LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06655-R01- HB.docx 1 of 11 General Assembly Substitute Bill No. 6655 January Session, 2021 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 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 Substitute Bill No. 6655 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06655- R01-HB.docx } 2 of 11 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 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 subdivisions 44 (2) and (3) 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 Substitute Bill No. 6655 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06655- R01-HB.docx } 3 of 11 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 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 Substitute Bill No. 6655 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06655- R01-HB.docx } 4 of 11 (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 subdivision (1) of 103 subsection (d) of this section. Such vote shall be by a "yes" or "no" vote 104 on paper ballots or on the voting machines of the municipality. The 105 question submitted to the voters shall be: "Shall the ____ (insert name of 106 the taxing entity) be required to reduce the amount of real and personal 107 property taxes to be assessed for the fiscal year commencing July 1, ____ 108 (insert the year) by an amount equal to $____ (insert the amount)?". The 109 proposal shall be deemed approved if a majority of the voters casting 110 votes thereon cast "yes" votes and the tax levy shall be decreased 111 accordingly. 112 (f) (1) Notwithstanding the provisions of any municipal charter, 113 special act or home rule ordinance, the legislative body of any 114 municipality may, by a two-thirds vote of the members present and 115 Substitute Bill No. 6655 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06655- R01-HB.docx } 5 of 11 voting, place a question on the ballot: 116 (A) At any regular or special state or municipal election held before 117 the setting of the annual tax rate, for voter approval to levy additional 118 taxes on real and personal property by a specified amount in excess of 119 the limit allowed under subsection (b) or subdivision (1) of subsection 120 (d) of this section for capital outlay expenditures, provided such 121 expenditures may only be authorized under this subdivision for a 122 municipal purpose for which the municipality would be authorized to 123 borrow money under the provisions of title 7 of the general statutes. 124 Such vote shall be by a "yes" or "no" vote on paper ballots or on the 125 voting machines of the municipality. The question submitted to the 126 voters shall be: "Shall the ____ (insert name of the taxing entity) be 127 allowed to levy an additional $____ (insert the amount) in real and 128 personal property taxes for the purposes of ____ (insert the intended 129 purpose or purposes for which the moneys from the levy will be used) 130 for the fiscal year commencing July 1, ____ (insert the year)?". The 131 proposal shall be deemed approved if a majority of the voters casting 132 votes thereon cast "yes" votes; 133 (B) At any regular or special state or municipal election, for voter 134 approval to levy additional taxes on real and personal property in excess 135 of the limit allowed under subsection (b) or subdivision (1) of subsection 136 (d) of this section for debt payments that are outstanding as of July 1, 137 2022. Such vote shall be by a "yes" or "no" vote on paper ballots or on the 138 voting machines of the municipality. The question submitted to the 139 voters shall be: "Shall ____ (insert the municipality) be allowed to 140 exempt from ____'s (insert municipality) levy limit the total amounts 141 required to pay for bonded indebtedness incurred prior to July 1, 2022?". 142 The proposal shall be deemed approved if a majority of the voters 143 casting votes thereon cast "yes" votes; and 144 (C) At any regular or special state or municipal election, for voter 145 approval to levy additional taxes on real and personal property in excess 146 of the limit allowed under subsection (b) or subdivision (1) of subsection 147 (d) of this section for debt payments incurred on or after July 1, 2022. 148 Substitute Bill No. 6655 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06655- R01-HB.docx } 6 of 11 Such vote shall be by a "yes" or "no" vote on paper ballots or on the 149 voting machines of the municipality. The question submitted to the 150 voters shall be: "Shall ____ (insert the municipality) be allowed to 151 exempt from ____'s (insert municipality) levy limit the total amounts 152 required to pay for the bonds issued in order to ____ (insert the purpose 153 or purposes for which the moneys from the bonds issued will be used)?". 154 The proposal shall be deemed approved if a majority of the voters 155 casting votes thereon cast "yes" votes. 156 (2) The amounts exempted and additional taxes levied under 157 subdivision (1) of this subsection and subsection (h) of this section shall 158 be excluded from the calculation of the total tax levied under subsection 159 (b) of this section or the maximum levy amount under subdivision (1) 160 of subsection (d) of this section. 161 (g) The legislative body of any municipality may direct that the 162 question or questions authorized for a referendum under this section be 163 placed on the ballot at any regular or special state or municipal election 164 or may call a meeting in accordance with the provisions of section 7-7 of 165 the general statutes to submit such question or questions to voters. 166 (h) Notwithstanding the provisions of this section or any municipal 167 charter, special act or home rule ordinance, the legislative body of any 168 municipality may levy additional taxes in excess of the maximum limit 169 under subsection (b) or subdivision (1) of subsection (d) of this section 170 solely for the payment, in whole or in part, of water or sewer debt 171 charges, provided the aggregate amount of water and sewer charges are 172 reduced by the aggregate amount of any such additional taxes levied. In 173 the case of a municipality whose water and sewer service is provided by 174 an independent commission, authority or district that separately bills 175 water and sewer users, the municipality may enter into an agreement 176 with such commission, authority or district to effectuate the purposes of 177 this subsection. The tax collector or the treasurer of the municipality 178 shall immediately pay over the taxes collected pursuant to this 179 subsection, without appropriation by the municipality, to such 180 commission, authority or district, less any amounts agreed upon by the 181 Substitute Bill No. 6655 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06655- R01-HB.docx } 7 of 11 parties for administrative costs incurred in carrying out the agreement. 182 Nothing in this subsection shall be construed to affect the eligibility of 183 such commission, authority or district to receive loans and grants for 184 water pollution control projects or eligible drinking water projects. 185 (i) Notwithstanding the provisions of this section, the legislative body 186 of any municipality may adjust the limit allowed under subsection (b) 187 or subdivision (1) of subsection (d) of this section to counterbalance the 188 effects of extraordinary, nonrecurring events that occurred during the 189 base year that were not within the purview of normal municipal 190 financial practices and would otherwise cause a limit to be set that 191 would be inconsistent with the limits intended under this section, 192 provided notice of any such adjustment is provided to voters, in writing, 193 and explained in detail. 194 Sec. 2. (NEW) (Effective from passage) Notwithstanding the provisions 195 of any municipal charter, special act or home rule ordinance, any 196 municipality may impose, by ordinance, a local tax on income, goods, 197 services or other tangible or intangible assets, or any combination 198 thereof, as determined by the legislative body of the municipality to be 199 desirable or necessary to meet the public services and other needs of the 200 municipality. No such tax shall be effective until notice has been 201 provided to the residents of the municipality and the general public 202 about the imposition of such tax, through the posting of information on 203 the municipality's Internet web page and other appropriate means, as 204 determined by the legislative body of the municipality. Such ordinance 205 shall include, but not be limited to, the specific items or amounts on 206 which such tax will be imposed, the rate and effective date of such tax, 207 the rate of interest and penalty imposed on the amount of such tax that 208 is delinquent, the method of collection and remittance of such tax and 209 the provisions for a taxpayer's right of appeal. 210 Sec. 3. (NEW) (Effective July 1, 2021) (a) (1) Each municipality that 211 enters into an interlocal agreement, on or after July 1, 2021, with one or 212 more municipalities pursuant to section 7-148cc of the general statutes, 213 for the provision of a service that each such municipality currently 214 Substitute Bill No. 6655 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06655- R01-HB.docx } 8 of 11 provides separately shall be eligible for a grant in the following amounts 215 for each year such municipality remains a party to such agreement and 216 the applicable service is provided on a regional basis: 217 (A) For the provision of education, ten per cent of the amount 218 budgeted for education in the municipality's most recently approved 219 budget; 220 (B) For the provision of police services, fire-fighting services or 221 emergency medical services, five per cent of the amount budgeted in the 222 municipality's most recently approved budget and attributable to the 223 specific service being provided on a regional basis; and 224 (C) For the provision of any other service, two and one-half per cent 225 of the amount budgeted in the municipality's most recently approved 226 budget and attributable to the specific service being provided on a 227 regional basis. 228 (2) Any municipality eligible to receive a grant under subdivision (1) 229 of this subsection may receive more than one grant under said 230 subdivision. Any grant received under this section shall be in addition 231 to any other grants or funds such municipality is eligible to receive. 232 (b) Each municipality eligible to receive a grant under subsection (a) 233 of this section shall submit an application annually to the Secretary of 234 the Office of Policy and Management, in such form and manner as the 235 secretary prescribes. The application shall include, but not be limited to, 236 a description of the specific service being provided on a regional basis, 237 the other municipality or municipalities that are a party to the 238 agreement entered into under subsection (a) of this section and 239 documentation of the amount budgeted in the municipality's most 240 recently approved budget and attributable to the specific service being 241 provided on a regional basis. The secretary shall review each application 242 to verify the provision of the service claimed in such application and 243 calculate the amount of the grant or grants due to a municipality under 244 this section. Payment of such grants shall be made from the municipal 245 Substitute Bill No. 6655 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06655- R01-HB.docx } 9 of 11 revenue sharing account established under section 4-66l of the general 246 statutes, as amended by this act. 247 (c) Any municipality that terminates or withdraws from an 248 agreement entered into under subsection (a) of this section or otherwise 249 ceases to provide a service on a regional basis shall be ineligible to 250 receive a grant under this section commencing with the fiscal year in 251 which such termination or withdrawal occurred. 252 (d) Any provision of a municipal charter, special act or home rule 253 ordinance that prohibits or limits a municipality from sharing services 254 with other municipalities is hereby repealed, revoked and rescinded. 255 (e) Any collective bargaining unit may enter into an agreement with 256 one or more collective bargaining units to establish a coalition 257 bargaining unit to negotiate with municipalities for the provision of 258 public services on a regional basis, including, but not limited to, 259 education, police services, fire-fighting services and emergency medical 260 services. 261 Sec. 4. Subsection (b) of section 4-66l of the general statutes, as 262 amended by section 6 of public act 21-3, is repealed and the following is 263 substituted in lieu thereof (Effective July 1, 2021): 264 (b) There is established an account to be known as the "municipal 265 revenue sharing account" which shall be a separate, nonlapsing account 266 within the General Fund. The account shall contain any moneys 267 required by law to be deposited in the account. The secretary shall set 268 aside and ensure availability of moneys in the account in the following 269 order of priority and shall transfer or disburse such moneys as follows: 270 (1) Ten million dollars for the fiscal year ending June 30, 2016, shall 271 be transferred not later than April fifteenth for the purposes of grants 272 under section 10-262h; 273 (2) For the fiscal year ending June 30, 2018, and each fiscal year 274 thereafter, moneys sufficient to make motor vehicle property tax grants 275 Substitute Bill No. 6655 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06655- R01-HB.docx } 10 of 11 payable to municipalities pursuant to subsection (c) of this section shall 276 be expended not later than August first annually by the secretary; 277 (3) For the fiscal year ending June 30, 2022, and each fiscal year 278 thereafter, moneys sufficient to make the grants payable pursuant to 279 subsection (d) of section 12-18b, as amended by [this act] public act 21-280 3, shall be expended by the secretary; 281 (4) For the fiscal years ending June 30, 2018, and June 30, 2019, 282 moneys sufficient to make the municipal revenue sharing grants 283 payable to municipalities pursuant to subdivision (2) of subsection (d) 284 of this section shall be expended not later than October thirty-first 285 annually by the secretary; 286 (5) For the fiscal year ending June 30, 2018, and each fiscal year 287 thereafter, seven million dollars shall be expended for the purposes of 288 the regional services grants pursuant to subsection (e) of this section to 289 the regional councils of governments; 290 (6) For the fiscal year ending June 30, 2018, and each fiscal year 291 thereafter, moneys may be expended for the purpose of supplemental 292 motor vehicle property tax grants pursuant to subsection (c) of this 293 section; [and] 294 (7) For the fiscal year ending June 30, 2022, and each fiscal year 295 thereafter, moneys sufficient to make the grants payable to 296 municipalities pursuant to subsection (b) of section 3 of this act; and 297 [(7)] (8) For the fiscal year ending June 30, 2020, and each fiscal year 298 thereafter, moneys in the account remaining shall be expended annually 299 by the secretary for the purposes of the municipal revenue sharing 300 grants established pursuant to subsection (f) of this section. Any such 301 moneys deposited in the account for municipal revenue sharing grants 302 between October first and June thirtieth shall be distributed to 303 municipalities on the following October first and any such moneys 304 deposited in the account between July first and September thirtieth shall 305 be distributed to municipalities on the following January thirty-first. 306 Substitute Bill No. 6655 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06655- R01-HB.docx } 11 of 11 Any municipality may apply to the Office of Policy and Management 307 on or after July first for early disbursement of a portion of such grant. 308 The Office of Policy and Management may approve such an application 309 if it finds that early disbursement is required in order for a municipality 310 to meet its cash flow needs. No early disbursement approved by said 311 office may be issued later than September thirtieth. 312 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 Legislative Commissioners: Throughout Section 1, references to subsection (d) were changed to "subdivision (1) of subsection (d)" for clarity; in Section 1 (c)(1), "subdivision (2)" was changed to "subdivisions (2) and (3)" for accuracy; and in Section 4(b)(7), "(c)" was changed to "(b)" for accuracy. FIN Joint Favorable Subst. -LCO