Connecticut 2022 Regular Session

Connecticut House Bill HB05150 Latest Draft

Bill / Introduced Version Filed 02/16/2022

                                
 
 
 
LCO No. 1249  	1 of 14 
 
General Assembly  Raised Bill No. 5150  
February Session, 2022 
LCO No. 1249 
 
 
Referred to Committee on GENERAL LAW  
 
 
Introduced by:  
(GL)  
 
 
 
 
AN ACT CONCERNING THE DEPARTMENT OF CONSUMER 
PROTECTION’S RECOMMENDATIONS REGARDING CONSUMERS, 
RETAILERS AND CREDIT TRANSACTIONS. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 21a-79 of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective October 1, 2022): 2 
(a) For the purposes of this section: [(1) "consumer commodity" and 3 
"unit of a consumer commodity" have] 4 
(1) "Alcoholic liquor" has the same meaning as provided in section 5 
30-1; 6 
(2) "Carbonated soft drink container" means an individual, separate 7 
sealed glass, metal or plastic bottle, can, carton or jar containing a 8 
carbonated liquid soft drink that is sold separately or in packages of not 9 
more than twenty-four individual containers; 10 
(3) "Consumer commodity" has the same meaning as provided in 11 
section 21a-73, except that consumer commodity does not include 12  Raised Bill No.  5150 
 
 
 
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alcoholic liquor [, as defined in subdivision (3) of section 30-1,] or a 13 
carbonated soft drink container; [(2) "carbonated soft drink container" 14 
means an individual, separate, sealed glass, metal or plastic bottle, can, 15 
jar or carton containing a carbonated liquid soft drink sold separately or 16 
in packages of not more than twenty-four individual containers; (3) 17 
"universal product coding"] 18 
(4) "Electronic pricing system" means a system that utilizes, by means 19 
of a scanner, universal product coding bar codes in combination with a 20 
cash register to record and total a consumer's purchases; 21 
(5) "Electronic shelf labeling system" means an electronic system that 22 
utilizes an electronic device which (A) is attached to a shelf, or at any 23 
other point of sale, immediately above or below an item, (B) clearly and 24 
conspicuously displays to consumers the price and unit price of a 25 
consumer commodity, and (C) reads the same data as an electronic cash 26 
register scanning system; 27 
(6) "End cap display" means a location in a retail sales area that is at 28 
the immediate end of an aisle; 29 
(7) "Unit of a consumer commodity" has the same meaning as 30 
provided in section 21a-73; and 31 
(8) "Universal product coding" means any system of coding that 32 
entails electronic pricing. [; (4) an electronic shelf labeling system is an 33 
electronic system that utilizes an electronic device attached to the shelf 34 
or at any other point of sale, immediately below or above the item, that 35 
conspicuously and clearly displays to the consumer the unit price and 36 
the price of the consumer commodity. Such electronic shelf labeling 37 
system reads the exact same data as the electronic cash register scanning 38 
system; and (5) an electronic pricing system is a system that utilizes the 39 
universal product coding bar code by means of a scanner in combination 40 
with the cash register to record and total a customer's purchases.] 41 
(b) (1) (A) Any person who, or association, corporation, firm [,] or 42 
partnership [, association or corporation] that, [utilizes] uses universal 43  Raised Bill No.  5150 
 
 
 
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product coding [in totaling] to total a retail [customer's] consumer's 44 
purchases shall mark, or cause to be marked, each consumer commodity 45 
that bears a [Universal Product Code] universal product code with [its] 46 
such consumer commodity's retail price. 47 
(B) Any person who, or association, corporation, firm [,] or 48 
partnership [, association or corporation] that, [utilizes] uses an 49 
electronic pricing system [in totaling] to total a retail consumer's 50 
purchases shall provide [each] to such consumer [with] an item-by-item 51 
digital display, plainly visible to [the] such consumer as each universal 52 
[pricing] product code is scanned, of the price of each carbonated soft 53 
drink container or consumer commodity, [or carbonated soft drink 54 
container,] or both, which such consumer has selected for purchase [by 55 
such consumer prior to accepting] before such person, association, 56 
corporation, firm or partnership accepts payment from such consumer 57 
for such carbonated soft drink container or consumer commodity, or 58 
[container] both. The provisions of this subparagraph [do] shall not be 59 
construed to apply to any person who, or association, corporation, firm 60 
[,] or partnership [, association or corporation] that, is operating in a 61 
retail sales area of not more than ten thousand square feet. 62 
(2) The provisions of subparagraph (A) of subdivision (1) of this 63 
subsection shall not apply if [:] (A) [The] the Commissioner of Consumer 64 
Protection, by regulation, allows for the [utilization] use of electronic 65 
shelf labeling systems, [;] (B) [a retailer] the commissioner grants to a 66 
person, association, corporation, firm or partnership [is granted] 67 
approval to [utilize] use an electronic shelf labeling system, [by the 68 
commissioner;] (C) [the retailer has demonstrated] the person, 69 
association, corporation, firm or partnership demonstrates, to the 70 
commissioner's satisfaction, [of the commissioner] that such electronic 71 
shelf labeling system is supported by an electronic pricing system that 72 
[utilizes] uses universal product coding [in totaling] to total a retail 73 
[customer's] consumer's purchases, [;] and (D) [the retailer] such person, 74 
association, corporation, firm or partnership has received the 75 
commissioner's approval for such an electronic pricing system. [by the 76 
commissioner.] 77  Raised Bill No.  5150 
 
 
 
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(3) The provisions of subparagraph (A) of subdivision (1) of this 78 
subsection shall not apply to a person, association, corporation, firm or 79 
partnership if [:] (A) [The retailer has met] the conditions [of] established 80 
in subdivision (2) of this subsection have been satisfied, [;] and (B) the 81 
[retailer] person, association, corporation, firm or partnership has 82 
received the Commissioner of Consumer Protection's permission [by the 83 
commissioner] to suspend implementation of the electronic pricing 84 
system for a period, not to exceed thirty days, [in order to allow the 85 
retailer] to enable such person, association, corporation, firm or 86 
partnership, or an agent acting on behalf of [the retailer] such person, 87 
association, corporation, firm or partnership, to [reset,] remodel, repair, 88 
reset or otherwise modify such electronic pricing system at the retail 89 
establishment. 90 
(4) The provisions of subparagraph (A) of subdivision (1) of this 91 
subsection shall not apply to a person, association, corporation, firm or 92 
partnership if [:] (A) [The retailer] the person, association, corporation, 93 
firm or partnership applies for, and [is approved for] the Commissioner 94 
of Consumer Protection approves, an exemption [by the Commissioner 95 
of Consumer Protection] for such person, association, corporation, firm 96 
or partnership, (B) [the retailer] such person, association, corporation, 97 
firm or partnership demonstrates, to the commissioner's satisfaction, [of 98 
the commissioner] that [the retailer] such person, association, 99 
corporation, firm or partnership has achieved price scanner accuracy of 100 
at least ninety-eight per cent, as determined by the latest version of the 101 
National Institute of Standards and Technology Handbook 130, 102 
"Examination Procedures for Price Verification", as adopted by The 103 
National Conference on Weights and Measures, [",] (C) [the retailer] 104 
such person, association, corporation, firm or partnership pays an 105 
application fee, to be used to offset annual inspection costs, of three 106 
hundred fifteen dollars, if the premises consists of less than twenty 107 
thousand square feet of retail space, [and] or six hundred twenty-five 108 
dollars, if the premises consists of at least twenty thousand square feet 109 
[or more] of retail space, (D) [the retailer] such person, association, 110 
corporation, firm or partnership makes available a consumer price test 111  Raised Bill No.  5150 
 
 
 
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scanner that is approved by the commissioner and located prominently 112 
in an easily accessible location for each twelve thousand square feet of 113 
retail floor space, or fraction thereof, and (E) price accuracy inspections 114 
resulting in less than ninety-eight per cent price scanner accuracy are 115 
reinspected, without penalty, and [the retailer] such person, association, 116 
corporation, firm or partnership pays a two-hundred-fifty-dollar 117 
reinspection fee. 118 
(5) Notwithstanding any provision of this subsection, consumer 119 
commodities that are offered for sale and [that are] located on an end 120 
cap display within the retail sales area [are] shall not be subject to the 121 
requirements [specified under] established in this subsection, provided 122 
any information that would otherwise have been made available to a 123 
consumer pursuant to this section is clearly and conspicuously posted 124 
on or adjacent to such end cap. [For purposes of this subdivision, "end 125 
cap display" means the location in the retail sales area that is at the 126 
immediate end of an aisle.] 127 
(6) Consumer commodities that are advertised in a publicly 128 
circulated printed form as being offered for sale at a reduced retail price 129 
for a minimum seven-day period need not be individually marked at 130 
such reduced retail price, provided such consumer commodities are 131 
individually marked with their regular retail price and a conspicuous 132 
sign [is] adjacent to such consumer commodities [, which sign] discloses 133 
[:] (A) [The] such reduced retail price and [its] the unit price [;] of such 134 
consumer commodities, and (B) a statement disclosing that [the item] 135 
the cashier will [be] electronically [priced] price such consumer 136 
commodities at [the] such reduced price. [by the cashier.] 137 
(7) (A) [If] Except as provided in subparagraph (B) of this 138 
subdivision, if a consumer commodity is offered for sale and [its] the 139 
consumer commodity's electronic price is higher than the posted price, 140 
then one item of such consumer commodity, up to a value of twenty 141 
dollars, shall be given to the consumer at no cost to the consumer. A 142 
conspicuous sign shall adequately disclose to the consumer that in the 143 
event the electronic price is higher than the posted retail price, one item 144  Raised Bill No.  5150 
 
 
 
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of such consumer commodity shall be given to the [customer] consumer 145 
at no cost to the consumer. 146 
(B) The provisions of subparagraph (A) of this subdivision shall not 147 
apply to a person, association, corporation, firm or partnership in cases 148 
where the person, association, corporation, firm or partnership (i) 149 
improperly fails to redeem a digital or paper coupon which, if properly 150 
redeemed, would reduce the price of a consumer commodity, or (ii) fails 151 
to remove a sign adjoining a consumer commodity and disclosing a 152 
time-limited reduced price for the consumer commodity after the time 153 
period specified for such reduced price has expired. 154 
(8) If a consumer presents a digital or paper coupon which, if 155 
properly redeemed, would reduce the price of a consumer commodity 156 
and the person, association, corporation, firm or partnership fails to 157 
properly redeem such coupon, such person, association, corporation, 158 
firm or partnership shall provide to the consumer a refund in an amount 159 
that is equal to the value of such coupon. If a person, association, 160 
corporation, firm or partnership offers a consumer commodity for sale 161 
at a reduced price for a specified time period, and a sign disclosing such 162 
reduced price remains adjacent to the consumer commodity following 163 
expiration of such time period, the person, association, corporation, firm 164 
or partnership shall only require a consumer to pay the reduced price 165 
disclosed in such sign for such consumer commodity. 166 
(c) (1) The Commissioner of Consumer Protection may adopt 167 
regulations, in accordance with the provisions of chapter 54, concerning 168 
the marking of prices, and use of universal product coding, on each unit 169 
of a consumer commodity. 170 
(2) The Commissioner of Consumer Protection may adopt 171 
regulations, in accordance with the provisions of chapter 54, designating 172 
not more than twelve consumer commodities that need not be marked 173 
in accordance with the provisions of subdivision (1) of subsection (b) of 174 
this section and specifying the method of providing adequate disclosure 175 
to consumers to [insure] ensure that the electronic pricing of the 176  Raised Bill No.  5150 
 
 
 
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designated consumer commodities is accurate. The commissioner may 177 
also establish, by regulation, methods to protect consumers against 178 
electronic pricing errors of such designated consumer commodities and 179 
to [insure] ensure that the electronic prices of such designated consumer 180 
commodities are accurate. Among the methods that the commissioner 181 
may consider are conditions similar to those set forth in subdivision (5) 182 
of subsection (b) of this section. 183 
(d) The Commissioner of Consumer Protection, after providing 184 
notice and conducting a hearing in accordance with the provisions of 185 
chapter 54, may issue a warning citation to, or impose a civil penalty of 186 
not more than one hundred dollars for the first offense and not more 187 
than five hundred dollars for each subsequent offense on, any person [,] 188 
who, or association, corporation, firm [,] or partnership [, association or 189 
corporation] that, violates any provision of subsection (b) of this section, 190 
or any regulation adopted pursuant to subsection (c) of this section. Any 191 
person who, or association, corporation, firm [,] or partnership [, 192 
association or corporation] that, violates any provision of subsection (b) 193 
of this section, or any regulation adopted pursuant to subsection (c) of 194 
this section, shall be fined not more than two hundred dollars for the 195 
first offense and not more than one thousand dollars for each 196 
subsequent offense. Each violation with respect to all units of a 197 
particular consumer commodity on any single day shall be deemed a 198 
single offense. 199 
Sec. 2. Section 21a-79b of the general statutes is repealed and the 200 
following is substituted in lieu thereof (Effective October 1, 2022): 201 
(a) For the purposes of this section, "consumer commodity" has the 202 
same meaning as provided in section [21a-73, except that "consumer 203 
commodity" does not include alcoholic liquor, as defined in subdivision 204 
(3) of section 30-1, or a carbonated soft drink container] 21a-79, as 205 
amended by this act. 206 
(b) (1) Notwithstanding the provisions of section 21a-79, as amended 207 
by this act, and except as provided in subdivision (2) of this subsection, 208  Raised Bill No.  5150 
 
 
 
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if a retailer offers to a consumer a consumer commodity, including, but 209 
not limited to, [fruits] any fruit or [vegetables] vegetable weighed at the 210 
point of sale, [is offered for sale by a retailer] and [its] the price of the 211 
consumer commodity to the consumer at the point of sale is [higher] 212 
greater than the [posted or] advertised or posted retail price for such 213 
consumer commodity, [then] such retailer shall give such consumer 214 
commodity [, up to a value of twenty dollars, shall be given] to [the] 215 
such consumer, at no cost to such consumer, if the value of such 216 
consumer commodity is not more than twenty dollars. [A conspicuous] 217 
Retailers shall post a sign, [shall] in a conspicuous location, which 218 
adequately [disclose] discloses to [the consumer] consumers that in the 219 
event [such] the retail price of a consumer commodity is [higher] greater 220 
than the [posted or] advertised or posted retail price [,] for the consumer 221 
commodity, the retailer shall give such consumer commodity [shall be 222 
given] to the [customer] consumer at no cost to the consumer. 223 
(2) The provisions of subdivision (1) of this subsection shall not apply 224 
to a retailer if the retailer (A) improperly fails to redeem a digital or 225 
paper coupon which, if properly redeemed, would reduce the price of a 226 
consumer commodity, or (B) fails to remove a sign adjoining a consumer 227 
commodity and disclosing a time-limited reduced price for the 228 
consumer commodity after the time period specified for such reduced 229 
price has expired. 230 
(c) Notwithstanding the provisions of section 21-79 and except as 231 
provided in subsection (b) of this section, if a consumer presents a 232 
digital or paper coupon which, if properly redeemed, would reduce the 233 
price of a consumer commodity, including, but not limited to, any fruit 234 
or vegetable weighed at the point of sale, and the retailer fails to 235 
properly redeem such coupon, such retailer shall provide to the 236 
consumer a refund in an amount that is equal to the value of such 237 
coupon. If a retailer offers a consumer commodity, including, but not 238 
limited to, any fruit or vegetable weighed at the point of sale, for sale at 239 
a reduced price for a specified time period, and a sign disclosing such 240 
reduced price remains adjacent to the consumer commodity after 241 
expiration of such time period, the retailer shall only require a consumer 242  Raised Bill No.  5150 
 
 
 
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to pay the reduced price disclosed in such sign for such consumer 243 
commodity. 244 
[(c)] (d) The Commissioner of Consumer Protection, after providing 245 
notice and conducting a hearing in accordance with the provisions of 246 
chapter 54, may issue a warning citation to, or impose a civil penalty of 247 
not more than one hundred dollars for the first offense and not more 248 
than five hundred dollars for each subsequent offense on, any person 249 
who, or association, corporation, firm [,] or partnership [, association or 250 
corporation] that, violates any provision of subsection (b) or (c) of this 251 
section. Each violation with respect to all units of a particular consumer 252 
commodity on any single day shall be deemed a single offense. 253 
[(d)] (e) The provisions of this section do not apply to any person, 254 
association, corporation, firm [,] or partnership [, association or 255 
corporation] operating in a retail sales area of not more than ten 256 
thousand square feet. 257 
Sec. 3. Section 42-133ff of the general statutes is repealed and the 258 
following is substituted in lieu thereof (Effective October 1, 2022): 259 
(a) For the purposes of this section: 260 
(1) (A) "Agent" (i) means any person who (I) arranges for the 261 
distribution of services by another person, or (II) leases, rents or sells 262 
tangible or intangible personal, real or mixed property, or any other 263 
article, commodity or thing of value, on behalf of another person, and 264 
(ii) includes, but is not limited to, (I) any person who is duly appointed 265 
as an agent by a common carrier, (II) any person who sells 266 
transportation, travel or vacation arrangements on behalf of another 267 
person who is engaged in the business of furnishing transportation, 268 
travel or vacation services, and (III) any member of a cruise line 269 
association that operates exclusively as an agent for cruise lines to sell 270 
cruise travel products or services. 271 
(B) "Agent" does not mean (i) a common carrier, (ii) an employee of a 272 
common carrier, or (iii) any person engaged in the business of 273  Raised Bill No.  5150 
 
 
 
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furnishing transportation, travel or vacation services. 274 
(2) "Charge card" (A) means any card, device or instrument that (i) is 275 
issued, with or without a fee, to a holder and requires the holder to pay 276 
the full outstanding balance due on such card, device or instrument at 277 
the end of each standard billing cycle established by the issuer of such 278 
card, device or instrument, and (ii) may be used by the holder in a 279 
transaction to receive services or lease, purchase or rent tangible or 280 
intangible personal, real or mixed property, or any other article, 281 
commodity or thing of value, and (B) includes, but is not limited to, any 282 
software application that (i) is used to store a digital form of such card, 283 
device or instrument, and (ii) may be used in a transaction to receive 284 
such services or lease, purchase or rent any such property, article, 285 
commodity or thing. 286 
(3) "Credit card" (A) means any card, device or instrument that (i) is 287 
issued, with or without a fee, to a holder, and (ii) may be used by the 288 
holder in a transaction to receive services or lease, purchase or rent 289 
tangible or intangible personal, real or mixed property, or any other 290 
article, commodity or thing of value on credit, regardless of whether 291 
such card, device or instrument is known as a credit card, credit plate or 292 
by any other name, and (B) includes, but is not limited to, any software 293 
application that (i) is used to store a digital form of such card, device or 294 
instrument, and (ii) may be used in a transaction to receive such services 295 
or lease, purchase or rent any such property, article, commodity or thing 296 
on credit. 297 
(4) (A) "Debit card" (i) means any card, code, device or other means 298 
of access, or any combination thereof, that (I) is authorized or issued for 299 
use to debit an asset account held, directly or indirectly, by a financial 300 
institution, and (II) may be used in a transaction to receive services or 301 
lease, purchase or rent tangible or intangible personal, real or mixed 302 
property, or any other article, commodity or thing of value regardless of 303 
whether such card, code, device, means or combination is known as a 304 
debit card, and (ii) includes, but is not limited to, (I) any software 305 
application that is used to store a digital form of such card, code, device 306  Raised Bill No.  5150 
 
 
 
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or other means of access, or any combination thereof, that may be used 307 
in a transaction to receive such services or lease, purchase or rent any 308 
such property, article, commodity or thing, and (II) any cards, codes, 309 
devices or other means of access, or any combination thereof, commonly 310 
known as automated teller machine cards and payroll cards. 311 
(B) "Debit card" does not mean (i) a check, draft or similar paper 312 
instrument, or (ii) any electronic representation of such check, draft or 313 
instrument. 314 
(5) "Person" means any individual, corporation, incorporated or 315 
unincorporated association, limited liability company, partnership, 316 
trust or other legal entity. 317 
(6) "Surcharge" means any additional charge or fee that increases the 318 
total amount of a transaction for the privilege of using a particular form 319 
of payment. 320 
(7) (A) "Transaction" means distribution by one person to another 321 
person of any service, or the lease, rental or sale by one person of any 322 
tangible or intangible personal, real or mixed property, or any other 323 
article, commodity or thing of value to another person, for a certain 324 
price. 325 
(B) "Transaction" does not mean payment of any (i) fees, costs, fines 326 
or other charges to a state agency authorized by the Secretary of the 327 
Office of Policy and Management under section 1-1j, (ii) taxes, penalties, 328 
interest and fees allowed by the Commissioner of Revenue Services in 329 
accordance with section 12-39r, (iii) taxes, penalties, interest and fees, or 330 
other charges, to a municipality in accordance with section 12-141a, (iv) 331 
fees, costs, fines or other charges to the Judicial Branch in accordance 332 
with section 51-193b, or (v) sum pursuant to any other provision of the 333 
general statutes or regulation of Connecticut state agencies. 334 
[(a)] (b) No [seller] person may impose a surcharge [on a buyer who 335 
elects to use any method of payment, including, but not limited to, cash, 336 
check, credit card or electronic means, in] on any [sales] transaction. 337  Raised Bill No.  5150 
 
 
 
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[(b) Any seller who accepts or offers to accept a bank credit card 338 
bearing a trade name as a means of payment shall accept any bank credit 339 
card bearing such trade name presented by a cardholder, 340 
notwithstanding the identity of the card issuer. For the purposes of this 341 
subsection, "bank credit card" means any credit card issued by a bank, 342 
savings bank, savings and loan association or credit union.] 343 
(c) (1) Nothing in this section shall prohibit any [seller] person from 344 
offering a discount [to a buyer] on any transaction to induce [such buyer 345 
to pay] payment by cash, check, debit card [, check] or similar means 346 
rather than by charge card or credit card. No person may offer any such 347 
discount unless such person posts a notice disclosing such discount. 348 
Such person shall clearly and conspicuously (A) post such notice on 349 
such person's premises if such person conducts transactions in-person, 350 
(B) display such notice on the Internet web site or digital payment 351 
application before completing any online transaction or transaction that 352 
is processed by way of such digital payment application, and (C) 353 
verbally provide such notice before completing any oral transaction, 354 
including, but not limited to, any telephonic transaction. 355 
(2) In furtherance of the legislative findings contained in section 42-356 
133j, no existing or future agreement or contract [or agreement] shall 357 
prohibit a gasoline distributor or retailer [or distributor] from offering a 358 
discount to a buyer based upon the method [of payment by] such buyer 359 
uses to pay for such gasoline. Any provision in such [contract or] 360 
agreement or contract prohibiting such [retailer or] distributor or 361 
retailer from offering such discount is void and without effect [as] 362 
because such provision is contrary to public policy. 363 
[(d) Nothing in this section shall prohibit any seller from conditioning 364 
acceptance of a credit card on a buyer's minimum purchase. Each seller 365 
shall disclose any such minimum purchase policy orally or in writing at 366 
the point of purchase. For the purposes of this subsection, "at the point 367 
of purchase" includes, but is not limited to, at or on a cash register and 368 
in an advertisement or menu.  369  Raised Bill No.  5150 
 
 
 
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(e) No provider of travel services may impose a surcharge on or 370 
reduce the commission paid to a travel agent who acts as an agent for 371 
such provider if the buyer uses a credit card to purchase such provider's 372 
travel services. A violation of any provision of this subsection shall be 373 
deemed an unfair or deceptive trade practice under subsection (a) of 374 
section 42-110b. As used in this subsection, "provider of travel services" 375 
means a person, firm or corporation engaged in the business of 376 
furnishing travel, transportation or vacation services, but does not 377 
include a travel agent, and "travel agent" means a person, firm, 378 
corporation or other entity that (1) is (A) a duly appointed agent of a 379 
common carrier, or (B) a member of a cruise line association and 380 
operates exclusively as an agent for cruise lines in the sale of cruise 381 
travel products or services, and (2) offers or sells travel, transportation 382 
or vacation arrangements as an agent for a provider of travel services, 383 
but does not include a common carrier or an employee of a common 384 
carrier.] 385 
(d) No person shall condition acceptance of a charge card or credit 386 
card for a transaction on a requirement that the transaction be in a 387 
minimum amount unless such person discloses such requirement. Such 388 
person shall clearly and conspicuously (1) post such notice on such 389 
person's premises if such person conducts transactions in-person, (2) 390 
display such notice on the Internet web site or digital payment 391 
application before completing any online transaction or transaction 392 
processed by way of such digital payment application, and (3) verbally 393 
provide such notice before completing any oral transaction, including, 394 
but not limited to, any telephonic transaction. 395 
(e) No person may reduce the amount of any commission paid to an 396 
agent for such person in a transaction because a charge card or credit 397 
card was used to provide payment as part of such transaction. 398 
(f) A violation of any provision of this section shall be deemed an 399 
unfair or deceptive trade practice under subsection (a) of section 42-400 
110b. The Commissioner of Consumer Protection may impose a n 401 
additional civil penalty for any violation of this section. The amount of 402  Raised Bill No.  5150 
 
 
 
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such additional civil penalty shall not exceed five hundred dollars per 403 
violation. Payments of such additional civil penalty shall be deposited 404 
in the consumer protection enforcement account established in section 405 
21a-8a. 406 
(g) The Commissioner of Consumer Protection may adopt 407 
regulations, in accordance with the provisions of chapter 54, to 408 
implement the provisions of this section. 409 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2022 21a-79 
Sec. 2 October 1, 2022 21a-79b 
Sec. 3 October 1, 2022 42-133ff 
 
Statement of Purpose:   
To: (1) Provide that a retailer who fails to timely remove a promotional 
sale sign, or properly redeem a coupon, shall not be required to provide 
a commodity to a consumer free of charge, but shall instead sell the 
commodity to the consumer at the improperly posted price or issue a 
refund to the consumer for the value of the improperly redeemed 
coupon; (2) modify certain provisions concerning charge card, credit 
card and debit card transaction surcharges; and (3) make conforming, 
minor and technical changes to the consumer protection and related 
statutes. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except 
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not 
underlined.]