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Senate Bill No. 417

PUBLIC ACT NO. 96-117

AN ACT CONCERNING HOME IMPROVEMENT CONTRACTORS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 20-421 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any person seeking a certificate of registration shall apply to the commissioner in writing, on a form provided by said commissioner. Such application shall include the applicant's name, residence address, business address, business telephone number and such other information as said commissioner may require.

(b) Each application for a certificate of registration as a home improvement contractor shall be accompanied by a fee of sixty dollars.

(c) Each application for a certificate of registration as a salesman shall be accompanied by a fee of sixty dollars.

(d) THE APPLICATION FEE FOR A CERTIFICATE OF REGISTRATION AS A HOME IMPROVEMENT CONTRACTOR ACTING SOLELY AS THE CONTRACTOR OF RECORD FOR A CORPORATION, SHALL BE WAIVED, PROVIDED THE CONTRACTOR OF RECORD SHALL USE SUCH REGISTRATION FOR THE SOLE PURPOSE OF DIRECTING, SUPERVISING OR PERFORMING HOME IMPROVEMENTS FOR SUCH CORPORATION.

Sec. 2. Subsection (c) of section 20-427 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) In addition to any other remedy provided for in this chapter, (1) any person who violates any provision of subsection (b) of this section, except subdivision (8), shall be guilty of a class B misdemeanor and (2) any person who violates the provisions of subdivision (8) of subsection (b) of this section shall be guilty of a class B misdemeanor if the home improvement that is offered or made has a total cash price of ten thousand dollars or less and shall be guilty of a class A misdemeanor if the home improvement that is offered or made has a total cash price of more than ten thousand dollars. Notwithstanding subsection (d) of section 53a-29, AS AMENDED, OR SECTION 54-56e, AS AMENDED, if the court determines that a contractor cannot fully repay his victims within the period of probation established in [that subsection] SUBSECTION (d) OF SECTION 53a-29, AS AMENDED, OR SECTION 54-56e, AS AMENDED, the court may impose probation for a period of not more than five years. A violation of any of the provisions of this chapter shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.

Sec. 3. Subsection (b) of section 20-432 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) [Each salesman who receives a certificate pursuant to this chapter shall pay a fee of forty dollars annually. Each contractor who receives a certificate pursuant to this chapter shall pay a fee of one hundred dollars annually to the guaranty fund. Said fee shall be payable with the fee for an application for a certificate or renewal thereof] EACH SALESMAN WHO RECEIVES A CERTIFICATE PURSUANT TO THIS CHAPTER SHALL PAY A FEE OF FORTY DOLLARS ANNUALLY. EACH CONTRACTOR WHO RECEIVES A CERTIFICATE PURSUANT TO THIS CHAPTER SHALL PAY A FEE OF ONE HUNDRED DOLLARS ANNUALLY TO THE GUARANTY FUND. SAID FEE SHALL BY PAYABLE WITH THE FEE FOR AN APPLICATION FOR CERTIFICATE OR RENEWAL THEREOF. THE ANNUAL FEE FOR A CONTRACTOR WHO RECEIVES A CERTIFICATE OF REGISTRATION AS A HOME IMPROVEMENT CONTRACTOR ACTING SOLELY AS THE CONTRACTOR OF RECORD FOR A CORPORATION, SHALL BE WAIVED, PROVIDED THE CONTRACTOR OF RECORD SHALL USE SUCH REGISTRATION FOR THE SOLE PURPOSE OF DIRECTING, SUPERVISING OR PERFORMING HOME IMPROVEMENTS FOR SUCH CORPORATION.

Approved May 24, 1996. Effective October 1, 1996.

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