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 Section 1-200 of the general statutes is repealed and the 1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