7 | 17 | | |
---|
8 | 18 | | |
---|
9 | 19 | | |
---|
10 | 20 | | AN ACT CONCERNING REVISIONS TO THE FREEDOM OF |
---|
11 | 21 | | INFORMATION ACT CONCERNING THE NONDISCLOSURE OF THE |
---|
12 | 22 | | ADDRESSES OF CERTAIN PUBLIC AGENCY EMPLOYEES. |
---|
13 | 23 | | Be it enacted by the Senate and House of Representatives in General |
---|
14 | 24 | | Assembly convened: |
---|
15 | 25 | | |
---|
16 | 26 | | Section 1. Section 1-217 of the general statutes is repealed and the 1 |
---|
17 | 27 | | following is substituted in lieu thereof (Effective October 1, 2025): 2 |
---|
18 | 28 | | (a) No public agency may disclose, under the Freedom of Information 3 |
---|
19 | 29 | | Act, from its personnel, medical or similar files, the residential address 4 |
---|
20 | 30 | | of any of the following persons: [employed by such public agency:] 5 |
---|
21 | 31 | | (1) A federal court judge, federal court magistrate, judge of the 6 |
---|
22 | 32 | | Superior Court, Appellate Court or Supreme Court of the state, or 7 |
---|
23 | 33 | | family support magistrate; 8 |
---|
24 | 34 | | (2) A sworn member of a municipal police department, a sworn 9 |
---|
25 | 35 | | member of the Division of State Police within the Department of 10 |
---|
26 | 36 | | Emergency Services and Public Protection or a sworn law enforcement 11 |
---|
27 | 37 | | officer within the Department of Energy and Environmental Protection; 12 |
---|
35 | 47 | | (5) An attorney-at-law who is or has been employed by the Division 16 |
---|
36 | 48 | | of Public Defender Services or a social worker who is employed by the 17 |
---|
37 | 49 | | Division of Public Defender Services; 18 |
---|
38 | 50 | | (6) An inspector employed by the Division of Criminal Justice; 19 |
---|
39 | 51 | | (7) A firefighter; 20 |
---|
40 | 52 | | (8) An employee of the Department of Children and Families; 21 |
---|
41 | 53 | | (9) A member or employee of the Board of Pardons and Paroles; 22 |
---|
42 | 54 | | (10) An employee of the judicial branch; 23 |
---|
43 | 55 | | (11) An employee of the Department of Mental Health and Addiction 24 |
---|
44 | 56 | | Services who provides direct care to patients; 25 |
---|
45 | 57 | | (12) A member or employee of the Commission on Human Rights 26 |
---|
46 | 58 | | and Opportunities; [or] 27 |
---|
47 | 59 | | (13) A state marshal appointed by the State Marshal Commission 28 |
---|
48 | 60 | | pursuant to section 6-38b; or 29 |
---|
49 | 61 | | (14) Any other employee of a public agency, except when residency 30 |
---|
50 | 62 | | is a condition or term of such person's employment. 31 |
---|
51 | 63 | | (b) The business address of any person described in this section, and 32 |
---|
52 | 64 | | the address of each town hall, city hall or other municipal building in 33 |
---|
53 | 65 | | which the office of the registrars of voters of a municipality is located, 34 |
---|
54 | 66 | | shall be subject to disclosure under section 1-210. The provisions of this 35 |
---|
55 | 67 | | section shall not apply to Department of Motor Vehicles records 36 |
---|
56 | 68 | | described in section 14-10. 37 |
---|
67 | 81 | | submitted a written request for the nondisclosure of the person's 44 |
---|
68 | 82 | | residential address to the public agency, and (B) furnished his or her 45 |
---|
69 | 83 | | business address to the public agency. 46 |
---|
70 | 84 | | (2) Any public agency that receives a request for a record subject to 47 |
---|
71 | 85 | | disclosure under this chapter where such request (A) specifically names 48 |
---|
72 | 86 | | a person who has requested that his or her address be kept confidential 49 |
---|
73 | 87 | | under subdivision (1) of this subsection, shall make a copy of the record 50 |
---|
74 | 88 | | requested to be disclosed and shall redact the copy to remove such 51 |
---|
75 | 89 | | person's residential address prior to disclosing such record, (B) is for an 52 |
---|
76 | 90 | | existing list that is derived from a readily accessible electronic database, 53 |
---|
77 | 91 | | shall make a reasonable effort to redact the residential address of any 54 |
---|
78 | 92 | | person who has requested that his or her address be kept confidential 55 |
---|
79 | 93 | | under subdivision (1) of this subsection prior to the release of such list, 56 |
---|
80 | 94 | | or (C) is for any list that the public agency voluntarily creates in 57 |
---|
81 | 95 | | response to a request for disclosure, shall make a reasonable effort to 58 |
---|
82 | 96 | | redact the residential address of any person who has requested that his 59 |
---|
83 | 97 | | or her address be kept confidential under subdivision (1) of this 60 |
---|
84 | 98 | | subsection prior to the release of such list. 61 |
---|
85 | 99 | | (3) Except as provided in subsection (a) of this section, an agency shall 62 |
---|
86 | 100 | | not be prohibited from disclosing the residential address of any person 63 |
---|
87 | 101 | | listed in subsection (a) of this section from any record other than the 64 |
---|
88 | 102 | | records described in subparagraphs (A) to (C), inclusive, of subdivision 65 |
---|
89 | 103 | | (2) of this subsection. 66 |
---|
90 | | - | (d) (1) Except as provided in subsections (a), (b) and (e) of this section 67 |
---|
91 | | - | and subject to the provisions of subdivisions (2) and (3) of this 68 |
---|
92 | | - | subsection, no public agency of a municipality may disclose, under the 69 |
---|
93 | | - | Freedom of Information Act, from a public record, including any record 70 |
---|
94 | | - | described in subdivision (2) of subsection (c) of this section, the 71 |
---|
95 | | - | residential address of any person who is a municipal clerk, registrar of 72 |
---|
96 | | - | voters, deputy registrar of voters, election official described in section 9-73 |
---|
97 | | - | 258, primary official described in section 9-436 or audit official described 74 |
---|
98 | | - | in section 9-320f, regardless of whether such person is an employee of 75 |
---|
99 | | - | the public agency, provided such person has (A) submitted to the 76 Substitute Bill No. 6850 |
---|
| 104 | + | (d) (1) Except as provided in subsections (a) and (e) of this section and 67 |
---|
| 105 | + | subject to the provisions of subdivisions (2) and (3) of this subsection, 68 |
---|
| 106 | + | no public agency of a municipality may disclose, under the Freedom of 69 |
---|
| 107 | + | Raised Bill No. 6850 |
---|
104 | | - | municipality a written request for the nondisclosure of the person's 77 |
---|
105 | | - | residential address, and (B) furnished to the municipality (i) his or her 78 |
---|
106 | | - | business address, or (ii) if such person does not have a business address, 79 |
---|
107 | | - | the address of the town hall, city hall or other municipal building in 80 |
---|
108 | | - | which the office of the registrars of voters of such municipality is 81 |
---|
109 | | - | located. 82 |
---|
110 | | - | (2) (A) If a person submits a written request described in subdivision 83 |
---|
111 | | - | (1) of this subsection prior to the ninetieth day preceding an election, the 84 |
---|
112 | | - | prohibition in said subdivision against disclosing such person's 85 |
---|
113 | | - | residential address shall take effect on the ninetieth day preceding such 86 |
---|
114 | | - | election and shall expire on the ninetieth day following such election. 87 |
---|
115 | | - | (B) If a person submits a written request described in subdivision (1) 88 |
---|
116 | | - | of this subsection on or after the ninetieth day preceding an election, the 89 |
---|
117 | | - | prohibition in said subdivision against disclosing such person's 90 |
---|
118 | | - | residential address shall take effect upon such submission and shall 91 |
---|
119 | | - | expire on the ninetieth day following such election. 92 |
---|
120 | | - | (3) The provisions of this subsection shall not be construed to prohibit 93 |
---|
121 | | - | the disclosure of the residential address of any person described in 94 |
---|
122 | | - | subdivision (1) of this subsection in the case where such residential 95 |
---|
123 | | - | address appears on a public record by virtue of such person holding any 96 |
---|
124 | | - | elective or appointive state or municipal office other than municipal 97 |
---|
125 | | - | clerk, registrar of voters or deputy registrar of voters. 98 |
---|
126 | | - | (e) The provisions of this section shall not be construed to prohibit 99 |
---|
127 | | - | the disclosure without redaction of any document, as defined in section 100 |
---|
128 | | - | 7-35bb, any list prepared under title 9, or any list published under 101 |
---|
129 | | - | section 12-55. 102 |
---|
130 | | - | (f) No public agency or public official or employee of a public agency 103 |
---|
131 | | - | shall be penalized for violating a provision of this section, unless such 104 |
---|
132 | | - | violation is wilful and knowing. Any complaint of such a violation shall 105 |
---|
133 | | - | be made to the Freedom of Information Commission. Upon receipt of 106 |
---|
134 | | - | such a complaint, the commission shall serve upon the public agency, 107 |
---|
135 | | - | official or employee, as the case may be, by certified or registered mail, 108 Substitute Bill No. 6850 |
---|
| 111 | + | LCO No. 3960 4 of 6 |
---|
| 112 | + | |
---|
| 113 | + | Information Act, from a public record, including any record described 70 |
---|
| 114 | + | in subdivision (2) of subsection (c) of this section, the residential address 71 |
---|
| 115 | + | of any person who is a municipal clerk, registrar of voters, deputy 72 |
---|
| 116 | + | registrar of voters, election official described in section 9-258, primary 73 |
---|
| 117 | + | official described in section 9-436 or audit official described in section 9-74 |
---|
| 118 | + | 320f, regardless of whether such person is an employee of the public 75 |
---|
| 119 | + | agency, provided such person has (A) submitted to the municipality a 76 |
---|
| 120 | + | written request for the nondisclosure of the person's residential address, 77 |
---|
| 121 | + | and (B) furnished to the municipality (i) his or her business address, or 78 |
---|
| 122 | + | (ii) if such person does not have a business address, the address of the 79 |
---|
| 123 | + | town hall, city hall or other municipal building in which the office of the 80 |
---|
| 124 | + | registrars of voters of such municipality is located. 81 |
---|
| 125 | + | (2) (A) If a person submits a written request described in subdivision 82 |
---|
| 126 | + | (1) of this subsection prior to the ninetieth day preceding an election, the 83 |
---|
| 127 | + | prohibition in said subdivision against disclosing such person's 84 |
---|
| 128 | + | residential address shall take effect on the ninetieth day preceding such 85 |
---|
| 129 | + | election and shall expire on the ninetieth day following such election. 86 |
---|
| 130 | + | (B) If a person submits a written request described in subdivision (1) 87 |
---|
| 131 | + | of this subsection on or after the ninetieth day preceding an election, the 88 |
---|
| 132 | + | prohibition in said subdivision against disclosing such person's 89 |
---|
| 133 | + | residential address shall take effect upon such submission and shall 90 |
---|
| 134 | + | expire on the ninetieth day following such election. 91 |
---|
| 135 | + | (3) The provisions of this subsection shall not be construed to prohibit 92 |
---|
| 136 | + | the disclosure of the residential address of any person described in 93 |
---|
| 137 | + | subdivision (1) of this subsection in the case where such residential 94 |
---|
| 138 | + | address appears on a public record by virtue of such person holding any 95 |
---|
| 139 | + | elective or appointive state or municipal office other than municipal 96 |
---|
| 140 | + | clerk, registrar of voters or deputy registrar of voters. 97 |
---|
| 141 | + | (e) The provisions of this section shall not be construed to prohibit 98 |
---|
| 142 | + | the disclosure without redaction of any document, as defined in section 99 |
---|
| 143 | + | 7-35bb, any list prepared under title 9, or any list published under 100 |
---|
| 144 | + | Raised Bill No. 6850 |
---|
140 | | - | a copy of the complaint. The commission shall provide the public 109 |
---|
141 | | - | agency, official or employee with an opportunity to be heard at a 110 |
---|
142 | | - | hearing conducted in accordance with the provisions of chapter 54, 111 |
---|
143 | | - | unless the commission, upon motion of the public agency, official or 112 |
---|
144 | | - | employee or upon motion of the commission, dismisses the complaint 113 |
---|
145 | | - | without a hearing if it finds, after examining the complaint and 114 |
---|
146 | | - | construing all allegations most favorably to the complainant, that the 115 |
---|
147 | | - | public agency, official or employee has not wilfully and knowingly 116 |
---|
148 | | - | violated a provision of this section. If the commission finds that the 117 |
---|
149 | | - | public agency, official or employee wilfully and knowingly violated a 118 |
---|
150 | | - | provision of this section, the commission may impose against such 119 |
---|
151 | | - | public agency, official or employee a civil penalty of not less than twenty 120 |
---|
152 | | - | dollars nor more than one thousand dollars. Nothing in this section shall 121 |
---|
153 | | - | be construed to allow a private right of action against a public agency, 122 |
---|
154 | | - | public official or employee of a public agency. 123 |
---|
| 148 | + | LCO No. 3960 5 of 6 |
---|
| 149 | + | |
---|
| 150 | + | section 12-55. 101 |
---|
| 151 | + | (f) No public agency or public official or employee of a public agency 102 |
---|
| 152 | + | shall be penalized for violating a provision of this section, unless such 103 |
---|
| 153 | + | violation is wilful and knowing. Any complaint of such a violation shall 104 |
---|
| 154 | + | be made to the Freedom of Information Commission. Upon receipt of 105 |
---|
| 155 | + | such a complaint, the commission shall serve upon the public agency, 106 |
---|
| 156 | + | official or employee, as the case may be, by certified or registered mail, 107 |
---|
| 157 | + | a copy of the complaint. The commission shall provide the public 108 |
---|
| 158 | + | agency, official or employee with an opportunity to be heard at a 109 |
---|
| 159 | + | hearing conducted in accordance with the provisions of chapter 54, 110 |
---|
| 160 | + | unless the commission, upon motion of the public agency, official or 111 |
---|
| 161 | + | employee or upon motion of the commission, dismisses the complaint 112 |
---|
| 162 | + | without a hearing if it finds, after examining the complaint and 113 |
---|
| 163 | + | construing all allegations most favorably to the complainant, that the 114 |
---|
| 164 | + | public agency, official or employee has not wilfully and knowingly 115 |
---|
| 165 | + | violated a provision of this section. If the commission finds that the 116 |
---|
| 166 | + | public agency, official or employee wilfully and knowingly violated a 117 |
---|
| 167 | + | provision of this section, the commission may impose against such 118 |
---|
| 168 | + | public agency, official or employee a civil penalty of not less than twenty 119 |
---|
| 169 | + | dollars nor more than one thousand dollars. Nothing in this section shall 120 |
---|
| 170 | + | be construed to allow a private right of action against a public agency, 121 |
---|
| 171 | + | public official or employee of a public agency. 122 |
---|