Researcher: MK Page 1 4/14/22
OLR Bill Analysis
sHB 5211
AN ACT CONCERNING THE APPLICATION OF THE FREEDOM OF
INFORMATION ACT TO CERTAIN CEMETERY ASSOCIATIONS.
SUMMARY
This bill deems a cemetery association to be a public agency under
the Freedom of Information Act (FOIA) if it (1) is incorporated under
state law as a nonstock corporation and (2) receives or spends public
funds.
Under the bill, “public funds” are moneys collected or received by,
or in the custody of, any person and belonging to, or held in trust for, a
municipality, including money the municipality holds in trust or for
some public or charitable purpose.
Generally, under FOIA, a “public agency” is any (1) state, municipal,
regional, or quasi-public agency or (2) entity that is deemed to be the
functional equivalent of these agencies (CGS § 1-200(1)).
Among other things, FOIA requires public agencies, with limited
exceptions, to (1) make their records and files available to the public for
inspection and copying, (2) post their meeting agendas and minutes,
and (3) allow the public to attend their meetings (CGS §§ 1-210 & 1-225).
The bill also makes technical changes.
EFFECTIVE DATE: July 1, 2022
COMMITTEE ACTION
Judiciary Committee
Joint Favorable
Yea 24 Nay 15 (03/29/2022)