Connecticut 2021 Regular Session

Connecticut House Bill HB06448 Compare Versions

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77 General Assembly Substitute Bill No. 6448
88 January Session, 2021
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1414 AN ACT CONCERNING AC CESS TO LOCAL GOVERN MENT, THE
1515 MODERNIZATION OF LOC AL GOVERNMENT OPERAT IONS,
1616 REGIONAL COUNCILS OF GOVERNMENT AND THE PROVISION OF
1717 OUTDOOR DINING.
1818 Be it enacted by the Senate and House of Representatives in General
1919 Assembly convened:
2020
2121 Section 1. Section 1-200 of the general statutes is repealed and the 1
2222 following is substituted in lieu thereof (Effective July 1, 2021): 2
2323 As used in this chapter, the following words and phrases shall have 3
2424 the following meanings, except where such terms are used in a context 4
2525 which clearly indicates the contrary: 5
2626 (1) "Public agency" or "agency" means: 6
2727 (A) Any executive, administrative or legislative office of the state or 7
2828 any political subdivision of the state and any state or town agency, any 8
2929 department, institution, bureau, board, commission, authority or official 9
3030 of the state or of any city, town, borough, municipal corporation, school 10
3131 district, regional district or other district or other political subdivision of 11
3232 the state, including any committee of, or created by, any such office, 12
3333 subdivision, agency, department, institution, bureau, board, 13
3434 commission, authority or official, and also includes any judicial office, 14
3535 official, or body or committee thereof but only with respect to its or their 15 Substitute Bill No. 6448
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4242 administrative functions, and for purposes of this subparagraph, 16
4343 "judicial office" includes, but is not limited to, the Division of Public 17
4444 Defender Services; 18
4545 (B) Any person to the extent such person is deemed to be the 19
4646 functional equivalent of a public agency pursuant to law; or 20
4747 (C) Any "implementing agency", as defined in section 32-222. 21
4848 (2) "Meeting" means any hearing or other proceeding of a public 22
4949 agency, any convening or assembly of a quorum of a multimember 23
5050 public agency, and any communication by or to a quorum of a 24
5151 multimember public agency, whether in person or by means of 25
5252 electronic equipment, to discuss or act upon a matter over which the 26
5353 public agency has supervision, control, jurisdiction or advisory power. 27
5454 "Meeting" does not include: Any meeting of a personnel search 28
5555 committee for executive level employment candidates; any chance 29
5656 meeting, or a social meeting neither planned nor intended for the 30
5757 purpose of discussing matters relating to official business; strategy or 31
5858 negotiations with respect to collective bargaining; a caucus of members 32
5959 of a single political party notwithstanding that such members also 33
6060 constitute a quorum of a public agency; an administrative or staff 34
6161 meeting of a single-member public agency; and communication limited 35
6262 to notice of meetings of any public agency or the agendas thereof. A 36
6363 quorum of the members of a public agency who are present at any event 37
6464 which has been noticed and conducted as a meeting of another public 38
6565 agency under the provisions of the Freedom of Information Act shall not 39
6666 be deemed to be holding a meeting of the public agency of which they 40
6767 are members as a result of their presence at such event. 41
6868 (3) "Caucus" means (A) a convening or assembly of the enrolled 42
6969 members of a single political party who are members of a public agency 43
7070 within the state or a political subdivision, or (B) the members of a 44
7171 multimember public agency, which members constitute a majority of 45
7272 the membership of the agency, or the other members of the agency who 46
7373 constitute a minority of the membership of the agency, who register 47 Substitute Bill No. 6448
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8080 their intention to be considered a majority caucus or minority caucus, as 48
8181 the case may be, for the purposes of the Freedom of Information Act, 49
8282 provided (i) the registration is made with the office of the Secretary of 50
8383 the State for any such public agency of the state, in the office of the clerk 51
8484 of a political subdivision of the state for any public agency of a political 52
8585 subdivision of the state, or in the office of the clerk of each municipal 53
8686 member of any multitown district or agency, (ii) no member is 54
8787 registered in more than one caucus at any one time, (iii) no such 55
8888 member's registration is rescinded during the member's remaining term 56
8989 of office, and (iv) a member may remain a registered member of the 57
9090 majority caucus or minority caucus regardless of whether the member 58
9191 changes his or her party affiliation under chapter 143. 59
9292 (4) "Person" means natural person, partnership, corporation, limited 60
9393 liability company, association or society. 61
9494 (5) "Public records or files" means any recorded data or information 62
9595 relating to the conduct of the public's business prepared, owned, used, 63
9696 received or retained by a public agency, or to which a public agency is 64
9797 entitled to receive a copy by law or contract under section 1-218, 65
9898 whether such data or information be handwritten, typed, tape-recorded, 66
9999 videotaped, printed, photostated, photographed or recorded by any 67
100100 other method. 68
101101 (6) "Executive sessions" means a meeting of a public agency at which 69
102102 the public is excluded for one or more of the following purposes: (A) 70
103103 Discussion concerning the appointment, employment, performance, 71
104104 evaluation, health or dismissal of a public officer or employee, provided 72
105105 that such individual may require that discussion be held at an open 73
106106 meeting; (B) strategy and negotiations with respect to pending claims or 74
107107 pending litigation to which the public agency or a member thereof, 75
108108 because of the member's conduct as a member of such agency, is a party 76
109109 until such litigation or claim has been finally adjudicated or otherwise 77
110110 settled; (C) matters concerning security strategy or the deployment of 78
111111 security personnel, or devices affecting public security; (D) discussion 79
112112 of the selection of a site or the lease, sale or purchase of real estate by the 80 Substitute Bill No. 6448
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119119 state or a political subdivision of the state when publicity regarding such 81
120120 site, lease, sale, purchase or construction would adversely impact the 82
121121 price of such site, lease, sale, purchase or construction until such time as 83
122122 all of the property has been acquired or all proceedings or transactions 84
123123 concerning same have been terminated or abandoned; and (E) 85
124124 discussion of any matter which would result in the disclosure of public 86
125125 records or the information contained therein described in subsection (b) 87
126126 of section 1-210. 88
127127 (7) "Personnel search committee" means a body appointed by a public 89
128128 agency, whose sole purpose is to recommend to the appointing agency 90
129129 a candidate or candidates for an executive-level employment position. 91
130130 Members of a "personnel search committee" shall not be considered in 92
131131 determining whether there is a quorum of the appointing or any other 93
132132 public agency. 94
133133 (8) "Pending claim" means a written notice to an agency which sets 95
134134 forth a demand for legal relief or which asserts a legal right stating the 96
135135 intention to institute an action in an appropriate forum if such relief or 97
136136 right is not granted. 98
137137 (9) "Pending litigation" means (A) a written notice to an agency which 99
138138 sets forth a demand for legal relief or which asserts a legal right stating 100
139139 the intention to institute an action before a court if such relief or right is 101
140140 not granted by the agency; (B) the service of a complaint against an 102
141141 agency returnable to a court which seeks to enforce or implement legal 103
142142 relief or a legal right; or (C) the agency's consideration of action to 104
143143 enforce or implement legal relief or a legal right. 105
144144 (10) "Freedom of Information Act" means this chapter. 106
145145 (11) "Governmental function" means the administration or 107
146146 management of a program of a public agency, which program has been 108
147147 authorized by law to be administered or managed by a person, where 109
148148 (A) the person receives funding from the public agency for 110
149149 administering or managing the program, (B) the public agency is 111 Substitute Bill No. 6448
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156156 involved in or regulates to a significant extent such person's 112
157157 administration or management of the program, whether or not such 113
158158 involvement or regulation is direct, pervasive, continuous or day-to-114
159159 day, and (C) the person participates in the formulation of governmental 115
160160 policies or decisions in connection with the administration or 116
161161 management of the program and such policies or decisions bind the 117
162162 public agency. "Governmental function" shall not include the mere 118
163163 provision of goods or services to a public agency without the delegated 119
164164 responsibility to administer or manage a program of a public agency. 120
165165 (12) "Electronic equipment" means any technology that facilitates 121
166166 real-time public access to meetings, including, but not limited to, 122
167167 telephonic, video or other conferencing platforms. 123
168168 (13) "Electronic transmission" means any form or process of 124
169169 communication not directly involving the physical transfer of paper or 125
170170 another tangible medium, which (A) is capable of being retained, 126
171171 retrieved and reproduced by the recipient, and (B) is retrievable in paper 127
172172 form by the recipient. 128
173173 Sec. 2. Section 1-206 of the general statutes is repealed and the 129
174174 following is substituted in lieu thereof (Effective July 1, 2021): 130
175175 (a) Any denial of the right to inspect or copy records provided for 131
176176 under section 1-210 shall be made to the person requesting such right 132
177177 by the public agency official who has custody or control of the public 133
178178 record, in writing, within four business days of such request, except 134
179179 when the request is determined to be subject to subsections (b) and (c) 135
180180 of section 1-214, in which case such denial shall be made, in writing, 136
181181 within ten business days of such request. Failure to comply with a 137
182182 request to so inspect or copy such public record within the applicable 138
183183 number of business days shall be deemed to be a denial. 139
184184 (b) (1) Any person denied the right to inspect or copy records under 140
185185 section 1-210 or wrongfully denied the right to attend any meeting of a 141
186186 public agency or denied any other right conferred by the Freedom of 142 Substitute Bill No. 6448
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193193 Information Act may appeal therefrom to the Freedom of Information 143
194194 Commission, by filing a notice of appeal with said commission. A notice 144
195195 of appeal shall be filed not later than thirty days after such denial, except 145
196196 in the case of an unnoticed or secret meeting, in which case the appeal 146
197197 shall be filed not later than thirty days after the person filing the appeal 147
198198 receives actual or constructive notice that such meeting was held. For 148
199199 purposes of this subsection, such notice of appeal shall be deemed to be 149
200200 filed on the date it is received by said commission or on the date it is 150
201201 postmarked, if received more than thirty days after the date of the denial 151
202202 from which such appeal is taken. Upon receipt of such notice, the 152
203203 commission shall serve upon all parties, by certified or registered mail 153
204204 or by electronic transmission, a copy of such notice together with any 154
205205 other notice or order of such commission. In the case of the denial of a 155
206206 request to inspect or copy records contained in a public employee's 156
207207 personnel or medical file or similar file under subsection (c) of section 1-157
208208 214, the commission shall include with its notice or order an order 158
209209 requiring the public agency to notify any employee whose records are 159
210210 the subject of an appeal, and the employee's collective bargaining 160
211211 representative, if any, of the commission's proceedings and, if any such 161
212212 employee or collective bargaining representative has filed an objection 162
213213 under said subsection (c), the agency shall provide the required notice 163
214214 to such employee and collective bargaining representative by certified 164
215215 mail, return receipt requested, electronic transmission or by hand 165
216216 delivery with a signed receipt. A public employee whose personnel or 166
217217 medical file or similar file is the subject of an appeal under this 167
218218 subsection may intervene as a party in the proceedings on the matter 168
219219 before the commission. Said commission shall, after due notice to the 169
220220 parties, hear and decide the appeal within one year after the filing of the 170
221221 notice of appeal. The commission shall adopt regulations in accordance 171
222222 with chapter 54, establishing criteria for those appeals which shall be 172
223223 privileged in their assignment for hearing. Any such appeal shall be 173
224224 heard not later than thirty days after receipt of a notice of appeal and 174
225225 decided not later than sixty days after the hearing. If a notice of appeal 175
226226 concerns an announced agency decision to meet in executive session or 176
227227 an ongoing agency practice of meeting in executive sessions, for a stated 177 Substitute Bill No. 6448
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234234 purpose, the commission or a member or members of the commission 178
235235 designated by its chairperson shall serve notice upon the parties in 179
236236 accordance with this section and hold a preliminary hearing on the 180
237237 appeal not later than seventy-two hours after receipt of the notice, 181
238238 provided such notice shall be given to the parties at least forty-eight 182
239239 hours prior to such hearing. During such preliminary hearing, the 183
240240 commission shall take evidence and receive testimony from the parties. 184
241241 If after the preliminary hearing the commission finds probable cause to 185
242242 believe that the agency decision or practice is in violation of sections 1-186
243243 200, as amended by this act, and 1-225, as amended by this act, the 187
244244 agency shall not meet in executive session for such purpose until the 188
245245 commission decides the appeal. If probable cause is found by the 189
246246 commission, it shall conduct a final hearing on the appeal and render its 190
247247 decision not later than five days after the completion of the preliminary 191
248248 hearing. Such decision shall specify the commission's findings of fact 192
249249 and conclusions of law. 193
250250 (2) In any appeal to the Freedom of Information Commission under 194
251251 subdivision (1) of this subsection or subsection (c) of this section, the 195
252252 commission may confirm the action of the agency or order the agency 196
253253 to provide relief that the commission, in its discretion, believes 197
254254 appropriate to rectify the denial of any right conferred by the Freedom 198
255255 of Information Act. The commission may declare null and void any 199
256256 action taken at any meeting which a person was denied the right to 200
257257 attend and may require the production or copying of any public record. 201
258258 In addition, upon the finding that a denial of any right created by the 202
259259 Freedom of Information Act was without reasonable grounds and after 203
260260 the custodian or other official directly responsible for the denial has 204
261261 been given an opportunity to be heard at a hearing conducted in 205
262262 accordance with sections 4-176e to 4-184, inclusive, the commission 206
263263 may, in its discretion, impose against the custodian or other official a 207
264264 civil penalty of not less than twenty dollars nor more than one thousand 208
265265 dollars. If the commission finds that a person has taken an appeal under 209
266266 this subsection frivolously, without reasonable grounds and solely for 210
267267 the purpose of harassing the agency from which the appeal has been 211 Substitute Bill No. 6448
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274274 taken, after such person has been given an opportunity to be heard at a 212
275275 hearing conducted in accordance with sections 4-176e to 4-184, 213
276276 inclusive, the commission may, in its discretion, impose against that 214
277277 person a civil penalty of not less than twenty dollars nor more than one 215
278278 thousand dollars. The commission shall notify a person of a penalty 216
279279 levied against him pursuant to this subsection by written notice sent by 217
280280 certified or registered mail or electronic transmission. If a person fails to 218
281281 pay the penalty within thirty days of receiving such notice, the Superior 219
282282 Court shall, on application of the commission, issue an order requiring 220
283283 the person to pay the penalty imposed. If the executive director of the 221
284284 commission has reason to believe an appeal under subdivision (1) of this 222
285285 subsection or subsection (c) of this section (A) presents a claim beyond 223
286286 the commission's jurisdiction; (B) would perpetrate an injustice; or (C) 224
287287 would constitute an abuse of the commission's administrative process, 225
288288 the executive director shall not schedule the appeal for hearing without 226
289289 first seeking and obtaining leave of the commission. The commission 227
290290 shall provide due notice to the parties and review affidavits and written 228
291291 argument that the parties may submit and grant or deny such leave 229
292292 summarily at its next regular meeting. The commission shall grant such 230
293293 leave unless it finds that the appeal: (i) Does not present a claim within 231
294294 the commission's jurisdiction; (ii) would perpetrate an injustice; or (iii) 232
295295 would constitute an abuse of the commission's administrative process. 233
296296 Any party aggrieved by the commission's denial of such leave may 234
297297 apply to the superior court for the judicial district of New Britain, within 235
298298 fifteen days of the commission meeting at which such leave was denied, 236
299299 for an order requiring the commission to hear such appeal. 237
300300 (3) In making the findings and determination under subdivision (2) 238
301301 of this subsection the commission shall consider the nature of any 239
302302 injustice or abuse of administrative process, including but not limited 240
303303 to: (A) The nature, content, language or subject matter of the request or 241
304304 the appeal, including, among other factors, whether the request or 242
305305 appeal is repetitious or cumulative; (B) the nature, content, language or 243
306306 subject matter of prior or contemporaneous requests or appeals by the 244
307307 person making the request or taking the appeal; (C) the nature, content, 245 Substitute Bill No. 6448
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314314 language or subject matter of other verbal and written communications 246
315315 to any agency or any official of any agency from the person making the 247
316316 request or taking the appeal; (D) any history of nonappearance at 248
317317 commission proceedings or disruption of the commission's 249
318318 administrative process, including, but not limited to, delaying 250
319319 commission proceedings; and (E) the refusal to participate in settlement 251
320320 conferences conducted by a commission ombudsman in accordance 252
321321 with the commission's regulations. 253
322322 (4) Notwithstanding any provision of this subsection to the contrary, 254
323323 in the case of an appeal to the commission of a denial by a public agency, 255
324324 the commission may, upon motion of such agency, confirm the action of 256
325325 the agency and dismiss the appeal without a hearing if it finds, after 257
326326 examining the notice of appeal and construing all allegations most 258
327327 favorably to the appellant, that (A) the agency has not violated the 259
328328 Freedom of Information Act, or (B) the agency has committed a technical 260
329329 violation of the Freedom of Information Act that constitutes a harmless 261
330330 error that does not infringe the appellant's rights under said act. 262
331331 (5) Notwithstanding any provision of this subsection, a public agency 263
332332 may petition the commission for relief from a requester that the public 264
333333 agency alleges is a vexatious requester. Such petition shall be sworn 265
334334 under penalty of false statement, as provided in section 53a-157b, and 266
335335 shall detail the conduct which the agency alleges demonstrates a 267
336336 vexatious history of requests, including, but not limited to: (A) The 268
337337 number of requests filed and the total number of pending requests; (B) 269
338338 the scope of the requests; (C) the nature, content, language or subject 270
339339 matter of the requests; (D) the nature, content, language or subject 271
340340 matter of other oral and written communications to the agency from the 272
341341 requester; and (E) a pattern of conduct that amounts to an abuse of the 273
342342 right to access information under the Freedom of Information Act or an 274
343343 interference with the operation of the agency. Upon receipt of such 275
344344 petition, the executive director of the commission shall review the 276
345345 petition and determine whether it warrants a hearing. If the executive 277
346346 director determines that a hearing is not warranted, the executive 278 Substitute Bill No. 6448
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353353 director shall recommend that the commission deny the petition 279
354354 without a hearing. The commission shall vote at its next regular meeting 280
355355 after such recommendation to accept or reject such recommendation 281
356356 and, after such meeting, shall issue a written explanation of the reasons 282
357357 for such acceptance or rejection. If the executive director determines that 283
358358 a hearing is warranted, the commission shall serve upon all parties, by 284
359359 certified or registered mail or electronic transmission, a copy of such 285
360360 petition together with any other notice or order of the commission. The 286
361361 commission shall, after due notice to the parties, hear and either grant 287
362362 or deny the petition within one year after its filing. Upon a grant of such 288
363363 petition, the commission may provide appropriate relief commensurate 289
364364 with the vexatious conduct, including, but not limited to, an order that 290
365365 the agency need not comply with future requests from the vexatious 291
366366 requester for a specified period of time, but not to exceed one year. Any 292
367367 party aggrieved by the commission's granting of such petition may 293
368368 apply to the superior court for the judicial district of New Britain, within 294
369369 fifteen days of the commission meeting at which such petition was 295
370370 granted, for an order reversing the commission's decision. 296
371371 (c) Any person who does not receive proper notice of any meeting of 297
372372 a public agency in accordance with the provisions of the Freedom of 298
373373 Information Act may appeal under the provisions of subsection (b) of 299
374374 this section. A public agency of the state shall be presumed to have given 300
375375 timely and proper notice of any meeting as provided for in said 301
376376 Freedom of Information Act if notice is given in the Connecticut Law 302
377377 Journal or a Legislative Bulletin. A public agency of a political 303
378378 subdivision shall be presumed to have given proper notice of any 304
379379 meeting, if a notice is timely sent under the provisions of said Freedom 305
380380 of Information Act by (1) first-class mail to the address, or (2) electronic 306
381381 transmission to the information processing system, as defined in section 307
382382 1-267, indicated in the request of the person requesting the same. If such 308
383383 commission determines that notice was improper, it may, in its sound 309
384384 discretion, declare any or all actions taken at such meeting null and 310
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392392 (d) Any party aggrieved by the decision of said commission may 312
393393 appeal therefrom, in accordance with the provisions of section 4-183. 313
394394 Notwithstanding the provisions of section 4-183, in any such appeal of 314
395395 a decision of the commission, the court may conduct an in camera 315
396396 review of the original or a certified copy of the records which are at issue 316
397397 in the appeal but were not included in the record of the commission's 317
398398 proceedings, admit the records into evidence and order the records to 318
399399 be sealed or inspected on such terms as the court deems fair and 319
400400 appropriate, during the appeal. The commission shall have standing to 320
401401 defend, prosecute or otherwise participate in any appeal of any of its 321
402402 decisions and to take an appeal from any judicial decision overturning 322
403403 or modifying a decision of the commission. If aggrievement is a 323
404404 jurisdictional prerequisite to the commission taking any such appeal, 324
405405 the commission shall be deemed to be aggrieved. Notwithstanding the 325
406406 provisions of section 3-125, legal counsel employed or retained by said 326
407407 commission shall represent said commission in all such appeals and in 327
408408 any other litigation affecting said commission. Notwithstanding the 328
409409 provisions of subsection (c) of section 4-183 and section 52-64, all process 329
410410 shall be served upon said commission at its office. Any appeal taken 330
411411 pursuant to this section shall be privileged in respect to its assignment 331
412412 for trial over all other actions except writs of habeas corpus and actions 332
413413 brought by or on behalf of the state, including informations on the 333
414414 relation of private individuals. Nothing in this section shall deprive any 334
415415 party of any rights he may have had at common law prior to January 1, 335
416416 1958. If the court finds that any appeal taken pursuant to this section or 336
417417 section 4-183 is frivolous or taken solely for the purpose of delay, it shall 337
418418 order the party responsible therefor to pay to the party injured by such 338
419419 frivolous or dilatory appeal costs or attorney's fees of not more than one 339
420420 thousand dollars. Such order shall be in addition to any other remedy 340
421421 or disciplinary action required or permitted by statute or by rules of 341
422422 court. 342
423423 (e) Within sixty days after the filing of a notice of appeal alleging 343
424424 violation of any right conferred by the Freedom of Information Act 344
425425 concerning records of the Department of Energy and Environmental 345 Substitute Bill No. 6448
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432432 Protection relating to the state's hazardous waste program under 346
433433 sections 22a-448 to 22a-454, inclusive, the Freedom of Information 347
434434 Commission shall, after notice to the parties, hear and decide the appeal. 348
435435 Failure by the commission to hear and decide the appeal within such 349
436436 sixty-day period shall constitute a final decision denying such appeal 350
437437 for purposes of this section and section 4-183. On appeal, the court may, 351
438438 in addition to any other powers conferred by law, order the disclosure 352
439439 of any such records withheld in violation of the Freedom of Information 353
440440 Act and may assess against the state reasonable attorney's fees and other 354
441441 litigation costs reasonably incurred in an appeal in which the 355
442442 complainant has prevailed against the Department of Energy and 356
443443 Environmental Protection. 357
444444 Sec. 3. Section 1-225 of the general statutes is repealed and the 358
445445 following is substituted in lieu thereof (Effective July 1, 2021): 359
446446 (a) The meetings of all public agencies, except executive sessions, as 360
447447 defined in subdivision (6) of section 1-200, as amended by this act, shall 361
448448 be open to the public and accessible to the public by means of electronic 362
449449 equipment. If two or more members of a public agency conduct a 363
450450 meeting in person, members of the public shall be permitted to attend 364
451451 such meeting in person. Any public agency that conducts a meeting, 365
452452 other than an executive session or emergency special meeting, as 366
453453 described in this section, solely by means of electronic equipment, shall 367
454454 provide any member of the public (1) upon written request submitted 368
455455 not less than twenty-four hours prior to such meeting, a physical 369
456456 location and any electronic equipment necessary to attend such meeting 370
457457 in real-time, and (2) the same opportunities to provide comment or 371
458458 testimony, vote and otherwise participate in such meeting that such 372
459459 member of the public would be accorded if such meeting were held in 373
460460 person. Nothing in this subsection shall be construed to require a public 374
461461 agency to offer members of the public who attend a meeting by means 375
462462 of electronic equipment the opportunity for public comment or 376
463463 testimony, voting or other participation if the provision of such 377
464464 opportunity is not required by law for members of the public who 378 Substitute Bill No. 6448
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471471 attend such a meeting in person. 379
472472 (b) The votes of each member of any such public agency upon any 380
473473 issue before such public agency shall be reduced to writing, [and] made 381
474474 available for public inspection within forty-eight hours and [shall also 382
475475 be] recorded in the minutes of the [session] meeting at which taken. Any 383
476476 vote taken at a meeting during which any member participates by 384
477477 means of electronic equipment shall be taken by roll call. Such minutes 385
478478 shall record a list of members that attended such meeting in person and 386
479479 a list of members that attended such meeting by means of electronic 387
480480 equipment. Not later than seven days after the date of the [session] 388
481481 meeting to which such minutes refer, such minutes shall be available for 389
482482 public inspection and posted on such public agency's Internet web site, 390
483483 if available, except that no public agency of a political subdivision of the 391
484484 state shall be required to post such minutes on an Internet web site. Each 392
485485 public agency shall make, keep and maintain a record of the 393
486486 proceedings of its meetings. 394
487487 [(b)] (c) Each such public agency of the state shall file not later than 395
488488 January thirty-first of each year in the office of the Secretary of the State 396
489489 the schedule of the regular meetings of such public agency for the 397
490490 ensuing year and shall post such schedule on such public agency's 398
491491 Internet web site, if available, except that such requirements shall not 399
492492 apply to the General Assembly, either house thereof or to any committee 400
493493 thereof. Any other provision of the Freedom of Information Act 401
494494 notwithstanding, the General Assembly at the commencement of each 402
495495 regular session in the odd-numbered years, shall adopt, as part of its 403
496496 joint rules, rules to provide notice to the public of its regular, special, 404
497497 emergency or interim committee meetings. The chairperson or secretary 405
498498 of any such public agency of any political subdivision of the state shall 406
499499 file, not later than January thirty-first of each year, with the clerk of such 407
500500 subdivision the schedule of regular meetings of such public agency for 408
501501 the ensuing year, and no such meeting of any such public agency shall 409
502502 be held sooner than thirty days after such schedule has been filed. The 410
503503 chief executive officer of any multitown district or agency shall file, not 411 Substitute Bill No. 6448
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510510 later than January thirty-first of each year, with the clerk of each 412
511511 municipal member of such district or agency, the schedule of regular 413
512512 meetings of such public agency for the ensuing year, and no such 414
513513 meeting of any such public agency shall be held sooner than thirty days 415
514514 after such schedule has been filed. 416
515515 [(c)] (d) The agenda of [the regular meetings of every] any regular 417
516516 meeting of a public agency, except for the General Assembly, shall be 418
517517 available to the public and shall be filed, not less than twenty-four hours 419
518518 before the [meetings] meeting to which [they refer,] it refers (1) in such 420
519519 agency's regular office or place of business, [and] (2) in the office and on 421
520520 the Internet web site of the Secretary of the State for any such public 422
521521 agency of the state, in the office of the clerk of such subdivision for any 423
522522 public agency of a political subdivision of the state or in the office of the 424
523523 clerk of each municipal member of any multitown district or agency, [. 425
524524 For any such public agency of the state, such agenda shall be posted on 426
525525 the public agency's and the Secretary of the State's web sites] and (3) on 427
526526 such public agency's Internet web site, if such public agency maintains 428
527527 an Internet web site. If such public agency maintains an Internet web 429
528528 site, not less than twenty-four hours before such meeting, such public 430
529529 agency shall post on its Internet web site (A) any records subject to 431
530530 disclosure pursuant to subsection (a) of section 1-210 that were prepared 432
531531 prior to the meeting by such public agency or any party to a matter on 433
532532 the meeting agenda that will be introduced by a member of such public 434
533533 agency or such public agency's staff during such meeting, including, but 435
534534 not limited to, applications before such public agency, and (B) 436
535535 instructions for the public to, by means of electronic equipment or in 437
536536 person, attend and provide comment, vote or otherwise participate in 438
537537 such meeting, as applicable. Upon the affirmative vote of two-thirds of 439
538538 the members of a public agency present and voting, any subsequent 440
539539 business not included in such filed [agendas] agenda may be considered 441
540540 and acted upon at such meetings. 442
541541 [(d)] (e) Notice of each special meeting of every public agency, except 443
542542 for the General Assembly, either house thereof or any committee 444 Substitute Bill No. 6448
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549549 thereof, shall be posted not less than twenty-four hours before the 445
550550 meeting to which such notice refers on the public agency's Internet web 446
551551 site, if available, and given not less than twenty-four hours prior to the 447
552552 time of such meeting by filing a notice of the time and place thereof in 448
553553 the office of the Secretary of the State for any such public agency of the 449
554554 state, in the office of the clerk of such subdivision for any public agency 450
555555 of a political subdivision of the state and in the office of the clerk of each 451
556556 municipal member for any multitown district or agency. The secretary 452
557557 or clerk shall cause any notice received under this section to be posted 453
558558 in his office. Such notice shall be given not less than twenty-four hours 454
559559 prior to the time of the special meeting; provided, in case of emergency, 455
560560 except for the General Assembly, either house thereof or any committee 456
561561 thereof, any such special meeting may be held without complying with 457
562562 the foregoing requirement for the filing of notice but a copy of the 458
563563 minutes of every such emergency special meeting adequately setting 459
564564 forth the nature of the emergency and the proceedings occurring at such 460
565565 meeting shall be filed with the Secretary of the State, the clerk of such 461
566566 political subdivision, or the clerk of each municipal member of such 462
567567 multitown district or agency, as the case may be, not later than seventy-463
568568 two hours following the holding of such meeting. The notice shall (1) 464
569569 specify the time and place of the special meeting, [and] (2) specify the 465
570570 business to be transacted, and (3) include instructions for the public to, 466
571571 by means of electronic equipment or in person, attend and provide 467
572572 comment, vote or otherwise participate in the special meeting, as 468
573573 applicable and permitted by law. Nothing in this subsection shall be 469
574574 construed to require a public agency to offer the opportunity for public 470
575575 comment or testimony, voting or other participation if the provision of 471
576576 such opportunity is not required by law. No other business shall be 472
577577 considered at such meetings by such public agency. In addition, such 473
578578 written notice shall be delivered by mail to the usual place of abode of 474
579579 or by electronic transmission to each member of the public agency so 475
580580 that the same is received prior to such special meeting. The requirement 476
581581 of delivery or transmission of such [written] notice may be dispensed 477
582582 with as to any member who at or prior to the time the meeting convenes 478
583583 files with the clerk or secretary of the public agency a written waiver of 479 Substitute Bill No. 6448
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590590 delivery or transmission of such notice. Such waiver may be given by 480
591591 [telegram] electronic transmission. The requirement of delivery or 481
592592 transmission of such [written] notice may also be dispensed with as to 482
593593 any member who is actually present at the meeting at the time it 483
594594 convenes. Nothing in this section shall be construed to prohibit any 484
595595 agency from adopting more stringent notice requirements. 485
596596 [(e)] (f) No member of the public shall be required, as a condition to 486
597597 attendance at a meeting of any such body, to register the member's 487
598598 name, or furnish other information, or complete a questionnaire or 488
599599 otherwise fulfill any condition precedent to the member's attendance, 489
600600 except in the event that a public agency determines that any such 490
601601 requirement is necessary to control public access to a meeting conducted 491
602602 by means of electronic equipment to ensure the orderly conduct of such 492
603603 meeting consistent with the provisions of section 1-232, as amended by 493
604604 this act. 494
605605 (g) Any member of a public agency or the public who participates 495
606606 orally in a meeting of a public agency conducted by means of electronic 496
607607 equipment shall make a good faith effort to state such member's name 497
608608 and title, if applicable, at the outset of each occasion that such member 498
609609 participates orally during an uninterrupted dialogue or series of 499
610610 questions and answers. 500
611611 [(f)] (h) A public agency may hold an executive session, as defined in 501
612612 subdivision (6) of section 1-200, as amended by this act, upon an 502
613613 affirmative vote of two-thirds of the members of such body present and 503
614614 voting, taken at a public meeting and stating the reasons for such 504
615615 executive session, as defined in section 1-200, as amended by this act. 505
616616 [(g)] (i) In determining the time within which or by when a notice, 506
617617 agenda, record of votes or minutes of a special meeting or an emergency 507
618618 special meeting are required to be filed under this section, Saturdays, 508
619619 Sundays, legal holidays and any day on which the office of the agency, 509
620620 the Secretary of the State or the clerk of the applicable political 510
621621 subdivision or the clerk of each municipal member of any multitown 511 Substitute Bill No. 6448
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628628 district or agency, as the case may be, is closed, shall be excluded. 512
629629 Sec. 4. Section 1-227 of the general statutes is repealed and the 513
630630 following is substituted in lieu thereof (Effective July 1, 2021): 514
631631 The public agency shall, where practicable, give notice by mail or 515
632632 electronic transmission of each regular meeting, and of any special 516
633633 meeting which is called, at least one week prior to the date set for the 517
634634 meeting, to any person who has filed a written request for such notice 518
635635 with such body, except that such body may give such notice as it deems 519
636636 practical of special meetings called less than seven days prior to the date 520
637637 set for the meeting. Such notice requirement shall not apply to the 521
638638 General Assembly, either house thereof or to any committee thereof. 522
639639 Any request for notice filed pursuant to this section shall be valid for 523
640640 one year from the date on which it is filed unless a renewal request is 524
641641 filed. Renewal requests for notice shall be filed within thirty days after 525
642642 January first of each year. Such public agency may establish a reasonable 526
643643 charge for sending such notice based on the estimated cost of providing 527
644644 such service. 528
645645 Sec. 5. Section 1-228 of the general statutes is repealed and the 529
646646 following is substituted in lieu thereof (Effective July 1, 2021): 530
647647 The public agency may adjourn any regular or special meeting to a 531
648648 time and place specified in the order of adjournment. Less than a 532
649649 quorum may so adjourn from time to time. If all members are absent 533
650650 from any regular meeting the clerk or the secretary of such body may 534
651651 declare the meeting adjourned to a stated time and place and shall cause 535
652652 a written notice of the adjournment to be given in the same manner as 536
653653 provided in section 1-225, as amended by this act, for special meetings, 537
654654 unless such notice is waived as provided for special meetings. A copy 538
655655 of the order or notice of adjournment shall be conspicuously posted on 539
656656 or near the door of the place where the regular or special meeting was 540
657657 held and on the Internet web site of the public agency, if applicable, 541
658658 within twenty-four hours after the time of the adjournment. When an 542
659659 order of adjournment of any meeting fails to state the hour at which the 543 Substitute Bill No. 6448
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666666 adjourned meeting is to be held, it shall be held at the hour specified for 544
667667 regular meetings, by ordinance, resolution, by law or other rule. 545
668668 Sec. 6. Section 7-7 of the general statutes is repealed and the following 546
669669 is substituted in lieu thereof (Effective January 1, 2022): 547
670670 All towns, when lawfully assembled for any purpose other than the 548
671671 election of town officers, and all societies and other municipal 549
672672 corporations when lawfully assembled, shall choose a moderator to 550
673673 preside at such meetings, unless otherwise provided by law; and, except 551
674674 as otherwise provided by law, all questions arising in such meetings 552
675675 shall be decided in accordance with standard parliamentary practice, 553
676676 and towns, societies and municipal corporations may, by ordinance, 554
677677 adopt rules of order for the conduct of their meetings. At any such town 555
678678 meeting the moderator shall be chosen from the last-completed registry 556
679679 list of such town. Two hundred or more persons or ten per cent of the 557
680680 total number qualified to vote in the meeting of a town or other 558
681681 municipal corporation, whichever is less, may petition the clerk or 559
682682 secretary of such town or municipal corporation, in writing, at least 560
683683 twenty-four hours prior to any such meeting, requesting that any item 561
684684 or items on the call of such meeting be submitted to the persons 562
685685 qualified to vote in such meeting not less than seven nor more than 563
686686 fourteen days thereafter, on a day to be set by the town meeting or, if 564
687687 the town meeting does not set a date, by the town selectmen, for a vote 565
688688 by paper ballots or by a "Yes" or "No" vote on the voting machines, 566
689689 during the hours between twelve o'clock noon and eight o'clock p.m.; 567
690690 but any municipality may, any provision of any special act to the 568
691691 contrary notwithstanding, by vote of its legislative body provide for an 569
692692 earlier hour for opening the polls but not earlier than six o'clock a.m. 570
693693 The selectmen of the town may, not less than five days prior to the day 571
694694 of any such meeting, on their own initiative, remove any item on the call 572
695695 of such meeting for submission to the voters in the manner provided by 573
696696 this section or may submit any item which, in the absence of such a vote, 574
697697 could properly come before such a meeting to the voters at a date set for 575
698698 such vote or along with any other vote the date of which has been 576 Substitute Bill No. 6448
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705705 previously set. The paper ballots or voting machine ballot labels [, as the 577
706706 case may be,] shall be provided by such clerk or secretary. When such a 578
707707 petition has been filed with such clerk or secretary, the moderator of 579
708708 such meeting, after completion of other business and after reasonable 580
709709 discussion, shall adjourn such meeting and order such vote on such item 581
710710 or items in accordance with the petition; and any item so voted may be 582
711711 rescinded in the same manner. If such moderator resigns or is for any 583
712712 other cause unable to serve as moderator at such adjourned meeting, 584
713713 such clerk or secretary shall serve, or may appoint an elector of such 585
714714 municipality to serve, as moderator of such adjourned meeting. Such 586
715715 clerk or secretary, as the case may be, shall phrase such item or items in 587
716716 a form suitable for printing on such paper ballots or ballot labels, or 588
717717 viewing, if such vote is taken by means of electronic equipment, as 589
718718 defined in section 1-200, as amended by this act, provided that the 590
719719 designation of any such item shall be in the form of a question, as 591
720720 prescribed under section 9-369. The vote on any item on the call of a 592
721721 town or other municipal corporation shall be taken by paper ballot if so 593
722722 voted at the meeting, if no petition has been filed under this section with 594
723723 reference to such item, except that any person attending the meeting by 595
724724 means of electronic equipment, as defined in section 1-200, as amended 596
725725 by this act, shall be permitted to vote by such means, provided the 597
726726 moderator, clerk or secretary is able to see and hear such person and 598
727727 authenticate that such person is eligible to vote pursuant to section 7-6. 599
728728 Sec. 7. Section 7-8 of the general statutes is repealed and the following 600
729729 is substituted in lieu thereof (Effective January 1, 2022): 601
730730 The moderator of any town meeting, and of any meeting of any 602
731731 society or other community lawfully assembled, may, when any 603
732732 disorder arises in the meeting and the offender refuses to submit to the 604
733733 moderator's lawful authority, order any proper officer to take the 605
734734 offender into custody and, if necessary, to remove the offender from 606
735735 such meeting until the offender conforms to order or, if need be, until 607
736736 such meeting is closed, and thereupon such officer shall have power to 608
737737 command all necessary assistance. Any person refusing to assist when 609 Substitute Bill No. 6448
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744744 commanded shall be liable to the same penalties as for refusing to assist 610
745745 constables in the execution of their duties; but no person commanded to 611
746746 assist shall be deprived of such person's right to act in the meeting, nor 612
747747 shall the offender be so deprived any longer than the offender refuses 613
748748 to conform to order. If such offender is attending such meeting by means 614
749749 of electronic equipment, as defined in section 1-200, as amended by this 615
750750 act, the moderator may terminate such offender's attendance by 616
751751 electronic equipment until such time as the offender conforms to order 617
752752 or, if need be, until such meeting is closed. 618
753753 Sec. 8. Section 1-232 of the general statutes is repealed and the 619
754754 following is substituted in lieu thereof (Effective January 1, 2022): 620
755755 In the event that any meeting of a public agency is interrupted by any 621
756756 person or group of persons so as to render the orderly conduct of such 622
757757 meeting unfeasible and order cannot be restored by the removal of 623
758758 individuals who are wilfully interrupting the meetings, the members of 624
759759 the agency conducting the meeting may order the meeting room cleared 625
760760 and continue in session. If such person or group of persons is attending 626
761761 such meeting by means of electronic equipment, as defined in section 1-627
762762 200, as amended by this act, the members of the public agency may 628
763763 terminate such person's or group of persons' attendance by electronic 629
764764 equipment until such time as such person or group of persons conforms 630
765765 to order or, if need be, until such meeting is closed. Only matters 631
766766 appearing on the agenda may be considered in such a session. Duly 632
767767 accredited representatives of the press or other news media, except 633
768768 those participating in the disturbance, shall be allowed to attend any 634
769769 session held pursuant to this section. Nothing in this section shall 635
770770 prohibit such public agency from establishing a procedure for 636
771771 readmitting an individual or individuals not responsible for wilfully 637
772772 disturbing the meeting. 638
773773 Sec. 9. Section 4-124s of the general statutes is repealed and the 639
774774 following is substituted in lieu thereof (Effective from passage): 640
775775 (a) For purposes of this section: 641 Substitute Bill No. 6448
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782782 (1) "Regional council of governments" means any such council 642
783783 organized under the provisions of sections 4-124i to 4-124p, inclusive; 643
784784 (2) "Municipality" means a town, city or consolidated town and 644
785785 borough; 645
786786 (3) "Legislative body" means the board of selectmen, town council, 646
787787 city council, board of alderman, board of directors, board of 647
788788 representatives or board of the warden and burgesses of a municipality; 648
789789 (4) "Secretary" means the Secretary of the Office of Policy and 649
790790 Management or the designee of the secretary; [and] 650
791791 (5) "Regional educational service center" has the same meaning as 651
792792 provided in section 10-282; [.] and 652
793793 (6) "Employee organization" means any lawful association, labor 653
794794 organization, federation or council having as a primary purpose the 654
795795 improvement of wages, hours and other conditions of employment. 655
796796 (b) There is established a regional performance incentive program 656
797797 that shall be administered by the Secretary of the Office of Policy and 657
798798 Management. [On or before December 31, 2011, and annually thereafter, 658
799799 any] Any regional council of governments, [any two or more 659
800800 municipalities acting through a regional council of governments, any 660
801801 economic development district, any] regional educational service center 661
802802 or [any] a combination thereof may submit a proposal to the secretary 662
803803 for: (1) The [joint] provision of any service that one or more participating 663
804804 municipalities of such council [,] or local or regional board of education 664
805805 of such regional educational service center [or agency] currently provide 665
806806 but which is not provided on a regional basis, (2) [a planning study 666
807807 regarding the joint provision of any service on a regional basis, or (3) 667
808808 shared information technology services] the redistribution of grants 668
809809 awarded pursuant to sections 4-66g, 4-66h, 4-66m and 7-536, according 669
810810 to regional priorities, or (3) regional revenue sharing among said 670
811811 participating municipalities pursuant to section 7-148bb. A copy of said 671
812812 proposal shall be sent to the legislators representing said participating 672 Substitute Bill No. 6448
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819819 municipalities or local or regional boards of education. Any [local or 673
820820 regional board of education or] regional educational service center 674
821821 serving a population greater than one hundred thousand may submit a 675
822822 proposal to the secretary for a regional special education initiative. 676
823823 (c) (1) A regional council of governments [, an economic development 677
824824 district, a] or regional educational service center [or a local or regional 678
825825 board of education] shall submit each proposal in the form and manner 679
826826 the secretary prescribes and shall, at a minimum, provide the following 680
827827 information for each proposal: (A) Service or initiative description; (B) 681
828828 the explanation of the need for such service or initiative; (C) the method 682
829829 of delivering such service or initiative on a regional basis; (D) the 683
830830 organization that would be responsible for regional service or initiative 684
831831 delivery; (E) a description of the population that would be served; (F) 685
832832 the manner in which the proposed regional service or initiative delivery 686
833833 will achieve economies of scale for participating municipalities or 687
834834 boards of education; (G) the amount by which participating 688
835835 municipalities will reduce their mill rates as a result of savings realized; 689
836836 (H) a cost benefit analysis for the provision of the service or initiative by 690
837837 each participating municipality and by the entity or board of education 691
838838 submitting the proposal; (I) a plan of implementation for delivery of the 692
839839 service or initiative on a regional basis; (J) a resolution endorsing such 693
840840 proposal approved by the [legislative] governing body of [each 694
841841 participating municipality; and (K)] the council or center, which shall 695
842842 include a statement that not less than twenty-five per cent of the cost of 696
843843 such proposal shall be funded by the council or center in the first year 697
844844 of operation, and that by the fourth year of operation the council or 698
845845 center shall fund one hundred per cent of such cost; (K) an 699
846846 acknowledgment from any employee organization that may be 700
847847 impacted by such proposal that they have been informed of and 701
848848 consulted about the proposal; and (L) an explanation of the potential 702
849849 legal obstacles, if any, to the regional provision of the service or 703
850850 initiative, and how such obstacles will be resolved. 704
851851 (2) The secretary shall review each proposal and shall award grants 705 Substitute Bill No. 6448
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858858 for proposals the secretary determines best [meet the requirements of 706
859859 this section. In awarding such grants, the secretary shall give priority to 707
860860 a proposal submitted by (A) any entity specified in subsection (a) of this 708
861861 section that includes participation of all of the member municipalities of 709
862862 such entity, and which may increase the purchasing power of 710
863863 participating municipalities or provide a cost savings initiative resulting 711
864864 in a decrease in expenses of such municipalities, allowing such 712
865865 municipalities to lower property taxes, (B) any economic development 713
866866 district, and (C) any local or regional board of education] satisfy the 714
867867 following criteria: (A) The proposed service or initiative will be 715
868868 available to or benefit all participating members of the regional council 716
869869 of governments or regional educational service center regardless of such 717
870870 members' participation in the grant application process; (B) when 718
871871 compared to the existing delivery of services by participating members 719
872872 of the council or center, the proposal demonstrates (i) a positive cost 720
873873 benefit to such members, (ii) increased efficiency and capacity in the 721
874874 delivery of services, (iii) a diminished need for state funding, and (iv) 722
875875 increased cost savings; (C) the proposed service or initiative promotes 723
876876 cooperation among participating members that may lead to a reduction 724
877877 in economic or social inequality; (D) the proposal has been approved by 725
878878 a majority of the members of the council or center, and pursuant to 726
879879 subsection (c) of this section, contains a statement that not less than 727
880880 twenty-five per cent of the cost of such proposal shall be funded by the 728
881881 council or center in the first year of operation, and that by the fourth 729
882882 year of operation the council or center shall fund one hundred per cent 730
883883 of such cost; and (E) any employee organizations that may be impacted 731
884884 by such proposal have been informed of and consulted about such 732
885885 proposal, pursuant to subsection (c) of this section. 733
886886 (d) [On or before December 31, 2013, and annually thereafter until 734
887887 December 31, 2018, in addition to any proposal submitted pursuant to 735
888888 this section, any municipality or regional council of governments may 736
889889 apply to the secretary for a grant to fund: (1) Operating costs associated 737
890890 with connecting to the state-wide high speed, flexible network 738
891891 developed pursuant to section 4d-80, including the costs to connect at 739 Substitute Bill No. 6448
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897897
898898 the same rate as other government entities served by such network; and 740
899899 (2) capital cost associated with connecting to such network, including 741
900900 expenses associated with building out the internal fiber network 742
901901 connections required to connect to such network, provided the secretary 743
902902 shall make any such grant available in accordance with the two-year 744
903903 schedule by which the Bureau of Enterprise Systems and Technology 745
904904 recommends connecting each municipality and regional council of 746
905905 governments to such network. Any municipality or regional council of 747
906906 governments shall submit each application in the form and manner the 748
907907 secretary prescribes.] Notwithstanding the provisions of sections 7-339a 749
908908 to 7-339l, inclusive, or any other provision of the general statutes, no 750
909909 regional council of governments or regional educational service center 751
910910 or any member municipalities or local or regional boards of education 752
911911 of such councils or centers shall be required to execute an interlocal 753
912912 agreement to implement a proposal submitted pursuant to subsection 754
913913 (c) of this section. 755
914914 (e) Any board of education awarded a grant for a proposal submitted 756
915915 pursuant to subsection (c) of this section may deposit any cost savings 757
916916 realized as a result of the implementation of the proposed service or 758
917917 initiative into a nonlapsing account pursuant to section 10-248a. 759
918918 [(e)] (f) The secretary shall submit to the Governor and the joint 760
919919 standing committee of the General Assembly having cognizance of 761
920920 matters relating to finance, revenue and bonding a report on the grants 762
921921 provided pursuant to this section. Each such report shall (1) include 763
922922 information on the amount of each grant [,] and the potential of each 764
923923 grant for leveraging other public and private investments, and (2) 765
924924 describe any property tax reductions and improved services achieved 766
925925 by means of the program established pursuant to this section. The 767
926926 secretary shall submit a report for the fiscal year commencing July 1, 768
927927 2011, not later than February 1, 2012, and shall submit a report for each 769
928928 subsequent fiscal year not later than the first day of March in such fiscal 770
929929 year. [Such reports shall include the property tax reductions achieved 771
930930 by means of the program established pursuant to this section.] 772 Substitute Bill No. 6448
931931
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935935 25 of 49
936936
937937 Sec. 10. Subsection (b) of section 8-31b of the general statutes is 773
938938 repealed and the following is substituted in lieu thereof (Effective from 774
939939 passage): 775
940940 (b) A regional council of governments may accept or participate in 776
941941 any grant, donation or program available to any political subdivision of 777
942942 the state and may also accept or participate in any grant, donation or 778
943943 program made available to counties by any other governmental or 779
944944 private entity. Notwithstanding the provisions of any special or public 780
945945 act, any political subdivision of the state may enter into an agreement 781
946946 with a regional council of governments to perform jointly or to provide, 782
947947 alone or in cooperation with any other entity, any service, activity or 783
948948 undertaking that the political subdivision is authorized by law to 784
949949 perform. A regional council of governments established pursuant to this 785
950950 section may administer and provide regional services to municipalities 786
951951 by affirmative vote of the member municipalities of such council, and 787
952952 may delegate such authority to subregional groups of such 788
953953 municipalities. Notwithstanding the provisions of sections 7-339a to 7-789
954954 339l, inclusive, the administration and provision of such services shall 790
955955 not require the execution of any interlocal agreement. Regional services 791
956956 provided to member municipalities shall be determined by each 792
957957 regional council of governments, except as provided in subsection (b) of 793
958958 section 9-229 and section 9-229b, and may include, without limitation, 794
959959 the following services: (1) Engineering; (2) inspectional and planning; 795
960960 (3) economic development; (4) public safety; (5) emergency 796
961961 management; (6) animal control; (7) land use management; (8) tourism 797
962962 promotion; (9) social; (10) health; (11) education; (12) data management; 798
963963 (13) regional sewerage; (14) housing; (15) computerized mapping; (16) 799
964964 household hazardous waste collection; (17) recycling; (18) public facility 800
965965 siting; (19) coordination of master planning; (20) vocational training and 801
966966 development; (21) solid waste disposal; (22) fire protection; (23) regional 802
967967 resource protection; (24) regional impact studies; and (25) 803
968968 transportation. 804
969969 Sec. 11. Section 4-66k of the general statutes is repealed and the 805 Substitute Bill No. 6448
970970
971971
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974974 26 of 49
975975
976976 following is substituted in lieu thereof (Effective July 1, 2021): 806
977977 (a) There is established an account to be known as the "regional 807
978978 planning incentive account" which shall be a separate, nonlapsing 808
979979 account within the General Fund. The account shall contain any moneys 809
980980 required by law to be deposited in the account. Except as provided in 810
981981 subsection [(d)] (e) of this section, moneys [,] in the account shall be 811
982982 expended by the Secretary of the Office of Policy and Management [in 812
983983 accordance with subsection (b) of this section] for the purposes of first 813
984984 providing funding to regional planning organizations in accordance 814
985985 with the provisions of subsections (b), [and] (c) and (d) of this section 815
986986 and then to providing grants under the regional performance incentive 816
987987 program established pursuant to section 4-124s, as amended by this act. 817
988988 (b) For the fiscal year ending June 30, 2014, funds from the regional 818
989989 planning incentive account shall be distributed to each regional 819
990990 planning organization, as defined in section 4-124i, revision of 1958, 820
991991 revised to January 1, 2013, in the amount of one hundred twenty-five 821
992992 thousand dollars. Any regional council of governments that is 822
993993 comprised of any two or more regional planning organizations that 823
994994 voluntarily consolidate on or before December 31, 2013, shall receive an 824
995995 additional payment in an amount equal to the amount the regional 825
996996 planning organizations would have received if such regional planning 826
997997 organizations had not voluntarily consolidated. 827
998998 (c) [Beginning in the fiscal year] For the fiscal years ending June 30, 828
999999 2015, [and annually thereafter] to June 30, 2021, inclusive, funds from 829
10001000 the regional planning incentive account shall be distributed to each 830
10011001 regional council of governments formed pursuant to section 4-124j, in 831
10021002 the amount of one hundred twenty-five thousand dollars plus fifty cents 832
10031003 per capita, using population information from the most recent federal 833
10041004 decennial census. Any regional council of governments that is 834
10051005 comprised of any two or more regional planning organizations, as 835
10061006 defined in section 4-124i, revision of 1958, revised to January 1, 2013, 836
10071007 that voluntarily consolidated on or before December 31, 2013, shall 837
10081008 receive a payment in the amount of one hundred twenty-five thousand 838 Substitute Bill No. 6448
10091009
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10131013 27 of 49
10141014
10151015 dollars for each such regional planning organization that voluntarily 839
10161016 consolidated on or before said date. 840
10171017 (d) (1) For the fiscal year ending June 30, 2022, and each fiscal year 841
10181018 thereafter, funds from the regional planning incentive account shall be 842
10191019 distributed to each regional council of governments formed pursuant to 843
10201020 section 4-124j, in the amount of one hundred eighty-five thousand five 844
10211021 hundred dollars plus sixty-eight cents per capita, using population 845
10221022 information from the most recent federal decennial census. 846
10231023 (2) Not later than July 1, 2021, and annually thereafter, each regional 847
10241024 council of governments shall submit to the secretary a proposal for 848
10251025 expenditure of the funds described in subdivision (1) of this subsection. 849
10261026 Such proposal may include, but need not be limited to, a description of 850
10271027 (A) functions, activities or services currently performed by the state or 851
10281028 municipalities that may be provided in a more efficient, cost-effective, 852
10291029 responsive or higher quality manner by such council, a regional 853
10301030 educational service center or similar regional entity, (B) anticipated cost 854
10311031 savings relating to the sharing of government services, including, but 855
10321032 not limited to, joint purchasing, (C) the standardization and alignment 856
10331033 of various regions of the state, or (D) any other initiatives that may 857
10341034 facilitate the delivery of services to the public in a more efficient, cost-858
10351035 effective, responsive or higher quality manner. 859
10361036 [(d)] (e) There is established a regionalization subaccount within the 860
10371037 regional planning incentive account. If the Connecticut Lottery 861
10381038 Corporation offers online its existing lottery draw games through the 862
10391039 corporation's Internet web site, online service or mobile application, the 863
10401040 revenue from such online offering that exceeds an amount equivalent to 864
10411041 the costs of the debt-free community college program under section 10a-865
10421042 174 shall be deposited in the subaccount, or, if such online offering is not 866
10431043 established, the amount provided under subsection (b) of section 364 of 867
10441044 public act 19-117 for regionalization initiatives shall be deposited in the 868
10451045 subaccount. Moneys in the subaccount shall be expended only for the 869
10461046 purposes recommended by the task force established under section 4-870
10471047 66s. 871 Substitute Bill No. 6448
10481048
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10531053
10541054 Sec. 12. Section 4-66r of the general statutes is repealed and the 872
10551055 following is substituted in lieu thereof (Effective July 1, 2021): 873
10561056 (a) For the fiscal [year] years ending June 30, 2018, [and each fiscal 874
10571057 year thereafter] and June 30, 2019, each regional council of governments 875
10581058 shall, within available appropriations, receive a grant-in-aid to be 876
10591059 known as a regional services grant, the amount of which shall be based 877
10601060 on a formula to be determined by the Secretary of the Office of Policy 878
10611061 and Management. No such council shall receive a grant for the fiscal 879
10621062 year ending June 30, 2018, unless the secretary approves a spending plan 880
10631063 for such grant moneys submitted by such council to the secretary on or 881
10641064 before November 1, 2017. No such council shall receive a grant for the 882
10651065 fiscal year ending June 30, 2019, [or any fiscal year thereafter,] unless the 883
10661066 secretary approves a spending plan for such grant moneys submitted by 884
10671067 such council to the secretary on or before July 1, 2018. [, and annually 885
10681068 thereafter.] 886
10691069 (b) Notwithstanding the provisions of section 29 of public act 19-117, 887
10701070 for the fiscal year ending June 30, 2020, and each fiscal year thereafter, 888
10711071 each regional council of governments shall receive a grant-in-aid to be 889
10721072 known as a regional services grant, the amount of which shall be 890
10731073 determined pursuant to section 4-66k, as amended by this act. No such 891
10741074 council shall receive a grant for the fiscal year ending June 30, 2020, or 892
10751075 any fiscal year thereafter, unless the secretary approves a spending plan 893
10761076 for such grant moneys submitted by such council to the secretary on or 894
10771077 before July 1, 2019, and annually thereafter. The secretary may provide 895
10781078 biennial spending plan approval process guidelines at the secretary's 896
10791079 discretion. 897
10801080 (c) Each regional council of governments shall use such grant funds 898
10811081 for planning purposes and to achieve efficiencies in the delivery of 899
10821082 municipal services, without diminishing the quality of such services. On 900
10831083 or before October 1, 2018, and annually thereafter, each regional council 901
10841084 of governments shall submit a report, in accordance with section 11-4a, 902
10851085 to the joint standing committees of the General Assembly having 903
10861086 cognizance of matters relating to planning and development and 904 Substitute Bill No. 6448
10871087
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10911091 29 of 49
10921092
10931093 finance, revenue and bonding, and to the secretary. Such report shall (1) 905
10941094 summarize the expenditure of such grant funds in the prior fiscal year, 906
10951095 (2) describe any regional program, project or initiative currently 907
10961096 provided or planned by the council, (3) review the performance of any 908
10971097 existing regional program, project or initiative relative to its initial goals 909
10981098 and objectives, (4) analyze the existing services provided by member 910
10991099 municipalities or by the state that, in the opinion of the council, could 911
11001100 be more effectively or efficiently provided on a regional basis, and (5) 912
11011101 provide recommendations for legislative action concerning potential 913
11021102 impediments to the regionalization of services. 914
11031103 Sec. 13. Section 4-66l of the general statutes is repealed and the 915
11041104 following is substituted in lieu thereof (Effective July 1, 2021): 916
11051105 (a) For the purposes of this section: 917
11061106 (1) "FY 15 mill rate" means the mill rate a municipality used during 918
11071107 the fiscal year ending June 30, 2015; 919
11081108 (2) "Mill rate" means, unless otherwise specified, the mill rate a 920
11091109 municipality uses to calculate tax bills for motor vehicles; 921
11101110 (3) "Municipality" means any town, city, consolidated town and city 922
11111111 or consolidated town and borough. "Municipality" includes a district for 923
11121112 the purposes of subdivision (1) of subsection (d) of this section; 924
11131113 (4) "Municipal spending" means: 925
11141114 T1
11151115 Municipal
11161116
11171117
11181118
11191119 Municipal
11201120 T2
11211121 spending for spending for
11221122 T3
11231123 the fiscal year the fiscal year
11241124 T4 prior to the two years
11251125 T5
11261126 current fiscal prior to the
11271127 T6
11281128 year current year
11291129 X 100
11301130 Municipal
11311131 T7
11321132 _______________________________ spending;
11331133 T8
11341134 Municipal spending for the fiscal
11351135 T9 year two years prior to the Substitute Bill No. 6448
11361136
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11401140 30 of 49
11411141
11421142 T10
11431143 current year
11441144
11451145 (5) "Per capita distribution" means: 926
11461146 T11
11471147 Municipal population
11481148 T12
11491149 X Sales tax revenue = Per capita distribution
11501150 T13 Total state population
11511151
11521152 (6) "Pro rata distribution" means: 927
11531153 T14
11541154 Municipal weighted
11551155 X Sales tax revenue = Pro rata distribution;
11561156 T15
11571157 mill rate calculation
11581158 T16 ___________________
11591159 T17
11601160 Sum of all municipal
11611161 T18
11621162 weighted mill rate
11631163 T19
11641164 calculations combined
11651165
11661166 (7) "Regional council of governments" means any such council 928
11671167 organized under the provisions of sections 4-124i to 4-124p, inclusive; 929
11681168 (8) "Municipal population" means the number of persons in a 930
11691169 municipality according to the most recent estimate of the Department of 931
11701170 Public Health; 932
11711171 (9) "Total state population" means the number of persons in this state 933
11721172 according to the most recent estimate published by the Department of 934
11731173 Public Health; 935
11741174 (10) "Weighted mill rate" means a municipality's FY 15 mill rate 936
11751175 divided by the average of all municipalities' FY 15 mill rate; 937
11761176 (11) "Weighted mill rate calculation" means per capita distribution 938
11771177 multiplied by a municipality's weighted mill rate; 939
11781178 (12) "Sales tax revenue" means the moneys in the account remaining 940
11791179 for distribution pursuant to subdivision (7) of subsection (b) of this 941
11801180 section; 942 Substitute Bill No. 6448
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11861186
11871187 (13) "District" means any district, as defined in section 7-324; and 943
11881188 (14) "Secretary" means the Secretary of the Office of Policy and 944
11891189 Management. 945
11901190 (b) There is established an account to be known as the "municipal 946
11911191 revenue sharing account" which shall be a separate, nonlapsing account 947
11921192 within the General Fund. The account shall contain any moneys 948
11931193 required by law to be deposited in the account. The secretary shall set 949
11941194 aside and ensure availability of moneys in the account in the following 950
11951195 order of priority and shall transfer or disburse such moneys as follows: 951
11961196 (1) Ten million dollars for the fiscal year ending June 30, 2016, shall 952
11971197 be transferred not later than April fifteenth for the purposes of grants 953
11981198 under section 10-262h; 954
11991199 (2) For the fiscal year ending June 30, 2018, and each fiscal year 955
12001200 thereafter, moneys sufficient to make motor vehicle property tax grants 956
12011201 payable to municipalities pursuant to subsection (c) of this section shall 957
12021202 be expended not later than August first annually by the secretary; 958
12031203 (3) For the fiscal year ending June 30, 2018, and each fiscal year 959
12041204 thereafter, moneys sufficient to make the grants payable from the select 960
12051205 payment in lieu of taxes grant account established pursuant to section 961
12061206 12-18c shall annually be transferred to the select payment in lieu of taxes 962
12071207 account in the Office of Policy and Management; 963
12081208 (4) For the fiscal years ending June 30, 2018, and June 30, 2019, 964
12091209 moneys sufficient to make the municipal revenue sharing grants 965
12101210 payable to municipalities pursuant to subdivision (2) of subsection (d) 966
12111211 of this section shall be expended not later than October thirty-first 967
12121212 annually by the secretary; 968
12131213 [(5) For the fiscal year ending June 30, 2018, and each fiscal year 969
12141214 thereafter, seven million dollars shall be expended for the purposes of 970
12151215 the regional services grants pursuant to subsection (e) of this section to 971
12161216 the regional councils of governments;] 972 Substitute Bill No. 6448
12171217
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12221222
12231223 [(6)] (5) For the fiscal year ending June 30, 2018, and each fiscal year 973
12241224 thereafter, moneys may be expended for the purpose of supplemental 974
12251225 motor vehicle property tax grants pursuant to subsection (c) of this 975
12261226 section; and 976
12271227 [(7)] (6) For the fiscal year ending June 30, 2020, and each fiscal year 977
12281228 thereafter, moneys in the account remaining shall be expended annually 978
12291229 by the secretary for the purposes of the municipal revenue sharing 979
12301230 grants established pursuant to subsection [(f)] (e) of this section. Any 980
12311231 such moneys deposited in the account for municipal revenue sharing 981
12321232 grants between October first and June thirtieth shall be distributed to 982
12331233 municipalities on the following October first and any such moneys 983
12341234 deposited in the account between July first and September thirtieth shall 984
12351235 be distributed to municipalities on the following January thirty-first. 985
12361236 Any municipality may apply to the Office of Policy and Management 986
12371237 on or after July first for early disbursement of a portion of such grant. 987
12381238 The Office of Policy and Management may approve such an application 988
12391239 if it finds that early disbursement is required in order for a municipality 989
12401240 to meet its cash flow needs. No early disbursement approved by said 990
12411241 office may be issued later than September thirtieth. 991
12421242 (c) (1) For the fiscal year ending June 30, 2018, motor vehicle property 992
12431243 tax grants to municipalities that impose mill rates on real property and 993
12441244 personal property other than motor vehicles greater than 39 mills or 994
12451245 that, when combined with the mill rate of any district located within the 995
12461246 municipality, impose mill rates greater than 39 mills, shall be made in 996
12471247 an amount equal to the difference between the amount of property taxes 997
12481248 levied by the municipality and any district located within the 998
12491249 municipality on motor vehicles for the assessment year commencing 999
12501250 October 1, 2013, and the amount such levy would have been if the mill 1000
12511251 rate on motor vehicles for said assessment year was 39 mills. 1001
12521252 (2) For the fiscal year ending June 30, 2020, and each fiscal year 1002
12531253 thereafter, motor vehicle property tax grants to municipalities that 1003
12541254 impose mill rates on real property and personal property other than 1004
12551255 motor vehicles greater than 45 mills or that, when combined with the 1005 Substitute Bill No. 6448
12561256
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12601260 33 of 49
12611261
12621262 mill rate of any district located within the municipality, impose mill 1006
12631263 rates greater than 45 mills, shall be made in an amount equal to the 1007
12641264 difference between the amount of property taxes levied by the 1008
12651265 municipality and any district located within the municipality on motor 1009
12661266 vehicles for the assessment year commencing October 1, 2016, and the 1010
12671267 amount such levy would have been if the mill rate on motor vehicles for 1011
12681268 said assessment year was 45 mills. 1012
12691269 (3) For the fiscal year ending June 30, 2018, any municipality that 1013
12701270 imposed a mill rate for real and personal property of more than 39 mills 1014
12711271 during the fiscal year ending June 30, 2017, and effected a revaluation of 1015
12721272 real property for the 2014 or 2015 assessment year that resulted in an 1016
12731273 increase of 4 or more mills over the prior mill rate, may apply to the 1017
12741274 Office of Policy and Management for a supplemental motor vehicle 1018
12751275 property tax grant. The Office of Policy and Management may approve 1019
12761276 such an application, within available funds, provided such 1020
12771277 supplemental grant does not reduce any amount payable to any other 1021
12781278 municipality. 1022
12791279 (4) Not later than fifteen calendar days after receiving a property tax 1023
12801280 grant pursuant to this section, the municipality shall disburse to any 1024
12811281 district located within the municipality the amount of any such property 1025
12821282 tax grant that is attributable to the district. 1026
12831283 [(d) (1) For the fiscal year ending June 30, 2017, each municipality 1027
12841284 shall receive a municipal revenue sharing grant, which shall be payable 1028
12851285 August 1, 2016, from the Municipal Revenue Sharing Fund established 1029
12861286 in section 4-66p. The total amount of the grant payable is as follows: 1030
12871287 T20 Municipality Grant Amount
12881288 T21 Andover 66,705
12891289 T22 Ansonia 605,442
12901290 T23 Ashford 87,248
12911291 T24 Avon 374,711
12921292 T25 Barkhamsted 76,324
12931293 T26 Beacon Falls 123,341 Substitute Bill No. 6448
12941294
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12991299
13001300 T27 Berlin 843,048
13011301 T28 Bethany 114,329
13021302 T29 Bethel 392,605
13031303 T30 Bethlehem 42,762
13041304 T31 Bloomfield 438,458
13051305 T32 Bolton 106,449
13061306 T33 Bozrah 53,783
13071307 T34 Branford 570,402
13081308 T35 Bridgeport 14,476,283
13091309 T36 Bridgewater 15,670
13101310 T37 Bristol 1,276,119
13111311 T38 Brookfield 343,611
13121312 T39 Brooklyn 103,910
13131313 T40 Burlington 193,490
13141314 T41 Canaan 14,793
13151315 T42 Canterbury 58,684
13161316 T43 Canton 211,078
13171317 T44 Chaplin 48,563
13181318 T45 Cheshire 594,084
13191319 T46 Chester 57,736
13201320 T47 Clinton 268,611
13211321 T48 Colchester 330,363
13221322 T49 Colebrook 29,694
13231323 T50 Columbia 111,276
13241324 T51 Cornwall 11,269
13251325 T52 Coventry 252,939
13261326 T53 Cromwell 288,951
13271327 T54 Danbury 2,079,675
13281328 T55 Darien 171,485
13291329 T56 Deep River 93,525
13301330 T57 Derby 462,718
13311331 T58 Durham 150,019
13321332 T59 East Granby 106,222
13331333 T60 East Haddam 186,418 Substitute Bill No. 6448
13341334
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13381338 35 of 49
13391339
13401340 T61 East Hampton 263,149
13411341 T62 East Hartford 3,877,281
13421342 T63 East Haven 593,493
13431343 T64 East Lyme 243,736
13441344 T65 East Windsor 232,457
13451345 T66 Eastford 23,060
13461346 T67 Easton 155,216
13471347 T68 Ellington 321,722
13481348 T69 Enfield 911,974
13491349 T70 Essex 74,572
13501350 T71 Fairfield 795,318
13511351 T72 Farmington 335,287
13521352 T73 Franklin 26,309
13531353 T74 Glastonbury 754,546
13541354 T75 Goshen 30,286
13551355 T76 Granby 244,839
13561356 T77 Greenwich 366,588
13571357 T78 Griswold 243,727
13581358 T79 Groton 433,177
13591359 T80 Guilford 456,863
13601360 T81 Haddam 170,440
13611361 T82 Hamden 4,491,337
13621362 T83 Hampton 38,070
13631363 T84 Hartford 13,908,437
13641364 T85 Hartland 27,964
13651365 T86 Harwinton 113,987
13661366 T87 Hebron 208,666
13671367 T88 Kent 26,808
13681368 T89 Killingly 351,213
13691369 T90 Killingworth 85,270
13701370 T91 Lebanon 149,163
13711371 T92 Ledyard 307,619
13721372 T93 Lisbon 45,413
13731373 T94 Litchfield 169,828 Substitute Bill No. 6448
13741374
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13781378 36 of 49
13791379
13801380 T95 Lyme 21,862
13811381 T96 Madison 372,897
13821382 T97 Manchester 1,972,491
13831383 T98 Mansfield 525,280
13841384 T99 Marlborough 131,065
13851385 T100 Meriden 1,315,347
13861386 T101 Middlebury 154,299
13871387 T102 Middlefield 91,372
13881388 T103 Middletown 964,657
13891389 T104 Milford 1,880,830
13901390 T105 Monroe 404,221
13911391 T106 Montville 401,756
13921392 T107 Morris 28,110
13931393 T108 Naugatuck 2,405,660
13941394 T109 New Britain 5,781,991
13951395 T110 New Canaan 168,106
13961396 T111 New Fairfield 288,278
13971397 T112 New Hartford 140,338
13981398 T113 New Haven 2,118,290
13991399 T114 New London 750,249
14001400 T115 New Milford 565,898
14011401 T116 Newington 651,000
14021402 T117 Newtown 572,949
14031403 T118 Norfolk 20,141
14041404 T119 North Branford 292,517
14051405 T120 North Canaan 66,052
14061406 T121 North Haven 487,882
14071407 T122 North Stonington 107,832
14081408 T123 Norwalk 3,401,590
14091409 T124 Norwich 1,309,943
14101410 T125 Old Lyme 79,946
14111411 T126 Old Saybrook 101,527
14121412 T127 Orange 284,365
14131413 T128 Oxford 171,492 Substitute Bill No. 6448
14141414
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14181418 37 of 49
14191419
14201420 T129 Plainfield 310,350
14211421 T130 Plainville 363,176
14221422 T131 Plymouth 255,581
14231423 T132 Pomfret 54,257
14241424 T133 Portland 192,715
14251425 T134 Preston 58,934
14261426 T135 Prospect 197,097
14271427 T136 Putnam 76,399
14281428 T137 Redding 189,781
14291429 T138 Ridgefield 512,848
14301430 T139 Rocky Hill 405,872
14311431 T140 Roxbury 15,998
14321432 T141 Salem 85,617
14331433 T142 Salisbury 20,769
14341434 T143 Scotland 36,200
14351435 T144 Seymour 343,388
14361436 T145 Sharon 19,467
14371437 T146 Shelton 706,038
14381438 T147 Sherman 39,000
14391439 T148 Simsbury 567,460
14401440 T149 Somers 141,697
14411441 T150 South Windsor 558,715
14421442 T151 Southbury 404,731
14431443 T152 Southington 889,821
14441444 T153 Sprague 89,456
14451445 T154 Stafford 243,095
14461446 T155 Stamford 2,372,358
14471447 T156 Sterling 77,037
14481448 T157 Stonington 202,888
14491449 T158 Stratford 1,130,316
14501450 T159 Suffield 321,763
14511451 T160 Thomaston 158,888
14521452 T161 Thompson 114,582
14531453 T162 Tolland 303,971 Substitute Bill No. 6448
14541454
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14581458 38 of 49
14591459
14601460 T163 Torrington 2,435,109
14611461 T164 Trumbull 745,325
14621462 T165 Union 17,283
14631463 T166 Vernon 641,027
14641464 T167 Voluntown 33,914
14651465 T168 Wallingford 919,984
14661466 T169 Warren 11,006
14671467 T170 Washington 25,496
14681468 T171 Waterbury 13,438,542
14691469 T172 Waterford 259,091
14701470 T173 Watertown 453,012
14711471 T174 West Hartford 1,614,320
14721472 T175 West Haven 1,121,850
14731473 T176 Westbrook 80,601
14741474 T177 Weston 211,384
14751475 T178 Westport 262,402
14761476 T179 Wethersfield 940,267
14771477 T180 Willington 121,568
14781478 T181 Wilton 380,234
14791479 T182 Winchester 224,447
14801480 T183 Windham 513,847
14811481 T184 Windsor 593,921
14821482 T185 Windsor Locks 256,241
14831483 T186 Wolcott 340,859
14841484 T187 Woodbridge 247,758
14851485 T188 Woodbury 200,175
14861486 T189 Woodstock 97,708
14871487 T190 Borough of Danielson -
14881488 T191 Borough of Litchfield -
14891489 T192 Bloomfield, Blue Hills FD 92,961
14901490 T193 Enfield Thompsonville FD #2 354,311
14911491 T194 Manchester - Eighth Utility District 436,718
14921492 T195 Middletown - City Fire 910,442
14931493 T196 Middletown So Fire 413,961 Substitute Bill No. 6448
14941494
14951495
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14981498 39 of 49
14991499
15001500 T197 Norwich CCD 552,565
15011501 T198 Norwich TCD 62,849
15021502 T199 Simsbury FD 221,536
15031503 T200 Plainfield Fire District -
15041504 T201 Windham, Special Service District #2 640,000
15051505 T202 Windham 1st Taxing District -
15061506 T203 Windham First
15071507 T204 West Haven First Center (D1) 1,039,843
15081508 T205 West Haven: Allingtown FD (D3) 483,505
15091509 T206 West Haven: West Shore FD (D2) 654,640
15101510
15111511 (2) For the fiscal years ending June 30, 2018, and June 30, 2019, each 1031
15121512 municipality shall receive a municipal sharing grant payable not later 1032
15131513 than October thirty-first of each year. The total amount of the grant 1033
15141514 payable is as follows: 1034
15151515 T207 Municipality Grant Amount
15161516 T208 Andover 96,020
15171517 T209 Ansonia 643,519
15181518 T210 Ashford 125,591
15191519 T211 Avon 539,387
15201520 T212 Barkhamsted 109,867
15211521 T213 Beacon Falls 177,547
15221522 T214 Berlin 1,213,548
15231523 T215 Bethany 164,574
15241524 T216 Bethel 565,146
15251525 T217 Bethlehem 61,554
15261526 T218 Bloomfield 631,150
15271527 T219 Bolton 153,231
15281528 T220 Bozrah 77,420
15291529 T221 Branford 821,080
15301530 T222 Bridgeport 9,758,441
15311531 T223 Bridgewater 22,557
15321532 T224 Bristol 1,836,944
15331533 T225 Brookfield 494,620 Substitute Bill No. 6448
15341534
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15381538 40 of 49
15391539
15401540 T226 Brooklyn 149,576
15411541 T227 Burlington 278,524
15421542 T228 Canaan 21,294
15431543 T229 Canterbury 84,475
15441544 T230 Canton 303,842
15451545 T231 Chaplin 69,906
15461546 T232 Cheshire 855,170
15471547 T233 Chester 83,109
15481548 T234 Clinton 386,660
15491549 T235 Colchester 475,551
15501550 T236 Colebrook 42,744
15511551 T237 Columbia 160,179
15521552 T238 Cornwall 16,221
15531553 T239 Coventry 364,100
15541554 T240 Cromwell 415,938
15551555 T241 Danbury 2,993,644
15561556 T242 Darien 246,849
15571557 T243 Deep River 134,627
15581558 T244 Derby 400,912
15591559 T245 Durham 215,949
15601560 T246 East Granby 152,904
15611561 T247 East Haddam 268,344
15621562 T248 East Hampton 378,798
15631563 T249 East Hartford 2,036,894
15641564 T250 East Haven 854,319
15651565 T251 East Lyme 350,852
15661566 T252 East Windsor 334,616
15671567 T253 Eastford 33,194
15681568 T254 Easton 223,430
15691569 T255 Ellington 463,112
15701570 T256 Enfield 1,312,766
15711571 T257 Essex 107,345
15721572 T258 Fairfield 1,144,842
15731573 T259 Farmington 482,637 Substitute Bill No. 6448
15741574
15751575
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15781578 41 of 49
15791579
15801580 T260 Franklin 37,871
15811581 T261 Glastonbury 1,086,151
15821582 T262 Goshen 43,596
15831583 T263 Granby 352,440
15841584 T264 Greenwich 527,695
15851585 T265 Griswold 350,840
15861586 T266 Groton 623,548
15871587 T267 Guilford 657,644
15881588 T268 Haddam 245,344
15891589 T269 Hamden 2,155,661
15901590 T270 Hampton 54,801
15911591 T271 Hartford 1,498,643
15921592 T272 Hartland 40,254
15931593 T273 Harwinton 164,081
15941594 T274 Hebron 300,369
15951595 T275 Kent 38,590
15961596 T276 Killingly 505,562
15971597 T277 Killingworth 122,744
15981598 T278 Lebanon 214,717
15991599 T279 Ledyard 442,811
16001600 T280 Lisbon 65,371
16011601 T281 Litchfield 244,464
16021602 T282 Lyme 31,470
16031603 T283 Madison 536,777
16041604 T284 Manchester 1,971,540
16051605 T285 Mansfield 756,128
16061606 T286 Marlborough 188,665
16071607 T287 Meriden 1,893,412
16081608 T288 Middlebury 222,109
16091609 T289 Middlefield 131,529
16101610 T290 Middletown 1,388,602
16111611 T291 Milford 2,707,412
16121612 T292 Monroe 581,867
16131613 T293 Montville 578,318 Substitute Bill No. 6448
16141614
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16181618 42 of 49
16191619
16201620 T294 Morris 40,463
16211621 T295 Naugatuck 1,251,980
16221622 T296 New Britain 3,131,893
16231623 T297 New Canaan 241,985
16241624 T298 New Fairfield 414,970
16251625 T299 New Hartford 202,014
16261626 T300 New Haven 114,863
16271627 T301 New London 917,228
16281628 T302 New Milford 814,597
16291629 T303 Newington 937,100
16301630 T304 Newtown 824,747
16311631 T305 Norfolk 28,993
16321632 T306 North Branford 421,072
16331633 T307 North Canaan 95,081
16341634 T308 North Haven 702,295
16351635 T309 North Stonington 155,222
16361636 T310 Norwalk 4,896,511
16371637 T311 Norwich 1,362,971
16381638 T312 Old Lyme 115,080
16391639 T313 Old Saybrook 146,146
16401640 T314 Orange 409,337
16411641 T315 Oxford 246,859
16421642 T316 Plainfield 446,742
16431643 T317 Plainville 522,783
16441644 T318 Plymouth 367,902
16451645 T319 Pomfret 78,101
16461646 T320 Portland 277,409
16471647 T321 Preston 84,835
16481648 T322 Prospect 283,717
16491649 T323 Putnam 109,975
16501650 T324 Redding 273,185
16511651 T325 Ridgefield 738,233
16521652 T326 Rocky Hill 584,244
16531653 T327 Roxbury 23,029 Substitute Bill No. 6448
16541654
16551655
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16581658 43 of 49
16591659
16601660 T328 Salem 123,244
16611661 T329 Salisbury 29,897
16621662 T330 Scotland 52,109
16631663 T331 Seymour 494,298
16641664 T332 Sharon 28,022
16651665 T333 Shelton 1,016,326
16661666 T334 Sherman 56,139
16671667 T335 Simsbury 775,368
16681668 T336 Somers 203,969
16691669 T337 South Windsor 804,258
16701670 T338 Southbury 582,601
16711671 T339 Southington 1,280,877
16721672 T340 Sprague 128,769
16731673 T341 Stafford 349,930
16741674 T342 Stamford 3,414,955
16751675 T343 Sterling 110,893
16761676 T344 Stonington 292,053
16771677 T345 Stratford 1,627,064
16781678 T346 Suffield 463,170
16791679 T347 Thomaston 228,716
16801680 T348 Thompson 164,939
16811681 T349 Tolland 437,559
16821682 T350 Torrington 1,133,394
16831683 T351 Trumbull 1,072,878
16841684 T352 Union 24,878
16851685 T353 Vernon 922,743
16861686 T354 Voluntown 48,818
16871687 T355 Wallingford 1,324,296
16881688 T356 Warren 15,842
16891689 T357 Washington 36,701
16901690 T358 Waterbury 5,595,448
16911691 T359 Waterford 372,956
16921692 T360 Watertown 652,100
16931693 T361 West Hartford 2,075,223 Substitute Bill No. 6448
16941694
16951695
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16981698 44 of 49
16991699
17001700 T362 West Haven 1,614,877
17011701 T363 Westbrook 116,023
17021702 T364 Weston 304,282
17031703 T365 Westport 377,722
17041704 T366 Wethersfield 1,353,493
17051705 T367 Willington 174,995
17061706 T368 Wilton 547,338
17071707 T369 Winchester 323,087
17081708 T370 Windham 739,671
17091709 T371 Windsor 854,935
17101710 T372 Windsor Locks 368,853
17111711 T373 Wolcott 490,659
17121712 T374 Woodbridge 274,418
17131713 T375 Woodbury 288,147
17141714 T376 Woodstock 140,648]
17151715
17161716 [(e) For the fiscal year ending June 30, 2017, and each fiscal year 1035
17171717 thereafter, each regional council of governments shall receive a regional 1036
17181718 services grant, the amount of which will be based on a formula to be 1037
17191719 determined by the secretary, except that, for the fiscal year ending June 1038
17201720 30, 2018, and each fiscal year thereafter, thirty-five per cent of such grant 1039
17211721 moneys shall be awarded to regional councils of governments for the 1040
17221722 purpose of assisting regional education service centers in merging their 1041
17231723 human resource, finance or technology services with such services 1042
17241724 provided by municipalities within the region. For the fiscal year ending 1043
17251725 June 30, 2017, three million dollars shall be expended by the secretary 1044
17261726 from the Municipal Revenue Sharing Fund established in section 4-66p 1045
17271727 for the purpose of the regional services grant. No such council shall 1046
17281728 receive a grant for the fiscal year ending June 30, 2018, or any fiscal year 1047
17291729 thereafter, unless the secretary approves a spending plan for such grant 1048
17301730 moneys submitted by such council to the secretary on or before July 1, 1049
17311731 2017, and annually thereafter. The regional councils of governments 1050
17321732 shall use such grants for planning purposes and to achieve efficiencies 1051
17331733 in the delivery of municipal services by regionalizing such services, 1052
17341734 including, but not limited to, region-wide consolidation of such services. 1053 Substitute Bill No. 6448
17351735
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17391739 45 of 49
17401740
17411741 Such efficiencies shall not diminish the quality of such services. A 1054
17421742 unanimous vote of the representatives of such council shall be required 1055
17431743 for approval of any expenditure from such grant. On or before October 1056
17441744 1, 2017, and biennially thereafter, each such council shall submit a 1057
17451745 report, in accordance with section 11-4a, to the joint standing 1058
17461746 committees of the General Assembly having cognizance of matters 1059
17471747 relating to planning and development and finance, revenue and 1060
17481748 bonding. Such report shall summarize the expenditure of such grants 1061
17491749 and provide recommendations concerning the expansion, reduction or 1062
17501750 modification of such grants.] 1063
17511751 [(f)] (d) For the fiscal year ending June 30, 2020, and each fiscal year 1064
17521752 thereafter, each municipality shall receive a municipal revenue sharing 1065
17531753 grant as follows: 1066
17541754 (1) (A) A municipality having a mill rate at or above twenty-five shall 1067
17551755 receive the per capita distribution or pro rata distribution, whichever is 1068
17561756 higher for such municipality. 1069
17571757 (B) Such grants shall be increased by a percentage calculated as 1070
17581758 follows: 1071
17591759 T377
17601760 Sum of per capita distribution amount
17611761 T378
17621762 for all municipalities having a mill rate
17631763 T379
17641764 below twenty-five – pro rata distribution
17651765 T380
17661766 amount for all municipalities
17671767 T381 having a mill rate below twenty-five
17681768 T382
17691769 _______________________________________
17701770 T383
17711771 Sum of all grants to municipalities
17721772 T384
17731773 calculated pursuant to subparagraph (A)
17741774 T385 of subdivision (1) of this subsection.
17751775
17761776 (C) Notwithstanding the provisions of subparagraphs (A) and (B) of 1072
17771777 this subdivision, Hartford shall receive not more than 5.2 per cent of the 1073
17781778 municipal revenue sharing grants distributed pursuant to this 1074
17791779 subsection; Bridgeport shall receive not more than 4.5 per cent of the 1075 Substitute Bill No. 6448
17801780
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17841784 46 of 49
17851785
17861786 municipal revenue sharing grants distributed pursuant to this 1076
17871787 subsection; New Haven shall receive not more than 2.0 per cent of the 1077
17881788 municipal revenue sharing grants distributed pursuant to this 1078
17891789 subsection and Stamford shall receive not more than 2.8 per cent of the 1079
17901790 equalization grants distributed pursuant to this subsection. Any excess 1080
17911791 funds remaining after such reductions in payments to Hartford, 1081
17921792 Bridgeport, New Haven and Stamford shall be distributed to all other 1082
17931793 municipalities having a mill rate at or above twenty-five on a pro rata 1083
17941794 basis according to the payment they receive pursuant to this 1084
17951795 subdivision; and 1085
17961796 (2) A municipality having a mill rate below twenty-five shall receive 1086
17971797 the per capita distribution or pro rata distribution, whichever is less for 1087
17981798 such municipality. 1088
17991799 (3) For the purposes of this subsection, "mill rate" means the mill rate 1089
18001800 for real property and personal property other than motor vehicles. 1090
18011801 [(g)] (e) Except as provided in subsection (c) of this section, a 1091
18021802 municipality may disburse any municipal revenue sharing grant funds 1092
18031803 to a district within such municipality. 1093
18041804 [(h)] (f) (1) Except as provided in subdivision (2) of this subsection, 1094
18051805 for the fiscal year ending June 30, 2018, and each fiscal year thereafter, 1095
18061806 the amount of the grant payable to a municipality in any year in 1096
18071807 accordance with subsection (d) [or (f)] of this section shall be reduced if 1097
18081808 such municipality increases its adopted budget expenditures for such 1098
18091809 fiscal year above a cap equal to the amount of adopted budget 1099
18101810 expenditures authorized for the previous fiscal year by 2.5 per cent or 1100
18111811 more or the rate of inflation, whichever is greater. Such reduction shall 1101
18121812 be in an amount equal to fifty cents for every dollar expended over the 1102
18131813 cap set forth in this subsection. For the purposes of this section, (A) 1103
18141814 "municipal spending" does not include expenditures for debt service, 1104
18151815 special education, implementation of court orders or arbitration awards, 1105
18161816 expenditures associated with a major disaster or emergency declaration 1106
18171817 by the President of the United States, a disaster emergency declaration 1107 Substitute Bill No. 6448
18181818
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18221822 47 of 49
18231823
18241824 issued by the Governor pursuant to chapter 517 or any disbursement 1108
18251825 made to a district pursuant to subsection (c) or [(g)] (e) of this section, 1109
18261826 budgeting for an audited deficit, nonrecurring grants, capital 1110
18271827 expenditures or payments on unfunded pension liabilities, (B) "adopted 1111
18281828 budget expenditures" includes expenditures from a municipality's 1112
18291829 general fund and expenditures from any nonbudgeted funds, and (C) 1113
18301830 "capital expenditure" means a nonrecurring capital expenditure of one 1114
18311831 hundred thousand dollars or more. Each municipality shall annually 1115
18321832 certify to the secretary, on a form prescribed by said secretary, whether 1116
18331833 such municipality has exceeded the cap set forth in this subsection and 1117
18341834 if so the amount by which the cap was exceeded. 1118
18351835 (2) For the fiscal year ending June 30, 2018, and each fiscal year 1119
18361836 thereafter, the amount of the grant payable to a municipality in any year 1120
18371837 in accordance with subsection (d) or [(f)] (e) of this section shall not be 1121
18381838 reduced in the case of a municipality whose adopted budget 1122
18391839 expenditures exceed the cap set forth in subdivision (1) of this 1123
18401840 subsection by an amount proportionate to any increase to its municipal 1124
18411841 population from the previous fiscal year, as determined by the secretary. 1125
18421842 [(i)] (g) For the fiscal year ending June 30, 2020, and each fiscal year 1126
18431843 thereafter, the amount of the grant payable to a municipality in any year 1127
18441844 in accordance with subsection [(f)] (d) of this section shall be reduced 1128
18451845 proportionately in the event that the total of such grants in such year 1129
18461846 exceeds the amount available for such grants in the municipal revenue 1130
18471847 sharing account established pursuant to subsection (b) of this section. 1131
18481848 Sec. 14. (NEW) (Effective July 1, 2021) (a) For the purposes of this 1132
18491849 section, "beverage" includes alcoholic liquor or an alcoholic beverage, as 1133
18501850 defined in section 30-1 of the general statutes, "food establishment" 1134
18511851 means a food establishment that is licensed or permitted to operate 1135
18521852 pursuant to section 19a-36i of the general statutes, and "municipality" 1136
18531853 has the same meaning as provided in section 8-1a of the general statutes. 1137
18541854 (b) Notwithstanding any provision of the general statutes, special act, 1138
18551855 municipal charter or ordinance, the zoning commission of each 1139 Substitute Bill No. 6448
18561856
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18601860 48 of 49
18611861
18621862 municipality shall allow any licensee or permittee of a food 1140
18631863 establishment operating in such municipality to engage in outdoor food 1141
18641864 and beverage service as an accessory use of such food establishment's 1142
18651865 permitted use. Such accessory use shall be allowed as of right, subject 1143
18661866 only to any required administrative site plan review to determine 1144
18671867 conformance with zoning requirements not contemplated by this 1145
18681868 section, provided such accessory use would not result in the expansion 1146
18691869 of a nonconforming use. 1147
18701870 (c) Any such licensee or permittee may engage in outdoor food and 1148
18711871 beverage service (1) on public sidewalks and other pedestrian pathways 1149
18721872 abutting the area permitted for principal use and on which vehicular 1150
18731873 access is not allowed, (A) provided a pathway the length of the lot upon 1151
18741874 which the area permitted for principal use is located, and not less than 1152
18751875 six feet in width, not including any area on a street or highway, shall 1153
18761876 remain unobstructed for pedestrian use, and (B) subject to reasonable 1154
18771877 conditions imposed by the municipal official or agency that issues right-1155
18781878 of-way or obstruction permits; (2) on off-street parking spaces 1156
18791879 associated with the permitted use, notwithstanding any municipal 1157
18801880 ordinance or zoning regulation establishing minimum requirements for 1158
18811881 off-street parking; (3) on any lot, yard, court or open space abutting the 1159
18821882 area permitted for principal use, provided (A) such lot, yard, court or 1160
18831883 open space is located in a zoning district where the operation of food 1161
18841884 establishments is permitted, and (B) the licensee or permittee obtains 1162
18851885 written authorization to engage in such service from the owner of such 1163
18861886 lot, yard, court or open space and provides a copy of such authorization 1164
18871887 to the zoning commission; and (4) until 9 o'clock p.m., or a time 1165
18881888 established by the zoning commission of the municipality, whichever is 1166
18891889 later. 1167
18901890 Sec. 15. Subsection (a) of section 32-37 of the general statutes is 1168
18911891 repealed and the following is substituted in lieu thereof (Effective July 1, 1169
18921892 2021): 1170
18931893 (a) The powers of the corporation shall be vested in and exercised by 1171
18941894 the board of directors. Eight members of the board shall constitute a 1172 Substitute Bill No. 6448
18951895
18961896
18971897 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06448-
1898-R02-HB.docx }
1898+R01-HB.docx }
18991899 49 of 49
19001900
19011901 quorum and the affirmative vote of a majority of the members present 1173
19021902 at a meeting of the board shall be necessary and sufficient for any action 1174
19031903 taken by the board. No vacancy in the membership of the board shall 1175
19041904 impair the right of a quorum to exercise all the rights and perform all 1176
19051905 the duties of the board. Any action taken by the board may be 1177
19061906 authorized by resolution at any regular or special meeting and shall take 1178
19071907 effect immediately unless otherwise provided in the resolution. Notice 1179
19081908 of any regular meeting shall be given in writing, by telephone or orally, 1180
19091909 not less than forty-eight hours prior to the meeting. Notice of any special 1181
19101910 meeting shall be given in accordance with subsection [(d)] (e) of section 1182
19111911 1-225, as amended by this act. 1183
19121912 This act shall take effect as follows and shall amend the following
19131913 sections:
19141914
19151915 Section 1 July 1, 2021 1-200
19161916 Sec. 2 July 1, 2021 1-206
19171917 Sec. 3 July 1, 2021 1-225
19181918 Sec. 4 July 1, 2021 1-227
19191919 Sec. 5 July 1, 2021 1-228
19201920 Sec. 6 January 1, 2022 7-7
19211921 Sec. 7 January 1, 2022 7-8
19221922 Sec. 8 January 1, 2022 1-232
19231923 Sec. 9 from passage 4-124s
19241924 Sec. 10 from passage 8-31b(b)
19251925 Sec. 11 July 1, 2021 4-66k
19261926 Sec. 12 July 1, 2021 4-66r
19271927 Sec. 13 July 1, 2021 4-66l
19281928 Sec. 14 July 1, 2021 New section
19291929 Sec. 15 July 1, 2021 32-37(a)
19301930
1931+Statement of Legislative Commissioners:
1932+In Section 6, citations to section 1-200 were inserted after "electronic
1933+equipment" for clarity.
19311934
19321935 PD Joint Favorable Subst.
1933-APP Joint Favorable
19341936