STATE OF CONNECTICUT
Substitute Bill No. 1238 Page 1
LCO No.
General Assembly
January Session, A.D., 1997
AN ACT CONCERNING TECHNICAL AMENDMENTS TO FREEDOM OF INFORMATION,
GOVERNMENT ADMINISTRATION AND ELECTIONS STATUTES.
Be it enacted by the Senate and House of Representatives in
General Assembly convened:
Section 1. Section 1-18a of the general statutes is repealed
and the following is substituted in lieu thereof:
As used in this chapter, the following words and phrases
shall have the following meanings, except where such terms are
used in a context which clearly indicates the contrary:
[(a)] (1) "Public agency" or "agency" means 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, authority
or official 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 in respect to its
or their administrative functions.
[(b)] (2) "Meeting" means any hearing or other proceeding of
a public agency, any convening or assembly of a quorum of a
multimember public agency, and any communication by or to a
quorum of a multimember public agency, whether in person or by
means of electronic equipment, to discuss or act upon a matter
over which the public agency has supervision, control,
jurisdiction or advisory power. "Meeting" shall not include: Any
meeting of a personnel search committee for executive level
employment candidates; any chance meeting, or a social meeting
neither planned nor intended for the purpose of discussing
matters relating to official business; strategy or negotiations
with respect to collective bargaining; a caucus of members of a
single political party notwithstanding that such members also
constitute a quorum of a public agency; an administrative or
staff meeting of a single-member public agency; and communication
limited to notice of meetings of any public agency or the agendas
thereof. A QUORUM OF THE MEMBERS OF A PUBLIC AGENCY WHO ARE
PRESENT AT ANY EVENT WHICH HAS BEEN NOTICED AND CONDUCTED AS A
MEETING OF ANOTHER PUBLIC AGENCY UNDER THE PROVISIONS OF THE
FREEDOM OF INFORMATION ACT SHALL NOT BE DEEMED TO BE HOLDING A
MEETING OF THE PUBLIC AGENCY OF WHICH THEY ARE MEMBERS AS A
RESULT OF THEIR PRESENCE AT SUCH EVENT.
(3) "Caucus" means 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.
[(c)] (4) "Person" means natural person, partnership,
corporation, limited liability company, association or society.
[(d)] (5) "Public records or files" means any recorded data
or information relating to the conduct of the public's business
prepared, owned, used, received or retained by a public agency,
whether such data or information be handwritten, typed,
tape-recorded, printed, photostated, photographed or recorded by
any other method.
[(e)] (6) "Executive sessions" means a meeting of a public
agency at which the public is excluded for one or more of the
following purposes: [(1)] (A) Discussion concerning the
appointment, employment, performance, evaluation, health or
dismissal of a public officer or employee, provided that such
individual may require that discussion be held at an open
meeting; [(2)] (B) strategy and negotiations with respect to
pending claims or pending litigation to which the public agency
or a member thereof, because of his conduct as a member of such
agency, is a party until such litigation or claim has been
finally adjudicated or otherwise settled; [(3)] (C) matters
concerning security strategy or the deployment of security
personnel, or devices affecting public security; [(4)] (D)
discussion of the selection of a site or the lease, sale or
purchase of real estate by a political subdivision of the state
when publicity regarding such site, lease, sale, purchase or
construction would cause a likelihood of increased price until
such time as all of the property has been acquired or all
proceedings or transactions concerning same have been terminated
or abandoned; and [(5)] (E) discussion of any matter which would
result in the disclosure of public records or the information
contained therein described in subsection (b) of section 1-19, AS
AMENDED BY SECTION 4 OF THIS ACT.
[(f)] (7) "Personnel search committee" means a body appointed
by a public agency, whose sole purpose is to recommend to the
appointing agency a candidate or candidates for an
executive-level employment position. Members of a "personnel
search committee" shall not be considered in determining whether
there is a quorum of the appointing or any other public agency.
[(g)] (8) "Pending claim" means a written notice to an agency
which sets forth a demand for legal relief or which asserts a
legal right stating the intention to institute an action in an
appropriate forum if such relief or right is not granted.
[(h)] (9) "Pending litigation" means [(1)] (A) a written
notice to an agency 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; [(2)] (B) the service of a complaint against an
agency returnable to a court which seeks to enforce or implement
legal relief or a legal right; or [(3)] (C) the agency's
consideration of action to enforce or implement legal relief or a
legal right.
[(i) A quorum of the members of a public agency who are
present at any event which has been noticed and conducted as a
meeting of another public agency under the provisions of this
chapter shall not be deemed to be holding a meeting of the public
agency of which they are a member as a result of their presence
at such event.]
(10) "FREEDOM OF INFORMATION ACT" MEANS SECTIONS 1-15, 1-18a,
1-19, 1-19a, 1-19b, 1-20a, 1-20b, 1-20c, 1-20e, 1-20f, 1-21,
1-21a, 1-21c, 1-21d, 1-21e, 1-21f, 1-21g, 1-21h, 1-21i, 1-21j,
1-21k, AND 1-21l, AS AMENDED BY THIS ACT.
Sec. 2. Subsection (a) of section 1-15 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(a) Any person applying in writing shall receive, promptly
upon request, a plain or certified copy of any public record. The
fee for any copy provided in accordance with [this section and
sections 1-18a, 1-19, 1-19b, 1-21 to 1-21k, inclusive,] THE
FREEDOM OF INFORMATION ACT (1) by an executive, administrative or
legislative office of the state, a state agency or a department,
institution, bureau, board, commission, authority or official of
the state, including a committee of, or created by, such an
office, agency, department, institution, bureau, board,
commission, authority or official, and also including any
judicial office, official or body or committee thereof but only
in respect to its or their administrative functions, shall not
exceed twenty-five cents per page, and (2) by all other public
agencies, as defined in section 1-18a, AS AMENDED BY SECTION 1 OF
THIS ACT, shall not exceed fifty cents per page. If any copy
provided in accordance with said [sections] FREEDOM OF
INFORMATION ACT requires a transcription, or if any person
applies for a transcription of a public record, the fee for such
transcription shall not exceed the cost thereof to the public
agency.
Sec. 3. Subsection (c) of section 1-15 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(c) A public agency may require the prepayment of any fee
required or permitted under [this chapter] THE FREEDOM OF
INFORMATION ACT if such fee is estimated to be ten dollars or
more. The sales tax provided in chapter 219 shall not be imposed
upon any transaction for which a fee is required or permissible
under this section or section 1-21c.
Sec. 4. Subsection (b) of section 1-19 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(b) Nothing in [sections 1-15, 1-18a, 1-19 to 1-19b,
inclusive, and 1-21 to 1-21k, inclusive,] THE FREEDOM OF
INFORMATION ACT shall be construed to require disclosure of (1)
preliminary drafts or notes provided the public agency has
determined that the public interest in withholding such documents
clearly outweighs the public interest in disclosure; (2)
personnel or medical files and similar files the disclosure of
which would constitute an invasion of personal privacy; (3)
records of law enforcement agencies not otherwise available to
the public which records were compiled in connection with the
detection or investigation of crime, if the disclosure of said
records would not be in the public interest because it would
result in the disclosure of (A) the identity of informants not
otherwise known or the identity of witnesses not otherwise known
whose safety would be endangered or who would be subject to
threat or intimidation if their identity was made known, (B)
signed statements of witnesses, (C) information to be used in a
prospective law enforcement action if prejudicial to such action,
(D) investigatory techniques not otherwise known to the general
public, (E) arrest records of a juvenile, which shall also
include any investigatory files, concerning the arrest of such
juvenile, compiled for law enforcement purposes, (F) the name and
address of the victim of a sexual assault under section 53a-70,
53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, or injury or risk
of injury, or impairing of morals under section 53-21, or of an
attempt thereof, or (G) uncorroborated allegations subject to
destruction pursuant to section 1-20c; (4) records pertaining to
strategy and negotiations with respect to pending claims or
pending litigation to which the public agency is a party until
such litigation or claim has been finally adjudicated or
otherwise settled; (5) trade secrets, which for purposes of
[sections 1-15, 1-18a, 1-19 to 1-19b, inclusive, and 1-21 to
1-21k, inclusive] THE FREEDOM OF INFORMATION ACT, are defined as
unpatented, secret, commercially valuable plans, appliances,
formulas or processes, which are used for the making, preparing,
compounding, treating or processing of articles or materials
which are trade commodities obtained from a person and which are
recognized by law as confidential, and commercial or financial
information given in confidence, not required by statute; (6)
test questions, scoring keys and other examination data used to
administer a licensing examination, examination for employment or
academic examinations; (7) the contents of real estate
appraisals, engineering or feasibility estimates and evaluations
made for or by an agency relative to the acquisition of property
or to prospective public supply and construction contracts, until
such time as all of the property has been acquired or all
proceedings or transactions have been terminated or abandoned,
provided the law of eminent domain shall not be affected by this
provision; (8) statements of personal worth or personal financial
data required by a licensing agency and filed by an applicant
with such licensing agency to establish his personal
qualification for the license, certificate or permit applied for;
(9) records, reports and statements of strategy or negotiations
with respect to collective bargaining; (10) records, tax returns,
reports and statements exempted by federal law or state statutes
or communications privileged by the attorney-client relationship;
(11) names or addresses of students enrolled in any public school
or college without the consent of each student whose name or
address is to be disclosed who is eighteen years of age or older
and a parent or guardian of each such student who is younger than
eighteen years of age, provided this subdivision shall not be
construed as prohibiting the disclosure of the names or addresses
of students enrolled in any public school in a regional school
district to the board of selectmen or town board of finance, as
the case may be, of the town wherein the student resides for the
purpose of verifying tuition payments made to such school; (12)
any information obtained by the use of illegal means; (13)
records of an investigation or the name of an employee providing
information under the provisions of section 4-61dd; (14) adoption
records and information provided for in sections 45a-746, 45a-750
and 45a-751; (15) any page of a primary petition, nominating
petition, referendum petition or petition for a town meeting
submitted under any provision of the general statutes or of any
special act, municipal charter or ordinance, until the required
processing and certification of such page has been completed by
the official or officials charged with such duty after which time
disclosure of such page shall be required; (16) records of
complaints, including information compiled in the investigation
thereof, brought to a municipal health authority pursuant to
chapter 368e or a district department of health pursuant to
chapter 368f, until such time as the investigation is concluded
or thirty days from the date of receipt of the complaint,
whichever occurs first.
Sec. 5. Section 1-19a of the general statutes is repealed and
the following is substituted in lieu thereof:
(a) Any public agency which maintains public records in a
computer storage system shall provide, to any person making a
request pursuant to [this chapter] THE FREEDOM OF INFORMATION
ACT, a copy of any nonexempt data contained in such records,
properly identified, on paper, disk, tape or any other electronic
storage device or medium requested by the person, if the agency
can reasonably make such copy or have such copy made. Except as
otherwise provided by state statute, the cost for providing a
copy of such data shall be in accordance with the provisions of
section 1-15, AS AMENDED BY SECTION 3 OF THIS ACT.
(b) Except as otherwise provided by state statute, no public
agency shall enter into a contract with, or otherwise obligate
itself to, any person if such contract or obligation impairs the
right of the public under [this chapter] THE FREEDOM OF
INFORMATION ACT to inspect or copy the agency's nonexempt public
records existing on-line in, or stored on a device or medium used
in connection with, a computer system owned, leased or otherwise
used by the agency in the course of its governmental functions.
(c) On and after July 1, 1992, before any public agency
acquires any computer system, equipment or software to store or
retrieve nonexempt public records, it shall consider whether such
proposed system, equipment or software adequately provides for
the rights of the public under [this chapter] THE FREEDOM OF
INFORMATION ACT at the least cost possible to the agency and to
persons entitled to access to nonexempt public records under
[this chapter] THE FREEDOM OF INFORMATION ACT. In meeting its
obligations under this subsection, each state public agency shall
consult with the Office of Information and Technology as part of
the agency's design analysis prior to acquiring any such computer
system, equipment or software. The Office of Information and
Technology shall adopt written guidelines to assist municipal
agencies in carrying out the purposes of this subsection. Nothing
in this subsection shall require an agency to consult with said
office prior to acquiring a system, equipment or software or
modifying software, if such acquisition or modification is
consistent with a design analysis for which such agency has
previously consulted with said office. The Office of Information
and Technology shall consult with the Freedom of Information
Commission on matters relating to access to and disclosure of
public records for the purposes of this subsection. The
provisions of this subsection shall not apply to software
modifications which would not affect the rights of the public
under [this chapter] THE FREEDOM OF INFORMATION ACT.
Sec. 6. Section 1-19b of the general statutes is repealed and
the following is substituted in lieu thereof:
(a) [Sections 1-15, 1-18a, 1-19 to 1-19b, inclusive, and 1-21
to 1-21k, inclusive,] THE FREEDOM OF INFORMATION ACT shall be:
(1) Construed as requiring each public agency to open its records
concerning the administration of such agency to public
inspection; and (2) construed as requiring each public agency to
disclose information in its personnel files, birth records or
confidential tax records to the individual who is the subject of
such information.
(b) Nothing in [sections 1-15, 1-18a, 1-19 to 1-19b,
inclusive, and 1-21 to 1-21k, inclusive,] THE FREEDOM OF
INFORMATION ACT shall be deemed in any manner to (1) affect the
status of judicial records as they existed prior to October 1,
1975, nor to limit the rights of litigants, including parties to
administrative proceedings, under the laws of discovery of this
state, or (2) require disclosure of any record of a personnel
search committee which, because of name or other identifying
information, would reveal the identity of an executive level
employment candidate without the consent of such candidate.
Sec. 7. Section 1-20e of the general statutes is repealed and
the following is substituted in lieu thereof:
Any public agency may petition the Freedom of Information
Commission before establishing a committee of the public agency
which is to be composed entirely of individuals who are not
members of the agency, to determine whether such committee may be
exempted from the application of any provision of [sections 1-15,
1-18a, 1-19 to 1-19c, inclusive, and 1-20a to 1-21k, inclusive]
THE FREEDOM OF INFORMATION ACT. If the commission, in its
judgment, finds by reliable, probative and substantial evidence
that the public interest in exempting the committee from the
application of any such provision clearly outweighs the public
interest in applying the provision to the committee, the
commission shall issue an order, on appropriate terms, exempting
the committee from the application of the provision.
Sec. 8. Section 1-21 of the general statutes is repealed and
the following is substituted in lieu thereof:
(a) The meetings of all public agencies, except executive
sessions as defined in [subsection (e)] SUBDIVISION (6) of
section 1-18a, AS AMENDED BY SECTION 1 OF THIS ACT, shall be open
to the public. The votes of each member of any such public agency
upon any issue before such public agency shall be reduced to
writing and made available for public inspection within
forty-eight hours and shall also be recorded in the minutes of
the session at which taken, which minutes shall be available for
public inspection within seven days of the session to which they
refer. 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, except that such
provision shall not apply to the General Assembly, either house
thereof or to any committee thereof. Any other provision of
[sections 1-15, 1-18a, 1-19 to 1-19b, inclusive, and 1-21 to
1-21k, inclusive,] THE FREEDOM OF INFORMATION ACT
notwithstanding, the General Assembly at the commencement of each
regular session in the odd-numbered years, shall adopt, as part
of its joint rules, rules to provide notice to the public of its
regular, special, emergency or interim committee meetings. The
chairman or secretary of any such public agency of any political
subdivision of the state shall file, not later than January
thirty-first of each year, with the clerk of such subdivision the
schedule of regular meetings of such public agency for the
ensuing year, and no such meeting of any such public agency shall
be held sooner than thirty days after such schedule has been
filed. The chief executive officer of any multitown district or
agency shall file, not later than January thirty-first of each
year, with the clerk of each municipal member of such district or
agency, the schedule of regular meetings of such public agency
for the ensuing year, and no such meeting of any such public
agency shall be held sooner than thirty days after such schedule
has been filed. The agenda of the regular meetings of every
public agency, except for the general assembly, shall be
available to the public and shall be filed, not less than
twenty-four hours before the meetings to which they refer, in
such agency's regular office or place of business or, if there is
no such office or place of business, 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 or in the office
of the clerk of each municipal member of any multitown district
or agency. Upon the affirmative vote of two-thirds of the members
of a public agency present and voting, any subsequent business
not included in such filed agendas may be considered and acted
upon at such meetings. Notice of each special meeting of every
public agency, except for the General Assembly, either house
thereof or any committee thereof, shall be 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 secretary or clerk shall cause any notice received
under this section to be posted in his office. Such notice shall
be given not less than twenty-four hours prior to the time of the
special meeting; provided, in case of emergency, except for the
General Assembly, either house thereof or any committee thereof,
any such special meeting may be held without complying with the
foregoing requirement for the filing of notice but a copy of the
minutes of every such emergency special meeting adequately
setting forth the nature of the emergency and the proceedings
occurring at such meeting shall be filed with the Secretary of
the State, the clerk of such political subdivision, or the clerk
of each municipal member of such multitown district or agency, as
the case may be, not later than seventy-two hours following the
holding of such meeting. The notice shall specify the time and
place of the special meeting and the business to be transacted.
No other business shall be considered at such meetings by such
public agency. In addition, such written notice shall be
delivered to the usual place of abode of each member of the
public agency so that the same is received prior to such special
meeting. The requirement of delivery of such written notice may
be dispensed with as to any member who at or prior to the time
the meeting convenes files with the clerk or secretary of the
public agency a written waiver of delivery of such notice. Such
waiver may be given by telegram. The requirement of delivery of
such written notice may also be dispensed with as to any member
who is actually present at the meeting at the time it convenes.
Nothing in this section shall be construed to prohibit any agency
from adopting more stringent notice requirements. No member of
the public shall be required, as a condition to attendance at a
meeting of any such body, to register his name, or furnish other
information, or complete a questionnaire or otherwise fulfill any
condition precedent to his attendance. A public agency may hold
an executive session as defined in [subsection (e)] SUBDIVISION
(6) of section 1-18a, AS AMENDED BY SECTION 1 OF THIS ACT, upon
an affirmative vote of two-thirds of the members of such body
present and voting, taken at a public meeting and stating the
reasons for such executive session, as defined in said section
1-18a.
(b) In determining the time within which or by when a notice,
agenda or other information is required to be given, made
available, posted or filed, under subsection (a) OF THIS SECTION,
Saturdays, Sundays, legal holidays and any day on which the
office of the agency, the Secretary of the State or the clerk of
the applicable political subdivision or the clerk of each
municipal member of any multitown district or agency, as the case
may be, is closed, shall be excluded.
Sec. 9. Subsection (b) of section 1-21g of the general
statutes is repealed and the following is substituted in lieu
thereof:
(b) An executive session may not be convened to receive or
discuss oral communications that would otherwise be privileged by
the attorney-client relationship if the agency were a
nongovernmental entity, unless the executive session is for a
purpose explicitly permitted pursuant to [subsection (e)]
SUBDIVISION (6) of section 1-18a, AS AMENDED BY SECTION 1 OF THIS
ACT.
Sec. 10. Subsection (b) of section 1-21i of the general
statutes is repealed and the following is substituted in lieu
thereof:
(b) (1) Any person denied the right to inspect or copy
records under section 1-19, AS AMENDED BY SECTION 4 OF THIS ACT,
or wrongfully denied the right to attend any meeting of a public
agency or denied any other right conferred by [sections 1-15,
1-18a, 1-19 to 1-19b, inclusive, 1-20a and 1-21 to 1-21k,
inclusive,] THE FREEDOM OF INFORMATION ACT may appeal therefrom
to the Freedom of Information Commission, by filing a notice of
appeal with said commission. A notice of appeal shall be filed
within thirty days after such denial, except in the case of an
unnoticed or secret meeting, in which case the appeal shall be
filed within thirty days after the person filing the appeal
receives notice in fact that such meeting was held. For purposes
of this subsection, such notice of appeal shall be deemed to be
filed on the date it is received by said commission or on the
date it is postmarked, if received more than thirty days after
the date of the denial from which such appeal is taken. Upon
receipt of such notice, the commission shall serve upon all
parties, by certified or registered mail, a copy of such notice
together with any other notice or order of such commission. In
the case of the denial of a request to inspect or copy records
contained in a public employee's personnel or medical file or
similar file under subsection (c) of section 1-20a, the
commission shall include with its notice or order an order
requiring the public agency to notify any employee whose records
are the subject of an appeal, and the employee's collective
bargaining representative, if any, of the commission's
proceedings and, if any such employee or collective bargaining
representative has filed an objection under said subsection (c),
the agency shall provide the required notice to such employee and
collective bargaining representative by certified mail, return
receipt requested or by hand delivery with a signed receipt. A
public employee whose personnel or medical file or similar file
is the subject of an appeal under this subsection may intervene
as a party in the proceedings on the matter before the
commission. Said commission shall, after due notice to the
parties, hear and decide the appeal within one year after the
filing of the notice of appeal. The commission shall adopt
regulations in accordance with chapter 54, establishing criteria
for those appeals which shall be privileged in their assignment
for hearing. Any such appeal shall be heard within thirty days
after receipt of a notice of appeal and decided within sixty days
after the hearing. If a notice of appeal concerns an announced
agency decision to meet in executive session or an ongoing agency
practice of meeting in executive sessions, for a stated purpose,
the commission or a member or members of the commission
designated by its chairperson shall serve notice upon the parties
in accordance with this section and hold a preliminary hearing on
the appeal within seventy-two hours after receipt of the notice,
provided such notice shall be given to the parties at least
forty-eight hours prior to such hearing. If after the preliminary
hearing the commission finds probable cause to believe that the
agency decision or practice is in violation of sections 1-18a, AS
AMENDED BY SECTION 1 OF THIS ACT, and 1-21, AS AMENDED BY SECTION
8 OF THIS ACT, the agency shall not meet in executive session for
such purpose until the commission decides the appeal. If probable
cause is found by the commission, it shall conduct a final
hearing on the appeal and render its decision within five days of
the completion of the preliminary hearing.
(2) In any appeal to the Freedom of Information Commission
under subdivision (1) of this subsection or subsection (c) of
this section, the commission may confirm the action of the agency
or order the agency to provide relief that the commission, in its
discretion, believes appropriate to rectify the denial of any
right conferred by [sections 1-15, 1-18a, 1-19 to 1-19b,
inclusive, 1-20a, and 1-21 to 1-21k, inclusive] THE FREEDOM OF
INFORMATION ACT. The commission may declare null and void any
action taken at any meeting which a person was denied the right
to attend and may require the production or copying of any public
record. In addition, upon the finding that a denial of any right
created by [sections 1-15, 1-18a, 1-19 to 1-19b, inclusive, and
1-21 to 1-21k, inclusive,] THE FREEDOM OF INFORMATION ACT was
without reasonable grounds and after the custodian or other
official directly responsible for the denial has been given an
opportunity to be heard at a hearing conducted in accordance with
sections 4-176e to 4-184, inclusive, the commission may, in its
discretion, impose against the custodian or other official a
civil penalty of not less than twenty dollars nor more than one
thousand dollars. If the commission finds that a person has taken
an appeal under this subsection frivolously, without reasonable
grounds and solely for the purpose of harassing the agency from
which the appeal has been taken, after such person has been given
an opportunity to be heard at a hearing conducted in accordance
with sections 4-176e to 4-184, inclusive, the commission may, in
its discretion, impose against that person a civil penalty of not
less than twenty dollars nor more than one thousand dollars. The
commission shall notify a person of a penalty levied against him
pursuant to this subsection by written notice sent by certified
or registered mail. If a person fails to pay the penalty within
thirty days of receiving such notice, the superior court for the
judicial district of Hartford-New Britain* shall, on application
of the commission, issue an order requiring the person to pay the
penalty imposed. If the executive director of the commission has
reason to believe an appeal under subdivision (1) of this
subsection or subsection (c) of this section (A) presents a claim
beyond the commission's jurisdiction; (B) would perpetrate an
injustice; or (C) would constitute an abuse of the commission's
administrative process, the executive director shall not schedule
the appeal for hearing without first seeking and obtaining leave
of the commission. The commission shall provide due notice to the
parties and review affidavits and written argument that the
parties may submit and grant or deny such leave summarily at its
next regular meeting. The commission shall grant such leave
unless it finds that the appeal: (i) Does not present a claim
within the commission's jurisdiction; (ii) would perpetrate an
injustice; or (iii) would constitute an abuse of the commission's
administrative process. Any party aggrieved by the commission's
denial of such leave may apply to the superior court for the
judicial district of Hartford-New Britain*, within fifteen days
of the commission meeting at which such leave was denied, for an
order requiring the commission to hear such appeal.
(3) In making the findings and determination under
subdivision (2) of this subsection the commission shall consider
the nature of any injustice or abuse of administrative process,
including but not limited to: (A) The nature, content, language
or subject matter of the request or the appeal; (B) the nature,
content, language or subject matter of prior or contemporaneous
requests or appeals by the person making the request or taking
the appeal; and (C) the nature, content, language or subject
matter of other verbal and written communications to any agency
or any official of any agency from the person making the request
or taking the appeal.
(4) Notwithstanding any provision of this subsection to the
contrary, in the case of an appeal to the commission of a denial
by a public agency, the commission may, upon motion of such
agency, confirm the action of the agency and dismiss the appeal
without a hearing if it finds, after examining the notice of
appeal and construing all allegations most favorably to the
appellant, that the agency has not violated the Freedom of
Information Act.
Sec. 11. Subsection (c) of section 1-21i of the general
statutes is repealed and the following is substituted in lieu
thereof:
(c) Any person who does not receive proper notice of any
meeting of a public agency in accordance with the provisions of
[sections 1-15, 1-18a, 1-19 to 1-19b, inclusive, and 1-21 to
1-21k, inclusive,] THE FREEDOM OF INFORMATION ACT may appeal
under the provisions of subsection (b) of this section. A public
agency of the state shall be presumed to have given timely and
proper notice of any meeting as provided for in said [sections]
FREEDOM OF INFORMATION ACT if notice is given in the Connecticut
Law Journal or a Legislative Bulletin. A public agency of a
political subdivision shall be presumed to have given proper
notice of any meeting, if a notice is timely sent under the
provisions of said [sections] FREEDOM OF INFORMATION ACT by
first-class mail to the address indicated in the request of the
person requesting the same. If such commission determines that
notice was improper, it may, in its sound discretion, declare any
or all actions taken at such meeting null and void.
Sec. 12. Subsection (e) of section 1-21i of the general
statutes is repealed and the following is substituted in lieu
thereof:
(e) Within sixty days after the filing of a notice of appeal
alleging violation of any right conferred by [sections 1-15,
1-18a, 1-19 to 1-19c, inclusive, 1-20a and 1-21 to 1-21k,
inclusive,] THE FREEDOM OF INFORMATION ACT concerning records of
the Department of Environmental Protection relating to the
state's hazardous waste program under sections 22a-448 to
22a-454, inclusive, the Freedom of Information Commission shall,
after notice to the parties, hear and decide the appeal. Failure
by the commission to hear and decide the appeal within such
sixty-day period shall constitute a final decision denying such
appeal for purposes of [sections 1-21i] THIS SECTION and SECTION
4-183. On appeal, the court may, in addition to any other powers
conferred by law, order the disclosure of any such records
withheld in violation of [sections 1-15, 1-18a, 1-19 to 1-19c,
inclusive, 1-20a and 1-21 to 1-21k, inclusive,] THE FREEDOM OF
INFORMATION ACT and may assess against the state reasonable
attorney's fees and other litigation costs reasonably incurred in
an appeal in which the complainant has prevailed against the
Department of Environmental Protection.
Sec. 13. Subsection (d) of section 1-21j of the general
statutes is repealed and the following is substituted in lieu
thereof:
(d) The commission shall, subject to the provisions of
[sections 1-15, 1-18a, 1-19 to 1-19b, inclusive, and 1-21 to
1-21k, inclusive,] THE FREEDOM OF INFORMATION ACT promptly review
the alleged violation of said [sections] FREEDOM OF INFORMATION
ACT and issue an order pertaining to the same. Said commission
shall have the power to investigate all alleged violations of
said [sections] FREEDOM OF INFORMATION ACT and may for the
purpose of investigating any violation hold a hearing, administer
oaths, examine witnesses, receive oral and documentary evidence,
have the power to subpoena witnesses under procedural rules
adopted by the commission to compel attendance and to require the
production for examination of any books and papers which the
commission deems relevant in any matter under investigation or in
question. In case of a refusal to comply with any such subpoena
or to testify with respect to any matter upon which that person
may be lawfully interrogated, the superior court for the judicial
district of Hartford-New Britain*, on application of the
commission, may issue an order requiring such person to comply
with such subpoena and to testify; failure to obey any such order
of the court may be punished by the court as a contempt thereof.
Sec. 14. Section 1-21l of the general statutes is repealed
and the following is substituted in lieu thereof:
A public agency, as defined in [subsection (a)] SUBDIVISION
(1) of section 1-18a, AS AMENDED BY SECTION 1 OF THIS ACT, may
bring an action to the Superior Court against any person who was
denied leave by the Freedom of Information Commission to have his
appeal heard by the commission under subsection (b) of section
1-21i because the commission determined and found that such
appeal or the underlying request would perpetrate an injustice or
would constitute an abuse of the commission's administrative
process. The action authorized under this section shall be
limited to an injunction prohibiting such person from bringing
any further appeal to the commission which would perpetrate an
injustice or would constitute an abuse of the commission's
administrative process. If, after such an injunction is ordered,
the person subject to the injunction brings a further appeal to
the Freedom of Information Commission and the commission
determines that such appeal would perpetrate an injustice or
would constitute an abuse of the commission's administrative
process, such person shall be conclusively deemed to have
violated the injunction and such agency may seek further
injunctive and equitable relief, damages, attorney's fees and
costs, as the court may order.
Sec. 15. Subsection (b) of section 7-314 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(b) The records and meetings of a volunteer fire department
which is established by municipal charter or constituted as a
not-for-profit Connecticut corporation shall not be subject to
the provisions of [sections 1-15, 1-18a, 1-19 to 1-19b,
inclusive, and 1-21 to 1-21k, inclusive] THE FREEDOM OF
INFORMATION ACT, AS DEFINED IN SECTION 1-18a, AS AMENDED BY
SECTION 1 OF THIS ACT, if such records and meetings concern
fraternal or social matters. Records and meetings concerning
matters of public safety, expenditures of public funds or other
public business shall be subject to disclosure under said
sections.
Sec. 16. Section 8-30h of the general statutes is repealed
and the following is substituted in lieu thereof:
On and after January 1, 1996, the developer, owner or manager
of an affordable housing development, developed pursuant to
subparagraph (B) of subdivision (1) of subsection (a) of section
8-30g, that includes rental units shall provide annual
certification to the commission that the development continues to
be in compliance with the covenants and deed restrictions
required under said section. If the development does not comply
with such covenants and deed restrictions, the developer, owner
or manager shall rent the next available units to persons and
families whose incomes satisfy the requirements of the covenants
and deed restrictions until the development is in compliance. The
commission may inspect the income statements of the tenants of
the restricted units upon which the developer, owner or manager
bases the certification. Such tenant statements shall be
confidential and shall not be deemed public records for the
purposes of [sections 1-15, 1-18a, 1-19 to 1-19b, inclusive, and
1-21 to 1-21k, inclusive] THE FREEDOM OF INFORMATION ACT, AS
DEFINED IN SECTION 1-18a, AS AMENDED BY SECTION 1 OF THIS ACT.
Sec. 17. Subdivision (14) of section 9-7b of the general
statutes is repealed and the following is substituted in lieu
thereof:
(14) To the extent that the Elections Enforcement Commission
is involved in the investigation of alleged or suspected criminal
violations of any provision of the general statutes pertaining to
or relating to any such election, primary or referendum and is
engaged in such investigation for the purpose of presenting
evidence to the Chief State's Attorney, the Elections Enforcement
Commission shall be deemed a law enforcement agency for purposes
of subdivision (3) of subsection (b) of section 1-19, provided
nothing in this section shall be construed to exempt the
Elections Enforcement Commission in any other respect from the
requirements of [sections 1-15, 1-18a, 1-19 to 1-19b, inclusive,
1-21, 1-21a and 1-21c to 1-21k, inclusive] THE FREEDOM OF
INFORMATION ACT, AS DEFINED IN SECTION 1-18a, AS AMENDED BY
SECTION 1 OF THIS ACT.
Sec. 18. Subsection (b) of section 12-148 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(b) Numbers used under subsection (a) of this section may be
Social Security numbers established under the Social Security
Act, (42 USC 301 et seq.), as amended from time to time.
Notwithstanding the provisions of [sections 1-15, 1-18a, 1-19 to
1-19b, inclusive, and 1-21 to 1-21k, inclusive] THE FREEDOM OF
INFORMATION ACT, AS DEFINED IN SECTION 1-18a, AS AMENDED BY
SECTION 1 OF THIS ACT, the tax collector shall withhold from
disclosure to any person or state or municipal board, commission,
department or agency any Social Security number provided under
this subsection.
Sec. 19. Section 12-659 of the general statutes is repealed
and the following is substituted in lieu thereof:
Notwithstanding the provisions of [sections 1-15, 1-18a, 1-19
to 1-19b, inclusive, and 1-21 to 1-21k, inclusive] THE FREEDOM OF
INFORMATION ACT, AS DEFINED IN SECTION 1-18a, AS AMENDED BY
SECTION 1 OF THIS ACT, the commissioner shall withhold from
disclosure to any person any information contained in a report or
return required under this chapter. No information contained in
such report or return may be used against the dealer in any
criminal proceeding, unless otherwise obtained, except in
connection with a proceeding involving taxes due under this
chapter from the taxpayer making the return.
Sec. 20. Subsection (a) of section 12-810 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(a) [Sections 1-15, 1-18a to 1-21a, inclusive, and 1-21c to
1-21l, inclusive] THE FREEDOM OF INFORMATION ACT, AS DEFINED IN
SECTION 1-18a, AS AMENDED BY SECTION 1 OF THIS ACT, shall apply
to all actions, meetings and records of the corporation, except
(1) where otherwise limited by subsection (c) of this section as
to new lottery games and serial numbers of unclaimed lottery
tickets, and (2) with respect to financial, credit and
proprietary information submitted by any person to the
corporation in connection with any proposal to provide goods,
services or professional advice to the corporation as provided in
section 12-815.
Sec. 21. Subsection (e) of section 16a-106 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(e) Notwithstanding the provisions of [sections 1-15, 1-18a,
1-19, 1-19a, 1-19b, 1-21, 1-21a and 1-21c to 1-21k, inclusive]
THE FREEDOM OF INFORMATION ACT, AS DEFINED IN SECTION 1-18a, AS
AMENDED BY SECTION 1 OF THIS ACT, the Commissioner of
Transportation shall not disclose to any person other than the
Commissioner of Environmental Protection or the Commissioner of
Public Safety any information provided the Commissioner of
Transportation pursuant to subsection (b) OF THIS SECTION prior
to the completion of such shipment to which such information
relates.
Sec. 22. Subsection (a) of section 19a-621 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(a) Individual patient data and individual plan enrollee data
identified by proper name or personal identification code
submitted pursuant to sections 19a-619 to 19a-622, inclusive,
shall be kept confidential, but aggregate reports from which
individual patient or plan enrollee data cannot be identified
shall be available to the public. Any records obtained, reviewed
by, or on file with the institute or Office of Health Care Access
that contain information concerning the medical treatment of
individual patients or the enrolment of any individual shall be
exempt from the provisions of [sections 1-15, 1-18a, 1-19 to
1-19b, inclusive, 1-21 to 1-21i, inclusive, 1-21l and 1-21k] THE
FREEDOM OF INFORMATION ACT, AS DEFINED IN SECTION 1-18a, AS
AMENDED BY SECTION 1 OF THIS ACT.
Sec. 23. Subsection (e) of section 21-100 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(e) Upon request of the licensing authority each such
licensed person shall make a weekly sworn statement, describing
the goods received and setting forth the name and address of each
person from whom goods were purchased, to the chief of police or
first selectman of each municipality in which he transacted
business that week. Such sworn statement shall not be deemed
public records for the purposes of [sections 1-15, 1-18a, 1-19 to
1-19b, inclusive, and 1-21 to 1-21k, inclusive] THE FREEDOM OF
INFORMATION ACT, AS DEFINED IN SECTION 1-18a, AS AMENDED BY
SECTION 1 OF THIS ACT.
Sec. 24. Section 26-313 of the general statutes is repealed
and the following is substituted in lieu thereof:
Notwithstanding the provisions of [sections 1-15, 1-19 and
1-19a] THE FREEDOM OF INFORMATION ACT, AS DEFINED IN SECTION
1-18a, AS AMENDED BY SECTION 1 OF THIS ACT, the Commissioner of
Environmental Protection may withhold from disclosure to any
person maps and records that disclose the location of any
essential habitat or that disclose the location of any threatened
species, endangered species, or species of special concern, upon
determination that disclosure of such information to such person
would create an unacceptable risk of destruction of, or harm to,
such habitat or species. Prior to disclosure of any maps or
records to any person, the commissioner may impose any reasonable
conditions including the condition that the person to whom the
information is disclosed furnish the commissioner with security
in an amount and kind sufficient to guarantee that such person
shall not destroy or harm, or cause to be destroyed or harmed,
any such habitat or species. Any person whose request for
disclosure has been denied shall be afforded the opportunity for
a hearing to establish that (1) the requested information should
be disclosed because disclosure would not create an unacceptable
risk of destruction of, or harm to, such habitat or species and
(2) the unreasonableness of any condition imposed, including the
amount or kind of any security to be established. Any hearing or
other proceeding pursuant to this section shall be held in
accordance with the provisions of chapter 54.
Sec. 25. Subsection (a) of section 42b-10 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(a) Records with regard to the ownership of or security
interests in registered public obligations shall not be subject
to inspection or copying under any law of this state relating to
the right of the public to inspect or copy public records,
including [sections 1-15 to 1-21, inclusive] THE FREEDOM OF
INFORMATION ACT, AS DEFINED IN SECTION 1-18a, AS AMENDED BY
SECTION 1 OF THIS ACT, notwithstanding any law to the contrary.
Sec. 26. Subsection (d) of section 4-168 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(d) Upon reaching a decision on whether to proceed with the
proposed regulation or to alter its text from that initially
proposed, the agency, at least twenty days before submitting the
proposed regulation to the standing legislative regulation review
committee, shall mail to all persons who have made submissions
pursuant to subdivision (6) of subsection (a) OF THIS SECTION or
who have made statements or oral arguments concerning the
proposed regulation and who have requested notification, notice
that it has decided to take action on the proposed regulation and
that it has made available for copying and inspection pursuant to
[chapter 3] THE FREEDOM OF INFORMATION ACT, AS DEFINED IN SECTION
1-18a, AS AMENDED BY SECTION 1 OF THIS ACT: (1) The final wording
of the proposed regulation; (2) a statement of the principal
reasons in support of its intended action; and (3) a statement of
the principal considerations in opposition to its intended action
as urged in written or oral comments on the proposed regulation
and its reasons for rejecting such considerations.
Sec. 27. Subsection (a) of section 4-180a of the general
statutes is repealed and the following is substituted in lieu
thereof:
(a) In addition to other requirements imposed by any
provision of law, each agency shall index, by name and subject,
all written orders and final decisions rendered on or after
October 1, 1989, and shall make them available for public
inspection and copying, to the extent required by [chapter 3] THE
FREEDOM OF INFORMATION ACT, AS DEFINED IN SECTION 1-18a, AS
AMENDED BY SECTION 1 OF THIS ACT.
Sec. 28. Subsection (a) of section 4-193 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(a) Inform each of its employees who operates or maintains a
personal data system or who has access to personal data, of the
provisions of (1) this chapter, (2) the agency's regulations
adopted pursuant to section 4-196, (3) [chapter 3] THE FREEDOM OF
INFORMATION ACT, AS DEFINED IN SECTION 1-18a, AS AMENDED BY
SECTION 1 OF THIS ACT, and (4) any other state or federal statute
or regulation concerning maintenance or disclosure of personal
data kept by the agency.
Sec. 29. Section 10-66aa of the general statutes is repealed
and the following is substituted in lieu thereof:
As used in sections 10-66aa to 10-66ff, inclusive:
(1) "Charter school" means a public, nonsectarian school
which is (A) established under a charter granted pursuant to
section 10-66bb, (B) organized as a nonprofit entity under state
law, (C) a public agency for purposes of [chapter 3] THE FREEDOM
OF INFORMATION ACT, AS DEFINED IN SECTION 1-18a, AS AMENDED BY
SECTION 1 OF THIS ACT, and (D) operated independently of any
local or regional board of education in accordance with the terms
of its charter and the provisions of sections 10-66aa to 10-66ff,
inclusive;
(2) "Local charter school" means a public school or part of a
public school that is converted into a charter school and is
approved by the local or regional board of education of the
school district in which it is located and by the State Board of
Education pursuant to subsection (e) of section 10-66bb; and
(3) "State charter school" means a new public school approved
by the State Board of Education pursuant to subsection (f) of
section 10-66bb.
Sec. 30. Subsection (c) of section 10a-3 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(c) The committee shall, on a rotating basis among its
members, elect its own chairman and secretary and such other
officers as it deems necessary, to serve for a term of two years.
The committee shall be deemed to be a public agency within the
scope of [chapter 3] THE FREEDOM OF INFORMATION ACT, AS DEFINED
IN SECTION 1-18a, AS AMENDED BY SECTION 1 OF THIS ACT, and shall
keep such records as may be appropriate.
Sec. 31. Subdivision (2) of subsection (e) of section
10a-109n of the general statutes is repealed and the following is
substituted in lieu thereof:
(2) All applications, supporting documentation and other
records submitted to the commissioner and pertaining to any
application for any license, permit, approval or other
administrative action, together with all records of the
proceedings of the commissioner relating to any license, permit,
approval or administrative action shall be a public record and
shall be made, maintained and disclosed in accordance with
[chapter 3] THE FREEDOM OF INFORMATION ACT, AS DEFINED IN SECTION
1-18a, AS AMENDED BY SECTION 1 OF THIS ACT.
Sec. 32. Subsection (e) of section 16-262c of the general
statutes is repealed and the following is substituted in lieu
thereof:
(e) No provision of [chapter 3] THE FREEDOM OF INFORMATION
ACT, AS DEFINED IN SECTION 1-18a, AS AMENDED BY SECTION 1 OF THIS
ACT, shall be construed to require or permit a municipal utility
furnishing electric, gas or water service, a municipality
furnishing water or sewer service, a district established by
special act or pursuant to chapter 105 and furnishing water or
sewer service or a regional authority established by special act
to furnish water or sewer service to disclose [under chapter 3]
records UNDER THE FREEDOM OF INFORMATION ACT, AS DEFINED IN
SECTION 1-18a, AS AMENDED BY SECTION 1 OF THIS ACT, which
identify or could lead to identification of the utility usage or
billing information of individual customers, to the extent such
disclosure would constitute an invasion of privacy.
Sec. 33. Section 29-170 of the general statutes is repealed
and the following is substituted in lieu thereof:
Records of the state-wide organized crime investigative task
force shall be subject to disclosure under [chapter 3] THE
FREEDOM OF INFORMATION ACT, AS DEFINED IN SECTION 1-18a, AS
AMENDED BY SECTION 1 OF THIS ACT, to the same extent as records
of other law enforcement agencies.
Sec. 34. Subsection (e) of section 29-261 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(e) Notwithstanding any provision of [chapter 3] THE FREEDOM
OF INFORMATION ACT, AS DEFINED IN SECTION 1-18a, AS AMENDED BY
SECTION 1 OF THIS ACT, or the State Building Code to the
contrary, the building official shall return plans and
specifications on file at the time of the request for the
issuance of a certificate of occupancy for any single-family
dwelling or out-building to the owner of such dwelling or
building no earlier than two years after the issuance of the
certificate of occupancy.
Sec. 35. Subsection (c) of section 32-400 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(c) All applications, supporting documentation and other
records submitted to a commissioner under this section and
pertaining to any such application for any license, permit,
approval or other administrative action, together with all
records of the proceedings of the commissioner relating to any
license, permit, approval or administrative action shall be a
public record and shall be made, maintained and disclosed in
accordance with [chapter 3] THE FREEDOM OF INFORMATION ACT, AS
DEFINED IN SECTION 1-18a, AS AMENDED BY SECTION 1 OF THIS ACT.
Sec. 36. Subsection (a) of section 36b-26 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(a) The commissioner, in his discretion, may, subject to the
provisions of [chapter 3] THE FREEDOM OF INFORMATION ACT, AS
DEFINED IN SECTION 1-18a, AS AMENDED BY SECTION 1 OF THIS ACT:
(1) Make such public or private investigations within or outside
of this state as he deems necessary to determine whether any
person has violated or is about to violate any provision of
sections 36b-2 to 36b-33, inclusive, or any regulation or order
thereunder, or to aid in the enforcement of said sections in the
prescribing of rules and forms thereunder, (2) require or permit
any person to file a statement in writing, under oath or
otherwise as the commissioner determines, as to all the facts and
circumstances concerning the matter to be investigated and (3)
publish information concerning any violation of said sections or
any regulation or order thereunder.
Sec. 37. Subsections (c) and (d) of section 36b-32 of the
general statutes is repealed and the following is substituted in
lieu thereof:
(c) The information contained in or filed with any effective
registration statement, application or report may be made
available to the public in accordance with the provisions of
[chapter 3] THE FREEDOM OF INFORMATION ACT, AS DEFINED IN SECTION
1-18a, AS AMENDED BY SECTION 1 OF THIS ACT.
(d) Upon request and at such charges as provided for in
[chapter 3] THE FREEDOM OF INFORMATION ACT, AS DEFINED IN SECTION
1-18a, AS AMENDED BY SECTION 1 OF THIS ACT, the commissioner
shall furnish to any person photostatic or other copies,
certified under his seal of office if requested, of any entry in
the register or any document which is a matter of public record.
In any proceeding or prosecution under sections 36b-2 to 36b-33,
inclusive, any copy so certified is prima facie evidence of the
contents of the entry or document certified.
Sec. 38. Subsection (a) of section 36b-71 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(a) Subject to the provisions of [chapter 3] THE FREEDOM OF
INFORMATION ACT, AS DEFINED IN SECTION 1-18a, AS AMENDED BY
SECTION 1 OF THIS ACT, the commissioner may: (1) Make such public
or private investigations within or outside of this state as he
deems necessary to determine whether any person has violated or
is about to violate any provision of sections 36b-60 to 36b-79,
inclusive, or any regulation or order adopted or issued under
said sections, or to aid in the enforcement of said sections or
in the adoption of regulations and forms under said sections; (2)
require or permit any person to file a statement in writing,
under oath or otherwise as said commissioner determines, as to
all the facts and circumstances concerning the matter to be
investigated; and (3) publish information concerning any
violation of sections 36b-60 to 36b-79, inclusive, or of any
regulation or order adopted or issued under said sections.
Sec. 39. Subsections (c) and (d) of section 36b-78 of the
general statutes are repealed and the following is substituted in
lieu thereof:
(c) The information contained in or filed with any
registration, application or report may be made available to the
public under the provisions of [chapter 3] THE FREEDOM OF
INFORMATION ACT, AS DEFINED IN SECTION 1-18a, AS AMENDED BY
SECTION 1 OF THIS ACT.
(d) Upon request and at such charges as provided for in
[chapter 3] THE FREEDOM OF INFORMATION ACT, AS DEFINED IN SECTION
1-18a, AS AMENDED BY SECTION 1 OF THIS ACT, the commissioner
shall furnish to any person photostatic or other copies,
certified under his seal of office if requested, of any entry in
the register or any document which is a matter of public record.
In any proceeding or prosecution under sections 36b-60 to 36b-79,
inclusive, any copy so certified shall be prima facie evidence of
the contents of the entry or document certified.
Sec. 40. Subsection (f) of section 42-110d of the general
statutes is repealed and the following is substituted in lieu
thereof:
(f) The commissioner or the Attorney General or their
employees shall disclose, in accordance with the provisions of
[chapter 3] THE FREEDOM OF INFORMATION ACT, AS DEFINED IN SECTION
1-18a, AS AMENDED BY SECTION 1 OF THIS ACT, all records
concerning the investigation of any alleged violation of any
provision of this chapter, including, but not limited to, any
complaint initiating an investigation and all records of the
disposition or settlement of a complaint. For purposes of this
section, "disposition" shall include the following action or
nonaction with respect to any complaints or investigations: (A)
No action taken because of (i) a lack of jurisdiction; (ii)
unsubstantiated allegations or (iii) a lack of sufficient
information to draw a conclusion, as determined by the
commissioner, after investigation; (B) referral to another state
agency, or to a federal or local agency, or to law enforcement
authorities; (C) an acceptance of an assurance of voluntary
compliance in accordance with the provisions of section 42-110j;
and (D) formal action taken, including the institution of
administrative proceedings pursuant to subsection (d) of this
section or court proceedings pursuant to section 42-110m, 42-110o
or 42-110p. The commissioner may withhold such records from
disclosure during the pendency of an investigation or examination
held in accordance with subsection (a) of this section, but in no
event shall the commissioner withhold any such records longer
than a period of eighteen months after the date on which the
initial complaint was filed with the commissioner or after the
date on which the investigation or examination was commenced,
whichever is earlier. Nothing herein shall be deemed to affect
the rights of litigants, including parties to administrative
proceedings, under the laws of discovery of this state.
Sec. 41. Subsection (c) of section 52-180 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(c) Except as provided in [chapter 3] THE FREEDOM OF
INFORMATION ACT, AS DEFINED IN SECTION 1-18a, AS AMENDED BY
SECTION 1 OF THIS ACT, if any person in the regular course of
business has kept or recorded any memorandum, writing, entry,
print, representation or combination thereof, of any act,
transaction, occurrence or event, and in the regular course of
business has caused any or all of them to be recorded, copied or
reproduced by any photographic, photostatic, microfilm,
microcard, miniature photographic or other process which
accurately reproduces or forms a durable medium for so
reproducing the original, the original may be destroyed in the
regular course of business unless its preservation is otherwise
required by statute. The reproduction, when satisfactorily
identified, shall be as admissible in evidence as the original in
any judicial or administrative proceeding, whether the original
is in existence or not, and an enlargement or facsimile of the
reproduction shall be likewise admissible in evidence if the
original reproduction is in existence and available for
inspection under direction of court. The introduction of a
reproduced record, enlargement or facsimile shall not preclude
admission of the original.
Sec. 42. Subsection (b) of section 4-211 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(b) Not later than sixty days after a consultant completes
work on a contract, for contracts completed on or after January
1, 1990, the state agency shall submit a written evaluation of
the consultant's performance to the secretary. The secretary
shall review all such evaluations received from state agencies.
Such evaluations shall be available for public inspection and
copying under the Freedom of Information Act, AS DEFINED IN
SECTION 1-18a, AS AMENDED BY SECTION 1 OF THIS ACT.
Sec. 43. Subsection (b) of section 16a-113 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(b) In order to facilitate the development of a fully
integrated state-wide information services and telecommunication
system which effectively and efficiently supports data processing
and telecommunication requirements of all state agencies, the
strategic plan shall include: (1) Establishment of guidelines and
standards for the architecture for information and
telecommunication systems which support state agencies; [,] (2)
plans for a cost-effective state-wide telecommunication network
to support state agencies, which network may consist of different
types of transmission media, including wire, fiber and radio, and
shall be able to support voice, data, video and facsimile
transmission requirements and any other form of information
exchange which takes place via electromagnetic media; [,] (3) a
level of information systems and telecommunication planning for
all state agencies and operations throughout the state that will
ensure the effective and efficient utilization and access to the
state's information and telecommunication resources, including
but not limited to, (A) an inventory of existing on-line public
access arrangements for state agency data bases which contain
information subject to disclosure under the Freedom of
Information Act, AS DEFINED IN SECTION 1-18a, AS AMENDED BY
SECTION 1 OF THIS ACT, (B) a list of data bases for which such
access could be provided, including data bases containing
consumer, business and health and human services program
information, (C) provisions addressing the feasibility and cost
of providing such access, (D) provisions for a public-private
partnership in providing such on-line access, and (E) provisions
to enable citizens to communicate with state agencies by
electronic mail; [,] (4) identification of annual expenditures
and major capital commitments for information and
telecommunication systems; and (5) a direction and policy
planning pertaining to the infusion of new technology for such
systems for state agencies. In carrying out the provisions of
subparagraphs (A) to (E), inclusive, of subdivision (3) of this
subsection, the executive director shall consult with
representatives of business associations, consumer organizations
and nonprofit human services providers.
Sec. 44. Subsection (a) of section 22a-6 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(a) The commissioner may: (1) [adopt] ADOPT, amend or repeal,
in accordance with the provisions of chapter 54, such
environmental standards, criteria and regulations, and such
procedural regulations as are necessary and proper to carry out
his functions, powers and duties; (2) enter into contracts with
any person, firm, corporation or association to do all things
necessary or convenient to carry out the functions, powers and
duties of the department; (3) initiate and receive complaints as
to any actual or suspected violation of any statute, regulation,
permit or order administered, adopted or issued by him. The
commissioner shall have the power to hold hearings, administer
oaths, take testimony and subpoena witnesses and evidence, enter
orders and institute legal proceedings including, but not limited
to, suits for injunctions, for the enforcement of any statute,
regulation, order or permit administered, adopted or issued by
him; (4) in accordance with regulations adopted by him, require,
issue, renew, revoke, modify or deny permits, under such
conditions as he may prescribe, governing all sources of
pollution in Connecticut within his jurisdiction; (5) in
accordance with constitutional limitations, enter at all
reasonable times, without liability, upon any public or private
property, except a private residence, for the purpose of
inspection and investigation to ascertain possible violations of
any statute, regulation, order or permit administered, adopted or
issued by him and the owner, managing agent or occupant of any
such property shall permit such entry, and no action for trespass
shall lie against the commissioner for such entry, or he may
apply to any court having criminal jurisdiction for a warrant to
inspect such premises to determine compliance with any statute,
regulation, order or permit administered, adopted or enforced by
him, provided any information relating to secret processes or
methods of manufacture or production ascertained by the
commissioner during, or as a result of, any inspection,
investigation, hearing or otherwise shall be kept confidential
and shall not be disclosed except that, notwithstanding the
provisions of subdivision (5) of subsection (b) of section 1-19,
such information may be disclosed by the commissioner to the
United States Environmental Protection Agency pursuant to the
federal Freedom of Information Act of 1976, (5 USC 552) and
regulations adopted thereunder or, if such information is
submitted after June 4, 1986, to any person pursuant to the
federal Clean Water Act (33 USC 1251 et seq.); (6) undertake any
studies, inquiries, surveys or analyses he may deem relevant,
through the personnel of the department or in cooperation with
any public or private agency, to accomplish the functions, powers
and duties of the commissioner; (7) require the posting of
sufficient performance bond or other security to assure
compliance with any permit or order; (8) provide by notice
printed on any form that any false statement made thereon or
pursuant thereto is punishable as a criminal offense under
section 53a-157b; (9) construct or repair or contract for the
construction or repair of any dam or flood and erosion control
system under his control and management, make or contract for the
making of any alteration, repair or addition to any other real
asset under his control and management, including rented or
leased premises, involving an expenditure of five hundred
thousand dollars or less, and, with prior approval of the
Commissioner of Public Works, make or contract for the making of
any alteration, repair or addition to such other real asset under
his control and management involving an expenditure of more than
five hundred thousand dollars but not more than one million
dollars; (10) by regulations adopted in accordance with the
provisions of chapter 54 require the payment of a fee sufficient
to cover the reasonable cost of the search, duplication and
review of records requested under the freedom of information act,
AS DEFINED IN SECTION 1-18a, AS AMENDED BY SECTION 1 OF THIS ACT,
and the reasonable cost of reviewing and acting upon an
application for and monitoring compliance with the terms and
conditions of any state or federal permit, license, registration,
order, certificate or approval required pursuant to subsection
(i) of section 22a-39, subsections (c) and (d) of section 22a-96,
subsections (h), (i) and (k) of section 22a-424, and sections
22a-6d, 22a-32, 22a-134a, 22a-134e, 22a-135, 22a-148, 22a-150,
22a-174, 22a-174a, 22a-208, 22a-208a, 22a-209, 22a-342, 22a-345,
22a-361, 22a-363c, 22a-368, 22a-372, 22a-379, 22a-403, 22a-409,
22a-416, 22a-428 to 22a-432, inclusive, 22a-449 and 22a-454 to
22a-454c, inclusive, and Section 401 of the federal Clean Water
Act, (33 USC 1341). Such costs may include, but are not limited
to the costs of (A) public notice, (B) reviews, inspections and
testing incidental to the issuance of and monitoring of
compliance with such permits, licenses, orders, certificates and
approvals, and (C) surveying and staking boundary lines. The
applicant shall pay the fee established in accordance with the
provisions of this section prior to the final decision of the
commissioner on the application. The commissioner may postpone
review of an application until receipt of the payment. Payment of
a fee for monitoring compliance with the terms or conditions of a
permit shall be at such time as the commissioner deems necessary
and is required for an approval to remain valid; and (11) by
regulations adopted in accordance with the provisions of chapter
54, require the payment of a fee sufficient to cover the
reasonable cost of responding to requests for information
concerning the status of real estate with regard to compliance
with environmental statutes, regulations, permits or orders. Such
fee shall be paid by the person requesting such information at
the time of the request. Funds not exceeding two hundred thousand
dollars received by the commissioner pursuant to subsection (g)
of section 22a-174, during the fiscal year ending June 30, 1985,
shall be deposited in the General Fund and credited to the
appropriations of the Department of Environmental Protection in
accordance with the provisions of section 4-86, and such funds
shall not lapse until June 30, 1986. In any action brought
against any employee of the department acting within his scope of
delegated authority in performing any of the above-listed duties,
the employee shall be represented by the Attorney General.
Sec. 45. Subsection (a) of section 7-34b of the general
statutes is repealed and the following is substituted in lieu
thereof:
(a) The clerk of each municipality shall, at the end of each
fiscal year of such municipality, give an accounting of all fees
and compensation provided by the general statutes to be paid to
the clerk to the legislative body of such municipality. The
record of such accounting shall be a public record, as defined in
[subsection (d)] SUBDIVISION (5) of section 1-18a, AS AMENDED BY
SECTION 1 OF THIS ACT.
Sec. 46. Subsection (b) of section 7-486 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(b) Whenever a municipality delegates any power to any
governmental unit or nonprofit corporation pursuant to subsection
(a) of this section, the municipality shall require each
director, officer, member and other responsible official, as the
case may be, of such governmental unit or nonprofit corporation
to execute a surety bond in the penal sum of fifty thousand
dollars or, in lieu thereof, such governmental unit or nonprofit
corporation shall execute a blanket surety bond covering all
members and employees of such governmental unit or nonprofit
corporation, each surety bond to be conditioned upon the faithful
performance of the duties of the office or offices covered, to be
executed by a surety company authorized to transact business in
this state as surety and to be approved by the legal counsel of
the municipality and filed in the office of the clerk of the
municipality. The cost of each such bond shall be paid by such
governmental unit or nonprofit corporation. Whenever a
municipality delegates any power pursuant to this chapter to a
nonprofit corporation, such corporation (1) shall be deemed a
public agency for the purposes of [subsection (a)] SUBDIVISION
(1) of section 1-18a, AS AMENDED BY SECTION 1 OF THIS ACT,
provided negotiations regarding any development property shall be
subject to the provisions of subdivision (6) of subsection (b) of
section 1-19 and (2) shall be subject to the provisions of any
special act, municipal charter or ordinance requiring (A) bonds
or other security for the performance of contracts for
demolition, construction or rehabilitation or (B) competitive or
public bidding, except as provided in section 7-501.
Sec. 47. Subsection (a) of section 10a-2 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(a) There shall be a Board of Governors of Higher Education
to serve as the central policy-making authority for public higher
education in Connecticut. The board shall consist of eleven
members who shall be distinguished leaders of the community in
Connecticut. The board shall reflect the state's geographic,
racial and ethnic diversity. The members shall not be employed by
or be a member of a board of trustees for any Connecticut higher
education institution, public or private, nor shall they be
employed by or be elected officials of any public agency as
defined in [subsection (a)] SUBDIVISION (1) of section 1-18a, AS
AMENDED BY SECTION 1 OF THIS ACT, during their term of membership
on the Board of Governors of Higher Education. Seven members
shall be appointed by the Governor. The appointment of the other
four members on or after October 1, 1991, shall be made as
follows: The president pro tempore of the Senate, minority leader
of the Senate, speaker of the House of Representatives and
minority leader of the House of Representatives shall each
appoint one member.
Sec. 48. Subsection (a) of section 31-51m of the general
statutes is repealed and the following is substituted in lieu
thereof:
(a) As used in this section and section 31-278:
(1) "Person" means one or more individuals, partnerships,
associations, corporations, limited liability companies, business
trusts, legal representatives or any organized group of persons;
(2) "Employer" means a person engaged in business who has
employees, including the state and any political subdivision of
the state;
(3) "Employee" means any person engaged in service to an
employer in a business of his employer;
(4) "Public body" means (A) any public agency, as defined in
[subsection (a)] SUBDIVISION (1) of section 1-18a, AS AMENDED BY
SECTION 1 OF THIS ACT, or any employee, member or officer
thereof, or (B) any federal agency or any employee, member or
officer thereof.
Sec. 49. Subsection (a) of section 4b-56 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(a) There shall be established within the Department of
Public Works a State Construction Services Selection Panel which
shall consist of five members. [: Four of whom] FOUR OF SUCH
MEMBERS shall be appointed by the commissioner, [and] shall be
current or retired employees of the Department of Public Works [;
and the] AND SHALL SERVE FOR TERMS OF ONE YEAR FROM JULY FIRST.
THE remaining member shall be appointed by the head or acting
head of the user agency and shall serve only for deliberations
involving the project for which he was appointed. [The other
members of the selection panel shall serve for terms of one year
from July first.] If any vacancy occurs on the panel, the
commissioner shall appoint a person for the unexpired term in
accordance with the provisions of this subsection.
Sec. 50. Section 27-138 of the general statutes is repealed
and the following is substituted in lieu thereof:
The Soldiers, Sailors and Marines' Fund shall remain as
established and shall be in the custody of the Treasurer as
trustee of said fund. The Treasurer shall administer said fund as
required by the provisions of this chapter, and shall reinvest as
much of said fund as is not required for current disbursement in
accordance with the provisions of part I of chapter 32. The
interest accumulations of the fund so held in trust or so much
thereof as is found necessary to carry out the purposes
hereinafter stated shall be paid, upon the order of the
Comptroller, upon such statements as he may require, to the
treasurer of the American Legion, who shall disburse the same,
and the balance of said accumulations, except for a reserve of
one hundred thousand dollars held in custody of the [board of
trustees] TRUSTEE for contingent purposes, shall at the end of
each fiscal year be added to the principal of the fund. If the
interest accumulations of the fund, together with available
appropriations, if any, of other funds, are insufficient to carry
out the purposes of this part, the Finance Advisory Committee,
upon recommendation of the Governor, shall make appropriations
therefor from the state General Fund, limited, however, for any
fiscal year to amounts which, together with said interest
accumulations for such year, shall not exceed the annual interest
on thirty-five million dollars at the average rate of the
investment yield earned during the preceding fiscal year on the
Soldiers, Sailors and Marines' Fund, provided, in case of
disaster constituting an emergency, as declared by the Governor,
the Finance Advisory Committee may make additional appropriations
to said fund without regard to such limitation. Payments to the
treasurer of the American Legion shall be made at such definite
and stated periods as are necessary to meet the convenience of
the American Legion and said [board of trustees] TRUSTEE; but
each payment shall be made upon the order of the treasurer of the
American Legion, approved by at least two of its executive
officers or of a special committee thereof thereunto specially
authorized. No part of the interest accumulation of said fund
shall be expended for the purpose of maintaining the American
Legion.
Sec. 51. Section 27-138a of the general statutes is repealed
and the following is substituted in lieu thereof:
The [board of trustees] TRUSTEE of the Soldiers, Sailors and
Marines' Fund shall make available at each town clerk's office a
copy of the regulations of said fund and applications for aid
from said fund.
Sec. 52. Section 27-140 of the general statutes is repealed
and the following is substituted in lieu thereof:
All money so paid to and received by the American Legion
shall be expended by it in furnishing food, wearing apparel,
medical or surgical aid or care or relief to, or in bearing the
funeral expenses of, soldiers, sailors or marines who served in
any branch of the military service of the United States between
April 6, 1917, and November 11, 1918, or between December 7,
1941, and December 31, 1946, all dates inclusive, or served in
the Spanish-American War between April 21, 1898, and July 4,
1902, inclusive, and actual participation in hostilities in the
Moro Province to July 15, 1903, or any persons who served in the
military or naval forces between June 27, 1950, and December 31,
1955, both dates inclusive, or who served in the military or
naval forces during the Vietnam era, as defined in subsection (a)
of section 27-103, or who served in the military or naval forces
during Operation Desert Shield and Operation Desert Storm, August
2, 1990, until the cessation of hostilities as determined by the
President of the United States or until a date established by an
act of the General Assembly, or who were engaged in any of the
wars waged by the United States during said periods in the forces
of any government associated with the United States, who have
been honorably discharged therefrom or honorably released from
active service therein, and who were citizens or resident aliens
of the state at the time of entering said armed forces of the
United States or of any such government, or to their spouses who
are living with them, or to their widows or widowers who were
living with them at the time of death, or dependent children
under eighteen years of age, who may be in need of the same. All
such payments shall be made by the American Legion under
authority of its bylaws, which bylaws shall set forth the
procedure for proof of eligibility for such aid and shall be
approved by the [board of trustees] TRUSTEE, provided payments
made for the care and treatment of any person entitled to the
benefits provided for herein, at any hospital receiving aid from
the General Assembly unless special care and treatment are
required, shall be in accordance with the provisions of section
17b-239, and provided the sum expended for the care or treatment
of such person at any other place than a state-aided hospital
shall in no case exceed the actual cost of supporting such person
at the Veterans' Home and Hospital, unless special care and
treatment are required, when such sum as may be determined by the
treasurer of such organization may be paid therefor. The
treasurer of such organization shall account to said [board of
trustees] TRUSTEE during the months of January, April, July and
October for all moneys disbursed by it during the three months
next preceding the first day of either of said months, and such
account shall show the amount of and the name and address of each
person to whom such aid has been furnished. Upon the completion
of the trust provided for in section 27-138, AS AMENDED BY
SECTION 50 OF THIS ACT, the principal fund so held by said [board
of trustees] TRUSTEE shall revert to the State Treasury.
Sec. 53. Subsection (e) of section 9-436 of the general
statutes is repealed and the following is substituted in lieu
thereof:
(e) The registrar shall designate one of the moderators so
appointed by him to be head moderator or shall appoint as head
moderator an elector who is not also moderator of a polling place
and who shall be deemed a primary official. The registrar may
also appoint a deputy head moderator to assist the head moderator
in the performance of his duties. A deputy head moderator shall
also be deemed to be a primary official. Each registrar's
appointments of primary polling place officials and of designees
to conduct supervised voting of absentee ballots pursuant to
sections [9-150q] 9-159q and [9-150r] 9-159r shall be divided
equally, as nearly as may be, between designees of the
party-endorsed candidates and designees of one or more of the
contestants, provided, if a party-endorsed candidate is a member
of a party other than the one holding the primary, such primary
officials, except voting machine mechanics, shall be enrolled
party members of the party holding the primary. Names of
designees and alternate designees for such positions shall be
submitted in writing by party-endorsed candidates and contestants
to the registrar not later than ten days before the primary,
except that names of designees and alternate designees for the
position of moderator shall be so submitted not later than
twenty-one days before the primary and, if such lists are not so
presented, all such appointments shall be made by the registrar
but in the above-mentioned proportion. The registrar shall notify
all such candidates and contestants of their right to submit a
list of designees under this section. Notwithstanding any other
provision of this section, the registrar shall appoint as
moderators only persons who are certified to serve as moderators
or alternate moderators pursuant to section 9-229, unless there
is an insufficient number of such persons who are enrolled
members of the registrar's party in the municipality or political
subdivision holding the primary, in which case the registrar may
appoint a new moderator in accordance with section 9-229, but
only to the extent of such insufficiency. Primary central
counting moderators and absentee ballot counters shall also be
deemed primary officials. No primary official shall perform
services for any candidate at the primary on primary day.
GAE COMMITTEE VOTE: YEA 20 NAY 0 JFS