Connecticut 2020 Regular Session

Connecticut House Bill HB05312 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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4	4	LCO No. 1979 1 of 6
5	5
6	6	General Assembly Raised Bill No. 5312
7	7	February Session, 2020
8	8	LCO No. 1979
9	9
10	10
11	11	Referred to Committee on PUBLIC SAFETY AND SECURITY
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13	13
14	14	Introduced by:
15	15	(PS)
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20	20	AN ACT CONCERNING WA RRANTIES APPLICABLE TO POLICE,
21	21	FIRE AND OTHER MUNIC IPAL VEHICLES.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Section 42-179 of the general statutes is repealed and the 1
26	26	following is substituted in lieu thereof (Effective July 1, 2020): 2
27	27	(a) As used in this chapter: 3
28	28	(1) "Consumer" means the purchaser, other than for purposes of 4
29	29	resale, of a motor vehicle, a lessee of a motor vehicle, any person to 5
30	30	whom such motor vehicle is transferred during the duration of an 6
31	31	express warranty applicable to such motor vehicle, and any person 7
32	32	entitled by the terms of such warranty to enforce the obligations of the 8
33	33	warranty. [; and] "Consumer" includes a municipality. 9
34	34	(2) ["motor vehicle"] "Motor vehicle" means (A) a passenger motor 10
35	35	vehicle, a passenger and commercial motor vehicle or a motorcycle, as 11
36	36	defined in section 14-1, (B) a police vehicle, or (C) an emergency vehicle, 12
37	37	as defined in section 42-355, which is sold or leased in this state. 13 Raised Bill No. 5312
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41	41	LCO No. 1979 2 of 6
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43	43	(b) If a new motor vehicle does not conform to all applicable express 14
44	44	warranties, and the consumer reports the nonconformity to the 15
45	45	manufacturer, its agent or its authorized dealer during the period of two 16
46	46	years following the date of original delivery of the motor vehicle to a 17
47	47	consumer or during the period of the first twenty-four thousand miles 18
48	48	of operation, whichever period ends first, the manufacturer, its agent or 19
49	49	its authorized dealer shall make such repairs as are necessary to 20
50	50	conform the motor vehicle to such express warranties, notwithstanding 21
51	51	the fact that such repairs are made after the expiration of the applicable 22
52	52	period. 23
53	53	(c) No consumer shall be required to notify the manufacturer of a 24
54	54	claim under this section and sections 42-181 to 42-184, inclusive, unless 25
55	55	the manufacturer has clearly and conspicuously disclosed to the 26
56	56	consumer, in the warranty or owner's manual, that written notification 27
57	57	of the nonconformity is required before the consumer may be eligible 28
58	58	for a refund or replacement of the motor vehicle. The manufacturer shall 29
59	59	include with the warranty or owner's manual the name and address to 30
60	60	which the consumer shall send such written notification. 31
61	61	(d) If the manufacturer or its agents or authorized dealers are unable 32
62	62	to conform the motor vehicle to any applicable express warranty by 33
63	63	repairing or correcting any defect or condition which substantially 34
64	64	impairs the use, safety or value of the motor vehicle to the consumer 35
65	65	after a reasonable number of attempts, the manufacturer shall replace 36
66	66	the motor vehicle with a new motor vehicle acceptable to the consumer, 37
67	67	or accept return of the motor vehicle from the consumer and refund to 38
68	68	the consumer, lessor and lienholder, if any, as their interests may 39
69	69	appear, the following: (1) The full contract price, including but not 40
70	70	limited to, charges for undercoating, dealer preparation and 41
71	71	transportation and installed options, (2) all collateral charges, including 42
72	72	but not limited to, sales tax, license and registration fees, and similar 43
73	73	government charges, (3) all finance charges incurred by the consumer 44
74	74	after he first reports the nonconformity to the manufacturer, agent or 45
75	75	dealer and during any subsequent period when the motor vehicle is out 46
76	76	of service by reason of repair, and (4) all incidental damages as defined 47 Raised Bill No. 5312
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80	80	LCO No. 1979 3 of 6
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82	82	in section 42a-2-715, less a reasonable allowance for the consumer's use 48
83	83	of the motor vehicle. No authorized dealer shall be held liable by the 49
84	84	manufacturer for any refunds or motor vehicle replacements in the 50
85	85	absence of evidence indicating that dealership repairs have been carried 51
86	86	out in a manner inconsistent with the manufacturers' instructions. 52
87	87	Refunds or replacements shall be made to the consumer, lessor and 53
88	88	lienholder if any, as their interests may appear. A reasonable allowance 54
89	89	for use shall be that amount obtained by multiplying the total contract 55
90	90	price of the motor vehicle by a fraction having as its denominator one 56
91	91	hundred twenty thousand and having as its numerator the number of 57
92	92	miles that the motor vehicle traveled prior to the manufacturer's 58
93	93	acceptance of its return. It shall be an affirmative defense to any claim 59
94	94	under this section (1) that an alleged nonconformity does not 60
95	95	substantially impair such use, safety or value or (2) that a nonconformity 61
96	96	is the result of abuse, neglect or unauthorized modifications or 62
97	97	alterations of a motor vehicle by a consumer. 63
98	98	(e) It shall be presumed that a reasonable number of attempts have 64
99	99	been undertaken to conform a motor vehicle to the applicable express 65
100	100	warranties, if (1) the same nonconformity has been subject to repair four 66
101	101	or more times by the manufacturer or its agents or authorized dealers 67
102	102	during the period of two years following the date of original delivery of 68
103	103	the motor vehicle to a consumer or during the period of the first twenty-69
104	104	four thousand miles of operation, whichever period ends first, but such 70
105	105	nonconformity continues to exist, or (2) the motor vehicle is out of 71
106	106	service by reason of repair for a cumulative total of thirty or more 72
107	107	calendar days during the applicable period, determined pursuant to 73
108	108	subdivision (1) of this subsection. Such two-year period and such thirty-74
109	109	day period shall be extended by any period of time during which repair 75
110	110	services are not available to the consumer because of a war, invasion, 76
111	111	strike or fire, flood or other natural disaster. No claim shall be made 77
112	112	under this section unless at least one attempt to repair a nonconformity 78
113	113	has been made by the manufacturer or its agent or an authorized dealer 79
114	114	or unless such manufacturer, its agent or an authorized dealer has 80
115	115	refused to attempt to repair such nonconformity. 81 Raised Bill No. 5312
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119	119	LCO No. 1979 4 of 6
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121	121	(f) If a motor vehicle has a nonconformity which results in a condition 82
122	122	which is likely to cause death or serious bodily injury if the motor 83
123	123	vehicle is driven, it shall be presumed that a reasonable number of 84
124	124	attempts have been undertaken to conform such motor vehicle to the 85
125	125	applicable express warranties if the nonconformity has been subject to 86
126	126	repair at least twice by the manufacturer or its agents or authorized 87
127	127	dealers within the express warranty term or during the period of one 88
128	128	year following the date of the original delivery of the motor vehicle to a 89
129	129	consumer, whichever period ends first, but such nonconformity 90
130	130	continues to exist. The term of an express warranty and such one-year 91
131	131	period shall be extended by any period of time during which repair 92
132	132	services are not available to the consumer because of war, invasion, 93
133	133	strike or fire, flood or other natural disaster. 94
134	134	(g) (1) No motor vehicle which is returned to any person pursuant to 95
135	135	any provision of this chapter or in settlement of any dispute related to 96
136	136	any complaint made under the provisions of this chapter and which 97
137	137	requires replacement or refund shall be resold, transferred or leased in 98
138	138	the state without clear and conspicuous written disclosure of the fact 99
139	139	that such motor vehicle was so returned prior to resale or lease. Such 100
140	140	disclosure shall be affixed to the motor vehicle and shall be included in 101
141	141	any contract for sale or lease. The Commissioner of Motor Vehicles shall, 102
142	142	by regulations adopted in accordance with the provisions of chapter 54, 103
143	143	prescribe the form and content of any such disclosure statement and 104
144	144	establish provisions by which the commissioner may remove such 105
145	145	written disclosure after such time as the commissioner may determine 106
146	146	that such motor vehicle is no longer defective. (2) If a manufacturer 107
147	147	accepts the return of a motor vehicle or compensates any person who 108
148	148	accepts the return of a motor vehicle pursuant to subdivision (1) of this 109
149	149	subsection such manufacturer shall stamp the words 110
150	150	"MANUFACTURER BUYBACK" clearly and conspicuously on the face 111
151	151	of the original title in letters at least one-quarter inch high and, within 112
152	152	ten days of receipt of the title, shall submit a copy of the stamped title to 113
153	153	the Department of Motor Vehicles. The Department of Motor Vehicles 114
154	154	shall maintain a listing of such buyback vehicles and in the case of any 115 Raised Bill No. 5312
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157	157
158	158	LCO No. 1979 5 of 6
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160	160	request for a title for a buyback vehicle, shall cause the words 116
161	161	"MANUFACTURER BUYBACK" to appear clearly and conspicuously 117
162	162	on the face of the new title in letters which are at least one-quarter inch 118
163	163	high. Any person who applies for a title shall disclose to the department 119
164	164	the fact that such motor vehicle was returned as set forth in this 120
165	165	subsection. (3) If a manufacturer accepts the return of a motor vehicle 121
166	166	from a consumer due to a nonconformity or defect, in exchange for a 122
167	167	refund or a replacement motor vehicle, whether as a result of an 123
168	168	administrative or judicial determination, an arbitration proceeding or a 124
169	169	voluntary settlement, the manufacturer shall notify the Department of 125
170	170	Motor Vehicles and shall provide the department with all relevant 126
171	171	information, including the year, make, model, vehicle identification 127
172	172	number and prior title number of the motor vehicle. The Commissioner 128
173	173	of Motor Vehicles shall adopt regulations in accordance with chapter 54 129
174	174	specifying the format and time period in which such information shall 130
175	175	be provided and the nature of any additional information which the 131
176	176	commissioner may require. (4) The provisions of this subsection shall 132
177	177	apply to motor vehicles originally returned in another state from a 133
178	178	consumer due to a nonconformity or defect in exchange for a refund or 134
179	179	replacement motor vehicle and which a lessor or transferor with actual 135
180	180	knowledge subsequently sells, transfers or leases in this state. 136
181	181	(h) All express and implied warranties arising from the sale of a new 137
182	182	motor vehicle shall be subject to the provisions of part 3 of article 2 of 138
183	183	title 42a. 139
184	184	(i) Nothing in this section shall in any way limit the rights or remedies 140
185	185	which are otherwise available to a consumer under any other law. 141
186	186	(j) If a manufacturer has established an informal dispute settlement 142
187	187	procedure which is certified by the Attorney General as complying in 143
188	188	all respects with the provisions of Title 16 Code of Federal Regulations 144
189	189	Part 703, as in effect on October 1, 1982, and with the provisions of 145
190	190	subsection (b) of section 42-182, the provisions of subsection (d) of this 146
191	191	section concerning refunds or replacement shall not apply to any 147
192	192	consumer who has not first resorted to such procedure. 148 Raised Bill No. 5312
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196	196	LCO No. 1979 6 of 6
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198	198	(k) The provisions of this section and sections 42-179a to 42-186, 149
199	199	inclusive, shall not apply to an emergency vehicle, as defined in section 150
200	200	42-355, to the extent an express warranty on such emergency vehicle is 151
201	201	governed by the provisions of section 42-355. 152
202	202	This act shall take effect as follows and shall amend the following
203	203	sections:
204	204
205	205	Section 1 July 1, 2020 42-179
206	206
207	207	Statement of Purpose:
208	208	To expand the automobile lemon law to cover municipal vehicles.
209	209	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
210	210	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
211	211	underlined.]
212	212