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statutes  is  repealed  and   the   following   is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