Connecticut Seal

General Assembly

Amendment

 

February Session, 2018

LCO No. 5824

   
 

*HB0530705824HDO*

Offered by:

 

REP. VERRENGIA, 20th Dist.

REP. BERGER, 73rd Dist.

 

To: House Bill No. 5307

File No. 189

Cal. No. 148

"AN ACT CONCERNING SPORTS WAGERING IN THE STATE."

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. (NEW) (Effective July 1, 2018) (a) As used in this section, unless the context otherwise requires:

(1) "Casino gaming facility" has the same meaning as provided in section 12-557b of the general statutes;

(2) "Commissioner" means the Commissioner of Consumer Protection;

(3) "Department" means the Department of Consumer Protection;

(4) "Electronic sports wagering platform" or "platform" means the combination of hardware, software and data networks used by a sports wagering operator or the Connecticut Lottery Corporation established in section 12-802 of the general statutes to manage, administer, offer or control sports wagering over the Internet, including through an Internet web site or a mobile device;

(5) "Mashantucket Pequot memorandum of understanding" means the memorandum of understanding entered into by and between the state and the Mashantucket Pequot Tribe on January 13, 1993, as amended on April 30, 1993;

(6) "Mashantucket Pequot procedures" means the Final Mashantucket Pequot Gaming Procedures prescribed by the Secretary of the United States Department of the Interior pursuant to Section 2710(d)(7)(B)(vii) of Title 25 of the United States Code and published in 56 Federal Register 24996 (May 31, 1991);

(7) "Minor" means an individual who is under twenty-one years of age;

(8) "Mohegan compact" means the Tribal-State Compact entered into by and between the state and the Mohegan Tribe of Indians of Connecticut on May 17, 1994;

(9) "Mohegan memorandum of understanding" means the memorandum of understanding entered into by and between the state and the Mohegan Tribe of Indians of Connecticut on May 17, 1994;

(10) "Sports bettor" means an individual who is physically present in the state when placing a sports wager with a sports wagering operator, the Connecticut Lottery Corporation or a lottery sales agent licensed pursuant to this section;

(11) "Sporting event" means (A) any sporting or athletic event at which two or more persons participate and receive compensation in excess of actual expenses for such participation in such sporting or athletic event, or (B) any sporting or athletic event sponsored by an intercollegiate athletic program of an institution of higher education. "Sporting event" does not include horse racing or any sporting or athletic event sponsored by a minor league or high school;

(12) "Sports governing body" means the organization that prescribes final rules and enforces codes of conduct with respect to a sporting event and participants in the sporting event;

(13) "Sports wagering" means risking or accepting any money, credit, deposit or other thing of value for gain contingent in whole or in part (A) by any system or method of wagering, including, but not limited to, in-person or over the Internet through an Internet web site or a mobile device, and (B) based on (i) a sporting event or a portion or portions of a sporting event, or (ii) the individual performance statistics of an athlete or athletes in a sporting event or a combination of sporting events. "Sports wagering" does not include the payment of an entry fee to play fantasy contests, as defined in section 12-578aa of the general statutes, as amended by this act;

(14) "Sports wagering gross revenue" means the amount equal to the total amount of all wagers placed on sporting events not excluded from sports wagering that a sports wagering operator collects from all sports bettors, less the total amount of all sums paid out as winnings to sports bettors, except that the cash equivalent value of any merchandise or thing of value awarded as a prize shall not be included in the sums paid out as winnings; and

(15) "Sports wagering operator" or "operator" means a person or business organization operating the off-track betting system or limited liability company operating a casino gaming facility that offers sports wagering either in person to individuals at such facilities or through an electronic sports wagering platform and is licensed pursuant to this section.

(b) The provisions of this section shall not be effective unless the following conditions have been met:

(1) Sports wagering is offered to the extent permitted under federal law.

(2) (A) On and after the effective date of this section, the Governor enters into new tribal-state compacts with the Mashantucket Pequot Tribe and the Mohegan Tribe of Indians of Connecticut pursuant to the federal Indian Gaming Regulatory Act, P.L. 100-497, 25 USC 2710(d)(3) concerning the authorization of sports wagering. Any such tribal-state compact shall: (i) Allow each tribe to offer sports wagering on Indian lands, (ii) provide that the authorization of sports wagering in this state does not relieve each tribe from the tribe's obligation to contribute a percentage of the gross operating revenues of video facsimile games to the state as provided in the Mashantucket Pequot memorandum of understanding and the Mohegan memorandum of understanding, as the case may be, and (iii) provide that the authorization of sports wagering in this state does not terminate the moratoria on the operation of video facsimile games by the tribes pursuant to section 15(a) of the Mashantucket Pequot procedures and section 15(a) of the Mohegan compact.

(B) The new tribal-state compacts are approved or deemed approved by the Secretary of the United States Department of the Interior pursuant to the federal Indian Gaming Regulatory Act, P.L. 100-497, 25 USC 2701 et seq., and its implementing regulations. If such approval is overturned by a court in a final judgment, which is not appealable, the authorization for sports wagering provided under this section shall cease to be effective.

(C) The new tribal-state compacts are approved by the General Assembly pursuant to section 3-6c of the general statutes.

(c) (1) On and after the date this section becomes effective pursuant to subsection (b) of this section, the Commissioner of Consumer Protection may issue a license to operate sports wagering, a sports wagering vendor license or a sports wagering lottery sales agent license, as applicable, in accordance with this section.

(2) No person or business organization operating the off-track betting system, limited liability company operating a casino gaming facility or the Connecticut Lottery Corporation may offer sports wagering unless such person, business organization, limited liability company or corporation has obtained a license to operate sports wagering issued by the commissioner pursuant to this section.

(3) No person or business organization may develop an electronic sports wagering platform on behalf of a sports wagering operator or the Connecticut Lottery Corporation unless such person or business organization holds a sports wagering vendor license issued by the commissioner pursuant to this section.

(4) No lottery sales agent may offer sports wagering at such agent's place of business unless such agent holds a sports wagering lottery sales agent license issued by the commissioner pursuant to this section.

(d) (1) Each applicant for a license pursuant to this section shall submit a completed application on forms prescribed by the commissioner. Such application may require the applicant to submit any information the commissioner deems pertinent to the issuance of such license. Each applicant, except the Connecticut Lottery Corporation, shall submit to state and national criminal history records checks, conducted in accordance with section 29-17a of the general statutes, before such license is issued.

(2) Each applicant for a license to operate sports wagering shall submit with its application a nonrefundable application fee of one hundred thousand dollars. Except as provided in subsection (e) of this section, each such license shall expire biennially on the anniversary date of the issuance of such license unless renewed in accordance with this section. The nonrefundable application fee for such renewal shall be one hundred thousand dollars. Upon the issuance or renewal of a license, the licensee shall pay a licensing fee of five hundred thousand dollars to the commissioner. The Connecticut Lottery Corporation shall be exempt from the application fee, renewal application fee and licensing fee for a license to operate sports wagering.

(3) Each applicant for a sports wagering vendor license shall submit with its application a nonrefundable application fee of one hundred thousand dollars. Except as provided in subsection (e) of this section, each such license shall expire biennially on the anniversary date of the issuance of such license unless renewed in accordance with this section. The nonrefundable application fee for such renewal shall be one hundred thousand dollars. Upon the issuance or renewal of a license, the licensee shall pay a licensing fee of three hundred thousand dollars to the commissioner.

(4) Except as provided in subsection (e) of this section, each sports wagering lottery agent license shall be renewed biennially. Upon the issuance or renewal of such license, the licensee shall pay a licensing fee of two hundred fifty dollars to the commissioner.

(5) Applications for renewal of any such license shall be on such form as prescribed by the commissioner.

(e) (1) The commissioner shall, as soon as practicable after the receipt of a completed license or renewal application, grant or deny the license or renewal application. Any holder of a license issued pursuant to this section who submits an application to renew such license prior to the expiration of such license may continue to operate sports wagering, develop an electronic sports wagering platform on behalf of a sports wagering operator or the Connecticut Lottery Corporation, or offer sports wagering at the lottery sales agent's place of business, until the commissioner denies such renewal application.

(2) Failure by any person or business organization, limited liability company or corporation that holds a license pursuant to this section or any off-track betting facility to comply with the requirements of this section and any regulations adopted pursuant to this section shall constitute grounds for the commissioner to investigate such licensee or facility and after a hearing held in accordance with the provisions of chapter 54 of the general statutes, suspend or revoke such license for good cause or suspend operations at such facility and impose a fine of not more than two hundred fifty thousand dollars. Any licensee whose license is suspended or revoked or who is fined, any facility whose sports wagering operations are suspended or that is fined, or any applicant aggrieved by the action of the commissioner concerning an application for a license or renewal application, may appeal in accordance with the provisions of said chapter.

(f) (1) A sports wagering operator licensed under subsection (e) of this section may offer sports wagering through an electronic sports wagering platform to individuals physically located in this state when placing a sports wager. Such operator or corporation may establish its own platform or may contract with a third party for the development of a platform on behalf of the operator or corporation, provided such third party holds a sports wagering vendor license issued by the commissioner pursuant to this section.

(2) At a minimum, each electronic sports wagering platform shall be developed to: (A) Verify that an individual with a sports wagering account is twenty-one years of age or older and is located in the state; (B) establish a voluntary self-exclusion process to allow an individual to exclude himself or herself from placing sports wagers; (C) establish a voluntary process to allow an individual to limit the amount of money such individual may use to place sports wagers; (D) provide a mechanism to prevent an individual who (i) participates in the self-exclusion process from placing sports wagers, or (ii) limits the amount of money such individual may use to place sports wagers from exceeding such limits; (E) permit an individual to permanently close his or her sports wagering account at any time and for any reason; (F) prominently display introductory procedures for sports bettors on the main page of the platform that explain sports wagering; (G) offer an individual access to his or her sports wagering account history and details; (H) provide that any money in a sports wagering account belongs solely to the owner of the account and may be withdrawn by the owner at any time; (I) provide a mechanism to prevent the unauthorized use of sports wagering accounts and maintain the security of wagering data, sport bettor's data and other confidential information; (J) post a conspicuous link to responsible gambling information, as specified by the commissioner, on all sports wagering account web pages; and (K) transmit real-time information regarding sports wagers placed on sporting events.

(3) Prior to placing wagers on an electronic sports wagering platform, a sports bettor shall establish a sports wagering account in person at the casino gaming facility, off-track betting facility, central office of the Connecticut Lottery Corporation or any high tier claim center so designated by the corporation, as the case may be, and present at least two forms of identification at the time of establishing the sports wagering account.

(g) Each sports wagering operator, the Connecticut Lottery Corporation and a lottery sales agent offering sports wagering shall:

(1) Verify that a sports bettor is at least twenty-one years of age;

(2) Allow any individual to exclude himself or herself from placing sports wagers or limit the amount of money such individual may use to place sports wagers with an operator, corporation or lottery sales agent, and the operator, corporation or lottery sales agent that has been notified by such individual of such exclusion or limit shall take reasonable steps to prevent such individual from exceeding such exclusion or limit;

(3) Enter into an agreement with a provider of sporting event data that meets or exceeds the minimum qualifications as set forth in regulations adopted by the commissioner pursuant to subsection (p) of this section;

(4) Report any suspicion of abnormal betting activity to the commissioner for immediate investigation by the commissioner;

(5) Maintain the security of wagering data, customer data and other confidential information to prevent unauthorized access to and dissemination of such data and information; and

(6) Share records in real time, at the account level and in pseudonymous form to the department with respect to sports wagers placed with such operator, corporation or lottery sales agent.

(h) (1) No individual who is a sports wagering operator, or is an officer, director, owner or employee of a sports wagering operator, and no family member of such individual who resides in the same household as such individual, shall place any wager with such operator.

(2) No athlete, coach, referee, team owner or employee of a sports governing body or such governing body's member teams, and no personnel of any bargaining unit of such governing body's athletes or referees, shall place any wager on any sporting event overseen by such governing body. In determining which individuals are prohibited from placing a wager under this subdivision, a sports wagering operator and the Connecticut Lottery Corporation shall use publicly available information and any lists provided by the relevant sports governing body to the Department of Consumer Protection.

(3) No individual with access to nonpublic, confidential information that could affect the outcome of a sporting event shall place any wager on such sporting event with any sports wagering operator, Connecticut Lottery Corporation or lottery sales agent.

(4) No individual shall place any sports wager pursuant to this section as an agent or a proxy for another individual.

(5) Each sports wagering operator, the Connecticut Lottery Corporation and the lottery sales agent shall take reasonable steps to prevent the conduct prohibited under subdivisions (1) to (4), inclusive, of this subsection and shall immediately notify the commissioner if such operator or corporation believes such conduct has occurred.

(6) A sports wagering operator, the Connecticut Lottery Corporation, a lottery sales agent and a sports wagering vendor licensee shall not disclose or sell any sports bettor's information. Records that directly or indirectly identify a sports bettor shall be kept confidential and shall not be disclosed.

(7) No prizes shall be paid to any individual who is restricted from placing sports wagers pursuant to this subsection. Any such prize shall be deposited into the sports wagering account established in section 2 of this act.

(i) A tax is imposed on sports wagering gross revenue earned by a sports wagering operator at the rate of nine and eighty-nine-hundredths per cent. The Commissioner of Revenue Services shall assess and collect such tax as the commissioner may prescribe by regulations adopted in accordance with the provisions of chapter 54 of the general statutes. Such tax shall be due and payable each Tuesday of the week. If any such tax is not paid when due, the commissioner shall impose a delinquency assessment upon the sports wagering operator in the amount of ten per cent of such tax or ten dollars, whichever amount is greater, plus interest at the rate of one and one-half per cent of the unpaid principal of such tax for each month or fraction of a month from the date such tax is due to the date of payment. Subject to the provisions of section 12-3a of the general statutes, the commissioner may waive all or part of the penalties provided under this subsection when it is proven to the commissioner's satisfaction that the failure to pay such tax within the time required was due to reasonable cause and was not intentional or due to neglect. Failure to pay any such delinquent tax upon demand may be considered by the commissioner as cause for revocation of a license to operate sports wagering.

(j) The amount of unclaimed moneys, as determined by the Commissioner of Consumer Protection, held by a sports wagering operator on account of outstanding and uncashed winning sports wagering tickets, shall be due and payable to the commissioner at the expiration of six months after the date of the sporting event during which such tickets were issued. If any such unclaimed moneys are not paid when due, the commissioner shall impose a delinquency assessment upon the sports wagering operator in the amount of ten per cent of such money or ten dollars, whichever amount is greater, plus interest at the rate of one and one-half per cent of the unpaid principal of such moneys for each month or fraction of a month from the date such moneys are due to the date of payment. Subject to the provisions of section 12-3a of the general statutes, the commissioner may waive all or part of the penalties provided under this subsection when it is proven to the commissioner's satisfaction that the failure to pay such moneys within the time required was due to reasonable cause and was not intentional or due to neglect.

(k) (1) A sports betting right and integrity fee is imposed at the rate of one-quarter of one per cent of all wagers placed on sporting events by a sports wagering operator and the Connecticut Lottery Corporation. Each sports wagering operator and the corporation shall file a return with the commissioner, in such form and manner as the commissioner prescribes, not later than thirty days after the end of each calendar quarter. Each operator and the corporation shall identify in each such return the percentage of wagers during the reporting period that is attributable to each sports governing body's sporting events. The amounts remitted pursuant to this subdivision shall be deposited in the sports betting right and integrity fee account established pursuant to section 3 of this act.

(2) Beginning in the second calendar year immediately succeeding the year in which a sports wagering operator, the Connecticut Lottery Corporation or a lottery sales agent accepts sports wagering pursuant to this section, a sports governing body may submit, not later than April thirtieth annually, a request to the commissioner for a distribution of the fees remitted by sports wagering operators and the corporation pursuant to subdivision (1) of this subsection in the previous calendar year. The commissioner shall disburse funds to the sports governing body on a pro rata basis of the total amounts reported wagered in the previous calendar year on sporting events. The commissioner shall distribute any unclaimed sports betting right and integrity fees on a pro rata basis to the sports governing body or bodies that submitted eligible and timely distribution requests.

(3) The commissioner shall publish on the department's Internet web site an annual report that states the amount of the fees received from each sports wagering operator and the corporation pursuant to subdivision (1) of this subsection in the previous calendar year and the amount disbursed to each sports governing body pursuant to subdivision (2) of this subsection.

(4) Any sports governing body aggrieved by an action of the commission pursuant to this subsection may request a hearing in the manner provided by chapter 54 of general statutes.

(l) The commissioner or the commissioner's designee may authorize deputies to enter upon the premises of a sports wagering operator, the Connecticut Lottery Corporation or a lottery sales agent's place of business for the purposes of inspecting books and records, supervising and examining cashiers, ticket sellers and other persons handling money on behalf of such operator, corporation or agent.

(m) A sports governing body may request that the commissioner restrict, limit or exclude wagering on a sporting event or events by providing notice in such form and manner as the commissioner prescribes.

(n) (1) Each sports wagering operator, the Connecticut Lottery Corporation and any lottery sales agent that offers sports wagering shall immediately report to the commissioner any information relating to (A) criminal or disciplinary proceedings commenced against such operator, corporation or agent or an employee of such operator, corporation or agent in connection with its operations, (B) abnormal betting activity or patterns that may indicate a concern with the integrity of a sporting event, (C) any potential breach of the relevant sports governing body's internal rules or codes of conduct pertaining to sports wagering, (D) any other conduct that corrupts the betting outcome of a sporting event for purposes of financial gain, including match-fixing, and (E) suspicious or illegal wagering activities, including the use of funds derived from illegal activity to place a wager, the placing of a wager to conceal funds derived from illegal activity, the use of an agent or a proxy to place a wager or the use of false identification to place a wager.

(2) Such operator, corporation or agent shall also immediately report to the relevant sports governing body any information relating to conduct described under subparagraphs (B) to (D), inclusive, of subdivision (1) of this subsection.

(o) If the commissioner finds, after a hearing conducted pursuant to chapter 54 of the general statutes, that any individual or entity knowingly violates any provision of this section or any regulation adopted pursuant to subsection (p) of this section, the commissioner shall assess such individual or entity a civil penalty of not more than fifty thousand dollars for each violation, not to exceed two hundred fifty thousand dollars for multiple violations arising out of the same transaction or occurrence.

(p) The commissioner, in consultation with the Gaming Commission established in section 6 of this act, shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section. Such regulations shall include provisions to protect the public interest in the integrity of sports wagering and reduce the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of sports wagering. Such regulations shall include, but need not be limited to, provisions regarding: (1) The types of sporting events upon which sports wagers may be placed or accepted; (2) the minimum amount of cash reserves to be maintained by sports wagering operators; (3) the acceptance of wagers on a series of sports events; (4) the maximum wagers which may be accepted by an operator or the Connecticut Lottery Corporation from any one sports bettor on any one sports event; (5) the type of wagering tickets which shall be used; (6) the method of issuing tickets; (7) minimum accounting standards for a sports wagering operator or the corporation; (8) the types of records which shall be maintained by a sports wagering operator or the corporation and available for inspection upon the request of the commissioner; (9) requirements for information and reports from a sports wagering operator and the corporation to enable effective auditing of sports wagering operations; (10) requirements for establishing and funding a sports wagering account; (11) minimum qualifications for a provider of sporting events data; and (12) requirements for any advertisement for sports betting to ensure such advertisement (A) does not target minors, problem gamblers or other vulnerable individuals, (B) includes information about or Internet web site links to resources related to gambling addiction, and (C) is not false, misleading or deceptive to a reasonable consumer.

(q) Any amounts received by the commissioner pursuant to this section, except a sports betting and integrity fee received pursuant to subsection (k) of this section, shall be deposited in the sports wagering account established in section 2 of this act.

(r) The commissioner may establish receivables for the expenses to be incurred by the department prior to moneys being deposited in the sports wagering account established in section 2 of this act in accordance with this section. Such receivables shall not exceed nine hundred thousand dollars.

Sec. 2. (NEW) (Effective July 1, 2018) There is established an account to be known as the "sports wagering account" which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the Commissioner of Consumer Protection for the purposes of compensating the Department of Consumer Protection for the reasonable and necessary costs incurred by the department for the regulatory and licensing activities specified in section 1 of this act. On and after the first full fiscal year that the commissioner finds money has been deposited in the sports wagering account, the commissioner (1) shall contribute one-half of one per cent of the moneys deposited in the account during the previous fiscal year to the five Regional Behavioral Health Action Organizations designated by the Commissioner of Mental Health and Addiction Services, and (2) may reimburse, as the commissioner deems reasonable, upon application by a public higher institution of education in this state that participates in the National Collegiate Athletic Association Division I program, for any costs associated with complying with sports wagering. At the end of each fiscal year, the commissioner shall transfer any money in excess of such reasonable and necessary costs and such contribution to the General Fund.

Sec. 3. (NEW) (Effective July 1, 2018) There is established an account to be known as the "sports betting right and integrity fee account" which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the Commissioner of Consumer Protection for the purposes of disbursing funds to sports governing bodies in accordance with the provisions of subdivision (2) of subsection (k) of section 1 of this act.

Sec. 4. Section 12-577 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

The commissioner shall annually cause to be made by some competent person or persons in the department a thorough audit of the books and records of each association licensee under this chapter, [and] each casino gaming facility and each licensed sports wagering operator, as defined in subsection (a) of section 1 of this act, and the commissioner may, from time to time, cause to be made by some competent person in the department a thorough audit of the books and records of any other person or business organization licensed under this chapter. All such audit records shall be kept on file in the commissioner's office at all times. Each licensee and casino gaming facility shall permit access to its books and records for the purpose of having such audit made, and shall produce, upon written order of the commissioner, any documents and information required for such purpose.

Sec. 5. Subsection (b) of section 12-811 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(b) No director, officer or employee of the corporation shall, directly or indirectly, participate in, or share in the winnings from, a game conducted pursuant to sections 12-563a and 12-800 to 12-818, inclusive, and sports wagering conducted pursuant to section 1 of this act.

Sec. 6. (NEW) (Effective July 1, 2018) On and after the date any authorization of sports wagering by any provision of the general statutes or a public act or special act is effective, there is established a Gaming Commission composed of the Commissioner of Consumer Protection, who shall be the chairperson of the commission and a commissioner of the commission, and two part-time commissioners appointed by the Governor in accordance with section 4-9a of the general statutes. The appointed commissioners shall not be of the same political party. The Governor shall fill either vacancy for the unexpired portion of a term of an appointed commissioner. Each appointed commissioner shall take the oath prescribed for executive officers. The Governor may remove any appointed commissioner as provided in section 4-12 of the general statutes. Each commissioner shall have one vote. The salary of each appointed commissioner shall be established by the Department of Consumer Protection. The Gaming Commission shall be responsible for the implementation and administration of the provisions of sections 7-169 to 7-186, inclusive, of the general statutes, section 1 of this act, and chapters 226, 226b and 229a of the general statutes.

Sec. 7. Section 21a-6 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

The following boards shall be within the Department of Consumer Protection:

(1) The Architectural Licensing Board established under chapter 390;

(2) Repealed by P.A. 93-151, S. 3, 4;

(3) The examining boards for electrical work; plumbing and piping work; heating, piping, cooling and sheet metal work; elevator installation, repair and maintenance work; fire protection sprinkler systems work and automotive glass work and flat glass work, established under chapter 393;

(4) Repealed by P.A. 99-73, S. 10;

(5) The Commission of Pharmacy established under chapter 400j;

(6) The State Board of Landscape Architects established under chapter 396;

(7) Deleted by P.A. 98-229;

(8) The State Board of Examiners for Professional Engineers and Land Surveyors established under chapter 391;

(9) Repealed by P.A. 80-484, S. 175, 176;

(10) The Connecticut Real Estate Commission established under chapter 392;

(11) The Connecticut Real Estate Appraisal Commission established under chapter 400g;

(12) The State Board of Examiners of Shorthand Reporters established under chapter 400l;

(13) The Liquor Control Commission established under chapter 545;

(14) Repealed by P.A. 06-187, S. 99;

(15) The Home Inspection Licensing Board established under section 20-490a; [and]

(16) The State Board of Accountancy established under section 20-280; and

(17) On and after the date any authorization of sports wagering by any provision of the general statutes or a public act or special act is effective, the Gaming Commission established under section 6 of this act.

Sec. 8. Subsection (c) of section 12-812 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(c) On a weekly basis, the president shall estimate, and certify to the State Treasurer, that portion of the balance in the lottery fund which exceeds the current needs of the corporation for the payment of prizes, the payment of current operating expenses and funding of approved reserves of the corporation [. The] and that portion of the balance that is attributable to the proceeds of sports wagering, as defined in subsection (a) of section 1 of this act. Upon notification of receipt of such certification by the Treasurer, the corporation shall transfer the amount so certified from the lottery fund of the corporation to the General Fund, [upon notification of receipt of such certification by the Treasurer] except that the corporation shall transfer the amount attributable to the proceeds of sports wagering to the sports wagering account established pursuant to section 2 of this act.

Sec. 9. Subdivision (2) of section 53-278a of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(2) "Gambling" means risking any money, credit, deposit or other thing of value for gain contingent in whole or in part upon lot, chance or the operation of a gambling device, including the playing of a casino gambling game such as blackjack, poker, craps, roulette or a slot machine, but does not include: Legal contests of skill, speed, strength or endurance in which awards are made only to entrants or the owners of entries; legal business transactions which are valid under the law of contracts; activity legal under the provisions of sections 7-169 to 7-186, inclusive; any lottery or contest conducted by or under the authority of any state of the United States, Commonwealth of Puerto Rico or any possession or territory of the United States; and other acts or transactions expressly authorized by law on or after October 1, 1973. Fantasy contests, as defined in section 12-578aa, as amended by this act, shall not be considered gambling, provided the conditions set forth in subsection (b) of section 12-578aa, as amended by this act, have been met and the operator of such contests is registered pursuant to subdivision (1) of subsection (d) of section 12-578aa, as amended by this act. Sports wagering, as defined in subsection (a) of section 1 of this act, shall not be considered gambling, provided the conditions set forth in subsection (b) of section 1 of this act have been met and the sports wagering operator is licensed pursuant to subsection (e) of section 1 of this act, the Connecticut Lottery Corporation or a lottery sales agent;

Sec. 10. Subdivision (4) of section 53-278a of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(4) "Gambling device" means any device or mechanism by the operation of which a right to money, credits, deposits or other things of value may be created, as the result of the operation of an element of chance; any device or mechanism which, when operated for a consideration, does not return the same value or thing of value for the same consideration upon each operation thereof; any device, mechanism, furniture or fixture designed primarily for use in connection with professional gambling; and any subassembly or essential part designed or intended for use in connection with any such device, mechanism, furniture, fixture, construction or installation, provided an immediate and unrecorded right of replay mechanically conferred on players of pinball machines and similar amusement devices shall be presumed to be without value. "Gambling device" does not include a crane game machine or device or a redemption machine. A device or equipment used to play fantasy contests, as defined in section 12-578aa, as amended by this act, or participate in sports wagering, as defined in subsection (a) of section 1 of this act, shall not be considered a gambling device, provided the conditions set forth in subsection (b) of section 12-578aa, as amended by this act, have been met and in subsection (b) of section 1 of this act have been met, respectively;

Sec. 11. Section 12-561 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

No commissioner or unit head or employee of the department shall directly or indirectly, individually or as a member of a partnership or as a shareholder of a corporation, have any interest whatsoever in dealing in any lottery, racing, fronton, betting enterprise or casino gaming facility or in the ownership or leasing of any property or premises used by or for any lottery, racing, fronton, betting enterprise or casino gaming facility. No commissioner or unit head shall, directly or indirectly, wager at any off-track betting facility, race track or fronton authorized under this chapter, purchase lottery tickets issued under this chapter, [or] play, directly or indirectly, any authorized game conducted at a casino gaming facility or place a sports wager with a sports wagering operator, the Connecticut Lottery Corporation or a lottery sales agent authorized under section 1 of this act. The commissioner may adopt regulations in accordance with the provisions of chapter 54 to prohibit any employee of the department from engaging, directly or indirectly, in any form of legalized gambling activity in which such employee is involved because of his or her employment with the department. For purposes of this section, "unit head" means a managerial employee with direct oversight of a legalized gambling activity.

Sec. 12. Subsection (b) of section 12-802 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(b) (1) The corporation shall be governed by a board of thirteen directors. The Governor, with the advice and consent of the General Assembly, shall appoint five directors who have skill, knowledge and experience in the fields of management, finance or operations in the private sector. Each director appointed by the Governor shall serve at the pleasure of the Governor, but no longer than the term of office of the Governor or until the director's successor is appointed and qualified, whichever term is longer. The Governor shall fill any vacancy for the unexpired term of a director appointed by the Governor. Two directors shall be the State Treasurer and the Secretary of the Office of Policy and Management, both of whom shall serve ex officio and shall have all of the powers and privileges of a member of the board of directors. Each ex-officio director may designate his or her deputy or any member of his or her staff to represent him or her at meetings of the corporation with full power to act and vote on his or her behalf. [Each director appointed by the Governor shall serve at the pleasure of the Governor, but no longer than the term of office of the Governor or until the director's successor is appointed and qualified, whichever term is longer. The Governor shall fill any vacancy for the unexpired term of a director appointed by the Governor. The procedures of section 4-7 shall apply to the confirmation of the Governor's appointments by both houses of the General Assembly.]

(2) Six directors shall be appointed, with the advice and consent of the General Assembly, as follows: (A) One director who shall have expertise in the field of law appointed by the president pro tempore of the Senate, (B) one director who shall have expertise in the private sector appointed by the majority leader of the Senate, (C) one director who shall have expertise in the field of law appointed by the minority leader of the Senate, (D) one director who shall have expertise in law enforcement or security appointed by the speaker of the House of Representatives, (E) one director who shall have expertise in the private sector appointed by the majority leader of the House of Representatives, and (F) one director who shall have expertise in government relations appointed by the minority leader of the House of Representatives. Each director appointed by a member of the General Assembly shall serve in accordance with the provisions of section 4-1a. The appropriate legislative appointing authority shall fill any vacancy for the unexpired term of a director appointed by such authority.

(3) Any appointed director shall be eligible for reappointment. The Commissioner of Consumer Protection shall not serve as a director. Any director may be removed by order of the Superior Court upon application of the Attorney General for misfeasance, malfeasance or wilful neglect of duty. Such actions shall be tried to the court without a jury and shall be privileged in assignment for hearing. If the court, after hearing, finds there is clear and convincing evidence of such misfeasance, malfeasance or wilful neglect of duty it shall order the removal of such director. Any director so removed shall not be reappointed to the board.

Sec. 13. (Effective from passage) (a) Not later than ninety days after the effective date of this section, the Commissioner of Consumer Protection shall develop and issue a request for proposals for professional services to recommend a strategic plan to expand and ensure the integrity of gambling in the state. The professional service provider shall have expertise in issues related to gambling, the expansion of gambling and the regulatory oversight of entities authorized to conduct gambling.

(b) At a minimum, the strategic plan shall:

(1) Analyze the economic impacts of all legal and current forms of gambling in the state, including, but not limited to, gambling at casino gaming facilities, and gambling facilitated by the Connecticut Lottery Corporation and off-track betting facilities;

(2) Contain a fiscal analysis to determine the impact of expanding gambling in the state (A) by amending the procedures, compact and agreements entered into by and between the state and the Mashantucket Pequot Tribe and the state and the Mohegan Tribe of Indians of Connecticut, and (B) without amending such procedures, compact and agreements;

(3) Identify the various approaches to expanding gambling in the state and analyze the economic impact and the fiscal and legal consequences if the state authorizes (A) any person, business entity or Indian tribe to operate one or more commercial casino gaming facilities within the state, (B) the Connecticut Lottery Corporation to sell tickets for lottery draw games online and accept payment through the use of a credit card, (C) the Connecticut Lottery Corporation, off-track betting facilities, the Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of Connecticut, or any combination thereof, to conduct wagering on sporting events to the extent permitted by federal law, and (D) the operation of fantasy contests in the state without amending such procedures, compact and agreements; and

(4) Recommend a strategic plan that (A) implements the expansion of gambling in the state, (B) strengthens the regulatory oversight of entities authorized to conduct gambling in the state, (C) provides for the taxation of such expansion, and (D) includes best practices to protect the public interest in the integrity of gambling operations and reduce the dangers of unsuitable, unfair or illegal practices, methods and activities in such operations.

(c) The commissioner shall, in accordance with the provisions of section 11-4a of the general statutes, submit the following to the joint standing committee of the General Assembly having cognizance of matters relating to public safety and security: (1) An interim report that identifies the scope of the strategic plan and makes preliminary findings not later than February 1, 2019, and (2) the final strategic plan not later than October 1, 2019.

(d) The Commissioner of Consumer Protection and the board of directors of the Connecticut Lottery Corporation shall provide any information and data needed by the professional service provider to complete the strategic plan, provided the information and data does not disclose the identity of any individual.

(e) The Connecticut Lottery Corporation shall pay the costs of the strategic plan and any costs associated with the strategic plan using unclaimed prize funds from the fiscal year ending June 30, 2018, that were not used to increase sales or returned to participants in a manner designed to increase sales.

Sec. 14. Subsection (b) of section 12-564 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(b) The commissioner shall conduct studies concerning the effect of legalized gambling on the citizens of this state including, but not limited to, studies to determine the types of gambling activity engaged in by the public and the desirability of expanding, maintaining or reducing the amount of legalized gambling permitted in this state. Such studies shall be conducted as often as the commissioner deems necessary, except that no studies shall be conducted before the fiscal year ending June 30, [2009] 2028, and thereafter studies shall be conducted at least once every ten years. The commissioner shall submit the findings of such studies and the costs of conducting such studies to the joint standing [committees] committee of the General Assembly having cognizance of matters relating to [legalized gambling shall each receive a report concerning each study carried out, stating the findings of the study and the costs of conducting the study] public safety and security, in accordance with the provisions of section 11-4a.

Sec. 15. Section 12-810 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) The Freedom of Information Act, as defined in section 1-200, shall apply to all actions, meetings and records of the corporation, except (1) where otherwise limited by subsection (c) of this section as to new lottery games and serial numbers of unclaimed lottery tickets, [and] (2) with respect to financial, credit and proprietary information submitted by any person to the corporation in connection with any proposal to provide goods, services or professional advice to the corporation as provided in section 12-815, and (3) where otherwise limited by subsection (d) of this section as to information submitted by any person to the corporation regarding such person's participation in the corporation's sports wagering voluntary self-exclusion process established pursuant to subdivision (2) of subsection (f) of section 1 of this act or subdivision (1) of subsection (g) of section 1 of this act.

(b) The records of proceedings as provided in subsection (a) of section 12-805 shall be subject to disclosure pursuant to the provisions of subsection (a) of section 1-210.

(c) Any new lottery game and the procedures for such game, until the game is publicly announced by the corporation, and any serial number of an unclaimed lottery ticket shall not be deemed public records, as defined in section 1-200, and shall not be available to the public under the provisions of section 1-210. The president shall submit a fiscal note prepared by the corporation with respect to the procedures for a new lottery game to the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue, bonding and public safety after approval of such game by the board.

(d) The name and any personally identifying information of a person who is participating or participated in the corporation's sports wagering voluntary self-exclusion process established pursuant to subdivision (2) of subsection (f) of section 1 of this act or subdivision (1) of subsection (g) of section 1 of this act shall not be deemed public records, as defined in section 1-200, and shall not be available to the public under the provisions of section 1-210. The president may disclose the name and any records of such person if such person claims a winning from placing a sports wager.

Sec. 16. Subdivision (1) of subsection (a) of section 12-578f of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(1) "Authorized games" means any game of chance, including, but not limited to, blackjack, poker, dice, money-wheels, roulette, baccarat, chuck-a-luck, pan game, over and under, horse race game, acey-deucy, beat the dealer, bouncing ball, video facsimile game and any other game of chance authorized by the Commissioner of Consumer Protection. "Authorized games" does not include sports wagering, as defined in subsection (a) of section 1 of this act;

Sec. 17. Subsection (b) of section 12-578aa of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(b) The provisions of this section shall not be effective unless the following conditions have been met:

(1) The Governor enters into [amendments to the Mashantucket Pequot procedures and to the Mashantucket Pequot memorandum of understanding with the Mashantucket Pequot Tribe and amendments to the Mohegan compact and to the Mohegan memorandum of understanding with the Mohegan Tribe of Indians of Connecticut concerning the authorization of fantasy contests in the state] new tribal-state compacts with the Mashantucket Pequot Tribe and the Mohegan Tribe of Indians of Connecticut pursuant to the federal Indian Gaming Regulatory Act, P.L. 100-497, 25 USC 2710(d)(3) concerning the authorization of fantasy contests. Any such tribal-state compact shall: (i) Allow each tribe to offer fantasy contests on Indian lands, (ii) provide that the authorization of fantasy contests in this state does not relieve each tribe from the tribe's obligation to contribute a percentage of the gross operating revenues of video facsimile games to the state as provided in the Mashantucket Pequot memorandum of understanding and the Mohegan memorandum of understanding, as the case may be, and (iii) provide that the authorization of fantasy contests in this state does not terminate the moratoria on the operation of video facsimile games by the tribes pursuant to section 15(a) of the Mashantucket Pequot procedures and section 15(a) of the Mohegan compact.

[(2) The amendments to the Mashantucket Pequot procedures and the Mohegan compact shall include a provision that the authorization of fantasy contests in the state does not terminate the moratorium against the operation of video facsimile games by the Mashantucket Pequot Tribe and Mohegan Tribe of Indians of Connecticut on each tribe's reservation.

(3) The amendments to each tribe's memorandum of understanding shall include a provision that the authorization of fantasy contests in the state does not relieve each tribe from each tribe's obligation to contribute a percentage of the gross operating revenues of video facsimile games to the state as provided in each tribe's memorandum of understanding.]

[(4)] (2) The [amendments to the Mashantucket Pequot procedures, the Mashantucket Pequot memorandum of understanding, the Mohegan compact and the Mohegan memorandum of understanding] new tribal-state compacts are approved or deemed approved by the Secretary of the United States Department of the Interior pursuant to the federal Indian Gaming Regulatory Act, P.L. 100-497, 25 USC 2701 et seq., and its implementing regulations. If such approval is overturned by a court in a final judgment, which is not appealable, the authorization for fantasy contests provided under this section shall cease to be effective.

[(5)] (3) The [amendments to the Mashantucket Pequot procedures and to the Mohegan compact] new tribal-state compacts are approved by the General Assembly pursuant to section 3-6c.

[(6) The amendments to the Mashantucket Pequot memorandum of understanding and to the Mohegan memorandum of understanding are approved by the General Assembly pursuant to the process described in section 3-6c.]

Sec. 18. (NEW) (Effective July 1, 2018) (a) There is established a Joint Venture Events Commission. The commission shall consist of the following members: (1) One member appointed by the speaker of the House of Representatives; (2) one member appointed by the president pro tempore of the Senate; (3) one member appointed by the majority leader of the House of Representatives; (4) one member appointed by the majority leader of the Senate; (5) one member appointed by the minority leader of the House of Representatives; (6) one member appointed by the minority leader of the Senate; (7) one member appointed by the Governor; (8) a representative from Major League Baseball; (9) a representative from the Professional Golfers' Association; (10) a representative from the National Basketball Association; (11) a representative from the National Hockey League; (12) a representative from the National Football League; (13) a representative from Major League Soccer; and (14) any other member that the commission may appoint to the commission.

(b) The commission shall select the chairperson of the commission from among the members of the commission and schedule the first meeting of the commission not later than ninety days after the date sports wagering is permitted under federal law.

(c) The commission shall meet at least every six months or as often as deemed necessary by the chairperson or a majority of the commission to consider joint ventures for professional events in this state and other issues related to professional events as determined by the commission.

(d) The commission shall establish an advisory committee to advise the commission in carrying out its duties. Such committee shall be composed of legislators, business leaders and other interested stakeholders and shall, where feasible, reflect the state's geographic and demographic diversity and include members of different political parties.

(e) Not later than one year after the date the commission first meets, and annually thereafter, the commission shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to public safety and security concerning the activities of the commission during the preceding year.

Sec. 19. Section 21a-7 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) Each board or commission within the Department of Consumer Protection under section 21a-6, as amended by this act, shall have the following powers and duties:

(1) Each board or commission shall exercise its statutory functions, including licensing, certification, registration, accreditation of schools and the rendering of findings, orders and adjudications. With the exception of the Liquor Control Commission and the Gaming Commission, any exercise of such functions by such a board or commission that is adverse to a party shall be a proposed decision and subject to approval, modification or rejection by the commissioner.

(2) Each board or commission may, in its discretion, issue (A) an appropriate order to any person found to be violating an applicable statute or regulation providing for the immediate discontinuance of the violation, (B) an order requiring the violator to make restitution for any damage caused by the violation, or (C) both. Each board or commission may, through the Attorney General, petition the superior court for the judicial district wherein the violation occurred, or wherein the person committing the violation resides or transacts business, for the enforcement of any order issued by it and for appropriate temporary relief or a restraining order and shall certify and file in the court a transcript of the entire record of the hearing or hearings, including all testimony upon which such order was made and the findings and orders made by the board or commission. The court may grant such relief by injunction or otherwise, including temporary relief, as it deems equitable and may make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside, in whole or in part, any order of a board or commission.

(3) Each board or commission may conduct hearings on any matter within its statutory jurisdiction. Such hearings shall be conducted in accordance with chapter 54 and the regulations established pursuant to subsection (a) of section 21a-9. In connection with any such hearing, the board or commission may administer oaths, issue subpoenas, compel testimony and order the production of books, records and documents. If any person refuses to appear, testify or produce any book, record or document when so ordered, a judge of the Superior Court may make such order as may be appropriate to aid in the enforcement of this section.

(4) Each board or commission may request the Commissioner of Consumer Protection to conduct an investigation and to make findings and recommendations regarding any matter within the statutory jurisdiction of the board or commission.

(5) Each board or commission may recommend rules and regulations for adoption by the Commissioner of Consumer Protection and may review and comment upon proposed rules and regulations prior to their adoption by said commissioner.

(6) Each board or commission shall meet at least once in each quarter of a calendar year and at such other times as the chairperson or the Commissioner of Consumer Protection deems necessary. A majority of the members shall constitute a quorum, except that for any examining board, forty per cent of the members shall constitute a quorum. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings during any calendar year shall be deemed to have resigned from office. Members of boards or commissions shall not serve for more than two consecutive full terms which commence on or after July 1, 1982, except that if no successor has been appointed or approved, such member shall continue to serve until a successor is appointed or approved. Members shall not be compensated for their services but shall be reimbursed for necessary expenses incurred in the performance of their duties.

(7) In addition to any other action permitted under the general statutes, each board or commission may, upon a finding of any cause specified in subsection (c) of section 21a-9: (A) Revoke or suspend a license, registration or certificate; (B) issue a letter of reprimand to a practitioner and send a copy of such letter to a complainant or to a state or local official; (C) place a practitioner on probationary status and require the practitioner to (i) report regularly to the board or commission on the matter which is the basis for probation, (ii) limit the practitioner's practice to areas prescribed by the board or commission, or (iii) continue or renew the practitioner's education until the practitioner has attained a satisfactory level of competence in any area which is the basis for probation. Each board or commission may discontinue, suspend or rescind any action taken under this subsection.

(8) Each examining board within the Department of Consumer Protection or the Commissioner of Consumer Protection shall conduct any hearing or other action required for an application submitted pursuant to section 20-333 and any completed renewal application submitted pursuant to section 20-335 not later than (A) thirty days after the date of submission for such application or completed renewal application, as applicable, or (B) a period of time deemed appropriate by the Commissioner of Consumer Protection, but not to exceed sixty days after such date of submission.

(b) With the exception of the Liquor Control Commission and the Gaming Commission, each board or commission within the Department of Consumer Protection under section 21a-6, as amended by this act, that makes a proposed final decision that is adverse to a party as described in subdivision (1) of subsection (a) of this section, shall submit such proposed decision to the Commissioner of Consumer Protection. Not later than thirty calendar days after receipt of any such proposed decision, the Commissioner of Consumer Protection shall notify such board or commission that the commissioner shall render the final decision concerning such matter. Not later than thirty days after receipt of any such proposed decision, the commissioner shall approve, modify or reject the proposed decision or remand the proposed decision for further review or for the taking of additional evidence. The commissioner shall notify the board or commission in writing of the commissioner's decision and include in such notification the rationale for such decision. The decision of the commissioner shall be the final decision in accordance with section 4-180 for purposes of reconsideration in accordance with section 4-181a or appeal to the Superior Court in accordance with section 4-183.

Sec. 20. Section 21a-8 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) The Department of Consumer Protection shall have the following powers and duties with regard to each board or commission transferred to the Department of Consumer Protection under section 21a-6, as amended by this act, except for the Liquor Control Commission and the Gaming Commission:

(1) The department shall control the allocation, disbursement and budgeting of funds appropriated to the department for the operation of each board or commission transferred to said department.

(2) The department shall employ and assign such personnel as the commissioner deems necessary for the performance of each board's or commission's functions.

(3) The department shall perform all management functions, including purchasing, bookkeeping, accounting, payroll, secretarial, clerical, record-keeping and routine housekeeping functions.

(4) The department shall conduct any necessary review, inspection or investigation regarding qualifications of applicants for licenses or certificates, possible violations of statutes or regulations, accreditation of schools, disciplinary matters and the establishment of regulatory policy, and make recommendations to the appropriate board or commission. In connection with any such investigation, the Commissioner of Consumer Protection, or the commissioner's authorized agent, may administer oaths, issue subpoenas, compel testimony and order the production of books, records and documents. If any person refuses to appear, to testify or to produce any book, record or document when so ordered, a judge of the Superior Court may make such order as may be appropriate to aid in the enforcement of this section.

(5) The department shall administer any examinations necessary to ascertain the qualifications of applicants for licenses or certificates and shall issue licenses or certificates to qualified applicants. The department shall maintain rosters of licensees or registrants and update such rosters annually, and may provide copies of such rosters to the public for an appropriate fee.

(6) The department shall conduct any necessary investigation and follow-up in connection with complaints regarding persons subject to regulation or licensing by the board or commission.

(7) The department shall perform any other function necessary to the effective operation of the board or commission.

(8) The department shall receive complaints concerning the work and practices of persons licensed, registered or certified by such boards or commissions and shall receive complaints concerning unauthorized work and practice by persons not licensed, registered or certified by such boards or commissions. The department shall distribute quarterly a list of all complaints received within the previous quarter to the chairperson of the appropriate board or commission. The department shall screen all complaints and dismiss any in which the allegation, if substantiated, would not constitute a violation of any statute or regulation. The department shall distribute notice of all such dismissals monthly to the chairperson of the appropriate board or commission. The department shall investigate any complaint in which the allegation, if substantiated, would constitute a violation of a statute or regulation under its jurisdiction. In conducting the investigation, the commissioner may seek the assistance of a member of the appropriate board, an employee of any state agency with expertise in the area, or if no such member or employee is available, a person from outside state service licensed to perform the work involved in the complaint. Board or commission members involved in an investigation shall not participate in disciplinary proceedings resulting from such investigation. The Commissioner of Consumer Protection may dismiss a complaint following an investigation if the commissioner determines that such complaint lacks probable cause. The commissioner may bring a complaint before the appropriate board or commission for a formal hearing if the commissioner determines that there is probable cause to believe that the offense alleged in the complaint has been committed and that the practitioner named in the complaint was responsible. The commissioner, or the commissioner's authorized agent, shall have the power to issue subpoenas to require the attendance of witnesses or the production of records, correspondence, documents or other evidence in connection with any hearing of a board or commission.

(9) The department may contract with a third party, if the commissioner deems it necessary, to administer licensing examinations and perform all attendant administrative functions in connection with such examination and to monitor continuing professional education requirements, and may require the payment of a fee to such third party.

(b) Not later than January 15, 2015, and annually thereafter, the commissioner, in accordance with section 11-4a, shall report the following to the joint standing committee of the General Assembly having cognizance of matters relating to consumer protection and occupational licensing: (1) The total number of complaints received by the department in the previous calendar year concerning the work and practice of persons licensed, registered or certified by the boards or commissions specified in subdivisions (1) and (3) of section 21a-6, (2) the nature of each complaint, (3) the department's resolution of each complaint, including, if applicable, whether the complaint (A) was dismissed because the allegation, if substantiated, would not constitute a violation of any statute or regulation, (B) was investigated, (C) was dismissed, following an investigation, for lack of probable cause, (D) was resolved by a settlement, and whether a penalty was imposed pursuant to such settlement, or (E) was brought for formal hearing, and whether a violation was found and a penalty imposed.

(c) The Commissioner of Consumer Protection shall have the following powers and duties with regard to each board or commission within the Department of Consumer Protection under section 21a-6, as amended by this act:

(1) The commissioner shall, in consultation with each board or commission, exercise the functions of licensing, certification, registration, accreditation of schools and the rendering of findings, orders and adjudications.

(2) The commissioner may, in the commissioner's discretion, issue an appropriate order to any person found to be violating any statute or regulation within the jurisdiction of such board or commission providing for the immediate discontinuance of the violation or requiring the violator to make restitution for any damage caused by the violation, or both. The commissioner may, through the Attorney General, petition the superior court for the judicial district in which the violation occurred, or in which the person committing the violation resides or transacts business, for the enforcement of any order issued by the commissioner under this subdivision and for appropriate temporary relief or a restraining order. The commissioner shall certify and file in the court a transcript of the entire record of the hearing or hearings, including all testimony upon which such order was made and the findings and orders made by the commissioner. The court may grant such relief by injunction or otherwise, including temporary relief, as the court deems equitable and may make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside, in whole or in part, any order of the commissioner issued under this subdivision.

(3) The commissioner may conduct hearings on any matter within the statutory jurisdiction of such board or commission. Such hearings shall be conducted in accordance with chapter 54 and the regulations adopted pursuant to subsection (a) of section 21a-9. In connection with any such hearing, the commissioner may administer oaths, issue subpoenas, compel testimony and order the production of books, records and documents. If any person refuses to appear, testify or produce any book, record or document when so ordered, a judge of the Superior Court may make such order as may be appropriate to aid in the enforcement of this subdivision.

(4) In addition to any other action permitted under the general statutes, the commissioner may, upon a finding of any cause specified in subsection (c) of section 21a-9: (A) Revoke or suspend a license, registration or certificate; (B) issue a letter of reprimand to a practitioner and send a copy of such letter to a complainant or to a state or local official; (C) place a practitioner on probationary status and require the practitioner to (i) report regularly to the commissioner on the matter which is the basis for probation, (ii) limit the practitioner's practice to areas prescribed by the commissioner, or (iii) continue or renew the practitioner's education until the practitioner has attained a satisfactory level of competence in any area which is the basis for probation. The commissioner may discontinue, suspend or rescind any action taken under this subdivision.

Sec. 21. Section 12-565a of the 2018 supplement to the general statutes is repealed. (Effective from passage)"

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2018

New section

Sec. 2

July 1, 2018

New section

Sec. 3

July 1, 2018

New section

Sec. 4

July 1, 2018

12-577

Sec. 5

July 1, 2018

12-811(b)

Sec. 6

July 1, 2018

New section

Sec. 7

July 1, 2018

21a-6

Sec. 8

July 1, 2018

12-812(c)

Sec. 9

July 1, 2018

53-278a(2)

Sec. 10

July 1, 2018

53-278a(4)

Sec. 11

July 1, 2018

12-561

Sec. 12

July 1, 2018

12-802(b)

Sec. 13

from passage

New section

Sec. 14

July 1, 2018

12-564(b)

Sec. 15

July 1, 2018

12-810

Sec. 16

July 1, 2018

12-578f(a)(1)

Sec. 17

July 1, 2018

12-578aa(b)

Sec. 18

July 1, 2018

New section

Sec. 19

July 1, 2018

21a-7

Sec. 20

July 1, 2018

21a-8

Sec. 21

from passage

Repealer section