Connecticut 2022 Regular Session

Connecticut House Bill HB05211 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO 1395 \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05211-R01-
4		-	HB.docx
5		-	1 of 3
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7		-	General Assembly Substitute Bill No. 5211
	4	+	LCO No. 1395 1 of 3
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	6	+	General Assembly Raised Bill No. 5211
8	7		February Session, 2022
	8	+	LCO No. 1395
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11	11		Referred to Committee on JUDICIARY
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13	13
14	14		Introduced by:
15	15		(JUD)
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18	20		AN ACT CONCERNING THE APPLICATION OF THE FREEDOM OF
19	21		INFORMATION ACT TO CERTAIN CEMETERY ASSOCIATIONS.
20	22		Be it enacted by the Senate and House of Representatives in General
21	23		Assembly convened:
22	24
23	25		Section 1. Section 19a-296 of the general statutes is repealed and the 1
24	26		following is substituted in lieu thereof (Effective July 1, 2022): 2
25	27		(a) Cemetery associations shall be organized in accordance with the 3
26	28		provisions of sections 33-1025 to 33-1047, inclusive, and shall not be 4
27	29		conducted for the purposes of speculation in cemetery lots and 5
28	30		property, or for private gain, either directly or indirectly, to any of the 6
29	31		members of any such association; and land for the enlargement of a 7
30	32		cemetery may be taken in accordance with the provisions of section 48-8
31	33		18. 9
32	34		(b) The board of directors or board of trustees of any cemetery 10
33	35		association shall hold an annual meeting of the association. At such 11
34	36		annual meeting, the board shall accept an annual financial statement 12
35	37		that shall contain an accounting of income and expenses of the cemetery 13
36		-	association for the preceding fiscal year and an accounting of assets 14 Substitute Bill No. 5211
	38	+	association for the preceding fiscal year and an accounting of assets 14
	39	+	owned by the association. Such financial statement shall be included in 15 Raised Bill No. 5211
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39		-	LCO 1395 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05211-
40		-	R01-HB.docx }
41		-	2 of 3
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43		-	owned by the association. Such financial statement shall be included in 15
	43	+	LCO No. 1395 2 of 3
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44	45		the minutes of the annual meeting at which such financial statement was 16
45	46		accepted. The board shall retain the minutes of such annual meeting for 17
46	47		a period of not less than twenty years after the date of such meeting. 18
47	48		(c) No officer, director or trustee of a cemetery association may serve 19
48	49		as an officer, director or trustee of any company that manages or 20
49	50		operates any aspect of the cemetery. 21
50	51		(d) Any interested party may petition the [probate court] Probate 22
51	52		Court for the district within which the cemetery owned or controlled by 23
52	53		a cemetery association is located to require disclosure of the minutes of 24
53	54		an annual meeting of the cemetery association including any financial 25
54	55		statement required to be included in such minutes. The court may, after 26
55	56		hearing, with notice to all interested parties, grant the petition and 27
56	57		require disclosure of such minutes for such periods of time as it 28
57	58		determines are reasonable and necessary on finding that: (1) The 29
58	59		petitioner has an interest in the minutes sufficient to warrant disclosure, 30
59	60		and (2) the petition is not for the purpose of harassment. 31
60	61		(e) Any cemetery association, organized in accordance with the 32
61	62		provisions of sections 33-1025 to 33-1047, inclusive, that receives or 33
62		-	expends any public funds, as defined in section 7-401, shall be ~~deemed~~ 34
63		-	~~a public agency for purposes~~ of the Freedom of Information Act, as 35
64		-	defined in section 1-200. 36
	63	+	expends any public funds, as defined in section 7-401, shall be a "public 34
	64	+	agency" and subject to the provisions of the Freedom of Information Act, 35
	65	+	as defined in section 1-200. 36
65	66		This act shall take effect as follows and shall amend the following
66	67		sections:
67	68
68	69		Section 1 July 1, 2022 19a-296
69	70
70		-	Statement of Legislative Commissioners:
71		-	In Subsec. (e), "shall be a "public agency" and subject to the provisions
72		-	of the Freedom of Information Act, as defined in section 1-200", was
73		-	changed to "shall be deemed a public agency for purposes of the
74		-	Freedom of Information Act, as defined in section 1-200", for accuracy
75		-	and clarity.
76		-	Substitute Bill No. 5211
	71	+	Statement of Purpose:
	72	+	To provide that any cemetery association, organized in accordance with
	73	+	the provisions of sections 33-1025 to 33-1047, inclusive, that receives or
	74	+	expends any public funds, as defined in section 7-401, shall be a "public
	75	+	agency" and subject to the provisions of the Freedom of Information Act,
	76	+	as defined in section 1-200. Raised Bill No. 5211
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79		-	LCO 1395 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05211-
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83		-	JUD Joint Favorable Subst. -LCO
	80	+	LCO No. 1395 3 of 3
	81	+
	82	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	83	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	84	+	underlined.]
84	85