Connecticut 2021 Regular Session

Connecticut Senate Bill SB01072 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	5		General Assembly Raised Bill No. 1072
8	6		January Session, 2021
9	7		LCO No. 5484
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11	9
12		-	Referred to Committee on GOVERNMENT
13		-	~~ADMINISTRATION~~ AND ELECTIONS
	10	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	11	+	AND ELECTIONS
14	12
15	13
16	14		Introduced by:
17	15		(GAE)
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21	20		AN ACT CONCERNING FR EEDOM OF INFORMATION .
22	21		Be it enacted by the Senate and House of Representatives in General
23	22		Assembly convened:
24	23
25	24		Section 1. Section 1-211 of the general statutes is repealed and the 1
26	25		following is substituted in lieu thereof (Effective October 1, 2021): 2
27	26		(a) Any public agency [which] that maintains public records in a 3
28	27		computer storage system shall provide, to any person making a request 4
29	28		pursuant to the Freedom of Information Act, a copy of any nonexempt 5
30	29		data contained in such records, properly identified, on paper, disk, tape 6
31	30		or any other electronic storage device or medium requested by the 7
32	31		person, including an electronic copy sent to the electronic mail address 8
33	32		of the person making such request, if the agency can reasonably make 9
34	33		any such copy or have any such copy made. Except as otherwise 10
35	34		provided by [state statute] the general statutes, the cost for providing a 11
36	35		copy of such data shall be in accordance with the provisions of section 12
37	36		1-212. 13
38		-	(b) Except as otherwise provided by [state statute] the general 14 Raised Bill No. 1072
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	37	+	(b) Except as otherwise provided by [state statute] the general 14
	38	+	LCO No. 5484 2 of 4
44	39
45	40		statutes, no public agency shall enter into a contract with, or otherwise 15
46	41		obligate itself to, any person if such contract or obligation impairs the 16
47	42		right of the public under the Freedom of Information Act to inspect or 17
48	43		copy the agency's nonexempt public records existing on-line in, or 18
49	44		stored on a device or medium used in connection with, a computer 19
50	45		system owned, leased or otherwise used by the agency in the course of 20
51	46		its governmental functions. 21
52	47		(c) On and after July 1, 1992, before any public agency acquires any 22
53	48		computer system, equipment or software to store or retrieve nonexempt 23
54	49		public records, it shall consider whether such proposed system, 24
55	50		equipment or software adequately provides for the rights of the public 25
56	51		under the Freedom of Information Act at the least cost possible to the 26
57	52		agency and to persons entitled to access to nonexempt public records 27
58	53		under the Freedom of Information Act. In meeting its obligations under 28
59	54		this subsection, each state public agency shall consult with the 29
60	55		Department of Administrative Services as part of the agency's design 30
61	56		analysis prior to acquiring any such computer system, equipment or 31
62	57		software. The Department of Administrative Services shall adopt 32
63	58		written guidelines to assist municipal agencies in carrying out the 33
64	59		purposes of this subsection. Nothing in this subsection shall require an 34
65	60		agency to consult with said department prior to acquiring a system, 35
66	61		equipment or software or modifying software, if such acquisition or 36
67	62		modification is consistent with a design analysis for which such agency 37
68	63		has previously consulted with said department. The Department of 38
69	64		Administrative Services shall consult with the Freedom of Information 39
70	65		Commission on matters relating to access to and disclosure of public 40
71	66		records for the purposes of this subsection. The provisions of this 41
72	67		subsection shall not apply to software modifications which would not 42
73	68		affect the rights of the public under the Freedom of Information Act. 43
74	69		Sec. 2. Subsection (c) of section 1-214 of the general statutes is 44
75	70		repealed and the following is substituted in lieu thereof (Effective October 45
76	71		1, 2021): 46
77		-	(c) A public agency [which] that has provided notice under 47 Raised Bill No. 1072
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	72	+	(c) A public agency [which] that has provided notice under 47
	73	+	LCO No. 5484 3 of 4
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84	75		subdivision (1) of subsection (b) of this section shall disclose the records 48
85	76		requested unless it receives a written objection from the employee 49
86	77		concerned or the employee's collective bargaining representative, if any, 50
87	78		[within] not later than seven business days [from] after the receipt by 51
88	79		the employee or such collective bargaining representative of the notice 52
89	80		or, if there is no evidence of receipt of written notice, not later than nine 53
90	81		business days [from] after the date the notice is actually mailed, sent, 54
91	82		posted or otherwise given. Each objection filed under this subsection 55
92	83		shall be on a form prescribed by the public agency, which shall consist 56
93	84		of a statement to be signed by the employee or the employee's collective 57
94	85		bargaining representative, under the penalties of false statement, that to 58
95	86		the best of [his] the employee's or representative's knowledge, 59
96	87		information and belief there is good ground to support it and that the 60
97	88		objection is not interposed for delay. Upon the filing of an objection as 61
98	89		provided in this subsection, the agency shall not disclose the requested 62
99	90		records unless ordered to do so by the Freedom of Information 63
100	91		Commission pursuant to section 1-206. Failure to comply with a request 64
101	92		to inspect or copy records under this section shall constitute a denial for 65
102	93		the purposes of section 1-206. Notwithstanding any provision of this 66
103	94		subsection or subsection (b) of section 1-206 to the contrary, if an 67
104	95		employee's collective bargaining representative files a written objection 68
105	96		under this subsection, the employee may subsequently approve the 69
106	97		disclosure of the records requested by submitting a written notice to the 70
107	98		public agency. 71
108	99		This act shall take effect as follows and shall amend the following
109	100		sections:
110	101
111	102		Section 1 October 1, 2021 1-211
112	103		Sec. 2 October 1, 2021 1-214(c)
113	104
114		-	GAE Joint Favorable
	105	+	Statement of Purpose:
	106	+	To make technical revisions to provisions of the Freedom of Information
	107	+	Act.
	108	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	109	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	110	+	underlined.]
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