Sec. 21a-430. Donation bins. Placement in public place. Notice required. Penalty.
Sec. 21a-433. Snow removal and ice control services contracts.
Sec. 21a-435. Online dating operator. Definitions.
Sec. 21a-436. Online dating operator. Criminal background screening.
Sec. 21a-437. Online dating operator. Safety awareness notification.
Sec. 21a-438. Online dating operator. Means of communicating required notifications.
Sec. 21a-430. Donation bins. Placement in public place. Notice required. Penalty. (a) No person shall place or cause to be placed in a public place a donation bin for the donation of clothing or other articles unless such person has been granted permission to place such donation bin in such public place by the owner of such public place or by such owner's duly authorized agent and unless such bin contains a notice in block letters at least two inches high stating: (1) If the donation is for a charitable purpose, (A) the name of the nonprofit organization that will benefit from the donation and the percentage of the donated articles or of the proceeds from the sale of the donated articles that the nonprofit organization will receive from the owner of such bin, (B) the name and contact information of the owner of such bin, and (C) that the public may contact the Department of Consumer Protection for further information, or (2) if not intended for a charitable purpose, that such donation is not for a charitable purpose. Such notice shall be on the same side of the bin where the donation is likely to be made. As used in this section, “public place” means any area that is used or held out for use by the public, whether owned or operated by public or private interests, and “donation bin” means a large container commonly placed in a parking lot for the purpose of encouraging individuals to donate clothing or other items.
(b) Any person who violates any provision of subsection (a) of this section shall be fined not more than five hundred dollars.
(P.A. 09-119, S. 1; P.A. 11-247, S. 2; P.A. 18-141, S. 5.)
History: P.A. 11-247 designated existing provisions as Subsec. (a) and amended same by adding requirement that notice contain name of bin's owner and adding Subpara. designators in Subdiv. (1), and added Subsec. (b) re fine of not more than $500; P.A. 18-141 amended Subsec. (a)(1) by adding provision re notice to include percentage of donated articles or proceeds of sale that nonprofit organization will receive from bin owner and contact information of bin owner, effective June 11, 2018.
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Sec. 21a-431. Persons under eighteen years of age required to wear protective headgear in certain baseball batting cages. (a) No person under eighteen years of age may enter into a commercial, nonprofit or municipally operated baseball batting cage for the purpose of hitting from an automated pitching machine unless such person is wearing protective headgear that meets standard performance specifications, as defined by the National Operating Committee on Standards for Athletic Equipment.
(b) Failure to comply with this section shall not be a violation, offense or statutory cause of action.
(P.A. 11-244, S. 1.)
History: P.A. 11-244 effective July 13, 2011.
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Sec. 21a-432. Operators of youth athletic activities to make available statement re concussions. Comprehensive background checks for certain employees and volunteers. (a) For purposes of this section:
(1) “Youth athletic activity” means an organized athletic activity involving participants of not less than seven years of age, except as provided in subsections (d) to (f), inclusive, of this section, and not more than nineteen years of age, who (A) (i) engage in an organized athletic game or competition against another team, club or entity or in practice or preparation for an organized game or competition against another team, club or entity, or (ii) attend an organized athletic camp or clinic the purpose of which is to train, instruct or prepare such participants to engage in an organized athletic game or competition, and (B) (i) pay a fee to participate in such organized athletic game or competition or attend such camp or clinic, or (ii) whose cost to participate in such athletic game or competition or attend such camp or clinic is sponsored by a municipality, business or nonprofit organization. “Youth athletic activity” does not include any college or university athletic activity, or an athletic activity that is incidental to a nonathletic program or lesson; and
(2) “Operator” means any municipality, business or nonprofit organization that conducts, coordinates, organizes or otherwise oversees any youth athletic activity but shall not include any municipality, business or nonprofit organization solely providing access to, or use of, any field, court or other recreational area, whether for compensation or not.
(b) Not later than January 1, 2016, and annually thereafter, each operator of a youth athletic activity shall make available a written or electronic statement regarding concussions to each youth athlete and a parent or legal guardian of each youth athlete participating in the youth athletic activity. Such written or electronic statement shall be made available upon registration of each youth athlete and shall be consistent with the most recent information provided by the National Centers for Disease Control and Prevention regarding concussions. Such written or electronic statement shall include educational content addressing, at a minimum: (1) The recognition of signs or symptoms of a concussion, (2) the means of obtaining proper medical treatment for a person suspected of sustaining a concussion, (3) the nature and risks of concussions, including the danger of continuing to engage in youth athletic activity after sustaining a concussion, and (4) the proper procedures for allowing a youth athlete who has sustained a concussion to return to athletic activity.
(c) No operator, or designee of such operator, shall be subject to civil liability for failing to make available the written or electronic statement regarding concussions pursuant to subsection (b) of this section.
(d) Notwithstanding the provisions of subsection (a) of this section, for purposes of this subsection and subsections (e) and (f) of this section, youth athletic activity also includes an organized athletic activity involving participants less than seven years of age. On and after October 1, 2022, an operator shall require any prospective employee or volunteer, except as provided in subsection (f) of this section, who is eighteen years of age or older and applying for a position as a coach or instructor of a youth athletic activity or as an athletic trainer, licensed under chapter 375a, to submit to a comprehensive background check. The background check shall include, but not be limited to, a (1) (A) criminal history records check conducted (i) in accordance with section 29-17a, or (ii) by searching the electronic criminal record system maintained on the Internet web site of the Judicial Department for convictions matching the prospective employee's name and date of birth, (B) check of the state child abuse registry established pursuant to section 17a-101k, (C) check of the registry established and maintained pursuant to section 54-257, and (D) search of the National Sex Offender Registry Public Website maintained by the United States Department of Justice, or (2) check by a third-party provider of national criminal history record checks that is conducted in accordance with the national industry background check standards established by the United States Olympic and Paralympic Committee. For each check of the state child abuse registry conducted pursuant to this subsection, an operator shall submit to the Department of Children and Families an authorization for the release of personal information signed by the prospective employee or volunteer. The provisions of this subsection shall not apply to an athletic coach of intramural or interscholastic athletics who is employed by a local or regional board of education, provided such board satisfies the requirements relating to state and national criminal history records checks applicable to employees of such board pursuant to section 10-221d. Pending completion of all background check components described in this subsection, a prospective employee or volunteer may begin work on a provisional basis, provided such prospective employee or volunteer is supervised at all times by an employee or volunteer who was subjected to a background check described in this subsection within the previous five years.
(e) The comprehensive background checks required pursuant to subsection (d) of this section shall be conducted at least once every five years for each coach, instructor or athletic trainer employed by or volunteering for an operator.
(f) A person who is eighteen years of age or older and applies for a position as a coach, instructor or athletic trainer for a youth athletic activity in the state shall not be required to submit to such comprehensive background checks if such person (1) is an employee or volunteer of an operator of a youth athletic activity in the state, or has not been separated from employment or volunteer position as a coach, instructor or athletic trainer for a youth athletic activity in the state for a period of more than one hundred eighty days, and (2) has successfully completed such comprehensive background checks in the previous five years. Nothing in this section prohibits an operator from requiring that a person applying for a position as a coach, instructor or athletic trainer submit to comprehensive background checks more than once during a five-year period.
(g) If the comprehensive background check conducted pursuant to subsection (d) of this section results in a finding that a person who applied for a position as a coach, instructor or athletic trainer for a youth athletic activity has been convicted in this state or any other state of a felony as defined in section 53a-25 involving the use, attempted use or threatened use of physical force against another person, of cruelty to persons under section 53-20, injury or risk of injury to or impairing morals of children under section 53-21, abandonment of children under the age of six years under section 53-23, or any felony where the victim of the felony is a child under eighteen years of age, or of a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record in this state or any other state that the operator reasonably believes may render the person unsuitable for a position as a coach, instructor or athletic trainer for a youth athletic activity, the operator to whom the person has applied shall not employ the person or accept the person as a volunteer if, after considering (1) the nature of the crime and its relationship to the position for which the person has applied; (2) information pertaining to the degree of rehabilitation of the convicted person; and (3) the time elapsed since the conviction or release, the operator determines that such person is not suitable for the position for which such person has applied.
(June Sp. Sess. P.A. 15-5, S. 114; P.A. 21-82, S. 2.)
History: June Sp. Sess. P.A. 15-5 effective July 1, 2015; P.A. 21-82 amended Subsec. (a)(1) by adding references to exclusions provided in Subsecs. (d) to (f), and added Subsec. (d) re comprehensive background checks for certain prospective employees and volunteers, Subsec. (e) re subsequent comprehensive background checks for certain employees and volunteers, Subsec. (f) re exceptions to comprehensive background check requirement, and Subsec. (g) re prohibition on employing or accepting as a volunteer certain applicants after consideration of certain factors.
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Sec. 21a-433. Snow removal and ice control services contracts. (a) As used in this section:
(1) “Service provider” means a person providing services under a snow removal and ice control services contract;
(2) “Service receiver” means a person receiving services under a snow removal and ice control services contract;
(3) “Snow removal and ice control services contract” means a contract or agreement for the performance of: (A) Plowing, shoveling or removal of snow or ice, (B) de-icing services, or (C) a service incidental to subparagraph (A) or (B) of this subdivision, including, but not limited to, operating or moving snow removal or de-icing equipment or materials.
(b) A provision, clause, covenant or agreement that is part of or in connection with a snow removal and ice control services contract and that: (1) Requires or has the effect of requiring a service provider to indemnify a service receiver for acts that the service provider is not required to perform, or is instructed by the service receiver not to perform, under a snow removal and ice control services contract, or (2) requires, or has the effect of requiring, a service provider to hold a service receiver harmless from any tort liability for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees is against public policy and void if it prohibits the service provider, by express contract terms or in writing, from mitigating a specific snow, ice or other mixed-precipitation event or risk.
(c) The provisions of this section shall not apply to snow removal and ice control services contracts to be performed on municipal or state-owned roadways or property.
(P.A. 19-161, S. 38.)
History: P.A. 19-161 effective July 1, 2019, and applicable to contracts entered into on and after July 1, 2019.
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Sec. 21a-434. Prohibition against retailers refusing to accept cash or charging a higher price for cash payments. (a) For purposes of this section, (1) “at retail” includes any retail transaction conducted in person, excluding any transaction: (A) By telephone, mail or the Internet, (B) for parking at a parking lot or a parking garage, (C) at a wholesale club that sells consumer goods and services through a membership model, (D) at a retail store selling consumer goods exclusively through a membership model that requires payment by means of an affiliated mobile device application, (E) for the rental of consumer goods, services or accommodations for which posting of collateral or security is typically required, and (F) for consumer goods or services provided exclusively to employees and individuals other than customers who are authorized to be on the employer's premises, and (2) “cash” means legal tender.
(b) A person selling or offering for sale goods or services at retail in this state shall not: (1) Refuse to accept cash as a form of payment for such goods or services, (2) post signs stating that cash payment is not accepted, or (3) charge a customer paying cash a higher price than such customer would pay using any other form of payment.
(c) The Commissioner of Consumer Protection may adopt regulations, in accordance with chapter 54, to implement the provisions of this section.
(P.A. 21-60, S. 1.)
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Sec. 21a-435. Online dating operator. Definitions. As used in this section and sections 21a-436 to 21a-439, inclusive:
(1) “Connecticut user” means a user who provides a Connecticut home address or zip code when registering with an online dating operator or a user who is known or determined by an online dating operator or its online dating platform to be in Connecticut at the time of registration;
(2) “Criminal background screening” means a name search for an individual's history of criminal convictions that is conducted by searching an (A) available and regularly updated government public record database that in the aggregate provides national coverage for searching an individual's history of criminal convictions; or (B) a regularly updated database maintained by a private vendor that provides national coverage for searching an individual's history of criminal convictions and sexual offender registries;
(3) “Criminal conviction” means a conviction for a crime in this state, another state, or under federal law;
(4) “Online dating” means the act of using a digital service to initiate relationships with other individuals for the purpose of romance, sex or marriage;
(5) “Online dating operator” means a person who operates a software application designed to facilitate online dating;
(6) “Online dating platform” means a digital service designed to allow users to interact through the Internet to participate in online dating; and
(7) “User” means an individual who uses the online dating services of an online dating operator.
(P.A. 22-82, S. 1.)
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Sec. 21a-436. Online dating operator. Criminal background screening. (a) An online dating operator that does not conduct a criminal background screening on each user shall, before permitting a Connecticut user to communicate through the online dating platform with another user, provide the Connecticut user with a clear and conspicuous notification that the online dating operator does not conduct a criminal background screening on each user.
(b) An online dating operator that offers services to residents of this state and conducts a criminal background screening on each user shall, before permitting a Connecticut user to communicate through the platform with another user: (1) Provide to the Connecticut user with a clear and conspicuous notification indicating that the online dating operator conducts a criminal background screening on each user, which notification shall include a statement of whether the platform excludes an individual who is identified as having a criminal conviction and a statement that a criminal background screening may: (A) Be inaccurate or incomplete; (B) give a user a false sense of security; and (C) be circumvented by an individual who has a criminal history; and (2) include on the online dating platform a notification containing the information described in subdivision (1) of this subsection.
(P.A. 22-82, S. 2.)
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Sec. 21a-437. Online dating operator. Safety awareness notification. (a) An online dating operator that offers services to residents of this state shall clearly and conspicuously provide a safety awareness notification on the online dating platform to all Connecticut users that includes a list of safety measures reasonably designed to increase awareness of safer online dating practices.
(b) A safety awareness notification described in subsection (a) of this section shall include the following statements in substantially similar form:
(1) “Use caution when communicating with a stranger who wants to meet you.”;
(2) “You should not include your last name, electronic mail address, home address, phone number or any other identifying information in your online dating profile or electronic mail messages or communications until you feel comfortable with the other user. Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to coerce you into revealing such information.”;
(3) “If you choose to have a face-to-face meeting with another user who you met on the online dating platform, tell a family member or friend where you will be meeting and when you will return. You should not agree to be picked up at your home. Always provide your own transportation to and from your date and meet in a public place with many people around.”; and
(4) “Anyone who is able to commit identity theft can also falsify a dating profile.”
(P.A. 22-82, S. 3.)
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Sec. 21a-438. Online dating operator. Means of communicating required notifications. An online dating operator providing the notifications required under sections 21a-436 and 21a-437 shall provide such notification at the time a Connecticut user registers with the online dating operator by way of a communication, which may be in the form of electronic mail, text message, push notification, inbox message or in-product message. Such notifications may be provided in the same communication. The communication shall not address matters other than the criminal background screening notification and the safety awareness notification. In the event that the means of communication is character limited, the online dating operator may include the full content of the information by means of a link to a separate Internet web site, provided such Internet web site does not address matters other than the notifications required under sections 21a-436 and 21a-437.
(P.A. 22-82, S. 4.)
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Sec. 21a-439. Online dating operator. Fines, investigations and hearings. Powers of the Department and Commissioner of Consumer Protection. (a) The Department of Consumer Protection may issue fines of not more than twenty-five thousand dollars per violation, accept an offer in compromise, or take other actions permitted by the general statutes or the regulations of Connecticut state agencies if an online dating operator fails to comply with the provisions of sections 21a-435 to 21a-438, inclusive.
(b) The Commissioner of Consumer Protection, or the commissioner's designee, may conduct investigations and hold hearings on any matter under the provisions of this section and sections 21a-435 to 21a-438, inclusive. The commissioner, or the commissioner's designee, may issue subpoenas, administer oaths, compel testimony and order the production of books, records and documents. If any person refuses to appear, to testify or to produce any book, record or document when so ordered, upon application of the commissioner or the commissioner's designee, a judge of the Superior Court may make such order as may be appropriate to aid in the enforcement of this section.
(c) The Attorney General, at the request of the commissioner or the commissioner's designee, may apply in the name of the state to the Superior Court for an order temporarily or permanently restraining and enjoining any person from violating any provision of this section and sections 21a-435 to 21a-438, inclusive.
(P.A. 22-82, S. 5.)
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