Connecticut 2021 Regular Session Status: Enacted 3 R cosponsors

SB 266 — AN ACT CONCERNING REQUIREMENTS FOR HOME CONSTRUCTION CONTRACTORS AND HOME IMPROVEMENT CONTRACTORS AND SALESPERSONS, EXEMPTING CERTAIN PERSONS FROM LOCKSMITH REGISTRATION REQUIREMENTS AND EXPANDING THE APPLICABILITY OF THE SMALL CLAIMS PROCEDURE.

Last action — SIGNED BY GOVERNOR

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 22, 2021. Enacted.

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Advancing 60% · moderate confidence

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High

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  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    5 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 R).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

873 added · 894 removed

873 line(s) added, 894 removed.

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General Assembly Substitute Bill No.
Substitute Senate Bill No.
266 January Session, 2021 AN ACT CONCERNING NEW HOME CONSTRUCTION CONTRACTORS, HOME IMPROVEMENT CONTRACTORS, TRADE APPRENTICESHIPS AND LOCKSMITHS.
266 Public Act No.
21-197 AN ACT CONCERNING REQUIREMENTS FOR HOME CONSTRUCTION CONTRACTORS AND HOME IMPROVEMENT CONTRACTORS AND SALESPERSONS, EXEMPTING CERTAIN PERSONS FROM LOCKSMITH REGISTRATION REQUIREMENTS AND EXPANDING THE APPLICABILITY OF THE SMALL CLAIMS PROCEDURE.
The application shall include (1) the applicant's name, business street address and business telephone number, (2) the identity of the insurer that provides the applicant with insurance coverage for liability, (3) if such applicant is required by any provision of the general LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00266-R1 of 26 SB.docx Substitute Bill No.
The application shall include (1) the applicant's name, Substitute Senate Bill No.
266 statutes to have workers' compensation coverage, the identity of the insurer that provides the applicant with such workers' compensation coverage, [and] (4) if such applicant is required by any provision of the general statutes to have an agent for service of process, the name and address of such agent, and (5) proof of general liability insurance coverage in an amount not less than XXX dollars, demonstrated by providing the policy number and business name of the insurance provider.
266 business street address and business telephone number, (2) the identity of the insurer that provides the applicant with insurance coverage for liability, (3) if such applicant is required by any provision of the general statutes to have workers' compensation coverage, the identity of the insurer that provides the applicant with such workers' compensation coverage, [and] (4) if such applicant is required by any provision of the general statutes to have an agent for service of process, the name and address of such agent, and (5) proof of general liability insurance coverage in an amount not less than twenty thousand dollars, demonstrated by providing thepolicy number andbusinessname of the insurance provider.
Each such application shall be accompanied by a fee of [two] one hundred [forty] twenty dollars, except that no such application fee shall be required if such person has paid the registration fee required under section 20-421, as amended by this act, during any year in which such person's registration as a new home construction contractor would be valid.
Eachsuchapplicationshallbeaccompaniedby a fee of [two] one hundred [forty] twenty dollars, except that no such application fee shall be required if such person has paid the registration fee required under section 20-421, as amended by this act, during any year in which such person's registration as a new home construction contractor would be valid.
The fee for renewal of a certificate shall be the same as charged for the original application.
The fee for renewal of a certificate shall be the Public Act No.
[but shall be charged on a pro rata basis, based upon the application date for such renewal.] (f) Failure to receive a notice of expiration or a renewal application shall not exempt a new home construction contractor from the LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0022 of 26 R02-SB.docx } Substitute Bill No.
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266 obligation to renew.
266 same as charged for the original application.
[but shall be charged on a pro rata basis, based upon the application date for such renewal.] (f) Failure to receive a notice of expiration or a renewal application shall not exempt a new home construction contractor from the obligation to renew.
If a new home construction contractor does opt to engage in such home improvement, such new home construction contractor shall first notify the commissioner in writing and shall pay to the Department of Consumer Protection all the Home Improvement Guaranty Fund fees due pursuant to section 20- 432, as amended by this act.
If a new home construction contractor does opt to engage in such home improvement, such new home construction contractor shall first notify the commissioner in writing andshallpay to theDepartment ofConsumer Protectionany fee due to the Home Improvement Guaranty Fund pursuant to section 20- 432, as amended by this act.
(NEW) (Effective July 1, 2022) (a) (1) A contract, as defined in section 20-417a of the general statutes, shall not be valid or enforceable against a consumer unless it:
(NEW) (Effective July 1, 2022) (a) (1) As used in this section, "contract" has the same meaning as provided in section 20-417a of the general statutes.
A contract shall not be valid or enforceable against a consumer unless it:
(2) Each change in the terms and conditions of a contract, as defined in section 20-417a of the general statutes, shall be in writing and shall be signed by the new home construction contractor and the consumer, except that the commissioner may, by regulation, dispense with the necessity for complying with the provisions of this subdivision.
Public Act No.
(b) The new home construction contractor shall provide and deliver LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0023 of 26 R02-SB.docx } Substitute Bill No.
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266 to the consumer, without charge, a completed copy of the new home construction contract at the time such contract is executed.
266 (2) Each change in the terms and conditions of a contract shall be in writing and shall be signed by the new home construction contractor and the consumer, except that the commissioner may, by regulation adopted in accordance with the provisions of chapter 54 of the general statutes, dispense with the necessity for complying with the provisions of this subdivision.
(c) The commissioner may, by regulation, require the inclusion of additional contractual provisions for contracts, as defined in section 20- 417a of the general statutes.
(b) The new home construction contractor shall provide and deliver to the consumer, without charge, a completed copy of the new home construction contract at the time such contract is executed.
(c) The commissioner may, by regulation adopted in accordance with the provisions of chapter 54 of the general statutes, require the inclusion of additional contractual provisions for contracts.
(b) Each person who receives a certificate pursuant to sections 20- 417a to 20-417j, inclusive, shall pay a fee of [four] three hundred [eighty] forty dollars [biennially] annually to the [fund] New Home Construction Guaranty Fund.
(b) Each person who receives a certificate pursuant to sections 20- 417a to 20-417j, inclusive, shall pay a fee of [four] two hundred [eighty] forty dollars [biennially] annually to the [fund] New Home Construction Guaranty Fund.
(c) (1) For fiscal years commencing on or after July 1, 2003, payments received under subsection(b) ofthis sectionshallbe creditedto theNew Home Construction Guaranty Fund until the balance in the fund equals seven hundred fifty thousand dollars.
(c) (1) For fiscal years commencing on or after July 1, 2003, payments Public Act No.
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266 received under subsection(b) ofthis section shallbe creditedto theNew Home Construction Guaranty Fund until the balance in the fund equals seven hundred fifty thousand dollars.
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(2) Any money in the New Home Construction Guaranty Fund may be invested or reinvested in the same manner as funds of the state employees retirement system and the interest arising from such investments shall be credited to the fund.
266 (2) Any money in the New Home Construction Guaranty Fund may be invested or reinvested in the same manner as funds of the state employees retirement system and the interest arising from such investments shall be credited to the fund.
The application shall be made on forms provided by the commissioner and shall be accompanied by a copy of the decision, court judgment, order or decree obtained against the new home construction contractor together with a [notarized affidavit,] statement signed and sworn to by the consumer, affirming that the consumer has:
The application shall be made on forms provided by the commissioner and shall be accompanied by a copy of the decision, court judgment, order or decree obtained against the new home construction contractor together with a Public Act No.
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266 [notarized affidavit,] statement signed and sworn to by the consumer, affirming that the consumer has:
(2) obtained a decision, judgment, order or decree stating the amount of the decision, judgment, order or decree and the amount owing on the decision, judgment, order or decree at the date of application;and(3) madeagoodfaithefforttosatisfy any such decision, judgment, order or decree in accordance with the provisions of chapter 906 which effort may include causing to be issued a writ of execution upon such decision, judgment, order or decree but the officer executing the same has made a return showing that no bank accounts or personal property of such contractor liable to be levied upon in satisfaction of the decision, judgment, order or decree could be found, or that the amount LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0025 of 26 R02-SB.docx } Substitute Bill No.
(2) obtained a decision, judgment, order or decree stating the amount of the decision, judgment, order or decree and the amount owing on the decision, judgment, order or decree at the date of application;and(3) made agoodfaithefforttosatisfy any such decision, judgment, order or decree in accordance with the provisions of chapter which effort may include causing to be issued a writ of execution upon such decision, judgment, order or decree but the officer executing the same has made a return showing that no bank accounts or personal property of such contractor liable to be levied upon in satisfaction of the decision, judgment, order or decree could be found, or that the amount realized on the sale of them or of such of them as were found, under the execution, was insufficient to satisfy the actual damage portion of the decision, judgment, order or decree or stating the amount realized and the balance remaining due on the decision, judgment, order or decree after application on the decision, judgment, order or decree of the amount realized, except that the requirements of this subdivision shall not apply to a judgment, order or decree obtained by the consumer in small claims court.
266 realized on the sale of them or of such of them as were found, under the execution, was insufficient to satisfy the actual damage portion of the decision, judgment, order or decree or stating the amount realized and the balance remaining due on the decision, judgment, order or decree after application on the decision, judgment, order or decree of the amount realized, except that the requirements of this subdivision shall not apply to a judgment, order or decree obtained by the consumer in small claims court.
No application for an order directing payment out of the fund shall be made later than two years from the final determination of, or expiration of time for taking, an appeal of such decision, court judgment, order or decree and no such application shall be for an amount in excess of thirty thousand dollars.
No application for an order directing payment out of the fund shall be made later than two years from the final determination of, or expiration of time for taking, an appeal of such decision, court judgment, order or decree and Public Act No.
(e) Upon receipt of such application together with such copy of the decision, court judgment, order or decree, [notarized affidavit] statement and, except as otherwise provided in subsection (d) of this section, true and attested copy of the executing officer's return, the commissioner or the commissioner's designee shall inspect such documents for their veracity and upon a determination that such documents are complete and authentic and that the consumer has not been paid, the commissioner shall order payment out of the New Home Construction Guaranty Fund of the amount not exceeding thirty thousand dollars unpaid upon the decision, judgment, order or decree for actual damages and costs taxed by the court against the contractor, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0026 of 26 R02-SB.docx } Substitute Bill No.
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266 exclusive of punitive damages.
266 no such application shall be for an amount in excess of thirty thousand dollars.
(e) Upon receipt of such application together with such copy of the decision, court judgment, order or decree, [notarized affidavit] statement and, except as otherwise provided in subsection (d) of this section, true and attested copy of the executing officer's return, the commissioner or the commissioner's designee shall inspect such documents for their veracity and upon a determination that such documents are complete and authentic and that the consumer has not been paid, the commissioner shall order payment out of the New Home Construction Guaranty Fund of the amount not exceeding thirty thousand dollars unpaid upon the decision, judgment, order or decree for actual damages and costs taxed by the court against the contractor, exclusive of punitive damages.
The commissioner may issue such order upon a determination that the consumer has not been paid.
The commissioner may issue such order upon a determination that the Public Act No.
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266 consumer has not been paid.
If the new home construction contractor requests a hearing, in writing, by certified mail not later than fifteen days after receiving the notice from the commissioner, the commissioner shall grant such request and shall conduct a hearing in accordance with the provisions LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0027 of 26 R02-SB.docx } Substitute Bill No.
If the new home construction contractor requests a hearing, in writing, by certified mail not later than fifteen days after receiving the notice from the commissioner, the commissioner shall grant such request and shall conduct a hearing in accordance with the provisions of chapter 54.
266 of chapter 54.
(h) The commissioner or the commissioner's designee may proceed against any new home construction contractor holding a certificate or who has held a certificate under sections 20-417a to 20-417j, inclusive, within [the past] two years of the effective date of entering into the contract with the consumer, for an order of restitution arising from loss or damages sustained by any consumer as a result of any violation of the provisions of said sections 20-417a to 20-417j, inclusive.
(h) The commissioner or the commissioner's designee may proceed against any new home construction contractor holding a certificate or who has held a certificate under sections 20-417a to 20-417j, inclusive, within [the past] two years of the effective date of entering into the contract with the consumer, for an order of restitution arising from loss or damages sustained by any consumer as a result of any violation of Public Act No.
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266 the provisions of said sections 20-417a to 20-417j, inclusive.
(i) No application for an order directing payment out of the New LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0028 of 26 R02-SB.docx } Substitute Bill No.
(i) No application for an order directing payment out of the New Home Construction Guaranty Fund shall be made later than two years from the final determination of, or expiration of time for, an appeal in connection with any judgment, order or decree of restitution, and no such application shall be for an amount in excess of thirty thousand dollars.
266 Home Construction Guaranty Fund shall be made later than two years from the final determination of, or expiration of time for, an appeal in connection with any judgment, order or decree of restitution, and no such application shall be for an amount in excess of thirty thousand dollars.
(k) If the money deposited in the New Home Construction Guaranty Fund is insufficient to satisfy any duly authorized claim or portion of a claim, the commissioner shall, when sufficient money has been deposited in the fund, satisfy such unpaid claims or portions of claims not exceeding thirty thousand dollars, in the order that such claims or portions of claims were originally determined.
(k) If the money deposited in the New Home Construction Guaranty Fund is insufficient to satisfy any duly authorized claim or portion of a Public Act No.
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266 claim, the commissioner shall, when sufficient money has been deposited in the fund, satisfy such unpaid claims or portions of claims not exceeding thirty thousand dollars, in the order that such claims or portions of claims were originally determined.
If the commissioner discovers any such assets, the commissioner may request that the Attorney General take LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0029 of 26 R02-SB.docx } Substitute Bill No.
If the commissioner discovers any such assets, the commissioner may request that the Attorney General take any action necessary for the reimbursement of the fund.
266 any action necessary for the reimbursement of the fund.
(n) If the commissioner orders the payment of an amount as a result of a claim against a new home construction contractor, the commissioner may, after notice and hearing in accordance with the provisions of chapter 54, revoke the certificate of such contractor and such contractor shall not be eligible to receive a new or renewed certificate until such contractor has repaid such amount in full, plus interest from the time such payment is made from the New Home Construction Guaranty Fund, at a rate to be in accordance with section 37-3b, except that the commissioner may, in the commissioner's sole discretion, permit a new home construction contractor to receive a new or renewed certificate after such contractor has entered into an agreement with the commissioner whereby such contractor agrees to Public Act No.
(n) If the commissioner orders the payment of an amount as a result of a claim against a new home construction contractor, the commissioner may, after notice and hearing in accordance with the provisions of chapter 54, revoke the certificate of such contractor and such contractor shall not be eligible to receive a new or renewed certificate until such contractor has repaid such amount in full, plus interest from the time such payment is made from the New Home Construction Guaranty Fund, at a rate to be in accordance with section 37-3b, except that the commissioner may, in the commissioner's sole discretion, permit a new home construction contractor to receive a new or renewed certificate after such contractor has entered into an agreement with the commissioner whereby such contractor agrees to repay the fund in full in the form of periodic payments over a set period of time.
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266 repay the fund in full in the form of periodic payments over a set period of time.
"Contractor" does not include a person for whom the total price of all of his home improvement contracts with all of his customers does not exceed one thousand dollars LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0010 of 26 R02-SB.docx } Substitute Bill No.
"Contractor" does not include a person for whom the total price of all of his home improvement contracts with all of his customers does not exceed one thousand dollars during any period of twelve consecutive months.
266 during any period of twelve consecutive months.
(4) "Home improvement" includes, but is not limited to, the repair, replacement, remodeling, alteration, conversion, modernization, improvement, rehabilitation or sandblasting of, or addition to any land or building or that portion thereof which is used or designed to be used as a private residence, dwelling place or residential rental property, or the construction, replacement, installation or improvement of alarm systems not requiring electrical work, as defined in section 20-330, driveways, swimming pools, porches, garages, roofs, siding, insulation, sunrooms, flooring, patios, landscaping, fences, doors and windows, waterproofing, water, fire or storm restoration or mold remediation in Public Act No.
(4) "Home improvement" includes, but is not limited to, the repair, replacement, remodeling, alteration,conversion, modernization, improvement, rehabilitation or sandblasting of, or addition to any land or building or that portion thereof which is used or designed to be used as a private residence, dwelling place or residential rental property, or the construction, replacement, installation or improvement of alarm systems not requiring electrical work as defined by section 20-330, driveways, swimming pools, porches, garages, roofs, siding, insulation, sunrooms, flooring, patios, landscaping, fences, doors and windows, waterproofing, water, fire or storm restoration or mold remediation in connection with such land or building or that portion thereof which is used or designed to be used as a private residence, dwelling place or residentialrentalpropertyortheremovalorreplacementofaresidential underground heating oil storage tank system, in which the total price for allwork agreeduponbetweenthecontractorandownerorproposed or offered by the contractor exceeds two hundred dollars.
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266 connection with such land or building or that portion thereof which is used or designed to be used as a private residence, dwelling place or residentialrentalpropertyortheremovalorreplacementofaresidential underground heating oil storage tank system, in which the total price for allwork agreeduponbetweenthecontractorandownerorproposed or offered by the contractor exceeds two hundred dollars.
(6) "Owner" means a person who owns or resides in a private residence and includes any agent thereof, including, but not limited to, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0011 of 26 R02-SB.docx } Substitute Bill No.
(6) "Owner" means a person who owns or resides in a private residence and includes any agent thereof, including, but not limited to, a condominium association.
266 a condominium association.
(8) "Private residence" means a single family dwelling, a multifamily dwelling consisting of not more than six units, or a unit, common element or limited common element in a condominium, as defined in section47-68a, or ina commoninterest community,asdefinedinsection 47-202, or any number of condominium units for which a condominium association acts as an agent for such unit owners.
(8) "Private residence" means a single family dwelling, a multifamily dwelling consisting of not more than six units, or a unit, common element or limited common element in a condominium, as defined in Public Act No.
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266 section47-68a, or ina commoninterest community,asdefinedinsection 47-202, or any number of condominium units for which a condominium association acts as an agent for such unit owners.
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Sec.
266 Sec.
No such corporation shall be relieved of responsibility for the conduct and acts of its agents, employees or officers by reason of its compliance with the provisions of this section, nor shall any individual contractor be relieved of responsibility for home improvements performed by reason of his employment or relationship with such corporation.
No such corporation shall be relieved of responsibility for the conduct and acts of its agents, employees or officers by reason of its compliance with the provisions of Public Act No.
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266 this section, nor shall any individual contractor be relieved of responsibility for home improvements performed by reason of his employment or relationship with such corporation.
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(d) Each such corporation shall file with the commissioner upon application or renewal thereof a designation of an individual or individuals registered to perform home improvements in this state who shall direct or supervise the performance of home improvements by such corporation in this state.
266 (d) Each such corporation shall file with the commissioner upon application or renewal thereof a designation of an individual or individuals registered to perform home improvements in this state who shall direct or supervise the performance of home improvements by such corporation in this state.
Such corporation shall notify the commissioner ofany change insuch designationwithinthirty daysafter Public Act No.
Such corporation shall notify the commissioner ofany change insuch designationwithinthirty daysafter such change becomes effective.
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266 such change becomes effective.
The application shall include the applicant's name, residence address, business address, business telephone number, proof that the applicant has obtained general liability insurance coverage in an amount not less than XXX dollars, demonstrated by providing the policy number and business name of the insurance provider, and such other information as the commissioner may require.
The application shall include the applicant's name, residence address, business address, business telephone number, proof that the applicant has obtained general liability insurance coverage in an amount not less than twenty thousand dollars, demonstrated by providing the policy number and business name of the insurance provider, and such other information as the commissioner may require.
Section 20-432 of the general statutes is repealed and the LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00214 of 26 R02-SB.docx } Substitute Bill No.
Section 20-432 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022):
266 following is substituted in lieu thereof (Effective July 1, 2022):
(b) Each salesman who receives a certificate pursuant to this chapter shall pay a fee of forty dollars annually.
Public Act No.
Each contractor who receives a certificate pursuant to thischapter shallpay afee ofonehundreddollars annually to the guaranty fund.
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266 (b) Each salesman who receives a certificate pursuant to this chapter shallpay a feeoffortydollarsannually.Each contractor (1)who receives acertificatepursuanttothischapter,or(2)receivesacertificatepursuant tochapter399aandhasoptedtoengageinhomeimprovementpursuant to subsection (g) of section 20-417b, as amended by this act, shall pay a fee of one hundred dollars annually to the guaranty fund.
(d)Wheneveranownerobtainsabindingarbitrationdecision,acourt judgment, order or decree against any contractor holding a certificate or who has held a certificate under this chapter within [the past] two years of the effective date of entering into the contract with the owner, for loss or damages sustained by reason of performance of or offering to perform a home improvement within this state by a contractor holding a certificate under this chapter, such owner may, upon the final determination of, or expiration of time for, taking an appeal in LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0015 of 26 R02-SB.docx } Substitute Bill No.
(d)Wheneveranownerobtainsabindingarbitrationdecision,a court judgment, order or decree against any contractor holding a certificate or who has held a certificate under this chapter within [the past] two years of the effective date of entering into the contract with the owner, for loss or damages sustained by reason of performance of or offering to perform a home improvement within this state by a contractor holding a certificate under this chapter, such owner may, upon the final Public Act No.
266 connection with any such decision, judgment, order or decree, apply to the commissioner for an order directing payment out of said guaranty fund of the amount unpaid upon the decision, judgment, order or decree, for actual damages and costs taxed by the court against the contractor, exclusive of punitive damages.
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266 determination of, or expiration of time for, taking an appeal in connection with any such decision, judgment, order or decree, apply to the commissioner for an order directing payment out of said guaranty fund of the amount unpaid upon the decision, judgment, order or decree, for actual damages and costs taxed by the court against the contractor, exclusive of punitive damages.
and (3) he or she has caused to be issued a writ of execution upon said judgment, order or decree and the officer executing the same has made a return showing that no bank accounts or personal property of the contractor liable to be levied upon in satisfaction of the judgment, order or decree could be found, or that the amount realized on the sale of them or of such of them as were found, under the execution, was insufficient to satisfy the actual damage portion of the judgment, order or decree or stating the amount realized and the balance remaining due on the judgment, order or decree after application thereon of the amount realized, except that the requirements of this subdivision shall not apply to a judgment, order or decree obtained by the owner in small claims court.] A true and attested copy of said executing officer's return, when required, shall be attached tosuchapplication.[andaffidavit.]Noapplicationforanorderdirecting payment out of the guaranty fund shall be made later than two years after the final determination of, or expiration of time for, taking an appeal of said decision, court judgment, order or decree.
and (3) he or she has caused to be issued a writ of execution upon said judgment, order or decree and the officer executing the same has made a return showing that no bank accounts or personal property of the contractor liable to be levied upon in satisfaction of the judgment, order or decree could be found, or that the amount realized on the sale of them or of such of them as were found, under the execution, was insufficient to satisfy the actual damage portion of the judgment, order or decree or stating the amount realized and the balance remaining due on the judgment, order or decree after application thereon of the amount realized, except that the requirements of this subdivision shall not apply to a judgment, order or decree obtained by the owner in small claims court.
(e) Upon receipt of said application together with said copy of the decision, court judgment, order or decree, [notarized affidavit] and true and attested copy of the executing officer's return, the commissioner or his designee shall inspect such documents for their veracity and upon a determination that such documents are complete and authentic, and a determination that the owner has not been paid, the commissioner shall LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0016 of 26 R02-SB.docx } Substitute Bill No.
A true and attested copy of said executing officer's return, when required, shall be attached to such application and affidavit.] No application for an order directing payment out of the guaranty fund shall be made later than two years after the final determination of, or expiration of time for, taking an appeal of said decision, court judgment, order or decree.
266 order payment out of the guaranty fund of the amount unpaid upon the decision, judgment, order or decree for actual damages and costs taxed by the court against the contractor, exclusive of punitive damages.
(e) Upon receipt of said application together with said copy of the decision, court judgment, order or decree, [notarized affidavit] and true and attested copy of the executing officer's return, the commissioner or Public Act No.
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266 his designee shall inspect such documents for their veracity and upon a determination that such documents are complete and authentic, and a determination that the owner has not been paid, the commissioner shall order payment out of the guaranty fund of the amount unpaid upon the decision, judgment, order or decree for actual damages and costs taxed by the court against the contractor, exclusive of punitive damages.
Such notice shall be given to the contractor not later than fifteen days after receipt by the commissioner of the owner's application for an order directing payment out of the guaranty fund.
Such notice shall be given to the contractor not later than fifteen days after receipt by the commissioner of the Public Act No.
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266 owner's application for an order directing payment out of the guaranty fund.
If the LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0017 of 26 R02-SB.docx } Substitute Bill No.
If the commissioner does not receive a request by certified mail from the contractor for a hearing not later than fifteen days after the contractor's receipt of such notice, the commissioner shall determine that the owner has not been paid, and the commissioner shall issue an order directing payment out of the guaranty fund for the amount unpaid upon the judgment, order or decree for actual damages and costs taxed by the court against the contractor, exclusive of punitive damages, or for the amount unpaid upon the order of restitution.
266 commissioner does not receive a request by certified mail from the contractor for a hearing not later than fifteen days after the contractor's receipt of such notice, the commissioner shall determine that the owner has not been paid, and the commissioner shall issue an order directing payment out of the guaranty fund for the amount unpaid upon the judgment, order or decree for actual damages and costs taxed by the court against the contractor, exclusive of punitive damages, or for the amount unpaid upon the order of restitution.
In the course of such proceeding, the commissioner or his designee shalldecidewhether toexercise hispowerspursuant to section 20-426;
In the course of such proceeding, the commissioner or his designee shalldecide whether toexercise hispowerspursuant to section 20-426;
The commissioner or his designee may hear complaints of all owners submitting claims against a single contractor in one proceeding.
The commissioner or his designee may hear complaints of all owners submitting claims against a single contractor Public Act No.
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266 in one proceeding.
(j) Whenever the owner satisfies the commissioner or his designee LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0018 of 26 R02-SB.docx } Substitute Bill No.
(j) Whenever the owner satisfies the commissioner or his designee that it isnot practicable to comply with therequirementsof [subdivision (3) of] subsection (d) of this section and that the owner has taken all reasonable steps to collect the amount of the decision, judgment, order or decree or the unsatisfied part thereof and has been unable to collect the same, the commissioner or his designee may in his discretion dispense with the necessity for complying with such requirement.
266 that it isnot practicable to comply with therequirementsof [subdivision (3) of] subsection (d) of this section and that the owner has taken all reasonable steps to collect the amount of the decision, judgment, order or decree or the unsatisfied part thereof and has been unable to collect the same, the commissioner or his designee may in his discretion dispense with the necessity for complying with such requirement.
(m) Whenever the commissioner has caused any sum to be paid from the guaranty fund to an owner, the commissioner shall be subrogated to all of the rights of the owner up to the amount paid plus reasonable interest, and prior to receipt of any payment from the guaranty fund, the owner shall assign all of this right, title and interest in the claim up to such amount to the commissioner, and any amount and interest recovered by the commissioner on the claim shall be deposited to the guaranty fund.
(m) Whenever the commissioner has caused any sum to be paid from the guaranty fund to an owner, the commissioner shall be subrogated to all of the rights of the owner up to the amount paid plus reasonable interest, and prior to receipt of any payment from the guaranty fund, the owner shall assign all of this right, title and interest in the claim up Public Act No.
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266 to such amount to the commissioner, and any amount and interest recovered by the commissioner on the claim shall be deposited to the guaranty fund.
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0019 of 26 R02-SB.docx } Substitute Bill No.
(o) If the commissioner orders the payment of an amount as a result of a claim against a contractor, the commissioner may, after notice and hearing in accordance with the provisions of chapter 54, revoke the certificate of the contractor and the contractor shall not be eligible to receive a new or renewed certificate until he has repaid such amount in full, plus interest from the time said payment is made from the guaranty fund, at a rate to be in accordance with section 37-3b, except that the commissioner may, in his sole discretion, permit a contractor to receive a new or renewed certificate after that contractor has entered into an agreement with the commissioner whereby the contractor agrees to repay the guaranty fund in full in the form of periodic payments over a set period of time.
266 (o) If the commissioner orders the payment of an amount as a result of a claim against a contractor, the commissioner may, after notice and hearing in accordance with the provisions of chapter 54, revoke the certificate of the contractor and the contractor shall not be eligible to receive a new or renewed certificate until he has repaid such amount in full, plus interest from the time said payment is made from the guaranty fund, at a rate to be in accordance with section 37-3b, except that the commissioner may, in his sole discretion, permit a contractor to receive a new or renewed certificate after that contractor has entered into an agreement with the commissioner whereby the contractor agrees to repay the guaranty fund in full in the form of periodic payments over a set period of time.
Thecommissionermayrevoke,suspend, [or]refusetoissueorrenew, or place conditions upon the renewal of any certificate issued pursuant to sections 20-417a to 20-417j, inclusive, or place a registrant on probation or issue a letter of reprimand after notice and hearing in accordance with the provisions of chapter 54 concerning contested cases if it is shown that the holder of such certificate has:
Thecommissionermayrevoke,suspend,[or]refusetoissueorrenew, or place conditions upon the renewal of any certificate issued pursuant to sections 20-417a to 20-417j, inclusive, or place a registrant on probation or issue a letter of reprimand after notice and hearing in Public Act No.
21-197 21 of 28 Substitute Senate Bill No.
266 accordance with the provisions of chapter 54 concerning contested cases if it is shown that the holder of such certificate has:
(7) failed to timely complete any task, as specified in a written LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0020 of 26 R02-SB.docx } Substitute Bill No.
(7) failed to timely complete any task, as specified in a written contract of sale;
266 contract of sale;
No certificate shall be given to any person who holds himself or herself out to be a contractor that performs removal or replacement of any residential underground heating oil storage tank system unless such contractor provides evidence, satisfactory to the commissioner, that the contractor [(1)] (A) has completed a hazardous material training program approved by the Department of Energy and Environmental Protection, and [(2)] (B) has presentedevidenceofliabilityinsurancecoverageofonemilliondollars.
No certificate shall be Public Act No.
21-197 22 of 28 Substitute Senate Bill No.
266 given to any person who holds himself or herself out to be a contractor that performs removal or replacement of any residential underground heating oil storage tank system unless such contractor provides evidence, satisfactory to the commissioner, that the contractor [(1)] (A) has completed a hazardous material training program approved by the Department of Energy and Environmental Protection, and [(2)] (B) has presentedevidenceofliabilityinsurancecoverageofonemilliondollars.
(d) On and after July 1, 2008, a home improvement contractor shall LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00221 of 26 R02-SB.docx } Substitute Bill No.
(d) On and after July 1, 2008, a home improvement contractor shall not perform gas hearth product work, as defined in subdivision (22) of section 20-330, unless such home improvement contractor holds a limited contractor or journeyman gas hearth installer license pursuant to section 20-334f.
266 not perform gas hearth product work, as defined in subdivision (22) of section 20-330, unless such home improvement contractor holds a limited contractor or journeyman gas hearth installer license pursuant to section 20-334f.
(e) A retail establishment, which is a business that operates from a fixed location where goods or services are offered for sale, may apply annually for a certificate of registration as a salesperson on behalf of its employees if it employs or otherwise compensates one or more salespersons whose solicitation, negotiation and completion of sales are conducted entirely at the retail establishment or virtually or by phone.
(e) A retail establishment, which is a business that operates from a fixed location where goods or services are offered for sale, may apply foracertificateofregistrationasasalespersononbehalfofitsemployees if it employs or otherwise compensates one or more salespersons whose solicitation, negotiation and completion of sales are conducted entirely at the retail establishment or virtually or by phone.
If any person covered by the retail establishment's salesperson certificate of registration conducts activity covered by the salesperson credential at a place other than the retail establishment or virtually or by phone, such person shall apply for an individual salesperson certificate of registration using the form prescribed by the commissioner for such registrations and shall pay the corresponding application fee.
If any person covered by the Public Act No.
(f) Certificates of registration for salespersons issued to retail establishments shall not be transferable or assignable.
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A retail establishment that is a holder of a salesperson certificate, however, may remove an existing or former employee currently listed on the certification of registration and replace that person with a new or existing employee employed as a salesperson.
266 retail establishment's salesperson certificate of registration conducts activity covered by the salesperson credential at a place other than the retailestablishment or virtually or by phone,suchperson shallapply for an individual salesperson certificate of registration using the form prescribed by the commissioner for such registrations and shall pay the corresponding application fee.
If the retail establishment adds or removes salespeople, there shall be no refund or supplemental payment.Thefeeshallbebasedonthenumberofsalespeopleatthetime of each renewal.
(f) Certificates of registration for salespersons issued to retail establishments shall not be transferable or assignable, except a retail establishment that is a holder of a salesperson certificate may remove an existing or former employee currently listed on the certification of registration and replace such person with a new or existing employee employed as a salesperson.
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0022 of 26 R02-SB.docx } Substitute Bill No.
If the retail establishment adds or removes salespeople, there shall be no refund or supplemental payment.
266 Sec.
The fee shall be based on the number of salespeople at the time of each renewal.
Sec.
The application shall include the applicant's name, residence address, business address, business telephone number, a question as to whether the applicant has been convicted of a felony in any state or jurisdiction, and such other information as the commissioner may require.
The application shall include the applicant's name, residence address, business address, Public Act No.
21-197 24 of 28 Substitute Senate Bill No.
266 business telephone number, a question as to whether the applicant has been convicted of a felony in any state or jurisdiction, and such other information as the commissioner may require.
The registry shall contain the names and addresses of LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00223 of 26 R02-SB.docx } Substitute Bill No.
The registry shall contain the names and addresses of registered locksmiths and such other information as the commissioner may require.
266 registered locksmiths and such other information as the commissioner may require.
(B) automobile service dealers who service, install, repair or rebuild automobile locks;
(B) automobile service dealers who service, install, Public Act No.
21-197 25 of 28 Substitute Senate Bill No.
266 repair or rebuild automobile locks;
[and] (I) persons employed as security LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0024 of 26 R02-SB.docx } Substitute Bill No.
[and] (I) persons employed as security personnel at schools or institutions of higher education who open locks while acting in the course of their employment;
266 personnel at schools or institutions of higher education who open locks while acting in the course of their employment;
and (J) persons who service, install or repair electronic locks, access control devices or other similar locking devices that connect to an electronic security system, provided such persons maintain an electrical contractor or journeyperson licensed to perform such work as required pursuant to chapter 393.
and (J) persons who service, install or repair electronic locks, access control devices or other similar locking devices that connect to an electronic security system, provided such persons maintain an electricalcontractor or journeyperson licensed to perform such work as required pursuant to chapter 393.
(d) The procedure for the hearing and determination of small claims as the same may be prescribed, from time to time, by the judges of the Superior Court shallbeusedinallsmall claimssessionsofthecourt.The small claims procedure shall be applicable (1) to all actions, except actions of libel and slander, claiming money damages not in excess of five thousand dollars, (2) to actions claiming loss or damages not in excess of fifteen thousand dollars sustained by reason of performance of or offering to perform home improvement by a contractor holding a certificate under chapter 400 or pursuant to a contract for new home construction with a new home construction contractor holding a certificate under chapter 399a, and (3) to no other actions.
(d) The procedure for the hearing and determination of small claims as the same may be prescribed, from time to time, by the judges of the Public Act No.
If an action is brought in the small claims session by a tenant pursuant to subsection (g) of section 47a-21 to reclaim any part of a security deposit which may bedue, the judicial authority hearing theactionmay awardto thetenant the damages authorized by subsection (d) of said section and, if authorized by the rental agreement or any provision of the general statutes, costs, notwithstanding that the amount of such damages and costs, in the aggregate, exceeds the jurisdictional monetary limit established by this subsection.
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266 Superior Court shallbeusedinallsmall claimssessionsofthecourt.The smallclaims procedure shall only beapplicable to (1)allactions[,except actions of libel and slander,] claiming money damages not in excess of five thousand dollars, [and to no other actions] except such procedure shall not be applicable to actions of libel and slander, and (2) actions claiming loss or damages not in excess of fifteen thousand dollars sustained by reason of (A) performance of, or offer to perform, home improvement, as defined in section 20-419, as amended by this act, by a contractor holding a certificate under chapter 400, or (B) a contract for new home construction with a new home construction contractor holding a certificate under chapter 399a.
If an action is brought in the small claims session by a tenant pursuant to subsection (g) of section 47a-21 to reclaim any part of a security deposit which may be due, the judicial authority hearing the action may award to the tenant the damages authorized by subsection (d) of said section and, if authorized by the rental agreement or any provision of the general statutes, costs, notwithstanding that the amount of such damages and costs, in the aggregate, exceeds the jurisdictional monetary limit established by subdivision (1) of this subsection.
The Attorney General or an assistant attorney general, or the head of any state agency or his or her authorized representative, while acting in his or her official capacity LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00225 of 26 R02-SB.docx } Substitute Bill No.
The Attorney General or an assistant attorney general, or the head of any state agency or his or her authorized representative, while acting in his or her official capacity shall not be required to pay any small claims court fee.
266 shall not be required to pay any small claims court fee.
This act shall take effect as follows and shall amend the following sections:
Sec.
Section 1 July 1, 2022 20-417b Sec.
14.
2 July 1, 2022 New section Sec.
Subsection (c) of section 22-351a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022):
3 July 1, 2022 20-417i Sec.
(c) In addition to any economic damages awarded pursuant to subsection (b) of this section, and except as provided in subsection (d) of this section, the court may award punitive damages in an amount not Public Act No.
4 July 1, 2022 20-419 Sec.
21-197 27 of 28 Substitute Senate Bill No.
5 July 1, 2022 20-420a Sec.
266 to exceed the jurisdictional monetary limit established by subdivision (1) of subsection (d) of section 51-15, as amended by this act, together with a reasonable attorney's fee.
6 July 1, 2022 20-421(a) Sec.
Approved July 13, 2021 Public Act No.
7 July 1, 2022 20-427(e) Sec.
21-197 28 of 28
8 July 1, 2022 20-432 Sec.
9 July 1, 2022 20-417c Sec.
10 July 1, 2022 20-420 Sec.
11 from passage New section Sec.
12 July 1, 2021 20-691(b) Sec.
13 July 1, 2022 51-15(d) GL Joint Favorable Subst.
JUD Joint Favorable LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00266- 26 of 26 R02-SB.docx }
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 21-197

  5. IN CONCURRENCE

  6. HOUSE PASSED, SEN. AMEND. SCH. A

  7. HOUSE ADOPTED SEN. AMEND. SCH. A

  8. HOUSE CALENDAR NUMBER 579

  9. FAV. RPT., TABLED FOR HOUSE CALENDAR

  10. SEN. PASSED, SEN. AMEND. SCH. A

  11. SEN. ADOPTED SEN. AMEND. SCH. A

  12. FAV. RPT., TAB. FOR CAL., SEN.

  13. NO NEW FILE BY COMM. ON Judiciary

  14. RPTD. OUT OF LCO

  15. FILED WITH LCO

  16. Joint Favorable

  17. REF. BY SEN. TO COMM. ON Judiciary

  18. FILE NO. 14

  19. SENATE CALENDAR NUMBER 50

  20. FAV. RPT., TAB. FOR CAL., SEN.

  21. RPTD. OUT OF LCO

  22. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/03/21

  23. FILED WITH LCO

  24. Joint Favorable Substitute

  25. PUBLIC HEARING 0128

  26. REF. TO JOINT COMM. ON General Law

Sponsors

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5 sponsors · 0 co-sponsors · 182 not signed on

Sponsors (5)

Co-sponsors (0)

None.

Not signed on (182)

182 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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housing labor
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Frequently asked questions

Who sponsors SB 266?
SB 266 is sponsored by Joseph H. Zullo (Republican), Witkos, Kevin D., Tom Delnicki (Republican), Gucker, Kenneth M, and David Rutigliano (Republican).
What is the current status of SB 266?
This bill has been enacted into law. Introduced January 22, 2021. Enacted.
Where can I track SB 266?
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