4 | 4 | | SB.docx |
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7 | 7 | | General Assembly Substitute Bill No. 870 |
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8 | 8 | | January Session, 2021 |
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13 | 13 | | |
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14 | 14 | | AN ACT CONCERNING TH E RECOMMENDATIONS OF THE OFFICE |
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15 | 15 | | OF POLICY AND MANAGE MENT. |
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16 | 16 | | Be it enacted by the Senate and House of Representatives in General |
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17 | 17 | | Assembly convened: |
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18 | 18 | | |
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19 | 19 | | Section 1. Subsection (b) of section 12-81g of the general statutes is 1 |
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20 | 20 | | repealed and the following is substituted in lieu thereof (Effective October 2 |
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21 | 21 | | 1, 2021, and applicable to assessment years commencing on or after October 1, 3 |
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22 | 22 | | 2021): 4 |
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23 | 23 | | (b) (1) Effective for the assessment year commencing October 1, [2013] 5 |
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24 | 24 | | 2021, and each assessment year thereafter, any municipality may, upon 6 |
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25 | 25 | | approval by its legislative body or, in any town in which the legislative 7 |
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26 | 26 | | body is a town meeting, by the board of selectmen, provide that, in lieu 8 |
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27 | 27 | | of the additional exemption prescribed under subsection (a) of this 9 |
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28 | 28 | | section, any person entitled to an exemption from property tax in 10 |
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29 | 29 | | accordance with subdivision (20) of section 12-81, reflecting any increase 11 |
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30 | 30 | | made pursuant to the provisions of section 12-62g, as amended by this 12 |
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31 | 31 | | act, who has a disability rating of one hundred per cent, as determined 13 |
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32 | 32 | | by the United States Department of Veterans Affairs, shall be entitled to 14 |
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33 | 33 | | an additional exemption from such tax in an amount equal to three times 15 |
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34 | 34 | | the amount of the exemption provided for such person pursuant to 16 |
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35 | 35 | | subdivision (20) of section 12-81, provided such person's total adjusted 17 |
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36 | 36 | | gross income as determined for purposes of the federal income tax, [plus 18 Substitute Bill No. 870 |
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43 | 43 | | any other income not included in such adjusted income,] excluding 19 |
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44 | 44 | | veterans' disability payments, individually if unmarried, or jointly with 20 |
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45 | 45 | | spouse if married, during the calendar year ending immediately 21 |
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46 | 46 | | preceding the filing of a claim for any such exemption, is not more than 22 |
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47 | 47 | | twenty-four thousand dollars if such person is married or not more than 23 |
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48 | 48 | | twenty-one thousand dollars if such person is not married. 24 |
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49 | 49 | | (2) The provisions of this subsection shall not limit the applicability 25 |
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50 | 50 | | of the provisions of subsection (a) of this section for persons not eligible 26 |
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51 | 51 | | for the property tax exemption provided by this subsection. 27 |
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52 | 52 | | Sec. 2. Section 12-81cc of the general statutes is repealed and the 28 |
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53 | 53 | | following is substituted in lieu thereof (Effective October 1, 2021, and 29 |
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54 | 54 | | applicable to assessment years commencing on or after October 1, 2021): 30 |
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55 | 55 | | Any person who has established his or her entitlement to a property 31 |
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56 | 56 | | tax exemption under [subdivisions] subdivision (19), (20), (22), (23), (24), 32 |
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57 | 57 | | (25), (26), (28) or (53) of section 12-81 or section 12-81g, as amended by 33 |
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58 | 58 | | this act, for a particular assessment year shall be issued a certificate as 34 |
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59 | 59 | | to such entitlement by the tax assessor of the relevant municipality. Such 35 |
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60 | 60 | | person shall be entitled to such exemption in any municipality in this 36 |
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61 | 61 | | state for such assessment year provided a copy of such certificate is 37 |
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62 | 62 | | provided to the tax assessor of any municipality in which such 38 |
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63 | 63 | | exemption is claimed and further provided such person would 39 |
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64 | 64 | | otherwise have been eligible for such exemption in such municipality if 40 |
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65 | 65 | | he or she had filed for such exemption as provided under the general 41 |
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66 | 66 | | statutes. 42 |
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67 | 67 | | Sec. 3. Subdivision (2) of subsection (a) of section 12-170e of the 43 |
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68 | 68 | | general statutes is repealed and the following is substituted in lieu 44 |
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69 | 69 | | thereof (Effective July 1, 2021): 45 |
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70 | 70 | | (2) The amounts of income at each level of qualifying income, as 46 |
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71 | 71 | | provided in the table in subdivision (1) of this subsection, shall be 47 |
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72 | 72 | | adjusted annually in a uniform manner to reflect the annual inflation 48 |
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73 | 73 | | adjustment in Social Security income. Each such adjustment of 49 Substitute Bill No. 870 |
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80 | 80 | | qualifying income shall be determined to the nearest one hundred 50 |
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81 | 81 | | dollars and shall be applicable in determining the amount of grant 51 |
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82 | 82 | | allowed under this subsection with respect to charges for rents, 52 |
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83 | 83 | | electricity, gas, water and fuel actually paid during the preceding 53 |
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84 | 84 | | calendar year. Each such adjustment of qualifying income shall be 54 |
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85 | 85 | | prepared by the [Commissioner of Housing] Secretary of the Office of 55 |
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86 | 86 | | Policy and Management in relation to the annual inflation adjustment 56 |
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87 | 87 | | in Social Security, if any, becoming effective at any time during the 57 |
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88 | 88 | | twelve-month period immediately preceding the first day of October 58 |
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89 | 89 | | each year and shall be distributed to the assessors in each municipality 59 |
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90 | 90 | | not later than the thirty-first day of December next following. 60 |
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91 | 91 | | Sec. 4. Subsection (b) of section 16a-31 of the general statutes is 61 |
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92 | 92 | | repealed and the following is substituted in lieu thereof (Effective July 1, 62 |
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93 | 93 | | 2021): 63 |
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94 | 94 | | (b) [A] If an action specified in subsection (a) of this section is subject 64 |
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95 | 95 | | to an early public scoping process pursuant to section 22a-1b, the 65 |
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96 | 96 | | sponsoring state agency shall request, and the secretary shall provide, 66 |
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97 | 97 | | an advisory statement commenting on the extent to which [any of the 67 |
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98 | 98 | | actions specified in subsection (a) of this section] such action conforms 68 |
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99 | 99 | | to the plan. [and any] Any agency may request, and upon such request 69 |
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100 | 100 | | the secretary shall provide, such other advisory reports as the state 70 |
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101 | 101 | | agency deems advisable. 71 |
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102 | 102 | | Sec. 5. Subsections (c) and (d) of section 7-325 of the general statutes 72 |
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103 | 103 | | are repealed and the following is substituted in lieu thereof (Effective July 73 |
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104 | 104 | | 1, 2021): 74 |
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105 | 105 | | (c) The clerk of each district created pursuant to this chapter or any 75 |
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106 | 106 | | provisions of the general statutes or any special act, shall report to the 76 |
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107 | 107 | | town clerk of each town in which such district is located: (1) If created 77 |
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108 | 108 | | by approval of a petition pursuant to subsection (a) of this section on or 78 |
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109 | 109 | | after July 1, 1987, within seven days of such approval; and (2) on or 79 |
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110 | 110 | | before July 31, 1993, and [annually thereafter for each such district, 80 |
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111 | 111 | | irrespective of the date of creation] any time the charter or special act of 81 Substitute Bill No. 870 |
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118 | 118 | | such district is amended. The first report filed after the creation of a 82 |
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119 | 119 | | district shall include a list of the officers of such district, a copy of the 83 |
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120 | 120 | | charter or special act of such district and such other information on the 84 |
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121 | 121 | | organization and the financial status of such district as the Secretary of 85 |
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122 | 122 | | the Office of Policy and Management may recommend. A copy of the 86 |
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123 | 123 | | charter or special act of such district shall be included in any subsequent 87 |
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124 | 124 | | report if such charter or special act was amended after the date of the 88 |
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125 | 125 | | previous filing. No district, irrespective of the date of creation, created 89 |
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126 | 126 | | by approval of a petition pursuant to subsection (a) of this section shall 90 |
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127 | 127 | | exist as a body corporate and politic until the clerk of such district has 91 |
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128 | 128 | | filed at least one report required by this subsection. If a district is located 92 |
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129 | 129 | | in more than one town, the report shall be filed by the district clerk with 93 |
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130 | 130 | | the town clerk of each town in which the district is located. 94 |
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131 | 131 | | (d) [Any fine imposed on and after July 1, 1992, on a clerk for failure 95 |
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132 | 132 | | to file a report required pursuant to subsection (c) of this section shall 96 |
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133 | 133 | | be waived.] Not later than July 1, 2021, and annually thereafter, the tax 97 |
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134 | 134 | | collector of each district shall submit a statement to the Secretary of the 98 |
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135 | 135 | | Office of Policy and Management on a form prescribed by the secretary. 99 |
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136 | 136 | | Such statement shall include complete information concerning the mill 100 |
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137 | 137 | | rate and tax levy in the district for the preceding year. Any tax collector 101 |
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138 | 138 | | who neglects to submit a true and correct statement shall forfeit one 102 |
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139 | 139 | | hundred dollars to the state. 103 |
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140 | 140 | | Sec. 6. Subsection (a) of section 19a-308 of the general statutes is 104 |
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141 | 141 | | repealed and the following is substituted in lieu thereof (Effective July 1, 105 |
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142 | 142 | | 2021): 106 |
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143 | 143 | | (a) In any town in which there is a burial ground or cemetery 107 |
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144 | 144 | | containing more than six places of interment [and not under the control 108 |
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145 | 145 | | or management of any currently functioning cemetery association,] that 109 |
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146 | 146 | | has been neglected and allowed to grow up to weeds, briars and bushes, 110 |
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147 | 147 | | or about which the fences have become broken, decayed or dilapidated, 111 |
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148 | 148 | | the selectmen of such town may cause such burial ground or cemetery 112 |
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149 | 149 | | to be cleared of weeds, briars and bushes, may mow the ground's lawn 113 |
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150 | 150 | | areas and may cause its fences or walls to be repaired and kept in 114 Substitute Bill No. 870 |
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157 | 157 | | orderly and decent condition and its memorial stones to be straightened, 115 |
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158 | 158 | | repaired and restored. 116 |
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159 | 159 | | Sec. 7. Section 12-62 of the general statutes is repealed and the 117 |
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160 | 160 | | following is substituted in lieu thereof (Effective July 1, 2021, and 118 |
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161 | 161 | | applicable to assessment years commencing on or after October 1, 2022): 119 |
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162 | 162 | | (a) As used in this chapter: 120 |
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163 | 163 | | (1) "Assessor" means the person responsible for establishing property 121 |
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164 | 164 | | assessments for purposes of a town's grand list and includes a board of 122 |
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165 | 165 | | assessors; 123 |
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166 | 166 | | (2) "Field review" means the process by which an assessor, a member 124 |
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167 | 167 | | of an assessor's staff or person designated by an assessor examines each 125 |
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168 | 168 | | parcel of real property in its neighborhood setting, compares observable 126 |
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169 | 169 | | attributes to those listed on such parcel's corresponding property 127 |
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170 | 170 | | record, makes any necessary corrections based on such observation and 128 |
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171 | 171 | | verifies that such parcel's attributes are accounted for in the valuation 129 |
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172 | 172 | | being developed for a revaluation; 130 |
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173 | 173 | | (3) "Full inspection" or "fully inspect" means to measure or verify the 131 |
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174 | 174 | | exterior dimensions of a building or structure and to enter and examine 132 |
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175 | 175 | | the interior of such building or structure in order to observe and record 133 |
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176 | 176 | | or verify the characteristics and conditions thereof, provided permission 134 |
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177 | 177 | | to enter such interior is granted by the property owner or an adult 135 |
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178 | 178 | | occupant; 136 |
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179 | 179 | | (4) "Planning region" has the same meaning as provided in section 4-137 |
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180 | 180 | | 124i; 138 |
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181 | 181 | | [(4)] (5) "Real property" means all the property described in section 139 |
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182 | 182 | | 12-64; 140 |
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183 | 183 | | [(5)] (6) "Revaluation" or "revalue" means to establish the present true 141 |
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184 | 184 | | and actual value of all real property in a town as of a specific assessment 142 |
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185 | 185 | | date; 143 Substitute Bill No. 870 |
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192 | 192 | | (7) "Revaluation zone" means one of five geographic areas in the state 144 |
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193 | 193 | | established by the secretary utilizing the boundaries of the nine 145 |
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194 | 194 | | planning regions; 146 |
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195 | 195 | | [(6)] (8) "Secretary" means the Secretary of the Office of Policy and 147 |
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196 | 196 | | Management, or said secretary's designee; and 148 |
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197 | 197 | | [(7)] (9) "Town" means any town, consolidated town and city or 149 |
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198 | 198 | | consolidated town and borough. 150 |
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199 | 199 | | (b) (1) (A) Commencing October 1, 2006, and until September 30, 151 |
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200 | 200 | | 2022, each town shall implement a revaluation not later than the first 152 |
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201 | 201 | | day of October that follows, by five years, the October first assessment 153 |
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202 | 202 | | date on which the town's previous revaluation became effective, 154 |
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203 | 203 | | provided, a town that opted to defer a revaluation, pursuant to section 155 |
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204 | 204 | | 12-62l, shall implement a revaluation not later than the first day of 156 |
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205 | 205 | | October that follows, by five years, the October first assessment date on 157 |
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206 | 206 | | which the town's deferred revaluation became effective. 158 |
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207 | 207 | | (B) Commencing October 1, 2022, (i) each town shall implement a 159 |
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208 | 208 | | revaluation not later than the first day of October that follows, by five 160 |
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209 | 209 | | years, an October first assessment date set in accordance with a 161 |
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210 | 210 | | revaluation date schedule prescribed by the secretary for each 162 |
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211 | 211 | | revaluation zone, (ii) any town's required revaluation subsequent to any 163 |
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212 | 212 | | delayed revaluation implemented pursuant to subparagraph (A) of this 164 |
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213 | 213 | | subdivision shall be implemented in accordance with this section, and 165 |
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214 | 214 | | (iii) any such revaluation subsequent to any delayed revaluation shall 166 |
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215 | 215 | | recommence on the date set in such revaluation date schedule 167 |
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216 | 216 | | prescribed for the revaluation zone in which such town is located, which 168 |
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217 | 217 | | revaluation date schedule applied to such town prior to such delay. 169 |
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218 | 218 | | (C) The town shall use assessments derived from each such 170 |
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219 | 219 | | revaluation for the purpose of levying property taxes for the assessment 171 |
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220 | 220 | | year in which such revaluation is effective and for each assessment year 172 |
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221 | 221 | | that follows until the ensuing revaluation becomes effective. 173 |
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222 | 222 | | (2) When conducting a revaluation, an assessor shall use generally 174 Substitute Bill No. 870 |
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229 | 229 | | accepted mass appraisal methods which may include, but need not be 175 |
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230 | 230 | | limited to, the market sales comparison approach to value, the cost 176 |
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231 | 231 | | approach to value and the income approach to value. Prior to the 177 |
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232 | 232 | | completion of each revaluation, the assessor shall conduct a field 178 |
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233 | 233 | | review. Except in a town that has a single assessor, the members of the 179 |
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234 | 234 | | board of assessors shall approve, by majority vote, all valuations 180 |
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235 | 235 | | established for a revaluation. 181 |
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236 | 236 | | (3) An assessor, member of an assessor's staff or person designated 182 |
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237 | 237 | | by an assessor may, at any time, fully inspect any parcel of improved 183 |
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238 | 238 | | real property in order to ascertain or verify the accuracy of data listed 184 |
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239 | 239 | | on the assessor's property record for such parcel. Except as provided in 185 |
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240 | 240 | | subdivision (4) of this subsection, the assessor shall fully inspect each 186 |
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241 | 241 | | such parcel once in every ten assessment years, provided, if the full 187 |
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242 | 242 | | inspection of any such parcel occurred in an assessment year preceding 188 |
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243 | 243 | | that commencing October 1, 1996, the assessor shall fully inspect such 189 |
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244 | 244 | | parcel not later than the first day of October of 2009, and shall thereafter 190 |
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245 | 245 | | fully inspect such parcel in accordance with this section. Nothing in this 191 |
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246 | 246 | | subsection shall require the assessor to fully inspect all of a town's 192 |
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247 | 247 | | improved real property parcels in the same assessment year and in no 193 |
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248 | 248 | | case shall an assessor be required to fully inspect any such parcel more 194 |
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249 | 249 | | than once during every ten assessment years. 195 |
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250 | 250 | | (4) An assessor may, at any time during the period in which a full 196 |
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251 | 251 | | inspection of each improved parcel of real property is required, send a 197 |
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252 | 252 | | questionnaire to the owner of such parcel to (A) obtain information 198 |
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253 | 253 | | concerning the property's acquisition, and (B) obtain verification of the 199 |
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254 | 254 | | accuracy of data listed on the assessor's property record for such parcel. 200 |
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255 | 255 | | An assessor shall develop and institute a quality assurance program 201 |
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256 | 256 | | with respect to responses received to such questionnaires. If satisfied 202 |
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257 | 257 | | with the results of said program concerning such questionnaires, the 203 |
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258 | 258 | | assessor may fully inspect only those parcels of improved real property 204 |
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259 | 259 | | for which satisfactory verification of data listed on the assessor's 205 |
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260 | 260 | | property record has not been obtained and is otherwise unavailable. The 206 |
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261 | 261 | | full inspection requirement in subdivision (3) of this subsection shall not 207 Substitute Bill No. 870 |
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268 | 268 | | apply to any parcel of improved real property for which the assessor 208 |
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269 | 269 | | obtains satisfactory verification of data listed on the assessor's property 209 |
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270 | 270 | | record. 210 |
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271 | 271 | | (c) The following shall be available for public inspection in the 211 |
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272 | 272 | | assessor's office, in the manner provided for access to public records in 212 |
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273 | 273 | | subsection (a) of section 1-210, not later than the date written notices of 213 |
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274 | 274 | | real property valuations are mailed in accordance with subsection (f) of 214 |
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275 | 275 | | this section: (1) Any criteria, guidelines, price schedules or statement of 215 |
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276 | 276 | | procedures used in such revaluation by the assessor or by any 216 |
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277 | 277 | | revaluation company that the assessor designates to perform mass 217 |
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278 | 278 | | appraisal or field review functions, all of which shall continue to be 218 |
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279 | 279 | | available for public inspection until the town's next revaluation becomes 219 |
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280 | 280 | | effective; and (2) a compilation of all real property sales in each 220 |
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281 | 281 | | neighborhood for the twelve months preceding the date on which each 221 |
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282 | 282 | | revaluation is effective, the selling prices of which are representative of 222 |
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283 | 283 | | the fair market values of the properties sold, which compilation shall 223 |
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284 | 284 | | continue to be available for public inspection for a period of not less than 224 |
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285 | 285 | | twelve months immediately following a revaluation's effective date. If 225 |
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286 | 286 | | the assessor changes any property valuation as determined by the 226 |
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287 | 287 | | revaluation company, the assessor shall document, in writing, the 227 |
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288 | 288 | | reason for such change and shall append such written explanation to the 228 |
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289 | 289 | | property card for the real estate parcel whose revaluation was changed. 229 |
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290 | 290 | | Nothing in this subsection shall be construed to permit the assessor to 230 |
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291 | 291 | | post a plan or drawing of a dwelling unit of a residential property's 231 |
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292 | 292 | | interior on the Internet or to otherwise publish such plan or drawing. 232 |
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293 | 293 | | (d) (1) The chief executive officer of a town shall notify the Secretary 233 |
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294 | 294 | | of the Office of Policy and Management that the town is effecting a 234 |
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295 | 295 | | revaluation by sending a written notice to the secretary not later than 235 |
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296 | 296 | | thirty days after the date on which such town's assessor signs a grand 236 |
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297 | 297 | | list that reflects assessments of real property derived from a revaluation. 237 |
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298 | 298 | | Any town that fails to effect a revaluation for the assessment date 238 |
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299 | 299 | | required by this section shall be subject to a penalty effective for the 239 |
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300 | 300 | | fiscal year commencing on the first day of July following such 240 Substitute Bill No. 870 |
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307 | 307 | | assessment date, and continuing for each successive fiscal year in which 241 |
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308 | 308 | | the town fails to levy taxes on the basis of such revaluation, provided 242 |
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309 | 309 | | the secretary shall not impose such penalty with respect to any 243 |
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310 | 310 | | assessment year in which the provisions of subsection (b) of section 12-244 |
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311 | 311 | | 117 are applicable. Such penalty shall be the forfeit of the amount 245 |
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312 | 312 | | otherwise allocable to such town pursuant to section 7-536, as amended 246 |
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313 | 313 | | by this act, and the loss of fifty per cent of the amount of the grant that 247 |
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314 | 314 | | is payable to such town pursuant to sections 3-55i, 3-55j and 3-55k. Upon 248 |
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315 | 315 | | imposing said penalty, the secretary shall notify the chief executive 249 |
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316 | 316 | | officer of the amount of the town's forfeiture for said fiscal year and that 250 |
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317 | 317 | | the secretary's certification to the State Comptroller for the payments of 251 |
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318 | 318 | | such grant in said year shall reflect the required reduction. 252 |
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319 | 319 | | (2) The secretary may waive such penalty if, in the secretary's 253 |
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320 | 320 | | opinion, there appears to be reasonable cause for the town not having 254 |
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321 | 321 | | implemented a revaluation for the required assessment date, provided 255 |
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322 | 322 | | the chief executive officer of the town submits a written request for such 256 |
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323 | 323 | | waiver. Reasonable cause shall include: (A) An extraordinary 257 |
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324 | 324 | | circumstance or an act of God, (B) the failure on the part of any 258 |
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325 | 325 | | revaluation company to complete its contractual duties in a time and 259 |
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326 | 326 | | manner allowing for the implementation of such revaluation, and 260 |
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327 | 327 | | provided the town imposed the sanctions for such failure provided in a 261 |
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328 | 328 | | contract executed with said company, (C) the assessor's death or 262 |
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329 | 329 | | incapacitation during the conduct of a revaluation, which results in a 263 |
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330 | 330 | | delay of its implementation, or (D) an order by the superior court for the 264 |
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331 | 331 | | judicial district in which the town is located postponing such 265 |
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332 | 332 | | revaluation, or the potential for such an order with respect to a 266 |
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333 | 333 | | proceeding brought before said court. The chief executive officer shall 267 |
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334 | 334 | | submit such written request to the secretary not earlier than thirty 268 |
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335 | 335 | | business days after the date on which the assessor signs a grand list that 269 |
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336 | 336 | | does not reflect real property assessments based on values established 270 |
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337 | 337 | | for such required revaluation, and not later than thirty days preceding 271 |
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338 | 338 | | the July first commencement date of the fiscal year in which said penalty 272 |
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339 | 339 | | is applicable. Such request shall include the reason for the failure of the 273 |
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340 | 340 | | town to comply with the provisions of subsection (b) of this section. The 274 Substitute Bill No. 870 |
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347 | 347 | | chief executive officer of such town shall promptly provide any 275 |
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348 | 348 | | additional information regarding such failure that the secretary may 276 |
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349 | 349 | | require. Not later than sixty days after receiving such request and any 277 |
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350 | 350 | | such additional information, the secretary shall notify the chief 278 |
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351 | 351 | | executive officer of the secretary's decision to grant or deny the waiver 279 |
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352 | 352 | | requested, provided the secretary may delay a decision regarding a 280 |
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353 | 353 | | waiver related to a potential court order until not later than sixty days 281 |
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354 | 354 | | after the date such court renders the decision. The secretary shall not 282 |
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355 | 355 | | grant a penalty waiver under the provisions of this subsection with 283 |
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356 | 356 | | respect to consecutive years unless the General Assembly approves such 284 |
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357 | 357 | | action. 285 |
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358 | 358 | | (e) When conducting a revaluation, an assessor may designate a 286 |
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359 | 359 | | revaluation company certified in accordance with section 12-2b to 287 |
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360 | 360 | | perform [property] parcel data collection, analysis of such data and any 288 |
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361 | 361 | | mass appraisal valuation or field review functions, pursuant to a 289 |
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362 | 362 | | method or methods the assessor approves, and may require such 290 |
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363 | 363 | | company to prepare and mail the valuation notices required by 291 |
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364 | 364 | | subsection (f) of this section, provided nothing in this subsection shall 292 |
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365 | 365 | | relieve any assessor of any other requirement relating to such 293 |
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366 | 366 | | revaluation imposed by any provisions of the general statutes, any 294 |
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367 | 367 | | public or special act, the provisions of any municipal charter that are not 295 |
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368 | 368 | | inconsistent with the requirements of this section, or any regulations 296 |
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369 | 369 | | adopted pursuant to subsection (g) of this section. 297 |
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370 | 370 | | (f) Not earlier than the assessment date that is the effective date of a 298 |
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371 | 371 | | revaluation and not later than the tenth calendar day immediately 299 |
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372 | 372 | | following the date on which the grand list for said assessment date is 300 |
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373 | 373 | | signed, the assessor shall mail a written notice to the last-known address 301 |
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374 | 374 | | of the owner of each parcel of real property that was revalued. Such 302 |
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375 | 375 | | notice shall include the valuation of such parcel as of said assessment 303 |
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376 | 376 | | date and the valuation of such parcel in the last-preceding assessment 304 |
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377 | 377 | | year, and shall provide information describing the property owner's 305 |
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378 | 378 | | rights to appeal the valuation established for said assessment date, 306 |
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379 | 379 | | including the manner in which an appeal may be filed with the board of 307 Substitute Bill No. 870 |
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380 | 380 | | |
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381 | 381 | | |
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385 | 385 | | |
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386 | 386 | | assessment appeals. 308 |
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387 | 387 | | (g) The secretary shall adopt regulations, in accordance with the 309 |
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388 | 388 | | provisions of chapter 54, which an assessor shall use when conducting 310 |
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389 | 389 | | a revaluation. Such regulations shall include (1) provisions governing 311 |
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390 | 390 | | the management of the revaluation process, including, but not limited 312 |
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391 | 391 | | to, the method of compiling and maintaining property records, 313 |
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392 | 392 | | documenting the assessment year during which a full inspection of each 314 |
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393 | 393 | | parcel of improved real property occurs, and the method of determining 315 |
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394 | 394 | | real property sales data in support of the mass appraisal process, and 316 |
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395 | 395 | | (2) provisions establishing criteria for measuring the level and 317 |
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396 | 396 | | uniformity of assessments generated from a revaluation, provided such 318 |
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397 | 397 | | criteria shall be applicable to different classes of real property with 319 |
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398 | 398 | | respect to which a sufficient number of property sales exist. Certification 320 |
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399 | 399 | | of compliance with not less than one of said regulatory provisions shall 321 |
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400 | 400 | | be required for each revaluation and the assessor shall, not later than the 322 |
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401 | 401 | | date on which the grand list reflecting assessments of real property 323 |
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402 | 402 | | derived from a revaluation is signed, certify to the secretary and the 324 |
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403 | 403 | | chief executive officer, in writing, that the revaluation was conducted in 325 |
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404 | 404 | | accordance with said regulatory requirement. Any town effecting a 326 |
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405 | 405 | | revaluation with respect to which an assessor is unable to certify such 327 |
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406 | 406 | | compliance shall be subject to the penalty provided in subsection (d) of 328 |
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407 | 407 | | this section. In the event the assessor designates a revaluation company 329 |
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408 | 408 | | to perform mass appraisal valuation or field review functions with 330 |
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409 | 409 | | respect to a revaluation, the assessor and the employee of said company 331 |
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410 | 410 | | responsible for such function or functions shall jointly sign such 332 |
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411 | 411 | | certification. The assessor shall retain a copy of such certification and 333 |
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412 | 412 | | any data in support thereof in the assessor's office. The provisions of 334 |
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413 | 413 | | subsection (c) of this section concerning the public inspection of criteria, 335 |
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414 | 414 | | guidelines, price schedules or statement of procedures used in a 336 |
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415 | 415 | | revaluation shall be applicable to such certification and supporting data. 337 |
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416 | 416 | | (h) This section shall require the revaluation of real property (1) 338 |
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417 | 417 | | designated within the 1983 Settlement boundary and taken into trust by 339 |
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418 | 418 | | the federal government for the Mashantucket Pequot Tribal Nation 340 Substitute Bill No. 870 |
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419 | 419 | | |
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420 | 420 | | |
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424 | 424 | | |
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425 | 425 | | before June 8, 1999, or (2) taken into trust by the federal government for 341 |
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426 | 426 | | the Mohegan Tribe of Indians of Connecticut. 342 |
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427 | 427 | | (i) Each assessor shall file with the secretary parcel data from each 343 |
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428 | 428 | | revaluation implemented pursuant to this section upon forms 344 |
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429 | 429 | | prescribed and furnished by the secretary, which forms shall be so 345 |
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430 | 430 | | prescribed and furnished not later than thirty days prior to the date set 346 |
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431 | 431 | | by the secretary for such filing. 347 |
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432 | 432 | | Sec. 8. Section 12-62g of the general statutes is repealed and the 348 |
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433 | 433 | | following is substituted in lieu thereof (Effective October 1, 2021): 349 |
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434 | 434 | | In conjunction with each municipal revaluation of property in 350 |
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435 | 435 | | accordance with section 12-62, as amended by this act, each 351 |
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436 | 436 | | municipality shall increase (1) the amount of the exemption granted 352 |
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437 | 437 | | pursuant to subdivisions (19), (20), (21), (22), (23), (24), (25) and (26) of 353 |
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438 | 438 | | section 12-81, and (2) the amount of the exemption that each 354 |
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439 | 439 | | municipality may allow pursuant to section 12-81f, for such year and for 355 |
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440 | 440 | | each subsequent assessment year by multiplying the amount of 356 |
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441 | 441 | | exemption in each of said subdivisions by a multiplier determined by 357 |
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442 | 442 | | dividing the net taxable grand list for such year of revaluation by the net 358 |
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443 | 443 | | taxable grand list of the last year prior to such revaluation and rounding 359 |
---|
444 | 444 | | off the product to the nearest integer. 360 |
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445 | 445 | | Sec. 9. Subsection (c) of section 12-55 of the general statutes is 361 |
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446 | 446 | | repealed and the following is substituted in lieu thereof (Effective October 362 |
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447 | 447 | | 1, 2021): 363 |
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448 | 448 | | (c) Each notice of assessment increase sent pursuant to this section 364 |
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449 | 449 | | shall include: (1) The gross valuation, net valuation and any exempt 365 |
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450 | 450 | | amounts prior to and after such increase; and (2) information describing 366 |
---|
451 | 451 | | the manner in which an appeal may be filed with the board of 367 |
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452 | 452 | | assessment appeals. If a notice of assessment increase affects the value 368 |
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453 | 453 | | of personal property and the assessor or board of assessors used a 369 |
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454 | 454 | | methodology to determine such value that differs from the 370 |
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455 | 455 | | methodology previously used, such notice shall include a statement 371 Substitute Bill No. 870 |
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456 | 456 | | |
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457 | 457 | | |
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461 | 461 | | |
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462 | 462 | | concerning such change in methodology, which shall indicate the 372 |
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463 | 463 | | current methodology and the one that the assessor or assessors used for 373 |
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464 | 464 | | the valuation prior to such increase. Each such notice shall be mailed not 374 |
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465 | 465 | | earlier than the assessment date and not later than the tenth calendar 375 |
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466 | 466 | | day immediately following the date on which the assessor or board of 376 |
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467 | 467 | | assessors signs and attests to the grand list. If any such assessment 377 |
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468 | 468 | | increase notice is sent later than the time period prescribed in this 378 |
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469 | 469 | | subsection, such increase shall become effective on the next succeeding 379 |
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470 | 470 | | grand list. 380 |
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471 | 471 | | Sec. 10. Section 12-89 of the general statutes is repealed and the 381 |
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472 | 472 | | following is substituted in lieu thereof (Effective October 1, 2021, and 382 |
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473 | 473 | | applicable to assessment years commencing on or after October 1, 2021): 383 |
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474 | 474 | | (a) The assessor or board of assessors of each town, consolidated 384 |
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475 | 475 | | town and city or consolidated town and borough shall inspect the 385 |
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476 | 476 | | statements and applications filed [with it and required by] pursuant to 386 |
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477 | 477 | | sections 12-81 and 12-87 [from scientific, educational, literary, historical, 387 |
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478 | 478 | | charitable, agricultural and cemetery organizations, shall] and 388 |
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479 | 479 | | determine what part, if any, of the property claimed to be exempt [by 389 |
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480 | 480 | | the organization] shall be in fact exempt. [and] The assessor or board of 390 |
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481 | 481 | | assessors shall place a valuation upon all such property, if any, as is 391 |
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482 | 482 | | found to be taxable, provided any property acquired by any tax-exempt 392 |
---|
483 | 483 | | organization after the first day of October shall first become exempt on 393 |
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484 | 484 | | the assessment date next succeeding the date of acquisition. 394 |
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485 | 485 | | (b) Upon the denial in whole or in part of a statement or application 395 |
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486 | 486 | | inspected pursuant to subsection (a) of this section, the assessor or board 396 |
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487 | 487 | | of assessors shall mail a written notice of such denial to the last known 397 |
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488 | 488 | | address of the property owner or lessee. Such notice shall be mailed not 398 |
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489 | 489 | | earlier than the assessment date and not later than the tenth calendar 399 |
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490 | 490 | | day immediately following the date on which the assessor or board of 400 |
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491 | 491 | | assessors signs and attests to the grand list pursuant to section 12-55, as 401 |
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492 | 492 | | amended by this act. Such notice shall include (1) the gross assessed 402 |
---|
493 | 493 | | valuation of the property, the amounts of any exemption granted and 403 |
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494 | 494 | | the net taxable valuation of the property, and (2) a statement that the 404 Substitute Bill No. 870 |
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495 | 495 | | |
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496 | 496 | | |
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500 | 500 | | |
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501 | 501 | | owner or lessee may appeal the decision of the assessor or board of 405 |
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502 | 502 | | assessors pursuant to subsection (c) of this section. 406 |
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503 | 503 | | (c) Any taxpayer or organization filing a tax-exempt statement or 407 |
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504 | 504 | | application for exemption, aggrieved at the action of the assessor or 408 |
---|
505 | 505 | | board of assessors, may appeal, within the time prescribed by law for 409 |
---|
506 | 506 | | such appeals, to the board of assessment appeals. Any such taxpayer or 410 |
---|
507 | 507 | | organization claiming to be aggrieved by the action of the board of 411 |
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508 | 508 | | assessment appeals may, within two months from the time of such 412 |
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509 | 509 | | action, make application in the nature of an appeal therefrom to the 413 |
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510 | 510 | | superior court for the judicial district in which such property is situated. 414 |
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511 | 511 | | Sec. 11. Section 12-117a of the general statutes is repealed and the 415 |
---|
512 | 512 | | following is substituted in lieu thereof (Effective July 1, 2021): 416 |
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513 | 513 | | (a) Any person, including any lessee of real property whose lease has 417 |
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514 | 514 | | been recorded as provided in section 47-19 and who is bound under the 418 |
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515 | 515 | | terms of his lease to pay real property taxes, claiming to be aggrieved 419 |
---|
516 | 516 | | by the action of the board of tax review or the board of assessment 420 |
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517 | 517 | | appeals, as the case may be, in any town or city may, within two months 421 |
---|
518 | 518 | | from the date of the mailing of notice of such action, make application, 422 |
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519 | 519 | | in the nature of an appeal therefrom, with respect to the assessment list 423 |
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520 | 520 | | for the assessment year commencing October 1, 1989, October 1, 1990, 424 |
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521 | 521 | | October 1, 1991, October 1, 1992, October 1, 1993, October 1, 1994, or 425 |
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522 | 522 | | October 1, 1995, and with respect to the assessment list for assessment 426 |
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523 | 523 | | years thereafter, to the superior court for the judicial district in which 427 |
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524 | 524 | | such town or city is situated, which shall be accompanied by a citation 428 |
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525 | 525 | | to such town or city to appear before said court. Such citation shall be 429 |
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526 | 526 | | signed by the same authority and such appeal shall be returnable at the 430 |
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527 | 527 | | same time and served and returned in the same manner as is required 431 |
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528 | 528 | | in case of a summons in a civil action. The authority issuing the citation 432 |
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529 | 529 | | shall take from the applicant a bond or recognizance to such town or 433 |
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530 | 530 | | city, with surety, to prosecute the application to effect and to comply 434 |
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531 | 531 | | with and conform to the orders and decrees of the court in the premises. 435 |
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532 | 532 | | Any such application shall be a preferred case, to be heard, unless good 436 |
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533 | 533 | | cause appears to the contrary, at the first session, by the court or by a 437 Substitute Bill No. 870 |
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534 | 534 | | |
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535 | 535 | | |
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539 | 539 | | |
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540 | 540 | | committee appointed by the court. The pendency of such application 438 |
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541 | 541 | | shall not suspend an action by such town or city to collect not more than 439 |
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542 | 542 | | seventy-five per cent of the tax so assessed or not more than ninety per 440 |
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543 | 543 | | cent of such tax with respect to any real property for which the assessed 441 |
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544 | 544 | | value is five hundred thousand dollars or more, and upon which such 442 |
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545 | 545 | | appeal is taken. If, during the pendency of such appeal, a new 443 |
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546 | 546 | | assessment year begins, the applicant may amend his application as to 444 |
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547 | 547 | | any matter therein, including an appeal for such new year, which is 445 |
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548 | 548 | | affected by the inception of such new year and such applicant need not 446 |
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549 | 549 | | appear before the board of tax review or board of assessment appeals, 447 |
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550 | 550 | | as the case may be, to make such amendment effective. The court shall 448 |
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551 | 551 | | have power to grant such relief as to justice and equity appertains, upon 449 |
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552 | 552 | | such terms and in such manner and form as appear equitable, and, if the 450 |
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553 | 553 | | application appears to have been made without probable cause, may tax 451 |
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554 | 554 | | double or triple costs, as the case appears to demand; and, upon all such 452 |
---|
555 | 555 | | applications, costs may be taxed at the discretion of the court. If the 453 |
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556 | 556 | | assessment made by the board of tax review or board of assessment 454 |
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557 | 557 | | appeals, as the case may be, is reduced by said court, the applicant shall 455 |
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558 | 558 | | be reimbursed by the town or city for any overpayment of taxes, 456 |
---|
559 | 559 | | together with interest and any costs awarded by the court, or, at the 457 |
---|
560 | 560 | | applicant's option, shall be granted a tax credit for such overpayment, 458 |
---|
561 | 561 | | interest and any costs awarded by the court. Upon motion, said court 459 |
---|
562 | 562 | | shall, in event of such overpayment, enter judgment in favor of such 460 |
---|
563 | 563 | | applicant and against such city or town for the whole amount of such 461 |
---|
564 | 564 | | overpayment, less any lien recording fees incurred under sections 7-34a 462 |
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565 | 565 | | and 12-176, together with interest and any costs awarded by the court. 463 |
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566 | 566 | | The amount to which the assessment is so reduced shall be the assessed 464 |
---|
567 | 567 | | value of such property on the grand lists for succeeding years until the 465 |
---|
568 | 568 | | tax assessor finds that the value of the applicant's property has increased 466 |
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569 | 569 | | or decreased. 467 |
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570 | 570 | | (b) No person who is compensated on a contingency basis for expert 468 |
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571 | 571 | | testimony concerning the value of an applicant's property shall testify 469 |
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572 | 572 | | in any appeal brought pursuant to this section. 470 Substitute Bill No. 870 |
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573 | 573 | | |
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574 | 574 | | |
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578 | 578 | | |
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579 | 579 | | Sec. 12. Section 12-119 of the general statutes is repealed and the 471 |
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580 | 580 | | following is substituted in lieu thereof (Effective July 1, 2021): 472 |
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581 | 581 | | (a) When it is claimed that a tax has been laid on property not taxable 473 |
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582 | 582 | | in the town or city in whose tax list such property was set, or that a tax 474 |
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583 | 583 | | laid on property was computed on an assessment which, under all the 475 |
---|
584 | 584 | | circumstances, was manifestly excessive and could not have been 476 |
---|
585 | 585 | | arrived at except by disregarding the provisions of the statutes for 477 |
---|
586 | 586 | | determining the valuation of such property, the owner thereof or any 478 |
---|
587 | 587 | | lessee thereof whose lease has been recorded as provided in section 47-479 |
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588 | 588 | | 19 and who is bound under the terms of his lease to pay real property 480 |
---|
589 | 589 | | taxes, prior to the payment of such tax, may, in addition to the other 481 |
---|
590 | 590 | | remedies provided by law, make application for relief to the superior 482 |
---|
591 | 591 | | court for the judicial district in which such town or city is situated. Such 483 |
---|
592 | 592 | | application may be made within one year from the date as of which the 484 |
---|
593 | 593 | | property was last evaluated for purposes of taxation and shall be served 485 |
---|
594 | 594 | | and returned in the same manner as is required in the case of a summons 486 |
---|
595 | 595 | | in a civil action, and the pendency of such application shall not suspend 487 |
---|
596 | 596 | | action upon the tax against the applicant. In all such actions, the 488 |
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597 | 597 | | Superior Court shall have power to grant such relief upon such terms 489 |
---|
598 | 598 | | and in such manner and form as to justice and equity appertains, and 490 |
---|
599 | 599 | | costs may be taxed at the discretion of the court. If such assessment is 491 |
---|
600 | 600 | | reduced by said court, the applicant shall be reimbursed by the town or 492 |
---|
601 | 601 | | city for any overpayment of taxes in accordance with the judgment of 493 |
---|
602 | 602 | | said court. 494 |
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603 | 603 | | (b) No person who is compensated on a contingency basis for expert 495 |
---|
604 | 604 | | testimony concerning the value of an applicant's property shall testify 496 |
---|
605 | 605 | | in any application for relief brought pursuant to this section. 497 |
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606 | 606 | | Sec. 13. Subsection (d) of section 12-129b of the general statutes is 498 |
---|
607 | 607 | | repealed and the following is substituted in lieu thereof (Effective July 1, 499 |
---|
608 | 608 | | 2021): 500 |
---|
609 | 609 | | (d) If any person with respect to whom a claim for tax relief in 501 |
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610 | 610 | | accordance with this section and section 12-129c has been approved for 502 Substitute Bill No. 870 |
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611 | 611 | | |
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612 | 612 | | |
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616 | 616 | | |
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617 | 617 | | any assessment year transfers, assigns, grants or otherwise conveys 503 |
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618 | 618 | | subsequent to the first day of October, but prior to the first day of 504 |
---|
619 | 619 | | August in such assessment year the interest in real property to which 505 |
---|
620 | 620 | | such claim for tax relief is related, regardless of whether such transfer, 506 |
---|
621 | 621 | | assignment, grant or conveyance is voluntary or involuntary, the 507 |
---|
622 | 622 | | amount of such tax relief benefit, determined as the amount by which 508 |
---|
623 | 623 | | the tax payable without benefit of this section exceeds the tax payable 509 |
---|
624 | 624 | | under the provisions of this section, shall be a pro rata portion of the 510 |
---|
625 | 625 | | amount otherwise applicable in such assessment year to be determined 511 |
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626 | 626 | | by a fraction the numerator of which shall be the number of full months 512 |
---|
627 | 627 | | from the first day of October in such assessment year to the date of such 513 |
---|
628 | 628 | | conveyance and the denominator of which shall be twelve. If such 514 |
---|
629 | 629 | | conveyance occurs in the month of October the grantor shall be 515 |
---|
630 | 630 | | disqualified for such tax relief in such assessment year. The grantee shall 516 |
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631 | 631 | | be required within a period not exceeding ten days immediately 517 |
---|
632 | 632 | | following the date of such conveyance to notify the assessor thereof, or 518 |
---|
633 | 633 | | in the absence of such notice, upon determination by the assessor that 519 |
---|
634 | 634 | | such transfer, assignment, grant or conveyance has occurred, the 520 |
---|
635 | 635 | | assessor shall (1) determine the amount of tax relief benefit to which the 521 |
---|
636 | 636 | | grantor is entitled for such assessment year with respect to the interest 522 |
---|
637 | 637 | | in real property conveyed and notify the tax collector of the reduced 523 |
---|
638 | 638 | | amount of such benefit and (2) notify the Secretary of the Office of Policy 524 |
---|
639 | 639 | | and Management on or before the October first next following the end 525 |
---|
640 | 640 | | of the assessment year in which such conveyance occurs of the reduction 526 |
---|
641 | 641 | | in such benefit for purposes of a corresponding adjustment in the 527 |
---|
642 | 642 | | amount of state payment to the municipality next following as 528 |
---|
643 | 643 | | reimbursement for the revenue loss related to such tax relief. On or after 529 |
---|
644 | 644 | | December 1, 1989, any municipality which neglects to transmit to the 530 |
---|
645 | 645 | | Secretary of the Office of Policy and Management the adjustment as 531 |
---|
646 | 646 | | required by this section shall forfeit two hundred fifty dollars to the 532 |
---|
647 | 647 | | state, provided said secretary may waive such forfeiture in accordance 533 |
---|
648 | 648 | | with procedures and standards adopted by regulation in accordance 534 |
---|
649 | 649 | | with chapter 54. Upon receipt of such notice from the assessor, the tax 535 |
---|
650 | 650 | | collector shall, if such notice is received after the tax due date in the 536 |
---|
651 | 651 | | municipality, within [ten] thirty days thereafter mail or hand a bill to 537 Substitute Bill No. 870 |
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652 | 652 | | |
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653 | 653 | | |
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657 | 657 | | |
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658 | 658 | | the grantee stating the additional amount of tax due as determined by 538 |
---|
659 | 659 | | the assessor or assessors. Such tax shall be due and payable and 539 |
---|
660 | 660 | | collectible as other property taxes and subject to the same liens and 540 |
---|
661 | 661 | | processes of collection, provided such tax shall be due and payable in 541 |
---|
662 | 662 | | an initial or single installment not sooner than thirty days after the date 542 |
---|
663 | 663 | | such bill is mailed or handed to the grantee and in equal amounts in any 543 |
---|
664 | 664 | | remaining, regular installments as the same are due and payable. 544 |
---|
665 | 665 | | Sec. 14. Subsection (i) of section 12-170aa of the general statutes is 545 |
---|
666 | 666 | | repealed and the following is substituted in lieu thereof (Effective July 1, 546 |
---|
667 | 667 | | 2021): 547 |
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668 | 668 | | (i) If any person with respect to whom a claim for tax reduction in 548 |
---|
669 | 669 | | accordance with this section has been approved for any assessment year 549 |
---|
670 | 670 | | transfers, assigns, grants or otherwise conveys on or after the first day 550 |
---|
671 | 671 | | of October but prior to the first day of August in such assessment year 551 |
---|
672 | 672 | | the interest in real property to which such claim for tax credit is related, 552 |
---|
673 | 673 | | regardless of whether such transfer, assignment, grant or conveyance is 553 |
---|
674 | 674 | | voluntary or involuntary, the amount of such tax credit shall be a pro 554 |
---|
675 | 675 | | rata portion of the amount otherwise applicable in such assessment year 555 |
---|
676 | 676 | | to be determined by a fraction the numerator of which shall be the 556 |
---|
677 | 677 | | number of full months from the first day of October in such assessment 557 |
---|
678 | 678 | | year to the date of such conveyance and the denominator of which shall 558 |
---|
679 | 679 | | be twelve. If such conveyance occurs in the month of October the 559 |
---|
680 | 680 | | grantor shall be disqualified for tax credit in such assessment year. The 560 |
---|
681 | 681 | | grantee shall be required within a period not exceeding ten days 561 |
---|
682 | 682 | | immediately following the date of such conveyance to notify the 562 |
---|
683 | 683 | | assessor thereof, or in the absence of such notice, upon determination 563 |
---|
684 | 684 | | by the assessor that such transfer, assignment, grant or conveyance has 564 |
---|
685 | 685 | | occurred, the assessor shall (1) determine the amount of tax reduction to 565 |
---|
686 | 686 | | which the grantor is entitled for such assessment year with respect to 566 |
---|
687 | 687 | | the interest in real property conveyed and notify the tax collector of the 567 |
---|
688 | 688 | | reduced amount of tax reduction applicable to such interest and (2) 568 |
---|
689 | 689 | | notify the Secretary of the Office of Policy and Management on or before 569 |
---|
690 | 690 | | the October first immediately following the end of the assessment year 570 Substitute Bill No. 870 |
---|
691 | 691 | | |
---|
692 | 692 | | |
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693 | 693 | | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00870- |
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695 | 695 | | 19 of 25 |
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696 | 696 | | |
---|
697 | 697 | | in which such conveyance occurs of the reduction in such tax reduction 571 |
---|
698 | 698 | | for purposes of a corresponding adjustment in the amount of state 572 |
---|
699 | 699 | | payment to the municipality next following as reimbursement for the 573 |
---|
700 | 700 | | revenue loss related to such tax reductions. On or after December 1, 574 |
---|
701 | 701 | | 1987, any municipality which neglects to transmit to the Secretary of the 575 |
---|
702 | 702 | | Office of Policy and Management the claim as required by this section 576 |
---|
703 | 703 | | shall forfeit two hundred fifty dollars to the state provided the secretary 577 |
---|
704 | 704 | | may waive such forfeiture in accordance with procedures and standards 578 |
---|
705 | 705 | | established by regulations adopted in accordance with chapter 54. Upon 579 |
---|
706 | 706 | | receipt of such notice from the assessor, the tax collector shall, if such 580 |
---|
707 | 707 | | notice is received after the tax due date in the municipality, within [ten] 581 |
---|
708 | 708 | | thirty days thereafter mail or hand a bill to the grantee stating the 582 |
---|
709 | 709 | | additional amount of tax due as determined by the assessor. Such tax 583 |
---|
710 | 710 | | shall be due and payable and collectible as other property taxes and 584 |
---|
711 | 711 | | subject to the same liens and processes of collection, provided such tax 585 |
---|
712 | 712 | | shall be due and payable in an initial or single installment not sooner 586 |
---|
713 | 713 | | than thirty days after the date such bill is mailed or handed to the 587 |
---|
714 | 714 | | grantee and in equal amounts in any remaining, regular installments as 588 |
---|
715 | 715 | | the same are due and payable. 589 |
---|
716 | 716 | | Sec. 15. Subsection (b) of section 12-57 of the general statutes is 590 |
---|
717 | 717 | | repealed and the following is substituted in lieu thereof (Effective July 1, 591 |
---|
718 | 718 | | 2021): 592 |
---|
719 | 719 | | (b) When it has been determined by the assessors of a municipality, 593 |
---|
720 | 720 | | at any time, that a motor vehicle registered with the Department of 594 |
---|
721 | 721 | | Motor Vehicles has been assessed when it should not have been, the 595 |
---|
722 | 722 | | assessors shall issue a certificate of correction removing such vehicle 596 |
---|
723 | 723 | | from the list of the person who was assessed in error, and, if such vehicle 597 |
---|
724 | 724 | | should have been subject to taxation for the same taxing period on the 598 |
---|
725 | 725 | | grand list of another municipality in this state, the assessors shall 599 |
---|
726 | 726 | | promptly notify, in writing, the assessors of the municipality where the 600 |
---|
727 | 727 | | vehicle should be properly assessed and taxed, and the assessors of such 601 |
---|
728 | 728 | | municipality shall assess such vehicle and shall thereupon issue a 602 |
---|
729 | 729 | | certificate of correction adding such vehicle to the list of the person 603 Substitute Bill No. 870 |
---|
730 | 730 | | |
---|
731 | 731 | | |
---|
732 | 732 | | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00870- |
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734 | 734 | | 20 of 25 |
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735 | 735 | | |
---|
736 | 736 | | owning such vehicle, and the tax thereon shall be levied and collected 604 |
---|
737 | 737 | | by the tax collector. Upon the issuance of a certificate of correction, any 605 |
---|
738 | 738 | | person taxed in error may make application in writing to the collector 606 |
---|
739 | 739 | | of taxes for the refund of the erroneously collected amount pursuant to 607 |
---|
740 | 740 | | section 12-129, as amended by this act. 608 |
---|
741 | 741 | | Sec. 16. Section 12-129 of the general statutes is repealed and the 609 |
---|
742 | 742 | | following is substituted in lieu thereof (Effective July 1, 2021): 610 |
---|
743 | 743 | | Any person, firm or corporation who pays any property tax in excess 611 |
---|
744 | 744 | | of the principal of such tax as entered in the rate book of the tax collector 612 |
---|
745 | 745 | | and covered by his warrant therein, or in excess of the legal interest, 613 |
---|
746 | 746 | | penalty or fees pertaining to such tax, or who pays a tax from which the 614 |
---|
747 | 747 | | payor is by statute exempt and entitled to an abatement, or who, by 615 |
---|
748 | 748 | | reason of a clerical error on the part of the assessor or board of 616 |
---|
749 | 749 | | assessment appeals, pays a tax in excess of that which should have been 617 |
---|
750 | 750 | | assessed against his property, or who is entitled to a refund because of 618 |
---|
751 | 751 | | the issuance of a certificate of correction, may make application in 619 |
---|
752 | 752 | | writing to the collector of taxes for the refund of such amount. Such 620 |
---|
753 | 753 | | application shall be delivered or postmarked by the later of (1) three 621 |
---|
754 | 754 | | years from the date such tax was due, (2) such extended deadline as the 622 |
---|
755 | 755 | | municipality may, by ordinance, establish, or (3) ninety days after the 623 |
---|
756 | 756 | | deletion of any item of tax assessment by a final court order or pursuant 624 |
---|
757 | 757 | | to subdivision (3) of subsection (c) of section 12-53, subsection (b) of 625 |
---|
758 | 758 | | section 12-57, as amended by this act, or section 12-113. Such application 626 |
---|
759 | 759 | | shall contain a recital of the facts and shall state the amount of the refund 627 |
---|
760 | 760 | | requested. The collector shall, after examination of such application, 628 |
---|
761 | 761 | | refer the same, with his recommendations thereon, to the board of 629 |
---|
762 | 762 | | selectmen in a town or to the corresponding authority in any other 630 |
---|
763 | 763 | | municipality, and shall certify to the amount of refund, if any, to which 631 |
---|
764 | 764 | | the applicant is entitled. The existence of another tax delinquency or 632 |
---|
765 | 765 | | other debt owed by the same person, firm or corporation shall be 633 |
---|
766 | 766 | | sufficient grounds for denying the application. Upon such denial, any 634 |
---|
767 | 767 | | overpayment shall be applied to such delinquency or other debt. Upon 635 |
---|
768 | 768 | | receipt of such application and certification, the selectmen or such other 636 Substitute Bill No. 870 |
---|
769 | 769 | | |
---|
770 | 770 | | |
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771 | 771 | | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00870- |
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773 | 773 | | 21 of 25 |
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774 | 774 | | |
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775 | 775 | | authority shall draw an order upon the treasurer in favor of such 637 |
---|
776 | 776 | | applicant for the amount of refund so certified. Any action taken by such 638 |
---|
777 | 777 | | selectmen or such other authority shall be a matter of record, and the tax 639 |
---|
778 | 778 | | collector shall be notified in writing of such action. Upon receipt of 640 |
---|
779 | 779 | | notice of such action, the collector shall make in his rate book a notation 641 |
---|
780 | 780 | | which will date, describe and identify each such transaction. Each tax 642 |
---|
781 | 781 | | collector shall, at the end of each fiscal year, prepare a statement 643 |
---|
782 | 782 | | showing the amount of each such refund, to whom made and the reason 644 |
---|
783 | 783 | | therefor. Such statement shall be published in the annual report of the 645 |
---|
784 | 784 | | municipality or filed in the town clerk's office within sixty days of the 646 |
---|
785 | 785 | | end of the fiscal year. Any payment for which no timely application is 647 |
---|
786 | 786 | | made or granted under this section shall permanently remain the 648 |
---|
787 | 787 | | property of the municipality. Nothing in this section shall be construed 649 |
---|
788 | 788 | | to allow a refund based upon an error of judgment by the assessors. 650 |
---|
789 | 789 | | Notwithstanding the provisions of this section, the legislative body of a 651 |
---|
790 | 790 | | municipality may, by ordinance, authorize the tax collector to retain 652 |
---|
791 | 791 | | payments in excess of the amount due provided the amount of the 653 |
---|
792 | 792 | | excess payment is less than five dollars. 654 |
---|
793 | 793 | | Sec. 17. Subsection (e) of section 12-81a of the general statutes is 655 |
---|
794 | 794 | | repealed and the following is substituted in lieu thereof (Effective July 1, 656 |
---|
795 | 795 | | 2021): 657 |
---|
796 | 796 | | (e) Upon receipt of such notice from the assessor, the tax collector of 658 |
---|
797 | 797 | | the town shall, if such notice is received after the normal billing date, 659 |
---|
798 | 798 | | within [ten] thirty days thereafter mail or hand a bill to the purchaser 660 |
---|
799 | 799 | | based upon an amount prorated by the assessor. Such tax shall be due 661 |
---|
800 | 800 | | and payable and collectible as other municipal taxes and subject to the 662 |
---|
801 | 801 | | same liens and processes of collection; provided such tax shall be due 663 |
---|
802 | 802 | | and payable in an initial or single installment due and payable not 664 |
---|
803 | 803 | | sooner than thirty days after the date such bill is mailed or handed to 665 |
---|
804 | 804 | | the purchaser, and in any remaining, regular installments, as the same 666 |
---|
805 | 805 | | are due and payable, and the several installments of a tax so due and 667 |
---|
806 | 806 | | payable shall be equal. 668 |
---|
807 | 807 | | Sec. 18. Section 12-128 of the general statutes is repealed and the 669 Substitute Bill No. 870 |
---|
808 | 808 | | |
---|
809 | 809 | | |
---|
810 | 810 | | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00870- |
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812 | 812 | | 22 of 25 |
---|
813 | 813 | | |
---|
814 | 814 | | following is substituted in lieu thereof (Effective July 1, 2021): 670 |
---|
815 | 815 | | The amount of any tax which has been collected erroneously from 671 |
---|
816 | 816 | | any person who has served in the Army, Navy, Marine Corps, Coast 672 |
---|
817 | 817 | | Guard or Air Force of the United States, or from his relative, as specified 673 |
---|
818 | 818 | | in section 12-81, may be recovered from the municipality to which the 674 |
---|
819 | 819 | | same has been paid at any time within six years from the date of such 675 |
---|
820 | 820 | | payment upon presentation of a claim therefor to the [collector of taxes] 676 |
---|
821 | 821 | | assessor. The [collector] assessor shall examine such claim and, upon 677 |
---|
822 | 822 | | finding the claimant entitled thereto, shall [certify to that effect to the 678 |
---|
823 | 823 | | selectmen of such town or other proper official of such municipality. 679 |
---|
824 | 824 | | Upon receipt of such certification, the selectmen or other proper official 680 |
---|
825 | 825 | | shall draw an order upon the treasurer in favor of such claimant for the 681 |
---|
826 | 826 | | amount, without interest, to which such claimant is entitled] issue a 682 |
---|
827 | 827 | | certificate of correction. Upon the issuance of a certificate of correction, 683 |
---|
828 | 828 | | any person taxed in error may make application in writing to the 684 |
---|
829 | 829 | | collector of taxes for the refund of the erroneously taxed amount. Such 685 |
---|
830 | 830 | | application shall contain a recital of the facts and the amount of the 686 |
---|
831 | 831 | | refund requested. The collector shall, after examination of such 687 |
---|
832 | 832 | | application, refer the same, with the collector's recommendations 688 |
---|
833 | 833 | | thereon, to the board of selectmen in a town or the corresponding 689 |
---|
834 | 834 | | authority in any other municipality, and certify to the amount of refund, 690 |
---|
835 | 835 | | without interest, to which the person is entitled. Any payment for which 691 |
---|
836 | 836 | | no timely application is made or granted under this section shall be the 692 |
---|
837 | 837 | | property of the municipality. 693 |
---|
838 | 838 | | Sec. 19. Subsection (a) of section 12-170f of the general statutes is 694 |
---|
839 | 839 | | repealed and the following is substituted in lieu thereof (Effective July 1, 695 |
---|
840 | 840 | | 2021): 696 |
---|
841 | 841 | | (a) Any renter, believing himself or herself to be entitled to a grant 697 |
---|
842 | 842 | | under section 12-170d for any calendar year, shall apply for such grant 698 |
---|
843 | 843 | | to the assessor of the municipality in which the renter resides or to the 699 |
---|
844 | 844 | | duly authorized agent of such assessor or municipality on or after April 700 |
---|
845 | 845 | | first and not later than October first of each year with respect to such 701 |
---|
846 | 846 | | grant for the calendar year preceding each such year, on a form 702 Substitute Bill No. 870 |
---|
847 | 847 | | |
---|
848 | 848 | | |
---|
849 | 849 | | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00870- |
---|
851 | 851 | | 23 of 25 |
---|
852 | 852 | | |
---|
853 | 853 | | prescribed and furnished by the Secretary of the Office of Policy and 703 |
---|
854 | 854 | | Management to the assessor. A renter may apply to the secretary prior 704 |
---|
855 | 855 | | to [December] November fifteenth of the claim year for an extension of 705 |
---|
856 | 856 | | the application period. The secretary may grant such extension in the 706 |
---|
857 | 857 | | case of extenuating circumstance due to illness or incapacitation as 707 |
---|
858 | 858 | | evidenced by a certificate signed by a physician or an advanced practice 708 |
---|
859 | 859 | | registered nurse to that extent, or if the secretary determines there is 709 |
---|
860 | 860 | | good cause for doing so. A renter making such application shall present 710 |
---|
861 | 861 | | to such assessor or agent, in substantiation of the renter's application, a 711 |
---|
862 | 862 | | copy of the renter's federal income tax return, and if not required to file 712 |
---|
863 | 863 | | a federal income tax return, such other evidence of qualifying income, 713 |
---|
864 | 864 | | receipts for money received, or cancelled checks, or copies thereof, and 714 |
---|
865 | 865 | | any other evidence the assessor or such agent may require. When the 715 |
---|
866 | 866 | | assessor or agent is satisfied that the applying renter is entitled to a 716 |
---|
867 | 867 | | grant, such assessor or agent shall issue a certificate of grant in such 717 |
---|
868 | 868 | | form as the secretary may prescribe and supply showing the amount of 718 |
---|
869 | 869 | | the grant due. 719 |
---|
870 | 870 | | Sec. 20. Subsection (h) of section 4-66l of the general statutes is 720 |
---|
871 | 871 | | repealed and the following is substituted in lieu thereof (Effective July 1, 721 |
---|
872 | 872 | | 2021): 722 |
---|
873 | 873 | | (h) (1) Except as provided in subdivision (2) of this subsection, for the 723 |
---|
874 | 874 | | fiscal year ending June 30, 2018, and each fiscal year thereafter, the 724 |
---|
875 | 875 | | amount of the grant payable to a municipality in any year in accordance 725 |
---|
876 | 876 | | with subsection (d) or (f) of this section shall be reduced if such 726 |
---|
877 | 877 | | municipality increases its adopted budget expenditures for such fiscal 727 |
---|
878 | 878 | | year above a cap equal to the amount of adopted budget expenditures 728 |
---|
879 | 879 | | authorized for the previous fiscal year by 2.5 per cent or more or the rate 729 |
---|
880 | 880 | | of inflation, whichever is greater. Such reduction shall be in an amount 730 |
---|
881 | 881 | | equal to fifty cents for every dollar expended over the cap set forth in 731 |
---|
882 | 882 | | this subsection. For the purposes of this section, (A) "municipal 732 |
---|
883 | 883 | | spending" does not include expenditures for debt service, special 733 |
---|
884 | 884 | | education, implementation of court orders or arbitration awards, 734 |
---|
885 | 885 | | expenditures associated with a major disaster or emergency declaration 735 Substitute Bill No. 870 |
---|
886 | 886 | | |
---|
887 | 887 | | |
---|
888 | 888 | | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00870- |
---|
890 | 890 | | 24 of 25 |
---|
891 | 891 | | |
---|
892 | 892 | | by the President of the United States, a disaster emergency declaration 736 |
---|
893 | 893 | | issued by the Governor pursuant to chapter 517 or any disbursement 737 |
---|
894 | 894 | | made to a district pursuant to subsection (c) or (g) of this section, 738 |
---|
895 | 895 | | budgeting for an audited deficit, nonrecurring grants, capital 739 |
---|
896 | 896 | | expenditures or payments on unfunded pension liabilities, (B) "adopted 740 |
---|
897 | 897 | | budget expenditures" includes expenditures from a municipality's 741 |
---|
898 | 898 | | general fund and expenditures from any nonbudgeted funds, and (C) 742 |
---|
899 | 899 | | "capital expenditure" means a nonrecurring capital expenditure of one 743 |
---|
900 | 900 | | hundred thousand dollars or more. Each municipality shall annually 744 |
---|
901 | 901 | | certify to the secretary, on a form prescribed by said secretary, whether 745 |
---|
902 | 902 | | such municipality has exceeded the cap set forth in this subsection and 746 |
---|
903 | 903 | | if so the amount by which the cap was exceeded, except that in any fiscal 747 |
---|
904 | 904 | | year for which the secretary publishes a list of payments made to 748 |
---|
905 | 905 | | municipalities by state agencies, such certification shall not be required. 749 |
---|
906 | 906 | | (2) For the fiscal year ending June 30, 2018, and each fiscal year 750 |
---|
907 | 907 | | thereafter, the amount of the grant payable to a municipality in any year 751 |
---|
908 | 908 | | in accordance with subsection (d) or (f) of this section shall not be 752 |
---|
909 | 909 | | reduced in the case of a municipality whose adopted budget 753 |
---|
910 | 910 | | expenditures exceed the cap set forth in subdivision (1) of this 754 |
---|
911 | 911 | | subsection by an amount proportionate to any increase to its municipal 755 |
---|
912 | 912 | | population from the previous fiscal year, as determined by the secretary. 756 |
---|
913 | 913 | | Sec. 21. Sections 7-148dd, 12-63i and 12-63j of the general statutes are 757 |
---|
914 | 914 | | repealed. (Effective July 1, 2021)758 |
---|
915 | 915 | | This act shall take effect as follows and shall amend the following |
---|
916 | 916 | | sections: |
---|
917 | 917 | | |
---|
918 | 918 | | Section 1 October 1, 2021, and |
---|
919 | 919 | | applicable to assessment |
---|
920 | 920 | | years commencing on or |
---|
921 | 921 | | after October 1, 2021 |
---|
922 | 922 | | 12-81g(b) |
---|
923 | 923 | | Sec. 2 October 1, 2021, and |
---|
924 | 924 | | applicable to assessment |
---|
925 | 925 | | years commencing on or |
---|
926 | 926 | | after October 1, 2021 |
---|
927 | 927 | | 12-81cc Substitute Bill No. 870 |
---|
928 | 928 | | |
---|
929 | 929 | | |
---|
930 | 930 | | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00870- |
---|
932 | 932 | | 25 of 25 |
---|
933 | 933 | | |
---|
934 | 934 | | Sec. 3 July 1, 2021 12-170e(a)(2) |
---|
935 | 935 | | Sec. 4 July 1, 2021 16a-31(b) |
---|
936 | 936 | | Sec. 5 July 1, 2021 7-325(c) and (d) |
---|
937 | 937 | | Sec. 6 July 1, 2021 19a-308(a) |
---|
938 | 938 | | Sec. 7 July 1, 2021, and |
---|
939 | 939 | | applicable to assessment |
---|
940 | 940 | | years commencing on or |
---|
941 | 941 | | after October 1, 2022 |
---|
942 | 942 | | 12-62 |
---|
943 | 943 | | Sec. 8 October 1, 2021 12-62g |
---|
944 | 944 | | Sec. 9 October 1, 2021 12-55(c) |
---|
945 | 945 | | Sec. 10 October 1, 2021, and |
---|
946 | 946 | | applicable to assessment |
---|
947 | 947 | | years commencing on or |
---|
948 | 948 | | after October 1, 2021 |
---|
949 | 949 | | 12-89 |
---|
950 | 950 | | Sec. 11 July 1, 2021 12-117a |
---|
951 | 951 | | Sec. 12 July 1, 2021 12-119 |
---|
952 | 952 | | Sec. 13 July 1, 2021 12-129b(d) |
---|
953 | 953 | | Sec. 14 July 1, 2021 12-170aa(i) |
---|
954 | 954 | | Sec. 15 July 1, 2021 12-57(b) |
---|
955 | 955 | | Sec. 16 July 1, 2021 12-129 |
---|
956 | 956 | | Sec. 17 July 1, 2021 12-81a(e) |
---|
957 | 957 | | Sec. 18 July 1, 2021 12-128 |
---|
958 | 958 | | Sec. 19 July 1, 2021 12-170f(a) |
---|
959 | 959 | | Sec. 20 July 1, 2021 4-66l(h) |
---|
960 | 960 | | Sec. 21 July 1, 2021 Repealer section |
---|
961 | 961 | | |
---|