Connecticut 2021 2021 Regular Session

Connecticut House Bill HB06419 Comm Sub / Bill

Filed 03/17/2021

                     
 
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General Assembly  Substitute Bill No. 6419  
January Session, 2021 
 
 
 
AN ACT CONCERNING VO TING REQUIREMENTS FO R 
ESTABLISHING A DISTRICT TO MAINTAIN WATER QUALITY IN A 
LAKE OR LAKES.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 7-6 of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective October 1, 2021): 2 
At any town meeting, other than a regular or special town election, 3 
or at any meeting of any [fire, sewer or] district, as defined in section 7-4 
324, as amended by this act, or school district or any other municipal 5 
subdivision of any town incorporated by any special act, (1) any person 6 
who is an elector, as defined in section 9-1, of such town may vote, and 7 
(2) unless restricted by the provisions of any special act relating to such 8 
town, district or subdivision, any citizen of the United States of the age 9 
of eighteen years or more who, jointly or severally, is liable to [the] such 10 
town, district or subdivision for taxes assessed against him on an 11 
assessment of not less than one thousand dollars on the last-completed 12 
grand list of such town, district or subdivision, or who would be so 13 
liable if not entitled to an exemption under subdivision (17), (19), (22), 14 
(23), (25) or (26) of section 12-81, may vote. [, unless restricted by the 15 
provisions of any special act relating to such town, district or 16 
subdivision.] 17 
Sec. 2. Section 7-324 of the general statutes is repealed and the 18  Substitute Bill No. 6419 
 
 
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following is substituted in lieu thereof (Effective October 1, 2021): 19 
(a) For the purposes of sections 7-324 to 7-329, inclusive: [, "district"] 20 
(1) "District" means any fire district, sewer district, fire and sewer 21 
district, lighting district, village, beach or improvement association and 22 
any other district or association, except a school district, wholly within 23 
a town and having the power to make appropriations or to levy taxes; 24 
and 25 
(2) "Voter" has the same meaning as provided in section 9-1. 26 
(b) (1) All districts established prior to May 29, 1957, under the 27 
provisions of the general statutes or by special act shall be continued; 28 
provided any such district may be dissolved or consolidated with the 29 
government of any town, city or borough of which it is a part in 30 
accordance with the provisions of the general statutes or may, by a two-31 
thirds vote of those voters present at a district meeting, elect to be 32 
governed by the provisions of sections 7-324 to 7-329, inclusive, in lieu 33 
of the provisions of any general or special act under which such district 34 
was established or operated. 35 
(2) Notwithstanding any of the provisions of sections 7-324 to 7-329, 36 
inclusive, a district established prior to May 29, 1957, and electing to be 37 
governed by said sections shall not be required to adopt the form of 38 
organization provided for in said sections but may continue its existing 39 
form of organization and nevertheless have and exercise the powers and 40 
duties granted to districts in said sections and in such event the officers 41 
of such district shall have and may exercise the powers and duties 42 
granted to district officers in said sections. 43 
Sec. 3. Section 7-325 of the general statutes is repealed and the 44 
following is substituted in lieu thereof (Effective October 1, 2021): 45 
(a) (1) Upon the petition of fifteen or more voters [, as defined by 46 
section 7-6,] of any town, specifying the limits of a proposed district for 47 
any or all of the purposes set forth in section 7-326, the selectmen of such 48  Substitute Bill No. 6419 
 
 
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town shall call a meeting of (A) the voters residing within such specified 49 
limits, and (B) in the case of a proposed district to maintain water quality 50 
in a lake or lakes that are located solely in such town, the owners of real 51 
property located within such specified limits, to act upon such petition. 52 
[, which] 53 
(2) Such meeting shall be held at such place within such town and 54 
such hour as the selectmen designate, within thirty days after such 55 
petition has been received by such selectmen. Such limits shall contain 56 
only contiguous property, except any proposed district which is 57 
proposed to be established only to plan, lay out, acquire, construct, 58 
reconstruct, repair, maintain, operate and regulate the use of a 59 
community water system or to construct and maintain drains and 60 
sewers or both and which does not exercise any of the other powers 61 
enumerated in section 7-326, may contain noncontiguous properties if 62 
the properties proposed to be included are, or are to be, served by a 63 
common water or sewer main. Such meeting shall be called by 64 
publication of a written notice of the same, signed by the selectmen, at 65 
least fourteen days before the time fixed for such meeting in two 66 
successive issues of some newspaper published or circulated in such 67 
town. 68 
(3) (A) Not later than twenty-four hours before such meeting, [(1)] (i) 69 
two hundred or more voters or ten per cent of the total number of voters, 70 
whichever is less, may petition the selectmen in writing for a 71 
referendum, or [(2)] (ii) the selectmen in their discretion may order a 72 
referendum, on the sole question of whether the proposed district 73 
should be established. Any such referendum shall be held not less than 74 
seven nor more than fourteen days after the receipt of such petition or 75 
the date of such order, on a day to be set by the selectmen for a vote by 76 
paper ballots or by a "yes" or "no" vote on the voting machines, during 77 
the hours between twelve o'clock noon and eight o'clock p.m.; except 78 
that any town may, by vote of its selectmen, provide for an earlier hour 79 
for opening the polls but not earlier than six o'clock a.m., 80 
notwithstanding the provisions of any special act to the contrary. [If] 81  Substitute Bill No. 6419 
 
 
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Except as provided in subparagraph (B) of this subdivision, if two-thirds 82 
of the voters casting votes in such referendum vote in favor of 83 
establishing the proposed district, the selectmen shall reconvene such 84 
meeting not later than seven days after the day on which the referendum 85 
is held. 86 
(B) In the case of a referendum on a proposed district to maintain 87 
water quality in a lake or lakes that are located solely in such town, if a 88 
majority of both the voters and the owners described in subdivision (1) 89 
of this subsection casting votes in such referendum vote in favor of 90 
establishing the proposed district, the selectmen shall reconvene the 91 
meeting on such proposed district not later than seven days after the 92 
day on which such referendum is held. 93 
[Upon] (4) (A) Except as provided in subparagraph (B) of this 94 
subdivision, upon approval of the petition for the proposed district by 95 
two-thirds of the voters present at such meeting, or if a referendum is 96 
held, upon the reconvening of such meeting after the referendum, the 97 
voters may name the district and, upon the vote of a majority of such 98 
voters, choose necessary officers therefor to hold office until the first 99 
annual meeting thereof. [; and the] 100 
(B) In the case of a petition for a proposed district to maintain water 101 
quality in a lake or lakes that are located solely in such town, upon 102 
approval of such petition by a majority of both the voters and the owners 103 
described in subdivision (1) of this subsection at the meeting on such 104 
proposed district, or if a referendum is held, upon the reconvening of 105 
such meeting after the referendum, such voters and owners may name 106 
the district and, upon the vote of a majority of such voters and owners, 107 
choose necessary officers therefor to hold office until the first annual 108 
meeting thereof. 109 
(5) The district shall, upon the filing of the first report required 110 
pursuant to subsection (c) of this section, thereupon be a body corporate 111 
and politic and have the powers, not inconsistent with the general 112 
statutes, in relation to the objects for which it was established, that are 113  Substitute Bill No. 6419 
 
 
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necessary for the accomplishment of such objects, including the power 114 
to lay and collect taxes. The clerk of such district shall cause its name 115 
and a description of its territorial limits and of any additions that may 116 
be made thereto to be recorded in the land records of each town in which 117 
such district is located. 118 
(b) Any district may enlarge or reduce its territorial limits if the board 119 
of directors of the district approves a resolution proposing such an 120 
enlargement or reduction and stating the proposed boundaries of the 121 
area proposed to be included or excluded, as the case may be, provided: 122 
(1) The board of directors of the district shall call a meeting of voters of 123 
the area proposed to be included or excluded, which meeting shall be 124 
held within thirty days of the board of directors' approval of such 125 
resolution and shall be called by publication of a written notice of the 126 
same, signed by the members of the board of directors of the district, at 127 
least fourteen days before the time fixed for such meeting in two 128 
successive issues of some newspaper published or circulated in such 129 
town, provided not later than twenty-four hours before any such 130 
meeting, two hundred or more such voters or ten per cent of the total 131 
number of such voters, whichever is less, may petition the clerk of the 132 
district, in writing, that a referendum on the question of whether the 133 
area proposed to be included or excluded should join or leave the 134 
district be held in the manner provided in section 7-327; (2) a two-thirds 135 
majority of the voters of the area proposed to be included or excluded 136 
in attendance at such meeting, or, if a referendum is held, two-thirds of 137 
such voters casting votes in such referendum, vote in favor of joining or 138 
leaving such district; (3) that any area to be added is contiguous with 139 
some portion of the existing district; [,] and (4) if the enlargement of the 140 
territorial limits of the district will overlap the territorial limits of 141 
another district within the town, the legislative body of the town 142 
approves such enlargement. If any district enlarges or reduces its 143 
territorial limits, the clerk of such district shall notify the town clerk of 144 
each town affected by such enlargement or reduction within thirty days 145 
after the vote. 146  Substitute Bill No. 6419 
 
 
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(c) (1) The clerk of each district created pursuant to this chapter or 147 
any provisions of the general statutes or any special act, shall report to 148 
the town clerk of each town in which such district is located: [(1)] (A) If 149 
created by approval of a petition pursuant to subsection (a) of this 150 
section on or after July 1, 1987, within seven days of such approval; and 151 
[(2)] (B) on or before July 31, 1993, and annually thereafter for each such 152 
district, irrespective of the date of creation. The first report filed after the 153 
creation of a district shall include a list of the officers of such district, a 154 
copy of the charter or special act of such district and such other 155 
information on the organization and the financial status of such district 156 
as the Secretary of the Office of Policy and Management may 157 
recommend. A copy of the charter or special act of such district shall be 158 
included in any subsequent report if such charter or special act was 159 
amended after the date of the previous filing. No district, irrespective of 160 
the date of creation, created by approval of a petition pursuant to 161 
subsection (a) of this section shall exist as a body corporate and politic 162 
until the clerk of such district has filed at least one report required by 163 
this subsection. If a district is located in more than one town, the report 164 
shall be filed by the district clerk with the town clerk of each town in 165 
which the district is located. 166 
[(d)] (2) Any fine imposed on and after July 1, 1992, on a clerk for 167 
failure to file a report required [pursuant to subsection (c) of this section] 168 
under subdivision (1) of this subsection shall be waived. 169 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2021 7-6 
Sec. 2 October 1, 2021 7-324 
Sec. 3 October 1, 2021 7-325 
 
Statement of Legislative Commissioners:   
In Sections 3(a)(3)(B) and 3(a)(4)(B), "this section" was changed to "this 
subsection" for accuracy. 
  Substitute Bill No. 6419 
 
 
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PD Joint Favorable Subst. -LCO