HB 6767 — AN ACT CONCERNING THE DEPARTMENT OF CONSUMER PROTECTION'S RECOMMENDATIONS REGARDING LICENSING AND ENFORCEMENT.

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6767 regarding home heating dealers;

(l) [Any] (1) Except as provided in subdivision (2) of this subsection, sHB6767any /heating Filefuel No.dealer who violates any provision of this section shall be fined not more than five hundred dollars for the first offense, not more thansevenhundred fifty dollarsfor asecondoffense occurringnot more than three years after a prior offense and not more than one thousand five hundred dollars for a third or subsequent offense occurring not more than three years after a prior offense.

823 sHB6767 File No.

823 any heating fuel dealer who violates any provision of this section shall be fined not more than five hundred dollars for the first offense, not more thansevenhundredfifty dollarsfor asecondoffense occurringnot more than three years after a prior offense and not more than one thousand five hundred dollars for a third or subsequent offense occurring not more than three years after a prior offense.

(b)(1)Anyindividual whohasbeenconvictedofany criminaloffense may request, at any time, that the [board] Department of Consumer Protection determine whether such individual's criminal conviction disqualifies [the] such individual from obtaining a certificate or license issued or conferred [by the board] pursuant to this chapter based on (A) the nature of the conviction and its relationship to [the] such individual's ability to safely or competently perform the duties or responsibilitiesPublic associatedAct withNo. such certificate or license, (B) information pertaining to the degree of rehabilitation of [the] such individual, and (C) the time elapsed since the conviction or release of [the] such individual.

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6767 responsibilities associated with such certificate or license, (B) information pertaining to the degree of rehabilitation of [the] such individual, and (C) the time elapsed since the conviction or release of [the] such individual.

The board may charge a fee of not more than fifteen dollars for each request made sHB6767under /this Filesubsection. No.

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823 under this subsection.

(b)(1)Anyindividual whohasbeenconvictedofany criminalcriminaloffense offense may request, at any time, that the [commissioner] Department of ConsumerPublic ProtectionAct determineNo. whether such individual's criminal conviction disqualifies [the] such individual from obtaining a certificate or license issued or conferred [by the commissioner] pursuant to this chapter based on (A) the nature of the conviction and its relationship to [the] such individual's ability to safely or competently perform the duties or responsibilities associated with such certificate or license, (B) information pertaining to the degree of rehabilitation of [the] such individual, and (C) the time elapsed since the conviction or release of [the] such individual.

(2)23-99 An11 individual making [such] a request under subdivision (1) of this51 subsectionSubstitute shallHouse [includeBill (A)] make such request on a form, and in a manner, prescribed by the Commissioner of Consumer Protection, which form shall require the individual to (A) submit to state and national criminal history records checks conducted in accordance with section 29-17a, and (B) provide details of the individual's criminal sHB6767 / File No.

8236767 sHB6767Consumer FileProtection No.determine whether such individual's criminal conviction disqualifies [the] such individual from obtaining a certificate or license issued or conferred [by the commissioner] pursuant to this chapter based on (A) the nature of the conviction and its relationship to [the] such individual's ability to safely or competently perform the duties or responsibilities associated with such certificate or license, (B) information pertaining to the degree of rehabilitation of [the] such individual, and (C) the time elapsed since the conviction or release of [the] such individual.

823(2) An individual making [such] a request under subdivision (1) of this subsection shall [include (A)] make such request on a form, and in a manner, prescribed by the Commissioner of Consumer Protection, which form shall require the individual to (A) submit to state and national criminal history records checks conducted in accordance with section 29-17a, and (B) provide details of the individual's criminal conviction.

Sec.Public Act No.

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6767 Sec.

sHB6767(c) /An Filearchitect No.licensed in this state who holds a certificate of registration as an interior designer issued under chapter 396a shall be subject to (1) the continuing education requirements for registered interior designers established in subsections (f) and (g) of section 20- 377s, and (2) the fee for renewal of such certificate of registration established in subsection (e) of section 20-377s.

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823 (c) An architect licensed in this state who holds a certificate of registration as an interior designer issued under chapter 396a shall be subject to (1) the continuing education requirements for registered interior designers established in subsections (f) and (g) of section 20- 377s, and (2) the fee for renewal of such certificate of registration established in subsection (e) of section 20-377s.

(d)(1)Anyindividualwhohasbeenconvictedofanycriminaloffense may request, at any time, that the [commissioner] Department of Consumer Protection determine whether such individual's criminal conviction disqualifies [the] such individual from obtaining a [license or]Public certificateAct orNo. license issued or conferred [by the commissioner] pursuant to this chapter based on (A) the nature of the conviction and its relationship to [the] such individual's ability to safely or competently perform the duties or responsibilities associated with such certificate or license, (B) information pertaining to the degree of rehabilitationof [the] such individual, and (C) the time elapsed since the conviction or release of [the] such individual.

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6767 or] certificate or license issued or conferred [by the commissioner] pursuant to this chapter based on (A) the nature of the conviction and its relationship to [the] such individual's ability to safely or competently perform the duties or responsibilities associated with such certificate or license, (B) information pertaining to the degree of rehabilitationof [the] such individual, and (C) the time elapsed since the conviction or release of [the] such individual.

The commissioner may waive such fee.] (3) Not later than thirty days after receiving a complete request under subdivisions (1) and (2) of this subsection, the [commissioner] sHB6767department /shall Fileinform No.the individual making such request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a [license or] certificate or license issued pursuant to this chapter.

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823 department shall inform the individual making such request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a [license or] certificate or license issued pursuant to this chapter.

(a)Public AnyAct personNo. who wilfully engages in or practices the work or occupation for which a license is required by this chapter or chapter 399b without having first obtained an apprentice permit or a certificate and license for such work, as applicable, or who wilfully employs or supplies for employment a person who does not have a certificate and license for such work, or who wilfully and falsely pretends to qualify to engage in or practice such work or occupation, including, but not limited to, offering to perform such work in any print, electronic, televisionorradioadvertisingorlistingwhensuchpersondoesnothold a license for such work as required by this chapter, or who wilfully engages in or practices any of the work or occupations for which a license is required by this chapter after the expiration of such person's license, shall be guilty of a class B misdemeanor, except that no criminal charges shall be instituted against such person pursuant to this subsection unless the work activity in question is reviewed by the Commissioner of Consumer Protection, or the commissioner's authorized agent, and the commissioner or such agent specifically determines, in writing, that such work activity requires a license and is not the subject of a bona fide dispute between persons engaged in any trade or craft, whether licensed or unlicensed.

Notwithstanding23-99 the14 provisions of subsection51 (d)Substitute orHouse (e)Bill of section 53a-29 and subsection (d) of section 54-56e, if the court determines that such person cannot fully sHB6767 / File No.

8236767 sHB6767(a) FileAny No.person who wilfully engages in or practices the work or occupation for which a license is required by this chapter or chapter 399b without having first obtained an apprentice permit or a certificate and license for such work, as applicable, or who wilfully employs or supplies for employment a person who does not have a certificate and license for such work, or who wilfully and falsely pretends to qualify to engage in or practice such work or occupation, including, but not limited to, offering to perform such work in any print, electronic, televisionorradioadvertisingorlistingwhensuchpersondoesnothold a license for such work as required by this chapter, or who wilfully engages in or practices any of the work or occupations for which a license is required by this chapter after the expiration of such person's license, shall be guilty of a class B misdemeanor, except that no criminal charges shall be instituted against such person pursuant to this subsection unless the work activity in question is reviewed by the Commissioner of Consumer Protection, or the commissioner's authorized agent, and the commissioner or such agent specifically determines, in writing, that such work activity requires a license and is not the subject of a bona fide dispute between persons engaged in any trade or craft, whether licensed or unlicensed.

823Notwithstanding the provisions of subsection (d) or (e) of section 53a-29 and subsection (d) of section 54-56e, if the court determines that such person cannot fully repay any victims of such person within the period of probation established in subsection (d) or (e) of section 53a-29 or subsection (d) of section 54-56e, the court may impose probation for a period of not more than five years.

(b) The Commissioner of Consumer Protection may order any person who is not registered as an apprenticeship sponsor with the Labor Department andwho advertises,offers,engagesinor practicesthework ofa programofapprenticeshiptraining for thepurpose ofproviding the experiencePublic necessaryAct toNo. obtain a journeyperson's license under this chapter without first registering such program with the Labor Department pursuant to sections 31-22m to 31-22v, inclusive, to immediately cease and desist such advertising, offer, engagement or practice until such person and program are properly registered with the Labor Department pursuant to sections 31-22m to 31-22v, inclusive.

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6767 experience necessary to obtain a journeyperson's license under this chapter without first registering such program with the Labor Department pursuant to sections 31-22m to 31-22v, inclusive, to immediately cease and desist such advertising, offer, engagement or practice until such person and program are properly registered with the Labor Department pursuant to sections 31-22m to 31-22v, inclusive.

[(b)] (d) The appropriate examining board or the Commissioner of Consumer Protection may, after notice and a hearing conducted in sHB6767accordance /with Filechapter 54, impose a civil penalty for each violation on any person who (1) engages in or practices the work or occupation for which a license or apprentice registration certificate is required by this chapter, chapter 394, chapter 399b or chapter 482 without having first obtained such a license or certificate, or (2) wilfully employs or supplies for employment a person who does not have such a license or certificate or who wilfully and falsely pretends to qualify to engage in or practice such work or occupation, or (3) engages in or practices any of the work Public Act No.

82323-99 sHB676716 Fileof 51 Substitute House Bill No.

8236767 accordance with chapter 54, impose a civil penalty for each violation on any person who (1) engages in or practices the work or occupation for which a license or apprentice registration certificate is required by this chapter, chapter 394, chapter 399b or chapter 482 without having first obtained such a license or certificate, or (2) wilfully employs or supplies for employment a person who does not have such a license or certificate or who wilfully and falsely pretends to qualify to engage in or practice such work or occupation, or (3) engages in or practices any of the work or occupations for which a license or certificate is required by this chapter, chapter 394, chapter 399b or chapter 482 after the expiration of the license or certificate, or (4) violates any of the provisions of this chapter, chapter 394, chapter 399b or chapter 482 or the regulations adopted pursuant thereto.

[(e)] (g) This section shall not apply to any person who (1) holds a license issued under this chapter, chapter 394, chapter 399b or chapter 482 and performs work that is incidentally, directly and immediately sHB6767appropriate /to Filethe No.performance of such person's trade where such work commences at an outlet, receptacle or connection previously installed by a person holding the proper license, or (2) engages in work that does not require a license under this chapter, chapter 394, chapter 399b or chapter 482.

823Public sHB6767Act File No.

82323-99 appropriate17 to the performance of such51 person'sSubstitute tradeHouse whereBill suchNo. work commences at an outlet, receptacle or connection previously installed by a person holding the proper license, or (2) engages in work that does not require a license under this chapter, chapter 394, chapter 399b or chapter 482.

6767 Sec.

(d)(1)Anyindividualwhohasbeenconvictedofanycriminaloffense(d)(1)Anyindividual whohasbeenconvictedofanycriminaloffense may request, at any time, that the [commissioner] Department of Consumer Protection determine whether such individual's criminal conviction disqualifies [the] such individual from obtaining a registration issued or conferred by the commissioner pursuant to this section based on (A) the nature of the conviction and its relationship to [the] such individual's ability to safely or competently perform the duties or responsibilities associated with such [license] registration, (B) information pertaining to the degree of rehabilitation of [the] such individual, and (C) the time elapsed since the conviction or release of [the] such individual.

The commissioner may waive such fee.] (3) Not later than thirty days after receiving a complete request under subdivisions (1) and (2) of this subsection, the [commissioner] department shall inform the individual making such request whether, sHB6767based /on Filethe No.criminal record information submitted, such individual is disqualified from receiving or holding a registration issued pursuant to this section.

823Public sHB6767Act File No.

82323-99 based18 onof the51 criminalSubstitute recordHouse informationBill submitted,No. such individual is disqualified from receiving or holding a registration issued pursuant to this section.

6767 (4) The [commissioner] department is not bound by a determination made under this section [,] if, upon further investigation, the [commissioner] department determines that the individual's criminal conviction differs from the information presented in [the] such individual's determination request made under this subsection.

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 statutes to have workers' compensation coverage, the identity of the insurer that provides the applicant with such workers' compensation coverage, (4) if such applicant is required by any provision of the general statutes to haveanagentforserviceofprocess,thenameandaddressofsuchagent, and (5) proof of general liability insurance coverage in an amount not less than twenty thousand dollars, demonstrated by providing the sHB6767policy /number Fileand No.business name of the insurance provider.

823Each sHB6767such Fileapplication shall be accompanied by a fee of one hundred twenty Public Act No.

82323-99 policy19 numberof and51 businessSubstitute nameHouse ofBill theNo. insurance provider.

Each6767 such application shall be accompanied by a fee of one hundred 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 amendedbythisact,duringanyyearinwhichsuchperson'sregistration as a new home construction contractor would be valid.

sHB6767Public /Act File No.

82323-99 sHB676720 Fileof 51 Substitute House Bill No.

8236767 [(e) All certificates issued under the provisions of this chapter shall expire annually on the thirty-first day of March.

[(3)](4)(A)"Contractor"meansanypersonwho(i)ownsandoperates[(3)](4)(A)"Contractor"meansanypersonwho (i)ownsandoperates a home improvement business, or [who] (ii) undertakes, offers to undertakePublic orAct agreesNo. to perform any home improvement.

(B)23-99 "Contractor"21 doesof not51 includeSubstitute aHouse personBill for whom the total price sHB6767 / File No.

8236767 sHB6767undertake Fileor No.agrees to perform any home improvement.

823(B) "Contractor" does not include a person for whom the total price of all of [his] such person's home improvement contracts with all of [his] such person's customers does not exceed one thousand dollars during any period of twelve consecutive months.

(D)] (iv) the sale of appliances, such as stoves, refrigerators, freezers, room air conditioners and others, which are designed for and are easily removable from the premises without material alteration thereof,Public [;Act No.

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6767 thereof, [;

sHB6767[(5)] /(6) File"Home No.improvement contract" means an agreement between a contractor and an owner for the performance of a home improvement.

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823 [(5)] (6) "Home improvement contract" means an agreement between a contractor and an owner for the performance of a home improvement.

[(11)]Public (12)Act "ResidentialNo. underground heating oil storage tank system" means an underground storage tank system used with or without ancillary components in connection with real property composed of four or less residential units.

[(12)]23-99 (13)23 "Undergroundof storage51 tankSubstitute system"House meansBill an sHB6767 / File No.

8236767 sHB6767[(11)] File(12) No."Residential underground heating oil storage tank system" means an underground storage tank system used with or without ancillary components in connection with real property composed of four or less residential units.

823[(12)] (13) "Underground storage tank system" means an underground tank or combination of tanks, with any underground pipes or ancillary equipment or containment systems connected to such tank or tanks, used to contain an accumulation of petroleum, which volume is ten per cent or more beneath the surface of the ground.

(b)Public NoAct contractorNo. shall employ any salesman to procure business from an owner unless the salesman is registered under this chapter.

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6767 (b) No contractor shall employ any salesman to procure business from an owner unless the salesman is registered under this chapter.

(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 sHB6767limited /contractor Fileor No.journeyman gas hearth installer license pursuant to section 20-334f.

823 sHB6767 File No.

823 limited contractor or journeyman gas hearth installer license pursuant to section 20-334f.

(f) Certificates of registration for salespersons issued to retail establishmentsPublic shallAct notNo. 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.

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6767 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.

(g) A contractor or salesperson shall update, through the department's online licensing system, any application information the contractor or salesperson has provided to the department pursuant to sHB6767this /section, Fileincluding, No.but not limited to, any contact information, insurance information or criminal history for such contractor or salesperson, or, if such contractor is a business entity, criminal histories of the individual owners of such business entity, not later than thirty days after any change in such information.

823 sHB6767 File No.

823 this section, including, but not limited to, any contact information, insurance information or criminal history for such contractor or salesperson, or, if such contractor is a business entity, criminal histories of the individual owners of such business entity, not later than thirty days after any change in such information.

No such [corporation] business entity 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 improvementsperformedbyimprovementsperformed by reasonof [his] such individual contractor's employment or relationship with such [corporation] business entity.

The application shall (1) state the name and address of such [corporation] business entity, the city or town and the streetPublic andAct numberNo. where such [corporation] business entity is to maintain its principal place of business in this state and the names and addresses of [officers;

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6767 street and number where such [corporation] business entity is to maintain its principal place of business in this state and the names and addresses of [officers;

sHB6767(c) /Any Filecertificate No.issued by the commissioner pursuant to this section may be revoked, suspended, or have conditions placed upon the holder of the certificate by the commissioner after notice and a hearing in accordance with the provisions of chapter 54 concerning contested cases, if it is shown that the holder of such certificate has not conformed to the requirements of this chapter, that the certificate was obtained through fraud or misrepresentation or that [the contractor of record employed by or acting on behalf of such corporation has had his certificate of registration suspended or revoked by the commissioner] any individual owner of such home improvement contractor, if such registrant is a business entity, has been convicted of a crime that would preclude such registrant from holding such registration in accordance with section 46a-80.

823 sHB6767 File No.

823 (c) Any certificate issued by the commissioner pursuant to this section may be revoked, suspended, or have conditions placed upon the holder of the certificate by the commissioner after notice and a hearing in accordance with the provisions of chapter 54 concerning contested cases, if it is shown that the holder of such certificate has not conformed to the requirements of this chapter, that the certificate was obtained through fraud or misrepresentation or that [the contractor of record employed by or acting on behalf of such corporation has had his certificate of registration suspended or revoked by the commissioner] any individual owner of such home improvement contractor, if such registrant is a business entity, has been convicted of a crime that would preclude such registrant from holding such registration in accordance with section 46a-80.

(d) Each such [corporation] business entity 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 improvementsPublic byAct suchNo. [corporation] business entity in this state.

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6767 improvements by such [corporation] business entity in this state.

Such business entity sHB6767shall, /upon Filerequest No.by the commissioner or the commissioner's authorized representative, (1) immediately make such list and documents available to the commissioner or the commissioner's authorized representative for the purpose of inspecting and copying such list and documents, and (2) produce copies of such list and documents to the commissioner or the commissioner's authorized representative not later than two business days after the commissioner or the commissioner's authorized representative requests such copies.

823 sHB6767 File No.

823 shall, upon request by the commissioner or the commissioner's authorized representative, (1) immediately make such list and documents available to the commissioner or the commissioner's authorized representative for the purpose of inspecting and copying such list and documents, and (2) produce copies of such list and documents to the commissioner or the commissioner's authorized representative not later than two business days after the commissioner or the commissioner's authorized representative requests such copies.

(a)Public AnyAct personNo. seeking a certificate of registration shall apply to the commissioner online, on a form provided by the commissioner.

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6767 (a) Any person seeking a certificate of registration shall apply to the commissioner online, on a form provided by the commissioner.

(b) Each application for a certificate of registration as a home improvement contractor shall be accompanied by a fee of one hundred twenty dollars, except that no such application fee shall be required in sHB6767any /year Fileduring No.which such person has paid the registration fee required under section 20-417b, as amended by this act, or in any year in which such person's registration as a new home construction contractor is valid.

823 sHB6767 File No.

823 any year during which such person has paid the registration fee required under section 20-417b, as amended by this act, or in any year in which such person's registration as a new home construction contractor is valid.

Subsection (a) of section 20-426 of the general statutes is repealedPublic andAct theNo. following is substituted in lieu thereof (Effective from passage):

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6767 repealed and the following is substituted in lieu thereof (Effective from passage):

sHB6767Sec. / File No.

823 sHB6767 File No.

823 Sec.

(d) The commissioner may, after notice and a hearing in accordance with the provisions of chapter 54, impose a civil penalty on any person who engages in or practices the work or occupation for which a certificate of registration is required by this chapter without having first obtained such a certificate of registration or who wilfully employs or supplies for employment a person who does not have such a certificate of registration or who wilfully and falsely pretends to qualify to engage in or practice such work or occupation, or who engages in or practices any of the work or occupations for which a certificate of registration is requiredPublic byAct thisNo. chapter after the expiration of such person's certificate of registration or who violates any of the provisions of this chapter or the regulations adopted pursuant thereto.

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6767 required by this chapter after the expiration of such person's certificate of registration or who violates any of the provisions of this chapter or the regulations adopted pursuant thereto.

(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)] (f) of section 20-417b, as amended by this act, shall sHB6767pay /a Filefee No.of one hundred dollars annually to the guaranty fund.

823 sHB6767 File No.

823 pay a fee of one hundred dollars annually to the guaranty fund.

Subsection (m) of section 20-540 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):Public Act No.

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6767 passage):

The commissioner may waive such fee.] [(2)] (3) Not later than thirty days after receiving a complete request under subdivisions (1) and (2) of this subsection, the [commissioner] department shall inform the individual making such request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a [license or] certificate or license sHB6767issued /pursuant Fileto No.this section.

823 sHB6767 File No.

823 issued pursuant to this section.

Section 20-677 of the general statutes is repealed and the followingPublic isAct substitutedNo. in lieu thereof (Effective October 1, 2023):

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6767 following is substituted in lieu thereof (Effective October 1, 2023):

Prior to any sale or change in ownership sHB6767of /a Fileregistered No.homemaker-companion agency, each proposed new individual owner, or, if a proposed new owner is a business entity, the individual owners of such business entity, shall submit to state and national criminal history records checks as required under section 20- 672, unless:

823Public sHB6767Act File No.

82323-99 of33 a registered homemaker-companion agency, each proposed new individual owner, or, if a proposed new owner is a business entity, the individual owners of such51 businessSubstitute entity,House shallBill submitNo. to state and national criminal history records checks as required under section 20- 672, unless:

6767 (1) The proposed new owner (A) owns less than ten per cent of the shares or other equity interests in any publicly listed or traded homemaker-companion agency, and (B) will not engage in the day-to- day operations, or direct the management and policies, of the registered homemaker-companion agency that is the subject of the proposed sale or change in ownership;

The fee for renewal of a certificate shall bethe same astheas the feechargedfor anoriginalapplication pursuant to section 20-672.

(g) Not later than ten days before a homemaker-companion agency ceasesproviding allhomemaker servicesandcompanionservicesinthis state, the homemaker-companion agency shall send a written notice to sHB6767the /Department Fileof Consumer Protection disclosing the impending cessation and contact information that the department may use to contact such homemaker-companion agency to obtain additional Public Act No.

82323-99 sHB676734 Fileof 51 Substitute House Bill No.

8236767 the Department of Consumer Protection disclosing the impending cessation and contact information that the department may use to contact such homemaker-companion agency to obtain additional information.

(a) A homemaker-companion agency shall disclose, in writing, to a person who is scheduled to receive homemaker services or companion sHB6767services, /or Filesuch person's authorized representative, the full legal name Public Act No.

82323-99 sHB676735 Fileof 51 Substitute House Bill No.

8236767 services, or such person's authorized representative, the full legal name of the employee who will provide such services.

[provided by the agency.] In addition, any contract or service plan provided by a homemaker-companion agency to a person receiving homemaker services or companion services shall also provide conspicuous notice, in boldface type, disclosing (1) [of] the person's right to request changes to, or review of, the contract or service plan, (2) [of] that such agency shall provide at least sixty days' advance written notice to such person or such person's authorized representative disclosing any change in the rate for the same level or type of services provided and charged for such services, (3) the employees of such agency who, pursuant to section 20-678 are required to submit to a comprehensive backgroundcheck, [(3)](4)that upontherequest ofsuch person or an authorized representative of such person, such agency shall provide such person or representative of such person with written notice that a comprehensive background check, as required pursuant to section 20-678, was performed for all employees of such agency performing homemaker servicesor companion servicesfor suchperson, [(4)] (5) that such agency's records are available for inspection or audit by the Department of Consumer Protection, [(5)] (6) that the agency is not able to guarantee the extent to which its homemaker services or companion services will be covered under any insurance plan, and [(6)] (7) that such contract or service plan may be cancelled at any time by the client if such contract or service plan does not contain a specific period ofPublic duration.Act No.

No23-99 contract36 or service plan for the provision of homemaker51 sHB6767Substitute /House FileBill No.

8236767 sHB6767of Fileduration. No.

823No contract or companionservicesservice shallbevalidagainstplan for the provision of homemaker or companionservicesshallbevalidagainst thepersonwho receivesthe services or the authorized representative of such person, unless the contract or service plan has been signed by a duly authorized representative of the homemaker-companion agency and the person who receives the services or the authorized representative of such person.

(c)Public TheAct Commissioner of Consumer Protection may impose a [fine] late fee on any applicant who fails to renew a license, permit, certificate or registration [not later than] on or before the expiration date of such sHB6767 / File No.

82323-99 sHB676737 Fileof 51 Substitute House Bill No.

8236767 (c) The Commissioner of Consumer Protection may impose a [fine] late fee on any applicant who fails to renew a license, permit, certificate or registration [not later than] on or before the expiration date of such license, permit, certificate or registration.

(e)Whena license, permit, [certification]certificate orregistrationhas lapsed for a period longer than ninety days after its expiration date or thelengthofthelengthoftime time specifiedin any other provisionofthegeneralstatutes allowing [automatic] for its reinstatement, [or the general statutes are silent as to the period of time during which reinstatement of the license, permit,Public certificationAct orNo. registration is permissible] an applicant may apply [for reinstatement to the department] to the Department of Consumer Protection to reinstate such lapsed license, permit, certificate or registration.

Upon23-99 receipt38 of such51 completedSubstitute reinstatementHouse applicationBill and payment of the corresponding application fee, the department may, in the department's discretion and if such application sHB6767 / File No.

8236767 sHB6767permit, Filecertification No.or registration is permissible] an applicant may apply [for reinstatement to the department] to the Department of Consumer Protection to reinstate such lapsed license, permit, certificate or registration.

823Upon receipt of such completed reinstatement application and payment of the corresponding application fee, the department may, in the department's discretion and if such application [was] is made not later than three years after [the] such expiration date [allowing automatic reinstatement] or specified time, reinstate [the] such lapsed license, permit, [certification] certificate or registration without examination.

No person who had a license, permit, certificate or registration that lapsed during the three years immediately preceding the date of an application made pursuant to this subsection may seek a newlicense, permit, certificate orregistrationofthesame typeunder the samePublic name.Act No.

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6767 same name.

Subsection (a) of section 21a-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from sHB6767passage): / File No.

823 sHB6767 File No.

823 passage):

(2) Notwithstanding the provisions of the Freedom of Information Act, as defined in section 1-200, all records, papers and documents obtained during an investigation or enforcement action conducted pursuant to subdivision (1) of this subsection shall be confidential and not subject to disclosure under said act until such investigation or enforcement action has been finally adjudicated or otherwise settled or closed.Public Act No.

23-99 40 of 51 Substitute House Bill No.

6767 closed.

but, if the substance is not an added substance, such food shall not be considered adulterated under this clause if the quantity of such substance in such food would not sHB6767ordinarily /render Fileit No.injurious to health;

823 sHB6767 File No.

823 ordinarily render it injurious to health;

(3)Public IfAct itNo. bears or contains a color additive which is unsafe within the meaning of section 21a-104;

23-99 41 of 51 Substitute House Bill No.

6767 (3) If it bears or contains a color additive which is unsafe within the meaning of section 21a-104;

and sHB6767(5) /If Filesuch No.food is to be offered for sale at retail as a food product and a retail or wholesale establishment has added to such food any sulfiting agent, including sulfur dioxide, sodium sulfite, sodium bisulfite, potassium bisulfite, sodium metabisulfite or potassium metabisulfite, separately or in combination, [to such food] unless such sulfiting agent is an incidental additive, as defined in section 21a-104a, as amended by this act.

823 sHB6767 File No.

823 (5) If such food is to be offered for sale at retail as a food product and a retail or wholesale establishment has added to such food any sulfiting agent, including sulfur dioxide, sodium sulfite, sodium bisulfite, potassium bisulfite, sodium metabisulfite or potassium metabisulfite, separately or in combination, [to such food] unless such sulfiting agent is an incidental additive, as defined in section 21a-104a, as amended by this act.

[(1)] (3) "Person" means any individual, partnership, firm, association,Public limitedAct liabilityNo. company or corporation;

23-99 42 of 51 Substitute House Bill No.

6767 association, limited liability company or corporation;

[(c) Any retailer who displays, sells or offers for sale any bulk display of unpackaged food, including food displayed in any salad bar, which sHB6767food /contains Fileany No.sulfiting agent, shall prominently display a sign which shall read as follows:

823 sHB6767 File No.

823 food contains any sulfiting agent, shall prominently display a sign which shall read as follows:

(d) [Any] Except as provided in 21 CFR 101.100, as amended from time totime, withrespect to incidentaladditives,any manufacturerwho adds a sulfiting agent to any food or to any ingredient in any food, whichPublic sulfitingAct agentNo. is present in the finished food product, shall includesuchsulfitingagentasaningredientofthefoodintheingredient statement of the label attached to such food product.

23-99 43 of 51 Substitute House Bill No.

6767 which sulfiting agent is present in the finished food product, shall includesuchsulfitingagentasaningredientofthefoodintheingredient statement of the label attached to such food product.

sHB6767(3) /"Department" Filemeans No.the Department of Consumer Protection.

823 sHB6767 File No.

823 (3) "Department" means the Department of Consumer Protection.

(8)Public "Manufacturer"Act meansNo. any person who makes or prepares for sale or imports bedding, in whole or in part, that contains filling material.

23-99 44 of 51 Substitute House Bill No.

6767 (8) "Manufacturer" means any person who makes or prepares for sale or imports bedding, in whole or in part, that contains filling material.

(15) "Sterilized" or "method of sterilization" refers to the mitigation of any infective and deleterious substances including germs, fungi and insects from bedding or filling material by a process approved by the sHB6767commissioner. / File No.

823 sHB6767 File No.

823 commissioner.

[(18) "Supply dealer" means any person who manufactures, processes, packages, repackages or otherwise prepares for sale, any filling or material.] [(19)] (18) "Upholstered furniture" means any furniture that contains fillingPublic materialAct andNo. is used or intended to be used for sitting, resting or reclining.

23-99 45 of 51 Substitute House Bill No.

6767 filling material and is used or intended to be used for sitting, resting or reclining.

Secondhand bedding which has not been renovated may also bear on sHB6767the /tag Filethe No.statement "as is–- contents unknown".

823 sHB6767 File No.

823 the tag the statement "as is–- contents unknown".

"Renovated for" followed by the name and address of the person for whom the bedding is renovated, thePublic nameAct andNo. address of the renovator, the date sterilized, that the bedding contains the same filling material as when it was received, and the name and per cent by weight of each filling material added during renovation.

23-99 46 of 51 Substitute House Bill No.

6767 the name and address of the renovator, the date sterilized, that the bedding contains the same filling material as when it was received, and the name and per cent by weight of each filling material added during renovation.

Each person who wishes to sterilize or sanitize bedding or filling material shall complete an application and obtain a numbered permit from the sHB6767commissioner. / File No.

823 sHB6767 File No.

823 commissioner.

[SupplyPublic dealersshallpay,priorAct totheissuanceNo. or reissuance ofalicense, a fee of one hundred dollars.

23-99 47 of 51 Substitute House Bill No.

6767 [Supply dealersshallpay, prior totheissuance or reissuance ofalicense, a fee of one hundred dollars.

(d) The department may renew a manufacturer registration issued under this section that has expired for a period of six months or less if the applicant pays to the department any [fine] late fee imposed by the sHB6767commissioner /pursuant Fileto No.subsection (c) of section 21a-4, as amended by this act, which [fine] late fee shall be in addition to the fees prescribed inthissectionfor thecertificate ofmanufacturer registrationappliedfor.

823The sHB6767provisions Fileof this subsection shall not apply to any manufacturer Public Act No.

82323-99 commissioner48 pursuant to subsection (c) of section51 21a-4,Substitute asHouse amendedBill byNo. this act, which [fine] late fee shall be in addition to the fees prescribed inthissectionfor thecertificate ofmanufacturer registrationappliedfor.

The6767 provisions of this subsection shall not apply to any manufacturer registration which is the subject of administrative or court proceedings.

Subsection (a) of section 21a-190b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from sHB6767passage): / File No.

823Public sHB6767Act File No.

82323-99 passage):49 of 51 Substitute House Bill No.

6767 (a) Every charitable organization not exempted by section 21a-190d shall annually register with the department prior to conducting any solicitation or prior to having any solicitation conducted on its behalf by others.

Subsections (d) to (h), inclusive, of section 42-471 of the general statutes, as amended by section 5 of substitutepublic senateact bill23-98, 1058are ofrepealed and the currentfollowing session,is assubstituted amendedin bylieu Senatethereof Amendment(Effective ScheduleJuly "A", arerepealedandthefollowingissubstitutedinlieuthereof(EffectiveJuly 1, 2023):

sHB6767Public /Act File No.

82323-99 sHB676750 Fileof 51 Substitute House Bill No.

8236767 [(e) Any person or entity that violates the provisions of this section shall be subject to a civil penalty of five hundred dollars for each violation, provided such civil penalty shall not exceed five hundred thousand dollars for any single event.

ThisApproved actJune shall29, take2023 effectPublic asAct followsNo. and shall amend the following sections:

Section23-99 151 fromof passage51 16a-15(a) to (f) Sec.

2 from passage 16a-21 Sec.

3 from passage 20-280e(b) sHB6767 / File No.

823 sHB6767 File No.

823 Sec.

4 from passage 20-291(b) Sec.

5 from passage 20-295b Sec.

6 from passage 20-334(d) Sec.

7 from passage 20-341 Sec.

8 from passage 20-341gg(d) Sec.

9 from passage 20-417b Sec.

10 from passage 20-419 Sec.

11 from passage 20-420 Sec.

12 from passage 20-420a Sec.

13 from passage 20-421 Sec.

14 from passage 20-426(a) Sec.

15 from passage 20-427(d) Sec.

16 from passage 20-432(b) from passage Sec.

17 20-540(m) Sec.

18 October 1, 2023 20-677 Sec.

19 October 1, 2023 20-679 Sec.

20 from passage 21a-4(c) to (f) Sec.

21 from passage 21a-11(a) Sec.

22 from passage 21a-101(a) Sec.

23 from passage 21a-104a from passage Sec.

24 21a-231 Sec.

25 from passage 21a-232(m) Sec.

26 from passage 21a-233(a) to (d) Sec.

27 from passage 21a-234(a) to (c) Sec.

28 from passage 21a-415(e) Sec.

29 from passage 21a-415a(d) Sec.

30 from passage 21a-190c(b) from passage Sec.

31 21a-190b(a) Sec.

32 July 1, 2023 42-471(d) to (h) sHB6767 / File No.

823 sHB6767 File No.

823 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 24 $ FY 25 $ Various Various - See Below See Below Revenue Impact Note:

Various=Various Municipal Impact:

None Explanation The bill makes various changes to consumer protection statutes resulting in the revenue impact described below.

Section 2 requires heating fuel dealers to remove disconnected tanks or equipment from consumers premises within 30 days and establishes a fine of up to $250 for violations resulting in a potential revenue gain to the state to the extent violations occur.

Sections 3, 4, 6, 8, 17 and 18 require certain individuals to submit to and cover associated costs for a state criminal history records check resulting in a potential revenue gain to the General Fund and the Applicant Fingerprint Card Submission Account.

DESPP conducts state background checks for $75 per person and to the extent additional background checks are requested, there is a potential revenue gain to the state.

State background checks require fingerprinting, which DESPP conducts for $15 per person resulting in a potential revenue gain to the Applicant Fingerprint Card Submission Account.

1 Funds in the non-lapsing Applicant Fingerprint Card Submission Account are used for IT support and maintenance for the fingerprinting systems.

sHB6767 / File No.

823 sHB6767 File No.

823 These sections also remove the Department of Consumer Protection's (DCP) ability to charge a fee of up to $15 when an individual convicted of a criminal offense request to know if it disqualifies them from obtaining a certificate or license resulting in a potential revenue loss to the state to the extent these fees are assessed.

Section 7 increases the civil penalty for a trade licensing violation to $3,000 resulting in a potential revenue gain to the extent violations occur.

This section also creates a new fine of up to $5,000 for apprentice hiring violations resulting in a potential revenue gain to the state to the extent violations occur.

Section 9 prorates the fee for new home construction contractors during the transition year resulting in a potential revenue loss to the extent higher license fees would have been paid.

This section also proratesthefeeto the NewHomeConstructionGuaranty Fund and the 3 Home Improvement Guaranty Fund resulting in a potential revenue loss during the transition year to the extent higher fees would have been paid.

Section 15 makes all fines $1,500 instead of a tiered structure starting at $500, resulting in a potential revenue gain to the consumer protection enforcement account to the extent violations occur.

Section 20 requires late renewals for (within 90 days of expiration) DCP credentials to pay late fees of 10 percent and applies the existing fee structure to reinstatements resulting in a potential revenue gain to New home construction contractor registrations are transitioning from biennial to 3nnual fees in 2023, this eliminates the potential for overcharging certain contractors.

The New Home Construction Guaranty Fund is non-appropriated and makes restitution payments to CT consumers for damages caused by licensed New Home construction contractors The Home Improvement Guaranty Fund is non-appropriated and makes restitution payments to CT consumers for damages caused by licensed Home Improvement contractors or salespersons.

The Consumer Protection Enforcement Account is a non-appropriated account that funds positions dedicated to the enhanced enforcement of DCP licensing laws and regulations.

sHB6767 / File No.

823 sHB6767 File No.

823 the state to the extent late renewals and reinstatements occur.

Section 503 increases the civil penalty to not more than $5,000 per violation and removes the cap on civil penalties for any single event resulting in a potential revenue gain to the state to the extent that these violations occur.

Thebillalsomakesvariousminor,technical,andconformingchanges to consumer protection statutes resulting in no fiscal impact to the state.

House "A" retainsthecurrent feelanguageforviolating existing law's written contract provisions in section 2 which removes the potential revenue loss from this section in the underlying bill.

The amendment removes the Department of Consumer Protection's (DCP) ability to charge a fee of up to $15 when an individual convicted of a criminal offense request to know if it disqualifies them from obtaining a certificate or license resulting in a potential revenue loss to the state to the extent these fees are assessed.

The amendment also adds Section 503 which increases the civil penalty to not more than $5,000 per violation and removes the cap on civil penalties for any single event resulting in a potential revenue gain to the state to the extent that these violations occur.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the number of licenses applied for, violations, and inflation.

sHB6767 / File No.

823 52 sHB6767 File No.

823 OLR Bill Analysis sHB 6767 (as amended by House "A")* AN ACT CONCERNING THE DEPARTMENT OF CONSUMER PROTECTION'S RECOMMENDATIONS REGARDING LICENSING AND ENFORCEMENT.

TABLE OF CONTENTS:

SUMMARY § 1 — PRICE SIGNAGE FOR SPECIALTY FUELS Allows specialty fuel prices to beposted per liter or half-gallon, rather than only per gallon § 2 — LEASED FUEL TANK REMOVAL DEADLINE Sets a 30-day deadline for heating fuel dealers to remove a residential leased fuel tank after the consumer terminates service §§ 3-4, 6, 8 & 17 — INQUIRIES ABOUT A CONVICTION AND CREDENTIALING Expands the information that people with criminal histories must submit to DCP when asking if their conviction disqualifies them from obtaining various occupational credentials § 5 — ARCHITECTS WORKING AS INTERIOR DESIGNERS Specifies the conditions under which an architect working as an interior designer must comply with continuing education requirements § 7 — TRADE LICENSING LAW VIOLATIONS Increases civil penalties for violations of various licensing laws, including those on apprentice hiring;

gives the DCP commissioner new enforcement options for violations of apprentice hiring laws § 9 — NEW HOME CONSTRUCTION CONTRACTORS Establishes that registrations renewed during the transition year from biennial to annual credentialing will be effective for 18 months and cost $180 sHB6767 / File No.

823 53 sHB6767 File No.

823 §§ 10-16 — HOME IMPROVEMENT CONTRACTORS AND SALESPERSONS Modifies requirements for getting and maintaining a contractor or salesperson registration;

increases civil penalties for violating related laws §§ 18 & 19 — HOMEMAKER-COMPANION AGENCIES Expands disclosure requirements for homemaker-companion agencies, such as when an agency changes service rates or ceases operations;

requires background checks of certain prospective agency owners §§ 20 & 28-29 — UNTIMELY CREDENTIAL RENEWALS Revises the process and requirements for renewing a lapsed DCP credential § 21 — PENDING ACTIONS AND THE FREEDOM OF INFORMATION ACT Exempts from disclosure under the Freedom of Information Act records related to pending enforcement actions or investigations §§ 22 & 23 — FOOD WITH ADDED SULFITING AGENTS Aligns the state’s Uniform Food, Drug and Cosmetic Act with federal requirements on sulfiting agents in foods §§ 24-27 — BEDDING SUPPLY DEALER CREDENTIAL Eliminates an obsolete license for bedding supply dealers §§ 30 & 31 — CHARITABLE ORGANIZATIONS AUDIT REQUIREMENT Raises the revenue threshold above which a registered charitable organization must submit to a formal audit, while allowing smaller organizations to instead submit to a CPA’s financial “review report” § 32 — CONSUMER PRIVACY AND SAFEGUARDING REQUIREMENTS Makes changes to SB 1058, as amended by Senate Amendment “A,” § 5, further modifying the penalty and enforcement mechanism for personal information safeguarding requirements SUMMARY This bill makes various changes to the Department of Consumer Protection’s (DCP) credentialing and enforcement laws, including:

sHB6767 / File No.

823 54 sHB6767 File No.

823 1.

expanding theDCPcommissioner’senforcement powers, suchas establishing them specifically for apprentice law violations;

2.

standardizing the process for renewing lapsed DCP credentials and adding requirements for completing required continuing education;

3.

expanding the information that must be submitted to DCP for it to determine whether a criminal history may preclude credentialing;

4.

setting a deadline for the removal of leased fuel tanks;

5.

requiring homemaker-companion agencies to notify clients and DCP before making certain changes to, or terminating, services;

6.

raising therevenue thresholdabove whicharegistered charitable organization must submit to a formal audit;

and 7.

modifying the penalty and enforcement mechanism for certain personal information safeguarding requirements.

*House Amendment “A” (1) modifies the provisions on leased fuel tank removal and reinstates the current penalty for violations of certain written contract provisions;

(2) modifies the provisions on inquiries about prior convictions and credentialing, including eliminating a requirement that applicants pay for the service;

(3) clarifies the homemaker-companion agency provisions, including adding exceptions to a requirement that clients receive advance notice of unilateral termination of services and delaying the effective date;

(4) eliminates a provision in the underlying bill giving the DCP commissioner a broad grant of subpoena power;

and (5) adds the provisions on charitable organizations’ financial statements and personal information safeguarding requirements.

EFFECTIVE DATE:

Upon passage, except the provisions on homemaker-companion agencies are effective October 1, 2023, and those on data safeguarding are effective July 1, 2023.

sHB6767 / File No.

823 55 sHB6767 File No.

823 § 1 — PRICE SIGNAGE FOR SPECIALTY FUELS Allows specialty fuel prices to be posted per liter or half-gallon, rather than only per gallon The bill allows sellers of specialty engine fuel (e.g., racing fuel and fuel for agricultural or other off-road applications) to post prices per half-gallon or liter instead of per gallon, as current law requires.

This authorization only applies if the fuel is not subject to a quality or usability standard set by the American Society for Testing and Materials or another national consensus quality or usability standard.

§ 2 — LEASED FUEL TANK REMOVAL DEADLINE Sets a 30-day deadline for heating fuel dealers to remove a residential leased fuel tank after the consumer terminates service The bill requires heating fuel dealers that lease or lend a heating fuel tank and associated equipment to a consumer to remove the tank and equipment from the consumer’s residential premises within 30 days after the consumer terminates the fuel delivery service.

A dealer who violates this requirement may be subject to a fine of up to $250, payable through the Centralized Infractions Bureau.

A violation is also an unfair trade practice (see BACKGROUND).

Heating fuel dealers are individuals or companies that sell at retail heating fuel (i.e., a petroleum-based fuel used primary for residential heating or domestic hot water) (CGS § 16a-17).

§§ 3-4, 6, 8 & 17 — INQUIRIES ABOUT A CONVICTION AND CREDENTIALING Expands the information that people with criminal histories must submit to DCP when asking if their conviction disqualifies them from obtaining various occupational credentials PA 22-88 created a process for people who were convicted of a crime to learn if their conviction would disqualify them from getting various occupational licenses, certificates, and permits.

Under current law, someone making this request must submit (1) details on the conviction and(2)anyrequiredpayment(upto$15perrequest, whichiswaivable).

The bill modifies these procedures for the following DCP-credentialed professions:

sHB6767 / File No.

823 56 sHB6767 File No.

823 1.

public accountants (§ 3);

2.

architects (§ 4);

3.

tradespeople in the following fields:

elevator installation, repair, and maintenance;

fire protection sprinkler systems;

flat glass work;

gas hearth;

heating, piping, and cooling;

irrigation;

plumbing and piping;

residential stair lift;

sheet metal;

solar;

swimming pool;

and electrical (§ 6);

4.

major contractors (§ 8);

and 5.

public service gas technicians (§ 17).

Under thebill,someone making arequestto determine ifa conviction precludes credentialing must (1) apply on a DCP prescribed form and (2) agree to a state and national criminal history records check.

The bill maintains current law’s requirement that the person give details on the conviction but eliminates the requirement that they pay a waivable processing fee of up to $15.

The bill also specifies that the department’s timeline to respond to requests is triggered by the submission of a complete application.

§ 5 — ARCHITECTS WORKING AS INTERIOR DESIGNERS Specifies the conditions under which an architect working as an interior designer must comply with continuing education requirements The bill specifies that licensed architects who complete the required continuing education (CE) requirements for architects do not need to complete those for interior design work unless they hold an interior designer certificate of registration.

By law, architects are allowed to use the title “interior designer” without obtaining the credential (CGS § 20- 377l).

The bill also specifies that if a licensed architect is also a registered interior designer, then he or she must comply with the CE requirements for interior designers.

§ 7 — TRADE LICENSING LAW VIOLATIONS sHB6767 / File No.

823 57 sHB6767 File No.

823 Increases civil penalties for violations of various licensing laws, including those on apprentice hiring;

gives the DCP commissioner new enforcement options for violations of apprentice hiring laws Civil Penalties for Violations of Trade Licensing Laws After notice and a hearing, existing law allows trade examining boards and the DCP commissioner to impose civil penalties for:

1.

engaging in work without the appropriate trade license or apprentice registration certificate, or with an expired one;

2.

willfully employing or supplying for employment an unlicensed or unregistered person;

3.

willfully and falsely pretending to qualify for work that requires a trade credential that one does not have;

or 4.

violating other provisions of the trade licensing laws or regulations.

Under current law, a first violation subjects the violator to a penalty of up to $1,000;

a second violation to a penalty of up to $1,500;

and a third or subsequent violation occurring less than three years after a previous violation to a $3,000 penalty.

The bill instead sets the maximum penalty for a violation at $3,000, regardless of if it is a first or subsequent one.

Unchanged by the bill, an improperly registered apprentice is not penalized for a first offense.

Apprentice Hiring Law Violations By law, apprentices in certain trades and their employers must participate in the state Department of Labor’s (DOL) occupational apprenticeship program (see BACKGROUND).

The bill gives the DCP commissioner new enforcement options for situations in which employers (1) offer apprenticeships without registering with the DOL’s apprenticeship program or (2) do not verify that an apprentice is registered with DOL.

Specifically, the bill allows the commissioner to:

1.

issue a cease and desist order to a person who advertises, offers, engages in, or practices the work of an apprenticeship training sHB6767 / File No.

823 58 sHB6767 File No.

823 program, for the purpose of providing the experience necessary to obtain a journeyperson’s license, without first registering the employer and program with DOL;

2.

issue a cease and desist order to a registered employer who employs a person as an apprentice without first verifying that he or she is registered as an apprentice with DOL;

and 3.

for either of the above violations, after a hearing, impose a fine of up to $5,000 per violation.

Under existing law, it is a:

1.

Connecticut Unfair Trade Practices Act (CUTPA) violation to fail to comply with trade licensing laws, including those on apprentice hiring (see BACKGROUND) and 2.

class B misdemeanor to willfully engage in work that requires an apprentice registration certificate without one (punishable by up to six months imprisonment, a $1,000 fine, or both).

The bill also modifies how civil penalties for violations of the licensing statutes, including the apprentice hiring laws, are applied (see above).

§ 9 — NEW HOME CONSTRUCTION CONTRACTORS Establishes that registrations renewed during the transition year from biennial to annual credentialing will be effective for 18 months and cost $180 Under existing law, certain new home construction contractor registrations are valid for two years and will expire on September 30, 2023.

After that, under the provisions of a 2021 law, new home construction contractor registrations expire on March 31 annually.

The bill establishes that registrations renewed during the transition year will be effective for 18 months and cost $180 (for one-year registrations, the fee is $120).

Additionally, registrants for the transitional18-monthlicense must make aproratedcontributionof$360 to the New Home Construction Guaranty Fund (for one-year sHB6767 / File No.

823 59 sHB6767 File No.

823 registrations, the fee is $240).

Lastly, the bill specifies that new home construction contractors that also do the work of a home improvement contractor must make a prorated contribution of $150 to the Home Improvement Guaranty Fund (for one-year registrations, the fee is $100).

§§ 10-16 — HOME IMPROVEMENT CONTRACTORS AND SALESPERSONS Modifies requirements for getting and maintaining a contractor or salesperson registration;

increases civil penalties for violating related laws Home Improvement Businesses (§ 12) The bill specifies a home improvement contractor that is not an individual can be structured as any business entity;

it does not have to be structured as a corporation.

It makes related changes to specify that a home improvement contractor that is a legal entity must give DCP a list of its individual owners.

The bill requires a home improvement contractor, structured as a legal entity, to maintain a list of its employees and contractors, and all employment documents associated with them, in an auditable format for at least four taxable years.

These businesses must, upon the commissioner’s or his or her representative’s request, (1) immediately make the list and documents available for inspection and copying and (2) produce copies of the list and documents within two business days, if requested.

The documents and copies must be provided in electronic format unless it is not commercially practical.

Registration Information Provided to DCP (§§ 11 & 13) The bill requires home improvement contractors to provide (1) an email address when applying to DCP for a registration and (2) certain conviction history disclosures, as described below.

The bill also requires a registered home improvement contractor or salesperson to update, through DCP’s online licensing system and within 30 days of a change, any application information given as part of a registration (e.g., contact or insurance information, or criminal sHB6767 / File No.

823 60 sHB6767 File No.

823 history).

If the contractor is a business entity, the bill specifies that this applies to the criminal histories of the business’s owners.

Disclosing Criminal Convictions (§§ 12-14) The bill requires home improvement contractors, when applying to DCP for a registration, to disclose whether they (or an owner in the case of a business entity) was found guilty or convicted of an act that (1) is a felonyunderConnecticutorfederallawor(2)wascommittedinanother jurisdiction but, if committed in Connecticut, would be a felony.

By law, state agencies may only take action related to a credential against a person found guilty or convicted of a felony if the decision is based on (1)theconviction’snature,(2)itsrelationship to thepractitioner’sability to perform the occupation’s duties or responsibilities safely or competently, (3) information about the practitioner’s degree of rehabilitation, and (4) the time passed since the conviction or release.

Following a felony conviction of an individual registrant or a business owner, if the commissioner makes the decision in keeping with the above four considerations, the bill specifically allows the commissioner to revoke, suspend, or refuse to issue or renew a home improvement salesperson’s or contractor’s registration;

place the registrant on probation;

or issue a letter of reprimand.

Civil Penalties (§ 15) The bill eliminates current law’s graduated civil penalty scheme and replaces it with a maximum penalty of $1,500.

Bylaw,afternoticeandahearing,thecommissionermayimposecivil penalties for:

1.

engaging in work that requires a registration without having an active one, 2.

willfully employing or supplying for employment an unregistered person, 3.

willfully and falsely pretending to qualify for work that requires sHB6767 / File No.

823 61 sHB6767 File No.

823 a registration that one does not have, or 4.

violating other provisions of the trade licensing laws or regulations.

Currently, a first violation subjects the violator to a penalty of up to $500;

a second violation within three years of the first to a penalty of up to $750;

and a third or subsequent violation within three years after a previous violation to a $1,500 penalty.

The bill keeps the maximum penalty ($1,500) for these violations but applies it to any violation.

The bill also eliminates a provision setting the minimum penalty for a radon mitigation work related violation at $250.

Technical Changes (§§ 10, 12 & 16) The bill makes technical and conforming changes.

§§ 18 & 19 — HOMEMAKER-COMPANION AGENCIES Expands disclosure requirements for homemaker-companion agencies, such as when an agency changes service rates or ceases operations;

requires background checks of certain prospective agency owners Disclosures to Clients (§§ 18 & 19) The bill adds disclosure requirements for homemaker-companion agencies.

It requires agencies to give at least 60 days’ written notice to a client or their representative before changing a service rate (unless there is also a change in the level or type of services).

If the disclosure is not made, the charge is unenforceable.

The bill also requires agencies to:

1.

disclose in writing to a person scheduled to receive services (or his or her authorized representative), the full legal name of the employee who will provide the services, before the employee enters the client’s home and 2.

include in the contract, which by law must be provided within seven days after beginning services, notice that the agency must give at least 60 days’ written notice before changing service rates.

Additionally, with exceptions, at least 10 days before a homemaker- sHB6767 / File No.

823 62 sHB6767 File No.

823 companion agency unilaterally stops providing services to a Connecticut client, the bill requires the agency to notify the person in writing, explaining how he or she (1) may transition to alternative care and(2)willbereimbursedforanyprepaidservices.Thenotice must also have contact information for the person to get more information from the agency.

The bill allows exceptions to this requirement if:

1.

the client, his or her authorized representative, or someone else living with the client or with access to his or her home verbally or physically abused, threatened, or otherwise mistreated an agency employee;

2.

providing homemaker or companion services would place the agency at risk of failing to comply with an applicable local, state, or federal law (e.g., antidiscrimination, employment, health, or occupational safety laws);

or 3.

the client failed to pay for homemaker or companion services as required under the written contract or service plan.

Consequently, in these circumstances, the agency can stop providing services without giving the 10 days’ notice the bill otherwise requires.

Sale, Change in Ownership, or Ceasing Operations (§§ 18 & 19) Existing lawrequiresapplicantsfor ahomemaker-companionagency registrationtosubmittoastateandnationalcriminalhistorycheck(CGS § 20-672).

The bill also generally requires, before any sale or change in ownership of an agency, each proposed new owner or, if a proposed new owner is a business entity, the individuals who own the entity, to submit to state and national criminal history records checks.

The bill exempts a proposed new owner from this requirement if he or she:

1.

owns less than 10% of the shares or other equity interests in any publicly listed or traded homemaker-companion agency and will not engage in the agency’s day-to-day operations or direct its management and policies or sHB6767 / File No.

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823 2.

owns less than 5% of the shares or other equity interests in any private homemaker-companion agency and will not engage in the agency’s day-to-day operations or its direct management and policies.

The bill also makes a background check unnecessary if the commissioner waives the requirement that a new agency application be filed under the general registration law, CGS § 20-672.

Under the bill, at least 10 days before a homemaker-companion agency stops providing all services in Connecticut it must notify DCP in writing, which must include contact information that it may use to contact the agency to get more information.

§§ 20 & 28-29 — UNTIMELY CREDENTIAL RENEWALS Revises the process and requirements for renewing a lapsed DCP credential The bill revises the process for renewing a DCP credential after the deadline for doing so has passed by setting a broadly applicable 90-day threshold for untimely renewals that can be obtained without DCP reinstatement.

Under current law, if a person allows a DCP credential to lapse and the period for automatic reinstatement has ended (or the law did not specify one), the person can apply to DCP for reinstatement.

Generally, DCP can reinstate the credential (without examination, if applicable) only if fewer than three years passed since the deadline for automatic reinstatement.

But in the case of licenses specifically, the law does not have a three-year limit.

So, under current law, the department has discretion to reinstate a lapsed license without examination.

Late Renewals Under the bill, if a renewal application is submitted within 90 days of the credential’s expiration, the applicant has to pay existing law’s late fee (i.e., 10% of the renewal fee, up to $100, but at least $10), but does not need to apply for reinstatement.

Reinstatement sHB6767 / File No.

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823 If more than 90 days (or another period specified in law for automatic reinstatement) elapse, but fewer than three years, the bill requires an application for reinstatement.

As under existing law, it is within DCP’s discretion whether to reinstate the credential.

The bill eliminates DCP’s authority to reinstate a license that lapsed for more than three years.

It also specifies that one cannot apply for a new license instead of using the bill’s reinstatement process in the three-year period during which the reinstatement process applies.

Under the bill, reinstatement requirements vary depending on whether the person worked in the field without a required credential.