AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE FREEDOM OF INFORMATION COMMISSION FOR REVISIONS TO THE FREED...
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SB 355 — AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE FREEDOM OF INFORMATION COMMISSION FOR REVISIONS TO THE FREEDOM OF INFORMATION ACT.
Last action — FILE NO. 428
No card. One bill, free forever — alerts when it moves.
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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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
192 added · 32 removed192 line(s) added, 32 removed.
Senate General Assembly RaisedFile Bill No.
355428 February Session, 2024 LCOSenate Bill No.
1535355 ReferredSenate, toApril 11, 2024 The Committee on GOVERNMENTGovernment ADMINISTRATIONAdministration ANDand ELECTIONSElections Introducedreported by:through SEN.
(GAE)FLEXER ANof ACTthe IMPLEMENTING29th THEDist., RECOMMENDATIONSChairperson OFof THEthe FREEDOMCommittee OFon INFORMATIONthe COMMISSIONpart FORof REVISIONSthe TOSenate, THEthat FREEDOMthe OFbill INFORMATIONought ACT.to pass.
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE FREEDOM OF INFORMATION COMMISSION FOR REVISIONS TO THE FREEDOM OF INFORMATION ACT.
(A) Any executive, administrative or legislative office of the state or any political subdivision of the state and any state or town agency, any department,institution,bureau,board,commission,authorityorofficial of the state or of any city, town, borough, municipal corporation, school district, regional district or other district or other political subdivision of theSB355 state,/ includingFile any committee of, or created by, any such office, LCO 1535 1 of 12 Bill No.
355428 subdivision,1 agency,SB355 department,File institution,No. bureau, board, commission, authority or official, and also includes any judicial office, official, or body or committee thereof but only with respect to itsor their administrative functions, and for purposes of this subparagraph, "judicial office" includes, but is not limited to, the Division of Public Defender Services;
428 the state, including any committee of, or created by, any such office, subdivision, agency, department, institution, bureau, board, commission, authority or official, and also includes any judicial office, official, or body or committee thereof but only with respect to itsor their administrative functions, and for purposes of this subparagraph, "judicial office" includes, but is not limited to, the Division of Public Defender Services;
(3) "Caucus" means (A) a convening or assembly of the enrolled members of a single political party who are members of a public agency within the state or a political subdivision, or (B) the members of a LCOSB355 1535/ 2File of 12 Bill No.
355428 multimember2 publicSB355 agency,File whichNo. members constitute a majority of the membership of the agency, or the other members of the agency who constitute a minority of the membership of the agency, who register their intention to be considered a majority caucus or minority caucus, as the case may be, for the purposes of the Freedom of Information Act, provided (i) the registration is made with the office of the Secretary of the State for any such public agency of the state, in the office of the clerk of a political subdivision of the state for any public agency of a political subdivision of the state, or in the office of the clerk of each municipal member of any multitown district or agency, (ii) no member is registered in more than one caucus at any one time, (iii) no such member's registration is rescinded during the member's remaining term of office, and (iv) a member may remain a registered member of the majority caucus or minority caucus regardless of whether the member changes his or her party affiliation under chapter 143.
428 multimember public agency, which members constitute a majority of the membership of the agency, or the other members of the agency who constitute a minority of the membership of the agency, who register their intention to be considered a majority caucus or minority caucus, as the case may be, for the purposes of the Freedom of Information Act, provided (i) the registration is made with the office of the Secretary of the State for any such public agency of the state, in the office of the clerk of a political subdivision of the state for any public agency of a political subdivision of the state, or in the office of the clerk of each municipal member of any multitown district or agency, (ii) no member is registered in more than one caucus at any one time, (iii) no such member's registration is rescinded during the member's remaining term of office, and (iv) a member may remain a registered member of the majority caucus or minority caucus regardless of whether the member changes his or her party affiliation under chapter 143.
(B) strategy and negotiations with respect to pending claims or pending litigation to which the public agency or a member thereof, because of the member's conduct as a member of such agency, is a party until such litigation or claim has been finally adjudicated or otherwise LCOSB355 1535/ 3File of 12 Bill No.
355428 settled;3 SB355 File No.
428 settled;
(9)"Pending litigation"litigation"means(A)awrittennotice means(A)awrittennotice to anagency which sets forth a demand for legal relief or which asserts a legal right stating the intention to institute an action before a court if such relief or right is not granted by the agency;
[(11) "Governmental function" means the administration or management of a program of a public agency, which program has been authorized by law to be administered or managed by a person, where LCOSB355 1535/ 4File of 12 Bill No.
355428 (A)4 theSB355 personFile receivesNo. funding from the public agency for administering or managing the program, (B) the public agency is involved in or regulates to a significant extent such person's administration or management of the program, whether or not such involvement or regulation is direct, pervasive, continuous or day-to- day, and (C) the person participates in the formulation of governmental policies or decisions in connection with the administration or management of the program and such policies or decisions bind the public agency.
428 (A) the person receives funding from the public agency for administering or managing the program, (B) the public agency is involved in or regulates to a significant extent such person's administration or management of the program, whether or not such involvement or regulation is direct, pervasive, continuous or day-to- day, and (C) the person participates in the formulation of governmental policies or decisions in connection with the administration or management of the program and such policies or decisions bind the public agency.
(a) For purposes of this section, "governmental function" means the administration or management of a program of a public agency, which program has been authorized by law to be administered or managed by a person, where (1) the person receives funding from the public agency for administering or managing the program, (2) the public agency is involved in or regulates to a significant extent such person's administration or management of the program, whether or not such involvement or regulation is direct, pervasive, continuous or day-to- day, and (3) the person participates in the formulation of governmental policies or decisions in connection with the administration or management of the program and such policies or decisions bind the LCOpublic 1535agency. 5 of 12 Bill No.
355"Governmental publicfunction" agency.does not include the mere SB355 / File No.
"Governmental428 function"5 doesSB355 notFile includeNo. the mere provision of goods or services to a public agency without the delegated responsibility to administer or manage a program of a public agency.
428 provision of goods or services to a public agency without the delegated responsibility to administer or manage a program of a public agency.
(e) The Freedom of Information Commission shall conduct training sessions, at least annually, for members of public agencies for the purpose of educating such members as to the requirements of this LCOsection 1535and 6sections of[1-7 12to Bill1-14, inclusive, 1-16 to 1-18, inclusive,] 1-200 SB355 / File No.
355428 section6 andSB355 sectionsFile [1-7No. to 1-14, inclusive, 1-16 to 1-18, inclusive,] 1-200 to 1-202, inclusive, as amended by this act, [1-205,] 1-205a, 1-206, 1-210 to [1-217] 1-219, inclusive, as amended by this act, 1-225 to 1-232, inclusive, as amended by this act, and 1-240 [, 1-241 and 19a-342] to 1- 242, inclusive.
428 to 1-202, inclusive, as amended by this act, [1-205,] 1-205a, 1-206, 1-210 to [1-217] 1-219, inclusive, as amended by this act, 1-225 to 1-232, inclusive, as amended by this act, and 1-240 [, 1-241 and 19a-342] to 1- 242, inclusive.
(d) Notice of each special meeting of every public agency, except for the General Assembly, either house thereof or any committee thereof, shall be posted not less than twenty-four hours before the meeting to which such notice refers on the public agency's Internet web site, if LCOavailable, 1535and 7given not less than twenty-four hours prior to the time of 12SB355 Bill/ File No.
355428 available,7 andSB355 givenFile notNo. less than twenty-four hours prior to the time of such meeting by filing a notice of the time and place thereof in the office of the Secretary of the State for any such public agency of the state, in the office of the clerk of such subdivision for any public agency of a political subdivision of the state and in the office of the clerk of each municipal member for any multitown district or agency.
428 such meeting by filing a notice of the time and place thereof in the office of the Secretary of the State for any such public agency of the state, in the office of the clerk of such subdivision for any public agency of a political subdivision of the state and in the office of the clerk of each municipal member for any multitown district or agency.
LCOSec. 1535 8 of 12 Bill No.
355 Sec.
Subdivision (1) of section 4d-30 of the 2024 supplement to the general statutes is repealed and the following is substituted in lieu thereofSB355 (Effective/ OctoberFile 1,No. 2024):
428 8 SB355 File No.
428 thereof (Effective October 1, 2024):
With respect to any state employee whose position is eliminated or who is laid off as a result of any contract or amendment to a contract which is subject to the provisions of this chapter and [subsection (e) of section 1-205,] subsection (c) of section 1-211, [subsection (b) of section 1-212, section 4-5,] section 4a-50 [,] or 4a-51, subsection (b) of section 4a- 57, subsection (a) of section 10a-151b [,] or subsection (b) of section 19a- 110, or any subcontract for work under such contract or amendment, (1) the contractor shall hire the employee, upon application by the employee, unless the employee is hired by a subcontractor of the contractor, or (2) the employee may transfer to any vacant position in state service for which such employee is qualified, to the extent allowed under the provisions of existing collectively bargained agreements and thegeneralstatutes.Ifthecontractororanysuchsubcontractorhiresany such state employee and does not provide the employee with fringe benefits which are equivalent to, or greater than, the fringe benefits that the employee would have received in state service, the state shall, for two years after the employee terminates from state service, provide to the employee either (A) the same benefits that such employee received from the state, or (B) compensation in an amount which represents the difference inthevalueofthefringebenefitsthat suchemployee received wheninstate service andthefringe benefitsthat suchemployee receives LCOfrom 1535the 9contractor ofor 12subcontractor. Bill No.
355 from the contractor or subcontractor.
Section 4d-48 of the 2024 supplement to the general statutes isSB355 repealed/ andFile theNo. following is substituted in lieu thereof (Effective October 1, 2024):
428 9 SB355 File No.
428 is repealed and the following is substituted in lieu thereof (Effective October 1, 2024):
(d) Whenever a public agency, except the Judicial Department or Legislative Department, receives a request from any person for LCOdisclosure 1535of 10any records described in subdivision (19) of 12subsection Bill(b) of this section under the Freedom of Information Act, the public agency shall promptly notify the Commissioner of Administrative Services or SB355 / File No.
355428 disclosure10 ofSB355 anyFile recordsNo. described in subdivision (19) of subsection (b) of this section under the Freedom of Information Act, the public agency shall promptly notify the Commissioner of Administrative Services or the Commissioner of Emergency Services and Public Protection, as applicable, of such request, in the manner prescribed by such commissioner, before complying with the request as required by the Freedom of Information Act.
Show all 120 changed lines (80 more)
428 the Commissioner of Emergency Services and Public Protection, as applicable, of such request, in the manner prescribed by such commissioner, before complying with the request as required by the Freedom of Information Act.
2 October 1, 2024 1-218 October 1, 2024 Sec.
3 October 1, 2024 1-211(b) Sec.
9 October 1, 2024 4d-47 LCOSec. 1535 11 of 12 Bill No.
355 Sec.
11 October 1, 2024 1-210(d) GAESB355 Joint/ FavorableFile LCONo. 1535 12 of 12
428 11 SB355 File No.
428 GAE Joint Favorable SB355 / File No.
428 12 SB355 File No.
428 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 makes a variety of changes related to the Freedom of Information Act (FOIA), FOIA related process, and updates statute to meet current training practice for the Freedom of Information Commissionandresultsinno fiscalimpact to thestateor municipalities.
The Out Years State Impact:
None Municipal Impact:
None SB355 / File No.
428 13 SB355 File No.
428 OLR Bill Analysis SB 355 AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE FREEDOM OF INFORMATION COMMISSION FOR REVISIONS TO THE FREEDOM OF INFORMATION ACT.
SUMMARY This bill makes several unrelated changes to the Freedom of Information Act (FOIA), including the following:
1.
limits the applicability of FOIA’s definition of “governmental function” so that it applies only to one statute on contracts for performing a governmental function, rather than throughout FOIA (§§ 1-3);
2.
conforms the law on trainings given by the Freedom of Information Commission (FOIC) to current practice (§ 4);
3.
explicitly allows the copying of public records using mobile telephones or cameras (§ 6);
4.
allows notices of a special meeting to be sent to a public agency’s members electronically (§ 7);
and 5.
clarifies which public agencies must be named in an appeal to FOIC when a request to inspect or copy a record is denied under FOIA’s safety risk exemption (§ 11).
Additionally, the bill specifies that FOIA’s disclosure exemption for records covered by the federal Family Educational Rights and Privacy Act (FERPA) applies to education records, rather than educational records as current law provides (§ 5).
This conforms with terminology used in FERPA (20 U.S.C.
§ 1232g(4)).
Lastly, the bill makes technical and conforming changes.
Among SB355 / File No.
428 14 SB355 File No.
428 other things, it amends provisions on the awarding of state government information technology contracts to remove erroneous references to (1) FOIC training and fees for copying public records and (2) the statutory list of department heads (§§ 8-10).
EFFECTIVE DATE:
October 1, 2024 §§ 1-3 — GOVERNMENTAL FUNCTION Under FOIA, “governmental function” generally includes a public agency program’s administration or management by a person that, among other things, participates in formulating governmental policies or decisionsconnected to theprogram’sadministrationor management.
It does not include the mere provision of goods or services to a public agency without delegated program management or administration responsibilities.
The bill limits this definition’s applicability so that it applies only to one statute on contracts for performing a governmental function, rather than throughout FOIA as under current law (see BACKGROUND).
In doing so, the bill clarifies that the statutory definition does not apply at common law, where “governmental function” has a similar (though not identical) meaning (see BACKGROUND).
Under current law, “governmental function” also appears in a FOIA provision that generally prohibits public agencies from entering into contracts that impair the public’s right to inspect or copy records stored in a computer system the agency owns, leases, or uses in the course of its governmental functions.
The bill makes a conforming change by eliminating the reference to governmental functions.
§ 4 — FOIC TRAINING The law requires FOIC to hold annual training sessions for members of public agencies on FOIA’s provisions (e.g., meeting-related requirements).
The bill eliminates requirements for FOIC to hold training on (1) physical requirements for public records (e.g., standard ink) and (2) the general prohibition on smoking indoors (e.g., tobacco and cannabis).
It adds requirements for the commission to hold training on (1) contracts for the performance of a governmental function, (2) SB355 / File No.
428 15 SB355 File No.
428 veterans’ military records, (3) court actions involving FOIA, and (4) the commission’s recommended budget appropriations and allotments.
§ 6 — USING MOBILE PHONES AND CAMERAS TO MAKE COPIES The bill explicitly allows people to copy public records using mobile telephones, cameras, or other portable devices capable of capturing an image of a public record.
It does so by deeming these devices to be “hand-held scanners” under FOIA’s copies and scanning of public records provision, which also allows public agencies to set a fee structure for copying records with a hand-held scanner at the agency.
FOIA allows (1) individuals to use a hand-held scanner to copy records and (2) public agencies to charge up to $20 each time an individualusesascannertocopyrecordsattheagency.Currentlyunder FOIA, a “hand-held scanner” is a battery-operated electronic scanning device that leaves no mark or impression on the records and does not unreasonably interfere with the agency’s operations.
§ 7 — NOTICES OF A SPECIAL MEETING Under FOIA, public agencies must generally give at least 24 hours’ notice of a special meeting, unless there is an emergency.
A special meeting is one held to consider business that (1) was unforeseen when scheduling regular meetings and (2) should be addressed before the next regular meeting.
The bill allows notices of a special meeting to be sent to a public agency’s members electronically or by mail to their homes.
Current law requires that the notice be delivered to the member’s home.
Current law also allows members to waive delivery of the notice by filing a written waiver with the agency’s clerk or secretary.
The bill allows members to submit these waivers electronically or by mail and eliminates the option for them to submit by telegram.
§ 11 — SECURITY APPEALS Under FOIA, an executive branch state agency that receives a request to disclose records potentially subject to FOIA’s safety risk exemption (CGS § 1-210(b)(19)) must consult with the Department of Administrative Services (DAS) commissioner before disclosing the SB355 / File No.
428 16 SB355 File No.
428 records.
A municipal, regional, or district agency must consult with the Department of Emergency Services and Public Protection (DESPP) commissioner.
In both cases, FOIA allows the applicable commissioner to direct the custodial agency to withhold the record from disclosure.
Under current law, any FOIC appeal of a denial based on FOIA’s safety risk exemption must be filed against the state, municipal, regional, or district agency that issued the directive to withhold the record.
Under the bill, the appeal must be filed against both the agency with custody of the record and the commissioner (DAS or DESPP, as applicable) that directed the agency to withhold the record.
BACKGROUND Contract for Performance of a Governmental Function By law, each contract exceeding $2.5 million between a public agency and a person for the performance of a “governmental function” must state that the public agency is entitled to a copy of records and files related to the performance of the governmental function.
The contract mustalsoindicatethat theserecordsorfilesaresubjecttoFOIAandmay be disclosed by the public agency under FOIA.
Governmental Function:
Common Law By law, FOIA applies to non-public entities to the extent they are deemed to be the functional equivalent of a public agency (CGS § 1- 200(1)(B)).To determine whether apersonisthe“functionalequivalent” of a public agency, courts and FOIC apply a four-part test established by the Connecticut Supreme Court in Board of Trustees of Woodstock Academyv.FOICommission,181Conn.544(1980).Onecomponentofthis test is whether the entity performs a governmental function.
Inapplyingthefunctionalequivalenttestina1998case,theAppellate Court held that “[p]erforming a government service pursuant to contract does not make an entity a public agency subject to [FOIA]….
The key to determining whether an entity is a government agency or merely a contractor with the government is whether the government is really involved in the core of the program” (Domestic Violence Services of Greater New Haven, Inc.
v.
Freedom of Information Commission, 47 Conn.
App.
466 (1998)).
SB355 / File No.
428 17 SB355 File No.
428 COMMITTEE ACTION Government Administration and Elections Committee Joint Favorable Yea 19 Nay 0 (03/26/2024) SB355 / File No.
428 18
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Action History
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FILE NO. 428
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SENATE CALENDAR NUMBER 264
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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 04/10/24
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FILED WITH LCO
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Joint Favorable
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PUBLIC HEARING 0308
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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
Sponsors (0)
None.
Co-sponsors (0)
None.
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.
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