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					                          Department of Consumer Protection
                          2007 Session Legislative Summary


2007 Legislative Summary


The following public acts, enacted during the 2007 Regular Session and 2007 Special Session of the
General Assembly, affect the work of the Department of Consumer Protection or the persons and
industries regulated by the Department. These legislative enactments have been signed into law
by Governor Rell, and are therefore available in final public act form.

Where a section of a public act modifies existing statutory language, a reference is made to the
specific section of the Connecticut General Statutes being modified. Where a public act is wholly
new, it becomes inserted as a new section upon being codified as part of the Connecticut General
Statutes. The codification process is undertaken by the Legislative Commissioner's Office ("LCO") .

The new laws are conveniently grouped below according to the division within the Department
having jurisdiction over the topic area. Selecting any link below will take you to the text of the
new law.


Drug Control Division

AN ACT CONCERNING REVISIONS TO STATUTES RELATING TO THE DEPARTMENTS OF
PUBLIC HEALTH AND SOCIAL SERVICES AND TOWN CLERKS
PA 07-252 §73 (Sharing of license, registration and investigatory information)

This Departmental proposal helps to protect the public from individuals who have violated the laws
and regulations related to prescription drugs. It enables the Drug Control Division to share
additional types of information with other state and federal authorities, and may help prevent
unscrupulous individuals from working with prescription drugs. The ability to obtain more
information about individuals will assist regulatory agencies in their mission to protect the public
health and safety. (Effective October 1, 2007)


AN ACT CONCERNING REVISIONS TO STATUTES RELATING TO THE DEPARTMENTS OF
PUBLIC HEALTH AND SOCIAL SERVICES AND TOWN CLERKS
PA 07-252 §74 (Use of the term “pharmacy” and similar words)

This Departmental proposal helps to avoid confusion among consumers by clarifying which
business entities are allowed to use terms such as “pharmacy” or “drug store” in their business
advertising. The new language allows the use of these terms by businesses that perform services
directly to pharmacies or pharmacists, but do not engage in business activities with the general
public. (Effective October 1, 2007)


AN ACT CONCERNING REVISIONS TO STATUTES RELATING TO THE DEPARTMENTS OF
PUBLIC HEALTH AND SOCIAL SERVICES AND TOWN CLERKS
PA 07-252 §75 (Controlled substance registrations)
This Departmental issues controlled substance registrations to many types of health care
practitioners. Controlled substances include addictive pain medications and narcotic-type
prescriptions. This new law helps protect the public safety by providing additional enforcement
tools to the commissioner. These new tools help the department to protect the public health and
safety through its jurisdiction over prescription medications, which include controlled substances.
With this new law, the commissioner may place registrations on probation, place conditions on
registrations, and assess civil penalties for cause. Fraudulent billing practices and failure to
maintain records are added as potential reasons for action by the commissioner. (Effective October
1, 2007)




Liquor Control Division

AN ACT CONCERNING ALCOHOL SERVER AND SELLER TRAINING
PA 07-41 (Training for servers and sellers of alcohol)

This Department-supported proposal will assist the commissioner in the enforcement of state liquor
control laws. For any alcohol permit holder whose license has been suspended or revoked, this
new law allows the commissioner to require that business to have their employees participate in an
alcohol seller and server training program. Completion of the program may be a condition for the
license to be returned. This law helps to protect the general public, and minors in particular, by
helping to assure that those who serve alcoholic beverages do not serve minors, and do not
continue to serve intoxicated patrons. (Effective October 1, 2007)


AN ACT CONCERNING NOTICE IN DRAM SHOP ACTIONS INVOLVING DEATH OR
INCAPACITY AND MANUFACTURER PERMITS FOR BREW PUBS
PA 07-165 (Dram shop actions)

The Dram Shop statute holds the server of alcoholic beverages responsible when an intoxicated
patron injures a third party. This public act modifies the Dram Shop statute where intoxication
results in a death or incapacity. It allows more time for an aggrieved person to give notice that a
cause of action is to be filed in Superior Court. This change benefits the families of a person killed
or incapacitated as a result of intoxication.


Occupational & Professional Licensing Division

AN ACT CONCERNING THE ENFORCEMENT OF CERTAIN PROFESSIONAL AND
OCCUPATIONAL LICENSING, CERTIFICATION AND REGISTRATION LAWS
PA 07-188 (Enforcement of occupational licensing laws)

This important Departmental proposal helps to protect consumers from substandard and
unscrupulous contractors by instituting a criminal penalty for those working without a proper
occupational license. Occupational licenses, including for example the plumbing, electrical, and
heating trades, are administered by the Department, and are coordinated by the Occupational and
Professional Licensing Division. Licensing laws protect the public by requiring specific educational
training, a period of supervised work experience, and a comprehensive examination prior to
obtaining a trade license. This Departmental initiative will help protect the public safety. (Effective
October 1, 2007)
AN ACT CONCERNING LICENSURE FOR HEATING, PIPING, AND COOLING WORK
PA 07-183 (Heating, piping, and cooling licenses)

This public act expands the group of individuals needing heating, piping, and cooling licenses
issued by the Department. The new law requires licensure for individuals who operate on-site
heating or air conditioning systems of a certain capacity. This new law protects the public safety
by helping to ensure that qualified individuals operate heating and cooling systems using high-
pressure steam or large quantities of refrigerants. (Effective July 1, 2007)


AN ACT CONCERNING REAL ESTATE LICENSURE AND MAINTENANCE OF LISTS OF
PRIVATE HUNTING GROUNDS BY TOWN CLERKS
PA 07-214 (Real estate licensing fees; Broker entities)

Section one, a Departmental proposal, removes the requirement that a Five Dollar fee be paid
annually to remain eligible to take a real estate license examination. (Effective July 1, 2007)

Section two, a Departmental proposal, eliminates the current Twenty-Five Dollar fee for obtaining a
duplicate real estate license from the Department. (Effective July 1, 2007)

Section three, a Departmental proposal, establishes a “grandfather clause” to allow certain real
estate broker entities (companies) to remain licensed despite a recent legislative change requiring
that each such company be majority-owned by a Connecticut-licensed real estate broker. All other
entity requirements remain in full force. (Effective July 1, 2007)

Section four, a Departmental proposal, allows the Real Estate Commission to authorize the
department’s third party testing vendors to charge a fee to applicants who sit for a section of a real
estate examination. (Section four is effective upon passage)



Trade Practices Division

AN ACT CONCERNING THE ENFORCEMENT OF CERTAIN PROFESSIONAL AND
OCCUPATIONAL LICENSING, CERTIFICATION AND REGISTRATION LAWS
PA 07-188 (Enforcement of occupational licensing laws)

This important Departmental proposal helps to protect consumers from substandard and
unscrupulous contractors by instituting a criminal penalty for those working without a proper
license. Occupational licenses, including for example the plumbing, electrical, and heating trades,
are administered by the Department. Licensing laws protect the public by requiring specific
educational training and a period of supervised work experience prior to obtaining a trade license.
This Departmental initiative will help protect the public safety. Complaints against contractors are
investigated by the Trade Practices Division. (Effective October 1, 2007)


AN ACT CONCERNING THE NEW MOTOR VEHICLE LEMON LAW
PA 07-212 (“Lemon Law” program improvements)

This Departmental proposal improves the administration of the new motor vehicle “Lemon Law”
program, which is administered by the Trade Practices Division. This program settles disputes
between consumers who have purchased a new vehicle and the vehicle’s manufacturer. This
program provides an avenue for consumers to obtain restitution if a new vehicle has had
mechanical problems and meets certain requirements. The changes in this law provide for a single
professional arbitrator to decide each case, instead of a panel of three volunteer arbitrators. This
change will greatly improve the efficiency of the program. (Effective October 1, 2007)


AN ACT INCREASING PENALTIES FOR THE SALE OF CIGARETTES OR TOBACCO PRODUCTS
TO MINORS
PA 07-175 (Preventing tobacco sales to minors)

This new law allows the commissioner to investigate the sale of tobacco products to minors. The
commissioner may hold hearings, levy fines against tobacco distributors, and may forward
complaints to the State’s Attorney for prosecution. (Effective October 1, 2007)


AN ACT CONCERNING THE ENFORCEABILITY OF AUTOMATIC CONTRACT RENEWAL
PROVISIONS
PA 07-215 (Automatic renewal of consumer contracts)

This new law provides protection to consumers by specifying how automatic contract renewal
provisions must be disclosed. The change helps to prevent a consumer from being charged for
goods or services where they took no active steps to renew a contract. If the required notice is not
provided, the goods or services become the consumer’s at no charge. Violations of this provision
are violations of the Connecticut Unfair Trade Practices Act. (Effective October 1, 2007)


AN ACT CONCERNING ELECTRICITY AND ENERGY EFFICIENCY
PA 07-242 §3 (“Energy Star” certified air conditioner rebate program)

Section three of this new law requires the commissioner to certify retailers to participate in a
program that allows rebates to be issued upon the purchase of an “Energy Star” compliant (energy
efficient) air conditioner as a replacement for another non-compliant model. A fine may be
imposed by the commissioner if a non-compliant model is not taken out of use. (Effective upon
passage, but program start date is prior to January 1, 2008)


AN ACT CONCERNING THE RELEASE, SALE AND ACCURACY OF CONVICTION
INFORMATION, THE ISSUANCE OF A REARREST WARRANT OR CAPIAS FOR FAILURE TO
APPEAR, THE DUTIES OF BOARDS OF DIRECTORS AND EXECUTIVE BOARDS OF
CONDOMINIUMS AND OTHER COMMON INTEREST COMMUNITIES, AND THE DEFINITION
OF COMMUNITY ASSOCIATION MANAGER
PA 07-243 §§3-8 (Community Association Managers)

Community Association Managers are registered with the Department. Sections three through
eight of this public act modify the existing statutes related to Community Association Managers and
were supported by the Department. The new law assists condominium owners by providing for
improved disclosure of records, particularly financial records, by condominium associations and
third-party management companies. Also, the definition of “Community Association Manager” has
been expanded in section eight of the new law to include individuals who are the directors or
managers of a management company, or who directly provide management services. (All sections
effective October 1, 2007)