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7 | 7 | | General Assembly Substitute Bill No. 6448 |
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8 | 8 | | January Session, 2021 |
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13 | 13 | | |
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14 | 14 | | AN ACT CONCERNING AC CESS TO LOCAL GOVERN MENT, THE |
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15 | 15 | | MODERNIZATION OF LOC AL GOVERNMENT OPERAT IONS, |
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16 | 16 | | REGIONAL COUNCILS OF GOVERNMENT AND THE PROVISION OF |
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17 | 17 | | OUTDOOR DINING. |
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18 | 18 | | Be it enacted by the Senate and House of Representatives in General |
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19 | 19 | | Assembly convened: |
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20 | 20 | | |
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21 | 21 | | Section 1. Section 1-200 of the general statutes is repealed and the 1 |
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22 | 22 | | following is substituted in lieu thereof (Effective July 1, 2021): 2 |
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23 | 23 | | As used in this chapter, the following words and phrases shall have 3 |
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24 | 24 | | the following meanings, except where such terms are used in a context 4 |
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25 | 25 | | which clearly indicates the contrary: 5 |
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26 | 26 | | (1) "Public agency" or "agency" means: 6 |
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27 | 27 | | (A) Any executive, administrative or legislative office of the state or 7 |
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28 | 28 | | any political subdivision of the state and any state or town agency, any 8 |
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29 | 29 | | department, institution, bureau, board, commission, authority or official 9 |
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30 | 30 | | of the state or of any city, town, borough, municipal corporation, school 10 |
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31 | 31 | | district, regional district or other district or other political subdivision of 11 |
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32 | 32 | | the state, including any committee of, or created by, any such office, 12 |
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33 | 33 | | subdivision, agency, department, institution, bureau, board, 13 |
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34 | 34 | | commission, authority or official, and also includes any judicial office, 14 |
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35 | 35 | | official, or body or committee thereof but only with respect to its or their 15 Substitute Bill No. 6448 |
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42 | 42 | | administrative functions, and for purposes of this subparagraph, 16 |
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43 | 43 | | "judicial office" includes, but is not limited to, the Division of Public 17 |
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44 | 44 | | Defender Services; 18 |
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45 | 45 | | (B) Any person to the extent such person is deemed to be the 19 |
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46 | 46 | | functional equivalent of a public agency pursuant to law; or 20 |
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47 | 47 | | (C) Any "implementing agency", as defined in section 32-222. 21 |
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48 | 48 | | (2) "Meeting" means any hearing or other proceeding of a public 22 |
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49 | 49 | | agency, any convening or assembly of a quorum of a multimember 23 |
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50 | 50 | | public agency, and any communication by or to a quorum of a 24 |
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51 | 51 | | multimember public agency, whether in person or by means of 25 |
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52 | 52 | | electronic equipment, to discuss or act upon a matter over which the 26 |
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53 | 53 | | public agency has supervision, control, jurisdiction or advisory power. 27 |
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54 | 54 | | "Meeting" does not include: Any meeting of a personnel search 28 |
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55 | 55 | | committee for executive level employment candidates; any chance 29 |
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56 | 56 | | meeting, or a social meeting neither planned nor intended for the 30 |
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57 | 57 | | purpose of discussing matters relating to official business; strategy or 31 |
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58 | 58 | | negotiations with respect to collective bargaining; a caucus of members 32 |
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59 | 59 | | of a single political party notwithstanding that such members also 33 |
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60 | 60 | | constitute a quorum of a public agency; an administrative or staff 34 |
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61 | 61 | | meeting of a single-member public agency; and communication limited 35 |
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62 | 62 | | to notice of meetings of any public agency or the agendas thereof. A 36 |
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63 | 63 | | quorum of the members of a public agency who are present at any event 37 |
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64 | 64 | | which has been noticed and conducted as a meeting of another public 38 |
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65 | 65 | | agency under the provisions of the Freedom of Information Act shall not 39 |
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66 | 66 | | be deemed to be holding a meeting of the public agency of which they 40 |
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67 | 67 | | are members as a result of their presence at such event. 41 |
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68 | 68 | | (3) "Caucus" means (A) a convening or assembly of the enrolled 42 |
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69 | 69 | | members of a single political party who are members of a public agency 43 |
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70 | 70 | | within the state or a political subdivision, or (B) the members of a 44 |
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71 | 71 | | multimember public agency, which members constitute a majority of 45 |
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72 | 72 | | the membership of the agency, or the other members of the agency who 46 |
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73 | 73 | | constitute a minority of the membership of the agency, who register 47 Substitute Bill No. 6448 |
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80 | 80 | | their intention to be considered a majority caucus or minority caucus, as 48 |
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81 | 81 | | the case may be, for the purposes of the Freedom of Information Act, 49 |
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82 | 82 | | provided (i) the registration is made with the office of the Secretary of 50 |
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83 | 83 | | the State for any such public agency of the state, in the office of the clerk 51 |
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84 | 84 | | of a political subdivision of the state for any public agency of a political 52 |
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85 | 85 | | subdivision of the state, or in the office of the clerk of each municipal 53 |
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86 | 86 | | member of any multitown district or agency, (ii) no member is 54 |
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87 | 87 | | registered in more than one caucus at any one time, (iii) no such 55 |
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88 | 88 | | member's registration is rescinded during the member's remaining term 56 |
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89 | 89 | | of office, and (iv) a member may remain a registered member of the 57 |
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90 | 90 | | majority caucus or minority caucus regardless of whether the member 58 |
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91 | 91 | | changes his or her party affiliation under chapter 143. 59 |
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92 | 92 | | (4) "Person" means natural person, partnership, corporation, limited 60 |
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93 | 93 | | liability company, association or society. 61 |
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94 | 94 | | (5) "Public records or files" means any recorded data or information 62 |
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95 | 95 | | relating to the conduct of the public's business prepared, owned, used, 63 |
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96 | 96 | | received or retained by a public agency, or to which a public agency is 64 |
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97 | 97 | | entitled to receive a copy by law or contract under section 1-218, 65 |
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98 | 98 | | whether such data or information be handwritten, typed, tape-recorded, 66 |
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99 | 99 | | videotaped, printed, photostated, photographed or recorded by any 67 |
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100 | 100 | | other method. 68 |
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101 | 101 | | (6) "Executive sessions" means a meeting of a public agency at which 69 |
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102 | 102 | | the public is excluded for one or more of the following purposes: (A) 70 |
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103 | 103 | | Discussion concerning the appointment, employment, performance, 71 |
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104 | 104 | | evaluation, health or dismissal of a public officer or employee, provided 72 |
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105 | 105 | | that such individual may require that discussion be held at an open 73 |
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106 | 106 | | meeting; (B) strategy and negotiations with respect to pending claims or 74 |
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107 | 107 | | pending litigation to which the public agency or a member thereof, 75 |
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108 | 108 | | because of the member's conduct as a member of such agency, is a party 76 |
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109 | 109 | | until such litigation or claim has been finally adjudicated or otherwise 77 |
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110 | 110 | | settled; (C) matters concerning security strategy or the deployment of 78 |
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111 | 111 | | security personnel, or devices affecting public security; (D) discussion 79 |
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112 | 112 | | 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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119 | 119 | | state or a political subdivision of the state when publicity regarding such 81 |
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120 | 120 | | site, lease, sale, purchase or construction would adversely impact the 82 |
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121 | 121 | | price of such site, lease, sale, purchase or construction until such time as 83 |
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122 | 122 | | all of the property has been acquired or all proceedings or transactions 84 |
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123 | 123 | | concerning same have been terminated or abandoned; and (E) 85 |
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124 | 124 | | discussion of any matter which would result in the disclosure of public 86 |
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125 | 125 | | records or the information contained therein described in subsection (b) 87 |
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126 | 126 | | of section 1-210. 88 |
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127 | 127 | | (7) "Personnel search committee" means a body appointed by a public 89 |
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128 | 128 | | agency, whose sole purpose is to recommend to the appointing agency 90 |
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129 | 129 | | a candidate or candidates for an executive-level employment position. 91 |
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130 | 130 | | Members of a "personnel search committee" shall not be considered in 92 |
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131 | 131 | | determining whether there is a quorum of the appointing or any other 93 |
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132 | 132 | | public agency. 94 |
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133 | 133 | | (8) "Pending claim" means a written notice to an agency which sets 95 |
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134 | 134 | | forth a demand for legal relief or which asserts a legal right stating the 96 |
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135 | 135 | | intention to institute an action in an appropriate forum if such relief or 97 |
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136 | 136 | | right is not granted. 98 |
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137 | 137 | | (9) "Pending litigation" means (A) a written notice to an agency which 99 |
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138 | 138 | | sets forth a demand for legal relief or which asserts a legal right stating 100 |
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139 | 139 | | the intention to institute an action before a court if such relief or right is 101 |
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140 | 140 | | not granted by the agency; (B) the service of a complaint against an 102 |
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141 | 141 | | agency returnable to a court which seeks to enforce or implement legal 103 |
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142 | 142 | | relief or a legal right; or (C) the agency's consideration of action to 104 |
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143 | 143 | | enforce or implement legal relief or a legal right. 105 |
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144 | 144 | | (10) "Freedom of Information Act" means this chapter. 106 |
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145 | 145 | | (11) "Governmental function" means the administration or 107 |
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146 | 146 | | management of a program of a public agency, which program has been 108 |
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147 | 147 | | authorized by law to be administered or managed by a person, where 109 |
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148 | 148 | | (A) the person receives funding from the public agency for 110 |
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149 | 149 | | administering or managing the program, (B) the public agency is 111 Substitute Bill No. 6448 |
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156 | 156 | | involved in or regulates to a significant extent such person's 112 |
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157 | 157 | | administration or management of the program, whether or not such 113 |
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158 | 158 | | involvement or regulation is direct, pervasive, continuous or day-to-114 |
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159 | 159 | | day, and (C) the person participates in the formulation of governmental 115 |
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160 | 160 | | policies or decisions in connection with the administration or 116 |
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161 | 161 | | management of the program and such policies or decisions bind the 117 |
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162 | 162 | | public agency. "Governmental function" shall not include the mere 118 |
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163 | 163 | | provision of goods or services to a public agency without the delegated 119 |
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164 | 164 | | responsibility to administer or manage a program of a public agency. 120 |
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165 | 165 | | (12) "Electronic equipment" means any technology that facilitates 121 |
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166 | 166 | | real-time public access to meetings, including, but not limited to, 122 |
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167 | 167 | | telephonic, video or other conferencing platforms. 123 |
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168 | 168 | | (13) "Electronic transmission" means any form or process of 124 |
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169 | 169 | | communication not directly involving the physical transfer of paper or 125 |
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170 | 170 | | another tangible medium, which (A) is capable of being retained, 126 |
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171 | 171 | | retrieved and reproduced by the recipient, and (B) is retrievable in paper 127 |
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172 | 172 | | form by the recipient. 128 |
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173 | 173 | | Sec. 2. Section 1-206 of the general statutes is repealed and the 129 |
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174 | 174 | | following is substituted in lieu thereof (Effective July 1, 2021): 130 |
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175 | 175 | | (a) Any denial of the right to inspect or copy records provided for 131 |
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176 | 176 | | under section 1-210 shall be made to the person requesting such right 132 |
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177 | 177 | | by the public agency official who has custody or control of the public 133 |
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178 | 178 | | record, in writing, within four business days of such request, except 134 |
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179 | 179 | | when the request is determined to be subject to subsections (b) and (c) 135 |
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180 | 180 | | of section 1-214, in which case such denial shall be made, in writing, 136 |
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181 | 181 | | within ten business days of such request. Failure to comply with a 137 |
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182 | 182 | | request to so inspect or copy such public record within the applicable 138 |
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183 | 183 | | number of business days shall be deemed to be a denial. 139 |
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184 | 184 | | (b) (1) Any person denied the right to inspect or copy records under 140 |
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185 | 185 | | section 1-210 or wrongfully denied the right to attend any meeting of a 141 |
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186 | 186 | | public agency or denied any other right conferred by the Freedom of 142 Substitute Bill No. 6448 |
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193 | 193 | | Information Act may appeal therefrom to the Freedom of Information 143 |
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194 | 194 | | Commission, by filing a notice of appeal with said commission. A notice 144 |
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195 | 195 | | of appeal shall be filed not later than thirty days after such denial, except 145 |
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196 | 196 | | in the case of an unnoticed or secret meeting, in which case the appeal 146 |
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197 | 197 | | shall be filed not later than thirty days after the person filing the appeal 147 |
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198 | 198 | | receives actual or constructive notice that such meeting was held. For 148 |
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199 | 199 | | purposes of this subsection, such notice of appeal shall be deemed to be 149 |
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200 | 200 | | filed on the date it is received by said commission or on the date it is 150 |
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201 | 201 | | postmarked, if received more than thirty days after the date of the denial 151 |
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202 | 202 | | from which such appeal is taken. Upon receipt of such notice, the 152 |
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203 | 203 | | commission shall serve upon all parties, by certified or registered mail 153 |
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204 | 204 | | or by electronic transmission, a copy of such notice together with any 154 |
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205 | 205 | | other notice or order of such commission. In the case of the denial of a 155 |
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206 | 206 | | request to inspect or copy records contained in a public employee's 156 |
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207 | 207 | | personnel or medical file or similar file under subsection (c) of section 1-157 |
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208 | 208 | | 214, the commission shall include with its notice or order an order 158 |
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209 | 209 | | requiring the public agency to notify any employee whose records are 159 |
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210 | 210 | | the subject of an appeal, and the employee's collective bargaining 160 |
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211 | 211 | | representative, if any, of the commission's proceedings and, if any such 161 |
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212 | 212 | | employee or collective bargaining representative has filed an objection 162 |
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213 | 213 | | under said subsection (c), the agency shall provide the required notice 163 |
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214 | 214 | | to such employee and collective bargaining representative by certified 164 |
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215 | 215 | | mail, return receipt requested, electronic transmission or by hand 165 |
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216 | 216 | | delivery with a signed receipt. A public employee whose personnel or 166 |
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217 | 217 | | medical file or similar file is the subject of an appeal under this 167 |
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218 | 218 | | subsection may intervene as a party in the proceedings on the matter 168 |
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219 | 219 | | before the commission. Said commission shall, after due notice to the 169 |
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220 | 220 | | parties, hear and decide the appeal within one year after the filing of the 170 |
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221 | 221 | | notice of appeal. The commission shall adopt regulations in accordance 171 |
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222 | 222 | | with chapter 54, establishing criteria for those appeals which shall be 172 |
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223 | 223 | | privileged in their assignment for hearing. Any such appeal shall be 173 |
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224 | 224 | | heard not later than thirty days after receipt of a notice of appeal and 174 |
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225 | 225 | | decided not later than sixty days after the hearing. If a notice of appeal 175 |
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226 | 226 | | concerns an announced agency decision to meet in executive session or 176 |
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227 | 227 | | an ongoing agency practice of meeting in executive sessions, for a stated 177 Substitute Bill No. 6448 |
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234 | 234 | | purpose, the commission or a member or members of the commission 178 |
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235 | 235 | | designated by its chairperson shall serve notice upon the parties in 179 |
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236 | 236 | | accordance with this section and hold a preliminary hearing on the 180 |
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237 | 237 | | appeal not later than seventy-two hours after receipt of the notice, 181 |
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238 | 238 | | provided such notice shall be given to the parties at least forty-eight 182 |
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239 | 239 | | hours prior to such hearing. During such preliminary hearing, the 183 |
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240 | 240 | | commission shall take evidence and receive testimony from the parties. 184 |
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241 | 241 | | If after the preliminary hearing the commission finds probable cause to 185 |
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242 | 242 | | believe that the agency decision or practice is in violation of sections 1-186 |
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243 | 243 | | 200, as amended by this act, and 1-225, as amended by this act, the 187 |
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244 | 244 | | agency shall not meet in executive session for such purpose until the 188 |
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245 | 245 | | commission decides the appeal. If probable cause is found by the 189 |
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246 | 246 | | commission, it shall conduct a final hearing on the appeal and render its 190 |
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247 | 247 | | decision not later than five days after the completion of the preliminary 191 |
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248 | 248 | | hearing. Such decision shall specify the commission's findings of fact 192 |
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249 | 249 | | and conclusions of law. 193 |
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250 | 250 | | (2) In any appeal to the Freedom of Information Commission under 194 |
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251 | 251 | | subdivision (1) of this subsection or subsection (c) of this section, the 195 |
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252 | 252 | | commission may confirm the action of the agency or order the agency 196 |
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253 | 253 | | to provide relief that the commission, in its discretion, believes 197 |
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254 | 254 | | appropriate to rectify the denial of any right conferred by the Freedom 198 |
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255 | 255 | | of Information Act. The commission may declare null and void any 199 |
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256 | 256 | | action taken at any meeting which a person was denied the right to 200 |
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257 | 257 | | attend and may require the production or copying of any public record. 201 |
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258 | 258 | | In addition, upon the finding that a denial of any right created by the 202 |
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259 | 259 | | Freedom of Information Act was without reasonable grounds and after 203 |
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260 | 260 | | the custodian or other official directly responsible for the denial has 204 |
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261 | 261 | | been given an opportunity to be heard at a hearing conducted in 205 |
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262 | 262 | | accordance with sections 4-176e to 4-184, inclusive, the commission 206 |
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263 | 263 | | may, in its discretion, impose against the custodian or other official a 207 |
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264 | 264 | | civil penalty of not less than twenty dollars nor more than one thousand 208 |
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265 | 265 | | dollars. If the commission finds that a person has taken an appeal under 209 |
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266 | 266 | | this subsection frivolously, without reasonable grounds and solely for 210 |
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267 | 267 | | the purpose of harassing the agency from which the appeal has been 211 Substitute Bill No. 6448 |
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274 | 274 | | taken, after such person has been given an opportunity to be heard at a 212 |
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275 | 275 | | hearing conducted in accordance with sections 4-176e to 4-184, 213 |
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276 | 276 | | inclusive, the commission may, in its discretion, impose against that 214 |
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277 | 277 | | person a civil penalty of not less than twenty dollars nor more than one 215 |
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278 | 278 | | thousand dollars. The commission shall notify a person of a penalty 216 |
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279 | 279 | | levied against him pursuant to this subsection by written notice sent by 217 |
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280 | 280 | | certified or registered mail or electronic transmission. If a person fails to 218 |
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281 | 281 | | pay the penalty within thirty days of receiving such notice, the Superior 219 |
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282 | 282 | | Court shall, on application of the commission, issue an order requiring 220 |
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283 | 283 | | the person to pay the penalty imposed. If the executive director of the 221 |
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284 | 284 | | commission has reason to believe an appeal under subdivision (1) of this 222 |
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285 | 285 | | subsection or subsection (c) of this section (A) presents a claim beyond 223 |
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286 | 286 | | the commission's jurisdiction; (B) would perpetrate an injustice; or (C) 224 |
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287 | 287 | | would constitute an abuse of the commission's administrative process, 225 |
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288 | 288 | | the executive director shall not schedule the appeal for hearing without 226 |
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289 | 289 | | first seeking and obtaining leave of the commission. The commission 227 |
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290 | 290 | | shall provide due notice to the parties and review affidavits and written 228 |
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291 | 291 | | argument that the parties may submit and grant or deny such leave 229 |
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292 | 292 | | summarily at its next regular meeting. The commission shall grant such 230 |
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293 | 293 | | leave unless it finds that the appeal: (i) Does not present a claim within 231 |
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294 | 294 | | the commission's jurisdiction; (ii) would perpetrate an injustice; or (iii) 232 |
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295 | 295 | | would constitute an abuse of the commission's administrative process. 233 |
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296 | 296 | | Any party aggrieved by the commission's denial of such leave may 234 |
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297 | 297 | | apply to the superior court for the judicial district of New Britain, within 235 |
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298 | 298 | | fifteen days of the commission meeting at which such leave was denied, 236 |
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299 | 299 | | for an order requiring the commission to hear such appeal. 237 |
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300 | 300 | | (3) In making the findings and determination under subdivision (2) 238 |
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301 | 301 | | of this subsection the commission shall consider the nature of any 239 |
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302 | 302 | | injustice or abuse of administrative process, including but not limited 240 |
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303 | 303 | | to: (A) The nature, content, language or subject matter of the request or 241 |
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304 | 304 | | the appeal, including, among other factors, whether the request or 242 |
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305 | 305 | | appeal is repetitious or cumulative; (B) the nature, content, language or 243 |
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306 | 306 | | subject matter of prior or contemporaneous requests or appeals by the 244 |
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307 | 307 | | person making the request or taking the appeal; (C) the nature, content, 245 Substitute Bill No. 6448 |
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314 | 314 | | language or subject matter of other verbal and written communications 246 |
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315 | 315 | | to any agency or any official of any agency from the person making the 247 |
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316 | 316 | | request or taking the appeal; (D) any history of nonappearance at 248 |
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317 | 317 | | commission proceedings or disruption of the commission's 249 |
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318 | 318 | | administrative process, including, but not limited to, delaying 250 |
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319 | 319 | | commission proceedings; and (E) the refusal to participate in settlement 251 |
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320 | 320 | | conferences conducted by a commission ombudsman in accordance 252 |
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321 | 321 | | with the commission's regulations. 253 |
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322 | 322 | | (4) Notwithstanding any provision of this subsection to the contrary, 254 |
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323 | 323 | | in the case of an appeal to the commission of a denial by a public agency, 255 |
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324 | 324 | | the commission may, upon motion of such agency, confirm the action of 256 |
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325 | 325 | | the agency and dismiss the appeal without a hearing if it finds, after 257 |
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326 | 326 | | examining the notice of appeal and construing all allegations most 258 |
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327 | 327 | | favorably to the appellant, that (A) the agency has not violated the 259 |
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328 | 328 | | Freedom of Information Act, or (B) the agency has committed a technical 260 |
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329 | 329 | | violation of the Freedom of Information Act that constitutes a harmless 261 |
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330 | 330 | | error that does not infringe the appellant's rights under said act. 262 |
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331 | 331 | | (5) Notwithstanding any provision of this subsection, a public agency 263 |
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332 | 332 | | may petition the commission for relief from a requester that the public 264 |
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333 | 333 | | agency alleges is a vexatious requester. Such petition shall be sworn 265 |
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334 | 334 | | under penalty of false statement, as provided in section 53a-157b, and 266 |
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335 | 335 | | shall detail the conduct which the agency alleges demonstrates a 267 |
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336 | 336 | | vexatious history of requests, including, but not limited to: (A) The 268 |
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337 | 337 | | number of requests filed and the total number of pending requests; (B) 269 |
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338 | 338 | | the scope of the requests; (C) the nature, content, language or subject 270 |
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339 | 339 | | matter of the requests; (D) the nature, content, language or subject 271 |
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340 | 340 | | matter of other oral and written communications to the agency from the 272 |
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341 | 341 | | requester; and (E) a pattern of conduct that amounts to an abuse of the 273 |
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342 | 342 | | right to access information under the Freedom of Information Act or an 274 |
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343 | 343 | | interference with the operation of the agency. Upon receipt of such 275 |
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344 | 344 | | petition, the executive director of the commission shall review the 276 |
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345 | 345 | | petition and determine whether it warrants a hearing. If the executive 277 |
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346 | 346 | | director determines that a hearing is not warranted, the executive 278 Substitute Bill No. 6448 |
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353 | 353 | | director shall recommend that the commission deny the petition 279 |
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354 | 354 | | without a hearing. The commission shall vote at its next regular meeting 280 |
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355 | 355 | | after such recommendation to accept or reject such recommendation 281 |
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356 | 356 | | and, after such meeting, shall issue a written explanation of the reasons 282 |
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357 | 357 | | for such acceptance or rejection. If the executive director determines that 283 |
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358 | 358 | | a hearing is warranted, the commission shall serve upon all parties, by 284 |
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359 | 359 | | certified or registered mail or electronic transmission, a copy of such 285 |
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360 | 360 | | petition together with any other notice or order of the commission. The 286 |
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361 | 361 | | commission shall, after due notice to the parties, hear and either grant 287 |
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362 | 362 | | or deny the petition within one year after its filing. Upon a grant of such 288 |
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363 | 363 | | petition, the commission may provide appropriate relief commensurate 289 |
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364 | 364 | | with the vexatious conduct, including, but not limited to, an order that 290 |
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365 | 365 | | the agency need not comply with future requests from the vexatious 291 |
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366 | 366 | | requester for a specified period of time, but not to exceed one year. Any 292 |
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367 | 367 | | party aggrieved by the commission's granting of such petition may 293 |
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368 | 368 | | apply to the superior court for the judicial district of New Britain, within 294 |
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369 | 369 | | fifteen days of the commission meeting at which such petition was 295 |
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370 | 370 | | granted, for an order reversing the commission's decision. 296 |
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371 | 371 | | (c) Any person who does not receive proper notice of any meeting of 297 |
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372 | 372 | | a public agency in accordance with the provisions of the Freedom of 298 |
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373 | 373 | | Information Act may appeal under the provisions of subsection (b) of 299 |
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374 | 374 | | this section. A public agency of the state shall be presumed to have given 300 |
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375 | 375 | | timely and proper notice of any meeting as provided for in said 301 |
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376 | 376 | | Freedom of Information Act if notice is given in the Connecticut Law 302 |
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377 | 377 | | Journal or a Legislative Bulletin. A public agency of a political 303 |
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378 | 378 | | subdivision shall be presumed to have given proper notice of any 304 |
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379 | 379 | | meeting, if a notice is timely sent under the provisions of said Freedom 305 |
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380 | 380 | | of Information Act by (1) first-class mail to the address, or (2) electronic 306 |
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381 | 381 | | transmission to the information processing system, as defined in section 307 |
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382 | 382 | | 1-267, indicated in the request of the person requesting the same. If such 308 |
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383 | 383 | | commission determines that notice was improper, it may, in its sound 309 |
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384 | 384 | | discretion, declare any or all actions taken at such meeting null and 310 |
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385 | 385 | | void. 311 Substitute Bill No. 6448 |
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386 | 386 | | |
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391 | 391 | | |
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392 | 392 | | (d) Any party aggrieved by the decision of said commission may 312 |
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393 | 393 | | appeal therefrom, in accordance with the provisions of section 4-183. 313 |
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394 | 394 | | Notwithstanding the provisions of section 4-183, in any such appeal of 314 |
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395 | 395 | | a decision of the commission, the court may conduct an in camera 315 |
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396 | 396 | | review of the original or a certified copy of the records which are at issue 316 |
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397 | 397 | | in the appeal but were not included in the record of the commission's 317 |
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398 | 398 | | proceedings, admit the records into evidence and order the records to 318 |
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399 | 399 | | be sealed or inspected on such terms as the court deems fair and 319 |
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400 | 400 | | appropriate, during the appeal. The commission shall have standing to 320 |
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401 | 401 | | defend, prosecute or otherwise participate in any appeal of any of its 321 |
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402 | 402 | | decisions and to take an appeal from any judicial decision overturning 322 |
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403 | 403 | | or modifying a decision of the commission. If aggrievement is a 323 |
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404 | 404 | | jurisdictional prerequisite to the commission taking any such appeal, 324 |
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405 | 405 | | the commission shall be deemed to be aggrieved. Notwithstanding the 325 |
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406 | 406 | | provisions of section 3-125, legal counsel employed or retained by said 326 |
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407 | 407 | | commission shall represent said commission in all such appeals and in 327 |
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408 | 408 | | any other litigation affecting said commission. Notwithstanding the 328 |
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409 | 409 | | provisions of subsection (c) of section 4-183 and section 52-64, all process 329 |
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410 | 410 | | shall be served upon said commission at its office. Any appeal taken 330 |
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411 | 411 | | pursuant to this section shall be privileged in respect to its assignment 331 |
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412 | 412 | | for trial over all other actions except writs of habeas corpus and actions 332 |
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413 | 413 | | brought by or on behalf of the state, including informations on the 333 |
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414 | 414 | | relation of private individuals. Nothing in this section shall deprive any 334 |
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415 | 415 | | party of any rights he may have had at common law prior to January 1, 335 |
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416 | 416 | | 1958. If the court finds that any appeal taken pursuant to this section or 336 |
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417 | 417 | | section 4-183 is frivolous or taken solely for the purpose of delay, it shall 337 |
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418 | 418 | | order the party responsible therefor to pay to the party injured by such 338 |
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419 | 419 | | frivolous or dilatory appeal costs or attorney's fees of not more than one 339 |
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420 | 420 | | thousand dollars. Such order shall be in addition to any other remedy 340 |
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421 | 421 | | or disciplinary action required or permitted by statute or by rules of 341 |
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422 | 422 | | court. 342 |
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423 | 423 | | (e) Within sixty days after the filing of a notice of appeal alleging 343 |
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424 | 424 | | violation of any right conferred by the Freedom of Information Act 344 |
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425 | 425 | | concerning records of the Department of Energy and Environmental 345 Substitute Bill No. 6448 |
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431 | 431 | | |
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432 | 432 | | Protection relating to the state's hazardous waste program under 346 |
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433 | 433 | | sections 22a-448 to 22a-454, inclusive, the Freedom of Information 347 |
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434 | 434 | | Commission shall, after notice to the parties, hear and decide the appeal. 348 |
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435 | 435 | | Failure by the commission to hear and decide the appeal within such 349 |
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436 | 436 | | sixty-day period shall constitute a final decision denying such appeal 350 |
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437 | 437 | | for purposes of this section and section 4-183. On appeal, the court may, 351 |
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438 | 438 | | in addition to any other powers conferred by law, order the disclosure 352 |
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439 | 439 | | of any such records withheld in violation of the Freedom of Information 353 |
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440 | 440 | | Act and may assess against the state reasonable attorney's fees and other 354 |
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441 | 441 | | litigation costs reasonably incurred in an appeal in which the 355 |
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442 | 442 | | complainant has prevailed against the Department of Energy and 356 |
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443 | 443 | | Environmental Protection. 357 |
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444 | 444 | | Sec. 3. Section 1-225 of the general statutes is repealed and the 358 |
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445 | 445 | | following is substituted in lieu thereof (Effective July 1, 2021): 359 |
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446 | 446 | | (a) The meetings of all public agencies, except executive sessions, as 360 |
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447 | 447 | | defined in subdivision (6) of section 1-200, as amended by this act, shall 361 |
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448 | 448 | | be open to the public and accessible to the public by means of electronic 362 |
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449 | 449 | | equipment. If two or more members of a public agency conduct a 363 |
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450 | 450 | | meeting in person, members of the public shall be permitted to attend 364 |
---|
451 | 451 | | such meeting in person. Any public agency that conducts a meeting, 365 |
---|
452 | 452 | | other than an executive session or emergency special meeting, as 366 |
---|
453 | 453 | | described in this section, solely by means of electronic equipment, shall 367 |
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454 | 454 | | provide any member of the public (1) upon written request submitted 368 |
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455 | 455 | | not less than twenty-four hours prior to such meeting, a physical 369 |
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456 | 456 | | location and any electronic equipment necessary to attend such meeting 370 |
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457 | 457 | | in real-time, and (2) the same opportunities to provide comment or 371 |
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458 | 458 | | testimony, vote and otherwise participate in such meeting that such 372 |
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459 | 459 | | member of the public would be accorded if such meeting were held in 373 |
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460 | 460 | | person. Nothing in this subsection shall be construed to require a public 374 |
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461 | 461 | | agency to offer members of the public who attend a meeting by means 375 |
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462 | 462 | | of electronic equipment the opportunity for public comment or 376 |
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463 | 463 | | testimony, voting or other participation if the provision of such 377 |
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464 | 464 | | opportunity is not required by law for members of the public who 378 Substitute Bill No. 6448 |
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470 | 470 | | |
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471 | 471 | | attend such a meeting in person. 379 |
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472 | 472 | | (b) The votes of each member of any such public agency upon any 380 |
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473 | 473 | | issue before such public agency shall be reduced to writing, [and] made 381 |
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474 | 474 | | available for public inspection within forty-eight hours and [shall also 382 |
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475 | 475 | | be] recorded in the minutes of the [session] meeting at which taken. Any 383 |
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476 | 476 | | vote taken at a meeting during which any member participates by 384 |
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477 | 477 | | means of electronic equipment shall be taken by roll call. Such minutes 385 |
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478 | 478 | | shall record a list of members that attended such meeting in person and 386 |
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479 | 479 | | a list of members that attended such meeting by means of electronic 387 |
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480 | 480 | | equipment. Not later than seven days after the date of the [session] 388 |
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481 | 481 | | meeting to which such minutes refer, such minutes shall be available for 389 |
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482 | 482 | | public inspection and posted on such public agency's Internet web site, 390 |
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483 | 483 | | if available, except that no public agency of a political subdivision of the 391 |
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484 | 484 | | state shall be required to post such minutes on an Internet web site. Each 392 |
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485 | 485 | | public agency shall make, keep and maintain a record of the 393 |
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486 | 486 | | proceedings of its meetings. 394 |
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487 | 487 | | [(b)] (c) Each such public agency of the state shall file not later than 395 |
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488 | 488 | | January thirty-first of each year in the office of the Secretary of the State 396 |
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489 | 489 | | the schedule of the regular meetings of such public agency for the 397 |
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490 | 490 | | ensuing year and shall post such schedule on such public agency's 398 |
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491 | 491 | | Internet web site, if available, except that such requirements shall not 399 |
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492 | 492 | | apply to the General Assembly, either house thereof or to any committee 400 |
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493 | 493 | | thereof. Any other provision of the Freedom of Information Act 401 |
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494 | 494 | | notwithstanding, the General Assembly at the commencement of each 402 |
---|
495 | 495 | | regular session in the odd-numbered years, shall adopt, as part of its 403 |
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496 | 496 | | joint rules, rules to provide notice to the public of its regular, special, 404 |
---|
497 | 497 | | emergency or interim committee meetings. The chairperson or secretary 405 |
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498 | 498 | | of any such public agency of any political subdivision of the state shall 406 |
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499 | 499 | | file, not later than January thirty-first of each year, with the clerk of such 407 |
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500 | 500 | | subdivision the schedule of regular meetings of such public agency for 408 |
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501 | 501 | | the ensuing year, and no such meeting of any such public agency shall 409 |
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502 | 502 | | be held sooner than thirty days after such schedule has been filed. The 410 |
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503 | 503 | | chief executive officer of any multitown district or agency shall file, not 411 Substitute Bill No. 6448 |
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504 | 504 | | |
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509 | 509 | | |
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510 | 510 | | later than January thirty-first of each year, with the clerk of each 412 |
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511 | 511 | | municipal member of such district or agency, the schedule of regular 413 |
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512 | 512 | | meetings of such public agency for the ensuing year, and no such 414 |
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513 | 513 | | meeting of any such public agency shall be held sooner than thirty days 415 |
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514 | 514 | | after such schedule has been filed. 416 |
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515 | 515 | | [(c)] (d) The agenda of [the regular meetings of every] any regular 417 |
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516 | 516 | | meeting of a public agency, except for the General Assembly, shall be 418 |
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517 | 517 | | available to the public and shall be filed, not less than twenty-four hours 419 |
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518 | 518 | | before the [meetings] meeting to which [they refer,] it refers (1) in such 420 |
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519 | 519 | | agency's regular office or place of business, [and] (2) in the office and on 421 |
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520 | 520 | | the Internet web site of the Secretary of the State for any such public 422 |
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521 | 521 | | agency of the state, in the office of the clerk of such subdivision for any 423 |
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522 | 522 | | public agency of a political subdivision of the state or in the office of the 424 |
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523 | 523 | | clerk of each municipal member of any multitown district or agency, [. 425 |
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524 | 524 | | For any such public agency of the state, such agenda shall be posted on 426 |
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525 | 525 | | the public agency's and the Secretary of the State's web sites] and (3) on 427 |
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526 | 526 | | such public agency's Internet web site, if such public agency maintains 428 |
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527 | 527 | | an Internet web site. If such public agency maintains an Internet web 429 |
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528 | 528 | | site, not less than twenty-four hours before such meeting, such public 430 |
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529 | 529 | | agency shall post on its Internet web site (A) any records subject to 431 |
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530 | 530 | | disclosure pursuant to subsection (a) of section 1-210 that were prepared 432 |
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531 | 531 | | prior to the meeting by such public agency or any party to a matter on 433 |
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532 | 532 | | the meeting agenda that will be introduced by a member of such public 434 |
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533 | 533 | | agency or such public agency's staff during such meeting, including, but 435 |
---|
534 | 534 | | not limited to, applications before such public agency, and (B) 436 |
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535 | 535 | | instructions for the public to, by means of electronic equipment or in 437 |
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536 | 536 | | person, attend and provide comment, vote or otherwise participate in 438 |
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537 | 537 | | such meeting, as applicable. Upon the affirmative vote of two-thirds of 439 |
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538 | 538 | | the members of a public agency present and voting, any subsequent 440 |
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539 | 539 | | business not included in such filed [agendas] agenda may be considered 441 |
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540 | 540 | | and acted upon at such meetings. 442 |
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541 | 541 | | [(d)] (e) Notice of each special meeting of every public agency, except 443 |
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542 | 542 | | for the General Assembly, either house thereof or any committee 444 Substitute Bill No. 6448 |
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543 | 543 | | |
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548 | 548 | | |
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549 | 549 | | thereof, shall be posted not less than twenty-four hours before the 445 |
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550 | 550 | | meeting to which such notice refers on the public agency's Internet web 446 |
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551 | 551 | | site, if available, and given not less than twenty-four hours prior to the 447 |
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552 | 552 | | time of such meeting by filing a notice of the time and place thereof in 448 |
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553 | 553 | | the office of the Secretary of the State for any such public agency of the 449 |
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554 | 554 | | state, in the office of the clerk of such subdivision for any public agency 450 |
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555 | 555 | | of a political subdivision of the state and in the office of the clerk of each 451 |
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556 | 556 | | municipal member for any multitown district or agency. The secretary 452 |
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557 | 557 | | or clerk shall cause any notice received under this section to be posted 453 |
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558 | 558 | | in his office. Such notice shall be given not less than twenty-four hours 454 |
---|
559 | 559 | | prior to the time of the special meeting; provided, in case of emergency, 455 |
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560 | 560 | | except for the General Assembly, either house thereof or any committee 456 |
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561 | 561 | | thereof, any such special meeting may be held without complying with 457 |
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562 | 562 | | the foregoing requirement for the filing of notice but a copy of the 458 |
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563 | 563 | | minutes of every such emergency special meeting adequately setting 459 |
---|
564 | 564 | | forth the nature of the emergency and the proceedings occurring at such 460 |
---|
565 | 565 | | meeting shall be filed with the Secretary of the State, the clerk of such 461 |
---|
566 | 566 | | political subdivision, or the clerk of each municipal member of such 462 |
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567 | 567 | | multitown district or agency, as the case may be, not later than seventy-463 |
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568 | 568 | | two hours following the holding of such meeting. The notice shall (1) 464 |
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569 | 569 | | specify the time and place of the special meeting, [and] (2) specify the 465 |
---|
570 | 570 | | business to be transacted, and (3) include instructions for the public to, 466 |
---|
571 | 571 | | by means of electronic equipment or in person, attend and provide 467 |
---|
572 | 572 | | comment, vote or otherwise participate in the special meeting, as 468 |
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573 | 573 | | applicable and permitted by law. Nothing in this subsection shall be 469 |
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574 | 574 | | construed to require a public agency to offer the opportunity for public 470 |
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575 | 575 | | comment or testimony, voting or other participation if the provision of 471 |
---|
576 | 576 | | such opportunity is not required by law. No other business shall be 472 |
---|
577 | 577 | | considered at such meetings by such public agency. In addition, such 473 |
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578 | 578 | | written notice shall be delivered by mail to the usual place of abode of 474 |
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579 | 579 | | or by electronic transmission to each member of the public agency so 475 |
---|
580 | 580 | | that the same is received prior to such special meeting. The requirement 476 |
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581 | 581 | | of delivery or transmission of such [written] notice may be dispensed 477 |
---|
582 | 582 | | with as to any member who at or prior to the time the meeting convenes 478 |
---|
583 | 583 | | files with the clerk or secretary of the public agency a written waiver of 479 Substitute Bill No. 6448 |
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584 | 584 | | |
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589 | 589 | | |
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590 | 590 | | delivery or transmission of such notice. Such waiver may be given by 480 |
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591 | 591 | | [telegram] electronic transmission. The requirement of delivery or 481 |
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592 | 592 | | transmission of such [written] notice may also be dispensed with as to 482 |
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593 | 593 | | any member who is actually present at the meeting at the time it 483 |
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594 | 594 | | convenes. Nothing in this section shall be construed to prohibit any 484 |
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595 | 595 | | agency from adopting more stringent notice requirements. 485 |
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596 | 596 | | [(e)] (f) No member of the public shall be required, as a condition to 486 |
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597 | 597 | | attendance at a meeting of any such body, to register the member's 487 |
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598 | 598 | | name, or furnish other information, or complete a questionnaire or 488 |
---|
599 | 599 | | otherwise fulfill any condition precedent to the member's attendance, 489 |
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600 | 600 | | except in the event that a public agency determines that any such 490 |
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601 | 601 | | requirement is necessary to control public access to a meeting conducted 491 |
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602 | 602 | | by means of electronic equipment to ensure the orderly conduct of such 492 |
---|
603 | 603 | | meeting consistent with the provisions of section 1-232, as amended by 493 |
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604 | 604 | | this act. 494 |
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605 | 605 | | (g) Any member of a public agency or the public who participates 495 |
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606 | 606 | | orally in a meeting of a public agency conducted by means of electronic 496 |
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607 | 607 | | equipment shall make a good faith effort to state such member's name 497 |
---|
608 | 608 | | and title, if applicable, at the outset of each occasion that such member 498 |
---|
609 | 609 | | participates orally during an uninterrupted dialogue or series of 499 |
---|
610 | 610 | | questions and answers. 500 |
---|
611 | 611 | | [(f)] (h) A public agency may hold an executive session, as defined in 501 |
---|
612 | 612 | | subdivision (6) of section 1-200, as amended by this act, upon an 502 |
---|
613 | 613 | | affirmative vote of two-thirds of the members of such body present and 503 |
---|
614 | 614 | | voting, taken at a public meeting and stating the reasons for such 504 |
---|
615 | 615 | | executive session, as defined in section 1-200, as amended by this act. 505 |
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616 | 616 | | [(g)] (i) In determining the time within which or by when a notice, 506 |
---|
617 | 617 | | agenda, record of votes or minutes of a special meeting or an emergency 507 |
---|
618 | 618 | | special meeting are required to be filed under this section, Saturdays, 508 |
---|
619 | 619 | | Sundays, legal holidays and any day on which the office of the agency, 509 |
---|
620 | 620 | | the Secretary of the State or the clerk of the applicable political 510 |
---|
621 | 621 | | subdivision or the clerk of each municipal member of any multitown 511 Substitute Bill No. 6448 |
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622 | 622 | | |
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627 | 627 | | |
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628 | 628 | | district or agency, as the case may be, is closed, shall be excluded. 512 |
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629 | 629 | | Sec. 4. Section 1-227 of the general statutes is repealed and the 513 |
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630 | 630 | | following is substituted in lieu thereof (Effective July 1, 2021): 514 |
---|
631 | 631 | | The public agency shall, where practicable, give notice by mail or 515 |
---|
632 | 632 | | electronic transmission of each regular meeting, and of any special 516 |
---|
633 | 633 | | meeting which is called, at least one week prior to the date set for the 517 |
---|
634 | 634 | | meeting, to any person who has filed a written request for such notice 518 |
---|
635 | 635 | | with such body, except that such body may give such notice as it deems 519 |
---|
636 | 636 | | practical of special meetings called less than seven days prior to the date 520 |
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637 | 637 | | set for the meeting. Such notice requirement shall not apply to the 521 |
---|
638 | 638 | | General Assembly, either house thereof or to any committee thereof. 522 |
---|
639 | 639 | | Any request for notice filed pursuant to this section shall be valid for 523 |
---|
640 | 640 | | one year from the date on which it is filed unless a renewal request is 524 |
---|
641 | 641 | | filed. Renewal requests for notice shall be filed within thirty days after 525 |
---|
642 | 642 | | January first of each year. Such public agency may establish a reasonable 526 |
---|
643 | 643 | | charge for sending such notice based on the estimated cost of providing 527 |
---|
644 | 644 | | such service. 528 |
---|
645 | 645 | | Sec. 5. Section 1-228 of the general statutes is repealed and the 529 |
---|
646 | 646 | | following is substituted in lieu thereof (Effective July 1, 2021): 530 |
---|
647 | 647 | | The public agency may adjourn any regular or special meeting to a 531 |
---|
648 | 648 | | time and place specified in the order of adjournment. Less than a 532 |
---|
649 | 649 | | quorum may so adjourn from time to time. If all members are absent 533 |
---|
650 | 650 | | from any regular meeting the clerk or the secretary of such body may 534 |
---|
651 | 651 | | declare the meeting adjourned to a stated time and place and shall cause 535 |
---|
652 | 652 | | a written notice of the adjournment to be given in the same manner as 536 |
---|
653 | 653 | | provided in section 1-225, as amended by this act, for special meetings, 537 |
---|
654 | 654 | | unless such notice is waived as provided for special meetings. A copy 538 |
---|
655 | 655 | | of the order or notice of adjournment shall be conspicuously posted on 539 |
---|
656 | 656 | | or near the door of the place where the regular or special meeting was 540 |
---|
657 | 657 | | held and on the Internet web site of the public agency, if applicable, 541 |
---|
658 | 658 | | within twenty-four hours after the time of the adjournment. When an 542 |
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659 | 659 | | order of adjournment of any meeting fails to state the hour at which the 543 Substitute Bill No. 6448 |
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660 | 660 | | |
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666 | 666 | | adjourned meeting is to be held, it shall be held at the hour specified for 544 |
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667 | 667 | | regular meetings, by ordinance, resolution, by law or other rule. 545 |
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668 | 668 | | Sec. 6. Section 7-7 of the general statutes is repealed and the following 546 |
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669 | 669 | | is substituted in lieu thereof (Effective January 1, 2022): 547 |
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670 | 670 | | All towns, when lawfully assembled for any purpose other than the 548 |
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671 | 671 | | election of town officers, and all societies and other municipal 549 |
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672 | 672 | | corporations when lawfully assembled, shall choose a moderator to 550 |
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673 | 673 | | preside at such meetings, unless otherwise provided by law; and, except 551 |
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674 | 674 | | as otherwise provided by law, all questions arising in such meetings 552 |
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675 | 675 | | shall be decided in accordance with standard parliamentary practice, 553 |
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676 | 676 | | and towns, societies and municipal corporations may, by ordinance, 554 |
---|
677 | 677 | | adopt rules of order for the conduct of their meetings. At any such town 555 |
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678 | 678 | | meeting the moderator shall be chosen from the last-completed registry 556 |
---|
679 | 679 | | list of such town. Two hundred or more persons or ten per cent of the 557 |
---|
680 | 680 | | total number qualified to vote in the meeting of a town or other 558 |
---|
681 | 681 | | municipal corporation, whichever is less, may petition the clerk or 559 |
---|
682 | 682 | | secretary of such town or municipal corporation, in writing, at least 560 |
---|
683 | 683 | | twenty-four hours prior to any such meeting, requesting that any item 561 |
---|
684 | 684 | | or items on the call of such meeting be submitted to the persons 562 |
---|
685 | 685 | | qualified to vote in such meeting not less than seven nor more than 563 |
---|
686 | 686 | | fourteen days thereafter, on a day to be set by the town meeting or, if 564 |
---|
687 | 687 | | the town meeting does not set a date, by the town selectmen, for a vote 565 |
---|
688 | 688 | | by paper ballots or by a "Yes" or "No" vote on the voting machines, 566 |
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689 | 689 | | during the hours between twelve o'clock noon and eight o'clock p.m.; 567 |
---|
690 | 690 | | but any municipality may, any provision of any special act to the 568 |
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691 | 691 | | contrary notwithstanding, by vote of its legislative body provide for an 569 |
---|
692 | 692 | | earlier hour for opening the polls but not earlier than six o'clock a.m. 570 |
---|
693 | 693 | | The selectmen of the town may, not less than five days prior to the day 571 |
---|
694 | 694 | | of any such meeting, on their own initiative, remove any item on the call 572 |
---|
695 | 695 | | of such meeting for submission to the voters in the manner provided by 573 |
---|
696 | 696 | | this section or may submit any item which, in the absence of such a vote, 574 |
---|
697 | 697 | | could properly come before such a meeting to the voters at a date set for 575 |
---|
698 | 698 | | such vote or along with any other vote the date of which has been 576 Substitute Bill No. 6448 |
---|
699 | 699 | | |
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700 | 700 | | |
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704 | 704 | | |
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705 | 705 | | previously set. The paper ballots or voting machine ballot labels [, as the 577 |
---|
706 | 706 | | case may be,] shall be provided by such clerk or secretary. When such a 578 |
---|
707 | 707 | | petition has been filed with such clerk or secretary, the moderator of 579 |
---|
708 | 708 | | such meeting, after completion of other business and after reasonable 580 |
---|
709 | 709 | | discussion, shall adjourn such meeting and order such vote on such item 581 |
---|
710 | 710 | | or items in accordance with the petition; and any item so voted may be 582 |
---|
711 | 711 | | rescinded in the same manner. If such moderator resigns or is for any 583 |
---|
712 | 712 | | other cause unable to serve as moderator at such adjourned meeting, 584 |
---|
713 | 713 | | such clerk or secretary shall serve, or may appoint an elector of such 585 |
---|
714 | 714 | | municipality to serve, as moderator of such adjourned meeting. Such 586 |
---|
715 | 715 | | clerk or secretary, as the case may be, shall phrase such item or items in 587 |
---|
716 | 716 | | a form suitable for printing on such paper ballots or ballot labels, or 588 |
---|
717 | 717 | | viewing, if such vote is taken by means of electronic equipment, as 589 |
---|
718 | 718 | | defined in section 1-200, as amended by this act, provided that the 590 |
---|
719 | 719 | | designation of any such item shall be in the form of a question, as 591 |
---|
720 | 720 | | prescribed under section 9-369. The vote on any item on the call of a 592 |
---|
721 | 721 | | town or other municipal corporation shall be taken by paper ballot if so 593 |
---|
722 | 722 | | voted at the meeting, if no petition has been filed under this section with 594 |
---|
723 | 723 | | reference to such item, except that any person attending the meeting by 595 |
---|
724 | 724 | | means of electronic equipment, as defined in section 1-200, as amended 596 |
---|
725 | 725 | | by this act, shall be permitted to vote by such means, provided the 597 |
---|
726 | 726 | | moderator, clerk or secretary is able to see and hear such person and 598 |
---|
727 | 727 | | authenticate that such person is eligible to vote pursuant to section 7-6. 599 |
---|
728 | 728 | | Sec. 7. Section 7-8 of the general statutes is repealed and the following 600 |
---|
729 | 729 | | is substituted in lieu thereof (Effective January 1, 2022): 601 |
---|
730 | 730 | | The moderator of any town meeting, and of any meeting of any 602 |
---|
731 | 731 | | society or other community lawfully assembled, may, when any 603 |
---|
732 | 732 | | disorder arises in the meeting and the offender refuses to submit to the 604 |
---|
733 | 733 | | moderator's lawful authority, order any proper officer to take the 605 |
---|
734 | 734 | | offender into custody and, if necessary, to remove the offender from 606 |
---|
735 | 735 | | such meeting until the offender conforms to order or, if need be, until 607 |
---|
736 | 736 | | such meeting is closed, and thereupon such officer shall have power to 608 |
---|
737 | 737 | | command all necessary assistance. Any person refusing to assist when 609 Substitute Bill No. 6448 |
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738 | 738 | | |
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739 | 739 | | |
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743 | 743 | | |
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744 | 744 | | commanded shall be liable to the same penalties as for refusing to assist 610 |
---|
745 | 745 | | constables in the execution of their duties; but no person commanded to 611 |
---|
746 | 746 | | assist shall be deprived of such person's right to act in the meeting, nor 612 |
---|
747 | 747 | | shall the offender be so deprived any longer than the offender refuses 613 |
---|
748 | 748 | | to conform to order. If such offender is attending such meeting by means 614 |
---|
749 | 749 | | of electronic equipment, as defined in section 1-200, as amended by this 615 |
---|
750 | 750 | | act, the moderator may terminate such offender's attendance by 616 |
---|
751 | 751 | | electronic equipment until such time as the offender conforms to order 617 |
---|
752 | 752 | | or, if need be, until such meeting is closed. 618 |
---|
753 | 753 | | Sec. 8. Section 1-232 of the general statutes is repealed and the 619 |
---|
754 | 754 | | following is substituted in lieu thereof (Effective January 1, 2022): 620 |
---|
755 | 755 | | In the event that any meeting of a public agency is interrupted by any 621 |
---|
756 | 756 | | person or group of persons so as to render the orderly conduct of such 622 |
---|
757 | 757 | | meeting unfeasible and order cannot be restored by the removal of 623 |
---|
758 | 758 | | individuals who are wilfully interrupting the meetings, the members of 624 |
---|
759 | 759 | | the agency conducting the meeting may order the meeting room cleared 625 |
---|
760 | 760 | | and continue in session. If such person or group of persons is attending 626 |
---|
761 | 761 | | such meeting by means of electronic equipment, as defined in section 1-627 |
---|
762 | 762 | | 200, as amended by this act, the members of the public agency may 628 |
---|
763 | 763 | | terminate such person's or group of persons' attendance by electronic 629 |
---|
764 | 764 | | equipment until such time as such person or group of persons conforms 630 |
---|
765 | 765 | | to order or, if need be, until such meeting is closed. Only matters 631 |
---|
766 | 766 | | appearing on the agenda may be considered in such a session. Duly 632 |
---|
767 | 767 | | accredited representatives of the press or other news media, except 633 |
---|
768 | 768 | | those participating in the disturbance, shall be allowed to attend any 634 |
---|
769 | 769 | | session held pursuant to this section. Nothing in this section shall 635 |
---|
770 | 770 | | prohibit such public agency from establishing a procedure for 636 |
---|
771 | 771 | | readmitting an individual or individuals not responsible for wilfully 637 |
---|
772 | 772 | | disturbing the meeting. 638 |
---|
773 | 773 | | Sec. 9. Section 4-124s of the general statutes is repealed and the 639 |
---|
774 | 774 | | following is substituted in lieu thereof (Effective from passage): 640 |
---|
775 | 775 | | (a) For purposes of this section: 641 Substitute Bill No. 6448 |
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776 | 776 | | |
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777 | 777 | | |
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781 | 781 | | |
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782 | 782 | | (1) "Regional council of governments" means any such council 642 |
---|
783 | 783 | | organized under the provisions of sections 4-124i to 4-124p, inclusive; 643 |
---|
784 | 784 | | (2) "Municipality" means a town, city or consolidated town and 644 |
---|
785 | 785 | | borough; 645 |
---|
786 | 786 | | (3) "Legislative body" means the board of selectmen, town council, 646 |
---|
787 | 787 | | city council, board of alderman, board of directors, board of 647 |
---|
788 | 788 | | representatives or board of the warden and burgesses of a municipality; 648 |
---|
789 | 789 | | (4) "Secretary" means the Secretary of the Office of Policy and 649 |
---|
790 | 790 | | Management or the designee of the secretary; [and] 650 |
---|
791 | 791 | | (5) "Regional educational service center" has the same meaning as 651 |
---|
792 | 792 | | provided in section 10-282; [.] and 652 |
---|
793 | 793 | | (6) "Employee organization" means any lawful association, labor 653 |
---|
794 | 794 | | organization, federation or council having as a primary purpose the 654 |
---|
795 | 795 | | improvement of wages, hours and other conditions of employment. 655 |
---|
796 | 796 | | (b) There is established a regional performance incentive program 656 |
---|
797 | 797 | | that shall be administered by the Secretary of the Office of Policy and 657 |
---|
798 | 798 | | Management. [On or before December 31, 2011, and annually thereafter, 658 |
---|
799 | 799 | | any] Any regional council of governments, [any two or more 659 |
---|
800 | 800 | | municipalities acting through a regional council of governments, any 660 |
---|
801 | 801 | | economic development district, any] regional educational service center 661 |
---|
802 | 802 | | or [any] a combination thereof may submit a proposal to the secretary 662 |
---|
803 | 803 | | for: (1) The [joint] provision of any service that one or more participating 663 |
---|
804 | 804 | | municipalities of such council [,] or local or regional board of education 664 |
---|
805 | 805 | | of such regional educational service center [or agency] currently provide 665 |
---|
806 | 806 | | but which is not provided on a regional basis, (2) [a planning study 666 |
---|
807 | 807 | | regarding the joint provision of any service on a regional basis, or (3) 667 |
---|
808 | 808 | | shared information technology services] the redistribution of grants 668 |
---|
809 | 809 | | awarded pursuant to sections 4-66g, 4-66h, 4-66m and 7-536, according 669 |
---|
810 | 810 | | to regional priorities, or (3) regional revenue sharing among said 670 |
---|
811 | 811 | | participating municipalities pursuant to section 7-148bb. A copy of said 671 |
---|
812 | 812 | | proposal shall be sent to the legislators representing said participating 672 Substitute Bill No. 6448 |
---|
813 | 813 | | |
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814 | 814 | | |
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818 | 818 | | |
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819 | 819 | | municipalities or local or regional boards of education. Any [local or 673 |
---|
820 | 820 | | regional board of education or] regional educational service center 674 |
---|
821 | 821 | | serving a population greater than one hundred thousand may submit a 675 |
---|
822 | 822 | | proposal to the secretary for a regional special education initiative. 676 |
---|
823 | 823 | | (c) (1) A regional council of governments [, an economic development 677 |
---|
824 | 824 | | district, a] or regional educational service center [or a local or regional 678 |
---|
825 | 825 | | board of education] shall submit each proposal in the form and manner 679 |
---|
826 | 826 | | the secretary prescribes and shall, at a minimum, provide the following 680 |
---|
827 | 827 | | information for each proposal: (A) Service or initiative description; (B) 681 |
---|
828 | 828 | | the explanation of the need for such service or initiative; (C) the method 682 |
---|
829 | 829 | | of delivering such service or initiative on a regional basis; (D) the 683 |
---|
830 | 830 | | organization that would be responsible for regional service or initiative 684 |
---|
831 | 831 | | delivery; (E) a description of the population that would be served; (F) 685 |
---|
832 | 832 | | the manner in which the proposed regional service or initiative delivery 686 |
---|
833 | 833 | | will achieve economies of scale for participating municipalities or 687 |
---|
834 | 834 | | boards of education; (G) the amount by which participating 688 |
---|
835 | 835 | | municipalities will reduce their mill rates as a result of savings realized; 689 |
---|
836 | 836 | | (H) a cost benefit analysis for the provision of the service or initiative by 690 |
---|
837 | 837 | | each participating municipality and by the entity or board of education 691 |
---|
838 | 838 | | submitting the proposal; (I) a plan of implementation for delivery of the 692 |
---|
839 | 839 | | service or initiative on a regional basis; (J) a resolution endorsing such 693 |
---|
840 | 840 | | proposal approved by the [legislative] governing body of [each 694 |
---|
841 | 841 | | participating municipality; and (K)] the council or center, which shall 695 |
---|
842 | 842 | | include a statement that not less than twenty-five per cent of the cost of 696 |
---|
843 | 843 | | such proposal shall be funded by the council or center in the first year 697 |
---|
844 | 844 | | of operation, and that by the fourth year of operation the council or 698 |
---|
845 | 845 | | center shall fund one hundred per cent of such cost; (K) an 699 |
---|
846 | 846 | | acknowledgment from any employee organization that may be 700 |
---|
847 | 847 | | impacted by such proposal that they have been informed of and 701 |
---|
848 | 848 | | consulted about the proposal; and (L) an explanation of the potential 702 |
---|
849 | 849 | | legal obstacles, if any, to the regional provision of the service or 703 |
---|
850 | 850 | | initiative, and how such obstacles will be resolved. 704 |
---|
851 | 851 | | (2) The secretary shall review each proposal and shall award grants 705 Substitute Bill No. 6448 |
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852 | 852 | | |
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853 | 853 | | |
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857 | 857 | | |
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858 | 858 | | for proposals the secretary determines best [meet the requirements of 706 |
---|
859 | 859 | | this section. In awarding such grants, the secretary shall give priority to 707 |
---|
860 | 860 | | a proposal submitted by (A) any entity specified in subsection (a) of this 708 |
---|
861 | 861 | | section that includes participation of all of the member municipalities of 709 |
---|
862 | 862 | | such entity, and which may increase the purchasing power of 710 |
---|
863 | 863 | | participating municipalities or provide a cost savings initiative resulting 711 |
---|
864 | 864 | | in a decrease in expenses of such municipalities, allowing such 712 |
---|
865 | 865 | | municipalities to lower property taxes, (B) any economic development 713 |
---|
866 | 866 | | district, and (C) any local or regional board of education] satisfy the 714 |
---|
867 | 867 | | following criteria: (A) The proposed service or initiative will be 715 |
---|
868 | 868 | | available to or benefit all participating members of the regional council 716 |
---|
869 | 869 | | of governments or regional educational service center regardless of such 717 |
---|
870 | 870 | | members' participation in the grant application process; (B) when 718 |
---|
871 | 871 | | compared to the existing delivery of services by participating members 719 |
---|
872 | 872 | | of the council or center, the proposal demonstrates (i) a positive cost 720 |
---|
873 | 873 | | benefit to such members, (ii) increased efficiency and capacity in the 721 |
---|
874 | 874 | | delivery of services, (iii) a diminished need for state funding, and (iv) 722 |
---|
875 | 875 | | increased cost savings; (C) the proposed service or initiative promotes 723 |
---|
876 | 876 | | cooperation among participating members that may lead to a reduction 724 |
---|
877 | 877 | | in economic or social inequality; (D) the proposal has been approved by 725 |
---|
878 | 878 | | a majority of the members of the council or center, and pursuant to 726 |
---|
879 | 879 | | subsection (c) of this section, contains a statement that not less than 727 |
---|
880 | 880 | | twenty-five per cent of the cost of such proposal shall be funded by the 728 |
---|
881 | 881 | | council or center in the first year of operation, and that by the fourth 729 |
---|
882 | 882 | | year of operation the council or center shall fund one hundred per cent 730 |
---|
883 | 883 | | of such cost; and (E) any employee organizations that may be impacted 731 |
---|
884 | 884 | | by such proposal have been informed of and consulted about such 732 |
---|
885 | 885 | | proposal, pursuant to subsection (c) of this section. 733 |
---|
886 | 886 | | (d) [On or before December 31, 2013, and annually thereafter until 734 |
---|
887 | 887 | | December 31, 2018, in addition to any proposal submitted pursuant to 735 |
---|
888 | 888 | | this section, any municipality or regional council of governments may 736 |
---|
889 | 889 | | apply to the secretary for a grant to fund: (1) Operating costs associated 737 |
---|
890 | 890 | | with connecting to the state-wide high speed, flexible network 738 |
---|
891 | 891 | | developed pursuant to section 4d-80, including the costs to connect at 739 Substitute Bill No. 6448 |
---|
892 | 892 | | |
---|
893 | 893 | | |
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897 | 897 | | |
---|
898 | 898 | | the same rate as other government entities served by such network; and 740 |
---|
899 | 899 | | (2) capital cost associated with connecting to such network, including 741 |
---|
900 | 900 | | expenses associated with building out the internal fiber network 742 |
---|
901 | 901 | | connections required to connect to such network, provided the secretary 743 |
---|
902 | 902 | | shall make any such grant available in accordance with the two-year 744 |
---|
903 | 903 | | schedule by which the Bureau of Enterprise Systems and Technology 745 |
---|
904 | 904 | | recommends connecting each municipality and regional council of 746 |
---|
905 | 905 | | governments to such network. Any municipality or regional council of 747 |
---|
906 | 906 | | governments shall submit each application in the form and manner the 748 |
---|
907 | 907 | | secretary prescribes.] Notwithstanding the provisions of sections 7-339a 749 |
---|
908 | 908 | | to 7-339l, inclusive, or any other provision of the general statutes, no 750 |
---|
909 | 909 | | regional council of governments or regional educational service center 751 |
---|
910 | 910 | | or any member municipalities or local or regional boards of education 752 |
---|
911 | 911 | | of such councils or centers shall be required to execute an interlocal 753 |
---|
912 | 912 | | agreement to implement a proposal submitted pursuant to subsection 754 |
---|
913 | 913 | | (c) of this section. 755 |
---|
914 | 914 | | (e) Any board of education awarded a grant for a proposal submitted 756 |
---|
915 | 915 | | pursuant to subsection (c) of this section may deposit any cost savings 757 |
---|
916 | 916 | | realized as a result of the implementation of the proposed service or 758 |
---|
917 | 917 | | initiative into a nonlapsing account pursuant to section 10-248a. 759 |
---|
918 | 918 | | [(e)] (f) The secretary shall submit to the Governor and the joint 760 |
---|
919 | 919 | | standing committee of the General Assembly having cognizance of 761 |
---|
920 | 920 | | matters relating to finance, revenue and bonding a report on the grants 762 |
---|
921 | 921 | | provided pursuant to this section. Each such report shall (1) include 763 |
---|
922 | 922 | | information on the amount of each grant [,] and the potential of each 764 |
---|
923 | 923 | | grant for leveraging other public and private investments, and (2) 765 |
---|
924 | 924 | | describe any property tax reductions and improved services achieved 766 |
---|
925 | 925 | | by means of the program established pursuant to this section. The 767 |
---|
926 | 926 | | secretary shall submit a report for the fiscal year commencing July 1, 768 |
---|
927 | 927 | | 2011, not later than February 1, 2012, and shall submit a report for each 769 |
---|
928 | 928 | | subsequent fiscal year not later than the first day of March in such fiscal 770 |
---|
929 | 929 | | year. [Such reports shall include the property tax reductions achieved 771 |
---|
930 | 930 | | by means of the program established pursuant to this section.] 772 Substitute Bill No. 6448 |
---|
931 | 931 | | |
---|
932 | 932 | | |
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936 | 936 | | |
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937 | 937 | | Sec. 10. Subsection (b) of section 8-31b of the general statutes is 773 |
---|
938 | 938 | | repealed and the following is substituted in lieu thereof (Effective from 774 |
---|
939 | 939 | | passage): 775 |
---|
940 | 940 | | (b) A regional council of governments may accept or participate in 776 |
---|
941 | 941 | | any grant, donation or program available to any political subdivision of 777 |
---|
942 | 942 | | the state and may also accept or participate in any grant, donation or 778 |
---|
943 | 943 | | program made available to counties by any other governmental or 779 |
---|
944 | 944 | | private entity. Notwithstanding the provisions of any special or public 780 |
---|
945 | 945 | | act, any political subdivision of the state may enter into an agreement 781 |
---|
946 | 946 | | with a regional council of governments to perform jointly or to provide, 782 |
---|
947 | 947 | | alone or in cooperation with any other entity, any service, activity or 783 |
---|
948 | 948 | | undertaking that the political subdivision is authorized by law to 784 |
---|
949 | 949 | | perform. A regional council of governments established pursuant to this 785 |
---|
950 | 950 | | section may administer and provide regional services to municipalities 786 |
---|
951 | 951 | | by affirmative vote of the member municipalities of such council, and 787 |
---|
952 | 952 | | may delegate such authority to subregional groups of such 788 |
---|
953 | 953 | | municipalities. Notwithstanding the provisions of sections 7-339a to 7-789 |
---|
954 | 954 | | 339l, inclusive, the administration and provision of such services shall 790 |
---|
955 | 955 | | not require the execution of any interlocal agreement. Regional services 791 |
---|
956 | 956 | | provided to member municipalities shall be determined by each 792 |
---|
957 | 957 | | regional council of governments, except as provided in subsection (b) of 793 |
---|
958 | 958 | | section 9-229 and section 9-229b, and may include, without limitation, 794 |
---|
959 | 959 | | the following services: (1) Engineering; (2) inspectional and planning; 795 |
---|
960 | 960 | | (3) economic development; (4) public safety; (5) emergency 796 |
---|
961 | 961 | | management; (6) animal control; (7) land use management; (8) tourism 797 |
---|
962 | 962 | | promotion; (9) social; (10) health; (11) education; (12) data management; 798 |
---|
963 | 963 | | (13) regional sewerage; (14) housing; (15) computerized mapping; (16) 799 |
---|
964 | 964 | | household hazardous waste collection; (17) recycling; (18) public facility 800 |
---|
965 | 965 | | siting; (19) coordination of master planning; (20) vocational training and 801 |
---|
966 | 966 | | development; (21) solid waste disposal; (22) fire protection; (23) regional 802 |
---|
967 | 967 | | resource protection; (24) regional impact studies; and (25) 803 |
---|
968 | 968 | | transportation. 804 |
---|
969 | 969 | | Sec. 11. Section 4-66k of the general statutes is repealed and the 805 Substitute Bill No. 6448 |
---|
970 | 970 | | |
---|
971 | 971 | | |
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975 | 975 | | |
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976 | 976 | | following is substituted in lieu thereof (Effective July 1, 2021): 806 |
---|
977 | 977 | | (a) There is established an account to be known as the "regional 807 |
---|
978 | 978 | | planning incentive account" which shall be a separate, nonlapsing 808 |
---|
979 | 979 | | account within the General Fund. The account shall contain any moneys 809 |
---|
980 | 980 | | required by law to be deposited in the account. Except as provided in 810 |
---|
981 | 981 | | subsection [(d)] (e) of this section, moneys [,] in the account shall be 811 |
---|
982 | 982 | | expended by the Secretary of the Office of Policy and Management [in 812 |
---|
983 | 983 | | accordance with subsection (b) of this section] for the purposes of first 813 |
---|
984 | 984 | | providing funding to regional planning organizations in accordance 814 |
---|
985 | 985 | | with the provisions of subsections (b), [and] (c) and (d) of this section 815 |
---|
986 | 986 | | and then to providing grants under the regional performance incentive 816 |
---|
987 | 987 | | program established pursuant to section 4-124s, as amended by this act. 817 |
---|
988 | 988 | | (b) For the fiscal year ending June 30, 2014, funds from the regional 818 |
---|
989 | 989 | | planning incentive account shall be distributed to each regional 819 |
---|
990 | 990 | | planning organization, as defined in section 4-124i, revision of 1958, 820 |
---|
991 | 991 | | revised to January 1, 2013, in the amount of one hundred twenty-five 821 |
---|
992 | 992 | | thousand dollars. Any regional council of governments that is 822 |
---|
993 | 993 | | comprised of any two or more regional planning organizations that 823 |
---|
994 | 994 | | voluntarily consolidate on or before December 31, 2013, shall receive an 824 |
---|
995 | 995 | | additional payment in an amount equal to the amount the regional 825 |
---|
996 | 996 | | planning organizations would have received if such regional planning 826 |
---|
997 | 997 | | organizations had not voluntarily consolidated. 827 |
---|
998 | 998 | | (c) [Beginning in the fiscal year] For the fiscal years ending June 30, 828 |
---|
999 | 999 | | 2015, [and annually thereafter] to June 30, 2021, inclusive, funds from 829 |
---|
1000 | 1000 | | the regional planning incentive account shall be distributed to each 830 |
---|
1001 | 1001 | | regional council of governments formed pursuant to section 4-124j, in 831 |
---|
1002 | 1002 | | the amount of one hundred twenty-five thousand dollars plus fifty cents 832 |
---|
1003 | 1003 | | per capita, using population information from the most recent federal 833 |
---|
1004 | 1004 | | decennial census. Any regional council of governments that is 834 |
---|
1005 | 1005 | | comprised of any two or more regional planning organizations, as 835 |
---|
1006 | 1006 | | defined in section 4-124i, revision of 1958, revised to January 1, 2013, 836 |
---|
1007 | 1007 | | that voluntarily consolidated on or before December 31, 2013, shall 837 |
---|
1008 | 1008 | | receive a payment in the amount of one hundred twenty-five thousand 838 Substitute Bill No. 6448 |
---|
1009 | 1009 | | |
---|
1010 | 1010 | | |
---|
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---|
1013 | 1013 | | 27 of 49 |
---|
1014 | 1014 | | |
---|
1015 | 1015 | | dollars for each such regional planning organization that voluntarily 839 |
---|
1016 | 1016 | | consolidated on or before said date. 840 |
---|
1017 | 1017 | | (d) (1) For the fiscal year ending June 30, 2022, and each fiscal year 841 |
---|
1018 | 1018 | | thereafter, funds from the regional planning incentive account shall be 842 |
---|
1019 | 1019 | | distributed to each regional council of governments formed pursuant to 843 |
---|
1020 | 1020 | | section 4-124j, in the amount of one hundred eighty-five thousand five 844 |
---|
1021 | 1021 | | hundred dollars plus sixty-eight cents per capita, using population 845 |
---|
1022 | 1022 | | information from the most recent federal decennial census. 846 |
---|
1023 | 1023 | | (2) Not later than July 1, 2021, and annually thereafter, each regional 847 |
---|
1024 | 1024 | | council of governments shall submit to the secretary a proposal for 848 |
---|
1025 | 1025 | | expenditure of the funds described in subdivision (1) of this subsection. 849 |
---|
1026 | 1026 | | Such proposal may include, but need not be limited to, a description of 850 |
---|
1027 | 1027 | | (A) functions, activities or services currently performed by the state or 851 |
---|
1028 | 1028 | | municipalities that may be provided in a more efficient, cost-effective, 852 |
---|
1029 | 1029 | | responsive or higher quality manner by such council, a regional 853 |
---|
1030 | 1030 | | educational service center or similar regional entity, (B) anticipated cost 854 |
---|
1031 | 1031 | | savings relating to the sharing of government services, including, but 855 |
---|
1032 | 1032 | | not limited to, joint purchasing, (C) the standardization and alignment 856 |
---|
1033 | 1033 | | of various regions of the state, or (D) any other initiatives that may 857 |
---|
1034 | 1034 | | facilitate the delivery of services to the public in a more efficient, cost-858 |
---|
1035 | 1035 | | effective, responsive or higher quality manner. 859 |
---|
1036 | 1036 | | [(d)] (e) There is established a regionalization subaccount within the 860 |
---|
1037 | 1037 | | regional planning incentive account. If the Connecticut Lottery 861 |
---|
1038 | 1038 | | Corporation offers online its existing lottery draw games through the 862 |
---|
1039 | 1039 | | corporation's Internet web site, online service or mobile application, the 863 |
---|
1040 | 1040 | | revenue from such online offering that exceeds an amount equivalent to 864 |
---|
1041 | 1041 | | the costs of the debt-free community college program under section 10a-865 |
---|
1042 | 1042 | | 174 shall be deposited in the subaccount, or, if such online offering is not 866 |
---|
1043 | 1043 | | established, the amount provided under subsection (b) of section 364 of 867 |
---|
1044 | 1044 | | public act 19-117 for regionalization initiatives shall be deposited in the 868 |
---|
1045 | 1045 | | subaccount. Moneys in the subaccount shall be expended only for the 869 |
---|
1046 | 1046 | | purposes recommended by the task force established under section 4-870 |
---|
1047 | 1047 | | 66s. 871 Substitute Bill No. 6448 |
---|
1048 | 1048 | | |
---|
1049 | 1049 | | |
---|
1050 | 1050 | | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06448- |
---|
1052 | 1052 | | 28 of 49 |
---|
1053 | 1053 | | |
---|
1054 | 1054 | | Sec. 12. Section 4-66r of the general statutes is repealed and the 872 |
---|
1055 | 1055 | | following is substituted in lieu thereof (Effective July 1, 2021): 873 |
---|
1056 | 1056 | | (a) For the fiscal [year] years ending June 30, 2018, [and each fiscal 874 |
---|
1057 | 1057 | | year thereafter] and June 30, 2019, each regional council of governments 875 |
---|
1058 | 1058 | | shall, within available appropriations, receive a grant-in-aid to be 876 |
---|
1059 | 1059 | | known as a regional services grant, the amount of which shall be based 877 |
---|
1060 | 1060 | | on a formula to be determined by the Secretary of the Office of Policy 878 |
---|
1061 | 1061 | | and Management. No such council shall receive a grant for the fiscal 879 |
---|
1062 | 1062 | | year ending June 30, 2018, unless the secretary approves a spending plan 880 |
---|
1063 | 1063 | | for such grant moneys submitted by such council to the secretary on or 881 |
---|
1064 | 1064 | | before November 1, 2017. No such council shall receive a grant for the 882 |
---|
1065 | 1065 | | fiscal year ending June 30, 2019, [or any fiscal year thereafter,] unless the 883 |
---|
1066 | 1066 | | secretary approves a spending plan for such grant moneys submitted by 884 |
---|
1067 | 1067 | | such council to the secretary on or before July 1, 2018. [, and annually 885 |
---|
1068 | 1068 | | thereafter.] 886 |
---|
1069 | 1069 | | (b) Notwithstanding the provisions of section 29 of public act 19-117, 887 |
---|
1070 | 1070 | | for the fiscal year ending June 30, 2020, and each fiscal year thereafter, 888 |
---|
1071 | 1071 | | each regional council of governments shall receive a grant-in-aid to be 889 |
---|
1072 | 1072 | | known as a regional services grant, the amount of which shall be 890 |
---|
1073 | 1073 | | determined pursuant to section 4-66k, as amended by this act. No such 891 |
---|
1074 | 1074 | | council shall receive a grant for the fiscal year ending June 30, 2020, or 892 |
---|
1075 | 1075 | | any fiscal year thereafter, unless the secretary approves a spending plan 893 |
---|
1076 | 1076 | | for such grant moneys submitted by such council to the secretary on or 894 |
---|
1077 | 1077 | | before July 1, 2019, and annually thereafter. The secretary may provide 895 |
---|
1078 | 1078 | | biennial spending plan approval process guidelines at the secretary's 896 |
---|
1079 | 1079 | | discretion. 897 |
---|
1080 | 1080 | | (c) Each regional council of governments shall use such grant funds 898 |
---|
1081 | 1081 | | for planning purposes and to achieve efficiencies in the delivery of 899 |
---|
1082 | 1082 | | municipal services, without diminishing the quality of such services. On 900 |
---|
1083 | 1083 | | or before October 1, 2018, and annually thereafter, each regional council 901 |
---|
1084 | 1084 | | of governments shall submit a report, in accordance with section 11-4a, 902 |
---|
1085 | 1085 | | to the joint standing committees of the General Assembly having 903 |
---|
1086 | 1086 | | cognizance of matters relating to planning and development and 904 Substitute Bill No. 6448 |
---|
1087 | 1087 | | |
---|
1088 | 1088 | | |
---|
1089 | 1089 | | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06448- |
---|
1091 | 1091 | | 29 of 49 |
---|
1092 | 1092 | | |
---|
1093 | 1093 | | finance, revenue and bonding, and to the secretary. Such report shall (1) 905 |
---|
1094 | 1094 | | summarize the expenditure of such grant funds in the prior fiscal year, 906 |
---|
1095 | 1095 | | (2) describe any regional program, project or initiative currently 907 |
---|
1096 | 1096 | | provided or planned by the council, (3) review the performance of any 908 |
---|
1097 | 1097 | | existing regional program, project or initiative relative to its initial goals 909 |
---|
1098 | 1098 | | and objectives, (4) analyze the existing services provided by member 910 |
---|
1099 | 1099 | | municipalities or by the state that, in the opinion of the council, could 911 |
---|
1100 | 1100 | | be more effectively or efficiently provided on a regional basis, and (5) 912 |
---|
1101 | 1101 | | provide recommendations for legislative action concerning potential 913 |
---|
1102 | 1102 | | impediments to the regionalization of services. 914 |
---|
1103 | 1103 | | Sec. 13. Section 4-66l of the general statutes is repealed and the 915 |
---|
1104 | 1104 | | following is substituted in lieu thereof (Effective July 1, 2021): 916 |
---|
1105 | 1105 | | (a) For the purposes of this section: 917 |
---|
1106 | 1106 | | (1) "FY 15 mill rate" means the mill rate a municipality used during 918 |
---|
1107 | 1107 | | the fiscal year ending June 30, 2015; 919 |
---|
1108 | 1108 | | (2) "Mill rate" means, unless otherwise specified, the mill rate a 920 |
---|
1109 | 1109 | | municipality uses to calculate tax bills for motor vehicles; 921 |
---|
1110 | 1110 | | (3) "Municipality" means any town, city, consolidated town and city 922 |
---|
1111 | 1111 | | or consolidated town and borough. "Municipality" includes a district for 923 |
---|
1112 | 1112 | | the purposes of subdivision (1) of subsection (d) of this section; 924 |
---|
1113 | 1113 | | (4) "Municipal spending" means: 925 |
---|
1114 | 1114 | | T1 |
---|
1115 | 1115 | | Municipal |
---|
1116 | 1116 | | |
---|
1117 | 1117 | | |
---|
1118 | 1118 | | – |
---|
1119 | 1119 | | Municipal |
---|
1120 | 1120 | | T2 |
---|
1121 | 1121 | | spending for spending for |
---|
1122 | 1122 | | T3 |
---|
1123 | 1123 | | the fiscal year the fiscal year |
---|
1124 | 1124 | | T4 prior to the two years |
---|
1125 | 1125 | | T5 |
---|
1126 | 1126 | | current fiscal prior to the |
---|
1127 | 1127 | | T6 |
---|
1128 | 1128 | | year current year |
---|
1129 | 1129 | | X 100 |
---|
1130 | 1130 | | Municipal |
---|
1131 | 1131 | | T7 |
---|
1132 | 1132 | | _______________________________ spending; |
---|
1133 | 1133 | | T8 |
---|
1134 | 1134 | | Municipal spending for the fiscal |
---|
1135 | 1135 | | T9 year two years prior to the Substitute Bill No. 6448 |
---|
1136 | 1136 | | |
---|
1137 | 1137 | | |
---|
1138 | 1138 | | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06448- |
---|
1140 | 1140 | | 30 of 49 |
---|
1141 | 1141 | | |
---|
1142 | 1142 | | T10 |
---|
1143 | 1143 | | current year |
---|
1144 | 1144 | | |
---|
1145 | 1145 | | (5) "Per capita distribution" means: 926 |
---|
1146 | 1146 | | T11 |
---|
1147 | 1147 | | Municipal population |
---|
1148 | 1148 | | T12 |
---|
1149 | 1149 | | X Sales tax revenue = Per capita distribution |
---|
1150 | 1150 | | T13 Total state population |
---|
1151 | 1151 | | |
---|
1152 | 1152 | | (6) "Pro rata distribution" means: 927 |
---|
1153 | 1153 | | T14 |
---|
1154 | 1154 | | Municipal weighted |
---|
1155 | 1155 | | X Sales tax revenue = Pro rata distribution; |
---|
1156 | 1156 | | T15 |
---|
1157 | 1157 | | mill rate calculation |
---|
1158 | 1158 | | T16 ___________________ |
---|
1159 | 1159 | | T17 |
---|
1160 | 1160 | | Sum of all municipal |
---|
1161 | 1161 | | T18 |
---|
1162 | 1162 | | weighted mill rate |
---|
1163 | 1163 | | T19 |
---|
1164 | 1164 | | calculations combined |
---|
1165 | 1165 | | |
---|
1166 | 1166 | | (7) "Regional council of governments" means any such council 928 |
---|
1167 | 1167 | | organized under the provisions of sections 4-124i to 4-124p, inclusive; 929 |
---|
1168 | 1168 | | (8) "Municipal population" means the number of persons in a 930 |
---|
1169 | 1169 | | municipality according to the most recent estimate of the Department of 931 |
---|
1170 | 1170 | | Public Health; 932 |
---|
1171 | 1171 | | (9) "Total state population" means the number of persons in this state 933 |
---|
1172 | 1172 | | according to the most recent estimate published by the Department of 934 |
---|
1173 | 1173 | | Public Health; 935 |
---|
1174 | 1174 | | (10) "Weighted mill rate" means a municipality's FY 15 mill rate 936 |
---|
1175 | 1175 | | divided by the average of all municipalities' FY 15 mill rate; 937 |
---|
1176 | 1176 | | (11) "Weighted mill rate calculation" means per capita distribution 938 |
---|
1177 | 1177 | | multiplied by a municipality's weighted mill rate; 939 |
---|
1178 | 1178 | | (12) "Sales tax revenue" means the moneys in the account remaining 940 |
---|
1179 | 1179 | | for distribution pursuant to subdivision (7) of subsection (b) of this 941 |
---|
1180 | 1180 | | section; 942 Substitute Bill No. 6448 |
---|
1181 | 1181 | | |
---|
1182 | 1182 | | |
---|
1183 | 1183 | | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06448- |
---|
1185 | 1185 | | 31 of 49 |
---|
1186 | 1186 | | |
---|
1187 | 1187 | | (13) "District" means any district, as defined in section 7-324; and 943 |
---|
1188 | 1188 | | (14) "Secretary" means the Secretary of the Office of Policy and 944 |
---|
1189 | 1189 | | Management. 945 |
---|
1190 | 1190 | | (b) There is established an account to be known as the "municipal 946 |
---|
1191 | 1191 | | revenue sharing account" which shall be a separate, nonlapsing account 947 |
---|
1192 | 1192 | | within the General Fund. The account shall contain any moneys 948 |
---|
1193 | 1193 | | required by law to be deposited in the account. The secretary shall set 949 |
---|
1194 | 1194 | | aside and ensure availability of moneys in the account in the following 950 |
---|
1195 | 1195 | | order of priority and shall transfer or disburse such moneys as follows: 951 |
---|
1196 | 1196 | | (1) Ten million dollars for the fiscal year ending June 30, 2016, shall 952 |
---|
1197 | 1197 | | be transferred not later than April fifteenth for the purposes of grants 953 |
---|
1198 | 1198 | | under section 10-262h; 954 |
---|
1199 | 1199 | | (2) For the fiscal year ending June 30, 2018, and each fiscal year 955 |
---|
1200 | 1200 | | thereafter, moneys sufficient to make motor vehicle property tax grants 956 |
---|
1201 | 1201 | | payable to municipalities pursuant to subsection (c) of this section shall 957 |
---|
1202 | 1202 | | be expended not later than August first annually by the secretary; 958 |
---|
1203 | 1203 | | (3) For the fiscal year ending June 30, 2018, and each fiscal year 959 |
---|
1204 | 1204 | | thereafter, moneys sufficient to make the grants payable from the select 960 |
---|
1205 | 1205 | | payment in lieu of taxes grant account established pursuant to section 961 |
---|
1206 | 1206 | | 12-18c shall annually be transferred to the select payment in lieu of taxes 962 |
---|
1207 | 1207 | | account in the Office of Policy and Management; 963 |
---|
1208 | 1208 | | (4) For the fiscal years ending June 30, 2018, and June 30, 2019, 964 |
---|
1209 | 1209 | | moneys sufficient to make the municipal revenue sharing grants 965 |
---|
1210 | 1210 | | payable to municipalities pursuant to subdivision (2) of subsection (d) 966 |
---|
1211 | 1211 | | of this section shall be expended not later than October thirty-first 967 |
---|
1212 | 1212 | | annually by the secretary; 968 |
---|
1213 | 1213 | | [(5) For the fiscal year ending June 30, 2018, and each fiscal year 969 |
---|
1214 | 1214 | | thereafter, seven million dollars shall be expended for the purposes of 970 |
---|
1215 | 1215 | | the regional services grants pursuant to subsection (e) of this section to 971 |
---|
1216 | 1216 | | the regional councils of governments;] 972 Substitute Bill No. 6448 |
---|
1217 | 1217 | | |
---|
1218 | 1218 | | |
---|
1219 | 1219 | | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06448- |
---|
1221 | 1221 | | 32 of 49 |
---|
1222 | 1222 | | |
---|
1223 | 1223 | | [(6)] (5) For the fiscal year ending June 30, 2018, and each fiscal year 973 |
---|
1224 | 1224 | | thereafter, moneys may be expended for the purpose of supplemental 974 |
---|
1225 | 1225 | | motor vehicle property tax grants pursuant to subsection (c) of this 975 |
---|
1226 | 1226 | | section; and 976 |
---|
1227 | 1227 | | [(7)] (6) For the fiscal year ending June 30, 2020, and each fiscal year 977 |
---|
1228 | 1228 | | thereafter, moneys in the account remaining shall be expended annually 978 |
---|
1229 | 1229 | | by the secretary for the purposes of the municipal revenue sharing 979 |
---|
1230 | 1230 | | grants established pursuant to subsection [(f)] (e) of this section. Any 980 |
---|
1231 | 1231 | | such moneys deposited in the account for municipal revenue sharing 981 |
---|
1232 | 1232 | | grants between October first and June thirtieth shall be distributed to 982 |
---|
1233 | 1233 | | municipalities on the following October first and any such moneys 983 |
---|
1234 | 1234 | | deposited in the account between July first and September thirtieth shall 984 |
---|
1235 | 1235 | | be distributed to municipalities on the following January thirty-first. 985 |
---|
1236 | 1236 | | Any municipality may apply to the Office of Policy and Management 986 |
---|
1237 | 1237 | | on or after July first for early disbursement of a portion of such grant. 987 |
---|
1238 | 1238 | | The Office of Policy and Management may approve such an application 988 |
---|
1239 | 1239 | | if it finds that early disbursement is required in order for a municipality 989 |
---|
1240 | 1240 | | to meet its cash flow needs. No early disbursement approved by said 990 |
---|
1241 | 1241 | | office may be issued later than September thirtieth. 991 |
---|
1242 | 1242 | | (c) (1) For the fiscal year ending June 30, 2018, motor vehicle property 992 |
---|
1243 | 1243 | | tax grants to municipalities that impose mill rates on real property and 993 |
---|
1244 | 1244 | | personal property other than motor vehicles greater than 39 mills or 994 |
---|
1245 | 1245 | | that, when combined with the mill rate of any district located within the 995 |
---|
1246 | 1246 | | municipality, impose mill rates greater than 39 mills, shall be made in 996 |
---|
1247 | 1247 | | an amount equal to the difference between the amount of property taxes 997 |
---|
1248 | 1248 | | levied by the municipality and any district located within the 998 |
---|
1249 | 1249 | | municipality on motor vehicles for the assessment year commencing 999 |
---|
1250 | 1250 | | October 1, 2013, and the amount such levy would have been if the mill 1000 |
---|
1251 | 1251 | | rate on motor vehicles for said assessment year was 39 mills. 1001 |
---|
1252 | 1252 | | (2) For the fiscal year ending June 30, 2020, and each fiscal year 1002 |
---|
1253 | 1253 | | thereafter, motor vehicle property tax grants to municipalities that 1003 |
---|
1254 | 1254 | | impose mill rates on real property and personal property other than 1004 |
---|
1255 | 1255 | | motor vehicles greater than 45 mills or that, when combined with the 1005 Substitute Bill No. 6448 |
---|
1256 | 1256 | | |
---|
1257 | 1257 | | |
---|
1258 | 1258 | | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06448- |
---|
1260 | 1260 | | 33 of 49 |
---|
1261 | 1261 | | |
---|
1262 | 1262 | | mill rate of any district located within the municipality, impose mill 1006 |
---|
1263 | 1263 | | rates greater than 45 mills, shall be made in an amount equal to the 1007 |
---|
1264 | 1264 | | difference between the amount of property taxes levied by the 1008 |
---|
1265 | 1265 | | municipality and any district located within the municipality on motor 1009 |
---|
1266 | 1266 | | vehicles for the assessment year commencing October 1, 2016, and the 1010 |
---|
1267 | 1267 | | amount such levy would have been if the mill rate on motor vehicles for 1011 |
---|
1268 | 1268 | | said assessment year was 45 mills. 1012 |
---|
1269 | 1269 | | (3) For the fiscal year ending June 30, 2018, any municipality that 1013 |
---|
1270 | 1270 | | imposed a mill rate for real and personal property of more than 39 mills 1014 |
---|
1271 | 1271 | | during the fiscal year ending June 30, 2017, and effected a revaluation of 1015 |
---|
1272 | 1272 | | real property for the 2014 or 2015 assessment year that resulted in an 1016 |
---|
1273 | 1273 | | increase of 4 or more mills over the prior mill rate, may apply to the 1017 |
---|
1274 | 1274 | | Office of Policy and Management for a supplemental motor vehicle 1018 |
---|
1275 | 1275 | | property tax grant. The Office of Policy and Management may approve 1019 |
---|
1276 | 1276 | | such an application, within available funds, provided such 1020 |
---|
1277 | 1277 | | supplemental grant does not reduce any amount payable to any other 1021 |
---|
1278 | 1278 | | municipality. 1022 |
---|
1279 | 1279 | | (4) Not later than fifteen calendar days after receiving a property tax 1023 |
---|
1280 | 1280 | | grant pursuant to this section, the municipality shall disburse to any 1024 |
---|
1281 | 1281 | | district located within the municipality the amount of any such property 1025 |
---|
1282 | 1282 | | tax grant that is attributable to the district. 1026 |
---|
1283 | 1283 | | [(d) (1) For the fiscal year ending June 30, 2017, each municipality 1027 |
---|
1284 | 1284 | | shall receive a municipal revenue sharing grant, which shall be payable 1028 |
---|
1285 | 1285 | | August 1, 2016, from the Municipal Revenue Sharing Fund established 1029 |
---|
1286 | 1286 | | in section 4-66p. The total amount of the grant payable is as follows: 1030 |
---|
1287 | 1287 | | T20 Municipality Grant Amount |
---|
1288 | 1288 | | T21 Andover 66,705 |
---|
1289 | 1289 | | T22 Ansonia 605,442 |
---|
1290 | 1290 | | T23 Ashford 87,248 |
---|
1291 | 1291 | | T24 Avon 374,711 |
---|
1292 | 1292 | | T25 Barkhamsted 76,324 |
---|
1293 | 1293 | | T26 Beacon Falls 123,341 Substitute Bill No. 6448 |
---|
1294 | 1294 | | |
---|
1295 | 1295 | | |
---|
1296 | 1296 | | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06448- |
---|
1378 | 1378 | | 36 of 49 |
---|
1379 | 1379 | | |
---|
1380 | 1380 | | T95 Lyme 21,862 |
---|
1381 | 1381 | | T96 Madison 372,897 |
---|
1382 | 1382 | | T97 Manchester 1,972,491 |
---|
1383 | 1383 | | T98 Mansfield 525,280 |
---|
1384 | 1384 | | T99 Marlborough 131,065 |
---|
1385 | 1385 | | T100 Meriden 1,315,347 |
---|
1386 | 1386 | | T101 Middlebury 154,299 |
---|
1387 | 1387 | | T102 Middlefield 91,372 |
---|
1388 | 1388 | | T103 Middletown 964,657 |
---|
1389 | 1389 | | T104 Milford 1,880,830 |
---|
1390 | 1390 | | T105 Monroe 404,221 |
---|
1391 | 1391 | | T106 Montville 401,756 |
---|
1392 | 1392 | | T107 Morris 28,110 |
---|
1393 | 1393 | | T108 Naugatuck 2,405,660 |
---|
1394 | 1394 | | T109 New Britain 5,781,991 |
---|
1395 | 1395 | | T110 New Canaan 168,106 |
---|
1396 | 1396 | | T111 New Fairfield 288,278 |
---|
1397 | 1397 | | T112 New Hartford 140,338 |
---|
1398 | 1398 | | T113 New Haven 2,118,290 |
---|
1399 | 1399 | | T114 New London 750,249 |
---|
1400 | 1400 | | T115 New Milford 565,898 |
---|
1401 | 1401 | | T116 Newington 651,000 |
---|
1402 | 1402 | | T117 Newtown 572,949 |
---|
1403 | 1403 | | T118 Norfolk 20,141 |
---|
1404 | 1404 | | T119 North Branford 292,517 |
---|
1405 | 1405 | | T120 North Canaan 66,052 |
---|
1406 | 1406 | | T121 North Haven 487,882 |
---|
1407 | 1407 | | T122 North Stonington 107,832 |
---|
1408 | 1408 | | T123 Norwalk 3,401,590 |
---|
1409 | 1409 | | T124 Norwich 1,309,943 |
---|
1410 | 1410 | | T125 Old Lyme 79,946 |
---|
1411 | 1411 | | T126 Old Saybrook 101,527 |
---|
1412 | 1412 | | T127 Orange 284,365 |
---|
1413 | 1413 | | T128 Oxford 171,492 Substitute Bill No. 6448 |
---|
1414 | 1414 | | |
---|
1415 | 1415 | | |
---|
1416 | 1416 | | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06448- |
---|
1458 | 1458 | | 38 of 49 |
---|
1459 | 1459 | | |
---|
1460 | 1460 | | T163 Torrington 2,435,109 |
---|
1461 | 1461 | | T164 Trumbull 745,325 |
---|
1462 | 1462 | | T165 Union 17,283 |
---|
1463 | 1463 | | T166 Vernon 641,027 |
---|
1464 | 1464 | | T167 Voluntown 33,914 |
---|
1465 | 1465 | | T168 Wallingford 919,984 |
---|
1466 | 1466 | | T169 Warren 11,006 |
---|
1467 | 1467 | | T170 Washington 25,496 |
---|
1468 | 1468 | | T171 Waterbury 13,438,542 |
---|
1469 | 1469 | | T172 Waterford 259,091 |
---|
1470 | 1470 | | T173 Watertown 453,012 |
---|
1471 | 1471 | | T174 West Hartford 1,614,320 |
---|
1472 | 1472 | | T175 West Haven 1,121,850 |
---|
1473 | 1473 | | T176 Westbrook 80,601 |
---|
1474 | 1474 | | T177 Weston 211,384 |
---|
1475 | 1475 | | T178 Westport 262,402 |
---|
1476 | 1476 | | T179 Wethersfield 940,267 |
---|
1477 | 1477 | | T180 Willington 121,568 |
---|
1478 | 1478 | | T181 Wilton 380,234 |
---|
1479 | 1479 | | T182 Winchester 224,447 |
---|
1480 | 1480 | | T183 Windham 513,847 |
---|
1481 | 1481 | | T184 Windsor 593,921 |
---|
1482 | 1482 | | T185 Windsor Locks 256,241 |
---|
1483 | 1483 | | T186 Wolcott 340,859 |
---|
1484 | 1484 | | T187 Woodbridge 247,758 |
---|
1485 | 1485 | | T188 Woodbury 200,175 |
---|
1486 | 1486 | | T189 Woodstock 97,708 |
---|
1487 | 1487 | | T190 Borough of Danielson - |
---|
1488 | 1488 | | T191 Borough of Litchfield - |
---|
1489 | 1489 | | T192 Bloomfield, Blue Hills FD 92,961 |
---|
1490 | 1490 | | T193 Enfield Thompsonville FD #2 354,311 |
---|
1491 | 1491 | | T194 Manchester - Eighth Utility District 436,718 |
---|
1492 | 1492 | | T195 Middletown - City Fire 910,442 |
---|
1493 | 1493 | | T196 Middletown So Fire 413,961 Substitute Bill No. 6448 |
---|
1494 | 1494 | | |
---|
1495 | 1495 | | |
---|
1496 | 1496 | | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06448- |
---|
1498 | 1498 | | 39 of 49 |
---|
1499 | 1499 | | |
---|
1500 | 1500 | | T197 Norwich CCD 552,565 |
---|
1501 | 1501 | | T198 Norwich TCD 62,849 |
---|
1502 | 1502 | | T199 Simsbury FD 221,536 |
---|
1503 | 1503 | | T200 Plainfield Fire District - |
---|
1504 | 1504 | | T201 Windham, Special Service District #2 640,000 |
---|
1505 | 1505 | | T202 Windham 1st Taxing District - |
---|
1506 | 1506 | | T203 Windham First |
---|
1507 | 1507 | | T204 West Haven First Center (D1) 1,039,843 |
---|
1508 | 1508 | | T205 West Haven: Allingtown FD (D3) 483,505 |
---|
1509 | 1509 | | T206 West Haven: West Shore FD (D2) 654,640 |
---|
1510 | 1510 | | |
---|
1511 | 1511 | | (2) For the fiscal years ending June 30, 2018, and June 30, 2019, each 1031 |
---|
1512 | 1512 | | municipality shall receive a municipal sharing grant payable not later 1032 |
---|
1513 | 1513 | | than October thirty-first of each year. The total amount of the grant 1033 |
---|
1514 | 1514 | | payable is as follows: 1034 |
---|
1515 | 1515 | | T207 Municipality Grant Amount |
---|
1516 | 1516 | | T208 Andover 96,020 |
---|
1517 | 1517 | | T209 Ansonia 643,519 |
---|
1518 | 1518 | | T210 Ashford 125,591 |
---|
1519 | 1519 | | T211 Avon 539,387 |
---|
1520 | 1520 | | T212 Barkhamsted 109,867 |
---|
1521 | 1521 | | T213 Beacon Falls 177,547 |
---|
1522 | 1522 | | T214 Berlin 1,213,548 |
---|
1523 | 1523 | | T215 Bethany 164,574 |
---|
1524 | 1524 | | T216 Bethel 565,146 |
---|
1525 | 1525 | | T217 Bethlehem 61,554 |
---|
1526 | 1526 | | T218 Bloomfield 631,150 |
---|
1527 | 1527 | | T219 Bolton 153,231 |
---|
1528 | 1528 | | T220 Bozrah 77,420 |
---|
1529 | 1529 | | T221 Branford 821,080 |
---|
1530 | 1530 | | T222 Bridgeport 9,758,441 |
---|
1531 | 1531 | | T223 Bridgewater 22,557 |
---|
1532 | 1532 | | T224 Bristol 1,836,944 |
---|
1533 | 1533 | | T225 Brookfield 494,620 Substitute Bill No. 6448 |
---|
1534 | 1534 | | |
---|
1535 | 1535 | | |
---|
1536 | 1536 | | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06448- |
---|
1618 | 1618 | | 42 of 49 |
---|
1619 | 1619 | | |
---|
1620 | 1620 | | T294 Morris 40,463 |
---|
1621 | 1621 | | T295 Naugatuck 1,251,980 |
---|
1622 | 1622 | | T296 New Britain 3,131,893 |
---|
1623 | 1623 | | T297 New Canaan 241,985 |
---|
1624 | 1624 | | T298 New Fairfield 414,970 |
---|
1625 | 1625 | | T299 New Hartford 202,014 |
---|
1626 | 1626 | | T300 New Haven 114,863 |
---|
1627 | 1627 | | T301 New London 917,228 |
---|
1628 | 1628 | | T302 New Milford 814,597 |
---|
1629 | 1629 | | T303 Newington 937,100 |
---|
1630 | 1630 | | T304 Newtown 824,747 |
---|
1631 | 1631 | | T305 Norfolk 28,993 |
---|
1632 | 1632 | | T306 North Branford 421,072 |
---|
1633 | 1633 | | T307 North Canaan 95,081 |
---|
1634 | 1634 | | T308 North Haven 702,295 |
---|
1635 | 1635 | | T309 North Stonington 155,222 |
---|
1636 | 1636 | | T310 Norwalk 4,896,511 |
---|
1637 | 1637 | | T311 Norwich 1,362,971 |
---|
1638 | 1638 | | T312 Old Lyme 115,080 |
---|
1639 | 1639 | | T313 Old Saybrook 146,146 |
---|
1640 | 1640 | | T314 Orange 409,337 |
---|
1641 | 1641 | | T315 Oxford 246,859 |
---|
1642 | 1642 | | T316 Plainfield 446,742 |
---|
1643 | 1643 | | T317 Plainville 522,783 |
---|
1644 | 1644 | | T318 Plymouth 367,902 |
---|
1645 | 1645 | | T319 Pomfret 78,101 |
---|
1646 | 1646 | | T320 Portland 277,409 |
---|
1647 | 1647 | | T321 Preston 84,835 |
---|
1648 | 1648 | | T322 Prospect 283,717 |
---|
1649 | 1649 | | T323 Putnam 109,975 |
---|
1650 | 1650 | | T324 Redding 273,185 |
---|
1651 | 1651 | | T325 Ridgefield 738,233 |
---|
1652 | 1652 | | T326 Rocky Hill 584,244 |
---|
1653 | 1653 | | T327 Roxbury 23,029 Substitute Bill No. 6448 |
---|
1654 | 1654 | | |
---|
1655 | 1655 | | |
---|
1656 | 1656 | | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06448- |
---|
1698 | 1698 | | 44 of 49 |
---|
1699 | 1699 | | |
---|
1700 | 1700 | | T362 West Haven 1,614,877 |
---|
1701 | 1701 | | T363 Westbrook 116,023 |
---|
1702 | 1702 | | T364 Weston 304,282 |
---|
1703 | 1703 | | T365 Westport 377,722 |
---|
1704 | 1704 | | T366 Wethersfield 1,353,493 |
---|
1705 | 1705 | | T367 Willington 174,995 |
---|
1706 | 1706 | | T368 Wilton 547,338 |
---|
1707 | 1707 | | T369 Winchester 323,087 |
---|
1708 | 1708 | | T370 Windham 739,671 |
---|
1709 | 1709 | | T371 Windsor 854,935 |
---|
1710 | 1710 | | T372 Windsor Locks 368,853 |
---|
1711 | 1711 | | T373 Wolcott 490,659 |
---|
1712 | 1712 | | T374 Woodbridge 274,418 |
---|
1713 | 1713 | | T375 Woodbury 288,147 |
---|
1714 | 1714 | | T376 Woodstock 140,648] |
---|
1715 | 1715 | | |
---|
1716 | 1716 | | [(e) For the fiscal year ending June 30, 2017, and each fiscal year 1035 |
---|
1717 | 1717 | | thereafter, each regional council of governments shall receive a regional 1036 |
---|
1718 | 1718 | | services grant, the amount of which will be based on a formula to be 1037 |
---|
1719 | 1719 | | determined by the secretary, except that, for the fiscal year ending June 1038 |
---|
1720 | 1720 | | 30, 2018, and each fiscal year thereafter, thirty-five per cent of such grant 1039 |
---|
1721 | 1721 | | moneys shall be awarded to regional councils of governments for the 1040 |
---|
1722 | 1722 | | purpose of assisting regional education service centers in merging their 1041 |
---|
1723 | 1723 | | human resource, finance or technology services with such services 1042 |
---|
1724 | 1724 | | provided by municipalities within the region. For the fiscal year ending 1043 |
---|
1725 | 1725 | | June 30, 2017, three million dollars shall be expended by the secretary 1044 |
---|
1726 | 1726 | | from the Municipal Revenue Sharing Fund established in section 4-66p 1045 |
---|
1727 | 1727 | | for the purpose of the regional services grant. No such council shall 1046 |
---|
1728 | 1728 | | receive a grant for the fiscal year ending June 30, 2018, or any fiscal year 1047 |
---|
1729 | 1729 | | thereafter, unless the secretary approves a spending plan for such grant 1048 |
---|
1730 | 1730 | | moneys submitted by such council to the secretary on or before July 1, 1049 |
---|
1731 | 1731 | | 2017, and annually thereafter. The regional councils of governments 1050 |
---|
1732 | 1732 | | shall use such grants for planning purposes and to achieve efficiencies 1051 |
---|
1733 | 1733 | | in the delivery of municipal services by regionalizing such services, 1052 |
---|
1734 | 1734 | | including, but not limited to, region-wide consolidation of such services. 1053 Substitute Bill No. 6448 |
---|
1735 | 1735 | | |
---|
1736 | 1736 | | |
---|
1737 | 1737 | | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06448- |
---|
1739 | 1739 | | 45 of 49 |
---|
1740 | 1740 | | |
---|
1741 | 1741 | | Such efficiencies shall not diminish the quality of such services. A 1054 |
---|
1742 | 1742 | | unanimous vote of the representatives of such council shall be required 1055 |
---|
1743 | 1743 | | for approval of any expenditure from such grant. On or before October 1056 |
---|
1744 | 1744 | | 1, 2017, and biennially thereafter, each such council shall submit a 1057 |
---|
1745 | 1745 | | report, in accordance with section 11-4a, to the joint standing 1058 |
---|
1746 | 1746 | | committees of the General Assembly having cognizance of matters 1059 |
---|
1747 | 1747 | | relating to planning and development and finance, revenue and 1060 |
---|
1748 | 1748 | | bonding. Such report shall summarize the expenditure of such grants 1061 |
---|
1749 | 1749 | | and provide recommendations concerning the expansion, reduction or 1062 |
---|
1750 | 1750 | | modification of such grants.] 1063 |
---|
1751 | 1751 | | [(f)] (d) For the fiscal year ending June 30, 2020, and each fiscal year 1064 |
---|
1752 | 1752 | | thereafter, each municipality shall receive a municipal revenue sharing 1065 |
---|
1753 | 1753 | | grant as follows: 1066 |
---|
1754 | 1754 | | (1) (A) A municipality having a mill rate at or above twenty-five shall 1067 |
---|
1755 | 1755 | | receive the per capita distribution or pro rata distribution, whichever is 1068 |
---|
1756 | 1756 | | higher for such municipality. 1069 |
---|
1757 | 1757 | | (B) Such grants shall be increased by a percentage calculated as 1070 |
---|
1758 | 1758 | | follows: 1071 |
---|
1759 | 1759 | | T377 |
---|
1760 | 1760 | | Sum of per capita distribution amount |
---|
1761 | 1761 | | T378 |
---|
1762 | 1762 | | for all municipalities having a mill rate |
---|
1763 | 1763 | | T379 |
---|
1764 | 1764 | | below twenty-five – pro rata distribution |
---|
1765 | 1765 | | T380 |
---|
1766 | 1766 | | amount for all municipalities |
---|
1767 | 1767 | | T381 having a mill rate below twenty-five |
---|
1768 | 1768 | | T382 |
---|
1769 | 1769 | | _______________________________________ |
---|
1770 | 1770 | | T383 |
---|
1771 | 1771 | | Sum of all grants to municipalities |
---|
1772 | 1772 | | T384 |
---|
1773 | 1773 | | calculated pursuant to subparagraph (A) |
---|
1774 | 1774 | | T385 of subdivision (1) of this subsection. |
---|
1775 | 1775 | | |
---|
1776 | 1776 | | (C) Notwithstanding the provisions of subparagraphs (A) and (B) of 1072 |
---|
1777 | 1777 | | this subdivision, Hartford shall receive not more than 5.2 per cent of the 1073 |
---|
1778 | 1778 | | municipal revenue sharing grants distributed pursuant to this 1074 |
---|
1779 | 1779 | | subsection; Bridgeport shall receive not more than 4.5 per cent of the 1075 Substitute Bill No. 6448 |
---|
1780 | 1780 | | |
---|
1781 | 1781 | | |
---|
1782 | 1782 | | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06448- |
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1784 | 1784 | | 46 of 49 |
---|
1785 | 1785 | | |
---|
1786 | 1786 | | municipal revenue sharing grants distributed pursuant to this 1076 |
---|
1787 | 1787 | | subsection; New Haven shall receive not more than 2.0 per cent of the 1077 |
---|
1788 | 1788 | | municipal revenue sharing grants distributed pursuant to this 1078 |
---|
1789 | 1789 | | subsection and Stamford shall receive not more than 2.8 per cent of the 1079 |
---|
1790 | 1790 | | equalization grants distributed pursuant to this subsection. Any excess 1080 |
---|
1791 | 1791 | | funds remaining after such reductions in payments to Hartford, 1081 |
---|
1792 | 1792 | | Bridgeport, New Haven and Stamford shall be distributed to all other 1082 |
---|
1793 | 1793 | | municipalities having a mill rate at or above twenty-five on a pro rata 1083 |
---|
1794 | 1794 | | basis according to the payment they receive pursuant to this 1084 |
---|
1795 | 1795 | | subdivision; and 1085 |
---|
1796 | 1796 | | (2) A municipality having a mill rate below twenty-five shall receive 1086 |
---|
1797 | 1797 | | the per capita distribution or pro rata distribution, whichever is less for 1087 |
---|
1798 | 1798 | | such municipality. 1088 |
---|
1799 | 1799 | | (3) For the purposes of this subsection, "mill rate" means the mill rate 1089 |
---|
1800 | 1800 | | for real property and personal property other than motor vehicles. 1090 |
---|
1801 | 1801 | | [(g)] (e) Except as provided in subsection (c) of this section, a 1091 |
---|
1802 | 1802 | | municipality may disburse any municipal revenue sharing grant funds 1092 |
---|
1803 | 1803 | | to a district within such municipality. 1093 |
---|
1804 | 1804 | | [(h)] (f) (1) Except as provided in subdivision (2) of this subsection, 1094 |
---|
1805 | 1805 | | for the fiscal year ending June 30, 2018, and each fiscal year thereafter, 1095 |
---|
1806 | 1806 | | the amount of the grant payable to a municipality in any year in 1096 |
---|
1807 | 1807 | | accordance with subsection (d) [or (f)] of this section shall be reduced if 1097 |
---|
1808 | 1808 | | such municipality increases its adopted budget expenditures for such 1098 |
---|
1809 | 1809 | | fiscal year above a cap equal to the amount of adopted budget 1099 |
---|
1810 | 1810 | | expenditures authorized for the previous fiscal year by 2.5 per cent or 1100 |
---|
1811 | 1811 | | more or the rate of inflation, whichever is greater. Such reduction shall 1101 |
---|
1812 | 1812 | | be in an amount equal to fifty cents for every dollar expended over the 1102 |
---|
1813 | 1813 | | cap set forth in this subsection. For the purposes of this section, (A) 1103 |
---|
1814 | 1814 | | "municipal spending" does not include expenditures for debt service, 1104 |
---|
1815 | 1815 | | special education, implementation of court orders or arbitration awards, 1105 |
---|
1816 | 1816 | | expenditures associated with a major disaster or emergency declaration 1106 |
---|
1817 | 1817 | | by the President of the United States, a disaster emergency declaration 1107 Substitute Bill No. 6448 |
---|
1818 | 1818 | | |
---|
1819 | 1819 | | |
---|
1820 | 1820 | | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06448- |
---|
1822 | 1822 | | 47 of 49 |
---|
1823 | 1823 | | |
---|
1824 | 1824 | | issued by the Governor pursuant to chapter 517 or any disbursement 1108 |
---|
1825 | 1825 | | made to a district pursuant to subsection (c) or [(g)] (e) of this section, 1109 |
---|
1826 | 1826 | | budgeting for an audited deficit, nonrecurring grants, capital 1110 |
---|
1827 | 1827 | | expenditures or payments on unfunded pension liabilities, (B) "adopted 1111 |
---|
1828 | 1828 | | budget expenditures" includes expenditures from a municipality's 1112 |
---|
1829 | 1829 | | general fund and expenditures from any nonbudgeted funds, and (C) 1113 |
---|
1830 | 1830 | | "capital expenditure" means a nonrecurring capital expenditure of one 1114 |
---|
1831 | 1831 | | hundred thousand dollars or more. Each municipality shall annually 1115 |
---|
1832 | 1832 | | certify to the secretary, on a form prescribed by said secretary, whether 1116 |
---|
1833 | 1833 | | such municipality has exceeded the cap set forth in this subsection and 1117 |
---|
1834 | 1834 | | if so the amount by which the cap was exceeded. 1118 |
---|
1835 | 1835 | | (2) For the fiscal year ending June 30, 2018, and each fiscal year 1119 |
---|
1836 | 1836 | | thereafter, the amount of the grant payable to a municipality in any year 1120 |
---|
1837 | 1837 | | in accordance with subsection (d) or [(f)] (e) of this section shall not be 1121 |
---|
1838 | 1838 | | reduced in the case of a municipality whose adopted budget 1122 |
---|
1839 | 1839 | | expenditures exceed the cap set forth in subdivision (1) of this 1123 |
---|
1840 | 1840 | | subsection by an amount proportionate to any increase to its municipal 1124 |
---|
1841 | 1841 | | population from the previous fiscal year, as determined by the secretary. 1125 |
---|
1842 | 1842 | | [(i)] (g) For the fiscal year ending June 30, 2020, and each fiscal year 1126 |
---|
1843 | 1843 | | thereafter, the amount of the grant payable to a municipality in any year 1127 |
---|
1844 | 1844 | | in accordance with subsection [(f)] (d) of this section shall be reduced 1128 |
---|
1845 | 1845 | | proportionately in the event that the total of such grants in such year 1129 |
---|
1846 | 1846 | | exceeds the amount available for such grants in the municipal revenue 1130 |
---|
1847 | 1847 | | sharing account established pursuant to subsection (b) of this section. 1131 |
---|
1848 | 1848 | | Sec. 14. (NEW) (Effective July 1, 2021) (a) For the purposes of this 1132 |
---|
1849 | 1849 | | section, "beverage" includes alcoholic liquor or an alcoholic beverage, as 1133 |
---|
1850 | 1850 | | defined in section 30-1 of the general statutes, "food establishment" 1134 |
---|
1851 | 1851 | | means a food establishment that is licensed or permitted to operate 1135 |
---|
1852 | 1852 | | pursuant to section 19a-36i of the general statutes, and "municipality" 1136 |
---|
1853 | 1853 | | has the same meaning as provided in section 8-1a of the general statutes. 1137 |
---|
1854 | 1854 | | (b) Notwithstanding any provision of the general statutes, special act, 1138 |
---|
1855 | 1855 | | municipal charter or ordinance, the zoning commission of each 1139 Substitute Bill No. 6448 |
---|
1856 | 1856 | | |
---|
1857 | 1857 | | |
---|
1858 | 1858 | | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06448- |
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1860 | 1860 | | 48 of 49 |
---|
1861 | 1861 | | |
---|
1862 | 1862 | | municipality shall allow any licensee or permittee of a food 1140 |
---|
1863 | 1863 | | establishment operating in such municipality to engage in outdoor food 1141 |
---|
1864 | 1864 | | and beverage service as an accessory use of such food establishment's 1142 |
---|
1865 | 1865 | | permitted use. Such accessory use shall be allowed as of right, subject 1143 |
---|
1866 | 1866 | | only to any required administrative site plan review to determine 1144 |
---|
1867 | 1867 | | conformance with zoning requirements not contemplated by this 1145 |
---|
1868 | 1868 | | section, provided such accessory use would not result in the expansion 1146 |
---|
1869 | 1869 | | of a nonconforming use. 1147 |
---|
1870 | 1870 | | (c) Any such licensee or permittee may engage in outdoor food and 1148 |
---|
1871 | 1871 | | beverage service (1) on public sidewalks and other pedestrian pathways 1149 |
---|
1872 | 1872 | | abutting the area permitted for principal use and on which vehicular 1150 |
---|
1873 | 1873 | | access is not allowed, (A) provided a pathway the length of the lot upon 1151 |
---|
1874 | 1874 | | which the area permitted for principal use is located, and not less than 1152 |
---|
1875 | 1875 | | six feet in width, not including any area on a street or highway, shall 1153 |
---|
1876 | 1876 | | remain unobstructed for pedestrian use, and (B) subject to reasonable 1154 |
---|
1877 | 1877 | | conditions imposed by the municipal official or agency that issues right-1155 |
---|
1878 | 1878 | | of-way or obstruction permits; (2) on off-street parking spaces 1156 |
---|
1879 | 1879 | | associated with the permitted use, notwithstanding any municipal 1157 |
---|
1880 | 1880 | | ordinance or zoning regulation establishing minimum requirements for 1158 |
---|
1881 | 1881 | | off-street parking; (3) on any lot, yard, court or open space abutting the 1159 |
---|
1882 | 1882 | | area permitted for principal use, provided (A) such lot, yard, court or 1160 |
---|
1883 | 1883 | | open space is located in a zoning district where the operation of food 1161 |
---|
1884 | 1884 | | establishments is permitted, and (B) the licensee or permittee obtains 1162 |
---|
1885 | 1885 | | written authorization to engage in such service from the owner of such 1163 |
---|
1886 | 1886 | | lot, yard, court or open space and provides a copy of such authorization 1164 |
---|
1887 | 1887 | | to the zoning commission; and (4) until 9 o'clock p.m., or a time 1165 |
---|
1888 | 1888 | | established by the zoning commission of the municipality, whichever is 1166 |
---|
1889 | 1889 | | later. 1167 |
---|
1890 | 1890 | | Sec. 15. Subsection (a) of section 32-37 of the general statutes is 1168 |
---|
1891 | 1891 | | repealed and the following is substituted in lieu thereof (Effective July 1, 1169 |
---|
1892 | 1892 | | 2021): 1170 |
---|
1893 | 1893 | | (a) The powers of the corporation shall be vested in and exercised by 1171 |
---|
1894 | 1894 | | the board of directors. Eight members of the board shall constitute a 1172 Substitute Bill No. 6448 |
---|
1895 | 1895 | | |
---|
1896 | 1896 | | |
---|
1897 | 1897 | | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06448- |
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1899 | 1899 | | 49 of 49 |
---|
1900 | 1900 | | |
---|
1901 | 1901 | | quorum and the affirmative vote of a majority of the members present 1173 |
---|
1902 | 1902 | | at a meeting of the board shall be necessary and sufficient for any action 1174 |
---|
1903 | 1903 | | taken by the board. No vacancy in the membership of the board shall 1175 |
---|
1904 | 1904 | | impair the right of a quorum to exercise all the rights and perform all 1176 |
---|
1905 | 1905 | | the duties of the board. Any action taken by the board may be 1177 |
---|
1906 | 1906 | | authorized by resolution at any regular or special meeting and shall take 1178 |
---|
1907 | 1907 | | effect immediately unless otherwise provided in the resolution. Notice 1179 |
---|
1908 | 1908 | | of any regular meeting shall be given in writing, by telephone or orally, 1180 |
---|
1909 | 1909 | | not less than forty-eight hours prior to the meeting. Notice of any special 1181 |
---|
1910 | 1910 | | meeting shall be given in accordance with subsection [(d)] (e) of section 1182 |
---|
1911 | 1911 | | 1-225, as amended by this act. 1183 |
---|
1912 | 1912 | | This act shall take effect as follows and shall amend the following |
---|
1913 | 1913 | | sections: |
---|
1914 | 1914 | | |
---|
1915 | 1915 | | Section 1 July 1, 2021 1-200 |
---|
1916 | 1916 | | Sec. 2 July 1, 2021 1-206 |
---|
1917 | 1917 | | Sec. 3 July 1, 2021 1-225 |
---|
1918 | 1918 | | Sec. 4 July 1, 2021 1-227 |
---|
1919 | 1919 | | Sec. 5 July 1, 2021 1-228 |
---|
1920 | 1920 | | Sec. 6 January 1, 2022 7-7 |
---|
1921 | 1921 | | Sec. 7 January 1, 2022 7-8 |
---|
1922 | 1922 | | Sec. 8 January 1, 2022 1-232 |
---|
1923 | 1923 | | Sec. 9 from passage 4-124s |
---|
1924 | 1924 | | Sec. 10 from passage 8-31b(b) |
---|
1925 | 1925 | | Sec. 11 July 1, 2021 4-66k |
---|
1926 | 1926 | | Sec. 12 July 1, 2021 4-66r |
---|
1927 | 1927 | | Sec. 13 July 1, 2021 4-66l |
---|
1928 | 1928 | | Sec. 14 July 1, 2021 New section |
---|
1929 | 1929 | | Sec. 15 July 1, 2021 32-37(a) |
---|
1930 | 1930 | | |
---|