CT
Connecticut Senate Bill SB00869

Connecticut 2019 Regular Session

Connecticut Senate Bill SB00869 Compare Versions

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7+General Assembly Substitute Bill No. 869
8+January Session, 2019
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4-Substitute Senate Bill No. 869
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6-Public Act No. 19-123
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914 AN ACT CONCERNING RE COMMENDATIONS BY THE
10-CONNECTICUT AIRPORT AUTHORITY REGARDING
11-NONBUDGETED EXPENDIT URES, THE CONNECTICU T AIRPORT
12-AND AVIATION ACCOUNT AND EXEMPT RECORDS U NDER THE
13-FREEDOM OF INFORMATI ON ACT.
15+CONNECTICUT AIRPORT AUTHORITY REGARDING NONBUDGETED
16+EXPENDITURES, THE CO NNECTICUT AIRPORT AN D AVIATION
17+ACCOUNT AND THE SECU RITY EXEMPTION UNDER THE FREEDOM
18+OF INFORMATION ACT.
1419 Be it enacted by the Senate and House of Representatives in General
1520 Assembly convened:
1621
17-Section 1. Subsection (b) of section 15-120dd of the general statutes
18-is repealed and the following is substituted in lieu thereof (Effective
19-from passage):
20-(b) Notwithstanding the provisions of subdivision (3) of subsection
21-(a) of this section, the board of directors may authorize the executive
22-director to make nonbudgeted expenditures of up to [five hundred
23-thousand] one million dollars without prior board approval (1) to
24-restore operations at any airport owned or operated by the authority, if
25-such airport or the equipment of such airport is damaged as a result of
26-a natural disaster or incurs a substantial casualty loss that results in an
27-unsafe condition, or (2) where the failure to act would result in a
28-disruption of airport operations. Not later than twenty-four hours after
29-the executive director makes such nonbudgeted expenditure, the
30-executive director shall provide notification to the chairperson or vice
31-chairperson of the board of the amount of, and reason for, such
32-expenditure. Substitute Senate Bill No. 869
22+Section 1. Subsection (b) of section 15-120dd of the general statutes 1
23+is repealed and the following is substituted in lieu thereof (Effective 2
24+from passage): 3
25+(b) Notwithstanding the provisions of subdivision (3) of subsection 4
26+(a) of this section, the board of directors may authorize the executive 5
27+director to make nonbudgeted expenditures of up to [five hundred 6
28+thousand] one million dollars without prior board approval (1) to 7
29+restore operations at any airport owned or operated by the authority, if 8
30+such airport or the equipment of such airport is damaged as a result of 9
31+a natural disaster or incurs a substantial casualty loss that results in an 10
32+unsafe condition, or (2) where the failure to act would result in a 11
33+disruption of airport operations. Not later than twenty-four hours after 12
34+the executive director makes such nonbudgeted expenditure, the 13
35+executive director shall provide notification to the chairperson or vice 14
36+chairperson of the board of the amount of, and reason for, such 15
37+expenditure. 16 Substitute Bill No. 869
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34-Public Act No. 19-123 2 of 2
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36-Sec. 2. Section 13b-50c of the general statutes is repealed and the
37-following is substituted in lieu thereof (Effective from passage):
38-(a) There is established an account to be known as the "Connecticut
39-airport and aviation account" which shall be a separate, nonlapsing
40-account within the Grants and Restricted Accounts Fund established
41-pursuant to section 4-31c. The account shall contain any moneys
42-required by law to be deposited in the account. Moneys in the account
43-shall be expended by the [Commissioner of Transportation] executive
44-director of the Connecticut Airport Authority, with the approval of the
45-Secretary of the Office of Policy and Management, for [the purposes of]
46-airport and aviation-related purposes.
47-(b) Notwithstanding the provisions of section 13b-61a, on and after
48-the effective date of this section, the Commissioner of Revenue
49-Services shall deposit into said account seventy-five and three-tenths
50-per cent of the amounts received by the state from aviation fuel
51-sources from the tax imposed under section 12-587.
52-Sec. 3. Subdivision (24) of subsection (b) of section 1-210 of the
53-general statutes is repealed and the following is substituted in lieu
54-thereof (Effective October 1, 2019):
55-(24) Responses to any request for proposals or bid solicitation issued
56-by a public agency, responses by a public agency to any request for
57-proposals or bid solicitation issued by a private entity or any record or
58-file made by a public agency in connection with the contract award
59-process, until such contract is executed or negotiations for the award of
60-such contract have ended, whichever occurs earlier, provided the chief
61-executive officer of such public agency certifies that the public interest
62-in the disclosure of such responses, record or file is outweighed by the
63-public interest in the confidentiality of such responses, record or file;
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44+Sec. 2. Section 13b-50c of the general statutes is repealed and the 17
45+following is substituted in lieu thereof (Effective from passage): 18
46+(a) There is established an account to be known as the "Connecticut 19
47+airport and aviation account" which shall be a separate, nonlapsing 20
48+account within the Grants and Restricted Accounts Fund established 21
49+pursuant to section 4-31c. The account shall contain any moneys 22
50+required by law to be deposited in the account. [Moneys in the account 23
51+shall be expended by the Commissioner of Transportation, with the 24
52+approval of the Secretary of the Office of Policy and Management, for 25
53+the purposes of airport and aviation-related purposes.] 26
54+(b) Notwithstanding the provisions of section 13b-61a, on and after 27
55+the effective date of this section, the Commissioner of Revenue 28
56+Services shall deposit into said account seventy-five and three-tenths 29
57+per cent of the amounts received by the state from aviation fuel 30
58+sources from the tax imposed under section 12-587. 31
59+(c) Moneys in said account shall be transferred, in an amount and 32
60+frequency as is mutually agreed to by the Commissioner of Revenue 33
61+Services and the executive director of the Connecticut Airport 34
62+Authority established pursuant to section 15-120bb, to an account 35
63+established by said authority, which shall expend such moneys for 36
64+airport and aviation-related purposes. 37
65+Sec. 3. Subdivision (19) of subsection (b) of section 1-210 of the 38
66+general statutes is repealed and the following is substituted in lieu 39
67+thereof (Effective October 1, 2019): 40
68+(19) Records when there are reasonable grounds to believe 41
69+disclosure may result in a safety risk, including the risk of harm to any 42
70+person, any government-owned or leased institution or facility or any 43
71+fixture or appurtenance and equipment attached to, or contained in, 44
72+such institution or facility, except that such records shall be disclosed 45
73+to a law enforcement agency upon the request of the law enforcement 46
74+agency. Such reasonable grounds shall be determined (A) (i) by the 47 Substitute Bill No. 869
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81+Commissioner of Administrative Services, after consultation with the 48
82+chief executive officer of an executive branch state agency, with respect 49
83+to records concerning such agency; and (ii) by the Commissioner of 50
84+Emergency Services and Public Protection, after consultation with the 51
85+chief executive officer of a municipal, district or regional agency, with 52
86+respect to records concerning such agency; (B) by the Chief Court 53
87+Administrator with respect to records concerning the Judicial 54
88+Department; [and] (C) by the executive director of the Joint Committee 55
89+on Legislative Management, with respect to records concerning the 56
90+Legislative Department; and (D) by the executive director of the 57
91+Connecticut Airport Authority, with respect to records concerning the 58
92+Connecticut Airport Authority. As used in this section, "government-59
93+owned or leased institution or facility" includes, but is not limited to, 60
94+an institution or facility owned or leased by a public service company, 61
95+as defined in section 16-1, other than a water company, as defined in 62
96+section 25-32a, a certified telecommunications provider, as defined in 63
97+section 16-1, or a municipal utility that furnishes electric or gas service, 64
98+but does not include an institution or facility owned or leased by the 65
99+federal government, and "chief executive officer" includes, but is not 66
100+limited to, an agency head, department head, executive director or 67
101+chief executive officer. Such records include, but are not limited to: 68
102+(i) Security manuals or reports; 69
103+(ii) Engineering and architectural drawings of government-owned 70
104+or leased institutions or facilities; 71
105+(iii) Operational specifications of security systems utilized at any 72
106+government-owned or leased institution or facility, except that a 73
107+general description of any such security system and the cost and 74
108+quality of such system may be disclosed; 75
109+(iv) Training manuals prepared for government-owned or leased 76
110+institutions or facilities that describe, in any manner, security 77
111+procedures, emergency plans or security equipment; 78 Substitute Bill No. 869
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118+(v) Internal security audits of government-owned or leased 79
119+institutions or facilities; 80
120+(vi) Minutes or records of meetings, or portions of such minutes or 81
121+records, that contain or reveal information relating to security or other 82
122+records otherwise exempt from disclosure under this subdivision; 83
123+(vii) Logs or other documents that contain information on the 84
124+movement or assignment of security personnel; and 85
125+(viii) Emergency plans and emergency preparedness, response, 86
126+recovery and mitigation plans, including plans provided by a person 87
127+to a state agency or a local emergency management agency or official. 88
128+Sec. 4. Subdivision (24) of subsection (b) of section 1-210 of the 89
129+general statutes is repealed and the following is substituted in lieu 90
130+thereof (Effective October 1, 2019): 91
131+(24) Responses to any request for proposals or bid solicitation issued 92
132+by a public agency, responses by a public agency to any request for 93
133+proposals or bid solicitation, or any record or file made by a public 94
134+agency in connection with the contract award process, until such 95
135+contract is executed or negotiations for the award of such contract have 96
136+ended, whichever occurs earlier, provided the chief executive officer of 97
137+such public agency certifies that the public interest in the disclosure of 98
138+such responses, record or file is outweighed by the public interest in 99
139+the confidentiality of such responses, record or file; 100
140+Sec. 5. Subsection (d) of section 1-210 of the general statutes is 101
141+repealed and the following is substituted in lieu thereof (Effective 102
142+October 1, 2019): 103
143+(d) Whenever a public agency, except the Judicial Department, [or] 104
144+Legislative Department or Connecticut Airport Authority, receives a 105
145+request from any person for disclosure of any records described in 106
146+subdivision (19) of subsection (b) of this section under the Freedom of 107
147+Information Act, the public agency shall promptly notify the 108 Substitute Bill No. 869
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154+Commissioner of Administrative Services or the Commissioner of 109
155+Emergency Services and Public Protection, as applicable, of such 110
156+request, in the manner prescribed by such commissioner, before 111
157+complying with the request as required by the Freedom of Information 112
158+Act. If the commissioner, after consultation with the chief executive 113
159+officer of the applicable agency, believes the requested record is 114
160+exempt from disclosure pursuant to subdivision (19) of subsection (b) 115
161+of this section, the commissioner may direct the agency to withhold 116
162+such record from such person. In any appeal brought under the 117
163+provisions of section 1-206 of the Freedom of Information Act for 118
164+denial of access to records for any of the reasons described in 119
165+subdivision (19) of subsection (b) of this section, such appeal shall be 120
166+against the chief executive officer of the executive branch state agency 121
167+or the municipal, district or regional agency that issued the directive to 122
168+withhold such record pursuant to subdivision (19) of subsection (b) of 123
169+this section, exclusively, or, in the case of records concerning Judicial 124
170+Department facilities, the Chief Court Administrator or, in the case of 125
171+records concerning the Legislative Department, the executive director 126
172+of the Joint Committee on Legislative Management, or, in the case of 127
173+records concerning the Connecticut Airport Authority, the executive 128
174+director of the Connecticut Airport Authority. 129
175+This act shall take effect as follows and shall amend the following
176+sections:
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178+Section 1 from passage 15-120dd(b)
179+Sec. 2 from passage 13b-50c
180+Sec. 3 October 1, 2019 1-210(b)(19)
181+Sec. 4 October 1, 2019 1-210(b)(24)
182+Sec. 5 October 1, 2019 1-210(d)
183+
184+TRA Joint Favorable Subst.
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