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General Assembly Raised Bill No. 5458
February Session, 2022
LCO No. 2928
Referred to Committee on GOVERNMENT
ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING REVISIONS TO THE FREEDOM OF
INFORMATION ACT RECOMMENDED BY THE FREEDOM OF
INFORMATION COMMISSION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 1-200 of the 2022 supplement to the general statutes 1
is repealed and the following is substituted in lieu thereof (Effective 2
October 1, 2022): 3
As used in this chapter, the following words and phrases have the 4
following meanings, except where such terms are used in a context 5
which clearly indicates the contrary: 6
(1) "Public agency" or "agency" means: 7
(A) Any executive, administrative or legislative office of the state or 8
any political subdivision of the state and any state or town agency, any 9
department, institution, bureau, board, commission, authority or official 10
of the state or of any city, town, borough, municipal corporation, school 11
district, regional district or other district or other political subdivision of 12 Raised Bill No. 5458
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the state, including any committee of, or created by, any such office, 13
subdivision, agency, department, institution, bureau, board, 14
commission, authority or official, and also includes any judicial office, 15
official, or body or committee thereof but only with respect to its or their 16
administrative functions, and for purposes of this subparagraph, 17
"judicial office" includes, but is not limited to, the Division of Public 18
Defender Services; 19
(B) Any person to the extent such person is deemed to be the 20
functional equivalent of a public agency pursuant to law; or 21
(C) Any "implementing agency", as defined in section 32-222. 22
(2) "Meeting" means any hearing or other proceeding of a public 23
agency, any convening or assembly of a quorum of a multimember 24
public agency, and any communication by or to a quorum of a 25
multimember public agency, whether in person or by means of 26
electronic equipment, to discuss or act upon a matter over which the 27
public agency has supervision, control, jurisdiction or advisory power. 28
"Meeting" does not include: Any meeting of a personnel search 29
committee for executive level employment candidates; any chance 30
meeting, or a social meeting neither planned nor intended for the 31
purpose of discussing matters relating to official business; strategy or 32
negotiations with respect to collective bargaining; a caucus of members 33
of a single political party notwithstanding that such members also 34
constitute a quorum of a public agency; an administrative or staff 35
meeting of a single-member public agency; and communication limited 36
to notice of meetings of any public agency or the agendas thereof. A 37
quorum of the members of a public agency who are present at any event 38
which has been noticed and conducted as a meeting of another public 39
agency under the provisions of the Freedom of Information Act shall not 40
be deemed to be holding a meeting of the public agency of which they 41
are members as a result of their presence at such event. 42
(3) "Caucus" means (A) a convening or assembly of the enrolled 43
members of a single political party who are members of a public agency 44 Raised Bill No. 5458
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within the state or a political subdivision, or (B) the members of a 45
multimember public agency, which members constitute a majority of 46
the membership of the agency, or the other members of the agency who 47
constitute a minority of the membership of the agency, who register 48
their intention to be considered a majority caucus or minority caucus, as 49
the case may be, for the purposes of the Freedom of Information Act, 50
provided (i) the registration is made with the office of the Secretary of 51
the State for any such public agency of the state, in the office of the clerk 52
of a political subdivision of the state for any public agency of a political 53
subdivision of the state, or in the office of the clerk of each municipal 54
member of any multitown district or agency, (ii) no member is 55
registered in more than one caucus at any one time, (iii) no such 56
member's registration is rescinded during the member's remaining term 57
of office, and (iv) a member may remain a registered member of the 58
majority caucus or minority caucus regardless of whether the member 59
changes his or her party affiliation under chapter 143. 60
(4) "Person" means a natural person, partnership, corporation, limited 61
liability company, association or society. 62
(5) "Public records or files" means any recorded data or information 63
relating to the conduct of the public's business prepared, owned, used, 64
received or retained by a public agency, or to which a public agency is 65
entitled to receive a copy by law or contract under section 1-218, as 66
amended by this act, whether such data or information be handwritten, 67
typed, tape-recorded, videotaped, printed, photostated, photographed 68
or recorded by any other method. 69
(6) "Executive sessions" means a meeting of a public agency at which 70
the public is excluded for one or more of the following purposes: (A) 71
Discussion concerning the appointment, employment, performance, 72
evaluation, health or dismissal of a public officer or employee, provided 73
that such individual may require that discussion be held at an open 74
meeting; (B) strategy and negotiations with respect to pending claims or 75
pending litigation to which the public agency or a member thereof, 76
because of the member's conduct as a member of such agency, is a party 77 Raised Bill No. 5458
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until such litigation or claim has been finally adjudicated or otherwise 78
settled; (C) matters concerning security strategy or the deployment of 79
security personnel, or devices affecting public security; (D) discussion 80
of the selection of a site or the lease, sale or purchase of real estate by the 81
state or a political subdivision of the state when publicity regarding such 82
site, lease, sale, purchase or construction would adversely impact the 83
price of such site, lease, sale, purchase or construction until such time as 84
all of the property has been acquired or all proceedings or transactions 85
concerning same have been terminated or abandoned; and (E) 86
discussion of any matter which would result in the disclosure of public 87
records or the information contained therein described in subsection (b) 88
of section 1-210, as amended by this act. 89
(7) "Personnel search committee" means a body appointed by a public 90
agency, whose sole purpose is to recommend to the appointing agency 91
a candidate or candidates for an executive-level employment position. 92
Members of a "personnel search committee" shall not be considered in 93
determining whether there is a quorum of the appointing or any other 94
public agency. 95
(8) "Pending claim" means a written notice to an agency which sets 96
forth a demand for legal relief or which asserts a legal right stating the 97
intention to institute an action in an appropriate forum if such relief or 98
right is not granted. 99
(9) "Pending litigation" means (A) a written notice to an agency which 100
sets forth a demand for legal relief or which asserts a legal right stating 101
the intention to institute an action before a court if such relief or right is 102
not granted by the agency; (B) the service of a complaint against an 103
agency returnable to a court which seeks to enforce or implement legal 104
relief or a legal right; or (C) the agency's consideration of action to 105
enforce or implement legal relief or a legal right. 106
(10) "Freedom of Information Act" means this chapter. 107
[(11) "Governmental function" means the administration or 108 Raised Bill No. 5458
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management of a program of a public agency, which program has been 109
authorized by law to be administered or managed by a person, where 110
(A) the person receives funding from the public agency for 111
administering or managing the program, (B) the public agency is 112
involved in or regulates to a significant extent such person's 113
administration or management of the program, whether or not such 114
involvement or regulation is direct, pervasive, continuous or day-to-115
day, and (C) the person participates in the formulation of governmental 116
policies or decisions in connection with the administration or 117
management of the program and such policies or decisions bind the 118
public agency. "Governmental function" shall not include the mere 119
provision of goods or services to a public agency without the delegated 120
responsibility to administer or manage a program of a public agency.] 121
[(12)] (11) "Electronic equipment" means any technology that 122
facilitates real-time public access to meetings, including, but not limited 123
to, telephonic, video or other conferencing platforms. 124
[(13)] (12) "Electronic transmission" means any form or process of 125
communication not directly involving the physical transfer of paper or 126
another tangible medium, which (A) is capable of being retained, 127
retrieved and reproduced by the recipient, and (B) is retrievable in paper 128
form by the recipient. 129
Sec. 2. Section 1-218 of the general statutes is repealed and the 130
following is substituted in lieu thereof (Effective October 1, 2022): 131
(a) For purposes of this section, "governmental function" means the 132
administration or management of a program of a public agency, which 133
program has been authorized by law to be administered or managed by 134
a person, where (1) the person receives funding from the public agency 135
for administering or managing the program, (2) the public agency is 136
involved in or regulates to a significant extent such person's 137
administration or management of the program, whether or not such 138
involvement or regulation is direct, pervasive, continuous or day-to-139
day, and (3) the person participates in the formulation of governmental 140 Raised Bill No. 5458
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policies or decisions in connection with the administration or 141
management of the program and such policies or decisions bind the 142
public agency. "Governmental function" does not include the mere 143
provision of goods or services to a public agency without the delegated 144
responsibility to administer or manage a program of a public agency. 145
(b) Each contract in excess of two million five hundred thousand 146
dollars between a public agency and a person for the performance of a 147
governmental function shall (1) provide that the public agency is 148
entitled to receive a copy of records and files related to the performance 149
of the governmental function, and (2) indicate that such records and files 150
are subject to the Freedom of Information Act and may be disclosed by 151
the public agency pursuant to the Freedom of Information Act. No 152
request to inspect or copy such records or files shall be valid unless the 153
request is made to the public agency in accordance with the Freedom of 154
Information Act. Any complaint by a person who is denied the right to 155
inspect or copy such records or files shall be brought to the Freedom of 156
Information Commission in accordance with the provisions of sections 157
1-205, as amended by this act, and 1-206. 158
Sec. 3. Subsection (b) of section 1-211 of the general statutes is 159
repealed and the following is substituted in lieu thereof (Effective October 160
1, 2022): 161
(b) Except as otherwise provided by state statute, no public agency 162
shall enter into a contract with, or otherwise obligate itself to, any person 163
if such contract or obligation impairs the right of the public under the 164
Freedom of Information Act to inspect or copy the agency's nonexempt 165
public records existing on-line in, or stored on a device or medium used 166
in connection with, a computer system owned, leased or otherwise used 167
by the agency. [in the course of its governmental functions.] 168
Sec. 4. Subsection (e) of section 1-205 of the general statutes is 169
repealed and the following is substituted in lieu thereof (Effective October 170
1, 2022): 171 Raised Bill No. 5458
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(e) The Freedom of Information Commission shall conduct training 172
sessions, at least annually, for members of public agencies for the 173
purpose of educating such members as to the requirements of this 174
section and sections [1-7 to 1-14, inclusive, 1-16 to 1-18, inclusive,] 1-200 175
to 1-202, inclusive, [1-205,] as amended by this act, 1-206, 1-210 to [1-217] 176
1-219, inclusive, as amended by this act, 1-225 to 1-232, inclusive, as 177
amended by this act, 1-240 [, 1-241] and [19a-342] 1-242. 178
Sec. 5. Subdivision (17) of subsection (b) of section 1-210 of the 2022 179
supplement to the general statutes is repealed and the following is 180
substituted in lieu thereof (Effective October 1, 2022): 181
(17) [Educational] Education records which are not subject to 182
disclosure under the Family Educational Rights and Privacy Act, 20 183
USC 1232g; 184
Sec. 6. Subsection (g) of section 1-212 of the general statutes is 185
repealed and the following is substituted in lieu thereof (Effective October 186
1, 2022): 187
(g) Any individual may copy a public record through the use of a 188
hand-held scanner. A public agency may establish a fee structure not to 189
exceed twenty dollars for an individual to pay each time the individual 190
copies records at the agency with a hand-held scanner. As used in this 191
section, "hand-held scanner" means a battery operated electronic 192
scanning device the use of which (1) leaves no mark or impression on 193
the public record, and (2) does not unreasonably interfere with the 194
operation of the public agency. "Hand-held scanner" includes, but is not 195
limited to, a mobile telephone or camera. 196
Sec. 7. Subsection (d) of section 1-225 of the general statutes is 197
repealed and the following is substituted in lieu thereof (Effective October 198
1, 2022): 199
(d) Notice of each special meeting of every public agency, except for 200
the General Assembly, either house thereof or any committee thereof, 201
shall be posted not less than twenty-four hours before the meeting to 202 Raised Bill No. 5458
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which such notice refers on the public agency's Internet web site, if 203
available, and given not less than twenty-four hours prior to the time of 204
such meeting by filing a notice of the time and place thereof in the office 205
of the Secretary of the State for any such public agency of the state, in 206
the office of the clerk of such subdivision for any public agency of a 207
political subdivision of the state and in the office of the clerk of each 208
municipal member for any multitown district or agency. The secretary 209
or clerk shall cause any notice received under this section to be posted 210
in [his] the secretary's or clerk's office. Such notice shall be given not less 211
than twenty-four hours prior to the time of the special meeting; 212
provided, in case of emergency, except for the General Assembly, either 213
house thereof or any committee thereof, any such special meeting may 214
be held without complying with the foregoing requirement for the filing 215
of notice but a copy of the minutes of every such emergency special 216
meeting adequately setting forth the nature of the emergency and the 217
proceedings occurring at such meeting shall be filed with the Secretary 218
of the State, the clerk of such political subdivision, or the clerk of each 219
municipal member of such multitown district or agency, as the case may 220
be, not later than seventy-two hours following the holding of such 221
meeting. The notice shall specify the time and place of the special 222
meeting and the business to be transacted. No other business shall be 223
considered at such meetings by such public agency. In addition, such 224
written notice shall be delivered by electronic transmission or by mail 225
to the usual place of abode of each member of the public agency so that 226
the same is received prior to such special meeting. The requirement of 227
delivery of such written notice may be dispensed with as to any member 228
who at or prior to the time the meeting convenes files with the clerk or 229
secretary of the public agency a written waiver of delivery of such 230
notice. Such waiver may be given by [telegram] electronic transmission 231
or by mail. The requirement of delivery of such written notice may also 232
be dispensed with as to any member who is actually present at the 233
meeting at the time it convenes. Nothing in this section shall be 234
construed to prohibit any agency from adopting more stringent notice 235
requirements. 236 Raised Bill No. 5458
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Sec. 8. Subdivision (1) of section 4d-30 of the general statutes is 237
repealed and the following is substituted in lieu thereof (Effective October 238
1, 2022): 239
(1) "Contract" means a contract for state agency information system 240
or telecommunication system facilities, equipment or services, which is 241
awarded pursuant to this chapter, [or subsection (e) of section 1-205,] 242
subsection (c) of section 1-211, [subsection (b) of section 1-212, section 4-243
5,] subsection (a) of section 10a-151b, or subsection (a) of section 19a-244
110. 245
Sec. 9. Section 4d-47 of the general statutes is repealed and the 246
following is substituted in lieu thereof (Effective October 1, 2022): 247
With respect to any state employee whose position is eliminated or 248
who is laid off as a result of any contract or amendment to a contract 249
which is subject to the provisions of this chapter and [subsection (e) of 250
section 1-205,] subsection (c) of section 1-211, [subsection (b) of section 251
1-212, section 4-5,] section 4a-50, 4a-51, subsection (b) of section 4a-57, 252
subsection (a) of section 10a-151b, or subsection (a) of section 19a-110, 253
or any subcontract for work under such contract or amendment, (1) the 254
contractor shall hire the employee, upon application by the employee, 255
unless the employee is hired by a subcontractor of the contractor, or (2) 256
the employee may transfer to any vacant position in state service for 257
which such employee is qualified, to the extent allowed under the 258
provisions of existing collectively bargained agreements and the general 259
statutes. If the contractor or any such subcontractor hires any such state 260
employee and does not provide the employee with fringe benefits which 261
are equivalent to, or greater than, the fringe benefits that the employee 262
would have received in state service, the state shall, for two years after 263
the employee terminates from state service, provide to the employee 264
either (A) the same benefits that such employee received from the state, 265
or (B) compensation in an amount which represents the difference in the 266
value of the fringe benefits that such employee received when in state 267
service and the fringe benefits that such employee receives from the 268
contractor or subcontractor. 269 Raised Bill No. 5458
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Sec. 10. Section 4d-48 of the general statutes is repealed and the 270
following is substituted in lieu thereof (Effective October 1, 2022): 271
No contract or subcontract for state agency information system or 272
telecommunication system facilities, equipment or services may be 273
awarded to any business entity or individual pursuant to this chapter, 274
[or subsection (e) of section 1-205,] subsection (c) of section 1-211, 275
[subsection (b) of section 1-212, section 4-5,] subsection (a) of section 10a-276
151b, or subsection (a) of section 19a-110 if such business entity or 277
individual previously had a contract with the state or a state agency to 278
provide information system or telecommunication system facilities, 279
equipment or services and such prior contract was finally terminated by 280
the state or a state agency within the previous five years for the reason 281
that such business entity or individual failed to perform or otherwise 282
breached a material obligation of the contract related to information 283
system or telecommunication system facilities, equipment or services. If 284
the termination of any such previous contract is contested in an 285
arbitration or judicial proceeding, the termination shall not be final until 286
the conclusion of such arbitration or judicial proceeding. If the fact-287
finder determines, or a settlement stipulates, that the contractor failed 288
to perform or otherwise breached a material obligation of the contract 289
related to information system or telecommunication system facilities, 290
equipment or services, any award of a contract pursuant to said chapter 291
or sections during the pendency of such arbitration or proceeding shall 292
be rescinded and the bar provided in this section shall apply to such 293
business entity or individual. 294
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 1-200
Sec. 2 October 1, 2022 1-218
Sec. 3 October 1, 2022 1-211(b)
Sec. 4 October 1, 2022 1-205(e)
Sec. 5 October 1, 2022 1-210(b)(17)
Sec. 6 October 1, 2022 1-212(g) Raised Bill No. 5458
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Sec. 7 October 1, 2022 1-225(d)
Sec. 8 October 1, 2022 4d-30(1)
Sec. 9 October 1, 2022 4d-47
Sec. 10 October 1, 2022 4d-48
GAE Joint Favorable