Governor Rell: New ID Theft Protections, Expanded Bottle Bill Among Laws in Effect October 1

            Governor M. Jodi Rell today highlighted a number of new state laws that take effect October 1, including significant new protections for victims of identity theft, increased rights for residents of nursing homes and an expansion of the “bottle bill” to require deposits on containers of water and flavored waters.

            A fourth new law permits the establishment of enforceable trusts so that pet owners can ensure the care of their animals after their death.

            “These new laws help make our state a safer, more secure and more beautiful place for everyone,” Governor Rell said. “We are sharply increasing the penalties for those who would steal personal information and use it for illegal purposes, while establishing a fund to help the victims of such crimes resolve the lingering consequences. We are also putting new safeguards in place to protect residents and their families when making decisions about long-term care – a time when families are under enormous stress and potentially vulnerable to unscrupulous practices.

            “Expansion of the bottle bill – the first major expansion of the nearly 30-year-old program – has the potential to remove nearly 500 million containers a year from Connecticut landfills, protecting the environment while reducing litter,” the Governor said. “And the pet trusts legislation means new peace of mind for dedicated pet owners who want to make permanent arrangements for the treatment and welfare of their beloved animals.

            “Each of these new laws is a ‘step in the right direction’ for the people of our state,” Governor Rell said. “I was proud to sign them into law.”

            The new identity theft law, proposed by Governor Rell, builds on reforms the Governor has advocated since shortly after taking office. In 2005, she formed an Identity Theft Advisory Board, bringing together state agencies and organizations to identify vulnerabilities, develop remedies and establish much stronger penalties for criminals who misappropriate the identifying information of others, including Social Security numbers, credit card numbers and other personal data. Since then the state’s laws protecting personal information have been significantly strengthened and the penalties for identity theft sharply increased.

            The provisions taking effect October 1 broaden the definition of identity theft, increasing the penalties for criminal impersonation and creating the crime of unlawful possession of personal access devices, such as card readers or scanners, account numbers, personal identification numbers or PIN numbers. It also establishes a fund from forfeited assets to help individuals whose identity has been stolen.

            The new law also extends from two years to three years the period in which a victim can sue for damages against a person convicted of stealing their identity. The bill also requires, rather than allows, a court to issue orders correcting public records. And the new law also includes tougher penalties for those convicted of victimizing senior citizens. A suspect now faces first-degree identity theft charges – a class B felony – for victimizing anyone older than 60 and stealing assets and valuables over $5,000.

            “Identity theft is an incredibly destructive crime,” Governor Rell said. “It not only robs victims of assets, it can have devastating, long-term effects on everything from personal credit to security clearances. And elderly victims can find it especially difficult to recover from identity theft because of the complexity and red tape involved. This new law goes a long way to help victims get redress and ensure that justice for would-be identity thieves is sure and severe.”

            The nursing home legislation strengthens the rights of Medicaid-eligible nursing home patients and their families by prohibiting nursing homes or chronic care hospitals from requiring money, donations or gifts in addition to Medicaid in order to be admitted or extend a stay. The law also ensures that a nursing home patient’s right to sue for deprivation of care or benefits cannot be rescinded or reduced by a waiver of liability.

            “Making decisions about nursing homes or long-term care for a critically ill family member is an enormously stressful process for everyone involved,” Governor Rell said. “These new protections help reduce the risk that someone will take advantage of that situation.”

            Expanding the state’s bottle deposit bill takes even more recyclable material out of the waste stream, reducing the amount of garbage and litter generated every year. The law requires a 5-cent deposit on most containers of bottled water and flavored, non-carbonated waters. It exempts containers of 3 liters or larger, containers made from high-density polyethylene and containers from manufacturers who bottle and sell less than 250,000 noncarbonated beverage containers a year and who obtain an exemption from the state Department of Environmental Protection. Unclaimed deposits – called escheats – will return an estimated $17 million a year to the state.

            “A generation of Connecticut residents has grown up with recycling as the law of the land. They’ve learned to pick up, pack up and properly dispose of bottles and cans,” Governor Rell said. “Adding water bottles to the recycling mix instead of our landfills is a natural move.”

            The pet trusts law permits the creation of enforceable trusts to ensure that the animals are not neglected or euthanized if an owner can no longer take care of them. Previously, trust arrangements were considered honorary since animal beneficiaries have no standing in courts to enforce them.

            “Kindness and love are truly the only things pets ask of us. Ensuring they are cared for after we are gone is the humane thing and right thing to do,” Governor Rell said. “Anyone who has every loved an animal and made it part of their home and family understands that sometimes we are better humans because of the companionship of such sweet creatures.”