Connecticut 2023 Regular Session

Connecticut Senate Bill SB01155 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	SB.docx
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7		-	General Assembly ~~Substitute~~ Bill No. 1155
	5	+	General Assembly Raised Bill No. 1155
8	6		January Session, 2023
	7	+	LCO No. 3295
9	8
	9	+
	10	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	11	+	AND ELECTIONS
	12	+
	13	+
	14	+	Introduced by:
	15	+	(GAE)
10	16
11	17
12	18
13	19
14	20		AN ACT IMPLEMENTING RECOMMENDATIONS OF THE FREEDOM
15	21		OF INFORMATION COMMISSION.
16	22		Be it enacted by the Senate and House of Representatives in General
17	23		Assembly convened:
18	24
19	25		Section 1. Section 1-200 of the general statutes is repealed and the 1
20	26		following is substituted in lieu thereof (Effective October 1, 2023): 2
21	27		As used in this chapter, the following words and phrases have the 3
22	28		following meanings, except where such terms are used in a context 4
23	29		which clearly indicates the contrary: 5
24	30		(1) "Public agency" or "agency" means: 6
25	31		(A) Any executive, administrative or legislative office of the state or 7
26	32		any political subdivision of the state and any state or town agency, any 8
27	33		department, institution, bureau, board, commission, authority or official 9
28	34		of the state or of any city, town, borough, municipal corporation, school 10
29	35		district, regional district or other district or other political subdivision of 11
30	36		the state, including any committee of, or created by, any such office, 12
31		-	subdivision, agency, department, institution, bureau, board, 13
	37	+	subdivision, agency, department, institution, bureau, board, 13 Raised Bill No. 1155
	38	+
	39	+
	40	+
	41	+	LCO No. 3295 2 of 12
	42	+
32	43		commission, authority or official, and also includes any judicial office, 14
33	44		official, or body or committee thereof but only with respect to its or their 15
34	45		administrative functions, and for purposes of this subparagraph, 16
35		-	"judicial office" includes, but is not limited to, the Division of Public 17 Substitute Bill No. 1155
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	46	+	"judicial office" includes, but is not limited to, the Division of Public 17
42	47		Defender Services; 18
43	48		(B) Any person to the extent such person is deemed to be the 19
44	49		functional equivalent of a public agency pursuant to law; or 20
45	50		(C) Any "implementing agency", as defined in section 32-222. 21
46	51		(2) "Meeting" means any hearing or other proceeding of a public 22
47	52		agency, any convening or assembly of a quorum of a multimember 23
48	53		public agency, and any communication by or to a quorum of a 24
49	54		multimember public agency, whether in person or by means of 25
50	55		electronic equipment, to discuss or act upon a matter over which the 26
51	56		public agency has supervision, control, jurisdiction or advisory power. 27
52	57		"Meeting" does not include: Any meeting of a personnel search 28
53	58		committee for executive level employment candidates; any chance 29
54	59		meeting, or a social meeting neither planned nor intended for the 30
55	60		purpose of discussing matters relating to official business; strategy or 31
56	61		negotiations with respect to collective bargaining; a caucus of members 32
57	62		of a single political party notwithstanding that such members also 33
58	63		constitute a quorum of a public agency; an administrative or staff 34
59	64		meeting of a single-member public agency; and communication limited 35
60	65		to notice of meetings of any public agency or the agendas thereof. A 36
61	66		quorum of the members of a public agency who are present at any event 37
62	67		which has been noticed and conducted as a meeting of another public 38
63	68		agency under the provisions of the Freedom of Information Act shall not 39
64	69		be deemed to be holding a meeting of the public agency of which they 40
65	70		are members as a result of their presence at such event. 41
66	71		(3) "Caucus" means (A) a convening or assembly of the enrolled 42
67	72		members of a single political party who are members of a public agency 43
68	73		within the state or a political subdivision, or (B) the members of a 44
69		-	multimember public agency, which members constitute a majority of 45
	74	+	multimember public agency, which members constitute a majority of 45 Raised Bill No. 1155
	75	+
	76	+
	77	+
	78	+	LCO No. 3295 3 of 12
	79	+
70	80		the membership of the agency, or the other members of the agency who 46
71	81		constitute a minority of the membership of the agency, who register 47
72	82		their intention to be considered a majority caucus or minority caucus, as 48
73		-	the case may be, for the purposes of the Freedom of Information Act, 49 Substitute Bill No. 1155
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	83	+	the case may be, for the purposes of the Freedom of Information Act, 49
80	84		provided (i) the registration is made with the office of the Secretary of 50
81	85		the State for any such public agency of the state, in the office of the clerk 51
82	86		of a political subdivision of the state for any public agency of a political 52
83	87		subdivision of the state, or in the office of the clerk of each municipal 53
84	88		member of any multitown district or agency, (ii) no member is 54
85	89		registered in more than one caucus at any one time, (iii) no such 55
86	90		member's registration is rescinded during the member's remaining term 56
87	91		of office, and (iv) a member may remain a registered member of the 57
88	92		majority caucus or minority caucus regardless of whether the member 58
89	93		changes his or her party affiliation under chapter 143. 59
90	94		(4) "Person" means a natural person, partnership, corporation, limited 60
91	95		liability company, association or society. 61
92	96		(5) "Public records or files" means any recorded data or information 62
93	97		relating to the conduct of the public's business prepared, owned, used, 63
94	98		received or retained by a public agency, or to which a public agency is 64
95	99		entitled to receive a copy by law or contract under section 1-218, as 65
96	100		amended by this act, whether such data or information be handwritten, 66
97	101		typed, tape-recorded, videotaped, printed, photostated, photographed 67
98	102		or recorded by any other method. 68
99	103		(6) "Executive sessions" means a meeting of a public agency at which 69
100	104		the public is excluded for one or more of the following purposes: (A) 70
101	105		Discussion concerning the appointment, employment, performance, 71
102	106		evaluation, health or dismissal of a public officer or employee, provided 72
103	107		that such individual may require that discussion be held at an open 73
104	108		meeting; (B) strategy and negotiations with respect to pending claims or 74
105	109		pending litigation to which the public agency or a member thereof, 75
106	110		because of the member's conduct as a member of such agency, is a party 76
107	111		until such litigation or claim has been finally adjudicated or otherwise 77
108		-	settled; (C) matters concerning security strategy or the deployment of 78
	112	+	settled; (C) matters concerning security strategy or the deployment of 78 Raised Bill No. 1155
	113	+
	114	+
	115	+
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	117	+
109	118		security personnel, or devices affecting public security; (D) discussion 79
110	119		of the selection of a site or the lease, sale or purchase of real estate by the 80
111	120		state or a political subdivision of the state when publicity regarding such 81
112		-	site, lease, sale, purchase or construction would adversely impact the 82 Substitute Bill No. 1155
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	121	+	site, lease, sale, purchase or construction would adversely impact the 82
119	122		price of such site, lease, sale, purchase or construction until such time as 83
120	123		all of the property has been acquired or all proceedings or transactions 84
121	124		concerning same have been terminated or abandoned; and (E) 85
122	125		discussion of any matter which would result in the disclosure of public 86
123	126		records or the information contained therein described in subsection (b) 87
124	127		of section 1-210, as amended by this act. 88
125	128		(7) "Personnel search committee" means a body appointed by a public 89
126	129		agency, whose sole purpose is to recommend to the appointing agency 90
127	130		a candidate or candidates for an executive-level employment position. 91
128	131		Members of a "personnel search committee" shall not be considered in 92
129	132		determining whether there is a quorum of the appointing or any other 93
130	133		public agency. 94
131	134		(8) "Pending claim" means a written notice to an agency which sets 95
132	135		forth a demand for legal relief or which asserts a legal right stating the 96
133	136		intention to institute an action in an appropriate forum if such relief or 97
134	137		right is not granted. 98
135	138		(9) "Pending litigation" means (A) a written notice to an agency which 99
136	139		sets forth a demand for legal relief or which asserts a legal right stating 100
137	140		the intention to institute an action before a court if such relief or right is 101
138	141		not granted by the agency; (B) the service of a complaint against an 102
139	142		agency returnable to a court which seeks to enforce or implement legal 103
140	143		relief or a legal right; or (C) the agency's consideration of action to 104
141	144		enforce or implement legal relief or a legal right. 105
142	145		(10) "Freedom of Information Act" means this chapter. 106
143	146		[(11) "Governmental function" means the administration or 107
144	147		management of a program of a public agency, which program has been 108
145	148		authorized by law to be administered or managed by a person, where 109
146		-	(A) the person receives funding from the public agency for 110
	149	+	(A) the person receives funding from the public agency for 110 Raised Bill No. 1155
	150	+
	151	+
	152	+
	153	+	LCO No. 3295 5 of 12
	154	+
147	155		administering or managing the program, (B) the public agency is 111
148	156		involved in or regulates to a significant extent such person's 112
149		-	administration or management of the program, whether or not such 113 Substitute Bill No. 1155
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	157	+	administration or management of the program, whether or not such 113
156	158		involvement or regulation is direct, pervasive, continuous or day-to-114
157	159		day, and (C) the person participates in the formulation of governmental 115
158	160		policies or decisions in connection with the administration or 116
159	161		management of the program and such policies or decisions bind the 117
160	162		public agency. "Governmental function" shall not include the mere 118
161	163		provision of goods or services to a public agency without the delegated 119
162	164		responsibility to administer or manage a program of a public agency.] 120
163	165		[(12)] (11) "Electronic equipment" means any technology that 121
164	166		facilitates real-time public access to meetings, including, but not limited 122
165	167		to, telephonic, video or other conferencing platforms. 123
166	168		[(13)] (12) "Electronic transmission" means any form or process of 124
167	169		communication not directly involving the physical transfer of paper or 125
168	170		another tangible medium, which (A) is capable of being retained, 126
169	171		retrieved and reproduced by the recipient, and (B) is retrievable in paper 127
170	172		form by the recipient. 128
171	173		Sec. 2. Section 1-218 of the general statutes is repealed and the 129
172	174		following is substituted in lieu thereof (Effective October 1, 2023): 130
173	175		(a) For purposes of this section, "governmental function" means the 131
174	176		administration or management of a program of a public agency, which 132
175	177		program has been authorized by law to be administered or managed by 133
176	178		a person, where (1) the person receives funding from the public agency 134
177	179		for administering or managing the program, (2) the public agency is 135
178	180		involved in or regulates to a significant extent such person's 136
179	181		administration or management of the program, whether or not such 137
180	182		involvement or regulation is direct, pervasive, continuous or day-to-138
181	183		day, and (3) the person participates in the formulation of governmental 139
182	184		policies or decisions in connection with the administration or 140
183	185		management of the program and such policies or decisions bind the 141
184		-	public agency. "Governmental function" does not include the mere 142
185		-	provision of goods or services to a public agency without the delegated 143
186		-	responsibility to administer or manage a program of a public agency. 144 Substitute Bill No. 1155
	186	+	public agency. "Governmental function" does not include the mere 142 Raised Bill No. 1155
187	187
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	191	+
	192	+	provision of goods or services to a public agency without the delegated 143
	193	+	responsibility to administer or manage a program of a public agency. 144
193	194		(b) Each contract in excess of two million five hundred thousand 145
194	195		dollars between a public agency and a person for the performance of a 146
195	196		governmental function shall (1) provide that the public agency is 147
196	197		entitled to receive a copy of records and files related to the performance 148
197	198		of the governmental function, and (2) indicate that such records and files 149
198	199		are subject to the Freedom of Information Act and may be disclosed by 150
199	200		the public agency pursuant to the Freedom of Information Act. No 151
200	201		request to inspect or copy such records or files shall be valid unless the 152
201	202		request is made to the public agency in accordance with the Freedom of 153
202	203		Information Act. Any complaint by a person who is denied the right to 154
203	204		inspect or copy such records or files shall be brought to the Freedom of 155
204	205		Information Commission in accordance with the provisions of sections 156
205	206		1-205, as amended by this act, and 1-206. 157
206	207		Sec. 3. Subsection (b) of section 1-211 of the general statutes is 158
207	208		repealed and the following is substituted in lieu thereof (Effective October 159
208	209		1, 2023): 160
209	210		(b) Except as otherwise provided by state statute, no public agency 161
210	211		shall enter into a contract with, or otherwise obligate itself to, any person 162
211	212		if such contract or obligation impairs the right of the public under the 163
212	213		Freedom of Information Act to inspect or copy the agency's nonexempt 164
213	214		public records existing on-line in, or stored on a device or medium used 165
214	215		in connection with, a computer system owned, leased or otherwise used 166
215	216		by the agency. [in the course of its governmental functions.] 167
216	217		Sec. 4. Subsection (e) of section 1-205 of the general statutes is 168
217	218		repealed and the following is substituted in lieu thereof (Effective October 169
218	219		1, 2023): 170
219	220		(e) The Freedom of Information Commission shall conduct training 171
220	221		sessions, at least annually, for members of public agencies for the 172
221	222		purpose of educating such members as to the requirements of this 173
222		-	section and sections [1-7 to 1-14, inclusive, 1-16 to 1-18, inclusive,] 1-200 174
223		-	to 1-202, inclusive, as amended by this act, [1-205,] 1-206, 1-210 to [1-217] 175
224		-	1-219, inclusive, as amended by this act, 1-225 to 1-232, inclusive, as 176 Substitute Bill No. 1155
	223	+	section and sections [1-7 to 1-14, inclusive, 1-16 to 1-18, inclusive,] 1-200 174 Raised Bill No. 1155
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231		-	amended by this act, and 1-240 [, 1-241 and 19a-342] to 1-242, inclusive. 177
	227	+	LCO No. 3295 7 of 12
	228	+
	229	+	to 1-202, inclusive, as amended by this act, [1-205,] 1-206, 1-210 to [1-217] 175
	230	+	1-219, inclusive, as amended by this act, 1-225 to 1-232, inclusive, as 176
	231	+	amended by this act, 1-240 [, 1-241] and [19a-342] 1-242. 177
232	232		Sec. 5. Subdivision (17) of subsection (b) of section 1-210 of the general 178
233	233		statutes is repealed and the following is substituted in lieu thereof 179
234	234		(Effective October 1, 2023): 180
235	235		(17) [Educational] Education records which are not subject to 181
236	236		disclosure under the Family Educational Rights and Privacy Act, 20 182
237	237		USC 1232g; 183
238	238		Sec. 6. Subsection (g) of section 1-212 of the general statutes is 184
239	239		repealed and the following is substituted in lieu thereof (Effective October 185
240	240		1, 2023): 186
241	241		(g) Any individual may copy a public record through the use of a 187
242	242		hand-held scanner. A public agency may establish a fee structure not to 188
243	243		exceed twenty dollars for an individual to pay each time the individual 189
244	244		copies records at the agency with a hand-held scanner. As used in this 190
245	245		section, "hand-held scanner" means a battery operated electronic 191
246	246		scanning device the use of which (1) leaves no mark or impression on 192
247	247		the public record, and (2) does not unreasonably interfere with the 193
248	248		operation of the public agency. "Hand-held scanner" includes, but is not 194
249	249		limited to, a mobile telephone, camera or any other portable device 195
250	250		capable of capturing an image of a public record. 196
251	251		Sec. 7. Subsection (d) of section 1-225 of the general statutes is 197
252	252		repealed and the following is substituted in lieu thereof (Effective October 198
253	253		1, 2023): 199
254	254		(d) Notice of each special meeting of every public agency, except for 200
255	255		the General Assembly, either house thereof or any committee thereof, 201
256	256		shall be posted not less than twenty-four hours before the meeting to 202
257	257		which such notice refers on the public agency's Internet web site, if 203
258	258		available, and given not less than twenty-four hours prior to the time of 204
259		-	such meeting by filing a notice of the time and place thereof in the office 205
260		-	of the Secretary of the State for any such public agency of the state, in 206
261		-	the office of the clerk of such subdivision for any public agency of a 207 Substitute Bill No. 1155
	259	+	such meeting by filing a notice of the time and place thereof in the office 205 Raised Bill No. 1155
262	260
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	265	+	of the Secretary of the State for any such public agency of the state, in 206
	266	+	the office of the clerk of such subdivision for any public agency of a 207
268	267		political subdivision of the state and in the office of the clerk of each 208
269	268		municipal member for any multitown district or agency. The secretary 209
270	269		or clerk shall cause any notice received under this section to be posted 210
271	270		in his or her office, and in the case of a notice of a public agency of the 211
272	271		state filed with the secretary, on the Secretary of the State's Internet web 212
273	272		site. Such notice shall be given not less than twenty-four hours prior to 213
274	273		the time of the special meeting; provided, in case of emergency, except 214
275	274		for the General Assembly, either house thereof or any committee 215
276	275		thereof, any such special meeting may be held without complying with 216
277	276		the foregoing requirement for the filing of notice but a copy of the 217
278	277		minutes of every such emergency special meeting adequately setting 218
279	278		forth the nature of the emergency and the proceedings occurring at such 219
280	279		meeting shall be filed with the Secretary of the State, the clerk of such 220
281	280		political subdivision, or the clerk of each municipal member of such 221
282	281		multitown district or agency, as the case may be, not later than seventy-222
283	282		two hours following the holding of such meeting. The notice shall 223
284	283		specify the time and place of the special meeting and the business to be 224
285	284		transacted. No other business shall be considered at such meetings by 225
286	285		such public agency. In addition, such written notice shall be delivered 226
287	286		by electronic transmission or by mail to the usual place of abode of each 227
288	287		member of the public agency so that the same is received prior to such 228
289	288		special meeting. The requirement of delivery of such written notice may 229
290	289		be dispensed with as to any member who at or prior to the time the 230
291	290		meeting convenes files with the clerk or secretary of the public agency a 231
292	291		written waiver of delivery of such notice. Such waiver may be given by 232
293	292		[telegram] electronic transmission or by mail. The requirement of 233
294	293		delivery of such written notice may also be dispensed with as to any 234
295	294		member who is actually present at the meeting at the time it convenes. 235
296	295		Nothing in this section shall be construed to prohibit any agency from 236
297	296		adopting more stringent notice requirements. 237
298	297		Sec. 8. Subdivision (1) of section 4d-30 of the general statutes is 238
299		-	repealed and the following is substituted in lieu thereof (Effective October 239
300		-	1, 2023): 240 Substitute Bill No. 1155
	298	+	repealed and the following is substituted in lieu thereof (Effective October 239 Raised Bill No. 1155
301	299
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	304	+	1, 2023): 240
307	305		(1) "Contract" means a contract for state agency information system 241
308	306		or telecommunication system facilities, equipment or services, which is 242
309	307		awarded pursuant to this chapter, [or subsection (e) of section 1-205,] 243
310	308		subsection (c) of section 1-211, [subsection (b) of section 1-212, section 4-244
311	309		5,] subsection (a) of section 10a-151b [,] or subsection (a) of section 19a-245
312	310		110. 246
313	311		Sec. 9. Section 4d-47 of the general statutes is repealed and the 247
314	312		following is substituted in lieu thereof (Effective October 1, 2023): 248
315	313		With respect to any state employee whose position is eliminated or 249
316	314		who is laid off as a result of any contract or amendment to a contract 250
317	315		which is subject to the provisions of this chapter and [subsection (e) of 251
318	316		section 1-205,] subsection (c) of section 1-211, [subsection (b) of section 252
319		-	1-212, section 4-5,] section 4a-50 [,] or 4a-51, subsection (b) of section 4a-253
320		-	57, subsection (a) of section 10a-151b [,] or subsection (a) of section 19a-254
321		-	110, or any subcontract for work under such contract or amendment, (1) 255
322		-	the contractor shall hire the employee, upon application by the 256
323		-	employee, unless the employee is hired by a subcontractor of the 257
324		-	contractor, or (2) the employee may transfer to any vacant position in 258
325		-	state service for which such employee is qualified, to the extent allowed 259
326		-	under the provisions of existing collectively bargained agreements and 260
327		-	the general statutes. If the contractor or any such subcontractor hires any 261
328		-	such state employee and does not provide the employee with fringe 262
329		-	benefits which are equivalent to, or greater than, the fringe benefits that 263
330		-	the employee would have received in state service, the state shall, for 264
331		-	two years after the employee terminates from state service, provide to 265
332		-	the employee either (A) the same benefits that such employee received 266
333		-	from the state, or (B) compensation in an amount which represents the 267
334		-	difference in the value of the fringe benefits that such employee received 268
335		-	when in state service and the fringe benefits that such employee receives 269
336		-	from the contractor or subcontractor. 270
337		-	Sec. 10. Section 4d-48 of the general statutes is repealed and the 271
338		-	following is substituted in lieu thereof (Effective October 1, 2023): 272 Substitute Bill No. 1155
	317	+	1-212, section 4-5,] section 4a-50, 4a-51, subsection (b) of section 4a-57, 253
	318	+	subsection (a) of section 10a-151b [,] or subsection (a) of section 19a-110, 254
	319	+	or any subcontract for work under such contract or amendment, (1) the 255
	320	+	contractor shall hire the employee, upon application by the employee, 256
	321	+	unless the employee is hired by a subcontractor of the contractor, or (2) 257
	322	+	the employee may transfer to any vacant position in state service for 258
	323	+	which such employee is qualified, to the extent allowed under the 259
	324	+	provisions of existing collectively bargained agreements and the general 260
	325	+	statutes. If the contractor or any such subcontractor hires any such state 261
	326	+	employee and does not provide the employee with fringe benefits which 262
	327	+	are equivalent to, or greater than, the fringe benefits that the employee 263
	328	+	would have received in state service, the state shall, for two years after 264
	329	+	the employee terminates from state service, provide to the employee 265
	330	+	either (A) the same benefits that such employee received from the state, 266
	331	+	or (B) compensation in an amount which represents the difference in the 267
	332	+	value of the fringe benefits that such employee received when in state 268
	333	+	service and the fringe benefits that such employee receives from the 269
	334	+	contractor or subcontractor. 270
	335	+	Sec. 10. Section 4d-48 of the general statutes is repealed and the 271 Raised Bill No. 1155
339	336
340	337
341		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01155-
342		-	R01-SB.docx }
343		-	10 of 11
344	338
	339	+	LCO No. 3295 10 of 12
	340	+
	341	+	following is substituted in lieu thereof (Effective October 1, 2023): 272
345	342		No contract or subcontract for state agency information system or 273
346	343		telecommunication system facilities, equipment or services may be 274
347	344		awarded to any business entity or individual pursuant to this chapter, 275
348	345		[or subsection (e) of section 1-205,] subsection (c) of section 1-211, 276
349	346		[subsection (b) of section 1-212, section 4-5,] subsection (a) of section 10a-277
350	347		151b [,] or subsection (a) of section 19a-110 if such business entity or 278
351	348		individual previously had a contract with the state or a state agency to 279
352	349		provide information system or telecommunication system facilities, 280
353	350		equipment or services and such prior contract was finally terminated by 281
354	351		the state or a state agency within the previous five years for the reason 282
355	352		that such business entity or individual failed to perform or otherwise 283
356	353		breached a material obligation of the contract related to information 284
357	354		system or telecommunication system facilities, equipment or services. If 285
358	355		the termination of any such previous contract is contested in an 286
359	356		arbitration or judicial proceeding, the termination shall not be final until 287
360	357		the conclusion of such arbitration or judicial proceeding. If the fact-288
361	358		finder determines, or a settlement stipulates, that the contractor failed 289
362	359		to perform or otherwise breached a material obligation of the contract 290
363	360		related to information system or telecommunication system facilities, 291
364	361		equipment or services, any award of a contract pursuant to said chapter 292
365	362		or sections during the pendency of such arbitration or proceeding shall 293
366	363		be rescinded and the bar provided in this section shall apply to such 294
367	364		business entity or individual. 295
368	365		Sec. 11. Subsection (d) of section 1-210 of the general statutes is 296
369	366		repealed and the following is substituted in lieu thereof (Effective October 297
370	367		1, 2023): 298
371	368		(d) Whenever a public agency, except the Judicial Department or 299
372	369		Legislative Department, receives a request from any person for 300
373	370		disclosure of any records described in subdivision (19) of subsection (b) 301
374	371		of this section under the Freedom of Information Act, the public agency 302
375	372		shall promptly notify the Commissioner of Administrative Services or 303
376		-	the Commissioner of Emergency Services and Public Protection, as 304
377		-	applicable, of such request, in the manner prescribed by such 305 Substitute Bill No. 1155
	373	+	the Commissioner of Emergency Services and Public Protection, as 304 Raised Bill No. 1155
378	374
379	375
380		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01155-
381		-	R01-SB.docx }
382		-	11 of 11
383	376
	377	+	LCO No. 3295 11 of 12
	378	+
	379	+	applicable, of such request, in the manner prescribed by such 305
384	380		commissioner, before complying with the request as required by the 306
385	381		Freedom of Information Act. If the commissioner, after consultation 307
386	382		with the chief executive officer of the applicable agency, believes the 308
387	383		requested record is exempt from disclosure pursuant to subdivision (19) 309
388	384		of subsection (b) of this section, the commissioner may direct the agency 310
389	385		to withhold such record from such person. In any appeal brought under 311
390	386		the provisions of section 1-206 of the Freedom of Information Act for 312
391	387		denial of access to records for any of the reasons described in 313
392	388		subdivision (19) of subsection (b) of this section, such appeal shall be 314
393	389		against (1) the chief executive officer of the executive branch state 315
394	390		agency or the municipal, district or regional agency that maintains or 316
395	391		has custody of the requested record, and (2) the commissioner who 317
396	392		issued the directive to the public agency to withhold such record 318
397	393		pursuant to subdivision (19) of subsection (b) of this section, 319
398		-	[exclusively, or] except, in the case of records concerning Judicial 320
	394	+	[exclusively, or ,] except, in the case of records concerning Judicial 320
399	395		Department facilities, such appeal shall be against the Chief Court 321
400	396		Administrator [or ,] and in the case of records concerning the Legislative 322
401	397		Department, such appeal shall be against the executive director of the 323
402	398		Joint Committee on Legislative Management. 324
403	399		This act shall take effect as follows and shall amend the following
404	400		sections:
405	401
406	402		Section 1 October 1, 2023 1-200
407	403		Sec. 2 October 1, 2023 1-218
408	404		Sec. 3 October 1, 2023 1-211(b)
409	405		Sec. 4 October 1, 2023 1-205(e)
410	406		Sec. 5 October 1, 2023 1-210(b)(17)
411	407		Sec. 6 October 1, 2023 1-212(g)
412	408		Sec. 7 October 1, 2023 1-225(d)
413	409		Sec. 8 October 1, 2023 4d-30(1)
414	410		Sec. 9 October 1, 2023 4d-47
415	411		Sec. 10 October 1, 2023 4d-48
416	412		Sec. 11 October 1, 2023 1-210(d)
	413	+	Raised Bill No. 1155
417	414
418		-	GAE Joint Favorable Subst.
	415	+
	416	+
	417	+	LCO No. 3295 12 of 12
	418	+
	419	+	Statement of Purpose:
	420	+	To make revisions to the Freedom of Information Act recommended by
	421	+	the Freedom of Information Commission, including concerning the
	422	+	application of the definition of "governmental function", which
	423	+	statutory provisions require training by the commission, the education
	424	+	records exemption, the definition of "hand-held scanner", electronic
	425	+	notice of special meetings and appeals for denial of access to certain
	426	+	public records.
	427	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	428	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	429	+	underlined.]
419	430