LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06193-R02-
HB.docx
1 of 3
General Assembly Substitute Bill No. 6193
January Session, 2021
AN ACT SUBJECTING CE RTAIN NONSTATE ENTIT IES THAT SERVE
A GOVERNMENTAL FUNCT ION TO THE FREEDOM O F
INFORMATION ACT AND THE CODES OF ETHICS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2021) (a) An entity serves a 1
governmental function if such entity (1) has as a member of its board of 2
directors or as part of its corporate governance, (A) any state-wide 3
elected officer or any member or member-elect of the General Assembly, 4
(B) any person appointed to any office of the legislative, judicial or 5
executive branch of state government by the Governor or an appointee 6
of the Governor, with or without the advice and consent of the General 7
Assembly, (C) any public member or representative of the teachers' 8
unions or state employees' unions appointed to the Investment 9
Advisory Council pursuant to subsection (a) of section 3-13b of the 10
general statutes, (D) any member or director of a quasi-public agency, 11
or (E) the spouse of the Governor, (2) is authorized to expend public 12
funds, or (3) receives public funds as part of such entity's operations. 13
(b) Any person appointed by a member of the General Assembly, a 14
state-wide elected officer, the Governor or an appointee of the Governor 15
to serve on the board of an entity that (1) is not a state agency or quasi-16
public agency, as such terms are defined in section 1-79 of the general 17 Substitute Bill No. 6193
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06193-
R02-HB.docx }
2 of 3
statutes, as amended by this act, and (2) serves a governmental function, 18
as described in subsection (a) of this section, shall be deemed the 19
functional equivalent of a public agency, as defined in section 1-200 of 20
the general statutes, as amended by this act. 21
Sec. 2. Subdivision (11) of section 1-79 of the general statutes is 22
repealed and the following is substituted in lieu thereof (Effective July 1, 23
2021): 24
(11) "Public official" means any state-wide elected officer, any 25
member or member-elect of the General Assembly, any person 26
appointed to any office of the legislative, judicial or executive branch of 27
state government by the Governor or an appointee of the Governor, 28
with or without the advice and consent of the General Assembly, any 29
public member or representative of the teachers' unions or state 30
employees' unions appointed to the Investment Advisory Council 31
pursuant to subsection (a) of section 3-13b, any person appointed or 32
elected by the General Assembly or by any member of either house 33
thereof, any member or director of a quasi-public agency, [and] the 34
spouse of the Governor and any person appointed by a member of the 35
General Assembly, a state-wide elected officer, the Governor or an 36
appointee of the Governor to serve on the board of an entity that is not 37
a state or quasi-public agency but serves a governmental function, as 38
described in subsection (a) of section 1 of this act, but does not include 39
a member of an advisory board, a judge of any court either elected or 40
appointed or a senator or representative in Congress. 41
Sec. 3. Subdivision (1) of section 1-200 of the general statutes is 42
repealed and the following is substituted in lieu thereof (Effective July 1, 43
2021): 44
(1) "Public agency" or "agency" means: 45
(A) Any executive, administrative or legislative office of the state or 46
any political subdivision of the state and any state or town agency, any 47
department, institution, bureau, board, commission, authority or official 48 Substitute Bill No. 6193
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06193-
R02-HB.docx }
3 of 3
of the state or of any city, town, borough, municipal corporation, school 49
district, regional district or other district or other political subdivision of 50
the state, including any committee of, or created by, any such office, 51
subdivision, agency, department, institution, bureau, board, 52
commission, authority or official, any entity that serves a governmental 53
function, as described in subsection (a) of section 1 of this act, and also 54
includes any judicial office, official, or body or committee thereof but 55
only with respect to its or their administrative functions, and for 56
purposes of this subparagraph, "judicial office" includes, but is not 57
limited to, the Division of Public Defender Services; 58
(B) Any person to the extent such person is deemed to be the 59
functional equivalent of a public agency pursuant to law, including, but 60
not limited to, any person described in subsection (b) of section 1 of this 61
act; or 62
(C) Any "implementing agency", as defined in section 32-222.63
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 New section
Sec. 2 July 1, 2021 1-79(11)
Sec. 3 July 1, 2021 1-200(1)
Statement of Legislative Commissioners:
Section 2 and Section 4 were combined into Section 1 for consistency
with standard drafting conventions.
GAE Joint Favorable Subst.