OFFICE OF FISCAL ANALYSIS Legislative Office Building, Room 5200 Hartford, CT 06106 (860) 240-0200 http://www.cga.ct.gov/ofa sSB-431 AN ACT CONCERNING FEES FOR COPYING, REVIEWING AND REDACTING RECORDS CREATED BY POLICE BODY -WORN RECORDING EQUIPMENT AND DASHBOARD CAMERAS. Primary Analyst: RP 4/9/24 Contributing Analyst(s): Reviewer: PR OFA Fiscal Note State Impact: Agency Affected Fund-Effect FY 25 $ FY 26 $ Department of Emergency Services and Public Protection GF - Cost 58,000 73,000 State Comptroller - Fringe Benefits 1 GF - Cost 23,000 30,000 Various State Agencies Various - Potential Cost/Potential Revenue Gain See Below See Below Note: GF=General Fund; Various=Various Municipal Impact: Municipalities Effect FY 25 $ FY 26 $ Municipal Police Departments STATE MANDATE 2 - Potential Cost See Below See Below Municipal Police Departments Potential Revenue Gain See Below See Below 1 The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller. The estimated active employee fringe benefit cost associated with most personnel changes is 41.25% of payroll in FY 25. 2 State mandate is defined in Sec. 2-32b(2) of the Connecticut General Statutes, "state mandate" means any state initiated constitutional, statutory or executive action that requires a local government to establish, expand or modify its activities in such a way as to necessitate additional expenditures from local revenues. 2024SB-00431-R000396-FN.DOCX Page 2 of 3 Explanation The bill expands the types of body and dashboard camera recordings that must be redacted prior to disclosure under the Freedom of Information (FOI) Act, and allows public agencies to charge requestors fees for time spent redacting a record, resulting in (1) a cost to the Department of Emergency Services and Public Protection (DESPP) and the State Comptroller, (2) a potential cost to various state agencies and municipal police departments, and (3) a potential revenue gain to the state and municipalities. To meet the bill's redaction requirements, DESPP will need to hire one paralegal specialist for a salary and other expenses cost of $58,000 in FY 25 3 and $73,000 in FY 26, along with associated fringe benefits costs of $23,000 in FY 25 and $30,000 in FY 26. Any state agency with law enforcement units that use body and dashboard cameras will face potential costs to the extent that the agency receives FOI requests for recordings that are subject to the bill's redaction requirements. These potential costs will depend on the number of FOI requests that the agency receives for such recordings, the size of each recording, and the capacity of existing staff to field such requests. Similarly, the potential cost to any given municipal law enforcement unit will depend on the same factors. Some police departments may require additional staff or incur overtime expenses to meet the bill's requirements upon receiving a request. The bill also allows public agencies to charge a fee for redacting body and dashboard camera recordings and sets requirements for calculating the fee, resulting in a potential revenue gain to the state and municipal police departments, depending on how many requests an agency 3 FY 25 costs reflect 9 months of salary due to the bill's October 1, 2024 effective date. 2024SB-00431-R000396-FN.DOCX Page 3 of 3 receives and whether the request is eligible for fees. 4 The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the number of FOI requests an agency receives that are subject to the bill's provisions. Sources: Department of Administrative Services website 4 Generally, an agency may charge a rate up to the hourly salary of the lowest-paid employee qualified to redact the record but may not charge more than $100 per hour of the actual length of time of the requested record. Additionally, an agency may not charge a fee for the first two hours of labor or in some cases, the first four hours, and certain recordings are not subject to fees.