Connecticut 2019 Regular Session

Connecticut House Bill HB07277 Compare Versions

OldNewDifferences
1+
2+
3+LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07277-R01-
4+HB.docx
5+1 of 9
6+
7+General Assembly Substitute Bill No. 7277
8+January Session, 2019
19
210
311
4-Substitute House Bill No. 7277
5-
6-Public Act No. 19-175
712
813
914 AN ACT CONCERNING TH E CREATION OF LAND BANK
1015 AUTHORITIES.
1116 Be it enacted by the Senate and House of Representatives in General
1217 Assembly convened:
1318
14-Section 1. (NEW) (Effective from passage) (a) As used in this section:
15-(1) "Land bank authority" means a charitable nonstock corporation
16-established by a municipality, or by two or more municipalities, for the
17-purposes of acquiring real property, maintaining any such real
18-property and disposing of any such real property within such
19-municipality or municipalities, as applicable;
20-(2) "Board of directors" means the board of directors for a land bank
21-authority;
22-(3) "Municipality" means any town, city or borough, consolidated
23-town and city or consolidated town and borough; and
24-(4) "Real property" means land, subterranean or subsurface rights,
25-structures, any and all easements, air rights and franchises and every
26-estate, right or interest therein, but does not include any brownfield, as
27-defined in section 32-760 of the general statutes.
28-(b) The legislative body of any municipality, by ordinance, or the Substitute House Bill No. 7277
19+Section 1. (NEW) (Effective from passage) (a) As used in this section: 1
20+(1) "Land bank authority" means a charitable nonstock corporation 2
21+established by a municipality, or by two or more municipalities, for the 3
22+purposes of acquiring real property, maintaining any such real 4
23+property and disposing of any such real property within such 5
24+municipality or municipalities, as applicable; 6
25+(2) "Board of directors" means the board of directors for a land bank 7
26+authority; 8
27+(3) "Municipality" means any town, city or borough, consolidated 9
28+town and city or consolidated town and borough; and 10
29+(4) "Real property" means land, subterranean or subsurface rights, 11
30+structures, any and all easements, air rights and franchises and every 12
31+estate, right or interest therein. 13
32+(b) The legislative body of any municipality, by ordinance, or the 14
33+legislative bodies of two or more municipalities, by concurrent 15
34+ordinances entering into an intergovernmental cooperation agreement, 16 Substitute Bill No. 7277
2935
30-Public Act No. 19-175 2 of 9
3136
32-legislative bodies of two or more municipalities, by concurrent
33-ordinances entering into an intergovernmental cooperation agreement,
34-may establish a land bank authority. Any such ordinance or concurrent
35-ordinances, as applicable, shall set forth (1) the name of the land bank
36-authority, (2) the size of the board of directors, provided such board
37-shall consist of five, seven, nine or eleven members, (3) the
38-qualifications, manner of appointment and terms of office of such
39-board's members, and (4) the members initially appointed to serve on
40-such board, any of which may, notwithstanding any provision of the
41-general statutes, be an individual elected to an office or otherwise
42-employed by any such municipality.
43-(c) (1) Annually, the members of the board of directors of a land
44-bank authority shall (A) select from among themselves a chairperson,
45-vice-chairperson, treasurer and any other officer as such board may
46-deem necessary to carry out the purposes of this section, and (B) adopt
47-bylaws for the conduct of business in carrying out such purposes.
48-(2) Bylaws adopted by such board of directors shall establish
49-procedures relative to the attendance and participation of board
50-members at any meeting of such board, which procedures may
51-provide for removal of a member from such board for failure to
52-comply with such bylaws by a majority vote of the total membership
53-of such board, provided any individual so removed shall be ineligible
54-for reappointment to such board unless such reappointment is
55-unanimously confirmed by such board. Any such removal shall create
56-a vacancy on such board effective the first day of the month
57-immediately following such removal. Any such vacancy shall be filled
58-as set forth pursuant to subdivision (3) of subsection (b) of this section.
59-(3) (A) Each member of such board of directors shall serve without
60-compensation, except that such board may reimburse any such
61-member for expenses incurred in the performance of such member's
62-duties on behalf of such authority. Substitute House Bill No. 7277
37+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07277-
38+R01-HB.docx }
39+2 of 9
6340
64-Public Act No. 19-175 3 of 9
41+may establish a land bank authority. Any such ordinance or concurrent 17
42+ordinances, as applicable, shall set forth (1) the name of the land bank 18
43+authority, (2) the size of the board of directors, provided such board 19
44+shall consist of five, seven, nine or eleven members, (3) the 20
45+qualifications, manner of appointment and terms of office of such 21
46+board's members, and (4) the members initially appointed to serve on 22
47+such board, any of which may, notwithstanding any provision of the 23
48+general statutes, be an individual elected to an office or otherwise 24
49+employed by any such municipality. 25
50+(c) (1) Annually, the members of the board of directors of a land 26
51+bank authority shall (A) select from among themselves a chairperson, 27
52+vice-chairperson, treasurer and any other officer as such board may 28
53+deem necessary to carry out the purposes of this section, and (B) adopt 29
54+bylaws for the conduct of business in carrying out such purposes. 30
55+(2) Bylaws adopted by such board of directors shall establish 31
56+procedures relative to the attendance and participation of board 32
57+members at any meeting of such board, which procedures may 33
58+provide for removal of a member from such board for failure to 34
59+comply with such bylaws by a majority vote of the total membership 35
60+of such board, provided any individual so removed shall be ineligible 36
61+for reappointment to such board unless such reappointment is 37
62+unanimously confirmed by such board. Any such removal shall create 38
63+a vacancy on such board effective the first day of the month 39
64+immediately following such removal. Any such vacancy shall be filled 40
65+as set forth pursuant to subdivision (3) of subsection (b) of this section. 41
66+(3) (A) Each member of such board of directors shall serve without 42
67+compensation, except that such board may reimburse any such 43
68+member for expenses incurred in the performance of such member's 44
69+duties on behalf of such authority. 45
70+(B) No board member, and no staff as described in subsection (d) of 46
71+this section, may acquire any interest in any real property held by such 47
72+authority or in any real property to be acquired by or from such 48 Substitute Bill No. 7277
6573
66-(B) No board member, and no staff as described in subsection (d) of
67-this section, may acquire any interest in any real property held by such
68-authority or in any real property to be acquired by or from such
69-authority. No board member and no such staff may have any interest
70-in any contract or proposed contract for materials or services to be
71-furnished or used by such authority. The board of directors of such
72-authority may adopt additional bylaws to address actual and potential
73-conflicts of interest and ethical guidelines for such board members and
74-staff.
75-(C) No board member shall be personally liable on any bond or
76-obligation of such authority, and any right of a creditor shall be against
77-such authority only.
78-(4) (A) Regular meetings of such board of directors shall be held in
79-accordance with a schedule adopted by such board. Special meetings
80-of such board shall be held upon the call of the chairperson or upon a
81-signed petition of a majority of the total membership of such board. A
82-majority of the total membership of such board of directors shall
83-constitute a quorum for the transaction of any business. Except as
84-provided in subparagraph (B) of this subdivision and subsection (j) of
85-this section, approval of any board action shall be by a majority vote of
86-the members of such board present and voting. No board member may
87-vote by proxy. Any board member may request a roll-call vote on any
88-action taken by such authority. Such board shall cause minutes and a
89-record to be kept of each meeting.
90-(B) The following board actions shall be approved by a majority
91-vote of the total membership of such board: (i) Adoption of bylaws for
92-the conduct of business; (ii) hiring or firing of any employee or
93-contractor of such land bank authority, except that such board may
94-delegate the exercise of any such action to an officer of such authority
95-and to an extent as may be specified by such board in such delegation;
96-(iii) incurrence of debt; (iv) adoption or amendment of an annual Substitute House Bill No. 7277
9774
98-Public Act No. 19-175 4 of 9
75+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07277-
76+R01-HB.docx }
77+3 of 9
9978
100-budget; and (v) sale, lease, encumbrance or alienation of any real
101-property, improvements thereto or personal property valued in an
102-amount exceeding fifty thousand dollars.
103-(d) (1) The board of directors of a land bank authority may hire an
104-executive director, legal counsel and any other staff such board deems
105-qualified to serve such authority. Such board may contract with one or
106-more municipalities for the staffing of such authority or of any
107-department or agency of any such municipality.
108-(2) Such board may (A) organize and reorganize the executive,
109-administrative, clerical and other responsibilities of such authority,
110-and (B) fix the duties, powers and compensation of each employee,
111-agent and consultant of such authority.
112-(e) (1) The board of directors of a land bank authority may exercise
113-any power necessary to carry out the purposes of this section,
114-including:
115-(A) To adopt, amend and repeal bylaws for the conduct of its
116-business;
117-(B) To sue and be sued in its own name, to plead and be impleaded
118-in any civil action, including, but not limited to, any such action to
119-clear title to property of such authority;
120-(C) To adopt a seal and to alter such seal;
121-(D) To borrow from private lenders, municipalities, the state or the
122-federal government any moneys necessary for the operation of such
123-authority;
124-(E) To issue negotiable revenue bonds and notes in accordance with
125-this section;
126-(F) To procure (i) insurance or guarantees from the state or the Substitute House Bill No. 7277
79+authority. No board member and no such staff may have any interest 49
80+in any contract or proposed contract for materials or services to be 50
81+furnished or used by such authority. The board of directors of such 51
82+authority may adopt additional bylaws to address actual and potential 52
83+conflicts of interest and ethical guidelines for such board members and 53
84+staff. 54
85+(C) No board member shall be personally liable on any bond or 55
86+obligation of such authority, and any right of a creditor shall be against 56
87+such authority only. 57
88+(4) (A) Regular meetings of such board of directors shall be held in 58
89+accordance with a schedule adopted by such board. Special meetings 59
90+of such board shall be held upon the call of the chairperson or upon a 60
91+signed petition of a majority of the total membership of such board. A 61
92+majority of the total membership of such board of directors shall 62
93+constitute a quorum for the transaction of any business. Except as 63
94+provided in subparagraph (B) of this subdivision and subsection (j) of 64
95+this section, approval of any board action shall be by a majority vote of 65
96+the members of such board present and voting. No board member may 66
97+vote by proxy. Any board member may request a roll-call vote on any 67
98+action taken by such authority. Such board shall cause minutes and a 68
99+record to be kept of each meeting. 69
100+(B) The following board actions shall be approved by a majority 70
101+vote of the total membership of such board: (i) Adoption of bylaws for 71
102+the conduct of business; (ii) hiring or firing of any employee or 72
103+contractor of such land bank authority, except that such board may 73
104+delegate the exercise of any such action to an officer of such authority 74
105+and to an extent as may be specified by such board in such delegation; 75
106+(iii) incurrence of debt; (iv) adoption or amendment of an annual 76
107+budget; and (v) sale, lease, encumbrance or alienation of any real 77
108+property, improvements thereto or personal property valued in an 78
109+amount exceeding fifty thousand dollars. 79
110+(d) (1) The board of directors of a land bank authority may hire an 80 Substitute Bill No. 7277
127111
128-Public Act No. 19-175 5 of 9
129112
130-federal government for the payment of any debt or part thereof
131-incurred by such authority, and to pay any premium in connection
132-therewith, and (ii) insurance against any loss in connection with any
133-real property, asset or activity of such authority;
134-(G) To enter into any contract or other instrument necessary,
135-incidental or convenient for carrying out the purposes of this section;
136-(H) To invest moneys of such authority in any instrument,
137-obligation, security or property deemed proper, and to name and use
138-any depository for any such moneys;
139-(I) To design, develop, construct, demolish, reconstruct, rehabilitate,
140-renovate, relocate and otherwise improve any real property or any
141-right or interest therein;
142-(J) To fix, charge and collect any rent, fee or charge for the use of
143-any real property of such authority and for any service provided by
144-such authority;
145-(K) To grant or acquire any license, easement, lease or option with
146-respect to any real property of such authority; and
147-(L) To enter into any collaborative relationship with any
148-municipality and other public and private entities for the ownership,
149-management, development and disposition of any real property.
150-(2) The board of directors of a land bank authority shall neither
151-possess nor exercise the power of eminent domain.
152-(f) (1) Notwithstanding any provision of the general statutes, a land
153-bank authority (A) may, on terms and conditions and in a manner
154-deemed proper by the board of directors of such authority, acquire any
155-real property or interest thereof by gift, devise, transfer, exchange,
156-foreclosure, purchase or other means, (B) shall hold in its own name Substitute House Bill No. 7277
113+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07277-
114+R01-HB.docx }
115+4 of 9
157116
158-Public Act No. 19-175 6 of 9
117+executive director, legal counsel and any other staff such board deems 81
118+qualified to serve such authority. Such board may contract with one or 82
119+more municipalities for the staffing of such authority or of any 83
120+department or agency of any such municipality. 84
121+(2) Such board may (A) organize and reorganize the executive, 85
122+administrative, clerical and other responsibilities of such authority, 86
123+and (B) fix the duties, powers and compensation of each employee, 87
124+agent and consultant of such authority. 88
125+(e) (1) The board of directors of a land bank authority may exercise 89
126+any power necessary to carry out the purposes of this section, 90
127+including: 91
128+(A) To adopt, amend and repeal bylaws for the conduct of its 92
129+business; 93
130+(B) To sue and be sued in its own name, to plead and be impleaded 94
131+in any civil action, including, but not limited to, any such action to 95
132+clear title to property of such authority; 96
133+(C) To adopt a seal and to alter such seal; 97
134+(D) To borrow from private lenders, municipalities, the state or the 98
135+federal government any moneys necessary for the operation of such 99
136+authority; 100
137+(E) To issue negotiable revenue bonds and notes in accordance with 101
138+this section; 102
139+(F) To procure (i) insurance or guarantees from the state or the 103
140+federal government for the payment of any debt or part thereof 104
141+incurred by such authority, and to pay any premium in connection 105
142+therewith, and (ii) insurance against any loss in connection with any 106
143+real property, asset or activity of such authority; 107
144+(G) To enter into any contract or other instrument necessary, 108 Substitute Bill No. 7277
159145
160-any property so acquired, and (C) shall create and make available for
161-public inspection an inventory of any property held by such authority.
162-(2) Such authority shall not hold any real property or interest
163-thereof located outside of the municipality or municipalities, as
164-applicable, that established such authority, and shall maintain all of its
165-real property in accordance with the laws of the municipality or
166-municipalities in which such property is located. Such authority may,
167-pursuant to an intergovernmental cooperation agreement with a
168-municipality, maintain real property located within such municipality.
169-(3) Any real property or interest thereof held by such authority, and
170-any income derived therefrom, shall be exempt from taxation by the
171-state and by any political subdivision thereof.
172-(g) (1) A land bank authority may convey, exchange, sell, transfer,
173-lease, grant, release, demise, mortgage or otherwise pledge or
174-hypothecate any interest in any real property held by such authority.
175-Except as may be provided in subdivision (3) of this subsection, the
176-board of directors of such authority may delegate to its staff the power
177-to contract with a legal entity for the conveyance of any such interest.
178-(2) Such board of directors shall set forth in such board's bylaws the
179-terms and conditions of any consideration to be received by such
180-authority for the conveyance of any interest in any real property held
181-by such authority, provided such consideration shall be in a form
182-deemed by such board to be in the best interest of such authority.
183-(3) The ordinance or concurrent ordinances, as applicable, adopted
184-pursuant to subsection (b) of this section may (A) establish an order of
185-priorities for the use of any interest in any real property conveyed by
186-such authority, and (B) require that certain means of disposing of any
187-such interest, or that the disposition of any such interest in certain
188-locations, be subject to different requirements for approval by the Substitute House Bill No. 7277
189146
190-Public Act No. 19-175 7 of 9
147+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07277-
148+R01-HB.docx }
149+5 of 9
191150
192-board of directors of such authority.
193-(h) (1) A land bank authority may receive (A) grants or loans from
194-(i) the municipality or municipalities, as applicable, that established
195-such authority, (ii) any other municipality, (iii) the state, (iv) the
196-federal government, or (v) any other public or private source, and (B)
197-payment for (i) any service rendered, (ii) any rent or leasehold, (iii) any
198-consideration related to the disposition of any interest in real or
199-personal property held by such authority, (iv) any proceeds of
200-insurance coverage for any loss incurred, (v) any income from
201-investments, and (vi) any other asset or activity provided for under
202-this section.
203-(2) Commencing on October first immediately following the
204-conveyance of any interest in real property by a land bank authority,
205-and annually thereafter for five years, fifty per cent of the taxes
206-collected by a municipality pursuant to state law on any such interest
207-so conveyed shall be remitted to such authority by such municipality.
208-(i) (1) A land bank authority may issue limited obligation bonds,
209-pursuant to resolution of the board of directors of such authority, to
210-carry out the purposes of this section. Such resolution shall set forth
211-(A) the form and denomination of any such bond, (B) the manner of
212-sale at public sale or private sale and of delivery of such bond, (C) the
213-manner in which such bond bears interest and matures, (D) the
214-execution of such bond by one or more board members, and (E) any
215-option of such board to redeem any such bond and the manner of such
216-redemption. Such board shall publish such resolution in a newspaper
217-having general circulation within the municipality or municipalities, as
218-applicable, that established such authority.
219-(2) Such authority may pay the principal and interest of any such
220-bond, as well as the cost of issuance and any other incidental cost of
221-such bond, solely from revenues derived from the disposition of any Substitute House Bill No. 7277
151+incidental or convenient for carrying out the purposes of this section; 109
152+(H) To invest moneys of such authority in any instrument, 110
153+obligation, security or property deemed proper, and to name and use 111
154+any depository for any such moneys; 112
155+(I) To design, develop, construct, demolish, reconstruct, rehabilitate, 113
156+renovate, relocate and otherwise improve any real property or any 114
157+right or interest therein; 115
158+(J) To fix, charge and collect any rent, fee or charge for the use of 116
159+any real property of such authority and for any service provided by 117
160+such authority; 118
161+(K) To grant or acquire any license, easement, lease or option with 119
162+respect to any real property of such authority; and 120
163+(L) To enter into any collaborative relationship with any 121
164+municipality and other public and private entities for the ownership, 122
165+management, development and disposition of any real property. 123
166+(2) The board of directors of a land bank authority shall neither 124
167+possess nor exercise the power of eminent domain. 125
168+(f) (1) Notwithstanding any provision of the general statutes, a land 126
169+bank authority (A) may, on terms and conditions and in a manner 127
170+deemed proper by the board of directors of such authority, acquire any 128
171+real property or interest thereof by gift, devise, transfer, exchange, 129
172+foreclosure, purchase or other means, (B) shall hold in its own name 130
173+any property so acquired, and (C) shall create and make available for 131
174+public inspection an inventory of any property held by such authority. 132
175+(2) Such authority shall not hold any real property or interest 133
176+thereof located outside of the municipality or municipalities, as 134
177+applicable, that established such authority, and shall maintain all of its 135
178+real property in accordance with the laws of the municipality or 136
179+municipalities in which such property is located. Such authority may, 137 Substitute Bill No. 7277
222180
223-Public Act No. 19-175 8 of 9
224181
225-asset of such authority, except that for any refunding bond issued by
226-such board of directors, such authority may also make such payment
227-from the investment of any proceeds of such refunding bond. Any
228-such bond may be secured by a mortgage of any interest in any
229-property of such authority or by pledge of any such revenues,
230-including grants or contributions from the state or any agency thereof
231-or the federal government or any agency thereof. Any such refunding
232-bond shall not constitute under state law an indebtedness or pledge of
233-the general credit of any municipality, and shall contain a recital to
234-that effect. Any such bond shall be a negotiable instrument under state
235-law and law merchant.
236-(3) (A) Except as provided in subparagraph (B) of this subdivision,
237-(i) any such bond shall not be a debt of any municipality or of the state,
238-(ii) such bond shall contain a recital to that effect, and (iii) any
239-revenues and any interest of real property of any municipality or of the
240-state shall not be liable for any such bond.
241-(B) Any municipality that established a land bank authority may
242-guarantee, insure or otherwise become primarily or secondarily
243-obligated on the indebtedness of such authority, unless otherwise
244-prohibited by any other provision of the general statutes.
245-(j) The board of directors of a land bank authority may, by
246-resolution adopted by two-thirds of the total membership of such
247-board, dissolve such authority, provided such dissolution shall take
248-effect sixty days after the adoption of such resolution. Sixty days prior
249-to such board's consideration of such resolution, such board shall (1)
250-give written notice thereof to the municipality or municipalities, as
251-applicable, that established such authority, (2) publish notice thereof in
252-a newspaper having general circulation in such municipality or
253-municipalities, and (3) send notice thereof by certified mail to the
254-trustee of any outstanding bond of such authority. Each interest in real
255-or personal property and each asset of such authority at the time of Substitute House Bill No. 7277
182+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07277-
183+R01-HB.docx }
184+6 of 9
256185
257-Public Act No. 19-175 9 of 9
186+pursuant to an intergovernmental cooperation agreement with a 138
187+municipality, maintain real property located within such municipality. 139
188+(3) Any real property or interest thereof held by such authority, and 140
189+any income derived therefrom, shall be exempt from taxation by the 141
190+state and by any political subdivision thereof. 142
191+(g) (1) A land bank authority may convey, exchange, sell, transfer, 143
192+lease, grant, release, demise, mortgage or otherwise pledge or 144
193+hypothecate any interest in any real property held by such authority. 145
194+Except as may be provided in subdivision (3) of this subsection, the 146
195+board of directors of such authority may delegate to its staff the power 147
196+to contract with a legal entity for the conveyance of any such interest. 148
197+(2) Such board of directors shall set forth in such board's bylaws the 149
198+terms and conditions of any consideration to be received by such 150
199+authority for the conveyance of any interest in any real property held 151
200+by such authority, provided such consideration shall be in a form 152
201+deemed by such board to be in the best interest of such authority. 153
202+(3) The ordinance or concurrent ordinances, as applicable, adopted 154
203+pursuant to subsection (b) of this section may (A) establish an order of 155
204+priorities for the use of any interest in any real property conveyed by 156
205+such authority, and (B) require that certain means of disposing of any 157
206+such interest, or that the disposition of any such interest in certain 158
207+locations, be subject to different requirements for approval by the 159
208+board of directors of such authority. 160
209+(h) (1) A land bank authority may receive (A) grants or loans from 161
210+(i) the municipality or municipalities, as applicable, that established 162
211+such authority, (ii) any other municipality, (iii) the state, (iv) the 163
212+federal government, or (v) any other public or private source, and (B) 164
213+payment for (i) any service rendered, (ii) any rent or leasehold, (iii) any 165
214+consideration related to the disposition of any interest in real or 166
215+personal property held by such authority, (iv) any proceeds of 167
216+insurance coverage for any loss incurred, (v) any income from 168 Substitute Bill No. 7277
258217
259-dissolution shall inure to the benefit of such municipality or
260-municipalities, as applicable. If two or more municipalities established
261-a land bank authority pursuant to this section, the withdrawal of one
262-such municipality shall not dissolve such authority unless (A) the
263-concurrent ordinances entering such munic ipalities into an
264-intergovernmental cooperation agreement so provides, or (B) no such
265-municipality wishes to continue the existence of such authority.
218+
219+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07277-
220+R01-HB.docx }
221+7 of 9
222+
223+investments, and (vi) any other asset or activity provided for under 169
224+this section. 170
225+(2) Commencing on October first immediately following the 171
226+conveyance of any interest in real property by a land bank authority, 172
227+and annually thereafter for five years, fifty per cent of the taxes 173
228+collected by a municipality or the state pursuant to state law on any 174
229+such interest so conveyed shall be remitted to such authority by such 175
230+municipality or the state. 176
231+(3) The municipality or municipalities, as applicable, that 177
232+established a land bank authority may provide for a supplemental fee, 178
233+penalty or charge to be imposed for the nonpayment by citizens of 179
234+such municipality or municipalities liable for property taxes assessed 180
235+against them. Any such supplemental fee, penalty or charge collected 181
236+by such municipality or municipalities shall be remitted to such 182
237+authority. 183
238+(i) (1) A land bank authority may issue limited obligation bonds, 184
239+pursuant to resolution of the board of directors of such authority, to 185
240+carry out the purposes of this section. Such resolution shall set forth 186
241+(A) the form and denomination of any such bond, (B) the manner of 187
242+sale at public sale or private sale and of delivery of such bond, (C) the 188
243+manner in which such bond bears interest and matures, (D) the 189
244+execution of such bond by one or more board members, and (E) any 190
245+option of such board to redeem any such bond and the manner of such 191
246+redemption. Such board shall publish such resolution in a newspaper 192
247+having general circulation within the municipality or municipalities, as 193
248+applicable, that established such authority. 194
249+(2) Such authority may pay the principal and interest of any such 195
250+bond, as well as the cost of issuance and any other incidental cost of 196
251+such bond, solely from revenues derived from the disposition of any 197
252+asset of such authority, except that for any refunding bond issued by 198
253+such board of directors, such authority may also make such payment 199
254+from the investment of any proceeds of such refunding bond. Any 200 Substitute Bill No. 7277
255+
256+
257+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07277-
258+R01-HB.docx }
259+8 of 9
260+
261+such bond may be secured by a mortgage of any interest in any 201
262+property of such authority or by pledge of any such revenues, 202
263+including grants or contributions from the state or any agency thereof 203
264+or the federal government or any agency thereof. Any such refunding 204
265+bond shall not constitute under state law an indebtedness or pledge of 205
266+the general credit of any municipality, and shall contain a recital to 206
267+that effect. Any such bond shall be a negotiable instrument under state 207
268+law and law merchant. 208
269+(3) (A) Except as provided in subparagraph (B) of this subdivision, 209
270+(i) any such bond shall not be a debt of any municipality or of the state, 210
271+(ii) such bond shall contain a recital to that effect, and (iii) any 211
272+revenues and any interest of real property of any municipality or of the 212
273+state shall not be liable for any such bond. 213
274+(B) Any municipality that established a land bank authority may 214
275+guarantee, insure or otherwise become primarily or secondarily 215
276+obligated on the indebtedness of such authority, unless otherwise 216
277+prohibited by any other provision of the general statutes. 217
278+(4) Any bond issued by such authority, and any income derived 218
279+therefrom, shall be exempt from taxation by the state and by any 219
280+political subdivision of the state. 220
281+(j) The board of directors of a land bank authority may, by 221
282+resolution adopted by two-thirds of the total membership of such 222
283+board, dissolve such authority, provided such dissolution shall take 223
284+effect sixty days after the adoption of such resolution. Sixty days prior 224
285+to such board's consideration of such resolution, such board shall (1) 225
286+give written notice thereof to the municipality or municipalities, as 226
287+applicable, that established such authority, (2) publish notice thereof in 227
288+a newspaper having general circulation in such municipality or 228
289+municipalities, and (3) send notice thereof by certified mail to the 229
290+trustee of any outstanding bond of such authority. Each interest in real 230
291+or personal property and each asset of such authority at the time of 231
292+dissolution shall inure to the benefit of such municipality or 232 Substitute Bill No. 7277
293+
294+
295+LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07277-
296+R01-HB.docx }
297+9 of 9
298+
299+municipalities, as applicable. If two or more municipalities established 233
300+a land bank authority pursuant to this section, the withdrawal of one 234
301+such municipality shall not dissolve such authority unless (A) the 235
302+concurrent ordinances entering such municipalities into an 236
303+intergovernmental cooperation agreement so provides, or (B) no such 237
304+municipality wishes to continue the existence of such authority. 238
305+This act shall take effect as follows and shall amend the following
306+sections:
307+
308+Section 1 from passage New section
309+
310+Statement of Legislative Commissioners:
311+In Subsec. (c)(2), "in" was deleted in the last sentence for clarity and
312+"(4)" was changed to "(3)" for accuracy; in Subsec. (e)(1)(B), "please"
313+was changed to "plead" for accuracy; in Subsec. (e)(1)(J), "and" was
314+changed to "or" for accuracy; in Subsec. (i)(1)(D), "more" was inserted
315+before "board members" for accuracy; in Subsec. (i)(3)(B) "state law"
316+was changed to "any provision of the general statutes", for clarity; and
317+in Subsec. (j), "of" was inserted before "dissolution" in the penultimate
318+sentence for clarity.
319+
320+PD Joint Favorable Subst. -LCO
266321