Substitute Senate Bill No. 999
          Substitute Senate Bill No. 999

              PUBLIC ACT NO. 97-266


AN  ACT  CONCERNING  COMPLIANCE  WITH  THE FEDERAL
DRIVER'S PRIVACY PROTECTION ACT.


    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statutes  is  repealed   and   the   following  is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 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 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  SPECIFICALLY  GRANTS
PERMISSION  TO  THE  DEPARTMENT  TO  RELEASE  SUCH
INFORMATION TO THE REQUESTING PARTY.
    [(a)] (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  [his]  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 ( )"

    [(b)] (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 [open  to  public  inspection at the main
office of the commissioner during office hours, in
accordance with the provisions of this subsection]
MAINTAINED BY THE  COMMISSIONER AT THE MAIN OFFICE
OF THE DEPARTMENT.  Any  such  records  over three
years old may  be destroyed [in] AT the discretion
of the commissioner.  (2)  Before  disclosing [the
name, address or  registration number of] PERSONAL
INFORMATION   PERTAINING  TO   an   applicant   or
registrant  from such  MOTOR  VEHICLE  records  or
allowing  the  inspection   of   any  such  record
containing  such  [a   name,  address  or  number]
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 AND require the person
or entity making  the  request  to (A) complete an
application which shall be on a form prescribed by
the commissioner, [and  include  the person's full
name and residential  address,]  (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 [disclose]  PROVIDE  his juris number to
the commissioner in  lieu  of  the requirements of
subparagraph  (B)  of   this   subdivision.   [The
commissioner  shall  mail   a   notice   of   such
application to the  applicant or registrant who is
the  subject of  the  request.  The  notice  shall
contain the name  and address of the person making
the  request. The  commissioner  shall  make  such
disclosure  or permit  such  inspection  at  least
seven  days after  the  date  of  receipt  of  the
completed application, identification and fee. The
provisions of this  subdivision shall not apply to
a federal, state  or  local  agency, including any
court or law  enforcement  agency  in carrying out
its  functions, or  a  private  person  or  entity
acting on behalf  of  a  federal,  state  or local
agency  in  carrying   out   its  functions.]  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.
    [(c)] (d) The  commissioner  [shall  not]  MAY
disclose [operator license  information]  PERSONAL
INFORMATION FROM A MOTOR VEHICLE RECORD PERTAINING
TO AN OPERATOR'S  LICENSE  or  [driver]  A DRIVING
history or permit the inspection or copying of any
SUCH record OR HISTORY containing such information
[or history, except  at  the  request  of  (1) any
federal,  state or  local  agency,  including  any
court or law  enforcement  agency  in carrying out
its functions, (2)  any  private  person or entity
acting on behalf  of  a  federal,  state  or local
agency in carrying  out  its  functions or (3) any
person or entity who supplies the name and correct
address of the  operator  about whom he seeks such
information   or   history.    Such    disclosure,
inspection or copying  shall be at the main office
of  the  commissioner]   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. Any such  records  over five years old
may be destroyed  [in]  AT  the  discretion of the
commissioner.
    [(d)   Notwithstanding   the   provisions   of
subsections (b) and  (c)  of this section, if] (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 business address
to the commissioner,  such  business  address only
shall  be  disclosed   or   available  for  public
inspection,  to  the  extent  authorized  by  this
section.
    [(e) The provisions  of this section shall not
apply  to  registration,  license  information  or
driver history furnished  pursuant  to  a contract
entered into by  the commissioner with any person,
firm, labor union  or  nonprofit  organization who
satisfies the commissioner that the information is
properly required in  connection  with the conduct
of such entity's business or activity.]
    (f)   NOTWITHSTANDING   THE    PROVISIONS   OF
SUBSECTIONS  (c) AND  (d)  OF  THIS  SECTION,  THE
COMMISSIONER OR ANY  PERSON  CONTRACTING  WITH THE
DEPARTMENT 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 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, 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, ANTI-FRAUD  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  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.
    (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 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   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
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. This  act  shall  take  effect July 1,
1997.

Approved June 26, 1997