Connecticut 2021 Regular Session

Connecticut House Bill HB06651 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 6651
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	5	+	LCO No. 5621 1 of 16
	6	+
	7	+	General Assembly Raised Bill No. 6651
8	8		January Session, 2021
	9	+	LCO No. 5621
	10	+
	11	+
	12	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	13	+	AND ELECTIONS
	14	+
	15	+
	16	+	Introduced by:
	17	+	(GAE)
	18	+
9	19
10	20
11	21
12	22		AN ACT RESPONDING TO ISSUES RELATED TO COVID-19 AND
13	23		GOVERNMENT ADMINISTRATION.
14	24		Be it enacted by the Senate and House of Representatives in General
15	25		Assembly convened:
16	26
17	27		Section 1. (NEW) (Effective from passage) (a) A public agency may hold 1
18	28		any meeting remotely by using a conference call, videoconference or 2
19	29		other technology, provided (1) the public has the ability to view or listen 3
20	30		to the meeting simultaneously with its occurrence, using telephone, 4
21	31		video or other technology, but excluding any portion of the meeting that 5
22	32		is an executive session; (2) any such meeting is recorded or transcribed, 6
23	33		excluding any portion of the meeting that is an executive session, and 7
24	34		such recording or transcript is posted on the agency's Internet web site 8
25	35		not later than seven days after the meeting, and made available in the 9
26	36		agency's office or regular place of business within a reasonable period 10
27	37		of time; (3) the notice and agenda for such meeting is posted on the 11
28	38		agency's Internet web site and includes information about what 12
29	39		technology will be used for the meeting and by what method the public 13
30	40		can access the meeting; (4) any materials relevant to matters on the 14
31		-	agenda, including, but not limited to, materials related to specific 15
	41	+	agenda, including, but not limited to, materials related to specific 15 Raised Bill No. 6651
	42	+
	43	+
	44	+
	45	+	LCO No. 5621 2 of 16
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32	47		applications, if applicable, are submitted to the agency a minimum of 16
33	48		twenty-four hours prior to the meeting and posted on the agency's 17
34	49		Internet web site for public inspection prior to, during and after the 18
35	50		meeting, and any exhibits to be submitted by members of the public are, 19
36		-	to the extent feasible, submitted to the agency a minimum of twenty-20 Substitute Bill No. 6651
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	51	+	to the extent feasible, submitted to the agency a minimum of twenty-20
43	52		four hours prior to the meeting and posted on the agency's Internet web 21
44	53		site for public inspection prior to, during and after the meeting; and (5) 22
45	54		any person participating in any such meeting clearly states his or her 23
46	55		name and title, if applicable, each time before speaking. 24
47	56		(b) The provisions of this section shall not be construed to require the 25
48	57		posting of any record that is otherwise exempt from disclosure under 26
49	58		any provision of the general statutes. 27
50	59		Sec. 2. Section 1-225 of the general statutes is repealed and the 28
51	60		following is substituted in lieu thereof (Effective from passage): 29
52	61		(a) As used in this subsection, "open to the public" includes, but is not 30
53	62		limited to, a remote meeting held pursuant to section 1 of this act. The 31
54	63		meetings of all public agencies, except executive sessions, [as defined in 32
55	64		subdivision (6) of section 1-200,] shall be open to the public. The votes 33
56	65		of each member of any such public agency upon any issue before such 34
57	66		public agency shall be reduced to writing and made available for public 35
58	67		inspection within forty-eight hours and shall also be recorded in the 36
59	68		minutes of the session at which taken. Not later than seven days after 37
60	69		the date of the session to which such minutes refer, such minutes shall 38
61	70		be available for public inspection and posted on such public agency's 39
62	71		Internet web site, if available, except that no public agency of a political 40
63	72		subdivision of the state shall be required to post such minutes on an 41
64	73		Internet web site unless conducting a remote meeting pursuant to 42
65	74		section 1 of this act. Each public agency shall make, keep and maintain 43
66	75		a record of the proceedings of its meetings. 44
67	76		(b) Each such public agency of the state shall file not later than 45
68	77		January thirty-first of each year in the office of the Secretary of the State 46
69		-	the schedule of the regular meetings of such public agency for the 47
	78	+	the schedule of the regular meetings of such public agency for the 47 Raised Bill No. 6651
	79	+
	80	+
	81	+
	82	+	LCO No. 5621 3 of 16
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70	84		ensuing year and shall post such schedule on such public agency's 48
71	85		Internet web site, if available, except that such requirements shall not 49
72	86		apply to the General Assembly, either house thereof or to any committee 50
73	87		thereof. Any other provision of the Freedom of Information Act 51
74		-	notwithstanding, the General Assembly at the commencement of each 52 Substitute Bill No. 6651
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	88	+	notwithstanding, the General Assembly at the commencement of each 52
81	89		regular session in the odd-numbered years, shall adopt, as part of its 53
82	90		joint rules, rules to provide notice to the public of its regular, special, 54
83	91		emergency or interim committee meetings. The chairperson or secretary 55
84	92		of any such public agency of any political subdivision of the state shall 56
85	93		file, not later than January thirty-first of each year, with the clerk of such 57
86	94		subdivision the schedule of regular meetings of such public agency for 58
87	95		the ensuing year, and no such meeting of any such public agency shall 59
88	96		be held sooner than thirty days after such schedule has been filed. The 60
89	97		chief executive officer of any multitown district or agency shall file, not 61
90	98		later than January thirty-first of each year, with the clerk of each 62
91	99		municipal member of such district or agency, the schedule of regular 63
92	100		meetings of such public agency for the ensuing year, and no such 64
93	101		meeting of any such public agency shall be held sooner than thirty days 65
94	102		after such schedule has been filed. 66
95	103		(c) The agenda of the regular meetings of every public agency, except 67
96	104		for the General Assembly, shall be available to the public and shall be 68
97	105		filed, not less than twenty-four hours before the meetings to which they 69
98	106		refer, (1) in such agency's regular office or place of business, and (2) in 70
99	107		the office of the Secretary of the State for any such public agency of the 71
100	108		state, in the office of the clerk of such subdivision for any public agency 72
101	109		of a political subdivision of the state or in the office of the clerk of each 73
102	110		municipal member of any multitown district or agency. For any such 74
103	111		public agency of the state, such agenda shall be posted on the public 75
104	112		agency's and the Secretary of the State's web sites. Any such agenda of 76
105	113		a remote meeting shall comply with the requirements of section 1 of this 77
106	114		act. Upon the affirmative vote of two-thirds of the members of a public 78
107	115		agency present and voting, any subsequent business not included in 79
108	116		such filed agendas may be considered and acted upon at such meetings. 80
109		-	(d) Notice of each special meeting of every public agency, except for 81
	117	+	(d) Notice of each special meeting of every public agency, except for 81 Raised Bill No. 6651
	118	+
	119	+
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110	123		the General Assembly, either house thereof or any committee thereof, 82
111	124		shall be posted not less than twenty-four hours before the meeting to 83
112	125		which such notice refers on the public agency's Internet web site, if 84
113		-	available, and given not less than twenty-four hours prior to the time of 85 Substitute Bill No. 6651
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	126	+	available, and given not less than twenty-four hours prior to the time of 85
120	127		such meeting by filing a notice of the time and place thereof in the office 86
121	128		of the Secretary of the State for any such public agency of the state, in 87
122	129		the office of the clerk of such subdivision for any public agency of a 88
123	130		political subdivision of the state and in the office of the clerk of each 89
124	131		municipal member for any multitown district or agency. The secretary 90
125	132		or clerk shall cause any notice received under this section to be posted 91
126	133		in his office. Such notice shall be given not less than twenty-four hours 92
127	134		prior to the time of the special meeting; provided, in case of emergency, 93
128	135		except for the General Assembly, either house thereof or any committee 94
129	136		thereof, any such special meeting may be held without complying with 95
130	137		the foregoing requirement for the filing of notice but a copy of the 96
131	138		minutes of every such emergency special meeting adequately setting 97
132	139		forth the nature of the emergency and the proceedings occurring at such 98
133	140		meeting shall be filed with the Secretary of the State, the clerk of such 99
134	141		political subdivision, or the clerk of each municipal member of such 100
135	142		multitown district or agency, as the case may be, not later than seventy-101
136	143		two hours following the holding of such meeting. The notice shall 102
137	144		specify the time and place of the special meeting and the business to be 103
138	145		transacted, and if to be held remotely, shall comply with the 104
139	146		requirements of section 1 of this act. No other business shall be 105
140	147		considered at such meetings by such public agency. In addition, such 106
141	148		written notice shall be delivered to the usual place of abode of each 107
142	149		member of the public agency or by electronic means at an address 108
143	150		designated by such member, so that the same is received prior to such 109
144	151		special meeting. The requirement of delivery of such written notice may 110
145	152		be dispensed with as to any member who at or prior to the time the 111
146	153		meeting convenes files with the clerk or secretary of the public agency a 112
147	154		written waiver of delivery of such notice. Such waiver may be given [by 113
148	155		telegram] electronically. The requirement of delivery of such written 114
149	156		notice may also be dispensed with as to any member who is actually 115
150		-	present at the meeting at the time it convenes. Nothing in this section 116
	157	+	present at the meeting at the time it convenes. Nothing in this section 116 Raised Bill No. 6651
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151	163		shall be construed to prohibit any agency from adopting more stringent 117
152	164		notice requirements. 118
153		-	(e) No member of the public shall be required, as a condition to 119 Substitute Bill No. 6651
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	165	+	(e) No member of the public shall be required, as a condition to 119
160	166		attendance at a meeting of any such body, to register the member's 120
161	167		name, or furnish other information, or complete a questionnaire or 121
162	168		otherwise fulfill any condition precedent to the member's attendance. 122
163	169		(f) A public agency may hold an executive session [, as defined in 123
164	170		subdivision (6) of section 1-200,] upon an affirmative vote of two-thirds 124
165	171		of the members of such body present and voting, taken at a public 125
166	172		meeting or a remote meeting held pursuant to section 1 of this act and 126
167	173		stating the reasons for such executive session. [, as defined in section 1-127
168	174		200.] 128
169	175		(g) In determining the time within which or by when a notice, agenda, 129
170	176		record of votes or minutes of a special meeting or an emergency special 130
171	177		meeting are required to be filed under this section, Saturdays, Sundays, 131
172	178		legal holidays and any day on which the office of the agency, the 132
173	179		Secretary of the State or the clerk of the applicable political subdivision 133
174	180		or the clerk of each municipal member of any multitown district or 134
175	181		agency, as the case may be, is closed, shall be excluded. 135
176	182		Sec. 3. Section 1-226 of the general statutes is repealed and the 136
177	183		following is substituted in lieu thereof (Effective from passage): 137
178	184		(a) At any meeting of a public agency which is open to the public, 138
179	185		pursuant to the provisions of section 1-225, as amended by this act, 139
180	186		proceedings of such public agency may be recorded, photographed, 140
181	187		broadcast or recorded for broadcast, subject to such rules as such public 141
182	188		agency may have prescribed prior to such meeting, by any person or by 142
183	189		any newspaper, radio broadcasting company or television broadcasting 143
184	190		company, provided any remote meeting shall be available for viewing 144
185	191		and recorded in accordance with section 1 of this act. Any recording, 145
186	192		radio, television or photographic equipment may be so located within 146
187	193		the meeting room as to permit the recording, broadcasting either by 147
188		-	radio, or by television, or by both, or the photographing of the 148
	194	+	radio, or by television, or by both, or the photographing of the 148 Raised Bill No. 6651
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189	200		proceedings of such public agency. The photographer or broadcaster 149
190	201		and its personnel, or the person recording the proceedings, shall be 150
191		-	required to handle the photographing, broadcast or recording as 151 Substitute Bill No. 6651
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	202	+	required to handle the photographing, broadcast or recording as 151
198	203		inconspicuously as possible and in such manner as not to disturb the 152
199	204		proceedings of the public agency. As used [herein] in this section, the 153
200	205		term [television shall include] "television" includes the transmission of 154
201	206		visual and audible signals by cable. 155
202	207		(b) Any such public agency may adopt rules governing such 156
203	208		recording, photography or the use of such broadcasting equipment for 157
204	209		radio and television stations but, (1) in the absence of the adoption of 158
205	210		such rules and regulations by such public agency prior to the meeting, 159
206	211		such recording, photography or the use of such radio and television 160
207	212		equipment shall be permitted as provided in subsection (a) of this 161
208	213		section, and (2) any such rules and regulations concerning remote 162
209	214		meetings shall comply with the requirements of section 1 of this act. 163
210	215		(c) Whenever there is a violation or the probability of a violation of 164
211	216		subsections (a) and (b) of this section the superior court, or a judge 165
212	217		thereof, for the judicial district in which such meeting is taking place 166
213	218		shall, upon application made by affidavit that such violation is taking 167
214	219		place or that there is reasonable probability that such violation will take 168
215	220		place, issue a temporary injunction against any such violation without 169
216	221		notice to the adverse party to show cause why such injunction should 170
217	222		not be granted and without the plaintiff's giving bond. Any person or 171
218	223		public agency so enjoined may immediately appear and be heard by the 172
219	224		court or judge granting such injunction with regard to dissolving or 173
220	225		modifying the same and, after hearing the parties and upon a 174
221	226		determination that such meeting should not be open to the public, said 175
222	227		court or judge may dissolve or modify the injunction. Any action taken 176
223	228		by a judge upon any such application shall be immediately certified to 177
224	229		the court to which such proceedings are returnable. 178
225	230		Sec. 4. Section 1-228 of the general statutes is repealed and the 179
226		-	following is substituted in lieu thereof (Effective from passage): 180
	231	+	following is substituted in lieu thereof (Effective from passage): 180 Raised Bill No. 6651
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227	237		The public agency may adjourn any regular or special meeting to a 181
228	238		time and place specified in the order of adjournment. Less than a 182
229		-	quorum may so adjourn from time to time. If all members are absent 183 Substitute Bill No. 6651
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	239	+	quorum may so adjourn from time to time. If all members are absent 183
236	240		from any regular meeting the clerk or the secretary of such body may 184
237	241		declare the meeting adjourned to a stated time and place and shall cause 185
238	242		a written notice of the adjournment to be given in the same manner as 186
239	243		provided in section 1-225, as amended by this act, for special meetings, 187
240		-	unless such notice is waived as provided for special meetings, or as 188
	244	+	unless such notice is waived as provided for special meetings or as 188
241	245		provided in section 1 of this act, for remote meetings. A copy of the order 189
242	246		or notice of adjournment shall be conspicuously posted on or near the 190
243	247		door of the place where the regular or special meeting was held, or in a 191
244	248		conspicuous place on the Internet web site of the public agency, within 192
245	249		twenty-four hours after the time of the adjournment. When an order of 193
246	250		adjournment of any meeting fails to state the hour at which the 194
247	251		adjourned meeting is to be held, it shall be held at the hour specified for 195
248	252		regular meetings, by ordinance, resolution, by law or other rule. 196
249	253		Sec. 5. Section 1-200 of the general statutes is repealed and the 197
250	254		following is substituted in lieu thereof (Effective from passage): 198
251	255		As used in this chapter and section 1 of this act, the following words 199
252	256		and phrases shall have the following meanings, except where such 200
253	257		terms are used in a context which clearly indicates the contrary: 201
254	258		(1) "Public agency" or "agency" means: 202
255	259		(A) Any executive, administrative or legislative office of the state or 203
256	260		any political subdivision of the state and any state or town agency, any 204
257	261		department, institution, bureau, board, commission, authority or official 205
258	262		of the state or of any city, town, borough, municipal corporation, school 206
259	263		district, regional district or other district or other political subdivision of 207
260	264		the state, including any committee of, or created by, any such office, 208
261	265		subdivision, agency, department, institution, bureau, board, 209
262	266		commission, authority or official, and also includes any judicial office, 210
263	267		official, or body or committee thereof but only with respect to its or their 211
264		-	administrative functions, and for purposes of this subparagraph, 212
265		-	"judicial office" includes, but is not limited to, the Division of Public 213
266		-	Defender Services; 214 Substitute Bill No. 6651
	268	+	administrative functions, and for purposes of this subparagraph, 212 Raised Bill No. 6651
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	274	+	"judicial office" includes, but is not limited to, the Division of Public 213
	275	+	Defender Services; 214
273	276		(B) Any person to the extent such person is deemed to be the 215
274	277		functional equivalent of a public agency pursuant to law; or 216
275	278		(C) Any "implementing agency", as defined in section 32-222. 217
276	279		(2) "Meeting" means any hearing or other proceeding of a public 218
277	280		agency, any convening or assembly of a quorum of a multimember 219
278	281		public agency, and any communication by or to a quorum of a 220
279	282		multimember public agency, whether in person or by means of 221
280	283		electronic equipment, to discuss or act upon a matter over which the 222
281	284		public agency has supervision, control, jurisdiction or advisory power. 223
282	285		"Meeting" does not include: Any meeting of a personnel search 224
283	286		committee for executive level employment candidates; any chance 225
284	287		meeting, or a social meeting neither planned nor intended for the 226
285	288		purpose of discussing matters relating to official business; strategy or 227
286	289		negotiations with respect to collective bargaining; a caucus of members 228
287	290		of a single political party notwithstanding that such members also 229
288	291		constitute a quorum of a public agency; an administrative or staff 230
289	292		meeting of a single-member public agency; and communication limited 231
290	293		to notice of meetings of any public agency or the agendas thereof. A 232
291	294		quorum of the members of a public agency who are present at any event 233
292	295		which has been noticed and conducted as a meeting of another public 234
293	296		agency under the provisions of the Freedom of Information Act shall not 235
294	297		be deemed to be holding a meeting of the public agency of which they 236
295	298		are members as a result of their presence at such event. 237
296	299		(3) "Caucus" means (A) a convening or assembly of the enrolled 238
297	300		members of a single political party who are members of a public agency 239
298	301		within the state or a political subdivision, or (B) the members of a 240
299	302		multimember public agency, which members constitute a majority of 241
300	303		the membership of the agency, or the other members of the agency who 242
301	304		constitute a minority of the membership of the agency, who register 243
302		-	their intention to be considered a majority caucus or minority caucus, as 244
	305	+	their intention to be considered a majority caucus or minority caucus, as 244 Raised Bill No. 6651
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303	311		the case may be, for the purposes of the Freedom of Information Act, 245
304	312		provided (i) the registration is made with the office of the Secretary of 246
305		-	the State for any such public agency of the state, in the office of the clerk 247 Substitute Bill No. 6651
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	313	+	the State for any such public agency of the state, in the office of the clerk 247
312	314		of a political subdivision of the state for any public agency of a political 248
313	315		subdivision of the state, or in the office of the clerk of each municipal 249
314	316		member of any multitown district or agency, (ii) no member is 250
315	317		registered in more than one caucus at any one time, (iii) no such 251
316	318		member's registration is rescinded during the member's remaining term 252
317	319		of office, and (iv) a member may remain a registered member of the 253
318	320		majority caucus or minority caucus regardless of whether the member 254
319	321		changes his or her party affiliation under chapter 143. 255
320	322		(4) "Person" means natural person, partnership, corporation, limited 256
321	323		liability company, association or society. 257
322	324		(5) "Public records or files" means any recorded data or information 258
323	325		relating to the conduct of the public's business prepared, owned, used, 259
324	326		received or retained by a public agency, or to which a public agency is 260
325	327		entitled to receive a copy by law or contract under section 1-218, 261
326	328		whether such data or information be handwritten, typed, tape-recorded, 262
327	329		printed, photostated, photographed or recorded by any other method. 263
328	330		(6) "Executive sessions" means a meeting of a public agency at which 264
329	331		the public is excluded for one or more of the following purposes: (A) 265
330	332		Discussion concerning the appointment, employment, performance, 266
331	333		evaluation, health or dismissal of a public officer or employee, provided 267
332	334		that such individual may require that discussion be held at an open 268
333	335		meeting; (B) strategy and negotiations with respect to pending claims or 269
334	336		pending litigation to which the public agency or a member thereof, 270
335	337		because of the member's conduct as a member of such agency, is a party 271
336	338		until such litigation or claim has been finally adjudicated or otherwise 272
337	339		settled; (C) matters concerning security strategy or the deployment of 273
338	340		security personnel, or devices affecting public security; (D) discussion 274
339	341		of the selection of a site or the lease, sale or purchase of real estate by the 275
340	342		state or a political subdivision of the state when publicity regarding such 276
341		-	site, lease, sale, purchase or construction would adversely impact the 277
	343	+	site, lease, sale, purchase or construction would adversely impact the 277 Raised Bill No. 6651
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342	349		price of such site, lease, sale, purchase or construction until such time as 278
343	350		all of the property has been acquired or all proceedings or transactions 279
344		-	concerning same have been terminated or abandoned; and (E) 280 Substitute Bill No. 6651
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	351	+	concerning same have been terminated or abandone d; and (E) 280
351	352		discussion of any matter which would result in the disclosure of public 281
352	353		records or the information contained therein described in subsection (b) 282
353	354		of section 1-210. 283
354	355		(7) "Personnel search committee" means a body appointed by a public 284
355	356		agency, whose sole purpose is to recommend to the appointing agency 285
356	357		a candidate or candidates for an executive-level employment position. 286
357	358		Members of a "personnel search committee" shall not be considered in 287
358	359		determining whether there is a quorum of the appointing or any other 288
359	360		public agency. 289
360	361		(8) "Pending claim" means a written notice to an agency which sets 290
361	362		forth a demand for legal relief or which asserts a legal right stating the 291
362	363		intention to institute an action in an appropriate forum if such relief or 292
363	364		right is not granted. 293
364	365		(9) "Pending litigation" means (A) a written notice to an agency which 294
365	366		sets forth a demand for legal relief or which asserts a legal right stating 295
366	367		the intention to institute an action before a court if such relief or right is 296
367	368		not granted by the agency; (B) the service of a complaint against an 297
368	369		agency returnable to a court which seeks to enforce or implement legal 298
369	370		relief or a legal right; or (C) the agency's consideration of action to 299
370	371		enforce or implement legal relief or a legal right. 300
371	372		(10) "Freedom of Information Act" means this chapter. 301
372	373		(11) "Governmental function" means the administration or 302
373	374		management of a program of a public agency, which program has been 303
374	375		authorized by law to be administered or managed by a person, where 304
375	376		(A) the person receives funding from the public agency for 305
376	377		administering or managing the program, (B) the public agency is 306
377	378		involved in or regulates to a significant extent such person's 307
378	379		administration or management of the program, whether or not such 308
379		-	involvement or regulation is direct, pervasive, continuous or day-to-309
380		-	day, and (C) the person participates in the formulation of governmental 310
381		-	policies or decisions in connection with the administration or 311 Substitute Bill No. 6651
	380	+	involvement or regulation is direct, pervasive, continuous or day-to-309 Raised Bill No. 6651
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	385	+
	386	+	day, and (C) the person participates in the formulation of governmental 310
	387	+	policies or decisions in connection with the administration or 311
388	388		management of the program and such policies or decisions bind the 312
389	389		public agency. "Governmental function" shall not include the mere 313
390	390		provision of goods or services to a public agency without the delegated 314
391	391		responsibility to administer or manage a program of a public agency. 315
392	392		Sec. 6. Subdivision (1) of subsection (b) of section 1-206 of the general 316
393	393		statutes is repealed and the following is substituted in lieu thereof 317
394	394		(Effective from passage): 318
395	395		(b) (1) (A) Any person denied the right to inspect or copy records 319
396	396		under section 1-210 or wrongfully denied the right to attend any 320
397	397		meeting of a public agency or denied any other right conferred by the 321
398	398		Freedom of Information Act may appeal therefrom to the Freedom of 322
399	399		Information Commission, by filing a notice of appeal with said 323
400	400		commission. [A] Except as provided in subparagraph (B) of this 324
401	401		subdivision, a notice of appeal shall be filed not later than thirty days 325
402	402		after such denial, except in the case of an unnoticed or secret meeting, 326
403	403		in which case the appeal shall be filed not later than thirty days after the 327
404	404		person filing the appeal receives actual or constructive notice that such 328
405	405		meeting was held. For purposes of this subsection, such notice of appeal 329
406	406		shall be deemed to be filed on the date it is received by said commission 330
407	407		or on the date it is postmarked, if received more than thirty days after 331
408	408		the date of the denial from which such appeal is taken. Upon receipt of 332
409	409		such notice, the commission shall serve upon all parties, by certified or 333
410	410		registered mail, a copy of such notice together with any other notice or 334
411	411		order of such commission. In the case of the denial of a request to inspect 335
412	412		or copy records contained in a public employee's personnel or medical 336
413	413		file or similar file under subsection (c) of section 1-214, the commission 337
414	414		shall include with its notice or order an order requiring the public 338
415	415		agency to notify any employee whose records are the subject of an 339
416	416		appeal, and the employee's collective bargaining representative, if any, 340
417	417		of the commission's proceedings and, if any such employee or collective 341
418	418		bargaining representative has filed an objection under said subsection 342
419		-	(c), the agency shall provide the required notice to such employee and 343
420		-	collective bargaining representative by certified mail, return receipt 344 Substitute Bill No. 6651
	419	+	(c), the agency shall provide the required notice to such employee and 343 Raised Bill No. 6651
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	424	+
	425	+	collective bargaining representative by certified mail, return receipt 344
427	426		requested or by hand delivery with a signed receipt. A public employee 345
428	427		whose personnel or medical file or similar file is the subject of an appeal 346
429	428		under this subsection may intervene as a party in the proceedings on the 347
430	429		matter before the commission. [Said] Except as provided in 348
431	430		subparagraph (B) of this subdivision, said commission shall, after due 349
432	431		notice to the parties, hear and decide the appeal within one year after 350
433	432		the filing of the notice of appeal. The commission shall adopt regulations 351
434	433		in accordance with chapter 54, establishing criteria for those appeals 352
435	434		which shall be privileged in their assignment for hearing. Any such 353
436	435		appeal shall be heard not later than thirty days after receipt of a notice 354
437	436		of appeal and decided not later than sixty days after the hearing. If a 355
438	437		notice of appeal concerns an announced agency decision to meet in 356
439	438		executive session or an ongoing agency practice of meeting in executive 357
440	439		sessions, for a stated purpose, the commission or a member or members 358
441	440		of the commission designated by its chairperson shall serve notice upon 359
442	441		the parties in accordance with this section and hold a preliminary 360
443	442		hearing on the appeal not later than seventy-two hours after receipt of 361
444	443		the notice, provided such notice shall be given to the parties at least 362
445	444		forty-eight hours prior to such hearing. During such preliminary 363
446	445		hearing, the commission shall take evidence and receive testimony from 364
447	446		the parties. If after the preliminary hearing the commission finds 365
448	447		probable cause to believe that the agency decision or practice is in 366
449	448		violation of sections 1-200 and 1-225, as amended by this act, the agency 367
450	449		shall not meet in executive session for such purpose until the 368
451	450		commission decides the appeal. If probable cause is found by the 369
452	451		commission, it shall conduct a final hearing on the appeal and render its 370
453	452		decision not later than five days after the completion of the preliminary 371
454	453		hearing. Such decision shall specify the commission's findings of fact 372
455	454		and conclusions of law. 373
456		-	(B) (i) Any appeal filed on or after the effective date of this section 374
457		-	until December 31, 2021, shall not be subject to the deadlines for filing 375
458		-	an appeal as set forth in subparagraph (A) of this subdivision, and (ii) 376
459		-	any appeal pending on or filed on or after the effective date of this 377
460		-	section until December 31, 2021, shall not be subject to the requirement 378 Substitute Bill No. 6651
	455	+	(B) On and after the effective date of this section until December 31, 374
	456	+	2021, any appeal pending on or filed on or after the effective date of this 375
	457	+	section until December 31, 2021, (i) shall not be subject to the deadlines 376
	458	+	for filing an appeal as set forth in subparagraph (A) of this subdivision, 377 Raised Bill No. 6651
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466	461
467		-	that the commission decide such appeal within one year as set forth in 379
468		-	subparagraph (A) of this subdivision. 380
469		-	Sec. 7. (NEW) (Effective from passage) As used in this section, "COVID-381
470		-	19" means the respiratory disease designated by the World Health 382
471		-	Organization on February 11, 2020, as coronavirus 2019, and any related 383
472		-	mutation thereof recognized by said organization as a communicable 384
473		-	respiratory disease. Notwithstanding any provision of the general 385
474		-	statutes, between the effective date of this section and December 31, 386
475		-	2021, inclusive, any department head, as defined in section 4-5 of the 387
476		-	general statutes, may issue any directive, rule, guidance or order 388
477		-	modifying or suspending any regulatory requirements adopted by the 389
478		-	department head that the department head deems necessary to reduce 390
479		-	the spread of COVID-19 and to protect the public health. 391
480		-	Sec. 8. (NEW) (Effective from passage) As used in this section, "COVID-392
481		-	19" means the respiratory disease designated by the World Health 393
482		-	Organization on February 11, 2020, as coronavirus 2019, and any related 394
483		-	mutation thereof recognized by said organization as a communicable 395
484		-	respiratory disease. Notwithstanding any provision of title 7 or 9 of the 396
485		-	general statutes, section 10-46 of the general statutes, any special act, 397
486		-	municipal charter, ordinance, bylaw or resolution, or any plan of 398
487		-	reapportionment approved pursuant to section 10-63l of the general 399
488		-	statutes, in any municipality where (1) the town meeting, annual town 400
489		-	meeting, district meeting or other meeting of electors or voters is the 401
490		-	authority for appointing or electing members or officials to any 402
491		-	municipal or regional governmental office, board, agency, commission 403
492		-	or quasi-municipal corporation, and (2) such appointments require a 404
493		-	district or town meeting or election to be held that is scheduled to occur 405
494		-	after June 30, 2021, but before December 31, 2021, for the purposes of 406
495		-	electing, nominating or appointing such members or officials, the 407
496		-	officials responsible for administering any such district or town meeting 408
497		-	or election shall use their best efforts to conduct such proceedings using 409
498		-	remote means in accordance with the provisions of section 1 of this act, 410
499		-	while also implementing measures to safeguard the integrity of the 411 Substitute Bill No. 6651
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	463	+
	464	+	provided any such appeal is filed before December 31, 2021, and (ii) 378
	465	+	shall not be subject to the requirement that the commission decide such 379
	466	+	appeal within one year as set forth in subparagraph (A) of this 380
	467	+	subdivision. 381
	468	+	Sec. 7. (NEW) (Effective from passage) As used in this section, "COVID-382
	469	+	19" means the respiratory disease designated by the World Health 383
	470	+	Organization on February 11, 2020, as coronavirus 2019, and any related 384
	471	+	mutation thereof recognized by said organization as a communicable 385
	472	+	respiratory disease. Notwithstanding any provision of the general 386
	473	+	statutes, on and after the effective date of this section until December 31, 387
	474	+	2021, any department head, as defined in section 4-5 of the general 388
	475	+	statutes, may issue any directive, rule, guidance or order modifying or 389
	476	+	suspending any regulatory requirements adopted by the department 390
	477	+	head that the department head deems necessary to reduce the spread of 391
	478	+	COVID-19 and to protect the public health. 392
	479	+	Sec. 8. (NEW) (Effective from passage) As used in this section, "COVID-393
	480	+	19" means the respiratory disease designated by the World Health 394
	481	+	Organization on February 11, 2020, as coronavirus 2019, and any related 395
	482	+	mutation thereof recognized by said organization as a communicable 396
	483	+	respiratory disease. Notwithstanding any provision of title 7 or 9 of the 397
	484	+	general statutes, section 10-46 of the general statutes, any special act, 398
	485	+	municipal charter, ordinance, bylaw or resolution, or any plan of 399
	486	+	reapportionment approved pursuant to section 10-63l of the general 400
	487	+	statutes, in any municipality where (1) the town meeting, annual town 401
	488	+	meeting, district meeting or other meeting of electors or voters is the 402
	489	+	authority for appointing or electing members or officials to any 403
	490	+	municipal or regional governmental office, board, agency, commission 404
	491	+	or quasi-municipal corporation, and (2) such appointments require a 405
	492	+	district or town meeting or election to be held that is scheduled to occur 406
	493	+	after June 30, 2021, but before December 31, 2021, for the purposes of 407
	494	+	electing, nominating or appointing such members or officials, the 408
	495	+	officials responsible for administering any such district or town meeting 409
	496	+	or election shall use their best efforts to conduct such proceedings using 410
	497	+	remote means in accordance with the provisions of section 1 of this act, 411 Raised Bill No. 6651
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506		-	process. If such officials determine that any such district or town 412
507		-	meeting or election cannot be conducted safely and accurately by 413
508		-	remote means, such officials shall take all reasonable measures to 414
509		-	protect the public health, including consulting with local or state public 415
510		-	health officials and conducting such meeting or election in a way that 416
511		-	significantly reduces the risk of transmission of COVID-19. 417
512		-	Sec. 9. (NEW) (Effective from passage) (a) As used in this section, 418
513		-	"notary public" means a person appointed by the Secretary of the State 419
514		-	pursuant to section 3-94b of the general statutes or a commissioner of 420
515		-	the Superior Court as described in section 51-85 of the general statutes. 421
516		-	Notwithstanding any provision of the general statutes, between the 422
517		-	effective date of this section and December 31, 2021, inclusive, any 423
518		-	notarial act that is required under Connecticut law to be performed by 424
519		-	a notary public may be performed using an electronic device or process 425
520		-	that allows a notary public and a remotely located individual to 426
521		-	communicate with each other simultaneously by sight and sound, 427
522		-	provided the following conditions are met: 428
523		-	(1) The individual seeking the notarial act from a notary public, if not 429
524		-	personally known to the notary public, shall present satisfactory 430
525		-	evidence of identity, as defined in section 3-94a of the general statutes, 431
526		-	while connected to the electronic device or process, and may not 432
527		-	transmit such evidence prior to or after the transaction; 433
528		-	(2) The electronic device or process used by the notary public shall be 434
529		-	capable of recording the complete notarial act and such recording shall 435
530		-	be made and retained by the notary public for not less than ten years; 436
531		-	(3) The individual seeking the notarial act shall affirmatively 437
532		-	represent using the electronic device or process that he or she is 438
533		-	physically situated in this state; 439
534		-	(4) The individual seeking the notarial act shall transmit by fax or 440
535		-	electronic means a legible copy of the signed document directly to the 441
536		-	notary public on the same date it was executed; 442 Substitute Bill No. 6651
	501	+	LCO No. 5621 14 of 16
	502	+
	503	+	while also implementing measures to safeguard the integrity of the 412
	504	+	process. If such officials determine that any such district or town 413
	505	+	meeting or election cannot be conducted safely and accurately by 414
	506	+	remote means, such officials shall take all reasonable measures to 415
	507	+	protect the public health, including consulting with local or state public 416
	508	+	health officials and conducting such meeting or election in a way that 417
	509	+	significantly reduces the risk of transmission of COVID-19. 418
	510	+	Sec. 9. (NEW) (Effective from passage) (a) As used in this section, 419
	511	+	"notary public" means a person commissioned by the Secretary of the 420
	512	+	State pursuant to section 3-94b of the general statutes or a commissioner 421
	513	+	of the Superior Court as described in section 51-85 of the general 422
	514	+	statutes. Notwithstanding any provision of the general statutes, on and 423
	515	+	after the effective date of this section until December 31, 2021, any 424
	516	+	notarial act that is required under Connecticut law to be performed by 425
	517	+	a notary public may be performed using an electronic device or process 426
	518	+	that allows a notary public and a remotely located individual to 427
	519	+	communicate with each other simultaneously by sight and sound, 428
	520	+	provided the following conditions are met: 429
	521	+	(1) The individual seeking the notarial act from a notary public, if not 430
	522	+	personally known to the notary public, shall present satisfactory 431
	523	+	evidence of identity, as defined in section 3-94a of the general statutes, 432
	524	+	while connected to the electronic device or process, and may not 433
	525	+	transmit such evidence prior to or after the transaction; 434
	526	+	(2) The electronic device or process used by the notary public shall be 435
	527	+	capable of recording the complete notarial act and such recording shall 436
	528	+	be made and retained by the notary public for not less than ten years; 437
	529	+	(3) The individual seeking the signatory act shall affirmatively 438
	530	+	represent using the electronic device or process that he or she is 439
	531	+	physically situated in this state; 440
	532	+	(4) The individual seeking the signatory act shall transmit by fax or 441
	533	+	electronic means a legible copy of the signed document directly to the 442
	534	+	notary public on the same date it was executed; 443 Raised Bill No. 6651
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543		-	(5) The notary public may notarize the transmitted copy of the 443
544		-	document and transmit such copy to the individual seeking the notarial 444
545		-	act by fax or electronic means; and 445
546		-	(6) The notary public may repeat the notarization of the original 446
547		-	signed document as of the date of execution, provided the notary public 447
548		-	receives such original signed document, together with the electronically 448
549		-	notarized copy, within thirty days after the date of execution. 449
550		-	(b) Notwithstanding the provisions of subdivisions (1) to (6), 450
551		-	inclusive, of subsection (a) of this section, only an attorney admitted to 451
552		-	practice law in this state and in good standing may remotely administer 452
553		-	a self-proving affidavit to a will pursuant to section 45a-285 of the 453
554		-	general statutes or conduct a real estate closing as required under 454
555		-	section 51-88a of the general statutes. Any witnessing requirement for a 455
556		-	will may be satisfied remotely through the use of an electronic device or 456
557		-	process if it is completed under the supervision of a commissioner of the 457
558		-	Superior Court. The supervising commissioner shall certify that he or 458
559		-	she supervised the remote witnessing of the will. 459
560		-	(c) Notwithstanding any provision of the general statutes, no witness 460
561		-	shall be required for any document requiring a notarial act, other than a 461
562		-	will, as set forth in subsection (b) of this section. 462
563		-	(d) All remotely notarized documents pertaining to real property 463
564		-	shall be accepted for recording on the land records by all town clerks. A 464
565		-	one-page certification confirming the use of remote notarization 465
566		-	procedures shall be attached to each remotely notarized document 466
567		-	submitted for recording on the land records in this state. 467
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	539	+
	540	+	(5) The notary public may notarize the transmitted copy of the 444
	541	+	document and transmit such copy to the individual seeking the 445
	542	+	signatory act by fax or electronic means; and 446
	543	+	(6) The notary public may repeat the notarization of the original 447
	544	+	signed document as of the date of execution, provided the notary public 448
	545	+	receives such original signed document, together with the electronically 449
	546	+	notarized copy, within thirty days after the date of execution. 450
	547	+	(b) Notwithstanding the provisions of subdivisions (1) to (6), 451
	548	+	inclusive, of subsection (a) of this section, only an attorney admitted to 452
	549	+	practice law in this state and in good standing may remotely administer 453
	550	+	a self-proving affidavit to a will pursuant to section 45a-285 of the 454
	551	+	general statutes or conduct a real estate closing as required under 455
	552	+	section 51-88a of the general statutes. Any witnessing requirement for a 456
	553	+	will may be satisfied remotely through the use of an electronic device or 457
	554	+	process if it is completed under the supervision of a commissioner of the 458
	555	+	Superior Court. The supervising commissioner shall certify that he or 459
	556	+	she supervised the remote witnessing of the will. 460
	557	+	(c) Notwithstanding any provision of the general statutes, no witness 461
	558	+	shall be required for any document requiring a notarial act, other than a 462
	559	+	will, as set forth in subsection (b) of this section. 463
	560	+	(d) All remotely notarized documents pertaining to real property 464
	561	+	shall be accepted for recording on the land records by all town clerks. A 465
	562	+	one-page certification confirming the use of remote notarization 466
	563	+	procedures shall be attached to each remotely notarized document 467
	564	+	submitted for recording on the land records in this state. 468
568	565		This act shall take effect as follows and shall amend the following
569	566		sections:
570	567
571	568		Section 1 from passage New section
572	569		Sec. 2 from passage 1-225
573	570		Sec. 3 from passage 1-226
574		-	Sec. 4 from passage 1-228 Substitute Bill No. 6651
	571	+	Sec. 4 from passage 1-228
	572	+	Sec. 5 from passage 1-200 Raised Bill No. 6651
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581		-	Sec. 5 from passage 1-200
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	577	+
582	578		Sec. 6 from passage 1-206(b)(1)
583	579		Sec. 7 from passage New section
584	580		Sec. 8 from passage New section
585	581		Sec. 9 from passage New section
586	582
587		-	Statement of ~~Legislative Commissioners~~:
588		-	~~Section 6(b)(1)(B) was rewritten for clarity,~~ ~~in Section 9(a)~~
589		-	~~"commissioned" was changed to "appointed"~~ for ~~consistency~~ and in
590		-	~~Section 9(a)(3)~~, ~~(4)~~ and ~~(5), "signatory act" was changed to "notarial act"~~
591		-	~~for consistency~~.
592		-
593		-	~~GAE Joint Favorable Subst. -LCO~~
	583	+	Statement of Purpose:
	584	+	To extend the duration of various provisions of executive orders
	585	+	concerning Freedom of Information requirements for meetings and
	586	+	appeals, regulatory requirements, municipal nominations and notaries.
	587	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	588	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	589	+	underlined.]
594	590