Connecticut 2019 Regular Session

Connecticut House Bill HB05127 Compare Versions

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76 General Assembly Committee Bill No. 5127
87 January Session, 2019
98 LCO No. 3518
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1211 Referred to Committee on PLANNING AND DEVELOPMENT
1312
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1514 Introduced by:
1615 (PD)
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1918
2019 AN ACT CONCERNING TH E ERECTION OF FENCES A ND THE
2120 PLANTING OF HEDGES A ND TREES THAT OBSTRU CT WATER
2221 VIEWS.
2322 Be it enacted by the Senate and House of Representatives in General
2423 Assembly convened:
2524
2625 Section 1. Subsection (c) of section 7-148 of the general statutes is 1
2726 repealed and the following is substituted in lieu thereof (Effective 2
2827 January 1, 2020): 3
2928 (c) Any municipality shall have the power to do any of the 4
3029 following, in addition to all powers granted to municipalities under 5
3130 the Constitution and general statutes: 6
3231 (1) (A) Contract and be contracted with, sue and be sued, and 7
3332 institute, prosecute, maintain and defend any action or proceeding in 8
3433 any court of competent jurisdiction; 9
3534 (B) Provide for the authentication, execution and delivery of deeds, 10
3635 contracts, grants, and releases of municipal property and for the 11
3736 issuance of evidences of indebtedness of the municipality; 12
38-(2) (A) Establish and maintain a budget system; 13 Committee Bill No. 5127
37+(2) (A) Establish and maintain a budget system; 13
38+Committee Bill No. 5127
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4543 (B) Assess, levy and collect taxes for general or special purposes on 14
4644 all property, subjects or objects which may be lawfully taxed, and 15
4745 regulate the mode of assessment and collection of taxes and 16
4846 assessments not otherwise provided for, including establishment of a 17
4947 procedure for the withholding of approval of building application 18
5048 when taxes or water or sewer rates, charges or assessments imposed 19
5149 by the municipality are delinquent for the property for which an 20
5250 application was made; 21
5351 (C) Make appropriations for the support of the municipality and 22
5452 pay its debts; 23
5553 (D) Make appropriations for the purpose of meeting a public 24
5654 emergency threatening the lives, health or property of citizens, 25
5755 provided such appropriations shall require a favorable vote of at least 26
5856 two-thirds of the entire membership of the legislative body or, when 27
5957 the legislative body is the town meeting, at least two-thirds of those 28
6058 present and voting; 29
6159 (E) Make appropriations to military organizations, hospitals, health 30
6260 care facilities, public health nursing organizations, nonprofit museums 31
6361 and libraries, organizations providing drug abuse and dependency 32
6462 programs and any other private organization performing a public 33
6563 function; 34
6664 (F) Provide for the manner in which contracts involving unusual 35
6765 expenditures shall be made; 36
6866 (G) When not specifically prescribed by general statute or by 37
6967 charter, prescribe the form of proceedings and mode of assessing 38
7068 benefits and appraising damages in taking land for public use, or in 39
7169 making public improvements to be paid for, in whole or in part, by 40
7270 special assessments, and prescribe the manner in which all benefits 41
7371 assessed shall be collected; 42
7472 (H) Provide for the bonding of municipal officials or employees by 43
75-requiring the furnishing of such bond, conditioned upon honesty or 44 Committee Bill No. 5127
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78+requiring the furnishing of such bond, conditioned upon honesty or 44
8279 faithful performance of duty and determine the amount, form, and 45
8380 sufficiency of the sureties thereof; 46
8481 (I) Regulate the method of borrowing money for any purpose for 47
8582 which taxes may be levied and borrow on the faith and credit of the 48
8683 municipality for such general or special purposes and to such extent as 49
8784 is authorized by general statute; 50
8885 (J) Provide for the temporary borrowing of money; 51
8986 (K) Create a sinking fund or funds or a trust fund or funds or other 52
9087 special funds, including funds which do not lapse at the end of the 53
9188 municipal fiscal year; 54
9289 (L) Provide for the assignment of municipal tax liens on real 55
9390 property to the extent authorized by general statute; 56
9491 (3) (A) Take or acquire by gift, purchase, grant, including any grant 57
9592 from the United States or the state, bequest or devise and hold, 58
9693 condemn, lease, sell, manage, transfer, release and convey such real 59
9794 and personal property or interest therein absolutely or in trust as the 60
9895 purposes of the municipality or any public use or purpose, including 61
9996 that of education, art, ornament, health, charity or amusement, 62
10097 cemeteries, parks or gardens, or the erection or maintenance of statues, 63
10198 monuments, buildings or other structures, require. Any lease of real or 64
10299 personal property or any interest therein, either as lessee or lessor, may 65
103100 be for such term or any extensions thereof and upon such other terms 66
104101 and conditions as have been approved by the municipality, including 67
105102 without limitation the power to bind itself to appropriate funds as 68
106103 necessary to meet rent and other obligations as provided in any such 69
107104 lease; 70
108105 (B) Provide for the proper administration of gifts, grants, bequests 71
109106 and devises and meet such terms or conditions as are prescribed by the 72
110107 grantor or donor and accepted by the municipality; 73
111-(4) (A) Provide for police protection, regulate and prescribe the 74 Committee Bill No. 5127
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113+(4) (A) Provide for police protection, regulate and prescribe the 74
118114 duties of the persons providing police protection with respect to 75
119115 criminal matters within the limits of the municipality and maintain 76
120116 and regulate a suitable place of detention within the limits of the 77
121117 municipality for the safekeeping of all persons arrested and awaiting 78
122118 trial and do all other things necessary or desirable for the policing of 79
123119 the municipality; 80
124120 (B) Provide for fire protection, organize, maintain and regulate the 81
125121 persons providing fire protection, provide the necessary apparatus for 82
126122 extinguishing fires and do all other things necessary or desirable for 83
127123 the protection of the municipality from fire; 84
128124 (C) Provide for entertainment, amusements, concerts, celebrations 85
129125 and cultural activities, including the direct or indirect purchase, 86
130126 ownership and operation of the assets of one or more sports franchises; 87
131127 (D) Provide for ambulance service by the municipality or any 88
132128 person, firm or corporation; 89
133129 (E) Provide for the employment of nurses; 90
134130 (F) Provide for lighting the streets, highways and other public 91
135131 places of the municipality and for the care and preservation of public 92
136132 lamps, lamp posts and fixtures; 93
137133 (G) Provide for the furnishing of water, by contract or otherwise; 94
138134 (H) Provide for or regulate the collection and disposal of garbage, 95
139135 trash, rubbish, waste material and ashes by contract or otherwise, 96
140136 including prohibiting the throwing or placing of such materials on the 97
141137 highways; 98
142138 (I) Provide for the financing, construction, rehabilitation, repair, 99
143139 improvement or subsidization of housing for low and moderate 100
144140 income persons and families; 101
145-(5) (A) Provide for and establish pension systems for the officers 102 Committee Bill No. 5127
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146+(5) (A) Provide for and establish pension systems for the officers 102
152147 and employees of the municipality and for the active members of any 103
153148 volunteer fire department or any volunteer ambulance association of 104
154149 the municipality, and establish a system of qualification for the tenure 105
155150 in office of such officers and employees, provided the rights or benefits 106
156151 granted to any individual under any municipal retirement or pension 107
157152 system shall not be diminished or eliminated; 108
158153 (B) Establish a merit system or civil service system for the selection 109
159154 and promotion of public officials and employees. Nothing in this 110
160155 subparagraph shall be construed to validate any merit system or civil 111
161156 service system established prior to May 24, 1972; 112
162157 (C) Provide for the employment of and prescribe the salaries, 113
163158 compensation and hours of employment of all officers and employees 114
164159 of the municipality and the duties of such officers and employees not 115
165160 expressly defined by the Constitution of the state, the general statutes, 116
166161 charter or special act; 117
167162 (D) Provide for the appointment of a municipal historian; 118
168163 (6) (A) (i) Establish, lay out, construct, reconstruct, alter, maintain, 119
169164 repair, control and operate cemeteries, public burial grounds, 120
170165 hospitals, clinics, institutions for children and aged, infirm and 121
171166 chronically ill persons, bus terminals and airports and their 122
172167 accessories, docks, wharves, school houses, libraries, parks, 123
173168 playgrounds, playfields, fieldhouses, baths, bathhouses, swimming 124
174169 pools, gymnasiums, comfort stations, recreation places, public beaches, 125
175170 beach facilities, public gardens, markets, garbage and refuse disposal 126
176171 facilities, parking lots and other off-street parking facilities, and any 127
177172 and all buildings or facilities necessary or convenient for carrying on 128
178173 the government of the municipality; 129
179174 (ii) Create, provide for, construct, regulate and maintain all things in 130
180175 the nature of public works and improvements; 131
181-(iii) Enter into or upon any land for the purpose of making 132
182-necessary surveys or mapping in connection with any public 133 Committee Bill No. 5127
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181+(iii) Enter into or upon any land for the purpose of making 132
182+necessary surveys or mapping in connection with any public 133
189183 improvement, and take by eminent domain any lands, rights, 134
190184 easements, privileges, franchises or structures which are necessary for 135
191185 the purpose of establishing, constructing or maintaining any public 136
192186 work, or for any municipal purpose, in the manner prescribed by the 137
193187 general statutes; 138
194188 (iv) Regulate and protect from injury or defacement all public 139
195189 buildings, public monuments, trees and ornaments in public places 140
196190 and other public property in the municipality; 141
197191 (v) Provide for the planting, rearing and preserving of shade and 142
198192 ornamental trees on the streets and public grounds; 143
199193 (vi) Provide for improvement of waterfronts by a board, 144
200194 commission or otherwise; 145
201195 (B) (i) Lay out, construct, reconstruct, repair, maintain, operate, 146
202196 alter, extend and discontinue sewer and drainage systems and sewage 147
203197 disposal plants; 148
204198 (ii) Enter into or upon any land for the purpose of correcting the 149
205199 flow of surface water through watercourses which prevent, or may 150
206200 tend to prevent, the free discharge of municipal highway surface water 151
207201 through said courses; 152
208202 (iii) Regulate the laying, location and maintenance of gas pipes, 153
209203 water pipes, drains, sewers, poles, wires, conduits and other structures 154
210204 in the streets and public places of the municipality; 155
211205 (iv) Prohibit and regulate the discharge of drains from roofs of 156
212206 buildings over or upon the sidewalks, streets or other public places of 157
213207 the municipality or into sanitary sewers; 158
214208 (v) Enter into energy-savings performance contracts; 159
215-(C) (i) Lay out, construct, reconstruct, alter, maintain, repair, control, 160
216-operate, and assign numbers to streets, alleys, highways, boulevards, 161 Committee Bill No. 5127
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214+(C) (i) Lay out, construct, reconstruct, alter, maintain, repair, control, 160
215+operate, and assign numbers to streets, alleys, highways, boulevards, 161
223216 bridges, underpasses, sidewalks, curbs, gutters, public walks and 162
224217 parkways; 163
225218 (ii) Keep open and safe for public use and travel and free from 164
226219 encroachment or obstruction the streets, sidewalks and public places in 165
227220 the municipality; 166
228221 (iii) Control the excavation of highways and streets; 167
229222 (iv) Regulate and prohibit the excavation, altering or opening of 168
230223 sidewalks, public places and grounds for public and private purposes 169
231224 and the location of any work or things thereon, whether temporary or 170
232225 permanent, upon or under the surface thereof; 171
233226 (v) Require owners or occupants of land adjacent to any sidewalk or 172
234227 public work to remove snow, ice, sleet, debris or any other obstruction 173
235228 therefrom, provide penalties upon their failure to do so, and cause 174
236229 such snow, ice, sleet, debris or other obstruction to be removed and 175
237230 make the cost of such removal a lien on such property; 176
238231 (vi) Grant to abutting property owners a limited property or 177
239232 leasehold interest in abutting streets and sidewalks for the purpose of 178
240233 encouraging and supporting private commercial development; 179
241234 (7) (A) (i) Make rules relating to the maintenance of safe and 180
242235 sanitary housing; 181
243236 (ii) Regulate the mode of using any buildings when such regulations 182
244237 seem expedient for the purpose of promoting the safety, health, morals 183
245238 and general welfare of the inhabitants of the municipality; 184
246239 (iii) Regulate and prohibit the moving of buildings upon or through 185
247240 the streets or other public places of the municipality, and cause the 186
248241 removal and demolition of unsafe buildings and structures; 187
249-(iv) Regulate and provide for the licensing of parked trailers when 188
250-located off the public highways, and trailer parks or mobile 189 Committee Bill No. 5127
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247+(iv) Regulate and provide for the licensing of parked trailers when 188
248+located off the public highways, and trailer parks or mobile 189
257249 manufactured home parks, except as otherwise provided by special act 190
258250 and except where there exists a local zoning commission so 191
259251 empowered; 192
260252 (v) Establish lines beyond which no buildings, steps, stoop, veranda, 193
261253 billboard, advertising sign or device or other structure or obstruction 194
262254 may be erected; 195
263255 (vi) Regulate and prohibit the placing, erecting or keeping of signs, 196
264256 awnings or other things upon or over the sidewalks, streets and other 197
265257 public places of the municipality; 198
266258 (vii) Regulate plumbing and house drainage; 199
267259 (viii) Prohibit or regulate the construction of dwellings, apartments, 200
268260 boarding houses, hotels, commercial buildings, youth camps or 201
269261 commercial camps and commercial camping facilities in such 202
270262 municipality unless the sewerage facilities have been approved by the 203
271263 authorized officials of the municipality; 204
272264 (B) (i) Regulate and prohibit, in a manner not inconsistent with the 205
273265 general statutes, traffic, the operation of vehicles on streets and 206
274266 highways, off-street parking and on-street residential neighborhood 207
275267 parking areas in which on-street parking is limited to residents of a 208
276268 given neighborhood, as determined by the municipality; 209
277269 (ii) Regulate the speed of vehicles, subject to the provisions of the 210
278270 general statutes relating to the regulation of the speed of motor 211
279271 vehicles and of animals, and the driving or leading of animals through 212
280272 the streets; 213
281273 (iii) Require that conspicuous signage be posted in any area where a 214
282274 motor vehicle may be subject to towing or to the use of a wheel-locking 215
283275 device that renders such motor vehicle immovable, and that such 216
284276 signage indicate where the motor vehicle will be stored, how the 217
285-vehicle may be redeemed and any costs or fees that may be charged; 218 Committee Bill No. 5127
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282+vehicle may be redeemed and any costs or fees that may be charged; 218
292283 (C) Regulate and prohibit the construction or use, and require the 219
293284 removal of sinks, cesspools, drains, sewers, privies, barns, outhouses 220
294285 and poultry pens and houses; 221
295286 (D) (i) Regulate and prohibit the going at large of dogs and other 222
296287 animals in the streets and public places of the municipality and 223
297288 prevent cruelty to animals and all inhuman sports, except that no 224
298289 municipality shall adopt breed-specific dog ordinances; 225
299290 (ii) Regulate and prohibit the keeping of wild or domestic animals, 226
300291 including reptiles, within the municipal limits or portions thereof; 227
301292 (E) Define, prohibit and abate within the municipality all nuisances 228
302293 and causes thereof, and all things detrimental to the health, morals, 229
303294 safety, convenience and welfare of its inhabitants and cause the 230
304295 abatement of any nuisance at the expense of the owner or owners of 231
305296 the premises on which such nuisance exists; 232
306297 (F) (i) Keep streets, sidewalks and public places free from undue 233
307298 noise and nuisances, and prohibit loitering thereon; 234
308299 (ii) Regulate loitering on private property with the permission of the 235
309300 owner thereof; 236
310301 (iii) Prohibit the loitering in the nighttime of minors on the streets, 237
311302 alleys or public places within its limits; 238
312303 (iv) Prevent trespassing on public and private lands and in 239
313304 buildings in the municipality; 240
314305 (G) Prevent vice and suppress gambling houses, houses of ill-fame 241
315306 and disorderly houses; 242
316307 (H) (i) Secure the safety of persons in or passing through the 243
317308 municipality by regulation of shows, processions, parades and music; 244
318-(ii) Regulate and prohibit the carrying on within the municipality of 245
319-any trade, manufacture, business or profession which is, or may be, so 246 Committee Bill No. 5127
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314+(ii) Regulate and prohibit the carrying on within the municipality of 245
315+any trade, manufacture, business or profession which is, or may be, so 246
326316 carried on as to become prejudicial to public health, conducive to fraud 247
327317 and cheating, or dangerous to, or constituting an unreasonable 248
328318 annoyance to, those living or owning property in the vicinity; 249
329319 (iii) Regulate auctions and garage and tag sales; 250
330320 (iv) Prohibit, restrain, license and regulate the business of peddlers, 251
331321 auctioneers and junk dealers in a manner not inconsistent with the 252
332322 general statutes; 253
333323 (v) Regulate and prohibit swimming or bathing in the public or 254
334324 exposed places within the municipality; 255
335325 (vi) Regulate and license the operation of amusement parks and 256
336326 amusement arcades including, but not limited to, the regulation of 257
337327 mechanical rides and the establishment of the hours of operation; 258
338328 (vii) Prohibit, restrain, license and regulate all sports, exhibitions, 259
339329 public amusements and performances and all places where games may 260
340330 be played; 261
341331 (viii) Preserve the public peace and good order, prevent and quell 262
342332 riots and disorderly assemblages and prevent disturbing noises; 263
343333 (ix) Establish a system to obtain a more accurate registration of 264
344334 births, marriages and deaths than the system provided by the general 265
345335 statutes in a manner not inconsistent with the general statutes; 266
346336 (x) Control insect pests or plant diseases in any manner deemed 267
347337 appropriate; 268
348338 (xi) Provide for the health of the inhabitants of the municipality and 269
349339 do all things necessary or desirable to secure and promote the public 270
350340 health; 271
351341 (xii) Regulate the use of streets, sidewalks, highways, public places 272
352-and grounds for public and private purposes; 273 Committee Bill No. 5127
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347+and grounds for public and private purposes; 273
359348 (xiii) Make and enforce police, sanitary or other similar regulations 274
360349 and protect or promote the peace, safety, good government and 275
361350 welfare of the municipality and its inhabitants; 276
362351 (xiv) Regulate, in addition to the requirements under section 7-282b, 277
363352 the installation, maintenance and operation of any device or 278
364353 equipment in a residence or place of business which is capable of 279
365354 automatically calling and relaying recorded emergency messages to 280
366355 any state police or municipal police or fire department telephone 281
367356 number or which is capable of automatically calling and relaying 282
368357 recorded emergency messages or other forms of emergency signals to 283
369358 an intermediate third party which shall thereafter call and relay such 284
370359 emergency messages to a state police or municipal police or fire 285
371360 department telephone number. Such regulations may provide for 286
372361 penalties for the transmittal of false alarms by such devices or 287
373362 equipment; 288
374363 (xv) Make and enforce regulations for the prevention and 289
375364 remediation of housing blight, including regulations reducing 290
376365 assessments and authorizing designated agents of the municipality to 291
377366 enter property during reasonable hours for the purpose of remediating 292
378367 blighted conditions, provided such regulations define housing blight 293
379368 and require such municipality to give written notice of any violation to 294
380369 the owner and occupant of the property and provide a reasonable 295
381370 opportunity for the owner and occupant to remediate the blighted 296
382371 conditions prior to any enforcement action being taken, and further 297
383372 provided such regulations shall not authorize such municipality or its 298
384373 designated agents to enter any dwelling house or structure on such 299
385374 property, and including regulations establishing a duty to maintain 300
386375 property and specifying standards to determine if there is neglect; 301
387376 prescribe civil penalties for the violation of such regulations of not less 302
388377 than ten or more than one hundred dollars for each day that a 303
389378 violation continues and, if such civil penalties are prescribed, such 304
390-municipality shall adopt a citation hearing procedure in accordance 305
391-with section 7-152c; 306 Committee Bill No. 5127
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384+municipality shall adopt a citation hearing procedure in accordance 305
385+with section 7-152c; 306
398386 (xvi) Regulate, on any property owned by the municipality, any 307
399387 activity deemed to be deleterious to public health, including the 308
400388 lighting or carrying of a lighted cigarette, cigar, pipe or similar device; 309
401389 (8) (A) Provide for the protection and improvement of the 310
402390 environment including, but not limited to, coastal areas, wetlands and 311
403391 areas adjacent to waterways in a manner not inconsistent with the 312
404392 general statutes; 313
405393 (B) Regulate the location and removal of any offensive manure or 314
406394 other substance or dead animals through the streets of the 315
407395 municipality and provide for the disposal of same; 316
408396 (C) Except where there exists a local zoning commission, regulate 317
409397 the filling of, or removal of, soil, loam, sand or gravel from land not in 318
410398 public use in the whole, or in specified districts of, the municipality, 319
411399 and provide for the reestablishment of ground level and protection of 320
412400 the area by suitable cover; 321
413401 (D) Regulate the emission of smoke from any chimney, smokestack 322
414402 or other source within the limits of the municipality, and provide for 323
415403 proper heating of buildings within the municipality; 324
416404 (E) Regulate the erection of fences and the planting of hedges and 325
417405 trees by owners and occupants of land, which fences, hedges or trees 326
418406 obstruct the view of another such owner or occupant of any waterway 327
419407 or tidal water; 328
420408 (9) (A) Provide for fair housing; 329
421409 (B) Adopt a code of prohibited discriminatory practices; 330
422410 (10) (A) Make all lawful regulations and ordinances in furtherance 331
423411 of any general powers as enumerated in this section, and prescribe 332
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424417 penalties for the violation of the same not to exceed two hundred fifty 333
425418 dollars, unless otherwise specifically provided by the general statutes. 334
426-Such regulations and ordinances may be enforced by citations issued 335 Committee Bill No. 5127
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419+Such regulations and ordinances may be enforced by citations issued 335
433420 by designated municipal officers or employees, provided the 336
434421 regulations and ordinances have been designated specifically by the 337
435422 municipality for enforcement by citation in the same manner in which 338
436423 they were adopted and the designated municipal officers or employees 339
437424 issue a written warning providing notice of the specific violation 340
438425 before issuing the citation, except that no such written warning shall 341
439426 be required for violations of a municipal ordinance regulating the 342
440427 operation or use of a dirt bike, all-terrain vehicle or mini-motorcycle; 343
441428 (B) Adopt a code of ethical conduct; 344
442429 (C) Establish and maintain free legal aid bureaus; 345
443430 (D) Perform data processing and related administrative computer 346
444431 services for a fee for another municipality; 347
445432 (E) Adopt the model ordinance concerning a municipal freedom of 348
446433 information advisory board created under subsection (f) of section 1-349
447434 205 and establish a municipal freedom of information advisory board 350
448435 as provided by said ordinance and said section; 351
449436 (F) Protect the historic or architectural character of properties or 352
450437 districts that are listed on, or under consideration for listing on, the 353
451438 National Register of Historic Places, 16a USC 470, or the state register 354
452439 of historic places, as defined in section 10-410. 355
453440 This act shall take effect as follows and shall amend the following
454441 sections:
455442
456443 Section 1 January 1, 2020 7-148(c)
457444
458-PD Joint Favorable
445+Statement of Purpose:
446+To permit municipalities to regulate the erection of fences and planting
447+of hedges and trees that obstruct a neighbor's water views.
448+Committee Bill No. 5127
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450+
451+LCO No. 3518 14 of 14
452+
453+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
454+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
455+not underlined.]
456+
457+Co-Sponsors: REP. MCCARTY, 38th Dist.
458+
459+H.B. 5127
460+
459461