Connecticut 2018 Regular Session

Connecticut Senate Bill SB00177 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	General Assembly Raised Bill No. 177
2	2	February Session, 2018 LCO No. 1066
3	3	01066_______GAE
4	4	Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
5	5	Introduced by:
6	6	(GAE)
7	7
8	8	General Assembly
9	9
10	10	Raised Bill No. 177
11	11
12	12	February Session, 2018
13	13
14	14	LCO No. 1066
15	15
16	16	01066_______GAE
17	17
18	18	Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
19	19
20	20	Introduced by:
21	21
22	22	(GAE)
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24	24	AN ACT APPLYING THE SECURITY EXEMPTION UNDER THE FREEDOM OF INFORMATION ACT TO THE CONNECTICUT AIRPORT AUTHORITY.
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26	26	Be it enacted by the Senate and House of Representatives in General Assembly convened:
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28	28	Section 1. Subdivision (19) of subsection (b) of section 1-210 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
29	29
30	30	(19) Records when there are reasonable grounds to believe disclosure may result in a safety risk, including the risk of harm to any person, any government-owned or leased institution or facility or any fixture or appurtenance and equipment attached to, or contained in, such institution or facility, except that such records shall be disclosed to a law enforcement agency upon the request of the law enforcement agency. Such reasonable grounds shall be determined (A) (i) by the Commissioner of Administrative Services, after consultation with the chief executive officer of an executive branch state agency, with respect to records concerning such agency; and (ii) by the Commissioner of Emergency Services and Public Protection, after consultation with the chief executive officer of a municipal, district or regional agency, with respect to records concerning such agency; (B) by the Chief Court Administrator with respect to records concerning the Judicial Department; [and] (C) by the executive director of the Joint Committee on Legislative Management, with respect to records concerning the Legislative Department; and (D) by the executive director of the Connecticut Airport Authority, with respect to records concerning the Connecticut Airport Authority. As used in this section, "government-owned or leased institution or facility" includes, but is not limited to, an institution or facility owned or leased by a public service company, as defined in section 16-1, other than a water company, as defined in section 25-32a, a certified telecommunications provider, as defined in section 16-1, or a municipal utility that furnishes electric or gas service, but does not include an institution or facility owned or leased by the federal government, and "chief executive officer" includes, but is not limited to, an agency head, department head, executive director or chief executive officer. Such records include, but are not limited to:
31	31
32	32	(i) Security manuals or reports;
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34	34	(ii) Engineering and architectural drawings of government-owned or leased institutions or facilities;
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36	36	(iii) Operational specifications of security systems utilized at any government-owned or leased institution or facility, except that a general description of any such security system and the cost and quality of such system may be disclosed;
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38	38	(iv) Training manuals prepared for government-owned or leased institutions or facilities that describe, in any manner, security procedures, emergency plans or security equipment;
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40	40	(v) Internal security audits of government-owned or leased institutions or facilities;
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42	42	(vi) Minutes or records of meetings, or portions of such minutes or records, that contain or reveal information relating to security or other records otherwise exempt from disclosure under this subdivision;
43	43
44	44	(vii) Logs or other documents that contain information on the movement or assignment of security personnel; and
45	45
46	46	(viii) Emergency plans and emergency preparedness, response, recovery and mitigation plans, including plans provided by a person to a state agency or a local emergency management agency or official.
47	47
48	48	Sec. 2. Subdivision (24) of subsection (b) of section 1-210 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
49	49
50	50	(24) Responses to any request for proposals or bid solicitation issued or submitted by a public agency or any record or file made by a public agency in connection with the contract award process, until such contract is executed or negotiations for the award of such contract have ended, whichever occurs earlier, provided the chief executive officer of such public agency certifies that the public interest in the disclosure of such responses, record or file is outweighed by the public interest in the confidentiality of such responses, record or file;
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52	52	Sec. 3. Subsection (d) of section 1-210 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
53	53
54	54	(d) Whenever a public agency, except the Judicial Department, [or] Legislative Department or Connecticut Airport Authority, receives a request from any person for disclosure of any records described in subdivision (19) of subsection (b) of this section under the Freedom of Information Act, the public agency shall promptly notify the Commissioner of Administrative Services or the Commissioner of Emergency Services and Public Protection, as applicable, of such request, in the manner prescribed by such commissioner, before complying with the request as required by the Freedom of Information Act. If the commissioner, after consultation with the chief executive officer of the applicable agency, believes the requested record is exempt from disclosure pursuant to subdivision (19) of subsection (b) of this section, the commissioner may direct the agency to withhold such record from such person. In any appeal brought under the provisions of section 1-206 of the Freedom of Information Act for denial of access to records for any of the reasons described in subdivision (19) of subsection (b) of this section, such appeal shall be against the chief executive officer of the executive branch state agency or the municipal, district or regional agency that issued the directive to withhold such record pursuant to subdivision (19) of subsection (b) of this section, exclusively, or, in the case of records concerning Judicial Department facilities, the Chief Court Administrator or, in the case of records concerning the Legislative Department, the executive director of the Joint Committee on Legislative Management, or, in the case of records concerning Connecticut Airport Authority facilities, the executive director of the Connecticut Airport Authority.
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59	59	This act shall take effect as follows and shall amend the following sections:
60	60	Section 1 October 1, 2018 1-210(b)(19)
61	61	Sec. 2 October 1, 2018 1-210(b)(24)
62	62	Sec. 3 October 1, 2018 1-210(d)
63	63
64	64	This act shall take effect as follows and shall amend the following sections:
65	65
66	66	Section 1
67	67
68	68	October 1, 2018
69	69
70	70	1-210(b)(19)
71	71
72	72	Sec. 2
73	73
74	74	October 1, 2018
75	75
76	76	1-210(b)(24)
77	77
78	78	Sec. 3
79	79
80	80	October 1, 2018
81	81
82	82	1-210(d)
83	83
84	84	Statement of Purpose:
85	85
86	86	To include the Connecticut Airport Authority under the security exemptions to the Freedom of Information Act.
87	87
88	88	[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.]