Substitute Senate Bill No. 1238
Substitute Senate Bill No. 1238
PUBLIC ACT NO. 97-47
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statutes is repealed and the following is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 are 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.
Approved May 14, 1997