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General Assembly Substitute Bill No. 134
February Session, 2024
AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS'
RECOMMENDATIONS FOR MINOR AND TECHNICAL REVISIONS TO
STATUTES CONCERNING CONSUMER PROTECTION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivision (1) of subsection (b) of section 19a-342a of the 1
2024 supplement to the general statutes is repealed and the following is 2
substituted in lieu thereof (Effective October 1, 2024): 3
(b) (1) No person shall use an electronic nicotine or cannabis delivery 4
system or vapor product: (A) In any area of a building or portion of a 5
building owned and operated or leased and operated by the state or any 6
political subdivision of the state; (B) in any area of a health care 7
institution, including, but not limited to, a psychiatric facility; (C) in any 8
area of a retail establishment accessed by the public; (D) in any 9
restaurant; (E) in any area of an establishment with a permit issued for 10
the sale of alcoholic liquor pursuant to section 30-20a, 30-21, 30-21b, 30-11
22, 30-22a, 30-22c, 30-26, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-12
37e or 30-37f, or in any area of an establishment with a permit issued for 13
the sale of alcoholic liquor pursuant to section 30-22aa issued after May 14
1, 2003; (F) in any area of a school building or on the grounds of such 15
school; (G) within a child care facility or on the grounds of such child 16
care facility, except, if the child care facility is a family child care home 17
as defined in section 19a-77, such use is prohibited only when a child 18 Substitute Bill No. 134
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enrolled in such home is present during customary business hours; (H) 19
in any passenger elevator; (I) in any area of a dormitory in any public or 20
private institution of higher education; (J) in any area of a dog race track 21
or a facility equipped with screens for the simulcasting of off-track 22
betting race programs or jai alai games; (K) in any room offered as an 23
accommodation to guests by the operator of a hotel, motel or similar 24
lodging; (L) in any area of a correctional facility, halfway house or 25
residential facility funded by the Judicial Branch; or (M) in any area of a 26
platform or a shelter at a rail, busway or bus station, owned and 27
operated or leased and operated by the state or any political subdivision 28
of the state. For purposes of this subsection, "restaurant" means space, 29
in a suitable and permanent building, kept, used, maintained, 30
advertised and held out to the public to be a place where meals are 31
regularly served to the public; and "school" has the same meaning as 32
provided in section 10-154a. 33
Sec. 2. Subsection (a) of section 20-327f of the 2024 supplement to the 34
general statutes, as amended by section 35 of public act 23-84, is 35
repealed and the following is substituted in lieu thereof (Effective October 36
1, 2024): 37
(a) With respect to a contract for the sale of residential real property, 38
if the seller provides written notice to the purchaser, prior to, or upon, 39
entering into the contract, of the availability of the lists of hazardous 40
waste facilities pursuant to section 22a-134f, the seller and any real estate 41
licensee shall be deemed to have fully satisfied any duty to disclose the 42
presence of all hazardous waste facilities, as defined in section 22a-134f, 43
even if: (1) The list required to be submitted pursuant to section 22a-134f 44
has not been submitted, (2) the list has not been received or made 45
available as required in section 22a-134f, or (3) there is an error, omission 46
or inaccuracy in the list. 47
Sec. 3. Subsection (b) of section 20-420a of the 2024 supplement to the 48
general statutes is repealed and the following is substituted in lieu 49
thereof (Effective October 1, 2024): 50 Substitute Bill No. 134
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(b) A business entity desiring a certificate of registration shall apply 51
to the commissioner, online, on a form provided by the commissioner. 52
The application shall (1) state the name and address of such business 53
entity, the city or town and the street and number where such business 54
entity is to maintain its principal place of business in this state and the 55
names and addresses of its individual owners, (2) contain a list of one or 56
more individuals who shall direct, supervise or perform home 57
improvements for such business entity, (3) require each individual 58
owner of such business entity to disclose whether such individual 59
owner has been found guilty or convicted as a result of an act which (A) 60
constitutes a felony under the laws of this state or federal law, or (B) was 61
committed in another jurisdiction but, if committed in this state, would 62
constitute a felony under the laws of this state, and (4) contain such other 63
information as the commissioner may require. 64
Sec. 4. Subsection (a) of section 20-426 of the 2024 supplement to the 65
general statutes is repealed and the following is substituted in lieu 66
thereof (Effective October 1, 2024): 67
(a) The commissioner may revoke, suspend or refuse to issue or 68
renew any certificate of registration as a home improvement contractor 69
or salesperson or place a registrant on probation or issue a letter of 70
reprimand (1) for conduct of a character likely to mislead, deceive or 71
defraud the public or the commissioner, (2) for engaging in any 72
untruthful or misleading advertising, (3) for failing to reimburse the 73
guaranty fund established pursuant to section 20-432, as amended by 74
this act, for any moneys paid to an owner pursuant to subsection (o) of 75
section 20-432, (4) for unfair or deceptive business practices, (5) subject 76
to section 46a-80, based on a felony conviction of an individual 77
registrant or an individual owner of a registrant that is a business entity, 78
[;] or (6) for violation of any of the provisions of the general statutes 79
relating to home improvements or any regulation adopted pursuant to 80
any of such provisions. The commissioner may refuse to issue or renew 81
any certificate of registration as a home improvement contractor or 82
salesperson of any person subject to the registration requirements of 83 Substitute Bill No. 134
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chapter 969. 84
Sec. 5. Subsection (b) of section 20-432 of the 2024 supplement to the 85
general statutes is repealed and the following is substituted in lieu 86
thereof (Effective October 1, 2024): 87
(b) Each salesman who receives a certificate pursuant to this chapter 88
shall pay a fee of forty dollars annually. Each contractor [(1)] who 89
receives a certificate pursuant to this chapter, or [(2)] who receives a 90
certificate pursuant to chapter 399a and has opted to engage in home 91
improvement pursuant to subsection (f) of section 20-417b, shall pay a 92
fee of one hundred dollars annually to the guaranty fund. Such fee shall 93
be payable with the fee for an application for a certificate or renewal 94
thereof. The annual fee for a contractor who receives a certificate of 95
registration as a home improvement contractor acting solely as the 96
contractor of record for a corporation shall be waived, provided the 97
contractor of record shall use such registration for the sole purpose of 98
directing, supervising or performing home improvements for such 99
corporation. 100
Sec. 6. Subsection (b) of section 20-679 of the 2024 supplement to the 101
general statutes is repealed and the following is substituted in lieu 102
thereof (Effective October 1, 2024): 103
(b) Not later than seven calendar days after the date on which a 104
homemaker-companion agency commences providing homemaker 105
services or companion services, such agency shall provide the person 106
who receives such services, or the authorized representative of such 107
person, with a written contract or service plan. The written contract or 108
service plan shall be developed in consultation with such person or 109
authorized representative and include (1) a person-centered plan of care 110
and services that prescribes the anticipated scope, type, frequency, 111
duration and cost of such services, (2) the anticipated scope, type and 112
frequency of oversight of an employee assigned to such person by the 113
homemaker-companion agency, and (3) a predetermined frequency of 114
meetings between the person who oversees such employee and the 115 Substitute Bill No. 134
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person who receives the services, or the authorized representative of 116
such person. In addition, any contract or service plan provided by a 117
homemaker-companion agency to a person receiving homemaker 118
services or companion services shall also provide conspicuous notice, in 119
boldface type, disclosing (A) the person's right to request changes to, or 120
review of, the contract or service plan, (B) that such agency shall provide 121
at least sixty days' advance written notice to such person or such 122
person's authorized representative disclosing any change in the rate for 123
the same level or type of services provided and charged for such 124
services, (C) the employees of such agency who, pursuant to section 20-125
678, are required to submit to a comprehensive background check, (D) 126
that upon the request of such person or an authorized representative of 127
such person, such agency shall provide such person or representative of 128
such person with written notice that a comprehensive background 129
check, as required pursuant to section 20-678, was performed for all 130
employees of such agency performing homemaker services or 131
companion services for such person, (E) that such agency's records are 132
available for inspection or audit by the Department of Consumer 133
Protection, (F) that the agency is not able to guarantee the extent to 134
which its homemaker services or companion services will be covered 135
under any insurance plan, and (G) that such contract or service plan may 136
be cancelled at any time by the client if such contract or service plan does 137
not contain a specific period of duration. On the date that a homemaker-138
companion agency provides such contract or service plan to such 139
person, the agency shall also provide a printed copy of the guide that 140
details the process by which such person, or such person's authorized 141
representative, may file a complaint against such agency, posted on the 142
Department of Consumer Protection's Internet web site pursuant to 20-143
284. No contract or service plan for the provision of homemaker or 144
companion services shall be valid against the person who receives the 145
services or the authorized representative of such person, unless the 146
contract or service plan has been signed by a duly authorized 147
representative of the homemaker-companion agency and the person 148
who receives the services or the authorized representative of such 149
person. No change in the rate for the same level or type of services 150 Substitute Bill No. 134
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provided and charged for homemaker services or companion services 151
shall be valid against a person who is receiving such services unless the 152
homemaker-companion agency providing such services provides at 153
least sixty days' advance written notice to such person, or such person's 154
authorized representative, disclosing such rate change. The 155
requirements of this section shall not apply to homemaker services or 156
companion services provided under the Connecticut home -care 157
program for the elderly administered by the Department of Social 158
Services in accordance with section 17b-342. A written contract or 159
service plan between a homemaker-companion agency and a person 160
receiving services or the authorized representative of such person shall 161
not be enforceable against such person receiving services or authorized 162
representative unless such written contract or service plan contains all 163
of the requirements of this section. 164
Sec. 7. Subsection (a) of section 21a-70 of the 2024 supplement to the 165
general statutes is repealed and the following is substituted in lieu 166
thereof (Effective October 1, 2024): 167
(a) As used in this section: (1) "Drugs", "devices" and "cosmetics" have 168
the same meanings as defined in section 21a-92, "wholesaler" or 169
"distributor" means a person, including, but not limited to, a medical 170
device and oxygen provider, a third-party logistics provider, a virtual 171
manufacturer or a virtual wholesale distributor, as such terms are 172
defined in section 20-571, whether within or without the boundaries of 173
the state of Connecticut, who supplies drugs, devices or cosmetics 174
prepared, produced or packaged by manufacturers, to other 175
wholesalers, manufacturers, distributors, hospitals, prescribing 176
practitioners, as defined in section 20-571, pharmacies, federal, state or 177
municipal agencies, clinics or any other person as permitted under 178
subsection (h) of this section, except that: (A) A retail pharmacy or a 179
pharmacy within a licensed hospital that supplies to another such 180
pharmacy a quantity of a noncontrolled drug or a schedule II, III, IV or 181
V controlled substance normally stocked by such pharmacies to provide 182
for the immediate needs of a patient pursuant to a prescription or 183 Substitute Bill No. 134
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medication order of an authorized practitioner, (B) a pharmacy within a 184
licensed hospital that supplies drugs to another hospital or an 185
authorized practitioner for research purposes, (C) a retail pharmacy that 186
supplies a limited quantity of a noncontrolled drug or [of] a schedule II, 187
III, IV or V controlled substance for emergency stock to a practitioner 188
who is a medical director of a chronic and convalescent nursing home, 189
of a rest home with nursing supervision, of a hospice inpatient facility 190
licensed pursuant to section 19a-491 or of a state correctional institution, 191
and (D) a pharmacy within a licensed hospital that contains another 192
hospital wholly within such licensed hospital's physical structure that 193
supplies to such contained hospital a quantity of a noncontrolled drug 194
or a schedule II, III, IV [,] or V controlled substance normally stocked by 195
such hospitals to provide for the needs of a patient, pursuant to a 196
prescription or medication order of an authorized practitioner, receiving 197
inpatient care on a unit that is operated by the contained hospital, or 198
receiving outpatient care in a setting operated by the contained hospital 199
and such drug or substance is administered on-site by the contained 200
hospital, shall not be deemed a wholesaler under this section; (2) 201
"manufacturer" means (A) a person, whether within or without the 202
boundaries of the state of Connecticut, who produces, prepares, 203
cultivates, grows, propagates, compounds, converts or processes, 204
directly or indirectly, by extraction from substances of natural origin or 205
by means of chemical synthesis or by a combination of extraction and 206
chemical synthesis, or who packages, repackages, labels or relabels a 207
container under such manufacturer's own or any other trademark or 208
label any drug, device or cosmetic for the purpose of selling such items, 209
or (B) a sterile compounding pharmacy, as defined in section 20-633b, 210
that dispenses sterile pharmaceuticals without a prescription or a 211
patient-specific medical order; (3) "drug", "device" and "cosmetic" have 212
the same meanings as provided in section 21a -92; and (4) 213
"commissioner" means the Commissioner of Consumer Protection or 214
the commissioner's designee. 215
Sec. 8. Subdivisions (7) to (13), inclusive, of section 21a-231 of the 2024 216
supplement to the general statutes are repealed and the following is 217 Substitute Bill No. 134
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substituted in lieu thereof (Effective October 1, 2024): 218
(7) "Manufacture", "make" [,] or "made" refer to the assembly, 219
construction or [the] importation of bedding or filling material for sale. 220
(8) "Manufacturer" means any person who makes or prepares for sale 221
or imports bedding, in whole or in part, that contains filling material. 222
(9) "New" means any filling material or bedding which has not been 223
previously used for any purpose. 224
(10) "Person" means an individual, partnership, corporation, limited 225
liability company, association, receiver or agent. 226
(11) "Renovate" means addition of new filling material to bedding. 227
(12) "Renovator" means any person who adds new filling material to 228
bedding for a fee. 229
(13) "Sale", "sell" [,] or "sold" means offering or exposing for sale, [or] 230
exchange or lease or holding in possession with like intent. 231
Sec. 9. Subdivision (30) of section 21a-240 of the 2024 supplement to 232
the general statutes is repealed and the following is substituted in lieu 233
thereof (Effective October 1, 2024): 234
(30) "Narcotic substance" means any of the following, whether 235
produced directly or indirectly by extraction from a substance of 236
vegetable origin, or independently by means of chemical synthesis, or 237
by a combination of extraction and chemical synthesis: (A) Morphine-238
type: (i) Opium or opiate, or any salt, compound, derivative, or 239
preparation of opium or opiate which is similar to any such substance 240
in chemical structure or which is similar to any such substance in 241
physiological effect and which shows a like potential for abuse, which 242
is a controlled substance under this chapter unless modified; (ii) any 243
salt, compound, isomer, derivative, or preparation of any such 244
substance which is chemically equivalent or identical to any substance 245 Substitute Bill No. 134
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referred to in clause (i) of this [subdivision] subparagraph, but not 246
including the isoquinoline alkaloids of opium; (iii) opium poppy or 247
poppy straw; or (iv) (I) fentanyl or any salt, compound, derivative or 248
preparation of fentanyl which is similar to any such substance in 249
chemical structure or which is similar to any such substance in 250
physiological effect and which shows a like potential for abuse, which 251
is a controlled substance under this chapter unless modified, or (II) any 252
salt, compound, isomer, derivative or preparation of any such substance 253
which is chemically equivalent or identical to any substance referred to 254
in subclause (I) of this clause; or (B) cocaine-type; coca leaves or any salt, 255
compound, derivative or preparation of coca leaves, or any salt, 256
compound, isomer, derivatives or preparation of any such substance 257
which is chemically equivalent or identical to any such substance or 258
which is similar to any such substance in physiological effect and which 259
shows a like potential for abuse, but not including decocainized coca 260
leaves or extractions of coca leaves which do not contain cocaine or 261
ecgonine. 262
Sec. 10. Subdivision (2) of subsection (e) of section 21a-420g of the 263
2024 supplement to the general statutes is repealed and the following is 264
substituted in lieu thereof (Effective October 1, 2024): 265
(2) Upon determination by the Social Equity Council that an 266
application selected through the lottery process does not qualify for 267
consideration as a social equity applicant, the department shall request 268
that the third-party lottery operator identify the next-ranked application 269
in the social equity lottery. This process may continue until the Social 270
Equity Council has identified for further consideration the number of 271
applications set forth on the department's Internet web site pursuant to 272
subsection (b) of this section or until there are no remaining social equity 273
applications to be considered. 274
Sec. 11. Subdivision (2) of section 21a-435 of the 2024 supplement to 275
the general statutes is repealed and the following is substituted in lieu 276
thereof (Effective October 1, 2024): 277 Substitute Bill No. 134
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(2) "Criminal background screening" means a name search for an 278
individual's history of criminal convictions that is conducted by 279
searching [an] (A) an available and regularly updated government 280
public record database that in the aggregate provides national coverage 281
for searching an individual's history of criminal convictions; or (B) a 282
regularly updated database maintained by a private vendor that 283
provides national coverage for searching an individual's history of 284
criminal convictions and sexual offender registries; 285
Sec. 12. Subsections (b) to (g), inclusive, of section 36a-701b of the 286
2024 supplement to the general statutes are repealed and the following 287
is substituted in lieu thereof (Effective October 1, 2024): 288
(b) (1) Any person who owns, licenses or maintains computerized 289
data that includes personal information [,] shall provide notice of any 290
breach of security following the discovery of the breach to any resident 291
of this state whose personal information was breached or is reasonably 292
believed to have been breached. Such notice shall be made without 293
unreasonable delay but not later than sixty days after the discovery of 294
such breach, unless a shorter time is required under federal law, subject 295
to the provisions of subsection (d) of this section. If the person identifies 296
additional residents of this state whose personal information was 297
breached or reasonably believed to have been breached following sixty 298
days after the discovery of such breach, the person shall proceed in good 299
faith to notify such additional residents as expediently as possible. Such 300
notification shall not be required if, after an appropriate investigation, 301
the person reasonably determines that the breach will not likely result 302
in harm to the individuals whose personal information has been 303
acquired or accessed. 304
(2) If notice of a breach of security is required by subdivision (1) of 305
this subsection: 306
(A) The person who owns, licenses or maintains computerized data 307
that includes personal information [,] shall, not later than the time when 308
notice is provided to the resident, also provide notice of the breach of 309 Substitute Bill No. 134
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security to the Attorney General; and 310
(B) The person who owns or licenses computerized data that includes 311
personal information [,] shall offer to each resident whose personal 312
information under clause (i) or (ii) of subparagraph (A) of subdivision 313
(2) of subsection (a) of this section was breached, or is reasonably 314
believed to have been breached, appropriate identity theft prevention 315
services and, if applicable, identity theft mitigation services. Such 316
service or services shall be provided at no cost to such resident for a 317
period of not less than two years. Such person shall provide all 318
information necessary for such resident to enroll in such service or 319
services and shall include information on how such resident can place a 320
credit freeze on such resident's credit file. 321
(c) Any person that maintains computerized data that includes 322
personal information that the person does not own shall notify the 323
owner or licensee of the information of any breach of the security of the 324
data immediately following its discovery, if the personal information of 325
a resident of this state was breached or is reasonably believed to have 326
been breached. 327
(d) Any notification required by this section shall be delayed for a 328
reasonable period of time if a law enforcement agency determines that 329
the notification will impede a criminal investigation and such law 330
enforcement agency has made a request that the notification be delayed. 331
Any such delayed notification shall be made after such law enforcement 332
agency determines that notification will not compromise the criminal 333
investigation and so notifies the person of such determination. 334
(e) Any notice to a resident, owner or licensee required by the 335
provisions of this section may be provided by one of the following 336
methods, subject to the provisions of subsection (f) of this section: (1) 337
Written notice; (2) telephone notice; (3) electronic notice, provided such 338
notice is consistent with the provisions regarding electronic records and 339
signatures set forth in 15 USC 7001, [;] as amended from time to time; or 340
(4) substitute notice, provided such person demonstrates in the notice 341 Substitute Bill No. 134
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provided to the Attorney General that the cost of providing notice in 342
accordance with subdivision (1), (2) or (3) of this subsection would 343
exceed two hundred fifty thousand dollars, that the affected class of 344
subject persons to be notified exceeds five hundred thousand persons or 345
that the person does not have sufficient contact information. Substitute 346
notice shall consist of the following: (A) Electronic mail notice when the 347
person has an electronic mail address for the affected persons; (B) 348
conspicuous posting of the notice on the Internet web site of the person 349
if the person maintains one; and (C) notification to major state-wide 350
media, including newspapers, radio and television. 351
(f) (1) In the event of a breach of login credentials under 352
subparagraph (B) of subdivision (2) of subsection (a) of this section, 353
notice to a resident may be provided in electronic or other form that 354
directs the resident whose personal information was breached or is 355
reasonably believed to have been breached to promptly change any 356
password or security question and answer, as applicable, or to take 357
other appropriate steps to protect the affected online account and all 358
other online accounts for which the resident uses the same user name or 359
electronic mail address and password or security question and answer. 360
(2) Any person that furnishes an electronic mail account shall not 361
comply with this section by providing notification to the electronic mail 362
account that was breached or reasonably believed to have been 363
breached if the person cannot reasonably verify the affected resident's 364
receipt of such notification. In such an event, the person shall provide 365
notice by another method described in this section or by clear and 366
conspicuous notice delivered to the resident online when the resident is 367
connected to the online account from an Internet protocol address or 368
online location from which the person knows the resident customarily 369
accesses the account. 370
(g) Any person that maintains such person's own security breach 371
procedures as part of an information security policy for the treatment of 372
personal information and otherwise complies with the timing 373
requirements of this section [,] shall be deemed to be in compliance with 374 Substitute Bill No. 134
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the security breach notification requirements of this section, provided 375
such person notifies, as applicable, residents of this state, owners and 376
licensees in accordance with such person's policies in the event of a 377
breach of security and in the case of notice to a resident, such person 378
also notifies the Attorney General not later than the time when notice is 379
provided to the resident. Any person that maintains such a security 380
breach procedure pursuant to the rules, regulations, procedures or 381
guidelines established by the primary or functional regulator, as defined 382
in 15 USC 6809(2), as amended from time to time, shall be deemed to be 383
in compliance with the security breach notification requirements of this 384
section, provided (1) such person notifies, as applicable, such residents 385
of this state, owners [,] and licensees who are required to be notified 386
under and in accordance with the policies or the rules, regulations, 387
procedures or guidelines established by the primary or functional 388
regulator in the event of a breach of security, and (2) if notice is given to 389
a resident of this state in accordance with subdivision (1) of this 390
subsection regarding a breach of security, such person also notifies the 391
Attorney General not later than the time when notice is provided to the 392
resident. 393
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2024 19a-342a(b)(1)
Sec. 2 October 1, 2024 20-327f(a)
Sec. 3 October 1, 2024 20-420a(b)
Sec. 4 October 1, 2024 20-426(a)
Sec. 5 October 1, 2024 20-432(b)
Sec. 6 October 1, 2024 20-679(b)
Sec. 7 October 1, 2024 21a-70(a)
Sec. 8 October 1, 2024 21a-231(7) to (13)
Sec. 9 October 1, 2024 21a-240(30)
Sec. 10 October 1, 2024 21a-420g(e)(2)
Sec. 11 October 1, 2024 21a-435(2)
Sec. 12 October 1, 2024 36a-701b(b) to (g)
Substitute Bill No. 134
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Statement of Legislative Commissioners:
In Section 12(e)(3), "15 USC 7001;" was changed to "15 USC 7001, [;] as
amended from time to time; or" for clarity and consistency with
standard drafting conventions; and in Section 12(g), ", as amended
from time to time" was added after "15 USC 6809(2)" for consistency
with standard drafting conventions.
GL Joint Favorable Subst. -LCO