23 | | - | Section 1. Section 8 of number 511 of the special acts of 1929, as 1 |
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24 | | - | amended by section 3 of special act 83-31, section 1 of special act 99-12 2 |
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25 | | - | and section 3 of special act 14-21, is amended to read as follows (Effective 3 |
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26 | | - | July 1, 2023): 4 |
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27 | | - | Said board, either directly or under committees consisting of one or 5 |
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28 | | - | more members of said board, shall organize bureaus for the convenient 6 |
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29 | | - | carrying into effect of the several functions herein committed to said 7 |
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30 | | - | board and may define the powers and duties of such bureaus and 8 |
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31 | | - | delegate to them such powers and duties by ordinance, by-law or 9 |
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32 | | - | otherwise as may, in the judgment of the board, be necessary for the 10 |
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33 | | - | convenient operation of the same. No member of the board shall receive 11 |
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34 | | - | any pay for his or her services as such member or as a member of a sub-12 |
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35 | | - | committee of the board except that a reasonable sum may annually be 13 |
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36 | | - | appropriated for the actual expenses of said board. The board may, by 14 |
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37 | | - | ordinance, by-law or otherwise, fix the salaries and define the duties of 15 |
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38 | | - | all officers and employees or may delegate the fixing of salaries of 16 |
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39 | | - | Committee Bill No. 5888 |
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40 | | - | |
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41 | | - | |
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42 | | - | LCO No. 6080 2 of 10 |
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43 | | - | |
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44 | | - | employees and assignment of duties of employees to sub-committees or 17 |
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45 | | - | bureau managers. The chairman and vice-chairman of said district and 18 |
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46 | | - | of all sub-committees, bureaus, boards and commissions appointed by 19 |
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47 | | - | the district board shall, unless otherwise provided in the appointment 20 |
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48 | | - | or [herein] in this section, hold office until the end of the fiscal year of 21 |
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49 | | - | their appointment and thereafter shall be appointed for terms of two 22 |
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50 | | - | years and until their successors shall be appointed and shall have 23 |
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51 | | - | qualified. The members of all sub-committees, bureaus, boards and 24 |
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52 | | - | commissions appointed by the district board shall, unless otherwise 25 |
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53 | | - | provided in the appointment or [herein] in this section, hold such 26 |
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54 | | - | membership until the end of the fiscal year of their appointment and 27 |
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55 | | - | thereafter shall hold membership for terms of two years and until their 28 |
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56 | | - | successors shall be appointed and shall have qualified. The managers of 29 |
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57 | | - | the water bureau and of the bureau of public works and such others of 30 |
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58 | | - | the officers as by the district board shall be especially so designated shall 31 |
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59 | | - | hold office during good behavior and shall be removed only for cause. 32 |
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60 | | - | All other officers and employees may be removed at any time by the 33 |
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61 | | - | district board at pleasure. All vacancies may be filled by the district 34 |
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62 | | - | board. Said district board [shall have power to] may fill any vacancy 35 |
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63 | | - | occurring in its number for the unexpired portion of the term and, 36 |
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64 | | - | except as otherwise expressly provided, shall act in all cases by a 37 |
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65 | | - | majority of those present at any regular or special meeting, duly 38 |
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66 | | - | warned. A majority of the board shall constitute a quorum and the time, 39 |
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67 | | - | place and manner of calling meetings and the holding thereof, including 40 |
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68 | | - | the manner of dissolving tie votes, shall be prescribed by said board by 41 |
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69 | | - | by-law or otherwise. The district board shall be the final judge of the 42 |
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70 | | - | election returns and validity of elections and qualifications of its 43 |
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71 | | - | members and shall decide all tie votes in elections. Except as hereinafter 44 |
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72 | | - | provided, the district board shall have power to authorize the sale, 45 |
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73 | | - | transfer and conveyance of real and personal estate belonging to the 46 |
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74 | | - | district, and shall provide by by-law or otherwise for the form and 47 |
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75 | | - | manner of execution of the documents and instruments convenient 48 |
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76 | | - | therefor. The Auditors of Public Accounts, established under chapter 23 49 |
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77 | | - | of the general statutes, shall audit the district accounts annually in 50 |
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78 | | - | Committee Bill No. 5888 |
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79 | | - | |
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80 | | - | |
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81 | | - | LCO No. 6080 3 of 10 |
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82 | | - | |
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83 | | - | accordance with the provisions of said chapter. The district board [shall 51 |
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84 | | - | make provision for the proper auditing of the district accounts and] may 52 |
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85 | | - | cause any officer to execute bonds to the district with surety to the 53 |
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86 | | - | acceptance of the district board for the faithful performance of duties. 54 |
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87 | | - | The district board shall post the current budget of the district in a 55 |
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88 | | - | conspicuous location on the district's Internet web site. 56 |
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89 | | - | Sec. 2. Section 8 of special act 14-21 is amended to read as follows 57 |
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90 | | - | (Effective July 1, 2023): 58 |
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91 | | - | The [Metropolitan District Commission] Auditors of Public Accounts 59 |
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92 | | - | shall, annually, submit a copy of the audit prepared pursuant to 60 |
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93 | | - | [chapter 111 of the general statutes] section 8 of number 511 of the 61 |
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94 | | - | special acts of 1929, as amended by section 3 of special act 83-31, section 62 |
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95 | | - | 1 of special act 99-1, section 3 of special act 14-21 and this act, to the 63 |
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96 | | - | Office of Fiscal Analysis. 64 |
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97 | | - | Sec. 3. Subsection (a) of section 4 of special act 90-27, as amended by 65 |
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98 | | - | section 6 of public act 93-380 and section 9 of special act 14-21, is 66 |
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99 | | - | amended to read as follows (Effective July 1, 2023): 67 |
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100 | | - | (a) The Metropolitan District in Hartford County created pursuant to 68 |
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101 | | - | number 511 of the special acts of 1929, as amended, may issue bonds or 69 |
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102 | | - | other obligations, or may enter into leases of real or personal property 70 |
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103 | | - | or any interest [therein] in such property, from time to time for the 71 |
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104 | | - | purpose of paying all or any part of the cost of designing, acquiring, 72 |
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105 | | - | purchasing, constructing, reconstructing, improving, extending, 73 |
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106 | | - | financing, refinancing, operating or managing any facility, system, 74 |
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107 | | - | program or equipment necessary or desirable in connection with 75 |
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108 | | - | carrying out any of its authorized purposes, including payment of 76 |
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109 | | - | expenses of administration properly chargeable thereto, including, 77 |
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110 | | - | without limitation, legal, architectural and engineering expenses and 78 |
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111 | | - | fees, [and costs of audits,] and payment of costs, fees and expenses 79 |
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112 | | - | which the district board may deem necessary or advantageous in 80 |
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113 | | - | connection with the authorization, sale and issuance of bonds or notes 81 |
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114 | | - | or other obligations, including but not limited to, underwriters' discount 82 |
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115 | | - | Committee Bill No. 5888 |
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116 | | - | |
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117 | | - | |
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118 | | - | LCO No. 6080 4 of 10 |
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119 | | - | |
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120 | | - | and payment of all other items of expense incurred in connection 83 |
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121 | | - | therewith. The district may issue such types of bonds or other 84 |
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122 | | - | obligations as the district board by resolution approved by a majority of 85 |
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123 | | - | its members may determine, including, without limiting the generality 86 |
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124 | | - | of the foregoing, bonds or other obligations payable as to principal and 87 |
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125 | | - | interest exclusively from the income and revenues of a particular 88 |
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126 | | - | facility, system or program. Bonds or other obligations payable as to 89 |
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127 | | - | principal and interest exclusively from the income and revenues of a 90 |
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128 | | - | particular facility, system or program shall not constitute an 91 |
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129 | | - | indebtedness within the meaning of any statutory limitation on the 92 |
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130 | | - | indebtedness of the district or any member municipality. 93 |
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131 | | - | Notwithstanding the provisions of sections 23, 24, 25, 26 and 51 of 94 |
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132 | | - | number 511 of the special acts of 1929, as amended, any surplus moneys 95 |
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133 | | - | not needed in the determination of the district board to meet the 96 |
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134 | | - | purposes of funds established pursuant to said sections and any surplus 97 |
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135 | | - | revenues in the assessable sewer fund may be pledged as additional 98 |
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136 | | - | security for any such bonds or the provider of any credit enhancement 99 |
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137 | | - | for any such bonds, which also may be secured by a pledge of any 100 |
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138 | | - | income or revenues of the district, or a mortgage on any facility or 101 |
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139 | | - | system or the site thereof. Whenever and for so long as the district has 102 |
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140 | | - | issued and has outstanding bonds pursuant to this section, the district 103 |
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141 | | - | board shall fix, charge and collect rates, rents, fees and other charges in 104 |
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142 | | - | accordance herewith. Neither the members of the district nor any person 105 |
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143 | | - | executing the bonds shall be liable personally on the bonds by reason of 106 |
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144 | | - | the issuance thereof. The bonds and other obligations of the district, and 107 |
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145 | | - | such bonds and obligations shall so state on their face, shall not be a debt 108 |
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146 | | - | of the state or any political subdivision thereof, and no person other than 109 |
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147 | | - | the district shall be liable thereon, nor shall such bonds or obligations be 110 |
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148 | | - | payable out of any funds or properties other than those of the district. 111 |
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149 | | - | Bonds of the district issued under the provisions of sections 2 and 13 of 112 |
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150 | | - | number 511 of the special acts of 1929, as amended, and sections 2 and 113 |
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151 | | - | 4 of special act 90-27, as amended by public act 93-380 and this act, are 114 |
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152 | | - | declared to be issued for an essential public and governmental purpose. 115 |
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153 | | - | In anticipation of the sale of such bonds the district may issue negotiable 116 |
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154 | | - | Committee Bill No. 5888 |
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155 | | - | |
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156 | | - | |
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157 | | - | LCO No. 6080 5 of 10 |
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158 | | - | |
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159 | | - | bond anticipation notes and may renew the same from time to time, but 117 |
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160 | | - | the maximum maturity of any such note including renewals thereof, 118 |
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161 | | - | shall not exceed five years from the date of issue of the original note. 119 |
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162 | | - | Such notes shall be paid from any revenues of the district available 120 |
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163 | | - | therefor and not otherwise pledged, or from the proceeds of sale of the 121 |
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164 | | - | bonds of the district in anticipation of which they were issued. Such 122 |
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165 | | - | notes and the resolution or resolutions authorizing the same may 123 |
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166 | | - | contain any provisions, conditions or limitations which a bond 124 |
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167 | | - | resolution of the district may contain. 125 |
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168 | | - | Sec. 4. Subsection (c) of section 2-90 of the general statutes is repealed 126 |
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169 | | - | and the following is substituted in lieu thereof (Effective July 1, 2023): 127 |
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170 | | - | (c) Said auditors shall audit, on a biennial basis if deemed most 128 |
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171 | | - | economical and efficient, or as frequently as they deem necessary, the 129 |
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172 | | - | books and accounts, records of operations and activities, systems and 130 |
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173 | | - | data of each officer, department, commission, board and court of the 131 |
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174 | | - | state government, all institutions supported by the state and all public 132 |
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175 | | - | and quasi-public bodies, politic and corporate, created by public or 133 |
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176 | | - | special act of the General Assembly and not required to be audited or 134 |
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177 | | - | subject to reporting requirements, under the provisions of chapter 111, 135 |
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178 | | - | except that said auditors shall, on an annual basis, or as frequently as 136 |
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179 | | - | they deem necessary, audit the books and accounts of the Metropolitan 137 |
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180 | | - | District of Hartford County. Each such audit may include an 138 |
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181 | | - | examination of any relevant information concerning the department, 139 |
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182 | | - | commission, board or court of state government being audited that is in 140 |
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183 | | - | the possession or control of a private entity that has a contract with such 141 |
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184 | | - | department, commission, board or court, and such information shall be 142 |
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185 | | - | provided upon demand in a format prescribed by the auditors at no cost 143 |
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186 | | - | to the auditors or the department, commission, board or court. Each 144 |
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187 | | - | such audit may include an examination of performance in order to 145 |
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188 | | - | determine effectiveness in achieving expressed legislative purposes. 146 |
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189 | | - | The auditors shall report their findings and recommendations to the 147 |
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190 | | - | Governor, the State Comptroller and the joint standing committee of the 148 |
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191 | | - | General Assembly having cognizance of matters relating to 149 |
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192 | | - | Committee Bill No. 5888 |
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193 | | - | |
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194 | | - | |
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195 | | - | LCO No. 6080 6 of 10 |
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196 | | - | |
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197 | | - | appropriations and the budgets of state agencies. 150 |
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198 | | - | Sec. 5. Section 7-391 of the general statutes is repealed and the 151 |
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199 | | - | following is substituted in lieu thereof (Effective July 1, 2023): 152 |
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200 | | - | When used in this chapter, unless the context otherwise requires, the 153 |
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201 | | - | following terms shall have the meanings herein specified: "Secretary" 154 |
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202 | | - | means the Secretary of the Office of Policy and Management; 155 |
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203 | | - | "municipality" includes each town, consolidated town and city, 156 |
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204 | | - | consolidated town and borough, city and borough; "audited agency" 157 |
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205 | | - | includes each district, as defined in section 7-324, or other municipal 158 |
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206 | | - | utility, [the Metropolitan District of Hartford County], each regional 159 |
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207 | | - | council of governments, any other political subdivision of similar 160 |
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208 | | - | character which is created and any other agency created or designated 161 |
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209 | | - | by a municipality to act for such municipality whose annual receipts 162 |
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210 | | - | from all sources exceed one million dollars, excluding the Metropolitan 163 |
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211 | | - | District of Hartford County; "reporting agency" includes each district, 164 |
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212 | | - | as defined in section 7-324, or other municipal utility, each regional 165 |
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213 | | - | council of governments, any other political subdivision of similar 166 |
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214 | | - | character which is created and any other agency created or designated 167 |
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215 | | - | by a municipality to act for such municipality whose annual receipts 168 |
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216 | | - | from all sources do not exceed one million dollars; "appointing 169 |
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217 | | - | authority" means the legislative body of a municipality or the board, 170 |
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218 | | - | committee or other governing body of such audited agency, except in 171 |
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219 | | - | any town where the authority to adopt a budget rests with a town 172 |
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220 | | - | meeting or a representative town meeting "appointing authority" means 173 |
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221 | | - | the board of finance or other board, committee or body charged with 174 |
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222 | | - | preparing the budget, or in a town that has no board of finance or other 175 |
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223 | | - | such board, committee or body, means the board of selectmen or the 176 |
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224 | | - | town council; "audit report" means the report of the independent 177 |
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225 | | - | auditor and the annual financial statements of the municipality or 178 |
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226 | | - | audited agency; "independent auditor" means a public accountant who 179 |
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227 | | - | is licensed to practice in the state of Connecticut and who meets the 180 |
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228 | | - | independence standards included in generally accepted government 181 |
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229 | | - | auditing standards; "public accountant" means an individual who meets 182 |
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230 | | - | Committee Bill No. 5888 |
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231 | | - | |
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232 | | - | |
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233 | | - | LCO No. 6080 7 of 10 |
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234 | | - | |
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235 | | - | standards included in generally accepted government auditing 183 |
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236 | | - | standards for personnel performing government audits and the 184 |
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237 | | - | licensing requirements of the State Board of Accountancy; "receipts" 185 |
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238 | | - | means amounts accrued or received by a municipality, audited agency 186 |
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239 | | - | or reporting agency and reportable as revenues in accordance with 187 |
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240 | | - | generally accepted accounting principles; "municipal utility" means 188 |
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241 | | - | every Connecticut municipality or department or agency thereof, or 189 |
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242 | | - | Connecticut district, manufacturing, selling or distributing gas or 190 |
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243 | | - | electricity to be used for light, heat or power or water. 191 |
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244 | | - | Sec. 6. (Effective July 1, 2023) (a) There is established a task force to 192 |
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245 | | - | examine the organization and operations of the Metropolitan District of 193 |
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246 | | - | Hartford County. The task force's examination shall include, but not be 194 |
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247 | | - | limited to, a review of the (1) district's charter provisions and 195 |
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248 | | - | recommendations for revisions to such provisions, and (2) feasibility, 196 |
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249 | | - | advantages and disadvantages of permitting members of the district's 197 |
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250 | | - | board of commissioners appointed from nonmember municipalities to 198 |
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251 | | - | vote with regard to the approval of rates for the use of water established 199 |
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252 | | - | by the water bureau appointed by such board. 200 |
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253 | | - | (b) The task force shall consist of the following members: 201 |
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254 | | - | (1) One appointed by the speaker of the House of Representatives, 202 |
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255 | | - | who is a member of the administrative staff of the Capitol Region 203 |
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256 | | - | Council of Governments; 204 |
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257 | | - | (2) One appointed by the president pro tempore of the Senate, who is 205 |
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258 | | - | a representative of an organization that advocates for environmental 206 |
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259 | | - | protection and conservation; 207 |
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260 | | - | (3) One appointed by the minority leader of the House of 208 |
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261 | | - | Representatives, who is an officer of an engineering or consulting firm 209 |
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262 | | - | involved in infrastructure improvements to the wastewater system of 210 |
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263 | | - | the Metropolitan District of Hartford County to achieve the goals of the 211 |
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264 | | - | federal Clean Water Act, 33 USC 1251 et seq.; 212 |
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265 | | - | Committee Bill No. 5888 |
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266 | | - | |
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267 | | - | |
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268 | | - | LCO No. 6080 8 of 10 |
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269 | | - | |
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270 | | - | (4) One appointed by the minority leader of the Senate, who is an 213 |
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271 | | - | officer of an investor-owned public water supply company operating in 214 |
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272 | | - | the state; 215 |
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273 | | - | (5) The Independent Consumer Advocate, selected pursuant to 216 |
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274 | | - | section 7-334a of the general statutes; 217 |
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275 | | - | (6) The Consumer Counsel, appointed pursuant to section 16-2a of 218 |
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276 | | - | the general statutes, or his or her designee; 219 |
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277 | | - | (7) The chairperson of the Public Utilities Regulatory Authority, 220 |
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278 | | - | elected pursuant to section 16-2 of the general statutes, or his or her 221 |
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279 | | - | designee; 222 |
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280 | | - | (8) One from the city of Hartford, appointed by the mayor thereof; 223 |
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281 | | - | (9) One from the city of East Hartford, appointed by the mayor 224 |
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282 | | - | thereof; 225 |
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283 | | - | (10) One from the town of Wethersfield, appointed by the town 226 |
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284 | | - | manager thereof; 227 |
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285 | | - | (11) One from the town of Newington, appointed by the town 228 |
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286 | | - | manager thereof; 229 |
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287 | | - | (12) One from the town of Windsor, appointed by the town manager 230 |
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288 | | - | thereof; 231 |
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289 | | - | (13) One from the town of West Hartford, appointed by the mayor 232 |
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290 | | - | thereof; 233 |
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291 | | - | (14) One from the town of Bloomfield, appointed by the town 234 |
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292 | | - | manager thereof; 235 |
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293 | | - | (15) One from the town of Rocky Hill, appointed by the town 236 |
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294 | | - | manager thereof; 237 |
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295 | | - | (16) One from the town of Glastonbury, appointed by the town 238 |
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296 | | - | Committee Bill No. 5888 |
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297 | | - | |
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298 | | - | |
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299 | | - | LCO No. 6080 9 of 10 |
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300 | | - | |
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301 | | - | manager thereof; 239 |
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302 | | - | (17) One from the town of East Granby, appointed by the first 240 |
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303 | | - | selectman thereof; 241 |
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304 | | - | (18) One from the town of South Windsor, appointed by the town 242 |
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305 | | - | manager thereof; and 243 |
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306 | | - | (19) One from the town of Farmington, appointed by the town 244 |
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307 | | - | manager thereof. 245 |
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308 | | - | (c) All initial appointments to the task force shall be made not later 246 |
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309 | | - | than thirty days after the effective date of this section. Any vacancy shall 247 |
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310 | | - | be filled by the appointing authority. 248 |
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311 | | - | (d) The Independent Consumer Advocate shall serve as chairperson 249 |
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312 | | - | of the task force and shall schedule the first meeting of the task force, 250 |
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313 | | - | which shall be held not later than sixty days after the effective date of 251 |
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314 | | - | this section. 252 |
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315 | | - | (e) The administrative staff of the joint standing committee of the 253 |
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316 | | - | General Assembly having cognizance of matters relating to planning 254 |
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317 | | - | and development shall serve as administrative staff of the task force. 255 |
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318 | | - | (f) Not later than January 1, 2025, the task force shall submit a report 256 |
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319 | | - | on its examination to the joint standing committee of the General 257 |
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320 | | - | Assembly having cognizance of matters relating to planning and 258 |
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321 | | - | development, in accordance with the provisions of section 11-4a of the 259 |
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322 | | - | general statutes. The task force shall terminate on the date that it 260 |
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323 | | - | submits such report or January 1, 2025, whichever is later. 261 |
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324 | | - | Sec. 7. (Effective July 1, 2023) Not later than January 1, 2025, the board 262 |
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325 | | - | of commissioners of the Metropolitan District of Hartford County shall 263 |
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326 | | - | adopt, administer and enforce the model code of ethics for 264 |
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327 | | - | municipalities and special districts developed by the State Ethics 265 |
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328 | | - | Commission, pursuant to public act 94-172, and as revised from time to 266 |
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329 | | - | time by the Office of State Ethics. 267 |
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330 | | - | Committee Bill No. 5888 |
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331 | | - | |
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332 | | - | |
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333 | | - | LCO No. 6080 10 of 10 |
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334 | | - | |
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335 | | - | This act shall take effect as follows and shall amend the following |
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336 | | - | sections: |
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337 | | - | |
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338 | | - | Section 1 July 1, 2023 Number 511 of the |
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339 | | - | special acts of 1929, Sec. |
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340 | | - | 8 |
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341 | | - | Sec. 2 July 1, 2023 SA 14-21, Sec. 8 |
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342 | | - | Sec. 3 July 1, 2023 SA 90-27, Sec. 4(a) |
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343 | | - | Sec. 4 July 1, 2023 2-90(c) |
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344 | | - | Sec. 5 July 1, 2023 7-391 |
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345 | | - | Sec. 6 July 1, 2023 New section |
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346 | | - | Sec. 7 July 1, 2023 New section |
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347 | | - | |
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| 23 | + | That the general statutes be amended to (1) require annual audits of 1 |
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| 24 | + | the Metropolitan District Commission by the Auditors of Public 2 |
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| 25 | + | Accounts, (2) establish a task force to examine the organization and 3 |
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| 26 | + | operation of the Metropolitan District Commission, (3) require the 4 |
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| 27 | + | board of commissioners of the Metropolitan District Commission to 5 |
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| 28 | + | adopt, administer and enforce a model code of ethics for municipalities 6 |
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| 29 | + | and special districts, and (4) permit commissioners from nonmember 7 |
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| 30 | + | municipalities to vote on water rates applicable to nonmember 8 |
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| 31 | + | municipalities. 9 |
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