PA 18-104—HB 5233

Veterans' Affairs Committee

Government Administration and Elections Committee

AN ACT CONCERNING RECORDKEEPING DUTIES OF THE ADJUTANT GENERAL

SUMMARY: This act specifies that requests for Military Department records and documents generated and maintained by the adjutant general under either state or federal law must be processed under their respective state or federal Freedom of Information Act (FOIA).

The act also specifies that the records the adjutant general keeps are service records.

It also requires the adjutant general to generate Military Department records and documents instead of just maintaining them.

EFFECTIVE DATE: July 1, 2018

BACKGROUND

Eberg v. Human Resources Manager, State of Connecticut, Military Department, et al.

In Eberg v. Human Resources Manager, State of Connecticut, Military Department, et al., the Freedom of Information Commission concluded that records maintained by the National Guard exclusively as federal records were outside the state FOIA's jurisdiction (Docket #FIC 2014-879).

The Connecticut National Guard Dual-Status Standing

The Connecticut National Guard has a dual-status standing due to its service as part of the state militia and as a reserve component of the United States Armed Forces. As such, the Connecticut National Guard accesses and maintains both state and federal records and documents.