Researcher: TA Page 1 4/12/23
OLR Bill Analysis
sSB 1221
AN ACT CONCERNING THE ENFORCEMENT OF VIOLATIONS OF
THE FREEDOM OF INFORMATION ACT.
SUMMARY
This bill increases, from $1,000 to $10,000, the maximum civil penalty
that the Freedom of Information Commission (FOIC) may impose for
certain Freedom of Information Act (FOIA) violations. As under existing
law, the commission may impose the penalty against a records
custodian or official responsible for denying a right conferred by FOIA
(e.g., a request to inspect or copy a public record) if it finds that the
denial was without reasonable grounds. FOIC may impose the penalty
after giving the custodian or official an opportunity for a hearing.
The bill also allows FOIC to bring an action in court against certain
public agencies. Under existing law, when a person files an appeal with
FOIC against a public agency, the commission may confirm the agency’s
action or order it to provide relief that the commission believes is
appropriate to rectify the denial. The bill additionally allows FOIC to
bring an action in New Britain Superior Court if it finds that a public
agency is engaging in (1) a practice or pattern of conduct that constitutes
an obstruction of the public's right to access information under FOIA or
(2) reckless, willful, or wanton misconduct in delaying or denying
responses to public records requests.
Under the bill, FOIC may make these findings in an appeal to the
commission of a denial by a public agency of a right conferred by FOIA
and after a hearing. The bill allows FOIC to apply to the court for further
injunctive and equitable relief, damages, attorney’s fees, and costs as the
court may order.
The bill also makes technical changes.
EFFECTIVE DATE: October 1, 2023 2023SB-01221-R000525-BA.DOCX
Researcher: TA Page 2 4/12/23
COMMITTEE ACTION
Government Administration and Elections Committee
Joint Favorable Substitute
Yea 16 Nay 3 (03/24/2023)