Connecticut 2021 2021 Regular Session

Connecticut House Bill HB06655 Introduced / Bill

Filed 03/17/2021

                        
 
 
 
 
 
 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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.]