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 Section 1-225 of the general statutes is repealed and the 28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