General Assembly Substitute Bill No. 7293
January Session, 2017 *_____HB07293PD____032717____*
General Assembly
Substitute Bill No. 7293
January Session, 2017
*_____HB07293PD____032717____*
AN ACT CONCERNING REGIONAL CONSOLIDATION EFFORTS AND MUNICIPALITIES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (a) of section 7-468 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017, and applicable to any collective bargaining agreement entered into or renewed on or after said date, or whose termination date is extended beyond said date):
(a) (1) Employees shall have, and shall be protected in the exercise of, the right of self-organization, to form, join or assist any employee organization, to bargain collectively through representatives of their own choosing on questions of wages, hours and other conditions of employment, except as provided in subdivision (2) of this subsection, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, free from actual interference, restraint or coercion.
(2) On and after October 1, 2017, "wages, hours and other conditions of employment" shall not include any question related to voluntary regional consolidation efforts by a municipality so as to prohibit or limit such municipality's ability to enter into any regional consolidation agreement or arrangement.
Sec. 2. Subsection (f) of section 7-474 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017, and applicable to any collective bargaining agreement entered into or renewed on or after said date, or whose termination date is extended beyond said date):
(f) (1) Where there is a conflict between any agreement reached by a municipal employer and an employee organization and approved in accordance with the provisions of sections 7-467 to 7-477, inclusive, on matters appropriate to collective bargaining, as defined in said sections, and any charter, special act, ordinance, rules or regulations adopted by the municipal employer or its agents such as a personnel board or civil service commission, or any general statute directly regulating the hours of work of policemen or firemen, or any general statute providing for the method or manner of covering or removing employees from coverage under the Connecticut municipal employees' retirement system or under the Policemen and Firemen Survivors' Benefit Fund, the terms of such agreement shall prevail; provided, if participation of any employees in said system or said fund is effected by such agreement, the effective date of participation in said system or said fund, notwithstanding any contrary provision in such agreement, shall be the first day of the third month following the month in which a certified copy of such agreement is received by the Retirement Commission, or such later date as may be specified in the agreement.
(2) Notwithstanding the provisions of subdivision (1) of this subsection or subsection (b) of this section, the provisions of subdivision (2) of subsection (a) of section 7-468, as amended by this act, shall not be superseded by the terms of any agreement.
Sec. 3. (NEW) (Effective October 1, 2017) (a) Towns, cities and boroughs, by vote of their respective legislative bodies, after a public hearing, may unite to form public service districts, which shall be instrumentalities of their constituent municipalities. The affairs of any such district shall be managed by a board, which shall exercise all the authority as to public services required of or conferred upon the constituent municipalities by law.
(b) Each town, city and borough, which has so voted to become a part of any such public service district, shall, by its board of selectmen, city council or board of burgesses, appoint one person to be a member of the board, described in subsection (a) of this section. Any town, city or borough having a population of more than ten thousand inhabitants, as annually estimated by the Department of Public Health by a method comparable or similar to that used by the United States Bureau of the Census, shall be entitled to one additional representative for each additional ten thousand population or part thereof, provided no such municipality shall have more than five representatives on such board. The term of office for members of such board shall be three years, except that: (1) A district containing only one town may elect to have one-year or three-year terms of office, and (2) during the initial formation of a board with three-year appointments, appointments shall be so made that approximately one-third of the board shall be appointed for one year, approximately one-third appointed for two years and approximately one-third appointed for three years. Members of the board shall serve without compensation but shall receive their necessary expenses while in the performance of their official duties.
Sec. 4. (NEW) (Effective October 1, 2017) (a) Each board formed pursuant to section 3 of this act may make and adopt reasonable rules and regulations for the provision of public services within the district not in conflict with law. The powers of each district shall include, but not be limited to, the following enumerated powers: (1) To sue and be sued; (2) to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the district; (3) to make and from time to time amend and repeal bylaws, rules and regulations; (4) to acquire real estate; (5) to provide for the financing of the programs, projects or other functions of the district in the manner described in subsection (b) of this section; and (6) to have such other powers as are necessary to properly carry out its powers as an independent entity of government.
(b) A public service district may, without limiting its authority under other provisions of law, borrow money for the purpose of carrying out or administering a district public service project, program or other function, or for the purpose of refinancing existing indebtedness, or temporarily in anticipation of receipt of current revenues, and provided the board shall hold a public hearing on any such proposed borrowing which is estimated by the board to increase the annual apportionment of district expenses made pursuant to subsection (c) of this section by more than seven per cent over levels currently established. The board shall give one week's notice of such hearing in a newspaper having a circulation in each constituent municipality of the district. The public service district may enter into note, loan or other agreements providing that such borrowings shall be payable from or secured by one or more of the following: (1) A pledge, lien, mortgage or other security interest in any or all of the income, proceeds, revenues and property, real or personal, of its projects, assets, programs or other functions, including the proceeds of payments, grants, loans, advances, guarantees or contributions from the federal government, the state of Connecticut, the constituent municipalities of the public service district or any other source; or (2) a pledge, lien, mortgage or other security interest in the property, real or personal, of projects to be financed by the borrowing. Such borrowings and obligations shall not constitute an indebtedness within the meaning of any debt limitation or restrictions on, and shall not be obligations of, the state of Connecticut or any municipality. No constituent municipality of a district shall be liable for any such borrowing or obligation of the district upon default. Neither members of the board, as described in subsection (a) of section 3 of this act, nor any person executing on behalf of the public service district any note, mortgage, pledge, loan, security or other agreement in connection with the borrowing of money by a public service district shall be personally liable on the obligations thereunder or be subject to any personal liability or accountability by reason of the entry into such agreements. Each pledge, agreement or assignment made for the benefit or security of any such borrowing entered into pursuant to this subsection shall be in effect until the principal and interest on such borrowing for the benefit of which the same were made have been fully paid, or until provision is made for the payment in the manner provided in such pledge, agreement or assignment. Any pledge or assignment made in respect of such borrowing that is secured thereby shall be valid and binding from the time when the pledge or assignment is made. Any income, proceeds, revenues or property so pledged or assigned and thereafter received by the district shall immediately be subject to the lien of such pledge, without any physical delivery thereof or further act. The lien of any such pledge or assignment shall be valid and binding as against parties having claims of any kind in tort, contract or otherwise against the public service district irrespective of whether such parties have notice thereof. Neither the resolution, trust indenture, agreement, assignment or other instrument by which a pledge is created need be recorded or filed, except for the recording of any mortgage or lien on real property or on any interest in real property.
(c) The board, described in subsection (a) of section 3 of this act, shall meet at least quarterly and at other times as determined by the chairperson. The board shall elect a chairperson and shall furnish the necessary offices and equipment to enable the board to carry out its duties. The board may elect an executive committee, consisting of the chairperson and two other members and such executive committee shall have power to act when the board is not in session. The fiscal year of each such public service district shall be from July first to June thirtieth, and, by June thirtieth in each year, the board shall estimate the amount of money required to pay the costs and expenses of the public service district during the ensuing fiscal year, provided, if any municipality within the public service district has a fiscal year that begins on July first, such estimate shall be made by April thirtieth of each year. Such board shall hold a public hearing on its proposed budget after two weeks' notice of such hearing is given in a newspaper having a circulation in each constituent municipality of such public service district. From time to time, the board shall draw upon the treasurer of each town, city or borough within the public service district a proportionate share of the expenses of such district, from such funds as may have been appropriated by each, to pay the cost of operating the public service district, including debt service on borrowings of the district, such apportionment shall be made equitable on a per capita basis as established by the last annual population estimate by the Department of Public Health for each participating town, city or borough.
Sec. 5. (NEW) (Effective October 1, 2017) (a) Any constituent town, city or borough may, by vote passed prior to January first in any year, withdraw from the public service district. Such withdrawal shall become effective on the first day of the following July, provided such city, town or borough shall be a member of the district for at least twenty-four months prior to such vote of withdrawal. Employees shall not lose any benefits or civil services status as a result of the withdrawal from such district.
(b) Notwithstanding the provisions of subsection (a) of this section, no withdrawal or termination of participation by any constituent municipality shall affect any pledge, agreement, assignment or mortgage of any income, revenue proceeds or property of a public service district made for the benefit or security of any borrowing of such district.
(c) Notwithstanding any provision of the general statutes, no public service district shall cease to exist until such time as payment or provision for payment of the outstanding balance of borrowings of such district is made.
Sec. 6. (NEW) (Effective October 1, 2017) Each regional council of governments organized under the provisions of sections 4-124i to 4-124p, inclusive, of the general statutes shall make a written plan for its area of operation, including recommendations for its members regarding specific collaboration and service sharing. The plan shall identify areas where it is feasible and prudent for such members to collaborate and share services, including, but not limited to, (1) public safety answering points, (2) special education services, (3) student transportation, (4) library operations, (5) public health services, (6) collaborative purchasing, and (7) municipal code enforcement.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2017, and applicable to any collective bargaining agreement entered into or renewed on or after said date, or whose termination date is extended beyond said date 7-468(a)
Sec. 2 October 1, 2017, and applicable to any collective bargaining agreement entered into or renewed on or after said date, or whose termination date is extended beyond said date 7-474(f)
Sec. 3 October 1, 2017 New section
Sec. 4 October 1, 2017 New section
Sec. 5 October 1, 2017 New section
Sec. 6 October 1, 2017 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2017, and applicable to any collective bargaining agreement entered into or renewed on or after said date, or whose termination date is extended beyond said date
7-468(a)
Sec. 2
October 1, 2017, and applicable to any collective bargaining agreement entered into or renewed on or after said date, or whose termination date is extended beyond said date
7-474(f)
Sec. 3
October 1, 2017
New section
Sec. 4
October 1, 2017
New section
Sec. 5
October 1, 2017
New section
Sec. 6
October 1, 2017
New section
Statement of Legislative Commissioners:
Throughout sections 3 to 5, inclusive, technical changes were made for clarity and conformity with drafting conventions.
PD Joint Favorable Subst. -LCO
PD
Joint Favorable Subst. -LCO