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Substitute House Bill No. 5251

Public Act No. 02-82

AN ACT CONCERNING WELL DRILLERS, PHARMACISTS, ELECTRONIC SHELF-PRICE LABELING, HEALTH CLUBS, THE LIQUOR CONTROL ACT, BUILDING PERMITS FOR TRADESPERSONS, HOME IMPROVEMENT BONDS, LEMON LAW FUNDING AND SHORTHAND REPORTERS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 20-428 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

This chapter shall not apply to any of the following persons or organizations: (1) The government of the state, municipalities of the state or any department or agency of the state or such municipalities; (2) the government of the United States or any of its departments or agencies; (3) any school, public or private, offering as part of a vocational education program courses and training in any aspect of home improvements; and (4) any person holding a current professional or occupational license issued pursuant to the general statutes, and any person registered pursuant to sections 25-126 to 25-137, inclusive, provided such person engages only in that work for which [he] such person is licensed or registered.

Sec. 2. Subsection (a) of section 20-590 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The department shall, upon authorization of the commission, issue a license to practice pharmacy as a pharmacist to any individual provided the individual:

(1) Has submitted a written application on a form approved by the department;

(2) Has graduated from [and received the entry-level professional pharmacy degree from] a college or school of pharmacy approved by the commission with a degree that was, at the time of graduation, an entry level professional pharmacy degree;

(3) Has the professional experience as a pharmacy intern required by regulations adopted by the commissioner, with the advice and assistance of the commission, in accordance with chapter 54;

(4) Has successfully passed the examination described under subsection (b) of this section;

(5) Is eighteen years of age or older at the time of the examination; and

(6) Has paid the examination fee specified in section 20-601.

Sec. 3. Subsection (b) of section 21a-79 of the general statutes, as amended by section 1 of public act 01-73, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(b) (1) (A) Any person, firm, partnership, association or corporation that utilizes universal product coding in totaling a retail customer's purchases shall mark or cause to be marked each consumer commodity [which] that bears a Universal Product Code with its retail price.

(B) Any person, firm, partnership, association or corporation that utilizes an electronic pricing system in totaling a retail consumer's purchases shall provide each consumer with an item-by-item digital display, plainly visible to the consumer as each universal pricing code is scanned, of the price of each consumer commodity or carbonated soft drink container, or both, selected for purchase by such consumer prior to accepting payment from such consumer for such commodity or container. The provisions of this subparagraph do not apply to any person, firm, partnership, association or corporation operating in a retail sales area of not more than ten thousand square feet.

(2) The provisions of subparagraph (A) of subdivision (1) of this subsection shall not apply if: (A) The Commissioner of Consumer Protection, by regulation, allows for the utilization of electronic shelf labeling systems; (B) a retailer is granted approval to utilize an electronic shelf labeling system by the commissioner; [and] (C) the retailer has demonstrated to the satisfaction of the commissioner that such electronic shelf labeling system is supported by an electronic pricing system [which] that utilizes universal product coding in totaling a retail customer's purchases; and (D) the retailer has received approval for such an electronic pricing system by the commissioner.

(3) The provisions of subparagraph (A) of subdivision (1) of this subsection shall not apply if: (A) The retailer has met the conditions of subdivision (2) of this subsection; and (B) the retailer has received permission by the commissioner to suspend implementation of the electronic pricing system for a period not to exceed thirty days in order to allow the retailer or an agent acting on behalf of the retailer to reset, remodel, repair or otherwise modify such system at the retail establishment.

[(3)] (4) Consumer commodities that are advertised in a publicly-circulated printed form as being offered for sale at a reduced price for a minimum seven-day period need not be individually marked at such reduced retail price, provided such consumer commodities are individually marked with their regular retail price and a conspicuous sign is adjacent to such consumer commodities, which sign discloses: (A) The reduced retail price and its unit price; and (B) a statement that the item will be electronically priced at the reduced price by the cashier.

[(4)] (5) If a consumer commodity is offered for sale at a reduced price, in accordance with subdivision [(3)] (4) of this subsection and its electronic price is higher than the reduced price on the sign [which] that is adjacent to the consumer commodity, then one item of such consumer commodity shall be given to the consumer upon demand at no cost. A conspicuous sign shall adequately disclose to the consumer that in the event the electronic price is higher than the reduced retail price, one item of such consumer commodity shall be given to the customer upon demand at no cost.

Sec. 4. Subsection (e) of section 21a-226 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(e) The commissioner shall provide forms for applications by buyers for payment from the guaranty fund. The application shall include the name and address of the health club, the beginning and ending date of the contract, the price of the contract, the date of the closing of the health club, the amount and the basis of the claim and a copy of the contract or other proof of membership deemed suitable by the commissioner. No application for a payment from the guaranty fund shall be accepted by the commissioner more than six months after the date of the closing of the location of the health club where the buyer entered into the contract.

Sec. 5. Section 30-59a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

The Department of Consumer Protection [shall] may, upon notice from the Division of Special Revenue of the name and address of any person who has had [his] a license suspended or revoked by the Gaming Policy Board or the executive director of the Division of Special Revenue, suspend the permit of such person until such license has been restored to such person. The Department of Consumer Protection shall notify the Division of Special Revenue of the name and address of any permittee or backer whose permit has been suspended or revoked.

Sec. 6. (NEW) (Effective October 1, 2002) No person licensed pursuant to sections 20-330 to 20-341, inclusive, of the general statutes, as amended, shall commence work within the scope of sections 20-330 to 20-341, inclusive, of the general statutes, as amended, unless each applicable permit with respect to the specific work being performed by such licensee has been obtained as required pursuant to local ordinances and the general statutes.

Sec. 7. Subsection (c) of section 20-426a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(c) Such bond shall be in such form as the commissioner may require and shall be in the amount of [ten] fifteen thousand dollars. The commissioner may require the contractor to provide from time to time proof that the bond is in full force and effect.

Sec. 8. Subsections (a) and (b) of section 23 of public act 01-9 of the June special session are repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) A new automobile warranties account surcharge is hereby imposed on the sale or lease of each new [passenger vehicle or motorcycle sold] motor vehicle, as defined in section 42-179, sold or leased in this state by any person licensed to offer such vehicles for sale under section 14-52. Such surcharge shall be in addition to any tax otherwise applicable to any such sales transaction.

(b) The surcharge assessed pursuant to this section shall be at a rate of three dollars per [passenger vehicle or motorcycle] motor vehicle, as defined in section 42-179. Such surcharge shall be collected by each licensee under section 14-52 engaged in [new passenger vehicle or motorcycle sales] the sale or lease of motor vehicles, as defined in section 42-179, in this state.

Sec. 9. Subsection (a) of section 20-654 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) No person shall receive a license under the provisions of sections 20-650 to 20-656, inclusive, until such person has passed an examination which shall be substantially similar to the examination of the National Court Reporters Association, [or demonstrates to the satisfaction of the board that such person has actively engaged in the practice of shorthand reporting in this state before October 1, 1997,] or has submitted evidence satisfactory to the board that such person is a Registered Professional Reporter of the National Court Reporters Association or its equivalent.

Approved June 3, 2002