Connecticut 2022 Regular Session

Connecticut House Bill HB05458 Compare Versions

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76 General Assembly Raised Bill No. 5458
87 February Session, 2022
98 LCO No. 2928
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1110
12-Referred to Committee on GOVERNMENT
13-ADMINISTRATION AND ELECTIONS
11+Referred to Committee on GOVERNMENT ADMINISTRATION
12+AND ELECTIONS
1413
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1615 Introduced by:
1716 (GAE)
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2020
2121 AN ACT CONCERNING REVISIONS TO THE FREEDOM OF
2222 INFORMATION ACT RECOMMENDED BY THE FREEDOM OF
2323 INFORMATION COMMISSION.
2424 Be it enacted by the Senate and House of Representatives in General
2525 Assembly convened:
2626
2727 Section 1. Section 1-200 of the 2022 supplement to the general statutes 1
2828 is repealed and the following is substituted in lieu thereof (Effective 2
2929 October 1, 2022): 3
3030 As used in this chapter, the following words and phrases have the 4
3131 following meanings, except where such terms are used in a context 5
3232 which clearly indicates the contrary: 6
3333 (1) "Public agency" or "agency" means: 7
3434 (A) Any executive, administrative or legislative office of the state or 8
3535 any political subdivision of the state and any state or town agency, any 9
3636 department, institution, bureau, board, commission, authority or official 10
3737 of the state or of any city, town, borough, municipal corporation, school 11
3838 district, regional district or other district or other political subdivision of 12 Raised Bill No. 5458
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4544 the state, including any committee of, or created by, any such office, 13
4645 subdivision, agency, department, institution, bureau, board, 14
4746 commission, authority or official, and also includes any judicial office, 15
4847 official, or body or committee thereof but only with respect to its or their 16
4948 administrative functions, and for purposes of this subparagraph, 17
5049 "judicial office" includes, but is not limited to, the Division of Public 18
5150 Defender Services; 19
5251 (B) Any person to the extent such person is deemed to be the 20
5352 functional equivalent of a public agency pursuant to law; or 21
5453 (C) Any "implementing agency", as defined in section 32-222. 22
5554 (2) "Meeting" means any hearing or other proceeding of a public 23
5655 agency, any convening or assembly of a quorum of a multimember 24
5756 public agency, and any communication by or to a quorum of a 25
5857 multimember public agency, whether in person or by means of 26
5958 electronic equipment, to discuss or act upon a matter over which the 27
6059 public agency has supervision, control, jurisdiction or advisory power. 28
6160 "Meeting" does not include: Any meeting of a personnel search 29
6261 committee for executive level employment candidates; any chance 30
6362 meeting, or a social meeting neither planned nor intended for the 31
6463 purpose of discussing matters relating to official business; strategy or 32
6564 negotiations with respect to collective bargaining; a caucus of members 33
6665 of a single political party notwithstanding that such members also 34
6766 constitute a quorum of a public agency; an administrative or staff 35
6867 meeting of a single-member public agency; and communication limited 36
6968 to notice of meetings of any public agency or the agendas thereof. A 37
7069 quorum of the members of a public agency who are present at any event 38
7170 which has been noticed and conducted as a meeting of another public 39
7271 agency under the provisions of the Freedom of Information Act shall not 40
7372 be deemed to be holding a meeting of the public agency of which they 41
7473 are members as a result of their presence at such event. 42
7574 (3) "Caucus" means (A) a convening or assembly of the enrolled 43
7675 members of a single political party who are members of a public agency 44 Raised Bill No. 5458
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8381 within the state or a political subdivision, or (B) the members of a 45
8482 multimember public agency, which members constitute a majority of 46
8583 the membership of the agency, or the other members of the agency who 47
8684 constitute a minority of the membership of the agency, who register 48
8785 their intention to be considered a majority caucus or minority caucus, as 49
8886 the case may be, for the purposes of the Freedom of Information Act, 50
8987 provided (i) the registration is made with the office of the Secretary of 51
9088 the State for any such public agency of the state, in the office of the clerk 52
9189 of a political subdivision of the state for any public agency of a political 53
9290 subdivision of the state, or in the office of the clerk of each municipal 54
9391 member of any multitown district or agency, (ii) no member is 55
9492 registered in more than one caucus at any one time, (iii) no such 56
9593 member's registration is rescinded during the member's remaining term 57
9694 of office, and (iv) a member may remain a registered member of the 58
9795 majority caucus or minority caucus regardless of whether the member 59
9896 changes his or her party affiliation under chapter 143. 60
9997 (4) "Person" means a natural person, partnership, corporation, limited 61
10098 liability company, association or society. 62
10199 (5) "Public records or files" means any recorded data or information 63
102100 relating to the conduct of the public's business prepared, owned, used, 64
103101 received or retained by a public agency, or to which a public agency is 65
104102 entitled to receive a copy by law or contract under section 1-218, as 66
105103 amended by this act, whether such data or information be handwritten, 67
106104 typed, tape-recorded, videotaped, printed, photostated, photographed 68
107105 or recorded by any other method. 69
108106 (6) "Executive sessions" means a meeting of a public agency at which 70
109107 the public is excluded for one or more of the following purposes: (A) 71
110108 Discussion concerning the appointment, employment, performance, 72
111109 evaluation, health or dismissal of a public officer or employee, provided 73
112110 that such individual may require that discussion be held at an open 74
113111 meeting; (B) strategy and negotiations with respect to pending claims or 75
114112 pending litigation to which the public agency or a member thereof, 76
115113 because of the member's conduct as a member of such agency, is a party 77 Raised Bill No. 5458
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122119 until such litigation or claim has been finally adjudicated or otherwise 78
123120 settled; (C) matters concerning security strategy or the deployment of 79
124121 security personnel, or devices affecting public security; (D) discussion 80
125122 of the selection of a site or the lease, sale or purchase of real estate by the 81
126123 state or a political subdivision of the state when publicity regarding such 82
127124 site, lease, sale, purchase or construction would adversely impact the 83
128125 price of such site, lease, sale, purchase or construction until such time as 84
129126 all of the property has been acquired or all proceedings or transactions 85
130127 concerning same have been terminated or abandoned; and (E) 86
131128 discussion of any matter which would result in the disclosure of public 87
132129 records or the information contained therein described in subsection (b) 88
133130 of section 1-210, as amended by this act. 89
134131 (7) "Personnel search committee" means a body appointed by a public 90
135132 agency, whose sole purpose is to recommend to the appointing agency 91
136133 a candidate or candidates for an executive-level employment position. 92
137134 Members of a "personnel search committee" shall not be considered in 93
138135 determining whether there is a quorum of the appointing or any other 94
139136 public agency. 95
140137 (8) "Pending claim" means a written notice to an agency which sets 96
141138 forth a demand for legal relief or which asserts a legal right stating the 97
142139 intention to institute an action in an appropriate forum if such relief or 98
143140 right is not granted. 99
144141 (9) "Pending litigation" means (A) a written notice to an agency which 100
145142 sets forth a demand for legal relief or which asserts a legal right stating 101
146143 the intention to institute an action before a court if such relief or right is 102
147144 not granted by the agency; (B) the service of a complaint against an 103
148145 agency returnable to a court which seeks to enforce or implement legal 104
149146 relief or a legal right; or (C) the agency's consideration of action to 105
150147 enforce or implement legal relief or a legal right. 106
151148 (10) "Freedom of Information Act" means this chapter. 107
152-[(11) "Governmental function" means the administration or 108 Raised Bill No. 5458
149+[(11) "Governmental function" means the administration or 108
150+management of a program of a public agency, which program has been 109 Raised Bill No. 5458
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159-management of a program of a public agency, which program has been 109
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160156 authorized by law to be administered or managed by a person, where 110
161157 (A) the person receives funding from the public agency for 111
162158 administering or managing the program, (B) the public agency is 112
163159 involved in or regulates to a significant extent such person's 113
164160 administration or management of the program, whether or not such 114
165161 involvement or regulation is direct, pervasive, continuous or day-to-115
166162 day, and (C) the person participates in the formulation of governmental 116
167163 policies or decisions in connection with the administration or 117
168164 management of the program and such policies or decisions bind the 118
169165 public agency. "Governmental function" shall not include the mere 119
170166 provision of goods or services to a public agency without the delegated 120
171167 responsibility to administer or manage a program of a public agency.] 121
172168 [(12)] (11) "Electronic equipment" means any technology that 122
173169 facilitates real-time public access to meetings, including, but not limited 123
174170 to, telephonic, video or other conferencing platforms. 124
175171 [(13)] (12) "Electronic transmission" means any form or process of 125
176172 communication not directly involving the physical transfer of paper or 126
177173 another tangible medium, which (A) is capable of being retained, 127
178174 retrieved and reproduced by the recipient, and (B) is retrievable in paper 128
179175 form by the recipient. 129
180176 Sec. 2. Section 1-218 of the general statutes is repealed and the 130
181177 following is substituted in lieu thereof (Effective October 1, 2022): 131
182178 (a) For purposes of this section, "governmental function" means the 132
183179 administration or management of a program of a public agency, which 133
184180 program has been authorized by law to be administered or managed by 134
185181 a person, where (1) the person receives funding from the public agency 135
186182 for administering or managing the program, (2) the public agency is 136
187183 involved in or regulates to a significant extent such person's 137
188184 administration or management of the program, whether or not such 138
189185 involvement or regulation is direct, pervasive, continuous or day-to-139
190-day, and (3) the person participates in the formulation of governmental 140 Raised Bill No. 5458
186+day, and (3) the person participates in the formulation of governmental 140
187+policies or decisions in connection with the administration or 141 Raised Bill No. 5458
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198193 management of the program and such policies or decisions bind the 142
199194 public agency. "Governmental function" does not include the mere 143
200195 provision of goods or services to a public agency without the delegated 144
201196 responsibility to administer or manage a program of a public agency. 145
202197 (b) Each contract in excess of two million five hundred thousand 146
203198 dollars between a public agency and a person for the performance of a 147
204199 governmental function shall (1) provide that the public agency is 148
205200 entitled to receive a copy of records and files related to the performance 149
206201 of the governmental function, and (2) indicate that such records and files 150
207202 are subject to the Freedom of Information Act and may be disclosed by 151
208203 the public agency pursuant to the Freedom of Information Act. No 152
209204 request to inspect or copy such records or files shall be valid unless the 153
210205 request is made to the public agency in accordance with the Freedom of 154
211206 Information Act. Any complaint by a person who is denied the right to 155
212207 inspect or copy such records or files shall be brought to the Freedom of 156
213208 Information Commission in accordance with the provisions of sections 157
214209 1-205, as amended by this act, and 1-206. 158
215210 Sec. 3. Subsection (b) of section 1-211 of the general statutes is 159
216211 repealed and the following is substituted in lieu thereof (Effective October 160
217212 1, 2022): 161
218213 (b) Except as otherwise provided by state statute, no public agency 162
219214 shall enter into a contract with, or otherwise obligate itself to, any person 163
220215 if such contract or obligation impairs the right of the public under the 164
221216 Freedom of Information Act to inspect or copy the agency's nonexempt 165
222217 public records existing on-line in, or stored on a device or medium used 166
223218 in connection with, a computer system owned, leased or otherwise used 167
224219 by the agency. [in the course of its governmental functions.] 168
225220 Sec. 4. Subsection (e) of section 1-205 of the general statutes is 169
226221 repealed and the following is substituted in lieu thereof (Effective October 170
227-1, 2022): 171 Raised Bill No. 5458
222+1, 2022): 171
223+(e) The Freedom of Information Commission shall conduct training 172
224+sessions, at least annually, for members of public agencies for the 173 Raised Bill No. 5458
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234-(e) The Freedom of Information Commission shall conduct training 172
235-sessions, at least annually, for members of public agencies for the 173
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236230 purpose of educating such members as to the requirements of this 174
237231 section and sections [1-7 to 1-14, inclusive, 1-16 to 1-18, inclusive,] 1-200 175
238232 to 1-202, inclusive, [1-205,] as amended by this act, 1-206, 1-210 to [1-217] 176
239233 1-219, inclusive, as amended by this act, 1-225 to 1-232, inclusive, as 177
240234 amended by this act, 1-240 [, 1-241] and [19a-342] 1-242. 178
241235 Sec. 5. Subdivision (17) of subsection (b) of section 1-210 of the 2022 179
242236 supplement to the general statutes is repealed and the following is 180
243237 substituted in lieu thereof (Effective October 1, 2022): 181
244238 (17) [Educational] Education records which are not subject to 182
245239 disclosure under the Family Educational Rights and Privacy Act, 20 183
246240 USC 1232g; 184
247241 Sec. 6. Subsection (g) of section 1-212 of the general statutes is 185
248242 repealed and the following is substituted in lieu thereof (Effective October 186
249243 1, 2022): 187
250244 (g) Any individual may copy a public record through the use of a 188
251245 hand-held scanner. A public agency may establish a fee structure not to 189
252246 exceed twenty dollars for an individual to pay each time the individual 190
253247 copies records at the agency with a hand-held scanner. As used in this 191
254248 section, "hand-held scanner" means a battery operated electronic 192
255249 scanning device the use of which (1) leaves no mark or impression on 193
256250 the public record, and (2) does not unreasonably interfere with the 194
257251 operation of the public agency. "Hand-held scanner" includes, but is not 195
258252 limited to, a mobile telephone or camera. 196
259253 Sec. 7. Subsection (d) of section 1-225 of the general statutes is 197
260254 repealed and the following is substituted in lieu thereof (Effective October 198
261255 1, 2022): 199
262256 (d) Notice of each special meeting of every public agency, except for 200
263257 the General Assembly, either house thereof or any committee thereof, 201
264-shall be posted not less than twenty-four hours before the meeting to 202 Raised Bill No. 5458
258+shall be posted not less than twenty-four hours before the meeting to 202
259+which such notice refers on the public agency's Internet web site, if 203
260+available, and given not less than twenty-four hours prior to the time of 204 Raised Bill No. 5458
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271-which such notice refers on the public agency's Internet web site, if 203
272-available, and given not less than twenty-four hours prior to the time of 204
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273266 such meeting by filing a notice of the time and place thereof in the office 205
274267 of the Secretary of the State for any such public agency of the state, in 206
275268 the office of the clerk of such subdivision for any public agency of a 207
276269 political subdivision of the state and in the office of the clerk of each 208
277270 municipal member for any multitown district or agency. The secretary 209
278271 or clerk shall cause any notice received under this section to be posted 210
279272 in [his] the secretary's or clerk's office. Such notice shall be given not less 211
280273 than twenty-four hours prior to the time of the special meeting; 212
281274 provided, in case of emergency, except for the General Assembly, either 213
282275 house thereof or any committee thereof, any such special meeting may 214
283276 be held without complying with the foregoing requirement for the filing 215
284277 of notice but a copy of the minutes of every such emergency special 216
285278 meeting adequately setting forth the nature of the emergency and the 217
286279 proceedings occurring at such meeting shall be filed with the Secretary 218
287280 of the State, the clerk of such political subdivision, or the clerk of each 219
288281 municipal member of such multitown district or agency, as the case may 220
289282 be, not later than seventy-two hours following the holding of such 221
290283 meeting. The notice shall specify the time and place of the special 222
291284 meeting and the business to be transacted. No other business shall be 223
292285 considered at such meetings by such public agency. In addition, such 224
293286 written notice shall be delivered by electronic transmission or by mail 225
294287 to the usual place of abode of each member of the public agency so that 226
295288 the same is received prior to such special meeting. The requirement of 227
296289 delivery of such written notice may be dispensed with as to any member 228
297290 who at or prior to the time the meeting convenes files with the clerk or 229
298291 secretary of the public agency a written waiver of delivery of such 230
299292 notice. Such waiver may be given by [telegram] electronic transmission 231
300293 or by mail. The requirement of delivery of such written notice may also 232
301294 be dispensed with as to any member who is actually present at the 233
302295 meeting at the time it convenes. Nothing in this section shall be 234
303296 construed to prohibit any agency from adopting more stringent notice 235
304-requirements. 236 Raised Bill No. 5458
297+requirements. 236
298+Sec. 8. Subdivision (1) of section 4d-30 of the general statutes is 237
299+repealed and the following is substituted in lieu thereof (Effective October 238 Raised Bill No. 5458
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311-Sec. 8. Subdivision (1) of section 4d-30 of the general statutes is 237
312-repealed and the following is substituted in lieu thereof (Effective October 238
303+LCO No. 2928 9 of 11
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313305 1, 2022): 239
314306 (1) "Contract" means a contract for state agency information system 240
315307 or telecommunication system facilities, equipment or services, which is 241
316308 awarded pursuant to this chapter, [or subsection (e) of section 1-205,] 242
317309 subsection (c) of section 1-211, [subsection (b) of section 1-212, section 4-243
318310 5,] subsection (a) of section 10a-151b, or subsection (a) of section 19a-244
319311 110. 245
320312 Sec. 9. Section 4d-47 of the general statutes is repealed and the 246
321313 following is substituted in lieu thereof (Effective October 1, 2022): 247
322314 With respect to any state employee whose position is eliminated or 248
323315 who is laid off as a result of any contract or amendment to a contract 249
324316 which is subject to the provisions of this chapter and [subsection (e) of 250
325317 section 1-205,] subsection (c) of section 1-211, [subsection (b) of section 251
326318 1-212, section 4-5,] section 4a-50, 4a-51, subsection (b) of section 4a-57, 252
327319 subsection (a) of section 10a-151b, or subsection (a) of section 19a-110, 253
328320 or any subcontract for work under such contract or amendment, (1) the 254
329321 contractor shall hire the employee, upon application by the employee, 255
330322 unless the employee is hired by a subcontractor of the contractor, or (2) 256
331323 the employee may transfer to any vacant position in state service for 257
332324 which such employee is qualified, to the extent allowed under the 258
333325 provisions of existing collectively bargained agreements and the general 259
334326 statutes. If the contractor or any such subcontractor hires any such state 260
335327 employee and does not provide the employee with fringe benefits which 261
336328 are equivalent to, or greater than, the fringe benefits that the employee 262
337329 would have received in state service, the state shall, for two years after 263
338330 the employee terminates from state service, provide to the employee 264
339331 either (A) the same benefits that such employee received from the state, 265
340332 or (B) compensation in an amount which represents the difference in the 266
341333 value of the fringe benefits that such employee received when in state 267
342334 service and the fringe benefits that such employee receives from the 268
343-contractor or subcontractor. 269 Raised Bill No. 5458
335+contractor or subcontractor. 269
336+Sec. 10. Section 4d-48 of the general statutes is repealed and the 270 Raised Bill No. 5458
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350-Sec. 10. Section 4d-48 of the general statutes is repealed and the 270
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351342 following is substituted in lieu thereof (Effective October 1, 2022): 271
352343 No contract or subcontract for state agency information system or 272
353344 telecommunication system facilities, equipment or services may be 273
354345 awarded to any business entity or individual pursuant to this chapter, 274
355346 [or subsection (e) of section 1-205,] subsection (c) of section 1-211, 275
356347 [subsection (b) of section 1-212, section 4-5,] subsection (a) of section 10a-276
357348 151b, or subsection (a) of section 19a-110 if such business entity or 277
358349 individual previously had a contract with the state or a state agency to 278
359350 provide information system or telecommunication system facilities, 279
360351 equipment or services and such prior contract was finally terminated by 280
361352 the state or a state agency within the previous five years for the reason 281
362353 that such business entity or individual failed to perform or otherwise 282
363354 breached a material obligation of the contract related to information 283
364355 system or telecommunication system facilities, equipment or services. If 284
365356 the termination of any such previous contract is contested in an 285
366357 arbitration or judicial proceeding, the termination shall not be final until 286
367358 the conclusion of such arbitration or judicial proceeding. If the fact-287
368359 finder determines, or a settlement stipulates, that the contractor failed 288
369360 to perform or otherwise breached a material obligation of the contract 289
370361 related to information system or telecommunication system facilities, 290
371362 equipment or services, any award of a contract pursuant to said chapter 291
372363 or sections during the pendency of such arbitration or proceeding shall 292
373364 be rescinded and the bar provided in this section shall apply to such 293
374365 business entity or individual. 294
375366 This act shall take effect as follows and shall amend the following
376367 sections:
377368
378369 Section 1 October 1, 2022 1-200
379370 Sec. 2 October 1, 2022 1-218
380371 Sec. 3 October 1, 2022 1-211(b)
381372 Sec. 4 October 1, 2022 1-205(e)
382373 Sec. 5 October 1, 2022 1-210(b)(17)
383-Sec. 6 October 1, 2022 1-212(g) Raised Bill No. 5458
374+Sec. 6 October 1, 2022 1-212(g)
375+Sec. 7 October 1, 2022 1-225(d)
376+Sec. 8 October 1, 2022 4d-30(1) Raised Bill No. 5458
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390-Sec. 7 October 1, 2022 1-225(d)
391-Sec. 8 October 1, 2022 4d-30(1)
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392382 Sec. 9 October 1, 2022 4d-47
393383 Sec. 10 October 1, 2022 4d-48
394384
395-GAE Joint Favorable
385+Statement of Purpose:
386+To revise the Freedom of Information Act as recommended by the
387+Freedom of Information Commission to modify the application of the
388+definition of governmental function, revise commission training
389+requirements, amend the education records exemption, modify the
390+definition of hand-held scanner and permit electronic transmission of
391+special meeting notices.
392+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
393+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
394+underlined.]
396395