Connecticut 2021 Regular Session

Connecticut Senate Bill SB01074 Compare Versions

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7	7		General Assembly Substitute Bill No. 1074
8	8		January Session, 2021
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12	12		AN ACT CONCERNING VA RIOUS PROVISIONS RELATED TO
13	13		GOVERNMENT ADMINISTR ATION AND COVID-19.
14	14		Be it enacted by the Senate and House of Representatives in General
15	15		Assembly convened:
16	16
17	17		Section 1. (NEW) (Effective from passage) (a) A public agency may hold 1
18	18		any meeting remotely by using a conference call, videoconference or 2
19	19		other technology, provided (1) the public has the ability to view or listen 3
20	20		to the meeting simultaneously with its occurrence, using telephone, 4
21	21		video or other technology, but excluding any portion of the meeting that 5
22	22		is an executive session; (2) any such meeting is recorded or transcribed, 6
23	23		excluding any portion of the meeting that is an executive session, and 7
24	24		such recording or transcript is posted on the agency's Internet web site 8
25	25		not later than seven days after the meeting, and made available in the 9
26	26		agency's office or regular place of business within a reasonable period 10
27	27		of time; (3) the notice and agenda for such meeting is posted on the 11
28	28		agency's Internet web site and includes information about what 12
29	29		technology will be used for the meeting and by what method the public 13
30	30		can access the meeting; (4) any materials relevant to matters on the 14
31	31		agenda, including, but not limited to, materials related to specific 15
32	32		applications, if applicable, are submitted to the agency a minimum of 16
33	33		twenty-four hours prior to the meeting and posted on the agency's 17
34	34		Internet web site for public inspection prior to, during and after the 18
35	35		meeting, and any exhibits to be submitted by members of the public are, 19
36	36		to the extent feasible, submitted to the agency a minimum of twenty-20 Substitute Bill No. 1074
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43	43		four hours prior to the meeting and posted on the agency's Internet web 21
44	44		site for public inspection prior to, during and after the meeting; and (5) 22
45	45		any person participating in any such meeting clearly states his or her 23
46	46		name and title, if applicable, each time before speaking. 24
47	47		(b) The provisions of this section shall not be construed to require the 25
48	48		posting of any record that is otherwise exempt from disclosure under 26
49	49		any provision of the general statutes. 27
50	50		Sec. 2. Section 1-225 of the general statutes is repealed and the 28
51	51		following is substituted in lieu thereof (Effective from passage): 29
52	52		(a) As used in this subsection, "open to the public" includes, but is not 30
53	53		limited to, a remote meeting held pursuant to section 1 of this act. The 31
54	54		meetings of all public agencies, except executive sessions, [as defined in 32
55	55		subdivision (6) of section 1-200,] shall be open to the public. The votes 33
56	56		of each member of any such public agency upon any issue before such 34
57	57		public agency shall be reduced to writing and made available for public 35
58	58		inspection within forty-eight hours and shall also be recorded in the 36
59	59		minutes of the session at which taken. Not later than seven days after 37
60	60		the date of the session to which such minutes refer, such minutes shall 38
61	61		be available for public inspection and posted on such public agency's 39
62	62		Internet web site, if available, except that no public agency of a political 40
63	63		subdivision of the state shall be required to post such minutes on an 41
64	64		Internet web site unless conducting a remote meeting pursuant to 42
65	65		section 1 of this act. Each public agency shall make, keep and maintain 43
66	66		a record of the proceedings of its meetings. 44
67	67		(b) Each such public agency of the state shall file not later than 45
68	68		January thirty-first of each year in the office of the Secretary of the State 46
69	69		the schedule of the regular meetings of such public agency for the 47
70	70		ensuing year and shall post such schedule on such public agency's 48
71	71		Internet web site, if available, except that such requirements shall not 49
72	72		apply to the General Assembly, either house thereof or to any committee 50
73	73		thereof. Any other provision of the Freedom of Information Act 51
74	74		notwithstanding, the General Assembly at the commencement of each 52 Substitute Bill No. 1074
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81	81		regular session in the odd-numbered years, shall adopt, as part of its 53
82	82		joint rules, rules to provide notice to the public of its regular, special, 54
83	83		emergency or interim committee meetings. The chairperson or secretary 55
84	84		of any such public agency of any political subdivision of the state shall 56
85	85		file, not later than January thirty-first of each year, with the clerk of such 57
86	86		subdivision the schedule of regular meetings of such public agency for 58
87	87		the ensuing year, and no such meeting of any such public agency shall 59
88	88		be held sooner than thirty days after such schedule has been filed. The 60
89	89		chief executive officer of any multitown district or agency shall file, not 61
90	90		later than January thirty-first of each year, with the clerk of each 62
91	91		municipal member of such district or agency, the schedule of regular 63
92	92		meetings of such public agency for the ensuing year, and no such 64
93	93		meeting of any such public agency shall be held sooner than thirty days 65
94	94		after such schedule has been filed. 66
95	95		(c) The agenda of the regular meetings of every public agency, except 67
96	96		for the General Assembly, shall be available to the public and shall be 68
97	97		filed, not less than twenty-four hours before the meetings to which they 69
98	98		refer, (1) in such agency's regular office or place of business, and (2) in 70
99	99		the office of the Secretary of the State for any such public agency of the 71
100	100		state, in the office of the clerk of such subdivision for any public agency 72
101	101		of a political subdivision of the state or in the office of the clerk of each 73
102	102		municipal member of any multitown district or agency. For any such 74
103	103		public agency of the state, such agenda shall be posted on the public 75
104	104		agency's and the Secretary of the State's web sites. Any such agenda of 76
105	105		a remote meeting shall comply with the requirements of section 1 of this 77
106	106		act. Upon the affirmative vote of two-thirds of the members of a public 78
107	107		agency present and voting, any subsequent business not included in 79
108	108		such filed agendas may be considered and acted upon at such meetings. 80
109	109		(d) Notice of each special meeting of every public agency, except for 81
110	110		the General Assembly, either house thereof or any committee thereof, 82
111	111		shall be posted not less than twenty-four hours before the meeting to 83
112	112		which such notice refers on the public agency's Internet web site, if 84
113	113		available, and given not less than twenty-four hours prior to the time of 85 Substitute Bill No. 1074
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120	120		such meeting by filing a notice of the time and place thereof in the office 86
121	121		of the Secretary of the State for any such public agency of the state, in 87
122	122		the office of the clerk of such subdivision for any public agency of a 88
123	123		political subdivision of the state and in the office of the clerk of each 89
124	124		municipal member for any multitown district or agency. The secretary 90
125	125		or clerk shall cause any notice received under this section to be posted 91
126	126		in his office. Such notice shall be given not less than twenty-four hours 92
127	127		prior to the time of the special meeting; provided, in case of emergency, 93
128	128		except for the General Assembly, either house thereof or any committee 94
129	129		thereof, any such special meeting may be held without complying with 95
130	130		the foregoing requirement for the filing of notice but a copy of the 96
131	131		minutes of every such emergency special meeting adequately setting 97
132	132		forth the nature of the emergency and the proceedings occurring at such 98
133	133		meeting shall be filed with the Secretary of the State, the clerk of such 99
134	134		political subdivision, or the clerk of each municipal member of such 100
135	135		multitown district or agency, as the case may be, not later than seventy-101
136	136		two hours following the holding of such meeting. The notice shall 102
137	137		specify the time and place of the special meeting and the business to be 103
138	138		transacted, and if to be held remotely, shall comply with the 104
139	139		requirements of section 1 of this act. No other business shall be 105
140	140		considered at such meetings by such public agency. In addition, such 106
141	141		written notice shall be delivered to the usual place of abode of each 107
142	142		member of the public agency or by electronic means at an address 108
143	143		designated by such member, so that the same is received prior to such 109
144	144		special meeting. The requirement of delivery of such written notice may 110
145	145		be dispensed with as to any member who at or prior to the time the 111
146	146		meeting convenes files with the clerk or secretary of the public agency a 112
147	147		written waiver of delivery of such notice. Such waiver may be given [by 113
148	148		telegram] electronically. The requirement of delivery of such written 114
149	149		notice may also be dispensed with as to any member who is actually 115
150	150		present at the meeting at the time it convenes. Nothing in this section 116
151	151		shall be construed to prohibit any agency from adopting more stringent 117
152	152		notice requirements. 118
153	153		(e) No member of the public shall be required, as a condition to 119 Substitute Bill No. 1074
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160	160		attendance at a meeting of any such body, to register the member's 120
161	161		name, or furnish other information, or complete a questionnaire or 121
162	162		otherwise fulfill any condition precedent to the member's attendance. 122
163	163		(f) A public agency may hold an executive session [, as defined in 123
164	164		subdivision (6) of section 1-200,] upon an affirmative vote of two-thirds 124
165	165		of the members of such body present and voting, taken at a public 125
166	166		meeting or a remote meeting held pursuant to section 1 of this act and 126
167	167		stating the reasons for such executive session. [, as defined in section 1-127
168	168		200.] 128
169	169		(g) In determining the time within which or by when a notice, agenda, 129
170	170		record of votes or minutes of a special meeting or an emergency special 130
171	171		meeting are required to be filed under this section, Saturdays, Sundays, 131
172	172		legal holidays and any day on which the office of the agency, the 132
173	173		Secretary of the State or the clerk of the applicable political subdivision 133
174	174		or the clerk of each municipal member of any multitown district or 134
175	175		agency, as the case may be, is closed, shall be excluded. 135
176	176		Sec. 3. Section 1-226 of the general statutes is repealed and the 136
177	177		following is substituted in lieu thereof (Effective from passage): 137
178	178		(a) At any meeting of a public agency which is open to the public, 138
179	179		pursuant to the provisions of section 1-225, as amended by this act, 139
180	180		proceedings of such public agency may be recorded, photographed, 140
181	181		broadcast or recorded for broadcast, subject to such rules as such public 141
182	182		agency may have prescribed prior to such meeting, by any person or by 142
183	183		any newspaper, radio broadcasting company or television broadcasting 143
184	184		company, provided any remote meeting shall be available for viewing 144
185	185		and recorded in accordance with section 1 of this act. Any recording, 145
186	186		radio, television or photographic equipment may be so located within 146
187	187		the meeting room as to permit the recording, broadcasting either by 147
188	188		radio, or by television, or by both, or the photographing of the 148
189	189		proceedings of such public agency. The photographer or broadcaster 149
190	190		and its personnel, or the person recording the proceedings, shall be 150
191	191		required to handle the photographing, broadcast or recording as 151 Substitute Bill No. 1074
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198	198		inconspicuously as possible and in such manner as not to disturb the 152
199	199		proceedings of the public agency. As used [herein] in this section, the 153
200	200		term [television shall include] "television" includes the transmission of 154
201	201		visual and audible signals by cable. 155
202	202		(b) Any such public agency may adopt rules governing such 156
203	203		recording, photography or the use of such broadcasting equipment for 157
204	204		radio and television stations but, (1) in the absence of the adoption of 158
205	205		such rules and regulations by such public agency prior to the meeting, 159
206	206		such recording, photography or the use of such radio and television 160
207	207		equipment shall be permitted as provided in subsection (a) of this 161
208	208		section, and (2) any such rules and regulations concerning remote 162
209	209		meetings shall comply with the requirements of section 1 of this act. 163
210	210		(c) Whenever there is a violation or the probability of a violation of 164
211	211		subsections (a) and (b) of this section the superior court, or a judge 165
212	212		thereof, for the judicial district in which such meeting is taking place 166
213	213		shall, upon application made by affidavit that such violation is taking 167
214	214		place or that there is reasonable probability that such violation will take 168
215	215		place, issue a temporary injunction against any such violation without 169
216	216		notice to the adverse party to show cause why such injunction should 170
217	217		not be granted and without the plaintiff's giving bond. Any person or 171
218	218		public agency so enjoined may immediately appear and be heard by the 172
219	219		court or judge granting such injunction with regard to dissolving or 173
220	220		modifying the same and, after hearing the parties and upon a 174
221	221		determination that such meeting should not be open to the public, said 175
222	222		court or judge may dissolve or modify the injunction. Any action taken 176
223	223		by a judge upon any such application shall be immediately certified to 177
224	224		the court to which such proceedings are returnable. 178
225	225		Sec. 4. Section 1-228 of the general statutes is repealed and the 179
226	226		following is substituted in lieu thereof (Effective from passage): 180
227	227		The public agency may adjourn any regular or special meeting to a 181
228	228		time and place specified in the order of adjournment. Less than a 182
229	229		quorum may so adjourn from time to time. If all members are absent 183 Substitute Bill No. 1074
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236	236		from any regular meeting the clerk or the secretary of such body may 184
237	237		declare the meeting adjourned to a stated time and place and shall cause 185
238	238		a written notice of the adjournment to be given in the same manner as 186
239	239		provided in section 1-225, as amended by this act, for special meetings, 187
240	240		unless such notice is waived as provided for special meetings, or as 188
241	241		provided in section 1 of this act, for remote meetings. A copy of the order 189
242	242		or notice of adjournment shall be conspicuously posted on or near the 190
243	243		door of the place where the regular or special meeting was held, or in a 191
244	244		conspicuous place on the Internet web site of the public agency, within 192
245	245		twenty-four hours after the time of the adjournment. When an order of 193
246	246		adjournment of any meeting fails to state the hour at which the 194
247	247		adjourned meeting is to be held, it shall be held at the hour specified for 195
248	248		regular meetings, by ordinance, resolution, by law or other rule. 196
249	249		Sec. 5. Section 1-200 of the general statutes is repealed and the 197
250	250		following is substituted in lieu thereof (Effective from passage): 198
251	251		As used in this chapter and section 1 of this act, the following words 199
252	252		and phrases shall have the following meanings, except where such 200
253	253		terms are used in a context which clearly indicates the contrary: 201
254	254		(1) "Public agency" or "agency" means: 202
255	255		(A) Any executive, administrative or legislative office of the state or 203
256	256		any political subdivision of the state and any state or town agency, any 204
257	257		department, institution, bureau, board, commission, authority or official 205
258	258		of the state or of any city, town, borough, municipal corporation, school 206
259	259		district, regional district or other district or other political subdivision of 207
260	260		the state, including any committee of, or created by, any such office, 208
261	261		subdivision, agency, department, institution, bureau, board, 209
262	262		commission, authority or official, and also includes any judicial office, 210
263	263		official, or body or committee thereof but only with respect to its or their 211
264	264		administrative functions, and for purposes of this subparagraph, 212
265	265		"judicial office" includes, but is not limited to, the Division of Public 213
266	266		Defender Services; 214 Substitute Bill No. 1074
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273	273		(B) Any person to the extent such person is deemed to be the 215
274	274		functional equivalent of a public agency pursuant to law; or 216
275	275		(C) Any "implementing agency", as defined in section 32-222. 217
276	276		(2) "Meeting" means any hearing or other proceeding of a public 218
277	277		agency, any convening or assembly of a quorum of a multimember 219
278	278		public agency, and any communication by or to a quorum of a 220
279	279		multimember public agency, whether in person or by means of 221
280	280		electronic equipment, to discuss or act upon a matter over which the 222
281	281		public agency has supervision, control, jurisdiction or advisory power. 223
282	282		"Meeting" does not include: Any meeting of a personnel search 224
283	283		committee for executive level employment candidates; any chance 225
284	284		meeting, or a social meeting neither planned nor intended for the 226
285	285		purpose of discussing matters relating to official business; strategy or 227
286	286		negotiations with respect to collective bargaining; a caucus of members 228
287	287		of a single political party notwithstanding that such members also 229
288	288		constitute a quorum of a public agency; an administrative or staff 230
289	289		meeting of a single-member public agency; and communication limited 231
290	290		to notice of meetings of any public agency or the agendas thereof. A 232
291	291		quorum of the members of a public agency who are present at any event 233
292	292		which has been noticed and conducted as a meeting of another public 234
293	293		agency under the provisions of the Freedom of Information Act shall not 235
294	294		be deemed to be holding a meeting of the public agency of which they 236
295	295		are members as a result of their presence at such event. 237
296	296		(3) "Caucus" means (A) a convening or assembly of the enrolled 238
297	297		members of a single political party who are members of a public agency 239
298	298		within the state or a political subdivision, or (B) the members of a 240
299	299		multimember public agency, which members constitute a majority of 241
300	300		the membership of the agency, or the other members of the agency who 242
301	301		constitute a minority of the membership of the agency, who register 243
302	302		their intention to be considered a majority caucus or minority caucus, as 244
303	303		the case may be, for the purposes of the Freedom of Information Act, 245
304	304		provided (i) the registration is made with the office of the Secretary of 246
305	305		the State for any such public agency of the state, in the office of the clerk 247 Substitute Bill No. 1074
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312	312		of a political subdivision of the state for any public agency of a political 248
313	313		subdivision of the state, or in the office of the clerk of each municipal 249
314	314		member of any multitown district or agency, (ii) no member is 250
315	315		registered in more than one caucus at any one time, (iii) no such 251
316	316		member's registration is rescinded during the member's remaining term 252
317	317		of office, and (iv) a member may remain a registered member of the 253
318	318		majority caucus or minority caucus regardless of whether the member 254
319	319		changes his or her party affiliation under chapter 143. 255
320	320		(4) "Person" means natural person, partnership, corporation, limited 256
321	321		liability company, association or society. 257
322	322		(5) "Public records or files" means any recorded data or information 258
323	323		relating to the conduct of the public's business prepared, owned, used, 259
324	324		received or retained by a public agency, or to which a public agency is 260
325	325		entitled to receive a copy by law or contract under section 1-218, 261
326	326		whether such data or information be handwritten, typed, tape-recorded, 262
327	327		printed, photostated, photographed or recorded by any other method. 263
328	328		(6) "Executive sessions" means a meeting of a public agency at which 264
329	329		the public is excluded for one or more of the following purposes: (A) 265
330	330		Discussion concerning the appointment, employment, performance, 266
331	331		evaluation, health or dismissal of a public officer or employee, provided 267
332	332		that such individual may require that discussion be held at an open 268
333	333		meeting; (B) strategy and negotiations with respect to pending claims or 269
334	334		pending litigation to which the public agency or a member thereof, 270
335	335		because of the member's conduct as a member of such agency, is a party 271
336	336		until such litigation or claim has been finally adjudicated or otherwise 272
337	337		settled; (C) matters concerning security strategy or the deployment of 273
338	338		security personnel, or devices affecting public security; (D) discussion 274
339	339		of the selection of a site or the lease, sale or purchase of real estate by the 275
340	340		state or a political subdivision of the state when publicity regarding such 276
341	341		site, lease, sale, purchase or construction would adversely impact the 277
342	342		price of such site, lease, sale, purchase or construction until such time as 278
343	343		all of the property has been acquired or all proceedings or transactions 279
344	344		concerning same have been terminated or abandoned; and (E) 280 Substitute Bill No. 1074
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351	351		discussion of any matter which would result in the disclosure of public 281
352	352		records or the information contained therein described in subsection (b) 282
353	353		of section 1-210. 283
354	354		(7) "Personnel search committee" means a body appointed by a public 284
355	355		agency, whose sole purpose is to recommend to the appointing agency 285
356	356		a candidate or candidates for an executive-level employment position. 286
357	357		Members of a "personnel search committee" shall not be considered in 287
358	358		determining whether there is a quorum of the appointing or any other 288
359	359		public agency. 289
360	360		(8) "Pending claim" means a written notice to an agency which sets 290
361	361		forth a demand for legal relief or which asserts a legal right stating the 291
362	362		intention to institute an action in an appropriate forum if such relief or 292
363	363		right is not granted. 293
364	364		(9) "Pending litigation" means (A) a written notice to an agency which 294
365	365		sets forth a demand for legal relief or which asserts a legal right stating 295
366	366		the intention to institute an action before a court if such relief or right is 296
367	367		not granted by the agency; (B) the service of a complaint against an 297
368	368		agency returnable to a court which seeks to enforce or implement legal 298
369	369		relief or a legal right; or (C) the agency's consideration of action to 299
370	370		enforce or implement legal relief or a legal right. 300
371	371		(10) "Freedom of Information Act" means this chapter. 301
372	372		(11) "Governmental function" means the administration or 302
373	373		management of a program of a public agency, which program has been 303
374	374		authorized by law to be administered or managed by a person, where 304
375	375		(A) the person receives funding from the public agency for 305
376	376		administering or managing the program, (B) the public agency is 306
377	377		involved in or regulates to a significant extent such person's 307
378	378		administration or management of the program, whether or not such 308
379	379		involvement or regulation is direct, pervasive, continuous or day-to-309
380	380		day, and (C) the person participates in the formulation of governmental 310
381	381		policies or decisions in connection with the administration or 311 Substitute Bill No. 1074
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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	419		(c), the agency shall provide the required notice to such employee and 343
420	420		collective bargaining representative by certified mail, return receipt 344 Substitute Bill No. 1074
421	421
422	422
423	423		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01074-
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425	425		12 of 16
426	426
427	427		requested or by hand delivery with a signed receipt. A public employee 345
428	428		whose personnel or medical file or similar file is the subject of an appeal 346
429	429		under this subsection may intervene as a party in the proceedings on the 347
430	430		matter before the commission. [Said] Except as provided in 348
431	431		subparagraph (B) of this subdivision, said commission shall, after due 349
432	432		notice to the parties, hear and decide the appeal within one year after 350
433	433		the filing of the notice of appeal. The commission shall adopt regulations 351
434	434		in accordance with chapter 54, establishing criteria for those appeals 352
435	435		which shall be privileged in their assignment for hearing. Any such 353
436	436		appeal shall be heard not later than thirty days after receipt of a notice 354
437	437		of appeal and decided not later than sixty days after the hearing. If a 355
438	438		notice of appeal concerns an announced agency decision to meet in 356
439	439		executive session or an ongoing agency practice of meeting in executive 357
440	440		sessions, for a stated purpose, the commission or a member or members 358
441	441		of the commission designated by its chairperson shall serve notice upon 359
442	442		the parties in accordance with this section and hold a preliminary 360
443	443		hearing on the appeal not later than seventy-two hours after receipt of 361
444	444		the notice, provided such notice shall be given to the parties at least 362
445	445		forty-eight hours prior to such hearing. During such preliminary 363
446	446		hearing, the commission shall take evidence and receive testimony from 364
447	447		the parties. If after the preliminary hearing the commission finds 365
448	448		probable cause to believe that the agency decision or practice is in 366
449	449		violation of sections 1-200 and 1-225, as amended by this act, the agency 367
450	450		shall not meet in executive session for such purpose until the 368
451	451		commission decides the appeal. If probable cause is found by the 369
452	452		commission, it shall conduct a final hearing on the appeal and render its 370
453	453		decision not later than five days after the completion of the preliminary 371
454	454		hearing. Such decision shall specify the commission's findings of fact 372
455	455		and conclusions of law. 373
456	456		(B) (i) Any appeal filed on or after the effective date of this section 374
457	457		until December 31, 2021, shall not be subject to the deadlines for filing 375
458	458		an appeal as set forth in subparagraph (A) of this subdivision, and (ii) 376
459	459		any appeal pending on or filed on or after the effective date of this 377
460	460		section until December 31, 2021, shall not be subject to the requirement 378 Substitute Bill No. 1074
461	461
462	462
463	463		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01074-
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466	466
467	467		that the commission decide such appeal within one year as set forth in 379
468	468		subparagraph (A) of this subdivision. 380
469	469		Sec. 7. (NEW) (Effective from passage) As used in this section, "COVID-381
470	470		19" means the respiratory disease designated by the World Health 382
471	471		Organization on February 11, 2020, as coronavirus 2019, and any related 383
472	472		mutation thereof recognized by said organization as a communicable 384
473	473		respiratory disease. Notwithstanding any provision of the general 385
474	474		statutes, between the effective date of this section and December 31, 386
475	475		2021, inclusive, any department head, as defined in section 4-5 of the 387
476	476		general statutes, may issue any directive, rule, guidance or order 388
477	477		modifying or suspending any regulatory requirements adopted by the 389
478	478		department head that the department head deems necessary to reduce 390
479	479		the spread of COVID-19 and to protect the public health. 391
480	480		Sec. 8. (NEW) (Effective from passage) As used in this section, "COVID-392
481	481		19" means the respiratory disease designated by the World Health 393
482	482		Organization on February 11, 2020, as coronavirus 2019, and any related 394
483	483		mutation thereof recognized by said organization as a communicable 395
484	484		respiratory disease. Notwithstanding any provision of title 7 or 9 of the 396
485	485		general statutes, section 10-46 of the general statutes, any special act, 397
486	486		municipal charter, ordinance, bylaw or resolution, or any plan of 398
487	487		reapportionment approved pursuant to section 10-63l of the general 399
488	488		statutes, in any municipality where (1) the town meeting, annual town 400
489	489		meeting, district meeting or other meeting of electors or voters is the 401
490	490		authority for appointing or electing members or officials to any 402
491	491		municipal or regional governmental office, board, agency, commission 403
492	492		or quasi-municipal corporation, and (2) such appointments require a 404
493	493		district or town meeting or election to be held that is scheduled to occur 405
494	494		after June 30, 2021, but before December 31, 2021, for the purposes of 406
495	495		electing, nominating or appointing such members or officials, the 407
496	496		officials responsible for administering any such district or town meeting 408
497	497		or election shall use their best efforts to conduct such proceedings using 409
498	498		remote means in accordance with the provisions of section 1 of this act, 410
499	499		while also implementing measures to safeguard the integrity of the 411 Substitute Bill No. 1074
500	500
501	501
502	502		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01074-
503		-	~~R02~~-SB.docx }
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504	504		14 of 16
505	505
506	506		process. If such officials determine that any such district or town 412
507	507		meeting or election cannot be conducted safely and accurately by 413
508	508		remote means, such officials shall take all reasonable measures to 414
509	509		protect the public health, including consulting with local or state public 415
510	510		health officials and conducting such meeting or election in a way that 416
511	511		significantly reduces the risk of transmission of COVID-19. 417
512	512		Sec. 9. (NEW) (Effective from passage) (a) As used in this section, 418
513	513		"notary public" means a person appointed by the Secretary of the State 419
514	514		pursuant to section 3-94b of the general statutes or a commissioner of 420
515	515		the Superior Court as described in section 51-85 of the general statutes. 421
516	516		Notwithstanding any provision of the general statutes, between the 422
517	517		effective date of this section and December 31, 2021, inclusive, any 423
518	518		notarial act that is required under Connecticut law to be performed by 424
519	519		a notary public may be performed using an electronic device or process 425
520	520		that allows a notary public and a remotely located individual to 426
521	521		communicate with each other simultaneously by sight and sound, 427
522	522		provided the following conditions are met: 428
523	523		(1) The individual seeking the notarial act from a notary public, if not 429
524	524		personally known to the notary public, shall present satisfactory 430
525	525		evidence of identity, as defined in section 3-94a of the general statutes, 431
526	526		while connected to the electronic device or process, and may not 432
527	527		transmit such evidence prior to or after the transaction; 433
528	528		(2) The electronic device or process used by the notary public shall be 434
529	529		capable of recording the complete notarial act and such recording shall 435
530	530		be made and retained by the notary public for not less than ten years; 436
531	531		(3) The individual seeking the notarial act shall affirmatively 437
532	532		represent using the electronic device or process that he or she is 438
533	533		physically situated in this state; 439
534	534		(4) The individual seeking the notarial act shall transmit by fax or 440
535	535		electronic means a legible copy of the signed document directly to the 441
536	536		notary public on the same date it was executed; 442 Substitute Bill No. 1074
537	537
538	538
539	539		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01074-
540		-	~~R02~~-SB.docx }
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541	541		15 of 16
542	542
543	543		(5) The notary public may notarize the transmitted copy of the 443
544	544		document and transmit such copy to the individual seeking the notarial 444
545	545		act by fax or electronic means; and 445
546	546		(6) The notary public may repeat the notarization of the original 446
547	547		signed document as of the date of execution, provided the notary public 447
548	548		receives such original signed document, together with the electronically 448
549	549		notarized copy, within thirty days after the date of execution. 449
550	550		(b) Notwithstanding the provisions of subdivisions (1) to (6), 450
551	551		inclusive, of subsection (a) of this section, only an attorney admitted to 451
552	552		practice law in this state and in good standing may remotely administer 452
553	553		a self-proving affidavit to a will pursuant to section 45a-285 of the 453
554	554		general statutes or conduct a real estate closing as required under 454
555	555		section 51-88a of the general statutes. Any witnessing requirement for a 455
556	556		will may be satisfied remotely through the use of an electronic device or 456
557	557		process if it is completed under the supervision of a commissioner of the 457
558	558		Superior Court. The supervising commissioner shall certify that he or 458
559	559		she supervised the remote witnessing of the will. 459
560	560		(c) Notwithstanding any provision of the general statutes, no witness 460
561	561		shall be required for any document requiring a notarial act, other than a 461
562	562		will, as set forth in subsection (b) of this section. 462
563	563		(d) All remotely notarized documents pertaining to real property 463
564	564		shall be accepted for recording on the land records by all town clerks. A 464
565	565		one-page certification confirming the use of remote notarization 465
566	566		procedures shall be attached to each remotely notarized document 466
567	567		submitted for recording on the land records in this state. 467
568	568		This act shall take effect as follows and shall amend the following
569	569		sections:
570	570
571	571		Section 1 from passage New section
572	572		Sec. 2 from passage 1-225
573	573		Sec. 3 from passage 1-226
574	574		Sec. 4 from passage 1-228 Substitute Bill No. 1074
575	575
576	576
577	577		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01074-
578		-	~~R02~~-SB.docx }
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579	579		16 of 16
580	580
581	581		Sec. 5 from passage 1-200
582	582		Sec. 6 from passage 1-206(b)(1)
583	583		Sec. 7 from passage New section
584	584		Sec. 8 from passage New section
585	585		Sec. 9 from passage New section
586	586
	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.
587	592
588	593		GAE Joint Favorable Subst. -LCO
589		-	APP Joint Favorable
590	594