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General Assembly Raised Bill No. 139
February Session, 2020
LCO No. 1453
Referred to Committee on GENERAL LAW
Introduced by:
(GL)
AN ACT CONCERNING CH ANGES TO CONSUMER PR OTECTION
STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 21a-219 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2020): 2
(a) No health club contract shall have a term for a period longer than 3
twenty-four months. If a health club offers a contract of more than 4
twelve months' term, it shall offer a twelve-month contract. If a health 5
club sells a membership contract of more than twelve months' term, the 6
health club shall not collect payment, in cash or its equivalent of more 7
than fifty per cent of the entire consideration for the contract in advance 8
of rendering services. The remainder of the cost of the contract shall be 9
collected by the health club on a pro rata monthly basis during the term 10
of the health club contract. Each contract shall have the prices for all 11
contracts printed thereon. 12
(b) Written notice that a contract will automatically renew shall be 13
provided by the health club to the consumer at the time of entering into 14
the contract. No contract shall contain an automatic renewal clause 15 Raised Bill No. 139
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except for a renewal for a period not to exceed one month. If such 16
contract contains such a one-month automatic renewal clause, such 17
renewal shall become effective only upon payment of the renewal price 18
and such contract shall permit the buyer to cancel any further renewal 19
upon no more than one month's notice, except that for any such contract 20
where the term of the contract is forty-five days or longer, written notice 21
that the contract is soon subject to auto-renewal shall be provided by the 22
health club to the consumer not sooner than sixty days prior to the 23
expiration of term of the contract and not later than forty-five days prior 24
to the expiration of the term of the contract. The price of any such 25
renewal shall not increase or decrease unless the contract: (1) Discloses 26
the amount of such increase or decrease or the method of calculating 27
such increase or decrease in the price of such renewal, or (2) such 28
information is otherwise provided to the buyer, in writing, no less than 29
one month prior to such renewal, except that for any such contract 30
where the term of the contract is forty-five days or longer, such 31
information shall be provided by the health club to the consumer not 32
sooner than sixty days prior to the expiration of term of the contract and 33
not later than forty-five days prior to the expiration of the term of the 34
contract. Any renewal option for continued membership must be 35
accepted by the buyer in writing, by electronic mail or facsimile and 36
shall become effective only upon payment of the renewal price. 37
(c) Each health club shall post the prices and the three-day 38
cancellation provisions, the disability provisions and the twenty-five 39
mile moving provisions of all contracts in a conspicuous place where the 40
contract is entered into. 41
Sec. 2. Section 42-179 of the general statutes is repealed and the 42
following is substituted in lieu thereof (Effective October 1, 2020): 43
(a) As used in this chapter: (1) "Consumer" means the purchaser, 44
other than for purposes of resale, of a motor vehicle, a lessee of a motor 45
vehicle, any person to whom such motor vehicle is transferred during 46
the duration of an express warranty applicable to such motor vehicle, 47
and any person entitled by the terms of such warranty to enforce the 48 Raised Bill No. 139
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obligations of the warranty; and (2) "motor vehicle" means a passenger 49
motor vehicle, a passenger and commercial motor vehicle or a 50
motorcycle, as defined in section 14-1, which is sold or leased in this 51
state. 52
(b) If a new motor vehicle does not conform to all applicable express 53
warranties, and the consumer reports the nonconformity to the 54
manufacturer, its agent or its authorized dealer during the period of two 55
years following the date of original delivery of the motor vehicle to a 56
consumer or during the period of the first twenty-four thousand miles 57
of operation, whichever period ends first, the manufacturer, its agent or 58
its authorized dealer shall make such repairs as are necessary to 59
conform the vehicle to such express warranties, notwithstanding the 60
fact that such repairs are made after the expiration of the applicable 61
period. 62
(c) No consumer shall be required to notify the manufacturer of a 63
claim under this section and sections 42-181 to 42-184, inclusive, as 64
amended by this act, unless the manufacturer has clearly and 65
conspicuously disclosed to the consumer, in the warranty or owner's 66
manual, that written notification of the nonconformity is required 67
before the consumer may be eligible for a refund or replacement of the 68
vehicle. The manufacturer shall include with the warranty or owner's 69
manual the name and address to which the consumer shall send such 70
written notification. 71
(d) If the manufacturer or its agents or authorized dealers are unable 72
to conform the motor vehicle to any applicable express warranty by 73
repairing or correcting any defect or condition which substantially 74
impairs the use, safety or value of the motor vehicle to the consumer 75
after a reasonable number of attempts, the manufacturer shall replace 76
the motor vehicle with a new motor vehicle acceptable to the consumer, 77
or accept return of the vehicle from the consumer and refund to the 78
consumer, lessor and lienholder, if any, as their interests may appear, 79
the following: (1) The full contract price, including but not limited to, 80
charges for undercoating, dealer preparation and transportation and 81 Raised Bill No. 139
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installed options, (2) all collateral charges, including but not limited to, 82
sales tax, license and registration fees, and similar government charges, 83
(3) all finance charges incurred by the consumer after he first reports the 84
nonconformity to the manufacturer, agent or dealer and during any 85
subsequent period when the vehicle is out of service by reason of repair, 86
and (4) all incidental damages, [as defined in section 42a-2-715,] less a 87
reasonable allowance for the consumer's use of the vehicle, if applicable. 88
Incidental damages include, but are not limited to, compensation for 89
any commercially reasonable charges or expenses with respect to: (A) 90
Inspection, receipt, transportation, care or custody of the motor vehicle, 91
(B) covering, returning or disposition of the motor vehicle, (C) 92
reasonable efforts to minimize or avoid the consequences of financial 93
default related to the motor vehicle, and (D) effectuating other remedies 94
after a defect or condition that substantially impaired the motor vehicle 95
has been reported to a dealership or manufacturer. No authorized 96
dealer shall be held liable by the manufacturer for any refunds or vehicle 97
replacements in the absence of evidence indicating that dealership 98
repairs have been carried out in a manner inconsistent with the 99
manufacturers' instructions. Refunds or replacements shall be made to 100
the consumer, lessor and lienholder if any, as their interests may appear. 101
A reasonable allowance for use shall be that amount obtained by 102
multiplying the total contract price of the vehicle by a fraction having as 103
its denominator one hundred twenty thousand and having as its 104
numerator the number of miles that the vehicle traveled prior to the 105
manufacturer's acceptance of its return. It shall be an affirmative defense 106
to any claim under this section (1) that an alleged nonconformity does 107
not substantially impair such use, safety or value or (2) that a 108
nonconformity is the result of abuse, neglect or unauthorized 109
modifications or alterations of a motor vehicle by a consumer. 110
(e) It shall be presumed that a reasonable number of attempts have 111
been undertaken to conform a motor vehicle to the applicable express 112
warranties, if (1) the same nonconformity has been subject to repair four 113
or more times by the manufacturer or its agents or authorized dealers 114
during the period of two years following the date of original delivery of 115 Raised Bill No. 139
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the motor vehicle to a consumer or during the period of the first twenty-116
four thousand miles of operation, whichever period ends first, but such 117
nonconformity continues to exist or (2) the vehicle is out of service by 118
reason of repair for a cumulative total of thirty or more calendar days 119
during the applicable period, determined pursuant to subdivision (1) of 120
this subsection. Such two-year period and such thirty-day period shall 121
be extended by any period of time during which repair services are not 122
available to the consumer because of a war, invasion, strike or fire, flood 123
or other natural disaster. No claim shall be made under this section 124
unless at least one attempt to repair a nonconformity has been made by 125
the manufacturer or its agent or an authorized dealer or unless such 126
manufacturer, its agent or an authorized dealer has refused to attempt 127
to repair such nonconformity. 128
(f) If a motor vehicle has a nonconformity which results in a condition 129
which is likely to cause death or serious bodily injury if the vehicle is 130
driven, it shall be presumed that a reasonable number of attempts have 131
been undertaken to conform such vehicle to the applicable express 132
warranties if the nonconformity has been subject to repair at least twice 133
by the manufacturer or its agents or authorized dealers within the 134
express warranty term or during the period of one year following the 135
date of the original delivery of the motor vehicle to a consumer, 136
whichever period ends first, but such nonconformity continues to exist. 137
The term of an express warranty and such one-year period shall be 138
extended by any period of time during which repair services are not 139
available to the consumer because of war, invasion, strike or fire, flood 140
or other natural disaster. 141
(g) (1) No motor vehicle which is returned to any person pursuant to 142
any provision of this chapter or in settlement of any dispute related to 143
any complaint made under the provisions of this chapter and which 144
requires replacement or refund shall be resold, transferred or leased in 145
the state without clear and conspicuous written disclosure of the fact 146
that such motor vehicle was so returned prior to resale or lease. Such 147
disclosure shall be affixed to the motor vehicle and shall be included in 148
any contract for sale or lease. The Commissioner of Motor Vehicles shall, 149 Raised Bill No. 139
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by regulations adopted in accordance with the provisions of chapter 54, 150
prescribe the form and content of any such disclosure statement and 151
establish provisions by which the commissioner may remove such 152
written disclosure after such time as the commissioner may determine 153
that such motor vehicle is no longer defective. (2) [If] For any motor 154
vehicle subject to a complaint made under the provisions of this chapter, 155
if a manufacturer accepts the return of a motor vehicle or compensates 156
any person who accepts the return of a motor vehicle, [pursuant to 157
subdivision (1) of this subsection] whether the return is pursuant to an 158
arbitration award or settlement, such manufacturer shall stamp the 159
words ["MANUFACTURER BUYBACK "] "MANUFACTURER 160
BUYBACK-LEMON" clearly and conspicuously on the face of the 161
original title in letters at least one-quarter inch high and, within ten days 162
of receipt of the title, shall submit a copy of the stamped title to the 163
Department of Motor Vehicles. The Department of Motor Vehicles shall 164
maintain a listing of such buyback vehicles and in the case of any request 165
for a title for a buyback vehicle, shall cause the words 166
["MANUFACTURER BUYBACK "] "MANUFACTURER BUYBACK -167
LEMON" to appear clearly and conspicuously on the face of the new 168
title in letters which are at least one-quarter inch high. Any person who 169
applies for a title shall disclose to the department the fact that such 170
vehicle was returned as set forth in this subsection. (3) If a manufacturer 171
accepts the return of a motor vehicle from a consumer due to a 172
nonconformity or defect, in exchange for a refund or a replacement 173
vehicle, whether as a result of an administrative or judicial 174
determination, an arbitration proceeding or a voluntary settlement, the 175
manufacturer shall notify the Department of Motor Vehicles and shall 176
provide the department with all relevant information, including the 177
year, make, model, vehicle identification number and prior title number 178
of the vehicle. Such manufacturer shall stamp the words 179
"MANUFACTURER BUYBACK -LEMON" clearly and conspicuously 180
on the face of the original title in letters at least one-quarter-inch high, 181
and, within ten days of receipt of the title, shall submit a copy of the 182
stamped title to the Department of Motor Vehicles. The Commissioner 183
of Motor Vehicles shall adopt regulations in accordance with chapter 54 184 Raised Bill No. 139
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specifying the format and time period in which such information shall 185
be provided and the nature of any additional information which the 186
commissioner may require. (4) The provisions of this subsection shall 187
apply to motor vehicles originally returned in another state from a 188
consumer due to a nonconformity or defect in exchange for a refund or 189
replacement vehicle and which a lessor or transferor with actual 190
knowledge subsequently sells, transfers or leases in this state. If a 191
manufacturer fails to brand a title pursuant to this subsection within ten 192
days of assuming possession of the motor vehicle or compensating any 193
person who accepts the return, the Department of Consumer Protection 194
may impose on the manufacturer a fine not to exceed ten thousand 195
dollars. Any such fine collected shall be deposited into the new 196
automobile warranties account established pursuant to section 42-190, 197
as amended by this act. 198
(h) All express and implied warranties arising from the sale of a new 199
motor vehicle shall be subject to the provisions of part 3 of article 2 of 200
title 42a. 201
(i) Nothing in this section shall in any way limit the rights or remedies 202
which are otherwise available to a consumer under any other law. 203
(j) If a manufacturer has established an informal dispute settlement 204
procedure which is certified by the Attorney General as complying in 205
all respects with the provisions of Title 16 Code of Federal Regulations 206
Part 703, as in effect on October 1, 1982, and with the provisions of 207
subsection (b) of section 42-182, the provisions of subsection (d) of this 208
section concerning refunds or replacement shall not apply to any 209
consumer who has not first resorted to such procedure. 210
Sec. 3. Section 42-181 of the general statutes is repealed and the 211
following is substituted in lieu thereof (Effective October 1, 2020): 212
(a) The Department of Consumer Protection, shall provide an 213
independent arbitration procedure for the settlement of disputes 214
between consumers and manufacturers of motor vehicles which do not 215
conform to all applicable warranties under the terms of section 42-179, 216 Raised Bill No. 139
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as amended by this act. The Commissioner of Consumer Protection shall 217
appoint as arbitrators individuals who shall not be employees or 218
independent contractors with any business involved in the 219
manufacture, distribution, sale or service of any motor vehicle. The 220
arbitrator shall be a member of an arbitration organization and shall 221
serve with compensation. The Department of Consumer Protection may 222
refer an arbitration dispute to the American Arbitration Association or 223
other arbitration organization in accordance with regulations adopted 224
in accordance with the provisions of chapter 54, provided such 225
organization and any arbitrators appointed by such organization to hear 226
cases shall not be affiliated with any motor vehicle manufacturer, 227
distributor, dealer or repairer. Such arbitration organizations shall 228
comply with the provisions of subsections (b) and (c) of this section. 229
(b) If any motor vehicle purchased at any time on or after October 1, 230
1984, or leased at any time on or after June 17, 1987, fails to conform to 231
such applicable warranties as defined in said section 42-179, as amended 232
by this act, a consumer may bring a grievance to an arbitrator if the 233
manufacturer of the vehicle has not established an informal dispute 234
settlement procedure which the Attorney General has certified as 235
complying in all respects with the requirements of said section 42-179, 236
as amended by this act. The consumer may initiate a request for 237
arbitration by calling a toll-free telephone number designated by the 238
commissioner or by requesting an arbitration hearing in writing. The 239
consumer shall file, on forms prescribed by the commissioner, any 240
information deemed relevant to the resolution of the dispute and shall 241
return the form accompanied by a filing fee of fifty dollars. Prior to 242
submitting the complaint to an arbitrator, the Department of Consumer 243
Protection shall conduct an initial review of the complaint. The 244
department shall determine whether the complaint should be accepted 245
or rejected for arbitration based on whether it alleges that the 246
manufacturer has failed to comply with section 42-179, as amended by 247
this act. The filing fee shall be refunded if the department determines 248
that a complaint does not allege a violation of any applicable warranty 249
under the requirements of said section 42-179, as amended by this act. 250 Raised Bill No. 139
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Upon acceptance of the complaint, the commissioner shall notify the 251
manufacturer of the filing of a request for arbitration and shall obtain 252
from the manufacturer, in writing on a form prescribed by the 253
commissioner, any information deemed relevant to the resolution of the 254
dispute. The manufacturer shall return the form within fifteen days of 255
receipt, together with a filing fee of two hundred fifty dollars. Upon 256
written agreement of the parties, signed after the consumer has initiated 257
a request for arbitration, the case may be presented to the arbitrator 258
solely based on the written documents submitted by such parties. A 259
lessee who brings a grievance to an arbitrator under this section shall, 260
upon filing the complaint form provided for in this section, provide the 261
lessor with notice by registered or certified mail, return receipt 262
requested, and the lessor may petition the arbitrator to be made a party 263
to the arbitration proceedings. Initial determinations to reject a 264
complaint for arbitration shall be submitted to an arbitrator for a final 265
decision upon receipt of a written request from the consumer for a 266
review of the initial eligibility determination and a filing fee of fifty 267
dollars. If a complaint is accepted for arbitration, an arbitrator may 268
determine that a complaint does not allege that the manufacturer has 269
failed to comply with section 42-179, as amended by this act at any time 270
before such arbitrator renders its decision on the merits of the dispute. 271
The fee accompanying the consumer's complaint form shall be refunded 272
to the consumer and the fee accompanying the form filed by the 273
manufacturer shall be refunded to the manufacturer if the arbitrator 274
determines that a complaint does not allege a violation of the provisions 275
of section 42-179, as amended by this act. 276
(c) The Department of Consumer Protection shall investigate, gather 277
and organize all information necessary for a fair and timely decision in 278
each dispute. The commissioner may issue subpoenas on behalf of any 279
arbitrator to compel the attendance of witnesses and the production of 280
documents, papers and records relevant to the dispute. The department 281
shall forward a copy of all written testimony, including all documentary 282
evidence, to an independent technical expert certified by the National 283
Institute of Automotive Service Excellence or having a degree or other 284 Raised Bill No. 139
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credentials from a nationally recognized organization or institution 285
attesting to automotive expertise, who shall review such material and 286
be available to advise and consult with the arbitrator. An arbitrator 287
shall, as expeditiously as possible, but not later than sixty days after the 288
time the consumer files the complaint form together with the filing fee, 289
render a fair decision based on the information gathered and disclose 290
his or her findings and the reasons therefor to the parties involved. The 291
failure of the arbitrator to render a decision within sixty days shall not 292
void any subsequent decision or otherwise limit the powers of the 293
arbitrator. The arbitrator shall base his or her determination of liability 294
solely on whether the manufacturer has failed to comply with section 295
42-179, as amended by this act. The arbitration decision shall be final 296
and binding as to the rights of the parties pursuant to section 42-179, as 297
amended by this act, subject only to judicial review as set forth in this 298
subsection. The decision shall provide appropriate remedies, including, 299
but not limited to, one or more of the following: 300
(1) Replacement of the vehicle with an identical or comparable new 301
vehicle acceptable to the consumer; 302
(2) Refund of the full contract price, plus collateral charges as 303
specified in subsection (d) of section 42-179, as amended by this act; 304
(3) Reimbursement for expenses and compensation for incidental 305
damages as specified in subsection (d) of section 42-179, as amended by 306
this act; 307
(4) Any other remedies available under the applicable warranties, 308
section 42-179, as amended by this act, this section and sections 42-182 309
to 42-184, inclusive, or the Magnuson-Moss Warranty-Federal Trade 310
Commission Improvement Act, 88 Stat. 2183 (1975), 15 USC 2301 et seq., 311
as in effect on October 1, 1982, other than repair of the vehicle. The 312
decision shall specify a date for performance and completion of all 313
awarded remedies. Notwithstanding any provision of the general 314
statutes or any regulation to the contrary, the Department of Consumer 315
Protection shall not amend, reverse, rescind or revoke any decision or 316 Raised Bill No. 139
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action of an arbitrator. The department shall contact the consumer, 317
within ten business days after the date for performance, to determine 318
whether performance has occurred. The manufacturer shall act in good 319
faith in abiding by any arbitration decision. In addition, either party to 320
the arbitration may make application to the superior court for the 321
judicial district in which one of the parties resides or, when the court is 322
not in session, any judge thereof for an order confirming, vacating, 323
modifying or correcting any award, in accordance with the provisions 324
of this section and sections 52-417, 52-418, 52-419 and 52-420. Upon filing 325
such application the moving party shall mail a copy of the application 326
to the Attorney General and, upon entry of any judgment or decree, 327
shall mail a copy of such judgment or decree to the Attorney General. A 328
review of such application shall be confined to the record of the 329
proceedings before the arbitrator. The court shall conduct a de novo 330
review of the questions of law raised in the application. In addition to 331
the grounds set forth in sections 52-418 and 52-419, the court shall 332
consider questions of fact raised in the application. In reviewing 333
questions of fact, the court shall uphold the award unless it determines 334
that the factual findings of the arbitrator are not supported by 335
substantial evidence in the record and that the substantial rights of the 336
moving party have been prejudiced. If the arbitrator fails to state 337
findings or reasons for the award, or the stated findings or reasons are 338
inadequate, the court shall search the record to determine whether a 339
basis exists to uphold the award. If it is determined by the court that the 340
manufacturer has acted without good cause in bringing an appeal of an 341
award, the court, in its discretion, may grant to the consumer his costs 342
and reasonable attorney's fees. If the manufacturer fails to perform all 343
awarded remedies by the date for performance specified by the 344
arbitrator, and the enforcement of the award has not been stayed 345
pursuant to subsection (c) of section 52-420, then each additional day the 346
manufacturer wilfully fails to comply shall be deemed a separate 347
violation for purposes of section 42-184. If the manufacturer fails to 348
perform regarding all awarded remedies by the date of performance 349
specified by the arbitrator, and enforcement of the award has not been 350
stayed pursuant to subsection (c) of section 52-240, the department may 351 Raised Bill No. 139
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impose a fine not to exceed one thousand dollars per day until the 352
manufacturer fully performs as specified by the award. Any such fines 353
collected shall be deposited into the new automobile warranties account 354
established pursuant to section 42-190, as amended by this act. 355
(d) The department shall maintain such records of each dispute as the 356
commissioner may require, including an index of disputes by brand 357
name and model. The department shall annually compile and maintain 358
statistics indicating the record of manufacturer compliance with 359
arbitration decisions and the number of refunds or replacements 360
awarded. A copy of the statistical summary shall be filed with the 361
Commissioner of Motor Vehicles and shall be considered a factor in 362
determining the issuance of any manufacturer license as required under 363
section 14-67a. The summary shall be a public record. 364
(e) If a manufacturer has not established an informal dispute 365
settlement procedure certified by the Attorney General as complying 366
with the requirements of said section 42-179, as amended by this act, 367
public notice of the availability of the department's automobile dispute 368
settlement procedure shall be prominently posted in the place of 369
business of each new car dealer licensed by the Department of Motor 370
Vehicles to engage in the sale of such manufacturer's new motor 371
vehicles. Display of such public notice shall be a condition of licensure 372
under sections 14-52 and 14-64. The Commissioner of Consumer 373
Protection shall determine the size, type face, form and wording of the 374
sign required by this section, which shall include the toll-free telephone 375
number and the address to which requests for the department's 376
arbitration services may be sent. 377
(f) Any consumer injured by the operation of any procedure which 378
does not conform with procedures established by a manufacturer 379
pursuant to subsection (b) of section 42-182 and the provisions of Title 380
16 Code of Federal Regulations Part 703, as in effect on October 1, 1982, 381
may appeal any decision rendered as the result of such a procedure by 382
requesting arbitration de novo of the dispute by an arbitrator. Filing 383
procedures and fees for appeals shall be the same as those required in 384 Raised Bill No. 139
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subsection (b) of this section. The findings of the manufacturer's 385
informal dispute settlement procedure may be admissible in evidence 386
at such arbitration and in any civil action subsequently arising out of 387
any warranty obligation or matter related to the dispute. Any consumer 388
so injured may, in addition, request the Attorney General to investigate 389
the manufacturer's procedure to determine whether its certification 390
shall be suspended or revoked after proper notice and hearing. The 391
Attorney General shall establish procedures for processing such 392
consumer complaints and maintain a record of the disposition of such 393
complaints, which record shall be included in the annual report 394
prepared in accordance with the provisions of subsection (a) of section 395
42-182. 396
(g) The Commissioner of Consumer Protection shall adopt 397
regulations, in accordance with the provisions of chapter 54, to carry out 398
the purposes of this section. Written copies of the regulations and 399
appropriate arbitration hearing procedures shall be provided to any 400
person upon request. 401
(h) After a consumer submits the forms and fee pursuant to 402
subsection (b) of this section and until such time that a decision or 403
settlement is rendered, the consumer shall notify any individual or 404
entity to whom he or she sells the motor vehicle that an action is pending 405
with the department pursuant to this section. Such notice shall be given 406
prior to the buyer's execution of the bill of sale, and shall include any 407
case number or reference number provided by the department to the 408
consumer. The consumer shall (1) notify the department not later than 409
five days after the buyer's execution of the bill of sale that the motor 410
vehicle has been sold, (2) provide the department with the name and 411
contact information of the buyer, and (3) attest that notice of the pending 412
action was given to the buyer prior to the buyer's execution of the bill of 413
sale. 414
Sec. 4. Section 42-190 of the general statutes is repealed and the 415
following is substituted in lieu thereof (Effective October 1, 2020): 416 Raised Bill No. 139
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(a) A new automobile warranties account surcharge is hereby 417
imposed on the sale or lease of each new motor vehicle, as defined in 418
section 42-179, as amended by this act, sold or leased in this state by any 419
person licensed to offer such vehicles for sale under section 14-52. Such 420
surcharge shall be in addition to any tax otherwise applicable to any 421
such sales transaction. 422
(b) The surcharge assessed pursuant to this section shall be at a rate 423
of three dollars per motor vehicle, as defined in section 42-179, as 424
amended by this act. Such surcharge shall be collected by each licensee 425
under section 14-52 engaged in the sale or lease of motor vehicles, as 426
defined in section 42-179, as amended by this act, in this state. Such 427
licensee shall pay the surcharges assessed during the prior calendar year 428
to the Department of Consumer Protection in an annual lump sum 429
payment on or before March thirty-first
of each year. Said department 430
may assess a late fee of two dollars per vehicle. 431
(c) Proceeds collected from surcharges assessed under this section 432
shall be deposited in the new automobile warranties account established 433
pursuant to subsection (d) of this section. 434
(d) There is established a separate, nonlapsing account, within the 435
General Fund, to be known as the "new automobile warranties account". 436
The account may contain any moneys required by law to be deposited 437
in the account. The moneys in said account shall be allocated to the 438
Department of Consumer Protection to carry out the purposes of this 439
chapter. 440
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 21a-219
Sec. 2 October 1, 2020 42-179
Sec. 3 October 1, 2020 42-181
Sec. 4 October 1, 2020 42-190
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Statement of Purpose:
To amend consumer protection statutes concerning health clubs and the
automobile lemon law.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]