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| 3 | + | LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148-R01- | |
| 4 | + | HB.docx | |
| 5 | + | 1 of 20 | |
| 6 | + | ||
| 7 | + | General Assembly Substitute Bill No. 5148 | |
| 8 | + | February Session, 2022 | |
| 1 | 9 | ||
| 2 | 10 | ||
| 3 | 11 | ||
| 4 | - | Substitute House Bill No. 5148 | |
| 5 | - | ||
| 6 | - | Public Act No. 22-70 | |
| 7 | 12 | ||
| 8 | 13 | ||
| 9 | 14 | AN ACT CONCERNING SELF -SERVICE STORAGE FACILITIES AND | |
| 10 | 15 | REVISIONS TO CERTAIN STATUTES CONCERNING CONSUMER | |
| 11 | 16 | PROTECTION. | |
| 12 | 17 | Be it enacted by the Senate and House of Representatives in General | |
| 13 | 18 | Assembly convened: | |
| 14 | 19 | ||
| 15 | - | Section 1. Section 42-159 of the general statutes is repealed and the | |
| 16 | - | following is substituted in lieu thereof (Effective July 1, 2022): | |
| 17 | - | As used in this chapter: | |
| 18 | - | (1) "Default" means failure to perform any obligation or duty | |
| 19 | - | imposed by a rental agreement or by this chapter. | |
| 20 | - | (2) "Last-known address" means a postal or electronic address | |
| 21 | - | provided by the occupant in the latest rental agreement or a postal or | |
| 22 | - | electronic address provided by the occupant in a subsequent written | |
| 23 | - | notice of a change of address. | |
| 24 | - | (3) "Occupant" means a person, or the sublessee, successor or | |
| 25 | - | assignee of a person, entitled to the use of a storage unit at a self-service | |
| 26 | - | storage facility under a rental agreement, to the exclusion of others. | |
| 27 | - | (4) "Owner" means the owner, operator, lessor or sublessor of a self- | |
| 28 | - | service storage facility, an agent of such owner, operator, lessor or Substitute House Bill No. 5148 | |
| 20 | + | Section 1. Section 42-159 of the general statutes is repealed and the 1 | |
| 21 | + | following is substituted in lieu thereof (Effective July 1, 2022): 2 | |
| 22 | + | As used in this chapter: 3 | |
| 23 | + | (1) "Default" means failure to perform any obligation or duty 4 | |
| 24 | + | imposed by a rental agreement or by this chapter. 5 | |
| 25 | + | (2) "Last-known address" means a postal or electronic address 6 | |
| 26 | + | provided by the occupant in the latest rental agreement or a postal or 7 | |
| 27 | + | electronic address provided by the occupant in a subsequent written 8 | |
| 28 | + | notice of a change of address. 9 | |
| 29 | + | (3) "Occupant" means a person, or the sublessee, successor or 10 | |
| 30 | + | assignee of a person, entitled to the use of a storage unit at a self-service 11 | |
| 31 | + | storage facility under a rental agreement, to the exclusion of others. 12 | |
| 32 | + | (4) "Owner" means the owner, operator, lessor or sublessor of a self-13 | |
| 33 | + | service storage facility, an agent of such owner, operator, lessor or 14 | |
| 34 | + | sublessor or any other person authorized by such owner, operator, 15 Substitute Bill No. 5148 | |
| 29 | 35 | ||
| 30 | - | Public Act No. 22-70 2 of 22 | |
| 31 | 36 | ||
| 32 | - | sublessor or any other person authorized by such owner, operator, | |
| 33 | - | lessor or sublessor to manage the facility or receive rent from an | |
| 34 | - | occupant under a rental agreement. | |
| 35 | - | (5) "Personal property" means movable property not affixed to land | |
| 36 | - | and includes, but is not limited to, goods, merchandise, household items | |
| 37 | - | and motor vehicles. | |
| 38 | - | (6) "Rental agreement" means any written agreement or lease that | |
| 39 | - | establishes or modifies the terms, conditions, rules or any other | |
| 40 | - | provisions concerning the use and occupancy of a unit in a self-service | |
| 41 | - | storage facility. | |
| 42 | - | [(1)] (7) "Self-service storage facility" means any real property | |
| 43 | - | designed and used for the renting or leasing of individual self-contained | |
| 44 | - | units of storage space to occupants who are to have access to such units | |
| 45 | - | for storing and removing personal property only, and not for residential | |
| 46 | - | purposes. A self-service storage facility and an owner are not a | |
| 47 | - | warehouse, as defined in section 42a-7-102, except that if an owner | |
| 48 | - | issues a document of title, as defined in section 42a-1-201, for the | |
| 49 | - | personal property stored, the owner and the occupant are subject to the | |
| 50 | - | provisions of article 7 of the Uniform Commercial Code and the | |
| 51 | - | provisions of this chapter do not apply. | |
| 52 | - | [(2) "Owner" means the owner, operator, lessor, or sublessor of a self- | |
| 53 | - | service storage facility, his or her agent, or any other person authorized | |
| 54 | - | by him or her to manage the facility or to receive rent from an occupant | |
| 55 | - | under a rental agreement. | |
| 56 | - | (3) "Occupant" means a person, or the sublessee, successor, or | |
| 57 | - | assignee of a person, entitled to the use of a storage unit at a self-service | |
| 58 | - | storage facility under a rental agreement, to the exclusion of others. | |
| 59 | - | (4) "Rental agreement" means any written agreement or lease that | |
| 60 | - | establishes or modifies the terms, conditions, rules or any other Substitute House Bill No. 5148 | |
| 37 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148- | |
| 38 | + | R01-HB.docx } | |
| 39 | + | 2 of 20 | |
| 61 | 40 | ||
| 62 | - | Public Act No. 22-70 3 of 22 | |
| 41 | + | lessor or sublessor to manage the facility or receive rent from an 16 | |
| 42 | + | occupant under a rental agreement. 17 | |
| 43 | + | (5) "Personal property" means movable property not affixed to land 18 | |
| 44 | + | and includes, but is not limited to, goods, merchandise, household items 19 | |
| 45 | + | and motor vehicles. 20 | |
| 46 | + | (6) "Rental agreement" means any written agreement or lease that 21 | |
| 47 | + | establishes or modifies the terms, conditions, rules or any other 22 | |
| 48 | + | provisions concerning the use and occupancy of a unit in a self-service 23 | |
| 49 | + | storage facility. 24 | |
| 50 | + | [(1)] (7) "Self-service storage facility" means any real property 25 | |
| 51 | + | designed and used for the renting or leasing of individual self-contained 26 | |
| 52 | + | units of storage space to occupants who are to have access to such units 27 | |
| 53 | + | for storing and removing personal property only, and not for residential 28 | |
| 54 | + | purposes. A self-service storage facility and an owner are not a 29 | |
| 55 | + | warehouse, as defined in section 42a-7-102, except that if an owner 30 | |
| 56 | + | issues a document of title, as defined in section 42a-1-201, for the 31 | |
| 57 | + | personal property stored, the owner and the occupant are subject to the 32 | |
| 58 | + | provisions of article 7 of the Uniform Commercial Code and the 33 | |
| 59 | + | provisions of this chapter do not apply. 34 | |
| 60 | + | [(2) "Owner" means the owner, operator, lessor, or sublessor of a self-35 | |
| 61 | + | service storage facility, his or her agent, or any other person authorized 36 | |
| 62 | + | by him or her to manage the facility or to receive rent from an occupant 37 | |
| 63 | + | under a rental agreement. 38 | |
| 64 | + | (3) "Occupant" means a person, or the sublessee, successor, or 39 | |
| 65 | + | assignee of a person, entitled to the use of a storage unit at a self-service 40 | |
| 66 | + | storage facility under a rental agreement, to the exclusion of others. 41 | |
| 67 | + | (4) "Rental agreement" means any written agreement or lease that 42 | |
| 68 | + | establishes or modifies the terms, conditions, rules or any other 43 | |
| 69 | + | provisions concerning the use and occupancy of a unit in a self-service 44 | |
| 70 | + | storage facility. 45 Substitute Bill No. 5148 | |
| 63 | 71 | ||
| 64 | - | provisions concerning the use and occupancy of a unit in a self-service | |
| 65 | - | storage facility. | |
| 66 | - | (5) "Personal property" means movable property not affixed to land | |
| 67 | - | and includes, but is not limited to, goods, merchandise, household items | |
| 68 | - | and motor vehicles. | |
| 69 | - | (6) "Last-known address" means a postal or electronic address | |
| 70 | - | provided by the occupant in the latest rental agreement or a postal or | |
| 71 | - | electronic address provided by the occupant in a subsequent written | |
| 72 | - | notice of a change of address. | |
| 73 | - | (7) "Default" means failure to perform any obligation or duty | |
| 74 | - | imposed by a rental agreement or by this chapter.] | |
| 75 | - | Sec. 2. Section 42-160 of the general statutes is repealed and the | |
| 76 | - | following is substituted in lieu thereof (Effective July 1, 2022): | |
| 77 | - | (a) The owner of a self-service storage facility shall have a lien upon | |
| 78 | - | all personal property located at such facility for (1) the amounts of any | |
| 79 | - | rent, labor or other valid charges incurred in relation to such personal | |
| 80 | - | property, [for] (2) any valid expenses incurred in the necessary | |
| 81 | - | preservation of such personal property, and [for] (3) any expenses | |
| 82 | - | reasonably incurred in the sale or other disposition of such personal | |
| 83 | - | property pursuant to law. Such lien attaches on the date of default by | |
| 84 | - | the occupant. Notwithstanding the provisions of section 42a-9-333, such | |
| 85 | - | lien shall not have priority over a lien or security interest which has | |
| 86 | - | attached or been perfected prior to such default. | |
| 87 | - | (b) If such personal property is a motor vehicle, the owner of a self- | |
| 88 | - | service storage facility shall contact the Department of Motor Vehicles | |
| 89 | - | in such manner as the commissioner shall prescribe for the purposes of | |
| 90 | - | determining the existence and identity of any lienholder and the name | |
| 91 | - | and address of the owner of the motor vehicle, as shown in the records | |
| 92 | - | of the department. The owner of a self-storage facility shall send a Substitute House Bill No. 5148 | |
| 93 | 72 | ||
| 94 | - | Public Act No. 22-70 4 of 22 | |
| 73 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148- | |
| 74 | + | R01-HB.docx } | |
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| 107 | - | service storage facility shall | |
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| 77 | + | (5) "Personal property" means movable property not affixed to land 46 | |
| 78 | + | and includes, but is not limited to, goods, merchandise, household items 47 | |
| 79 | + | and motor vehicles. 48 | |
| 80 | + | (6) "Last-known address" means a postal or electronic address 49 | |
| 81 | + | provided by the occupant in the latest rental agreement or a postal or 50 | |
| 82 | + | electronic address provided by the occupant in a subsequent written 51 | |
| 83 | + | notice of a change of address. 52 | |
| 84 | + | (7) "Default" means failure to perform any obligation or duty 53 | |
| 85 | + | imposed by a rental agreement or by this chapter.] 54 | |
| 86 | + | Sec. 2. Section 42-160 of the general statutes is repealed and the 55 | |
| 87 | + | following is substituted in lieu thereof (Effective July 1, 2022): 56 | |
| 88 | + | (a) The owner of a self-service storage facility shall have a lien upon 57 | |
| 89 | + | all personal property located at such facility for (1) the amounts of any 58 | |
| 90 | + | rent, labor or other valid charges incurred in relation to such personal 59 | |
| 91 | + | property, [for] (2) any valid expenses incurred in the necessary 60 | |
| 92 | + | preservation of such personal property, and [for] (3) any expenses 61 | |
| 93 | + | reasonably incurred in the sale or other disposition of such personal 62 | |
| 94 | + | property pursuant to law. Such lien attaches on the date of default by 63 | |
| 95 | + | the occupant. Notwithstanding the provisions of section 42a-9-333, such 64 | |
| 96 | + | lien shall not have priority over a lien or security interest which has 65 | |
| 97 | + | attached or been perfected prior to such default. 66 | |
| 98 | + | (b) If such personal property is a motor vehicle, the owner of a self-67 | |
| 99 | + | service storage facility shall contact the Department of Motor Vehicles 68 | |
| 100 | + | in such manner as the commissioner shall prescribe for the purposes of 69 | |
| 101 | + | determining the existence and identity of any lienholder and the name 70 | |
| 102 | + | and address of the owner of the motor vehicle, as shown in the records 71 | |
| 103 | + | of the department. The owner of a self-storage facility shall send a 72 | |
| 104 | + | written notice to the Commissioner of Motor Vehicles stating (1) the 73 | |
| 105 | + | vehicle identification number of such motor vehicle, (2) the date such 74 | |
| 106 | + | motor vehicle was left with the owner of such storage facility, (3) the 75 | |
| 107 | + | date of default by the occupant, (4) the amount for which a lien is 76 Substitute Bill No. 5148 | |
| 127 | 108 | ||
| 128 | - | Public Act No. 22-70 5 of 22 | |
| 129 | 109 | ||
| 130 | - | property towed from the self-service storage facility by an insured | |
| 131 | - | tower. Any owner that complies with the provisions of this subsection | |
| 132 | - | need not comply with the provisions of subsections (b) to (d), inclusive, | |
| 133 | - | of this section. | |
| 134 | - | Sec. 3. Subsection (b) of section 42-161 of the general statutes is | |
| 135 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 136 | - | 2022): | |
| 137 | - | (b) The owner shall notify the occupant and any person who has filed | |
| 138 | - | in such occupant's name a valid security interest in such property with | |
| 139 | - | the Secretary of the State of [his or her] such owner's intention to satisfy | |
| 140 | - | the lien with a written notice which shall be delivered in person or sent | |
| 141 | - | by electronic mail or by registered or certified mail, [return receipt | |
| 142 | - | requested] with a unique tracking number assigned by the United States | |
| 143 | - | Postal Service, to the last-known address of the occupant. If the owner | |
| 144 | - | sends notice by electronic mail to the occupant, a statement shall be | |
| 145 | - | included in such electronic mail, indicating that opening of such | |
| 146 | - | electronic mail is acceptance of such notice by the occupant pursuant to | |
| 147 | - | this section. | |
| 148 | - | Sec. 4. Section 42-163 of the general statutes is repealed and the | |
| 149 | - | following is substituted in lieu thereof (Effective July 1, 2022): | |
| 150 | - | Any sale or other disposition of the personal property of the occupant | |
| 151 | - | shall conform to the terms of the notice as provided in section 42-162, as | |
| 152 | - | amended by this act, and shall be held (1) at the self-service storage | |
| 153 | - | facility, [or] (2) at the nearest suitable place convenient to where such | |
| 154 | - | personal property is stored or held, or (3) online. | |
| 155 | - | Sec. 5. Section 42-164 of the general statutes is repealed and the | |
| 156 | - | following is substituted in lieu thereof (Effective July 1, 2022): | |
| 157 | - | (a) After the expiration of the time given in the notice for the occupant | |
| 158 | - | to pay the amount due, if the owner wishes, [he] the owner may [place Substitute House Bill No. 5148 | |
| 110 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148- | |
| 111 | + | R01-HB.docx } | |
| 112 | + | 4 of 20 | |
| 159 | 113 | ||
| 160 | - | Public Act No. 22-70 6 of 22 | |
| 114 | + | claimed, (5) the registration thereof if any number plates are on the 77 | |
| 115 | + | motor vehicle, and (6) the name of the vehicle's owner and the name of 78 | |
| 116 | + | the occupant who defaulted, and shall enclose a fee of ten dollars. Such 79 | |
| 117 | + | notice shall be placed on file by the Commissioner of Motor Vehicles 80 | |
| 118 | + | and be open to public inspection. Within ten days of receipt of such 81 | |
| 119 | + | information concerning any lienholder and the owner of such motor 82 | |
| 120 | + | vehicle, as shown in said department's records, the owner of such self-83 | |
| 121 | + | service storage facility shall send a written notice to any such lienholder 84 | |
| 122 | + | and to the owner, if such owner is not the occupant, by postage paid 85 | |
| 123 | + | registered or certified letter, return receipt requested, stating that such 86 | |
| 124 | + | motor vehicle (A) is being held by such facility owner, and (B) has a lien 87 | |
| 125 | + | attached pursuant to this chapter. Any sale of a motor vehicle under the 88 | |
| 126 | + | provisions of this section shall be void unless the written notice to the 89 | |
| 127 | + | commissioner required by this subsection has been given. 90 | |
| 128 | + | (c) The Commissioner of Motor Vehicles shall adopt regulations, in 91 | |
| 129 | + | accordance with the provisions of chapter 54, [(1)] to (1) specify the 92 | |
| 130 | + | circumstances under which title to any motor vehicle abandoned at a 93 | |
| 131 | + | self-storage facility may be transferred, and (2) [to] establish a procedure 94 | |
| 132 | + | whereby the owner of a self-storage facility may obtain title to such 95 | |
| 133 | + | motor vehicle. 96 | |
| 134 | + | (d) If such personal property is a vessel, the owner of a self-service 97 | |
| 135 | + | storage facility shall follow the requirements of sections 49-55 to 49-59, 98 | |
| 136 | + | inclusive. 99 | |
| 137 | + | (e) If such personal property is a motor vehicle, vessel or trailer, and 100 | |
| 138 | + | any rent, labor or other valid charges incurred in relation to such 101 | |
| 139 | + | personal property remains unpaid or unsatisfied for at least sixty days, 102 | |
| 140 | + | the owner of a self-service storage facility may have such personal 103 | |
| 141 | + | property towed from the self-service storage facility by an insured 104 | |
| 142 | + | tower. Any owner that complies with the provisions of this subsection 105 | |
| 143 | + | need not comply with the provisions of subsections (b) to (d), inclusive, 106 | |
| 144 | + | of this section. 107 | |
| 145 | + | Sec. 3. Subsection (b) of section 42-161 of the general statutes is 108 Substitute Bill No. 5148 | |
| 161 | 146 | ||
| 162 | - | an advertisement of] advertise the sale or other disposition of the | |
| 163 | - | personal property in [a] any print or online newspaper of [substantial] | |
| 164 | - | general circulation in the municipality where the self-service storage | |
| 165 | - | facility is located or on any publicly accessible, independent Internet | |
| 166 | - | web site that regularly conducts online auctions of personal property. | |
| 167 | - | Such advertisement shall be published at least [twice] once within a | |
| 168 | - | period not less than ten days preceding the date of such sale or other | |
| 169 | - | disposition. The advertisement shall include: (1) A description of the | |
| 170 | - | personal property subject to the lien according to the requirements of | |
| 171 | - | section 42-162, as amended by this act; (2) the name of the occupant, the | |
| 172 | - | address of the self-service storage facility, the unit number, if any, of the | |
| 173 | - | storage space where the personal property is located; and (3) the time, | |
| 174 | - | place and manner of the sale or other disposition. | |
| 175 | - | (b) Such sale or other disposition of the personal property shall not | |
| 176 | - | take place sooner than ten days after [the first] publication of the | |
| 177 | - | advertisement nor sixty days after the date of default. | |
| 178 | - | [(c) If there is no newspaper of substantial circulation in the | |
| 179 | - | municipality in which the self-service storage facility is located, the | |
| 180 | - | advertisement shall be posted at least ten days before the date of the sale | |
| 181 | - | or other disposition of the personal property in not less than six | |
| 182 | - | conspicuous places in the neighborhood where the self-service storage | |
| 183 | - | facility is located.] | |
| 184 | - | [(d)] (c) The proceeds of a sale under this section shall be allocated to | |
| 185 | - | pay the expenses of such sale, then to the holder of any lien or security | |
| 186 | - | interest having priority over that of such owner, then to the owner. | |
| 187 | - | Sec. 6. Subsection (g) of section 20-432 of the 2022 supplement to the | |
| 188 | - | general statutes, as amended by section 8 of public act 21-197, is | |
| 189 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 190 | - | 2022): Substitute House Bill No. 5148 | |
| 191 | 147 | ||
| 192 | - | Public Act No. 22-70 7 of 22 | |
| 148 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148- | |
| 149 | + | R01-HB.docx } | |
| 150 | + | 5 of 20 | |
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| 152 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 109 | |
| 153 | + | 2022): 110 | |
| 154 | + | (b) The owner shall notify the occupant and any person who has filed 111 | |
| 155 | + | in such occupant's name a valid security interest in such property with 112 | |
| 156 | + | the Secretary of the State of [his or her] such owner's intention to satisfy 113 | |
| 157 | + | the lien with a written notice which shall be delivered in person or sent 114 | |
| 158 | + | by electronic mail, mail evidenced by a certificate of mailing or by 115 | |
| 159 | + | registered or certified mail, return receipt requested, to the last-known 116 | |
| 160 | + | address of the occupant. If the owner sends notice by electronic mail to 117 | |
| 161 | + | the occupant, a statement shall be included in such electronic mail, 118 | |
| 162 | + | indicating that opening of such electronic mail is acceptance of such 119 | |
| 163 | + | notice by the occupant pursuant to this section. 120 | |
| 164 | + | Sec. 4. Section 42-163 of the general statutes is repealed and the 121 | |
| 165 | + | following is substituted in lieu thereof (Effective July 1, 2022): 122 | |
| 166 | + | Any sale or other disposition of the personal property of the occupant 123 | |
| 167 | + | shall conform to the terms of the notice as provided in section 42-162 124 | |
| 168 | + | and shall be held (1) at the self-service storage facility, [or] (2) at the 125 | |
| 169 | + | nearest suitable place convenient to where such personal property is 126 | |
| 170 | + | stored or held, or (3) online. 127 | |
| 171 | + | Sec. 5. Section 42-164 of the general statutes is repealed and the 128 | |
| 172 | + | following is substituted in lieu thereof (Effective July 1, 2022): 129 | |
| 173 | + | (a) After the expiration of the time given in the notice for the occupant 130 | |
| 174 | + | to pay the amount due, if the owner wishes, [he] the owner may [place 131 | |
| 175 | + | an advertisement of] advertise the sale or other disposition of the 132 | |
| 176 | + | personal property in [a] any print or online newspaper of [substantial] 133 | |
| 177 | + | general circulation in the municipality where the self-service storage 134 | |
| 178 | + | facility is located or on any publicly accessible, independent Internet 135 | |
| 179 | + | web site that regularly conducts online auctions of personal property. 136 | |
| 180 | + | Such advertisement shall be published at least [twice] once within a 137 | |
| 181 | + | period not less than ten days preceding the date of such sale or other 138 | |
| 182 | + | disposition. The advertisement shall include: (1) A description of the 139 Substitute Bill No. 5148 | |
| 225 | 183 | ||
| 226 | - | Public Act No. 22-70 8 of 22 | |
| 227 | 184 | ||
| 228 | - | submit to a request by the commissioner for a state and national criminal | |
| 229 | - | history records check conducted in accordance with the provisions of | |
| 230 | - | section 29-17a. No registration shall be issued unless the commissioner | |
| 231 | - | has received the results of [a] such records check. In accordance with the | |
| 232 | - | provisions of section 46a-80 and after a hearing held pursuant to chapter | |
| 233 | - | 54, the commissioner may revoke, refuse to issue or refuse to renew a | |
| 234 | - | registration when an applicant's criminal history records check reveals | |
| 235 | - | the applicant has been convicted of a crime of dishonesty, fraud, theft, | |
| 236 | - | assault, other violent offense or a crime related to the performance of | |
| 237 | - | locksmithing. | |
| 238 | - | (2) The application fee for registration as a locksmith and the biennial | |
| 239 | - | renewal fee for such registration shall be two hundred dollars. | |
| 240 | - | (3) The department shall establish and maintain a registry of | |
| 241 | - | locksmiths. The registry shall contain the names and addresses of | |
| 242 | - | registered locksmiths and such other information as the commissioner | |
| 243 | - | may require. Such registry shall be updated at least annually by the | |
| 244 | - | department, be made available to the public upon request and be | |
| 245 | - | published on the department's Internet web site. | |
| 246 | - | (4) No person shall engage in locksmithing, use the title locksmith or | |
| 247 | - | display or use any words, letters, figures, title, advertisement or other | |
| 248 | - | method to indicate said person is a locksmith unless such person has | |
| 249 | - | obtained a registration as provided in this section. | |
| 250 | - | (5) The following persons shall be exempt from registration as a | |
| 251 | - | locksmith, but only if the person performing the service does not hold | |
| 252 | - | himself or herself out to the public as a locksmith: (A) Persons employed | |
| 253 | - | by a state, municipality or other political subdivision, or by any agency | |
| 254 | - | or department of the government of the United States, acting in their | |
| 255 | - | official capacity; (B) automobile service dealers who service, install, | |
| 256 | - | repair or rebuild automobile locks; (C) retail merchants selling locks or | |
| 257 | - | similar security accessories or installing, programming, repairing, Substitute House Bill No. 5148 | |
| 185 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148- | |
| 186 | + | R01-HB.docx } | |
| 187 | + | 6 of 20 | |
| 258 | 188 | ||
| 259 | - | Public Act No. 22-70 9 of 22 | |
| 189 | + | personal property subject to the lien according to the requirements of 140 | |
| 190 | + | section 42-162; (2) the name of the occupant, the address of the self-141 | |
| 191 | + | service storage facility, the unit number, if any, of the storage space 142 | |
| 192 | + | where the personal property is located; and (3) the time, place and 143 | |
| 193 | + | manner of the sale or other disposition. 144 | |
| 194 | + | (b) Such sale or other disposition of the personal property shall not 145 | |
| 195 | + | take place sooner than ten days after [the first] publication of the 146 | |
| 196 | + | advertisement nor sixty days after the date of default. 147 | |
| 197 | + | [(c) If there is no newspaper of substantial circulation in the 148 | |
| 198 | + | municipality in which the self-service storage facility is located, the 149 | |
| 199 | + | advertisement shall be posted at least ten days before the date of the sale 150 | |
| 200 | + | or other disposition of the personal property in not less than six 151 | |
| 201 | + | conspicuous places in the neighborhood where the self-service storage 152 | |
| 202 | + | facility is located.] 153 | |
| 203 | + | [(d)] (c) The proceeds of a sale under this section shall be allocated to 154 | |
| 204 | + | pay the expenses of such sale, then to the holder of any lien or security 155 | |
| 205 | + | interest having priority over that of such owner, then to the owner. 156 | |
| 206 | + | Sec. 6. Subsection (g) of section 20-432 of the 2022 supplement to the 157 | |
| 207 | + | general statutes, as amended by section 8 of public act 21-197, is 158 | |
| 208 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 159 | |
| 209 | + | 2022): 160 | |
| 210 | + | (g) Before the commissioner may issue any order directing payment 161 | |
| 211 | + | out of the guaranty fund to an owner pursuant to [subsections] 162 | |
| 212 | + | subsection (e) or (f) of this section, the commissioner shall first notify the 163 | |
| 213 | + | contractor of the owner's application for an order directing payment out 164 | |
| 214 | + | of the guaranty fund and of the contractor's right to a hearing to contest 165 | |
| 215 | + | the disbursement in the event that the contractor has already paid the 166 | |
| 216 | + | owner or is complying with a payment schedule in accordance with a 167 | |
| 217 | + | court judgment, order or decree. Such notice shall be given to the 168 | |
| 218 | + | contractor not later than fifteen days after receipt by the commissioner 169 | |
| 219 | + | of the owner's application for an order directing payment out of the 170 Substitute Bill No. 5148 | |
| 260 | 220 | ||
| 261 | - | maintaining, reprogramming, rebuilding or servicing electronic garage | |
| 262 | - | door devices; (D) members of the building trades who install or remove | |
| 263 | - | complete locks or locking devices in the course of residential or | |
| 264 | - | commercial new construction or remodeling; (E) employees of towing | |
| 265 | - | services [,] or repossessors, or [an] employees or representatives of | |
| 266 | - | automobile [club representative or employee opening] clubs, who open | |
| 267 | - | automotive locks in the normal course of [his or her] their business. The | |
| 268 | - | provisions of this section shall not prohibit an employee of a towing | |
| 269 | - | service from opening motor vehicles to enable a vehicle to be moved | |
| 270 | - | without towing, provided the towing service does not hold itself out to | |
| 271 | - | the public, by directory advertisement, through a sign at the facilities of | |
| 272 | - | the towing service or by any other form of advertisement, as a | |
| 273 | - | locksmith; (F) students in a course of study in locksmith programs | |
| 274 | - | approved by the department; (G) warranty services by a lock | |
| 275 | - | manufacturer or its employees on the manufacturer's own products; (H) | |
| 276 | - | maintenance employees of a property owner or property management | |
| 277 | - | companies at multifamily residential buildings, who service, install, | |
| 278 | - | repair or open locks for tenants; (I) persons employed as security | |
| 279 | - | personnel at schools or institutions of higher education who open locks | |
| 280 | - | while acting in the course of their employment; and (J) persons who | |
| 281 | - | service, install or repair electronic locks, access control devices or other | |
| 282 | - | similar locking devices that connect to an electronic security system, | |
| 283 | - | provided such persons maintain an electrical contractor or | |
| 284 | - | journeyperson licensed to perform such work as required pursuant to | |
| 285 | - | chapter 393. | |
| 286 | - | Sec. 8. Subsection (d) of section 21-71 of the 2022 supplement to the | |
| 287 | - | general statutes is repealed and the following is substituted in lieu | |
| 288 | - | thereof (Effective October 1, 2022): | |
| 289 | - | (d) The department may issue an order to any owner determined to | |
| 290 | - | be in violation of any provision of this chapter or any regulation issued | |
| 291 | - | under this section after an inspection of a mobile manufactured home Substitute House Bill No. 5148 | |
| 292 | 221 | ||
| 293 | - | Public Act No. 22-70 10 of 22 | |
| 222 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148- | |
| 223 | + | R01-HB.docx } | |
| 224 | + | 7 of 20 | |
| 294 | 225 | ||
| 295 | - | park, providing for the immediate discontinuance of the violation or | |
| 296 | - | timely remediation of such violation. Any owner of a mobile | |
| 297 | - | manufactured home park who fails to comply with any orders | |
| 298 | - | contained in a notice of violation resulting from a reinspection of such | |
| 299 | - | park not later than thirty days after [of] issuance of such notice, | |
| 300 | - | including confirmation of active licensure, shall be fined five hundred | |
| 301 | - | dollars per violation and shall follow the procedures specified in section | |
| 302 | - | 51-164n. | |
| 303 | - | Sec. 9. Subdivision (21) of section 21a-420 of the 2022 supplement to | |
| 304 | - | the general statutes is repealed and the following is substituted in lieu | |
| 305 | - | thereof (Effective October 1, 2022): | |
| 306 | - | (21) "Equity" and "equitable" means efforts, regulations, policies, | |
| 307 | - | programs, standards, processes and any other functions of government | |
| 308 | - | or principles of law and governance intended to: (A) Identify and | |
| 309 | - | remedy past and present patterns of discrimination and disparities of | |
| 310 | - | race, ethnicity, gender and sexual orientation; (B) ensure that such | |
| 311 | - | patterns of discrimination and disparities, whether intentional or | |
| 312 | - | unintentional, are neither reinforced nor perpetuated; and (C) prevent | |
| 313 | - | the emergence and persistence of foreseeable future patterns of | |
| 314 | - | discrimination or disparities of race, ethnicity, gender [,] and sexual | |
| 315 | - | orientation; | |
| 316 | - | Sec. 10. Subsection (e) of section 21a-420z of the 2022 supplement to | |
| 317 | - | the general statutes is repealed and the following is substituted in lieu | |
| 318 | - | thereof (Effective October 1, 2022): | |
| 319 | - | (e) The commissioner shall adopt regulations, in accordance with | |
| 320 | - | chapter 54, to implement the provisions of RERACA. Notwithstanding | |
| 321 | - | the requirements of sections 4-168 to 4-172, inclusive, in order to | |
| 322 | - | effectuate the purposes of RERACA and protect public health and | |
| 323 | - | safety, prior to adopting such regulations the commissioner shall issue | |
| 324 | - | policies and procedures to implement the provisions of this section that Substitute House Bill No. 5148 | |
| 226 | + | guaranty fund. If the contractor requests a hearing, in writing, by 171 | |
| 227 | + | certified mail not later than fifteen days after receiving the notice from 172 | |
| 228 | + | the commissioner, the commissioner shall grant such request and shall 173 | |
| 229 | + | conduct a hearing in accordance with the provisions of chapter 54. If the 174 | |
| 230 | + | commissioner does not receive a request by certified mail from the 175 | |
| 231 | + | contractor for a hearing not later than fifteen days after the contractor's 176 | |
| 232 | + | receipt of such notice, the commissioner shall determine that the owner 177 | |
| 233 | + | has not been paid, and the commissioner shall issue an order directing 178 | |
| 234 | + | payment out of the guaranty fund for the amount unpaid upon the 179 | |
| 235 | + | judgment, order or decree for actual damages and costs taxed by the 180 | |
| 236 | + | court against the contractor, exclusive of punitive damages, or for the 181 | |
| 237 | + | amount unpaid upon the order of restitution. 182 | |
| 238 | + | Sec. 7. Subsection (b) of section 20-691 of the 2022 supplement to the 183 | |
| 239 | + | general statutes is repealed and the following is substituted in lieu 184 | |
| 240 | + | thereof (Effective October 1, 2022): 185 | |
| 241 | + | (b) (1) A person seeking registration as a locksmith shall apply to the 186 | |
| 242 | + | commissioner on a form provided by the commissioner. The application 187 | |
| 243 | + | shall include the applicant's name, residence address, business address, 188 | |
| 244 | + | business telephone number, a question as to whether the applicant has 189 | |
| 245 | + | been convicted of a felony in any state or jurisdiction, and such other 190 | |
| 246 | + | information as the commissioner may require. The applicant shall 191 | |
| 247 | + | submit to a request by the commissioner for a state and national criminal 192 | |
| 248 | + | history records check conducted in accordance with the provisions of 193 | |
| 249 | + | section 29-17a. No registration shall be issued unless the commissioner 194 | |
| 250 | + | has received the results of [a] such records check. In accordance with the 195 | |
| 251 | + | provisions of section 46a-80 and after a hearing held pursuant to chapter 196 | |
| 252 | + | 54, the commissioner may revoke, refuse to issue or refuse to renew a 197 | |
| 253 | + | registration when an applicant's criminal history records check reveals 198 | |
| 254 | + | the applicant has been convicted of a crime of dishonesty, fraud, theft, 199 | |
| 255 | + | assault, other violent offense or a crime related to the performance of 200 | |
| 256 | + | locksmithing. 201 | |
| 257 | + | (2) The application fee for registration as a locksmith and the biennial 202 | |
| 258 | + | renewal fee for such registration shall be two hundred dollars. 203 Substitute Bill No. 5148 | |
| 325 | 259 | ||
| 326 | - | Public Act No. 22-70 11 of 22 | |
| 327 | 260 | ||
| 328 | - | shall have the force and effect of law. The commissioner shall post all | |
| 329 | - | policies and procedures on the department's Internet web site, and | |
| 330 | - | submit such policies and procedures to the Secretary of the State for | |
| 331 | - | posting on the eRegulations System, at least fifteen days prior to the | |
| 332 | - | effective date of any policy or procedure. Any such policy or procedure | |
| 333 | - | shall no longer be effective upon the earlier of either adoption of such | |
| 334 | - | policy or procedure as a final regulation under section 4-172 or forty- | |
| 335 | - | eight months from July 1, 2021, if such final regulations have not been | |
| 336 | - | submitted to the legislative regulation review committee for | |
| 337 | - | consideration under section 4-170. The commissioner shall issue policies | |
| 338 | - | and procedures, and thereafter adopt final regulations, requiring that: | |
| 339 | - | (1) The delivery service and transporter meet certain security | |
| 340 | - | requirements related to the storage, handling and transport of cannabis, | |
| 341 | - | the vehicles employed, the conduct of employees and agents, and the | |
| 342 | - | documentation that shall be maintained by the delivery service, | |
| 343 | - | transporter and its drivers; (2) a delivery service that delivers cannabis | |
| 344 | - | to consumers maintain an online interface that verifies the age of | |
| 345 | - | consumers ordering cannabis for delivery and meets certain | |
| 346 | - | specifications and data security standards; and (3) a delivery service that | |
| 347 | - | delivers cannabis to consumers, qualifying patients or caregivers, and | |
| 348 | - | all employees and agents of such licensee, to verify the identity of the | |
| 349 | - | qualifying patient, caregiver or consumer and the age of the consumer | |
| 350 | - | upon delivery of cannabis to the end consumer, qualifying patient [,] or | |
| 351 | - | caregiver, in a manner acceptable to the commissioner. The individual | |
| 352 | - | placing the cannabis order shall be the individual accepting delivery of | |
| 353 | - | the cannabis except, in the case of a qualifying patient, the individual | |
| 354 | - | accepting the delivery may be the caregiver of such qualifying patient. | |
| 355 | - | Sec. 11. Subsection (b) of section 29-143b of the 2022 supplement to | |
| 356 | - | the general statutes is repealed and the following is substituted in lieu | |
| 357 | - | thereof (Effective October 1, 2022): | |
| 358 | - | (b) Nothing in section 29-133 or 29-136 shall be construed to preclude Substitute House Bill No. 5148 | |
| 261 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148- | |
| 262 | + | R01-HB.docx } | |
| 263 | + | 8 of 20 | |
| 359 | 264 | ||
| 360 | - | Public Act No. 22-70 12 of 22 | |
| 265 | + | (3) The department shall establish and maintain a registry of 204 | |
| 266 | + | locksmiths. The registry shall contain the names and addresses of 205 | |
| 267 | + | registered locksmiths and such other information as the commissioner 206 | |
| 268 | + | may require. Such registry shall be updated at least annually by the 207 | |
| 269 | + | department, be made available to the public upon request and be 208 | |
| 270 | + | published on the department's Internet web site. 209 | |
| 271 | + | (4) No person shall engage in locksmithing, use the title locksmith or 210 | |
| 272 | + | display or use any words, letters, figures, title, advertisement or other 211 | |
| 273 | + | method to indicate said person is a locksmith unless such person has 212 | |
| 274 | + | obtained a registration as provided in this section. 213 | |
| 275 | + | (5) The following persons shall be exempt from registration as a 214 | |
| 276 | + | locksmith, but only if the person performing the service does not hold 215 | |
| 277 | + | himself or herself out to the public as a locksmith: (A) Persons employed 216 | |
| 278 | + | by a state, municipality or other political subdivision, or by any agency 217 | |
| 279 | + | or department of the government of the United States, acting in their 218 | |
| 280 | + | official capacity; (B) automobile service dealers who service, install, 219 | |
| 281 | + | repair or rebuild automobile locks; (C) retail merchants selling locks or 220 | |
| 282 | + | similar security accessories or installing, programming, repairing, 221 | |
| 283 | + | maintaining, reprogramming, rebuilding or servicing electronic garage 222 | |
| 284 | + | door devices; (D) members of the building trades who install or remove 223 | |
| 285 | + | complete locks or locking devices in the course of residential or 224 | |
| 286 | + | commercial new construction or remodeling; (E) employees of towing 225 | |
| 287 | + | services [,] or repossessors, or [an] employees or representatives of 226 | |
| 288 | + | automobile [club representative or employee opening] clubs, who open 227 | |
| 289 | + | automotive locks in the normal course of [his or her] their business. The 228 | |
| 290 | + | provisions of this section shall not prohibit an employee of a towing 229 | |
| 291 | + | service from opening motor vehicles to enable a vehicle to be moved 230 | |
| 292 | + | without towing, provided the towing service does not hold itself out to 231 | |
| 293 | + | the public, by directory advertisement, through a sign at the facilities of 232 | |
| 294 | + | the towing service or by any other form of advertisement, as a 233 | |
| 295 | + | locksmith; (F) students in a course of study in locksmith programs 234 | |
| 296 | + | approved by the department; (G) warranty services by a lock 235 | |
| 297 | + | manufacturer or its employees on the manufacturer's own products; (H) 236 Substitute Bill No. 5148 | |
| 361 | 298 | ||
| 362 | - | the hiring of certified lifeguards under the age of eighteen to oversee | |
| 363 | - | aquatic rides and devices such as pools, water slides, lazy rivers [,] or | |
| 364 | - | interactive aquatic play devices, provided an adult of at least eighteen | |
| 365 | - | years of age who is trained in normal operating and emergency | |
| 366 | - | procedures supervises the area containing such aquatic rides or devices. | |
| 367 | - | Sec. 12. Subsection (a) of section 30-37f of the 2022 supplement to the | |
| 368 | - | general statutes is repealed and the following is substituted in lieu | |
| 369 | - | thereof (Effective October 1, 2022): | |
| 370 | - | (a) Notwithstanding the provisions of any general statute or | |
| 371 | - | regulation to the contrary, (1) the state of Connecticut, as owner or lessor | |
| 372 | - | of premises at Bradley International Airport, shall be permitted to enter | |
| 373 | - | into an arrangement with any concessionaire or lessee holding a permit | |
| 374 | - | or permits at Bradley International Airport, and receive payments from | |
| 375 | - | such concessionaire or lessee, without regard to the level or percentage | |
| 376 | - | of gross receipts from the gross sales of alcoholic liquor by such | |
| 377 | - | concessionaire or lessee; (2) any person may be a permittee for more | |
| 378 | - | than one cafe permit issued pursuant to subsection (d) of section 30-22a; | |
| 379 | - | and (3) any area subject to a permit in Bradley International Airport that | |
| 380 | - | is contiguous to or within any concourse area shall not be required to | |
| 381 | - | provide a single point of egress or ingress or to effectively separate the | |
| 382 | - | bar area or any dining area from the concourse area by means of | |
| 383 | - | partitions, fences [,] or doors, provided that a permittee of such area may | |
| 384 | - | be required by the Department of Consumer Protection to provide a | |
| 385 | - | barrier to separate the back bar area from the concourse area to prevent | |
| 386 | - | public access to the portion of the back bar area from which liquor is | |
| 387 | - | dispensed, if physically practicable. | |
| 388 | - | Sec. 13. Subsection (b) of section 30-48 of the 2022 supplement to the | |
| 389 | - | general statutes is repealed and the following is substituted in lieu | |
| 390 | - | thereof (Effective October 1, 2022): | |
| 391 | - | (b) No permittee or backer thereof and no employee or agent of such Substitute House Bill No. 5148 | |
| 392 | 299 | ||
| 393 | - | Public Act No. 22-70 13 of 22 | |
| 300 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148- | |
| 301 | + | R01-HB.docx } | |
| 302 | + | 9 of 20 | |
| 394 | 303 | ||
| 395 | - | permittee or backer shall borrow money or receive credit in any form | |
| 396 | - | for a period in excess of thirty days, directly or indirectly, from any | |
| 397 | - | manufacturer permittee, or backer thereof, or from any wholesaler | |
| 398 | - | permittee, or backer thereof, of alcoholic liquor or from any member of | |
| 399 | - | the family of such manufacturer permittee or backer thereof or from any | |
| 400 | - | stockholder in a corporation manufacturing or wholesaling such liquor, | |
| 401 | - | and no manufacturer permittee or backer thereof or wholesaler | |
| 402 | - | permittee or backer thereof or member of the family of either of such | |
| 403 | - | permittees or of any such backer, and no stockholder of a corporation | |
| 404 | - | manufacturing or wholesaling such liquor shall lend money or | |
| 405 | - | otherwise extend credit, directly or indirectly, to any such permittee or | |
| 406 | - | backer thereof or to the employee or agent of any such permittee or | |
| 407 | - | backer. A wholesaler permittee or backer, or a manufacturer permittee | |
| 408 | - | or backer, that has not received payment in full from a retailer permittee | |
| 409 | - | or backer within thirty days after the date such credit was extended to | |
| 410 | - | such retailer or backer or to an employee or agent of any such retailer or | |
| 411 | - | backer, shall give a written notice of obligation to such retailer within | |
| 412 | - | the five days following the expiration of the thirty-day period of credit. | |
| 413 | - | The notice of obligation shall state: The amount due; the date credit was | |
| 414 | - | extended; the date the thirty-day period ended; [,] and that the retailer | |
| 415 | - | is in violation of this section. A retailer who disputes the accuracy of the | |
| 416 | - | "notice of obligation" shall, within the ten days following the expiration | |
| 417 | - | of the thirty-day period of credit, give a written response to notice of | |
| 418 | - | obligation to the department and give a copy to the wholesaler or | |
| 419 | - | manufacturer who sent the notice. The response shall state the retailer's | |
| 420 | - | basis for dispute and the amount, if any, admitted to be owed for more | |
| 421 | - | than thirty days; the copy forwarded to the wholesaler or manufacturer | |
| 422 | - | shall be accompanied by the amount admitted to be due, if any, and | |
| 423 | - | such payment shall be made and received without prejudice to the | |
| 424 | - | rights of either party in any civil action. Upon receipt of the retailer's | |
| 425 | - | response, the chairman of the commission or such chairman's designee | |
| 426 | - | shall conduct an informal hearing with the parties being given equal | |
| 427 | - | opportunity to appear and be heard. If the chairman or such chairman's Substitute House Bill No. 5148 | |
| 304 | + | maintenance employees of a property owner or property management 237 | |
| 305 | + | companies at multifamily residential buildings, who service, install, 238 | |
| 306 | + | repair or open locks for tenants; (I) persons employed as security 239 | |
| 307 | + | personnel at schools or institutions of higher education who open locks 240 | |
| 308 | + | while acting in the course of their employment; and (J) persons who 241 | |
| 309 | + | service, install or repair electronic locks, access control devices or other 242 | |
| 310 | + | similar locking devices that connect to an electronic security system, 243 | |
| 311 | + | provided such persons maintain an electrical contractor or 244 | |
| 312 | + | journeyperson licensed to perform such work as required pursuant to 245 | |
| 313 | + | chapter 393. 246 | |
| 314 | + | Sec. 8. Subsection (d) of section 21-71 of the 2022 supplement to the 247 | |
| 315 | + | general statutes is repealed and the following is substituted in lieu 248 | |
| 316 | + | thereof (Effective October 1, 2022): 249 | |
| 317 | + | (d) The department may issue an order to any owner determined to 250 | |
| 318 | + | be in violation of any provision of this chapter or any regulation issued 251 | |
| 319 | + | under this section after an inspection of a mobile manufactured home 252 | |
| 320 | + | park, providing for the immediate discontinuance of the violation or 253 | |
| 321 | + | timely remediation of such violation. Any owner of a mobile 254 | |
| 322 | + | manufactured home park who fails to comply with any orders 255 | |
| 323 | + | contained in a notice of violation resulting from a reinspection of such 256 | |
| 324 | + | park not later than thirty days after [of] issuance of such notice, 257 | |
| 325 | + | including confirmation of active licensure, shall be fined five hundred 258 | |
| 326 | + | dollars per violation and shall follow the procedures specified in section 259 | |
| 327 | + | 51-164n. 260 | |
| 328 | + | Sec. 9. Subdivision (21) of section 21a-420 of the 2022 supplement to 261 | |
| 329 | + | the general statutes is repealed and the following is substituted in lieu 262 | |
| 330 | + | thereof (Effective October 1, 2022): 263 | |
| 331 | + | (21) "Equity" and "equitable" means efforts, regulations, policies, 264 | |
| 332 | + | programs, standards, processes and any other functions of government 265 | |
| 333 | + | or principles of law and governance intended to: (A) Identify and 266 | |
| 334 | + | remedy past and present patterns of discrimination and disparities of 267 | |
| 335 | + | race, ethnicity, gender and sexual orientation; (B) ensure that such 268 Substitute Bill No. 5148 | |
| 428 | 336 | ||
| 429 | - | Public Act No. 22-70 14 of 22 | |
| 430 | 337 | ||
| 431 | - | designee determines that the notice of obligation is accurate, the | |
| 432 | - | department shall forthwith issue an order directing the wholesaler or | |
| 433 | - | manufacturer to promptly give all manufacturers and wholesalers | |
| 434 | - | engaged in the business of selling alcoholic liquor to retailers in this | |
| 435 | - | state, a "notice of delinquency". The notice of delinquency shall identify | |
| 436 | - | the delinquent retailer, and state the amount due and the date of the | |
| 437 | - | expiration of the thirty-day credit period. No wholesaler or | |
| 438 | - | manufacturer receiving a notice of delinquency shall extend credit by | |
| 439 | - | the sale of alcoholic liquor or otherwise to such delinquent retailer until | |
| 440 | - | after the manufacturer or wholesaler has received a "notice of | |
| 441 | - | satisfaction" from the sender of the notice of delinquency. If the | |
| 442 | - | chairman or such chairman's designee determines that the notice of | |
| 443 | - | obligation is inaccurate, the department shall forthwith issue an order | |
| 444 | - | prohibiting a notice of delinquency. The party for whom the | |
| 445 | - | determination by the chairman or such chairman's designee was | |
| 446 | - | adverse, shall promptly pay to the department a part of the cost of the | |
| 447 | - | proceedings as determined by the chairman or such chairman's | |
| 448 | - | designee, which shall not be less than fifty dollars. The department may | |
| 449 | - | suspend or revoke the permit of any permittee who, in bad faith, gives | |
| 450 | - | an incorrect notice of obligation, an incorrect response to notice of | |
| 451 | - | obligation, or an unauthorized notice of delinquency. If the department | |
| 452 | - | does not receive a response to the notice of obligation within such ten- | |
| 453 | - | day period, the delinquency shall be deemed to be admitted and the | |
| 454 | - | wholesaler or manufacturer who sent the notice of obligation shall, | |
| 455 | - | within the three days following the expiration of such ten-day period, | |
| 456 | - | give a notice of delinquency to the department and to all wholesalers | |
| 457 | - | and manufacturers engaged in the business of selling alcoholic liquor to | |
| 458 | - | retailers in this state. A notice of delinquency identifying a retailer who | |
| 459 | - | does not file a response within such ten-day period shall have the same | |
| 460 | - | effect as a notice of delinquency given by order of the chairman or such | |
| 461 | - | chairman's designee. A wholesaler permittee or manufacturer permittee | |
| 462 | - | that has given a notice of delinquency and that receives full payment for | |
| 463 | - | the credit extended, shall, within three days after the date of full Substitute House Bill No. 5148 | |
| 338 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148- | |
| 339 | + | R01-HB.docx } | |
| 340 | + | 10 of 20 | |
| 464 | 341 | ||
| 465 | - | Public Act No. 22-70 15 of 22 | |
| 342 | + | patterns of discrimination and disparities, whether intentional or 269 | |
| 343 | + | unintentional, are neither reinforced nor perpetuated; and (C) prevent 270 | |
| 344 | + | the emergence and persistence of foreseeable future patterns of 271 | |
| 345 | + | discrimination or disparities of race, ethnicity, gender [,] and sexual 272 | |
| 346 | + | orientation; 273 | |
| 347 | + | Sec. 10. Subsection (e) of section 21a-420z of the 2022 supplement to 274 | |
| 348 | + | the general statutes is repealed and the following is substituted in lieu 275 | |
| 349 | + | thereof (Effective October 1, 2022): 276 | |
| 350 | + | (e) The commissioner shall adopt regulations, in accordance with 277 | |
| 351 | + | chapter 54, to implement the provisions of RERACA. Notwithstanding 278 | |
| 352 | + | the requirements of sections 4-168 to 4-172, inclusive, in order to 279 | |
| 353 | + | effectuate the purposes of RERACA and protect public health and 280 | |
| 354 | + | safety, prior to adopting such regulations the commissioner shall issue 281 | |
| 355 | + | policies and procedures to implement the provisions of this section that 282 | |
| 356 | + | shall have the force and effect of law. The commissioner shall post all 283 | |
| 357 | + | policies and procedures on the department's Internet web site, and 284 | |
| 358 | + | submit such policies and procedures to the Secretary of the State for 285 | |
| 359 | + | posting on the eRegulations System, at least fifteen days prior to the 286 | |
| 360 | + | effective date of any policy or procedure. Any such policy or procedure 287 | |
| 361 | + | shall no longer be effective upon the earlier of either adoption of such 288 | |
| 362 | + | policy or procedure as a final regulation under section 4-172 or forty-289 | |
| 363 | + | eight months from July 1, 2021, if such final regulations have not been 290 | |
| 364 | + | submitted to the legislative regulation review committee for 291 | |
| 365 | + | consideration under section 4-170. The commissioner shall issue policies 292 | |
| 366 | + | and procedures, and thereafter adopt final regulations, requiring that: 293 | |
| 367 | + | (1) The delivery service and transporter meet certain security 294 | |
| 368 | + | requirements related to the storage, handling and transport of cannabis, 295 | |
| 369 | + | the vehicles employed, the conduct of employees and agents, and the 296 | |
| 370 | + | documentation that shall be maintained by the delivery service, 297 | |
| 371 | + | transporter and its drivers; (2) a delivery service that delivers cannabis 298 | |
| 372 | + | to consumers maintain an online interface that verifies the age of 299 | |
| 373 | + | consumers ordering cannabis for delivery and meets certain 300 | |
| 374 | + | specifications and data security standards; and (3) a delivery service that 301 Substitute Bill No. 5148 | |
| 466 | 375 | ||
| 467 | - | payment, give a notice of satisfaction to the department and to all | |
| 468 | - | wholesalers and manufacturers to whom a notice of delinquency was | |
| 469 | - | sent. The prohibition against extension of credit to such retailer shall be | |
| 470 | - | void upon such full payment. The department may revoke or suspend | |
| 471 | - | any permit for a violation of this section. An appeal from an order of | |
| 472 | - | revocation or suspension issued in accordance with this section may be | |
| 473 | - | taken in accordance with section 30-60. | |
| 474 | - | Sec. 14. Section 42-179 of the 2022 supplement to the general statutes | |
| 475 | - | is repealed and the following is substituted in lieu thereof (Effective | |
| 476 | - | October 1, 2022): | |
| 477 | - | (a) As used in this chapter: | |
| 478 | - | (1) "Consumer" means the purchaser, other than for purposes of | |
| 479 | - | resale, of a motor vehicle, a lessee of a motor vehicle, any person to | |
| 480 | - | whom such motor vehicle is transferred during the duration of an | |
| 481 | - | express warranty applicable to such motor vehicle, and any person | |
| 482 | - | entitled by the terms of such warranty to enforce the obligations of the | |
| 483 | - | warranty; and | |
| 484 | - | (2) ["motor vehicle"] "Motor vehicle" means a passenger motor | |
| 485 | - | vehicle, a passenger and commercial motor vehicle or a motorcycle, as | |
| 486 | - | defined in section 14-1, which is sold or leased in this state. | |
| 487 | - | (b) If a new motor vehicle does not conform to all applicable express | |
| 488 | - | warranties, and the consumer reports the nonconformity to the | |
| 489 | - | manufacturer, its agent or its authorized dealer during the period of two | |
| 490 | - | years following the date of original delivery of the motor vehicle to a | |
| 491 | - | consumer or during the period of the first twenty-four thousand miles | |
| 492 | - | of operation, whichever period ends first, the manufacturer, its agent or | |
| 493 | - | its authorized dealer shall make such repairs as are necessary to | |
| 494 | - | conform the vehicle to such express warranties, notwithstanding the | |
| 495 | - | fact that such repairs are made after the expiration of the applicable Substitute House Bill No. 5148 | |
| 496 | 376 | ||
| 497 | - | Public Act No. 22-70 16 of 22 | |
| 377 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148- | |
| 378 | + | R01-HB.docx } | |
| 379 | + | 11 of 20 | |
| 498 | 380 | ||
| 499 | - | period. | |
| 500 | - | (c) No consumer shall be required to notify the manufacturer of a | |
| 501 | - | claim under this section and sections 42-181 to 42-184, inclusive, unless | |
| 502 | - | the manufacturer has clearly and conspicuously disclosed to the | |
| 503 | - | consumer, in the warranty or owner's manual, that written notification | |
| 504 | - | of the nonconformity is required before the consumer may be eligible | |
| 505 | - | for a refund or replacement of the vehicle. The manufacturer shall | |
| 506 | - | include with the warranty or owner's manual the name and address to | |
| 507 | - | which the consumer shall send such written notification. | |
| 508 | - | (d) (1) If the manufacturer or its agents or authorized dealers are | |
| 509 | - | unable to conform the motor vehicle to any applicable express warranty | |
| 510 | - | by repairing or correcting any defect or condition which substantially | |
| 511 | - | impairs the use, safety or value of the motor vehicle to the consumer | |
| 512 | - | after a reasonable number of attempts, the manufacturer shall replace | |
| 513 | - | the motor vehicle with a new motor vehicle acceptable to the consumer, | |
| 514 | - | or accept return of the vehicle from the consumer and refund to the | |
| 515 | - | consumer, lessor and lienholder, if any, as their interests may appear, | |
| 516 | - | the following: [(1)] (A) The full contract price, including, but not limited | |
| 517 | - | to, charges for undercoating, dealer preparation and transportation and | |
| 518 | - | installed options; [, (2)] (B) all collateral charges, including but not | |
| 519 | - | limited to, sales tax, license and registration fees, and similar | |
| 520 | - | government charges; [, (3)] (C) all finance charges incurred by the | |
| 521 | - | consumer after he first reports the nonconformity to the manufacturer, | |
| 522 | - | agent or dealer and during any subsequent period when the vehicle is | |
| 523 | - | out of service by reason of repair; [,] and [(4)] (D) all incidental damages, | |
| 524 | - | if applicable, less a reasonable allowance for the consumer's use of the | |
| 525 | - | vehicle. [Incidental] | |
| 526 | - | (2) For the purposes of this subsection, incidental damages include, | |
| 527 | - | but are not limited to, compensation for any commercially reasonable | |
| 528 | - | charges or expenses with respect to: (A) Inspection, receipt, | |
| 529 | - | transportation, care or custody of the motor vehicle; [,] (B) covering, Substitute House Bill No. 5148 | |
| 381 | + | delivers cannabis to consumers, qualifying patients or caregivers, and 302 | |
| 382 | + | all employees and agents of such licensee, to verify the identity of the 303 | |
| 383 | + | qualifying patient, caregiver or consumer and the age of the consumer 304 | |
| 384 | + | upon delivery of cannabis to the end consumer, qualifying patient [,] or 305 | |
| 385 | + | caregiver, in a manner acceptable to the commissioner. The individual 306 | |
| 386 | + | placing the cannabis order shall be the individual accepting delivery of 307 | |
| 387 | + | the cannabis except, in the case of a qualifying patient, the individual 308 | |
| 388 | + | accepting the delivery may be the caregiver of such qualifying patient. 309 | |
| 389 | + | Sec. 11. Subsection (b) of section 29-143b of the 2022 supplement to 310 | |
| 390 | + | the general statutes is repealed and the following is substituted in lieu 311 | |
| 391 | + | thereof (Effective October 1, 2022): 312 | |
| 392 | + | (b) Nothing in section 29-133 or 29-136 shall be construed to preclude 313 | |
| 393 | + | the hiring of certified lifeguards under the age of eighteen to oversee 314 | |
| 394 | + | aquatic rides and devices such as pools, water slides, lazy rivers [,] or 315 | |
| 395 | + | interactive aquatic play devices, provided an adult of at least eighteen 316 | |
| 396 | + | years of age who is trained in normal operating and emergency 317 | |
| 397 | + | procedures supervises the area containing such aquatic rides or devices. 318 | |
| 398 | + | Sec. 12. Subsection (a) of section 30-37f of the 2022 supplement to the 319 | |
| 399 | + | general statutes is repealed and the following is substituted in lieu 320 | |
| 400 | + | thereof (Effective October 1, 2022): 321 | |
| 401 | + | (a) Notwithstanding the provisions of any general statute or 322 | |
| 402 | + | regulation to the contrary, (1) the state of Connecticut, as owner or lessor 323 | |
| 403 | + | of premises at Bradley International Airport, shall be permitted to enter 324 | |
| 404 | + | into an arrangement with any concessionaire or lessee holding a permit 325 | |
| 405 | + | or permits at Bradley International Airport, and receive payments from 326 | |
| 406 | + | such concessionaire or lessee, without regard to the level or percentage 327 | |
| 407 | + | of gross receipts from the gross sales of alcoholic liquor by such 328 | |
| 408 | + | concessionaire or lessee; (2) any person may be a permittee for more 329 | |
| 409 | + | than one cafe permit issued pursuant to subsection (d) of section 30-22a; 330 | |
| 410 | + | and (3) any area subject to a permit in Bradley International Airport that 331 | |
| 411 | + | is contiguous to or within any concourse area shall not be required to 332 | |
| 412 | + | provide a single point of egress or ingress or to effectively separate the 333 Substitute Bill No. 5148 | |
| 530 | 413 | ||
| 531 | - | Public Act No. 22-70 17 of 22 | |
| 532 | 414 | ||
| 533 | - | returning or disposing of the motor vehicle; [,] (C) reasonable efforts to | |
| 534 | - | minimize or avoid the consequences of financial default related to the | |
| 535 | - | motor vehicle; [,] and (D) effectuating other remedies after a defect or | |
| 536 | - | condition that substantially impaired the motor vehicle has been | |
| 537 | - | reported to a dealership or manufacturer. | |
| 538 | - | (3) No authorized dealer shall be held liable by the manufacturer for | |
| 539 | - | any refunds or vehicle replacements in the absence of evidence | |
| 540 | - | indicating that dealership repairs have been carried out in a manner | |
| 541 | - | inconsistent with the manufacturers' instructions. Refunds or | |
| 542 | - | replacements shall be made to the consumer, lessor and lienholder if | |
| 543 | - | any, as their interests may appear. A reasonable allowance for use shall | |
| 544 | - | be that amount obtained by multiplying the total contract price of the | |
| 545 | - | vehicle by a fraction having as its denominator one hundred twenty | |
| 546 | - | thousand and having as its numerator the number of miles that the | |
| 547 | - | vehicle traveled prior to the manufacturer's acceptance of its return. | |
| 548 | - | (4) It shall be an affirmative defense to any claim under this section | |
| 549 | - | [(i) that an] that: (A) An alleged nonconformity does not substantially | |
| 550 | - | impair such use, safety or value; [, or (ii) that] or (B) a nonconformity is | |
| 551 | - | the result of abuse, neglect or unauthorized modifications or alterations | |
| 552 | - | of a motor vehicle by a consumer. | |
| 553 | - | (e) (1) It shall be presumed that a reasonable number of attempts have | |
| 554 | - | been undertaken to conform a motor vehicle to the applicable express | |
| 555 | - | warranties, if: [(1) the] (A) The same nonconformity has been subject to | |
| 556 | - | repair four or more times by the manufacturer or its agents or | |
| 557 | - | authorized dealers during the period of two years following the date of | |
| 558 | - | original delivery of the motor vehicle to a consumer or during the period | |
| 559 | - | of the first twenty-four thousand miles of operation, whichever period | |
| 560 | - | ends first, but such nonconformity continues to exist; [,] or [(2)] (B) the | |
| 561 | - | vehicle is out of service by reason of repair for a cumulative total of | |
| 562 | - | thirty or more calendar days during the applicable period, determined | |
| 563 | - | pursuant to [subdivision (1) of this subsection.] Such subparagraph (A) Substitute House Bill No. 5148 | |
| 415 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148- | |
| 416 | + | R01-HB.docx } | |
| 417 | + | 12 of 20 | |
| 564 | 418 | ||
| 565 | - | Public Act No. 22-70 18 of 22 | |
| 419 | + | bar area or any dining area from the concourse area by means of 334 | |
| 420 | + | partitions, fences [,] or doors, provided that a permittee of such area may 335 | |
| 421 | + | be required by the Department of Consumer Protection to provide a 336 | |
| 422 | + | barrier to separate the back bar area from the concourse area to prevent 337 | |
| 423 | + | public access to the portion of the back bar area from which liquor is 338 | |
| 424 | + | dispensed, if physically practicable. 339 | |
| 425 | + | Sec. 13. Subsection (b) of section 30-48 of the 2022 supplement to the 340 | |
| 426 | + | general statutes is repealed and the following is substituted in lieu 341 | |
| 427 | + | thereof (Effective October 1, 2022): 342 | |
| 428 | + | (b) No permittee or backer thereof and no employee or agent of such 343 | |
| 429 | + | permittee or backer shall borrow money or receive credit in any form 344 | |
| 430 | + | for a period in excess of thirty days, directly or indirectly, from any 345 | |
| 431 | + | manufacturer permittee, or backer thereof, or from any wholesaler 346 | |
| 432 | + | permittee, or backer thereof, of alcoholic liquor or from any member of 347 | |
| 433 | + | the family of such manufacturer permittee or backer thereof or from any 348 | |
| 434 | + | stockholder in a corporation manufacturing or wholesaling such liquor, 349 | |
| 435 | + | and no manufacturer permittee or backer thereof or wholesaler 350 | |
| 436 | + | permittee or backer thereof or member of the family of either of such 351 | |
| 437 | + | permittees or of any such backer, and no stockholder of a corporation 352 | |
| 438 | + | manufacturing or wholesaling such liquor shall lend money or 353 | |
| 439 | + | otherwise extend credit, directly or indirectly, to any such permittee or 354 | |
| 440 | + | backer thereof or to the employee or agent of any such permittee or 355 | |
| 441 | + | backer. A wholesaler permittee or backer, or a manufacturer permittee 356 | |
| 442 | + | or backer, that has not received payment in full from a retailer permittee 357 | |
| 443 | + | or backer within thirty days after the date such credit was extended to 358 | |
| 444 | + | such retailer or backer or to an employee or agent of any such retailer or 359 | |
| 445 | + | backer, shall give a written notice of obligation to such retailer within 360 | |
| 446 | + | the five days following the expiration of the thirty-day period of credit. 361 | |
| 447 | + | The notice of obligation shall state: The amount due; the date credit was 362 | |
| 448 | + | extended; the date the thirty-day period ended; [,] and that the retailer 363 | |
| 449 | + | is in violation of this section. A retailer who disputes the accuracy of the 364 | |
| 450 | + | "notice of obligation" shall, within the ten days following the expiration 365 | |
| 451 | + | of the thirty-day period of credit, give a written response to notice of 366 Substitute Bill No. 5148 | |
| 566 | 452 | ||
| 567 | - | of this subdivision. | |
| 568 | - | (2) The two-year period and [such] thirty-day period set forth in | |
| 569 | - | subdivision (1) of this subsection shall be extended by any period of | |
| 570 | - | time during which repair services are not available to the consumer | |
| 571 | - | because of a war, invasion, strike or fire, flood or other natural disaster. | |
| 572 | - | (3) No claim shall be made under this section unless at least one | |
| 573 | - | attempt to repair a nonconformity has been made by the manufacturer | |
| 574 | - | or its agent or an authorized dealer or unless such manufacturer, its | |
| 575 | - | agent or an authorized dealer has refused to attempt to repair such | |
| 576 | - | nonconformity. | |
| 577 | - | (f) If a motor vehicle has a nonconformity which results in a condition | |
| 578 | - | which is likely to cause death or serious bodily injury if the vehicle is | |
| 579 | - | driven, it shall be presumed that a reasonable number of attempts have | |
| 580 | - | been undertaken to conform such vehicle to the applicable express | |
| 581 | - | warranties if the nonconformity has been subject to repair at least twice | |
| 582 | - | by the manufacturer or its agents or authorized dealers within the | |
| 583 | - | express warranty term or during the period of one year following the | |
| 584 | - | date of the original delivery of the motor vehicle to a consumer, | |
| 585 | - | whichever period ends first, but such nonconformity continues to exist. | |
| 586 | - | The term of an express warranty and such one-year period shall be | |
| 587 | - | extended by any period of time during which repair services are not | |
| 588 | - | available to the consumer because of war, invasion, strike or fire, flood | |
| 589 | - | or other natural disaster. | |
| 590 | - | (g) (1) No motor vehicle which is returned to any person pursuant to | |
| 591 | - | any provision of this chapter or in settlement of any dispute related to | |
| 592 | - | any complaint made under the provisions of this chapter and which | |
| 593 | - | requires replacement or refund shall be resold, transferred or leased in | |
| 594 | - | the state without clear and conspicuous written disclosure of the fact | |
| 595 | - | that such motor vehicle was so returned prior to resale or lease. Such | |
| 596 | - | disclosure shall be affixed to the motor vehicle and shall be included in Substitute House Bill No. 5148 | |
| 597 | 453 | ||
| 598 | - | Public Act No. 22-70 19 of 22 | |
| 454 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148- | |
| 455 | + | R01-HB.docx } | |
| 456 | + | 13 of 20 | |
| 599 | 457 | ||
| 600 | - | any contract for sale or lease. The Commissioner of Motor Vehicles shall, | |
| 601 | - | by regulations adopted in accordance with the provisions of chapter 54, | |
| 602 | - | prescribe the form and content of any such disclosure statement and | |
| 603 | - | establish provisions by which the commissioner may remove such | |
| 604 | - | written disclosure after such time as the commissioner may determine | |
| 605 | - | that such motor vehicle is no longer defective. | |
| 606 | - | (2) For any motor vehicle subject to a complaint made under the | |
| 607 | - | provisions of this chapter, if a manufacturer accepts the return of a | |
| 608 | - | motor vehicle or compensates any person who accepts the return of a | |
| 609 | - | motor vehicle, whether the return is pursuant to an arbitration award or | |
| 610 | - | settlement, such manufacturer shall stamp the word s | |
| 611 | - | "MANUFACTURER BUYBACK -LEMON" clearly and conspicuously | |
| 612 | - | on the face of the original title in letters at least one-quarter inch high | |
| 613 | - | and, not later than thirty days after receipt of the title, shall submit a | |
| 614 | - | copy of the stamped title to the Department of Motor Vehicles. The | |
| 615 | - | Department of Motor Vehicles shall maintain a listing of such buyback | |
| 616 | - | vehicles and in the case of any request for a title for a buyback vehicle, | |
| 617 | - | shall cause the words "MANUFACTURER BUYBACK -LEMON" to | |
| 618 | - | appear clearly and conspicuously on the face of the new title in letters | |
| 619 | - | which are at least one-quarter inch high. Any person who applies for a | |
| 620 | - | title shall disclose to the department the fact that such vehicle was | |
| 621 | - | returned as set forth in this subsection. | |
| 622 | - | (3) If a manufacturer accepts the return of a motor vehicle from a | |
| 623 | - | consumer due to a nonconformity or defect, in exchange for a refund or | |
| 624 | - | a replacement vehicle, whether as a result of an administrative or | |
| 625 | - | judicial determination, an arbitration proceeding or a voluntary | |
| 626 | - | settlement, the manufacturer shall notify the Department of Motor | |
| 627 | - | Vehicles and shall provide the department with all relevant information, | |
| 628 | - | including the year, make, model, vehicle identification number and | |
| 629 | - | prior title number of the vehicle. Such manufacturer shall stamp the | |
| 630 | - | words "MANUFACTURER BUYBACK -LEMON" clearly and Substitute House Bill No. 5148 | |
| 458 | + | obligation to the department and give a copy to the wholesaler or 367 | |
| 459 | + | manufacturer who sent the notice. The response shall state the retailer's 368 | |
| 460 | + | basis for dispute and the amount, if any, admitted to be owed for more 369 | |
| 461 | + | than thirty days; the copy forwarded to the wholesaler or manufacturer 370 | |
| 462 | + | shall be accompanied by the amount admitted to be due, if any, and 371 | |
| 463 | + | such payment shall be made and received without prejudice to the 372 | |
| 464 | + | rights of either party in any civil action. Upon receipt of the retailer's 373 | |
| 465 | + | response, the chairman of the commission or such chairman's designee 374 | |
| 466 | + | shall conduct an informal hearing with the parties being given equal 375 | |
| 467 | + | opportunity to appear and be heard. If the chairman or such chairman's 376 | |
| 468 | + | designee determines that the notice of obligation is accurate, the 377 | |
| 469 | + | department shall forthwith issue an order directing the wholesaler or 378 | |
| 470 | + | manufacturer to promptly give all manufacturers and wholesalers 379 | |
| 471 | + | engaged in the business of selling alcoholic liquor to retailers in this 380 | |
| 472 | + | state, a "notice of delinquency". The notice of delinquency shall identify 381 | |
| 473 | + | the delinquent retailer, and state the amount due and the date of the 382 | |
| 474 | + | expiration of the thirty-day credit period. No wholesaler or 383 | |
| 475 | + | manufacturer receiving a notice of delinquency shall extend credit by 384 | |
| 476 | + | the sale of alcoholic liquor or otherwise to such delinquent retailer until 385 | |
| 477 | + | after the manufacturer or wholesaler has received a "notice of 386 | |
| 478 | + | satisfaction" from the sender of the notice of delinquency. If the 387 | |
| 479 | + | chairman or such chairman's designee determines that the notice of 388 | |
| 480 | + | obligation is inaccurate, the department shall forthwith issue an order 389 | |
| 481 | + | prohibiting a notice of delinquency. The party for whom the 390 | |
| 482 | + | determination by the chairman or such chairman's designee was 391 | |
| 483 | + | adverse, shall promptly pay to the department a part of the cost of the 392 | |
| 484 | + | proceedings as determined by the chairman or such chairman's 393 | |
| 485 | + | designee, which shall not be less than fifty dollars. The department may 394 | |
| 486 | + | suspend or revoke the permit of any permittee who, in bad faith, gives 395 | |
| 487 | + | an incorrect notice of obligation, an incorrect response to notice of 396 | |
| 488 | + | obligation, or an unauthorized notice of delinquency. If the department 397 | |
| 489 | + | does not receive a response to the notice of obligation within such ten-398 | |
| 490 | + | day period, the delinquency shall be deemed to be admitted and the 399 | |
| 491 | + | wholesaler or manufacturer who sent the notice of obligation shall, 400 | |
| 492 | + | within the three days following the expiration of such ten-day period, 401 Substitute Bill No. 5148 | |
| 631 | 493 | ||
| 632 | - | Public Act No. 22-70 20 of 22 | |
| 633 | 494 | ||
| 634 | - | conspicuously on the face of the original title in letters at least one- | |
| 635 | - | quarter-inch high, and, not later than thirty days after receipt of the title, | |
| 636 | - | shall submit a copy of the stamped title to the Department of Motor | |
| 637 | - | Vehicles. The Commissioner of Motor Vehicles shall adopt regulations | |
| 638 | - | in accordance with chapter 54 specifying the format and time period in | |
| 639 | - | which such information shall be provided and the nature of any | |
| 640 | - | additional information which the commissioner may require. | |
| 641 | - | (4) The provisions of this subsection shall apply to motor vehicles | |
| 642 | - | originally returned in another state from a consumer due to a | |
| 643 | - | nonconformity or defect in exchange for a refund or replacement vehicle | |
| 644 | - | and which a lessor or transferor with actual knowledge subsequently | |
| 645 | - | sells, transfers or leases in this state. | |
| 646 | - | (5) If a manufacturer fails to stamp a title as required by this | |
| 647 | - | subsection within thirty days of receipt of the title, the Department of | |
| 648 | - | Consumer Protection may impose a fine not to exceed ten thousand | |
| 649 | - | dollars on the manufacturer. Any such fine shall be deposited into the | |
| 650 | - | new automobile warranties account established pursuant to section 42- | |
| 651 | - | 190. A manufacturer that is aggrieved by a fine imposed pursuant to this | |
| 652 | - | subsection may, within ten days of receipt of written notice of such fine | |
| 653 | - | from the department, request, in writing, a hearing. The department | |
| 654 | - | shall, upon the receipt of all documentation necessary to evaluate the | |
| 655 | - | request, determine whether circumstances beyond the manufacturer's | |
| 656 | - | control prevented performance, and may conduct a hearing pursuant to | |
| 657 | - | chapter 54, if appropriate. | |
| 658 | - | (h) All express and implied warranties arising from the sale of a new | |
| 659 | - | motor vehicle shall be subject to the provisions of part 3 of article 2 of | |
| 660 | - | title 42a. | |
| 661 | - | (i) Nothing in this section shall in any way limit the rights or remedies | |
| 662 | - | which are otherwise available to a consumer under any other law. Substitute House Bill No. 5148 | |
| 495 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148- | |
| 496 | + | R01-HB.docx } | |
| 497 | + | 14 of 20 | |
| 663 | 498 | ||
| 664 | - | Public Act No. 22-70 21 of 22 | |
| 499 | + | give a notice of delinquency to the department and to all wholesalers 402 | |
| 500 | + | and manufacturers engaged in the business of selling alcoholic liquor to 403 | |
| 501 | + | retailers in this state. A notice of delinquency identifying a retailer who 404 | |
| 502 | + | does not file a response within such ten-day period shall have the same 405 | |
| 503 | + | effect as a notice of delinquency given by order of the chairman or such 406 | |
| 504 | + | chairman's designee. A wholesaler permittee or manufacturer permittee 407 | |
| 505 | + | that has given a notice of delinquency and that receives full payment for 408 | |
| 506 | + | the credit extended, shall, within three days after the date of full 409 | |
| 507 | + | payment, give a notice of satisfaction to the department and to all 410 | |
| 508 | + | wholesalers and manufacturers to whom a notice of delinquency was 411 | |
| 509 | + | sent. The prohibition against extension of credit to such retailer shall be 412 | |
| 510 | + | void upon such full payment. The department may revoke or suspend 413 | |
| 511 | + | any permit for a violation of this section. An appeal from an order of 414 | |
| 512 | + | revocation or suspension issued in accordance with this section may be 415 | |
| 513 | + | taken in accordance with section 30-60. 416 | |
| 514 | + | Sec. 14. Section 42-179 of the 2022 supplement to the general statutes 417 | |
| 515 | + | is repealed and the following is substituted in lieu thereof (Effective 418 | |
| 516 | + | October 1, 2022): 419 | |
| 517 | + | (a) As used in this chapter: 420 | |
| 518 | + | (1) "Consumer" means the purchaser, other than for purposes of 421 | |
| 519 | + | resale, of a motor vehicle, a lessee of a motor vehicle, any person to 422 | |
| 520 | + | whom such motor vehicle is transferred during the duration of an 423 | |
| 521 | + | express warranty applicable to such motor vehicle, and any person 424 | |
| 522 | + | entitled by the terms of such warranty to enforce the obligations of the 425 | |
| 523 | + | warranty; and 426 | |
| 524 | + | (2) ["motor vehicle"] "Motor vehicle" means a passenger motor 427 | |
| 525 | + | vehicle, a passenger and commercial motor vehicle or a motorcycle, as 428 | |
| 526 | + | defined in section 14-1, which is sold or leased in this state. 429 | |
| 527 | + | (b) If a new motor vehicle does not conform to all applicable express 430 | |
| 528 | + | warranties, and the consumer reports the nonconformity to the 431 | |
| 529 | + | manufacturer, its agent or its authorized dealer during the period of two 432 Substitute Bill No. 5148 | |
| 665 | 530 | ||
| 666 | - | (j) If a manufacturer has established an informal dispute settlement | |
| 667 | - | procedure which is certified by the Attorney General as complying in | |
| 668 | - | all respects with the provisions of Title 16 Code of Federal Regulations | |
| 669 | - | Part 703, as in effect on October 1, 1982, and with the provisions of | |
| 670 | - | subsection (b) of section 42-182, the provisions of subsection (d) of this | |
| 671 | - | section concerning refunds or replacement shall not apply to any | |
| 672 | - | consumer who has not first resorted to such procedure. | |
| 673 | - | (k) The Commissioner of Consumer Protection may adopt | |
| 674 | - | regulations, in accordance with the provisions of chapter 54, to | |
| 675 | - | implement the provisions of this section. | |
| 676 | - | Sec. 15. Section 42-162 of the general statutes is repealed and the | |
| 677 | - | following is substituted in lieu thereof (Effective July 1, 2022): | |
| 678 | - | The notice required by section 42-161, as amended by this act, shall | |
| 679 | - | contain the following information in plain language and a simple | |
| 680 | - | format: (1) An itemized statement of the owner's claim showing the | |
| 681 | - | amount due at the time of the notice and the date the amount became | |
| 682 | - | due; (2) a description of the personal property subject to the lien | |
| 683 | - | sufficient to permit its identification, except that any container including | |
| 684 | - | but not limited to a trunk, valise or box that is locked, fastened, sealed, | |
| 685 | - | or tied in a manner which hinders immediate access to its contents may | |
| 686 | - | be described as such without describing its contents; (3) a notice of | |
| 687 | - | denial of access to the personal property by the occupant if such denial | |
| 688 | - | is permitted under the terms of the rental agreement, such notice to | |
| 689 | - | provide the name, street address and telephone number of the owner | |
| 690 | - | whom the occupant may contact; (4) a demand for payment within a | |
| 691 | - | conspicuously specified time not less than fourteen days after delivery | |
| 692 | - | of the notice; and (5) a conspicuous statement that unless the amount | |
| 693 | - | due is paid within the sixty days after default the owner will advertise | |
| 694 | - | the personal property for sale or disposition and will sell or otherwise | |
| 695 | - | dispose of such personal property, the date, time and place of such sale | |
| 696 | - | or disposition to be specified in the notice. Substitute House Bill No. 5148 | |
| 697 | 531 | ||
| 698 | - | Public Act No. 22-70 22 of 22 | |
| 532 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148- | |
| 533 | + | R01-HB.docx } | |
| 534 | + | 15 of 20 | |
| 699 | 535 | ||
| 700 | - | Sec. 16. Subsection (a) of section 1-2b of the general statutes is | |
| 701 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 702 | - | 2022): | |
| 703 | - | (a) For purposes of sections 1-100oo, 1-206, 2-71r, 4-176, 4-180, 4-183, | |
| 704 | - | 4a-52a, 4a-60q, 4a-63, 4a-100, 4e-34, 4e-35, 7-65, 7-148w, 7-247a, 7-473c, | |
| 705 | - | 7-478e, 8-3b, 8-3i, 8-7d, 8-26b, 8-169r, 8-293, 9-388, 9-608, 9-623, 10a-22c, | |
| 706 | - | 10a-22i, 10a-34a, 10a-109n, 12-35, 12-157, 12-242ii, 12-242jj, 13a-80, 13a- | |
| 707 | - | 123, 15-11a, 16-41, 16-50c, 16-50d, 17a-103b, 19a-87, 19a-87c, 19a-209c, | |
| 708 | - | 19a-332e, 19a-343a, 19a-486a, 19a-486c, 19a-486d, 19a-497, 19a-507b, 20- | |
| 709 | - | 205a, 20-325a, 21-63, 21-80, 22-7, 22a-6b, 22a-6u, 22a-30, 22a-42d, 22a-42f, | |
| 710 | - | 22a-66d, 22a-137, 22a-178, 22a-225, 22a-228, 22a-250, 22a-354p, 22a-354s, | |
| 711 | - | 22a-354t, 22a-361, 22a-371, 22a-401, 22a-403, 22a-433, 22a-436, 22a-449f, | |
| 712 | - | 22a-449l, 22a-449n, 22a-504, 22a-626, 23-46, 23-65j, 23-651, 23-65p, 25-32, | |
| 713 | - | 25-32e, 25-331, 25-34, 25-204, 25-234, 29-108d, 31-57c, 31-57d, 31-355, 32- | |
| 714 | - | 613, 33-663, 33-929, 33-1053, 33-1219, 34-521, 35-42, 36a-50, 36a-51, 36a- | |
| 715 | - | 52, 36a-53, 36a-82, 36a-184, 36a-493, 36b-62, 36b-72, 38-323a, 38a-344, | |
| 716 | - | 38a-676, 38a-724, 38a-788, 42-158j, [42-161,] 42-181, 42-182, 42-186, 42- | |
| 717 | - | 271, 45a-716, 46b-115w, 46b-128, 47-42d, 47-74f, 47-88b, 47-236, 47-284, | |
| 718 | - | 47a-11b, 47a-11d, 47a-13a, 47a-14h, 47a-56b, 49-2, 49-4a, 49-8, 49-8a, 49- | |
| 719 | - | 10b, 49-31b, 49-51, 49-70, 51-90e, 52-57, 52-59b, 52-63, 52-64, 52-195c, 52- | |
| 720 | - | 350e, 52-351b, 52-361a, 52-362, 52-565a, 52-605, 52-606, 53-401, 53a-128, | |
| 721 | - | 53a-128d, 53a-207 and 54-82c and chapter 965, any reference to certified | |
| 722 | - | mail, return receipt requested, shall include mail, electronic, and digital | |
| 723 | - | methods of receiving the return receipt, including all methods of | |
| 724 | - | receiving the return receipt identified by the Mailing Standards of the | |
| 725 | - | United States Postal Service in Chapter 500 of the Domestic Mail Manual | |
| 726 | - | or any subsequent corresponding document of the United States Postal | |
| 727 | - | Service. | |
| 536 | + | years following the date of original delivery of the motor vehicle to a 433 | |
| 537 | + | consumer or during the period of the first twenty-four thousand miles 434 | |
| 538 | + | of operation, whichever period ends first, the manufacturer, its agent or 435 | |
| 539 | + | its authorized dealer shall make such repairs as are necessary to 436 | |
| 540 | + | conform the vehicle to such express warranties, notwithstanding the 437 | |
| 541 | + | fact that such repairs are made after the expiration of the applicable 438 | |
| 542 | + | period. 439 | |
| 543 | + | (c) No consumer shall be required to notify the manufacturer of a 440 | |
| 544 | + | claim under this section and sections 42-181 to 42-184, inclusive, unless 441 | |
| 545 | + | the manufacturer has clearly and conspicuously disclosed to the 442 | |
| 546 | + | consumer, in the warranty or owner's manual, that written notification 443 | |
| 547 | + | of the nonconformity is required before the consumer may be eligible 444 | |
| 548 | + | for a refund or replacement of the vehicle. The manufacturer shall 445 | |
| 549 | + | include with the warranty or owner's manual the name and address to 446 | |
| 550 | + | which the consumer shall send such written notification. 447 | |
| 551 | + | (d) (1) If the manufacturer or its agents or authorized dealers are 448 | |
| 552 | + | unable to conform the motor vehicle to any applicable express warranty 449 | |
| 553 | + | by repairing or correcting any defect or condition which substantially 450 | |
| 554 | + | impairs the use, safety or value of the motor vehicle to the consumer 451 | |
| 555 | + | after a reasonable number of attempts, the manufacturer shall replace 452 | |
| 556 | + | the motor vehicle with a new motor vehicle acceptable to the consumer, 453 | |
| 557 | + | or accept return of the vehicle from the consumer and refund to the 454 | |
| 558 | + | consumer, lessor and lienholder, if any, as their interests may appear, 455 | |
| 559 | + | the following: [(1)] (A) The full contract price, including, but not limited 456 | |
| 560 | + | to, charges for undercoating, dealer preparation and transportation and 457 | |
| 561 | + | installed options; [, (2)] (B) all collateral charges, including but not 458 | |
| 562 | + | limited to, sales tax, license and registration fees, and similar 459 | |
| 563 | + | government charges; [, (3)] (C) all finance charges incurred by the 460 | |
| 564 | + | consumer after he first reports the nonconformity to the manufacturer, 461 | |
| 565 | + | agent or dealer and during any subsequent period when the vehicle is 462 | |
| 566 | + | out of service by reason of repair; [,] and [(4)] (D) all incidental damages, 463 | |
| 567 | + | if applicable, less a reasonable allowance for the consumer's use of the 464 | |
| 568 | + | vehicle. 465 Substitute Bill No. 5148 | |
| 569 | + | ||
| 570 | + | ||
| 571 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148- | |
| 572 | + | R01-HB.docx } | |
| 573 | + | 16 of 20 | |
| 574 | + | ||
| 575 | + | (2) [Incidental] For the purposes of this subsection, incidental 466 | |
| 576 | + | damages include, but are not limited to, compensation for any 467 | |
| 577 | + | commercially reasonable charges or expenses with respect to: (A) 468 | |
| 578 | + | Inspection, receipt, transportation, care or custody of the motor vehicle; 469 | |
| 579 | + | [,] (B) covering, returning or disposing of the motor vehicle; [,] (C) 470 | |
| 580 | + | reasonable efforts to minimize or avoid the consequences of financial 471 | |
| 581 | + | default related to the motor vehicle; [,] and (D) effectuating other 472 | |
| 582 | + | remedies after a defect or condition that substantially impaired the 473 | |
| 583 | + | motor vehicle has been reported to a dealership or manufacturer. 474 | |
| 584 | + | (3) No authorized dealer shall be held liable by the manufacturer for 475 | |
| 585 | + | any refunds or vehicle replacements in the absence of evidence 476 | |
| 586 | + | indicating that dealership repairs have been carried out in a manner 477 | |
| 587 | + | inconsistent with the manufacturers' instructions. Refunds or 478 | |
| 588 | + | replacements shall be made to the consumer, lessor and lienholder if 479 | |
| 589 | + | any, as their interests may appear. A reasonable allowance for use shall 480 | |
| 590 | + | be that amount obtained by multiplying the total contract price of the 481 | |
| 591 | + | vehicle by a fraction having as its denominator one hundred twenty 482 | |
| 592 | + | thousand and having as its numerator the number of miles that the 483 | |
| 593 | + | vehicle traveled prior to the manufacturer's acceptance of its return. 484 | |
| 594 | + | (4) It shall be an affirmative defense to any claim under this section 485 | |
| 595 | + | [(i) that an] that: (A) An alleged nonconformity does not substantially 486 | |
| 596 | + | impair such use, safety or value; [, or (ii) that] or (B) a nonconformity is 487 | |
| 597 | + | the result of abuse, neglect or unauthorized modifications or alterations 488 | |
| 598 | + | of a motor vehicle by a consumer. 489 | |
| 599 | + | (e) (1) It shall be presumed that a reasonable number of attempts have 490 | |
| 600 | + | been undertaken to conform a motor vehicle to the applicable express 491 | |
| 601 | + | warranties, if: [(1) the] (A) The same nonconformity has been subject to 492 | |
| 602 | + | repair four or more times by the manufacturer or its agents or 493 | |
| 603 | + | authorized dealers during the period of two years following the date of 494 | |
| 604 | + | original delivery of the motor vehicle to a consumer or during the period 495 | |
| 605 | + | of the first twenty-four thousand miles of operation, whichever period 496 | |
| 606 | + | ends first, but such nonconformity continues to exist; [,] or [(2)] (B) the 497 | |
| 607 | + | vehicle is out of service by reason of repair for a cumulative total of 498 Substitute Bill No. 5148 | |
| 608 | + | ||
| 609 | + | ||
| 610 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148- | |
| 611 | + | R01-HB.docx } | |
| 612 | + | 17 of 20 | |
| 613 | + | ||
| 614 | + | thirty or more calendar days during the applicable period, determined 499 | |
| 615 | + | pursuant to [subdivision (1) of this subsection] subparagraph (A) of this 500 | |
| 616 | + | subdivision. 501 | |
| 617 | + | (2) [Such] The two-year period and [such] thirty-day period set forth 502 | |
| 618 | + | in subdivision (1) of this subsection shall be extended by any period of 503 | |
| 619 | + | time during which repair services are not available to the consumer 504 | |
| 620 | + | because of a war, invasion, strike or fire, flood or other natural disaster. 505 | |
| 621 | + | (3) No claim shall be made under this section unless at least one 506 | |
| 622 | + | attempt to repair a nonconformity has been made by the manufacturer 507 | |
| 623 | + | or its agent or an authorized dealer or unless such manufacturer, its 508 | |
| 624 | + | agent or an authorized dealer has refused to attempt to repair such 509 | |
| 625 | + | nonconformity. 510 | |
| 626 | + | (f) If a motor vehicle has a nonconformity which results in a condition 511 | |
| 627 | + | which is likely to cause death or serious bodily injury if the vehicle is 512 | |
| 628 | + | driven, it shall be presumed that a reasonable number of attempts have 513 | |
| 629 | + | been undertaken to conform such vehicle to the applicable express 514 | |
| 630 | + | warranties if the nonconformity has been subject to repair at least twice 515 | |
| 631 | + | by the manufacturer or its agents or authorized dealers within the 516 | |
| 632 | + | express warranty term or during the period of one year following the 517 | |
| 633 | + | date of the original delivery of the motor vehicle to a consumer, 518 | |
| 634 | + | whichever period ends first, but such nonconformity continues to exist. 519 | |
| 635 | + | The term of an express warranty and such one-year period shall be 520 | |
| 636 | + | extended by any period of time during which repair services are not 521 | |
| 637 | + | available to the consumer because of war, invasion, strike or fire, flood 522 | |
| 638 | + | or other natural disaster. 523 | |
| 639 | + | (g) (1) No motor vehicle which is returned to any person pursuant to 524 | |
| 640 | + | any provision of this chapter or in settlement of any dispute related to 525 | |
| 641 | + | any complaint made under the provisions of this chapter and which 526 | |
| 642 | + | requires replacement or refund shall be resold, transferred or leased in 527 | |
| 643 | + | the state without clear and conspicuous written disclosure of the fact 528 | |
| 644 | + | that such motor vehicle was so returned prior to resale or lease. Such 529 | |
| 645 | + | disclosure shall be affixed to the motor vehicle and shall be included in 530 Substitute Bill No. 5148 | |
| 646 | + | ||
| 647 | + | ||
| 648 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148- | |
| 649 | + | R01-HB.docx } | |
| 650 | + | 18 of 20 | |
| 651 | + | ||
| 652 | + | any contract for sale or lease. The Commissioner of Motor Vehicles shall, 531 | |
| 653 | + | by regulations adopted in accordance with the provisions of chapter 54, 532 | |
| 654 | + | prescribe the form and content of any such disclosure statement and 533 | |
| 655 | + | establish provisions by which the commissioner may remove such 534 | |
| 656 | + | written disclosure after such time as the commissioner may determine 535 | |
| 657 | + | that such motor vehicle is no longer defective. 536 | |
| 658 | + | (2) For any motor vehicle subject to a complaint made under the 537 | |
| 659 | + | provisions of this chapter, if a manufacturer accepts the return of a 538 | |
| 660 | + | motor vehicle or compensates any person who accepts the return of a 539 | |
| 661 | + | motor vehicle, whether the return is pursuant to an arbitration award or 540 | |
| 662 | + | settlement, such manufacturer shall stamp the words 541 | |
| 663 | + | "MANUFACTURER BUYBACK -LEMON" clearly and conspicuously 542 | |
| 664 | + | on the face of the original title in letters at least one-quarter inch high 543 | |
| 665 | + | and, not later than thirty days after receipt of the title, shall submit a 544 | |
| 666 | + | copy of the stamped title to the Department of Motor Vehicles. The 545 | |
| 667 | + | Department of Motor Vehicles shall maintain a listing of such buyback 546 | |
| 668 | + | vehicles and in the case of any request for a title for a buyback vehicle, 547 | |
| 669 | + | shall cause the words "MANUFACTURER BUYBACK -LEMON" to 548 | |
| 670 | + | appear clearly and conspicuously on the face of the new title in letters 549 | |
| 671 | + | which are at least one-quarter inch high. Any person who applies for a 550 | |
| 672 | + | title shall disclose to the department the fact that such vehicle was 551 | |
| 673 | + | returned as set forth in this subsection. 552 | |
| 674 | + | (3) If a manufacturer accepts the return of a motor vehicle from a 553 | |
| 675 | + | consumer due to a nonconformity or defect, in exchange for a refund or 554 | |
| 676 | + | a replacement vehicle, whether as a result of an administrative or 555 | |
| 677 | + | judicial determination, an arbitration proceeding or a voluntary 556 | |
| 678 | + | settlement, the manufacturer shall notify the Department of Motor 557 | |
| 679 | + | Vehicles and shall provide the department with all relevant information, 558 | |
| 680 | + | including the year, make, model, vehicle identification number and 559 | |
| 681 | + | prior title number of the vehicle. Such manufacturer shall stamp the 560 | |
| 682 | + | words "MANUFACTURER BUYBACK -LEMON" clearly and 561 | |
| 683 | + | conspicuously on the face of the original title in letters at least one-562 | |
| 684 | + | quarter-inch high, and, not later than thirty days after receipt of the title, 563 Substitute Bill No. 5148 | |
| 685 | + | ||
| 686 | + | ||
| 687 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148- | |
| 688 | + | R01-HB.docx } | |
| 689 | + | 19 of 20 | |
| 690 | + | ||
| 691 | + | shall submit a copy of the stamped title to the Department of Motor 564 | |
| 692 | + | Vehicles. The Commissioner of Motor Vehicles shall adopt regulations 565 | |
| 693 | + | in accordance with chapter 54 specifying the format and time period in 566 | |
| 694 | + | which such information shall be provided and the nature of any 567 | |
| 695 | + | additional information which the commissioner may require. 568 | |
| 696 | + | (4) The provisions of this subsection shall apply to motor vehicles 569 | |
| 697 | + | originally returned in another state from a consumer due to a 570 | |
| 698 | + | nonconformity or defect in exchange for a refund or replacement vehicle 571 | |
| 699 | + | and which a lessor or transferor with actual knowledge subsequently 572 | |
| 700 | + | sells, transfers or leases in this state. 573 | |
| 701 | + | (5) If a manufacturer fails to stamp a title as required by this 574 | |
| 702 | + | subsection within thirty days of receipt of the title, the Department of 575 | |
| 703 | + | Consumer Protection may impose a fine not to exceed ten thousand 576 | |
| 704 | + | dollars on the manufacturer. Any such fine shall be deposited into the 577 | |
| 705 | + | new automobile warranties account established pursuant to section 42-578 | |
| 706 | + | 190. A manufacturer that is aggrieved by a fine imposed pursuant to this 579 | |
| 707 | + | subsection may, within ten days of receipt of written notice of such fine 580 | |
| 708 | + | from the department, request, in writing, a hearing. The department 581 | |
| 709 | + | shall, upon the receipt of all documentation necessary to evaluate the 582 | |
| 710 | + | request, determine whether circumstances beyond the manufacturer's 583 | |
| 711 | + | control prevented performance, and may conduct a hearing pursuant to 584 | |
| 712 | + | chapter 54, if appropriate. 585 | |
| 713 | + | (h) All express and implied warranties arising from the sale of a new 586 | |
| 714 | + | motor vehicle shall be subject to the provisions of part 3 of article 2 of 587 | |
| 715 | + | title 42a. 588 | |
| 716 | + | (i) Nothing in this section shall in any way limit the rights or remedies 589 | |
| 717 | + | which are otherwise available to a consumer under any other law. 590 | |
| 718 | + | (j) If a manufacturer has established an informal dispute settlement 591 | |
| 719 | + | procedure which is certified by the Attorney General as complying in 592 | |
| 720 | + | all respects with the provisions of Title 16 Code of Federal Regulations 593 | |
| 721 | + | Part 703, as in effect on October 1, 1982, and with the provisions of 594 Substitute Bill No. 5148 | |
| 722 | + | ||
| 723 | + | ||
| 724 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05148- | |
| 725 | + | R01-HB.docx } | |
| 726 | + | 20 of 20 | |
| 727 | + | ||
| 728 | + | subsection (b) of section 42-182, the provisions of subsection (d) of this 595 | |
| 729 | + | section concerning refunds or replacement shall not apply to any 596 | |
| 730 | + | consumer who has not first resorted to such procedure. 597 | |
| 731 | + | (k) The Commissioner of Consumer Protection may adopt 598 | |
| 732 | + | regulations, in accordance with the provisions of chapter 54, to 599 | |
| 733 | + | implement the provisions of this section. 600 | |
| 734 | + | This act shall take effect as follows and shall amend the following | |
| 735 | + | sections: | |
| 736 | + | ||
| 737 | + | Section 1 July 1, 2022 42-159 | |
| 738 | + | Sec. 2 July 1, 2022 42-160 | |
| 739 | + | Sec. 3 July 1, 2022 42-161(b) | |
| 740 | + | Sec. 4 July 1, 2022 42-163 | |
| 741 | + | Sec. 5 July 1, 2022 42-164 | |
| 742 | + | Sec. 6 July 1, 2022 20-432(g) | |
| 743 | + | Sec. 7 October 1, 2022 20-691(b) | |
| 744 | + | Sec. 8 October 1, 2022 21-71(d) | |
| 745 | + | Sec. 9 October 1, 2022 21a-420(21) | |
| 746 | + | Sec. 10 October 1, 2022 21a-420z(e) | |
| 747 | + | Sec. 11 October 1, 2022 29-143b(b) | |
| 748 | + | Sec. 12 October 1, 2022 30-37f(a) | |
| 749 | + | Sec. 13 October 1, 2022 30-48(b) | |
| 750 | + | Sec. 14 October 1, 2022 42-179 | |
| 751 | + | ||
| 752 | + | GL Joint Favorable Subst. | |
| 728 | 753 |