Connecticut 2010 Regular Session

Connecticut House Bill HB05254 Compare Versions

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1-General Assembly Substitute Bill No. 5254
2-February Session, 2010 *_____HB05254PD____031810____*
1+General Assembly Raised Bill No. 5254
2+February Session, 2010 LCO No. 1158
3+ *01158_______PD_*
4+Referred to Committee on Planning and Development
5+Introduced by:
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48 General Assembly
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6-Substitute Bill No. 5254
10+Raised Bill No. 5254
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812 February Session, 2010
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10-*_____HB05254PD____031810____*
14+LCO No. 1158
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12-AN ACT CONCERNING THE JEOPARDY COLLECTION OF TAXES.
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18+Referred to Committee on Planning and Development
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20+Introduced by:
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22+(PD )
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24+AN ACT REPEALING THE MUNICIPAL JEOPARDY TAX.
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1426 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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16-Section 1. Section 12-163 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
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18-(a) If, between the assessment date and the tax due date, any tax collector believes that the collection of any tax will be jeopardized by delay, he shall, subject to the provisions of this section, collect such tax forthwith. He may enforce collection thereof by using any one or more of the methods provided in sections 12-155, 12-161 and 12-162, or in any other section of the general statutes relating to the enforced collection of taxes. If the amount of such tax has been definitely fixed by the rate maker, the collector shall collect such amount. If the assessment of the property represented by such tax has been fixed by the assessors but the tax rate has not been laid, the collector shall, subject to the provisions of this section, enforce collection of a tax obtained by multiplying the assessment so fixed by the tax rate of the year next preceding. If neither the assessment of the property nor the tax rate has been fixed, the tax collector shall make application to the assessors for a valuation on such property. The assessors shall forthwith assess such property and the assessment placed upon such property by the assessors, together with the tax rate of the year next preceding, shall be used by the collector in determining the amount of tax to be collected. If, after the payment of any tax in conformity with the provisions of this section, it is found that the amount so paid is in excess of the amount which would have been paid on the tax due date or after appeal to the courts, the excess so paid shall be returned to the taxpayer upon written application by him to the treasurer of the municipality. Such written application shall contain a recital of the facts; shall show the amount of rebate to which the applicant believes he is entitled; shall be approved by the tax collector, and shall be made within the period of one year from the date of the definite determination of such tax. The person against whom jeopardy collection proceedings have been begun may obtain a stay of collection of the whole or any part of the amount of the tax so represented by such proceedings by filing with the tax collector a bond in such an amount, not exceeding double the amount as to which the stay is desired, and with such surety as the tax collector deems necessary, conditioned upon the payment of so much of the amount, the collection of which is stayed by the bond, as is found to be due from such person when the grand list has been completed and the tax rate fixed, or as is determined by the board of assessment appeals or a court of competent jurisdiction after appeal to it. The amount of the tax which is stayed by the bond shall be paid on notice and demand of the tax collector, at any time after the tax due date. The person subject to jeopardy collection proceedings, under the provisions of this section, who has obtained a stay of collection in whole or in part, shall have the right to waive such stay at any time in respect to the whole or any part of the amount covered by the bond and if, as the result of such waiver, any part of the amount covered by the bond is paid, the bond shall, at the request of the taxpayer, be proportionately reduced.
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20-(b) Upon commencing a tax collection pursuant to subsection (a) of this section, a tax collector shall provide written notice of such collection to (1) the chief elected official in the municipality in which the property that is the subject of the collection action is located, and (2) the person subject to such collection. Such written notice shall contain a detailed explanation supporting the tax collector's belief that the tax collection will be jeopardized by delay.
28+Section 1. Section 12-163 of the general statutes is repealed. (Effective from passage)
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2533 This act shall take effect as follows and shall amend the following sections:
26-Section 1 from passage 12-163
34+Section 1 from passage Repealer section
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2836 This act shall take effect as follows and shall amend the following sections:
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3038 Section 1
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3240 from passage
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34-12-163
42+Repealer section
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44+Statement of Purpose:
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46+To repeal section 12-163 of the general statutes concerning the jeopardy collection of taxes.
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38-PD Joint Favorable Subst.
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40-PD
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42-Joint Favorable Subst.
48+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]