Connecticut 2019 Regular Session

Connecticut House Bill HB07383 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO 5693 \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07383-R01-
4		-	HB.docx
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	3	+	LCO No. 5693 1 of 4
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7	5		General Assembly Raised Bill No. 7383
8	6		January Session, 2019
9	7		LCO No. 5693
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11	9
12		-	Referred to Committee on GOVERNMENT
13		-	~~ADMINISTRATION~~ AND ELECTIONS
	10	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	11	+	AND ELECTIONS
14	12
15	13
16	14		Introduced by:
17	15		(GAE)
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21	21		AN ACT CONCERNING TH E FREEDOM OF INFORMATION ACT.
22	22		Be it enacted by the Senate and House of Representatives in General
23	23		Assembly convened:
24	24
25	25		Section 1. Section 1-211 of the general statutes is repealed and the 1
26	26		following is substituted in lieu thereof (Effective October 1, 2019): 2
27	27		(a) Any public agency [which] that maintains public records in a 3
28	28		computer storage system shall provide, to any person making a 4
29	29		request pursuant to the Freedom of Information Act, a copy of any 5
30	30		nonexempt data contained in such records, properly identified, on 6
31	31		paper, disk, tape or any other electronic storage device or medium 7
32	32		requested by the person, including an electronic copy sent to the 8
33	33		electronic mail address of the person making such request, if the 9
34	34		agency can reasonably make any such copy or have any such copy 10
35	35		made. Except as otherwise provided by [state statute] the general 11
36	36		statutes, the cost for providing a copy of such data shall be in 12
37		-	accordance with the provisions of section 1-212. 13
38		-	(b) Except as otherwise provided by [state statute] the general 14
39		-	statutes, no public agency shall enter into a contract with, or otherwise 15 Raised Bill No. 7383
	37	+	accordance with the provisions of section 1-212. 13 Raised Bill No. 7383
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43		-	R01-HB.docx }
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	41	+	LCO No. 5693 2 of 4
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	43	+	(b) Except as otherwise provided by [state statute] the general 14
	44	+	statutes, no public agency shall enter into a contract with, or otherwise 15
46	45		obligate itself to, any person if such contract or obligation impairs the 16
47	46		right of the public under the Freedom of Information Act to inspect or 17
48	47		copy the agency's nonexempt public records existing on-line in, or 18
49	48		stored on a device or medium used in connection with, a computer 19
50	49		system owned, leased or otherwise used by the agency in the course of 20
51	50		its governmental functions. 21
52	51		(c) On and after July 1, 1992, before any public agency acquires any 22
53	52		computer system, equipment or software to store or retrieve 23
54	53		nonexempt public records, it shall consider whether such proposed 24
55	54		system, equipment or software adequately provides for the rights of 25
56	55		the public under the Freedom of Information Act at the least cost 26
57	56		possible to the agency and to persons entitled to access to nonexempt 27
58	57		public records under the Freedom of Information Act. In meeting its 28
59	58		obligations under this subsection, each state public agency shall 29
60	59		consult with the Department of Administrative Services as part of the 30
61	60		agency's design analysis prior to acquiring any such computer system, 31
62	61		equipment or software. The Department of Administrative Services 32
63	62		shall adopt written guidelines to assist municipal agencies in carrying 33
64	63		out the purposes of this subsection. Nothing in this subsection shall 34
65	64		require an agency to consult with said department prior to acquiring a 35
66	65		system, equipment or software or modifying software, if such 36
67	66		acquisition or modification is consistent with a design analysis for 37
68	67		which such agency has previously consulted with said department. 38
69	68		The Department of Administrative Services shall consult with the 39
70	69		Freedom of Information Commission on matters relating to access to 40
71	70		and disclosure of public records for the purposes of this subsection. 41
72	71		The provisions of this subsection shall not apply to software 42
73	72		modifications which would not affect the rights of the public under the 43
74	73		Freedom of Information Act. 44
75	74		Sec. 2. Subsection (c) of section 1-214 of the general statutes is 45
76	75		repealed and the following is substituted in lieu thereof (Effective 46
77		-	October 1, 2019): 47
78		-	(c) A public agency which has provided notice under subdivision 48 Raised Bill No. 7383
	76	+	October 1, 2019): 47 Raised Bill No. 7383
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	82	+	(c) A public agency which has provided notice under subdivision 48
85	83		(1) of subsection (b) of this section shall disclose the records requested 49
86	84		unless it receives a written objection from the employee concerned or 50
87	85		the employee's collective bargaining representative, if any, [within] not 51
88	86		later than seven business days [from] after the receipt by the employee 52
89	87		or such collective bargaining representative of the notice or, if there is 53
90	88		no evidence of receipt of written notice, not later than nine business 54
91	89		days from the date the notice is actually mailed, sent, posted or 55
92	90		otherwise given. Each objection filed under this subsection shall be on 56
93	91		a form prescribed by the public agency, which shall consist of a 57
94	92		statement to be signed by the employee or the employee's collective 58
95	93		bargaining representative, under the penalties of false statement, that 59
96	94		to the best of his or her knowledge, information and belief there is 60
97	95		good ground to support it and that the objection is not interposed for 61
98	96		delay. Upon the filing of an objection as provided in this subsection, 62
99	97		the agency shall not disclose the requested records unless ordered to 63
100	98		do so by the Freedom of Information Commission pursuant to section 64
101	99		1-206. Failure to comply with a request to inspect or copy records 65
102	100		under this section shall constitute a denial for the purposes of section 66
103	101		1-206. Notwithstanding any provision of this subsection or subsection 67
104	102		(b) of section 1-206 to the contrary, if an employee's collective 68
105	103		bargaining representative files a written objection under this 69
106	104		subsection, the employee may subsequently approve the disclosure of 70
107	105		the records requested by submitting a written notice to the public 71
108	106		agency. 72
109	107		This act shall take effect as follows and shall amend the following
110	108		sections:
111	109
112	110		Section 1 October 1, 2019 1-211
113	111		Sec. 2 October 1, 2019 1-214(c)
114	112
115		-	GAE Joint Favorable
	113	+	Statement of Purpose:
	114	+	To make technical revisions to provisions of the Freedom of
	115	+	Information Act. Raised Bill No. 7383
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	119	+	LCO No. 5693 4 of 4
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	121	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	122	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	123	+	not underlined.]
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