Substitute House Bill No. 5148
Public Act No. 22-70
AN ACT CONCERNING SELF -SERVICE STORAGE FACILITIES AND
REVISIONS TO CERTAIN STATUTES CONCERNING CONSUMER
PROTECTION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 42-159 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2022):
As used in this chapter:
(1) "Default" means failure to perform any obligation or duty
imposed by a rental agreement or by this chapter.
(2) "Last-known address" means a postal or electronic address
provided by the occupant in the latest rental agreement or a postal or
electronic address provided by the occupant in a subsequent written
notice of a change of address.
(3) "Occupant" means a person, or the sublessee, successor or
assignee of a person, entitled to the use of a storage unit at a self-service
storage facility under a rental agreement, to the exclusion of others.
(4) "Owner" means the owner, operator, lessor or sublessor of a self-
service storage facility, an agent of such owner, operator, lessor or Substitute House Bill No. 5148
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sublessor or any other person authorized by such owner, operator,
lessor or sublessor to manage the facility or receive rent from an
occupant under a rental agreement.
(5) "Personal property" means movable property not affixed to land
and includes, but is not limited to, goods, merchandise, household items
and motor vehicles.
(6) "Rental agreement" means any written agreement or lease that
establishes or modifies the terms, conditions, rules or any other
provisions concerning the use and occupancy of a unit in a self-service
storage facility.
[(1)] (7) "Self-service storage facility" means any real property
designed and used for the renting or leasing of individual self-contained
units of storage space to occupants who are to have access to such units
for storing and removing personal property only, and not for residential
purposes. A self-service storage facility and an owner are not a
warehouse, as defined in section 42a-7-102, except that if an owner
issues a document of title, as defined in section 42a-1-201, for the
personal property stored, the owner and the occupant are subject to the
provisions of article 7 of the Uniform Commercial Code and the
provisions of this chapter do not apply.
[(2) "Owner" means the owner, operator, lessor, or sublessor of a self-
service storage facility, his or her agent, or any other person authorized
by him or her to manage the facility or to receive rent from an occupant
under a rental agreement.
(3) "Occupant" means a person, or the sublessee, successor, or
assignee of a person, entitled to the use of a storage unit at a self-service
storage facility under a rental agreement, to the exclusion of others.
(4) "Rental agreement" means any written agreement or lease that
establishes or modifies the terms, conditions, rules or any other Substitute House Bill No. 5148
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provisions concerning the use and occupancy of a unit in a self-service
storage facility.
(5) "Personal property" means movable property not affixed to land
and includes, but is not limited to, goods, merchandise, household items
and motor vehicles.
(6) "Last-known address" means a postal or electronic address
provided by the occupant in the latest rental agreement or a postal or
electronic address provided by the occupant in a subsequent written
notice of a change of address.
(7) "Default" means failure to perform any obligation or duty
imposed by a rental agreement or by this chapter.]
Sec. 2. Section 42-160 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2022):
(a) The owner of a self-service storage facility shall have a lien upon
all personal property located at such facility for (1) the amounts of any
rent, labor or other valid charges incurred in relation to such personal
property, [for] (2) any valid expenses incurred in the necessary
preservation of such personal property, and [for] (3) any expenses
reasonably incurred in the sale or other disposition of such personal
property pursuant to law. Such lien attaches on the date of default by
the occupant. Notwithstanding the provisions of section 42a-9-333, such
lien shall not have priority over a lien or security interest which has
attached or been perfected prior to such default.
(b) If such personal property is a motor vehicle, the owner of a self-
service storage facility shall contact the Department of Motor Vehicles
in such manner as the commissioner shall prescribe for the purposes of
determining the existence and identity of any lienholder and the name
and address of the owner of the motor vehicle, as shown in the records
of the department. The owner of a self-storage facility shall send a Substitute House Bill No. 5148
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written notice to the Commissioner of Motor Vehicles stating (1) the
vehicle identification number of such motor vehicle, (2) the date such
motor vehicle was left with the owner of such storage facility, (3) the
date of default by the occupant, (4) the amount for which a lien is
claimed, (5) the registration thereof if any number plates are on the
motor vehicle, and (6) the name of the vehicle's owner and the name of
the occupant who defaulted, and shall enclose a fee of ten dollars. Such
notice shall be placed on file by the Commissioner of Motor Vehicles
and be open to public inspection. Within ten days of receipt of such
information concerning any lienholder and the owner of such motor
vehicle, as shown in said department's records, the owner of such self-
service storage facility shall send a written notice to any such lienholder
and to the owner, if such owner is not the occupant, by postage paid
registered or certified letter, return receipt requested, stating that such
motor vehicle (A) is being held by such facility owner, and (B) has a lien
attached pursuant to this chapter. Any sale of a motor vehicle under the
provisions of this section shall be void unless the written notice to the
commissioner required by this subsection has been given.
(c) The Commissioner of Motor Vehicles shall adopt regulations, in
accordance with the provisions of chapter 54, [(1)] to (1) specify the
circumstances under which title to any motor vehicle abandoned at a
self-storage facility may be transferred, and (2) [to] establish a procedure
whereby the owner of a self-storage facility may obtain title to such
motor vehicle.
(d) If such personal property is a vessel, the owner of a self-service
storage facility shall follow the requirements of sections 49-55 to 49-59,
inclusive.
(e) If such personal property is a motor vehicle, vessel or trailer, and
any rent, labor or other valid charges incurred in relation to such
personal property remains unpaid or unsatisfied for at least sixty days,
the owner of a self-service storage facility may have such personal Substitute House Bill No. 5148
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property towed from the self-service storage facility by an insured
tower. Any owner that complies with the provisions of this subsection
need not comply with the provisions of subsections (b) to (d), inclusive,
of this section.
Sec. 3. Subsection (b) of section 42-161 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2022):
(b) The owner shall notify the occupant and any person who has filed
in such occupant's name a valid security interest in such property with
the Secretary of the State of [his or her] such owner's intention to satisfy
the lien with a written notice which shall be delivered in person or sent
by electronic mail or by registered or certified mail, [return receipt
requested] with a unique tracking number assigned by the United States
Postal Service, to the last-known address of the occupant. If the owner
sends notice by electronic mail to the occupant, a statement shall be
included in such electronic mail, indicating that opening of such
electronic mail is acceptance of such notice by the occupant pursuant to
this section.
Sec. 4. Section 42-163 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2022):
Any sale or other disposition of the personal property of the occupant
shall conform to the terms of the notice as provided in section 42-162, as
amended by this act, and shall be held (1) at the self-service storage
facility, [or] (2) at the nearest suitable place convenient to where such
personal property is stored or held, or (3) online.
Sec. 5. Section 42-164 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2022):
(a) After the expiration of the time given in the notice for the occupant
to pay the amount due, if the owner wishes, [he] the owner may [place Substitute House Bill No. 5148
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an advertisement of] advertise the sale or other disposition of the
personal property in [a] any print or online newspaper of [substantial]
general circulation in the municipality where the self-service storage
facility is located or on any publicly accessible, independent Internet
web site that regularly conducts online auctions of personal property.
Such advertisement shall be published at least [twice] once within a
period not less than ten days preceding the date of such sale or other
disposition. The advertisement shall include: (1) A description of the
personal property subject to the lien according to the requirements of
section 42-162, as amended by this act; (2) the name of the occupant, the
address of the self-service storage facility, the unit number, if any, of the
storage space where the personal property is located; and (3) the time,
place and manner of the sale or other disposition.
(b) Such sale or other disposition of the personal property shall not
take place sooner than ten days after [the first] publication of the
advertisement nor sixty days after the date of default.
[(c) If there is no newspaper of substantial circulation in the
municipality in which the self-service storage facility is located, the
advertisement shall be posted at least ten days before the date of the sale
or other disposition of the personal property in not less than six
conspicuous places in the neighborhood where the self-service storage
facility is located.]
[(d)] (c) The proceeds of a sale under this section shall be allocated to
pay the expenses of such sale, then to the holder of any lien or security
interest having priority over that of such owner, then to the owner.
Sec. 6. Subsection (g) of section 20-432 of the 2022 supplement to the
general statutes, as amended by section 8 of public act 21-197, is
repealed and the following is substituted in lieu thereof (Effective July 1,
2022): Substitute House Bill No. 5148
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(g) Before the commissioner may issue any order directing payment
out of the guaranty fund to an owner pursuant to [subsections]
subsection (e) or (f) of this section, the commissioner shall first notify the
contractor of the owner's application for an order directing payment out
of the guaranty fund and of the contractor's right to a hearing to contest
the disbursement in the event that the contractor has already paid the
owner or is complying with a payment schedule in accordance with a
court judgment, order or decree. Such notice shall be given to the
contractor not later than fifteen days after receipt by the commissioner
of the owner's application for an order directing payment out of the
guaranty fund. If the contractor requests a hearing, in writing, by
certified mail not later than fifteen days after receiving the notice from
the commissioner, the commissioner shall grant such request and shall
conduct a hearing in accordance with the provisions of chapter 54. If the
commissioner does not receive a request by certified mail from the
contractor for a hearing not later than fifteen days after the contractor's
receipt of such notice, the commissioner shall determine that the owner
has not been paid, and the commissioner shall issue an order directing
payment out of the guaranty fund for the amount unpaid upon the
judgment, order or decree for actual damages and costs taxed by the
court against the contractor, exclusive of punitive damages, or for the
amount unpaid upon the order of restitution.
Sec. 7. Subsection (b) of section 20-691 of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(b) (1) A person seeking registration as a locksmith shall apply to the
commissioner on a form provided by the commissioner. The application
shall include the applicant's name, residence address, business address,
business telephone number, a question as to whether the applicant has
been convicted of a felony in any state or jurisdiction, and such other
information as the commissioner may require. The applicant shall Substitute House Bill No. 5148
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submit to a request by the commissioner for a state and national criminal
history records check conducted in accordance with the provisions of
section 29-17a. No registration shall be issued unless the commissioner
has received the results of [a] such records check. In accordance with the
provisions of section 46a-80 and after a hearing held pursuant to chapter
54, the commissioner may revoke, refuse to issue or refuse to renew a
registration when an applicant's criminal history records check reveals
the applicant has been convicted of a crime of dishonesty, fraud, theft,
assault, other violent offense or a crime related to the performance of
locksmithing.
(2) The application fee for registration as a locksmith and the biennial
renewal fee for such registration shall be two hundred dollars.
(3) The department shall establish and maintain a registry of
locksmiths. The registry shall contain the names and addresses of
registered locksmiths and such other information as the commissioner
may require. Such registry shall be updated at least annually by the
department, be made available to the public upon request and be
published on the department's Internet web site.
(4) No person shall engage in locksmithing, use the title locksmith or
display or use any words, letters, figures, title, advertisement or other
method to indicate said person is a locksmith unless such person has
obtained a registration as provided in this section.
(5) The following persons shall be exempt from registration as a
locksmith, but only if the person performing the service does not hold
himself or herself out to the public as a locksmith: (A) Persons employed
by a state, municipality or other political subdivision, or by any agency
or department of the government of the United States, acting in their
official capacity; (B) automobile service dealers who service, install,
repair or rebuild automobile locks; (C) retail merchants selling locks or
similar security accessories or installing, programming, repairing, Substitute House Bill No. 5148
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maintaining, reprogramming, rebuilding or servicing electronic garage
door devices; (D) members of the building trades who install or remove
complete locks or locking devices in the course of residential or
commercial new construction or remodeling; (E) employees of towing
services [,] or repossessors, or [an] employees or representatives of
automobile [club representative or employee opening] clubs, who open
automotive locks in the normal course of [his or her] their business. The
provisions of this section shall not prohibit an employee of a towing
service from opening motor vehicles to enable a vehicle to be moved
without towing, provided the towing service does not hold itself out to
the public, by directory advertisement, through a sign at the facilities of
the towing service or by any other form of advertisement, as a
locksmith; (F) students in a course of study in locksmith programs
approved by the department; (G) warranty services by a lock
manufacturer or its employees on the manufacturer's own products; (H)
maintenance employees of a property owner or property management
companies at multifamily residential buildings, who service, install,
repair or open locks for tenants; (I) persons employed as security
personnel at schools or institutions of higher education who open locks
while acting in the course of their employment; and (J) persons who
service, install or repair electronic locks, access control devices or other
similar locking devices that connect to an electronic security system,
provided such persons maintain an electrical contractor or
journeyperson licensed to perform such work as required pursuant to
chapter 393.
Sec. 8. Subsection (d) of section 21-71 of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(d) The department may issue an order to any owner determined to
be in violation of any provision of this chapter or any regulation issued
under this section after an inspection of a mobile manufactured home Substitute House Bill No. 5148
Public Act No. 22-70 10 of 22
park, providing for the immediate discontinuance of the violation or
timely remediation of such violation. Any owner of a mobile
manufactured home park who fails to comply with any orders
contained in a notice of violation resulting from a reinspection of such
park not later than thirty days after [of] issuance of such notice,
including confirmation of active licensure, shall be fined five hundred
dollars per violation and shall follow the procedures specified in section
51-164n.
Sec. 9. Subdivision (21) of section 21a-420 of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(21) "Equity" and "equitable" means efforts, regulations, policies,
programs, standards, processes and any other functions of government
or principles of law and governance intended to: (A) Identify and
remedy past and present patterns of discrimination and disparities of
race, ethnicity, gender and sexual orientation; (B) ensure that such
patterns of discrimination and disparities, whether intentional or
unintentional, are neither reinforced nor perpetuated; and (C) prevent
the emergence and persistence of foreseeable future patterns of
discrimination or disparities of race, ethnicity, gender [,] and sexual
orientation;
Sec. 10. Subsection (e) of section 21a-420z of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(e) The commissioner shall adopt regulations, in accordance with
chapter 54, to implement the provisions of RERACA. Notwithstanding
the requirements of sections 4-168 to 4-172, inclusive, in order to
effectuate the purposes of RERACA and protect public health and
safety, prior to adopting such regulations the commissioner shall issue
policies and procedures to implement the provisions of this section that Substitute House Bill No. 5148
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shall have the force and effect of law. The commissioner shall post all
policies and procedures on the department's Internet web site, and
submit such policies and procedures to the Secretary of the State for
posting on the eRegulations System, at least fifteen days prior to the
effective date of any policy or procedure. Any such policy or procedure
shall no longer be effective upon the earlier of either adoption of such
policy or procedure as a final regulation under section 4-172 or forty-
eight months from July 1, 2021, if such final regulations have not been
submitted to the legislative regulation review committee for
consideration under section 4-170. The commissioner shall issue policies
and procedures, and thereafter adopt final regulations, requiring that:
(1) The delivery service and transporter meet certain security
requirements related to the storage, handling and transport of cannabis,
the vehicles employed, the conduct of employees and agents, and the
documentation that shall be maintained by the delivery service,
transporter and its drivers; (2) a delivery service that delivers cannabis
to consumers maintain an online interface that verifies the age of
consumers ordering cannabis for delivery and meets certain
specifications and data security standards; and (3) a delivery service that
delivers cannabis to consumers, qualifying patients or caregivers, and
all employees and agents of such licensee, to verify the identity of the
qualifying patient, caregiver or consumer and the age of the consumer
upon delivery of cannabis to the end consumer, qualifying patient [,] or
caregiver, in a manner acceptable to the commissioner. The individual
placing the cannabis order shall be the individual accepting delivery of
the cannabis except, in the case of a qualifying patient, the individual
accepting the delivery may be the caregiver of such qualifying patient.
Sec. 11. Subsection (b) of section 29-143b of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(b) Nothing in section 29-133 or 29-136 shall be construed to preclude Substitute House Bill No. 5148
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the hiring of certified lifeguards under the age of eighteen to oversee
aquatic rides and devices such as pools, water slides, lazy rivers [,] or
interactive aquatic play devices, provided an adult of at least eighteen
years of age who is trained in normal operating and emergency
procedures supervises the area containing such aquatic rides or devices.
Sec. 12. Subsection (a) of section 30-37f of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(a) Notwithstanding the provisions of any general statute or
regulation to the contrary, (1) the state of Connecticut, as owner or lessor
of premises at Bradley International Airport, shall be permitted to enter
into an arrangement with any concessionaire or lessee holding a permit
or permits at Bradley International Airport, and receive payments from
such concessionaire or lessee, without regard to the level or percentage
of gross receipts from the gross sales of alcoholic liquor by such
concessionaire or lessee; (2) any person may be a permittee for more
than one cafe permit issued pursuant to subsection (d) of section 30-22a;
and (3) any area subject to a permit in Bradley International Airport that
is contiguous to or within any concourse area shall not be required to
provide a single point of egress or ingress or to effectively separate the
bar area or any dining area from the concourse area by means of
partitions, fences [,] or doors, provided that a permittee of such area may
be required by the Department of Consumer Protection to provide a
barrier to separate the back bar area from the concourse area to prevent
public access to the portion of the back bar area from which liquor is
dispensed, if physically practicable.
Sec. 13. Subsection (b) of section 30-48 of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(b) No permittee or backer thereof and no employee or agent of such Substitute House Bill No. 5148
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permittee or backer shall borrow money or receive credit in any form
for a period in excess of thirty days, directly or indirectly, from any
manufacturer permittee, or backer thereof, or from any wholesaler
permittee, or backer thereof, of alcoholic liquor or from any member of
the family of such manufacturer permittee or backer thereof or from any
stockholder in a corporation manufacturing or wholesaling such liquor,
and no manufacturer permittee or backer thereof or wholesaler
permittee or backer thereof or member of the family of either of such
permittees or of any such backer, and no stockholder of a corporation
manufacturing or wholesaling such liquor shall lend money or
otherwise extend credit, directly or indirectly, to any such permittee or
backer thereof or to the employee or agent of any such permittee or
backer. A wholesaler permittee or backer, or a manufacturer permittee
or backer, that has not received payment in full from a retailer permittee
or backer within thirty days after the date such credit was extended to
such retailer or backer or to an employee or agent of any such retailer or
backer, shall give a written notice of obligation to such retailer within
the five days following the expiration of the thirty-day period of credit.
The notice of obligation shall state: The amount due; the date credit was
extended; the date the thirty-day period ended; [,] and that the retailer
is in violation of this section. A retailer who disputes the accuracy of the
"notice of obligation" shall, within the ten days following the expiration
of the thirty-day period of credit, give a written response to notice of
obligation to the department and give a copy to the wholesaler or
manufacturer who sent the notice. The response shall state the retailer's
basis for dispute and the amount, if any, admitted to be owed for more
than thirty days; the copy forwarded to the wholesaler or manufacturer
shall be accompanied by the amount admitted to be due, if any, and
such payment shall be made and received without prejudice to the
rights of either party in any civil action. Upon receipt of the retailer's
response, the chairman of the commission or such chairman's designee
shall conduct an informal hearing with the parties being given equal
opportunity to appear and be heard. If the chairman or such chairman's Substitute House Bill No. 5148
Public Act No. 22-70 14 of 22
designee determines that the notice of obligation is accurate, the
department shall forthwith issue an order directing the wholesaler or
manufacturer to promptly give all manufacturers and wholesalers
engaged in the business of selling alcoholic liquor to retailers in this
state, a "notice of delinquency". The notice of delinquency shall identify
the delinquent retailer, and state the amount due and the date of the
expiration of the thirty-day credit period. No wholesaler or
manufacturer receiving a notice of delinquency shall extend credit by
the sale of alcoholic liquor or otherwise to such delinquent retailer until
after the manufacturer or wholesaler has received a "notice of
satisfaction" from the sender of the notice of delinquency. If the
chairman or such chairman's designee determines that the notice of
obligation is inaccurate, the department shall forthwith issue an order
prohibiting a notice of delinquency. The party for whom the
determination by the chairman or such chairman's designee was
adverse, shall promptly pay to the department a part of the cost of the
proceedings as determined by the chairman or such chairman's
designee, which shall not be less than fifty dollars. The department may
suspend or revoke the permit of any permittee who, in bad faith, gives
an incorrect notice of obligation, an incorrect response to notice of
obligation, or an unauthorized notice of delinquency. If the department
does not receive a response to the notice of obligation within such ten-
day period, the delinquency shall be deemed to be admitted and the
wholesaler or manufacturer who sent the notice of obligation shall,
within the three days following the expiration of such ten-day period,
give a notice of delinquency to the department and to all wholesalers
and manufacturers engaged in the business of selling alcoholic liquor to
retailers in this state. A notice of delinquency identifying a retailer who
does not file a response within such ten-day period shall have the same
effect as a notice of delinquency given by order of the chairman or such
chairman's designee. A wholesaler permittee or manufacturer permittee
that has given a notice of delinquency and that receives full payment for
the credit extended, shall, within three days after the date of full Substitute House Bill No. 5148
Public Act No. 22-70 15 of 22
payment, give a notice of satisfaction to the department and to all
wholesalers and manufacturers to whom a notice of delinquency was
sent. The prohibition against extension of credit to such retailer shall be
void upon such full payment. The department may revoke or suspend
any permit for a violation of this section. An appeal from an order of
revocation or suspension issued in accordance with this section may be
taken in accordance with section 30-60.
Sec. 14. Section 42-179 of the 2022 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective
October 1, 2022):
(a) As used in this chapter:
(1) "Consumer" means the purchaser, other than for purposes of
resale, of a motor vehicle, a lessee of a motor vehicle, any person to
whom such motor vehicle is transferred during the duration of an
express warranty applicable to such motor vehicle, and any person
entitled by the terms of such warranty to enforce the obligations of the
warranty; and
(2) ["motor vehicle"] "Motor vehicle" means a passenger motor
vehicle, a passenger and commercial motor vehicle or a motorcycle, as
defined in section 14-1, which is sold or leased in this state.
(b) If a new motor vehicle does not conform to all applicable express
warranties, and the consumer reports the nonconformity to the
manufacturer, its agent or its authorized dealer during the period of two
years following the date of original delivery of the motor vehicle to a
consumer or during the period of the first twenty-four thousand miles
of operation, whichever period ends first, the manufacturer, its agent or
its authorized dealer shall make such repairs as are necessary to
conform the vehicle to such express warranties, notwithstanding the
fact that such repairs are made after the expiration of the applicable Substitute House Bill No. 5148
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period.
(c) No consumer shall be required to notify the manufacturer of a
claim under this section and sections 42-181 to 42-184, inclusive, unless
the manufacturer has clearly and conspicuously disclosed to the
consumer, in the warranty or owner's manual, that written notification
of the nonconformity is required before the consumer may be eligible
for a refund or replacement of the vehicle. The manufacturer shall
include with the warranty or owner's manual the name and address to
which the consumer shall send such written notification.
(d) (1) If the manufacturer or its agents or authorized dealers are
unable to conform the motor vehicle to any applicable express warranty
by repairing or correcting any defect or condition which substantially
impairs the use, safety or value of the motor vehicle to the consumer
after a reasonable number of attempts, the manufacturer shall replace
the motor vehicle with a new motor vehicle acceptable to the consumer,
or accept return of the vehicle from the consumer and refund to the
consumer, lessor and lienholder, if any, as their interests may appear,
the following: [(1)] (A) The full contract price, including, but not limited
to, charges for undercoating, dealer preparation and transportation and
installed options; [, (2)] (B) all collateral charges, including but not
limited to, sales tax, license and registration fees, and similar
government charges; [, (3)] (C) all finance charges incurred by the
consumer after he first reports the nonconformity to the manufacturer,
agent or dealer and during any subsequent period when the vehicle is
out of service by reason of repair; [,] and [(4)] (D) all incidental damages,
if applicable, less a reasonable allowance for the consumer's use of the
vehicle. [Incidental]
(2) For the purposes of this subsection, incidental damages include,
but are not limited to, compensation for any commercially reasonable
charges or expenses with respect to: (A) Inspection, receipt,
transportation, care or custody of the motor vehicle; [,] (B) covering, Substitute House Bill No. 5148
Public Act No. 22-70 17 of 22
returning or disposing of the motor vehicle; [,] (C) reasonable efforts to
minimize or avoid the consequences of financial default related to the
motor vehicle; [,] and (D) effectuating other remedies after a defect or
condition that substantially impaired the motor vehicle has been
reported to a dealership or manufacturer.
(3) No authorized dealer shall be held liable by the manufacturer for
any refunds or vehicle replacements in the absence of evidence
indicating that dealership repairs have been carried out in a manner
inconsistent with the manufacturers' instructions. Refunds or
replacements shall be made to the consumer, lessor and lienholder if
any, as their interests may appear. A reasonable allowance for use shall
be that amount obtained by multiplying the total contract price of the
vehicle by a fraction having as its denominator one hundred twenty
thousand and having as its numerator the number of miles that the
vehicle traveled prior to the manufacturer's acceptance of its return.
(4) It shall be an affirmative defense to any claim under this section
[(i) that an] that: (A) An alleged nonconformity does not substantially
impair such use, safety or value; [, or (ii) that] or (B) a nonconformity is
the result of abuse, neglect or unauthorized modifications or alterations
of a motor vehicle by a consumer.
(e) (1) It shall be presumed that a reasonable number of attempts have
been undertaken to conform a motor vehicle to the applicable express
warranties, if: [(1) the] (A) The same nonconformity has been subject to
repair four or more times by the manufacturer or its agents or
authorized dealers during the period of two years following the date of
original delivery of the motor vehicle to a consumer or during the period
of the first twenty-four thousand miles of operation, whichever period
ends first, but such nonconformity continues to exist; [,] or [(2)] (B) the
vehicle is out of service by reason of repair for a cumulative total of
thirty or more calendar days during the applicable period, determined
pursuant to [subdivision (1) of this subsection.] Such subparagraph (A) Substitute House Bill No. 5148
Public Act No. 22-70 18 of 22
of this subdivision.
(2) The two-year period and [such] thirty-day period set forth in
subdivision (1) of this subsection shall be extended by any period of
time during which repair services are not available to the consumer
because of a war, invasion, strike or fire, flood or other natural disaster.
(3) No claim shall be made under this section unless at least one
attempt to repair a nonconformity has been made by the manufacturer
or its agent or an authorized dealer or unless such manufacturer, its
agent or an authorized dealer has refused to attempt to repair such
nonconformity.
(f) If a motor vehicle has a nonconformity which results in a condition
which is likely to cause death or serious bodily injury if the vehicle is
driven, it shall be presumed that a reasonable number of attempts have
been undertaken to conform such vehicle to the applicable express
warranties if the nonconformity has been subject to repair at least twice
by the manufacturer or its agents or authorized dealers within the
express warranty term or during the period of one year following the
date of the original delivery of the motor vehicle to a consumer,
whichever period ends first, but such nonconformity continues to exist.
The term of an express warranty and such one-year period shall be
extended by any period of time during which repair services are not
available to the consumer because of war, invasion, strike or fire, flood
or other natural disaster.
(g) (1) No motor vehicle which is returned to any person pursuant to
any provision of this chapter or in settlement of any dispute related to
any complaint made under the provisions of this chapter and which
requires replacement or refund shall be resold, transferred or leased in
the state without clear and conspicuous written disclosure of the fact
that such motor vehicle was so returned prior to resale or lease. Such
disclosure shall be affixed to the motor vehicle and shall be included in Substitute House Bill No. 5148
Public Act No. 22-70 19 of 22
any contract for sale or lease. The Commissioner of Motor Vehicles shall,
by regulations adopted in accordance with the provisions of chapter 54,
prescribe the form and content of any such disclosure statement and
establish provisions by which the commissioner may remove such
written disclosure after such time as the commissioner may determine
that such motor vehicle is no longer defective.
(2) For any motor vehicle subject to a complaint made under the
provisions of this chapter, if a manufacturer accepts the return of a
motor vehicle or compensates any person who accepts the return of a
motor vehicle, whether the return is pursuant to an arbitration award or
settlement, such manufacturer shall stamp the word s
"MANUFACTURER BUYBACK -LEMON" clearly and conspicuously
on the face of the original title in letters at least one-quarter inch high
and, not later than thirty days after receipt of the title, shall submit a
copy of the stamped title to the Department of Motor Vehicles. The
Department of Motor Vehicles shall maintain a listing of such buyback
vehicles and in the case of any request for a title for a buyback vehicle,
shall cause the words "MANUFACTURER BUYBACK -LEMON" to
appear clearly and conspicuously on the face of the new title in letters
which are at least one-quarter inch high. Any person who applies for a
title shall disclose to the department the fact that such vehicle was
returned as set forth in this subsection.
(3) If a manufacturer accepts the return of a motor vehicle from a
consumer due to a nonconformity or defect, in exchange for a refund or
a replacement vehicle, whether as a result of an administrative or
judicial determination, an arbitration proceeding or a voluntary
settlement, the manufacturer shall notify the Department of Motor
Vehicles and shall provide the department with all relevant information,
including the year, make, model, vehicle identification number and
prior title number of the vehicle. Such manufacturer shall stamp the
words "MANUFACTURER BUYBACK -LEMON" clearly and Substitute House Bill No. 5148
Public Act No. 22-70 20 of 22
conspicuously on the face of the original title in letters at least one-
quarter-inch high, and, not later than thirty days after receipt of the title,
shall submit a copy of the stamped title to the Department of Motor
Vehicles. The Commissioner of Motor Vehicles shall adopt regulations
in accordance with chapter 54 specifying the format and time period in
which such information shall be provided and the nature of any
additional information which the commissioner may require.
(4) The provisions of this subsection shall apply to motor vehicles
originally returned in another state from a consumer due to a
nonconformity or defect in exchange for a refund or replacement vehicle
and which a lessor or transferor with actual knowledge subsequently
sells, transfers or leases in this state.
(5) If a manufacturer fails to stamp a title as required by this
subsection within thirty days of receipt of the title, the Department of
Consumer Protection may impose a fine not to exceed ten thousand
dollars on the manufacturer. Any such fine shall be deposited into the
new automobile warranties account established pursuant to section 42-
190. A manufacturer that is aggrieved by a fine imposed pursuant to this
subsection may, within ten days of receipt of written notice of such fine
from the department, request, in writing, a hearing. The department
shall, upon the receipt of all documentation necessary to evaluate the
request, determine whether circumstances beyond the manufacturer's
control prevented performance, and may conduct a hearing pursuant to
chapter 54, if appropriate.
(h) All express and implied warranties arising from the sale of a new
motor vehicle shall be subject to the provisions of part 3 of article 2 of
title 42a.
(i) Nothing in this section shall in any way limit the rights or remedies
which are otherwise available to a consumer under any other law. Substitute House Bill No. 5148
Public Act No. 22-70 21 of 22
(j) If a manufacturer has established an informal dispute settlement
procedure which is certified by the Attorney General as complying in
all respects with the provisions of Title 16 Code of Federal Regulations
Part 703, as in effect on October 1, 1982, and with the provisions of
subsection (b) of section 42-182, the provisions of subsection (d) of this
section concerning refunds or replacement shall not apply to any
consumer who has not first resorted to such procedure.
(k) The Commissioner of Consumer Protection may adopt
regulations, in accordance with the provisions of chapter 54, to
implement the provisions of this section.
Sec. 15. Section 42-162 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2022):
The notice required by section 42-161, as amended by this act, shall
contain the following information in plain language and a simple
format: (1) An itemized statement of the owner's claim showing the
amount due at the time of the notice and the date the amount became
due; (2) a description of the personal property subject to the lien
sufficient to permit its identification, except that any container including
but not limited to a trunk, valise or box that is locked, fastened, sealed,
or tied in a manner which hinders immediate access to its contents may
be described as such without describing its contents; (3) a notice of
denial of access to the personal property by the occupant if such denial
is permitted under the terms of the rental agreement, such notice to
provide the name, street address and telephone number of the owner
whom the occupant may contact; (4) a demand for payment within a
conspicuously specified time not less than fourteen days after delivery
of the notice; and (5) a conspicuous statement that unless the amount
due is paid within the sixty days after default the owner will advertise
the personal property for sale or disposition and will sell or otherwise
dispose of such personal property, the date, time and place of such sale
or disposition to be specified in the notice. Substitute House Bill No. 5148
Public Act No. 22-70 22 of 22
Sec. 16. Subsection (a) of section 1-2b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2022):
(a) For purposes of sections 1-100oo, 1-206, 2-71r, 4-176, 4-180, 4-183,
4a-52a, 4a-60q, 4a-63, 4a-100, 4e-34, 4e-35, 7-65, 7-148w, 7-247a, 7-473c,
7-478e, 8-3b, 8-3i, 8-7d, 8-26b, 8-169r, 8-293, 9-388, 9-608, 9-623, 10a-22c,
10a-22i, 10a-34a, 10a-109n, 12-35, 12-157, 12-242ii, 12-242jj, 13a-80, 13a-
123, 15-11a, 16-41, 16-50c, 16-50d, 17a-103b, 19a-87, 19a-87c, 19a-209c,
19a-332e, 19a-343a, 19a-486a, 19a-486c, 19a-486d, 19a-497, 19a-507b, 20-
205a, 20-325a, 21-63, 21-80, 22-7, 22a-6b, 22a-6u, 22a-30, 22a-42d, 22a-42f,
22a-66d, 22a-137, 22a-178, 22a-225, 22a-228, 22a-250, 22a-354p, 22a-354s,
22a-354t, 22a-361, 22a-371, 22a-401, 22a-403, 22a-433, 22a-436, 22a-449f,
22a-449l, 22a-449n, 22a-504, 22a-626, 23-46, 23-65j, 23-651, 23-65p, 25-32,
25-32e, 25-331, 25-34, 25-204, 25-234, 29-108d, 31-57c, 31-57d, 31-355, 32-
613, 33-663, 33-929, 33-1053, 33-1219, 34-521, 35-42, 36a-50, 36a-51, 36a-
52, 36a-53, 36a-82, 36a-184, 36a-493, 36b-62, 36b-72, 38-323a, 38a-344,
38a-676, 38a-724, 38a-788, 42-158j, [42-161,] 42-181, 42-182, 42-186, 42-
271, 45a-716, 46b-115w, 46b-128, 47-42d, 47-74f, 47-88b, 47-236, 47-284,
47a-11b, 47a-11d, 47a-13a, 47a-14h, 47a-56b, 49-2, 49-4a, 49-8, 49-8a, 49-
10b, 49-31b, 49-51, 49-70, 51-90e, 52-57, 52-59b, 52-63, 52-64, 52-195c, 52-
350e, 52-351b, 52-361a, 52-362, 52-565a, 52-605, 52-606, 53-401, 53a-128,
53a-128d, 53a-207 and 54-82c and chapter 965, any reference to certified
mail, return receipt requested, shall include mail, electronic, and digital
methods of receiving the return receipt, including all methods of
receiving the return receipt identified by the Mailing Standards of the
United States Postal Service in Chapter 500 of the Domestic Mail Manual
or any subsequent corresponding document of the United States Postal
Service.