Connecticut 2021 Regular Session

Connecticut House Bill HB06419 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 6419
	4	+	LCO No. 3260 1 of 7
	5	+
	6	+	General Assembly Raised Bill No. 6419
8	7		January Session, 2021
	8	+	LCO No. 3260
	9	+
	10	+
	11	+	Referred to Committee on PLANNING AND DEVELOPMENT
	12	+
	13	+
	14	+	Introduced by:
	15	+	(PD)
	16	+
9	17
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11	19
12	20		AN ACT CONCERNING VO TING REQUIREMENTS FO R
13	21		ESTABLISHING A DISTRICT TO MAINTAIN WATER QUALITY IN A
14	22		LAKE OR LAKES.
15	23		Be it enacted by the Senate and House of Representatives in General
16	24		Assembly convened:
17	25
18	26		Section 1. Section 7-6 of the general statutes is repealed and the 1
19	27		following is substituted in lieu thereof (Effective October 1, 2021): 2
20	28		At any town meeting, other than a regular or special town election, 3
21	29		or at any meeting of any [fire, sewer or] district, as defined in section 7-4
22	30		324, as amended by this act, or school district or any other municipal 5
23	31		subdivision of any town incorporated by any special act, (1) any person 6
24	32		who is an elector, as defined in section 9-1, of such town may vote, and 7
25	33		(2) unless restricted by the provisions of any special act relating to such 8
26	34		town, district or subdivision, any citizen of the United States of the age 9
27	35		of eighteen years or more who, jointly or severally, is liable to [the] such 10
28	36		town, district or subdivision for taxes assessed against him on an 11
29	37		assessment of not less than one thousand dollars on the last-completed 12
30	38		grand list of such town, district or subdivision, or who would be so 13
31		-	liable if not entitled to an exemption under subdivision (17), (19), (22), 14
	39	+	liable if not entitled to an exemption under subdivision (17), (19), (22), 14 Raised Bill No. 6419
	40	+
	41	+
	42	+
	43	+	LCO No. 3260 2 of 7
	44	+
32	45		(23), (25) or (26) of section 12-81, may vote. [, unless restricted by the 15
33	46		provisions of any special act relating to such town, district or 16
34	47		subdivision.] 17
35		-	Sec. 2. Section 7-324 of the general statutes is repealed and the 18 Substitute Bill No. 6419
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	48	+	Sec. 2. Section 7-324 of the general statutes is repealed and the 18
42	49		following is substituted in lieu thereof (Effective October 1, 2021): 19
43	50		(a) For the purposes of sections 7-324 to 7-329, inclusive: [, "district"] 20
44	51		(1) "District" means any fire district, sewer district, fire and sewer 21
45	52		district, lighting district, village, beach or improvement association and 22
46	53		any other district or association, except a school district, wholly within 23
47	54		a town and having the power to make appropriations or to levy taxes; 24
48	55		and 25
49	56		(2) "Voter" has the same meaning as provided in section 9-1. 26
50	57		(b) (1) All districts established prior to May 29, 1957, under the 27
51	58		provisions of the general statutes or by special act shall be continued; 28
52	59		provided any such district may be dissolved or consolidated with the 29
53	60		government of any town, city or borough of which it is a part in 30
54	61		accordance with the provisions of the general statutes or may, by a two-31
55	62		thirds vote of those voters present at a district meeting, elect to be 32
56	63		governed by the provisions of sections 7-324 to 7-329, inclusive, in lieu 33
57	64		of the provisions of any general or special act under which such district 34
58	65		was established or operated. 35
59	66		(2) Notwithstanding any of the provisions of sections 7-324 to 7-329, 36
60	67		inclusive, a district established prior to May 29, 1957, and electing to be 37
61	68		governed by said sections shall not be required to adopt the form of 38
62	69		organization provided for in said sections but may continue its existing 39
63	70		form of organization and nevertheless have and exercise the powers and 40
64	71		duties granted to districts in said sections and in such event the officers 41
65	72		of such district shall have and may exercise the powers and duties 42
66	73		granted to district officers in said sections. 43
67		-	Sec. 3. Section 7-325 of the general statutes is repealed and the 44
	74	+	Sec. 3. Section 7-325 of the general statutes is repealed and the 44 Raised Bill No. 6419
	75	+
	76	+
	77	+
	78	+	LCO No. 3260 3 of 7
	79	+
68	80		following is substituted in lieu thereof (Effective October 1, 2021): 45
69	81		(a) (1) Upon the petition of fifteen or more voters [, as defined by 46
70	82		section 7-6,] of any town, specifying the limits of a proposed district for 47
71		-	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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	83	+	any or all of the purposes set forth in section 7-326, the selectmen of such 48
78	84		town shall call a meeting of (A) the voters residing within such specified 49
79	85		limits, and (B) in the case of a proposed district to maintain water quality 50
80	86		in a lake or lakes that are located solely in such town, the owners of real 51
81	87		property located within such specified limits, to act upon such petition. 52
82	88		[, which] 53
83	89		(2) Such meeting shall be held at such place within such town and 54
84	90		such hour as the selectmen designate, within thirty days after such 55
85	91		petition has been received by such selectmen. Such limits shall contain 56
86	92		only contiguous property, except any proposed district which is 57
87	93		proposed to be established only to plan, lay out, acquire, construct, 58
88	94		reconstruct, repair, maintain, operate and regulate the use of a 59
89	95		community water system or to construct and maintain drains and 60
90	96		sewers or both and which does not exercise any of the other powers 61
91	97		enumerated in section 7-326, may contain noncontiguous properties if 62
92	98		the properties proposed to be included are, or are to be, served by a 63
93	99		common water or sewer main. Such meeting shall be called by 64
94	100		publication of a written notice of the same, signed by the selectmen, at 65
95	101		least fourteen days before the time fixed for such meeting in two 66
96	102		successive issues of some newspaper published or circulated in such 67
97	103		town. 68
98	104		(3) (A) Not later than twenty-four hours before such meeting, [(1)] (i) 69
99	105		two hundred or more voters or ten per cent of the total number of voters, 70
100	106		whichever is less, may petition the selectmen in writing for a 71
101	107		referendum, or [(2)] (ii) the selectmen in their discretion may order a 72
102	108		referendum, on the sole question of whether the proposed district 73
103	109		should be established. Any such referendum shall be held not less than 74
104	110		seven nor more than fourteen days after the receipt of such petition or 75
105	111		the date of such order, on a day to be set by the selectmen for a vote by 76
106		-	paper ballots or by a "yes" or "no" vote on the voting machines, during 77
	112	+	paper ballots or by a "yes" or "no" vote on the voting machines, during 77 Raised Bill No. 6419
	113	+
	114	+
	115	+
	116	+	LCO No. 3260 4 of 7
	117	+
107	118		the hours between twelve o'clock noon and eight o'clock p.m.; except 78
108	119		that any town may, by vote of its selectmen, provide for an earlier hour 79
109	120		for opening the polls but not earlier than six o'clock a.m., 80
110		-	notwithstanding the provisions of any special act to the contrary. [If] 81 Substitute Bill No. 6419
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	121	+	notwithstanding the provisions of any special act to the contrary. [If] 81
117	122		Except as provided in subparagraph (B) of this subdivision, if two-thirds 82
118	123		of the voters casting votes in such referendum vote in favor of 83
119	124		establishing the proposed district, the selectmen shall reconvene such 84
120	125		meeting not later than seven days after the day on which the referendum 85
121	126		is held. 86
122	127		(B) In the case of a referendum on a proposed district to maintain 87
123	128		water quality in a lake or lakes that are located solely in such town, if a 88
124	129		majority of both the voters and the owners described in subdivision (1) 89
125		-	of this ~~subsection~~ casting votes in such referendum vote in favor of 90
	130	+	of this section casting votes in such referendum vote in favor of 90
126	131		establishing the proposed district, the selectmen shall reconvene the 91
127	132		meeting on such proposed district not later than seven days after the 92
128	133		day on which such referendum is held. 93
129	134		[Upon] (4) (A) Except as provided in subparagraph (B) of this 94
130	135		subdivision, upon approval of the petition for the proposed district by 95
131	136		two-thirds of the voters present at such meeting, or if a referendum is 96
132	137		held, upon the reconvening of such meeting after the referendum, the 97
133	138		voters may name the district and, upon the vote of a majority of such 98
134	139		voters, choose necessary officers therefor to hold office until the first 99
135	140		annual meeting thereof. [; and the] 100
136	141		(B) In the case of a petition for a proposed district to maintain water 101
137	142		quality in a lake or lakes that are located solely in such town, upon 102
138	143		approval of such petition by a majority of both the voters and the owners 103
139		-	described in subdivision (1) of this ~~subsection~~ at the meeting on such 104
	144	+	described in subdivision (1) of this section at the meeting on such 104
140	145		proposed district, or if a referendum is held, upon the reconvening of 105
141	146		such meeting after the referendum, such voters and owners may name 106
142	147		the district and, upon the vote of a majority of such voters and owners, 107
143	148		choose necessary officers therefor to hold office until the first annual 108
144		-	meeting thereof. 109
	149	+	meeting thereof. 109 Raised Bill No. 6419
	150	+
	151	+
	152	+
	153	+	LCO No. 3260 5 of 7
	154	+
145	155		(5) The district shall, upon the filing of the first report required 110
146	156		pursuant to subsection (c) of this section, thereupon be a body corporate 111
147	157		and politic and have the powers, not inconsistent with the general 112
148		-	statutes, in relation to the objects for which it was established, that are 113 Substitute Bill No. 6419
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	158	+	statutes, in relation to the objects for which it was established, that are 113
155	159		necessary for the accomplishment of such objects, including the power 114
156	160		to lay and collect taxes. The clerk of such district shall cause its name 115
157	161		and a description of its territorial limits and of any additions that may 116
158	162		be made thereto to be recorded in the land records of each town in which 117
159	163		such district is located. 118
160	164		(b) Any district may enlarge or reduce its territorial limits if the board 119
161	165		of directors of the district approves a resolution proposing such an 120
162	166		enlargement or reduction and stating the proposed boundaries of the 121
163	167		area proposed to be included or excluded, as the case may be, provided: 122
164	168		(1) The board of directors of the district shall call a meeting of voters of 123
165	169		the area proposed to be included or excluded, which meeting shall be 124
166	170		held within thirty days of the board of directors' approval of such 125
167	171		resolution and shall be called by publication of a written notice of the 126
168	172		same, signed by the members of the board of directors of the district, at 127
169	173		least fourteen days before the time fixed for such meeting in two 128
170	174		successive issues of some newspaper published or circulated in such 129
171	175		town, provided not later than twenty-four hours before any such 130
172	176		meeting, two hundred or more such voters or ten per cent of the total 131
173	177		number of such voters, whichever is less, may petition the clerk of the 132
174	178		district, in writing, that a referendum on the question of whether the 133
175	179		area proposed to be included or excluded should join or leave the 134
176	180		district be held in the manner provided in section 7-327; (2) a two-thirds 135
177	181		majority of the voters of the area proposed to be included or excluded 136
178	182		in attendance at such meeting, or, if a referendum is held, two-thirds of 137
179	183		such voters casting votes in such referendum, vote in favor of joining or 138
180	184		leaving such district; (3) that any area to be added is contiguous with 139
181	185		some portion of the existing district; [,] and (4) if the enlargement of the 140
182	186		territorial limits of the district will overlap the territorial limits of 141
183	187		another district within the town, the legislative body of the town 142
184		-	approves such enlargement. If any district enlarges or reduces its 143
	188	+	approves such enlargement. If any district enlarges or reduces its 143 Raised Bill No. 6419
	189	+
	190	+
	191	+
	192	+	LCO No. 3260 6 of 7
	193	+
185	194		territorial limits, the clerk of such district shall notify the town clerk of 144
186	195		each town affected by such enlargement or reduction within thirty days 145
187		-	after the vote. 146 Substitute Bill No. 6419
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	196	+	after the vote. 146
194	197		(c) (1) The clerk of each district created pursuant to this chapter or 147
195	198		any provisions of the general statutes or any special act, shall report to 148
196	199		the town clerk of each town in which such district is located: [(1)] (A) If 149
197	200		created by approval of a petition pursuant to subsection (a) of this 150
198	201		section on or after July 1, 1987, within seven days of such approval; and 151
199	202		[(2)] (B) on or before July 31, 1993, and annually thereafter for each such 152
200	203		district, irrespective of the date of creation. The first report filed after the 153
201	204		creation of a district shall include a list of the officers of such district, a 154
202	205		copy of the charter or special act of such district and such other 155
203	206		information on the organization and the financial status of such district 156
204	207		as the Secretary of the Office of Policy and Management may 157
205	208		recommend. A copy of the charter or special act of such district shall be 158
206	209		included in any subsequent report if such charter or special act was 159
207	210		amended after the date of the previous filing. No district, irrespective of 160
208	211		the date of creation, created by approval of a petition pursuant to 161
209	212		subsection (a) of this section shall exist as a body corporate and politic 162
210	213		until the clerk of such district has filed at least one report required by 163
211	214		this subsection. If a district is located in more than one town, the report 164
212	215		shall be filed by the district clerk with the town clerk of each town in 165
213	216		which the district is located. 166
214	217		[(d)] (2) Any fine imposed on and after July 1, 1992, on a clerk for 167
215	218		failure to file a report required [pursuant to subsection (c) of this section] 168
216	219		under subdivision (1) of this subsection shall be waived. 169
217	220		This act shall take effect as follows and shall amend the following
218	221		sections:
219	222
220	223		Section 1 October 1, 2021 7-6
221	224		Sec. 2 October 1, 2021 7-324
222	225		Sec. 3 October 1, 2021 7-325
223		-
224		-	Statement of Legislative Commissioners:
225		-	In Sections 3(a)(3)(B) and 3(a)(4)(B), "this section" was changed to "this
226		-	subsection" for accuracy.
227		-	Substitute Bill No. 6419
	226	+	Raised Bill No. 6419
228	227
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234		-	PD Joint Favorable Subst. -LCO
	230	+	LCO No. 3260 7 of 7
	231	+
	232	+	Statement of Purpose:
	233	+	To allow a simple majority of voters to approve the creation of a special
	234	+	taxing district to maintain water quality in a lake.
	235	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	236	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	237	+	underlined.]
235	238