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General Assembly Raised Bill No. 5148
February Session, 2022
LCO No. 1206
Referred to Committee on GENERAL LAW
Introduced by:
(GL)
AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS'
RECOMMENDATIONS FOR TECHNICAL AND OTHER CHANGES TO
THE CONSUMER PROTECTION AND RELATED STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (g) of section 20-432 of the 2022 supplement to 1
the general statutes, as amended by section 8 of public act 21-197, is 2
repealed and the following is substituted in lieu thereof (Effective July 1, 3
2022): 4
(g) Before the commissioner may issue any order directing payment 5
out of the guaranty fund to an owner pursuant to [subsections] 6
subsection (e) or (f) of this section, the commissioner shall first notify the 7
contractor of the owner's application for an order directing payment out 8
of the guaranty fund and of the contractor's right to a hearing to contest 9
the disbursement in the event that the contractor has already paid the 10
owner or is complying with a payment schedule in accordance with a 11
court judgment, order or decree. Such notice shall be given to the 12
contractor not later than fifteen days after receipt by the commissioner 13
of the owner's application for an order directing payment out of the 14
guaranty fund. If the contractor requests a hearing, in writing, by 15 Raised Bill No. 5148
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certified mail not later than fifteen days after receiving the notice from 16
the commissioner, the commissioner shall grant such request and shall 17
conduct a hearing in accordance with the provisions of chapter 54. If the 18
commissioner does not receive a request by certified mail from the 19
contractor for a hearing not later than fifteen days after the contractor's 20
receipt of such notice, the commissioner shall determine that the owner 21
has not been paid, and the commissioner shall issue an order directing 22
payment out of the guaranty fund for the amount unpaid upon the 23
judgment, order or decree for actual damages and costs taxed by the 24
court against the contractor, exclusive of punitive damages, or for the 25
amount unpaid upon the order of restitution. 26
Sec. 2. Subsection (b) of section 20-691 of the 2022 supplement to the 27
general statutes is repealed and the following is substituted in lieu 28
thereof (Effective October 1, 2022): 29
(b) (1) A person seeking registration as a locksmith shall apply to the 30
commissioner on a form provided by the commissioner. The application 31
shall include the applicant's name, residence address, business address, 32
business telephone number, a question as to whether the applicant has 33
been convicted of a felony in any state or jurisdiction, and such other 34
information as the commissioner may require. The applicant shall 35
submit to a request by the commissioner for a state and national criminal 36
history records check conducted in accordance with the provisions of 37
section 29-17a. No registration shall be issued unless the commissioner 38
has received the results of [a] such records check. In accordance with the 39
provisions of section 46a-80 and after a hearing held pursuant to chapter 40
54, the commissioner may revoke, refuse to issue or refuse to renew a 41
registration when an applicant's criminal history records check reveals 42
the applicant has been convicted of a crime of dishonesty, fraud, theft, 43
assault, other violent offense or a crime related to the performance of 44
locksmithing. 45
(2) The application fee for registration as a locksmith and the biennial 46
renewal fee for such registration shall be two hundred dollars. 47 Raised Bill No. 5148
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(3) The department shall establish and maintain a registry of 48
locksmiths. The registry shall contain the names and addresses of 49
registered locksmiths and such other information as the commissioner 50
may require. Such registry shall be updated at least annually by the 51
department, be made available to the public upon request and be 52
published on the department's Internet web site. 53
(4) No person shall engage in locksmithing, use the title locksmith or 54
display or use any words, letters, figures, title, advertisement or other 55
method to indicate said person is a locksmith unless such person has 56
obtained a registration as provided in this section. 57
(5) The following persons shall be exempt from registration as a 58
locksmith, but only if the person performing the service does not hold 59
himself or herself out to the public as a locksmith: (A) Persons employed 60
by a state, municipality or other political subdivision, or by any agency 61
or department of the government of the United States, acting in their 62
official capacity; (B) automobile service dealers who service, install, 63
repair or rebuild automobile locks; (C) retail merchants selling locks or 64
similar security accessories or installing, programming, repairing, 65
maintaining, reprogramming, rebuilding or servicing electronic garage 66
door devices; (D) members of the building trades who install or remove 67
complete locks or locking devices in the course of residential or 68
commercial new construction or remodeling; (E) employees of towing 69
services [,] or repossessors, or employees or representatives of [an] 70
automobile [club representative or employee opening] clubs, who open 71
automotive locks in the normal course of [his or her] their business. The 72
provisions of this section shall not prohibit an employee of a towing 73
service from opening motor vehicles to enable a vehicle to be moved 74
without towing, provided the towing service does not hold itself out to 75
the public, by directory advertisement, through a sign at the facilities of 76
the towing service or by any other form of advertisement, as a 77
locksmith; (F) students in a course of study in locksmith programs 78
approved by the department; (G) warranty services by a lock 79
manufacturer or its employees on the manufacturer's own products; (H) 80
maintenance employees of a property owner or property management 81 Raised Bill No. 5148
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companies at multifamily residential buildings, who service, install, 82
repair or open locks for tenants; (I) persons employed as security 83
personnel at schools or institutions of higher education who open locks 84
while acting in the course of their employment; and (J) persons who 85
service, install or repair electronic locks, access control devices or other 86
similar locking devices that connect to an electronic security system, 87
provided such persons maintain an electrical contractor or 88
journeyperson licensed to perform such work as required pursuant to 89
chapter 393. 90
Sec. 3. Subsection (d) of section 21-71 of the 2022 supplement to the 91
general statutes is repealed and the following is substituted in lieu 92
thereof (Effective October 1, 2022): 93
(d) The department may issue an order to any owner determined to 94
be in violation of any provision of this chapter or any regulation issued 95
under this section after an inspection of a mobile manufactured home 96
park, providing for the immediate discontinuance of the violation or 97
timely remediation of such violation. Any owner of a mobil e 98
manufactured home park who fails to comply with any orders 99
contained in a notice of violation resulting from a reinspection of such 100
park not later than thirty days after [of] issuance of such notice, 101
including confirmation of active licensure, shall be fined five hundred 102
dollars per violation and shall follow the procedures specified in section 103
51-164n. 104
Sec. 4. Subdivision (21) of section 21a-420 of the 2022 supplement to 105
the general statutes is repealed and the following is substituted in lieu 106
thereof (Effective October 1, 2022): 107
(21) "Equity" and "equitable" means efforts, regulations, policies, 108
programs, standards, processes and any other functions of government 109
or principles of law and governance intended to: (A) Identify and 110
remedy past and present patterns of discrimination and disparities of 111
race, ethnicity, gender and sexual orientation; (B) ensure that such 112
patterns of discrimination and disparities, whether intentional or 113 Raised Bill No. 5148
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unintentional, are neither reinforced nor perpetuated; and (C) prevent 114
the emergence and persistence of foreseeable future patterns of 115
discrimination or disparities of race, ethnicity, gender [,] and sexual 116
orientation; 117
Sec. 5. Subsection (e) of section 21a-420z of the 2022 supplement to 118
the general statutes is repealed and the following is substituted in lieu 119
thereof (Effective October 1, 2022): 120
(e) The commissioner shall adopt regulations, in accordance with 121
chapter 54, to implement the provisions of RERACA. Notwithstanding 122
the requirements of sections 4-168 to 4-172, inclusive, in order to 123
effectuate the purposes of RERACA and protect public health and 124
safety, prior to adopting such regulations the commissioner shall issue 125
policies and procedures to implement the provisions of this section that 126
shall have the force and effect of law. The commissioner shall post all 127
policies and procedures on the department's Internet web site, and 128
submit such policies and procedures to the Secretary of the State for 129
posting on the eRegulations System, at least fifteen days prior to the 130
effective date of any policy or procedure. Any such policy or procedure 131
shall no longer be effective upon the earlier of either adoption of such 132
policy or procedure as a final regulation under section 4-172 or forty-133
eight months from July 1, 2021, if such final regulations have not been 134
submitted to the legislative regulation review committee for 135
consideration under section 4-170. The commissioner shall issue policies 136
and procedures, and thereafter adopt final regulations, requiring that: 137
(1) The delivery service and transporter meet certain security 138
requirements related to the storage, handling and transport of cannabis, 139
the vehicles employed, the conduct of employees and agents, and the 140
documentation that shall be maintained by the delivery service, 141
transporter and its drivers; (2) a delivery service that delivers cannabis 142
to consumers maintain an online interface that verifies the age of 143
consumers ordering cannabis for delivery and meets certain 144
specifications and data security standards; and (3) a delivery service that 145
delivers cannabis to consumers, qualifying patients or caregivers, and 146
all employees and agents of such licensee, to verify the identity of the 147 Raised Bill No. 5148
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qualifying patient, caregiver or consumer and the age of the consumer 148
upon delivery of cannabis to the end consumer, qualifying patient [,] or 149
caregiver, in a manner acceptable to the commissioner. The individual 150
placing the cannabis order shall be the individual accepting delivery of 151
the cannabis except, in the case of a qualifying patient, the individual 152
accepting the delivery may be the caregiver of such qualifying patient. 153
Sec. 6. Subsection (b) of section 29-143b of the 2022 supplement to the 154
general statutes is repealed and the following is substituted in lieu 155
thereof (Effective October 1, 2022): 156
(b) Nothing in section 29-133 or 29-136 shall be construed to preclude 157
the hiring of certified lifeguards under the age of eighteen to oversee 158
aquatic rides and devices such as pools, water slides, lazy rivers [,] or 159
interactive aquatic play devices, provided an adult of at least eighteen 160
years of age who is trained in normal operating and emergency 161
procedures supervises the area containing such aquatic rides or devices. 162
Sec. 7. Subsection (a) of section 30-37f of the 2022 supplement to the 163
general statutes is repealed and the following is substituted in lieu 164
thereof (Effective October 1, 2022): 165
(a) Notwithstanding the provisions of any general statute or 166
regulation to the contrary, (1) the state of Connecticut, as owner or lessor 167
of premises at Bradley International Airport, shall be permitted to enter 168
into an arrangement with any concessionaire or lessee holding a permit 169
or permits at Bradley International Airport, and receive payments from 170
such concessionaire or lessee, without regard to the level or percentage 171
of gross receipts from the gross sales of alcoholic liquor by such 172
concessionaire or lessee; (2) any person may be a permittee for more 173
than one cafe permit issued pursuant to subsection (d) of section 30-22a; 174
and (3) any area subject to a permit in Bradley International Airport that 175
is contiguous to or within any concourse area shall not be required to 176
provide a single point of egress or ingress or to effectively separate the 177
bar area or any dining area from the concourse area by means of 178
partitions, fences [,] or doors, provided that a permittee of such area may 179 Raised Bill No. 5148
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be required by the Department of Consumer Protection to provide a 180
barrier to separate the back bar area from the concourse area to prevent 181
public access to the portion of the back bar area from which liquor is 182
dispensed, if physically practicable. 183
Sec. 8. Subsection (b) of section 30-48 of the 2022 supplement to the 184
general statutes is repealed and the following is substituted in lieu 185
thereof (Effective October 1, 2022): 186
(b) No permittee or backer thereof and no employee or agent of such 187
permittee or backer shall borrow money or receive credit in any form 188
for a period in excess of thirty days, directly or indirectly, from any 189
manufacturer permittee, or backer thereof, or from any wholesaler 190
permittee, or backer thereof, of alcoholic liquor or from any member of 191
the family of such manufacturer permittee or backer thereof or from any 192
stockholder in a corporation manufacturing or wholesaling such liquor, 193
and no manufacturer permittee or backer thereof or wholesaler 194
permittee or backer thereof or member of the family of either of such 195
permittees or of any such backer, and no stockholder of a corporation 196
manufacturing or wholesaling such liquor shall lend money or 197
otherwise extend credit, directly or indirectly, to any such permittee or 198
backer thereof or to the employee or agent of any such permittee or 199
backer. A wholesaler permittee or backer, or a manufacturer permittee 200
or backer, that has not received payment in full from a retailer permittee 201
or backer within thirty days after the date such credit was extended to 202
such retailer or backer or to an employee or agent of any such retailer or 203
backer, shall give a written notice of obligation to such retailer within 204
the five days following the expiration of the thirty-day period of credit. 205
The notice of obligation shall state: The amount due; the date credit was 206
extended; the date the thirty-day period ended; [,] and that the retailer 207
is in violation of this section. A retailer who disputes the accuracy of the 208
"notice of obligation" shall, within the ten days following the expiration 209
of the thirty-day period of credit, give a written response to notice of 210
obligation to the department and give a copy to the wholesaler or 211
manufacturer who sent the notice. The response shall state the retailer's 212
basis for dispute and the amount, if any, admitted to be owed for more 213 Raised Bill No. 5148
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than thirty days; the copy forwarded to the wholesaler or manufacturer 214
shall be accompanied by the amount admitted to be due, if any, and 215
such payment shall be made and received without prejudice to the 216
rights of either party in any civil action. Upon receipt of the retailer's 217
response, the chairman of the commission or such chairman's designee 218
shall conduct an informal hearing with the parties being given equal 219
opportunity to appear and be heard. If the chairman or such chairman's 220
designee determines that the notice of obligation is accurate, the 221
department shall forthwith issue an order directing the wholesaler or 222
manufacturer to promptly give all manufacturers and wholesalers 223
engaged in the business of selling alcoholic liquor to retailers in this 224
state, a "notice of delinquency". The notice of delinquency shall identify 225
the delinquent retailer, and state the amount due and the date of the 226
expiration of the thirty-day credit period. No wholesaler or 227
manufacturer receiving a notice of delinquency shall extend credit by 228
the sale of alcoholic liquor or otherwise to such delinquent retailer until 229
after the manufacturer or wholesaler has received a "notice of 230
satisfaction" from the sender of the notice of delinquency. If the 231
chairman or such chairman's designee determines that the notice of 232
obligation is inaccurate, the department shall forthwith issue an order 233
prohibiting a notice of delinquency. The party for whom the 234
determination by the chairman or such chairman's designee was 235
adverse, shall promptly pay to the department a part of the cost of the 236
proceedings as determined by the chairman or such chairman's 237
designee, which shall not be less than fifty dollars. The department may 238
suspend or revoke the permit of any permittee who, in bad faith, gives 239
an incorrect notice of obligation, an incorrect response to notice of 240
obligation, or an unauthorized notice of delinquency. If the department 241
does not receive a response to the notice of obligation within such ten-242
day period, the delinquency shall be deemed to be admitted and the 243
wholesaler or manufacturer who sent the notice of obligation shall, 244
within the three days following the expiration of such ten-day period, 245
give a notice of delinquency to the department and to all wholesalers 246
and manufacturers engaged in the business of selling alcoholic liquor to 247
retailers in this state. A notice of delinquency identifying a retailer who 248 Raised Bill No. 5148
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does not file a response within such ten-day period shall have the same 249
effect as a notice of delinquency given by order of the chairman or such 250
chairman's designee. A wholesaler permittee or manufacturer permittee 251
that has given a notice of delinquency and that receives full payment for 252
the credit extended, shall, within three days after the date of full 253
payment, give a notice of satisfaction to the department and to all 254
wholesalers and manufacturers to whom a notice of delinquency was 255
sent. The prohibition against extension of credit to such retailer shall be 256
void upon such full payment. The department may revoke or suspend 257
any permit for a violation of this section. An appeal from an order of 258
revocation or suspension issued in accordance with this section may be 259
taken in accordance with section 30-60. 260
Sec. 9. Section 42-179 of the 2022 supplement to the general statutes 261
is repealed and the following is substituted in lieu thereof (Effective 262
October 1, 2022): 263
(a) As used in this chapter: 264
(1) "Consumer" means the purchaser, other than for purposes of 265
resale, of a motor vehicle, a lessee of a motor vehicle, any person to 266
whom such motor vehicle is transferred during the duration of an 267
express warranty applicable to such motor vehicle, and any person 268
entitled by the terms of such warranty to enforce the obligations of the 269
warranty; and 270
(2) ["motor vehicle"] "Motor vehicle" means a passenger motor 271
vehicle, a passenger and commercial motor vehicle or a motorcycle, as 272
defined in section 14-1, which is sold or leased in this state. 273
(b) If a new motor vehicle does not conform to all applicable express 274
warranties, and the consumer reports the nonconformity to the 275
manufacturer, its agent or its authorized dealer during the period of two 276
years following the date of original delivery of the motor vehicle to a 277
consumer or during the period of the first twenty-four thousand miles 278
of operation, whichever period ends first, the manufacturer, its agent or 279
its authorized dealer shall make such repairs as are necessary to 280 Raised Bill No. 5148
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conform the vehicle to such express warranties, notwithstanding the 281
fact that such repairs are made after the expiration of the applicable 282
period. 283
(c) No consumer shall be required to notify the manufacturer of a 284
claim under this section and sections 42-181 to 42-184, inclusive, unless 285
the manufacturer has clearly and conspicuously disclosed to the 286
consumer, in the warranty or owner's manual, that written notification 287
of the nonconformity is required before the consumer may be eligible 288
for a refund or replacement of the vehicle. The manufacturer shall 289
include with the warranty or owner's manual the name and address to 290
which the consumer shall send such written notification. 291
(d) (1) If the manufacturer or its agents or authorized dealers are 292
unable to conform the motor vehicle to any applicable express warranty 293
by repairing or correcting any defect or condition which substantially 294
impairs the use, safety or value of the motor vehicle to the consumer 295
after a reasonable number of attempts, the manufacturer shall replace 296
the motor vehicle with a new motor vehicle acceptable to the consumer, 297
or accept return of the vehicle from the consumer and refund to the 298
consumer, lessor and lienholder, if any, as their interests may appear, 299
the following: [(1)] (A) The full contract price, including, but not limited 300
to, charges for undercoating, dealer preparation and transportation and 301
installed options; [, (2)] (B) all collateral charges, including but not 302
limited to, sales tax, license and registration fees, and similar 303
government charges; [, (3)] (C) all finance charges incurred by the 304
consumer after he first reports the nonconformity to the manufacturer, 305
agent or dealer and during any subsequent period when the vehicle is 306
out of service by reason of repair; [,] and [(4)] (D) all incidental damages, 307
if applicable, less a reasonable allowance for the consumer's use of the 308
vehicle. 309
(2) [Incidental] For the purposes of this subsection, incidental 310
damages include, but are not limited to, compensation for any 311
commercially reasonable charges or expenses with respect to: (A) 312
Inspection, receipt, transportation, care or custody of the motor vehicle; 313 Raised Bill No. 5148
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[,] (B) covering, returning or disposing of the motor vehicle; [,] (C) 314
reasonable efforts to minimize or avoid the consequences of financial 315
default related to the motor vehicle; [,] and (D) effectuating other 316
remedies after a defect or condition that substantially impaired the 317
motor vehicle has been reported to a dealership or manufacturer. 318
(3) No authorized dealer shall be held liable by the manufacturer for 319
any refunds or vehicle replacements in the absence of evidence 320
indicating that dealership repairs have been carried out in a manner 321
inconsistent with the manufacturers' instructions. Refunds or 322
replacements shall be made to the consumer, lessor and lienholder if 323
any, as their interests may appear. A reasonable allowance for use shall 324
be that amount obtained by multiplying the total contract price of the 325
vehicle by a fraction having as its denominator one hundred twenty 326
thousand and having as its numerator the number of miles that the 327
vehicle traveled prior to the manufacturer's acceptance of its return. 328
(4) It shall be an affirmative defense to any claim under this section 329
that: [(i) that an] (A) An alleged nonconformity does not substantially 330
impair such use, safety or value; [,or (ii) that] or (B) a nonconformity is 331
the result of abuse, neglect or unauthorized modifications or alterations 332
of a motor vehicle by a consumer. 333
(e) (1) It shall be presumed that a reasonable number of attempts have 334
been undertaken to conform a motor vehicle to the applicable express 335
warranties, if: [(1) the] (A) The same nonconformity has been subject to 336
repair four or more times by the manufacturer or its agents or 337
authorized dealers during the period of two years following the date of 338
original delivery of the motor vehicle to a consumer or during the period 339
of the first twenty-four thousand miles of operation, whichever period 340
ends first, but such nonconformity continues to exist; [,] or [(2)] (B) the 341
vehicle is out of service by reason of repair for a cumulative total of 342
thirty or more calendar days during the applicable period, determined 343
pursuant to [subdivision (1) of this subsection] subparagraph (A) of this 344
subdivision. 345 Raised Bill No. 5148
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(2) [Such] The two-year period and [such] thirty-day period set forth 346
in subdivision (1) of this subsection shall be extended by any period of 347
time during which repair services are not available to the consumer 348
because of a war, invasion, strike or fire, flood or other natural disaster. 349
(3) No claim shall be made under this section unless at least one 350
attempt to repair a nonconformity has been made by the manufacturer 351
or its agent or an authorized dealer or unless such manufacturer, its 352
agent or an authorized dealer has refused to attempt to repair such 353
nonconformity. 354
(f) If a motor vehicle has a nonconformity which results in a condition 355
which is likely to cause death or serious bodily injury if the vehicle is 356
driven, it shall be presumed that a reasonable number of attempts have 357
been undertaken to conform such vehicle to the applicable express 358
warranties if the nonconformity has been subject to repair at least twice 359
by the manufacturer or its agents or authorized dealers within the 360
express warranty term or during the period of one year following the 361
date of the original delivery of the motor vehicle to a consumer, 362
whichever period ends first, but such nonconformity continues to exist. 363
The term of an express warranty and such one-year period shall be 364
extended by any period of time during which repair services are not 365
available to the consumer because of war, invasion, strike or fire, flood 366
or other natural disaster. 367
(g) (1) No motor vehicle which is returned to any person pursuant to 368
any provision of this chapter or in settlement of any dispute related to 369
any complaint made under the provisions of this chapter and which 370
requires replacement or refund shall be resold, transferred or leased in 371
the state without clear and conspicuous written disclosure of the fact 372
that such motor vehicle was so returned prior to resale or lease. Such 373
disclosure shall be affixed to the motor vehicle and shall be included in 374
any contract for sale or lease. The Commissioner of Motor Vehicles shall, 375
by regulations adopted in accordance with the provisions of chapter 54, 376
prescribe the form and content of any such disclosure statement and 377
establish provisions by which the commissioner may remove such 378 Raised Bill No. 5148
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written disclosure after such time as the commissioner may determine 379
that such motor vehicle is no longer defective. 380
(2) For any motor vehicle subject to a complaint made under the 381
provisions of this chapter, if a manufacturer accepts the return of a 382
motor vehicle or compensates any person who accepts the return of a 383
motor vehicle, whether the return is pursuant to an arbitration award or 384
settlement, such manufacturer shall stamp th e words 385
"MANUFACTURER BUYBACK -LEMON" clearly and conspicuously 386
on the face of the original title in letters at least one-quarter inch high 387
and, not later than thirty days after receipt of the title, shall submit a 388
copy of the stamped title to the Department of Motor Vehicles. The 389
Department of Motor Vehicles shall maintain a listing of such buyback 390
vehicles and in the case of any request for a title for a buyback vehicle, 391
shall cause the words "MANUFACTURER BUYBACK -LEMON" to 392
appear clearly and conspicuously on the face of the new title in letters 393
which are at least one-quarter inch high. Any person who applies for a 394
title shall disclose to the department the fact that such vehicle was 395
returned as set forth in this subsection. 396
(3) If a manufacturer accepts the return of a motor vehicle from a 397
consumer due to a nonconformity or defect, in exchange for a refund or 398
a replacement vehicle, whether as a result of an administrative or 399
judicial determination, an arbitration proceeding or a voluntary 400
settlement, the manufacturer shall notify the Department of Motor 401
Vehicles and shall provide the department with all relevant information, 402
including the year, make, model, vehicle identification number and 403
prior title number of the vehicle. Such manufacturer shall stamp the 404
words "MANUFACTURER BUYBACK -LEMON" clearly and 405
conspicuously on the face of the original title in letters at least one-406
quarter-inch high, and, not later than thirty days after receipt of the title, 407
shall submit a copy of the stamped title to the Department of Motor 408
Vehicles. The Commissioner of Motor Vehicles shall adopt regulations 409
in accordance with chapter 54 specifying the format and time period in 410
which such information shall be provided and the nature of any 411
additional information which the commissioner may require. 412 Raised Bill No. 5148
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(4) The provisions of this subsection shall apply to motor vehicles 413
originally returned in another state from a consumer due to a 414
nonconformity or defect in exchange for a refund or replacement vehicle 415
and which a lessor or transferor with actual knowledge subsequently 416
sells, transfers or leases in this state. 417
(5) If a manufacturer fails to stamp a title as required by this 418
subsection within thirty days of receipt of the title, the Department of 419
Consumer Protection may impose a fine not to exceed ten thousand 420
dollars on the manufacturer. Any such fine shall be deposited into the 421
new automobile warranties account established pursuant to section 42-422
190. A manufacturer that is aggrieved by a fine imposed pursuant to this 423
subsection may, within ten days of receipt of written notice of such fine 424
from the department, request, in writing, a hearing. The department 425
shall, upon the receipt of all documentation necessary to evaluate the 426
request, determine whether circumstances beyond the manufacturer's 427
control prevented performance, and may conduct a hearing pursuant to 428
chapter 54, if appropriate. 429
(h) All express and implied warranties arising from the sale of a new 430
motor vehicle shall be subject to the provisions of part 3 of article 2 of 431
title 42a. 432
(i) Nothing in this section shall in any way limit the rights or remedies 433
which are otherwise available to a consumer under any other law. 434
(j) If a manufacturer has established an informal dispute settlement 435
procedure which is certified by the Attorney General as complying in 436
all respects with the provisions of Title 16 Code of Federal Regulations 437
Part 703, as in effect on October 1, 1982, and with the provisions of 438
subsection (b) of section 42-182, the provisions of subsection (d) of this 439
section concerning refunds or replacement shall not apply to any 440
consumer who has not first resorted to such procedure. 441
(k) The Commissioner of Consumer Protection may adopt 442
regulations, in accordance with the provisions of chapter 54, to 443
implement the provisions of this section. 444 Raised Bill No. 5148
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This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2022 20-432(g)
Sec. 2 October 1, 2022 20-691(b)
Sec. 3 October 1, 2022 21-71(d)
Sec. 4 October 1, 2022 21a-420(21)
Sec. 5 October 1, 2022 21a-420z(e)
Sec. 6 October 1, 2022 29-143b(b)
Sec. 7 October 1, 2022 30-37f(a)
Sec. 8 October 1, 2022 30-48(b)
Sec. 9 October 1, 2022 42-179
Statement of Purpose:
To make conforming, minor and technical changes to the consumer
protection and related statutes.
[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.]