CT
Connecticut House Bill HB06193

Connecticut 2021 Regular Session

Connecticut House Bill HB06193 Compare Versions

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7-General Assembly Substitute Bill No. 6193
8-January Session, 2021
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5+LCO No. 5577 1 of 3
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7+General Assembly Committee Bill No. 6193
8+January Session, 2021
9+LCO No. 5577
10+
11+
12+Referred to Committee on GOVERNMENT ADMINISTRATION
13+AND ELECTIONS
14+
15+
16+Introduced by:
17+(GAE)
1118
1219
1320
1421 AN ACT SUBJECTING CE RTAIN NONSTATE ENTIT IES THAT SERVE
1522 A GOVERNMENTAL FUNCTION TO THE FREE DOM OF
1623 INFORMATION ACT AND THE CODES OF ETHICS.
1724 Be it enacted by the Senate and House of Representatives in General
1825 Assembly convened:
1926
20-Section 1. (NEW) (Effective July 1, 2021) (a) An entity serves a 1
21-governmental function if such entity (1) has as a member of its board of 2
22-directors or as part of its corporate governance, (A) any state-wide 3
23-elected officer or any member or member-elect of the General Assembly, 4
24-(B) any person appointed to any office of the legislative, judicial or 5
25-executive branch of state government by the Governor or an appointee 6
26-of the Governor, with or without the advice and consent of the General 7
27-Assembly, (C) any public member or representative of the teachers' 8
28-unions or state employees' unions appointed to the Investment 9
29-Advisory Council pursuant to subsection (a) of section 3-13b of the 10
30-general statutes, (D) any member or director of a quasi-public agency, 11
31-or (E) the spouse of the Governor, (2) is authorized to expend public 12
32-funds, or (3) receives public funds as part of such entity's operations. 13
33-(b) Any person appointed by a member of the General Assembly, a 14
34-state-wide elected officer, the Governor or an appointee of the Governor 15
35-to serve on the board of an entity that (1) is not a state agency or quasi-16
36-public agency, as such terms are defined in section 1-79 of the general 17 Substitute Bill No. 6193
27+Section 1. Subdivision (11) of section 1-79 of the general statutes is 1
28+repealed and the following is substituted in lieu thereof (Effective October 2
29+1, 2021): 3
30+(11) "Public official" means any state-wide elected officer, any 4
31+member or member-elect of the General Assembly, any person 5
32+appointed to any office of the legislative, judicial or executive branch of 6
33+state government by the Governor or an appointee of the Governor, 7
34+with or without the advice and consent of the General Assembly, any 8
35+public member or representative of the teachers' unions or state 9
36+employees' unions appointed to the Investment Advisory Council 10
37+pursuant to subsection (a) of section 3-13b, any person appointed or 11
38+elected by the General Assembly or by any member of either house 12
39+thereof, any member or director of a quasi-public agency, [and] the 13
40+spouse of the Governor and any person appointed by a member of the 14
41+Committee Bill No. 6193
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43-statutes, as amended by this act, and (2) serves a governmental function, 18
44-as described in subsection (a) of this section, shall be deemed the 19
45-functional equivalent of a public agency, as defined in section 1-200 of 20
46-the general statutes, as amended by this act. 21
47-Sec. 2. Subdivision (11) of section 1-79 of the general statutes is 22
48-repealed and the following is substituted in lieu thereof (Effective July 1, 23
49-2021): 24
50-(11) "Public official" means any state-wide elected officer, any 25
51-member or member-elect of the General Assembly, any person 26
52-appointed to any office of the legislative, judicial or executive branch of 27
53-state government by the Governor or an appointee of the Governor, 28
54-with or without the advice and consent of the General Assembly, any 29
55-public member or representative of the teachers' unions or state 30
56-employees' unions appointed to the Investment Advisory Council 31
57-pursuant to subsection (a) of section 3-13b, any person appointed or 32
58-elected by the General Assembly or by any member of either house 33
59-thereof, any member or director of a quasi-public agency, [and] the 34
60-spouse of the Governor and any person appointed by a member of the 35
61-General Assembly, a state-wide elected officer, the Governor or an 36
62-appointee of the Governor to serve on the board of an entity that is not 37
63-a state or quasi-public agency but serves a governmental function, as 38
64-described in subsection (a) of section 1 of this act, but does not include 39
65-a member of an advisory board, a judge of any court either elected or 40
66-appointed or a senator or representative in Congress. 41
67-Sec. 3. Subdivision (1) of section 1-200 of the general statutes is 42
68-repealed and the following is substituted in lieu thereof (Effective July 1, 43
69-2021): 44
70-(1) "Public agency" or "agency" means: 45
71-(A) Any executive, administrative or legislative office of the state or 46
72-any political subdivision of the state and any state or town agency, any 47
73-department, institution, bureau, board, commission, authority or official 48 Substitute Bill No. 6193
46+General Assembly, a state-wide elected officer, the Governor or an 15
47+appointee of the Governor to serve on the board of an entity that is not 16
48+a state or quasi-public agency but serves a governmental function, but 17
49+does not include a member of an advisory board, a judge of any court 18
50+either elected or appointed or a senator or representative in Congress. 19
51+Sec. 2. Subdivision (1) of section 1-200 of the general statutes is 20
52+repealed and the following is substituted in lieu thereof (Effective October 21
53+1, 2021): 22
54+(1) "Public agency" or "agency" means: 23
55+(A) Any executive, administrative or legislative office of the state or 24
56+any political subdivision of the state and any state or town agency, any 25
57+department, institution, bureau, board, commission, authority or official 26
58+of the state or of any city, town, borough, municipal corporation, school 27
59+district, regional district or other district or other political subdivision of 28
60+the state, including any committee of, or created by, any such office, 29
61+subdivision, agency, department, institution, bureau, board, 30
62+commission, authority or official, and also includes any judicial office, 31
63+official, or body or committee thereof but only with respect to its or their 32
64+administrative functions, and for purposes of this subparagraph, 33
65+"judicial office" includes, but is not limited to, the Division of Public 34
66+Defender Services; 35
67+(B) Any person to the extent such person is deemed to be the 36
68+functional equivalent of a public agency pursuant to law, including, but 37
69+not limited to, any person described in section 3 of this act; or 38
70+(C) Any "implementing agency", as defined in section 32-222. 39
71+Sec. 3. (NEW) (Effective October 1, 2021) Any person appointed by a 40
72+member of the General Assembly, a state-wide elected officer, the 41
73+Governor or an appointee of the Governor to serve on the board of an 42
74+entity that (1) is not a state agency or quasi-public agency, as such terms 43
75+are defined in section 1-79 of the general statutes, as amended by this 44
76+Committee Bill No. 6193
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80-of the state or of any city, town, borough, municipal corporation, school 49
81-district, regional district or other district or other political subdivision of 50
82-the state, including any committee of, or created by, any such office, 51
83-subdivision, agency, department, institution, bureau, board, 52
84-commission, authority or official, any entity that serves a governmental 53
85-function, as described in subsection (a) of section 1 of this act, and also 54
86-includes any judicial office, official, or body or committee thereof but 55
87-only with respect to its or their administrative functions, and for 56
88-purposes of this subparagraph, "judicial office" includes, but is not 57
89-limited to, the Division of Public Defender Services; 58
90-(B) Any person to the extent such person is deemed to be the 59
91-functional equivalent of a public agency pursuant to law, including, but 60
92-not limited to, any person described in subsection (b) of section 1 of this 61
93-act; or 62
94-(C) Any "implementing agency", as defined in section 32-222.63
81+act, and (2) serves a governmental function, shall be deemed the 45
82+functional equivalent of a public agency, as defined in section 1-200 of 46
83+the general statutes, as amended by this act. 47
9584 This act shall take effect as follows and shall amend the following
9685 sections:
9786
98-Section 1 July 1, 2021 New section
99-Sec. 2 July 1, 2021 1-79(11)
100-Sec. 3 July 1, 2021 1-200(1)
87+Section 1 October 1, 2021 1-79(11)
88+Sec. 2 October 1, 2021 1-200(1)
89+Sec. 3 October 1, 2021 New section
10190
102-Statement of Legislative Commissioners:
103-Section 2 and Section 4 were combined into Section 1 for consistency
104-with standard drafting conventions.
91+Statement of Purpose:
92+To subject certain nonstate entities that serve a governmental function
93+to the Freedom of Information Act and the codes of ethics.
94+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
95+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
96+underlined.]
10597
106-GAE Joint Favorable Subst.
98+Co-Sponsors: REP. CANDELORA, 86th Dist.; REP. DEVLIN, 134th Dist.
99+REP. O'DEA, 125th Dist.; REP. PERILLO, 113th Dist.
100+REP. REBIMBAS, 70th Dist.; REP. ZUPKUS, 89th Dist.
101+REP. ZAWISTOWSKI, 61st Dist.; REP. FISHBEIN, 90th Dist.
102+REP. WINKLER, 56th Dist.; REP. MASTROFRANCESCO, 80th
103+Dist.
104+SEN. SAMPSON, 16th Dist.
105+
106+H.B. 6193
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