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General Assembly Raised Bill No. 355
February Session, 2024
LCO No. 1535
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
FREEDOM OF INFORMATION COMMISSION FOR REVISIONS TO THE
FREEDOM OF INFORMATION ACT.
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 Section 1-200 of the general statutes is repealed and the 1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, 2024): 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 Raised Bill No. 355
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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
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 Raised Bill No. 355
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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
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 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 Raised Bill No. 355
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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
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 Raised Bill No. 355
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(A) the person receives funding from the pub lic 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
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, 2024): 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 Raised Bill No. 355
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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
(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, 2024): 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, 2024): 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 Raised Bill No. 355
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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,] 1-205a, 1-206, 1-210 175
to [1-217] 1-219, inclusive, as amended by this act, 1-225 to 1-232, 176
inclusive, as amended by this act, and 1-240 to 1-242, inclusive. [, 1-241 177
and 19a-342.] 178
Sec. 5. Subdivision (17) of subsection (b) of section 1-210 of the 2024 179
supplement to the general statutes is repealed and the following is 180
substituted in lieu thereof (Effective October 1, 2024): 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, 2024): 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, camera or any other portable device 196
capable of capturing an image of a public record. 197
Sec. 7. Subsection (d) of section 1-225 of the general statutes is 198
repealed and the following is substituted in lieu thereof (Effective October 199
1, 2024): 200
(d) Notice of each special meeting of every public agency, except for 201
the General Assembly, either house thereof or any committee thereof, 202
shall be posted not less than twenty-four hours before the meeting to 203
which such notice refers on the public agency's Internet web site, if 204 Raised Bill No. 355
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available, and given not less than twenty-four hours prior to the time of 205
such meeting by filing a notice of the time and place thereof in the office 206
of the Secretary of the State for any such public agency of the state, in 207
the office of the clerk of such subdivision for any public agency of a 208
political subdivision of the state and in the office of the clerk of each 209
municipal member for any multitown district or agency. The secretary 210
or clerk shall cause any notice received under this section to be posted 211
in his or her office, and in the case of a notice of a public agency of the 212
state filed with the secretary, on the Secretary of the State's Internet web 213
site. Such notice shall be given not less than twenty-four hours prior to 214
the time of the special meeting; provided, in case of emergency, except 215
for the General Assembly, either house thereof or any committee 216
thereof, any such special meeting may be held without complying with 217
the foregoing requirement for the filing of notice but a copy of the 218
minutes of every such emergency special meeting adequately setting 219
forth the nature of the emergency and the proceedings occurring at such 220
meeting shall be filed with the Secretary of the State, the clerk of such 221
political subdivision, or the clerk of each municipal member of such 222
multitown district or agency, as the case may be, not later than seventy-223
two hours following the holding of such meeting. The notice shall 224
specify the time and place of the special meeting and the business to be 225
transacted. No other business shall be considered at such meetings by 226
such public agency. In addition, such written notice shall be delivered 227
by electronic transmission or by mail to the usual place of abode of each 228
member of the public agency so that the same is received prior to such 229
special meeting. The requirement of delivery of such written notice may 230
be dispensed with as to any member who at or prior to the time the 231
meeting convenes files with the clerk or secretary of the public agency a 232
written waiver of delivery of such notice. Such waiver may be given by 233
[telegram] electronic transmission or by mail. The requirement of 234
delivery of such written notice may also be dispensed with as to any 235
member who is actually present at the meeting at the time it convenes. 236
Nothing in this section shall be construed to prohibit any agency from 237
adopting more stringent notice requirements. 238 Raised Bill No. 355
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Sec. 8. Subdivision (1) of section 4d-30 of the 2024 supplement to the 239
general statutes is repealed and the following is substituted in lieu 240
thereof (Effective October 1, 2024): 241
(1) "Contract" means a contract for state agency information system 242
or telecommunication system facilities, equipment or services, which is 243
awarded pursuant to this chapter or [subsection (e) of section 1-205,] 244
subsection (c) of section 1-211, [subsection (b) of section 1-212, section 4-245
5,] subsection (a) of section 10a-151b [,] or subsection (b) of section 19a-246
110. 247
Sec. 9. Section 4d-47 of the 2024 supplement to the general statutes is 248
repealed and the following is substituted in lieu thereof (Effective October 249
1, 2024): 250
With respect to any state employee whose position is eliminated or 251
who is laid off as a result of any contract or amendment to a contract 252
which is subject to the provisions of this chapter and [subsection (e) of 253
section 1-205,] subsection (c) of section 1-211, [subsection (b) of section 254
1-212, section 4-5,] section 4a-50 [,] or 4a-51, subsection (b) of section 4a-255
57, subsection (a) of section 10a-151b [,] or subsection (b) of section 19a-256
110, or any subcontract for work under such contract or amendment, (1) 257
the contractor shall hire the employee, upon application by the 258
employee, unless the employee is hired by a subcontractor of the 259
contractor, or (2) the employee may transfer to any vacant position in 260
state service for which such employee is qualified, to the extent allowed 261
under the provisions of existing collectively bargained agreements and 262
the general statutes. If the contractor or any such subcontractor hires any 263
such state employee and does not provide the employee with fringe 264
benefits which are equivalent to, or greater than, the fringe benefits that 265
the employee would have received in state service, the state shall, for 266
two years after the employee terminates from state service, provide to 267
the employee either (A) the same benefits that such employee received 268
from the state, or (B) compensation in an amount which represents the 269
difference in the value of the fringe benefits that such employee received 270
when in state service and the fringe benefits that such employee receives 271 Raised Bill No. 355
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from the contractor or subcontractor. 272
Sec. 10. Section 4d-48 of the 2024 supplement to the general statutes 273
is repealed and the following is substituted in lieu thereof (Effective 274
October 1, 2024): 275
No contract or subcontract for state agency information system or 276
telecommunication system facilities, equipment or services may be 277
awarded to any business entity or individual pursuant to this chapter or 278
[subsection (e) of section 1-205,] subsection (c) of section 1-211, 279
[subsection (b) of section 1-212, section 4-5,] subsection (a) of section 10a-280
151b [,] or subsection (b) of section 19a-110, if such business entity or 281
individual previously had a contract with the state or a state agency to 282
provide information system or telecommunication system facilities, 283
equipment or services and such prior contract was finally terminated by 284
the state or a state agency within the previous five years for the reason 285
that such business entity or individual failed to perform or otherwise 286
breached a material obligation of the contract related to information 287
system or telecommunication system facilities, equipment or services. If 288
the termination of any such previous contract is contested in an 289
arbitration or judicial proceeding, the termination shall not be final until 290
the conclusion of such arbitration or judicial proceeding. If the fact-291
finder determines, or a settlement stipulates, that the contractor failed 292
to perform or otherwise breached a material obligation of the contract 293
related to information system or telecommunication system facilities, 294
equipment or services, any award of a contract pursuant to said chapter 295
or sections during the pendency of such arbitration or proceeding shall 296
be rescinded and the bar provided in this section shall apply to such 297
business entity or individual. 298
Sec. 11. Subsection (d) of section 1-210 of the 2024 supplement to the 299
general statutes is repealed and the following is substituted in lieu 300
thereof (Effective October 1, 2024): 301
(d) Whenever a public agency, except the Judicial Department or 302
Legislative Department, receives a request from any person for 303 Raised Bill No. 355
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disclosure of any records described in subdivision (19) of subsection (b) 304
of this section under the Freedom of Information Act, the public agency 305
shall promptly notify the Commissioner of Administrative Services or 306
the Commissioner of Emergency Services and Public Protection, as 307
applicable, of such request, in the manner prescribed by such 308
commissioner, before complying with the request as required by the 309
Freedom of Information Act. If the commissioner, after consultation 310
with the chief executive officer of the applicable agency, believes the 311
requested record is exempt from disclosure pursuant to subdivision (19) 312
of subsection (b) of this section, the commissioner may direct the agency 313
to withhold such record from such person. In any appeal brought under 314
the provisions of section 1-206 of the Freedom of Information Act for 315
denial of access to records for any of the reasons described in 316
subdivision (19) of subsection (b) of this section, such appeal shall be 317
against (1) the chief executive officer of the executive branch state 318
agency or the municipal, district or regional agency that maintains or 319
has custody of the requested record, and (2) the commissioner who 320
issued the directive to the public agency that maintains or has custody 321
of such record to withhold such record pursuant to subdivision (19) of 322
subsection (b) of this section, [exclusively, or,] except in the case of 323
records concerning Judicial Department facilities, such appeal shall be 324
against the Chief Court Administrator [or,] and, in the case of records 325
concerning the Legislative Department, such appeal shall be against the 326
executive director of the Joint Committee on Legislative Management. 327
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2024 1-200
Sec. 2 October 1, 2024 1-218
Sec. 3 October 1, 2024 1-211(b)
Sec. 4 October 1, 2024 1-205(e)
Sec. 5 October 1, 2024 1-210(b)(17)
Sec. 6 October 1, 2024 1-212(g)
Sec. 7 October 1, 2024 1-225(d)
Sec. 8 October 1, 2024 4d-30(1)
Sec. 9 October 1, 2024 4d-47 Raised Bill No. 355
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Sec. 10 October 1, 2024 4d-48
Sec. 11 October 1, 2024 1-210(d)
Statement of Purpose:
To make revisions to the Freedom of Information Act recommended by
the Freedom of Information Commission, including concerning the
application of the definition of "governmental function", which
statutory provisions require training by the commission, the education
records exemption, the definition of "hand-held scanner", electronic
notice of special meetings and appeals for denial of access to certain
public records.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]