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General Assembly Substitute Bill No. 1155
January Session, 2023
AN ACT IMPLEMENTING RECOMMENDATIONS OF 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 Section 1-200 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2023): 2
As used in this chapter, the following words and phrases have the 3
following meanings, except where such terms are used in a context 4
which clearly indicates the contrary: 5
(1) "Public agency" or "agency" means: 6
(A) Any executive, administrative or legislative office of the state or 7
any political subdivision of the state and any state or town agency, any 8
department, institution, bureau, board, commission, authority or official 9
of the state or of any city, town, borough, municipal corporation, school 10
district, regional district or other district or other political subdivision of 11
the state, including any committee of, or created by, any such office, 12
subdivision, agency, department, institution, bureau, board, 13
commission, authority or official, and also includes any judicial office, 14
official, or body or committee thereof but only with respect to its or their 15
administrative functions, and for purposes of this subparagraph, 16
"judicial office" includes, but is not limited to, the Division of Public 17 Substitute Bill No. 1155
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Defender Services; 18
(B) Any person to the extent such person is deemed to be the 19
functional equivalent of a public agency pursuant to law; or 20
(C) Any "implementing agency", as defined in section 32-222. 21
(2) "Meeting" means any hearing or other proceeding of a public 22
agency, any convening or assembly of a quorum of a multimember 23
public agency, and any communication by or to a quorum of a 24
multimember public agency, whether in person or by means of 25
electronic equipment, to discuss or act upon a matter over which the 26
public agency has supervision, control, jurisdiction or advisory power. 27
"Meeting" does not include: Any meeting of a personnel search 28
committee for executive level employment candidates; any chance 29
meeting, or a social meeting neither planned nor intended for the 30
purpose of discussing matters relating to official business; strategy or 31
negotiations with respect to collective bargaining; a caucus of members 32
of a single political party notwithstanding that such members also 33
constitute a quorum of a public agency; an administrative or staff 34
meeting of a single-member public agency; and communication limited 35
to notice of meetings of any public agency or the agendas thereof. A 36
quorum of the members of a public agency who are present at any event 37
which has been noticed and conducted as a meeting of another public 38
agency under the provisions of the Freedom of Information Act shall not 39
be deemed to be holding a meeting of the public agency of which they 40
are members as a result of their presence at such event. 41
(3) "Caucus" means (A) a convening or assembly of the enrolled 42
members of a single political party who are members of a public agency 43
within the state or a political subdivision, or (B) the members of a 44
multimember public agency, which members constitute a majority of 45
the membership of the agency, or the other members of the agency who 46
constitute a minority of the membership of the agency, who register 47
their intention to be considered a majority caucus or minority caucus, as 48
the case may be, for the purposes of the Freedom of Information Act, 49 Substitute Bill No. 1155
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provided (i) the registration is made with the office of the Secretary of 50
the State for any such public agency of the state, in the office of the clerk 51
of a political subdivision of the state for any public agency of a political 52
subdivision of the state, or in the office of the clerk of each municipal 53
member of any multitown district or agency, (ii) no member is 54
registered in more than one caucus at any one time, (iii) no such 55
member's registration is rescinded during the member's remaining term 56
of office, and (iv) a member may remain a registered member of the 57
majority caucus or minority caucus regardless of whether the member 58
changes his or her party affiliation under chapter 143. 59
(4) "Person" means a natural person, partnership, corporation, limited 60
liability company, association or society. 61
(5) "Public records or files" means any recorded data or information 62
relating to the conduct of the public's business prepared, owned, used, 63
received or retained by a public agency, or to which a public agency is 64
entitled to receive a copy by law or contract under section 1-218, as 65
amended by this act, whether such data or information be handwritten, 66
typed, tape-recorded, videotaped, printed, photostated, photographed 67
or recorded by any other method. 68
(6) "Executive sessions" means a meeting of a public agency at which 69
the public is excluded for one or more of the following purposes: (A) 70
Discussion concerning the appointment, employment, performance, 71
evaluation, health or dismissal of a public officer or employee, provided 72
that such individual may require that discussion be held at an open 73
meeting; (B) strategy and negotiations with respect to pending claims or 74
pending litigation to which the public agency or a member thereof, 75
because of the member's conduct as a member of such agency, is a party 76
until such litigation or claim has been finally adjudicated or otherwise 77
settled; (C) matters concerning security strategy or the deployment of 78
security personnel, or devices affecting public security; (D) discussion 79
of the selection of a site or the lease, sale or purchase of real estate by the 80
state or a political subdivision of the state when publicity regarding such 81
site, lease, sale, purchase or construction would adversely impact the 82 Substitute Bill No. 1155
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price of such site, lease, sale, purchase or construction until such time as 83
all of the property has been acquired or all proceedings or transactions 84
concerning same have been terminated or abandoned; and (E) 85
discussion of any matter which would result in the disclosure of public 86
records or the information contained therein described in subsection (b) 87
of section 1-210, as amended by this act. 88
(7) "Personnel search committee" means a body appointed by a public 89
agency, whose sole purpose is to recommend to the appointing agency 90
a candidate or candidates for an executive-level employment position. 91
Members of a "personnel search committee" shall not be considered in 92
determining whether there is a quorum of the appointing or any other 93
public agency. 94
(8) "Pending claim" means a written notice to an agency which sets 95
forth a demand for legal relief or which asserts a legal right stating the 96
intention to institute an action in an appropriate forum if such relief or 97
right is not granted. 98
(9) "Pending litigation" means (A) a written notice to an agency which 99
sets forth a demand for legal relief or which asserts a legal right stating 100
the intention to institute an action before a court if such relief or right is 101
not granted by the agency; (B) the service of a complaint against an 102
agency returnable to a court which seeks to enforce or implement legal 103
relief or a legal right; or (C) the agency's consideration of action to 104
enforce or implement legal relief or a legal right. 105
(10) "Freedom of Information Act" means this chapter. 106
[(11) "Governmental function" means the administration or 107
management of a program of a public agency, which program has been 108
authorized by law to be administered or managed by a person, where 109
(A) the person receives funding from the public agency for 110
administering or managing the program, (B) the public agency is 111
involved in or regulates to a significant extent such person's 112
administration or management of the program, whether or not such 113 Substitute Bill No. 1155
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involvement or regulation is direct, pervasive, continuous or day-to-114
day, and (C) the person participates in the formulation of governmental 115
policies or decisions in connection with the administration or 116
management of the program and such policies or decisions bind the 117
public agency. "Governmental function" shall not include the mere 118
provision of goods or services to a public agency without the delegated 119
responsibility to administer or manage a program of a public agency.] 120
[(12)] (11) "Electronic equipment" means any technology that 121
facilitates real-time public access to meetings, including, but not limited 122
to, telephonic, video or other conferencing platforms. 123
[(13)] (12) "Electronic transmission" means any form or process of 124
communication not directly involving the physical transfer of paper or 125
another tangible medium, which (A) is capable of being retained, 126
retrieved and reproduced by the recipient, and (B) is retrievable in paper 127
form by the recipient. 128
Sec. 2. Section 1-218 of the general statutes is repealed and the 129
following is substituted in lieu thereof (Effective October 1, 2023): 130
(a) For purposes of this section, "governmental function" means the 131
administration or management of a program of a public agency, which 132
program has been authorized by law to be administered or managed by 133
a person, where (1) the person receives funding from the public agency 134
for administering or managing the program, (2) the public agency is 135
involved in or regulates to a significant extent such person's 136
administration or management of the program, whether or not such 137
involvement or regulation is direct, pervasive, continuous or day-to-138
day, and (3) the person participates in the formulation of governmental 139
policies or decisions in connection with the administration or 140
management of the program and such policies or decisions bind the 141
public agency. "Governmental function" does not include the mere 142
provision of goods or services to a public agency without the delegated 143
responsibility to administer or manage a program of a public agency. 144 Substitute Bill No. 1155
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(b) Each contract in excess of two million five hundred thousand 145
dollars between a public agency and a person for the performance of a 146
governmental function shall (1) provide that the public agency is 147
entitled to receive a copy of records and files related to the performance 148
of the governmental function, and (2) indicate that such records and files 149
are subject to the Freedom of Information Act and may be disclosed by 150
the public agency pursuant to the Freedom of Information Act. No 151
request to inspect or copy such records or files shall be valid unless the 152
request is made to the public agency in accordance with the Freedom of 153
Information Act. Any complaint by a person who is denied the right to 154
inspect or copy such records or files shall be brought to the Freedom of 155
Information Commission in accordance with the provisions of sections 156
1-205, as amended by this act, and 1-206. 157
Sec. 3. Subsection (b) of section 1-211 of the general statutes is 158
repealed and the following is substituted in lieu thereof (Effective October 159
1, 2023): 160
(b) Except as otherwise provided by state statute, no public agency 161
shall enter into a contract with, or otherwise obligate itself to, any person 162
if such contract or obligation impairs the right of the public under the 163
Freedom of Information Act to inspect or copy the agency's nonexempt 164
public records existing on-line in, or stored on a device or medium used 165
in connection with, a computer system owned, leased or otherwise used 166
by the agency. [in the course of its governmental functions.] 167
Sec. 4. Subsection (e) of section 1-205 of the general statutes is 168
repealed and the following is substituted in lieu thereof (Effective October 169
1, 2023): 170
(e) The Freedom of Information Commission shall conduct training 171
sessions, at least annually, for members of public agencies for the 172
purpose of educating such members as to the requirements of this 173
section and sections [1-7 to 1-14, inclusive, 1-16 to 1-18, inclusive,] 1-200 174
to 1-202, inclusive, as amended by this act, [1-205,] 1-206, 1-210 to [1-217] 175
1-219, inclusive, as amended by this act, 1-225 to 1-232, inclusive, as 176 Substitute Bill No. 1155
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amended by this act, and 1-240 [, 1-241 and 19a-342] to 1-242, inclusive. 177
Sec. 5. Subdivision (17) of subsection (b) of section 1-210 of the general 178
statutes is repealed and the following is substituted in lieu thereof 179
(Effective October 1, 2023): 180
(17) [Educational] Education records which are not subject to 181
disclosure under the Family Educational Rights and Privacy Act, 20 182
USC 1232g; 183
Sec. 6. Subsection (g) of section 1-212 of the general statutes is 184
repealed and the following is substituted in lieu thereof (Effective October 185
1, 2023): 186
(g) Any individual may copy a public record through the use of a 187
hand-held scanner. A public agency may establish a fee structure not to 188
exceed twenty dollars for an individual to pay each time the individual 189
copies records at the agency with a hand-held scanner. As used in this 190
section, "hand-held scanner" means a battery operated electronic 191
scanning device the use of which (1) leaves no mark or impression on 192
the public record, and (2) does not unreasonably interfere with the 193
operation of the public agency. "Hand-held scanner" includes, but is not 194
limited to, a mobile telephone, camera or any other portable device 195
capable of capturing an image of a public record. 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, 2023): 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
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 Substitute Bill No. 1155
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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 or her office, and in the case of a notice of a public agency of the 211
state filed with the secretary, on the Secretary of the State's Internet web 212
site. Such notice shall be given not less than twenty-four hours prior to 213
the time of the special meeting; provided, in case of emergency, except 214
for the General Assembly, either house thereof or any committee 215
thereof, any such special meeting may be held without complying with 216
the foregoing requirement for the filing of notice but a copy of the 217
minutes of every such emergency special meeting adequately setting 218
forth the nature of the emergency and the proceedings occurring at such 219
meeting shall be filed with the Secretary of the State, the clerk of such 220
political subdivision, or the clerk of each municipal member of such 221
multitown district or agency, as the case may be, not later than seventy-222
two hours following the holding of such meeting. The notice shall 223
specify the time and place of the special meeting and the business to be 224
transacted. No other business shall be considered at such meetings by 225
such public agency. In addition, such written notice shall be delivered 226
by electronic transmission or by mail to the usual place of abode of each 227
member of the public agency so that the same is received prior to such 228
special meeting. The requirement of delivery of such written notice may 229
be dispensed with as to any member who at or prior to the time the 230
meeting convenes files with the clerk or secretary of the public agency a 231
written waiver of delivery of such notice. Such waiver may be given by 232
[telegram] electronic transmission or by mail. The requirement of 233
delivery of such written notice may also be dispensed with as to any 234
member who is actually present at the meeting at the time it convenes. 235
Nothing in this section shall be construed to prohibit any agency from 236
adopting more stringent notice requirements. 237
Sec. 8. Subdivision (1) of section 4d-30 of the general statutes is 238
repealed and the following is substituted in lieu thereof (Effective October 239
1, 2023): 240 Substitute Bill No. 1155
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(1) "Contract" means a contract for state agency information system 241
or telecommunication system facilities, equipment or services, which is 242
awarded pursuant to this chapter, [or subsection (e) of section 1-205,] 243
subsection (c) of section 1-211, [subsection (b) of section 1-212, section 4-244
5,] subsection (a) of section 10a-151b [,] or subsection (a) of section 19a-245
110. 246
Sec. 9. Section 4d-47 of the general statutes is repealed and the 247
following is substituted in lieu thereof (Effective October 1, 2023): 248
With respect to any state employee whose position is eliminated or 249
who is laid off as a result of any contract or amendment to a contract 250
which is subject to the provisions of this chapter and [subsection (e) of 251
section 1-205,] subsection (c) of section 1-211, [subsection (b) of section 252
1-212, section 4-5,] section 4a-50 [,] or 4a-51, subsection (b) of section 4a-253
57, subsection (a) of section 10a-151b [,] or subsection (a) of section 19a-254
110, or any subcontract for work under such contract or amendment, (1) 255
the contractor shall hire the employee, upon application by the 256
employee, unless the employee is hired by a subcontractor of the 257
contractor, or (2) the employee may transfer to any vacant position in 258
state service for which such employee is qualified, to the extent allowed 259
under the provisions of existing collectively bargained agreements and 260
the general statutes. If the contractor or any such subcontractor hires any 261
such state employee and does not provide the employee with fringe 262
benefits which are equivalent to, or greater than, the fringe benefits that 263
the employee would have received in state service, the state shall, for 264
two years after the employee terminates from state service, provide to 265
the employee either (A) the same benefits that such employee received 266
from the state, or (B) compensation in an amount which represents the 267
difference in the value of the fringe benefits that such employee received 268
when in state service and the fringe benefits that such employee receives 269
from the contractor or subcontractor. 270
Sec. 10. Section 4d-48 of the general statutes is repealed and the 271
following is substituted in lieu thereof (Effective October 1, 2023): 272 Substitute Bill No. 1155
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No contract or subcontract for state agency information system or 273
telecommunication system facilities, equipment or services may be 274
awarded to any business entity or individual pursuant to this chapter, 275
[or subsection (e) of section 1-205,] subsection (c) of section 1-211, 276
[subsection (b) of section 1-212, section 4-5,] subsection (a) of section 10a-277
151b [,] or subsection (a) of section 19a-110 if such business entity or 278
individual previously had a contract with the state or a state agency to 279
provide information system or telecommunication system facilities, 280
equipment or services and such prior contract was finally terminated by 281
the state or a state agency within the previous five years for the reason 282
that such business entity or individual failed to perform or otherwise 283
breached a material obligation of the contract related to information 284
system or telecommunication system facilities, equipment or services. If 285
the termination of any such previous contract is contested in an 286
arbitration or judicial proceeding, the termination shall not be final until 287
the conclusion of such arbitration or judicial proceeding. If the fact-288
finder determines, or a settlement stipulates, that the contractor failed 289
to perform or otherwise breached a material obligation of the contract 290
related to information system or telecommunication system facilities, 291
equipment or services, any award of a contract pursuant to said chapter 292
or sections during the pendency of such arbitration or proceeding shall 293
be rescinded and the bar provided in this section shall apply to such 294
business entity or individual. 295
Sec. 11. Subsection (d) of section 1-210 of the general statutes is 296
repealed and the following is substituted in lieu thereof (Effective October 297
1, 2023): 298
(d) Whenever a public agency, except the Judicial Department or 299
Legislative Department, receives a request from any person for 300
disclosure of any records described in subdivision (19) of subsection (b) 301
of this section under the Freedom of Information Act, the public agency 302
shall promptly notify the Commissioner of Administrative Services or 303
the Commissioner of Emergency Services and Public Protection, as 304
applicable, of such request, in the manner prescribed by such 305 Substitute Bill No. 1155
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commissioner, before complying with the request as required by the 306
Freedom of Information Act. If the commissioner, after consultation 307
with the chief executive officer of the applicable agency, believes the 308
requested record is exempt from disclosure pursuant to subdivision (19) 309
of subsection (b) of this section, the commissioner may direct the agency 310
to withhold such record from such person. In any appeal brought under 311
the provisions of section 1-206 of the Freedom of Information Act for 312
denial of access to records for any of the reasons described in 313
subdivision (19) of subsection (b) of this section, such appeal shall be 314
against (1) the chief executive officer of the executive branch state 315
agency or the municipal, district or regional agency that maintains or 316
has custody of the requested record, and (2) the commissioner who 317
issued the directive to the public agency to withhold such record 318
pursuant to subdivision (19) of subsection (b) of this section, 319
[exclusively, or] except, in the case of records concerning Judicial 320
Department facilities, such appeal shall be against the Chief Court 321
Administrator [or ,] and in the case of records concerning the Legislative 322
Department, such appeal shall be against the executive director of the 323
Joint Committee on Legislative Management. 324
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 1-200
Sec. 2 October 1, 2023 1-218
Sec. 3 October 1, 2023 1-211(b)
Sec. 4 October 1, 2023 1-205(e)
Sec. 5 October 1, 2023 1-210(b)(17)
Sec. 6 October 1, 2023 1-212(g)
Sec. 7 October 1, 2023 1-225(d)
Sec. 8 October 1, 2023 4d-30(1)
Sec. 9 October 1, 2023 4d-47
Sec. 10 October 1, 2023 4d-48
Sec. 11 October 1, 2023 1-210(d)
GAE Joint Favorable Subst.