Substitute House Bill No. 5679

Public Act No. 00-134

An Act Amending Statutes Related To The Department Of Information Technology.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (b) of section 1-210 of the general statutes, as amended by section 1 of public act 99-156, is repealed and the following is substituted in lieu thereof:

(b) Nothing in 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, as amended, 53a-70a, as amended, 53a-71, 53a-72a, 53a-72b, as amended, 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 1-216;

(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 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] the applicant's 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, as amended, 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;

(17) Educational records which are not subject to disclosure under the Family Educational Rights and Privacy Act, 20 USC 1232g;

(18) Records, the disclosure of which the Commissioner of Correction has reasonable grounds to believe may result in a safety risk, including the risk of harm to any person or the risk of an escape from, or a disorder in, a correctional institution or facility under the supervision of the Department of Correction. Such records shall include, but are not limited to:

(A) Security manuals, including emergency plans contained or referred to in such security manuals;

(B) Engineering and architectural drawings of correctional institutions or facilities;

(C) Operational specifications of security systems utilized by the Department of Correction at any correctional institution or facility, except that a general description of any such security system and the cost and quality of such system, may be disclosed;

(D) Training manuals prepared for correctional institutions and facilities that describe, in any manner, security procedures, emergency plans or security equipment;

(E) Internal security audits of correctional institutions and facilities;

(F) Minutes or recordings of staff meetings of the Department of Correction, or portions of such minutes or recordings, that contain or reveal information relating to security or other records otherwise exempt from disclosure under this subdivision;

(G) Logs or other documents that contain information on the movement or assignment of inmates or staff at correctional institutions or facilities; and

(H) Records that contain information on contacts between inmates, as defined in section 18-84, and law enforcement officers.

(19) Records of standards, procedures, processes, software and codes, not otherwise available to the public, the disclosure of which would compromise the security or integrity of an information technology system.

Sec. 2. Subsection (a) of section 3 of public act 99-155 is repealed and the following is substituted in lieu thereof:

(a) A state agency may allow any governmental record that is created, owned, used, distributed or maintained by such agency to be in the form of an electronic record. A state agency may allow governmental records received by such agency and identified in regulations adopted [by such agency] pursuant to section [4 of this act] 5 of public act 99-155 to be in the form of electronic records.

Sec. 3. Subsection (a) of section 4 of public act 99-155 is repealed and the following is substituted in lieu thereof:

(a) A state agency may allow any governmental record created, owned, used, distributed or maintained by such agency to be signed with an electronic signature. A state agency may allow governmental records received by such agency and identified in regulations adopted [by such agency] pursuant to section 5 of [this act] public act 99-155 to be signed with an electronic signature.

Sec. 4. Section 5 of public act 99-155 is repealed and the following is substituted in lieu thereof:

(a) [A state agency] The Chief Information Officer of the Department of Information Technology, in consultation with the Secretary of the Office of Policy and Management, may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, governing:

(1) [The state agency's] Executive branch state agencies' creation, ownership, use, distribution, receipt and maintenance of governmental records, in accordance with sections 11-8 and 11-8a of the general statutes, in the form of electronic records;

(2) The conversion of written governmental records into electronic records; and

(3) If a governmental record may be electronically signed, [the type of electronic signature required, and] the manner and format in which the electronic signature may be affixed to the electronic record.

(b) Regulations adopted [by a state agency] under subsection (a) of this section relating to the use of electronic records or electronic signatures shall (1) encourage and promote consistency and interoperability [with similar requirements adopted by other] between executive branch state agencies, and (2) ensure the integrity of the original information contained in electronic records.

(c) Regulations adopted under subsections (a) and (b) of this section shall not apply to the offices of the State Treasurer, Comptroller, Secretary of the State and Attorney General. Each said office may adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of the regulations adopted under subsections (a) and (b) of this section with regard to said office.

(d) Any other state agency may adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of the regulations adopted under subsections (a) and (b) of this section, with regard to the agency and to address the agency's needs and circumstances, provided the regulations are consistent with the regulations adopted by the Chief Information Officer pursuant to this section.

Approved May 26, 2000