Connecticut 2021 Regular Session Status: In Committee 3 D cosponsors

SB 183 — AN ACT CONCERNING REMOTE MEETINGS UNDER THE FREEDOM OF INFORMATION ACT.

Last action — FILE NO. 441

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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

467 added · 328 removed

467 line(s) added, 328 removed.

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General Assembly Committee Bill No.
Senate General Assembly File No.
183 January Session, 2021 LCO No.
441 January Session, 2021 Substitute Senate Bill No.
4965 Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS Introduced by:
183 Senate, April 14, 2021 The Committee on Government Administration and Elections reported through SEN.
(GAE) AN ACT CONCERNING REMOTE MEETINGS UNDER THE FREEDOM OF INFORMATION ACT.
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 REMOTE MEETINGS UNDER THE FREEDOM OF INFORMATION ACT.
(4) any materials relevant to matters on the agenda, including, but not limited to, materials related to specific applications, if applicable, are submitted to the agency a minimum of LCO No.
(4) any materials relevant to matters on the sSB183 / File No.
4965 1 of 11 Committee Bill No.183 twenty-four hours prior to the meeting and posted on the agency's Internet web site for public inspection prior to, during and after the meeting, and any exhibits to be submitted by members of the public are, to the extent feasible, submitted to the agency a minimum of twenty- four hours prior to the meeting and posted on the agency's Internet web site for public inspection prior to, during and after the meeting;
441 1 sSB183 File No.
and (5) any person participating in any such meeting clearly states his or her name and title, if applicable, each time before speaking.
441 agenda, including, but not limited to, materials related to specific applications, if applicable, are submitted to the agency a minimum of twenty-four hours prior to the meeting and posted on the agency's Internet web site for public inspection prior to, during and after the meeting, and any exhibits to be submitted by members of the public are, to the extent feasible, submitted to the agency a minimum of twenty- four hours prior to the meeting and posted on the agency's Internet web site for public inspection prior to, during and after the meeting;
and (5) any person participating in any such meeting clearly states his or her name and title, if applicable, each time before speaking, unless the presiding officer has already identified such person by calling his or her name.
(b) Each such public agency of the state shall file not later than January thirty-first of each year in the office of the Secretary of the State the schedule of the regular meetings of such public agency for the ensuing year and shall post such schedule on such public agency's LCO No.
(b) Each such public agency of the state shall file not later than sSB183 / File No.
4965 2 of 11 Committee Bill No.183 Internet web site, if available, except that such requirements shall not applytotheGeneralAssembly,eitherhousethereofortoanycommittee thereof.
441 2 sSB183 File No.
441 January thirty-first of each year in the office of the Secretary of the State the schedule of the regular meetings of such public agency for the ensuing year and shall post such schedule on such public agency's Internet web site, if available, except that such requirements shall not applytotheGeneralAssembly,eitherhousethereofortoanycommittee thereof.
(d) Notice of each special meeting of every public agency, except for LCO No.
sSB183 / File No.
4965 3 of 11 Committee Bill No.183 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 available, and given not 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.
441 3 sSB183 File No.
441 (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 available, and given not 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.
The requirement of delivery of such written notice may also be dispensed with as to any member who is actually LCO No.
The requirement of delivery of such written notice may also be dispensed with as to any member who is actually sSB183 / File No.
4965 4 of 11 Committee Bill No.183 present at the meeting at the time it convenes.
441 4 sSB183 File No.
441 present at the meeting at the time it convenes.
Any recording, radio, television or photographic equipment may be so located within LCO No.
Any recording, radio, television or photographic equipment may be so located within the meeting room as to permit the recording, broadcasting either by sSB183 / File No.
4965 5 of 11 Committee Bill No.183 the meeting room as to permit the recording, broadcasting either by radio, or by television, or by both, or the photographing of the proceedings of such public agency.
441 5 sSB183 File No.
441 radio, or by television, or by both, or the photographing of the proceedings of such public agency.
LCO No.
Sec.
4965 6 of 11 Committee Bill No.
183 Sec.
The public agency may adjourn any regular or special meeting to a time and place specified in the order of adjournment.
sSB183 / File No.
441 6 sSB183 File No.
441 The public agency may adjourn any regular or special meeting to a time and place specified in the order of adjournment.
If all members are absent from any regular meeting the clerk or the secretary of such body may declare the meeting adjourned to astatedtime and place and shall cause a written notice of the adjournment to be given in the same manner as provided in section 1-225, as amended by this act, for special meetings, unless such notice is waived as provided for special meetings or as providedinsection1ofthisact,forremotemeetings.Acopyoftheorder or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular or special meeting was held, or in a conspicuous place on the Internet web site of the public agency, within twenty-four hours after the time of the adjournment.
If all members are absent from any regular meeting the clerk or the secretary of such body may declare the meeting adjourned to astatedtime and place and shall cause a written notice of the adjournment to be given in the same manner as provided in section 1-225, as amended by this act, for special meetings, unless such notice is waived as provided for special meetings, or as providedinsection1ofthisact,forremotemeetings.Acopyoftheorder or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular or special meeting was held, or in a conspicuous place on the Internet web site of the public agency, within twenty-four hours after the time of the adjournment.
(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, LCO No.
(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 sSB183 / File No.
4965 7 of 11 Committee Bill No.183 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;
441 7 sSB183 File No.
441 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 multimember public agency, which members constitute a majority of LCO No.
(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 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 sSB183 / File No.
4965 8 of 11 Committee Bill No.183 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.
441 8 sSB183 File No.
441 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.
(C) matters concerning security strategy or the deployment of LCO No.
(C) matters concerning security strategy or the deployment of security personnel, or devices affecting public security;
4965 9 of 11 Committee Bill No.183 security personnel, or devices affecting public security;
(D) discussion of the selection of a site or the lease, sale or purchase of real estate by the stateorapoliticalsubdivisionofthestatewhenpublicityregardingsuch site, lease, sale, purchase or construction would adversely impact the price of such site, lease, sale, purchase or construction until such time as all of the property has been acquired or all proceedings or transactions sSB183 / File No.
(D) discussion of the selection of a site or the lease, sale or purchase of real estate by the stateorapoliticalsubdivisionofthestatewhenpublicityregardingsuch site, lease, sale, purchase or construction would adversely impact the price of such site, lease, sale, purchase or construction until such time as all of the property has been acquired or all proceedings or transactions concerning same have been terminated or abandoned;
441 9 sSB183 File No.
441 concerning same have been terminated or abandoned;
(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 LCO No.
(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 (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 sSB183 / File No.
4965 10 of 11 Committee Bill No.
441 10 sSB183 File No.
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183 (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.
441 management of the program and such policies or decisions bind the public agency.
5 from passage 1-200 Statement of Purpose:
5 from passage 1-200 GAE Joint Favorable Subst.
To permit public agencies to conduct remote meetings under the Freedom of Information Act.
sSB183 / File No.
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] SEN.
441 11 sSB183 File No.
HASKELL, 26th Dist.;
441 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.
ALLIE-BRENNAN, 2nd 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.
Co-Sponsors:
OFA Fiscal Note State Impact:
REP.
Agency Affected Fund-Effect FY 22 $ FY 23 $ Freedom of Information Com.
HUGHES, 135th Dist.
GF - Potential See Below See Below Cost Note:
S.B.
GF=General Fund Municipal Impact:
183 LCO No.
None Explanation This bill allows public agencies to hold meetings remotely through a conference call, videoconference, or other technology.
4965 11 of 11
The bill specifies that public agency meetings held remotely in compliance with its requirements satisfy the Freedom of Information Act’s (FOIA’s) requirement that these meetings be open to the public.
This bill is anticipated to increase the number of complaints that the Freedom of Information Commission (FOIC) receives.
Depending on the number of complaints, FOIC may need an additional staff attorney to handle the increased workload.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.
sSB183 / File No.
441 12 sSB183 File No.
441 OLR Bill Analysis sSB 183 AN ACT CONCERNING REMOTE MEETINGS UNDER THE FREEDOM OF INFORMATION ACT.
SUMMARY This bill allows public agencies to hold meetings remotely through conference call, videoconference, or other technology.
(In doing so, it generally codifies Executive Order 7B (§ 1), which the governor issued on March 14, 2020, effective for the duration of the declared public health and civil preparedness emergencies.) The bill specifies that public agency meetings held remotely in compliance with its requirements satisfy the Freedom of Information Act’s (FOIA’s) requirement that these meetings be open to the public.
It makes numerous conforming changes, including allowing public agencies to go into executive session during a remote meeting for the same reasons that they may do so for an in-person meeting (e.g., to discuss pending litigation).
Additionally, the bill allows notices of a special meeting to be electronically sent to a public agency’s members rather than delivered totheirhomesascurrentlawrequires.Currentlawalsoallowsmembers 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.
(A special meeting is one that is held to consider business that (1) was unforeseen when scheduling regular meetingsand (2) should be addressed before the next regular meeting.) The bill also allows public agencies, when a remote meeting is adjourned because all members are absent, to post a notice of adjournment in a conspicuous place on their websites.
Current law requires that this notice be posted on or near the door of the meeting’s sSB183 / File No.
441 13 sSB183 File No.
441 location.
Lastly, the bill makes technical changes.
EFFECTIVE DATE:
Upon passage REMOTELY HELD MEETINGS Under current law, FOIA’s definition of “meeting” includes those held by electronic equipment, but it does not explicitly authorize, or establish proceduresfor,telephone or other remotely heldmeetings(see BACKGROUND).
The bill explicitly allows remotely held meetings under FOIA, subject to the following conditions:
1.
The public must be able to view or listen to the meeting (other than executive sessions) in real-time throughtelephone, video, or other technology.
2.
With the exception of an executive session, the meeting must be recorded or transcribed, with the recording or transcript posted on the agency’s website within seven days after the meeting and made available in the agency’s office within a reasonable period of time.
(The bill does not specify a deadline for making the recording or transcript available in the office.) 3.
The meeting notice and agenda must be posted on the agency’s website and include information about how the public can access the meeting and what technology it will use.
4.
Materials relevant to the agenda must be (a) submitted to the agency at least 24 hours before the meeting and (b) posted on the agency’s website for inspection before, during, and after the meeting.
5.
Exhibits submitted by the public must, to the extent feasible, be (a) submitted to the agency at least 24 hours before the meeting and (b) posted on the agency’s website for inspection before, sSB183 / File No.
441 14 sSB183 File No.
441 during, and after the meeting.
6.
Meeting participants must state their name and title (if applicable) eachtime before speaking unlessthepresiding officer has already called his or her name.
The bill requires that agendas for remotely held meetings comply with FOIA’s existing deadlines for making meeting agendas (e.g., posted at least 24 hours in advance of a regular meeting).
Current law requires public agencies, other than those of political subdivisions (e.g., municipalities), to post meeting minutes on their website within seven days after the meeting.
The bill subjects public agencies of political subdivisions to the online posting requirement for any remotely held meetings.
BACKGROUND Related Bills HB 6651 and SB 1074, reported favorably by the Government Administration and Elections Committee, authorize remote meetings under nearly identical conditions as those in the bill.
sHB 6448, reported favorably by the Planning and Development Committee, authorizes remote meetings under similar conditions as those in the bill.
HB 6641, reported favorably by the Planning and Development Committee, authorizes remote meetings under similar conditions as those in the bill.
Telephone Meetings Under FOIA Although FOIA currently does not explicitly authorize telephone or other remotely held meetings, its definition of “meeting” includes those held by electronic equipment (CGS § 1-200(2)).
In its only advisory opinion on the subject, the Freedom of Information Commission (FOIC) advised that public agencies conducting business over the phone must comply with FOIA’s open sSB183 / File No.
441 15 sSB183 File No.
441 meeting requirements.
According to FOIC, agencies must make sure that the public has “access to the entire proceedings taking place during the course of a meeting.” Specifically, the commission advised that the meeting must comply with at least the following:
1.
members of the public who want to attend the meeting must be accommodated at a place where the greatest number of participating agency members are located;
2.
people attending the meeting, including members of the public, must be able to see and inspect copies of any physical or demonstrable materials presented or used;
and 3.
all those attending the meeting, at whatever location, must be able to hear and identify adequately all participants in the proceedings, including individual remarks and votes (Advisory Opinion 41, 1980).
COMMITTEE ACTION Government Administration and Elections Committee Joint Favorable Substitute Yea 15 Nay 3 (03/29/2021) sSB183 / File No.
441 16
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Action History

  1. FILE NO. 441

  2. SENATE CALENDAR NUMBER 272

  3. FAV. RPT., TAB. FOR CAL., SEN.

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/13/21

  6. FILED WITH LCO

  7. Joint Favorable Substitute

  8. PUBLIC HEARING 0317

  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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5 sponsors · 0 co-sponsors · 182 not signed on

Sponsors (5)

Co-sponsors (0)

None.

Not signed on (182)

182 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 SB 183?
SB 183 is sponsored by Saud Anwar (Democratic), Haskell, Will, Anne M. Hughes (Democratic), Winkler, Michael A., and Raghib Allie-Brennan (Democratic).
What is the current status of SB 183?
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.
Where can I track SB 183?
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