16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' |
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20 | 20 | | RECOMMENDATIONS FOR TECHNICAL REVISIONS TO STATUTES |
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21 | 21 | | RELATING TO PLANNING AND DEVELOPMENT. |
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22 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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23 | 23 | | Assembly convened: |
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24 | 24 | | |
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25 | 25 | | Section 1. Subsection (a) of section 4-124s of the general statutes is 1 |
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26 | 26 | | repealed and the following is substituted in lieu thereof (Effective July 1, 2 |
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27 | 27 | | 2025): 3 |
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28 | 28 | | (a) For purposes of this section: 4 |
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29 | 29 | | (1) "Regional council of governments" means any such council 5 |
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30 | 30 | | organized under the provisions of sections 4-124i to 4-124p, inclusive; 6 |
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31 | 31 | | (2) "Municipality" means a town, city or consolidated town and 7 |
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32 | 32 | | borough; 8 |
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33 | 33 | | (3) "Legislative body" means the board of selectmen, town council, 9 |
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34 | 34 | | city council, board of [alderman] aldermen, board of directors, board of 10 |
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41 | 43 | | Management or the designee of the secretary; 13 |
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42 | 44 | | (5) "Regional educational service center" has the same meaning as 14 |
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43 | 45 | | provided in section 10-282; and 15 |
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44 | 46 | | (6) "Employee organization" means any lawful association, labor 16 |
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45 | 47 | | organization, federation or council having as a primary purpose the 17 |
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46 | 48 | | improvement of wages, hours and other conditions of employment. 18 |
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47 | 49 | | Sec. 2. Section 7-339hh of the general statutes is repealed and the 19 |
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48 | 50 | | following is substituted in lieu thereof (Effective July 1, 2025): 20 |
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49 | 51 | | Costs authorized for payment from a district master plan fund, 21 |
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50 | 52 | | established pursuant to section 7-339gg, are limited to: 22 |
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51 | 53 | | (1) Costs of improvements made within the tax increment district, 23 |
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52 | 54 | | including, but not limited to, (A) capital costs, including, but not limited 24 |
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53 | 55 | | to, (i) the acquisition or construction of land, improvements, 25 |
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54 | 56 | | infrastructure, public ways, parks, buildings, structures, railings, street 26 |
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55 | 57 | | furniture, signs, landscaping, plantings, benches, trash receptacles, 27 |
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56 | 58 | | curbs, sidewalks, turnouts, recreational facilities, structured parking, 28 |
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57 | 59 | | transportation improvements, pedestrian improvements and other 29 |
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58 | 60 | | related improvements, fixtures and equipment for public use; [,] (ii) the 30 |
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59 | 61 | | acquisition or construction of land, improvements, infrastructure, 31 |
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60 | 62 | | buildings, structures, including facades and signage, fixtures and 32 |
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61 | 63 | | equipment for industrial, commercial, residential, mixed-use or retail 33 |
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62 | 64 | | use or transit-oriented development; [,] (iii) the demolition, alteration, 34 |
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63 | 65 | | remodeling, repair or reconstruction of existing buildings, structures 35 |
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64 | 66 | | and fixtures; (iv) environmental remediation; (v) site preparation and 36 |
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65 | 67 | | finishing work; and (vi) all fees and expenses associated with the capital 37 |
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66 | 68 | | cost of such improvements, including, but not limited to, licensing and 38 |
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67 | 69 | | permitting expenses and planning, engineering, architectural, testing, 39 |
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68 | 70 | | legal and accounting expenses; (B) financing costs, including, but not 40 |
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69 | 71 | | limited to, closing costs, issuance costs, reserve funds and capitalized 41 |
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70 | 72 | | interest; (C) real property assembly costs; (D) costs of technical and 42 |
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75 | 79 | | |
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76 | 80 | | including, but not limited to, licensing, architectural, planning, 44 |
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77 | 81 | | engineering, development and legal expenses; (F) maintenance and 45 |
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78 | 82 | | operation costs; (G) administrative costs, including, but not limited to, 46 |
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79 | 83 | | reasonable charges for the time spent by municipal employees, other 47 |
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80 | 84 | | agencies or third-party entities in connection with the implementation 48 |
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81 | 85 | | of a district master plan; and (H) organizational costs relating to the 49 |
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82 | 86 | | planning and the establishment of the tax increment district, including, 50 |
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83 | 87 | | but not limited to, the costs of conducting environmental impact and 51 |
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84 | 88 | | other studies and the costs of informing the public about the creation of 52 |
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85 | 89 | | tax increment districts and the implementation of the district master 53 |
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86 | 90 | | plan; 54 |
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87 | 91 | | (2) Costs of improvements that are made outside the tax increment 55 |
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88 | 92 | | district but are directly related to or are made necessary by the 56 |
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89 | 93 | | establishment or operation of the tax increment district, including, but 57 |
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90 | 94 | | not limited to, (A) that portion of the costs reasonably related to the 58 |
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91 | 95 | | construction, alteration or expansion of any facilities not located within 59 |
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92 | 96 | | the tax increment district that are required due to improvements or 60 |
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93 | 97 | | activities within the tax increment district, including, but not limited to, 61 |
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94 | 98 | | roadways, traffic signalization, easements, sewage treatment plants, 62 |
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95 | 99 | | water treatment plants or other environmental protection devices, storm 63 |
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96 | 100 | | or sanitary sewer lines, water lines, electrical lines, improvements to fire 64 |
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97 | 101 | | stations, and street signs; (B) costs of public safety and public school 65 |
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98 | 102 | | improvements made necessary by the establishment of the tax 66 |
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99 | 103 | | increment district; and (C) costs of funding to mitigate any adverse 67 |
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100 | 104 | | impact of the tax increment district upon the municipality and its 68 |
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101 | 105 | | constituents; 69 |
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102 | 106 | | (3) Costs related to economic development, environmental 70 |
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103 | 107 | | improvements or employment training associated with the tax 71 |
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104 | 108 | | increment district, including, but not limited to, (A) economic 72 |
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105 | 109 | | development programs or events related to the tax increment district; 73 |
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106 | 110 | | (B) environmental improvement projects developed by the municipality 74 |
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107 | 111 | | related to the tax increment district; (C) the establishment of permanent 75 |
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108 | 112 | | economic development revolving loan funds, investment funds and 76 |
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114 | 120 | | development and training, including scholarships to in -state 78 |
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115 | 121 | | educational institutions for jobs created or retained in the tax increment 79 |
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116 | 122 | | district; and 80 |
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117 | 123 | | (4) Costs of improvements that are made outside the tax increment 81 |
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118 | 124 | | district for the renovation or rehabilitation of a housing development 82 |
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119 | 125 | | that is a set-aside development, as defined in subsection (a) of section 8-83 |
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120 | 126 | | 30g, for which development the deed covenants or restrictions that 84 |
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121 | 127 | | preserve such development as a set-aside development will expire in 85 |
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122 | 128 | | not more than three years, provided the costs of such improvements are 86 |
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123 | 129 | | paid pursuant to an agreement between the municipality and the owner 87 |
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124 | 130 | | of such development in which the owner agrees to renew such deed 88 |
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125 | 131 | | covenants or restrictions for not less than forty years. 89 |
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126 | 132 | | Sec. 3. Section 7-393 of the general statutes is repealed and the 90 |
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127 | 133 | | following is substituted in lieu thereof (Effective July 1, 2025): 91 |
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128 | 134 | | Upon the completion of an audit, the independent auditor shall file 92 |
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129 | 135 | | certified copies of the audit report [with] (1) with the appointing 93 |
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130 | 136 | | authority, (2) in the case of a town, city or borough, with the clerk of 94 |
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131 | 137 | | such town, city or borough, (3) in the case of a regional school district, 95 |
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132 | 138 | | with the clerks of the towns, cities or boroughs in which such regional 96 |
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133 | 139 | | school district is located and with the board of education, (4) in the case 97 |
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134 | 140 | | of an audited agency, with the clerks of the towns, cities or boroughs in 98 |
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135 | 141 | | which such audited agency is located, and (5) in each case, with the 99 |
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136 | 142 | | Secretary of the Office of Policy and Management. Such copies shall be 100 |
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137 | 143 | | filed within six months from the end of the fiscal year of the 101 |
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138 | 144 | | municipality, regional school district or audited agency, but the 102 |
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139 | 145 | | secretary may grant an extension of not more than thirty days, provided 103 |
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140 | 146 | | the auditor making the audit and the chief executive officer of the 104 |
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141 | 147 | | municipality, regional school district or audited agency shall jointly 105 |
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142 | 148 | | submit a request in writing to the secretary stating the reasons for such 106 |
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143 | 149 | | extension at least thirty days prior to the end of such six-month period. 107 |
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144 | 150 | | If the reason for the extension relates to deficiencies in the accounting 108 |
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151 | 159 | | secretary may, after a hearing with the auditor and officials of the 111 |
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152 | 160 | | municipality, regional school district or audited agency, grant an 112 |
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153 | 161 | | additional extension if conditions warrant, provided such extension 113 |
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154 | 162 | | shall not exceed six months from the date the auditor was required to 114 |
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155 | 163 | | file such copies. Said auditor shall preserve all of his or her working 115 |
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156 | 164 | | papers employed in the preparation of any such audit until the 116 |
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157 | 165 | | expiration of five years from the date of filing a certified copy of the 117 |
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158 | 166 | | audit with the secretary and such working papers shall be available, 118 |
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159 | 167 | | upon written request and upon reasonable notice from the secretary, 119 |
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160 | 168 | | during such time for inspection by the secretary or his authorized 120 |
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161 | 169 | | representative, at the office or place of business of the auditor, during 121 |
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162 | 170 | | usual business hours. Any municipality, regional school district, 122 |
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163 | 171 | | audited agency or auditor who fails to have the audit report filed on its 123 |
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164 | 172 | | behalf within six months from the end of the fiscal year or within the 124 |
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165 | 173 | | time granted by the secretary shall be referred by the secretary to the 125 |
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166 | 174 | | Municipal Finance Advisory Commission established pursuant to 126 |
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167 | 175 | | section 7-394b, assessed a civil penalty of not less than one thousand 127 |
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168 | 176 | | dollars but not more than fifty thousand dollars or both, except that the 128 |
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169 | 177 | | secretary may waive such penalties if, in the secretary's opinion, there 129 |
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170 | 178 | | appears to be reasonable cause for not having completed or provided 130 |
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171 | 179 | | the required audit report, provided an official of the municipality, 131 |
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172 | 180 | | regional school district or audited agency or the auditor submits a 132 |
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173 | 181 | | written request for such waiver. The secretary may impose any civil 133 |
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174 | 182 | | penalty assessed pursuant to this section against a municipality, 134 |
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175 | 183 | | regional school district or audited agency in the form of a reduction in 135 |
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176 | 184 | | the amount of one or more grants awarded by the secretary, including, 136 |
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177 | 185 | | but not limited to, any grant payable pursuant to section 12-18b. 137 |
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178 | 186 | | Sec. 4. Subdivision (2) of subsection (a) of section 7-576e of the general 138 |
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179 | 187 | | statutes is repealed and the following is substituted in lieu thereof 139 |
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180 | 188 | | (Effective July 1, 2025): 140 |
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181 | 189 | | (2) The Municipal Accountability Review Board may designate a tier 141 |
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189 | 199 | | balance in the municipal reserve fund; (B) the short and long-term 145 |
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190 | 200 | | liabilities of the municipality, including, but not limited to, the 146 |
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191 | 201 | | municipality's ability to meet minimum funding levels required by law, 147 |
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192 | 202 | | contract or court order; (C) the initial budgeted revenue for the 148 |
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193 | 203 | | municipality for the past five fiscal years as compared to the actual 149 |
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194 | 204 | | revenue received by the municipality for such fiscal years; (D) budget 150 |
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195 | 205 | | projections for the following five fiscal years; (E) the economic outlook 151 |
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196 | 206 | | for the municipality; (F) the municipality's access to capital markets; and 152 |
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197 | 207 | | (G) evidence of unsound or irregular financial practices in relation to 153 |
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198 | 208 | | commonly accepted standards in municipal finance that the board 154 |
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199 | 209 | | believes may materially affect the municipality's financial condition. For 155 |
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200 | 210 | | the purpose of determining whether to make a finding pursuant to this 156 |
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201 | 211 | | subdivision, the membership of the board shall additionally include the 157 |
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202 | 212 | | chief elected official of such municipality, the treasurer of such 158 |
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203 | 213 | | municipality and a member of the legislative body of such municipality, 159 |
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204 | 214 | | as selected by such body. In conducting a vote on any such 160 |
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205 | 215 | | determination, the treasurer of such municipality shall be a [non-voting] 161 |
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206 | 216 | | nonvoting member of the board. The board shall submit such finding 162 |
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207 | 217 | | and recommended designation to the secretary, who shall provide for a 163 |
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208 | 218 | | thirty-day notice and public comment period related to such finding 164 |
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209 | 219 | | and recommendation. Following the public notice and comment period, 165 |
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210 | 220 | | the secretary shall forward the board's finding and recommended 166 |
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211 | 221 | | designation and a report regarding the comments received in this regard 167 |
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212 | 222 | | to the Governor. Following the receipt of such documentation from the 168 |
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213 | 223 | | secretary, the Governor may approve or disapprove the board's 169 |
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214 | 224 | | recommended designation. 170 |
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215 | 225 | | Sec. 5. Section 7-576i of the general statutes is repealed and the 171 |
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216 | 226 | | following is substituted in lieu thereof (Effective July 1, 2025): 172 |
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217 | 227 | | (a) Any designated tier II, III [,] or IV municipality shall be eligible to 173 |
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218 | 228 | | receive funding from the Municipal Restructuring Fund, which fund 174 |
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227 | 239 | | Notwithstanding section 10-262j, a municipality may, as part of such 179 |
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228 | 240 | | plan and in consultation with its local board of education, submit a 180 |
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229 | 241 | | proposed reduction in the minimum budget requirement related to its 181 |
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230 | 242 | | education budget. The secretary shall consult with the Commissioner of 182 |
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231 | 243 | | Education in approving or rejecting such proposed reduction. The 183 |
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232 | 244 | | secretary shall consult with the Municipal Accountability Review Board 184 |
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233 | 245 | | in making distribution decisions and attaching appropriate conditions 185 |
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234 | 246 | | thereto, including the timing of any such distributions and whether such 186 |
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235 | 247 | | funds shall be distributed in the form of a municipal restructuring fund 187 |
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236 | 248 | | loan subject to repayment by the municipality. The distribution of such 188 |
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237 | 249 | | assistance funds shall be based on the relative fiscal needs of the 189 |
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238 | 250 | | requesting municipalities. The secretary may approve all, none or a 190 |
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239 | 251 | | portion of the funds requested by a municipality. In attaching 191 |
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240 | 252 | | conditions to such funding, the secretary shall consider the impact of 192 |
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241 | 253 | | such conditions on the ability of a municipality to meet legal and other 193 |
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242 | 254 | | obligations. The board shall monitor and report to the secretary on the 194 |
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243 | 255 | | use of such funds and adherence to the conditions attached thereto. The 195 |
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244 | 256 | | secretary shall develop and issue guidance on the (1) administration of 196 |
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245 | 257 | | the Municipal Restructuring Fund, (2) criteria for participation by 197 |
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246 | 258 | | municipalities and requirements for plan submission, and (3) 198 |
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247 | 259 | | prioritization for the awarding of assistance funds pursuant to this 199 |
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248 | 260 | | section. Any municipality that receives funding from the Municipal 200 |
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249 | 261 | | Restructuring Fund, in addition to the other responsibilities and 201 |
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250 | 262 | | authority given to the board with respect to designated tiers II, III and 202 |
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251 | 263 | | IV municipalities, shall be required to receive board approval of its 203 |
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252 | 264 | | annual budgets. 204 |
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253 | 265 | | (b) The secretary may distribute funds from the Municipal 205 |
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254 | 266 | | Restructuring Fund to a third party on behalf of a designated tier II, tier 206 |
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255 | 267 | | III or tier IV municipality. Funds received by a municipality pursuant to 207 |
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265 | 279 | | default on debt obligations by January 1, 2018, without an immediate 213 |
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266 | 280 | | distribution of such funds. 214 |
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267 | 281 | | Sec. 6. Subdivision (3) of subsection (c) of section 7-622 of the general 215 |
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268 | 282 | | statutes is repealed and the following is substituted in lieu thereof 216 |
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269 | 283 | | (Effective July 1, 2025): 217 |
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270 | 284 | | (3) If the administrator determines that an applicant requesting 218 |
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271 | 285 | | assistance to pay for repairs to real property is eligible, (A) a licensed 219 |
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272 | 286 | | home inspector or insurance adjuster with whom the Office of the 220 |
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273 | 287 | | Comptroller has executed a contract for services, or (B) at such eligible 221 |
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274 | 288 | | applicant's option, a licensed home inspector or insurance adjuster with 222 |
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275 | 289 | | experience assessing flood damage who is approved by the 223 |
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276 | 290 | | administrator and hired by such eligible applicant, shall evaluate the 224 |
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277 | 291 | | damage to the applicant's property and provide a report concerning 225 |
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278 | 292 | | such damage to the administrator. Such report shall be in a form and 226 |
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279 | 293 | | manner prescribed by the administrator, and shall include, but need not 227 |
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280 | 294 | | be limited to, a description of the damage to such eligible applicant's 228 |
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281 | 295 | | property and the estimated cost to repair such damage. Not later than 229 |
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282 | 296 | | thirty days after the receipt of such report, the administrator may award 230 |
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283 | 297 | | a grant, in accordance with a formula established by the Comptroller, to 231 |
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284 | 298 | | the eligible applicant, or at the administrator's discretion, provide such 232 |
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285 | 299 | | grant to a contractor or vendor selected by the applicant to repair such 233 |
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286 | 300 | | damage. Such formula shall include a reduction in the amount of any 234 |
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287 | 301 | | such grant equal to any payments received by the applicant pursuant to 235 |
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288 | 302 | | any claim made against a property and casualty insurance policy held 236 |
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289 | 303 | | by such applicant for such damage. 237 |
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290 | 304 | | Sec. 7. Subsection (b) of section 8-216a of the general statutes is 238 |
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301 | 317 | | Sec. 8. Subsection (a) of section 12-170d of the general statutes is 245 |
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302 | 318 | | repealed and the following is substituted in lieu thereof (Effective July 1, 246 |
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303 | 319 | | 2025): 247 |
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304 | 320 | | (a) Beginning with the calendar year 1973 and for each calendar year 248 |
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305 | 321 | | thereafter, any renter of real property, or of a mobile manufactured 249 |
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306 | 322 | | home, as defined in section 12-63a, which such renter occupies as his or 250 |
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307 | 323 | | her home, who meets the qualifications set forth in this section, shall be 251 |
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308 | 324 | | entitled to receive in the following year in the form of direct payment 252 |
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309 | 325 | | from the state, a grant in refund of utility and rent bills actually paid by 253 |
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310 | 326 | | or for such renter on such real property or mobile manufactured home 254 |
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311 | 327 | | to the extent set forth in section 12-170e. Such grant by the state shall be 255 |
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312 | 328 | | made upon receipt by the state of a certificate of grant with a copy of the 256 |
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313 | 329 | | application therefor attached, as provided in section 12-170f. If the rental 257 |
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314 | 330 | | quarters are occupied by more than one person, it shall be assumed for 258 |
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315 | 331 | | the purposes of this section and sections 12-170e and 12-170f that each 259 |
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316 | 332 | | of such persons pays his or her proportionate share of the rental and 260 |
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317 | 333 | | utility expenses levied thereon and grants shall be calculated on that 261 |
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318 | 334 | | portion of utility and rent bills paid that are applicable to the person 262 |
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319 | 335 | | making application for grant under said sections. For purposes of this 263 |
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320 | 336 | | section and sections 12-170e and 12-170f, a married couple shall 264 |
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321 | 337 | | constitute one tenant, and a resident of cooperative housing shall be a 265 |
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322 | 338 | | renter. To qualify for such payment by the state, the renter shall meet 266 |
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323 | 339 | | qualification requirements in accordance with each of the following 267 |
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324 | 340 | | subdivisions: (1) (A) At the close of the calendar year for which a grant 268 |
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325 | 341 | | is claimed be sixty-five years of age or over, or his or her spouse who is 269 |
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326 | 342 | | residing with such renter shall be sixty-five years of age or over, at the 270 |
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339 | 357 | | Security and accordingly has not qualified for Social Security benefits 279 |
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340 | 358 | | but has become qualified for permanent total disability benefits under 280 |
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341 | 359 | | any federal, state or local government retirement or disability plan, 281 |
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342 | 360 | | including the Railroad Retirement Act and any government-related 282 |
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343 | 361 | | teacher's retirement plan, determined by the Secretary of the Office of 283 |
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344 | 362 | | Policy and Management to contain requirements in respect to 284 |
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345 | 363 | | qualification for such permanent total disability benefits which are 285 |
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346 | 364 | | comparable to such requirements under Social Security; (2) shall reside 286 |
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347 | 365 | | within this state and shall have resided within this state for at least one 287 |
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348 | 366 | | year or such renter's spouse who is domiciled with such renter shall 288 |
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349 | 367 | | have resided within this state for at least one year and shall reside within 289 |
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350 | 368 | | this state at the time of filing the claim and shall have resided within this 290 |
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351 | 369 | | state for the period for which claim is made; (3) shall have taxable and 291 |
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352 | 370 | | nontaxable income, the total of which shall hereinafter be called 292 |
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353 | 371 | | "qualifying income", during the calendar year preceding the filing of 293 |
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354 | 372 | | such renter's claim in an amount of not more than twenty thousand 294 |
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355 | 373 | | dollars, jointly with spouse, if married, and not more than sixteen 295 |
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356 | 374 | | thousand two hundred dollars if unmarried, provided such maximum 296 |
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357 | 375 | | amounts of qualifying income shall be subject to adjustment in 297 |
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358 | 376 | | accordance with subdivision (2) of subsection (a) of section 12-170e, and 298 |
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359 | 377 | | provided the amount of any Medicaid payments made on behalf of the 299 |
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360 | 378 | | renter or the spouse of the renter shall not constitute income; and (4) 300 |
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361 | 379 | | shall not have received financial aid or subsidy from federal, state, 301 |
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362 | 380 | | county or municipal funds, excluding Social Security receipts, 302 |
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363 | 381 | | emergency energy assistance under any state program, emergency 303 |
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364 | 382 | | energy assistance under any federal program, emergency energy 304 |
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365 | 389 | | assistance under any local program, payments received under the 305 |
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366 | 390 | | federal Supplemental Security Income Program, payments derived 306 |
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367 | 391 | | from previous employment, veterans and veterans disability benefits 307 |
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368 | 392 | | and subsidized housing accommodations, during the calendar year for 308 |
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369 | 393 | | which a grant is claimed, for payment, directly or indirectly, of rent, 309 |
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370 | 394 | | electricity, gas, water and fuel applicable to the rented residence. 310 |
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371 | 395 | | Notwithstanding the provisions of subdivision (4) of this subsection, a 311 |
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372 | 396 | | renter who receives cash assistance from the Department of Social 312 |
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378 | 398 | | application for a grant may be entitled to receive such grant provided 314 |
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379 | 399 | | the amount of the cash assistance received shall be deducted from the 315 |
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380 | 400 | | amount of such grant and the difference between the amount of the cash 316 |
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381 | 401 | | assistance and the amount of the grant is equal to or greater than ten 317 |
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382 | 402 | | dollars. Funds attributable to such reductions shall be transferred 318 |
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383 | 403 | | annually from the appropriation to the Office of Policy and 319 |
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384 | 404 | | Management, for tax relief for elderly renters, to the Department of 320 |
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385 | 405 | | Social Services, to the appropriate accounts, following the issuance of 321 |
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386 | 406 | | such grants. Notwithstanding the provisions of subsection (b) of section 322 |
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387 | 407 | | 12-170aa, the owner of a mobile manufactured home may elect to 323 |
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388 | 408 | | receive benefits under section 12-170e in lieu of benefits under said 324 |
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389 | 409 | | section 12-170aa. 325 |
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390 | 410 | | This act shall take effect as follows and shall amend the following |
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391 | 411 | | sections: |
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392 | 412 | | |
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393 | 413 | | Section 1 July 1, 2025 4-124s(a) |
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394 | 414 | | Sec. 2 July 1, 2025 7-339hh |
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395 | 415 | | Sec. 3 July 1, 2025 7-393 |
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396 | 416 | | Sec. 4 July 1, 2025 7-576e(a)(2) |
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397 | 417 | | Sec. 5 July 1, 2025 7-576i |
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398 | 418 | | Sec. 6 July 1, 2025 7-622(c)(3) |
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399 | 419 | | Sec. 7 July 1, 2025 8-216a(b) |
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400 | 420 | | Sec. 8 July 1, 2025 12-170d(a) |
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401 | 421 | | |
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