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 Section 1-211 of the general statutes is repealed and the 1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