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Substitute Senate Bill No. 296
Public Act No. 26-82
AN ACT CONCERNING RECOMMENDATIONS FROM THE
DEPARTMENT OF CONSUMER PROTECTION WITH RESPECT TO
THE CONNECTICUT UNFAIR TRADE PRACTICES ACT AND
SPORTS WAGERING.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 42 -110d of the 2026 supplement to the general
statutes is repealed and the following is substituted in lieu thereof
(Effective October 1, 2026):
(a) For the purposes of this chapter the Commissioner of Consumer
Protection shall have the power to order an investigation and
examination to be made. In addition to other powers conferred upon the
commissioner by this chapter, the commissioner or the com missioner's
authorized representatives may issue subpoenas to any person involved
in any matter under investigation and examination, administer an oath
or affirmation to any person, and conduct hearings in aid of any
investigation or examination, provided none of the powers conferred by
this chapter shall be used for the purpose of compelling any natural
person to furnish testimony or evidence which might tend to
incriminate him or subject him to a penalty or forfeiture.
(b) The Commissioner of Consumer Protection or the commissioner's
authorized representatives shall have the right to (1) enter any place or
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establishment within the state, at reasonable times, for the purpose of
making an investigation; (2) check the invoices and records pertaining
to costs and other transactions of commodities; (3) take samples of
commodities for evidence upon tendering the m arket price therefor to
the person having such commodity in such person's custody; (4)
subpoena documentary material relating to such investigation; and (5)
have access to, for the purpose of examination, documentary material
and the right to copy and receive electronic copies of such documentary
material of any person being investigated or proceeded against. The
commissioner or the commissioner's authorized representatives shall
have power to require by subpoena the attendance and testimony of
witnesses and the production of all such documentary material relating
to any matter under investigation.
(c) In addition to other powers conferred upon the Commissioner of
Consumer Protection, the commissioner may execute in writing and
cause to be served, through reasonable efforts to effectuate notice as set
forth in section 21a -2, an investigative demand upon any person
suspected of using, having used or about to use any method, act or
practice declared by section 42-110b to be unlawful or upon any person
from whom the commissioner wants assurance that section 42-110b has
not, is not or will not be violated . Such investigative demand shall
contain a description of the method, act or practice under investigation,
provide a reasonable time for compliance, and require such person to
furnish under oath or otherwise, as may be specified in said demand, a
report in writing setting forth relevant facts or circumstances together
with documentary material. Notwithstanding subsection (f) of this
section, responses to investigative demands issued under this
subsection may be withheld from public disclosure during the fu ll
pendency of the investigation.
(d) The Commissioner of Consumer Protection, in conformance with
sections 4 -176e to 4 -185, inclusive, whenever the commissioner has
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reason to believe that any person has been engaged or is engaged in an
alleged violation of any provision of this chapter, shall deliver to such
person, in a manner that is sufficient to effectuate notice as set forth in
section 21a-2, a complaint stating the charges and containing a notice of
a hearing, to be held upon a day and at a place therein fixed at least
fifteen days after the date of such complaint. The person so notified shall
have the right to file a written answer to the complaint and charges
therein stated and appear at the time and place so fixed for such hearing,
in person or otherwise, with or without counsel, and submit testimony
and be fully heard. Any person may make application, and upon good
cause shown shall be allowed by the commissio ner to intervene and
appear in such proceeding by counsel or in person. The testimony in any
such proceeding, including the testimony of any intervening person,
shall be under oath and shall either be reduced to writing by the
recording officer of the hear ing or recorded in an audio or audiovisual
format. The commissioner or the commissioner's authorized
representatives shall have the power to require by subpoena the
attendance and testimony of witnesses and the production of any
documentary material at suc h proceeding. If upon such hearing the
commissioner is of the opinion that the method of competition or the act
or practice in question is prohibited by this chapter, the commissioner
or the commissioner's designee shall issue a final decision, which may
include orders for such person to cease and desist from using such
methods of competition or such act or practice. The commissioner may
impose a civil penalty, in an amount not to exceed the amount set forth
in subsection (b) of section 42-110o, after a hearing conducted pursuant
to chapter 54, or, if the amount involved is less than [ten] twenty-five
thousand dollars per consumer, an order directing restitution, or both.
The commissioner may apply for the enforcement of any cease and
desist order, civil pen alty, order directing restitution or consent order
issued or imposed under this chapter to the superior court for the
judicial district of Hartford, or to any judge thereof if the same is not in
session, for an order temporarily or permanently restraining and
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enjoining any person from continuing any violation of such cease and
desist order, an order directing payment of any civil penalty or
restitution or a consent order. Such application for a temporary
restraining order, temporary and permanent injunction, order directing
payment of any civil penalty or restitution and for such other
appropriate decree or process shall be brought and the proceedings
thereon conducted by the Attorney General.
(e) In addition to any injunction issued pursuant to subsection (d) of
this section, the court may make such additional orders or judgments as
may be necessary to restore to any person in interest any moneys or
property, real or personal, which may have been acquired by means of
any practices prohibited by this chapter, including the appointment of a
receiver or the revocation of a license or certificate authorizing the
person subject to the order or injunction to engage in busine ss in this
state, or both.
(f) The Commissioner of Consumer Protection or the Attorney
General or their employees shall disclose, in accordance with the
provisions of the Freedom of Information Act, as defined in section 1 -
200, all records concerning the investigation of any alleged vio lation of
any provision of this chapter, including, but not limited to, any
complaint initiating an investigation and all records of the disposition
or settlement of a complaint. For purposes of this section, "disposition"
shall include the following a ction or nonaction with respect to any
complaints or investigations: (1) No action taken because of (A) a lack
of jurisdiction, (B) unsubstantiated allegations, or (C) a lack of sufficient
information to draw a conclusion, as determined by the commissioner ,
after investigation; (2) referral to another state agency, or to a federal or
local agency, or to law enforcement authorities; (3) an acceptance of an
assurance of voluntary compliance in accordance with the provisions of
section 42-110j; and (4) formal action taken, including the institution of
administrative proceedings pursuant to subsection (d) of this section or
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court proceedings pursuant to section 42-110m, 42-110o or 42-110p. The
commissioner may withhold such records from disclosure during the
pendency of an investigation or examination held in accordance with
subsection (a) of this section, but in no event sha ll the commissioner
withhold any such records [longer than a period of eighteen months
after the date on which the initial complaint was filed with the
commissioner or ] after the date on which the investigation or
examination was [commenced, whichever is earlier ] closed. Nothing
herein shall be deemed to affect the rights of litigants, including parties
to administrative proceedings, under the laws of discovery of this state.
Sec. 2. Section 12-863a of the 2026 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) No person shall knowingly allow a person who is not of the legal
age for participation in online casino gaming, online sports wagering
and retail sports wagering to (1) open, maintain or use an account with
an online gaming operator, or (2) make or attempt to make a wager on
Internet games or with a sports wagering retailer.
(b) For purposes of this section, "online gaming operator", "Internet
games" and "sports wagering retailer" have the same meanings as
provided in section 12-850.
(c) Any person who violates any provision of subsection (a) of this
section shall be guilty of a class C misdemeanor.
Sec. 3. Section 53a -127d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
(a) A person is guilty of cheating when, in the course of playing or
conducting any lawful gambling game, he or she: (1) Knowingly uses
an altered or counterfeit chip, token, tile, pull tab, wagering slip or check
or knowingly marks, loads or tampers with any cards or dice or
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substitutes for cards or dice provided by the operator of a lawfully
operated game of chance any cards or dice that have been marked,
loaded or tampered with; or (2) knowingly uses any device, instrument,
article or substance with intent to cheat or defrau d or to alter or affect
the otherwise random results of any lawfully operated game of chance;
or (3) intentionally places, increases or attempts to increase a winning
wager or decreases or attempts to decrease a losing wager after that
period of time durin g which the rules of a lawfully operated game of
chance permit a wager to be placed or after the results of the game in
which the wager has been placed become known ; or (4) intentionally
attempts to alter the result of a betting outcome of a sports wager to
advantage himself, herself or another person, through the use of a
promise or offer of any advantage or benefit made or given to another
person, if either the wager or the attempt to alter the result occurred in
this state; or (5) solicits or accepts any advantage or benefit or the
promise or the offer thereof, for himself, herself or another person, with
intent to alter the result of a betting outcome of a sports wager to
advantage himself, herself or another person, if either the wager or the
attempt to alter the result occurred in this state.
(b) Cheating is a class D felony, except that a violation of subdivision
(3) of subsection (a) of this section is a class B misdemeanor.
Sec. 4. Subsection (c) of section 12 -861 of the general statutes is
repealed and the following is substituted in lieu thereof ( Effective from
passage):
(c) The Attorney General, at the request of the commissioner, is
authorized to 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 sections 12-852 to 12-871, inclusive, and
from offering, advertising or making available to any resident of this
state any sports wagering service without a license required under this
chapter and to seek such other or further relief as the court deems
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appropriate, provided the relief authorized under this subsection does
not apply to conduct that would be protected by subdivision (2) of
subsection (a) of section 42 -110c. Nothing in this section shall be
construed to limit the commissioner's or the Attor ney General's rights
and remedies otherwise provided by law.