LCO No. 5641 1 of 11 General Assembly Raised Bill No. 6655 January Session, 2021 LCO No. 5641 Referred to Committee on FINANCE, REVENUE AND BONDING Introduced by: (FIN) AN ACT CONCERNING MU NICIPAL TAXATION AND INCENTIVIZING REGIONALIZATION. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective July 1, 2022) (a) As used in this section: 1 (1) "Debt payment" means the payment of principal and interest on 2 bonds, notes or certificates of indebtedness, excluding revenue bonds, 3 issued by a municipality; 4 (2) "Legislative body" means (A) the board of selectmen in a town that 5 does not have a charter, special act or home rule ordinance relating to 6 its government, (B) the council, board of aldermen, representative town 7 meeting, board of selectmen or other elected legislative body described 8 in a charter, special act or home rule ordinance relating to government 9 Raised Bill No. 6655 LCO No. 5641 2 of 11 in a city, consolidated town and city, consolidated town and borough or 10 a town having a charter, special act, consolidation ordinance or home 11 rule ordinance relating to its government, (C) the board of burgesses or 12 other elected legislative body in a borough, or (D) the district committee 13 or other elected legislative body in a district or other municipal 14 corporation; 15 (3) "Municipality" means any town, city, borough, consolidated town 16 and city, consolidated town and borough, district as defined in section 17 7-324 of the general statutes and any other municipal corporation 18 having the power to levy a tax on property pursuant to chapter 204 of 19 the general statutes; 20 (4) "Total tax levied" means the total amount of property taxes a 21 municipality levies under chapter 204 of the general statutes with 22 respect to all real property, personal property and motor vehicles; and 23 (5) "Voter" means any person who is (A) an elector of a municipality, 24 or (B) a citizen of the United States of the age of eighteen years or more 25 who, jointly or severally, (i) is liable to the municipality for taxes against 26 such person on an assessment of not less than one thousand dollars on 27 the last-completed grand list of such municipality, or (ii) would be so 28 liable if not entitled to an exemption under subdivision (17), (19), (22), 29 (23), (25) or (26) of section 12-81 of the general statutes. 30 (b) (1) For each fiscal year commencing on or after July 1, 2022, the 31 total tax levied by a municipality shall not exceed two and one-half per 32 cent of the net grand list of such municipality. 33 (2) Any municipality in which the total tax levied exceeds the limit 34 set forth in subdivision (1) of this subsection shall be subject to the 35 provisions of subsection (c) of this section. 36 (c) (1) Any municipality in which the total tax levied exceeds the limit 37 allowed under subsection (b) of this section shall reduce such levy for 38 each successive fiscal year by not less than fifteen per cent of the total 39 tax levy for the preceding fiscal year, until such levy does not exceed the 40 Raised Bill No. 6655 LCO No. 5641 3 of 11 limit allowed under said subsection, except that no municipality shall 41 be required to reduce the total tax levied to below the limit allowed 42 under said subsection. The municipality may adjust any reductions 43 under this subsection in accordance with the provisions of subdivision 44 (2) of this subsection. 45 (2) Notwithstanding the provisions of any municipal charter, special 46 act or home rule ordinance, the legislative body of any municipality 47 subject to the provisions of subdivision (1) of this subsection may, by a 48 two-thirds vote of the members present and voting, hold a referendum 49 to seek voter approval of the levy of additional taxes by a specified 50 amount in excess of the amount allowed under subdivision (1) of this 51 subsection. Such referendum shall be by a "yes" or "no" vote on paper 52 ballots or on the voting machines of the municipality. The question 53 submitted to the voters shall be: "Shall the ____ (insert name of the 54 taxing entity) be allowed to levy an additional $____ (insert the amount) 55 in real and personal property taxes for the fiscal year commencing July 56 1, ____ (insert the year)?". 57 (3) If the amount specified in such question is not greater than one-58 half of the reduction required pursuant to subdivision (1) of this 59 subsection, the proposal shall be deemed approved if a majority of the 60 voters casting votes thereon cast "yes" votes. If the amount specified in 61 such question is greater than one-half of the reduction required 62 pursuant to subdivision (1) of this subsection, the proposal shall be 63 deemed approved if two-thirds of the voters casting votes thereon cast 64 "yes" votes. In no event shall the amount specified be greater than the 65 reduction required pursuant to subdivision (1) of this subsection. 66 (d) (1) In any municipality in which the total tax levied results in a 67 percentage that is less than or equal to the limit allowed under 68 subsection (b) of this section, the total tax levied for any fiscal year shall 69 not exceed an amount equal to one hundred two and one-half per cent 70 of the maximum levy limit for the preceding fiscal year, except that any 71 municipality may increase the total tax levied (A) in accordance with the 72 provisions of subdivision (2) of this subsection, and (B) for the then-73 Raised Bill No. 6655 LCO No. 5641 4 of 11 current fiscal year, by an amount equal to the tax rate for the preceding 74 fiscal year multiplied by the amount of increase in the assessed 75 valuation of any real or personal property over the assessed valuation 76 during the preceding fiscal year, which real or personal property (i) shall 77 become subject to the tax under chapter 204 of the general statutes for 78 the first time or taxed as a separate parcel for the first time, during the 79 then-current fiscal year, or (ii) has had an increase in its assessed 80 valuation over the preceding fiscal year, provided such increase in 81 assessed valuation is not due to revaluation of the entire municipality. 82 (2) Notwithstanding the provisions of any municipal charter, special 83 act or home rule ordinance, the legislative body of any municipality 84 may, by a two-thirds vote of the members present and voting, hold a 85 referendum to seek voter approval to levy additional taxes on real and 86 personal property by a specified amount in excess of the limit allowed 87 under subdivision (1) of this subsection. Such vote shall be by a "yes" or 88 "no" vote on paper ballots or on the voting machines of the municipality. 89 The question submitted to the voters shall be: "Shall the ____ (insert 90 name of the taxing entity) be allowed to levy an additional $____ (insert 91 the amount) in real and personal property taxes for the purposes of ____ 92 (insert the intended purpose or purposes for which the moneys from the 93 levy will be used) for the fiscal year commencing July 1, ____ (insert the 94 year)?". The proposal shall be deemed approved if a majority of the 95 voters casting votes thereon cast "yes" votes. 96 (e) Notwithstanding the provisions of any municipal charter, special 97 act or home rule ordinance, if a majority of the legislative body of any 98 municipality shall so require or on application of at least fifty voters, 99 such legislative body shall call a meeting, in accordance with the 100 provisions of section 7-7 of the general statutes, to submit a question to 101 voters whether to require the municipality to reduce the taxes levied by 102 a specified amount below the limit allowed under subsection (d) of this 103 section. Such vote shall be by a "yes" or "no" vote on paper ballots or on 104 the voting machines of the municipality. The question submitted to the 105 voters shall be: "Shall the ____ (insert name of the taxing entity) be 106 required to reduce the amount of real and personal property taxes to be 107 Raised Bill No. 6655 LCO No. 5641 5 of 11 assessed for the fiscal year commencing July 1, ____ (insert the year) by 108 an amount equal to $____ (insert the amount)?". The proposal shall be 109 deemed approved if a majority of the voters casting votes thereon cast 110 "yes" votes and the tax levy shall be decreased accordingly. 111 (f) (1) Notwithstanding the provisions of any municipal charter, 112 special act or home rule ordinance, the legislative body of any 113 municipality may, by a two-thirds vote of the members present and 114 voting, place a question on the ballot: 115 (A) At any regular or special state or municipal election held before 116 the setting of the annual tax rate, for voter approval to levy additional 117 taxes on real and personal property by a specified amount in excess of 118 the limit allowed under subsection (b) or (d) of this section for capital 119 outlay expenditures, provided such expenditures may only be 120 authorized under this subdivision for a municipal purpose for which 121 the municipality would be authorized to borrow money under the 122 provisions of title 7 of the general statutes. Such vote shall be by a "yes" 123 or "no" vote on paper ballots or on the voting machines of the 124 municipality. The question submitted to the voters shall be: "Shall the 125 ____ (insert name of the taxing entity) be allowed to levy an additional 126 $____ (insert the amount) in real and personal property taxes for the 127 purposes of ____ (insert the intended purpose or purposes for which the 128 moneys from the levy will be used) for the fiscal year commencing July 129 1, ____ (insert the year)?". The proposal shall be deemed approved if a 130 majority of the voters casting votes thereon cast "yes" votes; 131 (B) At any regular or special state or municipal election, for voter 132 approval to levy additional taxes on real and personal property in excess 133 of the limit allowed under subsection (b) or (d) of this section for debt 134 payments that are outstanding as of July 1, 2022. Such vote shall be by a 135 "yes" or "no" vote on paper ballots or on the voting machines of the 136 municipality. The question submitted to the voters shall be: "Shall ____ 137 (insert the municipality) be allowed to exempt from ____'s (insert 138 municipality) levy limit the total amounts required to pay for bonded 139 indebtedness incurred prior to July 1, 2022?". The proposal shall be 140 Raised Bill No. 6655 LCO No. 5641 6 of 11 deemed approved if a majority of the voters casting votes thereon cast 141 "yes" votes; and 142 (C) At any regular or special state or municipal election, for voter 143 approval to levy additional taxes on real and personal property in excess 144 of the limit allowed under subsection (b) or (d) of this section for debt 145 payments incurred on or after July 1, 2022. Such vote shall be by a "yes" 146 or "no" vote on paper ballots or on the voting machines of the 147 municipality. The question submitted to the voters shall be: "Shall ____ 148 (insert the municipality) be allowed to exempt from ____'s (insert 149 municipality) levy limit the total amounts required to pay for the bonds 150 issued in order to ____ (insert the purpose or purposes for which the 151 moneys from the bonds issued will be used)?". The proposal shall be 152 deemed approved if a majority of the voters casting votes thereon cast 153 "yes" votes. 154 (2) The amounts exempted and additional taxes levied under 155 subdivision (1) of this subsection and subsection (h) of this section shall 156 be excluded from the calculation of the total tax levied under subsection 157 (b) of this section or the maximum levy amount under subsection (d) of 158 this section. 159 (g) The legislative body of any municipality may direct that the 160 question or questions authorized for a referendum under this section be 161 placed on the ballot at any regular or special state or municipal election 162 or may call a meeting in accordance with the provisions of section 7-7 of 163 the general statutes to submit such question or questions to voters. 164 (h) Notwithstanding the provisions of this section or any municipal 165 charter, special act or home rule ordinance, the legislative body of any 166 municipality may levy additional taxes in excess of the maximum limit 167 under subsection (b) or (d) of this section solely for the payment, in 168 whole or in part, of water or sewer debt charges, provided the aggregate 169 amount of water and sewer charges are reduced by the aggregate 170 amount of any such additional taxes levied. In the case of a municipality 171 whose water and sewer service is provided by an independent 172 Raised Bill No. 6655 LCO No. 5641 7 of 11 commission, authority or district that separately bills water and sewer 173 users, the municipality may enter into an agreement with such 174 commission, authority or district to effectuate the purposes of this 175 subsection. The tax collector or the treasurer of the municipality shall 176 immediately pay over the taxes collected pursuant to this subsection, 177 without appropriation by the municipality, to such commission, 178 authority or district, less any amounts agreed upon by the parties for 179 administrative costs incurred in carrying out the agreement. Nothing in 180 this subsection shall be construed to affect the eligibility of such 181 commission, authority or district to receive loans and grants for water 182 pollution control projects or eligible drinking water projects. 183 (i) Notwithstanding the provisions of this section, the legislative body 184 of any municipality may adjust the limit allowed under subsection (b) 185 or (d) of this section to counterbalance the effects of extraordinary, 186 nonrecurring events that occurred during the base year that were not 187 within the purview of normal municipal financial practices and would 188 otherwise cause a limit to be set that would be inconsistent with the 189 limits intended under this section, provided notice of any such 190 adjustment is provided to voters, in writing, and explained in detail. 191 Sec. 2. (NEW) (Effective from passage) Notwithstanding the provisions 192 of any municipal charter, special act or home rule ordinance, any 193 municipality may impose, by ordinance, a local tax on income, goods, 194 services or other tangible or intangible assets, or any combination 195 thereof, as determined by the legislative body of the municipality to be 196 desirable or necessary to meet the public services and other needs of the 197 municipality. No such tax shall be effective until notice has been 198 provided to the residents of the municipality and the general public 199 about the imposition of such tax, through the posting of information on 200 the municipality's Internet web page and other appropriate means, as 201 determined by the legislative body of the municipality. Such ordinance 202 shall include, but not be limited to, the specific items or amounts on 203 which such tax will be imposed, the rate and effective date of such tax, 204 the rate of interest and penalty imposed on the amount of such tax that 205 is delinquent, the method of collection and remittance of such tax and 206 Raised Bill No. 6655 LCO No. 5641 8 of 11 the provisions for a taxpayer's right of appeal. 207 Sec. 3. (NEW) (Effective July 1, 2021) (a) (1) Each municipality that 208 enters into an interlocal agreement, on or after July 1, 2021, with one or 209 more municipalities pursuant to section 7-148cc of the general statutes, 210 for the provision of a service that each such municipality currently 211 provides separately shall be eligible for a grant in the following amounts 212 for each year such municipality remains a party to such agreement and 213 the applicable service is provided on a regional basis: 214 (A) For the provision of education, ten per cent of the amount 215 budgeted for education in the municipality's most recently approved 216 budget; 217 (B) For the provision of police services, fire-fighting services or 218 emergency medical services, five per cent of the amount budgeted in the 219 municipality's most recently approved budget and attributable to the 220 specific service being provided on a regional basis; and 221 (C) For the provision of any other service, two and one-half per cent 222 of the amount budgeted in the municipality's most recently approved 223 budget and attributable to the specific service being provided on a 224 regional basis. 225 (2) Any municipality eligible to receive a grant under subdivision (1) 226 of this subsection may receive more than one grant under said 227 subdivision. Any grant received under this section shall be in addition 228 to any other grants or funds such municipality is eligible to receive. 229 (b) Each municipality eligible to receive a grant under subsection (a) 230 of this section shall submit an application annually to the Secretary of 231 the Office of Policy and Management, in such form and manner as the 232 secretary prescribes. The application shall include, but not be limited to, 233 a description of the specific service being provided on a regional basis, 234 the other municipality or municipalities that are a party to the 235 agreement entered into under subsection (a) of this section and 236 documentation of the amount budgeted in the municipality's most 237 Raised Bill No. 6655 LCO No. 5641 9 of 11 recently approved budget and attributable to the specific service being 238 provided on a regional basis. The secretary shall review each application 239 to verify the provision of the service claimed in such application and 240 calculate the amount of the grant or grants due to a municipality under 241 this section. Payment of such grants shall be made from the municipal 242 revenue sharing account established under section 4-66l of the general 243 statutes, as amended by this act. 244 (c) Any municipality that terminates or withdraws from an 245 agreement entered into under subsection (a) of this section or otherwise 246 ceases to provide a service on a regional basis shall be ineligible to 247 receive a grant under this section commencing with the fiscal year in 248 which such termination or withdrawal occurred. 249 (d) Any provision of a municipal charter, special act or home rule 250 ordinance that prohibits or limits a municipality from sharing services 251 with other municipalities are hereby repealed, revoked and rescinded. 252 (e) Any collective bargaining unit may enter into an agreement with 253 one or more collective bargaining units to establish a coalition 254 bargaining unit to negotiate with municipalities for the provision of 255 public services on a regional basis, including, but not limited to, 256 education, police services, fire-fighting services and emergency medical 257 services. 258 Sec. 4. Subsection (b) of section 4-66l of the general statutes, as 259 amended by section 6 of public act 21-3, is repealed and the following is 260 substituted in lieu thereof (Effective July 1, 2021): 261 (b) There is established an account to be known as the "municipal 262 revenue sharing account" which shall be a separate, nonlapsing account 263 within the General Fund. The account shall contain any moneys 264 required by law to be deposited in the account. The secretary shall set 265 aside and ensure availability of moneys in the account in the following 266 order of priority and shall transfer or disburse such moneys as follows: 267 (1) Ten million dollars for the fiscal year ending June 30, 2016, shall 268 Raised Bill No. 6655 LCO No. 5641 10 of 11 be transferred not later than April fifteenth for the purposes of grants 269 under section 10-262h; 270 (2) For the fiscal year ending June 30, 2018, and each fiscal year 271 thereafter, moneys sufficient to make motor vehicle property tax grants 272 payable to municipalities pursuant to subsection (c) of this section shall 273 be expended not later than August first annually by the secretary; 274 (3) For the fiscal year ending June 30, 2022, and each fiscal year 275 thereafter, moneys sufficient to make the grants payable pursuant to 276 subsection (d) of section 12-18b, as amended by [this act] public act 21-277 3, shall be expended by the secretary; 278 (4) For the fiscal years ending June 30, 2018, and June 30, 2019, 279 moneys sufficient to make the municipal revenue sharing grants 280 payable to municipalities pursuant to subdivision (2) of subsection (d) 281 of this section shall be expended not later than October thirty-first 282 annually by the secretary; 283 (5) For the fiscal year ending June 30, 2018, and each fiscal year 284 thereafter, seven million dollars shall be expended for the purposes of 285 the regional services grants pursuant to subsection (e) of this section to 286 the regional councils of governments; 287 (6) For the fiscal year ending June 30, 2018, and each fiscal year 288 thereafter, moneys may be expended for the purpose of supplemental 289 motor vehicle property tax grants pursuant to subsection (c) of this 290 section; [and] 291 (7) For the fiscal year ending June 30, 2022, and each fiscal year 292 thereafter, moneys sufficient to make the grants payable to 293 municipalities pursuant to subsection (c) of section 3 of this act; and 294 [(7)] (8) For the fiscal year ending June 30, 2020, and each fiscal year 295 thereafter, moneys in the account remaining shall be expended annually 296 by the secretary for the purposes of the municipal revenue sharing 297 grants established pursuant to subsection (f) of this section. Any such 298 Raised Bill No. 6655 LCO No. 5641 11 of 11 moneys deposited in the account for municipal revenue sharing grants 299 between October first and June thirtieth shall be distributed to 300 municipalities on the following October first and any such moneys 301 deposited in the account between July first and September thirtieth shall 302 be distributed to municipalities on the following January thirty-first. 303 Any municipality may apply to the Office of Policy and Management 304 on or after July first for early disbursement of a portion of such grant. 305 The Office of Policy and Management may approve such an application 306 if it finds that early disbursement is required in order for a municipality 307 to meet its cash flow needs. No early disbursement approved by said 308 office may be issued later than September thirtieth. 309 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2022 New section Sec. 2 from passage New section Sec. 3 July 1, 2021 New section Sec. 4 July 1, 2021 4-66l(b) Statement of Purpose: To limit property tax increases, authorize municipalities to impose local taxes and incentivize municipal regionalization of services. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]