18 | 18 | | |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | AN ACT CONCERNING REVISIONS TO THE FREEDOM OF |
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22 | 22 | | INFORMATION ACT RECOMMENDED BY THE FREEDOM OF |
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23 | 23 | | INFORMATION COMMISSION. |
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24 | 24 | | Be it enacted by the Senate and House of Representatives in General |
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25 | 25 | | Assembly convened: |
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26 | 26 | | |
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27 | 27 | | Section 1. Section 1-200 of the 2022 supplement to the general statutes 1 |
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28 | 28 | | is repealed and the following is substituted in lieu thereof (Effective 2 |
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29 | 29 | | October 1, 2022): 3 |
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30 | 30 | | As used in this chapter, the following words and phrases have the 4 |
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31 | 31 | | following meanings, except where such terms are used in a context 5 |
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32 | 32 | | which clearly indicates the contrary: 6 |
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33 | 33 | | (1) "Public agency" or "agency" means: 7 |
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34 | 34 | | (A) Any executive, administrative or legislative office of the state or 8 |
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35 | 35 | | any political subdivision of the state and any state or town agency, any 9 |
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36 | 36 | | department, institution, bureau, board, commission, authority or official 10 |
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37 | 37 | | of the state or of any city, town, borough, municipal corporation, school 11 |
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38 | 38 | | district, regional district or other district or other political subdivision of 12 Raised Bill No. 5458 |
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39 | 39 | | |
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40 | 40 | | |
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44 | 43 | | |
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45 | 44 | | the state, including any committee of, or created by, any such office, 13 |
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46 | 45 | | subdivision, agency, department, institution, bureau, board, 14 |
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47 | 46 | | commission, authority or official, and also includes any judicial office, 15 |
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48 | 47 | | official, or body or committee thereof but only with respect to its or their 16 |
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49 | 48 | | administrative functions, and for purposes of this subparagraph, 17 |
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50 | 49 | | "judicial office" includes, but is not limited to, the Division of Public 18 |
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51 | 50 | | Defender Services; 19 |
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52 | 51 | | (B) Any person to the extent such person is deemed to be the 20 |
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53 | 52 | | functional equivalent of a public agency pursuant to law; or 21 |
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54 | 53 | | (C) Any "implementing agency", as defined in section 32-222. 22 |
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55 | 54 | | (2) "Meeting" means any hearing or other proceeding of a public 23 |
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56 | 55 | | agency, any convening or assembly of a quorum of a multimember 24 |
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57 | 56 | | public agency, and any communication by or to a quorum of a 25 |
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58 | 57 | | multimember public agency, whether in person or by means of 26 |
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59 | 58 | | electronic equipment, to discuss or act upon a matter over which the 27 |
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60 | 59 | | public agency has supervision, control, jurisdiction or advisory power. 28 |
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61 | 60 | | "Meeting" does not include: Any meeting of a personnel search 29 |
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62 | 61 | | committee for executive level employment candidates; any chance 30 |
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63 | 62 | | meeting, or a social meeting neither planned nor intended for the 31 |
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64 | 63 | | purpose of discussing matters relating to official business; strategy or 32 |
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65 | 64 | | negotiations with respect to collective bargaining; a caucus of members 33 |
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66 | 65 | | of a single political party notwithstanding that such members also 34 |
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67 | 66 | | constitute a quorum of a public agency; an administrative or staff 35 |
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68 | 67 | | meeting of a single-member public agency; and communication limited 36 |
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69 | 68 | | to notice of meetings of any public agency or the agendas thereof. A 37 |
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70 | 69 | | quorum of the members of a public agency who are present at any event 38 |
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71 | 70 | | which has been noticed and conducted as a meeting of another public 39 |
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72 | 71 | | agency under the provisions of the Freedom of Information Act shall not 40 |
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73 | 72 | | be deemed to be holding a meeting of the public agency of which they 41 |
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74 | 73 | | are members as a result of their presence at such event. 42 |
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75 | 74 | | (3) "Caucus" means (A) a convening or assembly of the enrolled 43 |
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76 | 75 | | members of a single political party who are members of a public agency 44 Raised Bill No. 5458 |
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77 | 76 | | |
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78 | 77 | | |
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82 | 80 | | |
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83 | 81 | | within the state or a political subdivision, or (B) the members of a 45 |
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84 | 82 | | multimember public agency, which members constitute a majority of 46 |
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85 | 83 | | the membership of the agency, or the other members of the agency who 47 |
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86 | 84 | | constitute a minority of the membership of the agency, who register 48 |
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87 | 85 | | their intention to be considered a majority caucus or minority caucus, as 49 |
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88 | 86 | | the case may be, for the purposes of the Freedom of Information Act, 50 |
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89 | 87 | | provided (i) the registration is made with the office of the Secretary of 51 |
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90 | 88 | | the State for any such public agency of the state, in the office of the clerk 52 |
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91 | 89 | | of a political subdivision of the state for any public agency of a political 53 |
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92 | 90 | | subdivision of the state, or in the office of the clerk of each municipal 54 |
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93 | 91 | | member of any multitown district or agency, (ii) no member is 55 |
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94 | 92 | | registered in more than one caucus at any one time, (iii) no such 56 |
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95 | 93 | | member's registration is rescinded during the member's remaining term 57 |
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96 | 94 | | of office, and (iv) a member may remain a registered member of the 58 |
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97 | 95 | | majority caucus or minority caucus regardless of whether the member 59 |
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98 | 96 | | changes his or her party affiliation under chapter 143. 60 |
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99 | 97 | | (4) "Person" means a natural person, partnership, corporation, limited 61 |
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100 | 98 | | liability company, association or society. 62 |
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101 | 99 | | (5) "Public records or files" means any recorded data or information 63 |
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102 | 100 | | relating to the conduct of the public's business prepared, owned, used, 64 |
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103 | 101 | | received or retained by a public agency, or to which a public agency is 65 |
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104 | 102 | | entitled to receive a copy by law or contract under section 1-218, as 66 |
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105 | 103 | | amended by this act, whether such data or information be handwritten, 67 |
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106 | 104 | | typed, tape-recorded, videotaped, printed, photostated, photographed 68 |
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107 | 105 | | or recorded by any other method. 69 |
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108 | 106 | | (6) "Executive sessions" means a meeting of a public agency at which 70 |
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109 | 107 | | the public is excluded for one or more of the following purposes: (A) 71 |
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110 | 108 | | Discussion concerning the appointment, employment, performance, 72 |
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111 | 109 | | evaluation, health or dismissal of a public officer or employee, provided 73 |
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112 | 110 | | that such individual may require that discussion be held at an open 74 |
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113 | 111 | | meeting; (B) strategy and negotiations with respect to pending claims or 75 |
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114 | 112 | | pending litigation to which the public agency or a member thereof, 76 |
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115 | 113 | | because of the member's conduct as a member of such agency, is a party 77 Raised Bill No. 5458 |
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116 | 114 | | |
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117 | 115 | | |
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121 | 118 | | |
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122 | 119 | | until such litigation or claim has been finally adjudicated or otherwise 78 |
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123 | 120 | | settled; (C) matters concerning security strategy or the deployment of 79 |
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124 | 121 | | security personnel, or devices affecting public security; (D) discussion 80 |
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125 | 122 | | of the selection of a site or the lease, sale or purchase of real estate by the 81 |
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126 | 123 | | state or a political subdivision of the state when publicity regarding such 82 |
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127 | 124 | | site, lease, sale, purchase or construction would adversely impact the 83 |
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128 | 125 | | price of such site, lease, sale, purchase or construction until such time as 84 |
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129 | 126 | | all of the property has been acquired or all proceedings or transactions 85 |
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130 | 127 | | concerning same have been terminated or abandoned; and (E) 86 |
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131 | 128 | | discussion of any matter which would result in the disclosure of public 87 |
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132 | 129 | | records or the information contained therein described in subsection (b) 88 |
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133 | 130 | | of section 1-210, as amended by this act. 89 |
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134 | 131 | | (7) "Personnel search committee" means a body appointed by a public 90 |
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135 | 132 | | agency, whose sole purpose is to recommend to the appointing agency 91 |
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136 | 133 | | a candidate or candidates for an executive-level employment position. 92 |
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137 | 134 | | Members of a "personnel search committee" shall not be considered in 93 |
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138 | 135 | | determining whether there is a quorum of the appointing or any other 94 |
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139 | 136 | | public agency. 95 |
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140 | 137 | | (8) "Pending claim" means a written notice to an agency which sets 96 |
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141 | 138 | | forth a demand for legal relief or which asserts a legal right stating the 97 |
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142 | 139 | | intention to institute an action in an appropriate forum if such relief or 98 |
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143 | 140 | | right is not granted. 99 |
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144 | 141 | | (9) "Pending litigation" means (A) a written notice to an agency which 100 |
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145 | 142 | | sets forth a demand for legal relief or which asserts a legal right stating 101 |
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146 | 143 | | the intention to institute an action before a court if such relief or right is 102 |
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147 | 144 | | not granted by the agency; (B) the service of a complaint against an 103 |
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148 | 145 | | agency returnable to a court which seeks to enforce or implement legal 104 |
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149 | 146 | | relief or a legal right; or (C) the agency's consideration of action to 105 |
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150 | 147 | | enforce or implement legal relief or a legal right. 106 |
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151 | 148 | | (10) "Freedom of Information Act" means this chapter. 107 |
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160 | 156 | | authorized by law to be administered or managed by a person, where 110 |
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161 | 157 | | (A) the person receives funding from the public agency for 111 |
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162 | 158 | | administering or managing the program, (B) the public agency is 112 |
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163 | 159 | | involved in or regulates to a significant extent such person's 113 |
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164 | 160 | | administration or management of the program, whether or not such 114 |
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165 | 161 | | involvement or regulation is direct, pervasive, continuous or day-to-115 |
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166 | 162 | | day, and (C) the person participates in the formulation of governmental 116 |
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167 | 163 | | policies or decisions in connection with the administration or 117 |
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168 | 164 | | management of the program and such policies or decisions bind the 118 |
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169 | 165 | | public agency. "Governmental function" shall not include the mere 119 |
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170 | 166 | | provision of goods or services to a public agency without the delegated 120 |
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171 | 167 | | responsibility to administer or manage a program of a public agency.] 121 |
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172 | 168 | | [(12)] (11) "Electronic equipment" means any technology that 122 |
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173 | 169 | | facilitates real-time public access to meetings, including, but not limited 123 |
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174 | 170 | | to, telephonic, video or other conferencing platforms. 124 |
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175 | 171 | | [(13)] (12) "Electronic transmission" means any form or process of 125 |
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176 | 172 | | communication not directly involving the physical transfer of paper or 126 |
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177 | 173 | | another tangible medium, which (A) is capable of being retained, 127 |
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178 | 174 | | retrieved and reproduced by the recipient, and (B) is retrievable in paper 128 |
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179 | 175 | | form by the recipient. 129 |
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180 | 176 | | Sec. 2. Section 1-218 of the general statutes is repealed and the 130 |
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181 | 177 | | following is substituted in lieu thereof (Effective October 1, 2022): 131 |
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182 | 178 | | (a) For purposes of this section, "governmental function" means the 132 |
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183 | 179 | | administration or management of a program of a public agency, which 133 |
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184 | 180 | | program has been authorized by law to be administered or managed by 134 |
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185 | 181 | | a person, where (1) the person receives funding from the public agency 135 |
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186 | 182 | | for administering or managing the program, (2) the public agency is 136 |
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187 | 183 | | involved in or regulates to a significant extent such person's 137 |
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188 | 184 | | administration or management of the program, whether or not such 138 |
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189 | 185 | | involvement or regulation is direct, pervasive, continuous or day-to-139 |
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198 | 193 | | management of the program and such policies or decisions bind the 142 |
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199 | 194 | | public agency. "Governmental function" does not include the mere 143 |
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200 | 195 | | provision of goods or services to a public agency without the delegated 144 |
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201 | 196 | | responsibility to administer or manage a program of a public agency. 145 |
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202 | 197 | | (b) Each contract in excess of two million five hundred thousand 146 |
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203 | 198 | | dollars between a public agency and a person for the performance of a 147 |
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204 | 199 | | governmental function shall (1) provide that the public agency is 148 |
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205 | 200 | | entitled to receive a copy of records and files related to the performance 149 |
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206 | 201 | | of the governmental function, and (2) indicate that such records and files 150 |
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207 | 202 | | are subject to the Freedom of Information Act and may be disclosed by 151 |
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208 | 203 | | the public agency pursuant to the Freedom of Information Act. No 152 |
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209 | 204 | | request to inspect or copy such records or files shall be valid unless the 153 |
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210 | 205 | | request is made to the public agency in accordance with the Freedom of 154 |
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211 | 206 | | Information Act. Any complaint by a person who is denied the right to 155 |
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212 | 207 | | inspect or copy such records or files shall be brought to the Freedom of 156 |
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213 | 208 | | Information Commission in accordance with the provisions of sections 157 |
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214 | 209 | | 1-205, as amended by this act, and 1-206. 158 |
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215 | 210 | | Sec. 3. Subsection (b) of section 1-211 of the general statutes is 159 |
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216 | 211 | | repealed and the following is substituted in lieu thereof (Effective October 160 |
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217 | 212 | | 1, 2022): 161 |
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218 | 213 | | (b) Except as otherwise provided by state statute, no public agency 162 |
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219 | 214 | | shall enter into a contract with, or otherwise obligate itself to, any person 163 |
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220 | 215 | | if such contract or obligation impairs the right of the public under the 164 |
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221 | 216 | | Freedom of Information Act to inspect or copy the agency's nonexempt 165 |
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222 | 217 | | public records existing on-line in, or stored on a device or medium used 166 |
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223 | 218 | | in connection with, a computer system owned, leased or otherwise used 167 |
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224 | 219 | | by the agency. [in the course of its governmental functions.] 168 |
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225 | 220 | | Sec. 4. Subsection (e) of section 1-205 of the general statutes is 169 |
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226 | 221 | | repealed and the following is substituted in lieu thereof (Effective October 170 |
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236 | 230 | | purpose of educating such members as to the requirements of this 174 |
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237 | 231 | | section and sections [1-7 to 1-14, inclusive, 1-16 to 1-18, inclusive,] 1-200 175 |
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238 | 232 | | to 1-202, inclusive, [1-205,] as amended by this act, 1-206, 1-210 to [1-217] 176 |
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239 | 233 | | 1-219, inclusive, as amended by this act, 1-225 to 1-232, inclusive, as 177 |
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240 | 234 | | amended by this act, 1-240 [, 1-241] and [19a-342] 1-242. 178 |
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241 | 235 | | Sec. 5. Subdivision (17) of subsection (b) of section 1-210 of the 2022 179 |
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242 | 236 | | supplement to the general statutes is repealed and the following is 180 |
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243 | 237 | | substituted in lieu thereof (Effective October 1, 2022): 181 |
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244 | 238 | | (17) [Educational] Education records which are not subject to 182 |
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245 | 239 | | disclosure under the Family Educational Rights and Privacy Act, 20 183 |
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246 | 240 | | USC 1232g; 184 |
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247 | 241 | | Sec. 6. Subsection (g) of section 1-212 of the general statutes is 185 |
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248 | 242 | | repealed and the following is substituted in lieu thereof (Effective October 186 |
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249 | 243 | | 1, 2022): 187 |
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250 | 244 | | (g) Any individual may copy a public record through the use of a 188 |
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251 | 245 | | hand-held scanner. A public agency may establish a fee structure not to 189 |
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252 | 246 | | exceed twenty dollars for an individual to pay each time the individual 190 |
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253 | 247 | | copies records at the agency with a hand-held scanner. As used in this 191 |
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254 | 248 | | section, "hand-held scanner" means a battery operated electronic 192 |
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255 | 249 | | scanning device the use of which (1) leaves no mark or impression on 193 |
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256 | 250 | | the public record, and (2) does not unreasonably interfere with the 194 |
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257 | 251 | | operation of the public agency. "Hand-held scanner" includes, but is not 195 |
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258 | 252 | | limited to, a mobile telephone or camera. 196 |
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259 | 253 | | Sec. 7. Subsection (d) of section 1-225 of the general statutes is 197 |
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260 | 254 | | repealed and the following is substituted in lieu thereof (Effective October 198 |
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261 | 255 | | 1, 2022): 199 |
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262 | 256 | | (d) Notice of each special meeting of every public agency, except for 200 |
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263 | 257 | | the General Assembly, either house thereof or any committee thereof, 201 |
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273 | 266 | | such meeting by filing a notice of the time and place thereof in the office 205 |
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274 | 267 | | of the Secretary of the State for any such public agency of the state, in 206 |
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275 | 268 | | the office of the clerk of such subdivision for any public agency of a 207 |
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276 | 269 | | political subdivision of the state and in the office of the clerk of each 208 |
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277 | 270 | | municipal member for any multitown district or agency. The secretary 209 |
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278 | 271 | | or clerk shall cause any notice received under this section to be posted 210 |
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279 | 272 | | in [his] the secretary's or clerk's office. Such notice shall be given not less 211 |
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280 | 273 | | than twenty-four hours prior to the time of the special meeting; 212 |
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281 | 274 | | provided, in case of emergency, except for the General Assembly, either 213 |
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282 | 275 | | house thereof or any committee thereof, any such special meeting may 214 |
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283 | 276 | | be held without complying with the foregoing requirement for the filing 215 |
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284 | 277 | | of notice but a copy of the minutes of every such emergency special 216 |
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285 | 278 | | meeting adequately setting forth the nature of the emergency and the 217 |
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286 | 279 | | proceedings occurring at such meeting shall be filed with the Secretary 218 |
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287 | 280 | | of the State, the clerk of such political subdivision, or the clerk of each 219 |
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288 | 281 | | municipal member of such multitown district or agency, as the case may 220 |
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289 | 282 | | be, not later than seventy-two hours following the holding of such 221 |
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290 | 283 | | meeting. The notice shall specify the time and place of the special 222 |
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291 | 284 | | meeting and the business to be transacted. No other business shall be 223 |
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292 | 285 | | considered at such meetings by such public agency. In addition, such 224 |
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293 | 286 | | written notice shall be delivered by electronic transmission or by mail 225 |
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294 | 287 | | to the usual place of abode of each member of the public agency so that 226 |
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295 | 288 | | the same is received prior to such special meeting. The requirement of 227 |
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296 | 289 | | delivery of such written notice may be dispensed with as to any member 228 |
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297 | 290 | | who at or prior to the time the meeting convenes files with the clerk or 229 |
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298 | 291 | | secretary of the public agency a written waiver of delivery of such 230 |
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299 | 292 | | notice. Such waiver may be given by [telegram] electronic transmission 231 |
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300 | 293 | | or by mail. The requirement of delivery of such written notice may also 232 |
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301 | 294 | | be dispensed with as to any member who is actually present at the 233 |
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302 | 295 | | meeting at the time it convenes. Nothing in this section shall be 234 |
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303 | 296 | | construed to prohibit any agency from adopting more stringent notice 235 |
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313 | 305 | | 1, 2022): 239 |
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314 | 306 | | (1) "Contract" means a contract for state agency information system 240 |
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315 | 307 | | or telecommunication system facilities, equipment or services, which is 241 |
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316 | 308 | | awarded pursuant to this chapter, [or subsection (e) of section 1-205,] 242 |
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317 | 309 | | subsection (c) of section 1-211, [subsection (b) of section 1-212, section 4-243 |
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318 | 310 | | 5,] subsection (a) of section 10a-151b, or subsection (a) of section 19a-244 |
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319 | 311 | | 110. 245 |
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320 | 312 | | Sec. 9. Section 4d-47 of the general statutes is repealed and the 246 |
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321 | 313 | | following is substituted in lieu thereof (Effective October 1, 2022): 247 |
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322 | 314 | | With respect to any state employee whose position is eliminated or 248 |
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323 | 315 | | who is laid off as a result of any contract or amendment to a contract 249 |
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324 | 316 | | which is subject to the provisions of this chapter and [subsection (e) of 250 |
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325 | 317 | | section 1-205,] subsection (c) of section 1-211, [subsection (b) of section 251 |
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326 | 318 | | 1-212, section 4-5,] section 4a-50, 4a-51, subsection (b) of section 4a-57, 252 |
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327 | 319 | | subsection (a) of section 10a-151b, or subsection (a) of section 19a-110, 253 |
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328 | 320 | | or any subcontract for work under such contract or amendment, (1) the 254 |
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329 | 321 | | contractor shall hire the employee, upon application by the employee, 255 |
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330 | 322 | | unless the employee is hired by a subcontractor of the contractor, or (2) 256 |
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331 | 323 | | the employee may transfer to any vacant position in state service for 257 |
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332 | 324 | | which such employee is qualified, to the extent allowed under the 258 |
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333 | 325 | | provisions of existing collectively bargained agreements and the general 259 |
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334 | 326 | | statutes. If the contractor or any such subcontractor hires any such state 260 |
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335 | 327 | | employee and does not provide the employee with fringe benefits which 261 |
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336 | 328 | | are equivalent to, or greater than, the fringe benefits that the employee 262 |
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337 | 329 | | would have received in state service, the state shall, for two years after 263 |
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338 | 330 | | the employee terminates from state service, provide to the employee 264 |
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339 | 331 | | either (A) the same benefits that such employee received from the state, 265 |
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340 | 332 | | or (B) compensation in an amount which represents the difference in the 266 |
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341 | 333 | | value of the fringe benefits that such employee received when in state 267 |
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342 | 334 | | service and the fringe benefits that such employee receives from the 268 |
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351 | 342 | | following is substituted in lieu thereof (Effective October 1, 2022): 271 |
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352 | 343 | | No contract or subcontract for state agency information system or 272 |
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353 | 344 | | telecommunication system facilities, equipment or services may be 273 |
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354 | 345 | | awarded to any business entity or individual pursuant to this chapter, 274 |
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355 | 346 | | [or subsection (e) of section 1-205,] subsection (c) of section 1-211, 275 |
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356 | 347 | | [subsection (b) of section 1-212, section 4-5,] subsection (a) of section 10a-276 |
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357 | 348 | | 151b, or subsection (a) of section 19a-110 if such business entity or 277 |
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358 | 349 | | individual previously had a contract with the state or a state agency to 278 |
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359 | 350 | | provide information system or telecommunication system facilities, 279 |
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360 | 351 | | equipment or services and such prior contract was finally terminated by 280 |
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361 | 352 | | the state or a state agency within the previous five years for the reason 281 |
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362 | 353 | | that such business entity or individual failed to perform or otherwise 282 |
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363 | 354 | | breached a material obligation of the contract related to information 283 |
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364 | 355 | | system or telecommunication system facilities, equipment or services. If 284 |
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365 | 356 | | the termination of any such previous contract is contested in an 285 |
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366 | 357 | | arbitration or judicial proceeding, the termination shall not be final until 286 |
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367 | 358 | | the conclusion of such arbitration or judicial proceeding. If the fact-287 |
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368 | 359 | | finder determines, or a settlement stipulates, that the contractor failed 288 |
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369 | 360 | | to perform or otherwise breached a material obligation of the contract 289 |
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370 | 361 | | related to information system or telecommunication system facilities, 290 |
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371 | 362 | | equipment or services, any award of a contract pursuant to said chapter 291 |
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372 | 363 | | or sections during the pendency of such arbitration or proceeding shall 292 |
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373 | 364 | | be rescinded and the bar provided in this section shall apply to such 293 |
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374 | 365 | | business entity or individual. 294 |
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375 | 366 | | This act shall take effect as follows and shall amend the following |
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376 | 367 | | sections: |
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377 | 368 | | |
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378 | 369 | | Section 1 October 1, 2022 1-200 |
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379 | 370 | | Sec. 2 October 1, 2022 1-218 |
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380 | 371 | | Sec. 3 October 1, 2022 1-211(b) |
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381 | 372 | | Sec. 4 October 1, 2022 1-205(e) |
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382 | 373 | | Sec. 5 October 1, 2022 1-210(b)(17) |
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