. The board shall keep a record of its proceedings and a roster of 91
134+all licensed architects entitled to practice architecture and of all persons 92
135+holding certificates of authority under sections 20-295 and 20-295a of the 93
136+general statutes, revised to 1968, and corporations holding certificates 94
137+of authorization for the practice of architecture under section 20-298b in 95
138+this state. The department shall adopt regulations, in consultation with 96
139+the board and in accordance with chapter 54, concerning eligibility for 97
140+architectural licensing examinations, appeals of examination grades, 98
141+reciprocal licensing, requirements for continuing professional education 99
142+for renewal of licensure, qualifications for registration for Architect 100
143+Emeritus and such other matters as the department deems necessary to 101
144+carry out the purposes of this chapter. The board shall, annually, 102
145+prepare a roster of all licensed architects and the last-known mailing 103
146+address of such architects. A copy of such roster shall be placed on file 104
147+with the Secretary of the State and with the town building department 105
148+of each town. The Commissioner of Consumer Protection, with advice 106
149+and assistance from the board, shall adopt regulations, in accordance 107
150+with chapter 54, (1) concerning professional ethics and conduct 108
151+appropriate to establish and maintain a high standard of integrity and 109
152+dignity in the practice of the profession, and (2) for the conduct of the 110
153+board's affairs and for the examination of applicants for a license. The 111
154+Raised Bill No. 1357
155+
156+
157+
158+LCO No. 4689 5 of 84
159+
160+board shall, after public notice, hold at least one meeting per quarter, in 112
161+each calendar year, for the purpose of considering applications for 113
162+licenses and for the transaction of other business. Any person aggrieved 114
163+by an order made under this chapter may appeal from such order as 115
164+provided in section 4-183. Appeals under this section shall be privileged 116
165+in respect to the order of trial and assignment. 117
166+Sec. 4. Section 20-290 of the general statutes is repealed and the 118
167+following is substituted in lieu thereof (Effective from passage): 119
168+In order to safeguard life, health and property, no person shall 120
169+practice architecture in this state, except as provided in this chapter, or 121
170+use the title "architect", or display or use any words, terms, letters, 122
171+figures, title, sign, seal, advertisement or other device to indicate that 123
172+such person practices or offers to practice architecture, including, but 124
173+not limited to, the terms "architectural design", "architectural services" 125
174+and "architectural drawings", unless such person has obtained a license 126
175+as provided in this chapter. Nothing in this chapter shall prevent any 127
176+Connecticut corporation in existence prior to 1933, whose charter 128
177+authorizes the practice of architecture, from making plans and 129
178+specifications or supervising the construction of any building, except 130
179+that no such corporation shall issue plans or specifications unless such 131
180+plans or specifications have been signed and sealed by an architect 132
181+licensed under the provisions of this chapter. 133
182+Sec. 5. Section 20-292 of the general statutes is repealed and the 134
183+following is substituted in lieu thereof (Effective from passage): 135
184+(a) Each licensed architect shall renew his or her license annually. 136
185+Pursuant to section 20-289, as amended by this act, a licensee shall pay 137
186+to the department the professional services fee for class F, as defined in 138
187+section 33-182l and shall submit proof of, or attest to, completion of 139
188+continuing professional education requirements. 140
189+(b) Each corporation holding a certificate of authorization for the 141
190+practice of architecture shall renew its certificate of authorization for the 142
191+Raised Bill No. 1357
192+
193+
194+
195+LCO No. 4689 6 of 84
196+
197+practice of architecture each year and pay to the department a renewal 143
198+fee of two hundred twenty dollars. 144
199+(c) An applicant for examination or reexamination under this chapter 145
200+shall pay a nonrefundable fee of seventy-two dollars and an amount 146
201+sufficient to meet the cost of conducting each portion of the examination 147
202+taken by such applicant. The fee for an applicant who qualifies for a 148
203+license, other than by examination, in accordance with the provisions of 149
204+section 20-291, shall be one hundred dollars. 150
205+(d) Pursuant to section 20-289, as amended by this act, an architect 151
206+who is retired and not practicing any aspect of architecture and who is 152
207+(1) sixty-five years of age or older, or (2) has been licensed for a 153
208+minimum of ten years in this state, may apply for registration as an 154
209+Architect Emeritus. The fee for such registration shall be ten dollars. An 155
210+Architect Emeritus may not engage in the practice of architecture 156
211+without applying for and receiving an architect license. 157
212+(e) (1) [For] Except as provided in subdivisions (2) to (4), inclusive, of 158
213+this subsection, for renewal of a license under this section, other than 159
214+under subsection (d) of this section, an applicant shall submit proof or 160
215+attest that he or she has completed twelve hours of continuing 161
216+professional education during the continuing professional education 162
217+period. The continuing professional education period shall commence 163
218+three calendar months prior to the license expiration date and shall run 164
219+for a period of twelve months from the date of commencement. 165
220+(2) No licensed architect shall be required to comply with the 166
221+continuing professional education requirements established in this 167
222+section until after the licensed architect's first license renewal. 168
223+(3) No architect who is registered as an Architect Emeritus in the 169
224+manner set forth in subsection (d) of this section shall be subject to the 170
225+continuing professional education requirements established in this 171
226+section. 172
227+Raised Bill No. 1357
228+
229+
230+
231+LCO No. 4689 7 of 84
232+
233+(4) (A) The board may, in the board's discretion, excuse a licensed 173
234+architect from the continuing professional education requirements 174
235+established in this section for reasons of health, military service or other 175
236+individual hardship, provided (i) the licensed architect otherwise 176
237+satisfies all requirements to renew such licensed architect's license, and 177
238+(ii) the board issues its decision to excuse the licensed architect from 178
239+such continuing professional education requirements in writing. 179
240+(B) A written decision issued by the board pursuant to subparagraph 180
241+(A) of this subdivision shall be a final decision and not appealable to the 181
242+department. 182
243+(f) (1) For renewal of a license under this section, the department shall 183
244+charge the following fees for failure to earn continuing professional 184
245+education credits by the end of the continuing professional education 185
246+period: 186
247+(A) Three hundred fifteen dollars for reporting on a renewal 187
248+application that any of the minimum of twelve hours of continuing 188
249+professional education was earned up to thirteen weeks following the 189
250+end of the continuing professional education period; and 190
251+(B) Six hundred twenty-five dollars for reporting on a renewal 191
252+application that any of the minimum of twelve hours of continuing 192
253+professional education was earned for more than thirteen weeks and up 193
254+to twenty-six weeks following the end of the continuing professional 194
255+education period. 195
256+(2) Failure, on the part of a licensee under this section to comply with 196
257+the continuing professional education requirements for more than 197
258+twenty-six weeks beyond the continuing professional education period 198
259+may result in the imposition of a civil penalty in an amount not to exceed 199
260+one thousand dollars, or in the suspension, revocation or refusal to 200
261+renew the licensee's license, by the board or department [,] following an 201
262+administrative hearing held pursuant to chapter 54. 202
263+Raised Bill No. 1357
264+
265+
266+
267+LCO No. 4689 8 of 84
268+
269+Sec. 6. Section 20-298 of the general statutes is repealed and the 203
270+following is substituted in lieu thereof (Effective from passage): 204
271+(a) The following activities are exempted from the provisions of this 205
272+chapter: (1) The practice of engineering by a professional engineer 206
273+licensed under the provisions of chapter 391, and the performance by 207
274+such professional engineer of architectural work for which such 208
275+professional engineer is qualified by education and experience and 209
276+which is incidental to such professional engineer's engineering work; (2) 210
277+the construction or alteration of a residential building to provide 211
278+dwelling space for not more than two families, or of a private garage or 212
279+other accessory building intended for use with such residential 213
280+building, or of any farm building or structure for agricultural use; (3) 214
281+the preparation of details and shop drawings by persons other than 215
282+architects, for use in execution of the work of such persons, when 216
283+buildings are designed in accordance with the requirements of this 217
284+chapter; (4) the activities of employees of architects licensed in this state 218
285+acting under the instructions, control or supervision of their employers; 219
286+(5) the superintendence by builders, or properly qualified 220
287+superintendents employed by such builders, of the construction or 221
288+structural alteration of buildings or structures; (6) the activities of 222
289+officers and employees of any public utility corporation whose 223
290+operations are under the jurisdiction of the Public Utilities Regulatory 224
291+Authority; (7) the activities of officers and employees of the government 225
292+of the United States while engaged in this state in the practice of 226
293+architecture for said government; and (8) the making of plans and 227
294+specifications for or supervising the erection of any building, any 228
295+building addition or any alteration to an existing building, where the 229
296+building, including any addition, contains less than five thousand 230
297+square feet total area, provided (A) this subdivision shall not be 231
298+construed to exempt from the provisions of this chapter buildings of less 232
299+than five thousand square feet total area of the use groups as defined in 233
300+the State Building Code as follows: Assembly, educational, institutional, 234
301+high hazard, transient residential, which includes hotels, motels, 235
302+Raised Bill No. 1357
303+
304+
305+
306+LCO No. 4689 9 of 84
307+
308+rooming or boarding houses, dormitories and similar buildings, and (B) 236
309+the area specified in this subdivision is to be calculated from the exterior 237
310+dimensions of the outside walls of the building and shall include all 238
311+occupiable floors or levels. 239
312+(b) No person claiming an exemption under subsection (a) of this 240
313+section shall use the title "architect", or display or use any words, terms, 241
314+letters, figures, title, sign, seal, advertisement or other device to indicate 242
315+or imply that such person practices or offers to practice architecture, 243
316+including, but not limited to, the terms "architectural design", 244
317+"architectural services" and "architectural drawings", unless such person 245
318+has obtained a license as provided in this chapter. 246
319+(c) A person claiming an exemption under subdivisions (1) to (6), 247
320+inclusive, of subsection (a) of this section or subdivision (8) of said 248
321+subsection (a) of this section who has not obtained a license as provided 249
322+in this chapter shall clearly and conspicuously include the words "NOT 250
323+A LICENSED ARCHITECT " on all contracts, advertisements, 251
324+promotional materials, plans and specifications. 252
325+Sec. 7. Subsection (c) of section 20-314 of the general statutes is 253
326+repealed and the following is substituted in lieu thereof (Effective July 1, 254
327+2025): 255
328+(c) In order to determine the competency of any applicant for a real 256
329+estate licensee's license, the commission or Commissioner of Consumer 257
330+Protection shall, on payment of an application fee of one hundred 258
331+twenty dollars by an applicant for a real estate broker's license or an 259
332+application fee of eighty dollars by an applicant for a real estate 260
333+salesperson's license, subject such applicant to personal written 261
334+examination as to the applicant's competency to act as a real estate 262
335+broker or real estate salesperson, as the case may be. Each examination 263
336+shall be prepared by the department or by a national testing service 264
337+designated by the commissioner and shall be administered to applicants 265
338+by the department or by such testing service at such times and places as 266
339+Raised Bill No. 1357
340+
341+
342+
343+LCO No. 4689 10 of 84
344+
345+the commissioner may deem necessary. The commission or 267
346+commissioner may waive the uniform portion of the written 268
347+examination requirement in the case of an applicant who has taken the 269
348+national testing service examination in another state within two years 270
349+from the date of application and has received a score deemed 271
350+satisfactory by the commission or commissioner. An applicant shall 272
351+submit evidence of the applicant's successful completion of the required 273
352+written examination, which successful completion shall occur not later 274
353+than two years after the date of application unless the commission, in 275
354+the commission's discretion, grants a hardship extension to the 276
355+applicant. The commissioner shall adopt regulations, in accordance 277
356+with chapter 54, establishing passing scores for examinations. In 278
357+addition to such application fee, applicants taking the examination 279
358+administered by a national testing service shall be required to pay 280
359+directly to such testing service an examination fee covering the cost of 281
360+such examination. Each payment of such application fee shall entitle the 282
361+applicant to take such examination within the one-year period from the 283
362+date of payment. 284
363+Sec. 8. Section 20-324e of the general statutes is repealed and the 285
364+following is substituted in lieu thereof (Effective from passage): 286
365+[(a) When any aggrieved person commences any action for a 287
366+judgment which may result in collection from the Real Estate Guaranty 288
367+Fund, the aggrieved person shall notify the commission or department 289
368+in writing to this effect at the time of the commencement of such action. 290
369+Such written notice shall toll the time for making application to the 291
370+commission pursuant to section 20-324d. The commission or 292
371+department shall have the right to enter an appearance, intervene in or 293
372+defend any such action and may waive the required written notice for 294
373+good cause shown.] 295
374+[(b)] (a) When any aggrieved person [recovers a valid judgment in 296
375+the Superior Court] obtains a binding arbitration decision or a court 297
376+judgment, order or decree against any real estate licensee or the 298
377+Raised Bill No. 1357
378+
379+
380+
381+LCO No. 4689 11 of 84
382+
383+unlicensed employee of any such real estate licensee for loss or damages 299
384+sustained by reason of the embezzlement of money or property, or 300
385+money or property unlawfully obtained from any person by false 301
386+pretenses, artifice or forgery or by reason of any fraud, 302
387+misrepresentation or deceit by or on the part of such real estate licensee 303
388+or the unlicensed employee of any such real estate [broker] licensee, 304
389+such aggrieved person may upon the final determination of, or 305
390+expiration of time for appeal in connection with, any decision, 306
391+judgment, order or decree, apply to the [commission] department for an 307
392+order directing payment out of the Real Estate Guaranty Fund of the 308
393+amount unpaid upon the decision, judgment, order or decree, subject to 309
394+the limitations stated in section 20-324a and the limitations specified in 310
395+this section. 311
396+[(c)] (b) The [commission] department shall proceed upon such 312
397+application in a summary manner, and [, upon the hearing thereof,] the 313
398+aggrieved person shall be required to show that: (1) Such aggrieved 314
399+person is not a spouse of the debtor or the personal representative of 315
400+such spouse; (2) such aggrieved person has complied with all the 316
401+requirements of this section; (3) such aggrieved person has obtained a 317
402+decision, judgment, order or decree as provided in subsection [(b)] (a) 318
403+of this section, stating the amount thereof and the amount owing 319
404+thereon at the date of the application; (4) such aggrieved person has 320
405+caused to be issued a writ of execution upon the decision, judgment, 321
406+order or decree and the officer executing the same has made a return 322
407+showing that no personal or real property of the [judgment] debtor 323
408+liable to be levied upon in satisfaction of the decision, judgment, order 324
409+or decree could be found, or that the amount realized on the sale of them 325
410+or of such of them as were found, under the execution, was insufficient 326
411+to satisfy the decision, judgment, order or decree, stating the amount so 327
412+realized and the balance remaining due on the decision, judgment, order 328
413+or decree after application thereon of the amount realized; (5) such 329
414+aggrieved person has made all reasonable searches and inquiries to 330
415+ascertain whether the [judgment debtor] real estate licensee or 331
416+Raised Bill No. 1357
417+
418+
419+
420+LCO No. 4689 12 of 84
421+
422+unlicensed employee of a real estate licensee possesses real or personal 332
423+property or other assets, liable to be sold or applied in satisfaction of the 333
424+decision, judgment, order or decree; and (6) that by such search such 334
425+aggrieved person has discovered no personal or real property or other 335
426+assets liable to be sold or applied, or that such aggrieved person has 336
427+discovered certain of them, describing them, owned by the [judgment 337
428+debtor] real estate licensee or unlicensed employee of a real estate 338
429+licensee and liable to be so applied, and that such aggrieved person has 339
430+taken all necessary action and proceedings for the realization thereof, 340
431+and that the amount thereby realized was insufficient to satisfy the 341
432+decision, judgment, order or decree, stating the amount so realized and 342
433+the balance remaining due on the decision, judgment, order or decree 343
434+after application of the amount realized. 344
435+[(d)] (c) Whenever the aggrieved person satisfies the [commission] 345
436+department that it is not practicable to comply with one or more of the 346
437+requirements enumerated in subdivisions (4), (5) and (6) of subsection 347
438+[(c)] (b) of this section and that such aggrieved person has taken all 348
439+reasonable steps to collect the amount of the decision, judgment, order 349
440+or decree or the unsatisfied part thereof and has been unable to collect 350
441+the same, the [commission] department may in its discretion waive such 351
442+requirements. 352
443+[(e)] (d) The [commission] department shall order payment from the 353
444+Real Estate Guaranty Fund of any sum it shall find to be payable upon 354
445+the claim, pursuant to the provisions of and in accordance with the 355
446+limitations contained in this section and section 20-324a, if the 356
447+[commission] department is satisfied [, upon the hearing,] of the truth 357
448+of all matters required to be shown by the aggrieved person by 358
449+subsection [(c)] (b) of this section and that such aggrieved person has 359
450+fully pursued and exhausted all remedies available to such aggrieved 360
451+person for recovering the amount awarded by the decision, judgment, 361
452+[of the court] order or decree. 362
453+[(f)] (e) If the [commission] department pays from the Real Estate 363
454+Raised Bill No. 1357
455+
456+
457+
458+LCO No. 4689 13 of 84
459+
460+Guaranty Fund any amount in settlement of a claim or toward 364
461+satisfaction of a decision, judgment, order or decree against a real estate 365
462+licensee or an unlicensed employee of a real estate licensee pursuant to 366
463+an order under subsection [(e)] (d) of this section, such [real estate 367
464+licensee] person shall not be eligible to receive a new license until such 368
465+[real estate licensee] person has repaid in full, plus interest at [a] the rate 369
466+[to be determined by the commission and which shall reflect current 370
467+market rates, the amount paid from the fund on such real estate 371
468+licensee's account] of ten per cent per year. A discharge in bankruptcy 372
469+shall not relieve a person from the penalties and disabilities provided in 373
470+this subsection. 374
471+[(g)] (f) If, at any time, the money deposited in the Real Estate 375
472+Guaranty Fund is insufficient to satisfy any duly authorized claim or 376
473+portion thereof, the [commission] department shall, when sufficient 377
474+money has been deposited in the fund, satisfy such unpaid claims or 378
475+portions thereof, in the order that such claims or portions thereof were 379
476+originally filed, plus accumulated interest at the rate of four per cent a 380
477+year. 381
478+Sec. 9. Subsection (b) of section 20-333 of the general statutes is 382
479+repealed and the following is substituted in lieu thereof (Effective from 383
480+passage): 384
481+(b) The department shall conduct such written, oral and practical 385
482+examinations as the appropriate board, with the consent of the 386
483+commissioner, deems necessary to test the knowledge of the applicant 387
484+in the work for which a license is being sought. The department shall 388
485+allow any applicant, who has not participated in [an] a registered 389
486+apprenticeship program, as set forth in section 31-22r, but either 390
487+presents a recommendation for review issued pursuant to section 31-391
488+22u [,] or demonstrates to the department, in consultation with the 392
489+applicable board, equivalent experience and training, to sit for any such 393
490+examination. Any person completing the required apprentice training 394
491+program for a journeyman's license under section 20-334a shall, [within] 395
492+Raised Bill No. 1357
493+
494+
495+
496+LCO No. 4689 14 of 84
497+
498+not later than thirty days [following such completion] after completing 396
499+such program, apply for a licensure examination given by the 397
500+department or a person authorized by the department to give such 398
501+examination. If an applicant does not pass such licensure examination, 399
502+the commissioner shall provide each failed applicant with information 400
503+on how to retake the examination and a report describing the applicant's 401
504+strengths and weaknesses in such examination. Any apprentice permit 402
505+issued under section 20-334a to an applicant who fails three licensure 403
506+examinations in any one-year period shall remain in effect if such 404
507+applicant applies for and takes the first licensure examination given by 405
508+the department following the one-year period [from] beginning on the 406
509+date of such applicant's third and last unsuccessful licensure 407
510+examination. Otherwise, such permit shall be revoked as of the date of 408
511+the first examination given by the department following expiration of 409
512+such one-year period. An applicant shall submit evidence of successful 410
513+completion of the applicant's final licensure examination, which 411
514+successful completion shall occur not later than two years after the date 412
515+of the relevant licensure application, unless the appropriate board 413
516+grants a hardship extension of such two-year period. 414
517+Sec. 10. Section 20-341 of the general statutes is repealed and the 415
518+following is substituted in lieu thereof (Effective October 1, 2025): 416
519+(a) (1) Any person who wilfully engages in or practices the work or 417
520+occupation for which a license is required by this chapter or chapter 418
521+399b without having first obtained an apprentice permit or a certificate 419
522+and license for such work, as applicable, or who wilfully employs or 420
523+supplies for employment a person who does not have a certificate and 421
524+license for such work, or who wilfully and falsely pretends to qualify to 422
525+engage in or practice such work or occupation, including, but not 423
526+limited to, offering to perform such work in any print, electronic, 424
527+television or radio advertising or listing when such person does not hold 425
528+a license for such work as required by this chapter, or who wilfully 426
529+engages in or practices any of the work or occupations for which a 427
530+license is required by this chapter after the expiration of such person's 428
531+Raised Bill No. 1357
532+
533+
534+
535+LCO No. 4689 15 of 84
536+
537+license, shall be guilty of a class B misdemeanor, except that no criminal 429
538+charges shall be instituted against such person pursuant to this 430
539+[subsection] subdivision unless the work activity in question is 431
540+reviewed by the Commissioner of Consumer Protection, or the 432
541+commissioner's authorized agent, and the commissioner or such agent 433
542+specifically determines, in writing, that such work activity requires a 434
543+license and is not the subject of a bona fide dispute between persons 435
544+engaged in any trade or craft, whether licensed or unlicensed. 436
545+Notwithstanding the provisions of subsection (d) or (e) of section 53a-437
546+29 and subsection (d) of section 54-56e, if the court determines that such 438
547+person cannot fully repay any victims of such person within the period 439
548+of probation established in subsection (d) or (e) of section 53a-29 or 440
549+subsection (d) of section 54-56e, the court may impose probation for a 441
550+period of not more than five years. The penalty provided in this 442
551+[subsection] subdivision shall be in addition to any other penalties and 443
552+remedies available under this chapter or chapter 416. 444
553+[(b)] (2) The Commissioner of Consumer Protection may order any 445
554+person who is not registered as an apprenticeship sponsor with the 446
555+Labor Department and who advertises, offers, engages in or practices 447
556+the work of a program of apprenticeship training for the purpose of 448
557+providing the experience necessary to obtain a journeyperson's license 449
558+under this chapter without first registering such program with the 450
559+Labor Department pursuant to sections 31-22m to 31-22v, inclusive, to 451
560+immediately cease and desist such advertising, offer, engagement or 452
561+practice until such person and program are properly registered with the 453
562+Labor Department pursuant to sections 31-22m to 31-22v, inclusive. The 454
563+Commissioner of Consumer Protection may, after a hearing held in 455
564+accordance with chapter 54, impose a fine in an amount not to exceed 456
565+five thousand dollars for each violation of this [subsection] subdivision. 457
566+[(c)] (3) The Commissioner of Consumer Protection may order any 458
567+person who is registered as an apprenticeship sponsor with the Labor 459
568+Department to provide a program of apprenticeship training pursuant 460
569+to sections 31-22m to 31-22v, inclusive, for the purpose of providing the 461
570+Raised Bill No. 1357
571+
572+
573+
574+LCO No. 4689 16 of 84
575+
576+experience necessary to obtain a journeyperson's license under this 462
577+chapter and who employs an individual as an apprentice without first 463
578+verifying that such individual is registered as an apprentice under this 464
579+chapter to immediately cease and desist any conduct for which an 465
580+apprenticeship registration is required under this chapter. The 466
581+commissioner may, after a hearing held in accordance with chapter 54, 467
582+impose a fine in an amount not to exceed five thousand dollars for each 468
583+violation of this [subsection] subdivision. 469
584+[(d)] (4) The appropriate examining board or the Commissioner of 470
585+Consumer Protection may, after notice and a hearing conducted in 471
586+accordance with chapter 54, impose a civil penalty for each violation on 472
587+any person who [(1)] (A) engages in or practices the work or occupation 473
588+for which a license or apprentice registration certificate is required by 474
589+this chapter, chapter 394, chapter 399b or chapter 482 without having 475
590+first obtained such a license or certificate, [or (2)] (B) wilfully employs 476
591+or supplies for employment a person who does not have such a license 477
592+or certificate or who wilfully and falsely pretends to qualify to engage 478
593+in or practice such work or occupation, [or (3)] (C) engages in or 479
594+practices any of the work or occupations for which a license or certificate 480
595+is required by this chapter, chapter 394, chapter 399b or chapter 482 after 481
596+the expiration of the license or certificate, or [(4)] (D) violates any of the 482
597+provisions of this chapter, chapter 394, chapter 399b or chapter 482 or 483
598+the regulations adopted pursuant thereto. Such penalty shall be in an 484
599+amount not to exceed three thousand dollars for each violation of this 485
600+[subsection] subdivision, except that any individual employed as an 486
601+apprentice but improperly registered shall not be penalized for a first 487
602+offense. 488
603+[(e)] (5) If an examining board or the Commissioner of Consumer 489
604+Protection imposes a civil penalty under the provisions of [subsection 490
605+(d) of this section] subdivision (4) of this subsection as a result of a 491
606+violation initially reported by a municipal building official in 492
607+accordance with subsection (c) of section 29-261, the commissioner shall, 493
608+not less than sixty days after collecting such civil penalty, remit one-half 494
609+Raised Bill No. 1357
610+
611+
612+
613+LCO No. 4689 17 of 84
614+
615+of the amount collected to such municipality. 495
616+[(f)] (6) A violation of any of the provisions of this chapter shall be 496
617+deemed an unfair or deceptive trade practice under subsection (a) of 497
618+section 42-110b. 498
619+[(g)] (7) This section shall not apply to any person who [(1)] (A) holds 499
620+a license issued under this chapter, chapter 394, chapter 399b or chapter 500
621+482 and performs work that is incidentally, directly and immediately 501
622+appropriate to the performance of such person's trade where such work 502
623+commences at an outlet, receptacle or connection previously installed 503
624+by a person holding the proper license, or [(2)] (B) engages in work that 504
625+does not require a license under this chapter, chapter 394, chapter 399b 505
626+or chapter 482. 506
627+(b) (1) The Department of Consumer Protection may issue a notice of 507
628+violation against a person following an inspection of any place or 508
629+premises, performed in accordance with section 21a-11, as amended by 509
630+this act, where the department discovers one or more of the following 510
631+violations: (A) Offering or performing work that requires a license 511
632+under this chapter without the appropriate license, in violation of 512
633+section 20-334, (B) failure to comply with the allowable hiring ratios set 513
634+forth in section 20-332b, (C) failure to obtain an apprentice registration 514
635+certificate for one or more persons as required by applicable law, or (D) 515
636+failure to obtain a permit as required by applicable law. 516
637+(2) (A) If the Department of Consumer Protection determines that a 517
638+person has failed to correct all violations for which a notice of violation 518
639+was issued pursuant to subdivision (1) of this subsection, the 519
640+department may issue a stop work order against such person requiring 520
641+the cessation of the practice of the trade or occupation for which a license 521
642+is required under this chapter, at the place or premises where the 522
643+violation was found, as set forth in the notice of violation. Such stop 523
644+work order shall be effective when served upon such person by (i) 524
645+personal service, (ii) delivery by United States mail with delivery 525
646+Raised Bill No. 1357
647+
648+
649+
650+LCO No. 4689 18 of 84
651+
652+tracking, (iii) delivery by electronic mail with tracking and delivery 526
653+confirmation, or (iv) posting notice of the stop work order in a 527
654+conspicuous location at the place or premises subject to such stop work 528
655+order. 529
656+(B) A stop work order served in the manner set forth in subparagraph 530
657+(A) of this subdivision shall remain in effect until the department (i) 531
658+determines that the person against whom the department issued the 532
659+stop work order has come into compliance with the requirements set 533
660+forth in the notice of violation issued pursuant to subdivision (1) of this 534
661+subsection, and (ii) issues an order releasing such stop work order (I) 535
662+after a hearing decision rendered in accordance with subdivision (4) of 536
663+this subsection, or (II) after a decision rendered by the commissioner or 537
664+the commissioner's authorized representative pursuant to subdivision 538
665+(5) of this subsection. 539
666+(3) If a person fails to comply with a stop work order following 540
667+service made in accordance with the provisions of subdivision (2) of this 541
668+subsection, the Department of Consumer Protection may impose on 542
669+such person a fine in an amount not to exceed five hundred dollars per 543
670+violation per day after such stop work order was served. Such fine shall 544
671+be effective upon written notice to the person who failed to comply with 545
672+the stop work order and payment of such fine shall be due to the 546
673+department not later than fifteen days after such person receives such 547
674+written notice. Any fine for failure to comply with a stop work order 548
675+shall be deposited in the consumer protection enforcement account 549
676+established in section 21a-8a. 550
677+(4) Any person who holds a license issued by the Department of 551
678+Consumer Protection pursuant to this chapter and has been served with 552
679+a stop work order pursuant to subdivision (2) of this subsection may 553
680+request an administrative hearing to contest such stop work order and 554
681+any associated fine imposed on such person pursuant to subdivision (3) 555
682+of this subsection. Such request shall be made in writing to the 556
683+commissioner or the commissioner's authorized representative not 557
684+Raised Bill No. 1357
685+
686+
687+
688+LCO No. 4689 19 of 84
689+
690+more than fifteen days after such person was served with such stop 558
691+work order. Such hearing shall be conducted in accordance with the 559
692+provisions of chapter 54. No request for an administrative hearing made 560
693+pursuant to this subdivision shall operate to toll the stop work order or 561
694+any fine associated with such stop work order unless so ordered by the 562
695+commissioner or the commissioner's authorized representative. 563
696+(5) (A) Any person who does not hold a license issued by the 564
697+Department of Consumer Protection pursuant to this chapter and has 565
698+been served with a stop work order pursuant to subdivision (2) of this 566
699+subsection may submit a petition to the commissioner or the 567
700+commissioner's authorized representative to lift the stop work order on 568
701+the ground that (i) an error of fact or law should be corrected, (ii) new 569
702+evidence has been discovered (I) which materially affects the merits of 570
703+such stop work order, and (II) which for good reasons was not presented 571
704+to the department upon such person's receipt of the notice of violation, 572
705+or (iii) other good cause has been shown. 573
706+(B) A petition submitted pursuant to subparagraph (A) of this 574
707+subdivision shall be submitted in writing not later than fifteen days after 575
708+the person was served with a stop work order pursuant to subdivision 576
709+(2) of this subsection. Such petition shall not operate to toll such stop 577
710+work order or any associated fine imposed on such person pursuant to 578
711+subdivision (3) of this subsection unless so ordered by the commissioner 579
712+or the commissioner's authorized representative. The decision of the 580
713+commissioner or the commissioner's authorized representative on such 581
714+petition, or the failure by the commissioner or the commissioner's 582
715+authorized representative to render a decision within the fifteen-day 583
716+period beginning on the date on which the commissioner or the 584
717+commissioner's authorized representative received such petition, shall 585
718+constitute a final decision for purposes of chapter 54 and the person may 586
719+appeal therefrom in accordance with section 4-183. 587
720+(6) The commissioner or the commissioner's authorized 588
721+representative may apply to the Superior Court, which court, after a 589
722+Raised Bill No. 1357
723+
724+
725+
726+LCO No. 4689 20 of 84
727+
728+hearing thereon, may issue (A) a temporary restraining order, 590
729+temporary injunction or permanent injunction ordering compliance 591
730+with a stop work order issued and served pursuant to subdivision (2) of 592
731+this subsection, and (B) such other relief as may be required until the 593
732+person obeys the stop work order. Any disobedience of an order issued 594
733+by a court under this subdivision shall be punishable as a contempt 595
734+thereof. Such application for a temporary restraining order, temporary 596
735+injunction, permanent injunction and for such other relief shall be 597
736+brought, and the proceedings thereon conducted, by the Attorney 598
737+General. 599
738+Sec. 11. Subsection (b) of section 20-341gg of the general statutes is 600
739+repealed and the following is substituted in lieu thereof (Effective July 1, 601
740+2025): 602
741+(b) No person shall engage in or offer to perform the work of any 603
742+major contractor in this state on any proposed structure or existing 604
743+structure or addition that exceeds the threshold limits contained in 605
744+section 29-276b unless such person has first obtained a license or 606
745+certificate of registration as required under the provisions of chapter 539 607
746+or a registration from the Department of Consumer Protection in 608
747+accordance with the provisions of this section. Individuals licensed 609
748+under chapter 393 shall be exempt from the provisions of this chapter 610
749+while engaging in work that they are licensed to perform. The 611
750+[department] Department of Consumer Protection shall issue a 612
751+certificate of registration to any person who demonstrates to the 613
752+Department of Consumer Protection that such person is prequalified as 614
753+a contractor or substantial subcontractor by the Department of 615
754+Administrative Services pursuant to section 4a-100. [who applies for 616
755+registration in accordance with this section. Such prequalified person 617
756+shall not be required to pay a fee for such registration at any time that 618
757+the person maintains valid prequalification.] Any person who 619
758+demonstrates to the Department of Consumer Protection that such 620
759+person is prequalified as a contractor or substantial subcontractor 621
760+pursuant to section 4a-100 shall be issued a certificate of registration as 622
761+Raised Bill No. 1357
762+
763+
764+
765+LCO No. 4689 21 of 84
766+
767+a major contractor, and shall not be required to pay any fee for such 623
768+registration or submit any additional proof that such person is qualified 624
769+for such registration. If the individual or the firm, company, partnership 625
770+or corporation employing such individual is engaged in work on a 626
771+structure or addition that exceeds the threshold limits contained in 627
772+section 29-276b and requires licensure under chapter 393, the firm, 628
773+company, partnership or corporation shall be exempt from the 629
774+provisions of this chapter concerning registration of major contractors, 630
775+if the firm, company, partnership or corporation employs an individual 631
776+who is licensed as a contractor under chapter 393 to perform such work. 632
777+The department shall furnish to each qualified applicant a registration 633
778+certifying that the holder of such registration is entitled to engage in the 634
779+work for which the person has been issued a registration under this 635
780+subsection, and the holder of such registration shall carry [it] such 636
781+registration on his or her person while engaging in such work. Such 637
782+registration shall be shown to any properly interested person upon 638
783+request. No such registration shall be transferred to or used by any 639
784+person other than the person to whom the registration was issued. The 640
785+department shall maintain rosters of registrants and shall update such 641
786+rosters annually. The department may provide copies of rosters to the 642
787+public for an appropriate fee. The department may deny, suspend or 643
788+revoke any registration issued by the department if the holder of such 644
789+registration (1) is convicted of a felony, provided any action taken is 645
790+based upon (A) the nature of the conviction and its relationship to the 646
791+registration holder's ability to safely or competently perform the work 647
792+under such registration, (B) information pertaining to the degree of 648
793+rehabilitation of the registration holder, and (C) the time elapsed since 649
794+the conviction or release, (2) is grossly incompetent, (3) is disqualified, 650
795+pursuant to section 4a-100 or whose prequalification certificate has been 651
796+revoked pursuant to section 4a-100, (4) engages in malpractice or 652
797+unethical conduct or knowingly makes false, misleading or deceptive 653
798+representations regarding his work, or (5) violates any regulation 654
799+adopted under subsection (c) of this section. Before any registration is 655
800+suspended or revoked, such holder shall be given notice and an 656
801+Raised Bill No. 1357
802+
803+
804+
805+LCO No. 4689 22 of 84
806+
807+opportunity for hearing as provided in regulations adopted under 657
808+subsection (c) of this section. The Commissioner of Consumer Protection 658
809+shall provide written notice of any suspension or revocation of a 659
810+registration to the Commissioner of Administrative Services not later 660
811+than ten days after such suspension or revocation. 661
812+Sec. 12. Section 20-417a of the general statutes is repealed and the 662
813+following is substituted in lieu thereof (Effective from passage): 663
814+As used in this section and sections 20-417b to 20-417j, inclusive: 664
815+(1) "Certificate" means a certificate of registration issued under 665
816+section 20-417b; 666
817+(2) "Commissioner" means the Commissioner of Consumer 667
818+Protection or any person designated by the commissioner to administer 668
819+and enforce this section and sections 20-417b to 20-417j, inclusive; 669
820+(3) "Completion" means the stage of construction of a new home in 670
821+which the new home construction contractor is in receipt of the 671
822+certificate of occupancy for such new home issued by the municipality 672
823+in which such new home is constructed; 673
824+(4) "Consumer" means (A) the buyer or prospective buyer, or the heir 674
825+or designated representative of the buyer or prospective buyer, of any 675
826+new home, and (B) the owner of property on which a new home is being 676
827+or will be constructed, regardless of whether such owner obtains a 677
828+building permit as the owner of premises affected pursuant to section 678
829+29-263; 679
830+[(3)] (5) "Contract" means any agreement between a new home 680
831+construction contractor and a consumer for the construction or sale of a 681
832+new home or any portion of a new home prior to occupancy; 682
833+[(4)] (6) "Engage in the business" means that the person engages in 683
834+the business for the purpose of compensation or profit; 684
835+Raised Bill No. 1357
836+
837+
838+
839+LCO No. 4689 23 of 84
840+
841+(7) "New home" means any newly constructed (A) single-family 685
842+dwelling unit, (B) dwelling consisting of not more than two units, (C) 686
843+unit, common element or limited common element in a condominium, 687
844+as said terms are defined in section 47-68a, or (D) unit, common element 688
845+or limited common element in a common interest community, as said 689
846+terms are defined in section 47-202; 690
847+[(5)] (8) "New home construction contractor" means any person who 691
848+contracts with a consumer to construct or sell a new home or any portion 692
849+of a new home prior to occupancy; 693
850+[(6) "New home" means any newly constructed (A) single-family 694
851+dwelling unit, (B) dwelling consisting of not more than two units, or (C) 695
852+unit, common element or limited common element in a condominium, 696
853+as defined in section 47-68a, or in a common interest community, as 697
854+defined in section 47-202;] 698
855+[(7)] (9) "Person" means one or more individuals, partnerships, 699
856+associations, corporations, limited liability companies, business trusts, 700
857+legal representatives or any organized group of persons; and 701
858+[(8) "Consumer" means the buyer or prospective buyer, or the buyer's 702
859+or prospective buyer's heirs or designated representatives, of any new 703
860+home or the owner of property on which a new home is being or will be 704
861+constructed regardless of whether such owner obtains a building permit 705
862+as the owner of the premises affected pursuant to section 29-263; and 706
863+(9) "Completion" means the stage of construction of a new home in 707
864+which the new home construction contractor is in receipt of the 708
865+certificate of occupancy for such new home issued by the municipality 709
866+in which such new home is constructed.] 710
867+(10) "Proprietor" means an individual who (A) has an ownership 711
868+interest in a business entity that holds, or previously held, a certificate 712
869+of registration issued under section 20-417b, and (B) has been found by 713
870+a court of competent jurisdiction to have violated any provision of this 714
871+Raised Bill No. 1357
872+
873+
874+
875+LCO No. 4689 24 of 84
876+
877+chapter related to the conduct of a business entity that (i) holds a 715
878+certificate of registration issued under section 20-417b, or (ii) held a 716
879+certificate of registration issued under section 20-417b during the two-717
880+year period beginning on the date such business entity entered into a 718
881+contract with a consumer who was harmed by the actions of such 719
882+individual or business entity. 720
883+Sec. 13. Subsections (d) to (n), inclusive, of section 20-417i of the 721
884+general statutes are repealed and the following is substituted in lieu 722
885+thereof (Effective from passage): 723
886+(d) Whenever a consumer obtains a binding arbitration decision, a 724
887+court judgment, order or decree against or regarding any new home 725
888+construction contractor holding a certificate or who has held a certificate 726
889+under sections 20-417a to 20-417j, inclusive, as amended by this act, or 727
890+against a proprietor, within two years of the date [of entering] such 728
891+contractor entered into the contract with the consumer, for loss or 729
892+damages sustained by reason of any violation of the provisions of 730
893+sections 20-417a to 20-417j, inclusive, as amended by this act, by a person 731
894+holding a certificate under said sections, such consumer may, upon the 732
895+final determination of, or expiration of time for taking, an appeal in 733
896+connection with any such decision, judgment, order or decree, apply to 734
897+the commissioner for an order directing payment out of the New Home 735
898+Construction Guaranty Fund of the amount, not exceeding [thirty] fifty 736
899+thousand dollars, unpaid upon the decision, judgment, order or decree 737
900+for actual damages and costs taxed by the court against such contractor 738
901+or proprietor, exclusive of punitive damages. The application shall be 739
902+made on forms provided by the commissioner and shall be 740
903+accompanied by a copy of the decision, court judgment, order or decree 741
904+obtained against the new home construction contractor or proprietor 742
905+together with a statement signed and sworn to by the consumer, 743
906+affirming that the consumer has: (1) Complied with all the requirements 744
907+of this subsection; (2) obtained a decision, judgment, order or decree 745
908+stating the amount of the decision, judgment, order or decree and the 746
909+amount owing on the decision, judgment, order or decree at the date of 747
910+Raised Bill No. 1357
911+
912+
913+
914+LCO No. 4689 25 of 84
915+
916+application; and (3) made a good faith effort to satisfy any such decision, 748
917+judgment, order or decree in accordance with the provisions of chapter 749
918+906, which effort may include causing to be issued a writ of execution 750
919+upon such decision, judgment, order or decree, [but] provided the 751
920+officer executing the same has made a return showing that no bank 752
921+accounts or personal property of such contractor liable to be levied upon 753
922+in satisfaction of the decision, judgment, order or decree could be found, 754
923+or that the amount realized on the sale of them or of such of them as 755
924+were found, under the execution, was insufficient to satisfy the actual 756
925+damage portion of the decision, judgment, order or decree or stating the 757
926+amount realized and the balance remaining due on the decision, 758
927+judgment, order or decree after application on the decision, judgment, 759
928+order or decree of the amount realized, except that the requirements of 760
929+this subdivision shall not apply to a judgment, order or decree obtained 761
930+by the consumer in small claims court. A true and attested copy of such 762
931+executing officer's return, when required, shall be attached to such 763
932+application. Whenever the consumer satisfies the commissioner or the 764
933+commissioner's designee that it is not practicable to comply with the 765
934+requirements of subdivision (3) of this subsection and that the consumer 766
935+has taken all reasonable steps to collect the amount of the decision, 767
936+judgment, order or decree or the unsatisfied part of the decision, 768
937+judgment, order or decree and has been unable to collect the same, the 769
938+commissioner or the commissioner's designee may, in the 770
939+commissioner's or the commissioner's designee's discretion, dispense 771
940+with the necessity for complying with such requirement. No application 772
941+for an order directing payment out of the fund shall be made later than 773
942+two years from the final determination of, or expiration of time for 774
943+taking, an appeal of such decision, court judgment, order or decree and 775
944+no such application shall be for an amount in excess of [thirty] fifty 776
945+thousand dollars. 777
946+(e) Upon receipt of such application together with such copy of the 778
947+decision, court judgment, order or decree, statement and, except as 779
948+otherwise provided in subsection (d) of this section, true and attested 780
949+Raised Bill No. 1357
950+
951+
952+
953+LCO No. 4689 26 of 84
954+
955+copy of the executing officer's return, the commissioner or the 781
956+commissioner's designee shall inspect such documents for their veracity 782
957+and upon a determination that such documents are complete and 783
958+authentic and that the consumer has not been paid, the commissioner 784
959+shall order payment out of the New Home Construction Guaranty Fund 785
960+of the amount not exceeding [thirty] fifty thousand dollars unpaid upon 786
961+the decision, judgment, order or decree for actual damages and costs 787
962+taxed by the court against the new home construction contractor or 788
963+proprietor, exclusive of punitive damages. 789
964+(f) (1) [Beginning] During the period beginning October 1, 2000, and 790
965+ending on the date immediately preceding the effective date of this 791
966+section, whenever a consumer is awarded an order of restitution against 792
967+any new home construction contractor for loss or damages sustained as 793
968+a result of any violation of the provisions of sections 20-417a to 20-417j, 794
969+inclusive, as amended by this act, by a person holding a certificate or 795
970+who has held a certificate under said sections within two years of the 796
971+date [of entering] such contractor entered into the contract with the 797
972+consumer, in [(1)] (A) a proceeding brought by the commissioner 798
973+pursuant to subsection [(h)] (i) of this section or subsection (d) of section 799
974+42-110d, as amended by this act, [(2)] (B) a proceeding brought by the 800
975+Attorney General pursuant to subsection (a) of section 42-110m or 801
976+subsection (d) of section 42-110d, as amended by this act, or [(3)] (C) a 802
977+criminal proceeding pursuant to section 20-417e, such consumer may, 803
978+upon the final determination of, or expiration of time for taking, an 804
979+appeal in connection with any such order of restitution, apply to the 805
980+commissioner for an order directing payment out of the New Home 806
981+Construction Guaranty Fund [of the] in an amount not [exceeding 807
982+thirty] to exceed fifty thousand dollars unpaid upon the order of 808
983+restitution. The commissioner may issue such order upon a 809
984+determination that the consumer has not been paid. 810
985+(2) Beginning on the effective date of this section, whenever a 811
986+consumer is awarded an order of restitution against any new home 812
987+construction contractor or proprietor for loss or damages sustained as a 813
988+Raised Bill No. 1357
989+
990+
991+
992+LCO No. 4689 27 of 84
993+
994+result of any violation of the provisions of sections 20-417a to 20-417j, 814
995+inclusive, as amended by this act, by a person holding a certificate or 815
996+who held a certificate under said sections within two years of the date 816
997+such contractor entered into the contract with the consumer, in (A) a 817
998+proceeding brought by the commissioner pursuant to subsection (i) of 818
999+this section or subsection (d) of section 42-110d, as amended by this act, 819
1000+(B) a proceeding brought by the Attorney General pursuant to 820
1001+subsection (a) of section 42-110m or subsection (d) of section 42-110d, as 821
1002+amended by this act, or (C) a criminal proceeding pursuant to section 822
1003+20-417e, such consumer may, upon the final determination of, or 823
1004+expiration of time for taking, an appeal in connection with any such 824
1005+order of restitution, apply to the commissioner for an order directing 825
1006+payment out of the New Home Construction Guaranty Fund in an 826
1007+amount not to exceed fifty thousand dollars unpaid upon the order of 827
1008+restitution. The commissioner may issue such order upon a 828
1009+determination that the consumer has not been paid. 829
1010+(g) Whenever the commissioner orders that payment be made to a 830
1011+consumer out of the New Home Construction Guaranty Fund based on 831
1012+a decision, judgment, order or decree of restitution, the new home 832
1013+construction contractor and the proprietor of such contractor shall be 833
1014+liable for the resulting debt to the fund. 834
1015+[(g)] (h) Before the commissioner may issue any order directing 835
1016+payment out of the New Home Construction Guaranty Fund to a 836
1017+consumer pursuant to subsection (e) or (f) of this section, the 837
1018+commissioner shall first notify the new home construction contractor of 838
1019+the consumer's application for an order directing payment out of the 839
1020+fund and of [the new home construction] such contractor's right to a 840
1021+hearing to contest the disbursement in the event that such contractor or 841
1022+the proprietor of such contractor has already paid the consumer. Such 842
1023+notice shall be given to the new home construction contractor not later 843
1024+than fifteen days after receipt by the commissioner of the consumer's 844
1025+application for an order directing payment out of the fund. If the new 845
1026+home construction contractor requests a hearing, in writing, by certified 846
1027+Raised Bill No. 1357
1028+
1029+
1030+
1031+LCO No. 4689 28 of 84
1032+
1033+mail not later than fifteen days after receiving the notice from the 847
1034+commissioner, the commissioner shall grant such request and shall 848
1035+conduct a hearing in accordance with the provisions of chapter 54. If the 849
1036+commissioner does not receive a written request for a hearing by 850
1037+certified mail from the new home construction contractor on or before 851
1038+the fifteenth day from [the] such contractor's receipt of such notice, the 852
1039+commissioner shall conclude that the consumer has not been paid, and 853
1040+the commissioner shall issue an order directing payment out of the fund 854
1041+for the amount not exceeding [thirty] fifty thousand dollars unpaid 855
1042+upon the judgment, order or decree for actual damages and costs taxed 856
1043+by the court against [the new home construction] such contractor or the 857
1044+proprietor of such contractor, exclusive of punitive damages, or for the 858
1045+amount not exceeding [thirty] fifty thousand dollars unpaid upon the 859
1046+order of restitution. 860
1047+[(h)] (i) The commissioner or the commissioner's designee may 861
1048+proceed against any new home construction contractor holding a 862
1049+certificate or who has held a certificate under sections 20-417a to 20-417j, 863
1050+inclusive, as amended by this act, within two years of the [effective date 864
1051+of entering] date such contractor entered into the contract with the 865
1052+consumer, for an order of restitution arising from loss or damages 866
1053+sustained by any consumer as a result of any violation of the provisions 867
1054+of said sections 20-417a to 20-417j, inclusive, by such contractor or the 868
1055+proprietor of such contractor. Any such proceeding shall be held in 869
1056+accordance with the provisions of chapter 54. In the course of such 870
1057+proceeding, the commissioner or the commissioner's designee shall 871
1058+decide whether to (1) exercise the powers specified in section 20-417c, 872
1059+(2) order restitution arising from loss or damages sustained by any 873
1060+consumer as a result of any violation of the provisions of sections 20-874
1061+417a to 20-417j, inclusive, as amended by this act, and (3) order payment 875
1062+out of the New Home Construction Guaranty Fund. Notwithstanding 876
1063+the provisions of chapter 54, the decision of the commissioner or the 877
1064+commissioner's designee shall be final with respect to any proceeding to 878
1065+order payment out of the fund and the commissioner and the 879
1066+Raised Bill No. 1357
1067+
1068+
1069+
1070+LCO No. 4689 29 of 84
1071+
1072+commissioner's designee shall not be subject to the requirements of 880
1073+chapter 54 as such requirements relate to an appeal from any such 881
1074+decision. The commissioner or the commissioner's designee may hear 882
1075+complaints of all consumers submitting claims against a single new 883
1076+home construction contractor in one proceeding. 884
1077+[(i)] (j) No application for an order directing payment out of the New 885
1078+Home Construction Guaranty Fund shall be made later than two years 886
1079+from the final determination of, or expiration of time for, an appeal in 887
1080+connection with any judgment, order or decree of restitution, and no 888
1081+such application shall be for an amount in excess of [thirty] fifty 889
1082+thousand dollars. 890
1083+[(j)] (k) In order to preserve the integrity of the New Home 891
1084+Construction Guaranty Fund, the commissioner, in the commissioner's 892
1085+sole discretion, may order payment out of the fund of an amount less 893
1086+than the actual loss or damages incurred by the consumer or less than 894
1087+the order of restitution awarded by the commissioner or the Superior 895
1088+Court. In no event shall any payment out of the fund be in excess of 896
1089+[thirty] fifty thousand dollars for any single claim by a consumer. 897
1090+[(k)] (l) If the money deposited in the New Home Construction 898
1091+Guaranty Fund is insufficient to satisfy any duly authorized claim or 899
1092+portion of a claim, the commissioner shall, when sufficient money has 900
1093+been deposited in the fund, satisfy such unpaid claims or portions of 901
1094+claims not exceeding [thirty] fifty thousand dollars, in the order that 902
1095+such claims or portions of claims were originally determined. 903
1096+[(l)] (m) Whenever the commissioner has caused any sum to be paid 904
1097+from the New Home Construction Guaranty Fund to a consumer, the 905
1098+commissioner shall be subrogated to all of the rights of the consumer up 906
1099+to the amount paid plus reasonable interest, and prior to receipt of any 907
1100+payment from the fund, the consumer shall assign all of the consumer's 908
1101+right, title and interest in the claim up to such amount to the 909
1102+commissioner, and any amount and interest recovered by the 910
1103+Raised Bill No. 1357
1104+
1105+
1106+
1107+LCO No. 4689 30 of 84
1108+
1109+commissioner on the claim shall be deposited in the fund. 911
1110+[(m)] (n) If the commissioner orders the payment of any amount as a 912
1111+result of a guaranty fund claim against a new home construction 913
1112+contractor or proprietor, the commissioner shall determine if such 914
1113+contractor is possessed of assets liable to be sold or applied in 915
1114+satisfaction of the claim on the New Home Construction Guaranty 916
1115+Fund. If the commissioner discovers any such assets, the commissioner 917
1116+may request that the Attorney General take any action necessary for the 918
1117+reimbursement of the fund. 919
1118+[(n)] (o) If the commissioner orders the payment of an amount as a 920
1119+result of a guaranty fund claim against a new home construction 921
1120+contractor, the commissioner may, after notice and hearing in 922
1121+accordance with the provisions of chapter 54, revoke the certificate of 923
1122+such contractor and such contractor shall not be eligible to receive a new 924
1123+or renewed certificate until such contractor has repaid such amount in 925
1124+full, plus interest from the time such payment is made from the New 926
1125+Home Construction Guaranty Fund, at a rate to be in accordance with 927
1126+section 37-3b, except that the commissioner may, in the commissioner's 928
1127+sole discretion, permit a new home construction contractor to receive a 929
1128+new or renewed certificate after such contractor has entered into an 930
1129+agreement with the commissioner whereby such contractor agrees to 931
1130+repay the fund in full in the form of periodic payments over a set period 932
1131+of time. Any such agreement shall include a provision providing for the 933
1132+summary suspension of any and all certificates held by the new home 934
1133+construction contractor if payment is not made in accordance with the 935
1134+terms of the agreement. 936
1135+Sec. 14. Section 20-450 of the general statutes is repealed and the 937
1136+following is substituted in lieu thereof (Effective from passage): 938
1137+As used in this section and sections [20-450] 20-451 to 20-462, 939
1138+inclusive, unless the context otherwise requires: 940
1139+(1) "Association" means (A) an association, as defined in section 47-941
1140+Raised Bill No. 1357
1141+
1142+
1143+
1144+LCO No. 4689 31 of 84
1145+
1146+202, and an association of unit owners, as defined in section 47-68a and 942
1147+in section 47-68 of the general statutes, revision of 1958, revised to 943
1148+January 1, 1975, and (B) the mandatory owners organization of any 944
1149+common interest community, as defined in section 47-202, which 945
1150+community was not created under chapter 825 or 828 or under chapter 946
1151+825 of the general statutes, revision of 1958, revised to January 1, 1975. 947
1152+"Association" does not include an association of a common interest 948
1153+community which contains only units restricted to nonresidential use; 949
1154+[(2) "Community association manager" means a natural person who 950
1155+directly provides association management services;] 951
1156+[(3)] (2) "Association management services" means services provided 952
1157+to an association for remuneration, including one or more of the 953
1158+following: (A) Collecting, controlling or disbursing funds of the 954
1159+association or having the authority to do so; (B) preparing budgets or 955
1160+other financial documents for the association; (C) assisting in the 956
1161+conduct of, or conducting, association meetings; (D) advising or 957
1162+assisting the association in obtaining insurance; (E) coordinating or 958
1163+supervising the [overall] operations of the association; and (F) advising 959
1164+the association on the [overall] operations of the association; [. Any 960
1165+person licensed in this state under any provision of the general statutes 961
1166+or rules of court who provides the services for which such person is 962
1167+licensed to an association for remuneration shall not be deemed to be 963
1168+providing association management services. Any director, officer or 964
1169+other member of an association who provides services specified in this 965
1170+subdivision to the association of which he or she is a member shall not 966
1171+be deemed to be providing association management services unless 967
1172+such director, officer or other member owns or controls more than two-968
1173+thirds but less than all of the votes in such association;] 969
1174+[(4)] (3) "Commission" means the Connecticut Real Estate 970
1175+Commission appointed under the provisions of section 20-311a; 971
1176+(4) "Community association manager" means a natural person who 972
1177+Raised Bill No. 1357
1178+
1179+
1180+
1181+LCO No. 4689 32 of 84
1182+
1183+directly provides association management services; 973
1184+(5) "Community association manager trainee" means a natural person 974
1185+working under the direct supervision of a community association 975
1186+manager for the purpose of being trained in the provision of association 976
1187+management services; 977
1188+[(5)] (6) "Department" means the Department of Consumer 978
1189+Protection; and 979
1190+[(6)] (7) "Person" means an individual, partnership, corporation, 980
1191+limited liability company or other legal entity. [; and 981
1192+(7) "Community association manager trainee" means a natural person 982
1193+working under the direct supervision of a community association 983
1194+manager, for the purpose of being trained in the provision of association 984
1195+management services.] 985
1196+Sec. 15. Section 20-452 of the general statutes is repealed and the 986
1197+following is substituted in lieu thereof (Effective from passage): 987
1198+(a) Any person seeking a certificate of registration as a community 988
1199+association manager or as a community association manager trainee 989
1200+shall apply to the department in writing, on a form provided by the 990
1201+department. Such application shall include the applicant's name, 991
1202+residence address, business address, business telephone number, a 992
1203+question as to whether the applicant has been convicted of a felony in 993
1204+any state or jurisdiction and such other information as the department 994
1205+may require. Except for a community association manager trainee, any 995
1206+person seeking an initial certificate of registration as a community 996
1207+association manager shall submit to a request by the [commissioner] 997
1208+Commissioner of Consumer Protection for a state and national criminal 998
1209+history records check, conducted in accordance with the provisions of 999
1210+section 29-17a. No registration as a community association manager 1000
1211+shall be issued unless the commissioner has received the results of such 1001
1212+records check. 1002
1213+Raised Bill No. 1357
1214+
1215+
1216+
1217+LCO No. 4689 33 of 84
1218+
1219+(b) Each application for a certificate of registration as a community 1003
1220+association manager shall be accompanied by an application fee of sixty 1004
1221+dollars and a registration fee of one hundred dollars. The department 1005
1222+shall refund the registration fee if it refuses to issue a certificate of 1006
1223+registration. The department shall not charge either an application or a 1007
1224+registration fee for a certificate of registration as a community 1008
1225+association manager trainee. 1009
1226+(c) The following persons shall be exempt from registration as a 1010
1227+community association manager under this chapter: (1) Any person 1011
1228+who (A) is admitted to practice law in this state, is a certified public 1012
1229+accountant licensed under chapter 389, is an insurance producer 1013
1230+licensed under chapter 701a or is otherwise licensed in this state under 1014
1231+any provision of the general statutes, and (B) provides to an association 1015
1232+professional services, for which such person is licensed or admitted, for 1016
1233+remuneration; (2) any director, officer or other member of an association 1017
1234+who provides association management services to the association of 1018
1235+which he or she is a member, unless such director, officer or other 1019
1236+member owns or controls more than two-thirds but less than all of the 1020
1237+votes in such association; and (3) any person who provides 1021
1238+administrative support services to a community association manager as 1022
1239+set forth in section 20-451. 1023
1240+Sec. 16. Section 20-457 of the general statutes is repealed and the 1024
1241+following is substituted in lieu thereof (Effective October 1, 2025): 1025
1242+(a) Each community association manager shall (1) exhibit his or her 1026
1243+certificate of registration upon request by any interested party, (2) state 1027
1244+in any advertisement the fact that he or she is registered, and (3) include 1028
1245+his or her registration number in any advertisement. In the case of a 1029
1246+business entity, the advertisement shall identify at least one principal, 1030
1247+officer or director of the entity that is a community association manager 1031
1248+and shall include the registration number of such principal, officer or 1032
1249+director. 1033
1250+Raised Bill No. 1357
1251+
1252+
1253+
1254+LCO No. 4689 34 of 84
1255+
1256+(b) No person shall: (1) Present or attempt to present, as his or her 1034
1257+own, the certificate of another, (2) knowingly give false evidence of a 1035
1258+material nature to the commission or department for the purpose of 1036
1259+procuring a certificate, (3) represent himself or herself falsely as, or 1037
1260+impersonate, a registered community association manager, (4) use or 1038
1261+attempt to use a certificate which has expired or which has been 1039
1262+suspended or revoked, (5) offer to provide association management 1040
1263+services without having a current certificate of registration under 1041
1264+sections 20-450 to 20-462, inclusive, as amended by this act, or (6) 1042
1265+represent in any manner that his or her registration constitutes an 1043
1266+endorsement of the quality of his or her services or of his or her 1044
1267+competency by the commission or department. In addition to any other 1045
1268+remedy provided for in sections 20-450 to 20-462, inclusive, as amended 1046
1269+by this act, any person who violates any provision of this subsection 1047
1270+shall [, after an administrative hearing,] be fined not more than one 1048
1271+thousand dollars, or shall be imprisoned for not more than one year or 1049
1272+be both fined and imprisoned. A violation of any of the provisions of 1050
1273+sections 20-450 to 20-462, inclusive, as amended by this act, shall be 1051
1274+deemed an unfair or deceptive trade practice under subsection (a) of 1052
1275+section 42-110b. 1053
1276+(c) Certificates issued to community association managers shall not 1054
1277+be transferable or assignable. 1055
1278+(d) All certificates issued to community association managers under 1056
1279+the provisions of sections 20-450 to 20-462, inclusive, as amended by this 1057
1280+act, shall expire annually on the thirty-first day of January. A holder of 1058
1281+a certificate of registration who seeks to renew his or her certificate shall, 1059
1282+when filing an application for renewal of the certificate, submit 1060
1283+documentation to the department which establishes that he or she has 1061
1284+passed any examination and completed any educational coursework, as 1062
1285+the case may be, required for certification under this chapter. The fee for 1063
1286+renewal of a certificate shall be two hundred dollars. 1064
1287+(e) Failure to receive a notice of expiration or a renewal application 1065
1288+Raised Bill No. 1357
1289+
1290+
1291+
1292+LCO No. 4689 35 of 84
1293+
1294+shall not exempt a community association manager from the obligation 1066
1295+to renew. 1067
1296+(f) All certificates issued to community association manager trainees 1068
1297+under the provisions of sections 20-450 to 20-462, inclusive, as amended 1069
1298+by this act, shall expire six months from the date of issuance and shall 1070
1299+not be renewable. 1071
1300+(g) (1) Each community association manager who enters into a 1072
1301+contract with an association for the purpose of providing association 1073
1302+management services shall disclose to the association: 1074
1303+(A) Whether the community association manager has any ownership 1075
1304+or managerial interest in any entity that solicits business from the 1076
1305+association or the community association manager; and 1077
1306+(B) If the community association manager is required to provide any 1078
1307+construction oversight or project coordination services to the association 1079
1308+that are not included in the scope of the general association management 1080
1309+services the community association manager is required to provide 1081
1310+under such contract, any amount the community association manager 1082
1311+will charge to provide such construction oversight or project 1083
1312+coordination services. 1084
1313+(2) Each disclosure made pursuant to this subsection shall be clear, 1085
1314+conspicuous and in writing. 1086
1315+Sec. 17. Section 21-35b of the general statutes is repealed and the 1087
1316+following is substituted in lieu thereof (Effective from passage): 1088
1317+(a) No person shall advertise, offer for sale or sell a stock of goods, 1089
1318+wares or merchandise [under the description] as part of a closing-out 1090
1319+sale unless [he shall have] such person has obtained [a license] from the 1091
1320+Commissioner of Consumer Protection a state closing-out sale license 1092
1321+authorizing [the conducting of] such sale for each location at which such 1093
1322+sale is to be conducted. 1094
1323+Raised Bill No. 1357
1324+
1325+
1326+
1327+LCO No. 4689 36 of 84
1328+
1329+(b) Each person desiring to conduct a closing-out sale shall [deposit 1095
1330+with] pay to the Commissioner of Consumer Protection [the sum of five 1096
1331+hundred dollars or a dollar amount equal to one per cent of the 1097
1332+wholesale cost of the inventory filed pursuant to subsection (c) of this 1098
1333+section whichever is greater; provided that no such deposit shall exceed 1099
1334+five thousand dollars. Upon application in the sum to be prescribed by 1100
1335+said commissioner and upon deposit to said commissioner of a further 1101
1336+sum] a state closing-out sale license fee in the amount of one hundred 1102
1337+dollars [as a state license fee, said] and the commissioner shall issue to 1103
1338+the applicant a ["closing-out sale license"] state closing-out sale license, 1104
1339+authorizing [him] the licensee to advertise and conduct a closing-out 1105
1340+sale consistent with that requested in the application. 1106
1341+(c) Each person applying for a ["closing-out sale license"] state 1107
1342+closing-out sale license shall make [such] an application [therefor] for 1108
1343+such license in a form and manner prescribed by the Commissioner of 1109
1344+Consumer Protection. Such application shall be in writing and [under 1110
1345+oath stating all the facts relating to the reasons and character of such 1111
1346+sale, including] include the opening and terminating dates of the 1112
1347+proposed closing-out sale [, a complete inventory of the goods, wares 1113
1348+and merchandise actually on hand in the place where such sale is to be 1114
1349+conducted in the manner prescribed by the commissioner, and all 1115
1350+details necessary to locate exactly and identify fully the goods, wares or 1116
1351+merchandise to be sold, and shall disclose the names and residences of 1117
1352+owner or owners or partners in whose interest the sale is to be 1118
1353+conducted] and an attestation by the applicant that such applicant is not 1119
1354+delinquent in payment of any taxes due and owing to this state or any 1120
1355+political subdivision of this state. No state closing-out sale license shall 1121
1356+be issued unless the application is submitted to the [commissioner] 1122
1357+Department of Consumer Protection at least five days prior to the 1123
1358+requested commencement date of the closing-out sale. Any applicant 1124
1359+who uses the services of a promoter, as defined in section 21-35a, for a 1125
1360+closing-out sale shall include [a signed and dated copy of the agreement 1126
1361+between such applicant and such promoter as part of the application] in 1127
1362+Raised Bill No. 1357
1363+
1364+
1365+
1366+LCO No. 4689 37 of 84
1367+
1368+the application the name and license number for each such promoter. 1128
1369+The commissioner may, by regulation, request such other information 1129
1370+to be submitted by the applicant as he deems necessary. 1130
1371+[(d) Each person holding a closing-out sale license issued under this 1131
1372+section shall file with the Commissioner of Consumer Protection a 1132
1373+monthly report, commencing one month from the opening date of the 1133
1374+sale, enumerating all goods, wares or merchandise sold, transferred or 1134
1375+otherwise disposed of by the licensee or his agents, servants or 1135
1376+employees during that month pursuant to the closing-out sale. Said 1136
1377+commissioner shall prescribe the form for such reporting.] 1137
1378+[(e)] (d) All documentation concerning the goods, wares and 1138
1379+merchandise to be included in such closing-out sale, including but not 1139
1380+limited to purchase orders and delivery statements, shall be made 1140
1381+available by the licensee for inspection by an authorized representative 1141
1382+of the [commissioner] Commissioner of Consumer Protection during 1142
1383+regular business hours. 1143
1384+[(f)] (e) Each person holding a state closing-out sale license shall (1) 1144
1385+include the state closing-out sale license number in any advertisement, 1145
1386+together with clear and conspicuous disclosure of the termination date 1146
1387+of such state closing-out sale license, and (2) post such state closing-out 1147
1388+sale license in a conspicuous location at the point of sale. 1148
1389+Sec. 18. Section 21-35c of the general statutes is repealed and the 1149
1390+following is substituted in lieu thereof (Effective from passage): 1150
1391+[(a) All state licenses] Except as provided in section 21-35e, as 1151
1392+amended by this act, a state closing-out sale license issued under this 1152
1393+chapter shall expire ninety days [from the date thereof] after the date on 1153
1394+which such state closing-out sale license was issued or on the 1154
1395+termination date designated in the original application for such state 1155
1396+closing-out sale license, whichever occurs first. Each state closing-out 1156
1397+sale license upon expiration, or voluntary surrender prior to expiration, 1157
1398+shall be returned to the Commissioner of Consumer Protection who 1158
1399+Raised Bill No. 1357
1400+
1401+
1402+
1403+LCO No. 4689 38 of 84
1404+
1405+shall cancel the same, endorse the date of delivery and cancellation 1159
1406+thereon and place the same on file. [The commissioner shall then hold 1160
1407+the special deposit of each such licensee for a period of sixty days and, 1161
1408+after satisfying all claims made upon the same under this section, shall 1162
1409+return such deposit or such portion of the same, if any, as may remain 1163
1410+in the commissioner's hands to the licensee depositing it, or as directed 1164
1411+by the licensee in the original application. Each deposit made with the 1165
1412+commissioner shall be subject, as long as it remains in the 1166
1413+commissioner's hands, to attachment or execution on behalf of creditors 1167
1414+or consumers whose claims may arise in connection with business done 1168
1415+under the authorized sale. Said commissioner may also be held to 1169
1416+answer as garnishee under process of foreign attachment, where such 1170
1417+process is used, in any civil action brought against any licensee. The 1171
1418+commissioner shall pay over, under order of court or upon execution of 1172
1419+a judgment, such sum of money as the commissioner may be chargeable 1173
1420+with upon the commissioner's disclosure or otherwise. Such deposit 1174
1421+shall not be paid over by said commissioner on garnishee process or to 1175
1422+such licensee until the expiration of the sixty-day period specified in this 1176
1423+section. Such deposit shall also be subject to the payment of any fine or 1177
1424+penalty imposed on the licensee for violation of any provision of this 1178
1425+chapter, provided written notice of the name of such licensee and of the 1179
1426+amount of such fine or penalty shall be given during such period to the 1180
1427+commissioner by the clerk of the court in which such fine or penalty was 1181
1428+imposed. 1182
1429+(b) Whenever any state license, issued under the provisions of section 1183
1430+21-35b has been lost or destroyed, so that such license cannot, after the 1184
1431+expiration of the term thereof, be returned or surrendered under the 1185
1432+provisions of subsection (a) of this section, the licensee may file an 1186
1433+affidavit with the Commissioner of Consumer Protection describing 1187
1434+such license with sufficient particularity to identify the same and the 1188
1435+claimant thereunder, and showing such loss or destruction; and the 1189
1436+commissioner, upon such proof of loss and identity as is satisfactory to 1190
1437+him, may accept such affidavit in lieu of the return or surrender of such 1191
1438+Raised Bill No. 1357
1439+
1440+
1441+
1442+LCO No. 4689 39 of 84
1443+
1444+license, and such licensee shall have the same right to the return of the 1192
1445+special deposit made by him as though he had returned or surrendered 1193
1446+his license.] 1194
1447+Sec. 19. Section 21-35d of the general statutes is repealed and the 1195
1448+following is substituted in lieu thereof (Effective from passage): 1196
1449+Before selling under the state closing-out sale license prescribed in 1197
1450+section 21-35b, as amended by this act, in any town, city or borough, 1198
1451+each person conducting a closing-out sale shall make application for a 1199
1452+municipal closing-out sale license to the selectmen or other authority of 1200
1453+such town, city or borough authorized to issue licenses therein; and, 1201
1454+unless the fee therefor is fixed as herein provided, shall file with them a 1202
1455+true statement, under oath, of the average quantity and value of the 1203
1456+stock of goods, wares and merchandise kept or intended to be kept or 1204
1457+exposed by [him] such person for sale. Such selectmen or other authority 1205
1458+shall submit such statement to the assessors of the town, who, after such 1206
1459+examination and inquiry as they deem necessary, shall determine such 1207
1460+average quantity and value, and shall forthwith transmit a certificate 1208
1461+thereof to such selectmen or other authority. Thereupon such selectmen 1209
1462+or other authority shall authorize the town clerk, upon the payment by 1210
1463+the applicant of a fee equal to the taxes assessable in such town, city or 1211
1464+borough under the last-preceding tax levy therein upon an amount of 1212
1465+property of the same valuation, to issue to [him] such person a 1213
1466+municipal closing-out sale license authorizing such closing-out sale in 1214
1467+such municipality. Such authority may authorize the issue of such 1215
1468+municipal closing-out sale license without the filing of such statement, 1216
1469+upon the payment of a municipal closing-out sale license fee fixed by it. 1217
1470+Upon payment of such fee, such town clerk shall issue such municipal 1218
1471+closing-out sale license, which shall remain in force as long as the 1219
1472+licensee continuously keeps and exposes for sale in such municipality 1220
1473+such stock of goods, wares or merchandise, but not later than the first 1221
1474+day of October following its date. [Upon such payment and proof of 1222
1475+payment of all other license fees, if any, chargeable upon local sales, 1223
1476+such town clerk shall record the state license of such transient vendor in 1224
1477+Raised Bill No. 1357
1478+
1479+
1480+
1481+LCO No. 4689 40 of 84
1482+
1483+full, shall endorse thereon the words "local license fees paid" and shall 1225
1484+affix thereto his official signature and the date of such endorsement.] 1226
1485+Sec. 20. Section 21-35e of the general statutes is repealed and the 1227
1486+following is substituted in lieu thereof (Effective from passage): 1228
1487+No [goods, wares or merchandise other than those listed in the 1229
1488+inventory required in this chapter shall be included in any closing-out 1230
1489+sale and no] sale shall continue beyond a reasonable date to be specified 1231
1490+in the required application, except [, that an extension may be 1232
1491+authorized] the Commissioner of Consumer Protection may authorize 1233
1492+an extension upon a proper showing of need. [, such extension being 1234
1493+contingent on the submitting of a revised inventory showing the items 1235
1494+listed on the original inventory remaining unsold and not listing any 1236
1495+goods not included in the original application and inventory.] 1237
1496+Sec. 21. Section 21-35f of the general statutes is repealed and the 1238
1497+following is substituted in lieu thereof (Effective from passage): 1239
1498+No person in contemplation of a closing-out sale under a state 1240
1499+closing-out sale license as provided for in section 21-35b, as amended by 1241
1500+this act, shall order any goods, wares or merchandise for the purpose of 1242
1501+selling and disposing of the same at such sale, and any unusual 1243
1502+purchases and additions to the stock of such goods, wares or 1244
1503+merchandise within sixty days prior to the filing of application for a 1245
1504+state closing-out sale license to conduct such sale shall be presumptive 1246
1505+evidence that such purchases and additions to stock were made in 1247
1506+contemplation of such sale. 1248
1507+Sec. 22. Subsections (a) to (h), inclusive, of section 21-82 of the general 1249
1508+statutes are repealed and the following is substituted in lieu thereof 1250
1509+(Effective July 1, 2025): 1251
1510+(a) At all times during the tenancy the owner shall: 1252
1511+(1) Comply with the requirements of the State Building Code, the Fire 1253
1512+Raised Bill No. 1357
1513+
1514+
1515+
1516+LCO No. 4689 41 of 84
1517+
1518+Safety Code, and all applicable state laws and regulations, local 1254
1519+ordinances and planning and zoning regulations materially affecting 1255
1520+health and safety; 1256
1521+(2) Maintain the premises and regrade them when necessary to 1257
1522+prevent the accumulation of stagnant water and to prevent the 1258
1523+detrimental effects of moving water; 1259
1524+(3) Maintain the ground at such a level that the mobile manufactured 1260
1525+home will not tilt from its original position; 1261
1526+(4) Keep each mobile manufactured home space or lot marked in such 1262
1527+a way that each resident will be certain of his area of responsibility; 1263
1528+(5) Keep any exterior area of the park not the responsibility of each 1264
1529+resident free from any species of weed or plant growth which are 1265
1530+noxious or detrimental to the health of the residents; 1266
1531+(6) Make all repairs and do whatever is necessary to put and keep the 1267
1532+portion of the mobile manufactured home park that is not the 1268
1533+responsibility of each resident in a fit and habitable condition, except 1269
1534+where such premises are intentionally rendered unfit or uninhabitable 1270
1535+by the resident, a member of his family or other person on the premises 1271
1536+with his consent, in which case such duty shall be the responsibility of 1272
1537+the resident; 1273
1538+(7) Keep all common areas of the premises in a clean and safe 1274
1539+condition; 1275
1540+(8) Be responsible for the extermination of any insect, rodent, vermin 1276
1541+or other pest dangerous to the health of the residents whenever 1277
1542+infestation exists in the area of the park not the responsibility of the 1278
1543+resident or in the area for which the resident is responsible including the 1279
1544+mobile manufactured home if such infestation is not the fault of the 1280
1545+resident and particularly if such infestation existed prior to the 1281
1546+occupancy of the resident claiming relief; 1282
1547+Raised Bill No. 1357
1548+
1549+
1550+
1551+LCO No. 4689 42 of 84
1552+
1553+(9) Maintain all mobile manufactured homes rented by the owner in 1283
1554+a condition which is structurally sound and capable of withstanding 1284
1555+adverse effects of weather conditions; 1285
1556+(10) Maintain all electrical, plumbing, gas or other utilities provided 1286
1557+by him in good working condition except during any emergency after 1287
1558+which any repair shall be completed within seventy-two hours unless 1288
1559+good cause is shown as to why such repair has not been completed; 1289
1560+(11) Maintain all water and sewage lines and connections in good 1290
1561+working order [,] and, in the event of any emergency, make necessary 1291
1562+arrangements for the provision of such service on a temporary basis; 1292
1563+(12) Maintain all septic systems, leaching fields and septic lines and 1293
1564+connections in good working order and, in the event of any emergency, 1294
1565+make necessary arrangements for the provision of temporary septic 1295
1566+service; 1296
1567+[(12)] (13) Arrange for the removal from waste receptacles of ashes, 1297
1568+garbage, rubbish and other waste incidental to the occupancy of the 1298
1569+dwelling unit; 1299
1570+[(13)] (14) Maintain any road within the park in good condition, 1300
1571+provide adequate space for parking of two cars for each lot except that 1301
1572+any park which provided only one space for each lot on January 1, 1985, 1302
1573+and which provided only one space for each lot on October 1, 1972, shall 1303
1574+be exempt from such requirement, and be responsible for damage to any 1304
1575+vehicle which is the direct result of any unrepaired or poorly maintained 1305
1576+access road within the park; 1306
1577+[(14)] (15) Respect the privacy of the resident and if only the space or 1307
1578+lot is rented, agree to enter the mobile manufactured home only with 1308
1579+the permission of the resident; 1309
1580+[(15)] (16) Allow all residents freedom of choice in the purchase of all 1310
1581+services pursuant to section 21-78; 1311
1582+Raised Bill No. 1357
1583+
1584+
1585+
1586+LCO No. 4689 43 of 84
1587+
1588+[(16)] (17) Allow a resident to terminate a rental agreement whenever 1312
1589+a change in the location of such resident's employment requires a 1313
1590+change in the location of his residence if such resident gives thirty days' 1314
1591+notice; provided, a resident who is a member of the armed forces of the 1315
1592+United States may terminate his rental agreement with less than notice 1316
1593+of thirty days if he receives reassignment orders which do not allow 1317
1594+such prior notification. 1318
1595+(b) At all times during the tenancy the resident shall: 1319
1596+(1) Comply with all obligations primarily imposed upon residents by 1320
1597+applicable provisions of any building, housing or fire code materially 1321
1598+affecting health and safety; 1322
1599+(2) Keep the unit and his area of responsibility as marked by the 1323
1600+owner in a clean and sanitary condition, free of garbage and rubbish; 1324
1601+(3) Keep the supplied basic facilities including any plumbing fixture, 1325
1602+cooking and refrigeration equipment and electrical fixtures in a rented 1326
1603+mobile manufactured home unit in a clean and sanitary condition and 1327
1604+exercise reasonable care in their proper use and operation; 1328
1605+(4) Dispose of any rubbish, garbage and other waste material in a 1329
1606+clean and sanitary manner; 1330
1607+(5) Not wilfully or negligently destroy, deface, damage, impair or 1331
1608+remove any part of the premises or permit any other person to do so; 1332
1609+(6) Observe all reasonable rules of the owner concerning the use, 1333
1610+occupation and maintenance of the premises, provided such reasonable 1334
1611+rules are brought to his attention at the time he signs a rental agreement; 1335
1612+(7) Unless otherwise agreed, occupy the dwelling unit only as a 1336
1613+dwelling unit; 1337
1614+(8) Conduct himself and require other persons on the premises with 1338
1615+his consent to conduct themselves in a manner that will not disturb his 1339
1616+Raised Bill No. 1357
1617+
1618+
1619+
1620+LCO No. 4689 44 of 84
1621+
1622+neighbors' peaceful enjoyment of the premises or constitute a nuisance, 1340
1623+as defined in section 47a-32, or a serious nuisance, as defined in section 1341
1624+21-80; 1342
1625+(9) If judgment has entered against a member of the resident's 1343
1626+household pursuant to subsection (c) of section 47a-26h for serious 1344
1627+nuisance by using the premises for the illegal sale of drugs, not permit 1345
1628+such person to resume occupancy of the dwelling unit, except with the 1346
1629+consent of the owner. 1347
1630+(c) Rent is payable without demand or notice at the time and place 1348
1631+agreed upon by the parties. Unless otherwise agreed, (1) rent is payable 1349
1632+at the premises and (2) periodic rent is payable at the beginning of any 1350
1633+term of one month or less and for terms of more than one month in equal 1351
1634+monthly installments at the beginning of each month. In the absence of 1352
1635+agreement, the resident shall pay the fair rental value for the use and 1353
1636+occupancy of the premises. 1354
1637+(d) The terms for the payment of rent shall be clearly set forth and 1355
1638+any charge for services, space or lot rent, unit rent or any other charge 1356
1639+shall be specifically itemized in the rental agreement and in any billing 1357
1640+to the resident by the owner. The total rent for the term of the rental 1358
1641+agreement shall be stated therein. 1359
1642+(e) Reasonable rules for guest parking shall be clearly stated and 1360
1643+unless violation thereof occurs, no fee shall be charged a resident or a 1361
1644+guest. 1362
1645+(f) Any action on the part of the resident which may be grounds for 1363
1646+eviction from the park or termination of the rental agreement shall be 1364
1647+clearly and specifically stated therein. 1365
1648+(g) The right of the resident to sell his mobile manufactured home 1366
1649+pursuant to section 21-79 shall be clearly stated in the rental agreement. 1367
1650+(h) If the owner makes an entry prohibited by subdivision [(14)] (15) 1368
1651+Raised Bill No. 1357
1652+
1653+
1654+
1655+LCO No. 4689 45 of 84
1656+
1657+of subsection (a) of this section, or makes repeated demands for entry 1369
1658+otherwise lawful but which have the effect of unreasonably harassing 1370
1659+the resident, the resident may recover actual damages not less than an 1371
1660+amount equal to one month's rent and reasonable attorney's fees. The 1372
1661+resident may also obtain injunctive relief to prevent the recurrence of 1373
1662+the conduct or terminate the rental agreement. 1374
1663+Sec. 23. Section 21-83c of the general statutes is repealed and the 1375
1664+following is substituted in lieu thereof (Effective July 1, 2025): 1376
1665+A rental agreement shall not permit the receipt of rent for any period 1377
1666+during which the owner has failed to comply with the provisions of 1378
1667+subdivisions (1) to [(13)] (14), inclusive, of subsection (a) of section 21-1379
1668+82, as amended by this act, and such failure materially affects the health 1380
1669+and safety of the residents or materially affects habitability. 1381
1670+Sec. 24. Subsection (a) of section 47a-14h of the general statutes is 1382
1671+repealed and the following is substituted in lieu thereof (Effective July 1, 1383
1672+2025): 1384
1673+(a) Any tenant who claims that the landlord has failed to perform his 1385
1674+or her legal duties, as required by section 47a-7 or 47a-7a or subdivisions 1386
1675+(1) to [(13)] (14), inclusive, of subsection (a) of section 21-82, as amended 1387
1676+by this act, may institute an action in the superior court having 1388
1677+jurisdiction over housing matters in the judicial district in which such 1389
1678+tenant resides to obtain the relief authorized by this section and sections 1390
1679+47a-7a, 47a-20 and 47a-68. No tenant may institute an action under this 1391
1680+section if a valid notice to quit possession or occupancy based upon 1392
1681+nonpayment of rent has been served on such tenant prior to the 1393
1682+institution of an action under this section or if a valid notice to quit 1394
1683+possession or occupancy based on any other ground has been served on 1395
1684+such tenant prior to such tenant making the complaint to the agency 1396
1685+referred to in subsection (b) of this section, provided any such notice to 1397
1686+quit is still effective. 1398
1687+Sec. 25. Subsection (c) of section 21a-9 of the general statutes is 1399
1688+Raised Bill No. 1357
1689+
1690+
1691+
1692+LCO No. 4689 46 of 84
1693+
1694+repealed and the following is substituted in lieu thereof (Effective from 1400
1695+passage): 1401
1696+(c) Each such board or commission may act in accordance with the 1402
1697+provisions of [subdivision (7) of] section 21a-7, and the commissioner 1403
1698+may act in accordance with the provisions of [subdivision (4) of 1404
1699+subsection (b) of] section 21a-8, in the case of a practitioner who: (1) 1405
1700+Engages in fraud or material deception in order to obtain a license, 1406
1701+registration or certificate issued by the board, commission or 1407
1702+commissioner or to aid another in obtaining a license, registration or 1408
1703+certificate issued by the board, commission or commissioner; (2) 1409
1704+performs work beyond the scope of the license, registration or certificate 1410
1705+issued by the board, commission or commissioner; (3) illegally uses or 1411
1706+transfers a license, registration or certificate issued by the board, 1412
1707+commission or commissioner; (4) performs incompetent or negligent 1413
1708+work; (5) makes false, misleading or deceptive representations to the 1414
1709+public; (6) has been subject to disciplinary action similar to that specified 1415
1710+in [subdivision (7) of] section 21a-7 or [subdivision (4) of subsection (b) 1416
1711+of section] 21a-8 by a duly authorized professional agency of the United 1417
1712+States, any state within the United States, the District of Columbia, a 1418
1713+United States possession or territory or a foreign jurisdiction; or (7) 1419
1714+violates any provision of the general statutes or any regulation 1420
1715+established thereunder, relating to the practitioner's profession or 1421
1716+occupation. 1422
1717+Sec. 26. Subsection (a) of section 21a-11 of the general statutes is 1423
1718+repealed and the following is substituted in lieu thereof (Effective from 1424
1719+passage): 1425
1720+(a) (1) The Commissioner of Consumer Protection may, subject to the 1426
1721+provisions of chapter 67, employ such agents and assistants as are 1427
1722+necessary to enforce the provisions of the general statutes wherein the 1428
1723+commissioner is empowered to carry out the duties and responsibilities 1429
1724+assigned to the commissioner or the Department of Consumer 1430
1725+Protection. For the purpose of inquiring into any suspected violation of 1431
1726+Raised Bill No. 1357
1727+
1728+
1729+
1730+LCO No. 4689 47 of 84
1731+
1732+such provisions, the commissioner and the commissioner's deputy and 1432
1733+assistants shall (A) have free access, at all reasonable hours, to all places 1433
1734+and premises, homes and apartments of private families keeping no 1434
1735+boarders excepted, and shall be permitted therein to inspect and 1435
1736+document by audio and visual means, and (B) unless prohibited by 1436
1737+other applicable law, be provided, upon request, copies of any accounts, 1437
1738+books, records, memoranda, correspondence, signage and other 1438
1739+documents related to such suspected violation. 1439
1740+(2) The commissioner and the commissioner's deputy or assistants 1440
1741+shall have the authority to issue citations pursuant to section 51-164n for 1441
1742+violations for the purpose of enforcing [such] the provisions of the 1442
1743+general statutes wherein the commissioner is empowered to carry out 1443
1744+the duties and responsibilities assigned to the commissioner or the 1444
1745+department. The commissioner may delegate the commissioner's 1445
1746+authority to render a final decision in a contested case to a hearing 1446
1747+officer employed by, or contracted with, the department. 1447
1748+[(2)] (3) Notwithstanding the provisions of the Freedom of 1448
1749+Information Act, as defined in section 1-200, all records, papers and 1449
1750+documents obtained during an investigation or enforcement action 1450
1751+conducted pursuant to [subdivision] subdivisions (1) and (2) of this 1451
1752+subsection shall be confidential and not subject to disclosure under said 1452
1753+act until such investigation or enforcement action has been finally 1453
1754+adjudicated or otherwise settled or closed. 1454
1755+Sec. 27. Subsections (a) and (b) of section 21a-38 of the general statutes 1455
1756+are repealed and the following is substituted in lieu thereof (Effective 1456
1757+from passage): 1457
1758+(a) [The] Following an administrative hearing held in accordance 1458
1759+with the provisions of chapter 54, the commissioner may suspend or 1459
1760+revoke any license issued under the provisions of section 21a-35 or 21a-1460
1761+36 for violation of the provisions of sections 21a-34 to 21a-45, inclusive, 1461
1762+or any regulation adopted thereunder or for violation of any applicable 1462
1763+Raised Bill No. 1357
1764+
1765+
1766+
1767+LCO No. 4689 48 of 84
1768+
1769+municipal health ordinance or state or federal law or regulation. [No 1463
1770+such suspension or revocation shall take effect except upon notice to the 1464
1771+licensee and hearing thereon. Notice shall be in writing, given by 1465
1772+registered or certified mail, and shall state: (1) The condition or violation 1466
1773+found; (2) the corrective action, if any, to be taken and the period of time 1467
1774+within which such action must be taken; and (3) that an opportunity for 1468
1775+hearing will be provided upon written request filed within ten days 1469
1776+after receipt of such notice.] 1470
1777+(b) Whenever the commissioner finds any grossly unsanitary 1471
1778+condition or any other condition which constitutes a substantial hazard 1472
1779+to public health or safety involving the preparation or transportation of 1473
1780+any food or beverage or the use of any vending machine [he] the 1474
1781+commissioner may, without notice or hearing, issue a written order to 1475
1782+the licensee citing the existence of such condition and specifying the 1476
1783+corrective action to be taken, and, if [he] the commissioner deems it 1477
1784+necessary, require that use of such facility or machine be discontinued. 1478
1785+Any licensee to whom such order is issued may [petition for a hearing, 1479
1786+which shall be granted, but no such petition shall] request an 1480
1787+administrative hearing in accordance with the provisions of chapter 54 1481
1788+to contest such order. No such request shall stay the execution or 1482
1789+effectiveness of any order issued pursuant to this subsection pending an 1483
1790+administrative hearing. Each such order shall continue in effect until [it] 1484
1791+such order is rescinded by the commissioner or until the condition cited 1485
1792+is corrected, as determined by the commissioner or the commissioner's 1486
1793+designee. 1487
1794+Sec. 28. Section 21a-54 of the general statutes is repealed and the 1488
1795+following is substituted in lieu thereof (Effective from passage): 1489
1796+Any license may be revoked by the Commissioner of Consumer 1490
1797+Protection [after notice to the licensee by mail or otherwise and 1491
1798+opportunity to be heard] if it appears that any statement upon which [it] 1492
1799+such license was issued was false or misleading or that any frozen 1493
1800+dessert and frozen dessert mix manufactured by the licensee is 1494
1801+Raised Bill No. 1357
1802+
1803+
1804+
1805+LCO No. 4689 49 of 84
1806+
1807+adulterated or misbranded, or was manufactured in a plant not 1495
1808+maintained in accordance with the standards of sanitation prescribed in 1496
1809+the regulations promulgated under the authority of section 21a-58, or 1497
1810+that the brand name or any label or advertising of any frozen dessert 1498
1811+and frozen dessert mix manufactured by the licensee gives a false 1499
1812+indication of origin, character, composition or place of manufacture, or 1500
1813+is otherwise false or misleading in any particular way. A license may 1501
1814+also [, after such notice and hearing,] be suspended for any of the 1502
1815+foregoing reasons until the licensee complies with the conditions 1503
1816+prescribed by the [Commissioner of Consumer Protection ] 1504
1817+commissioner for its reinstatement. The commissioner shall not revoke 1505
1818+or suspend a license except upon notice and hearing in accordance with 1506
1819+chapter 54. The commissioner may summarily suspend a license 1507
1820+pending such a hearing if the commissioner has reason to believe that 1508
1821+the public health, safety or welfare imperatively requires emergency 1509
1822+action. 1510
1823+Sec. 29. Subsection (b) of section 21a-118 of the general statutes is 1511
1824+repealed and the following is substituted in lieu thereof (Effective October 1512
1825+1, 2025): 1513
1826+(b) If an inspection reveals a violation of any provision of this chapter 1514
1827+concerning a food factory, food warehouse or food establishment, the 1515
1828+commissioner shall notify the owner of such factory, warehouse or 1516
1829+establishment of any such violation and his right to a hearing under this 1517
1830+section by certified mail within fifteen days of the date of such original 1518
1831+inspection. Such owner may contest the violations cited in such notice 1519
1832+by requesting a hearing in writing by certified mail within fifteen days 1520
1833+of the date of receipt of such notice. The commissioner shall grant such 1521
1834+a request and conduct a hearing in accordance with the provisions of 1522
1835+chapter 54. The [cost of all reinspections] fee for each reinspection 1523
1836+necessary to determine compliance with any such provision shall be 1524
1837+[forty] one hundred seventy-five dollars [an hour] and shall be charged 1525
1838+to such owner. [, except that if the first reinspection following the 1526
1839+original inspection indicates compliance with such provision no charge 1527
1840+Raised Bill No. 1357
1841+
1842+
1843+
1844+LCO No. 4689 50 of 84
1845+
1846+shall be made.] 1528
1847+Sec. 30. Subsections (c) and (d) of section 21a-152 of the general 1529
1848+statutes are repealed and the following is substituted in lieu thereof 1530
1849+(Effective from passage): 1531
1850+(c) The Commissioner of Consumer Protection may revoke, suspend, 1532
1851+place conditions upon or issue a civil penalty against a bakery, food 1533
1852+manufacturing establishment or food warehouse license for any 1534
1853+violation of sections 21a-151 to 21a-159, inclusive, [after a hearing 1535
1854+conducted] in accordance with the provisions of chapter 54. In addition, 1536
1855+the commissioner may summarily suspend a bakery, food 1537
1856+manufacturing establishment or food warehouse license pending a 1538
1857+hearing in accordance with the provisions of chapter 54 if the 1539
1858+commissioner has reason to believe that the public health, safety or 1540
1859+welfare imperatively requires emergency action. [Not later than ten 1541
1860+days following the suspension order, the commissioner shall cause to be 1542
1861+held a hearing which shall be conducted in accordance with the 1543
1862+provisions of chapter 54. Following such hearing, the commissioner 1544
1863+shall dissolve such suspension or order revocation of the bakery, food 1545
1864+manufacturing establishment or food warehouse license. Any 1546
1865+corporation, firm or person whose license has been revoked may apply 1547
1866+for a new license and the commissioner shall act on such application not 1548
1867+later than thirty days after the commissioner receives such application. 1549
1868+The costs of any inspections] The fee for each inspection necessary to 1550
1869+determine whether or not an applicant, whose license has been revoked, 1551
1870+is entitled to have a new license granted shall be borne by the applicant 1552
1871+at such rates as the commissioner may determine. The commissioner 1553
1872+may refuse to grant any bakery, food manufacturing establishment or 1554
1873+food warehouse a license if the commissioner finds that the applicant 1555
1874+has evidenced a pattern of noncompliance with the provisions of 1556
1875+sections 21a-151 to 21a-159, inclusive. Prima facie evidence of a pattern 1557
1876+of noncompliance shall be established if the commissioner shows that 1558
1877+the applicant has had two or more bakery, food manufacturing 1559
1878+establishment or food warehouse licenses revoked. 1560
1879+Raised Bill No. 1357
1880+
1881+
1882+
1883+LCO No. 4689 51 of 84
1884+
1885+(d) All vehicles used in the transportation of food for human 1561
1886+consumption, including, but not limited to, bakery, food manufacturing 1562
1887+establishment or food warehouse products, shall be kept in a sanitary 1563
1888+condition [and shall have the name and address of the bakery, food 1564
1889+manufacturing establishment or food warehouse owner, operator or 1565
1890+distributor legibly printed on both sides] in accordance with the sanitary 1566
1891+transportation requirements established in the regulations adopted 1567
1892+pursuant to the Food Safety Modernization Act, 21 CFR parts 1 and 11, 1568
1893+as amended from time to time. Each compartment in which [unwrapped 1569
1894+bakery, food manufacturing establishment or food warehouse products 1570
1895+are] food for human consumption is transported shall be enclosed in a 1571
1896+manner approved by the commissioner. 1572
1897+Sec. 31. Section 21a-217 of the general statutes is repealed and the 1573
1898+following is substituted in lieu thereof (Effective October 1, 2025): 1574
1899+(a) [Every] Each contract for health club services shall provide that 1575
1900+such contract may be cancelled [within] not later than three business 1576
1901+days after the date [of receipt by] on which the buyer [of] under such 1577
1902+contract receives a copy of [the] such contract, by written cancellation 1578
1903+notice delivered, with delivery tracking, to the [seller] health club or the 1579
1904+[seller's] health club's agent at an address [which] that shall be specified 1580
1905+in [the] such contract. Not later than seven days after the health club or 1581
1906+the health club's agent receives such written cancellation notice, the 1582
1907+health club shall provide to the buyer a written statement confirming 1583
1908+that such contract has been cancelled and disclosing the effective date of 1584
1909+such cancellation. After receipt of such written cancellation notice, the 1585
1910+health club may request the return of any cards or equipment that were 1586
1911+delivered to the buyer as part of the membership. Cancellation shall be 1587
1912+without liability on the part of the buyer, except for the fair market value 1588
1913+of services actually received and the buyer shall be entitled to a refund 1589
1914+of the entire consideration paid for the health club contract, if any, less 1590
1915+the fair market value of the services or use of facilities already actually 1591
1916+received. Such right of cancellation shall not be affected by the terms of 1592
1917+the health club contract and may not be waived or otherwise 1593
1918+Raised Bill No. 1357
1919+
1920+
1921+
1922+LCO No. 4689 52 of 84
1923+
1924+surrendered. 1594
1925+(b) (1) [Such] Each health club contract [for health club services] shall 1595
1926+also [contain a clause providing] provide that: 1596
1927+(A) The buyer or the buyer's estate shall be relieved of any further 1597
1928+payment obligation not due and owing under such contract (i) if the 1598
1929+person receiving the benefits of such contract (I) relocates further than 1599
1930+twenty-five miles from a health club [facility] location operated by the 1600
1931+[seller] health club or a substantially similar health club [facility] 1601
1932+location which would accept the [seller's obligation] health club's 1602
1933+obligations under [the] such contract, or (II) dies during the membership 1603
1934+term following the effective date of such contract, or (ii) if the health club 1604
1935+ceases operation at the health club location where the buyer entered into 1605
1936+[the] such contract; [, the buyer or his estate shall be relieved of any 1606
1937+further obligation for payment under the contract not then due and 1607
1938+owing. The contract shall also provide that if] 1608
1939+(B) If the buyer becomes disabled during the membership term, the 1609
1940+buyer shall have the option of [(1)] (i) being relieved of liability for 1610
1941+payment on that portion of the contract term for which the buyer is 1611
1942+disabled, or [(2)] (ii) extending the [duration of the] original term of such 1612
1943+contract, at no cost to the buyer, for a period equal to the duration of the 1613
1944+disability; [.] and 1614
1945+(C) The buyer may, at the buyer's option, void such contract 1615
1946+prospectively if (i) the health club ceases to offer facilities or amenities 1616
1947+that are substantially similar to the facilities or amenities that such 1617
1948+health club offered to the buyer when the buyer initially entered into 1618
1949+such contract, or (ii) the services offered under such contract are no 1619
1950+longer available, or are substantially unavailable, because the 1620
1951+operations of the health club have permanently discontinued or there 1621
1952+has been a substantial change in the operations of the health club 1622
1953+location primarily used by the buyer. 1623
1954+(2) For the purposes of this subsection, the health club location 1624
1955+Raised Bill No. 1357
1956+
1957+
1958+
1959+LCO No. 4689 53 of 84
1960+
1961+primarily used by the buyer shall be (A) the health club location 1625
1962+designated by the buyer as the buyer's preferred health club location for 1626
1963+delivery of services under the health club contract, or (B) if the buyer 1627
1964+does not designate a health club location as the buyer's preferred health 1628
1965+club location for delivery of services under the health club contract, the 1629
1966+health club location most frequented by the buyer during the preceding 1630
1967+calendar year. 1631
1968+(c) [The] A health club shall have the right to require and verify 1632
1969+reasonable evidence of relocation, disability or death. In the case of 1633
1970+disability, [the] a health club may require that documentation from a 1634
1971+licensed physician, a licensed physician assistant, a licensed advanced 1635
1972+practice registered nurse or another credentialed medical provider be 1636
1973+submitted as verification. 1637
1974+Sec. 32. Subsection (a) of section 21a-218 of the general statutes is 1638
1975+repealed and the following is substituted in lieu thereof (Effective October 1639
1976+1, 2025): 1640
1977+(a) A copy of the health club contract shall be delivered to the buyer 1641
1978+at the time the contract is signed. All health club contracts shall (1) be in 1642
1979+writing and signed by the buyer, (2) designate the date on which the 1643
1980+buyer actually signs the contract, (3) identify the address of the location 1644
1981+at which the buyer entered the contract, and (4) contain a statement of 1645
1982+the buyer's rights which complies with this section. The following 1646
1983+statement shall prominently and conspicuously appear, in at least 1647
1984+twelve-point font, at the top of the contract: 1648
1985+"BUYER'S RIGHT TO CANCEL 1649
1986+If you wish to cancel this contract, you may cancel by sending a 1650
1987+written notice stating that you do not wish to be bound by this contract. 1651
1988+The notice must be delivered or mailed before midnight of the third 1652
1989+business day after you sign this contract. The notice must be delivered 1653
1990+or mailed to: 1654
1991+Raised Bill No. 1357
1992+
1993+
1994+
1995+LCO No. 4689 54 of 84
1996+
1997+.... 1655
1998+.... 1656
1999+(Insert name, electronic mail address and mailing address for 1657
2000+cancellation notice.) 1658
2001+You may also cancel this contract if: 1659
2002+(1) You relocate your residence further than twenty-five (25) miles 1660
2003+from any health club operated by the seller or from any other 1661
2004+substantially similar health club which would accept the obligation of 1662
2005+the seller; 1663
2006+(2) You die; or 1664
2007+(3) The health club ceases operation at the location where you entered 1665
2008+into this contract or the location closest to your primary residence. 1666
2009+If you become disabled, you shall have the option of: 1667
2010+(1) Being relieved of liability for payment on that portion of the 1668
2011+contract term for which you are disabled; or 1669
2012+(2) Extending the duration of the original contract at no cost to you 1670
2013+for a period equal to the duration of the disability. 1671
2014+You must send a written notice of disability, which may be sent to the 1672
2015+health club in an electronic form. You may be required to prove such 1673
2016+disability by submitting documentation from a licensed physician, a 1674
2017+licensed physician assistant, a licensed advanced practice registered 1675
2018+nurse or another credentialed medical provider. If you cancel, the health 1676
2019+club may keep or collect an amount equal to the fair market value of the 1677
2020+services or use of facilities you have already received. 1678
2021+NOTICE OF GUARANTY FUND 1679
2022+The Connecticut Health Club Guaranty Fund is administered by the 1680
2023+Raised Bill No. 1357
2024+
2025+
2026+
2027+LCO No. 4689 55 of 84
2028+
2029+Department of Consumer Protection to protect consumers who have a 1681
2030+health club contract with a club that closes down or moves. If a health 1682
2031+club is no longer operating at the location where you entered into the 1683
2032+contract, you may be eligible for reimbursement through the fund. For 1684
2033+further information, and to apply to the fund, please visit (insert 1685
2034+Department of Consumer Protection's Internet web site address) or 1686
2035+contact the department by phone at (insert Department of Consumer 1687
2036+Protection's main telephone number)." 1688
2037+Sec. 33. Subsections (a) and (b) of section 21a-223 of the general 1689
2038+statutes are repealed and the following is substituted in lieu thereof 1690
2039+(Effective October 1, 2025): 1691
2040+(a) Each individual place of business of each health club shall obtain 1692
2041+a license from the Department of Consumer Protection prior to the sale 1693
2042+of any health club contract. Application for such license shall be made 1694
2043+on forms provided by the Commissioner of Consumer Protection and 1695
2044+said commissioner shall require as a condition to the issuance and 1696
2045+renewal of any license obtained under this chapter (1) that the applicant 1697
2046+provide for and maintain on the premises of the health club sanitary 1698
2047+facilities; (2) that the applicant [, on and after October 1, 2022,] (A) (i) 1699
2048+provide and maintain in a readily accessible location on the premises of 1700
2049+the health club at least one automatic external defibrillator, as defined 1701
2050+in section 19a-175, and (ii) make such location known to employees of 1702
2051+such health club, (B) ensure that at least one employee is on the premises 1703
2052+of such health club during staffed business hours who is trained in 1704
2053+cardiopulmonary resuscitation and the use of an automatic external 1705
2054+defibrillator in accordance with the standards set forth by the American 1706
2055+Red Cross or American Heart Association, (C) maintain and test the 1707
2056+automatic external defibrillator in accordance with the manufacturer's 1708
2057+guidelines, and (D) promptly notify a local emergency medical services 1709
2058+provider after each use of such automatic external defibrillator; (3) that 1710
2059+the application be accompanied by (A) a license or renewal fee of two 1711
2060+hundred fifty dollars, (B) a list of the equipment and each service that 1712
2061+the applicant intends to have available for use by buyers during the year 1713
2062+Raised Bill No. 1357
2063+
2064+
2065+
2066+LCO No. 4689 56 of 84
2067+
2068+of operations following licensure or renewal, and (C) an electronic copy 1714
2069+of each health club contract that the applicant is currently using or 1715
2070+intends to use; and (4) compliance with the requirements of section 21a-1716
2071+226, as amended by this act. Such licenses shall be renewed annually. 1717
2072+(b) No health club shall (1) engage in any act or practice that is in 1718
2073+violation of or contrary to the provisions of this chapter or any 1719
2074+regulation adopted to carry out the provisions of this chapter, including 1720
2075+the use of contracts that do not conform to the requirements of this 1721
2076+chapter, or (2) engage in conduct of a character likely to mislead, deceive 1722
2077+or defraud the buyer, the public or the commissioner. The 1723
2078+Commissioner of Consumer Protection may refuse to grant or renew a 1724
2079+license to, impose a civil penalty in an amount not to exceed one 1725
2080+thousand dollars per violation on or [may] suspend, place conditions on 1726
2081+or revoke the license of [,] any health club [which] that engages in any 1727
2082+conduct prohibited by this chapter. 1728
2083+Sec. 34. Subsections (g) and (h) of section 21a-226 of the general 1729
2084+statutes are repealed and the following is substituted in lieu thereof 1730
2085+(Effective October 1, 2025): 1731
2086+(g) After hearing, the commissioner shall issue an order requiring 1732
2087+payment from the guaranty fund of any sum the commissioner finds to 1733
2088+be payable upon such application. The total compensation payable from 1734
2089+the guaranty fund on the closing of any one health club location shall 1735
2090+not exceed [seventy-five thousand] one hundred twenty-five thousand 1736
2091+dollars. 1737
2092+(h) If the commissioner pays any amount as a result of a claim against 1738
2093+a health club pursuant to an order under subsection (g) of this section, 1739
2094+the health club shall pay the amount due plus interest at the rate of ten 1740
2095+per cent per year. A health club shall not be eligible to receive a new or 1741
2096+renewed license until the health club has repaid such amount in full. [, 1742
2097+plus interest at a rate to be determined by the commissioner.] All funds 1743
2098+paid pursuant to this subsection shall be deposited in the guaranty fund. 1744
2099+Raised Bill No. 1357
2100+
2101+
2102+
2103+LCO No. 4689 57 of 84
2104+
2105+Sec. 35. Subsection (a) of section 21a-430 of the general statutes is 1745
2106+repealed and the following is substituted in lieu thereof (Effective October 1746
2107+1, 2025): 1747
2108+(a) No person shall place or cause to be placed in a public place a 1748
2109+donation bin for the donation of clothing or other articles unless (1) such 1749
2110+person [has been granted permission] obtains advance written consent 1750
2111+from the owner of such public place, or such owner's duly authorized 1751
2112+agent, to place such donation bin, or cause such bin to be placed, in such 1752
2113+public place, [by the owner of such public place or by such owner's duly 1753
2114+authorized agent] and [unless] (2) such bin contains a notice, in block 1754
2115+letters at least two inches high, stating, [: (1) If] (A) if the donation is for 1755
2116+a charitable purpose, [(A)] (i) the name of the nonprofit organization 1756
2117+that will benefit from the donation, [and the percentage of the donated 1757
2118+articles or of the proceeds from the sale of the donated articles that the 1758
2119+nonprofit organization will receive from the owner of such bin,] [(B)] (ii) 1759
2120+the name and contact information of the owner of such bin, and [(C)] 1760
2121+(iii) that the public may contact the Department of Consumer Protection 1761
2122+for further information, or [(2)] (B) if not intended for a charitable 1762
2123+purpose, that such donation is not for a charitable purpose. Such notice 1763
2124+shall be on the same side of the bin where the donation is likely to be 1764
2125+made. As used in this section, "public place" means any area that is used 1765
2126+or held out for use by the public, whether owned or operated by public 1766
2127+or private interests, and "donation bin" means a large container 1767
2128+commonly placed in a parking lot for the purpose of encouraging 1768
2129+individuals to donate clothing or other items. 1769
2130+Sec. 36. Section 21a-434 of the general statutes is repealed and the 1770
2131+following is substituted in lieu thereof (Effective from passage): 1771
2132+(a) For purposes of this section, (1) "at retail" includes any retail 1772
2133+transaction conducted in person, excluding any transaction: (A) By 1773
2134+telephone, mail or the Internet, (B) for parking at a parking lot or a 1774
2135+parking garage, (C) at a wholesale club that sells consumer goods and 1775
2136+services through a membership model, (D) at a retail store selling 1776
2137+Raised Bill No. 1357
2138+
2139+
2140+
2141+LCO No. 4689 58 of 84
2142+
2143+consumer goods exclusively through a membership model that requires 1777
2144+payment by means of an affiliated mobile device application, (E) for the 1778
2145+rental of consumer goods, services or accommodations for which 1779
2146+posting of collateral or security is typically required, and (F) for 1780
2147+consumer goods or services provided exclusively to employees and 1781
2148+individuals other than customers who are authorized to be on the 1782
2149+employer's premises, and (2) "cash" means legal tender. 1783
2150+(b) [A] Except as provided in subsection (c) of this section, a person 1784
2151+selling or offering for sale goods or services at retail in this state shall 1785
2152+not: (1) Refuse to accept cash as a form of payment for such goods or 1786
2153+services, (2) post signs stating that cash payment is not accepted, or (3) 1787
2154+charge a customer paying cash a higher price than such customer would 1788
2155+pay using any other form of payment. 1789
2156+(c) A person selling or offering for sale goods or services at retail in 1790
2157+this state shall be deemed to have satisfied the requirements established 1791
2158+in subsection (b) of this section if the person provides a device to 1792
2159+consumers that converts cash into a prepaid card, and: 1793
2160+(1) Such person does not: 1794
2161+(A) Require payment of any fee for initial receipt of such prepaid 1795
2162+card; 1796
2163+(B) Charge any fee to use such prepaid card, including, but not 1797
2164+limited to, (i) a fee charged to (I) check the balance of such prepaid card, 1798
2165+or (II) deposit additional cash on such prepaid card, or (ii) any recurring 1799
2166+fee; 1800
2167+(C) Require payment of a minimum deposit for such prepaid card in 1801
2168+an amount that is greater than one dollar; 1802
2169+(D) Establish an expiration date for such prepaid card or otherwise 1803
2170+subject such prepaid card to an expiration date; 1804
2171+(E) Limit the number of transactions that may be completed by using 1805
2172+Raised Bill No. 1357
2173+
2174+
2175+
2176+LCO No. 4689 59 of 84
2177+
2178+such prepaid card; or 1806
2179+(F) Require a consumer to provide any personally identifiable 1807
2180+information, including, but not limited to, a telephone number, 1808
2181+electronic mail address or Social Security number, to receive or use such 1809
2182+prepaid card; 1810
2183+(2) Such device shall, upon request, provide a printed receipt to a 1811
2184+consumer indicating the amount of cash the consumer has deposited 1812
2185+onto such prepaid card; and 1813
2186+(3) In the event such device malfunctions, the retail store where such 1814
2187+device is located shall: 1815
2188+(A) Accept payment in cash from consumers until such device is 1816
2189+restored and satisfies the requirements established in this subsection; 1817
2190+and 1818
2191+(B) Post a sign in a conspicuous location on or immediately adjacent 1819
2192+to such device stating that such retail store is required by law to accept 1820
2193+cash if such device malfunctions. 1821
2194+[(c)] (d) The Commissioner of Consumer Protection may adopt 1822
2195+regulations, in accordance with chapter 54, to implement the provisions 1823
2196+of this section. 1824
2197+Sec. 37. Section 42-110d of the general statutes is repealed and the 1825
2198+following is substituted in lieu thereof (Effective from passage): 1826
2199+(a) For the purposes of this chapter the [commissioner] 1827
2200+Commissioner of Consumer Protection shall have the power to order an 1828
2201+investigation and examination to be made. In addition to other powers 1829
2202+conferred upon the commissioner by this chapter, the commissioner or 1830
2203+[his] the commissioner's authorized representatives may issue 1831
2204+subpoenas to any person involved in any matter under investigation 1832
2205+and examination, administer an oath or affirmation to any person, and 1833
2206+conduct hearings in aid of any investigation or examination, provided 1834
2207+Raised Bill No. 1357
2208+
2209+
2210+
2211+LCO No. 4689 60 of 84
2212+
2213+none of the powers conferred by this chapter shall be used for the 1835
2214+purpose of compelling any natural person to furnish testimony or 1836
2215+evidence which might tend to incriminate him or subject him to a 1837
2216+penalty or forfeiture. 1838
2217+(b) [Said commissioner] The Commissioner of Consumer Protection 1839
2218+or [said] the commissioner's authorized representatives shall have the 1840
2219+right to (1) enter any place or establishment within the state, at 1841
2220+reasonable times, for the purpose of making an investigation; (2) check 1842
2221+the invoices and records pertaining to costs and other transactions of 1843
2222+commodities; (3) take samples of commodities for evidence upon 1844
2223+tendering the market price therefor to the person having such 1845
2224+commodity in such person's custody; (4) subpoena documentary 1846
2225+material relating to such investigation; and (5) have access to, for the 1847
2226+purpose of examination, documentary material and the right to copy 1848
2227+and receive electronic copies of such documentary material of any 1849
2228+person being investigated or proceeded against. The commissioner or 1850
2229+the commissioner's authorized representatives shall have power to 1851
2230+require by subpoena the attendance and testimony of witnesses and the 1852
2231+production of all such documentary material relating to any matter 1853
2232+under investigation. 1854
2233+(c) In addition to other powers conferred upon the [commissioner, 1855
2234+said] Commissioner of Consumer Protection, the commissioner may 1856
2235+execute in writing and cause to be served, through reasonable efforts to 1857
2236+effectuate notice as set forth in section 21a-2, an investigative demand 1858
2237+upon any person suspected of using, having used or about to use any 1859
2238+method, act or practice declared by section 42-110b to be unlawful or 1860
2239+upon any person from whom [said] the commissioner wants assurance 1861
2240+that section 42-110b has not, is not or will not be violated. Such 1862
2241+investigative demand shall contain a description of the method, act or 1863
2242+practice under investigation, provide a reasonable time for compliance, 1864
2243+and require such person to furnish under oath or otherwise, as may be 1865
2244+specified in said demand, a report in writing setting forth relevant facts 1866
2245+or circumstances together with documentary material. Notwithstanding 1867
2246+Raised Bill No. 1357
2247+
2248+
2249+
2250+LCO No. 4689 61 of 84
2251+
2252+subsection [(f)] (h) of this section, responses to investigative demands 1868
2253+issued under this subsection may be withheld from public disclosure 1869
2254+during the full pendency of the investigation. 1870
2255+(d) [Said commissioner] The Commissioner of Consumer Protection, 1871
2256+in conformance with sections 4-176e to 4-185, inclusive, whenever the 1872
2257+commissioner has reason to believe that any person has been engaged 1873
2258+or is engaged in an alleged violation of any provision of this chapter, 1874
2259+shall deliver to such person, in a manner that is sufficient to effectuate 1875
2260+notice as set forth in section 21a-2, a complaint stating the charges and 1876
2261+containing a notice of a hearing, to be held upon a day and at a place 1877
2262+therein fixed at least fifteen days after the date of such complaint. The 1878
2263+person so notified shall have the right to file a written answer to the 1879
2264+complaint and charges therein stated and appear at the time and place 1880
2265+so fixed for such hearing, in person or otherwise, with or without 1881
2266+counsel, and submit testimony and be fully heard. Any person may 1882
2267+make application, and upon good cause shown shall be allowed by the 1883
2268+commissioner to intervene and appear in such proceeding by counsel or 1884
2269+in person. The testimony in any such proceeding, including the 1885
2270+testimony of any intervening person, shall be under oath and shall either 1886
2271+be reduced to writing by the recording officer of the hearing or recorded 1887
2272+in an audio or audiovisual format. The commissioner or the 1888
2273+commissioner's authorized representatives shall have the power to 1889
2274+require by subpoena the attendance and testimony of witnesses and the 1890
2275+production of any documentary material at such proceeding. If upon 1891
2276+such hearing the commissioner is of the opinion that the method of 1892
2277+competition or the act or practice in question is prohibited by this 1893
2278+chapter, the commissioner or the commissioner's designee shall [make 1894
2279+a report in writing to the person complained of in which the 1895
2280+commissioner or such designee shall state the commissioner's or such 1896
2281+designee's findings as to the facts and shall forward by certified mail to] 1897
2282+issue a final decision, which may include orders for such person [an 1898
2283+order] to cease and desist from using such methods of competition or 1899
2284+such act or practice. The commissioner may impose a civil penalty, in an 1900
2285+Raised Bill No. 1357
2286+
2287+
2288+
2289+LCO No. 4689 62 of 84
2290+
2291+amount not to exceed the amount set forth in subsection (b) of section 1901
2292+42-110o, after a hearing conducted pursuant to chapter 54, [or, if the 1902
2293+amount involved is less than ten thousand dollars, an] and issue an 1903
2294+order directing restitution, or both. The commissioner may apply for the 1904
2295+enforcement of any cease and desist order, civil penalty, order directing 1905
2296+restitution or consent order issued or imposed under this chapter to the 1906
2297+superior court for the judicial district of Hartford, or to any judge thereof 1907
2298+if the same is not in session, for an order temporarily or permanently 1908
2299+restraining and enjoining any person from continuing any violation of 1909
2300+such cease and desist order, an order directing payment of any civil 1910
2301+penalty or restitution or a consent order. Such application for a 1911
2302+temporary restraining order, temporary and permanent injunction, 1912
2303+order directing payment of any civil penalty or restitution and for such 1913
2304+other appropriate decree or process shall be brought and the 1914
2305+proceedings thereon conducted by the Attorney General. 1915
2306+(e) If the Commissioner of Consumer Protection determines that the 1916
2307+public health, safety or welfare imperatively requires emergency action, 1917
2308+the commissioner may order any person to cease and desist from any 1918
2309+act or practice the commissioner has reason to believe is in violation of 1919
2310+any provision of this chapter pending institution of administrative 1920
2311+proceedings pursuant to subsection (d) of this section, which 1921
2312+administrative proceedings shall be promptly instituted and resolved. 1922
2313+The commissioner shall not make such determination unless the 1923
2314+commissioner has concluded, based on the nature, severity and 1924
2315+duration of the anticipated harm, that immediate correction or cessation 1925
2316+of operations is necessary in order to prevent injury or serious illness. 1926
2317+Upon the close of the record in an administrative proceeding on an 1927
2318+emergency order issued by the commissioner pursuant to this 1928
2319+subsection or forty-five calendar days after the issuance of such order, 1929
2320+whichever occurs first, any party named in such order may appeal from 1930
2321+such order, as a preliminary order, to the Superior Court in accordance 1931
2322+with the provisions of section 4-183. Such appeal to the Superior Court 1932
2323+shall not enjoin such emergency order during the pendency of such 1933
2324+Raised Bill No. 1357
2325+
2326+
2327+
2328+LCO No. 4689 63 of 84
2329+
2330+appeal unless so ordered by the Superior Court. Nothing in this 1934
2331+subsection shall be construed to limit the commissioner's ability to issue 1935
2332+a final decision following a hearing or the ability of any party named in 1936
2333+an emergency order issued pursuant to this subsection to appeal from a 1937
2334+final decision for the purposes of section 4-183. 1938
2335+(f) (1) (A) Unless otherwise prohibited by law, each person, firm or 1939
2336+corporation who is licensed under section 14-52 and engaged in the sale 1940
2337+or lease of any motor vehicle, as defined in section 42-179, as amended 1941
2338+by this act, shall clearly and conspicuously disclose, on a side window 1942
2339+of such motor vehicle, in a size, typeface and form approved by the 1943
2340+Commissioner of Motor Vehicles, and in each written advertisement for 1944
2341+sale or lease of such motor vehicle where the price for such motor 1945
2342+vehicle is displayed, each fee, charge or cost that (i) a person is required 1946
2343+to pay in order to purchase, lease or otherwise receive such motor 1947
2344+vehicle, and (ii) is associated with any add-on or service, including, but 1948
2345+not limited to, any vehicle identification number marking as set forth in 1949
2346+section 14-99h, door guard, mud flap, window visor, floor mat or 1950
2347+licensee maintenance or service contract. 1951
2348+(B) If any fee, charge or cost associated with any add-on or service 1952
2349+described in subparagraph (A)(ii) of this subdivision is not required by 1953
2350+law, the licensee shall clearly and conspicuously disclose such fee, 1954
2351+charge or cost on the retail purchase order for the motor vehicle, and on 1955
2352+a side window of such motor vehicle, in a size, typeface and form 1956
2353+approved by the Commissioner of Motor Vehicles. 1957
2354+(C) Notwithstanding subparagraphs (A) and (B) of this subdivision, 1958
2355+no person, firm or corporation who is licensed under section 14-52 and 1959
2356+engaged in the sale or lease of any motor vehicle, as defined in section 1960
2357+42-179, as amended by this act, shall be required to make the disclosures 1961
2358+required under said subparagraphs on a side window of such motor 1962
2359+vehicle if such person, firm or corporation does not have possession of 1963
2360+such motor vehicle in this state at the time such motor vehicle is sold or 1964
2361+leased. 1965
2362+Raised Bill No. 1357
2363+
2364+
2365+
2366+LCO No. 4689 64 of 84
2367+
2368+(2) Each order required under subsection (a) of section 14-62 1966
2369+evidencing a sale or lease of a motor vehicle shall contain a separate 1967
2370+section, prominently displayed in a size, typeface and form approved 1968
2371+by the Commissioner of Motor Vehicles, listing each fee, charge or cost 1969
2372+associated with any optional add-on or service that the buyer has agreed 1970
2373+to purchase. Such section shall clearly and conspicuously disclose that 1971
2374+each such fee, charge or cost is optional and not required by law. 1972
2375+[(e)] (g) In addition to any injunction issued pursuant to subsection 1973
2376+(d) of this section, the court may make such additional orders or 1974
2377+judgments as may be necessary to restore to any person in interest any 1975
2378+moneys or property, real or personal, which may have been acquired by 1976
2379+means of any practices prohibited by this chapter, including the 1977
2380+appointment of a receiver or the revocation of a license or certificate 1978
2381+authorizing the person subject to the order or injunction to engage in 1979
2382+business in this state, or both. 1980
2383+[(f)] (h) The [commissioner] Commissioner of Consumer Protection 1981
2384+or the Attorney General or their employees shall disclose, in accordance 1982
2385+with the provisions of the Freedom of Information Act, as defined in 1983
2386+section 1-200, all records concerning the investigation of any alleged 1984
2387+violation of any provision of this chapter, including, but not limited to, 1985
2388+any complaint initiating an investigation and all records of the 1986
2389+disposition or settlement of a complaint. For purposes of this section, 1987
2390+"disposition" shall include the following action or nonaction with 1988
2391+respect to any complaints or investigations: (1) No action taken because 1989
2392+of (A) a lack of jurisdiction, (B) unsubstantiated allegations, or (C) a lack 1990
2393+of sufficient information to draw a conclusion, as determined by the 1991
2394+commissioner, after investigation; (2) referral to another state agency, or 1992
2395+to a federal or local agency, or to law enforcement authorities; (3) an 1993
2396+acceptance of an assurance of voluntary compliance in accordance with 1994
2397+the provisions of section 42-110j, as amended by this act; and (4) formal 1995
2398+action taken, including the institution of administrative proceedings 1996
2399+pursuant to subsection (d) of this section or court proceedings pursuant 1997
2400+to section 42-110m, 42-110o or 42-110p. The commissioner may withhold 1998
2401+Raised Bill No. 1357
2402+
2403+
2404+
2405+LCO No. 4689 65 of 84
2406+
2407+such records from disclosure during the pendency of an investigation 1999
2408+or examination held in accordance with subsection (a) of this section, 2000
2409+but in no event shall the commissioner withhold any such records 2001
2410+longer than a period of eighteen months after the date on which the 2002
2411+initial complaint was filed with the commissioner or after the date on 2003
2412+which the investigation or examination was commenced, whichever is 2004
2413+earlier. Nothing herein shall be deemed to affect the rights of litigants, 2005
2414+including parties to administrative proceedings, under the laws of 2006
2415+discovery of this state. 2007
2416+Sec. 38. Section 42-110j of the general statutes is repealed and the 2008
2417+following is substituted in lieu thereof (Effective from passage): 2009
2418+In the administration of this chapter, the commissioner may accept 2010
2419+an assurance of voluntary compliance with respect to any method, act 2011
2420+or practice deemed in violation of this chapter from any person alleged 2012
2421+to be engaged or to have been engaged in such method, act or practice. 2013
2422+Such assurance may include an amount as a monetary settlement and 2014
2423+as restitution to aggrieved persons and for investigative costs. No such 2015
2424+assurance of voluntary compliance shall be considered an admission of 2016
2425+violation for any purpose. Matters thus closed may at any time be 2017
2426+reopened by the commissioner for further proceedings in the public 2018
2427+interest. In the event of any violation of the terms of an assurance of 2019
2428+voluntary compliance accepted under this section, the commissioner 2020
2429+may proceed as provided in sections 42-110d, as amended by this act, 2021
2430+and 42-110e or may request that the Attorney General apply in the name 2022
2431+of the state to the Superior Court for relief from such violation consistent 2023
2432+with section 42-110m. 2024
2433+Sec. 39. Section 42-134a of the general statutes is repealed and the 2025
2434+following is substituted in lieu thereof (Effective July 1, 2025): 2026
2435+As used in this chapter: 2027
2436+[(a)] (1) "Home solicitation sale" means a sale, lease, or rental of 2028
2437+consumer goods or services, whether under single or multiple contracts, 2029
2438+Raised Bill No. 1357
2439+
2440+
2441+
2442+LCO No. 4689 66 of 84
2443+
2444+in which the seller or his representative personally solicits the sale, 2030
2445+including those in response to or following an invitation by the buyer, 2031
2446+and the buyer's agreement or offer to purchase is made at a place other 2032
2447+than the place of business of the seller. The term "home solicitation sale" 2033
2448+does not include a transaction: [(1)] (A) Made pursuant to prior 2034
2449+negotiations in the course of a visit by the buyer to a retail business 2035
2450+establishment having a fixed, permanent location where goods are 2036
2451+exhibited or the services are offered for sale on a continuing basis; [(2)] 2037
2452+(B) in which the buyer has initiated the contact and the goods or services 2038
2453+are needed to meet a bona fide immediate personal emergency of the 2039
2454+buyer, and the buyer furnishes the seller with a separate dated and 2040
2455+signed personal statement in the buyer's handwriting describing the 2041
2456+situation requiring immediate remedy and expressly acknowledging 2042
2457+and waiving the right to cancel the sale within three business days; [(3)] 2043
2458+(C) conducted and consummated entirely by mail or telephone and 2044
2459+without any other contact between the buyer and the seller or its 2045
2460+representative prior to delivery of the goods or performance of the 2046
2461+services; [(4)] (D) in which the buyer has initiated the contact and 2047
2462+specifically requested the seller to visit his home for the purpose of 2048
2463+repairing or performing maintenance upon the buyer's personal 2049
2464+property. If in the course of such a visit, the seller sells the buyer the 2050
2465+right to receive additional services or goods other than replacement 2051
2466+parts necessarily used in performing the maintenance or in making the 2052
2467+repairs, the sale of those additional goods or services shall not come 2053
2468+within this exclusion; [(5)] (E) pertaining to the sale or rental of real 2054
2469+property, to the sale of insurance, to the sale of newspapers or to the sale 2055
2470+of securities or commodities by a broker-dealer registered with the 2056
2471+securities and exchange commission; [(6)] (F) made pursuant to a home 2057
2472+party plan sales and demonstration; or [(7)] (G) in the case of consumer 2058
2473+goods, other than magazine sales or subscriptions, where the purchase 2059
2474+price, whether under single or multiple contracts, does not exceed 2060
2475+twenty-five dollars. 2061
2476+[(b)] (2) "Consumer goods or services" means goods or services 2062
2477+Raised Bill No. 1357
2478+
2479+
2480+
2481+LCO No. 4689 67 of 84
2482+
2483+purchased, leased, or rented primarily for personal, family, or 2063
2484+household purposes, including courses of instruction or training 2064
2485+regardless of the purpose for which they are taken. 2065
2486+[(c)] (3) "Seller" means any person, partnership, corporation, limited 2066
2487+liability company or association engaged in home solicitation sales of 2067
2488+consumer goods or services. 2068
2489+[(d)] (4) "Place of business" means the main or permanent branch 2069
2490+office or local address of a seller. 2070
2491+[(e)] (5) "Purchase price" means the total price paid or to be paid for 2071
2492+the consumer goods or services, including all interest and service 2072
2493+charges. 2073
2494+[(f)] (6) "Business day" means any calendar day except Saturday, 2074
2495+Sunday or any [of the following business holidays: New Year's Day, 2075
2496+Washington's Birthday, Memorial Day, Independence Day, Labor Day, 2076
2497+Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day] 2077
2498+legal holiday designated, appointed or recommended under section 1-2078
2499+4. 2079
2500+Sec. 40. Subsection (a) of section 36a-671b of the general statutes is 2080
2501+repealed and the following is substituted in lieu thereof (Effective July 1, 2081
2502+2025): 2082
2503+(a) A debt negotiator shall provide to each debtor a contract that shall 2083
2504+include a complete, detailed list of services to be performed, the costs of 2084
2505+such services and the results to be achieved. Each debt negotiation 2085
2506+service contract shall contain (1) a statement certifying that the person 2086
2507+offering debt negotiation services has reviewed the consumer's debt, 2087
2508+and (2) an individualized evaluation of the likelihood that the proposed 2088
2509+debt negotiation services would reduce the consumer's debt or debt 2089
2510+service or, if appropriate, prevent the consumer's residential home from 2090
2511+being foreclosed. Each contract shall allow the consumer to cancel or 2091
2512+rescind such contract within three business days after the date on which 2092
2513+Raised Bill No. 1357
2514+
2515+
2516+
2517+LCO No. 4689 68 of 84
2518+
2519+the consumer signed the contract. Such contract shall contain a clear and 2093
2520+conspicuous caption that shall read, "Debtor's three-day right to cancel", 2094
2521+along with the following statement: "If you wish to cancel this contract, 2095
2522+you may cancel by mailing a written notice by certified or registered 2096
2523+mail to the address specified below. The notice shall state that you do 2097
2524+not wish to be bound by this contract and must be delivered or mailed 2098
2525+before midnight of the third business day after you sign this contract." 2099
2526+As used in this section, "business day" [has the same meaning as 2100
2527+provided in section 42-134a] means any calendar day except Sunday or 2101
2528+any of the following business holidays: New Year's Day, Washington's 2102
2529+Birthday, Memorial Day, Independence Day, Labor Day, Columbus 2103
2530+Day, Veterans Day, Thanksgiving Day and Christmas Day. 2104
2531+Sec. 41. Subdivision (4) of section 42-481 of the general statutes is 2105
2532+repealed and the following is substituted in lieu thereof (Effective July 1, 2106
2533+2025): 2107
2534+(4) "Sales representative" means a person who: (A) Establishes a 2108
2535+business relationship with a principal to solicit orders for products or 2109
2536+services, and (B) is compensated in whole, or in part, by commission. 2110
2537+"Sales representative" does not include an employee or a person who 2111
2538+places orders or purchases on the person's own account or for resale or 2112
2539+a seller, as defined in [subsection (c) of] section 42-134a, as amended by 2113
2540+this act; and 2114
2541+Sec. 42. Section 42-135a of the general statutes is repealed and the 2115
2542+following is substituted in lieu thereof (Effective July 1, 2025): 2116
2543+No agreement in a home solicitation sale shall be effective against the 2117
2544+buyer if [it] the agreement is not signed and dated by the buyer or if the 2118
2545+seller shall: 2119
2546+(1) Fail to furnish the buyer with a fully completed receipt or copy of 2120
2547+all contracts and documents pertaining to such sale at the time of its 2121
2548+execution, which contract shall be in the same language as that 2122
2549+principally used in the oral sales presentation and which shall show the 2123
2550+Raised Bill No. 1357
2551+
2552+
2553+
2554+LCO No. 4689 69 of 84
2555+
2556+date of the transaction and shall contain the name and address of the 2124
2557+seller, and in immediate proximity to the space reserved in the contract 2125
2558+for the signature of the buyer, or on the front page of the receipt if a 2126
2559+contract is not used, and in boldface type of a minimum size of [ten] 2127
2560+twelve points, a statement in substantially the following form: 2128
2561+YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY 2129
2562+TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER 2130
2563+THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE 2131
2564+OF CANCELLATION FORM FOR AN EXPLANATION OF THIS 2132
2565+RIGHT. 2133
2566+(2) Fail to furnish each buyer, at the time such buyer signs the home 2134
2567+solicitation sales contract or otherwise agrees to buy consumer goods or 2135
2568+services from the seller, a [completed] form completed by the seller in 2136
2569+duplicate, captioned "NOTICE OF CANCELLATION", which shall be 2137
2570+attached to the contract or receipt and easily detachable, and which shall 2138
2571+contain in [ten-point] twelve-point boldface type the following 2139
2572+information and statements in the same language as that used in the 2140
2573+contract: 2141
2574+[NOTICE OF CANCELLATION 2142
2575+.... (Date of Transaction) 2143
2576+YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY 2144
2577+PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS 2145
2578+FROM THE ABOVE DATE. 2146
2579+IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS 2147
2580+MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY 2148
2581+NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE 2149
2582+RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT 2150
2583+BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY 2151
2584+SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL 2152
2585+BE CANCELLED. 2153
2586+Raised Bill No. 1357
2587+
2588+
2589+
2590+LCO No. 4689 70 of 84
2591+
2592+IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE 2154
2593+SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD 2155
2594+CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO 2156
2595+YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU 2157
2596+WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER 2158
2597+REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE 2159
2598+SELLER'S EXPENSE AND RISK. 2160
2599+IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER 2161
2600+AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY 2162
2601+DAYS OF THE DATE OF CANCELLATION, YOU MAY RETAIN OR 2163
2602+DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. 2164
2603+IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, 2165
2604+OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND 2166
2605+FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE 2167
2606+OF ALL OBLIGATIONS UNDER THE CONTRACT. 2168
2607+TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED 2169
2608+AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY 2170
2609+OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO .... (Name of 2171
2610+Seller) AT .... (Address of Seller's Place of Business) NOT LATER THAN 2172
2611+MIDNIGHT OF .... (Date) 2173
2612+I HEREBY CANCEL THIS TRANSACTION. 2174
2613+.... (Date) 2175
2614+.... (Buyer's Signature)] 2176
2615+"NOTICE OF CANCELLATION 2177
2616+Seller: (Seller's name inserted by seller) 2178
2617+Date of Transaction: (Date of transaction inserted by seller) 2179
2618+You have the right to cancel this contract or sale by following the 2180
2619+instructions in this notice. Your deadline is midnight on (date of the 2181
2620+Raised Bill No. 1357
2621+
2622+
2623+
2624+LCO No. 4689 71 of 84
2625+
2626+third business day after the date of the transaction, as inserted in 2182
2627+boldface type by seller) to cancel. You have until this deadline to sign, 2183
2628+date, and send this notice of cancellation to the Seller by email, fax, or 2184
2629+mail to the contact information listed below. 2185
2630+(Instructions for seller: To determine the third business day, start 2186
2631+counting on the day following the day when the transaction took place 2187
2632+and do not count Saturdays, Sundays, or days designated as legal 2188
2633+holidays in Connecticut.) 2189
2634+There is no penalty if you cancel. You do not have any legal 2190
2635+obligations under the contract if you cancel. If you cancel, the seller must 2191
2636+return to you any payments made by you, any property you traded in, 2192
2637+and any negotiable instrument executed by you, such as a personal 2193
2638+check, money order or promissory note. The seller has ten days after it 2194
2639+receives your cancellation notice to return those items to you. Any 2195
2640+security interest arising out of the transaction will be cancelled, such as 2196
2641+a legal claim or a lien on your property. 2197
2642+If you cancel, you must make available to the seller any goods 2198
2643+delivered to you under this contract or sale. The goods must be in 2199
2644+substantially as good condition as when you received them. The seller 2200
2645+can pick them up from your residence. If you make the goods available 2201
2646+to the seller and the seller does not pick them up, after twenty calendar 2202
2647+days have passed since you sent this notice to the seller, you may keep 2203
2648+or dispose of the goods. If you do not make the goods available to the 2204
2649+seller, you will still have to fulfill your contractual obligations. 2205
2650+The seller may also tell you how to return the goods to the seller at 2206
2651+the seller's own expense and risk, such as by mailing them to the seller. 2207
2652+You do not have to agree to return the goods to the seller yourself, but 2208
2653+if you agree to do so but fail to send the goods to the seller, you will still 2209
2654+have to fulfill your contractual obligations. 2210
2655+To cancel this contract or sale, you must sign and date this notice, and 2211
2656+send it either by email, by fax, or by regular mail to: 2212
2657+Raised Bill No. 1357
2658+
2659+
2660+
2661+LCO No. 4689 72 of 84
2662+
2663+(Seller's name inserted by seller) 2213
2664+Email: (Seller's business electronic mail address inserted by seller) 2214
2665+OR 2215
2666+Fax: (Seller's fax number inserted by seller) 2216
2667+OR 2217
2668+Regular mail: (Address of seller's place of business inserted by seller) 2218
2669+I hereby cancel this transaction. 2219
2670+Dated: 2220
2671+Signed:" 2221
2672+(3) Fail, before furnishing copies of the "Notice of Cancellation" to the 2222
2673+buyer, to complete both copies by entering the name of the seller, the 2223
2674+address of the seller's place of business, the date of the transaction, the 2224
2675+seller's business electronic mail address, if any, and the date, not earlier 2225
2676+than the third business day [following] after the date of the transaction, 2226
2677+by which the buyer may give notice of cancellation. 2227
2678+(4) Include in any home solicitation sale contract or receipt any 2228
2679+confession of judgment or any waiver of any of the rights to which the 2229
2680+buyer is entitled under this chapter, including specifically such buyer's 2230
2681+right to cancel the sale in accordance with the provisions of this section. 2231
2682+(5) Fail to inform each buyer, orally, at the time such buyer signs the 2232
2683+contract or purchases the goods or services, of such buyer's right to 2233
2684+cancel. 2234
2685+(6) Misrepresent in any manner the buyer's right to cancel. 2235
2686+(7) Fail or refuse to honor any valid notice of cancellation by a buyer 2236
2687+and within ten business days after the receipt of such notice, to (A) 2237
2688+Raised Bill No. 1357
2689+
2690+
2691+
2692+LCO No. 4689 73 of 84
2693+
2694+refund all payments made under the contract or sale; (B) return any 2238
2695+goods or property traded in, in substantially as good condition as when 2239
2696+received by the seller; (C) cancel and return any negotiable instrument 2240
2697+executed by the buyer in connection with the contract or sale and take 2241
2698+any action necessary or appropriate to terminate promptly any security 2242
2699+interest created in the transaction; and (D) cancel and return any 2243
2700+contract executed by the buyer in connection with the transaction. 2244
2701+(8) Negotiate, transfer, sell, or assign any note or other evidence of 2245
2702+indebtedness to a finance company or other third party prior to 2246
2703+midnight of the fifth business day following the date the contract was 2247
2704+signed or the goods or services purchased. 2248
2705+(9) Fail, within ten business days of receipt of the buyer's notice of 2249
2706+cancellation, to notify such buyer whether the seller intends to repossess 2250
2707+or to abandon any shipped or delivered goods. 2251
2708+(10) Fail, when providing a digital copy of the agreement by 2252
2709+electronic mail or any other electronic delivery method, to include the 2253
2710+following statement, immediately adjacent to the body of the message, 2254
2711+in at least twelve-point type or, if the body of the message is in larger 2255
2712+size type, the same size type as the body of the message: 2256
2713+PLEASE REVIEW IMPORTANT INFORMATION ABOUT YOUR 2257
2714+RIGHT TO CANCEL THIS AGREEMENT IN THE "NOTICE OF 2258
2715+CANCELLATION" BEING PROVIDED TO YOU . 2259
2716+Sec. 43. Subsection (g) of section 42-179 of the general statutes is 2260
2717+repealed and the following is substituted in lieu thereof (Effective July 1, 2261
2718+2025): 2262
2719+(g) (1) No motor vehicle which is returned to any person pursuant to 2263
2720+any provision of this chapter or in settlement of any dispute related to 2264
2721+any complaint made under the provisions of this chapter and which 2265
2722+requires replacement or refund shall be resold, transferred or leased in 2266
2723+the state without clear and conspicuous written disclosure of the fact 2267
2724+Raised Bill No. 1357
2725+
2726+
2727+
2728+LCO No. 4689 74 of 84
2729+
2730+that such motor vehicle was so returned prior to resale or lease. Such 2268
2731+disclosure shall be affixed to the motor vehicle and shall be included in 2269
2732+any contract for sale or lease. The Commissioner of Motor Vehicles shall, 2270
2733+by regulations adopted in accordance with the provisions of chapter 54, 2271
2734+prescribe the form and content of any such disclosure statement and 2272
2735+establish provisions by which the commissioner may remove such 2273
2736+written disclosure after such time as the commissioner may determine 2274
2737+that such motor vehicle is no longer defective. 2275
2738+(2) For any motor vehicle subject to a complaint made under the 2276
2739+provisions of this chapter, if a manufacturer accepts the return of a 2277
2740+motor vehicle or compensates any person who accepts the return of a 2278
2741+motor vehicle, whether the return is pursuant to an arbitration award or 2279
2742+settlement, such manufacturer shall stamp the words 2280
2743+"MANUFACTURER BUYBACK -LEMON" clearly and conspicuously 2281
2744+on the face of the original title in letters at least one-quarter inch high 2282
2745+and, not later than thirty days after receipt of the title, shall submit a 2283
2746+copy of the stamped title to the Department of Motor Vehicles and 2284
2747+electronically remit evidence of such submission to the Department of 2285
2748+Consumer Protection within such thirty-day period. The Department of 2286
2749+Motor Vehicles shall maintain a listing of such buyback vehicles and in 2287
2750+the case of any request for a title for a buyback vehicle, shall cause the 2288
2751+words "MANUFACTURER BUYBACK-LEMON" to appear clearly and 2289
2752+conspicuously on the face of the new title in letters which are at least 2290
2753+one-quarter inch high. Any person who applies for a title shall disclose 2291
2754+to the department the fact that such vehicle was returned as set forth in 2292
2755+this subsection. 2293
2756+(3) If a manufacturer accepts the return of a motor vehicle from a 2294
2757+consumer due to a nonconformity or defect, in exchange for a refund or 2295
2758+a replacement vehicle, whether as a result of an administrative or 2296
2759+judicial determination, an arbitration proceeding or a voluntary 2297
2760+settlement, the manufacturer shall notify the Department of Motor 2298
2761+Vehicles and shall provide the department with all relevant information, 2299
2762+including the year, make, model, vehicle identification number and 2300
2763+Raised Bill No. 1357
2764+
2765+
2766+
2767+LCO No. 4689 75 of 84
2768+
2769+prior title number of the vehicle. Such manufacturer shall stamp the 2301
2770+words "MANUFACTURER BUYBACK -LEMON" clearly and 2302
2771+conspicuously on the face of the original title in letters at least one-2303
2772+quarter-inch high, and, not later than thirty days after receipt of the title, 2304
2773+shall submit a copy of the stamped title to the Department of Motor 2305
2774+Vehicles and remit evidence of such submission to the Department of 2306
2775+Consumer Protection, in a form and manner prescribed by the 2307
2776+Commissioner of Consumer Protection, within such thirty-day period. 2308
2777+The Commissioner of Motor Vehicles shall adopt regulations in 2309
2778+accordance with chapter 54 specifying the format and time period in 2310
2779+which such information shall be provided and the nature of any 2311
2780+additional information which the commissioner may require. 2312
2781+(4) The provisions of this subsection shall apply to motor vehicles 2313
2782+originally returned in another state from a consumer due to a 2314
2783+nonconformity or defect in exchange for a refund or replacement vehicle 2315
2784+and which a lessor or transferor with actual knowledge subsequently 2316
2785+sells, transfers or leases in this state. 2317
2786+(5) If a manufacturer fails to stamp, submit and remit evidence of 2318
2787+submission of a title as required by this subsection within thirty days of 2319
2788+receipt of the title, the Department of Consumer Protection may impose 2320
2789+a fine not to exceed ten thousand dollars on the manufacturer. Any such 2321
2790+fine shall be deposited into the new automobile warranties account 2322
2791+established pursuant to section 42-190. A manufacturer that is aggrieved 2323
2792+by a fine imposed pursuant to this subsection may, within ten days of 2324
2793+receipt of written notice of such fine from the department, request, in 2325
2794+writing, a hearing. The department shall, upon the receipt of all 2326
2795+documentation necessary to evaluate the request, determine whether 2327
2796+circumstances beyond the manufacturer's control prevented 2328
2797+performance, and may conduct a hearing pursuant to chapter 54, if 2329
2798+appropriate. 2330
2799+Sec. 44. Section 42-158ff of the general statutes is repealed and the 2331
2800+following is substituted in lieu thereof (Effective October 1, 2025): 2332
2801+Raised Bill No. 1357
2802+
2803+
2804+
2805+LCO No. 4689 76 of 84
2806+
2807+(a) For the purposes of this section: 2333
2808+(1) "Automatic renewal provision" means any provision that is 2334
2809+included in a consumer agreement under which a business that is a 2335
2810+party to such agreement may renew such agreement without any action 2336
2811+on the part of a consumer who is a party to such agreement; 2337
2812+(2) "Business" means any individual or sole proprietorship, 2338
2813+partnership, firm, corporation, trust, limited liability company, limited 2339
2814+liability partnership, joint stock company, joint venture, association or 2340
2815+other legal entity through which commerce for profit or not for profit is 2341
2816+conducted; 2342
2817+(3) "Clearly and conspicuously disclose" means (A) for a disclosure 2343
2818+made electronically or in writing, to make such disclosure (i) in a 2344
2819+manner that may be retained by the consumer, and (ii) in text that is (I) 2345
2820+larger than the size of any surrounding text, or (II) the same size as the 2346
2821+surrounding text but in a typeface, font or color that contrasts with such 2347
2822+surrounding text or is set off from such surrounding text by symbols or 2348
2823+other marks that draw the consumer's attention to such disclosure, and 2349
2824+(B) for a disclosure made verbally or telephonically, to make such 2350
2825+disclosure in a volume and cadence that is readily audible to, and 2351
2826+understandable by, the consumer; 2352
2827+[(3)] (4) "Consumer" means any individual who is a resident of this 2353
2828+state and a prospective recipient of consumer goods or consumer 2354
2829+services; 2355
2830+[(4)] (5) "Consumer agreement" means any verbal, telephonic, written 2356
2831+or electronic agreement, initially entered into or amended on or after 2357
2832+October 1, 2023, between a business and a consumer under which a 2358
2833+business agrees to provide consumer goods or consumer services to a 2359
2834+consumer. "Consumer agreement" does not include any such agreement 2360
2835+(A) concerning any service provided by a business or its affiliate where 2361
2836+either the business or its affiliate is doing business pursuant to (i) a 2362
2837+franchise issued by a political subdivision of the state, or (ii) a license, 2363
2838+Raised Bill No. 1357
2839+
2840+
2841+
2842+LCO No. 4689 77 of 84
2843+
2844+franchise, certificate or other authorization issued by the Public Utilities 2364
2845+Regulatory Authority, (B) concerning any service provided by a 2365
2846+business or its affiliate where either the business or its affiliate is 2366
2847+regulated by the Public Utilities Regulatory Authority, the Federal 2367
2848+Communications Commission or the Federal Energy Regulatory 2368
2849+Commission, (C) with any entity regulated by the Insurance 2369
2850+Department or an affiliate of such entity, (D) with any bank, out-of-state 2370
2851+bank, bank holding company, Connecticut credit union, federal credit 2371
2852+union or out-of-state credit union, as said terms are defined in section 2372
2853+36a-2, or any subsidiary thereof, or (E) concerning any global or national 2373
2854+service largely or predominately consisting of audiovisual content; 2374
2855+[(5)] (6) "Consumer good" means any article that is purchased, leased, 2375
2856+exchanged or received primarily for personal, family or household 2376
2857+purposes; 2377
2858+[(6)] (7) "Consumer service" means any service that is purchased, 2378
2859+leased, exchanged or received primarily for personal, family or 2379
2860+household purposes; and 2380
2861+[(7)] (8) "Continuous services provision" means any provision that is 2381
2862+included in a consumer agreement under which a business that is a 2382
2863+party to such agreement may continue to provide consumer services to 2383
2864+a consumer who is a party to such agreement until the consumer takes 2384
2865+action to prevent or terminate such business's provision of such 2385
2866+consumer services under such agreement. 2386
2867+(b) (1) No business shall enter into, or offer to enter into, a consumer 2387
2868+agreement with a consumer if such agreement includes an automatic 2388
2869+renewal provision or a continuous services provision, unless: 2389
2870+(A) Such business establishes and maintains a toll-free telephone 2390
2871+number, an electronic mail address or postal address, or the online 2391
2872+means required under subsection (d) of this section, which the consumer 2392
2873+may use to prevent automatic renewal or prevent or terminate 2393
2874+continuous consumer services; 2394
2875+Raised Bill No. 1357
2876+
2877+
2878+
2879+LCO No. 4689 78 of 84
2880+
2881+(B) Where such consumer agreement contains an automatic renewal 2395
2882+provision, such business clearly and conspicuously discloses to the 2396
2883+consumer, [electronically, verbally, telephonically or in writing in the 2397
2884+manner specified in subdivision (2) of this subsection and] before such 2398
2885+automatic renewal, (i) that the business will automatically renew such 2399
2886+agreement until such consumer takes action to prevent such automatic 2400
2887+renewal, (ii) a description of the actions such consumer is required to 2401
2888+take to prevent any automatic renewal of such agreement and, if 2402
2889+disclosed electronically, a link or other electronic means such consumer 2403
2890+may use to take such actions as described in subsection (d) of this 2404
2891+section, (iii) all recurring charges that will be charged to the consumer's 2405
2892+credit card, debit card or third-party payment account for any automatic 2406
2893+renewal of such agreement and, if the amount of such charges is subject 2407
2894+to change, the amount of such change if known by such business, (iv) 2408
2895+the length of any automatic renewal term for such agreement unless the 2409
2896+consumer selects the length of such term, (v) any additional provisions 2410
2897+concerning such renewal term, (vi) any minimum purchase obligation, 2411
2898+and (vii) contact information for such business; 2412
2899+(C) Where such consumer agreement contains a continuous services 2413
2900+provision, such business clearly and conspicuously discloses to the 2414
2901+consumer, [electronically, verbally, telephonically or in writing in the 2415
2902+manner specified in subdivision (2) of this subsection and] before such 2416
2903+consumer enters into such agreement, (i) that the business will provide 2417
2904+continuous consumer services under such agreement until such 2418
2905+consumer takes action to prevent or terminate such continuous 2419
2906+consumer services, (ii) a description of the actions such consumer is 2420
2907+required to take to prevent or terminate such continuous consumer 2421
2908+services, (iii) all recurring charges that will be charged to the consumer's 2422
2909+credit card, debit card or third-party payment account for such 2423
2910+continuous consumer services and, if the amount of such charges is 2424
2911+subject to change, the amount of such change if known by such business, 2425
2912+(iv) the duration of such continuous consumer services, (v) any 2426
2913+additional provisions concerning such continuous consumer services, 2427
2914+Raised Bill No. 1357
2915+
2916+
2917+
2918+LCO No. 4689 79 of 84
2919+
2920+(vi) any minimum purchase obligation, and (vii) contact information for 2428
2921+such business; 2429
2922+(D) If such business intends to make any material change in the terms 2430
2923+of such automatic renewal provision or continuous services provision, 2431
2924+such business clearly and conspicuously discloses to the consumer, 2432
2925+[electronically, verbally, telephonically or in writing in the manner 2433
2926+specified in subdivision (2) of this subsection and] before such business 2434
2927+makes such material change, the material change and a description of 2435
2928+the actions such consumer is required to take to cancel such automatic 2436
2929+renewal or terminate such continuous consumer services; 2437
2930+(E) If such consumer agreement includes a free gift or trial period, 2438
2931+such business clearly and conspicuously discloses to the consumer, 2439
2932+[electronically, verbally, telephonically or in writing in the manner 2440
2933+specified in subdivision (2) of this subsection] before such consumer 2441
2934+enters into such agreement, (i) the price that such consumer will be 2442
2935+charged following expiration of such period, and (ii) any manner in 2443
2936+which the pricing for such agreement will change following expiration 2444
2937+of such period; and 2445
2938+(F) (i) Except as provided in subparagraph (F)(iii) of this subdivision, 2446
2939+if such consumer agreement is offered electronically or telephonically 2447
2940+and includes a free gift or trial period, or a discounted or promotional 2448
2941+price period, such business clearly and conspicuously discloses to the 2449
2942+consumer, [electronically or telephonically in the manner specified in 2450
2943+subdivision (2) of this subsection and] not later than the time specified 2451
2944+in subparagraph (F)(ii) of this subdivision, (I) that such business will 2452
2945+automatically renew, or provide continuous consumer services under, 2453
2946+such agreement until such consumer takes action to prevent such 2454
2947+automatic renewal or prevent or terminate such continuous consumer 2455
2948+services, (II) the duration of such automatic renewal term or continuous 2456
2949+consumer services, (III) any additional provisions concerning such 2457
2950+renewal term or continuous consumer services, (IV) a description of the 2458
2951+actions such consumer is required to take to prevent such automatic 2459
2952+Raised Bill No. 1357
2953+
2954+
2955+
2956+LCO No. 4689 80 of 84
2957+
2958+renewal or prevent or terminate such continuous consumer services, 2460
2959+and (V) if such agreement is offered electronically, a prominently 2461
2960+displayed direct link or button, or an electronic mail message, required 2462
2961+under subsection (d) of this section. 2463
2962+(ii) Except as provided in subparagraph (F)(iii) of this subdivision, if 2464
2963+such business is required to make a disclosure pursuant to 2465
2964+subparagraph (F)(i) of this subdivision, such business [makes such 2466
2965+disclosure] clearly and conspicuously discloses (I) where the free gift or 2467
2966+trial period, or discounted or promotional price period, is at least thirty-2468
2967+two days in duration, at least twenty-one days after such period 2469
2968+commences and not earlier than three days before such period expires, 2470
2969+or (II) where the free gift or trial period, or discounted or promotional 2471
2970+price period, is at least one year in duration, at least fifteen days but not 2472
2971+more than forty-five days before such period expires. 2473
2972+(iii) Such business shall not be required to make the disclosure 2474
2973+required under subparagraph (F)(i) or (F)(ii) of this subdivision if such 2475
2974+business has not collected, or does not maintain, the consumer's 2476
2975+electronic mail address or telephone number, as applicable, and is 2477
2976+unable to make such disclosure to such consumer by other electronic 2478
2977+means. For the purposes of subparagraphs (E) and (F) of this 2479
2978+subdivision, "free gift" does not include a free promotional item or gift 2480
2979+that a business gives to a consumer if such item or gift differs from the 2481
2980+consumer goods or consumer services that are the subject of the 2482
2981+consumer agreement between the business and the consumer. 2483
2982+(2) Each business that is required to make any disclosure under 2484
2983+subdivision (1) of this subsection shall: 2485
2984+(A) If the consumer agreement is offered, or entered into, 2486
2985+electronically or in writing, make such disclosure [(i) in a manner that 2487
2986+may be retained by the consumer, and (ii) in text that is (I) larger than 2488
2987+the size of any surrounding text, or (II) the same size as the surrounding 2489
2988+text but in a typeface, font or color that contrasts with such surrounding 2490
2989+Raised Bill No. 1357
2990+
2991+
2992+
2993+LCO No. 4689 81 of 84
2994+
2995+text or is set off from such surrounding text by symbols or other marks 2491
2996+that draw the consumer's attention to such disclosure] (i) clearly and 2492
2997+conspicuously, and (ii) electronically or in writing; or 2493
2998+(B) If the consumer agreement is offered, or entered into, verbally or 2494
2999+telephonically, make such disclosure [in a volume and cadence that is 2495
3000+readily audible to, and understandable by, the consumer] (i) clearly and 2496
3001+conspicuously, and (ii) verbally or telephonically. 2497
3002+(c) No business that enters into, or offers to enter into, a consumer 2498
3003+agreement that includes an automatic renewal provision or a 2499
3004+continuous services provision shall charge the consumer's credit card, 2500
3005+debit card or third-party payment account for any automatic renewal or 2501
3006+continuous consumer services, regardless of whether such renewal or 2502
3007+continuous consumer services are offered or provided at a promotional 2503
3008+or discounted price, unless such business has obtained such consumer's 2504
3009+affirmative consent to such renewal or continuous consumer services. 2505
3010+In considering whether a business has obtained affirmative consent in 2506
3011+accordance with the provisions of this subsection, a state agency or court 2507
3012+of competent jurisdiction shall consider, without limitation, whether the 2508
3013+business has produced a record of such affirmative consent obtained in 2509
3014+accordance with the provisions of sections 52-570d and 53a-189. 2510
3015+(d) (1) Each business that enters into a consumer agreement online 2511
3016+shall, if such agreement includes an automatic renewal provision or 2512
3017+continuous services provision, allow the consumer to take any action 2513
3018+necessary to prevent such automatic renewal or prevent or terminate 2514
3019+such continuous consumer services online and without requiring such 2515
3020+consumer to take any offline action to prevent such automatic renewal 2516
3021+or prevent or terminate such continuous consumer services. No 2517
3022+business that is subject to the provisions of this subdivision shall take 2518
3023+any action to obstruct or delay a consumer's efforts to prevent automatic 2519
3024+renewal of, or prevent or terminate provision of continuous consumer 2520
3025+services under, a consumer agreement pursuant to this subdivision. 2521
3026+Each business that is subject to the provisions of this subdivision shall 2522
3027+Raised Bill No. 1357
3028+
3029+
3030+
3031+LCO No. 4689 82 of 84
3032+
3033+enable a consumer to prevent automatic renewal of, or prevent or 2523
3034+terminate provision of continuous consumer services under, a consumer 2524
3035+agreement pursuant to this subdivision by way of: 2525
3036+(A) A prominently displayed direct link or button, which may be 2526
3037+located within the consumer's (i) account or profile, or (ii) device or user 2527
3038+settings; or 2528
3039+(B) An electronic mail message from the business to the consumer, 2529
3040+which is immediately accessible by the consumer and to which the 2530
3041+consumer may reply without obtaining any additional information. 2531
3042+(2) Notwithstanding subdivision (1) of this subsection, a business 2532
3043+may require a consumer who maintains an account with the business to 2533
3044+enter the consumer's account information, or otherwise authenticate 2534
3045+such consumer's identity, online before such consumer may take any 2535
3046+action to prevent automatic renewal of, or prevent or terminate 2536
3047+provision of continuous consumer services under, a consumer 2537
3048+agreement pursuant to subdivision (1) of this subsection. No consumer 2538
3049+who is unwilling or unable to enter the consumer's account information, 2539
3050+or otherwise authenticate such consumer's identity, online under this 2540
3051+subdivision shall be precluded from authenticating such consumer's 2541
3052+identity, or taking action to prevent such automatic renewal or prevent 2542
3053+or terminate provision of continuous consumer services, offline by any 2543
3054+other method set forth in subparagraph (A) of subdivision (1) of 2544
3055+subsection (b) of this section. 2545
3056+(e) Nothing in this section shall be construed to create a private right 2546
3057+of action. 2547
3058+Sec. 45. Sections 20-341s to 20-341bb, inclusive, of the general statutes 2548
3059+are repealed. (Effective October 1, 2025) 2549
28553060 This act shall take effect as follows and shall amend the following
28563061 sections:
28573062
2858-Section 1 from passage 20-289
2859-Sec. 2 from passage 20-290
2860-Sec. 3 from passage 20-292
2861-Sec. 4 from passage 20-298
2862-Sec. 5 July 1, 2025 20-314(c)
2863-Sec. 6 from passage 20-324e
2864-Sec. 7 from passage 20-333(b)
2865-Sec. 8 October 1, 2025 20-341 Substitute Bill No. 1357
2866-
2867-
2868-LCO 80 of 81
2869-
2870-Sec. 9 July 1, 2025 20-341gg(b)
2871-Sec. 10 from passage 20-417a
2872-Sec. 11 from passage 20-417i(d) to (n)
2873-Sec. 12 from passage 20-450
2874-Sec. 13 from passage 20-452
2875-Sec. 14 October 1, 2025 20-457
2876-Sec. 15 from passage 21-35b
2877-Sec. 16 from passage 21-35c
2878-Sec. 17 from passage 21-35d
2879-Sec. 18 from passage 21-35e
2880-Sec. 19 from passage 21-35f
2881-Sec. 20 July 1, 2025 21-82(a) to (h)
2882-Sec. 21 July 1, 2025 21-83c
2883-Sec. 22 July 1, 2025 47a-14h(a)
2884-Sec. 23 from passage 21a-9(c)
2885-Sec. 24 from passage 21a-11(a)
2886-Sec. 25 from passage 21a-38(a) and (b)
2887-Sec. 26 from passage 21a-54
2888-Sec. 27 October 1, 2025 21a-118(b)
2889-Sec. 28 from passage 21a-152(c) and (d)
2890-Sec. 29 October 1, 2025 21a-217
2891-Sec. 30 October 1, 2025 21a-218(a)
2892-Sec. 31 October 1, 2025 21a-223(a) and (b)
2893-Sec. 32 October 1, 2025 21a-226(g) and (h)
2894-Sec. 33 October 1, 2025 21a-430(a)
2895-Sec. 34 from passage 21a-434
2896-Sec. 35 from passage 42-110d
2897-Sec. 36 from passage 42-110j
2898-Sec. 37 July 1, 2025 42-134a
2899-Sec. 38 July 1, 2025 36a-671b(a)
2900-Sec. 39 July 1, 2025 42-481(4)
2901-Sec. 40 July 1, 2025 42-135a
2902-Sec. 41 July 1, 2025 42-179(g)
2903-Sec. 42 October 1, 2025 42-158ff
2904-Sec. 43 July 1, 2025 New section
2905-Sec. 44 July 1, 2025 New section
2906-Sec. 45 July 1, 2025 14-62(a)
2907-Sec. 46 October 1, 2025 Repealer section
2908- Substitute Bill No. 1357
2909-
2910-
2911-LCO 81 of 81
2912-
2913-Statement of Legislative Commissioners:
2914-In Section 3(d), "is (1) sixty-five" was changed to "[is] (1) is sixty-five" for
2915-internal consistency; in Section 8(b)(6), provisions were redrafted for
2916-clarity; in Section 44(2), "said subsection (c) of section 43 of this act" was
2917-changed to "said subsection" for conciseness; and in Section 45(a)(2), "of
2918-said subsection (c)" was changed to "of subsection (c)" for conciseness.
2919-
2920-GL Joint Favorable Subst.
3063+Raised Bill No. 1357
3064+
3065+
3066+
3067+LCO No. 4689 83 of 84
3068+
3069+Section 1 from passage 20-281(b)
3070+Sec. 2 from passage 20-281c(a) to (c)
3071+Sec. 3 from passage 20-289
3072+Sec. 4 from passage 20-290
3073+Sec. 5 from passage 20-292
3074+Sec. 6 from passage 20-298
3075+Sec. 7 July 1, 2025 20-314(c)
3076+Sec. 8 from passage 20-324e
3077+Sec. 9 from passage 20-333(b)
3078+Sec. 10 October 1, 2025 20-341
3079+Sec. 11 July 1, 2025 20-341gg(b)
3080+Sec. 12 from passage 20-417a
3081+Sec. 13 from passage 20-417i(d) to (n)
3082+Sec. 14 from passage 20-450
3083+Sec. 15 from passage 20-452
3084+Sec. 16 October 1, 2025 20-457
3085+Sec. 17 from passage 21-35b
3086+Sec. 18 from passage 21-35c
3087+Sec. 19 from passage 21-35d
3088+Sec. 20 from passage 21-35e
3089+Sec. 21 from passage 21-35f
3090+Sec. 22 July 1, 2025 21-82(a) to (h)
3091+Sec. 23 July 1, 2025 21-83c
3092+Sec. 24 July 1, 2025 47a-14h(a)
3093+Sec. 25 from passage 21a-9(c)
3094+Sec. 26 from passage 21a-11(a)
3095+Sec. 27 from passage 21a-38(a) and (b)
3096+Sec. 28 from passage 21a-54
3097+Sec. 29 October 1, 2025 21a-118(b)
3098+Sec. 30 from passage 21a-152(c) and (d)
3099+Sec. 31 October 1, 2025 21a-217
3100+Sec. 32 October 1, 2025 21a-218(a)
3101+Sec. 33 October 1, 2025 21a-223(a) and (b)
3102+Sec. 34 October 1, 2025 21a-226(g) and (h)
3103+Sec. 35 October 1, 2025 21a-430(a)
3104+Sec. 36 from passage 21a-434
3105+Sec. 37 from passage 42-110d
3106+Sec. 38 from passage 42-110j
3107+Sec. 39 July 1, 2025 42-134a
3108+Raised Bill No. 1357
3109+
3110+
3111+
3112+LCO No. 4689 84 of 84
3113+
3114+Sec. 40 July 1, 2025 36a-671b(a)
3115+Sec. 41 July 1, 2025 42-481(4)
3116+Sec. 42 July 1, 2025 42-135a
3117+Sec. 43 July 1, 2025 42-179(g)
3118+Sec. 44 October 1, 2025 42-158ff
3119+Sec. 45 October 1, 2025 Repealer section
3120+
3121+Statement of Purpose:
3122+To implement the Department of Consumer Protection's
3123+recommendations regarding (1) public accountancy and certified public
3124+accountants, (2) architects and the practice of architecture, (3) real estate
3125+licensees, (4) the skilled trades, (5) major contractors, (6) new home
3126+construction contractors and the New Home Construction Guaranty
3127+Fund, (7) community association managers, (8) closing-out sales, (9)
3128+mobile manufactured homes and mobile manufactured home parks,
3129+(10) the Commissioner of Consumer Protection's enforcement powers
3130+and the enforcement powers of various boards and commissions, (11)
3131+pure food and drugs, (12) the Connecticut Food, Drug and Cosmetic
3132+Act, (13) bakeries, food manufacturing establishments and food
3133+warehouses, (14) health clubs, (15) donation bins, (16) acceptance of cash
3134+as a form of payment, (17) the Connecticut Unfair Trade Practices Act,
3135+(18) the Home Solicitation Sales Act, (19) new motor vehicle warranties,
3136+(20) automatic renewal and continuous services provisions, and (21)
3137+mechanical contractors.
3138+
3139+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
3140+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
3141+underlined.]
29213142