SB 436 — AN ACT CONCERNING REVISIONS TO THE FREEDOM OF INFORMATION ACT CONCERNING THE NONDISCLOSURE OF THE ADDRESSES OF CERTAIN PUBLIC AGENCY EMPLOYEES.
Last action — FILE NO. 471
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
147 added · 9 removed147 line(s) added, 9 removed.
Senate General Assembly SubstituteFile Bill No.
436471 February Session, 2024 ANSubstitute ACTSenate CONCERNINGBill REVISIONSNo. TO THE FREEDOM OF INFORMATION ACT CONCERNING THE NONDISCLOSURE OF THE ADDRESSES OF CERTAIN PUBLIC AGENCY EMPLOYEES.
436 Senate, April 15, 2024 The Committee on Government Administration and Elections reported through SEN.
FLEXER of the 29th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING REVISIONS TO THE FREEDOM OF INFORMATION ACT CONCERNING THE NONDISCLOSURE OF THE ADDRESSES OF CERTAIN PUBLIC AGENCY EMPLOYEES.
(2) A sworn member of a municipal police department, a sworn member of the Division of State Police within the Department of Emergency Services and Public Protection or a sworn law enforcement officersSB436 within/ theFile DepartmentNo. of Energy and Environmental Protection;
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471 officer within the Department of Energy and Environmental Protection;
LCO(5) 1An attorney-at-law who is or has been employed by the Division of 4Public SubstituteDefender BillServices No.or a social worker who is employed by the Division of Public Defender Services;
436 (5) An attorney-at-law who is or has been employed by the Division of Public Defender Services or a social worker who is employed by the Division of Public Defender Services;
(c)(1)Except asprovidedinsubsections(a),(b)and(d)ofthissection, no public agency may disclose the residential address of any person listedsSB436 in/ subsectionFile (a) of this section from any record described in subdivision (2) of this subsection that is requested in accordance with the provisions of said subdivision, regardless of whether such person is an employee of the public agency, provided such person has (A) submitted a written request for the nondisclosure of the person's residential address to the public agency, and (B) furnished his or her LCO 2 of 4 Substitute Bill No.
436471 business2 addresssSB436 toFile theNo. public agency.
471 listed in subsection (a) of this section from any record described in subdivision (2) of this subsection that is requested in accordance with the provisions of said subdivision, regardless of whether such person is an employee of the public agency, provided such person has (A) submitted a written request for the nondisclosure of the person's residential address to the public agency, and (B) furnished his or her business address to the public agency.
(e) No public agency or public official or employee of a public agency shall be penalized for violating a provision of this section, unless such violationsSB436 is/ wilfulFile andNo. knowing.
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471 violation is wilful and knowing.
The commission shall provide the public LCOagency, 3official or employee with an opportunity to be heard at a hearing conducted in accordance with the provisions of 4chapter Substitute54, Billunless No.the commission, upon motion of the public agency, official or employee or upon motion of the commission, dismisses the complaint without a hearing if it finds, after examining the complaint and construing all allegations most favorably to the complainant, that the public agency, official or employee has not wilfully and knowingly violated a provision of this section.
436 agency, official or employee with an opportunity to be heard at a hearing conducted in accordance with the provisions of chapter 54, unless the commission, upon motion of the public agency, official or employee or upon motion of the commission, dismisses the complaint without a hearing if it finds, after examining the complaint and construing all allegations most favorably to the complainant, that the public agency, official or employee has not wilfully and knowingly violated a provision of this section.
-LCO LCOsSB436 4/ ofFile 4No.
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471 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
None Municipal Impact:
None Explanation The bill expands existing restrictions within the Freedom of Information Act for home address disclosure to all state employees and results in no fiscal impact to the state or municipalities.
The Out Years State Impact:
None Municipal Impact:
None sSB436 / File No.
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471 OLR Bill Analysis sSB 436 AN ACT CONCERNING REVISIONS TO THE FREEDOM OF INFORMATION ACT CONCERNING THE NONDISCLOSURE OF THE ADDRESSES OF CERTAIN PUBLIC AGENCY EMPLOYEES.
SUMMARY This bill expands the Freedom of Information Act’s (FOIA) limitation on home address disclosure to include all public agency employees, rather than just specified groups of employees and individuals (e.g., certain judges and police officers;
see BACKGROUND).
The limitation doesnotapplytothenewlyaddedpublicagencyemployeesifresidency is a term or condition of their employment.
As under existing law, the bill’s limitation applies to residential addresses in an agency’s personnel, medical, or similar files.
However, the bill also broadens the limitation to apply to an agency’s personnel, medical, or similar files for any covered individual.
Under current law, it applies only to those records for an agency’s own employees.
Additionally, the bill extends to all public agency employees provisions in existing law that allow covered individuals to also request address confidentiality for other types of records.
EFFECTIVE DATE:
October 1, 2024 ADDRESS CONFIDENTIALITY Requesting Confidentiality in Other Records In adding all public agency employees to FOIA’s list of covered individuals, the bill allows these employees to request address confidentiality from other public agencies (and from their own agencies for records besides personnel, medical, or similar files).
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To do so, the sSB436 / File No.
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471 employees must follow existing law’s procedures for other covered individuals, including submitting a written request with his or her business address to the agency.
Under the bill, if an agency receives an FOIA request for a record besides a personnel, medical, or similar file, and the request concerns a covered employee who requests address confidentiality, then the agency must redact the employee’s home address only from records provided in response to a request that specifically names the covered individual.
Additionally, the agency must make reasonable efforts to redact their addresses before releasing (1) an existing list derived from a readily accessible electronic database and (2) any list that the agency voluntarily creates in response to a request for disclosure.
The law allows disclosure of a covered individual’s residential address in any other type of record (other than personnel, medical, or similar files, as described above, as address confidentiality for these files is automatic under the bill).
As under existing law for other covered individuals, the disclosure prohibition also does not apply to home addresses of the covered employees contained in (1) documents eligible to be recorded in municipal land records;
(2) any list required by the state’s election laws (e.g., voter registry lists, petition forms, logs of absentee ballot applications);
or (3) municipal grand lists.
BACKGROUND Public Agency Definition Under FOIA, a “public agency” generally includes any:
1.
executive, administrative, or legislative office of the state or any political subdivision of the state and any state or town agency;
2.
department, board, commission, authority, or official of the state or of any municipality, school district, or other district or other political subdivision of the state;
3.
committee of, or created by, any of these offices or officials;
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471 4.
judicial office, official, or body or committee, but only for administrative functions;
and 5.
person to the extent they are the functional equivalent of a public agency (CGS § 1-200(1)).
Covered Individuals The following public officials and employees, among others, are covered by FOIA’s current home address disclosure limitation:
1.
Connecticut Superior and Appellate Court judges, Supreme Court justices, and family support magistrates;
2.
sworn members of municipal police departments or the State Police;
3.
employees of the judicial branch and the departments of Correction and Children and Families;
4.
attorneys who (a) represent the state in a criminal prosecution or (b) are employed by the Public Defender Services Division;
5.
membersandemployeesoftheBoardofPardonsandParolesand the Commission on Human Rights and Opportunities;
6.
Department of Mental Health and Addiction Services employees who provide direct patient care;
and 7.
state marshals appointed by the State Marshal Commission.
Related Bills sSB 234 (File 207), 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.
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471 SB 394, favorably reported by the Government Administration and Elections Committee, exempts from disclosure under FOIA records maintained or kept 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, but not financial records.
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 ServicesandPublicProtectionrecordsintheregistry ofstate 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) sSB436 / File No.
471 9
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Action History
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FILE NO. 471
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SENATE CALENDAR NUMBER 283
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FAV. RPT., TAB. FOR CAL., SEN.
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RPTD. OUT OF LCO
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REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/15/24
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FILED WITH LCO
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Joint Favorable
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PUBLIC HEARING 0318
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REF. TO JOINT COMM. ON Government Administration and Elections
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 0 co-sponsors · 187 not signed on
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Not signed on (187)
187 members have not signed on to this bill.
Show all 187 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What is the current status of SB 436?
- This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 436?
- Track SB 436 free on One Click Politics — get push/email alerts when it moves.
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