Connecticut 2010 Regular Session

Connecticut Senate Bill SB00491 Compare Versions

Only one version of the bill is available at this time.
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11 General Assembly Raised Bill No. 491
22 February Session, 2010 LCO No. 2661
33 *02661_______JUD*
44 Referred to Committee on Judiciary
55 Introduced by:
66 (JUD)
77
88 General Assembly
99
1010 Raised Bill No. 491
1111
1212 February Session, 2010
1313
1414 LCO No. 2661
1515
1616 *02661_______JUD*
1717
1818 Referred to Committee on Judiciary
1919
2020 Introduced by:
2121
2222 (JUD)
2323
2424 AN ACT CONCERNING LIENS ON REAL PROPERTY RELATED TO TAXES, ASSESSMENTS AND CHARGES.
2525
2626 Be it enacted by the Senate and House of Representatives in General Assembly convened:
2727
2828 Section 1. (NEW) (Effective October 1, 2010) (a) For the purposes of this section, "tax collector" means the tax collector, treasurer or other officer responsible for collecting any tax, assessment or charge on behalf of (1) any local government, as defined in section 2-32b of the general statutes; (2) a private or public waterworks system; (3) a municipal special services district established under chapter 105a of the general statutes; (4) a public water company, as defined in section 16-20 of the general statutes; (5) a regional water pollution authority; (6) a municipal water pollution control authority; (7) a regional water authority or regional sewer district established under an act of the General Assembly; or (8) any other entity providing water or sewer services.
2929
3030 (b) Each tax collector shall, not later than five business days after receiving a written request from a person pursuant to this section, furnish to the person a certificate of all taxes, assessments and charges related to any parcel of real property specified in the request and collected by the entity named in the request, which, as of the date of the certificate, constitutes a lien on such real property. Such taxes, assessments and charges include, but are not limited to, property taxes, assessments, use charges and other charges due and payable to any entity specified in subdivisions (1) to (8), inclusive, of subsection (a) of this section. The certificate shall be itemized and shall indicate the amounts payable as of the date of the certificate for all such taxes, assessments and charges to the extent such amounts are fixed and ascertained, and, if such amounts are not fixed or ascertainable as of the date of the certificate, the certificate shall so indicate. The tax collector of a municipality, as defined in section 4-124s of the general statutes, shall charge twenty-five dollars for each certificate issued and the money received shall be paid into the municipality's general fund, and any other tax collector shall charge fifteen dollars for each certificate issued and the money received shall be paid into the respective entity's treasury. The certificate shall be in substantially the following form:
3131
3232
3333
3434
3535 T1 LIEN CERTIFICATE
3636 T2
3737 T3 Re: Address:
3838 T4 Parcel ID:
3939 T5 Record Owner as of October 1, .... (Current Tax Year)
4040 T6
4141 T7 Upon written application of ...., dated ...., and pursuant to this
4242 T8 section, I certify from available information that all taxes,
4343 T9 assessments and charges now due and payable, or not yet due and
4444 T10 payable, to ...., which constitute a lien on the above-described real
4545 T11 property as of the date of this certificate, are listed below:
4646 T12
4747 T13 Type: (e.g. real property, fire district, sewer, water)
4848 T14 Assessment Date: October 1, ....
4949 T15
5050 T16 Assessment . . . .
5151 T17 Taxes (Indicate if not yet fixed and ascertainable) . . . .
5252 T18 Dates Due and Payable . . . .
5353 T19 Payments Made . . . .
5454 T20 Payments Due . . . .
5555 T21 Interest and Penalties Due . . . .
5656 T22 Lien Fees Due . . . .
5757 T23
5858 T24 Type: . . . .
5959 T25 Assessment Date: October 1, ....
6060 T26
6161 T27 Assessment . . . .
6262 T28 Taxes (Indicate if not yet fixed and ascertainable) . . . .
6363 T29 Dates Due and Payable . . . .
6464 T30 Payments Made . . . .
6565 T31 Payments Due . . . .
6666 T32 Interest and Penalties Due . . . .
6767 T33 Lien Fees Due . . . .
6868 T34
6969 T35 . . . . . . . .
7070 T36 Tax Collector (or authorized representative),
7171 T37 Town/District/Other . . . .
7272
7373 T1
7474
7575 LIEN CERTIFICATE
7676
7777 T2
7878
7979 T3
8080
8181 Re:
8282
8383 Address:
8484
8585 T4
8686
8787 Parcel ID:
8888
8989 T5
9090
9191 Record Owner as of October 1, .... (Current Tax Year)
9292
9393 T6
9494
9595 T7
9696
9797 Upon written application of ...., dated ...., and pursuant to this
9898
9999 T8
100100
101101 section, I certify from available information that all taxes,
102102
103103 T9
104104
105105 assessments and charges now due and payable, or not yet due and
106106
107107 T10
108108
109109 payable, to ...., which constitute a lien on the above-described real
110110
111111 T11
112112
113113 property as of the date of this certificate, are listed below:
114114
115115 T12
116116
117117 T13
118118
119119 Type:
120120
121121 (e.g. real property, fire district, sewer, water)
122122
123123 T14
124124
125125 Assessment Date:
126126
127127 October 1, ....
128128
129129 T15
130130
131131 T16
132132
133133 Assessment
134134
135135 . . . .
136136
137137 T17
138138
139139 Taxes (Indicate if not yet fixed and ascertainable)
140140
141141 . . . .
142142
143143 T18
144144
145145 Dates Due and Payable
146146
147147 . . . .
148148
149149 T19
150150
151151 Payments Made
152152
153153 . . . .
154154
155155 T20
156156
157157 Payments Due
158158
159159 . . . .
160160
161161 T21
162162
163163 Interest and Penalties Due
164164
165165 . . . .
166166
167167 T22
168168
169169 Lien Fees Due
170170
171171 . . . .
172172
173173 T23
174174
175175 T24
176176
177177 Type:
178178
179179 . . . .
180180
181181 T25
182182
183183 Assessment Date:
184184
185185 October 1, ....
186186
187187 T26
188188
189189 T27
190190
191191 Assessment
192192
193193 . . . .
194194
195195 T28
196196
197197 Taxes (Indicate if not yet fixed and ascertainable)
198198
199199 . . . .
200200
201201 T29
202202
203203 Dates Due and Payable
204204
205205 . . . .
206206
207207 T30
208208
209209 Payments Made
210210
211211 . . . .
212212
213213 T31
214214
215215 Payments Due
216216
217217 . . . .
218218
219219 T32
220220
221221 Interest and Penalties Due
222222
223223 . . . .
224224
225225 T33
226226
227227 Lien Fees Due
228228
229229 . . . .
230230
231231 T34
232232
233233 T35
234234
235235 . . . . . . . .
236236
237237 T36
238238
239239 Tax Collector (or authorized representative),
240240
241241 T37
242242
243243 Town/District/Other . . . .
244244
245245 (c) Notwithstanding any provision of the general statutes, upon the recording of a certificate issued pursuant to this section in the land records for the municipality in which the parcel of real property specified in the certificate is located, such parcel of real property shall be discharged from any lien for taxes, assessments or charges, or portions thereof, which do not appear, but which should have appeared, on such certificate as of the date of the certificate.
246246
247247 (d) Notwithstanding any provision of the general statutes, a certificate issued under this section shall not affect the obligation of any person liable for the payment of any tax, assessment or charge by reason of being the owner of such parcel of real property at the time such tax, assessment or charge became effective, except that the issuance of a certificate under this section shall estop the entity whose tax collector issued the certificate from pursuing payment of such tax, assessment or charge from any other person.
248248
249249 (e) The requirement to provide a certificate under this section shall be in addition to any other requirement to provide a certificate under any provision of the general statutes or act of the General Assembly.
250250
251251
252252
253253
254254 This act shall take effect as follows and shall amend the following sections:
255255 Section 1 October 1, 2010 New section
256256
257257 This act shall take effect as follows and shall amend the following sections:
258258
259259 Section 1
260260
261261 October 1, 2010
262262
263263 New section
264264
265265 Statement of Purpose:
266266
267267 To require towns, fire, sewer and other districts and other entities that provide water, sewerage and other services to provide a lien certificate that establishes the amount due as of the date of the certificate for the purpose of filing on the land records and discharging amounts not included in the certificate.
268268
269269 [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.]