Substitute Senate Bill No. 476
          Substitute Senate Bill No. 476

              PUBLIC ACT NO. 98-211


AN ACT CONCERNING  PHARMACY REGULATIONS, THE LEMON
LAW FOR NEW  MOTOR  VEHICLES,  AND  AN ALTERNATIVE
ELECTRONIC RETAIL PRICING SYSTEM PILOT PROGRAM.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section 1. Subsection (a) of section 20-597 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  No place of business may be operated as a
pharmacy unless a pharmacy license has been issued
for  the  place of business and unless it is under
the direct supervision  of  a  pharmacist  on  the
premises,  EXCEPT  THAT THE COMMISSIONER, WITH THE
ADVICE AND ASSISTANCE  OF  THE  COMMISSION,  SHALL
ADOPT  REGULATIONS, IN ACCORDANCE WITH CHAPTER 54,
THAT SPECIFY WHEN A PHARMACY MAY REMAIN  OPEN  FOR
BUSINESS  DURING  HOURS  WHEN  A PHARMACIST IS NOT
PRESENT AND DIRECTLY  SUPERVISING  SUCH  PHARMACY.
SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED
TO:   (1)   A   PROVISION   REQUIRING   THAT   THE
PRESCRIPTION  DEPARTMENT  BE  CLOSED  AND PROPERLY
SECURED DURING TIMES  WHEN  A  PHARMACIST  IS  NOT
PRESENT;  (2)  THE  MINIMUM  NUMBER  OF  HOURS  OF
OPERATION   APPLICABLE   TO    THE    PRESCRIPTION
DEPARTMENT;  (3)  REQUIREMENTS  FOR  THE  PHYSICAL
SECURITY  OF  THE  PRESCRIPTION  DEPARTMENT;   (4)
REQUIREMENTS  FOR  THE PHYSICAL SECURITY OF LEGEND
DRUGS, CONTROLLED SUBSTANCES  AND  LEGEND  DEVICES
STORED  IN  ALL  AREAS  OF THE PHARMACY; AND (5) A
DEFINITION OF THE TERM "PRESCRIPTION DEPARTMENT".
    Sec.   2.   Section   42-179  of  the  general
statutes,  as  amended  by  public  act  97-6,  is
repealed  and the following is substituted in lieu
thereof:
    (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" means a passenger motor vehicle, a
passenger  and  commercial  motor  vehicle  or   a
motorcycle,   as   defined  in  section  14-1,  AS
AMENDED, 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
[eighteen]   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
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)  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) The
full contract price, including but not limited to,
charges for undercoating, dealer  preparation  and
transportation  and  installed  options,  (2)  all
collateral charges, including but not limited  to,
sales  tax,  license  and  registration  fees, and
similar  government  charges,  (3)   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) all incidental damages as defined
in section 42a-2-715, less a reasonable  allowance
for   the   consumer's  use  of  the  vehicle.  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. It shall be an affirmative defense  to
any  claim  under this section (1) that an alleged
nonconformity does not substantially  impair  such
use,  safety  or value or (2) that a nonconformity
is the result of abuse,  neglect  or  unauthorized
modifications or alterations of a motor vehicle by
a consumer.
    (e)  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 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
[eighteen]   TWENTY-FOUR   thousand    miles    of
operation,  whichever  period ends first, but such
nonconformity  continues  to  exist  or  (2)   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
two-year  period  and such thirty-day period 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. 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 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)  If  a
manufacturer accepts the return of a motor vehicle
or  compensates  any person who accepts the return
of a motor vehicle pursuant to subdivision (1)  of
this  subsection such manufacturer shall stamp the
words   "MANUFACTURER   BUYBACK"    clearly    and
conspicuously on the face of the original title in
letters at least one-quarter inch high and, within
ten  days  of 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"  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. 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.
    (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.
    (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.
    Sec.   3.   (NEW)   (a)   Notwithstanding  the
provisions  of  section  21a-79  of  the   general
statutes  and  any  regulations adopted under said
section, the Commissioner of  Consumer  Protection
may,  within available appropriations, establish a
pilot program for the test  audit  of  alternative
electronic  retail  pricing  systems that maintain
and display the item and unit  price  of  consumer
commodities,  as  defined  in  subsection  (a)  of
section  21a-79  of  the  general  statutes.   The
commissioner shall select one or more retailers to
participate  in  any   such   pilot   program   in
accordance  with  the  following requirements: (1)
The retailer shall conduct business  from  one  or
more stores in this state on the effective date of
this act; (2) the retailer  shall  submit  to  the
commissioner  a  written request to participate in
the pilot program and  indicate  in  such  written
request  the  retailer's  willingness  to  pay all
costs associated with  a  test  audit  under  such
pilot   program;   and   (3)  the  retailer  shall
implement a system to be test audited that,  at  a
minimum, (A) maintains the retailer's current item
prices and unit prices  for  each  product  in  an
electronic  database,  (B)  prints shelf tags that
meet all applicable requirements for item  pricing
and  unit  pricing in effect on the effective date
of this act, and (C) operates in such a  way  that
(i)  price  decreases  are immediately transmitted
directly to the point  of  sale,  and  (ii)  price
increases  are  transmitted  to  the point of sale
only after such shelf tags  are  posted  and  such
posting   has  been  verified  in  the  electronic
database.
    (b)  The  commissioner may designate a private
auditing organization to  conduct  any  such  test
audit and shall charge the cost of such test audit
to the selected retailer. No such test audit shall
be  conducted  for  a period exceeding six months.
The retailer shall designate one  store  in  which
the  test audit will be conducted. During the test
audit,  such  store  shall  be  exempt  from   the
provisions of subdivision (1) of subsection (b) of
section 21a-79 of the  general  statutes  and  any
applicable regulations adopted under said section.
    (c)  The commissioner shall report the results
of each test audit conducted under any such  pilot
program  and  any  recommendations  to  the  joint
standing committee of the General Assembly  having
cognizance   of   matters   relating  to  consumer
protection not later than three months  after  the
completion  of  such test audit. Such report shall
include a copy of any audit report prepared by the
commissioner   or   any   such   private  auditing
organization.

Approved June 8, 1998