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HB05250 • 2026

AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE FREEDOM OF INFORMATION COMMISSION FOR REVISIONS TO THE FREEDOM OF INFORMATION ACT.

AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE FREEDOM OF INFORMATION COMMISSION FOR REVISIONS TO THE FREEDOM OF INFORMATION ACT.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Government Oversight Committee
Last action
2026-05-02
Official status
Senate Calendar Number 533
Effective date
Not listed

Plain English Breakdown

The bill does not provide detailed specifics on how training sessions will be conducted.

Act Implementing Freedom of Information Commission Recommendations

This act revises the Freedom of Information Act based on recommendations from the Freedom of Information Commission.

What This Bill Does

  • Requires annual training sessions for public agency members by the Freedom of Information Commission.
  • Establishes a notification requirement to specific commissioners before releasing certain types of records.
  • Allows individuals to use hand-held scanners to copy public records with a fee limit.
  • Updates the definition of 'public agency' to include entities performing government functions.
  • Clarifies what constitutes a meeting under the Freedom of Information Act, including electronic communications.

Who It Names or Affects

  • Public agencies in Connecticut
  • Individuals requesting public records

Terms To Know

public agency
Any office or entity that performs government functions at the state, city, town, or other political subdivision level.
hand-held scanner
A portable electronic device used to capture images of public records without damaging them.

Limits and Unknowns

  • The bill does not specify all the details about how training sessions will be conducted.
  • It is unclear what specific changes this act will make to sections [1-7 to 1-14, inclusive] and others mentioned in the summary text.

Bill History

  1. 2026-05-02 Connecticut General Assembly

    Favorable Report, Tabled for the Calendar, Senate

  2. 2026-05-02 Connecticut General Assembly

    Senate Calendar Number 533

  3. 2026-05-01 Connecticut General Assembly

    House Adopted House Amendment Schedule A 5459

  4. 2026-05-01 Connecticut General Assembly

    House Passed as Amended by House Amendment Schedule A

  5. 2026-05-01 Connecticut General Assembly

    Immediate Transmittal to the Senate

  6. 2026-04-01 LCO

    Reported Out of Legislative Commissioners' Office

  7. 2026-04-01 Connecticut General Assembly

    Favorable Report, Tabled for the Calendar, House

  8. 2026-04-01 Connecticut General Assembly

    House Calendar Number 235

  9. 2026-04-01 LCO

    File Number 316

  10. 2026-03-26 LCO

    Referred to Office of Legislative Research and Office of Fiscal Analysis 03/31/26 5:00 PM

  11. 2026-03-17 GOS

    Joint Favorable

  12. 2026-03-17 LCO

    Filed with Legislative Commissioners' Office

  13. 2026-02-20 Connecticut General Assembly

    Public Hearing 02/24

  14. 2026-02-19 Connecticut General Assembly

    Referred to Joint Committee on Government Oversight

Official Summary Text

To make revisions to the Freedom of Information Act recommended by the Freedom of Information Commission, including concerning the application of the definition of "governmental function", which statutory provisions require training by the commission, redefining "hand-held scanner", electronic notice of special meetings and appeals for denial of access to certain public records.

Current Bill Text

Read the full stored bill text
House of Representatives
HB5250 / File No. 316 1

General Assembly File No. 316
February Session, 2026 House Bill No. 5250

House of Representatives, April 1, 2026

The Committee on Government Oversight reported through
REP. DATHAN of the 142nd Dist., Chairperson of the
Committee on the part of the House, that the bill ought to pass.

AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
FREEDOM OF INFORMATION COMMISSION FOR REVISIONS TO THE
FREEDOM OF INFORMATION ACT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Subsection (e) of section 1 -205 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective October 2
1, 2026): 3
(e) The Freedom of Information Commission shall conduct training 4
sessions, at least annually, for members of public agencies for the 5
purpose of educating such members as to the requirements of this 6
section and sections [1-7 to 1-14, inclusive, 1-16 to 1-18, inclusive,] 1-200 7
to 1-202, inclusive, as amended by this act, [1-205,] 1-205a, 1-206, 1-210 8
to [1-217] 1-219, inclusive, as amended by this act, 1-225 to 1 -232, 9
inclusive, as amended by this act, and 1-240 [, 1-241 and 19a-342] to 1-10
242, inclusive. 11
Sec. 2. Subsection (d) of section 1 -210 of the 2026 supplement to the 12
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general statutes is repealed and the following is substituted in lieu 13
thereof (Effective October 1, 2026): 14
(d) Whenever a public agency, except the Judicial Department or 15
Legislative Department, receives a request from any person for 16
disclosure of any records described in subdivision (19) of subsection (b) 17
of this section under the Freedom of Information Act, the public agency 18
shall promptly notify the Commissioner of Administrative Services or 19
the Commissioner of Emergency Services and Public Protection, as 20
applicable, of such request, in the manner prescribed by such 21
commissioner, before complying with the request as required by the 22
Freedom of Information Act. If the commissioner, after consultation 23
with the chief executive officer of the applicable agency, believes the 24
requested record is exempt from disclosure pursuant to subdivision (19) 25
of subsection (b) of this section, the commissioner may direct the agency 26
to withhold such record from such person. In any appeal brought under 27
the provisions of section 1 -206 of the Freedom of Information Act for 28
denial of access to records for any of the reasons described in 29
subdivision (19) of subsection (b) of this section, such appeal shall be 30
against (1) the chief executive officer of the executive branch state 31
agency or the municipal, district or regional agency that maintains or 32
has custody of the requested record, and (2) the commissioner who 33
issued the directive to the public agency that maintains or has custody 34
of such record to withhold such record pursuant to subdivision (19) of 35
subsection (b) of this section, [exclusively, or, ] except in the case of 36
records concerning Judicial Department facilities, such appeal shall be 37
against the Chief Court Administrator [or,] and in the case of records 38
concerning the Legislative Department, such appeal shall be against the 39
executive director of the Joint Committee on Legislative Management. 40
Sec. 3. Subsection (g) of section 1 -212 of the general statutes is 41
repealed and the following is substituted in lieu thereof (Effective October 42
1, 2026): 43
(g) Any individual may copy a public record through the use of a 44
hand-held scanner. A public agency may establish a fee structure not to 45
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exceed twenty dollars for an individual to pay each time the individual 46
copies records at the agency with a hand -held scanner. As used in this 47
section, "hand -held scanner" means a battery operated electronic 48
scanning device the use of which (1) leaves no mark or impression on 49
the public record, and (2) does not unreasonably interfere with the 50
operation of the public agency. "Hand-held scanner" includes, but is not 51
limited to, a mobile telephone, a camera or any other portable device 52
capable of capturing an image of a public record. 53
Sec. 4. Section 1 -200 of the general statutes is repealed and the 54
following is substituted in lieu thereof (Effective October 1, 2026): 55
As used in this chapter, the following words and phrases have the 56
following meanings, except where such terms are used in a context 57
which clearly indicates the contrary: 58
(1) "Public agency" or "agency" means: 59
(A) Any executive, administrative or legislative office of the state or 60
any political subdivision of the state and any state or town agency, any 61
department, institution, bureau, board, commission, authority or official 62
of the state or of any city, town, borough, municipal corporation, school 63
district, regional district or other district or other political subdivision of 64
the state, including any committee of, or created by, any such office, 65
subdivision, agency, department, institution, bureau, board, 66
commission, authority or official, and also includes any judicial office, 67
official, or body or committee thereof but only with respect to its or their 68
administrative functions, and for purposes of this subparagraph, 69
"judicial office" includes, but is not limited to, the Division of Public 70
Defender Services; 71
(B) Any person to the extent such person is deemed to be the 72
functional equivalent of a public agency pursuant to law; or 73
(C) Any "implementing agency", as defined in section 32-222. 74
(2) "Meeting" means any hearing or other proceeding of a public 75
agency, any convening or assembly of a quorum of a multimember 76
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public agency, and any communication by or to a quorum of a 77
multimember public agency, whether in person or by means of 78
electronic equipment, to discuss or act upon a matter over which the 79
public agency has supervision, control, jurisdiction or advisory power. 80
"Meeting" does not include: Any meeting of a personnel search 81
committee for executive level employment candidates; any chance 82
meeting, or a social meeting neither planned nor intended for the 83
purpose of discussing matters relating to official business; strategy or 84
negotiations with respect to collective bargaining; a caucus of members 85
of a single political party notwithstanding that such members also 86
constitute a quorum of a public agency; an administrative or staff 87
meeting of a single-member public agency; and communication limited 88
to notice of meetings of any public agency or the agendas thereof. A 89
quorum of the members of a public agency who are present at any event 90
which has been noticed and conducted as a meeting of another public 91
agency under the provisions of the Freedom of Information Act shall not 92
be deemed to be holding a meeting of the public agency of which they 93
are members as a result of their presence at such event. 94
(3) "Caucus" means (A) a convening or assembly of the enrolled 95
members of a single political party who are members of a public agency 96
within the state or a political subdivision, or (B) the members of a 97
multimember public agency, which members constitute a majority of 98
the membership of the agency, or the other members of the agency who 99
constitute a minority of the membership of the agency, who register 100
their intention to be considered a majority caucus or minority caucus, as 101
the case may be, for the purposes of the Freedom of Information Act, 102
provided (i) the registration is made with the office of the Secretary of 103
the State for any such public agency of the state, in the office of the clerk 104
of a political subdivision of the state for any public agency of a political 105
subdivision of the state, or in the office of the clerk of each municipal 106
member of any multitown district or agency, (ii) no member is 107
registered in more than one caucus at any one time, (iii) no such 108
member's registration is rescinded during the member's remaining term 109
of office, and (iv) a member may remain a registered member of the 110
majority caucus or minority caucus regardless of whether the member 111
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changes his or her party affiliation under chapter 143. 112
(4) "Person" means natural person, partnership, corporation, limited 113
liability company, association or society. 114
(5) "Public records or files" means any recorded data or information 115
relating to the conduct of the public's business prepared, owned, used, 116
received or retained by a public agency, or to which a public agency is 117
entitled to receive a copy by law or contract under section 1 -218, as 118
amended by this act, whether such data or information be handwritten, 119
typed, tape-recorded, videotaped, printed, photostated, photographed 120
or recorded by any other method. 121
(6) "Executive sessions" means a meeting of a public agency at which 122
the public is excluded for one or more of the following purposes: (A) 123
Discussion concerning the appointment, employment, performance, 124
evaluation, health or dismissal of a public officer or employee, provided 125
that such individual may require that discussion be held at an open 126
meeting; (B) strategy and negotiations with respect to pending claims or 127
pending litigation to which the public agency or a member thereof, 128
because of the member's conduct as a member of such agency, is a party 129
until such litigation or claim has been finally adjudicated or otherwise 130
settled; (C) matters concerning security strategy or the deployment of 131
security personnel, or devices affecting public security; (D) discussion 132
of the selection of a site or the lease, sale or purchase of real estate by the 133
state or a political subdivision of the state when publicity regarding such 134
site, lease, sale, purchase or construction would adversely impact the 135
price of such site, lease, sale, purchase or construction until such time as 136
all of the property has been acquired or all proceedings or transactions 137
concerning same have been terminated or abandoned; and (E) 138
discussion of any matter which would result in the disclosure of public 139
records or the information contained therein described in subsection (b) 140
of section 1-210. 141
(7) "Personnel search committee" means a body appointed by a public 142
agency, whose sole purpose is to recommend to the appointing agency 143
a candidate or candidates for an executive -level employment position. 144
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Members of a "personnel search committee" shall not be considered in 145
determining whether there is a quorum of the appointing or any other 146
public agency. 147
(8) "Pending claim" means a written notice to an agency which sets 148
forth a demand for legal relief or which asserts a legal right stating the 149
intention to institute an action in an appropriate forum if such relief or 150
right is not granted. 151
(9) "Pending litigation" means (A) a written notice to an agency which 152
sets forth a demand for legal relief or which asserts a legal right stating 153
the intention to institute an action before a court if such relief or right is 154
not granted by the agency; (B) the service of a complaint against an 155
agency returnable to a court which seeks to enforce or implement legal 156
relief or a legal right; or (C) the agency's consideration of action to 157
enforce or implement legal relief or a legal right. 158
(10) "Freedom of Information Act" means this chapter. 159
[(11) "Governmental function" means the administration or 160
management of a program of a public agency, which program has been 161
authorized by law to be administered or managed by a person, where 162
(A) the person receives funding from the public agency for 163
administering or managing the program, (B) the public agency is 164
involved in or regulates to a significant extent such person's 165
administration or management of the program, whether or not such 166
involvement or regulation is direct, pervasive, continuous or day -to-167
day, and (C) the person participates in the formulation of governmental 168
policies or decisions in connection with the administration or 169
management of the program and such policies or decisions bind the 170
public agency. "Governmental function" shall not include the mere 171
provision of goods or services to a public agency without the delegated 172
responsibility to administer or manage a program of a public agency.] 173
[(12)] (11) "Electronic equipment" means any technology that 174
facilitates real-time public access to meetings, including, but not limited 175
to, telephonic, video or other conferencing platforms. 176
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[(13)] (12) "Electronic transmission" means any form or process of 177
communication not directly involving the physical transfer of paper or 178
another tangible medium, which (A) is capable of being retained, 179
retrieved and reproduced by the recipient, and (B) is retrievable in paper 180
form by the recipient. 181
Sec. 5. Section 1 -218 of the general statutes is repealed and the 182
following is substituted in lieu thereof (Effective October 1, 2026): 183
(a) For purposes of this section, "governmental function" means the 184
administration or management of a program of a public agency, which 185
program has been authorized by law to be administered or managed by 186
a person, where (1) the person receives funding from the public agency 187
for administering or managing the program, (2) the public agency is 188
involved in or regulates to a significant extent such person's 189
administration or management of the program, whether or not such 190
involvement or regulation is direct, pervasive, continuous or day -to-191
day, and (3) the person participates in the formulation of governmental 192
policies or decisions in connection with the administration or 193
management of the program and such policies or decisions bind the 194
public agency. "Governmental function" does not include the mere 195
provision of goods or services to a public agency without the delegated 196
responsibility to administer or manage a program of a public agency. 197
(b) Each contract in excess of two million five hundred thousand 198
dollars between a public agency and a person for the performance of a 199
governmental function shall (1) provide that the public agency is 200
entitled to receive a copy of records and files related to the performance 201
of the governmental function, and (2) indicate that such records and files 202
are subject to the Freedom of Information Act and may be disclosed by 203
the public agency pursuant to the Freedom of Information Act. No 204
request to inspect or copy such records or files shall be valid unless the 205
request is made to the public agency in accordance with the Freedom of 206
Information Act. Any complaint by a person who is denied the right to 207
inspect or copy such records or files shall be brought to the Freedom of 208
Information Commission in accordance with the provisions of sections 209
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1-205, as amended by this act, and 1-206. 210
Sec. 6. Subsection (b) of section 1 -211 of the general statutes is 211
repealed and the following is substituted in lieu thereof (Effective October 212
1, 2026): 213
(b) Except as otherwise provided by state statute, no public agency 214
shall enter into a contract with, or otherwise obligate itself to, any person 215
if such contract or obligation impairs the right of the public under the 216
Freedom of Information Act to inspect or copy the agency's nonexempt 217
public records existing on-line in, or stored on a device or medium used 218
in connection with, a computer system owned, leased or otherwise used 219
by the agency. [in the course of its governmental functions.] 220
Sec. 7. Subsection (d) of section 1 -225 of the general statutes is 221
repealed and the following is substituted in lieu thereof (Effective October 222
1, 2026): 223
(d) (1) Notice of each special meeting of every public agency, except 224
for the General Assembly, either house thereof or any committee 225
thereof, shall be posted not less than twenty -four hours before the 226
meeting to which such notice refers on the public agency's Internet web 227
site, if available, and given not less than twenty -four hours prior to the 228
time of such meeting by filing a notice of the time and place thereof in 229
the office of the Secretary of the State for any such public agency of the 230
state, in the office of the clerk of such subdivision for any public agency 231
of a political subdivision of the state and in the office of the clerk of each 232
municipal member for any multitown district or agency. 233
(2) The secretary or clerk shall cause any notice received under this 234
section to be posted in his or her office, and in the case of a notice of a 235
public agency of the state filed with the secretary, on the Secretary of the 236
State's Internet web site. Such notice shall be given not less than twenty-237
four hours prior to the time of the special meeting; provided, in case of 238
emergency, except for the General Assembly, either house thereof or 239
any committee thereof, any such special meeting may be held without 240
complying with the foregoing requirement for the filing of notice but a 241
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copy of the minutes of every such emergency special meeting 242
adequately setting forth the nature of the emergency and the 243
proceedings occurring at such meeting shall be filed with the Secretary 244
of the State, the clerk of such political subdivision, or the clerk of each 245
municipal member of such multitown district or agency, as the case may 246
be, not later than seventy -two hours following the holding of such 247
meeting. The notice shall specify the time and place of the special 248
meeting and the business to be transacted. No other business shall be 249
considered at such meetings by such public agency. 250
(3) In addition, such written notice shall be delivered by electronic 251
transmission or by mail to the usual place of abode of each member of 252
the public agency so that the same is received prior to such special 253
meeting. The requirement of delivery of such written notice may be 254
dispensed with as to any member who at or prior to the time the meeting 255
convenes files with the clerk or secretary of the public agency a written 256
waiver of delivery of such notice. Such waiver may be given by 257
[telegram] electronic transmission or by mail . The requirement of 258
delivery of such written notice may also be dispensed with as to any 259
member who is actually present at the meeting at the time it convenes. 260
(4) Nothing in this section shall be construed to prohibit any agency 261
from adopting more stringent notice requirements. 262
Sec. 8. Subdivision (1) of section 4d -30 of the general statutes is 263
repealed and the following is substituted in lieu thereof (Effective October 264
1, 2026): 265
(1) "Contract" means a contract for state agency information system 266
or telecommunication system facilities, equipment or services, which is 267
awarded pursuant to this chapter or [subsection (e) of section 1 -205,] 268
subsection (c) of section 1-211, [subsection (b) of section 1-212, section 4-269
5,] subsection (a) of section 10a-151b [,] or subsection (b) of section 19a-270
110. 271
Sec. 9. Section 4d -47 of the general statutes is repealed and the 272
following is substituted in lieu thereof (Effective October 1, 2026): 273
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With respect to any state employee whose position is eliminated or 274
who is laid off as a result of any contract or amendment to a contract 275
which is subject to the provisions of this chapter and [subsection (e) of 276
section 1-205,] subsection (c) of section 1 -211, [subsection (b) of section 277
1-212, section 4 -5,] section 4a-50, 4a-51, subsection (b) of section 4a -57, 278
subsection (a) of section 10a-151b [,] or subsection (b) of section 19a-110, 279
or any subcontract for work under such contract or amendment, (1) the 280
contractor shall hire the employee, upon application by the employee, 281
unless the employee is hired by a subcontractor of the contractor, or (2) 282
the employee may transfer to any vacant position in state service for 283
which such employee is qualified, to the extent allowed under the 284
provisions of existing collectively bargained agreements and the general 285
statutes. If the contractor or any such subcontractor hires any such state 286
employee and does not provide the employee with fringe benefits which 287
are equivalent to, or greater than, the fringe benefits that the employee 288
would have received in state service, the state shall, for two years after 289
the employee terminates from state service, provide to the employee 290
either (A) the same benefits that such employee received from the state, 291
or (B) compensation in an amount which represents the difference in the 292
value of the fringe benefits that such employee received when in state 293
service and the fringe benefits that such employee receives from the 294
contractor or subcontractor. 295
Sec. 10. Section 4d -48 of the general statutes is repealed and the 296
following is substituted in lieu thereof (Effective October 1, 2026): 297
No contract or subcontract for state agency information system or 298
telecommunication system facilities, equipment or services may be 299
awarded to any business entity or individual pursuant to this chapter or 300
[subsection (e) of section 1 -205,] subsection (c) of section 1 -211, 301
[subsection (b) of section 1-212, section 4-5,] subsection (a) of section 10a-302
151b [,] or subsection (b) of section 19a -110, if such business entity or 303
individual previously had a contract with the state or a state agency to 304
provide information system or telecommunication system facilities, 305
equipment or services and such prior contract was finally terminated by 306
the state or a state agency within the previous five years for the reason 307
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that such business entity or individual failed to perform or otherwise 308
breached a material obligation of the contract related to information 309
system or telecommunication system facilities, equipment or services. If 310
the termination of any such previous contract is contested in an 311
arbitration or judicial proceeding, the termination shall not be final until 312
the conclusion of such arbitration or judicial proceeding. If the fact -313
finder determines, or a settlement stipulates, that the contractor failed 314
to perform or otherwise breached a material obligation of the contract 315
related to information system or telecommunication system facilities, 316
equipment or services, any award of a contract pursuant to said chapter 317
or sections during the pendency of such arbitration or proceeding shall 318
be rescinded and the bar provided in this section shall apply to such 319
business entity or individual. 320
This act shall take effect as follows and shall amend the following
sections:

Section 1 October 1, 2026 1-205(e)
Sec. 2 October 1, 2026 1-210(d)
Sec. 3 October 1, 2026 1-212(g)
Sec. 4 October 1, 2026 1-200
Sec. 5 October 1, 2026 1-218
Sec. 6 October 1, 2026 1-211(b)
Sec. 7 October 1, 2026 1-225(d)
Sec. 8 October 1, 2026 4d-30(1)
Sec. 9 October 1, 2026 4d-47
Sec. 10 October 1, 2026 4d-48

GOS Joint Favorable

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The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of
the General Assembly, solely for purposes of information, summarization and explanation and do not
represent the intent of the General Assembly or either chamber thereof for any purpose. In general,
fiscal impacts are based upon a variety of informational sources, including the analyst’s professional
knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final
products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact: None
Municipal Impact: None
Explanation
The bill makes a variety of changes related to the Freedom of
Information Act (FOIA) and its process, and updates the statute to align
with current training practices of the Freedom of Information
Commission (FOIC), resulting in no fiscal impact to the state or
municipalities.
The Out Years
State Impact: None
Municipal Impact: None

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OLR Bill Analysis
HB 5250

AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
FREEDOM OF INFORMATION COMMISSION FOR REVISIONS TO
THE FREEDOM OF INFORMATION ACT.

SUMMARY
This bill makes several unrelated changes to the Freedom of
Information Act (FOIA). Among other things, it:
1. conforms the law on trainings given by the Freedom of
Information Commission (FOIC) to current practice (§ 1);
2. clarifies which public agencies must be named in an appeal to
FOIC when a request to inspect or copy a record is denied under
FOIA’s safety risk exemption (§ 2);
3. explicitly allows the copying of public records using mobile
telephones or cameras (§ 3);
4. limits the applicability of FOIA’s definition of “governmental
function” so that it applies only to a statute on contracts for
performing a governmental function, rather than throughout
FOIA (§§ 4-6); and
5. allows notice of a special meeting to be sent to a public agency’s
members electronically (§ 7).
Lastly, the bill makes technical and conforming changes. Among
other things, it amends provisions on the awarding of state government
information technology contracts to remove erroneous references to (1)
FOIC training and fees for copying public records a nd (2) the statutory
list of department heads (§§ 8-10).
EFFECTIVE DATE: October 1, 2026
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§ 1 — FOIC TRAINING
The law requires FOIC to hold annual training sessions for members
of public agencies on FOIA’s provisions ( such as public record and
meeting-related requirements). The bill eliminates requirements for
FOIC to hold training on (1) physical requirements for public records
(such as standard ink) and (2) the general prohibition on smoking
indoors. It adds requirements for the commission to hold training s on
(1) contracts for the performance of a governmental function, (2)
veterans’ military records, (3) court actions involving FOIA, and (4) the
commission’s recommended budget appropriations and allotments.
§ 2 — SAFETY RISK APPEALS
Under FOIA, an executive branch state agency that receives a request
to disclose records potentially subject to FOIA’s safety risk exemption
(CGS § 1 -210(b)(19)) must consult with the Department of
Administrative Services (DAS) commissioner before disclosi ng the
records. A municipal, regional, or district agency must consult with the
Department of Emergency Services and Public Protection (DESPP)
commissioner. In both cases, FOIA allows the applicable commissioner
to direct the custodial agency to withhold the record from disclosure.
Under current law, any FOIC appeal of a denial based on FOIA’s
safety risk exemption must be filed against the state, municipal,
regional, or district agency that issued the directive to withhold the
record. Under the bill, the appeal must be filed against both the agency
with custody of the record and the commissioner (DAS or DESPP, as
applicable) that directed the agency to withhold the record.
§ 3 — USING MOBILE PHONES AND CAMERAS TO MAKE COPIES
The bill explicitly allows people to copy public records using mobile
telephones, cameras, or other portable devices capable of capturing an
image of a public record. It does so by deeming these devices to be
“hand-held scanners” under FOIA’s copies and scanning of public
records provision, which also allows public agencies to set a fee
structure for copying records with a hand-held scanner at the agency.
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FOIA allows (1) individuals to use a hand -held scanner to copy
records and (2) public agencies to charge up to $20 each time someone
uses a scanner to copy records at the agency. Currently under FOIA, a
“hand-held scanner” is a battery -operated electronic scanning device
that leaves no mark or impression on the records and does not
unreasonably interfere with the agency’s operations.
§§ 4-6 — GOVERNMENTAL FUNCTION
Under FOIA, a “governmental function” generally includes a public
agency program’s administration or management by a person that,
among other things, participates in making governmental policies or
decisions connected to the program’s administration or management. It
does not include the mere provision of goods or services to a public
agency without delegated program management or administration
responsibilities. The bill limits this definition’s applicability so that it
remains applicable only to a statute on contracts for performing a
governmental function, rather than throughout FOIA as under current
law (see BACKGROUND).
Under current law, “governmental function” also appears in a FOIA
provision generally prohibit ing public agencies from entering into
contracts that impair the public’s right to inspect or copy records stored
in a computer system the agency owns, leases, or uses in the course of
its governmental functions. The bill makes a conforming change by
eliminating the reference to governmental functions.
§ 7 — NOTICE ABOUT A SPECIAL MEETING
FOIA generally requires public agencies to give at least 24 hours’
notice of a special meeting unless there is an emergency. The bill allows
public agencies to send a notice about a special meeting to their
members either electronically or by mail to their homes. Current law
requires that the notice be delivered to the member’s home , but it also
allows members to waive delivery of the notice by filing a written
waiver with the agency’s clerk or secretary. The bill allows members to
submit these waivers electronically or by mail and eliminates the option
to send them by telegram.
HB5250 File No. 316

HB5250 / File No. 316 16

BACKGROUND
Contract for Performance of a Governmental Function
By law, each contract exceeding $2.5 million between a public agency
and a person for the performance of a “governmental function” must
state that the public agency is entitled to a copy of records and files
related to the performance of the governmental function. The contract
must also indicate that these records or files are subject to FOIA and may
be disclosed by the public agency under FOIA.
COMMITTEE ACTION
Government Oversight Committee
Joint Favorable
Yea 12 Nay 0 (03/17/2026)