General Assembly Substitute Bill No. 1089
January Session, 2011 *_____SB01089GL____031111____*
General Assembly
Substitute Bill No. 1089
January Session, 2011
*_____SB01089GL____031111____*
AN ACT PROHIBITING PRICE GOUGING DURING SEVERE WEATHER EVENTS AND MAKING MINOR AND TECHNICAL REVISIONS TO THE UNIFORM ADMINISTRATIVE PROCEDURE ACT AND DEPARTMENT OF CONSUMER PROTECTION STATUTES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective from passage) (a) For purposes of this section:
(1) "Severe weather event" means any event resulting from adverse weather conditions which create an unusually high demand for consumer goods and services and which demand results in a declaration by the Governor pursuant to subsection (b) of this section.
(2) "Consumer goods and services" means goods and services that are vital and necessary for the health, welfare or safety of consumers and are used, bought or rendered primarily for personal, family or household purposes. Consumer goods and services, include, but are not limited to, snow removal and flood abatement.
(b) The Governor may issue a severe weather event declaration. The Governor shall post notice of such declaration on the home page of the Internet web site of the office of the Governor. Such notice shall include the inception and end date of any such event.
(c) During any severe weather event, no person within the chain of distribution of consumer goods or services shall sell or offer to sell such goods or services for an amount which represents an unconscionably excessive price.
(d) (1) Whether a price is unconscionably excessive is a question of law for the court. The court's determination that a violation of subsection (c) of this section has occurred shall be based on the following factors: (A) That the amount of the excess in price is unconscionably extreme, (B) that there was an exercise of unfair leverage or unconscionable means, or (C) a combination of both factors in subparagraphs (A) and (B) of this subdivision.
(2) In a proceeding commenced pursuant to subsection (f) or (g) of this section, prima facie proof that a violation of subsection (c) of this section has occurred shall include evidence that: (A) The amount charged represents a gross disparity between the price of the goods or services which were the subject of the transaction and their value measured by the price at which such consumer goods or services were sold or offered for sale by the defendant in the usual course of business immediately prior to the onset of the severe weather event, or (B) the amount charged grossly exceeded the price at which the same or similar goods or services were readily obtainable by other consumers in the trade area. A defendant may rebut a prima facie case with evidence that additional costs not within the control of the defendant were imposed on the defendant for such goods or services.
(e) A seller of an energy resource, as defined in subsection (a) of section 42-234 of the general statutes, shall be exempt from the provisions of this section.
(f) A violation of the provisions of subsection (c) of this section shall be deemed an unfair trade or deceptive practice under subsection (a) of section 42-110b of the general statutes.
(g) Each violation and each day on which the violation occurs or continues shall be a separate offense.
Sec. 2. Subsection (a) of section 4-168 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) Except as provided in subsection (g) of this section, an agency, prior to adopting a proposed regulation, shall: (1) Give at least thirty days' notice by publication in the Connecticut Law Journal of its intended action. The notice shall include (A) either a statement of the terms or of the substance of the proposed regulation or a description sufficiently detailed so as to apprise persons likely to be affected of the issues and subjects involved in the proposed regulation, (B) a statement of the purposes for which the regulation is proposed, (C) a reference to the statutory authority for the proposed regulation, (D) when, where and how interested persons may obtain a copy of the small business impact and regulatory flexibility analyses required pursuant to section 4-168a, and (E) when, where and how interested persons may present their views on the proposed regulation; (2) give notice [by mail] to each joint standing committee of the General Assembly having cognizance of the subject matter of the proposed regulation; (3) give notice [by mail] to all persons who have made requests to the agency for advance notice of its regulation-making proceedings. The agency may charge a reasonable fee for such notice based on the estimated cost of providing the service; (4) provide a paper copy or electronic version of the proposed regulation to persons requesting it. The agency may charge a reasonable fee for copies in accordance with the provisions of section 1-212; (5) no later than the date of publication of the notice in the Connecticut Law Journal, prepare a fiscal note, including an estimate of the cost or of the revenue impact (A) on the state or any municipality of the state, and (B) on small businesses in the state, including an estimate of the number of small businesses subject to the proposed regulation and the projected costs, including but not limited to, reporting, recordkeeping and administrative, associated with compliance with the proposed regulation and, if applicable, the regulatory flexibility analysis prepared under section 4-168a. The governing body of any municipality, if requested, shall provide the agency, within twenty working days, with any information that may be necessary for analysis in preparation of such fiscal note; (6) afford all interested persons reasonable opportunity to submit data, views or arguments, orally at a hearing granted under subdivision (7) of this subsection or in writing, and to inspect and copy the fiscal note prepared pursuant to subdivision (5) of this subsection; (7) grant an opportunity to present oral argument if requested by fifteen persons, by a governmental subdivision or agency or by an association having not less than fifteen members, if notice of the request is received by the agency within fourteen days after the date of publication of the notice; and (8) consider fully all written and oral submissions respecting the proposed regulation and revise the fiscal note in accordance with the provisions of subdivision (5) of this subsection to indicate any changes made in the proposed regulation. No regulation shall be found invalid due to the failure of an agency to give notice to each committee of cognizance pursuant to subdivision (2) of this subsection, provided one such committee has been so notified.
Sec. 3. Subdivision (1) of subsection (a) of section 20-306 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) (1) The Department of Consumer Protection shall notify [by mail] each person licensed under this chapter of the date of the expiration of such license and the amount of the fee required for its renewal for one year. Such license renewals shall be accompanied by the payment of the professional services fee for class G, as defined in section 33-182l, in the case of a professional engineer license, a professional engineer and land surveyor combined license, or a land surveyor license. The license shall be considered lapsed if not renewed within thirty days following the normal expiration date.
Sec. 4. Section 30-20 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) A package store permit shall allow the retail sale of alcoholic liquor not to be consumed on the premises, such sales to be made only in sealed bottles or other containers. The holder of a package store permit may, in accordance with regulations adopted by the Department of Consumer Protection pursuant to the provisions of chapter 54, offer free samples of alcoholic liquor for tasting on the premises, conduct demonstrations and conduct tastings or demonstrations provided by a permittee or backer of a package store for a nominal charge to charitable nonprofit organizations. Any offering, tasting or demonstration held on permit premises shall be conducted only during the hours a package store is permitted to sell alcoholic liquor under section 30-91. No store operating under a package store permit shall sell any commodity other than alcoholic liquor except that, notwithstanding any other provision of law, such store may sell (1) cigarettes, (2) publications, (3) bar utensils, which shall include, but need not be limited to, corkscrews, beverage strainers, stirrers or other similar items used to consume or related to the consumption of alcoholic liquor, (4) gift packages of alcoholic liquor shipped into the state by a manufacturer or out-of-state shipper, which may include a nonalcoholic item in the gift package that may be any item, except food or tobacco products, provided the dollar value of the nonalcoholic items does not exceed the dollar value of the alcoholic items of the package, (5) nonalcoholic beverages, (6) concentrates used in the preparation of mixed alcoholic beverages, (7) beer and wine-making kits and products related to beer and wine-making kits, (8) ice in any form, (9) articles of clothing imprinted with advertising related to the alcoholic liquor industry, (10) gift baskets or other containers of alcoholic liquor, (11) multiple packages of alcoholic liquors, as defined in subdivision (3) of section 30-1, provided in all such cases the minimum retail selling price for such alcoholic liquor shall apply, and (12) lottery tickets authorized by the Division of Special Revenue, if licensed as an agent to sell such tickets by said division. A package store permit shall also allow the taking and transmitting of orders for delivery of such merchandise in other states. Notwithstanding any other provision of law, a package store permit shall allow the participation in any lottery ticket promotion or giveaway sponsored by the Division of Special Revenue. The annual fee for a package store permit shall be five hundred thirty-five dollars. [plus the sum required by section 30-66.]
(b) A grocery store beer permit may be granted to any grocery store and shall allow the retail sale of beer in standard size containers not to be consumed on the premises. A holder of a grocery store beer permit shall post in a prominent location adjacent to the beer display, the retail price for each brand of beer and said retail price shall include all applicable federal and state taxes including the applicable state sales taxes. The annual fee for a grocery store beer permit shall be one hundred [sixty] seventy dollars. [plus the sum required by section 30-66.]
(c) "Grocery store" means any store commonly known as a supermarket, food store, grocery store or delicatessen, primarily engaged in the retail sale of all sorts of canned goods and dry goods such as tea, coffee, spices, sugar and flour, either packaged or in bulk, with or without fresh fruits and vegetables, and with or without fresh, smoked and prepared meats, fish and poultry, except that no store primarily engaged in the retail sale of seafood, fruits and vegetables, candy, nuts and confectioneries, dairy products, bakery products or eggs and poultry shall be included in the definition of "grocery store".
Sec. 5. Section 30-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
A druggist permit may be issued by the Department of Consumer Protection to a drug store proprietor. No druggist permit shall be issued covering a new drug store or a new location for an old drug store until the Commission of Pharmacy is satisfied that a drug store at such location is necessary to the convenience and best interest of the public. A druggist permit (1) shall allow the use of alcoholic liquors for the compounding of prescriptions of physicians, advanced practice registered nurses, physician assistants and dentists and for the manufacturing of all United States Pharmacopoeia and National Formulary preparations and all other medicinal preparations, (2) shall allow the retail sale of alcoholic liquor in containers of not less than eight ounces or one hundred eighty-seven and one-half milliliters and not more than one quart or one liter capacity except that beer may be sold in containers of not more than forty ounces or twelve hundred milliliters capacity, to any person, and (3) shall forbid the drinking of such alcoholic liquor on the premises of any drug store. Such permittee shall keep all alcoholic liquors in compartments, which compartments shall be securely locked except during those hours when the sale of alcoholic liquor is permitted by law. The holder of a druggist permit shall not display any alcoholic liquors or containers, marked or labeled or in any other way suggesting the contents of intoxicating liquors, in the windows of the permit premises. The Commission of Pharmacy shall revoke or suspend the pharmacy license of any pharmacist upon whose premises any violation of any provision of this section occurs. The annual fee for a druggist permit shall be five hundred thirty-five dollars. [plus the sum required by section 30-66.]
Sec. 6. Section 30-66 of the general statutes is repealed. (Effective October 1, 2011)
This act shall take effect as follows and shall amend the following sections:
This act shall take effect as follows and shall amend the following sections:
Statement of Legislative Commissioners:
In section 1(d)(2), the words "the prices charged were a result of" were removed from the last sentence for proper grammar.
GL Joint Favorable Subst.-LCO
GL
Joint Favorable Subst.-LCO