LCO No. 3270 1 of 49 General Assembly Governor's Bill No. 6448 January Session, 2021 LCO No. 3270 Referred to Committee on PLANNING AND DEVELOPMENT Introduced by: Request of the Governor Pursuant to Joint Rule 9 AN ACT EXPANDING ACC ESS TO LOCAL GOVERNMENT AND MODERNIZING LOCAL GO VERNMENT OPERATIONS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 1-200 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective July 1, 2021): 2 As used in this chapter, the following words and phrases shall have 3 the following meanings, except where such terms are used in a context 4 which clearly indicates the contrary: 5 (1) "Public agency" or "agency" means: 6 (A) Any executive, administrative or legislative office of the state or 7 any political subdivision of the state and any state or town agency, any 8 department, institution, bureau, board, commission, authority or official 9 of the state or of any city, town, borough, municipal corporation, school 10 Governor's Bill No. 6448 LCO No. 3270 2 of 49 district, regional district or other district or other political subdivision of 11 the state, including any committee of, or created by, any such office, 12 subdivision, agency, department, institution, bureau, board, 13 commission, authority or official, and also includes any judicial office, 14 official, or body or committee thereof but only with respect to its or their 15 administrative functions, and for purposes of this subparagraph, 16 "judicial office" includes, but is not limited to, the Division of Public 17 Defender Services; 18 (B) Any person to the extent such person is deemed to be the 19 functional equivalent of a public agency pursuant to law; or 20 (C) Any "implementing agency", as defined in section 32-222. 21 (2) "Meeting" means any hearing or other proceeding of a public 22 agency, any convening or assembly of a quorum of a multimember 23 public agency, and any communication by or to a quorum of a 24 multimember public agency, [whether in person or by means of 25 electronic equipment,] to discuss or act upon a matter over which the 26 public agency has supervision, control, jurisdiction or advisory power. 27 "Meeting" does not include: Any meeting of a personnel search 28 committee for executive level employment candidates; any chance 29 meeting, or a social meeting neither planned nor intended for the 30 purpose of discussing matters relating to official business; strategy or 31 negotiations with respect to collective bargaining; a caucus of members 32 of a single political party notwithstanding that such members also 33 constitute a quorum of a public agency; an administrative or staff 34 meeting of a single-member public agency; and communication limited 35 to notice of meetings of any public agency or the agendas thereof. A 36 quorum of the members of a public agency who are present at any event 37 which has been noticed and conducted as a meeting of another public 38 agency under the provisions of the Freedom of Information Act shall not 39 be deemed to be holding a meeting of the public agency of which they 40 are members as a result of their presence at such event. 41 (3) "Caucus" means (A) a convening or assembly of the enrolled 42 Governor's Bill No. 6448 LCO No. 3270 3 of 49 members of a single political party who are members of a public agency 43 within the state or a political subdivision, or (B) the members of a 44 multimember public agency, which members constitute a majority of 45 the membership of the agency, or the other members of the agency who 46 constitute a minority of the membership of the agency, who register 47 their intention to be considered a majority caucus or minority caucus, as 48 the case may be, for the purposes of the Freedom of Information Act, 49 provided (i) the registration is made with the office of the Secretary of 50 the State for any such public agency of the state, in the office of the clerk 51 of a political subdivision of the state for any public agency of a political 52 subdivision of the state, or in the office of the clerk of each municipal 53 member of any multitown district or agency, (ii) no member is 54 registered in more than one caucus at any one time, (iii) no such 55 member's registration is rescinded during the member's remaining term 56 of office, and (iv) a member may remain a registered member of the 57 majority caucus or minority caucus regardless of whether the member 58 changes his or her party affiliation under chapter 143. 59 (4) "Person" means natural person, partnership, corporation, limited 60 liability company, association or society. 61 (5) "Public records or files" means any recorded data or information 62 relating to the conduct of the public's business prepared, owned, used, 63 received or retained by a public agency, or to which a public agency is 64 entitled to receive a copy by law or contract under section 1-218, 65 whether such data or information be handwritten, typed, tape-recorded, 66 videotaped, printed, photostated, photographed or recorded by any 67 other method. 68 (6) "Executive sessions" means a meeting of a public agency at which 69 the public is excluded for one or more of the following purposes: (A) 70 Discussion concerning the appointment, employment, performance, 71 evaluation, health or dismissal of a public officer or employee, provided 72 that such individual may require that discussion be held at an open 73 meeting; (B) strategy and negotiations with respect to pending claims or 74 pending litigation to which the public agency or a member thereof, 75 Governor's Bill No. 6448 LCO No. 3270 4 of 49 because of the member's conduct as a member of such agency, is a party 76 until such litigation or claim has been finally adjudicated or otherwise 77 settled; (C) matters concerning security strategy or the deployment of 78 security personnel, or devices affecting public security; (D) discussion 79 of the selection of a site or the lease, sale or purchase of real estate by the 80 state or a political subdivision of the state when publicity regarding such 81 site, lease, sale, purchase or construction would adversely impact the 82 price of such site, lease, sale, purchase or construction until such time as 83 all of the property has been acquired or all proceedings or transactions 84 concerning same have been terminated or abandoned; and (E) 85 discussion of any matter which would result in the disclosure of public 86 records or the information contained therein described in subsection (b) 87 of section 1-210. 88 (7) "Personnel search committee" means a body appointed by a public 89 agency, whose sole purpose is to recommend to the appointing agency 90 a candidate or candidates for an executive-level employment position. 91 Members of a "personnel search committee" shall not be considered in 92 determining whether there is a quorum of the appointing or any other 93 public agency. 94 (8) "Pending claim" means a written notice to an agency which sets 95 forth a demand for legal relief or which asserts a legal right stating the 96 intention to institute an action in an appropriate forum if such relief or 97 right is not granted. 98 (9) "Pending litigation" means (A) a written notice to an agency which 99 sets forth a demand for legal relief or which asserts a legal right stating 100 the intention to institute an action before a court if such relief or right is 101 not granted by the agency; (B) the service of a complaint against an 102 agency returnable to a court which seeks to enforce or implement legal 103 relief or a legal right; or (C) the agency's consideration of action to 104 enforce or implement legal relief or a legal right. 105 (10) "Freedom of Information Act" means this chapter. 106 (11) "Governmental function" means the administration or 107 Governor's Bill No. 6448 LCO No. 3270 5 of 49 management of a program of a public agency, which program has been 108 authorized by law to be administered or managed by a person, where 109 (A) the person receives funding from the public agency for 110 administering or managing the program, (B) the public agency is 111 involved in or regulates to a significant extent such person's 112 administration or management of the program, whether or not such 113 involvement or regulation is direct, pervasive, continuous or day-to-114 day, and (C) the person participates in the formulation of governmental 115 policies or decisions in connection with the administration or 116 management of the program and such policies or decisions bind the 117 public agency. "Governmental function" shall not include the mere 118 provision of goods or services to a public agency without the delegated 119 responsibility to administer or manage a program of a public agency. 120 (12) "Electronic equipment" means any technology that facilitates 121 real-time public access to meetings, including, but not limited to, 122 telephonic, video or other conferencing platforms. 123 (13) "Electronic transmission" means any form or process of 124 communication not directly involving the physical transfer of paper or 125 another tangible medium, which (A) is capable of being retained, 126 retrieved and reproduced by the recipient, and (B) is retrievable in paper 127 form by the recipient. 128 Sec. 2. Section 1-206 of the general statutes is repealed and the 129 following is substituted in lieu thereof (Effective July 1, 2021): 130 (a) Any denial of the right to inspect or copy records provided for 131 under section 1-210 shall be made to the person requesting such right 132 by the public agency official who has custody or control of the public 133 record, in writing, within four business days of such request, except 134 when the request is determined to be subject to subsections (b) and (c) 135 of section 1-214, in which case such denial shall be made, in writing, 136 within ten business days of such request. Failure to comply with a 137 request to so inspect or copy such public record within the applicable 138 number of business days shall be deemed to be a denial. 139 Governor's Bill No. 6448 LCO No. 3270 6 of 49 (b) (1) Any person denied the right to inspect or copy records under 140 section 1-210 or wrongfully denied the right to attend any meeting of a 141 public agency or denied any other right conferred by the Freedom of 142 Information Act may appeal therefrom to the Freedom of Information 143 Commission, by filing a notice of appeal with said commission. A notice 144 of appeal shall be filed not later than thirty days after such denial, except 145 in the case of an unnoticed or secret meeting, in which case the appeal 146 shall be filed not later than thirty days after the person filing the appeal 147 receives actual or constructive notice that such meeting was held. For 148 purposes of this subsection, such notice of appeal shall be deemed to be 149 filed on the date it is received by said commission or on the date it is 150 postmarked, if received more than thirty days after the date of the denial 151 from which such appeal is taken. Upon receipt of such notice, the 152 commission shall serve upon all parties, by certified or registered mail 153 or by electronic transmission received in the manner described in 154 section 1-280, a copy of such notice together with any other notice or 155 order of such commission. In the case of the denial of a request to inspect 156 or copy records contained in a public employee's personnel or medical 157 file or similar file under subsection (c) of section 1-214, the commission 158 shall include with its notice or order an order requiring the public 159 agency to notify any employee whose records are the subject of an 160 appeal, and the employee's collective bargaining representative, if any, 161 of the commission's proceedings and, if any such employee or collective 162 bargaining representative has filed an objection under said subsection 163 (c), the agency shall provide the required notice to such employee and 164 collective bargaining representative by certified mail, return receipt 165 requested, electronic transmission received in the manner described in 166 section 1-280 or by hand delivery with a signed receipt. A public 167 employee whose personnel or medical file or similar file is the subject of 168 an appeal under this subsection may intervene as a party in the 169 proceedings on the matter before the commission. Said commission 170 shall, after due notice to the parties, hear and decide the appeal within 171 one year after the filing of the notice of appeal. The commission shall 172 adopt regulations in accordance with chapter 54, establishing criteria for 173 those appeals which shall be privileged in their assignment for hearing. 174 Governor's Bill No. 6448 LCO No. 3270 7 of 49 Any such appeal shall be heard not later than thirty days after receipt of 175 a notice of appeal and decided not later than sixty days after the hearing. 176 If a notice of appeal concerns an announced agency decision to meet in 177 executive session or an ongoing agency practice of meeting in executive 178 sessions, for a stated purpose, the commission or a member or members 179 of the commission designated by its chairperson shall serve notice upon 180 the parties in accordance with this section and hold a preliminary 181 hearing on the appeal not later than seventy-two hours after receipt of 182 the notice, provided such notice shall be given to the parties at least 183 forty-eight hours prior to such hearing. During such preliminary 184 hearing, the commission shall take evidence and receive testimony from 185 the parties. If after the preliminary hearing the commission finds 186 probable cause to believe that the agency decision or practice is in 187 violation of sections 1-200, as amended by this act, and 1-225, as 188 amended by this act, the agency shall not meet in executive session for 189 such purpose until the commission decides the appeal. If probable cause 190 is found by the commission, it shall conduct a final hearing on the 191 appeal and render its decision not later than five days after the 192 completion of the preliminary hearing. Such decision shall specify the 193 commission's findings of fact and conclusions of law. 194 (2) In any appeal to the Freedom of Information Commission under 195 subdivision (1) of this subsection or subsection (c) of this section, the 196 commission may confirm the action of the agency or order the agency 197 to provide relief that the commission, in its discretion, believes 198 appropriate to rectify the denial of any right conferred by the Freedom 199 of Information Act. The commission may declare null and void any 200 action taken at any meeting which a person was denied the right to 201 attend and may require the production or copying of any public record. 202 In addition, upon the finding that a denial of any right created by the 203 Freedom of Information Act was without reasonable grounds and after 204 the custodian or other official directly responsible for the denial has 205 been given an opportunity to be heard at a hearing conducted in 206 accordance with sections 4-176e to 4-184, inclusive, the commission 207 may, in its discretion, impose against the custodian or other official a 208 Governor's Bill No. 6448 LCO No. 3270 8 of 49 civil penalty of not less than twenty dollars nor more than one thousand 209 dollars. If the commission finds that a person has taken an appeal under 210 this subsection frivolously, without reasonable grounds and solely for 211 the purpose of harassing the agency from which the appeal has been 212 taken, after such person has been given an opportunity to be heard at a 213 hearing conducted in accordance with sections 4-176e to 4-184, 214 inclusive, the commission may, in its discretion, impose against that 215 person a civil penalty of not less than twenty dollars nor more than one 216 thousand dollars. The commission shall notify a person of a penalty 217 levied against him pursuant to this subsection by written notice sent by 218 certified or registered mail or electronic transmission received in the 219 manner described in section 1-280. If a person fails to pay the penalty 220 within thirty days of receiving such notice, the Superior Court shall, on 221 application of the commission, issue an order requiring the person to 222 pay the penalty imposed. If the executive director of the commission has 223 reason to believe an appeal under subdivision (1) of this subsection or 224 subsection (c) of this section (A) presents a claim beyond the 225 commission's jurisdiction; (B) would perpetrate an injustice; or (C) 226 would constitute an abuse of the commission's administrative process, 227 the executive director shall not schedule the appeal for hearing without 228 first seeking and obtaining leave of the commission. The commission 229 shall provide due notice to the parties and review affidavits and written 230 argument that the parties may submit and grant or deny such leave 231 summarily at its next regular meeting. The commission shall grant such 232 leave unless it finds that the appeal: (i) Does not present a claim within 233 the commission's jurisdiction; (ii) would perpetrate an injustice; or (iii) 234 would constitute an abuse of the commission's administrative process. 235 Any party aggrieved by the commission's denial of such leave may 236 apply to the superior court for the judicial district of New Britain, within 237 fifteen days of the commission meeting at which such leave was denied, 238 for an order requiring the commission to hear such appeal. 239 (3) In making the findings and determination under subdivision (2) 240 of this subsection the commission shall consider the nature of any 241 injustice or abuse of administrative process, including but not limited 242 Governor's Bill No. 6448 LCO No. 3270 9 of 49 to: (A) The nature, content, language or subject matter of the request or 243 the appeal, including, among other factors, whether the request or 244 appeal is repetitious or cumulative; (B) the nature, content, language or 245 subject matter of prior or contemporaneous requests or appeals by the 246 person making the request or taking the appeal; (C) the nature, content, 247 language or subject matter of other verbal and written communications 248 to any agency or any official of any agency from the person making the 249 request or taking the appeal; (D) any history of nonappearance at 250 commission proceedings or disruption of the commission's 251 administrative process, including, but not limited to, delaying 252 commission proceedings; and (E) the refusal to participate in settlement 253 conferences conducted by a commission ombudsman in accordance 254 with the commission's regulations. 255 (4) Notwithstanding any provision of this subsection to the contrary, 256 in the case of an appeal to the commission of a denial by a public agency, 257 the commission may, upon motion of such agency, confirm the action of 258 the agency and dismiss the appeal without a hearing if it finds, after 259 examining the notice of appeal and construing all allegations most 260 favorably to the appellant, that (A) the agency has not violated the 261 Freedom of Information Act, or (B) the agency has committed a technical 262 violation of the Freedom of Information Act that constitutes a harmless 263 error that does not infringe the appellant's rights under said act. 264 (5) Notwithstanding any provision of this subsection, a public agency 265 may petition the commission for relief from a requester that the public 266 agency alleges is a vexatious requester. Such petition shall be sworn 267 under penalty of false statement, as provided in section 53a-157b, and 268 shall detail the conduct which the agency alleges demonstrates a 269 vexatious history of requests, including, but not limited to: (A) The 270 number of requests filed and the total number of pending requests; (B) 271 the scope of the requests; (C) the nature, content, language or subject 272 matter of the requests; (D) the nature, content, language or subject 273 matter of other oral and written communications to the agency from the 274 requester; and (E) a pattern of conduct that amounts to an abuse of the 275 right to access information under the Freedom of Information Act or an 276 Governor's Bill No. 6448 LCO No. 3270 10 of 49 interference with the operation of the agency. Upon receipt of such 277 petition, the executive director of the commission shall review the 278 petition and determine whether it warrants a hearing. If the executive 279 director determines that a hearing is not warranted, the executive 280 director shall recommend that the commission deny the petition 281 without a hearing. The commission shall vote at its next regular meeting 282 after such recommendation to accept or reject such recommendation 283 and, after such meeting, shall issue a written explanation of the reasons 284 for such acceptance or rejection. If the executive director determines that 285 a hearing is warranted, the commission shall serve upon all parties, by 286 certified or registered mail or electronic transmission received in the 287 manner described in section 1-280, a copy of such petition together with 288 any other notice or order of the commission. The commission shall, after 289 due notice to the parties, hear and either grant or deny the petition 290 within one year after its filing. Upon a grant of such petition, the 291 commission may provide appropriate relief commensurate with the 292 vexatious conduct, including, but not limited to, an order that the 293 agency need not comply with future requests from the vexatious 294 requester for a specified period of time, but not to exceed one year. Any 295 party aggrieved by the commission's granting of such petition may 296 apply to the superior court for the judicial district of New Britain, within 297 fifteen days of the commission meeting at which such petition was 298 granted, for an order reversing the commission's decision. 299 (c) Any person who does not receive proper notice of any meeting of 300 a public agency in accordance with the provisions of the Freedom of 301 Information Act may appeal under the provisions of subsection (b) of 302 this section. A public agency of the state shall be presumed to have given 303 timely and proper notice of any meeting as provided for in said 304 Freedom of Information Act if notice is given in the Connecticut Law 305 Journal or a Legislative Bulletin. A public agency of a political 306 subdivision shall be presumed to have given proper notice of any 307 meeting, if a notice is timely sent under the provisions of said Freedom 308 of Information Act by (1) first-class mail to the address, or (2) electronic 309 transmission to the information processing system, as defined in section 310 Governor's Bill No. 6448 LCO No. 3270 11 of 49 1-267, indicated in the request of the person requesting the same. If such 311 commission determines that notice was improper, it may, in its sound 312 discretion, declare any or all actions taken at such meeting null and 313 void. 314 (d) Any party aggrieved by the decision of said commission may 315 appeal therefrom, in accordance with the provisions of section 4-183. 316 Notwithstanding the provisions of section 4-183, in any such appeal of 317 a decision of the commission, the court may conduct an in camera 318 review of the original or a certified copy of the records which are at issue 319 in the appeal but were not included in the record of the commission's 320 proceedings, admit the records into evidence and order the records to 321 be sealed or inspected on such terms as the court deems fair and 322 appropriate, during the appeal. The commission shall have standing to 323 defend, prosecute or otherwise participate in any appeal of any of its 324 decisions and to take an appeal from any judicial decision overturning 325 or modifying a decision of the commission. If aggrievement is a 326 jurisdictional prerequisite to the commission taking any such appeal, 327 the commission shall be deemed to be aggrieved. Notwithstanding the 328 provisions of section 3-125, legal counsel employed or retained by said 329 commission shall represent said commission in all such appeals and in 330 any other litigation affecting said commission. Notwithstanding the 331 provisions of subsection (c) of section 4-183 and section 52-64, all process 332 shall be served upon said commission at its office. Any appeal taken 333 pursuant to this section shall be privileged in respect to its assignment 334 for trial over all other actions except writs of habeas corpus and actions 335 brought by or on behalf of the state, including informations on the 336 relation of private individuals. Nothing in this section shall deprive any 337 party of any rights he may have had at common law prior to January 1, 338 1958. If the court finds that any appeal taken pursuant to this section or 339 section 4-183 is frivolous or taken solely for the purpose of delay, it shall 340 order the party responsible therefor to pay to the party injured by such 341 frivolous or dilatory appeal costs or attorney's fees of not more than one 342 thousand dollars. Such order shall be in addition to any other remedy 343 or disciplinary action required or permitted by statute or by rules of 344 Governor's Bill No. 6448 LCO No. 3270 12 of 49 court. 345 (e) Within sixty days after the filing of a notice of appeal alleging 346 violation of any right conferred by the Freedom of Information Act 347 concerning records of the Department of Energy and Environmental 348 Protection relating to the state's hazardous waste program under 349 sections 22a-448 to 22a-454, inclusive, the Freedom of Information 350 Commission shall, after notice to the parties, hear and decide the appeal. 351 Failure by the commission to hear and decide the appeal within such 352 sixty-day period shall constitute a final decision denying such appeal 353 for purposes of this section and section 4-183. On appeal, the court may, 354 in addition to any other powers conferred by law, order the disclosure 355 of any such records withheld in violation of the Freedom of Information 356 Act and may assess against the state reasonable attorney's fees and other 357 litigation costs reasonably incurred in an appeal in which the 358 complainant has prevailed against the Department of Energy and 359 Environmental Protection. 360 Sec. 3. Section 1-225 of the general statutes is repealed and the 361 following is substituted in lieu thereof (Effective July 1, 2021): 362 (a) The meetings of all public agencies, except executive sessions, as 363 defined in subdivision (6) of section 1-200, as amended by this act, shall 364 be open to the public by means of electronic equipment. If two or more 365 members of a public agency conduct a meeting in person, members of 366 the public shall be permitted to attend such meeting in person. Any 367 public agency that conducts a meeting, other than an executive session 368 or emergency special meeting, as described in section 1-225, as amended 369 by this act, solely by means of electronic equipment shall provide the 370 public (1) a physical location and any electronic equipment necessary to 371 attend such meeting in real-time, and (2) the opportunity to provide 372 comment or testimony, vote and otherwise participate in such meeting, 373 as applicable. 374 (b) The votes of each member of any such public agency upon any 375 issue before such public agency shall be taken by a roll call whenever 376 Governor's Bill No. 6448 LCO No. 3270 13 of 49 one or more members are participating by means of electronic 377 equipment, reduced to writing, [and] made available for public 378 inspection within forty-eight hours and [shall also be] recorded in the 379 minutes of the [session] meeting at which taken. Such minutes shall 380 record a list of members that attended such meeting in person and a list 381 of members that attended such meeting by means of electronic 382 equipment. Not later than seven days after the date of the [session] 383 meeting to which such minutes refer, such minutes and an audio or 384 video recording or transcript of such meeting shall be available for 385 public inspection and posted on such public agency's Internet web site, 386 if available, except that no public agency of a political subdivision of the 387 state shall be required to post such minutes, recording or transcript on 388 an Internet web site. Such audio or video recording or transcript shall 389 be retained in accordance with standards and guidelines established by 390 the State Librarian or the Public Records Administrator in accordance 391 with sections 11-8 and 11-8a. Each public agency shall make, keep and 392 maintain a record of the proceedings of its meetings. 393 [(b)] (c) Each such public agency of the state shall file not later than 394 January thirty-first of each year in the office of the Secretary of the State 395 the schedule of the regular meetings of such public agency for the 396 ensuing year and shall post such schedule on such public agency's 397 Internet web site, if available, except that such requirements shall not 398 apply to the General Assembly, either house thereof or to any committee 399 thereof. Any other provision of the Freedom of Information Act 400 notwithstanding, the General Assembly at the commencement of each 401 regular session in the odd-numbered years, shall adopt, as part of its 402 joint rules, rules to provide notice to the public of its regular, special, 403 emergency or interim committee meetings. The chairperson or secretary 404 of any such public agency of any political subdivision of the state shall 405 file, not later than January thirty-first of each year, with the clerk of such 406 subdivision the schedule of regular meetings of such public agency for 407 the ensuing year, and no such meeting of any such public agency shall 408 be held sooner than thirty days after such schedule has been filed. The 409 chief executive officer of any multitown district or agency shall file, not 410 Governor's Bill No. 6448 LCO No. 3270 14 of 49 later than January thirty-first of each year, with the clerk of each 411 municipal member of such district or agency, the schedule of regular 412 meetings of such public agency for the ensuing year, and no such 413 meeting of any such public agency shall be held sooner than thirty days 414 after such schedule has been filed. 415 [(c)] (d) The agenda of [the regular meetings of every] any regular 416 meeting of a public agency, except for the General Assembly, shall be 417 available to the public and shall be filed, not less than twenty-four hours 418 before the [meetings] meeting to which [they refer,] it refers (1) in such 419 agency's regular office or place of business, [and] (2) in the office and on 420 the Internet web site of the Secretary of the State for any such public 421 agency of the state, in the office of the clerk of such subdivision for any 422 public agency of a political subdivision of the state or in the office of the 423 clerk of each municipal member of any multitown district or agency, [. 424 For any such public agency of the state, such agenda shall be posted on 425 the public agency's and the Secretary of the State's web sites] and (3) on 426 such public agency's Internet web site. Not less than twenty-four hours 427 before such meeting, such public agency shall post on its Internet web 428 site (A) any relevant documents prepared prior to the meeting by the 429 public agency or any party to a matter on the meeting agenda, including, 430 but not limited to, applications before such public agency, and (B) 431 instructions for the public to, by means of electronic equipment or in 432 person, attend and provide comment, vote or otherwise participate in 433 such meeting, as applicable. Not more than three business days after the 434 adjournment of a meeting, such public agency shall post on its Internet 435 web site any relevant documents produced fewer than twenty-four 436 hours prior to or during such meeting by the public agency or any party 437 to a matter that appeared on the meeting agenda. Upon the affirmative 438 vote of two-thirds of the members of a public agency present and voting, 439 any subsequent business not included in such filed [agendas] agenda 440 may be considered and acted upon at such meetings. 441 [(d)] (e) Notice of each special meeting of every public agency, except 442 for the General Assembly, either house thereof or any committee 443 thereof, shall be posted not less than twenty-four hours before the 444 Governor's Bill No. 6448 LCO No. 3270 15 of 49 meeting to which such notice refers on the public agency's Internet web 445 site, if available, and given not less than twenty-four hours prior to the 446 time of such meeting by filing a notice of the time and place thereof in 447 the office of the Secretary of the State for any such public agency of the 448 state, in the office of the clerk of such subdivision for any public agency 449 of a political subdivision of the state and in the office of the clerk of each 450 municipal member for any multitown district or agency. The secretary 451 or clerk shall cause any notice received under this section to be posted 452 in his office. Such notice shall be given not less than twenty-four hours 453 prior to the time of the special meeting; provided, in case of emergency, 454 except for the General Assembly, either house thereof or any committee 455 thereof, any such special meeting may be held without complying with 456 the foregoing requirement for the filing of notice but a copy of the 457 minutes of every such emergency special meeting adequately setting 458 forth the nature of the emergency and the proceedings occurring at such 459 meeting shall be filed with the Secretary of the State, the clerk of such 460 political subdivision, or the clerk of each municipal member of such 461 multitown district or agency, as the case may be, not later than seventy-462 two hours following the holding of such meeting. The notice shall (1) 463 specify the time and place of the special meeting, [and] (2) specify the 464 business to be transacted, and (3) include instructions for the public to, 465 by means of electronic equipment or in person, attend and provide 466 comment, vote and otherwise participate in the special meeting, as 467 applicable. No other business shall be considered at such meetings by 468 such public agency. In addition, such written notice shall be delivered 469 by mail to the usual place of abode of or by electronic transmission to 470 each member of the public agency so that the same is received prior to 471 such special meeting. The requirement of delivery or transmission of 472 such [written] notice may be dispensed with as to any member who at 473 or prior to the time the meeting convenes files with the clerk or secretary 474 of the public agency a written waiver of delivery or transmission of such 475 notice. Such waiver may be given by [telegram] electronic transmission. 476 The requirement of delivery or transmission of such [written] notice 477 may also be dispensed with as to any member who is actually present 478 at the meeting at the time it convenes. Nothing in this section shall be 479 Governor's Bill No. 6448 LCO No. 3270 16 of 49 construed to prohibit any agency from adopting more stringent notice 480 requirements. 481 [(e)] (f) No member of the public shall be required, as a condition to 482 attendance at a meeting of any such body, to register the member's 483 name, or furnish other information, or complete a questionnaire or 484 otherwise fulfill any condition precedent to the member's attendance. 485 (g) Any member of a public agency or the public who participates 486 orally in a meeting of a public agency conducted by means of electronic 487 equipment shall state such member's name and title, if applicable, at the 488 outset of each occasion that such member participates orally during an 489 uninterrupted dialogue or series of questions and answers. 490 [(f)] (h) A public agency may hold an executive session, as defined in 491 subdivision (6) of section 1-200, as amended by this act, upon an 492 affirmative vote of two-thirds of the members of such body present and 493 voting, taken at a public meeting and stating the reasons for such 494 executive session, as defined in section 1-200, as amended by this act. 495 [(g)] (i) In determining the time within which or by when a notice, 496 agenda, record of votes or minutes of a special meeting or an emergency 497 special meeting are required to be filed under this section, Saturdays, 498 Sundays, legal holidays and any day on which the office of the agency, 499 the Secretary of the State or the clerk of the applicable political 500 subdivision or the clerk of each municipal member of any multitown 501 district or agency, as the case may be, is closed, shall be excluded. 502 Sec. 4. Section 1-226 of the general statutes is repealed and the 503 following is substituted in lieu thereof (Effective July 1, 2021): 504 (a) (1) At any meeting of a public agency which is open to the public, 505 pursuant to the provisions of section 1-225, as amended by this act, 506 proceedings of such public agency may be recorded, photographed, 507 broadcast or recorded for broadcast, subject to such rules as such public 508 agency may have prescribed prior to such meeting, by any person or by 509 any newspaper, radio broadcasting company or television broadcasting 510 Governor's Bill No. 6448 LCO No. 3270 17 of 49 company. Any recording, radio, television or photographic equipment 511 may be so located within the meeting room as to permit the recording, 512 broadcasting either by radio, or by television, or by both, or the 513 photographing of the proceedings of such public agency. The 514 photographer or broadcaster and its personnel, or the person recording 515 the proceedings, shall be required to handle the photographing, 516 broadcast or recording as inconspicuously as possible and in such 517 manner as not to disturb the proceedings of the public agency. As used 518 herein the term television shall include the transmission of visual and 519 audible signals by cable. 520 (2) At any meeting of a public agency which is open to the public 521 pursuant to the provisions of section 1-225, as amended by this act, such 522 public agency shall create an audio or visual recording or transcript of 523 such meeting, and post such recording or transcript on the Internet web 524 site of such public agency in the manner described in section 1-225, as 525 amended by this act. 526 (b) Any such public agency may adopt rules governing such 527 recording, photography or the use of such broadcasting equipment for 528 radio and television stations but, in the absence of the adoption of such 529 rules and regulations by such public agency prior to the meeting, such 530 recording, photography or the use of such radio and television 531 equipment shall be permitted as provided in subsection (a) of this 532 section. 533 (c) Whenever there is a violation or the probability of a violation of 534 subsections (a) and (b) of this section the superior court, or a judge 535 thereof, for the judicial district in which such meeting is taking place 536 shall, upon application made by affidavit that such violation is taking 537 place or that there is reasonable probability that such violation will take 538 place, issue a temporary injunction against any such violation without 539 notice to the adverse party to show cause why such injunction should 540 not be granted and without the plaintiff's giving bond. Any person or 541 public agency so enjoined may immediately appear and be heard by the 542 court or judge granting such injunction with regard to dissolving or 543 Governor's Bill No. 6448 LCO No. 3270 18 of 49 modifying the same and, after hearing the parties and upon a 544 determination that such meeting should not be open to the public, said 545 court or judge may dissolve or modify the injunction. Any action taken 546 by a judge upon any such application shall be immediately certified to 547 the court to which such proceedings are returnable. 548 Sec. 5. Section 1-227 of the general statutes is repealed and the 549 following is substituted in lieu thereof (Effective July 1, 2021): 550 The public agency shall, where practicable, give notice by mail or 551 electronic transmission of each regular meeting, and of any special 552 meeting which is called, at least one week prior to the date set for the 553 meeting, to any person who has filed a written request for such notice 554 with such body, except that such body may give such notice as it deems 555 practical of special meetings called less than seven days prior to the date 556 set for the meeting. Such notice requirement shall not apply to the 557 General Assembly, either house thereof or to any committee thereof. 558 Any request for notice filed pursuant to this section shall be valid for 559 one year from the date on which it is filed unless a renewal request is 560 filed. Renewal requests for notice shall be filed within thirty days after 561 January first of each year. Such public agency may establish a reasonable 562 charge for sending such notice based on the estimated cost of providing 563 such service. 564 Sec. 6. Section 1-228 of the general statutes is repealed and the 565 following is substituted in lieu thereof (Effective July 1, 2021): 566 The public agency may adjourn any regular or special meeting to a 567 time and place specified in the order of adjournment. Less than a 568 quorum may so adjourn from time to time. If all members are absent 569 from any regular meeting the clerk or the secretary of such body may 570 declare the meeting adjourned to a stated time and place and shall cause 571 a written notice of the adjournment to be given in the same manner as 572 provided in section 1-225, as amended by this act, for special meetings, 573 unless such notice is waived as provided for special meetings. A copy 574 of the order or notice of adjournment shall be conspicuously posted on 575 Governor's Bill No. 6448 LCO No. 3270 19 of 49 or near the door of the place where the regular or special meeting was 576 held and on the Internet web site of the public agency, within twenty-577 four hours after the time of the adjournment. When an order of 578 adjournment of any meeting fails to state the hour at which the 579 adjourned meeting is to be held, it shall be held at the hour specified for 580 regular meetings, by ordinance, resolution, by law or other rule. 581 Sec. 7. Section 7-7 of the general statutes is repealed and the following 582 is substituted in lieu thereof (Effective July 1, 2021): 583 All towns, when lawfully assembled for any purpose other than the 584 election of town officers, and all societies and other municipal 585 corporations when lawfully assembled, shall choose a moderator to 586 preside at such meetings, unless otherwise provided by law; and, except 587 as otherwise provided by law, all questions arising in such meetings 588 shall be decided in accordance with standard parliamentary practice, 589 and towns, societies and municipal corporations may, by ordinance, 590 adopt rules of order for the conduct of their meetings. At any such town 591 meeting the moderator shall be chosen from the last-completed registry 592 list of such town. Two hundred or more persons or ten per cent of the 593 total number qualified to vote in the meeting of a town or other 594 municipal corporation, whichever is less, may petition the clerk or 595 secretary of such town or municipal corporation, in writing, at least 596 twenty-four hours prior to any such meeting, requesting that any item 597 or items on the call of such meeting be submitted to the persons 598 qualified to vote in such meeting not less than seven nor more than 599 fourteen days thereafter, on a day to be set by the town meeting or, if 600 the town meeting does not set a date, by the town selectmen, for a vote 601 by paper ballots or by a "Yes" or "No" vote on the voting machines, 602 during the hours between twelve o'clock noon and eight o'clock p.m.; 603 but any municipality may, any provision of any special act to the 604 contrary notwithstanding, by vote of its legislative body provide for an 605 earlier hour for opening the polls but not earlier than six o'clock a.m. 606 The selectmen of the town may, not less than five days prior to the day 607 of any such meeting, on their own initiative, remove any item on the call 608 of such meeting for submission to the voters in the manner provided by 609 Governor's Bill No. 6448 LCO No. 3270 20 of 49 this section or may submit any item which, in the absence of such a vote, 610 could properly come before such a meeting to the voters at a date set for 611 such vote or along with any other vote the date of which has been 612 previously set. The paper ballots or voting machine ballot labels [, as the 613 case may be,] shall be provided by such clerk or secretary. When such a 614 petition has been filed with such clerk or secretary, the moderator of 615 such meeting, after completion of other business and after reasonable 616 discussion, shall adjourn such meeting and order such vote on such item 617 or items in accordance with the petition; and any item so voted may be 618 rescinded in the same manner. If such moderator resigns or is for any 619 other cause unable to serve as moderator at such adjourned meeting, 620 such clerk or secretary shall serve, or may appoint an elector of such 621 municipality to serve, as moderator of such adjourned meeting. Such 622 clerk or secretary, as the case may be, shall phrase such item or items in 623 a form suitable for printing on such paper ballots or ballot labels, or 624 viewing, if such vote is taken by means of electronic equipment, 625 provided that the designation of any such item shall be in the form of a 626 question, as prescribed under section 9-369. The vote on any item on the 627 call of a town or other municipal corporation shall be taken by paper 628 ballot if so voted at the meeting, if no petition has been filed under this 629 section with reference to such item, except that any person attending the 630 meeting by means of electronic equipment shall be permitted to vote by 631 such means, provided the moderator, clerk or secretary is able to see and 632 hear such person and authenticate that such person is eligible to vote 633 pursuant to section 7-6. 634 Sec. 8. Section 7-8 of the general statutes is repealed and the following 635 is substituted in lieu thereof (Effective July 1, 2021): 636 The moderator of any town meeting, and of any meeting of any 637 society or other community lawfully assembled, may, when any 638 disorder arises in the meeting and the offender refuses to submit to the 639 moderator's lawful authority, order any proper officer to take the 640 offender into custody and, if necessary, to remove the offender from 641 such meeting until the offender conforms to order or, if need be, until 642 such meeting is closed, and thereupon such officer shall have power to 643 Governor's Bill No. 6448 LCO No. 3270 21 of 49 command all necessary assistance. Any person refusing to assist when 644 commanded shall be liable to the same penalties as for refusing to assist 645 constables in the execution of their duties; but no person commanded to 646 assist shall be deprived of such person's right to act in the meeting, nor 647 shall the offender be so deprived any longer than the offender refuses 648 to conform to order. If such offender is attending such meeting by means 649 of electronic equipment, as defined in section 1-200, as amended by this 650 act, the moderator may terminate such offender's attendance by 651 electronic equipment until such time as the offender conforms to order 652 or, if need be, until such meeting is closed. 653 Sec. 9. Section 4-124s of the general statutes is repealed and the 654 following is substituted in lieu thereof (Effective from passage): 655 (a) For purposes of this section: 656 (1) "Regional council of governments" means any such council 657 organized under the provisions of sections 4-124i to 4-124p, inclusive; 658 (2) "Municipality" means a town, city or consolidated town and 659 borough; 660 (3) "Legislative body" means the board of selectmen, town council, 661 city council, board of alderman, board of directors, board of 662 representatives or board of the warden and burgesses of a municipality; 663 (4) "Secretary" means the Secretary of the Office of Policy and 664 Management or the designee of the secretary; [and] 665 (5) "Regional educational service center" has the same meaning as 666 provided in section 10-282; and 667 (6) "Employee organization" means any lawful association, labor 668 organization, federation or council having as a primary purpose the 669 improvement of wages, hours and other conditions of employment. 670 (b) There is established a regional performance incentive program 671 that shall be administered by the Secretary of the Office of Policy and 672 Governor's Bill No. 6448 LCO No. 3270 22 of 49 Management. [On or before December 31, 2011, and annually thereafter, 673 any] Any regional council of governments, [any two or more 674 municipalities acting through a regional council of governments, any 675 economic development district, any] regional educational service center 676 or [any] a combination thereof may submit a proposal to the secretary 677 for: (1) The [joint] provision of any service that one or more participating 678 municipalities of such council [,] or local or regional board of education 679 of such regional educational service center [or agency] currently provide 680 but which is not provided on a regional basis, (2) [a planning study 681 regarding the joint provision of any service on a regional basis, or (3) 682 shared information technology services] the redistribution of grants 683 awarded pursuant to sections 4-66g, 4-66h, 4-66m and 7-536, according 684 to regional priorities, or (3) regional revenue sharing among said 685 participating municipalities pursuant to section 7-148bb. A copy of said 686 proposal shall be sent to the legislators representing said participating 687 municipalities or local or regional boards of education. Any [local or 688 regional board of education or] regional educational service center 689 serving a population greater than one hundred thousand may submit a 690 proposal to the secretary for a regional special education initiative. 691 (c) (1) A regional council of governments [, an economic development 692 district, a] or regional educational service center [or a local or regional 693 board of education] shall submit each proposal in the form and manner 694 the secretary prescribes and shall, at a minimum, provide the following 695 information for each proposal: (A) Service or initiative description; (B) 696 the explanation of the need for such service or initiative; (C) the method 697 of delivering such service or initiative on a regional basis; (D) the 698 organization that would be responsible for regional service or initiative 699 delivery; (E) a description of the population that would be served; (F) 700 the manner in which the proposed regional service or initiative delivery 701 will achieve economies of scale for participating municipalities or 702 boards of education; (G) the amount by which participating 703 municipalities will reduce their mill rates as a result of savings realized; 704 (H) a cost benefit analysis for the provision of the service or initiative by 705 each participating municipality and by the entity or board of education 706 Governor's Bill No. 6448 LCO No. 3270 23 of 49 submitting the proposal; (I) a plan of implementation for delivery of the 707 service or initiative on a regional basis; (J) a resolution endorsing such 708 proposal approved by the [legislative] governing body of [each 709 participating municipality; and (K)] the council or center, which shall 710 include a statement that not less than twenty-five per cent of the cost of 711 such proposal shall be funded by the council or center in the first year 712 of operation, and that by the fourth year of operation the council or 713 center shall fund one hundred per cent of such cost; (K) an 714 acknowledgment from any employee organization that may be 715 impacted by such proposal that they have been informed of and 716 consulted about the proposal; and (L) an explanation of the potential 717 legal obstacles, if any, to the regional provision of the service or 718 initiative, and how such obstacles will be resolved. 719 (2) The secretary shall review each proposal and shall award grants 720 for proposals the secretary determines best [meet the requirements of 721 this section. In awarding such grants, the secretary shall give priority to 722 a proposal submitted by (A) any entity specified in subsection (a) of this 723 section that includes participation of all of the member municipalities of 724 such entity, and which may increase the purchasing power of 725 participating municipalities or provide a cost savings initiative resulting 726 in a decrease in expenses of such municipalities, allowing such 727 municipalities to lower property taxes, (B) any economic development 728 district, and (C) any local or regional board of education] satisfy the 729 following criteria: (A) The proposed service or initiative will be 730 available to or benefit all participating members of the regional council 731 of governments or regional educational service center regardless of such 732 members' participation in the grant application process; (B) when 733 compared to the existing delivery of services by participating members 734 of the council or center, the proposal demonstrates (i) a positive cost 735 benefit to such members, (ii) increased efficiency and capacity in the 736 delivery of services, (iii) a diminished need for state funding, and (iv) 737 increased cost savings; (C) the proposed service or initiative promotes 738 cooperation among participating members that may lead to a reduction 739 in economic or social inequality; (D) the proposal has been approved by 740 Governor's Bill No. 6448 LCO No. 3270 24 of 49 a majority of the members of the council or center, and pursuant to 741 subsection (c) of this section, contains a statement that not less than 742 twenty-five per cent of the cost of such proposal shall be funded by the 743 council or center in the first year of operation, and that by the fourth 744 year of operation the council or center shall fund one hundred per cent 745 of such cost; and (E) any employee organizations that may be impacted 746 by such proposal have been informed of and consulted about such 747 proposal, pursuant to subsection (c) of this section. 748 (d) [On or before December 31, 2013, and annually thereafter until 749 December 31, 2018, in addition to any proposal submitted pursuant to 750 this section, any municipality or regional council of governments may 751 apply to the secretary for a grant to fund: (1) Operating costs associated 752 with connecting to the state-wide high speed, flexible network 753 developed pursuant to section 4d-80, including the costs to connect at 754 the same rate as other government entities served by such network; and 755 (2) capital cost associated with connecting to such network, including 756 expenses associated with building out the internal fiber network 757 connections required to connect to such network, provided the secretary 758 shall make any such grant available in accordance with the two-year 759 schedule by which the Bureau of Enterprise Systems and Technology 760 recommends connecting each municipality and regional council of 761 governments to such network. Any municipality or regional council of 762 governments shall submit each application in the form and manner the 763 secretary prescribes.] Notwithstanding the provisions of sections 7-339a 764 to 7-339l, inclusive, or any other provision of the general statutes, no 765 regional council of governments or regional educational service center 766 or any member municipalities or local or regional boards of education 767 of such councils or centers shall be required to execute an interlocal 768 agreement to implement a proposal submitted pursuant to subsection 769 (c) of this section. 770 (e) Any board of education awarded a grant for a proposal submitted 771 pursuant to subsection (c) of this section may deposit any cost savings 772 realized as a result of the implementation of the proposed service or 773 initiative into a nonlapsing account pursuant to section 10-248a. 774 Governor's Bill No. 6448 LCO No. 3270 25 of 49 [(e)] (f) The secretary shall submit to the Governor and the joint 775 standing committee of the General Assembly having cognizance of 776 matters relating to finance, revenue and bonding a report on the grants 777 provided pursuant to this section. Each such report shall (1) include 778 information on the amount of each grant [,] and the potential of each 779 grant for leveraging other public and private investments, and (2) 780 describe any property tax reductions and improved services achieved 781 by means of the program established pursuant to this section. The 782 secretary shall submit a report for the fiscal year commencing July 1, 783 2011, not later than February 1, 2012, and shall submit a report for each 784 subsequent fiscal year not later than the first day of March in such fiscal 785 year. [Such reports shall include the property tax reductions achieved 786 by means of the program established pursuant to this section.] 787 Sec. 10. Subsection (b) of section 8-31b of the general statutes is 788 repealed and the following is substituted in lieu thereof (Effective from 789 passage): 790 (b) A regional council of governments may accept or participate in 791 any grant, donation or program available to any political subdivision of 792 the state and may also accept or participate in any grant, donation or 793 program made available to counties by any other governmental or 794 private entity. Notwithstanding the provisions of any special or public 795 act, any political subdivision of the state may enter into an agreement 796 with a regional council of governments to perform jointly or to provide, 797 alone or in cooperation with any other entity, any service, activity or 798 undertaking that the political subdivision is authorized by law to 799 perform. A regional council of governments established pursuant to this 800 section may administer and provide regional services to municipalities 801 by affirmative vote of the member municipalities of such council, and 802 may delegate such authority to subregional groups of such 803 municipalities. Notwithstanding the provisions of sections 7-339a to 7-804 339l, inclusive, the administration and provision of such services shall 805 not require the execution of any interlocal agreement. Regional services 806 provided to member municipalities shall be determined by each 807 regional council of governments, except as provided in subsection (b) of 808 Governor's Bill No. 6448 LCO No. 3270 26 of 49 section 9-229 and section 9-229b, and may include, without limitation, 809 the following services: (1) Engineering; (2) inspectional and planning; 810 (3) economic development; (4) public safety; (5) emergency 811 management; (6) animal control; (7) land use management; (8) tourism 812 promotion; (9) social; (10) health; (11) education; (12) data management; 813 (13) regional sewerage; (14) housing; (15) computerized mapping; (16) 814 household hazardous waste collection; (17) recycling; (18) public facility 815 siting; (19) coordination of master planning; (20) vocational training and 816 development; (21) solid waste disposal; (22) fire protection; (23) regional 817 resource protection; (24) regional impact studies; and (25) 818 transportation. 819 Sec. 11. Section 4-66k of the general statutes is repealed and the 820 following is substituted in lieu thereof (Effective July 1, 2021): 821 (a) There is established an account to be known as the "regional 822 planning incentive account" which shall be a separate, nonlapsing 823 account within the General Fund. The account shall contain any moneys 824 required by law to be deposited in the account. Except as provided in 825 subsection [(d)] (e) of this section, moneys [,] in the account shall be 826 expended by the Secretary of the Office of Policy and Management [in 827 accordance with subsection (b) of this section] for the purposes of first 828 providing funding to regional planning organizations in accordance 829 with the provisions of subsections (b), [and] (c) and (d) of this section 830 and then to providing grants under the regional performance incentive 831 program established pursuant to section 4-124s, as amended by this act. 832 (b) For the fiscal year ending June 30, 2014, funds from the regional 833 planning incentive account shall be distributed to each regional 834 planning organization, as defined in section 4-124i, revision of 1958, 835 revised to January 1, 2013, in the amount of one hundred twenty-five 836 thousand dollars. Any regional council of governments that is 837 comprised of any two or more regional planning organizations that 838 voluntarily consolidate on or before December 31, 2013, shall receive an 839 additional payment in an amount equal to the amount the regional 840 planning organizations would have received if such regional planning 841 Governor's Bill No. 6448 LCO No. 3270 27 of 49 organizations had not voluntarily consolidated. 842 (c) [Beginning in the fiscal year] For the fiscal years ending June 30, 843 2015, [and annually thereafter] to June 30, 2021, inclusive, funds from 844 the regional planning incentive account shall be distributed to each 845 regional council of governments formed pursuant to section 4-124j, in 846 the amount of one hundred twenty-five thousand dollars plus fifty cents 847 per capita, using population information from the most recent federal 848 decennial census. Any regional council of governments that is 849 comprised of any two or more regional planning organizations, as 850 defined in section 4-124i, revision of 1958, revised to January 1, 2013, 851 that voluntarily consolidated on or before December 31, 2013, shall 852 receive a payment in the amount of one hundred twenty-five thousand 853 dollars for each such regional planning organization that voluntarily 854 consolidated on or before said date. 855 (d) (1) For the fiscal year ending June 30, 2022, and each fiscal year 856 thereafter, funds from the regional planning incentive account shall be 857 distributed to each regional council of governments formed pursuant to 858 section 4-124j, in the amount of one hundred twenty-five thousand 859 dollars plus an additional amount, which shall be based on a formula 860 determined by the secretary. 861 (2) Not later than July 1, 2021, and annually thereafter, each regional 862 council of governments shall submit to the secretary a proposal for 863 expenditure of the funds described in subdivision (1) of this subsection. 864 Such proposal may include, but need not be limited to, a description of 865 (A) functions, activities or services currently performed by the state or 866 municipalities that may be provided in a more efficient, cost-effective, 867 responsive or higher quality manner by such council, a regional 868 educational service center or similar regional entity, (B) anticipated cost 869 savings relating to the sharing of government services, including, but 870 not limited to, joint purchasing, (C) the standardization and alignment 871 of various regions of the state, or (D) any other initiatives that may 872 facilitate the delivery of services to the public in a more efficient, cost-873 effective, responsive or higher quality manner. 874 Governor's Bill No. 6448 LCO No. 3270 28 of 49 [(d)] (e) There is established a regionalization subaccount within the 875 regional planning incentive account. If the Connecticut Lottery 876 Corporation offers online its existing lottery draw games through the 877 corporation's Internet web site, online service or mobile application, the 878 revenue from such online offering that exceeds an amount equivalent to 879 the costs of the debt-free community college program under section 10a-880 174 shall be deposited in the subaccount, or, if such online offering is not 881 established, the amount provided under subsection (b) of section 364 of 882 public act 19-117 for regionalization initiatives shall be deposited in the 883 subaccount. Moneys in the subaccount shall be expended only for the 884 purposes recommended by the task force established under section 4-885 66s. 886 Sec. 12. Section 4-66r of the general statutes is repealed and the 887 following is substituted in lieu thereof (Effective July 1, 2021): 888 (a) For the fiscal [year] years ending June 30, 2018, [and each fiscal 889 year thereafter] and June 30, 2019, each regional council of governments 890 shall, within available appropriations, receive a grant-in-aid to be 891 known as a regional services grant, the amount of which shall be based 892 on a formula to be determined by the Secretary of the Office of Policy 893 and Management. No such council shall receive a grant for the fiscal 894 year ending June 30, 2018, unless the secretary approves a spending plan 895 for such grant moneys submitted by such council to the secretary on or 896 before November 1, 2017. No such council shall receive a grant for the 897 fiscal year ending June 30, 2019, [or any fiscal year thereafter,] unless the 898 secretary approves a spending plan for such grant moneys submitted by 899 such council to the secretary on or before July 1, 2018. [, and annually 900 thereafter.] 901 (b) Notwithstanding the provisions of section 29 of public act 19-117, 902 for the fiscal year ending June 30, 2020, and each fiscal year thereafter, 903 each regional council of governments shall receive a grant-in-aid to be 904 known as a regional services grant, the amount of which shall be 905 determined pursuant to section 4-66k, as amended by this act. No such 906 council shall receive a grant for the fiscal year ending June 30, 2020, or 907 Governor's Bill No. 6448 LCO No. 3270 29 of 49 any fiscal year thereafter, unless the secretary approves a spending plan 908 for such grant moneys submitted by such council to the secretary on or 909 before July 1, 2019, and annually thereafter. 910 (c) Each regional council of governments shall use such grant funds 911 for planning purposes and to achieve efficiencies in the delivery of 912 municipal services, without diminishing the quality of such services. On 913 or before October 1, 2018, and annually thereafter, each regional council 914 of governments shall submit a report, in accordance with section 11-4a, 915 to the joint standing committees of the General Assembly having 916 cognizance of matters relating to planning and development and 917 finance, revenue and bonding, and to the secretary. Such report shall (1) 918 summarize the expenditure of such grant funds in the prior fiscal year, 919 (2) describe any regional program, project or initiative currently 920 provided or planned by the council, (3) review the performance of any 921 existing regional program, project or initiative relative to its initial goals 922 and objectives, (4) analyze the existing services provided by member 923 municipalities or by the state that, in the opinion of the council, could 924 be more effectively or efficiently provided on a regional basis, and (5) 925 provide recommendations for legislative action concerning potential 926 impediments to the regionalization of services. 927 Sec. 13. Section 4-66l of the general statutes is repealed and the 928 following is substituted in lieu thereof (Effective July 1, 2021): 929 (a) For the purposes of this section: 930 (1) "FY 15 mill rate" means the mill rate a municipality used during 931 the fiscal year ending June 30, 2015; 932 (2) "Mill rate" means, unless otherwise specified, the mill rate a 933 municipality uses to calculate tax bills for motor vehicles; 934 (3) "Municipality" means any town, city, consolidated town and city 935 or consolidated town and borough. "Municipality" includes a district for 936 the purposes of subdivision (1) of subsection (d) of this section; 937 Governor's Bill No. 6448 LCO No. 3270 30 of 49 (4) "Municipal spending" means: 938 T1 Municipal spending for the fiscal year prior to the current fiscal – Municipal spending for the fiscal year two years prior to the T2 T3 T4 T5 T6 year current year X 100 = Municipal spending; T7 _______________________________ T8 Municipal spending for the fiscal T9 year two years prior to the T10 current year (5) "Per capita distribution" means: 939 T11 Municipal population T12 X Sales tax revenue = Per capita distribution T13 Total state population (6) "Pro rata distribution" means: 940 T14 Municipal weighted mill rate calculation X Sales tax revenue = Pro rata distribution; T15 T16 ___________________ T17 Sum of all municipal weighted mill rate calculations combined T18 T19 (7) "Regional council of governments" means any such council 941 organized under the provisions of sections 4-124i to 4-124p, inclusive; 942 (8) "Municipal population" means the number of persons in a 943 municipality according to the most recent estimate of the Department of 944 Public Health; 945 (9) "Total state population" means the number of persons in this state 946 Governor's Bill No. 6448 LCO No. 3270 31 of 49 according to the most recent estimate published by the Department of 947 Public Health; 948 (10) "Weighted mill rate" means a municipality's FY 15 mill rate 949 divided by the average of all municipalities' FY 15 mill rate; 950 (11) "Weighted mill rate calculation" means per capita distribution 951 multiplied by a municipality's weighted mill rate; 952 (12) "Sales tax revenue" means the moneys in the account remaining 953 for distribution pursuant to subdivision (7) of subsection (b) of this 954 section; 955 (13) "District" means any district, as defined in section 7-324; and 956 (14) "Secretary" means the Secretary of the Office of Policy and 957 Management. 958 (b) There is established an account to be known as the "municipal 959 revenue sharing account" which shall be a separate, nonlapsing account 960 within the General Fund. The account shall contain any moneys 961 required by law to be deposited in the account. The secretary shall set 962 aside and ensure availability of moneys in the account in the following 963 order of priority and shall transfer or disburse such moneys as follows: 964 (1) Ten million dollars for the fiscal year ending June 30, 2016, shall 965 be transferred not later than April fifteenth for the purposes of grants 966 under section 10-262h; 967 (2) For the fiscal year ending June 30, 2018, and each fiscal year 968 thereafter, moneys sufficient to make motor vehicle property tax grants 969 payable to municipalities pursuant to subsection (c) of this section shall 970 be expended not later than August first annually by the secretary; 971 (3) For the fiscal year ending June 30, 2018, and each fiscal year 972 thereafter, moneys sufficient to make the grants payable from the select 973 payment in lieu of taxes grant account established pursuant to section 974 12-18c shall annually be transferred to the select payment in lieu of taxes 975 Governor's Bill No. 6448 LCO No. 3270 32 of 49 account in the Office of Policy and Management; 976 (4) For the fiscal years ending June 30, 2018, and June 30, 2019, 977 moneys sufficient to make the municipal revenue sharing grants 978 payable to municipalities pursuant to subdivision (2) of subsection (d) 979 of this section shall be expended not later than October thirty-first 980 annually by the secretary; 981 [(5) For the fiscal year ending June 30, 2018, and each fiscal year 982 thereafter, seven million dollars shall be expended for the purposes of 983 the regional services grants pursuant to subsection (e) of this section to 984 the regional councils of governments;] 985 [(6)] (5) For the fiscal year ending June 30, 2018, and each fiscal year 986 thereafter, moneys may be expended for the purpose of supplemental 987 motor vehicle property tax grants pursuant to subsection (c) of this 988 section; and 989 [(7)] (6) For the fiscal year ending June 30, 2020, and each fiscal year 990 thereafter, moneys in the account remaining shall be expended annually 991 by the secretary for the purposes of the municipal revenue sharing 992 grants established pursuant to subsection [(f)] (e) of this section. Any 993 such moneys deposited in the account for municipal revenue sharing 994 grants between October first and June thirtieth shall be distributed to 995 municipalities on the following October first and any such moneys 996 deposited in the account between July first and September thirtieth shall 997 be distributed to municipalities on the following January thirty-first. 998 Any municipality may apply to the Office of Policy and Management 999 on or after July first for early disbursement of a portion of such grant. 1000 The Office of Policy and Management may approve such an application 1001 if it finds that early disbursement is required in order for a municipality 1002 to meet its cash flow needs. No early disbursement approved by said 1003 office may be issued later than September thirtieth. 1004 (c) (1) For the fiscal year ending June 30, 2018, motor vehicle property 1005 tax grants to municipalities that impose mill rates on real property and 1006 personal property other than motor vehicles greater than 39 mills or 1007 Governor's Bill No. 6448 LCO No. 3270 33 of 49 that, when combined with the mill rate of any district located within the 1008 municipality, impose mill rates greater than 39 mills, shall be made in 1009 an amount equal to the difference between the amount of property taxes 1010 levied by the municipality and any district located within the 1011 municipality on motor vehicles for the assessment year commencing 1012 October 1, 2013, and the amount such levy would have been if the mill 1013 rate on motor vehicles for said assessment year was 39 mills. 1014 (2) For the fiscal year ending June 30, 2020, and each fiscal year 1015 thereafter, motor vehicle property tax grants to municipalities that 1016 impose mill rates on real property and personal property other than 1017 motor vehicles greater than 45 mills or that, when combined with the 1018 mill rate of any district located within the municipality, impose mill 1019 rates greater than 45 mills, shall be made in an amount equal to the 1020 difference between the amount of property taxes levied by the 1021 municipality and any district located within the municipality on motor 1022 vehicles for the assessment year commencing October 1, 2016, and the 1023 amount such levy would have been if the mill rate on motor vehicles for 1024 said assessment year was 45 mills. 1025 (3) For the fiscal year ending June 30, 2018, any municipality that 1026 imposed a mill rate for real and personal property of more than 39 mills 1027 during the fiscal year ending June 30, 2017, and effected a revaluation of 1028 real property for the 2014 or 2015 assessment year that resulted in an 1029 increase of 4 or more mills over the prior mill rate, may apply to the 1030 Office of Policy and Management for a supplemental motor vehicle 1031 property tax grant. The Office of Policy and Management may approve 1032 such an application, within available funds, provided such 1033 supplemental grant does not reduce any amount payable to any other 1034 municipality. 1035 (4) Not later than fifteen calendar days after receiving a property tax 1036 grant pursuant to this section, the municipality shall disburse to any 1037 district located within the municipality the amount of any such property 1038 tax grant that is attributable to the district. 1039 Governor's Bill No. 6448 LCO No. 3270 34 of 49 [(d) (1) For the fiscal year ending June 30, 2017, each municipality 1040 shall receive a municipal revenue sharing grant, which shall be payable 1041 August 1, 2016, from the Municipal Revenue Sharing Fund established 1042 in section 4-66p. The total amount of the grant payable is as follows: 1043 T20 Municipality Grant Amount T21 Andover 66,705 T22 Ansonia 605,442 T23 Ashford 87,248 T24 Avon 374,711 T25 Barkhamsted 76,324 T26 Beacon Falls 123,341 T27 Berlin 843,048 T28 Bethany 114,329 T29 Bethel 392,605 T30 Bethlehem 42,762 T31 Bloomfield 438,458 T32 Bolton 106,449 T33 Bozrah 53,783 T34 Branford 570,402 T35 Bridgeport 14,476,283 T36 Bridgewater 15,670 T37 Bristol 1,276,119 T38 Brookfield 343,611 T39 Brooklyn 103,910 T40 Burlington 193,490 T41 Canaan 14,793 T42 Canterbury 58,684 T43 Canton 211,078 T44 Chaplin 48,563 T45 Cheshire 594,084 T46 Chester 57,736 T47 Clinton 268,611 T48 Colchester 330,363 T49 Colebrook 29,694 Governor's Bill No. 6448 LCO No. 3270 35 of 49 T50 Columbia 111,276 T51 Cornwall 11,269 T52 Coventry 252,939 T53 Cromwell 288,951 T54 Danbury 2,079,675 T55 Darien 171,485 T56 Deep River 93,525 T57 Derby 462,718 T58 Durham 150,019 T59 East Granby 106,222 T60 East Haddam 186,418 T61 East Hampton 263,149 T62 East Hartford 3,877,281 T63 East Haven 593,493 T64 East Lyme 243,736 T65 East Windsor 232,457 T66 Eastford 23,060 T67 Easton 155,216 T68 Ellington 321,722 T69 Enfield 911,974 T70 Essex 74,572 T71 Fairfield 795,318 T72 Farmington 335,287 T73 Franklin 26,309 T74 Glastonbury 754,546 T75 Goshen 30,286 T76 Granby 244,839 T77 Greenwich 366,588 T78 Griswold 243,727 T79 Groton 433,177 T80 Guilford 456,863 T81 Haddam 170,440 T82 Hamden 4,491,337 T83 Hampton 38,070 T84 Hartford 13,908,437 Governor's Bill No. 6448 LCO No. 3270 36 of 49 T85 Hartland 27,964 T86 Harwinton 113,987 T87 Hebron 208,666 T88 Kent 26,808 T89 Killingly 351,213 T90 Killingworth 85,270 T91 Lebanon 149,163 T92 Ledyard 307,619 T93 Lisbon 45,413 T94 Litchfield 169,828 T95 Lyme 21,862 T96 Madison 372,897 T97 Manchester 1,972,491 T98 Mansfield 525,280 T99 Marlborough 131,065 T100 Meriden 1,315,347 T101 Middlebury 154,299 T102 Middlefield 91,372 T103 Middletown 964,657 T104 Milford 1,880,830 T105 Monroe 404,221 T106 Montville 401,756 T107 Morris 28,110 T108 Naugatuck 2,405,660 T109 New Britain 5,781,991 T110 New Canaan 168,106 T111 New Fairfield 288,278 T112 New Hartford 140,338 T113 New Haven 2,118,290 T114 New London 750,249 T115 New Milford 565,898 T116 Newington 651,000 T117 Newtown 572,949 T118 Norfolk 20,141 T119 North Branford 292,517 Governor's Bill No. 6448 LCO No. 3270 37 of 49 T120 North Canaan 66,052 T121 North Haven 487,882 T122 North Stonington 107,832 T123 Norwalk 3,401,590 T124 Norwich 1,309,943 T125 Old Lyme 79,946 T126 Old Saybrook 101,527 T127 Orange 284,365 T128 Oxford 171,492 T129 Plainfield 310,350 T130 Plainville 363,176 T131 Plymouth 255,581 T132 Pomfret 54,257 T133 Portland 192,715 T134 Preston 58,934 T135 Prospect 197,097 T136 Putnam 76,399 T137 Redding 189,781 T138 Ridgefield 512,848 T139 Rocky Hill 405,872 T140 Roxbury 15,998 T141 Salem 85,617 T142 Salisbury 20,769 T143 Scotland 36,200 T144 Seymour 343,388 T145 Sharon 19,467 T146 Shelton 706,038 T147 Sherman 39,000 T148 Simsbury 567,460 T149 Somers 141,697 T150 South Windsor 558,715 T151 Southbury 404,731 T152 Southington 889,821 T153 Sprague 89,456 T154 Stafford 243,095 Governor's Bill No. 6448 LCO No. 3270 38 of 49 T155 Stamford 2,372,358 T156 Sterling 77,037 T157 Stonington 202,888 T158 Stratford 1,130,316 T159 Suffield 321,763 T160 Thomaston 158,888 T161 Thompson 114,582 T162 Tolland 303,971 T163 Torrington 2,435,109 T164 Trumbull 745,325 T165 Union 17,283 T166 Vernon 641,027 T167 Voluntown 33,914 T168 Wallingford 919,984 T169 Warren 11,006 T170 Washington 25,496 T171 Waterbury 13,438,542 T172 Waterford 259,091 T173 Watertown 453,012 T174 West Hartford 1,614,320 T175 West Haven 1,121,850 T176 Westbrook 80,601 T177 Weston 211,384 T178 Westport 262,402 T179 Wethersfield 940,267 T180 Willington 121,568 T181 Wilton 380,234 T182 Winchester 224,447 T183 Windham 513,847 T184 Windsor 593,921 T185 Windsor Locks 256,241 T186 Wolcott 340,859 T187 Woodbridge 247,758 T188 Woodbury 200,175 T189 Woodstock 97,708 Governor's Bill No. 6448 LCO No. 3270 39 of 49 T190 Borough of Danielson - T191 Borough of Litchfield - T192 Bloomfield, Blue Hills FD 92,961 T193 Enfield Thompsonville FD #2 354,311 T194 Manchester - Eighth Utility District 436,718 T195 Middletown - City Fire 910,442 T196 Middletown So Fire 413,961 T197 Norwich CCD 552,565 T198 Norwich TCD 62,849 T199 Simsbury FD 221,536 T200 Plainfield Fire District - T201 Windham, Special Service District #2 640,000 T202 Windham 1st Taxing District - T203 Windham First T204 West Haven First Center (D1) 1,039,843 T205 West Haven: Allingtown FD (D3) 483,505 T206 West Haven: West Shore FD (D2) 654,640 (2) For the fiscal years ending June 30, 2018, and June 30, 2019, each 1044 municipality shall receive a municipal sharing grant payable not later 1045 than October thirty-first of each year. The total amount of the grant 1046 payable is as follows: 1047 T207 Municipality Grant Amount T208 Andover 96,020 T209 Ansonia 643,519 T210 Ashford 125,591 T211 Avon 539,387 T212 Barkhamsted 109,867 T213 Beacon Falls 177,547 T214 Berlin 1,213,548 T215 Bethany 164,574 T216 Bethel 565,146 T217 Bethlehem 61,554 T218 Bloomfield 631,150 Governor's Bill No. 6448 LCO No. 3270 40 of 49 T219 Bolton 153,231 T220 Bozrah 77,420 T221 Branford 821,080 T222 Bridgeport 9,758,441 T223 Bridgewater 22,557 T224 Bristol 1,836,944 T225 Brookfield 494,620 T226 Brooklyn 149,576 T227 Burlington 278,524 T228 Canaan 21,294 T229 Canterbury 84,475 T230 Canton 303,842 T231 Chaplin 69,906 T232 Cheshire 855,170 T233 Chester 83,109 T234 Clinton 386,660 T235 Colchester 475,551 T236 Colebrook 42,744 T237 Columbia 160,179 T238 Cornwall 16,221 T239 Coventry 364,100 T240 Cromwell 415,938 T241 Danbury 2,993,644 T242 Darien 246,849 T243 Deep River 134,627 T244 Derby 400,912 T245 Durham 215,949 T246 East Granby 152,904 T247 East Haddam 268,344 T248 East Hampton 378,798 T249 East Hartford 2,036,894 T250 East Haven 854,319 T251 East Lyme 350,852 T252 East Windsor 334,616 T253 Eastford 33,194 Governor's Bill No. 6448 LCO No. 3270 41 of 49 T254 Easton 223,430 T255 Ellington 463,112 T256 Enfield 1,312,766 T257 Essex 107,345 T258 Fairfield 1,144,842 T259 Farmington 482,637 T260 Franklin 37,871 T261 Glastonbury 1,086,151 T262 Goshen 43,596 T263 Granby 352,440 T264 Greenwich 527,695 T265 Griswold 350,840 T266 Groton 623,548 T267 Guilford 657,644 T268 Haddam 245,344 T269 Hamden 2,155,661 T270 Hampton 54,801 T271 Hartford 1,498,643 T272 Hartland 40,254 T273 Harwinton 164,081 T274 Hebron 300,369 T275 Kent 38,590 T276 Killingly 505,562 T277 Killingworth 122,744 T278 Lebanon 214,717 T279 Ledyard 442,811 T280 Lisbon 65,371 T281 Litchfield 244,464 T282 Lyme 31,470 T283 Madison 536,777 T284 Manchester 1,971,540 T285 Mansfield 756,128 T286 Marlborough 188,665 T287 Meriden 1,893,412 T288 Middlebury 222,109 Governor's Bill No. 6448 LCO No. 3270 42 of 49 T289 Middlefield 131,529 T290 Middletown 1,388,602 T291 Milford 2,707,412 T292 Monroe 581,867 T293 Montville 578,318 T294 Morris 40,463 T295 Naugatuck 1,251,980 T296 New Britain 3,131,893 T297 New Canaan 241,985 T298 New Fairfield 414,970 T299 New Hartford 202,014 T300 New Haven 114,863 T301 New London 917,228 T302 New Milford 814,597 T303 Newington 937,100 T304 Newtown 824,747 T305 Norfolk 28,993 T306 North Branford 421,072 T307 North Canaan 95,081 T308 North Haven 702,295 T309 North Stonington 155,222 T310 Norwalk 4,896,511 T311 Norwich 1,362,971 T312 Old Lyme 115,080 T313 Old Saybrook 146,146 T314 Orange 409,337 T315 Oxford 246,859 T316 Plainfield 446,742 T317 Plainville 522,783 T318 Plymouth 367,902 T319 Pomfret 78,101 T320 Portland 277,409 T321 Preston 84,835 T322 Prospect 283,717 T323 Putnam 109,975 Governor's Bill No. 6448 LCO No. 3270 43 of 49 T324 Redding 273,185 T325 Ridgefield 738,233 T326 Rocky Hill 584,244 T327 Roxbury 23,029 T328 Salem 123,244 T329 Salisbury 29,897 T330 Scotland 52,109 T331 Seymour 494,298 T332 Sharon 28,022 T333 Shelton 1,016,326 T334 Sherman 56,139 T335 Simsbury 775,368 T336 Somers 203,969 T337 South Windsor 804,258 T338 Southbury 582,601 T339 Southington 1,280,877 T340 Sprague 128,769 T341 Stafford 349,930 T342 Stamford 3,414,955 T343 Sterling 110,893 T344 Stonington 292,053 T345 Stratford 1,627,064 T346 Suffield 463,170 T347 Thomaston 228,716 T348 Thompson 164,939 T349 Tolland 437,559 T350 Torrington 1,133,394 T351 Trumbull 1,072,878 T352 Union 24,878 T353 Vernon 922,743 T354 Voluntown 48,818 T355 Wallingford 1,324,296 T356 Warren 15,842 T357 Washington 36,701 T358 Waterbury 5,595,448 Governor's Bill No. 6448 LCO No. 3270 44 of 49 T359 Waterford 372,956 T360 Watertown 652,100 T361 West Hartford 2,075,223 T362 West Haven 1,614,877 T363 Westbrook 116,023 T364 Weston 304,282 T365 Westport 377,722 T366 Wethersfield 1,353,493 T367 Willington 174,995 T368 Wilton 547,338 T369 Winchester 323,087 T370 Windham 739,671 T371 Windsor 854,935 T372 Windsor Locks 368,853 T373 Wolcott 490,659 T374 Woodbridge 274,418 T375 Woodbury 288,147 T376 Woodstock 140,648] [(e) For the fiscal year ending June 30, 2017, and each fiscal year 1048 thereafter, each regional council of governments shall receive a regional 1049 services grant, the amount of which will be based on a formula to be 1050 determined by the secretary, except that, for the fiscal year ending June 1051 30, 2018, and each fiscal year thereafter, thirty-five per cent of such grant 1052 moneys shall be awarded to regional councils of governments for the 1053 purpose of assisting regional education service centers in merging their 1054 human resource, finance or technology services with such services 1055 provided by municipalities within the region. For the fiscal year ending 1056 June 30, 2017, three million dollars shall be expended by the secretary 1057 from the Municipal Revenue Sharing Fund established in section 4-66p 1058 for the purpose of the regional services grant. No such council shall 1059 receive a grant for the fiscal year ending June 30, 2018, or any fiscal year 1060 thereafter, unless the secretary approves a spending plan for such grant 1061 moneys submitted by such council to the secretary on or before July 1, 1062 2017, and annually thereafter. The regional councils of governments 1063 Governor's Bill No. 6448 LCO No. 3270 45 of 49 shall use such grants for planning purposes and to achieve efficiencies 1064 in the delivery of municipal services by regionalizing such services, 1065 including, but not limited to, region-wide consolidation of such services. 1066 Such efficiencies shall not diminish the quality of such services. A 1067 unanimous vote of the representatives of such council shall be required 1068 for approval of any expenditure from such grant. On or before October 1069 1, 2017, and biennially thereafter, each such council shall submit a 1070 report, in accordance with section 11-4a, to the joint standing 1071 committees of the General Assembly having cognizance of matters 1072 relating to planning and development and finance, revenue and 1073 bonding. Such report shall summarize the expenditure of such grants 1074 and provide recommendations concerning the expansion, reduction or 1075 modification of such grants.] 1076 [(f)] (d) For the fiscal year ending June 30, 2020, and each fiscal year 1077 thereafter, each municipality shall receive a municipal revenue sharing 1078 grant as follows: 1079 (1) (A) A municipality having a mill rate at or above twenty-five shall 1080 receive the per capita distribution or pro rata distribution, whichever is 1081 higher for such municipality. 1082 (B) Such grants shall be increased by a percentage calculated as 1083 follows: 1084 T377 Sum of per capita distribution amount T378 for all municipalities having a mill rate T379 below twenty-five – pro rata distribution T380 amount for all municipalities T381 having a mill rate below twenty-five T382 _______________________________________ T383 Sum of all grants to municipalities T384 calculated pursuant to subparagraph (A) T385 of subdivision (1) of this subsection. (C) Notwithstanding the provisions of subparagraphs (A) and (B) of 1085 this subdivision, Hartford shall receive not more than 5.2 per cent of the 1086 Governor's Bill No. 6448 LCO No. 3270 46 of 49 municipal revenue sharing grants distributed pursuant to this 1087 subsection; Bridgeport shall receive not more than 4.5 per cent of the 1088 municipal revenue sharing grants distributed pursuant to this 1089 subsection; New Haven shall receive not more than 2.0 per cent of the 1090 municipal revenue sharing grants distributed pursuant to this 1091 subsection and Stamford shall receive not more than 2.8 per cent of the 1092 equalization grants distributed pursuant to this subsection. Any excess 1093 funds remaining after such reductions in payments to Hartford, 1094 Bridgeport, New Haven and Stamford shall be distributed to all other 1095 municipalities having a mill rate at or above twenty-five on a pro rata 1096 basis according to the payment they receive pursuant to this 1097 subdivision; and 1098 (2) A municipality having a mill rate below twenty-five shall receive 1099 the per capita distribution or pro rata distribution, whichever is less for 1100 such municipality. 1101 (3) For the purposes of this subsection, "mill rate" means the mill rate 1102 for real property and personal property other than motor vehicles. 1103 [(g)] (e) Except as provided in subsection (c) of this section, a 1104 municipality may disburse any municipal revenue sharing grant funds 1105 to a district within such municipality. 1106 [(h)] (f) (1) Except as provided in subdivision (2) of this subsection, 1107 for the fiscal year ending June 30, 2018, and each fiscal year thereafter, 1108 the amount of the grant payable to a municipality in any year in 1109 accordance with subsection (d) [or (f)] of this section shall be reduced if 1110 such municipality increases its adopted budget expenditures for such 1111 fiscal year above a cap equal to the amount of adopted budget 1112 expenditures authorized for the previous fiscal year by 2.5 per cent or 1113 more or the rate of inflation, whichever is greater. Such reduction shall 1114 be in an amount equal to fifty cents for every dollar expended over the 1115 cap set forth in this subsection. For the purposes of this section, (A) 1116 "municipal spending" does not include expenditures for debt service, 1117 special education, implementation of court orders or arbitration awards, 1118 Governor's Bill No. 6448 LCO No. 3270 47 of 49 expenditures associated with a major disaster or emergency declaration 1119 by the President of the United States, a disaster emergency declaration 1120 issued by the Governor pursuant to chapter 517 or any disbursement 1121 made to a district pursuant to subsection (c) or [(g)] (e) of this section, 1122 budgeting for an audited deficit, nonrecurring grants, capital 1123 expenditures or payments on unfunded pension liabilities, (B) "adopted 1124 budget expenditures" includes expenditures from a municipality's 1125 general fund and expenditures from any nonbudgeted funds, and (C) 1126 "capital expenditure" means a nonrecurring capital expenditure of one 1127 hundred thousand dollars or more. Each municipality shall annually 1128 certify to the secretary, on a form prescribed by said secretary, whether 1129 such municipality has exceeded the cap set forth in this subsection and 1130 if so the amount by which the cap was exceeded. 1131 (2) For the fiscal year ending June 30, 2018, and each fiscal year 1132 thereafter, the amount of the grant payable to a municipality in any year 1133 in accordance with subsection (d) or [(f)] (e) of this section shall not be 1134 reduced in the case of a municipality whose adopted budget 1135 expenditures exceed the cap set forth in subdivision (1) of this 1136 subsection by an amount proportionate to any increase to its municipal 1137 population from the previous fiscal year, as determined by the secretary. 1138 [(i)] (g) For the fiscal year ending June 30, 2020, and each fiscal year 1139 thereafter, the amount of the grant payable to a municipality in any year 1140 in accordance with subsection [(f)] (d) of this section shall be reduced 1141 proportionately in the event that the total of such grants in such year 1142 exceeds the amount available for such grants in the municipal revenue 1143 sharing account established pursuant to subsection (b) of this section. 1144 Sec. 14. (NEW) (Effective July 1, 2021) (a) For the purposes of this 1145 section, "food establishment" means a food establishment that is 1146 licensed or permitted to operate pursuant to section 19a-36i of the 1147 general statutes, and "municipality" has the same meaning as provided 1148 in section 8-1a of the general statutes. 1149 (b) Notwithstanding any provision of the general statutes, special act, 1150 Governor's Bill No. 6448 LCO No. 3270 48 of 49 municipal charter or ordinance, the zoning commission of each 1151 municipality shall allow any licensee or permittee of a food 1152 establishment operating in such municipality to engage in outdoor food 1153 and beverage service as an accessory use of such food establishment's 1154 permitted use. Such accessory use shall be allowed as of right, subject 1155 only to any required administrative site plan review to determine 1156 conformance with zoning requirements not contemplated by this 1157 section. 1158 (c) Any such licensee or permittee may engage in outdoor food and 1159 beverage service (1) on public sidewalks and other pedestrian pathways 1160 abutting the area permitted for principal use and on which vehicular 1161 access is not allowed, (A) provided a pathway the length of the lot upon 1162 which the area permitted for principal use is located, and not less than 1163 six feet in width, not including any area on a street or highway, shall 1164 remain unobstructed for pedestrian use, and (B) subject to reasonable 1165 conditions imposed by the municipal official or agency that issues right-1166 of-way or obstruction permits; (2) on off-street parking spaces 1167 associated with the permitted use, notwithstanding any municipal 1168 ordinance establishing minimum requirements for off-street parking; (3) 1169 on any lot, yard, court or open space abutting the area permitted for 1170 principal use, provided (A) such lot, yard, court or open space is located 1171 in a zoning district where the operation of food establishments is 1172 permitted, and (B) the licensee or permittee obtains written 1173 authorization to engage in such service from the owner of such lot, yard, 1174 court or open space and provides a copy of such authorization to the 1175 zoning commission; and (4) until 9 o'clock p.m., or a time established by 1176 the zoning regulations of the municipality, whichever is later. 1177 Sec. 15. Subsection (a) of section 32-37 of the general statutes is 1178 repealed and the following is substituted in lieu thereof (Effective July 1, 1179 2021): 1180 (a) The powers of the corporation shall be vested in and exercised by 1181 the board of directors. Eight members of the board shall constitute a 1182 quorum and the affirmative vote of a majority of the members present 1183 Governor's Bill No. 6448 LCO No. 3270 49 of 49 at a meeting of the board shall be necessary and sufficient for any action 1184 taken by the board. No vacancy in the membership of the board shall 1185 impair the right of a quorum to exercise all the rights and perform all 1186 the duties of the board. Any action taken by the board may be 1187 authorized by resolution at any regular or special meeting and shall take 1188 effect immediately unless otherwise provided in the resolution. Notice 1189 of any regular meeting shall be given in writing, by telephone or orally, 1190 not less than forty-eight hours prior to the meeting. Notice of any special 1191 meeting shall be given in accordance with subsection [(d)] (e) of section 1192 1-225, as amended by this act.1193 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2021 1-200 Sec. 2 July 1, 2021 1-206 Sec. 3 July 1, 2021 1-225 Sec. 4 July 1, 2021 1-226 Sec. 5 July 1, 2021 1-227 Sec. 6 July 1, 2021 1-228 Sec. 7 July 1, 2021 7-7 Sec. 8 July 1, 2021 7-8 Sec. 9 from passage 4-124s Sec. 10 from passage 8-31b(b) Sec. 11 July 1, 2021 4-66k Sec. 12 July 1, 2021 4-66r Sec. 13 July 1, 2021 4-66l Sec. 14 July 1, 2021 New section Sec. 15 July 1, 2021 32-37(a) Statement of Purpose: To implement the Governor's budget recommendations. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]