Connecticut 2021 Regular Session Status: In Committee 8 R cosponsors

HB 6193 — AN ACT SUBJECTING CERTAIN NONSTATE ENTITIES THAT SERVE A GOVERNMENTAL FUNCTION TO THE FREEDOM OF INFORMATION ACT AND THE CODES OF ETHICS.

Last action — FILE NO. 497

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

229 added · 75 removed

229 line(s) added, 75 removed.

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General Assembly Committee Bill No.
House of Representatives General Assembly File No.
6193 January Session, 2021 LCO No.
497 January Session, 2021 Substitute House Bill No.
5577 Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS Introduced by:
6193 House of Representatives, April 19, 2021 The Committee on Government Administration and Elections reported through REP.
(GAE) AN ACT SUBJECTING CERTAIN NONSTATE ENTITIES THAT SERVE A GOVERNMENTAL FUNCTION TO THE FREEDOM OF INFORMATION ACT AND THE CODES OF ETHICS.
FOX of the 148th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.
AN ACT SUBJECTING CERTAIN NONSTATE ENTITIES THAT SERVE A GOVERNMENTAL FUNCTION TO THE FREEDOM OF INFORMATION ACT AND THE CODES OF ETHICS.
Subdivision (11) of section 1-79 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):
(NEW) (Effective July 1, 2021) (a) An entity serves a governmental function if such entity (1) has as a member of its board of directors or as part of its corporate governance, (A) any state-wide elected officer or anymember ormember-elect oftheGeneralAssembly, (B) any person appointed to any office of the legislative, judicial or executive branch of state government by the Governor or an appointee of the Governor, with or without the advice and consent of the General Assembly, (C) any public member or representative of the teachers' unions or state employees' unions appointed to the Investment Advisory Council pursuant to subsection (a) of section 3-13b of the general statutes, (D) any member or director of a quasi-public agency, or (E) the spouse of the Governor, (2) is authorized to expend public funds, or (3) receives public funds as part of such entity's operations.
(11) "Public official" means any state-wide elected officer, any member or member-elect of the General Assembly, any person appointed to any office of the legislative, judicial or executive branch of state government by the Governor or an appointee of the Governor, with or without the advice and consent of the General Assembly, any public member or representative of the teachers' unions or state employees' unions appointed to the Investment Advisory Council pursuant to subsection (a) of section 3-13b, any person appointed or elected by the General Assembly or by any member of either house thereof, any member or director of a quasi-public agency, [and] the spouse of the Governor and any person appointed by a member of the LCO No.
sHB6193 / File No.
5577 1 of 3 Committee Bill No.6193 General Assembly, a state-wide elected officer, the Governor or an appointee of the Governor to serve on the board of an entity that is not a state or quasi-public agency but serves a governmental function, but does not include a member of an advisory board, a judge of any court either elected or appointed or a senator or representative in Congress.
497 1 sHB6193 File No.
497 (b) Any person appointed by a member of the General Assembly, a state-wide elected officer, the Governor or anappointee of the Governor to serve on the board of an entity that (1) is not a state agency or quasi- public agency, as such terms are defined in section 1-79 of the general statutes, as amended by this act,and (2) serves a governmentalfunction, as described in subsection (a) of this section, shall be deemed the functional equivalent of a public agency, as defined in section 1-200 of the general statutes, as amended by this act.
Subdivision (1) of section 1-200 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):
Subdivision (11) of section 1-79 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2021):
(1) "Public agency" or "agency" means:
(11) "Public official" means any state-wide elected officer, any member or member-elect of the General Assembly, any person appointed to any office of the legislative, judicial or executive branch of state government by the Governor or an appointee of the Governor, with or without the advice and consent of the General Assembly, any public member or representative of the teachers' unions or state employees' unions appointed to the Investment Advisory Council pursuant to subsection (a) of section 3-13b, any person appointed or elected by the General Assembly or by any member of either house thereof, any member or director of a quasi-public agency, [and] the spouse of the Governor and any person appointed by a member of the General Assembly, a state-wide elected officer, the Governor or an appointee of the Governor to serve on the board of an entity that is not a state or quasi-public agency but serves a governmental function, as described in subsection (a) of section 1 of this act, but does not include a member of an advisory board, a judge of any court either elected or appointed or a senator or representative in Congress.
(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 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;
(B) Any person to the extent such person is deemed to be the functional equivalent of a public agency pursuant to law, including, but not limited to, any person described in section 3 of this act;
or (C) Any "implementing agency", as defined in section 32-222.
(NEW) (Effective October 1, 2021) Any person appointed by a member of the General Assembly, a state-wide elected officer, the Governor or an appointee of the Governor to serve on the board of an entity that (1) is not a state agency or quasi-public agency, as such terms are defined in section 1-79 of the general statutes, as amended by this LCO No.
Subdivision (1) of section 1-200 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2021):
5577 2 of 3 Committee Bill No.
(1) "Public agency" or "agency" means:
6193 act, and (2) serves a governmental function, shall be deemed the functional equivalent of a public agency, as defined in section 1-200 of the general statutes, as amended by this act.
sHB6193 / File No.
497 2 sHB6193 File No.
497 (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 the state, including any committee of, or created by, any such office, subdivision, agency, department, institution, bureau, board, commission, authority or official, any entity that serves a governmental function, as described in subsection (a) of section 1 of this act, and also includes any judicial office, official, or body or committee thereof but only with respect to its or their administrative functions, and for purposes of this subparagraph, "judicial office" includes, but is not limited to, the Division of Public Defender Services;
(B) Any person to the extent such person is deemed to be the functional equivalent of a public agency pursuant to law, including, but not limited to, any person described in subsection (b) of section 1 of this act;
or (C) Any "implementing agency", as defined in section 32-222.
Section 1 October 1, 2021 1-79(11) Sec.
Section 1 July 1, 2021 New section Sec.
2 October 1, 2021 1-200(1) Sec.
2 July 1, 2021 1-79(11) Sec.
3 October 1, 2021 New section Statement of Purpose:
3 July 1, 2021 1-200(1) Statement of Legislative Commissioners:
To subject certain nonstate entities that serve a governmental function to the Freedom of Information Act and the codes of ethics.
Section 2 and Section 4 were combined into Section 1 for consistency with standard drafting conventions.
[Proposed deletions are enclosed in brackets.
GAE Joint Favorable Subst.
Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] Co-Sponsors:
sHB6193 / File No.
REP.
497 3 sHB6193 File No.
CANDELORA, 86th Dist.;
497 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.
REP.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
DEVLIN, 134th Dist.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
REP.
OFA Fiscal Note State Impact:
O'DEA, 125th Dist.;
None Municipal Impact:
REP.
None Explanation This bill subjects certain entities that serve a governmental function to the Freedom of Information Act and individuals appointed to these entities to the state Code of Ethics for Public Officials.
PERILLO, 113th Dist.
There is no fiscal impact as the Freedom of Information Commission and the Office of State Ethics have the expertise to handle complaints that may arise as a result of this bill.
REP.
The Out Years State Impact:
REBIMBAS, 70th Dist.;
None Municipal Impact:
REP.
None sHB6193 / File No.
ZUPKUS, 89th Dist.
497 4 sHB6193 File No.
REP.
497 OLR Bill Analysis sHB 6193 AN ACT SUBJECTING CERTAIN NONSTATE ENTITIES THAT SERVE A GOVERNMENTAL FUNCTION TO THE FREEDOM OF INFORMATION ACT AND THE CODES OF ETHICS.
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ZAWISTOWSKI, 61st Dist.;
SUMMARY This bill subjects certain (1) entities that serve a governmental function, as defined by the bill, to the Freedom of Information Act (FOIA) and (2) individuals appointed to these entities to the state Code of Ethics for Public Officials.
REP.
Under the bill, an entity serves a governmental function if, (1) with certain exceptions, any of its members are "public officials" under the state Code of Ethics for Public Officials;
FISHBEIN, 90th Dist.
(2) it is authorized to spend public funds;
REP.
or (3) it receives public funds as part of its operations.
WINKLER, 56th Dist.;
EFFECTIVE DATE:
REP.
October 1, 2021 GOVERNMENTAL FUNCTION Under the bill, an entity serves a governmental function if it meets one of the three criteria outlined above.
MASTROFRANCESCO, 80th Dist.
With respect to the first criterion, an entity serves a governmental function if its board of directors or corporate governance includes any of the following members:
SEN.
1.
SAMPSON, 16th Dist.
a statewide elected officer or member or member-elect of the legislature, 2.
H.B.
a person appointed to any office in any branch of state government by the governor or one of his appointees, 3.
6193 LCO No.
a public member or representative of the teachers' unions or state employees' unions appointed to the Investment Advisory sHB6193 / File No.
5577 3 of 3
497 5 sHB6193 File No.
497 Council, 4.
a quasi-public agency member or director, or 5.
the governor's spouse.
These individuals (other than judges and members of advisory boards) are all "public officials" under the Code of Ethics for Public Officials (see below).
(Presumably, they must serve on the entity's board in their official capacity to trigger the bill's requirements.) CODE OF ETHICS By law, the Code of Ethics for Public Officials applies to state employees and specified public officials.
Among other things, the code prohibits covered individuals from having any financial interest in a business that is in substantial conflict with their official duties (CGS § 1- 84(a)).
Under existing law, "public officials" includes each of the individuals listed above (other than judges and members of advisory boards), plus any person appointed or elected by the legislature or a member of either house.
The bill additionally classifies as "public officials" certain members of entities that are not state agencies or quasi-public agencies but that serve a governmental function as defined in the bill.
Specifically, it applies to members of these entities' boards who are appointed by the governor or one of his appointees, a statewide officer, or a legislator.
FOIA Among other things, FOIA requires state and municipal public agencies and quasi-public agencies, with limited exceptions, to (1) make their recordsand files availableto thepublic for inspectionand copying;
(2) post their meeting agendas and minutes;
and (3) allow the public to attend their meetings (CGS §§ 1-210 & 1-225).
Under current law, FOIA applies to non-public entities to the extent they are deemed to be the functional equivalent of a public agency (CGS sHB6193 / File No.
497 6 sHB6193 File No.
497 § 1-200(1)(B)).
To determine whether a person is the “functional equivalent” of a public agency, courts and the Freedom of Information Commission (FOIC) apply a four-part test established by the Connecticut Supreme Court in Board of Trustees of Woodstock Academy v.
FOI Commission, 181 Conn.
544 (1980).
One component of this test is whether the entity performs a governmental function (see BACKGROUND).
The bill expands FOIA's definition of public agency to include non- public entities that perform a governmental function, as defined by the bill (see above).
(The bill's definition of "governmental function" is broader than the definition used by courts and FOIC for the functional equivalent test (see BACKGROUND).) The bill additionally classifies, as the "functional equivalent" of a public agency, the same entity board members whom it defines as "public officials" under the Code of Ethics for Public Officials (see above).Specifically,itappliestomembers(1)appointedbythegovernor or one of his appointees, a statewide officer, or a legislator and (2) serving on entities that are not state agencies or quasi-public agencies but that serve a governmental function as defined in the bill.
(The legal effect of this provision is unclear.) BACKGROUND Functional Equivalent Test FOIA's functional equivalent test consists of the following factors:
1.
whether the entity performs a governmental function, 2.
the level of government funding, 3.
the extent of government involvement or regulation, and 4.
whether the entity was created by government (Woodstock, supra).
When it established the test, the Connecticut Supreme Court stated that these criteria should be applied on a case-by-case basis.
In a later sHB6193 / File No.
497 7 sHB6193 File No.
497 case, the court held that an entity need not meet all four criteria in order to be held to be a functional equivalent.
Rather, “[a]ll relevant factors are to be considered cumulatively, with no single factor being essential or conclusive” (Connecticut Humane Society v.
FOI Commission, 218 Conn.
757, 761 (1991)).
Governmental Function:
Common Law Inapplyingthefunctionalequivalenttestina1998case,theAppellate Court held that “Performing 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 inthe core ofthe program" (Domestic Violence Services of Greater New Haven, Inc.
v.
Freedom of Information Commission, 47 Conn.
App.
466 (1998)).
Governmental Function:
Statutory Requirement Separate from the functional equivalent test, FOIA also requires that each contract exceeding $2.5 million between a public agency and a person for the performance of a governmental function provide that the public agency is entitled to receive a copy of records and files related to the performance of the governmental function (CGS § 1-218).
For purposes of this requirement, "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 decisions connected to the program's administration or management.
It does not include the mere provision of goods or services to a public agency without delegated program management or administration responsibilities (CGS § 1-200(11)).
COMMITTEE ACTION Government Administration and Elections Committee Joint Favorable Substitute Yea 18 Nay 1 (03/31/2021) sHB6193 / File No.
497 8
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Action History

  1. FILE NO. 497

  2. HOUSE CALENDAR NUMBER 364

  3. FAV. RPT., TABLED FOR HOUSE CALENDAR

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/19/21

  6. FILED WITH LCO

  7. Joint Favorable Substitute

  8. PUBLIC HEARING 0326

  9. REF. TO JOINT COMM. ON Government Administration and Elections

  10. DRAFTED BY COMMITTEE

  11. Vote to Draft

  12. REF. TO JOINT COMM. ON Government Administration and Elections

Sponsors

Sponsorship breakdown

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12 sponsors · 0 co-sponsors · 175 not signed on

Sponsors (12)

Co-sponsors (0)

None.

Not signed on (175)

175 members have not signed on to this bill.

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"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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Frequently asked questions

Who sponsors HB 6193?
HB 6193 is sponsored by Craig C. Fishbein (Republican), Sampson, Rob, Vincent J. Candelora (Republican), Rebimbas, Rosa C., Winkler, Michael A., Devlin, Laura M., Jason Perillo (Republican), Donna Veach (Republican), Gale L. Mastrofrancesco (Republican), Lezlye Zupkus (Republican), Tom O'Dea (Republican), and Tami Zawistowski (Republican).
What is the current status of HB 6193?
This bill died with 2021 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.
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