Connecticut 2024 Regular Session

Connecticut Senate Bill SB00355 Compare Versions

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55 General Assembly Raised Bill No. 355
66 February Session, 2024
77 LCO No. 1535
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10-Referred to Committee on GOVERNMENT
11-ADMINISTRATION AND ELECTIONS
10+Referred to Committee on GOVERNMENT ADMINISTRATION
11+AND ELECTIONS
1212
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1414 Introduced by:
1515 (GAE)
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1920 AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
2021 FREEDOM OF INFORMATION COMMISSION FOR REVISIONS TO THE
2122 FREEDOM OF INFORMATION ACT.
2223 Be it enacted by the Senate and House of Representatives in General
2324 Assembly convened:
2425
2526 Section 1. Section 1-200 of the general statutes is repealed and the 1
2627 following is substituted in lieu thereof (Effective October 1, 2024): 2
2728 As used in this chapter, the following words and phrases have the 3
2829 following meanings, except where such terms are used in a context 4
2930 which clearly indicates the contrary: 5
3031 (1) "Public agency" or "agency" means: 6
3132 (A) Any executive, administrative or legislative office of the state or 7
3233 any political subdivision of the state and any state or town agency, any 8
3334 department, institution, bureau, board, commission, authority or official 9
3435 of the state or of any city, town, borough, municipal corporation, school 10
3536 district, regional district or other district or other political subdivision of 11
36-the state, including any committee of, or created by, any such office, 12 Bill No. 355
37+the state, including any committee of, or created by, any such office, 12 Raised Bill No. 355
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4143 subdivision, agency, department, institution, bureau, board, 13
4244 commission, authority or official, and also includes any judicial office, 14
4345 official, or body or committee thereof but only with respect to its or their 15
4446 administrative functions, and for purposes of this subparagraph, 16
4547 "judicial office" includes, but is not limited to, the Division of Public 17
4648 Defender Services; 18
4749 (B) Any person to the extent such person is deemed to be the 19
4850 functional equivalent of a public agency pursuant to law; or 20
4951 (C) Any "implementing agency", as defined in section 32-222. 21
5052 (2) "Meeting" means any hearing or other proceeding of a public 22
5153 agency, any convening or assembly of a quorum of a multimember 23
5254 public agency, and any communication by or to a quorum of a 24
5355 multimember public agency, whether in person or by means of 25
5456 electronic equipment, to discuss or act upon a matter over which the 26
5557 public agency has supervision, control, jurisdiction or advisory power. 27
5658 "Meeting" does not include: Any meeting of a personnel search 28
5759 committee for executive level employment candidates; any chance 29
5860 meeting, or a social meeting neither planned nor intended for the 30
5961 purpose of discussing matters relating to official business; strategy or 31
6062 negotiations with respect to collective bargaining; a caucus of members 32
6163 of a single political party notwithstanding that such members also 33
6264 constitute a quorum of a public agency; an administrative or staff 34
6365 meeting of a single-member public agency; and communication limited 35
6466 to notice of meetings of any public agency or the agendas thereof. A 36
6567 quorum of the members of a public agency who are present at any event 37
6668 which has been noticed and conducted as a meeting of another public 38
6769 agency under the provisions of the Freedom of Information Act shall not 39
6870 be deemed to be holding a meeting of the public agency of which they 40
6971 are members as a result of their presence at such event. 41
7072 (3) "Caucus" means (A) a convening or assembly of the enrolled 42
7173 members of a single political party who are members of a public agency 43
72-within the state or a political subdivision, or (B) the members of a 44 Bill No. 355
74+within the state or a political subdivision, or (B) the members of a 44 Raised Bill No. 355
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7780 multimember public agency, which members constitute a majority of 45
7881 the membership of the agency, or the other members of the agency who 46
7982 constitute a minority of the membership of the agency, who register 47
8083 their intention to be considered a majority caucus or minority caucus, as 48
8184 the case may be, for the purposes of the Freedom of Information Act, 49
8285 provided (i) the registration is made with the office of the Secretary of 50
8386 the State for any such public agency of the state, in the office of the clerk 51
8487 of a political subdivision of the state for any public agency of a political 52
8588 subdivision of the state, or in the office of the clerk of each municipal 53
8689 member of any multitown district or agency, (ii) no member is 54
8790 registered in more than one caucus at any one time, (iii) no such 55
8891 member's registration is rescinded during the member's remaining term 56
8992 of office, and (iv) a member may remain a registered member of the 57
9093 majority caucus or minority caucus regardless of whether the member 58
9194 changes his or her party affiliation under chapter 143. 59
9295 (4) "Person" means natural person, partnership, corporation, limited 60
9396 liability company, association or society. 61
9497 (5) "Public records or files" means any recorded data or information 62
9598 relating to the conduct of the public's business prepared, owned, used, 63
9699 received or retained by a public agency, or to which a public agency is 64
97100 entitled to receive a copy by law or contract under section 1-218, as 65
98101 amended by this act, whether such data or information be handwritten, 66
99102 typed, tape-recorded, videotaped, printed, photostated, photographed 67
100103 or recorded by any other method. 68
101104 (6) "Executive sessions" means a meeting of a public agency at which 69
102105 the public is excluded for one or more of the following purposes: (A) 70
103106 Discussion concerning the appointment, employment, performance, 71
104107 evaluation, health or dismissal of a public officer or employee, provided 72
105108 that such individual may require that discussion be held at an open 73
106109 meeting; (B) strategy and negotiations with respect to pending claims or 74
107110 pending litigation to which the public agency or a member thereof, 75
108111 because of the member's conduct as a member of such agency, is a party 76
109-until such litigation or claim has been finally adjudicated or otherwise 77 Bill No. 355
112+until such litigation or claim has been finally adjudicated or otherwise 77 Raised Bill No. 355
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114118 settled; (C) matters concerning security strategy or the deployment of 78
115119 security personnel, or devices affecting public security; (D) discussion 79
116120 of the selection of a site or the lease, sale or purchase of real estate by the 80
117121 state or a political subdivision of the state when publicity regarding such 81
118122 site, lease, sale, purchase or construction would adversely impact the 82
119123 price of such site, lease, sale, purchase or construction until such time as 83
120124 all of the property has been acquired or all proceedings or transactions 84
121125 concerning same have been terminated or abandoned; and (E) 85
122126 discussion of any matter which would result in the disclosure of public 86
123127 records or the information contained therein described in subsection (b) 87
124128 of section 1-210, as amended by this act. 88
125129 (7) "Personnel search committee" means a body appointed by a public 89
126130 agency, whose sole purpose is to recommend to the appointing agency 90
127131 a candidate or candidates for an executive-level employment position. 91
128132 Members of a "personnel search committee" shall not be considered in 92
129133 determining whether there is a quorum of the appointing or any other 93
130134 public agency. 94
131135 (8) "Pending claim" means a written notice to an agency which sets 95
132136 forth a demand for legal relief or which asserts a legal right stating the 96
133137 intention to institute an action in an appropriate forum if such relief or 97
134138 right is not granted. 98
135139 (9) "Pending litigation" means (A) a written notice to an agency which 99
136140 sets forth a demand for legal relief or which asserts a legal right stating 100
137141 the intention to institute an action before a court if such relief or right is 101
138142 not granted by the agency; (B) the service of a complaint against an 102
139143 agency returnable to a court which seeks to enforce or implement legal 103
140144 relief or a legal right; or (C) the agency's consideration of action to 104
141145 enforce or implement legal relief or a legal right. 105
142146 (10) "Freedom of Information Act" means this chapter. 106
143147 [(11) "Governmental function" means the administration or 107
144148 management of a program of a public agency, which program has been 108
145-authorized by law to be administered or managed by a person, where 109 Bill No. 355
149+authorized by law to be administered or managed by a person, where 109 Raised Bill No. 355
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150155 (A) the person receives funding from the pub lic agency for 110
151156 administering or managing the program, (B) the public agency is 111
152157 involved in or regulates to a significant extent such person's 112
153158 administration or management of the program, whether or not such 113
154159 involvement or regulation is direct, pervasive, continuous or day-to-114
155160 day, and (C) the person participates in the formulation of governmental 115
156161 policies or decisions in connection with the administration or 116
157162 management of the program and such policies or decisions bind the 117
158163 public agency. "Governmental function" shall not include the mere 118
159164 provision of goods or services to a public agency without the delegated 119
160165 responsibility to administer or manage a program of a public agency.] 120
161166 [(12)] (11) "Electronic equipment" means any technology that 121
162167 facilitates real-time public access to meetings, including, but not limited 122
163168 to, telephonic, video or other conferencing platforms. 123
164169 [(13)] (12) "Electronic transmission" means any form or process of 124
165170 communication not directly involving the physical transfer of paper or 125
166171 another tangible medium, which (A) is capable of being retained, 126
167172 retrieved and reproduced by the recipient, and (B) is retrievable in paper 127
168173 form by the recipient. 128
169174 Sec. 2. Section 1-218 of the general statutes is repealed and the 129
170175 following is substituted in lieu thereof (Effective October 1, 2024): 130
171176 (a) For purposes of this section, "governmental function" means the 131
172177 administration or management of a program of a public agency, which 132
173178 program has been authorized by law to be administered or managed by 133
174179 a person, where (1) the person receives funding from the public agency 134
175180 for administering or managing the program, (2) the public agency is 135
176181 involved in or regulates to a significant extent such person's 136
177182 administration or management of the program, whether or not such 137
178183 involvement or regulation is direct, pervasive, continuous or day-to-138
179184 day, and (3) the person participates in the formulation of governmental 139
180185 policies or decisions in connection with the administration or 140
181-management of the program and such policies or decisions bind the 141 Bill No. 355
186+management of the program and such policies or decisions bind the 141 Raised Bill No. 355
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186192 public agency. "Governmental function" does not include the mere 142
187193 provision of goods or services to a public agency without the delegated 143
188194 responsibility to administer or manage a program of a public agency. 144
189195 (b) Each contract in excess of two million five hundred thousand 145
190196 dollars between a public agency and a person for the performance of a 146
191197 governmental function shall (1) provide that the public agency is 147
192198 entitled to receive a copy of records and files related to the performance 148
193199 of the governmental function, and (2) indicate that such records and files 149
194200 are subject to the Freedom of Information Act and may be disclosed by 150
195201 the public agency pursuant to the Freedom of Information Act. No 151
196202 request to inspect or copy such records or files shall be valid unless the 152
197203 request is made to the public agency in accordance with the Freedom of 153
198204 Information Act. Any complaint by a person who is denied the right to 154
199205 inspect or copy such records or files shall be brought to the Freedom of 155
200206 Information Commission in accordance with the provisions of sections 156
201207 1-205, as amended by this act, and 1-206. 157
202208 Sec. 3. Subsection (b) of section 1-211 of the general statutes is 158
203209 repealed and the following is substituted in lieu thereof (Effective October 159
204210 1, 2024): 160
205211 (b) Except as otherwise provided by state statute, no public agency 161
206212 shall enter into a contract with, or otherwise obligate itself to, any person 162
207213 if such contract or obligation impairs the right of the public under the 163
208214 Freedom of Information Act to inspect or copy the agency's nonexempt 164
209215 public records existing on-line in, or stored on a device or medium used 165
210216 in connection with, a computer system owned, leased or otherwise used 166
211217 by the agency. [in the course of its governmental functions.] 167
212218 Sec. 4. Subsection (e) of section 1-205 of the general statutes is 168
213219 repealed and the following is substituted in lieu thereof (Effective October 169
214220 1, 2024): 170
215221 (e) The Freedom of Information Commission shall conduct training 171
216222 sessions, at least annually, for members of public agencies for the 172
217-purpose of educating such members as to the requirements of this 173 Bill No. 355
223+purpose of educating such members as to the requirements of this 173 Raised Bill No. 355
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222229 section and sections [1-7 to 1-14, inclusive, 1-16 to 1-18, inclusive,] 1-200 174
223230 to 1-202, inclusive, as amended by this act, [1-205,] 1-205a, 1-206, 1-210 175
224231 to [1-217] 1-219, inclusive, as amended by this act, 1-225 to 1-232, 176
225-inclusive, as amended by this act, and 1-240 [, 1-241 and 19a-342] to 1-177
226-242, inclusive. 178
232+inclusive, as amended by this act, and 1-240 to 1-242, inclusive. [, 1-241 177
233+and 19a-342.] 178
227234 Sec. 5. Subdivision (17) of subsection (b) of section 1-210 of the 2024 179
228235 supplement to the general statutes is repealed and the following is 180
229236 substituted in lieu thereof (Effective October 1, 2024): 181
230237 (17) [Educational] Education records which are not subject to 182
231238 disclosure under the Family Educational Rights and Privacy Act, 20 183
232239 USC 1232g; 184
233240 Sec. 6. Subsection (g) of section 1-212 of the general statutes is 185
234241 repealed and the following is substituted in lieu thereof (Effective October 186
235242 1, 2024): 187
236243 (g) Any individual may copy a public record through the use of a 188
237244 hand-held scanner. A public agency may establish a fee structure not to 189
238245 exceed twenty dollars for an individual to pay each time the individual 190
239246 copies records at the agency with a hand-held scanner. As used in this 191
240247 section, "hand-held scanner" means a battery operated electronic 192
241248 scanning device the use of which (1) leaves no mark or impression on 193
242249 the public record, and (2) does not unreasonably interfere with the 194
243250 operation of the public agency. "Hand-held scanner" includes, but is not 195
244251 limited to, a mobile telephone, camera or any other portable device 196
245252 capable of capturing an image of a public record. 197
246253 Sec. 7. Subsection (d) of section 1-225 of the general statutes is 198
247254 repealed and the following is substituted in lieu thereof (Effective October 199
248255 1, 2024): 200
249256 (d) Notice of each special meeting of every public agency, except for 201
250257 the General Assembly, either house thereof or any committee thereof, 202
251258 shall be posted not less than twenty-four hours before the meeting to 203
252-which such notice refers on the public agency's Internet web site, if 204 Bill No. 355
259+which such notice refers on the public agency's Internet web site, if 204 Raised Bill No. 355
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257265 available, and given not less than twenty-four hours prior to the time of 205
258266 such meeting by filing a notice of the time and place thereof in the office 206
259267 of the Secretary of the State for any such public agency of the state, in 207
260268 the office of the clerk of such subdivision for any public agency of a 208
261269 political subdivision of the state and in the office of the clerk of each 209
262270 municipal member for any multitown district or agency. The secretary 210
263271 or clerk shall cause any notice received under this section to be posted 211
264272 in his or her office, and in the case of a notice of a public agency of the 212
265273 state filed with the secretary, on the Secretary of the State's Internet web 213
266274 site. Such notice shall be given not less than twenty-four hours prior to 214
267275 the time of the special meeting; provided, in case of emergency, except 215
268276 for the General Assembly, either house thereof or any committee 216
269277 thereof, any such special meeting may be held without complying with 217
270278 the foregoing requirement for the filing of notice but a copy of the 218
271279 minutes of every such emergency special meeting adequately setting 219
272280 forth the nature of the emergency and the proceedings occurring at such 220
273281 meeting shall be filed with the Secretary of the State, the clerk of such 221
274282 political subdivision, or the clerk of each municipal member of such 222
275283 multitown district or agency, as the case may be, not later than seventy-223
276284 two hours following the holding of such meeting. The notice shall 224
277285 specify the time and place of the special meeting and the business to be 225
278286 transacted. No other business shall be considered at such meetings by 226
279287 such public agency. In addition, such written notice shall be delivered 227
280288 by electronic transmission or by mail to the usual place of abode of each 228
281289 member of the public agency so that the same is received prior to such 229
282290 special meeting. The requirement of delivery of such written notice may 230
283291 be dispensed with as to any member who at or prior to the time the 231
284292 meeting convenes files with the clerk or secretary of the public agency a 232
285293 written waiver of delivery of such notice. Such waiver may be given by 233
286294 [telegram] electronic transmission or by mail. The requirement of 234
287295 delivery of such written notice may also be dispensed with as to any 235
288296 member who is actually present at the meeting at the time it convenes. 236
289297 Nothing in this section shall be construed to prohibit any agency from 237
290-adopting more stringent notice requirements. 238 Bill No. 355
298+adopting more stringent notice requirements. 238 Raised Bill No. 355
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295304 Sec. 8. Subdivision (1) of section 4d-30 of the 2024 supplement to the 239
296305 general statutes is repealed and the following is substituted in lieu 240
297306 thereof (Effective October 1, 2024): 241
298307 (1) "Contract" means a contract for state agency information system 242
299308 or telecommunication system facilities, equipment or services, which is 243
300309 awarded pursuant to this chapter or [subsection (e) of section 1-205,] 244
301310 subsection (c) of section 1-211, [subsection (b) of section 1-212, section 4-245
302311 5,] subsection (a) of section 10a-151b [,] or subsection (b) of section 19a-246
303312 110. 247
304313 Sec. 9. Section 4d-47 of the 2024 supplement to the general statutes is 248
305314 repealed and the following is substituted in lieu thereof (Effective October 249
306315 1, 2024): 250
307316 With respect to any state employee whose position is eliminated or 251
308317 who is laid off as a result of any contract or amendment to a contract 252
309318 which is subject to the provisions of this chapter and [subsection (e) of 253
310319 section 1-205,] subsection (c) of section 1-211, [subsection (b) of section 254
311320 1-212, section 4-5,] section 4a-50 [,] or 4a-51, subsection (b) of section 4a-255
312321 57, subsection (a) of section 10a-151b [,] or subsection (b) of section 19a-256
313322 110, or any subcontract for work under such contract or amendment, (1) 257
314323 the contractor shall hire the employee, upon application by the 258
315324 employee, unless the employee is hired by a subcontractor of the 259
316325 contractor, or (2) the employee may transfer to any vacant position in 260
317326 state service for which such employee is qualified, to the extent allowed 261
318327 under the provisions of existing collectively bargained agreements and 262
319328 the general statutes. If the contractor or any such subcontractor hires any 263
320329 such state employee and does not provide the employee with fringe 264
321330 benefits which are equivalent to, or greater than, the fringe benefits that 265
322331 the employee would have received in state service, the state shall, for 266
323332 two years after the employee terminates from state service, provide to 267
324333 the employee either (A) the same benefits that such employee received 268
325334 from the state, or (B) compensation in an amount which represents the 269
326335 difference in the value of the fringe benefits that such employee received 270
327-when in state service and the fringe benefits that such employee receives 271 Bill No. 355
336+when in state service and the fringe benefits that such employee receives 271 Raised Bill No. 355
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332342 from the contractor or subcontractor. 272
333343 Sec. 10. Section 4d-48 of the 2024 supplement to the general statutes 273
334344 is repealed and the following is substituted in lieu thereof (Effective 274
335345 October 1, 2024): 275
336346 No contract or subcontract for state agency information system or 276
337347 telecommunication system facilities, equipment or services may be 277
338348 awarded to any business entity or individual pursuant to this chapter or 278
339349 [subsection (e) of section 1-205,] subsection (c) of section 1-211, 279
340350 [subsection (b) of section 1-212, section 4-5,] subsection (a) of section 10a-280
341351 151b [,] or subsection (b) of section 19a-110, if such business entity or 281
342352 individual previously had a contract with the state or a state agency to 282
343353 provide information system or telecommunication system facilities, 283
344354 equipment or services and such prior contract was finally terminated by 284
345355 the state or a state agency within the previous five years for the reason 285
346356 that such business entity or individual failed to perform or otherwise 286
347357 breached a material obligation of the contract related to information 287
348358 system or telecommunication system facilities, equipment or services. If 288
349359 the termination of any such previous contract is contested in an 289
350360 arbitration or judicial proceeding, the termination shall not be final until 290
351361 the conclusion of such arbitration or judicial proceeding. If the fact-291
352362 finder determines, or a settlement stipulates, that the contractor failed 292
353363 to perform or otherwise breached a material obligation of the contract 293
354364 related to information system or telecommunication system facilities, 294
355365 equipment or services, any award of a contract pursuant to said chapter 295
356366 or sections during the pendency of such arbitration or proceeding shall 296
357367 be rescinded and the bar provided in this section shall apply to such 297
358368 business entity or individual. 298
359369 Sec. 11. Subsection (d) of section 1-210 of the 2024 supplement to the 299
360370 general statutes is repealed and the following is substituted in lieu 300
361371 thereof (Effective October 1, 2024): 301
362372 (d) Whenever a public agency, except the Judicial Department or 302
363-Legislative Department, receives a request from any person for 303 Bill No. 355
373+Legislative Department, receives a request from any person for 303 Raised Bill No. 355
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368379 disclosure of any records described in subdivision (19) of subsection (b) 304
369380 of this section under the Freedom of Information Act, the public agency 305
370381 shall promptly notify the Commissioner of Administrative Services or 306
371382 the Commissioner of Emergency Services and Public Protection, as 307
372383 applicable, of such request, in the manner prescribed by such 308
373384 commissioner, before complying with the request as required by the 309
374385 Freedom of Information Act. If the commissioner, after consultation 310
375386 with the chief executive officer of the applicable agency, believes the 311
376387 requested record is exempt from disclosure pursuant to subdivision (19) 312
377388 of subsection (b) of this section, the commissioner may direct the agency 313
378389 to withhold such record from such person. In any appeal brought under 314
379390 the provisions of section 1-206 of the Freedom of Information Act for 315
380391 denial of access to records for any of the reasons described in 316
381392 subdivision (19) of subsection (b) of this section, such appeal shall be 317
382393 against (1) the chief executive officer of the executive branch state 318
383394 agency or the municipal, district or regional agency that maintains or 319
384395 has custody of the requested record, and (2) the commissioner who 320
385396 issued the directive to the public agency that maintains or has custody 321
386397 of such record to withhold such record pursuant to subdivision (19) of 322
387398 subsection (b) of this section, [exclusively, or,] except in the case of 323
388399 records concerning Judicial Department facilities, such appeal shall be 324
389-against the Chief Court Administrator [or] and, in the case of records 325
400+against the Chief Court Administrator [or,] and, in the case of records 325
390401 concerning the Legislative Department, such appeal shall be against the 326
391402 executive director of the Joint Committee on Legislative Management. 327
392403 This act shall take effect as follows and shall amend the following
393404 sections:
394405
395406 Section 1 October 1, 2024 1-200
396407 Sec. 2 October 1, 2024 1-218
397408 Sec. 3 October 1, 2024 1-211(b)
398409 Sec. 4 October 1, 2024 1-205(e)
399410 Sec. 5 October 1, 2024 1-210(b)(17)
400411 Sec. 6 October 1, 2024 1-212(g)
401412 Sec. 7 October 1, 2024 1-225(d)
402413 Sec. 8 October 1, 2024 4d-30(1)
403-Sec. 9 October 1, 2024 4d-47 Bill No. 355
414+Sec. 9 October 1, 2024 4d-47 Raised Bill No. 355
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408420 Sec. 10 October 1, 2024 4d-48
409421 Sec. 11 October 1, 2024 1-210(d)
410422
411-GAE Joint Favorable
423+Statement of Purpose:
424+To make revisions to the Freedom of Information Act recommended by
425+the Freedom of Information Commission, including concerning the
426+application of the definition of "governmental function", which
427+statutory provisions require training by the commission, the education
428+records exemption, the definition of "hand-held scanner", electronic
429+notice of special meetings and appeals for denial of access to certain
430+public records.
431+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
432+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
433+underlined.]
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