Connecticut Seal

General Assembly

 

Bill No. 30

February Session, 2008

 

LCO No. 595

 

*00595__________*

Referred to Committee on General Law

 

Introduced by:

 

SEN. MCKINNEY, 28th Dist.

REP. CAFERO, 142nd Dist.

 

AN ACT CONCERNING CONSUMER PRIVACY AND IDENTITY THEFT.

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

Section 1. Section 53a-129a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) A person commits identity theft when such person [intentionally obtains personal identifying information of another person without the authorization of such other person and] knowingly uses [that] personal identifying information of another person to obtain or attempt to obtain, money, credit, goods, services, property or medical information in the name of such other person without the consent of such other person.

(b) As used in this section, "personal identifying information" means any name, number or other information that may be used, alone or in conjunction with any other information, to identify a specific individual including, but not limited to, such individual's name, date of birth, mother's maiden name, motor vehicle operator's license number, Social Security number, employee identification number, employer or taxpayer identification number, alien registration number, government passport number, health insurance identification number, demand deposit account number, savings account number, credit card number, debit card number or unique biometric data such as fingerprint, voice print, retina or iris image, or other unique physical representation.

Sec. 2. Section 53a-130 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) A person is guilty of criminal impersonation when [he] such person: (1) Impersonates another and does an act in such assumed character with intent to obtain a benefit or to injure or defraud another; or (2) pretends to be a representative of some person or organization and does an act in such pretended capacity with intent to obtain a benefit or to injure or defraud another; or (3) pretends to be a public servant other than a sworn member of an organized local police department or the Division of State Police within the Department of Public Safety, or wears or displays without authority any uniform, badge or shield by which such public servant is lawfully distinguished, with intent to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense.

(b) Criminal impersonation is a class [B misdemeanor] A felony.

Sec. 3. (NEW) (Effective October 1, 2008) (a) A person is guilty of unlawful possession of personal information access devices when such person possesses access devices, document-making equipment and authentication implements for the purpose of obtaining, tampering with or using the personal identifying information, as defined in section 53a-129a of the general statutes, of another person.

(b) For the purposes of this section, "access devices" includes any card, plate, code, account number, mobile identification number, personal identification number, telecommunication service access equipment, card-reading device, scanning device, reencoder or other means that could be used to access financial resources or obtain financial information, personal identifying information or benefits of another person.

(c) Unlawful possession of access devices is a class A misdemeanor.

Sec. 4. (NEW) (Effective October 1, 2008) (a) Any license, registration or certificate issued by the state or any political subdivision of the state that was based upon an application containing any material false statement is void from the date of issuance and shall be surrendered, on demand, to the issuing authority. Any moneys paid for such license, registration or certificate shall be forfeited to the issuing authority.

(b) No person shall obtain or attempt to obtain any license, registration or certificate for another person by misrepresentation or impersonation, and any license, registration or certificate obtained by misrepresentation or impersonation is void from the date of issuance and shall be surrendered, on demand, to the issuing authority. Any moneys paid for such license, registration or certificate shall be forfeited to the issuing authority.

(c) Any person who violates any provision of this section shall be guilty of a class A misdemeanor.

Sec. 5. Section 52-571h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) Any person aggrieved by an act constituting a violation of section 53a-129a of the general statutes, revision of 1958, revised to January 1, 2003, or section 53a-129b, 53a-129c, [or] 53a-129d or 53a-129e may bring a civil action in the Superior Court for damages against the person who committed the violation.

(b) In any civil action brought under this section in which the plaintiff prevails, the court shall award the greater of one thousand dollars or treble damages, together with costs and a reasonable attorney's fee. Damages shall include, but not be limited to, documented lost wages and any financial loss suffered by the plaintiff as a result of identity theft, as defined in section 53a-129a. The court shall issue an order that the person found guilty of identity theft shall pay restitution to the prevailing party.

(c) No action under this section shall be brought but within [two] three years from the date when the violation is discovered or in the exercise of reasonable care should have been discovered.

Sec. 6. Section 54-93a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

Whenever a person is convicted of a violation of section 53a-129a of the general statutes, revision of 1958, revised to January 1, 2003, or section 53a-129b, 53a-129c, [or] 53a-129d [,] or 53a-129e the court [may] shall issue such orders as are necessary to correct a public record that contains false information as a result of such violation.

Sec. 7. Subsection (e) of section 54-1d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(e) Any defendant who is charged with a violation of section 53a-129a of the general statutes, revision of 1958, revised to January 1, 2003, or section 53a-129b, 53a-129c, [or] 53a-129d or 53a-129e and any defendant who is charged with any other offense committed as a result of such violation may be presented to the court in the geographical area in which the person whose personal identifying information has been obtained and used by the defendant resides and may be prosecuted in that judicial district or geographical area.

Sec. 8. (NEW) (Effective October 1, 2008) (a) Notwithstanding any other provision of law, no business entity or nonprofit group shall request or require, as a condition of obtaining any goods, services or retailer discount cards, that an individual provide a Social Security number.

(b) An employer may maintain a list of employees' Social Security numbers, provided such numbers may not be disclosed in any way, except as required by law, without the written consent of the employee.

(c) Notwithstanding any other provision of law, no business entity or nonprofit group may sell or share an individual's personal identifying information, as defined in section 53a-129a of the general statutes, as amended by this act, with any third party without obtaining the consent of the individual whose information is to be shared.

(d) This section shall not be construed to prohibit a discount card issuer from requesting a Social Security number for a retailer discount card that can also be used as identification for check cashing purposes or to debit the checking or savings account of the cardholder, provided no discount card issuer may, as a condition of obtaining a retailer discount card, require a cardholder to obtain a retailer discount card that can also be used as identification for check cashing purposes or to debit the checking or savings account of the cardholder.

(e) Nothing in this section shall be construed to prohibit a business entity or nonprofit group from providing an individual's name and address to a third party for purposes of mailing information to the individual on behalf of the business entity or nonprofit group. Prior to sharing an individual's name and address, the business entity or nonprofit group shall obtain a written confidentiality agreement from the third party that the third party will not sell or share the information with any other entity. Such third party shall not use the information for any other purpose.

(f) Any employer, business entity or nonprofit group in possession of personal identifying information shall safeguard the data, computer files and documents containing the data from misuse by third parties, and any document, computer file or database containing personal identifying information shall be destroyed or erased prior to disposal.

(g) Any employer, business entity or nonprofit group that collects Social Security numbers in the course of business shall create a privacy protection policy which shall be published in any employee handbook used by such employer, business entity or nonprofit group or displayed in an accessible and prominent location controlled by such employer, business entity or nonprofit group. Such policy shall: (1) Ensure confidentiality of personal identifying information, (2) prohibit unlawful disclosure of personal identifying information, (3) limit access to personal identifying information, (4) provide for proper disposal of documents containing personal identifying information, and (5) establish penalties for violation of the policy.

(h) Any waiver of the provisions of this section shall be contrary to public policy and shall be void and unenforceable.

(i) A violation of this section shall constitute an unfair or deceptive trade practice pursuant to section 42-110b of the general statutes.

(j) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to carry out the provisions of this section.

Sec. 9. (NEW) (Effective October 1, 2008) (a) Any license, registration or certificate issued by the state, or any political subdivision of the state, that is physically altered to conceal or misrepresent a material fact is void from the date of such alteration and shall be surrendered, on demand, to the issuing authority. Any moneys paid for such license, registration or certificate shall be forfeited to the issuing authority.

(b) No person shall alter any license, registration or certificate issued by the state, or any political subdivision of the state, and any license, registration or certificate so altered shall be void from the date of alteration and shall be surrendered, on demand, to the issuing authority. Any moneys paid for such license, registration or certificate shall be forfeited to the issuing authority.

(c) Any person who violates any provision of this section shall be guilty of a class A misdemeanor.

Sec. 10. Section 54-36h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) The following property shall be subject to forfeiture to the state pursuant to subsection (b) of this section:

(1) All moneys used, or intended for use, in the procurement, manufacture, compounding, processing, delivery or distribution of any controlled substance, as defined in subdivision (9) of section 21a-240;

(2) All property constituting the proceeds obtained, directly or indirectly, from any sale or exchange of any such controlled substance in violation of section 21a-277 or 21a-278 of the 2008 supplement to the general statutes;

(3) All property derived from the proceeds obtained, directly or indirectly, from any sale or exchange for pecuniary gain of any such controlled substance in violation of section 21a-277 or 21a-278 of the 2008 supplement to the general statutes;

(4) All property used or intended for use, in any manner or part, to commit or facilitate the commission of a violation for pecuniary gain of section 21a-277 or 21a-278 of the 2008 supplement to the general statutes;

(5) All property constituting, or derived from, the proceeds obtained, directly or indirectly, by a corporation as a result of a violation of section 53a-276, 53a-277 or 53a-278;

(6) All property constituting, or derived from, the proceeds obtained, directly or indirectly, by a person as a result of a violation of section 53a-129b, 53a-129c, 53a-129d, 53a-129e or 53a-129f.

(b) Not later than ninety days after the seizure of moneys or property subject to forfeiture pursuant to subsection (a) of this section, in connection with a lawful criminal arrest or a lawful search, the Chief State's Attorney or a deputy chief state's attorney, state's attorney or assistant or deputy assistant state's attorney may petition the court in the nature of a proceeding in rem to order forfeiture of said moneys or property. Such proceeding shall be deemed a civil suit in equity, in which the state shall have the burden of proving all material facts by clear and convincing evidence. The court shall identify the owner of said moneys or property and any other person as appears to have an interest therein, and order the state to give notice to such owner and any interested person by certified or registered mail, and shall promptly, but not less than two weeks after notice, hold a hearing on the petition. No testimony offered or evidence produced by such owner or interested person at such hearing and no evidence discovered as a result of or otherwise derived from such testimony or evidence, may be used against such owner or interested person in any proceeding, except that no such owner or interested person shall be immune from prosecution for perjury or contempt committed while giving such testimony or producing such evidence. At such hearing the court shall hear evidence and make findings of fact and enter conclusions of law and shall issue a final order, from which the parties shall have such right of appeal as from a decree in equity.

(c) No property shall be forfeited under this section to the extent of the interest of an owner or lienholder by reason of any act or omission committed by another person if such owner or lienholder did not know and could not have reasonably known that such property was being used or was intended to be used in, or was derived from, criminal activity.

(d) Notwithstanding the provisions of subsection (a) of this section, no moneys or property used or intended to be used by the owner thereof to pay legitimate attorney's fees in connection with his defense in a criminal prosecution shall be subject to forfeiture under this section.

(e) Any property ordered forfeited pursuant to subsection (b) of this section shall be sold at public auction conducted by the Commissioner of Administrative Services or his designee.

(f) The proceeds from any sale of property under subsection (e) of this section and any moneys forfeited under this section shall be applied: (1) To payment of the balance due on any lien preserved by the court in the forfeiture proceedings; (2) to payment of any costs incurred for the storage, maintenance, security and forfeiture of such property; and (3) to payment of court costs. The balance, if any, shall be deposited in the drug assets forfeiture revolving account established under section 54-36i, except that any balance attributable to a sale of property in connection with a prosecution for a violation of section 53a-129a, as amended by this act, or 53a-130, as amended by this act, or section 3, 4 or 9 of this act, shall be deposited in the consumer protection enforcement account established under section 21a-8a.

Sec. 11. Section 36a-40 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The commissioner may, by regulation adopted in accordance with chapter 54, prescribe periods of time for the retention of records of any Connecticut bank or Connecticut credit union. Records which have been retained for the period so prescribed may thereafter be destroyed, and no liability shall thereby accrue against the Connecticut bank or Connecticut credit union destroying them. In any cause or proceeding in which any such records may be called in question or be demanded of any such bank or credit union or any officer or employee thereof, a showing that the period so prescribed has elapsed shall be sufficient excuse for failure to produce them.

(b) Each bank, branch in this state of an out-of-state bank, Connecticut credit union, federal credit union and branch in this state of an out-of-state credit union shall take adequate measures to protect against identity theft when disposing of documents containing personal identifying information such as Social Security numbers and bank account numbers. Such measures shall, at a minimum, include the shredding or other means of permanent destruction of such documents in a secure setting.

Sec. 12. (NEW) (Effective from passage) As used in sections 12 to 20, inclusive, of this act:

(1) "Personal identifying information" means an individual's Social Security number, date of birth or age;

(2) "Individual" means a resident of this state; and

(3) "Commissioner" means the Commissioner of Consumer Protection.

Sec. 13. (NEW) (Effective from passage) (a) Except as otherwise provided by law, on and after January 1, 2009, no person or entity may:

(1) Intentionally communicate or otherwise make an individual's personal identifying information available to the general public or make such information available in return for a fee;

(2) Print an individual's personal identifying information on any card required for the individual to receive products or services provided by the person or entity;

(3) Require the transmission of an individual's personal identifying information over the Internet unless the connection is secure or the personal identifying information is encrypted;

(4) Require the use of an individual's personal identifying information to access an Internet web site, unless a password or unique personal identification number or other authentication device is also required to access the site;

(5) Print a number that the person or entity knows to be an individual's personal identifying information on any materials that are mailed to the individual, unless state or federal law requires the personal identifying information to be on the document to be mailed, except that this section shall not prohibit the mailing of documents that include personal identifying information sent as part of an application or enrollment process or to establish, amend or terminate an account, contract or policy or to confirm the accuracy of the personal identifying information. In a transaction involving or otherwise relating to an individual, if a person or entity receives a number from a third party, this section shall not impose any duty on such person or entity to inquire or otherwise determine if the number is or includes any of such individual's personal identifying information. Such person or entity may print such number on materials that are mailed to the individual unless the person or entity that received the number has actual knowledge that the number is or includes the individual's personal identifying information. This section shall not prohibit the mailing to the individual of any copy or reproduction of a document that includes personal identifying information if the personal identifying information was included on the original document before January 1, 2009; or

(6) Mail any document which allows personal identifying information to be visible without opening the envelope.

(b) Notwithstanding subsection (a) of this section, a person or entity that, before January 1, 2009, used an individual's personal identifying information in a manner inconsistent with said subsection (a) may continue using such individual's personal identifying information in such manner on and after January 1, 2009, subject to the following conditions:

(1) The use of the personal identifying information shall be continuous. If the use is stopped for any reason, subsection (a) of this section shall apply;

(2) After January 1, 2009, the person or entity shall provide the individual with an annual written disclosure of the individual's right to stop the use of the personal identifying information in a manner prohibited by subsection (a) of this section;

(3) If the individual requests, in writing or by electronic means established by the person or entity, such person or entity shall cease using the personal identifying information in a manner prohibited by subsection (a) of this section not later than thirty days after receiving the request. No fee may be charged for implementing such request and the person or entity shall not deny services to the individual because of the request; and

(4) A person or entity shall be subject to a civil penalty of not more than five hundred dollars for each act that violates this subsection. Such penalty shall be deposited into the privacy protection guaranty and enforcement account, pursuant to section 18 of this act.

(c) This section shall not prohibit the collection, use or release of personal identifying information as required by the laws of this state or the United States.

(d) On and after January 1, 2010, this state or any political subdivision of this state may not use an individual's personal identifying information, other than such individual's date of birth, on forms of identification issued by the state or any of its political subdivisions.

(e) This section shall not prohibit an agency of this state or a political subdivision of this state from disseminating or using the last four numbers constituting an individual's Social Security number.

(f) No agency of this state or any political subdivision of this state may transmit to an individual any material that contains both a piece of the individual's Social Security number and a bank, savings and loan association or credit union account number, except that this subsection shall not prohibit the transmitting of documents that include Social Security and bank, savings and loan association or credit union account numbers as a part of an application or enrollment process or to establish, amend or terminate an account, contract or policy or to confirm the accuracy of the Social Security, bank, savings and loan association or credit union account number.

(g) Except as otherwise provided by law, documents or records that are recorded with the state or any political subdivision of the state and made available on the recording entity's public web site after the effective date of this section shall not contain more than five numbers that are reasonably identifiable as being part of an individual's Social Security number and shall not contain an individual's: (1) Credit card, charge card or debit card numbers; (2) retirement account numbers; (3) savings, checking or securities entitlement account numbers; or (4) date of birth or age of the individual.

(h) No agency of the state or any of its political subdivisions shall be subject to civil liability for any action relating to information recorded pursuant to subsection (g) of this section.

(i) A person or entity shall be subject to a civil penalty of not more than five hundred dollars for each act of recording that violates subsection (g) of this section. Such penalty shall not apply to a person or entity that transmits the document for recording but has no authority for the creation of the document.

(j) The Attorney General, at the request of the Commissioner of Consumer Protection, may apply to the Superior Court for an order temporarily or permanently restraining and enjoining any person or entity from violating any provision of this section.

Sec. 14. (NEW) (Effective from passage) Sections 12 to 20, inclusive, of this act shall not apply to:

(1) The use of personal identifying information by the Department of Revenue Services or by a law enforcement agency of this state or a law enforcement agency of a municipality or other political subdivision of this state, except that these agencies shall comply with the provisions of subdivisions (2), (5) and (6) of subsection (a) of section 13 of this act;

(2) The use of personal identifying information by an agency or political subdivision of this state in its administration of employee payroll, employee benefits and workers' compensation matters, except that the agency shall comply with subdivisions (1), (2), (4), (5) and (6) of subsection (a) of section 13 of this act;

(3) Documents or records that are required to be recorded pursuant to the laws of this state or by court rule or order, including, but not limited to, certificates for births, weddings or deaths;

(4) An individual's personal identifying information that is printed or caused to be printed on a document or form of identification by the individual or said individual's legal guardian;

(5) The use of personal identifying information by the administrator, as defined in subsection (c) of section 31-222 of the general statutes, or any person deemed to be a party, pursuant to chapter 567 of the general statutes, on documents or records related to an unemployment compensation claim, except that the administrator or any person deemed to be a party shall comply with subdivisions (1) to (4), inclusive, and (6) of subsection (a) of section 13 of this act;

(6) The use of personal identifying information by the Workers' Compensation Commission, established under section 31-276 of the 2008 supplement to the general statutes, or an intervenor or party, as defined in section 4-166 of the general statutes, on documents or records related to a workers' compensation claim, except that the Workers' Compensation Commission or the intervenor or party shall comply with subdivisions (1) to (4), inclusive, and (6) of subsection (a) of section 13 of this act; and

(7) The use of personal identifying information, if the person whose information is being used, or, if the person is a minor, such person's parent or legal guardian, has given permission for its use.

Sec. 15. (NEW) (Effective from passage) (a) A person or entity that knowingly or intentionally violates any provision of sections 12 to 20, inclusive, of this act, shall be subject to a civil penalty of one hundred dollars for each violation.

(b) All civil penalties received pursuant to this section shall be deposited in the privacy protection guaranty and enforcement account, pursuant to section 18 of this act.

(c) Violations of sections 12 to 20, inclusive, of this act shall be deemed an unfair or deceptive trade practice, as defined in chapter 735a of the general statutes.

Sec. 16. (NEW) (Effective from passage) (a) The commissioner may conduct investigations and hold hearings on any matter under the provisions of sections 12 to 20, inclusive, of this act. The commissioner 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, paper or document when so ordered, upon application of the commissioner, the Superior Court may make such order, as may be appropriate, to aid in the enforcement of this section.

(b) The Attorney General, at the request of the commissioner, may apply to the Superior Court for an order temporarily or permanently restraining and enjoining any person from violating any provision of sections 12 to 20, inclusive, of this act.

Sec. 17. (NEW) (Effective from passage) (a) There is established a "privacy protection guaranty and enforcement account" which shall be a nonlapsing account within the General Fund. The account may contain any moneys required by law to be deposited in the account. Any balance remaining in the account at the end of any fiscal year shall be carried forward in the account for the fiscal year next succeeding. The account shall be used by the Commissioner of Consumer Protection (1) for the reimbursement of losses sustained by individuals injured by a violation of the provisions of sections 12 to 20, inclusive, of this act related to the release, posting or distribution of personal identifying information, as defined in section 1 of this act, and (2) for the enforcement of sections 12 to 20, inclusive, of this act.

(b) Payments received pursuant to sections 12 to 20, inclusive, of this act shall be credited to the privacy protection guaranty and enforcement account until the balance in said account equals seven hundred fifty thousand dollars. Quarterly, if said account has an excess, such excess amount shall be deposited into the General Fund. Any money in the privacy protection guaranty and enforcement account may be invested or reinvested and any interest arising from such investments shall be credited to the account.

(c) If, at any time, the money deposited in the privacy protection guaranty and enforcement account is insufficient to satisfy any duly authorized claim or portion thereof, the commissioner shall, when sufficient money has been deposited in the account, satisfy such unpaid claims or portions thereof, in the order that such claims or portions thereof were originally filed.

(d) Whenever an individual obtains a court judgment against any person or entity for a violation of sections 12 to 20, inclusive, of this act, such individual may, upon the final determination of, or expiration of time for, appeal in connection with any such judgment, and apply to the commissioner for an order directing payment out of said privacy protection guaranty and enforcement account of the amount unpaid upon the judgment for actual damages and costs taxed by the court against the person or entity, exclusive of punitive damages. The application shall be made on forms provided by the commissioner and shall be accompanied by a certified copy of the court judgment obtained against the person or entity, together with a notarized affidavit, signed and sworn to by the individual, affirming that the individual: (1) Has complied with all the requirements of this subsection; (2) has obtained a judgment stating the amount thereof and the amount owing thereon at the date of application; and (3) has caused to be issued a writ of execution upon said judgment, and the officer executing the same has made a return showing that no bank accounts or real property of the person or entity liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of them or of such of them as were found, under the execution, was insufficient to satisfy the actual damage portion of the judgment or stating the amount realized and the balance remaining due on the judgment after application thereon of the amount realized, except that the requirements of this subdivision shall not apply to a judgment obtained by the individual in small claims court. A true and attested copy of said executing officer's return, when required, shall be attached to such application and affidavit. No application for an order directing payment out of the account shall be made later than three years from the final determination of, or expiration time for, appeal of said court judgment.

(e) Upon receipt of said application together with said certified copy of the court judgment, notarized affidavit and true and attested copy of the executing officer's return, the commissioner or the commissioner's designee shall inspect such documents for their veracity and upon a determination that such documents are complete and authentic, and a determination that the individual has not been paid, the commissioner shall order payment out of the account of the amount unpaid upon the judgment for actual damages and costs taxed by the court against the person or entity, exclusive of punitive damages.

(f) Whenever an individual is awarded an order of restitution against any person or entity for loss or damages sustained by reason of a violation of this chapter, in a proceeding brought by the commissioner pursuant to sections 12 to 20, inclusive, of this act, or in a proceeding brought by the Attorney General, such individual may, upon the final determination of, or expiration of time for, appeal in connection with any such order of restitution, apply to the commissioner for an order directing payment out of the account of the amount unpaid upon the order of restitution. The commissioner may issue said order upon a determination that the individual has not been paid.

(g) Before the commissioner shall issue any order directing payment out of the account to an individual pursuant to subsection (e) or (f) of this section, the commissioner shall first notify the person or entity of the individual's application for an order directing payment out of the account and of the person or entity's right to a hearing to contest the disbursement in the event that the person or entity has already paid the individual. Such notice shall be given to the person or entity within fifteen days of the receipt by the commissioner of the individual's application for an order directing payment out of the guaranty account. If the person or entity requests a hearing in writing by certified mail within fifteen days of receipt of the notice from the commissioner, the commissioner shall grant such request and shall conduct a hearing in accordance with the provisions of chapter 54 of the general statutes. If the commissioner receives no written request by certified mail from the person or entity for a hearing within fifteen days of the person's or entity's receipt of such notice, the commissioner shall determine that the individual has not been paid, and the commissioner shall issue an order directing payment out of the account for the amount unpaid upon the judgment for actual damages and costs taxed by the court against the person or entity, exclusive of punitive damages, or for the amount unpaid upon the order of restitution.

(h) The commissioner or the commissioner's designee may proceed against any person or entity for an order of restitution arising from loss or damages sustained by any individual by reason of such person's or entity's violation of any of the provisions of this section. Any such proceeding shall be held in accordance with the provisions of chapter 54 of the general statutes. In the course of such proceeding, the commissioner or the commissioner's designee shall decide whether to order restitution arising from said loss or damages, and whether to order payment out of the guaranty account. Notwithstanding the provisions of chapter 54 of the general statutes, the decision of the commissioner or the commissioner's designee shall be final with respect to any proceeding to order payment out of the guaranty account and the commissioner and the commissioner's designee are exempted from the requirements of chapter 54 of the general statutes as they relate to appeal from any such decision. The commissioner or the commissioner's designee may hear complaints of all individuals submitting claims against a single person or entity in one proceeding.

(i) No application for an order directing payment out of the account shall be made later than three years from the final determination of, or expiration of time for, appeal in connection with any judgment or order of restitution.

(j) Whenever the individual satisfies the commissioner or the commissioner's designee that it is not practicable to comply with the requirements of subdivision (3) of subsection (d) of this section and that the individual has taken all reasonable steps to collect the amount of the judgment or the unsatisfied part thereof and has been unable to collect the same, the commissioner or the commissioner's designee may, in the commissioner's or the commissioner's designee discretion, dispense with the necessity for complying with such requirement.

(k) In order to preserve the integrity of the account, the commissioner, in the commissioner's sole discretion, may order payment out of said account of an amount less than the actual loss or damages incurred by the individual or less than the order of restitution awarded by the commissioner or the Superior Court. In no event shall any payment out of said account be in excess of five thousand dollars for any single claim by an individual.

(l) If the money deposited in the guaranty account is insufficient to satisfy any duly authorized claim or portion thereof, the commissioner shall, when sufficient money has been deposited in the account, satisfy such unpaid claims or portions thereof, in the order that such claims or portions thereof were originally determined.

(m) When the commissioner has caused any sum to be paid from the guaranty account to an individual, the commissioner shall be subrogated to all of the rights of the individual up to the amount paid plus reasonable interest, and prior to receipt of any payment from the guaranty account, the individual shall assign all of this right, title and interest in the claim up to such amount to the commissioner, and any amount and interest recovered by the commissioner on the claim shall be deposited in the guaranty account.

(n) If the commissioner orders the payment of any amount as a result of a claim against any party, the commissioner shall determine if the person or entity is possessed of assets liable to be sold or applied in satisfaction of the claim on the account. If the commissioner discovers any such assets, the Attorney General shall take any action necessary for the reimbursement of the account.

(o) If the commissioner orders the payment of an amount as a result of a claim against any party, the commissioner may enter into an agreement with the party whereby the party agrees to repay the account in full in the form of periodic payments over a set period of time.

Sec. 18. (NEW) (Effective from passage) Any person filing with the commissioner any notice, statement or other document required under the provisions of sections 12 to 20, inclusive, of this act which is false or untrue or contains any material misstatement of fact shall be fined not less than two hundred dollars. All fines received pursuant to this section shall be deposited in the privacy protection guaranty and enforcement account.

Sec. 19. (NEW) (Effective from passage) Any person aggrieved by any decision, order or regulation of the commissioner pursuant to sections 12 to 20, inclusive, of this act may appeal in accordance with the provisions of the Uniform Administrative Procedure Act and chapter 54 of the general statutes.

Sec. 20. (NEW) (Effective from passage) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to carry out the provisions of sections 12 to 19, inclusive, of this act.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2008

53a-129a

Sec. 2

October 1, 2008

53a-130

Sec. 3

October 1, 2008

New section

Sec. 4

October 1, 2008

New section

Sec. 5

October 1, 2008

52-571h

Sec. 6

October 1, 2008

54-93a

Sec. 7

October 1, 2008

54-1d(e)

Sec. 8

October 1, 2008

New section

Sec. 9

October 1, 2008

New section

Sec. 10

October 1, 2008

54-36h

Sec. 11

from passage

36a-40

Sec. 12

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Sec. 13

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Sec. 14

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Statement of Purpose:

To implement the Governor's budget recommendations.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]