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General Assembly Raised Bill No. 869
January Session, 2019
LCO No. 4027
Referred to Committee on TRANSPORTATION
Introduced by:
(TRA)
AN ACT CONCERNING RE COMMENDATIONS BY THE
CONNECTICUT AIRPORT AUTHORITY REGARDING NONBUDGETED
EXPENDITURES, THE CO NNECTICUT AIRPORT AN D AVIATION
ACCOUNT AND THE SECU RITY EXEMPTION UNDER THE FREEDOM
OF INFORMATION ACT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (b) of section 15-120dd of the general statutes 1
is repealed and the following is substituted in lieu thereof (Effective 2
from passage): 3
(b) Notwithstanding the provisions of subdivision (3) of subsection 4
(a) of this section, the board of directors may authorize the executive 5
director to make nonbudgeted expenditures of up to [five hundred 6
thousand] one million dollars without prior board approval (1) to 7
restore operations at any airport owned or operated by the authority, if 8
such airport or the equipment of such airport is damaged as a result of 9
a natural disaster or incurs a substantial casualty loss that results in an 10
unsafe condition, or (2) where the failure to act would result in a 11
disruption of airport operations. Not later than twenty-four hours after 12
the executive director makes such nonbudgeted expenditure, the 13 Raised Bill No. 869
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executive director shall provide notification to the chairperson or vice 14
chairperson of the board of the amount of, and reason for, such 15
expenditure. 16
Sec. 2. Subsection (a) of section 13b-50c of the general statutes is 17
repealed and the following is substituted in lieu thereof (Effective from 18
passage): 19
(a) There is established an account to be known as the "Connecticut 20
airport and aviation account" which shall be a separate, nonlapsing 21
account within the Grants and Restricted Accounts Fund established 22
pursuant to section 4-31c. The account shall contain any moneys 23
required by law to be deposited in the account. Moneys in the account 24
shall be expended by the [Commissioner of Transportation, with the 25
approval of the Secretary of the Office of Policy and Management,] 26
executive director of the Connecticut Airport Authority for the 27
purposes of airport and aviation-related purposes. 28
Sec. 3. Subdivision (19) of subsection (b) of section 1-210 of the 29
general statutes is repealed and the following is substituted in lieu 30
thereof (Effective October 1, 2019): 31
(19) Records when there are reasonable grounds to believe 32
disclosure may result in a safety risk, including the risk of harm to any 33
person, any government-owned or leased institution or facility or any 34
fixture or appurtenance and equipment attached to, or contained in, 35
such institution or facility, except that such records shall be disclosed 36
to a law enforcement agency upon the request of the law enforcement 37
agency. Such reasonable grounds shall be determined (A) (i) by the 38
Commissioner of Administrative Services, after consultation with the 39
chief executive officer of an executive branch state agency, with respect 40
to records concerning such agency; and (ii) by the Commissioner of 41
Emergency Services and Public Protection, after consultation with the 42
chief executive officer of a municipal, district or regional agency, with 43
respect to records concerning such agency; (B) by the Chief Court 44
Administrator with respect to records concerning the Judicial 45 Raised Bill No. 869
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Department; [and] (C) by the executive director of the Joint Committee 46
on Legislative Management, with respect to records concerning the 47
Legislative Department; and (D) by the executive director of the 48
Connecticut Airport Authority, with respect to records concerning the 49
Connecticut Airport Authority. As used in this section, "government-50
owned or leased institution or facility" includes, but is not limited to, 51
an institution or facility owned or leased by a public service company, 52
as defined in section 16-1, other than a water company, as defined in 53
section 25-32a, a certified telecommunications provider, as defined in 54
section 16-1, or a municipal utility that furnishes electric or gas service, 55
but does not include an institution or facility owned or leased by the 56
federal government, and "chief executive officer" includes, but is not 57
limited to, an agency head, department head, executive director or 58
chief executive officer. Such records include, but are not limited to: 59
(i) Security manuals or reports; 60
(ii) Engineering and architectural drawings of government-owned 61
or leased institutions or facilities; 62
(iii) Operational specifications of security systems utilized at any 63
government-owned or leased institution or facility, except that a 64
general description of any such security system and the cost and 65
quality of such system may be disclosed; 66
(iv) Training manuals prepared for government-owned or leased 67
institutions or facilities that describe, in any manner, security 68
procedures, emergency plans or security equipment; 69
(v) Internal security audits of government-owned or leased 70
institutions or facilities; 71
(vi) Minutes or records of meetings, or portions of such minutes or 72
records, that contain or reveal information relating to security or other 73
records otherwise exempt from disclosure under this subdivision; 74
(vii) Logs or other documents that contain information on the 75 Raised Bill No. 869
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movement or assignment of security personnel; and 76
(viii) Emergency plans and emergency preparedness, response, 77
recovery and mitigation plans, including plans provided by a person 78
to a state agency or a local emergency management agency or official. 79
Sec. 4. Subdivision (24) of subsection (b) of section 1-210 of the 80
general statutes is repealed and the following is substituted in lieu 81
thereof (Effective October 1, 2019): 82
(24) Responses to any request for proposals or bid solicitation issued 83
or submitted by a public agency or any record or file made by a public 84
agency in connection with the contract award process, until such 85
contract is executed or negotiations for the award of such contract have 86
ended, whichever occurs earlier, provided the chief executive officer of 87
such public agency certifies that the public interest in the disclosure of 88
such responses, record or file is outweighed by the public interest in 89
the confidentiality of such responses, record or file; 90
Sec. 5. Subsection (d) of section 1-210 of the general statutes is 91
repealed and the following is substituted in lieu thereof (Effective 92
October 1, 2019): 93
(d) Whenever a public agency, except the Judicial Department, [or] 94
Legislative Department or Connecticut Airport Authority, receives a 95
request from any person for disclosure of any records described in 96
subdivision (19) of subsection (b) of this section under the Freedom of 97
Information Act, the public agency shall promptly notify the 98
Commissioner of Administrative Services or the Commissioner of 99
Emergency Services and Public Protection, as applicable, of such 100
request, in the manner prescribed by such commissioner, before 101
complying with the request as required by the Freedom of Information 102
Act. If the commissioner, after consultation with the chief executive 103
officer of the applicable agency, believes the requested record is 104
exempt from disclosure pursuant to subdivision (19) of subsection (b) 105
of this section, the commissioner may direct the agency to withhold 106
such record from such person. In any appeal brought under the 107 Raised Bill No. 869
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provisions of section 1-206 of the Freedom of Information Act for 108
denial of access to records for any of the reasons described in 109
subdivision (19) of subsection (b) of this section, such appeal shall be 110
against the chief executive officer of the executive branch state agency 111
or the municipal, district or regional agency that issued the directive to 112
withhold such record pursuant to subdivision (19) of subsection (b) of 113
this section, exclusively, or, in the case of records concerning Judicial 114
Department facilities, the Chief Court Administrator or, in the case of 115
records concerning the Legislative Department, the executive director 116
of the Joint Committee on Legislative Management, or, in the case of 117
records concerning the Connecticut Airport Authority, the executive 118
director of the Connecticut Airport Authority. 119
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 15-120dd(b)
Sec. 2 from passage 13b-50c(a)
Sec. 3 October 1, 2019 1-210(b)(19)
Sec. 4 October 1, 2019 1-210(b)(24)
Sec. 5 October 1, 2019 1-210(d)
Statement of Purpose:
To (1) permit the executive director of the Connecticut Airport
Authority to make nonbudgeted expenditures of up to one million
dollars and expend moneys in the Connecticut airport and aviation
account, and (2) include the Connecticut Airport Authority under the
security exemptions to the Freedom of Information Act.
[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.]