Substitute House Bill No. 6926

Public Act No. 99-232

An Act Concerning Motor Vehicle Records Information, Registrations, and Insurance Rate Credits.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 14-10 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) For the purposes of this section:

(1) "Disclose" means to engage in any practice or conduct to make available and make known, by any means of communication, personal information contained in a motor vehicle record pertaining to an individual to any other individual, organization or entity;

(2) "Motor vehicle record" means any record [which] that pertains to an operator's license, learner's permit, identity card, registration, certificate of title or any other document issued by the Department of Motor Vehicles;

(3) "Personal information" means information [which] that identifies an individual and includes an individual's photograph or computerized image, Social Security number, operator's license number, name, address other than the zip code, telephone number, or medical or disability information, but does not include information on motor vehicle accidents or violations, or information relative to the status of an operator's license, registration or insurance coverage; and

(4) "Consent" means a written authorization signed by the individual who is the subject of personal information [which] that specifically grants permission to the department to release such information to the requesting party.

(b) A number shall be assigned to each motor vehicle registration and operator's license and a record of all applications for motor vehicle registrations and operators' licenses issued shall be kept by the commissioner at the main office of the Department of Motor Vehicles. [Not later than July 1, 1998, each form for the issuance or renewal of a motor vehicle registration, operator's license or identity card shall contain a conspicuous statement as follows:

"NOTICE:

Personal information collected by the Department of Motor Vehicles may not be disclosed to any person making a request for a motor vehicle record in accordance with the provisions of subsection (c) or (d) of section 14-10 of the general statutes unless you indicate your consent to disclosure. Do you wish to allow disclosure under such circumstances? Yes ( ) No ( )"]

(c) (1) All records of the Department of Motor Vehicles pertaining to the application for registration, and the registration, of motor vehicles of the current or previous three years shall be maintained by the commissioner at the main office of the department. Any such records over three years old may be destroyed at the discretion of the commissioner. (2) Before disclosing personal information pertaining to an applicant or registrant from such motor vehicle records or allowing the inspection of any such record containing such personal information in the course of any transaction conducted at such main office, the commissioner shall ascertain whether [the individual who is the subject of the request has elected to allow disclosure] such disclosure is authorized under subsection (f) of this section, and require the person or entity making the request to (A) complete an application [which] that shall be on a form prescribed by the commissioner, (B) provide two forms of acceptable identification and (C) pay a fee of fifteen dollars to the commissioner in addition to any fee required under section 14-50a. An attorney-at-law admitted to practice in this state may provide [his] juris number to the commissioner in lieu of the requirements of subparagraph (B) of this subdivision. The commissioner may disclose such personal information or permit the inspection of such record containing such information only if [the individual who is the subject of the request has elected to allow disclosure] such disclosure is authorized under subsection (f) of this section.

(d) The commissioner may disclose personal information from a motor vehicle record pertaining to an operator's license or a driving history or permit the inspection or copying of any such record or history containing such information in the course of any transaction conducted at the main office of the department only if [the individual who is the subject of the request has elected to allow disclosure] such disclosure is authorized under subsection (f) of this section. Any such records over five years old may be destroyed at the discretion of the commissioner.

(e) In the event (1) a federal court judge, federal court magistrate or judge of the Superior Court, Appellate Court or Supreme Court of the state, (2) a member of a municipal police department or a member of the Division of State Police within the Department of Public Safety, (3) an employee of the Department of Correction, or (4) an attorney-at-law who represents or has represented the state in a criminal prosecution submits a written request and furnishes [his] such individual's business address to the commissioner, such business address only shall be disclosed or available for public inspection to the extent authorized by this section.

[(f) Notwithstanding the provisions of subsections (c) and (d) of this section, the commissioner or any person contracting with the department]

(f) The commissioner may disclose personal information from a motor vehicle record to (1) any federal, state or local government agency in carrying out its functions or to any individual or entity acting on behalf of any such agency, or (2) any individual, organization or entity [which] that signs and files with the commissioner, under penalty of false statement as provided in section 53a-157b, a statement on a form approved by the commissioner, together with such supporting documentation or information as the commissioner may require, that such information will be used for any of the following purposes:

(A) In connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers and removal of nonowner records from the original owner records of motor vehicle manufacturers to implement the provisions of the federal Automobile Information Disclosure Act, 15 USC 1231 et seq., the Motor Vehicle Information and Cost Saving Act, 15 USC 1901 et seq., the National Traffic and Motor Vehicle Safety Act of 1966, 15 USC 1381 et seq., Anti-Car Theft Act of 1992, 15 USC 2021 et seq., and the Clean Air Act, 42 USC 7401 et seq., as amended from time to time, and any provision of the general statutes enacted to attain compliance with said federal acts;

(B) In the normal course of business by the requesting party, but only to confirm the accuracy of personal information submitted by the individual to the requesting party;

(C) In connection with any civil, criminal, administrative or arbitral proceeding in any court or government agency or before any self-regulatory body, including the service of process, an investigation in anticipation of litigation and the execution or enforcement of judgments and orders, or pursuant to an order of any court provided the requesting party is a party in interest to such proceeding;

(D) In connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories, performance monitoring of motor vehicles and motor vehicle parts and dealers, motor vehicle market research activities including survey research, motor vehicle product and service communications, and removal of nonowner records from the original owner records of motor vehicle manufacturers, provided the personal information is not published, disclosed or used to contact individuals except as permitted under subparagraph (A) of this subdivision;

(E) By any insurer or insurance support organization or by a self-insured entity or its agents, employees or contractors, in connection with the investigation of claims arising under insurance policies, antifraud activities, rating or underwriting;

(F) In providing any notice required by law to owners or lienholders named in the certificate of title of towed, abandoned or impounded motor vehicles;

(G) By an employer or its agent or insurer to obtain or verify information relating to a holder of a passenger endorsement or commercial driver's license required under the federal Commercial Motor Vehicle Safety Act of 1986, 49 USC 2304 et seq., and sections 14-44 to 14-44m, inclusive;

(H) In connection with any lawful purpose of a labor organization, as defined in section 31-77, provided (i) such organization has entered into a contract with the commissioner, on such terms and conditions as the commissioner may require, and (ii) the information will be used only for the purposes specified in the contract other than campaign or political purposes;

(I) For bulk distribution for surveys, marketing or solicitations provided the commissioner has entered into a contract with the requesting individual, organization or entity under the provisions of subsection (b) of section 14-50a and the Department of Motor Vehicles has implemented methods and procedures [which] that ensure that (i) individuals are provided an opportunity, in a clear and conspicuous manner, to prohibit such uses, and (ii) the information will be used only for the purposes specified in the contract, and such surveys, marketing and solicitations will not be directed to any individual who has requested in a timely manner that such material not be directed to [him] such individual.

(g) Any person receiving personal information from a motor vehicle record pursuant to subsection (f) of this section shall be entitled to use such information for any of the purposes set forth in said subsection.

(h) Notwithstanding any provision of this section, the disclosure of personal information from a motor vehicle record pursuant to subsection (f) of this section shall be subject to the provisions of section 14-50a concerning (1) the fees [which] that shall be charged for copies of or information pertaining to motor vehicle records and (2) the authority of the commissioner to establish fees for information furnished on a volume basis in accordance with such terms and conditions regarding the use and distribution of such information as the commissioner may prescribe.

(i) Notwithstanding any provision of this section [which] that restricts or prohibits the disclosure of personal information from a motor vehicle record, the commissioner may disclose personal information contained in any such record to any individual who is the subject of such personal information or to any person who certifies under penalty of false statement that [he] such person has obtained the consent of the subject of such personal information.

(j) The commissioner may adopt regulations in accordance with chapter 54 to implement the provisions of this section.

Sec. 2. Subsection (c) of section 14-12h of the general statutes is repealed and the following is substituted in lieu thereof:

(c) The owner of any motor vehicle whose registration has been cancelled in accordance with the provisions of sections 14-12c and 14-12f to 14-12k, inclusive, 38a-343 and 38a-343a, shall not be eligible to obtain a new registration for a vehicle, or a new or renewal registration for any motor vehicle in [his] the owner's name until [such] the owner appears personally at an office of the Department of Motor Vehicles and (1) completes an application for registration, (2) furnishes proof of insurance, in accordance with section 14-12b, [(3) furnishes proof of financial responsibility for not less than one year, in accordance with section 14-112, and (4)] and (3) pays to the Commissioner of Motor Vehicles a restoration fee of the aggregate of two hundred fifty dollars for the first thirty-one days such registration is cancelled, or any portion thereof, and five dollars for each additional day such registration is cancelled, not to exceed ninety days or five hundred forty-five dollars, as required by section 14-50b, in addition to any other fees required to obtain new registration and number plates, except that the commissioner may reduce the restoration fee to the amount of one hundred dollars if the commissioner finds that the vehicle was not operated during the period of such cancellation and during the period such owner failed to maintain mandatory security. In addition, if the number plates of the vehicle whose registration was cancelled have been confiscated, the owner of such motor vehicle shall pay an additional confiscation fee of fifty dollars. Such confiscation fee shall be collected from the owner of the motor vehicle and remitted by the commissioner to the sheriff, deputy sheriff or constable who confiscated the number plates or, if the plates were confiscated by a police officer, such confiscation fee shall be remitted to the governmental entity which employed such officer at the time of the confiscation and shall be deposited in the asset forfeiture fund. In the event there is no such fund, such confiscation fee shall be deposited in the general fund of such entity.

Sec. 3. Section 38a-682 of the general statutes is repealed and the following is substituted in lieu thereof:

[Any] If any insurance company licensed to do business in this state [which] allows a rate credit or deviation in motor vehicle insurance premium charges for persons successfully completing [a secondary or vocational school driver education program shall give equal credit or deviation for persons successfully completing any course offered by a full-time commercially operated driving school licensed by the Department of Motor Vehicles, which course consists of at least thirty classroom hours of instruction and six hours of behind-the-wheel instruction] a full course of study of motor vehicle operation in a public secondary school, a state vocational school or a private secondary school, as approved by the Commissioner of Motor Vehicles in accordance with the provisions of section 14-36e, or training of a similar nature provided by a licensed drivers' school approved by said commissioner, including, in each case, successful completion of the required number of hours of classroom instruction and behind-the-wheel, on-the-road instruction, then such insurance company shall give equal credit or deviation to all such persons.

Sec. 4. Subsection (aa) of section 14-49 of the general statutes is repealed and the following is substituted in lieu thereof:

(aa) The commissioner shall assess a ten-dollar late fee for renewal of a motor vehicle registration in the event a registrant fails to renew his registration within five days after the expiration of such registration, except that no such fee shall be assessed for the late renewal of the registration, pursuant to subdivision (1) of subsection (m) of this section, of (A) a trailer used exclusively for camping or any other recreational purpose or (B) a motor vehicle designed or permanently altered in such a way as to provide living quarters for travel or camping.

Approved June 29, 1999

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