Researcher: LRH Page 1 4/11/24 OLR Bill Analysis SB 394 AN ACT ESTABLISHING AN EXEMPTION FROM DISCLOSURE FOR CERTAIN HIGHER EDUCATION RECORDS PERTAINING TO TEACHING OR RESEARCH UNDER THE FREEDOM OF INFORMATION ACT. SUMMARY This bill exempts from disclosure under the Freedom of Information Act (FOIA) records maintained or kept on file by or for public higher education institution faculty or staff arising out of teaching or research on medical, artistic, scientific, legal, or other scholarly issues, including legal clinic or center records. However, it also explicitly excludes the institutions’ financial records from the exemption. EFFECTIVE DATE: July 1, 2024 BACKGROUND Related Bills sSB 234, favorably reported by the Public Safety and Security Committee, among other things expands the FOIA disclosure exemption for law enforcement agency records created in detecting or investigating crime that are not otherwise available to the public when disclosure would not be in the public interest, to include (1) the identity of mandated reporters not otherwise known and (2) sworn witness statements. SB 436, favorably reported by the Government Administration and Elections Committee, generally expands the FOIA limitation on home address disclosure to include all public agency employees, rather than just specified groups of employees and individuals. It also broadens the limitation to apply to an agency’s personnel, medical, or similar files for any covered individual (rather than applying only to those records for an agency’s own employees). 2024SB-00394-R000432-BA.DOCX Researcher: LRH Page 2 4/11/24 sHB 5410, favorably reported by the Government Administration and Elections Committee, exempts from disclosure under FOIA (1) public agency records on investigations into the agency’s employee’s alleged sexual harassment or discriminatory practice, including the name of anyone providing information about it, and (2) Department of Emergency Services and Public Protection records in the registry of state residents with cognitive challenges to help recover missing or wandering persons (i.e., the Bring Me Back Home registry). sHB 5447, favorably reported by the Government Administration and Elections Committee, adds Office of the Attorney General (OAG) employees to the list of individuals covered by the FOIA’s limitation on disclosing home addresses and allows OAG employees to request address confidentiality from other public agencies. COMMITTEE ACTION Government Administration and Elections Committee Joint Favorable Yea 13 Nay 6 (03/26/2024)