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general statutes is repealed and the following is substituted in lieu 2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