33 | | - | the identity of witnesses not otherwise known whose safety would be |
---|
34 | | - | endangered or who would be subject to threat or intimidation if their |
---|
35 | | - | identity was made known, (B) the identity of minor witnesses, (C) |
---|
36 | | - | signed statements of witnesses, (D) information to be used in a |
---|
37 | | - | prospective law enforcement action if prejudicial to such action, (E) |
---|
38 | | - | investigatory techniques not otherwise known to the general public, |
---|
39 | | - | (F) arrest records of a juvenile, which shall also include any |
---|
40 | | - | investigatory files, concerning the arrest of such juvenile, compiled for |
---|
41 | | - | law enforcement purposes, (G) the name and address of the victim of a |
---|
42 | | - | sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b |
---|
43 | | - | or 53a-73a, voyeurism under section 53a-189a, [or] injury or risk of |
---|
44 | | - | injury, or impairing of morals under section 53-21 or family violence, |
---|
45 | | - | as defined in section 46b-38a, or of an attempt thereof, or (H) |
---|
46 | | - | uncorroborated allegations subject to destruction pursuant to section 1- |
---|
47 | | - | 216; |
---|
48 | | - | (4) Records pertaining to strategy and negotiations with respect to |
---|
49 | | - | pending claims or pending litigation to which the public agency is a |
---|
50 | | - | party until such litigation or claim has been finally adjudicated or |
---|
51 | | - | otherwise settled; |
---|
52 | | - | (5) (A) Trade secrets, which for purposes of the Freedom of |
---|
53 | | - | Information Act, are defined as information, including formulas, |
---|
54 | | - | patterns, compilations, programs, devices, methods, techniques, |
---|
55 | | - | processes, drawings, cost data, customer lists, film or television scripts |
---|
56 | | - | or detailed production budgets that (i) derive independent economic |
---|
57 | | - | value, actual or potential, from not being generally known to, and not |
---|
58 | | - | being readily ascertainable by proper means by, other persons who can |
---|
59 | | - | obtain economic value from their disclosure or use, and (ii) are the |
---|
60 | | - | subject of efforts that are reasonable under the circumstances to |
---|
61 | | - | maintain secrecy; and |
---|
62 | | - | (B) Commercial or financial information given in confidence, not |
---|
63 | | - | required by statute; Senate Bill No. 1105 |
---|
| 41 | + | LCO 6353 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01105- |
---|
| 42 | + | R01-SB.docx } |
---|
| 43 | + | 2 of 9 |
---|
65 | | - | Public Act No. 19-43 3 of 9 |
---|
| 45 | + | detection or investigation of crime, if the disclosure of [said] such 13 |
---|
| 46 | + | records would not be in the public interest because it would result in 14 |
---|
| 47 | + | the disclosure of (A) the identity of informants not otherwise known or 15 |
---|
| 48 | + | the identity of witnesses not otherwise known whose safety would be 16 |
---|
| 49 | + | endangered or who would be subject to threat or intimidation if their 17 |
---|
| 50 | + | identity was made known, (B) the identity of minor witnesses, (C) 18 |
---|
| 51 | + | signed statements of witnesses, (D) information to be used in a 19 |
---|
| 52 | + | prospective law enforcement action if prejudicial to such action, (E) 20 |
---|
| 53 | + | investigatory techniques not otherwise known to the general public, 21 |
---|
| 54 | + | (F) arrest records of a juvenile, which shall also include any 22 |
---|
| 55 | + | investigatory files, concerning the arrest of such juvenile, compiled for 23 |
---|
| 56 | + | law enforcement purposes, (G) the name and address of the victim of a 24 |
---|
| 57 | + | sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b 25 |
---|
| 58 | + | or 53a-73a, voyeurism under section 53a-189a, [or] injury or risk of 26 |
---|
| 59 | + | injury, or impairing of morals under section 53-21 or family violence, 27 |
---|
| 60 | + | as defined in section 46b-38a, or of an attempt thereof, or (H) 28 |
---|
| 61 | + | uncorroborated allegations subject to destruction pursuant to section 1-29 |
---|
| 62 | + | 216; 30 |
---|
| 63 | + | (4) Records pertaining to strategy and negotiations with respect to 31 |
---|
| 64 | + | pending claims or pending litigation to which the public agency is a 32 |
---|
| 65 | + | party until such litigation or claim has been finally adjudicated or 33 |
---|
| 66 | + | otherwise settled; 34 |
---|
| 67 | + | (5) (A) Trade secrets, which for purposes of the Freedom of 35 |
---|
| 68 | + | Information Act, are defined as information, including formulas, 36 |
---|
| 69 | + | patterns, compilations, programs, devices, methods, techniques, 37 |
---|
| 70 | + | processes, drawings, cost data, customer lists, film or television scripts 38 |
---|
| 71 | + | or detailed production budgets that (i) derive independent economic 39 |
---|
| 72 | + | value, actual or potential, from not being generally known to, and not 40 |
---|
| 73 | + | being readily ascertainable by proper means by, other persons who can 41 |
---|
| 74 | + | obtain economic value from their disclosure or use, and (ii) are the 42 |
---|
| 75 | + | subject of efforts that are reasonable under the circumstances to 43 |
---|
| 76 | + | maintain secrecy; and 44 |
---|
| 77 | + | (B) Commercial or financial information given in confidence, not 45 Raised Bill No. 1105 |
---|
67 | | - | (6) Test questions, scoring keys and other examination data used to |
---|
68 | | - | administer a licensing examination, examination for employment or |
---|
69 | | - | academic examinations; |
---|
70 | | - | (7) The contents of real estate appraisals, engineering or feasibility |
---|
71 | | - | estimates and evaluations made for or by an agency relative to the |
---|
72 | | - | acquisition of property or to prospective public supply and |
---|
73 | | - | construction contracts, until such time as all of the property has been |
---|
74 | | - | acquired or all proceedings or transactions have been terminated or |
---|
75 | | - | abandoned, provided the law of eminent domain shall not be affected |
---|
76 | | - | by this provision; |
---|
77 | | - | (8) Statements of personal worth or personal financial data required |
---|
78 | | - | by a licensing agency and filed by an applicant with such licensing |
---|
79 | | - | agency to establish the applicant's personal qualification for the |
---|
80 | | - | license, certificate or permit applied for; |
---|
81 | | - | (9) Records, reports and statements of strategy or negotiations with |
---|
82 | | - | respect to collective bargaining; |
---|
83 | | - | (10) Records, tax returns, reports and statements exempted by |
---|
84 | | - | federal law or the general statutes or communications privileged by |
---|
85 | | - | the attorney-client relationship, marital relationship, clergy-penitent |
---|
86 | | - | relationship, doctor-patient relationship, therapist-patient relationship |
---|
87 | | - | or any other privilege established by the common law or the general |
---|
88 | | - | statutes, including any such records, tax returns, reports or |
---|
89 | | - | communications that were created or made prior to the establishment |
---|
90 | | - | of the applicable privilege under the common law or the general |
---|
91 | | - | statutes; |
---|
92 | | - | (11) Names or addresses of students enrolled in any public school or |
---|
93 | | - | college without the consent of each student whose name or address is |
---|
94 | | - | to be disclosed who is eighteen years of age or older and a parent or |
---|
95 | | - | guardian of each such student who is younger than eighteen years of Senate Bill No. 1105 |
---|
99 | | - | age, provided this subdivision shall not be construed as prohibiting the |
---|
100 | | - | disclosure of the names or addresses of students enrolled in any public |
---|
101 | | - | school in a regional school district to the board of selectmen or town |
---|
102 | | - | board of finance, as the case may be, of the town wherein the student |
---|
103 | | - | resides for the purpose of verifying tuition payments made to such |
---|
104 | | - | school; |
---|
105 | | - | (12) Any information obtained by the use of illegal means; |
---|
106 | | - | (13) Records of an investigation or the name of an employee |
---|
107 | | - | providing information under the provisions of section 4-61dd or |
---|
108 | | - | sections 4-276 to 4-280, inclusive; |
---|
109 | | - | (14) Adoption records and information provided for in sections 45a- |
---|
110 | | - | 746, 45a-750 and 45a-751; |
---|
111 | | - | (15) Any page of a primary petition, nominating petition, |
---|
112 | | - | referendum petition or petition for a town meeting submitted under |
---|
113 | | - | any provision of the general statutes or of any special act, municipal |
---|
114 | | - | charter or ordinance, until the required processing and certification of |
---|
115 | | - | such page has been completed by the official or officials charged with |
---|
116 | | - | such duty after which time disclosure of such page shall be required; |
---|
117 | | - | (16) Records of complaints, including information compiled in the |
---|
118 | | - | investigation thereof, brought to a municipal health authority pursuant |
---|
119 | | - | to chapter 368e or a district department of health pursuant to chapter |
---|
120 | | - | 368f, until such time as the investigation is concluded or thirty days |
---|
121 | | - | from the date of receipt of the complaint, whichever occurs first; |
---|
122 | | - | (17) Educational records which are not subject to disclosure under |
---|
123 | | - | the Family Educational Rights and Privacy Act, 20 USC 1232g; |
---|
124 | | - | (18) Records, the disclosure of which the Commissioner of |
---|
125 | | - | Correction, or as it applies to Whiting Forensic Hospital, the |
---|
126 | | - | Commissioner of Mental Health and Addiction Services, has Senate Bill No. 1105 |
---|
| 84 | + | required by statute; 46 |
---|
| 85 | + | (6) Test questions, scoring keys and other examination data used to 47 |
---|
| 86 | + | administer a licensing examination, examination for employment or 48 |
---|
| 87 | + | academic examinations; 49 |
---|
| 88 | + | (7) The contents of real estate appraisals, engineering or feasibility 50 |
---|
| 89 | + | estimates and evaluations made for or by an agency relative to the 51 |
---|
| 90 | + | acquisition of property or to prospective public supply and 52 |
---|
| 91 | + | construction contracts, until such time as all of the property has been 53 |
---|
| 92 | + | acquired or all proceedings or transactions have been terminated or 54 |
---|
| 93 | + | abandoned, provided the law of eminent domain shall not be affected 55 |
---|
| 94 | + | by this provision; 56 |
---|
| 95 | + | (8) Statements of personal worth or personal financial data required 57 |
---|
| 96 | + | by a licensing agency and filed by an applicant with such licensing 58 |
---|
| 97 | + | agency to establish the applicant's personal qualification for the 59 |
---|
| 98 | + | license, certificate or permit applied for; 60 |
---|
| 99 | + | (9) Records, reports and statements of strategy or negotiations with 61 |
---|
| 100 | + | respect to collective bargaining; 62 |
---|
| 101 | + | (10) Records, tax returns, reports and statements exempted by 63 |
---|
| 102 | + | federal law or the general statutes or communications privileged by 64 |
---|
| 103 | + | the attorney-client relationship, marital relationship, clergy-penitent 65 |
---|
| 104 | + | relationship, doctor-patient relationship, therapist-patient relationship 66 |
---|
| 105 | + | or any other privilege established by the common law or the general 67 |
---|
| 106 | + | statutes, including any such records, tax returns, reports or 68 |
---|
| 107 | + | communications that were created or made prior to the establishment 69 |
---|
| 108 | + | of the applicable privilege under the common law or the general 70 |
---|
| 109 | + | statutes; 71 |
---|
| 110 | + | (11) Names or addresses of students enrolled in any public school or 72 |
---|
| 111 | + | college without the consent of each student whose name or address is 73 |
---|
| 112 | + | to be disclosed who is eighteen years of age or older and a parent or 74 |
---|
| 113 | + | guardian of each such student who is younger than eighteen years of 75 |
---|
| 114 | + | age, provided this subdivision shall not be construed as prohibiting the 76 Raised Bill No. 1105 |
---|
130 | | - | reasonable grounds to believe may result in a safety risk, including the |
---|
131 | | - | risk of harm to any person or the risk of an escape from, or a disorder |
---|
132 | | - | in, a correctional institution or facility under the supervision of the |
---|
133 | | - | Department of Correction or Whiting Forensic Hospital. Such records |
---|
134 | | - | shall include, but are not limited to: |
---|
135 | | - | (A) Security manuals, including emergency plans contained or |
---|
136 | | - | referred to in such security manuals; |
---|
137 | | - | (B) Engineering and architectural drawings of correctional |
---|
138 | | - | institutions or facilities or Whiting Forensic Hospital facilities; |
---|
139 | | - | (C) Operational specifications of security systems utilized by the |
---|
140 | | - | Department of Correction at any correctional institution or facility or |
---|
141 | | - | Whiting Forensic Hospital facilities, except that a general description |
---|
142 | | - | of any such security system and the cost and quality of such system |
---|
143 | | - | may be disclosed; |
---|
144 | | - | (D) Training manuals prepared for correctional institutions and |
---|
145 | | - | facilities or Whiting Forensic Hospital facilities that describe, in any |
---|
146 | | - | manner, security procedures, emergency plans or security equipment; |
---|
147 | | - | (E) Internal security audits of correctional institutions and facilities |
---|
148 | | - | or Whiting Forensic Hospital facilities; |
---|
149 | | - | (F) Minutes or recordings of staff meetings of the Department of |
---|
150 | | - | Correction or Whiting Forensic Hospital facilities, or portions of such |
---|
151 | | - | minutes or recordings, that contain or reveal information relating to |
---|
152 | | - | security or other records otherwise exempt from disclosure under this |
---|
153 | | - | subdivision; |
---|
154 | | - | (G) Logs or other documents that contain information on the |
---|
155 | | - | movement or assignment of inmates or staff at correctional institutions |
---|
156 | | - | or facilities; and Senate Bill No. 1105 |
---|
| 117 | + | LCO 6353 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01105- |
---|
| 118 | + | R01-SB.docx } |
---|
| 119 | + | 4 of 9 |
---|
158 | | - | Public Act No. 19-43 6 of 9 |
---|
| 121 | + | disclosure of the names or addresses of students enrolled in any public 77 |
---|
| 122 | + | school in a regional school district to the board of selectmen or town 78 |
---|
| 123 | + | board of finance, as the case may be, of the town wherein the student 79 |
---|
| 124 | + | resides for the purpose of verifying tuition payments made to such 80 |
---|
| 125 | + | school; 81 |
---|
| 126 | + | (12) Any information obtained by the use of illegal means; 82 |
---|
| 127 | + | (13) Records of an investigation or the name of an employee 83 |
---|
| 128 | + | providing information under the provisions of section 4-61dd or 84 |
---|
| 129 | + | sections 4-276 to 4-280, inclusive; 85 |
---|
| 130 | + | (14) Adoption records and information provided for in sections 45a-86 |
---|
| 131 | + | 746, 45a-750 and 45a-751; 87 |
---|
| 132 | + | (15) Any page of a primary petition, nominating petition, 88 |
---|
| 133 | + | referendum petition or petition for a town meeting submitted under 89 |
---|
| 134 | + | any provision of the general statutes or of any special act, municipal 90 |
---|
| 135 | + | charter or ordinance, until the required processing and certification of 91 |
---|
| 136 | + | such page has been completed by the official or officials charged with 92 |
---|
| 137 | + | such duty after which time disclosure of such page shall be required; 93 |
---|
| 138 | + | (16) Records of complaints, including information compiled in the 94 |
---|
| 139 | + | investigation thereof, brought to a municipal health authority pursuant 95 |
---|
| 140 | + | to chapter 368e or a district department of health pursuant to chapter 96 |
---|
| 141 | + | 368f, until such time as the investigation is concluded or thirty days 97 |
---|
| 142 | + | from the date of receipt of the complaint, whichever occurs first; 98 |
---|
| 143 | + | (17) Educational records which are not subject to disclosure under 99 |
---|
| 144 | + | the Family Educational Rights and Privacy Act, 20 USC 1232g; 100 |
---|
| 145 | + | (18) Records, the disclosure of which the Commissioner of 101 |
---|
| 146 | + | Correction, or as it applies to Whiting Forensic Hospital, the 102 |
---|
| 147 | + | Commissioner of Mental Health and Addiction Services, has 103 |
---|
| 148 | + | reasonable grounds to believe may result in a safety risk, including the 104 |
---|
| 149 | + | risk of harm to any person or the risk of an escape from, or a disorder 105 |
---|
| 150 | + | in, a correctional institution or facility under the supervision of the 106 Raised Bill No. 1105 |
---|
160 | | - | (H) Records that contain information on contacts between inmates, |
---|
161 | | - | as defined in section 18-84, and law enforcement officers; |
---|
162 | | - | (19) Records when there are reasonable grounds to believe |
---|
163 | | - | disclosure may result in a safety risk, including the risk of harm to any |
---|
164 | | - | person, any government-owned or leased institution or facility or any |
---|
165 | | - | fixture or appurtenance and equipment attached to, or contained in, |
---|
166 | | - | such institution or facility, except that such records shall be disclosed |
---|
167 | | - | to a law enforcement agency upon the request of the law enforcement |
---|
168 | | - | agency. Such reasonable grounds shall be determined (A) (i) by the |
---|
169 | | - | Commissioner of Administrative Services, after consultation with the |
---|
170 | | - | chief executive officer of an executive branch state agency, with respect |
---|
171 | | - | to records concerning such agency; and (ii) by the Commissioner of |
---|
172 | | - | Emergency Services and Public Protection, after consultation with the |
---|
173 | | - | chief executive officer of a municipal, district or regional agency, with |
---|
174 | | - | respect to records concerning such agency; (B) by the Chief Court |
---|
175 | | - | Administrator with respect to records concerning the Judicial |
---|
176 | | - | Department; and (C) by the executive director of the Joint Committee |
---|
177 | | - | on Legislative Management, with respect to records concerning the |
---|
178 | | - | Legislative Department. As used in this section, "government-owned |
---|
179 | | - | or leased institution or facility" includes, but is not limited to, an |
---|
180 | | - | institution or facility owned or leased by a public service company, as |
---|
181 | | - | defined in section 16-1, other than a water company, as defined in |
---|
182 | | - | section 25-32a, a certified telecommunications provider, as defined in |
---|
183 | | - | section 16-1, or a municipal utility that furnishes electric or gas service, |
---|
184 | | - | but does not include an institution or facility owned or leased by the |
---|
185 | | - | federal government, and "chief executive officer" includes, but is not |
---|
186 | | - | limited to, an agency head, department head, executive director or |
---|
187 | | - | chief executive officer. Such records include, but are not limited to: |
---|
188 | | - | (i) Security manuals or reports; |
---|
189 | | - | (ii) Engineering and architectural drawings of government-owned |
---|
190 | | - | or leased institutions or facilities; Senate Bill No. 1105 |
---|
194 | | - | (iii) Operational specifications of security systems utilized at any |
---|
195 | | - | government-owned or leased institution or facility, except that a |
---|
196 | | - | general description of any such security system and the cost and |
---|
197 | | - | quality of such system may be disclosed; |
---|
198 | | - | (iv) Training manuals prepared for government-owned or leased |
---|
199 | | - | institutions or facilities that describe, in any manner, security |
---|
200 | | - | procedures, emergency plans or security equipment; |
---|
201 | | - | (v) Internal security audits of government-owned or leased |
---|
202 | | - | institutions or facilities; |
---|
203 | | - | (vi) Minutes or records of meetings, or portions of such minutes or |
---|
204 | | - | records, that contain or reveal information relating to security or other |
---|
205 | | - | records otherwise exempt from disclosure under this subdivision; |
---|
206 | | - | (vii) Logs or other documents that contain information on the |
---|
207 | | - | movement or assignment of security personnel; and |
---|
208 | | - | (viii) Emergency plans and emergency preparedness, response, |
---|
209 | | - | recovery and mitigation plans, including plans provided by a person |
---|
210 | | - | to a state agency or a local emergency management agency or official; |
---|
211 | | - | [.] |
---|
212 | | - | (20) Records of standards, procedures, processes, software and |
---|
213 | | - | codes, not otherwise available to the public, the disclosure of which |
---|
214 | | - | would compromise the security or integrity of an information |
---|
215 | | - | technology system; |
---|
216 | | - | (21) The residential, work or school address of any participant in the |
---|
217 | | - | address confidentiality program established pursuant to sections 54- |
---|
218 | | - | 240 to 54-240o, inclusive; |
---|
219 | | - | (22) The electronic mail address of any person that is obtained by |
---|
220 | | - | the Department of Transportation in connection with the Senate Bill No. 1105 |
---|
| 157 | + | Department of Correction or Whiting Forensic Hospital. Such records 107 |
---|
| 158 | + | shall include, but are not limited to: 108 |
---|
| 159 | + | (A) Security manuals, including emergency plans contained or 109 |
---|
| 160 | + | referred to in such security manuals; 110 |
---|
| 161 | + | (B) Engineering and architectural drawings of correctional 111 |
---|
| 162 | + | institutions or facilities or Whiting Forensic Hospital facilities; 112 |
---|
| 163 | + | (C) Operational specifications of security systems utilized by the 113 |
---|
| 164 | + | Department of Correction at any correctional institution or facility or 114 |
---|
| 165 | + | Whiting Forensic Hospital facilities, except that a general description 115 |
---|
| 166 | + | of any such security system and the cost and quality of such system 116 |
---|
| 167 | + | may be disclosed; 117 |
---|
| 168 | + | (D) Training manuals prepared for correctional institutions and 118 |
---|
| 169 | + | facilities or Whiting Forensic Hospital facilities that describe, in any 119 |
---|
| 170 | + | manner, security procedures, emergency plans or security equipment; 120 |
---|
| 171 | + | (E) Internal security audits of correctional institutions and facilities 121 |
---|
| 172 | + | or Whiting Forensic Hospital facilities; 122 |
---|
| 173 | + | (F) Minutes or recordings of staff meetings of the Department of 123 |
---|
| 174 | + | Correction or Whiting Forensic Hospital facilities, or portions of such 124 |
---|
| 175 | + | minutes or recordings, that contain or reveal information relating to 125 |
---|
| 176 | + | security or other records otherwise exempt from disclosure under this 126 |
---|
| 177 | + | subdivision; 127 |
---|
| 178 | + | (G) Logs or other documents that contain information on the 128 |
---|
| 179 | + | movement or assignment of inmates or staff at correctional institutions 129 |
---|
| 180 | + | or facilities; and 130 |
---|
| 181 | + | (H) Records that contain information on contacts between inmates, 131 |
---|
| 182 | + | as defined in section 18-84, and law enforcement officers; 132 |
---|
| 183 | + | (19) Records when there are reasonable grounds to believe 133 |
---|
| 184 | + | disclosure may result in a safety risk, including the risk of harm to any 134 Raised Bill No. 1105 |
---|
224 | | - | implementation or administration of any plan to inform individuals |
---|
225 | | - | about significant highway or railway incidents; |
---|
226 | | - | (23) The name or address of any minor enrolled in any parks and |
---|
227 | | - | recreation program administered or sponsored by any public agency; |
---|
228 | | - | (24) Responses to any request for proposals or bid solicitation issued |
---|
229 | | - | by a public agency or any record or file made by a public agency in |
---|
230 | | - | connection with the contract award process, until such contract is |
---|
231 | | - | executed or negotiations for the award of such contract have ended, |
---|
232 | | - | whichever occurs earlier, provided the chief executive officer of such |
---|
233 | | - | public agency certifies that the public interest in the disclosure of such |
---|
234 | | - | responses, record or file is outweighed by the public interest in the |
---|
235 | | - | confidentiality of such responses, record or file; |
---|
236 | | - | (25) The name, address, telephone number or electronic mail |
---|
237 | | - | address of any person enrolled in any senior center program or any |
---|
238 | | - | member of a senior center administered or sponsored by any public |
---|
239 | | - | agency; |
---|
240 | | - | (26) All records obtained during the course of inspection, |
---|
241 | | - | investigation, examination and audit activities of an institution, as |
---|
242 | | - | defined in section 19a-490, that are confidential pursuant to a contract |
---|
243 | | - | between the Department of Public Health and the United States |
---|
244 | | - | Department of Health and Human Services relating to the Medicare |
---|
245 | | - | and Medicaid programs; |
---|
246 | | - | (27) Any record created by a law enforcement agency or other |
---|
247 | | - | federal, state, or municipal governmental agency consisting of a |
---|
248 | | - | photograph, film, video or digital or other visual image depicting the |
---|
249 | | - | victim of a homicide, to the extent that such record could reasonably |
---|
250 | | - | be expected to constitute an unwarranted invasion of the personal |
---|
251 | | - | privacy of the victim or the victim's surviving family members; |
---|
252 | | - | (28) Any documentation provided to or obtained by an executive Senate Bill No. 1105 |
---|
| 187 | + | LCO 6353 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01105- |
---|
| 188 | + | R01-SB.docx } |
---|
| 189 | + | 6 of 9 |
---|
254 | | - | Public Act No. 19-43 9 of 9 |
---|
| 191 | + | person, any government-owned or leased institution or facility or any 135 |
---|
| 192 | + | fixture or appurtenance and equipment attached to, or contained in, 136 |
---|
| 193 | + | such institution or facility, except that such records shall be disclosed 137 |
---|
| 194 | + | to a law enforcement agency upon the request of the law enforcement 138 |
---|
| 195 | + | agency. Such reasonable grounds shall be determined (A) (i) by the 139 |
---|
| 196 | + | Commissioner of Administrative Services, after consultation with the 140 |
---|
| 197 | + | chief executive officer of an executive branch state agency, with respect 141 |
---|
| 198 | + | to records concerning such agency; and (ii) by the Commissioner of 142 |
---|
| 199 | + | Emergency Services and Public Protection, after consultation with the 143 |
---|
| 200 | + | chief executive officer of a municipal, district or regional agency, with 144 |
---|
| 201 | + | respect to records concerning such agency; (B) by the Chief Court 145 |
---|
| 202 | + | Administrator with respect to records concerning the Judicial 146 |
---|
| 203 | + | Department; and (C) by the executive director of the Joint Committee 147 |
---|
| 204 | + | on Legislative Management, with respect to records concerning the 148 |
---|
| 205 | + | Legislative Department. As used in this section, "government-owned 149 |
---|
| 206 | + | or leased institution or facility" includes, but is not limited to, an 150 |
---|
| 207 | + | institution or facility owned or leased by a public service company, as 151 |
---|
| 208 | + | defined in section 16-1, other than a water company, as defined in 152 |
---|
| 209 | + | section 25-32a, a certified telecommunications provider, as defined in 153 |
---|
| 210 | + | section 16-1, or a municipal utility that furnishes electric or gas service, 154 |
---|
| 211 | + | but does not include an institution or facility owned or leased by the 155 |
---|
| 212 | + | federal government, and "chief executive officer" includes, but is not 156 |
---|
| 213 | + | limited to, an agency head, department head, executive director or 157 |
---|
| 214 | + | chief executive officer. Such records include, but are not limited to: 158 |
---|
| 215 | + | (i) Security manuals or reports; 159 |
---|
| 216 | + | (ii) Engineering and architectural drawings of government-owned 160 |
---|
| 217 | + | or leased institutions or facilities; 161 |
---|
| 218 | + | (iii) Operational specifications of security systems utilized at any 162 |
---|
| 219 | + | government-owned or leased institution or facility, except that a 163 |
---|
| 220 | + | general description of any such security system and the cost and 164 |
---|
| 221 | + | quality of such system may be disclosed; 165 |
---|
| 222 | + | (iv) Training manuals prepared for government-owned or leased 166 Raised Bill No. 1105 |
---|
256 | | - | branch agency, including documentation provided or obtained prior to |
---|
257 | | - | May 25, 2016, relating to claims of faulty or failing concrete |
---|
258 | | - | foundations in residential buildings by the owners of such residential |
---|
259 | | - | buildings, and documents prepared by an executive branch agency |
---|
260 | | - | relating to such documentation, for seven years after the date of receipt |
---|
261 | | - | of the documentation or seven years after May 25, 2016, whichever is |
---|
262 | | - | later. |
---|
263 | | - | Sec. 2. Subsection (b) of section 1-215 of the general statutes is |
---|
264 | | - | repealed and the following is substituted in lieu thereof (Effective |
---|
265 | | - | October 1, 2019): |
---|
266 | | - | (b) Notwithstanding any provision of the general statutes, and |
---|
267 | | - | except as otherwise provided in this section, any record of the arrest of |
---|
268 | | - | any person shall be a public record from the time of such arrest and |
---|
269 | | - | shall be disclosed in accordance with the provisions of section 1-212 |
---|
270 | | - | and subsection (a) of section 1-210. No law enforcement agency shall |
---|
271 | | - | redact any record of the arrest of any person, except for (1) the identity |
---|
272 | | - | of witnesses, (2) the name, address or other identifying information of |
---|
273 | | - | any victim of sexual assault under section 53a-70, 53a-70a, 53a-71, 53a- |
---|
274 | | - | 72a, 53a-72b or 53a-73a, voyeurism under section 53a-189a, injury or |
---|
275 | | - | risk of injury, or impairing of morals under section 53-21 or family |
---|
276 | | - | violence, as defined in section 46b-38a, or of an attempt thereof, (3) |
---|
277 | | - | specific information about the commission of a crime, the disclosure of |
---|
278 | | - | which the law enforcement agency reasonably believes may prejudice |
---|
279 | | - | a pending prosecution or a prospective law enforcement action, or [(3)] |
---|
280 | | - | (4) any information that a judicial authority has ordered to be sealed |
---|
281 | | - | from public inspection or disclosure. Any personal possessions or |
---|
282 | | - | effects found on a person at the time of such person's arrest shall not |
---|
283 | | - | be disclosed unless such possessions or effects are relevant to the crime |
---|
284 | | - | for which such person was arrested. |
---|
| 224 | + | |
---|
| 225 | + | LCO 6353 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01105- |
---|
| 226 | + | R01-SB.docx } |
---|
| 227 | + | 7 of 9 |
---|
| 228 | + | |
---|
| 229 | + | institutions or facilities that describe, in any manner, security 167 |
---|
| 230 | + | procedures, emergency plans or security equipment; 168 |
---|
| 231 | + | (v) Internal security audits of government-owned or leased 169 |
---|
| 232 | + | institutions or facilities; 170 |
---|
| 233 | + | (vi) Minutes or records of meetings, or portions of such minutes or 171 |
---|
| 234 | + | records, that contain or reveal information relating to security or other 172 |
---|
| 235 | + | records otherwise exempt from disclosure under this subdivision; 173 |
---|
| 236 | + | (vii) Logs or other documents that contain information on the 174 |
---|
| 237 | + | movement or assignment of security personnel; and 175 |
---|
| 238 | + | (viii) Emergency plans and emergency preparedness, response, 176 |
---|
| 239 | + | recovery and mitigation plans, including plans provided by a person 177 |
---|
| 240 | + | to a state agency or a local emergency management agency or official. 178 |
---|
| 241 | + | (20) Records of standards, procedures, processes, software and 179 |
---|
| 242 | + | codes, not otherwise available to the public, the disclosure of which 180 |
---|
| 243 | + | would compromise the security or integrity of an information 181 |
---|
| 244 | + | technology system; 182 |
---|
| 245 | + | (21) The residential, work or school address of any participant in the 183 |
---|
| 246 | + | address confidentiality program established pursuant to sections 54-184 |
---|
| 247 | + | 240 to 54-240o, inclusive; 185 |
---|
| 248 | + | (22) The electronic mail address of any person that is obtained by 186 |
---|
| 249 | + | the Department of Transportation in connection with the 187 |
---|
| 250 | + | implementation or administration of any plan to inform individuals 188 |
---|
| 251 | + | about significant highway or railway incidents; 189 |
---|
| 252 | + | (23) The name or address of any minor enrolled in any parks and 190 |
---|
| 253 | + | recreation program administered or sponsored by any public agency; 191 |
---|
| 254 | + | (24) Responses to any request for proposals or bid solicitation issued 192 |
---|
| 255 | + | by a public agency or any record or file made by a public agency in 193 |
---|
| 256 | + | connection with the contract award process, until such contract is 194 Raised Bill No. 1105 |
---|
| 257 | + | |
---|
| 258 | + | |
---|
| 259 | + | LCO 6353 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01105- |
---|
| 260 | + | R01-SB.docx } |
---|
| 261 | + | 8 of 9 |
---|
| 262 | + | |
---|
| 263 | + | executed or negotiations for the award of such contract have ended, 195 |
---|
| 264 | + | whichever occurs earlier, provided the chief executive officer of such 196 |
---|
| 265 | + | public agency certifies that the public interest in the disclosure of such 197 |
---|
| 266 | + | responses, record or file is outweighed by the public interest in the 198 |
---|
| 267 | + | confidentiality of such responses, record or file; 199 |
---|
| 268 | + | (25) The name, address, telephone number or electronic mail 200 |
---|
| 269 | + | address of any person enrolled in any senior center program or any 201 |
---|
| 270 | + | member of a senior center administered or sponsored by any public 202 |
---|
| 271 | + | agency; 203 |
---|
| 272 | + | (26) All records obtained during the course of inspection, 204 |
---|
| 273 | + | investigation, examination and audit activities of an institution, as 205 |
---|
| 274 | + | defined in section 19a-490, that are confidential pursuant to a contract 206 |
---|
| 275 | + | between the Department of Public Health and the United States 207 |
---|
| 276 | + | Department of Health and Human Services relating to the Medicare 208 |
---|
| 277 | + | and Medicaid programs; 209 |
---|
| 278 | + | (27) Any record created by a law enforcement agency or other 210 |
---|
| 279 | + | federal, state, or municipal governmental agency consisting of a 211 |
---|
| 280 | + | photograph, film, video or digital or other visual image depicting the 212 |
---|
| 281 | + | victim of a homicide, to the extent that such record could reasonably 213 |
---|
| 282 | + | be expected to constitute an unwarranted invasion of the personal 214 |
---|
| 283 | + | privacy of the victim or the victim's surviving family members; 215 |
---|
| 284 | + | (28) Any documentation provided to or obtained by an executive 216 |
---|
| 285 | + | branch agency, including documentation provided or obtained prior to 217 |
---|
| 286 | + | May 25, 2016, relating to claims of faulty or failing concrete 218 |
---|
| 287 | + | foundations in residential buildings by the owners of such residential 219 |
---|
| 288 | + | buildings, and documents prepared by an executive branch agency 220 |
---|
| 289 | + | relating to such documentation, for seven years after the date of receipt 221 |
---|
| 290 | + | of the documentation or seven years after May 25, 2016, whichever is 222 |
---|
| 291 | + | later. 223 |
---|
| 292 | + | Sec. 2. Subsection (b) of section 1-215 of the general statutes is 224 |
---|
| 293 | + | repealed and the following is substituted in lieu thereof (Effective 225 Raised Bill No. 1105 |
---|
| 294 | + | |
---|
| 295 | + | |
---|
| 296 | + | LCO 6353 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01105- |
---|
| 297 | + | R01-SB.docx } |
---|
| 298 | + | 9 of 9 |
---|
| 299 | + | |
---|
| 300 | + | October 1, 2019): 226 |
---|
| 301 | + | (b) Notwithstanding any provision of the general statutes, and 227 |
---|
| 302 | + | except as otherwise provided in this section, any record of the arrest of 228 |
---|
| 303 | + | any person shall be a public record from the time of such arrest and 229 |
---|
| 304 | + | shall be disclosed in accordance with the provisions of section 1-212 230 |
---|
| 305 | + | and subsection (a) of section 1-210. No law enforcement agency shall 231 |
---|
| 306 | + | redact any record of the arrest of any person, except for (1) the identity 232 |
---|
| 307 | + | of witnesses, (2) the name, address or other identifying information of 233 |
---|
| 308 | + | any victim of sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-234 |
---|
| 309 | + | 72a, 53a-72b or 53a-73a, voyeurism under section 53a-189a, injury or 235 |
---|
| 310 | + | risk of injury, or impairing of morals under section 53-21 or family 236 |
---|
| 311 | + | violence, as defined in section 46b-38a, or of an attempt thereof, [(2)] 237 |
---|
| 312 | + | (3) specific information about the commission of a crime, the disclosure 238 |
---|
| 313 | + | of which the law enforcement agency reasonably believes may 239 |
---|
| 314 | + | prejudice a pending prosecution or a prospective law enforcement 240 |
---|
| 315 | + | action, or [(3)] (4) any information that a judicial authority has ordered 241 |
---|
| 316 | + | to be sealed from public inspection or disclosure. Any personal 242 |
---|
| 317 | + | possessions or effects found on a person at the time of such person's 243 |
---|
| 318 | + | arrest shall not be disclosed unless such possessions or effects are 244 |
---|
| 319 | + | relevant to the crime for which such person was arrested. 245 |
---|
| 320 | + | This act shall take effect as follows and shall amend the following |
---|
| 321 | + | sections: |
---|
| 322 | + | |
---|
| 323 | + | Section 1 October 1, 2019 1-210(b) |
---|
| 324 | + | Sec. 2 October 1, 2019 1-215(b) |
---|
| 325 | + | |
---|
| 326 | + | GAE Joint Favorable |
---|