Connecticut 2025 Regular Session

Connecticut House Bill HB07125 Compare Versions

Version 1 (Old)

Version 2 (New)

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5	5		General Assembly Substitute Bill No. 7125
6	6		January Session, 2025
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9	9
10	10		AN ACT CONCERNING REFERENDA ON REVISIONS TO MUNICIPAL
11	11		CHARTERS AND HOME RULE ORDINANCES.
12	12		Be it enacted by the Senate and House of Representatives in General
13	13		Assembly convened:
14	14
15	15		Section 1. (NEW) (Effective July 1, 2025) (a) Whenever by law it is 1
16	16		provided that a proposed charter amendment or home rule ordinance 2
17	17		amendment may be submitted to a vote of the electors of a municipality 3
18	18		pursuant to section 7-191 of the general statutes, as amended by this act, 4
19	19		or to any special act, charter or ordinance, the provisions of this section 5
20	20		shall apply in addition to all other applicable provisions of chapter 152 6
21	21		of the general statutes. 7
22	22		(b) (1) The designation of a proposed charter amendment or home 8
23	23		rule ordinance amendment on the ballot, or of each item within such 9
24	24		amendment that is separately presented on the ballot in accordance with 10
25	25		the provisions of subdivision (2) of this subsection, shall be "Shall (here 11
26	26		insert the question, in a form requiring a "Yes" or "No" response, 12
27	27		followed by a question mark)" and, unless such question as presented 13
28	28		adequately explains the proposed change or changes, shall include a 14
29	29		precise and fair explanation of such proposed change or changes that 15
30	30		shall not advocate either the approval or disapproval of such 16
31	31		amendment. Such question and any such explanation shall be presented 17
32	32		on the ballot using simple, precise, clear, unambiguous and plain 18
33	33		language. 19 Substitute Bill No. 7125
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36	36		LCO 2 of 6
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38	38		(2) Whenever a proposed charter amendment or home rule ordinance 20
39	39		amendment contains any of the following items, each such item shall be 21
40	40		separately presented on the ballot so as to be approved or disapproved, 22
41	41		as the case may be, individually by the electors of the municipality: 23
42	42		(A) Any change in the manner by which the legislative or governing 24
43	43		body of the municipality is elected; 25
44	44		(B) Any change in whether officials of the municipality are elected or 26
45	45		appointed, or in the terms of office of such officials, with specific 27
46	46		reference to each office affected by any such change, except that the 28
47	47		same such change being proposed across multiple offices may be 29
48	48		presented as a single item; 30
49	49		(C) Any change that imposes, repeals or alters a residency 31
50	50		requirement for the head of any municipal department, with specific 32
51	51		reference to each position affected by any such change, except that the 33
52	52		same such change being proposed across multiple positions may be 34
53	53		presented as a single item; 35
54	54		(D) The creation or elimination of any municipal board or 36
55	55		commission, with specific reference to each such board or commission, 37
56	56		and a description of the scope of authority for any such board or 38
57	57		commission being so created; and 39
58	58		(E) Any change regarding the provision of public notice for public 40
59	59		hearings that relate to the municipal budget process. 41
60	60		(c) Any municipality may provide for the preparation, printing and 42
61	61		dissemination of concise summaries of arguments in favor of, and 43
62	62		arguments opposed to, a proposed charter amendment or home rule 44
63	63		ordinance amendment, which summaries shall otherwise comply with 45
64	64		the provisions of subsection (c) of section 9-369b of the general statutes, 46
65	65		as amended by this act. 47
66	66		Sec. 2. Subsection (f) of section 7-191 of the general statutes is repealed 48
67	67		and the following is substituted in lieu thereof (Effective July 1, 2025): 49 Substitute Bill No. 7125
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70	70		LCO 3 of 6
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72	72		(f) The proposed charter, charter amendments or home rule 50
73	73		ordinance amendments shall be prepared for the ballot by the 51
74	74		appointing authority and may be submitted in the form of one or several 52
75	75		questions in accordance with the provisions of section 1 of this act; and, 53
76	76		if approved by a majority of the electors of the municipality voting 54
77	77		thereon at a regular election or if approved by a majority which number 55
78	78		equals at least fifteen per cent of the electors of the municipality as 56
79	79		determined by the last-completed active registry list of such 57
80	80		municipality at a special election, such proposed charter, charter 58
81	81		amendments or home rule ordinance amendments shall become 59
82	82		effective thirty days after such approval unless an effective date or dates 60
83	83		are specified therein, in which event the date or dates specified shall 61
84	84		prevail. For the purposes of any complaint brought under section 9-371b 62
85	85		by any person claiming to have been aggrieved by any ruling of any 63
86	86		election official in connection with a referendum held on a charter 64
87	87		amendment or home rule ordinance amendment, "election official" 65
88	88		includes the appointing authority preparing such amendment for the 66
89	89		ballot pursuant to this subsection and "ruling" includes such 67
90	90		preparation. 68
91	91		Sec. 3. Section 9-369 of the general statutes is repealed and the 69
92	92		following is substituted in lieu thereof (Effective July 1, 2025): 70
93	93		Whenever at any regular or special state or municipal election any 71
94	94		vote for approval or disapproval of any constitutional amendment or 72
95	95		any question or proposal is taken pursuant to the Constitution, the 73
96	96		general statutes or any special act, unless otherwise provided, such 74
97	97		election shall be warned and held, the vote on such amendment, 75
98	98		question or proposal cast and canvassed and the result determined and 76
99	99		certified as nearly as may be in accordance with the provisions 77
100	100		governing the election of officers in the state or in such municipality. 78
101	101		The warning for such election shall state that a purpose of such election 79
102	102		is to vote for the approval or disapproval of such amendment, question 80
103	103		or proposal and shall state the section of the Constitution or of the 81
104	104		general statutes or the special act under authority of which such vote is 82
105	105		taken. The vote on such amendment, question or proposal shall be taken 83 Substitute Bill No. 7125
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108	108		LCO 4 of 6
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110	110		by a "Yes" and "No" vote on the voting tabulator. [, and the] Except as 84
111	111		provided in section 1 of this act for a proposed charter amendment or 85
112	112		home rule ordinance amendment, the designation of such constitutional 86
113	113		amendment, or of such question or proposal, on the ballot shall be "Shall 87
114	114		(here insert the question or proposal, followed by a question mark)". 88
115	115		Such ballot shall be provided for use in accordance with the provisions 89
116	116		of section 9-250. The municipal clerk shall number on the ballot the 90
117	117		questions to be voted upon according to the order in which they will 91
118	118		appear thereon, provided amendments to the Constitution shall be 92
119	119		numbered by the Secretary of the State in numerical order based upon 93
120	120		the dates on which resolutions proposing such amendments were 94
121	121		passed, precedence being given to the earliest passed unless otherwise 95
122	122		provided by the resolutions proposing such amendments. Each elector 96
123	123		shall vote "Yes" if in favor of the amendment, question or proposal or 97
124	124		"No" if not in favor thereof. If, upon the official determination of the 98
125	125		result of such vote, it appears that a majority of all the votes so cast are 99
126	126		in approval of such amendment, question or proposal, such 100
127	127		amendment, question or proposal shall, unless otherwise provided, take 101
128	128		effect forthwith. 102
129	129		Sec. 4. Subsection (b) of section 9-369a of the general statutes is 103
130	130		repealed and the following is substituted in lieu thereof (Effective July 1, 104
131	131		2025): 105
132	132		(b) When the clerk of the municipality determines that the necessary 106
133	133		action has been taken for submission of the question, [he] the clerk shall, 107
134	134		at least forty-five days prior to the election, file in the office of the 108
135	135		Secretary of the State a statement setting forth the designation of the 109
136	136		question as it is to appear on the ballot at the election, the date upon 110
137	137		which the submitting action was taken and the reference to the law 111
138	138		under which the action was taken. [Such] Except for a proposed charter 112
139	139		amendment or home rule ordinance amendment under section 1 of this 113
140	140		act, such designation shall be in the form of a question [,] as provided in 114
141	141		section 9-369, as amended by this act. Whenever it is specifically 115
142	142		provided in the general statutes that any such question may be 116
143	143		approved for such submission within the period of forty-five days prior 117 Substitute Bill No. 7125
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146	146		LCO 5 of 6
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148	148		to such an election, and action is taken to submit a question within such 118
149	149		period, the clerk of the municipality shall file the statement required by 119
150	150		this subsection with the Secretary of the State immediately upon the 120
151	151		taking of such action. 121
152	152		Sec. 5. Subsection (c) of section 9-369b of the general statutes is 122
153	153		repealed and the following is substituted in lieu thereof (Effective July 1, 123
154	154		2025): 124
155	155		(c) [Any] Except for a proposed charter amendment or home rule 125
156	156		ordinance amendment under section 1 of this act, any municipality may 126
157	157		provide, by ordinance, for the preparation, printing and dissemination 127
158	158		of concise summaries of arguments in favor of, and arguments opposed 128
159	159		to, local proposals or questions approved for submission to the electors 129
160	160		of a municipality at a referendum for which explanatory texts are 130
161	161		prepared under subsection (a) of this section. Any such ordinance shall 131
162	162		provide for the establishment or designation of a committee to prepare 132
163	163		such summaries, in accordance with procedures set forth in said 133
164	164		ordinance. The members of said committee shall be representatives of 134
165	165		various viewpoints concerning such local proposals or questions. The 135
166	166		committee shall provide an opportunity for public comment on such 136
167	167		summaries to the extent practicable. Such summaries shall be approved 137
168	168		by vote of the legislative body of the municipality, or any other 138
169	169		municipal body designated by the ordinance, and shall be posted and 139
170	170		distributed in the same manner as explanatory texts under subsection 140
171	171		(a) of this section. Each summary shall contain language clearly stating 141
172	172		that the printing of the summary does not constitute an endorsement by 142
173	173		or represent the official position of the municipality. 143
174	174		This act shall take effect as follows and shall amend the following
175	175		sections:
176	176
177	177		Section 1 July 1, 2025 New section
178	178		Sec. 2 July 1, 2025 7-191(f)
179	179		Sec. 3 July 1, 2025 9-369
180	180		Sec. 4 July 1, 2025 9-369a(b)
181	181		Sec. 5 July 1, 2025 9-369b(c) Substitute Bill No. 7125
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184	184		LCO 6 of 6
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	187	+	Statement of Legislative Commissioners:
	188	+	In Section 4(b), the second sentence was rewritten for consistency with
	189	+	standard drafting conventions; and in Section 5(c), the first sentence was
	190	+	rewritten for consistency with standard drafting conventions.
187	191
188	192		GAE Joint Favorable Subst. -LCO
189		-	PD Joint Favorable
190	193