Connecticut 2019 Regular Session

Connecticut House Bill HB05110 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	HB.docx
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7	6		General Assembly Committee Bill No. 5110
8	7		January Session, 2019
9	8		LCO No. 4346
10	9
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12	11		Referred to Committee on GOVERNMENT ADMINISTRATION
13	12		AND ELECTIONS
14	13
15	14
16	15		Introduced by:
17	16		(GAE)
18	17
19	18
20	19
21	20		AN ACT APPLYING THE SECURITY EXEMPTION U NDER THE
22	21		FREEDOM OF INFORMATI ON ACT TO THE CONNEC TICUT AIRPORT
23	22		AUTHORITY AND CONNEC TICUT PORT AUTHORITY .
24	23		Be it enacted by the Senate and House of Representatives in General
25	24		Assembly convened:
26	25
27	26		Section 1. Subdivision (19) of subsection (b) of section 1-210 of the 1
28	27		general statutes is repealed and the following is substituted in lieu 2
29	28		thereof (Effective October 1, 2019): 3
30	29		(19) Records when there are reasonable grounds to believe 4
31	30		disclosure may result in a safety risk, including the risk of harm to any 5
32	31		person, any government-owned or leased institution or facility or any 6
33	32		fixture or appurtenance and equipment attached to, or contained in, 7
34	33		such institution or facility, except that such records shall be disclosed 8
35	34		to a law enforcement agency upon the request of the law enforcement 9
36	35		agency. Such reasonable grounds shall be determined (A) (i) by the 10
37	36		Commissioner of Administrative Services, after consultation with the 11
38	37		chief executive officer of an executive branch state agency, with respect 12
39	38		to records concerning such agency; and (ii) by the Commissioner of 13
40		-	Emergency Services and Public Protection, after consultation with the 14 Committee Bill No. 5110
	39	+	Emergency Services and Public Protection, after consultation with the 14
	40	+	Committee Bill No. 5110
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47	45		chief executive officer of a municipal, district or regional agency, with 15
48	46		respect to records concerning such agency; (B) by the Chief Court 16
49	47		Administrator, with respect to records concerning the Judicial 17
50	48		Department; [and] (C) by the executive director of the Joint Committee 18
51	49		on Legislative Management, with respect to records concerning the 19
52	50		Legislative Department; (D) by the executive director of the 20
53	51		Connecticut Airport Authority, with respect to records concerning the 21
54	52		Connecticut Airport Authority; and (E) by the executive director of the 22
55	53		Connecticut Port Authority, with respect to records concerning the 23
56	54		Connecticut Port Authority. As used in this section, "government-24
57	55		owned or leased institution or facility" includes, but is not limited to, 25
58	56		an institution or facility owned or leased by a public service company, 26
59	57		as defined in section 16-1, other than a water company, as defined in 27
60	58		section 25-32a, a certified telecommunications provider, as defined in 28
61	59		section 16-1, or a municipal utility that furnishes electric or gas service, 29
62	60		but does not include an institution or facility owned or leased by the 30
63	61		federal government, and "chief executive officer" includes, but is not 31
64	62		limited to, an agency head, department head, executive director or 32
65	63		chief executive officer. Such records include, but are not limited to: 33
66	64		(i) Security manuals or reports; 34
67	65		(ii) Engineering and architectural drawings of government-owned 35
68	66		or leased institutions or facilities; 36
69	67		(iii) Operational specifications of security systems utilized at any 37
70	68		government-owned or leased institution or facility, except that a 38
71	69		general description of any such security system and the cost and 39
72	70		quality of such system may be disclosed; 40
73	71		(iv) Training manuals prepared for government-owned or leased 41
74	72		institutions or facilities that describe, in any manner, security 42
75	73		procedures, emergency plans or security equipment; 43
76	74		(v) Internal security audits of government-owned or leased 44
77		-	institutions or facilities; 45 Committee Bill No. 5110
	75	+	institutions or facilities; 45
	76	+	Committee Bill No. 5110
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84	81		(vi) Minutes or records of meetings, or portions of such minutes or 46
85	82		records, that contain or reveal information relating to security or other 47
86	83		records otherwise exempt from disclosure under this subdivision; 48
87	84		(vii) Logs or other documents that contain information on the 49
88	85		movement or assignment of security personnel; and 50
89	86		(viii) Emergency plans and emergency preparedness, response, 51
90	87		recovery and mitigation plans, including plans provided by a person 52
91	88		to a state agency or a local emergency management agency or official. 53
92	89		Sec. 2. Subsection (d) of section 1-210 of the general statutes is 54
93	90		repealed and the following is substituted in lieu thereof (Effective 55
94	91		October 1, 2019): 56
95	92		(d) Whenever a public agency, except the Judicial Department, [or] 57
96	93		Legislative Department, Connecticut Airport Authority or Connecticut 58
97	94		Port Authority receives a request from any person for disclosure of any 59
98	95		records described in subdivision (19) of subsection (b) of this section 60
99	96		under the Freedom of Information Act, the public agency shall 61
100	97		promptly notify the Commissioner of Administrative Services or the 62
101	98		Commissioner of Emergency Services and Public Protection, as 63
102	99		applicable, of such request, in the manner prescribed by such 64
103	100		commissioner, before complying with the request as required by the 65
104	101		Freedom of Information Act. If the commissioner, after consultation 66
105	102		with the chief executive officer of the applicable agency, believes the 67
106	103		requested record is exempt from disclosure pursuant to subdivision 68
107	104		(19) of subsection (b) of this section, the commissioner may direct the 69
108	105		agency to withhold such record from such person. In any appeal 70
109	106		brought under the provisions of section 1-206 of the Freedom of 71
110	107		Information Act for denial of access to records for any of the reasons 72
111	108		described in subdivision (19) of subsection (b) of this section, such 73
112	109		appeal shall be against (1) the chief executive officer of the executive 74
113	110		branch state agency or the municipal, district or regional agency that 75
114	111		issued the directive to withhold such record pursuant to subdivision 76
115		-	(19) of subsection (b) of this section, exclusively, [or,] (2) the Chief 77 Committee Bill No. 5110
	112	+	(19) of subsection (b) of this section, exclusively, [or,] (2) the Chief 77
	113	+	Committee Bill No. 5110
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122	118		Court Administrator, in the case of records concerning Judicial 78
123	119		Department facilities, [the Chief Court Administrator or,] (3) the 79
124	120		executive director of the Joint Committee on Legislative Management, 80
125	121		in the case of records concerning the Legislative Department, [the 81
126	122		executive director of the Joint Committee on Legislative Management] 82
127	123		(4) the executive director of the Connecticut Airport Authority, in the 83
128	124		case of records concerning Connecticut Airport Authority facilities, or 84
129	125		(5) the executive director of the Connecticut Port Authority, in the case 85
130	126		of records concerning Connecticut Port Authority facilities. 86
131	127		This act shall take effect as follows and shall amend the following
132	128		sections:
133	129
134	130		Section 1 October 1, 2019 1-210(b)(19)
135	131		Sec. 2 October 1, 2019 1-210(d)
136	132
137		-	GAE Joint Favorable
	133	+	Statement of Purpose:
	134	+	To include the Connecticut Airport Authority and Connecticut Port
	135	+	Authority under the security exemption to the Freedom of Information
	136	+	Act.
	137	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	138	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	139	+	not underlined.]
	140	+
	141	+	Co-Sponsors: REP. ZAWISTOWSKI, 61st Dist.
	142	+
	143	+	H.B. 5110
	144	+
138	145