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OLR Bill Analysis
HB 6641
AN ACT CONCERNING THE REMOTE AND ONLINE PROVISION
OF MUNICIPAL SERVICES.
SUMMARY
This bill makes numerous changes allowing municipal entities and
other public agencies to conduct business electronically. Generally, the
changes allow specified (1) notices and applications to be sent
electronically and (2) hearings or meetings to be held using electronic
equipment (§§ 7-15 & 17-28).
The bill also allows public agencies to hold meetings remotely
under the Freedom of Information Act (FOIA) through conference call,
videoconference, or other technology (§§ 2 & 29). It specifically allows
municipalities to hold town meetings and budget adoption
proceedings using electronic equipment (§§ 3-4 & 16).
The bill allows towns, cities, and boroughs, whenever they are
required by the law or a charter to advertise a legal notice in a
newspaper, to instead post the notice on their websites. It similarly
allows town, city, borough, and district clerks, wherever they are
required by the law or a charter to file a notice, to instead post the
notice on their websites (§ 1).
Additionally, the bill requires town clerks to designate a website for
paying recording fees (e.g., recording documents on the land records)
and accept payments for these fees through the website in a manner
they prescribe. It similarly imposes these requirements on registrars of
vital statistics for vital records fees (e.g., birth certificates) (§§ 5 & 6).
(Typically, the town clerk serves as the registrar of vital statistics.)
Lastly, the bill makes technical and conforming changes.
EFFECTIVE DATE: October 1, 2021 2021HB-06641-R000547-BA.DOCX
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§§ 2 & 29 — FOIA
Conducting Meetings
Under current law, FOIA’s definition of “meeting” includes those
held by electronic equipment, but it does not explicitly authorize, or
establish procedures for, telephone or other remotely held meetings
(see BACKGROUND).
The bill explicitly allows meetings to be held under FOIA using
electronic equipment or simultaneously in-person and using electronic
equipment. (Presumably, they can also hold in-person meetings.) It
requires that meetings held using either of these methods provide
opportunity for comment or testimony, voting, or other participation,
as applicable. Additionally, it requires meeting participants (both
agency members and the public) to state their name and title (if
applicable) each time before speaking in a meeting conducted using
electronic equipment.
Under the bill, "electronic equipment" means any technology
facilitating real-time public access to and participation in meetings,
including telephone, video, or other conferencing platforms.
Meeting Minutes
Under existing law, FOIA requires (1) public agencies to make
meeting minutes available in the agency's office within seven days
after the meeting and (2) public agencies, other than those of political
subdivisions (e.g., municipalities), to post meeting minutes on their
websites within this timeframe. The bill extends both of these
requirements (and the exception to the website positing requirement)
to any audio or video recording or transcript of a meeting. (However,
the bill does not require agencies to record or transcribe meetings.)
Agendas for Regular Meetings
Under current law, FOIA requires state agencies to post agendas for
regular meetings on their websites at least 24 hours before the meeting
but it does not apply this requirement to political subdivisions. The bill
instead requires all public agencies to post their meeting agendas on
their websites. Under the bill, regular meeting agendas must also 2021HB-06641-R000547-BA.DOCX
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include instructions for the public to (1) attend the meeting in person
or electronically and (2) comment, vote, or otherwise participate, as
applicable.
Notices of a Special Meeting
The bill similarly requires that the above instructions for meeting
attendance and participation be included in any notice of a special
meeting. (A special meeting is one held to consider business that (1)
was unforeseen when scheduling regular meetings and (2) should be
addressed before the next regular meeting.)
The bill allows notices of a special meeting to be electronically sent
to a public agency's members rather than delivered to their homes as
current law requires. Current law also allows members to waive
delivery of the notice by filing a written waiver with the agency's clerk
or secretary. The bill allows members to submit these waivers
electronically.
§§ 3-4 & 16 — TOWN MEETINGS AND BO ARD OF FINANCE
PROCEEDINGS
The bill allows town meetings to be held under FOIA using
electronic equipment or simultaneously in-person and using electronic
equipment. (Presumably, they may also be held in-person). It requires
that meetings held using either of these methods provide opportunity
for comment or testimony, voting, or other participation, as applicable.
Presumably, the bill's provisions allowing voting through electronic
equipment apply only to votes taken at the town meeting itself and do
not extend to votes taken at an adjourned town meeting (i.e., a
referendum).
The bill also allows municipal boards of finance to hold specified
meetings and hearings using electronic equipment or simultaneously
in person and using electronic equipment. It applies to (1) public
hearings on the proposed annual budget, (2) the board's meeting at
which it votes on a recommended budget, and (3) the board's meeting
to lay a tax on the grand list. (It also appears to apply to the town
meeting at which the budget is voted on.) 2021HB-06641-R000547-BA.DOCX
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As with town meetings, the bill requires boards of finance holding
hearings or meeting using electronic equipment to provide
opportunity for comment or testimony, voting, or other participation,
as applicable.
§§ 7-15 & 17-28 — ELECTRONIC TRANSACTI ONS BY MUNICIPAL
PROGRAMS AND ENTITIE S
The bill makes numerous changes allowing municipal entities or
programs to conduct business or otherwise operate using electronic
means, as shown in Table 1. Generally, the changes allow specified (1)
notices and applications to be sent electronically and (2) hearings or
meetings to be held using electronic equipment.
The bill defines "electronic equipment" for these purposes as any
technology facilitating real-time communication between two or more
individuals, including telephone, video, or other conferencing
platforms.
Table 1: Electronic Transactions Authorized by Bill
§ Municipal
Entity or
Program
Action Electronic Option Allowed
by Bill
8-9 Discriminatory
practices
board
Hearing on alleged discriminatory
practice
Allows hearing to be
conducted by electronic
equipment
10 Municipal
revenue-
sharing
agreements
Opportunity for public
participation in the negotiations
between the municipalities
Specifies that public
participation may be in person,
writing, or by electronic
equipment
11 Foreclosed
residential
property
registration
Registration with municipal clerk
of a residential property on which
a plaintiff commences a
foreclosure action
Allows registration to be
completed electronically in a
manner the clerk prescribes
Notice to clerk by plaintiff of any
change in the registration
information
Allows plaintiff to provide this
information by email
Registration with clerk of a
residential property by the person
to whom title vests in a
foreclosure action (or registration
update if the person is the plaintiff
Allows registration or update to
be sent by email 2021HB-06641-R000547-BA.DOCX
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in the action)
Notice to clerk by registrant of
any change in the registration
information
Allows registrant to provide
this information by email
12 Parking
violation
hearings
Notice to vehicle owner or
operator of fines, penalties, costs,
or fees for alleged parking
violations
Allows notice to be sent to the
owner's or operator's email
address if known
Request by owner or operator for
a hearing before a parking
violation hearing officer
Allows owners and operators
to make this request by email
Hearing Allows hearing to be held in
person or by electronic
equipment
13-15 Municipal
water
pollution
control
authority
Public hearing on sewerage
system connection and use
charges
Allows hearing to be
conducted by electronic
equipment
Requires that hearing notice
be published on municipality's
website, rather than in a
newspaper as current law
requires
Charges that are finalized or
revised after the public hearing
Requires that copy of the
charges be published on
municipality's website, rather
than in a newspaper as current
law requires (the bill retains
existing law's requirement that
it also be filed in the municipal
clerk's office)
Public hearings on orders issued
to building owners to (1) connect
the building to an available
sewerage system or (2) construct
and connect the building to an
alternative sewage treatment
system
Allows hearing to be
conducted by electronic
equipment
17 Local land
use boards
Subdivision or zoning regulations
adopted by board
Requires board to publish
regulations on its website, in
addition to making printed
copies available at a
reasonable price as existing
law requires
18-19 Boards of Appeals to board by taxpayers Allows taxpayers to file 2021HB-06641-R000547-BA.DOCX
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assessment
appeals
aggrieved by a municipal
assessor's actions
appeals by email in a manner
the board prescribes
Board may meet to reduce a
taxpayer's assessment
The taxpayer, or the taxpayer's
attorney or agent, must appear at
a hearing before the board before
it can reduce the assessment
Allows boards to hold these
hearings and meetings using
electronic equipment
Deems the taxpayer, attorney,
or agent to have appeared at
the hearing if he or she
attends using electronic
equipment
20 Tax
assessors
and boards of
assessment
appeals
Notice to Office of Policy and
Management (OPM) of deadline
extensions to assessors' or
boards' duties granted by the
municipal chief executive officer
Allows notice to be provided
by email in a manner the OPM
secretary prescribes
Request by municipality to OPM
for a revaluation delay
Eliminates requirement that
supporting information
provided by board of
assessment appeals and chief
executive officer be in writing
Notice to taxpayers of
assessment increases in
municipalities for which OPM
authorizes a revaluation delay
Allows notice to be sent by
email
21-22 Renters’
Rebate
program
Rebate applications filed with
municipal assessor
Allows applications to be filed
electronically in a manner the
OPM secretary prescribes
Appeals filed with OPM by
persons aggrieved by assessor's
decision
Allows appeals to be filed
electronically in a manner the
secretary prescribes
23 Property tax
freeze for
seniors
Program applications Requires that applications be
made in writing or
electronically in a manner the
municipal assessor prescribes
Applicants' income tax returns Allows taxpayers to present an
electronic copy of the return
Biennial notice by municipal
assessor to program participants
of reapplication requirements (by
law, program participants must
reapply to the program biennially)
Allows assessors to provide
notice electronically at the
taxpayer's option
24-25 Property tax
circuit breaker
Affidavit filed with municipal
assessor stating applicant’s
Allows affidavit to be filed
electronically in a manner the 2021HB-06641-R000547-BA.DOCX
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for seniors
and
homeowners
with
disabilities
income assessor prescribes
Program application Allows application to be
submitted by email in a
manner the OPM secretary or
municipal assessor (as
applicable) prescribes
Biennial notice by municipal
assessor to program participants
of reapplication requirements (by
law, program participants must
reapply to the program biennially)
Allows assessors to provide
notice electronically at the
taxpayer's option
Notice by grantee to municipal
assessor of a property transfer by
a grantor who was previously
approved for the circuit breaker
Allows grantee to provide
notice by email in a manner
the assessor prescribes
Notice by tax collector to grantee
of any additional tax due
Allows tax collector to provide
notice by email at the
grantee's option
Application to assessor for a
grant in lieu of a property tax
reduction
Allows applicant to submit
application by email in a
manner the assessor
prescribes
Appeal to the OPM secretary by
a person aggrieved by an
assessor's decision
Allows person to appeal by
email in a manner the
secretary prescribes
26-27 Municipal
building
permits
Permit application Requires that applications be
filed in person, by mail, or by
email, in a manner the building
official prescribes
Permit applications containing
plans and specifications
previously approved by the state
building inspector
Allows applications to be filed
in person, by mail, or by email,
in a manner the building
official prescribes
28 Municipal
building
officials
Appeals filed with municipal
board of appeals by persons
aggrieved by the building official's
decision
Allows appeals by email in a
manner the board prescribes
Appeals filed with municipal chief
executive officer when there is no
board of appeals
Allows appeals by email in a
manner the chief executive
officer prescribes
BACKGROUND
Related Bills 2021HB-06641-R000547-BA.DOCX
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sHB 6651, sSB 183 (File 441), and sSB 1074, reported favorably by the
Government Administration and Elections Committee, authorize
remote meetings under similar conditions as those in the bill.
sHB 6448, reported favorably by the Planning and Development
Committee, authorizes remote meetings while also requiring agencies
to make their meetings (including in-person meetings) accessible to the
public through electronic equipment.
Telephone Meetings Under FOIA
Although FOIA currently does not explicitly authorize telephone or
other remotely held meetings, its definition of "meeting" includes those
held by electronic equipment (CGS § 1-200(2)).
In its only advisory opinion on the subject, the Freedom of
Information Commission (FOIC) advised that public agencies
conducting business over the phone must comply with FOIA’s open
meeting requirements. According to FOIC, agencies must make sure
that the public has “access to the entire proceedings taking place
during the course of a meeting.”
Specifically, the commission advised that the meeting must comply
with at least the following:
1. members of the public who want to attend the meeting must be
accommodated at a place where the greatest number of
participating agency members are located;
2. people attending the meeting, including members of the public,
must be able to see and inspect copies of any physical or
demonstrable materials presented or used; and
3. all those attending the meeting, at whatever location, must be
able to hear and identify adequately all participants in the
proceedings, including individual remarks and votes (Advisory
Opinion 41, 1980).
COMMITTEE ACTION 2021HB-06641-R000547-BA.DOCX
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Planning and Development Committee
Joint Favorable
Yea 17 Nay 9 (03/31/2021)