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the general statutes is repealed and the following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repealed and the following is substituted in lieu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