4 | 5 | | |
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5 | 6 | | General Assembly Committee Bill No. 6534 |
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6 | 7 | | January Session, 2025 |
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7 | 8 | | LCO No. 6643 |
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8 | 9 | | |
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9 | 10 | | |
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10 | 11 | | Referred to Committee on PLANNING AND DEVELOPMENT |
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11 | 12 | | |
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12 | 13 | | |
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13 | 14 | | Introduced by: |
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14 | 15 | | (PD) |
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15 | 16 | | |
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16 | 17 | | |
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17 | 18 | | |
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18 | 19 | | AN ACT CONCERNING APPOINTMENTS TO MUNICIPAL HOUSING |
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19 | 20 | | AUTHORITIES. |
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20 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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21 | 22 | | Assembly convened: |
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22 | 23 | | |
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23 | 24 | | Section 1. Subsection (h) of section 8-39 of the general statutes is 1 |
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24 | 25 | | repealed and the following is substituted in lieu thereof (Effective October 2 |
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25 | 26 | | 1, 2025): 3 |
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26 | 27 | | (h) "Governing body" means [, for towns having a town council, the 4 |
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27 | 28 | | council; for other towns, the selectmen; for cities, the common council 5 |
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28 | 29 | | or other similar body of officials; and for boroughs, the warden and 6 |
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29 | 30 | | burgesses] the legislative body of the municipality, or the board of 7 |
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30 | 31 | | selectmen in a municipality where the legislative body is a town 8 |
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31 | 32 | | meeting. 9 |
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32 | 33 | | Sec. 2. Subsection (a) of section 8-41 of the general statutes is repealed 10 |
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33 | 34 | | and the following is substituted in lieu thereof (Effective October 1, 2025): 11 |
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34 | 35 | | (a) For purposes of this section, a "tenant of the authority" means a 12 |
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35 | 36 | | tenant who lives in housing owned or managed by a housing authority 13 |
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42 | 44 | | municipality [other than a town] adopts a resolution as described in 16 |
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43 | 45 | | section 8-40, [it shall promptly notify the chief executive officer of such 17 |
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44 | 46 | | adoption. Upon receiving such notice, the chief executive officer] such 18 |
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45 | 47 | | governing body shall appoint five persons who are residents of such 19 |
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46 | 48 | | municipality as commissioners of the authority. [, except that the chief 20 |
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47 | 49 | | executive officer] The governing body may appoint two additional 21 |
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48 | 50 | | persons who are residents of the municipality if (1) [the] such authority 22 |
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49 | 51 | | operates more than three thousand units, or (2) upon the appointment 23 |
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50 | 52 | | of a tenant commissioner pursuant to subsection (c) of this section, the 24 |
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51 | 53 | | additional appointments are necessary to achieve compliance with 24 25 |
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52 | 54 | | CFR 964.415 or section 9-167a. [If the governing body of a town adopts 26 |
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53 | 55 | | such a resolution, such body shall appoint five persons who are 27 |
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54 | 56 | | residents of such town as commissioners of the authority created for 28 |
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55 | 57 | | such town, except that such body may appoint two additional persons 29 |
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56 | 58 | | who are residents of the town if, upon the appointment of a tenant 30 |
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57 | 59 | | commissioner pursuant to subsection (c) of this section, the additional 31 |
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58 | 60 | | appointments are necessary to achieve compliance with 24 CFR 964.415 32 |
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59 | 61 | | or section 9-167a.] The commissioners who are first so appointed shall 33 |
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60 | 62 | | be designated to serve for a term of either one, two, three, four or five 34 |
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61 | 63 | | years, except that if the authority has five members, the terms of not 35 |
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62 | 64 | | more than one member shall expire in the same year. [Terms] The term 36 |
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63 | 65 | | of a commissioner shall commence on the first day of the month next 37 |
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64 | 66 | | succeeding the date of [their] the commissioner's appointment, and 38 |
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65 | 67 | | annually thereafter a commissioner shall be appointed to serve for five 39 |
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66 | 68 | | years, except that any vacancy [which may occur] that occurs because of 40 |
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67 | 69 | | a change of residence by a commissioner [,] or the removal, [of a 41 |
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68 | 70 | | commissioner,] resignation or death of a commissioner shall be filled for 42 |
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69 | 71 | | the unexpired portion of the term. If a governing body increases the 43 |
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70 | 72 | | membership of the authority, [on or after July 1, 1995,] such governing 44 |
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71 | 73 | | body shall, by resolution, provide for a term of five years for each such 45 |
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72 | 74 | | additional member. The term of the [chairman] chairperson shall be 46 |
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73 | 75 | | three years. At least one of such commissioners of an authority having 47 |
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74 | 76 | | five members, and at least two of such commissioners of an authority 48 |
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79 | 82 | | |
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80 | 83 | | authority selected pursuant to subsection (c) of this section. If, on or after 50 |
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81 | 84 | | October 1, 1979, a [municipality] governing body that has adopted a 51 |
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82 | 85 | | resolution as described in section 8-40 [, but] has no tenants serving as 52 |
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83 | 86 | | commissioners, [the chief executive officer of a municipality other than 53 |
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84 | 87 | | a town or] the governing body [of a town] shall appoint a tenant who 54 |
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85 | 88 | | meets the qualifications set out in this section as a commissioner of such 55 |
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86 | 89 | | authority when the next vacancy in the office of a commissioner occurs. 56 |
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87 | 90 | | No commissioner of an authority [may] shall hold any public office in 57 |
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88 | 91 | | the municipality for which the authority is created other than the office 58 |
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89 | 92 | | of a commissioner of the authority. A commissioner shall hold office 59 |
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90 | 93 | | until such commissioner's successor is appointed and has qualified. 60 |
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91 | 94 | | [Not later than January 1, 2024, each commissioner who is serving on 61 |
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92 | 95 | | said date and, thereafter, upon] Upon appointment, each newly 62 |
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93 | 96 | | appointed commissioner who is not a reappointed commissioner, shall 63 |
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94 | 97 | | participate in a training for housing authority commissioners provided 64 |
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95 | 98 | | by an industry-recognized training provider. A certificate of the 65 |
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96 | 99 | | appointment or reappointment of any commissioner shall be filed with 66 |
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97 | 100 | | the clerk [and] after said commissioner has taken an oath in the form 67 |
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98 | 101 | | prescribed in the first paragraph of section 1-25. Such certificate shall be 68 |
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99 | 102 | | conclusive evidence of the legal appointment of such commissioner. [, 69 |
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100 | 103 | | after said commissioner has taken an oath in the form prescribed in the 70 |
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101 | 104 | | first paragraph of section 1-25.] The powers of each authority shall be 71 |
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102 | 105 | | vested in the commissioners [thereof] of the authority. Three 72 |
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103 | 106 | | commissioners shall constitute a quorum if the authority consists of five 73 |
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104 | 107 | | commissioners. Four commissioners shall constitute a quorum if the 74 |
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105 | 108 | | authority consists of six or more [than five] commissioners. Action may 75 |
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106 | 109 | | be taken by the authority upon a vote of not less than a majority of the 76 |
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107 | 110 | | commissioners present unless the bylaws of the authority require a 77 |
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108 | 111 | | larger number. The [chief executive officer, or, in the case of an authority 78 |
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109 | 112 | | for a town, the] governing body of the [town,] municipality shall 79 |
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110 | 113 | | designate which of the commissioners shall be the first [chairman] 80 |
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111 | 114 | | chairperson, but when the office of [chairman] chairperson of the 81 |
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112 | 115 | | authority becomes vacant, the authority shall select a [chairman] 82 |
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113 | 116 | | chairperson from among its commissioners. An authority shall select 83 |
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119 | 123 | | The authority may employ a secretary, who shall be the executive 85 |
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120 | 124 | | director of the authority, and technical experts and such other officers, 86 |
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121 | 125 | | agents and employees, permanent and temporary, as [it] the authority 87 |
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122 | 126 | | requires. [, and] The authority shall determine [their] the qualifications, 88 |
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123 | 127 | | duties and compensation [, provided,] for such experts, officers, agents 89 |
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124 | 128 | | and employees, except that in municipalities having a civil service law, 90 |
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125 | 129 | | all appointments and promotions, except the employment of the 91 |
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126 | 130 | | secretary, shall be based on examinations given and lists prepared 92 |
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127 | 131 | | under such law, and, [except so far as may be] unless inconsistent with 93 |
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128 | 132 | | the terms of this chapter, such [civil service] law and regulations 94 |
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129 | 133 | | adopted thereunder shall apply to such housing authority and its 95 |
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130 | 134 | | personnel. For such legal services as it requires, an authority may 96 |
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131 | 135 | | employ its own legal counsel and legal staff. An authority may delegate 97 |
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132 | 136 | | any of its powers and duties to one or more of its agents or employees. 98 |
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133 | 137 | | A commissioner, or any employee of the authority who handles its 99 |
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134 | 138 | | funds, shall be required to furnish an adequate bond. The 100 |
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135 | 139 | | commissioners shall serve without compensation, but shall be entitled 101 |
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136 | 140 | | to reimbursement for their actual and necessary expenses incurred in 102 |
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137 | 141 | | the performance of [their] such commissioners' official duties. 103 |
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138 | 142 | | Sec. 3. Section 8-67 of the general statutes is repealed and the 104 |
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139 | 143 | | following is substituted in lieu thereof (Effective October 1, 2025): 105 |
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140 | 144 | | Any person injured in person or property within boundaries of 106 |
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141 | 145 | | property owned or controlled by an authority, for which injury such 107 |
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142 | 146 | | authority is or may be liable, may bring an action within two years after 108 |
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143 | 147 | | the cause of action therefor arose to recover damages from such 109 |
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144 | 148 | | authority, provided written notice of the intention to commence such 110 |
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145 | 149 | | action and of the time when and the place where the damages were 111 |
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146 | 150 | | incurred or sustained has been filed with the [chairman] chairperson or 112 |
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147 | 151 | | the secretary of the authority within six months after the cause of action 113 |
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148 | 152 | | therefor arose. 114 |
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