1 | 1 | | |
---|
2 | 2 | | |
---|
3 | 3 | | LCO No. 5748 1 of 28 |
---|
4 | 4 | | |
---|
5 | 5 | | General Assembly Raised Bill No. 7154 |
---|
6 | 6 | | January Session, 2025 |
---|
7 | 7 | | LCO No. 5748 |
---|
8 | 8 | | |
---|
9 | 9 | | |
---|
10 | 10 | | Referred to Committee on PLANNING AND DEVELOPMENT |
---|
11 | 11 | | |
---|
12 | 12 | | |
---|
13 | 13 | | Introduced by: |
---|
14 | 14 | | (PD) |
---|
15 | 15 | | |
---|
16 | 16 | | |
---|
17 | 17 | | |
---|
18 | 18 | | |
---|
19 | 19 | | AN ACT CONCERNING REVISIONS TO STATUTES RELATING TO |
---|
20 | 20 | | MUNICIPAL TAX COLLECTION. |
---|
21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
---|
22 | 22 | | Assembly convened: |
---|
23 | 23 | | |
---|
24 | 24 | | Section 1. Subsection (a) of section 7-254 of the general statutes is 1 |
---|
25 | 25 | | repealed and the following is substituted in lieu thereof (Effective October 2 |
---|
26 | 26 | | 1, 2025, and applicable to assessment years commencing on or after October 1, 3 |
---|
27 | 27 | | 2025): 4 |
---|
28 | 28 | | (a) Any assessment of benefits or any installment thereof, not paid 5 |
---|
29 | 29 | | within thirty days after the due date or such time as is fixed by the water 6 |
---|
30 | 30 | | pollution control authority, shall be delinquent and shall be subject to 7 |
---|
31 | 31 | | interest from such due date at the interest rate and in the manner 8 |
---|
32 | 32 | | provided by the general statutes for delinquent property taxes. Each 9 |
---|
33 | 33 | | addition of interest shall be collectible as a part of such assessment. 10 |
---|
34 | 34 | | Sec. 2. Subsection (a) of section 7-258 of the general statutes is 11 |
---|
35 | 35 | | repealed and the following is substituted in lieu thereof (Effective October 12 |
---|
36 | 36 | | 1, 2025, and applicable to assessment years commencing on or after October 1, 13 |
---|
37 | 37 | | 2025): 14 |
---|
38 | 38 | | Raised Bill No. 7154 |
---|
39 | 39 | | |
---|
40 | 40 | | |
---|
41 | 41 | | |
---|
42 | 42 | | LCO No. 5748 2 of 28 |
---|
43 | 43 | | |
---|
44 | 44 | | (a) Any charge for connection with or for the use of a sewerage 15 |
---|
45 | 45 | | system, not paid within thirty days of the due date or such time as is 16 |
---|
46 | 46 | | fixed by the water pollution control authority, shall thereupon be 17 |
---|
47 | 47 | | delinquent and shall bear interest from the due date at the rate and in 18 |
---|
48 | 48 | | the manner provided by the general statutes for delinquent property 19 |
---|
49 | 49 | | taxes. Each addition of interest shall be collectible as a part of such 20 |
---|
50 | 50 | | connection or use charge. Any such unpaid connection or use charge 21 |
---|
51 | 51 | | shall constitute a lien upon the real estate against which such charge was 22 |
---|
52 | 52 | | levied from the date it became delinquent. Each such lien may be 23 |
---|
53 | 53 | | continued, recorded and released in the manner provided by the general 24 |
---|
54 | 54 | | statutes for continuing, recording and releasing property tax liens. Each 25 |
---|
55 | 55 | | such lien shall take precedence over all other liens and encumbrances 26 |
---|
56 | 56 | | except taxes and may be foreclosed in the same manner as a lien for 27 |
---|
57 | 57 | | property taxes. The municipality may by ordinance designate the tax 28 |
---|
58 | 58 | | collector or any other person as collector of sewerage system connection 29 |
---|
59 | 59 | | and use charges and such collector of sewerage system connection and 30 |
---|
60 | 60 | | use charges may collect such charges in accordance with the provisions 31 |
---|
61 | 61 | | of the general statutes for the collection of property taxes. The 32 |
---|
62 | 62 | | municipality may recover any such charges in a civil action against any 33 |
---|
63 | 63 | | person liable therefor. For the purpose of establishing or revising such 34 |
---|
64 | 64 | | connection or use charges and for the purpose of collecting such charges 35 |
---|
65 | 65 | | any municipality may enter into agreements with any water company 36 |
---|
66 | 66 | | or municipal water department furnishing water in such municipality 37 |
---|
67 | 67 | | for the purchase from such water company or municipal water 38 |
---|
68 | 68 | | department of information or services and such agreement may 39 |
---|
69 | 69 | | designate such water company or municipal water department as a 40 |
---|
70 | 70 | | billing or collecting agent of the collector of sewerage system connection 41 |
---|
71 | 71 | | and use charges in the municipality. Any water company or municipal 42 |
---|
72 | 72 | | water department may enter into and fulfill any such agreements and 43 |
---|
73 | 73 | | may utilize for the collection of such charges any of the methods utilized 44 |
---|
74 | 74 | | by it for the collection of its water charges. 45 |
---|
75 | 75 | | Sec. 3. Subsection (c) of section 12-41 of the general statutes is 46 |
---|
76 | 76 | | repealed and the following is substituted in lieu thereof (Effective July 1, 47 |
---|
77 | 77 | | Raised Bill No. 7154 |
---|
78 | 78 | | |
---|
79 | 79 | | |
---|
80 | 80 | | |
---|
81 | 81 | | LCO No. 5748 3 of 28 |
---|
82 | 82 | | |
---|
83 | 83 | | 2025): 48 |
---|
84 | 84 | | (c) The annual declaration of the tangible personal property owned 49 |
---|
85 | 85 | | by such person on the assessment date, shall include, but is not limited 50 |
---|
86 | 86 | | to, the following property: Machinery used in mills and factories, cables, 51 |
---|
87 | 87 | | wires, poles, underground mains, conduits, pipes and other fixtures of 52 |
---|
88 | 88 | | water, gas, electric and heating companies, leasehold improvements 53 |
---|
89 | 89 | | classified as other than real property and furniture and fixtures of stores, 54 |
---|
90 | 90 | | offices, hotels, restaurants, taverns, halls, factories and manufacturers. 55 |
---|
91 | 91 | | Tangible personal property does not include a sign placed on a property 56 |
---|
92 | 92 | | indicating that the property is for sale or lease. On and after October 1, 57 |
---|
93 | 93 | | 2024, tangible personal property shall include nonpermanent 58 |
---|
94 | 94 | | modifications and attachments to commercial motor vehicles. 59 |
---|
95 | 95 | | Commercial or financial information in any declaration filed under this 60 |
---|
96 | 96 | | section shall not be open for public inspection but [may] shall be 61 |
---|
97 | 97 | | disclosed to municipal officers for tax collection purposes upon request. 62 |
---|
98 | 98 | | Sec. 4. Subsection (b) of section 12-93a of the general statutes is 63 |
---|
99 | 99 | | repealed and the following is substituted in lieu thereof (Effective July 1, 64 |
---|
100 | 100 | | 2025): 65 |
---|
101 | 101 | | (b) Any person entitled to an exemption from property tax in 66 |
---|
102 | 102 | | accordance with the provisions of subdivisions (19) to (26), inclusive, of 67 |
---|
103 | 103 | | section 12-81 shall be entitled to claim such exemption with respect to 68 |
---|
104 | 104 | | the assessment of a motor vehicle that is leased by such person. 69 |
---|
105 | 105 | | Notwithstanding the provisions of this chapter, any person claiming the 70 |
---|
106 | 106 | | exemption under this section for a leased motor vehicle shall be entitled 71 |
---|
107 | 107 | | to a refund of tax paid with respect to such vehicle whether such tax was 72 |
---|
108 | 108 | | paid by the lessee or by the lessor pursuant to the terms of the lease. 73 |
---|
109 | 109 | | Such refund shall equal the amount of such person's exemption 74 |
---|
110 | 110 | | multiplied by the applicable mill rate, less any tax delinquency or other 75 |
---|
111 | 111 | | debt owed by such person, in accordance with the provisions of section 76 |
---|
112 | 112 | | 12-129, as amended by this act. Any such person claiming the exemption 77 |
---|
113 | 113 | | for a leased vehicle under this subdivision for any assessment year shall, 78 |
---|
114 | 114 | | not later than the thirty-first day of December next following the 79 |
---|
115 | 115 | | Raised Bill No. 7154 |
---|
116 | 116 | | |
---|
117 | 117 | | |
---|
118 | 118 | | |
---|
119 | 119 | | LCO No. 5748 4 of 28 |
---|
120 | 120 | | |
---|
121 | 121 | | assessment year during which the tax for such leased vehicle has been 80 |
---|
122 | 122 | | paid, file with the assessor or board of assessors, in the town in which 81 |
---|
123 | 123 | | such motor vehicle tax has been paid, written application claiming such 82 |
---|
124 | 124 | | exemption on a form approved for such purpose by such assessor or 83 |
---|
125 | 125 | | board. Upon approving such person's exemption claim, the assessor 84 |
---|
126 | 126 | | shall certify the amount of refund to which the applicant is entitled and 85 |
---|
127 | 127 | | shall notify the tax collector of such amount. The tax collector shall refer 86 |
---|
128 | 128 | | such certification to the board of selectmen in a town or to the 87 |
---|
129 | 129 | | corresponding authority in any other municipality. Upon receipt of such 88 |
---|
130 | 130 | | certification, the selectmen or such other authority shall draw an order 89 |
---|
131 | 131 | | on the Treasurer in favor of such person for the amount of refund so 90 |
---|
132 | 132 | | certified. Failure to file such application as prescribed in this subsection 91 |
---|
133 | 133 | | with respect to any assessment year shall constitute a waiver of the right 92 |
---|
134 | 134 | | to such exemption for such assessment year. 93 |
---|
135 | 135 | | Sec. 5. Subdivision (1) of subsection (a) of section 12-117a of the 94 |
---|
136 | 136 | | general statutes is repealed and the following is substituted in lieu 95 |
---|
137 | 137 | | thereof (Effective July 1, 2025): 96 |
---|
138 | 138 | | (a) (1) Any person, including any lessee of real property whose lease 97 |
---|
139 | 139 | | has been recorded as provided in section 47-19 and who is bound under 98 |
---|
140 | 140 | | the terms of such person's lease to pay real property taxes, claiming to 99 |
---|
141 | 141 | | be aggrieved by the action of the board of tax review or the board of 100 |
---|
142 | 142 | | assessment appeals, as the case may be, in any town or city may make 101 |
---|
143 | 143 | | application, not later than two months after the date of the mailing of 102 |
---|
144 | 144 | | notice of such action, in the nature of an appeal therefrom to the superior 103 |
---|
145 | 145 | | court for the judicial district in which such town or city is situated, 104 |
---|
146 | 146 | | which shall be accompanied by a citation to such town or city to appear 105 |
---|
147 | 147 | | before such court. Such citation shall be signed by the same authority 106 |
---|
148 | 148 | | and such appeal shall be returnable at the same time and served and 107 |
---|
149 | 149 | | returned in the same manner as is required in case of a summons in a 108 |
---|
150 | 150 | | civil action. The authority issuing the citation shall take from the 109 |
---|
151 | 151 | | applicant a bond or recognizance to such town or city, with surety, to 110 |
---|
152 | 152 | | prosecute the application to effect and to comply with and conform to 111 |
---|
153 | 153 | | the orders and decrees of the court in the premises. Any such application 112 |
---|
154 | 154 | | Raised Bill No. 7154 |
---|
155 | 155 | | |
---|
156 | 156 | | |
---|
157 | 157 | | |
---|
158 | 158 | | LCO No. 5748 5 of 28 |
---|
159 | 159 | | |
---|
160 | 160 | | shall be a preferred case, to be heard, unless good cause appears to the 113 |
---|
161 | 161 | | contrary, at the first session, by the court or by a committee appointed 114 |
---|
162 | 162 | | by the court. The pendency of such application shall not suspend (A) 115 |
---|
163 | 163 | | such town or city's authority to file a certificate continuing a tax lien, or 116 |
---|
164 | 164 | | (B) an action by such town or city to collect not more than seventy-five 117 |
---|
165 | 165 | | per cent of the tax so assessed or not more than ninety per cent of such 118 |
---|
166 | 166 | | tax with respect to any real property for which the assessed value is five 119 |
---|
167 | 167 | | hundred thousand dollars or more, and upon which such appeal is 120 |
---|
168 | 168 | | taken. If, during the pendency of such appeal, a new assessment year 121 |
---|
169 | 169 | | begins, the applicant may amend the application as to any matter 122 |
---|
170 | 170 | | therein, including an appeal for such new year, that is affected by the 123 |
---|
171 | 171 | | inception of such new year and such applicant need not appear before 124 |
---|
172 | 172 | | the board of tax review or board of assessment appeals, as the case may 125 |
---|
173 | 173 | | be, to make such amendment effective. 126 |
---|
174 | 174 | | Sec. 6. Section 12-126 of the general statutes is repealed and the 127 |
---|
175 | 175 | | following is substituted in lieu thereof (Effective July 1, 2025): 128 |
---|
176 | 176 | | If any tangible personal property is assessed in more than one 129 |
---|
177 | 177 | | municipality in any assessment year, upon payment of the tax in the 130 |
---|
178 | 178 | | municipality in which such property is subject to property tax for such 131 |
---|
179 | 179 | | assessment year in accordance with sections 12-43, 12-59 or 12-71, the 132 |
---|
180 | 180 | | tax in the other municipality or municipalities shall be removed from 133 |
---|
181 | 181 | | the rate book by means of a certificate of error issued by the assessor or 134 |
---|
182 | 182 | | board of assessors. If such tax has been paid to a municipality in which 135 |
---|
183 | 183 | | such property is not subject to property tax for such assessment year in 136 |
---|
184 | 184 | | accordance with said sections 12-43, 12-59 or 12-71, the amount thereof, 137 |
---|
185 | 185 | | less any tax delinquency or other debt owed by such person, shall be 138 |
---|
186 | 186 | | refunded to the taxpayer upon written application therefor to the tax 139 |
---|
187 | 187 | | collector, in accordance with the provisions of section 12-129, as 140 |
---|
188 | 188 | | amended by this act. Such application shall contain a recital of the facts, 141 |
---|
189 | 189 | | and the collector shall, after examination thereof, refer the same, with 142 |
---|
190 | 190 | | his recommendation thereon, to the board of selectmen in the case of a 143 |
---|
191 | 191 | | town or to the corresponding authority in any other municipality, and 144 |
---|
192 | 192 | | shall certify to the amount of refund to which the applicant is entitled. 145 |
---|
193 | 193 | | Raised Bill No. 7154 |
---|
194 | 194 | | |
---|
195 | 195 | | |
---|
196 | 196 | | |
---|
197 | 197 | | LCO No. 5748 6 of 28 |
---|
198 | 198 | | |
---|
199 | 199 | | Upon receipt of such application and certification, the selectmen or 146 |
---|
200 | 200 | | other duly constituted authority shall draw an order upon the treasurer 147 |
---|
201 | 201 | | in favor of such applicant for such amount without interest. 148 |
---|
202 | 202 | | Sec. 7. Section 12-127 of the general statutes is repealed and the 149 |
---|
203 | 203 | | following is substituted in lieu thereof (Effective July 1, 2025): 150 |
---|
204 | 204 | | Any person who has been unable to submit evidence of blindness as 151 |
---|
205 | 205 | | required by section 12-92 or of other claim for exemption as required by 152 |
---|
206 | 206 | | section 12-93 may, when he obtains such evidence satisfactory to the 153 |
---|
207 | 207 | | assessors, make application to the collector of taxes in accordance with 154 |
---|
208 | 208 | | the provisions of section 12-129, as amended by this act, within one year 155 |
---|
209 | 209 | | after he obtains such evidence, for abatement in case the tax has not been 156 |
---|
210 | 210 | | paid, or for refund in case the whole tax has been paid, of such part or 157 |
---|
211 | 211 | | the whole of such tax as represents the exemption. Such abatement or 158 |
---|
212 | 212 | | refund shall be reduced by the amount of any tax delinquency or other 159 |
---|
213 | 213 | | debt owed by such person and may be granted retroactively to include 160 |
---|
214 | 214 | | the assessment day next succeeding the date as of which such person 161 |
---|
215 | 215 | | was entitled to the exemption, but in no case shall any abatement or 162 |
---|
216 | 216 | | refund be made for a period greater than one year. 163 |
---|
217 | 217 | | Sec. 8. Section 12-128 of the general statutes is repealed and the 164 |
---|
218 | 218 | | following is substituted in lieu thereof (Effective July 1, 2025): 165 |
---|
219 | 219 | | The amount of any tax which has been collected erroneously from 166 |
---|
220 | 220 | | any person who has served in the Army, Navy, Marine Corps, Coast 167 |
---|
221 | 221 | | Guard, Air Force or Space Force of the United States, or from his relative, 168 |
---|
222 | 222 | | as specified in section 12-81, may be recovered from the municipality to 169 |
---|
223 | 223 | | which the same has been paid at any time within six years from the date 170 |
---|
224 | 224 | | of such payment upon presentation of a claim therefor to the assessor. 171 |
---|
225 | 225 | | The assessor shall examine such claim and, upon finding the claimant 172 |
---|
226 | 226 | | entitled thereto, shall issue a certificate of correction. Upon the issuance 173 |
---|
227 | 227 | | of a certificate of correction, any person taxed in error may make 174 |
---|
228 | 228 | | application in writing to the collector of taxes for the refund of the 175 |
---|
229 | 229 | | erroneously taxed amount, less any tax delinquency or other debt owed 176 |
---|
230 | 230 | | Raised Bill No. 7154 |
---|
231 | 231 | | |
---|
232 | 232 | | |
---|
233 | 233 | | |
---|
234 | 234 | | LCO No. 5748 7 of 28 |
---|
235 | 235 | | |
---|
236 | 236 | | by such person, in accordance with the provisions of section 12-129, as 177 |
---|
237 | 237 | | amended by this act. Such application shall contain a recital of the facts 178 |
---|
238 | 238 | | and the amount of the refund requested. The tax collector shall, after 179 |
---|
239 | 239 | | examination of such application, refer the same, with the tax collector's 180 |
---|
240 | 240 | | recommendations thereon, to the board of selectmen in a town or 181 |
---|
241 | 241 | | corresponding authority in any other municipality and certify to the 182 |
---|
242 | 242 | | amount of refund, without interest, to which the person is entitled. Any 183 |
---|
243 | 243 | | payment for which no timely application is made or granted under this 184 |
---|
244 | 244 | | section shall be the property of the municipality. 185 |
---|
245 | 245 | | Sec. 9. Section 12-129 of the general statutes is repealed and the 186 |
---|
246 | 246 | | following is substituted in lieu thereof (Effective July 1, 2025): 187 |
---|
247 | 247 | | Any person, firm or corporation who pays any property tax in excess 188 |
---|
248 | 248 | | of the principal of such tax as entered in the rate book of the tax collector 189 |
---|
249 | 249 | | and covered by his warrant therein, or in excess of the legal interest, 190 |
---|
250 | 250 | | penalty or fees pertaining to such tax, or who pays a tax from which the 191 |
---|
251 | 251 | | payor is by statute exempt and entitled to an abatement, or who, by 192 |
---|
252 | 252 | | reason of a clerical error on the part of the assessor or board of 193 |
---|
253 | 253 | | assessment appeals, pays a tax in excess of that which should have been 194 |
---|
254 | 254 | | assessed against his property, or who is entitled to a refund because of 195 |
---|
255 | 255 | | the issuance of a certificate of correction, may make application in 196 |
---|
256 | 256 | | writing to the collector of taxes for the refund of such amount. Such 197 |
---|
257 | 257 | | application shall be delivered or postmarked by the later of (1) three 198 |
---|
258 | 258 | | years from the date such tax was due, (2) such extended deadline as the 199 |
---|
259 | 259 | | municipality may, by ordinance, establish, or (3) ninety days after the 200 |
---|
260 | 260 | | deletion of any item of tax assessment by a final court order or pursuant 201 |
---|
261 | 261 | | to subdivision (3) of subsection (c) of section 12-53, subsection (b) of 202 |
---|
262 | 262 | | section 12-57 or section 12-113. Such application shall contain a recital of 203 |
---|
263 | 263 | | the facts and shall state the amount of the refund requested. The 204 |
---|
264 | 264 | | collector shall, after examination of such application, refer the same, 205 |
---|
265 | 265 | | with his recommendations thereon, to the board of selectmen in a town 206 |
---|
266 | 266 | | or to the corresponding authority in any other municipality, and shall 207 |
---|
267 | 267 | | certify to the amount of refund, if any, to which the applicant is entitled. 208 |
---|
268 | 268 | | The existence of another tax delinquency or other debt owed by the 209 |
---|
269 | 269 | | Raised Bill No. 7154 |
---|
270 | 270 | | |
---|
271 | 271 | | |
---|
272 | 272 | | |
---|
273 | 273 | | LCO No. 5748 8 of 28 |
---|
274 | 274 | | |
---|
275 | 275 | | same person, firm or corporation shall be sufficient grounds for denying 210 |
---|
276 | 276 | | the application. Upon such denial, any overpayment shall be applied to 211 |
---|
277 | 277 | | such delinquency or other debt. Upon receipt of such application and 212 |
---|
278 | 278 | | certification, the selectmen or such other authority shall draw an order 213 |
---|
279 | 279 | | upon the treasurer in favor of such applicant for the amount of refund 214 |
---|
280 | 280 | | so certified. Any action taken by such selectmen or such other authority 215 |
---|
281 | 281 | | shall be a matter of record, and the tax collector shall be notified in 216 |
---|
282 | 282 | | writing of such action. Upon receipt of notice of such action, the collector 217 |
---|
283 | 283 | | shall make in his rate book a notation which will date, describe and 218 |
---|
284 | 284 | | identify each such transaction. Each tax collector shall, at the end of each 219 |
---|
285 | 285 | | fiscal year, prepare a statement showing the amount of each such 220 |
---|
286 | 286 | | refund, to whom made and the reason therefor. Such statement shall be 221 |
---|
287 | 287 | | published in the annual report of the municipality or filed in the town 222 |
---|
288 | 288 | | clerk's office within sixty days of the end of the fiscal year. Any payment 223 |
---|
289 | 289 | | for which no timely application is made or granted under this section 224 |
---|
290 | 290 | | shall permanently remain the property of the municipality. Nothing in 225 |
---|
291 | 291 | | this section shall be construed to allow a refund based upon an error of 226 |
---|
292 | 292 | | judgment by the assessors. Notwithstanding the provisions of this 227 |
---|
293 | 293 | | section, the legislative body of a municipality may, by ordinance, 228 |
---|
294 | 294 | | authorize the tax collector to retain payments in excess of the amount 229 |
---|
295 | 295 | | due provided the amount of the excess payment is less than [five] 230 |
---|
296 | 296 | | twenty dollars. 231 |
---|
297 | 297 | | Sec. 10. Section 12-144 of the general statutes is repealed and the 232 |
---|
298 | 298 | | following is substituted in lieu thereof (Effective July 1, 2025): 233 |
---|
299 | 299 | | Any property tax due in any municipality of this state in an amount 234 |
---|
300 | 300 | | not in excess of [one] five hundred dollars shall be due and payable in a 235 |
---|
301 | 301 | | single payment when so determined by the appropriating body of such 236 |
---|
302 | 302 | | municipality. 237 |
---|
303 | 303 | | Sec. 11. Section 12-145 of the general statutes is repealed and the 238 |
---|
304 | 304 | | following is substituted in lieu thereof (Effective July 1, 2025): 239 |
---|
305 | 305 | | The tax collector of each municipality shall, at least five days next 240 |
---|
306 | 306 | | Raised Bill No. 7154 |
---|
307 | 307 | | |
---|
308 | 308 | | |
---|
309 | 309 | | |
---|
310 | 310 | | LCO No. 5748 9 of 28 |
---|
311 | 311 | | |
---|
312 | 312 | | preceding the time when each tax becomes due and payable, give notice 241 |
---|
313 | 313 | | of the time and place at which the tax collector will receive such tax by 242 |
---|
314 | 314 | | advertising in a newspaper [published in such municipality or, if no 243 |
---|
315 | 315 | | newspaper is published in such municipality, by advertising in any 244 |
---|
316 | 316 | | newspaper of the state] having a general circulation in such 245 |
---|
317 | 317 | | municipality and by posting such notice on a signpost, a bulletin board 246 |
---|
318 | 318 | | or the municipality's Internet web site. The tax collector shall repeat 247 |
---|
319 | 319 | | such advertising within one week after such tax has become due and 248 |
---|
320 | 320 | | payable and, again, at least five days before such tax becomes 249 |
---|
321 | 321 | | delinquent. Each such notice shall give each date on which such tax shall 250 |
---|
322 | 322 | | become due and payable and each date on which such tax shall become 251 |
---|
323 | 323 | | delinquent, and shall state that, as soon as such tax becomes delinquent, 252 |
---|
324 | 324 | | it shall be subject to interest at the rate of one and one-half per cent of 253 |
---|
325 | 325 | | such tax for each month or fraction thereof which elapses from the time 254 |
---|
326 | 326 | | when such tax becomes due and payable until the same is paid. The tax 255 |
---|
327 | 327 | | collector of a municipality shall waive the interest on a taxpayer's 256 |
---|
328 | 328 | | delinquent property taxes if (1) the tax collector and the assessor, jointly, 257 |
---|
329 | 329 | | determine that the delinquency is attributable to an error by the tax 258 |
---|
330 | 330 | | assessor or tax collector and is not the result of any action or failure on 259 |
---|
331 | 331 | | the part of the taxpayer, and (2) such waiver is approved by vote of the 260 |
---|
332 | 332 | | legislative body of such municipality, or, in a municipality where the 261 |
---|
333 | 333 | | legislative body is a town meeting, by vote of the board of selectmen. 262 |
---|
334 | 334 | | The tax collector shall notify the taxing authority of the municipality of 263 |
---|
335 | 335 | | all waivers approved pursuant to this section. 264 |
---|
336 | 336 | | Sec. 12. Section 12-146 of the general statutes is repealed and the 265 |
---|
337 | 337 | | following is substituted in lieu thereof (Effective July 1, 2025): 266 |
---|
338 | 338 | | Unless the context otherwise requires, wherever used in this section, 267 |
---|
339 | 339 | | "tax" includes each property tax and each installment and part thereof 268 |
---|
340 | 340 | | due to a municipality as it may have been increased by interest, fees and 269 |
---|
341 | 341 | | charges. If any tax due in a single installment or if any installment of any 270 |
---|
342 | 342 | | tax due in two or more installments is not paid in full (1) on or before 271 |
---|
343 | 343 | | the first day of the month next succeeding the month in which it became 272 |
---|
344 | 344 | | due and payable, or if not due and payable on the first day of the month, 273 |
---|
345 | 345 | | Raised Bill No. 7154 |
---|
346 | 346 | | |
---|
347 | 347 | | |
---|
348 | 348 | | |
---|
349 | 349 | | LCO No. 5748 10 of 28 |
---|
350 | 350 | | |
---|
351 | 351 | | (2) on or before the same date of the next succeeding month 274 |
---|
352 | 352 | | corresponding to that of the month on which it became due and payable, 275 |
---|
353 | 353 | | the whole or such part of such installment as is unpaid shall thereupon 276 |
---|
354 | 354 | | be delinquent and shall be subject to interest from the due date of such 277 |
---|
355 | 355 | | delinquent installment. Except for unpaid real estate taxes the collection 278 |
---|
356 | 356 | | of which was, or is, deferred under the provisions of section 12-174, and 279 |
---|
357 | 357 | | any predecessor and successor thereto, which unpaid real estate taxes 280 |
---|
358 | 358 | | continue to be subject to the provisions of such deferred collection 281 |
---|
359 | 359 | | statutes, the delinquent portion of the principal of any tax shall be 282 |
---|
360 | 360 | | subject to interest at the rate of [eighteen per cent per annum] one and 283 |
---|
361 | 361 | | one-half per cent for each month or fraction thereof from the time when 284 |
---|
362 | 362 | | it became due and payable until the same is paid, subject to a minimum 285 |
---|
363 | 363 | | interest charge of two dollars per installment which any municipality, 286 |
---|
364 | 364 | | by vote of its legislative body, may elect not to impose, and provided, in 287 |
---|
365 | 365 | | any computation of such interest, under any provision of this section, 288 |
---|
366 | 366 | | each fractional part of a month in which any portion of the principal of 289 |
---|
367 | 367 | | such tax remains unpaid shall be considered to be equivalent to a whole 290 |
---|
368 | 368 | | month. Each addition of interest shall become, and shall be collectible 291 |
---|
369 | 369 | | as, a part of such tax. Interest shall accrue at said rate until payment of 292 |
---|
370 | 370 | | such taxes due notwithstanding the entry of any judgment in favor of 293 |
---|
371 | 371 | | the municipality against the taxpayer or the property of the taxpayer. 294 |
---|
372 | 372 | | The collector shall apply each partial payment [to the wiping out of such 295 |
---|
373 | 373 | | interest before making any application thereof to the reduction of such 296 |
---|
374 | 374 | | principal] in the manner described in section 12-144b. If any tax, at the 297 |
---|
375 | 375 | | time of assessment or because of a subsequent division, represents two 298 |
---|
376 | 376 | | or more items of property, the collector may receive payment in full of 299 |
---|
377 | 377 | | such part of the principal and interest of such tax as represents one or 300 |
---|
378 | 378 | | more of such items, even though interest in full on the entire amount of 301 |
---|
379 | 379 | | the principal of such tax has not been received up to the date of such 302 |
---|
380 | 380 | | payment; in which event, interest on the remaining portion of the 303 |
---|
381 | 381 | | principal of any such tax shall be computed, as the case may be, from 304 |
---|
382 | 382 | | the due date of such tax if no other payment after delinquency has been 305 |
---|
383 | 383 | | made or from the last date of payment of interest in full on the whole 306 |
---|
384 | 384 | | amount or unpaid balance of the principal of such delinquent tax if 307 |
---|
385 | 385 | | Raised Bill No. 7154 |
---|
386 | 386 | | |
---|
387 | 387 | | |
---|
388 | 388 | | |
---|
389 | 389 | | LCO No. 5748 11 of 28 |
---|
390 | 390 | | |
---|
391 | 391 | | previous payment of interest has been made. Each collector shall keep a 308 |
---|
392 | 392 | | separate account of such interest and the time when the same has been 309 |
---|
393 | 393 | | received and shall pay over the same to the treasurer of the municipality 310 |
---|
394 | 394 | | of the collector as a part of such tax. No tax or installment thereof shall 311 |
---|
395 | 395 | | be construed to be delinquent under the provisions of this section if (A) 312 |
---|
396 | 396 | | such tax or installment was paid through a municipal electronic 313 |
---|
397 | 397 | | payment service within the time allowed by statute for payment of such 314 |
---|
398 | 398 | | tax or installment, or (B) the properly addressed envelope containing 315 |
---|
399 | 399 | | the amount due as such tax or installment, as received by the tax 316 |
---|
400 | 400 | | collector of the municipality to which such tax is payable, bears a (i) 317 |
---|
401 | 401 | | postmark [showing] that shows a date within the time allowed by 318 |
---|
402 | 402 | | statute for the payment of such tax or installment, or (ii) private postage 319 |
---|
403 | 403 | | meter stamp that shows a date within the time allowed by statute for 320 |
---|
404 | 404 | | the payment of such tax or installment and is not accompanied by a 321 |
---|
405 | 405 | | postmark with a different date. Any municipality may, by vote of its 322 |
---|
406 | 406 | | legislative body, require that any delinquent property taxes shall be 323 |
---|
407 | 407 | | paid only in cash or by certified check or money order. Any municipality 324 |
---|
408 | 408 | | adopting such requirement may provide that such requirement shall 325 |
---|
409 | 409 | | only be applicable to delinquency exceeding a certain period in duration 326 |
---|
410 | 410 | | as determined by such municipality. Any municipality shall waive all 327 |
---|
411 | 411 | | or a portion of the interest due and payable under this section on a 328 |
---|
412 | 412 | | delinquent tax with respect to a taxpayer who has (I) received 329 |
---|
413 | 413 | | compensation under chapter 968 as a crime victim, or (II) provided such 330 |
---|
414 | 414 | | municipality with a copy of a police report made by such taxpayer 331 |
---|
415 | 415 | | demonstrating that such payment was stolen, provided such taxpayer 332 |
---|
416 | 416 | | made such payment promptly upon discovery of the theft. 333 |
---|
417 | 417 | | Sec. 13. Section 12-146a of the general statutes is repealed and the 334 |
---|
418 | 418 | | following is substituted in lieu thereof (Effective July 1, 2025): 335 |
---|
419 | 419 | | Any municipality, as defined in subsection (a) of section 12-41, or any 336 |
---|
420 | 420 | | district health department, formed under chapter 368f, [may withhold 337 |
---|
421 | 421 | | or] shall decline to issue and may revoke any license or permit, issued 338 |
---|
422 | 422 | | by such municipality or district health department, to operate a business 339 |
---|
423 | 423 | | enterprise if any taxes or water, sewer or sanitation charges levied by a 340 |
---|
424 | 424 | | Raised Bill No. 7154 |
---|
425 | 425 | | |
---|
426 | 426 | | |
---|
427 | 427 | | |
---|
428 | 428 | | LCO No. 5748 12 of 28 |
---|
429 | 429 | | |
---|
430 | 430 | | water pollution control authority or such municipality or, in the case of 341 |
---|
431 | 431 | | a district department of health, by any constituent municipality of such 342 |
---|
432 | 432 | | district, against any property owned by or used in such business 343 |
---|
433 | 433 | | enterprise are delinquent and have been so delinquent for a period of 344 |
---|
434 | 434 | | not less than one year. 345 |
---|
435 | 435 | | Sec. 14. Subsection (a) of section 12-155 of the general statutes is 346 |
---|
436 | 436 | | repealed and the following is substituted in lieu thereof (Effective July 1, 347 |
---|
437 | 437 | | 2025): 348 |
---|
438 | 438 | | (a) If any person fails to pay any tax, or fails to pay any water or 349 |
---|
439 | 439 | | sanitation charges within thirty days after the due date, the collector or 350 |
---|
440 | 440 | | the collector's duly appointed agent shall make personal demand of 351 |
---|
441 | 441 | | such person therefor or leave written demand at such person's usual 352 |
---|
442 | 442 | | place of abode or deposit in some post office a written demand for such 353 |
---|
443 | 443 | | tax or such water or sanitation charges, postage prepaid, addressed to 354 |
---|
444 | 444 | | such person at such person's last-known place of residence unless, after 355 |
---|
445 | 445 | | making reasonable efforts, the assessor is unable to identify the owner 356 |
---|
446 | 446 | | or persons responsible. If such person is a corporation, limited 357 |
---|
447 | 447 | | partnership or other legal entity, such written demand may be sent to 358 |
---|
448 | 448 | | any person upon whom process may be served to initiate a civil action 359 |
---|
449 | 449 | | against such corporation, limited partnership or entity. If two or more 360 |
---|
450 | 450 | | owners or persons are responsible for the payment of a tax or charge, 361 |
---|
451 | 451 | | written demand sent to one such owner or person shall be deemed 362 |
---|
452 | 452 | | demand upon all such owners or persons. 363 |
---|
453 | 453 | | Sec. 15. Section 12-157 of the general statutes is repealed and the 364 |
---|
454 | 454 | | following is substituted in lieu thereof (Effective July 1, 2025): 365 |
---|
455 | 455 | | (a) When a collector levies one or more tax warrants on real estate, he 366 |
---|
456 | 456 | | or she shall prepare notices thereof, containing the name of the taxpayer, 367 |
---|
457 | 457 | | a legal description of the real property or citation to an instrument in the 368 |
---|
458 | 458 | | land records, an assessor's map or another publicly available document 369 |
---|
459 | 459 | | identifying the real property's boundaries, the street address, if such real 370 |
---|
460 | 460 | | property has one, the amount of the tax or taxes due, including any 371 |
---|
461 | 461 | | Raised Bill No. 7154 |
---|
462 | 462 | | |
---|
463 | 463 | | |
---|
464 | 464 | | |
---|
465 | 465 | | LCO No. 5748 13 of 28 |
---|
466 | 466 | | |
---|
467 | 467 | | interest and charges attributable to the property as of the last day of the 372 |
---|
468 | 468 | | month immediately preceding the notice, a statement that additional 373 |
---|
469 | 469 | | taxes, interest, fees and other charges authorized by law accruing after 374 |
---|
470 | 470 | | the last day of the month immediately preceding the notice are owed in 375 |
---|
471 | 471 | | addition to the amount indicated as due and owing in the notice, and 376 |
---|
472 | 472 | | the date, time and place of sale. The collector shall post one notice on a 377 |
---|
473 | 473 | | bulletin board in or near the collector's office in the town where such 378 |
---|
474 | 474 | | real estate is situated, if any, or at some other exterior place near the 379 |
---|
475 | 475 | | office of the town clerk, which is nearest thereto; one shall be filed in the 380 |
---|
476 | 476 | | town clerk's office of such town and such town clerk shall record and 381 |
---|
477 | 477 | | index the same as a part of the land records of such town, which 382 |
---|
478 | 478 | | recording shall serve as constructive notice equivalent to a lis pendens 383 |
---|
479 | 479 | | for all purposes, and one shall be sent by certified mail, return receipt 384 |
---|
480 | 480 | | requested, to the taxpayer and each mortgage, lienholder and other 385 |
---|
481 | 481 | | encumbrancer of record whose interest is choate and will be affected by 386 |
---|
482 | 482 | | the sale. Such posting, filing and mailing shall be done not more than 387 |
---|
483 | 483 | | twelve and not less than nine weeks before the time of sale and shall 388 |
---|
484 | 484 | | constitute a legal levy of such warrant or warrants upon the real estate 389 |
---|
485 | 485 | | referred to in the notice. Such collector shall also publish a similar notice 390 |
---|
486 | 486 | | for three weeks, at least once each week, in a newspaper published in 391 |
---|
487 | 487 | | such town, or in a newspaper published in the state having a general 392 |
---|
488 | 488 | | circulation in such town. The first notice shall be published beginning 393 |
---|
489 | 489 | | not more than twelve and not less than nine weeks before the time of 394 |
---|
490 | 490 | | sale and the last shall be published not more than four weeks nor less 395 |
---|
491 | 491 | | than two weeks before such sale. He shall also send by certified mail, 396 |
---|
492 | 492 | | return receipt requested, to the delinquent taxpayer and to each 397 |
---|
493 | 493 | | mortgagee, lienholder and other encumbrancer of record whose interest 398 |
---|
494 | 494 | | in such property is choate and will be affected by such sale, a similar 399 |
---|
495 | 495 | | notice which shall not be required to list information pertaining to 400 |
---|
496 | 496 | | properties in which the person to whom the notice is directed has no 401 |
---|
497 | 497 | | interest. The notice shall be sent at least twice, the first not more than 402 |
---|
498 | 498 | | eight nor less than five weeks before such sale and the last not more than 403 |
---|
499 | 499 | | four weeks nor less than two weeks before such sale. The notice shall be 404 |
---|
500 | 500 | | addressed to (1) his or her place of residence, if known to the collector, 405 |
---|
501 | 501 | | Raised Bill No. 7154 |
---|
502 | 502 | | |
---|
503 | 503 | | |
---|
504 | 504 | | |
---|
505 | 505 | | LCO No. 5748 14 of 28 |
---|
506 | 506 | | |
---|
507 | 507 | | [or to] (2) his or her estate or the fiduciary thereof, at such fiduciary's 406 |
---|
508 | 508 | | last known address, if known to the collector, if the collector knows him 407 |
---|
509 | 509 | | or her to be deceased, which notice shall be deemed adequate notice to 408 |
---|
510 | 510 | | all such deceased taxpayer's heirs, devisees, representatives or other 409 |
---|
511 | 511 | | potential claimants, regardless of whether probate proceedings have 410 |
---|
512 | 512 | | been instituted in connection with the estate of the decedent, or [to] (3) 411 |
---|
513 | 513 | | the address, or the agent of such person, to which such person has 412 |
---|
514 | 514 | | requested that tax bills be sent. If there is no address of such person, or 413 |
---|
515 | 515 | | if no such agent is given in the records of such town, the notice shall be 414 |
---|
516 | 516 | | sent to the place where such person regularly conducts business or other 415 |
---|
517 | 517 | | address as the collector believes will give notice of the levy and sale. If 416 |
---|
518 | 518 | | a person is a corporation, limited partnership or other legal entity, the 417 |
---|
519 | 519 | | notice may be sent to any person upon whom process may be served to 418 |
---|
520 | 520 | | initiate a civil action against such corporation, limited partnership or 419 |
---|
521 | 521 | | entity or to any other address that the collector believes will give notice 420 |
---|
522 | 522 | | of the levy and sale. If no place of residence or business is known and 421 |
---|
523 | 523 | | cannot be determined by the tax collector for any owner, taxpayer, 422 |
---|
524 | 524 | | mortgagee, lienholder or other encumbrancer whose interest in the 423 |
---|
525 | 525 | | property is choate and will be affected by the sale, in lieu of notice by 424 |
---|
526 | 526 | | certified mail as provided in this subsection, the notice, together with 425 |
---|
527 | 527 | | the list of mortgagees, lienholders, and other encumbrancers of record 426 |
---|
528 | 528 | | whose interests in the property are choate and will be affected by such 427 |
---|
529 | 529 | | sale, shall be published in a newspaper published in this state, having a 428 |
---|
530 | 530 | | general circulation in the town in which such property is located at least 429 |
---|
531 | 531 | | twice, the first not more than eight weeks nor less than five weeks before 430 |
---|
532 | 532 | | such sale and the last not more than four weeks nor less than two weeks 431 |
---|
533 | 533 | | before such sale. 432 |
---|
534 | 534 | | (b) The collector may, for any reason, adjourn such sale from time to 433 |
---|
535 | 535 | | time by causing public notice of such adjournment. [and] Upon making 434 |
---|
536 | 536 | | a determination of the date such adjourned sale will recommence, the 435 |
---|
537 | 537 | | collector shall give the time and place of such [adjourned] recommenced 436 |
---|
538 | 538 | | sale [to be given either] by oral announcement or posting of a written 437 |
---|
539 | 539 | | notice at the time and place designated for the sale in the notices of such 438 |
---|
540 | 540 | | Raised Bill No. 7154 |
---|
541 | 541 | | |
---|
542 | 542 | | |
---|
543 | 543 | | |
---|
544 | 544 | | LCO No. 5748 15 of 28 |
---|
545 | 545 | | |
---|
546 | 546 | | sale. If the [adjourned] date such sale will recommence is unknown at 439 |
---|
547 | 547 | | the time of adjournment or set for a date more than three days from the 440 |
---|
548 | 548 | | date of the original or rescheduled sale date, the tax collector shall 441 |
---|
549 | 549 | | provide a postage prepaid written notice of the new time and place of 442 |
---|
550 | 550 | | the sale, when determined, to the delinquent taxpayer and each 443 |
---|
551 | 551 | | mortgagee, lienholder and other encumbrancer of record whose interest 444 |
---|
552 | 552 | | is choate and will be affected by the sale. 445 |
---|
553 | 553 | | (c) At the time and place stated in such notices, or, if such sale is 446 |
---|
554 | 554 | | adjourned, at the time and place specified at the time of adjournment or 447 |
---|
555 | 555 | | after as aforesaid, such collector (1) may sell at public auction to the 448 |
---|
556 | 556 | | highest bidder all of said real property, to pay the taxes with the interest, 449 |
---|
557 | 557 | | fees and other charges allowed by law, including, but not limited to, 450 |
---|
558 | 558 | | those charges set forth in section 12-140, or (2) may sell all of said real 451 |
---|
559 | 559 | | property to his municipality if there has been no bidder or the amount 452 |
---|
560 | 560 | | bid is insufficient to pay the amount due. 453 |
---|
561 | 561 | | (d) The collector shall post, at the time and place of the sale, a written 454 |
---|
562 | 562 | | notice stating the amount of all taxes, interest, fees and other charges 455 |
---|
563 | 563 | | authorized by law with respect to each property to be sold. The tax 456 |
---|
564 | 564 | | collector may publish or announce any rules for the orderly conduct of 457 |
---|
565 | 565 | | the auction and the making of payment by successful bidders which are 458 |
---|
566 | 566 | | not inconsistent with the requirements of law. The tax collector or the 459 |
---|
567 | 567 | | municipality may retain the services of auctioneers, clerks and other 460 |
---|
568 | 568 | | persons to assist the tax collector in the conduct of the sale and the cost 461 |
---|
569 | 569 | | of such persons paid for their services shall be added to the taxes due 462 |
---|
570 | 570 | | from the delinquent taxpayer. If more than one property is sold, the tax 463 |
---|
571 | 571 | | collector shall apportion all shared costs equally among all the 464 |
---|
572 | 572 | | properties. 465 |
---|
573 | 573 | | (e) Within two weeks after such sale, the collector shall execute a deed 466 |
---|
574 | 574 | | thereof to the purchaser or to the municipality conducting the sale and 467 |
---|
575 | 575 | | shall lodge the same in the office of the town clerk of such town, where 468 |
---|
576 | 576 | | it shall remain unrecorded six months from the date of such sale. 469 |
---|
577 | 577 | | Raised Bill No. 7154 |
---|
578 | 578 | | |
---|
579 | 579 | | |
---|
580 | 580 | | |
---|
581 | 581 | | LCO No. 5748 16 of 28 |
---|
582 | 582 | | |
---|
583 | 583 | | (f) Within sixty days after such sale, the collector shall cause to be 470 |
---|
584 | 584 | | published in a newspaper having a daily general circulation in the town 471 |
---|
585 | 585 | | in which the real property is located, and shall send by certified mail, 472 |
---|
586 | 586 | | return receipt requested, to the delinquent taxpayer and each 473 |
---|
587 | 587 | | mortgagee, lienholder and other encumbrancer of record whose interest 474 |
---|
588 | 588 | | in such property is choate and is affected by such sale, a notice stating 475 |
---|
589 | 589 | | the date of the sale, the name and address of the purchaser, the amount 476 |
---|
590 | 590 | | the purchaser paid for the property and the date the redemption period 477 |
---|
591 | 591 | | will expire. The notice shall include a statement that if redemption does 478 |
---|
592 | 592 | | not take place by the date stated and in the manner provided by law, the 479 |
---|
593 | 593 | | delinquent taxpayer, and all mortgagees, lienholders and other 480 |
---|
594 | 594 | | encumbrancers who have received actual or constructive notice of such 481 |
---|
595 | 595 | | sale as provided by law, that their respective titles, mortgages, liens, 482 |
---|
596 | 596 | | restraints on alienation and other encumbrances in such property shall 483 |
---|
597 | 597 | | be extinguished. [After such notice is published, and] During the period 484 |
---|
598 | 598 | | commencing upon the mailing of the notice required pursuant to 485 |
---|
599 | 599 | | subsection (a) of this section to the taxpayer and each mortgage, 486 |
---|
600 | 600 | | lienholder and other encumbrancer and ending not later than six 487 |
---|
601 | 601 | | months after the date of the sale or within sixty days if the property was 488 |
---|
602 | 602 | | abandoned or meets other conditions established by ordinance adopted 489 |
---|
603 | 603 | | by the legislative body of the municipality, if the delinquent taxpayer, 490 |
---|
604 | 604 | | mortgagee, lienholder or other encumbrancer whose interest in the 491 |
---|
605 | 605 | | property will be affected by such sale, pays to the collector, the amount 492 |
---|
606 | 606 | | of taxes, interest and charges which were due and owing at the time of 493 |
---|
607 | 607 | | the sale together with interest on the total purchase price paid by the 494 |
---|
608 | 608 | | purchaser at the rate of [eighteen per cent per annum] one and one-half 495 |
---|
609 | 609 | | per cent for each month or fraction thereof from the date of such sale 496 |
---|
610 | 610 | | plus any taxes and debts owed to the municipality that were not 497 |
---|
611 | 611 | | recovered by the sale and any additional charges under section 12-140, 498 |
---|
612 | 612 | | such deed, executed pursuant to subsection (e) of this section, shall be 499 |
---|
613 | 613 | | delivered to the collector by the town clerk for cancellation and the 500 |
---|
614 | 614 | | collector shall provide a certificate of satisfaction to the person paying 501 |
---|
615 | 615 | | the money who, if not the person whose primary duty it was to pay the 502 |
---|
616 | 616 | | tax or taxes, shall have a claim against the person whose primary duty 503 |
---|
617 | 617 | | Raised Bill No. 7154 |
---|
618 | 618 | | |
---|
619 | 619 | | |
---|
620 | 620 | | |
---|
621 | 621 | | LCO No. 5748 17 of 28 |
---|
622 | 622 | | |
---|
623 | 623 | | it was to pay such tax or taxes for the amount so paid, and may add the 504 |
---|
624 | 624 | | same with the equivalent precedence, rate of interest and priority as the 505 |
---|
625 | 625 | | tax paid over other nongovernmental encumbrances but without 506 |
---|
626 | 626 | | precedence or priority over any state or municipal tax lien or any tax 507 |
---|
627 | 627 | | that was not yet due and payable when notice of the levy was first 508 |
---|
628 | 628 | | published to any claim for which he has security upon the property sold, 509 |
---|
629 | 629 | | provided the certificate of satisfaction is recorded on the land records 510 |
---|
630 | 630 | | but the interests of other persons in the property shall not be affected. 511 |
---|
631 | 631 | | Within ten days of receipt of such amounts in redemption of the levied 512 |
---|
632 | 632 | | property, the collector shall notify the purchaser by certified mail, return 513 |
---|
633 | 633 | | receipt requested, that the property has been redeemed and shall tender 514 |
---|
634 | 634 | | such payment, together with the amount held pursuant to 515 |
---|
635 | 635 | | subparagraph (A) of subdivision (1) of subsection (i) of this section, if 516 |
---|
636 | 636 | | any, to the purchaser. If the purchase money and interest are not paid 517 |
---|
637 | 637 | | within such redemption period, the deed shall be recorded and have full 518 |
---|
638 | 638 | | effect. 519 |
---|
639 | 639 | | (g) During the redemption period, the purchaser or the municipality 520 |
---|
640 | 640 | | shall have a sufficient insurable interest in buildings and improvements 521 |
---|
641 | 641 | | upon such property to insure them against fire and other risk of physical 522 |
---|
642 | 642 | | loss, and may petition the Superior Court for the appointment of a 523 |
---|
643 | 643 | | receiver or for other equitable relief if there shall be imminent danger of 524 |
---|
644 | 644 | | damage or destruction thereto or imminent danger of injury to persons 525 |
---|
645 | 645 | | or to other property resulting from conditions thereon or on adjoining 526 |
---|
646 | 646 | | properties. The purchaser or the municipality shall not be liable to any 527 |
---|
647 | 647 | | person, or subjected to forfeiture of their interest, solely by reason of 528 |
---|
648 | 648 | | acquisition by the person of the tax deed, for any condition existing or 529 |
---|
649 | 649 | | occurrence upon such property or adjoining public sidewalks and 530 |
---|
650 | 650 | | streets, or for any failure to act to remedy or investigate any such 531 |
---|
651 | 651 | | condition or occurrence during such redemption period. The expenses 532 |
---|
652 | 652 | | of any receiver appointed on the application of such purchaser or 533 |
---|
653 | 653 | | municipality in excess of any rents or profits paid to the receiver, all 534 |
---|
654 | 654 | | taxes and debts owed to the municipality that were not recovered by the 535 |
---|
655 | 655 | | sale, and any additional charges under section 12-140 shall be added to 536 |
---|
656 | 656 | | Raised Bill No. 7154 |
---|
657 | 657 | | |
---|
658 | 658 | | |
---|
659 | 659 | | |
---|
660 | 660 | | LCO No. 5748 18 of 28 |
---|
661 | 661 | | |
---|
662 | 662 | | the amount of the purchase money and interest required to be paid by 537 |
---|
663 | 663 | | any person to the purchaser or municipality for the collector's deed and 538 |
---|
664 | 664 | | paid to the party that incurred such expenses. 539 |
---|
665 | 665 | | (h) Any municipality holding a lien for unpaid taxes on real estate, 540 |
---|
666 | 666 | | other than the municipality conducting the sale, may purchase all of 541 |
---|
667 | 667 | | such property at a tax sale. 542 |
---|
668 | 668 | | (i) (1) If the sale realizes an amount in excess of the amount needed 543 |
---|
669 | 669 | | to pay all delinquent taxes, interest, penalties, fees, and costs, the 544 |
---|
670 | 670 | | amount of the excess shall be held in an interest-bearing escrow account 545 |
---|
671 | 671 | | separate from all other accounts of the municipality. Any interest earned 546 |
---|
672 | 672 | | from such escrow account shall be the property of the municipality. (A) 547 |
---|
673 | 673 | | If the property is redeemed prior to the expiration of the redemption 548 |
---|
674 | 674 | | period, the amount held in escrow shall, within ten days of the tax 549 |
---|
675 | 675 | | collector receiving notice of redemption, be turned over to the 550 |
---|
676 | 676 | | purchaser. (B) If the property is not redeemed in the redemption period, 551 |
---|
677 | 677 | | the amount held in escrow may be used to pay the delinquent taxes, 552 |
---|
678 | 678 | | interest, penalties, fees and costs on the same or any other property of 553 |
---|
679 | 679 | | the taxpayer, including personal property and motor vehicles. In the 554 |
---|
680 | 680 | | case of subparagraph (B) of this subdivision, the tax collector shall, 555 |
---|
681 | 681 | | within ten days of the expiration of the redemption period, pay to the 556 |
---|
682 | 682 | | clerk of the court for the judicial district in which the property is located 557 |
---|
683 | 683 | | the amount held in escrow remaining after paying the delinquent taxes, 558 |
---|
684 | 684 | | interest, fees, penalties and costs owed by the taxpayer to the 559 |
---|
685 | 685 | | municipality. The tax collector shall, within five days of the payment, 560 |
---|
686 | 686 | | provide notice to the delinquent taxpayer, any mortgagee, lienholder, 561 |
---|
687 | 687 | | or other encumbrancer of record whose interest in such property is 562 |
---|
688 | 688 | | choate and is affected by the sale, by certified mail, return receipt 563 |
---|
689 | 689 | | requested of the name and address of the court to which the moneys 564 |
---|
690 | 690 | | were paid, the person's right to file an application with the court for 565 |
---|
691 | 691 | | return of said money, and the amount of money paid to the court. 566 |
---|
692 | 692 | | (2) If the tax collector pays to the court any moneys pursuant to 567 |
---|
693 | 693 | | subparagraph (B) of subdivision (1) of this subsection, the delinquent 568 |
---|
694 | 694 | | Raised Bill No. 7154 |
---|
695 | 695 | | |
---|
696 | 696 | | |
---|
697 | 697 | | |
---|
698 | 698 | | LCO No. 5748 19 of 28 |
---|
699 | 699 | | |
---|
700 | 700 | | taxpayer, any mortgagee, lienholder or other encumbrancer whose 569 |
---|
701 | 701 | | interest in such property is choate and is affected by the sale may, within 570 |
---|
702 | 702 | | ninety days of the date the tax collector paid the moneys to the court, 571 |
---|
703 | 703 | | file an application with the court for return of the proceeds. Any person 572 |
---|
704 | 704 | | may make an application for payment of moneys deposited in court as 573 |
---|
705 | 705 | | provided for in this subsection to the superior court for the judicial 574 |
---|
706 | 706 | | district in which the property that is the subject of the proceedings 575 |
---|
707 | 707 | | referred to is located, or if said court is not in session to any judge 576 |
---|
708 | 708 | | thereof, for a determination of the equity of the parties having an 577 |
---|
709 | 709 | | interest in such moneys. Notice of such application shall be served in 578 |
---|
710 | 710 | | the same manner as to commence a civil action on all persons having an 579 |
---|
711 | 711 | | interest of record in such property on the date the collector's deed is 580 |
---|
712 | 712 | | recorded, provided neither the purchaser nor the municipality shall be 581 |
---|
713 | 713 | | a party to such action without such purchaser's or municipality's 582 |
---|
714 | 714 | | consent, except that no such service shall be required if the person 583 |
---|
715 | 715 | | making the application is the only person having such an interest. The 584 |
---|
716 | 716 | | court or judge upon such motion or upon its own motion may appoint 585 |
---|
717 | 717 | | a state referee to hear the facts and to make a determination of the equity 586 |
---|
718 | 718 | | of the parties in such moneys. Such referee, after providing at least ten 587 |
---|
719 | 719 | | days' notice to the parties interested of the time and place of hearing, 588 |
---|
720 | 720 | | shall hear the applicant and any parties interested, take such testimonies 589 |
---|
721 | 721 | | as such referee deems material and determine the equities of the parties 590 |
---|
722 | 722 | | having a record interest in such moneys and immediately report to the 591 |
---|
723 | 723 | | court or judge. The report shall contain a detailed statement of findings 592 |
---|
724 | 724 | | by the referee, sufficient to enable the court to determine the 593 |
---|
725 | 725 | | considerations upon which the referee based his conclusions. The report 594 |
---|
726 | 726 | | may be rejected for any irregular or improper conduct in the 595 |
---|
727 | 727 | | performance of the duties of such referee. If the report is rejected, the 596 |
---|
728 | 728 | | court or judge shall appoint another referee to make such determination 597 |
---|
729 | 729 | | and report. If the report is accepted, such determination of the equities 598 |
---|
730 | 730 | | shall be conclusive upon all parties given notice of such hearing, subject 599 |
---|
731 | 731 | | to appeal to the Appellate Court. If no appeal to the Appellate Court is 600 |
---|
732 | 732 | | filed within the time allowed by law, or if one is filed and the 601 |
---|
733 | 733 | | proceedings have terminated in a final judgment determining the 602 |
---|
734 | 734 | | Raised Bill No. 7154 |
---|
735 | 735 | | |
---|
736 | 736 | | |
---|
737 | 737 | | |
---|
738 | 738 | | LCO No. 5748 20 of 28 |
---|
739 | 739 | | |
---|
740 | 740 | | amount due to each party, the clerk shall send a certified copy of the 603 |
---|
741 | 741 | | statement of compensation and of the judgment to the prevailing party 604 |
---|
742 | 742 | | or parties, as the case may be, which shall, upon receipt thereof, pay 605 |
---|
743 | 743 | | such parties the amount due them as compensation. 606 |
---|
744 | 744 | | (3) If no application is filed with the court, any moneys held by the 607 |
---|
745 | 745 | | court shall escheat to the state pursuant to the provisions of part III of 608 |
---|
746 | 746 | | chapter 32. 609 |
---|
747 | 747 | | Sec. 16. Section 12-159b of the general statutes is repealed and the 610 |
---|
748 | 748 | | following is substituted in lieu thereof (Effective July 1, 2025): 611 |
---|
749 | 749 | | No action alleging the invalidity of a collector's deed, substantially, 612 |
---|
750 | 750 | | in the form provided in section 12-158, on any grounds other than fraud, 613 |
---|
751 | 751 | | shall be brought by any person except within one year from the date the 614 |
---|
752 | 752 | | collector's deed was recorded. Unless a lis pendens is recorded within 615 |
---|
753 | 753 | | such time, and except as provided in any judgment in such action, the 616 |
---|
754 | 754 | | subject property's title shall be fully marketable and insurable for all 617 |
---|
755 | 755 | | purposes. 618 |
---|
756 | 756 | | Sec. 17. Section 12-166 of the general statutes is repealed and the 619 |
---|
757 | 757 | | following is substituted in lieu thereof (Effective July 1, 2025): 620 |
---|
758 | 758 | | Unless the context otherwise requires, "tax", wherever used in this 621 |
---|
759 | 759 | | section, includes each property tax and each installment and part 622 |
---|
760 | 760 | | thereof due to a municipality, as such tax may have been increased by 623 |
---|
761 | 761 | | interest, penalties, fees and charges, including collection fees of a 624 |
---|
762 | 762 | | collection agency and attorneys' fees, provided such attorneys' fees shall 625 |
---|
763 | 763 | | be limited to those ordered by the court in any court action or 626 |
---|
764 | 764 | | proceeding brought by the municipality to recover such tax. Each 627 |
---|
765 | 765 | | collector of taxes of each municipality may collect any tax at any time by 628 |
---|
766 | 766 | | authority of any present or future legislation providing for the collection 629 |
---|
767 | 767 | | of any tax and said collector may [photostat] copy the receipted bills of 630 |
---|
768 | 768 | | such collected taxes. Each collector of taxes of each municipality shall, 631 |
---|
769 | 769 | | within a reasonable period after each unpaid tax, or the first installment 632 |
---|
770 | 770 | | thereof in case installment payments have been authorized, has become 633 |
---|
771 | 771 | | Raised Bill No. 7154 |
---|
772 | 772 | | |
---|
773 | 773 | | |
---|
774 | 774 | | |
---|
775 | 775 | | LCO No. 5748 21 of 28 |
---|
776 | 776 | | |
---|
777 | 777 | | due and payable, exclusive of each lawful abatement, exclusive of each 634 |
---|
778 | 778 | | lawful deduction because of a correction which has been made under 635 |
---|
779 | 779 | | the provisions of any legislation providing for corrections of taxes, 636 |
---|
780 | 780 | | exclusive of each uncollectible tax which has been lawfully transferred 637 |
---|
781 | 781 | | to the suspense tax book under the provisions of section 12-165, 638 |
---|
782 | 782 | | exclusive of each uncollectible tax removed under the provisions of 639 |
---|
783 | 783 | | section 12-164 and exclusive of each uncollectible tax removed from the 640 |
---|
784 | 784 | | rate bills under the provisions of section 12-195, proceed to collect such 641 |
---|
785 | 785 | | tax as it has been increased by interest, penalties, fees and charges and 642 |
---|
786 | 786 | | shall, when collection has been made, pay the same, together with all 643 |
---|
787 | 787 | | interest, penalties, fees and charges, to the treasurer of the municipality 644 |
---|
788 | 788 | | served by him. 645 |
---|
789 | 789 | | Sec. 18. Subsection (c) of section 12-169a of the general statutes is 646 |
---|
790 | 790 | | repealed and the following is substituted in lieu thereof (Effective July 1, 647 |
---|
791 | 791 | | 2025): 648 |
---|
792 | 792 | | (c) A municipality may redesign and designate a place on [its 649 |
---|
793 | 793 | | municipal motor vehicle] any property tax bill for taxpayers to check off 650 |
---|
794 | 794 | | amounts to donate to the local scholarship fund. The redesign of such 651 |
---|
795 | 795 | | tax bill shall be done so as to allow a taxpayer to voluntarily check off 652 |
---|
796 | 796 | | and donate an amount of [at least one dollar] such taxpayer's choosing. 653 |
---|
797 | 797 | | The donated amount shall not reduce the tax liability but shall be in 654 |
---|
798 | 798 | | addition to the amount otherwise due and payable. The redesign of the 655 |
---|
799 | 799 | | [motor vehicle] property tax bill shall be approved by the Office of 656 |
---|
800 | 800 | | Policy and Management prior to its use. The municipality may include 657 |
---|
801 | 801 | | an insert with its [motor vehicle] property tax bills [which] that explains 658 |
---|
802 | 802 | | the scholarship fund and the check-off provision to the taxpayer. The 659 |
---|
803 | 803 | | town treasurer shall deposit all moneys collected as a result of the check-660 |
---|
804 | 804 | | off in the fund and the treasurer may accept donations from other 661 |
---|
805 | 805 | | sources for purposes of the fund. 662 |
---|
806 | 806 | | Sec. 19. Subsection (a) of section 12-173 of the general statutes is 663 |
---|
807 | 807 | | repealed and the following is substituted in lieu thereof (Effective July 1, 664 |
---|
808 | 808 | | 2025): 665 |
---|
809 | 809 | | Raised Bill No. 7154 |
---|
810 | 810 | | |
---|
811 | 811 | | |
---|
812 | 812 | | |
---|
813 | 813 | | LCO No. 5748 22 of 28 |
---|
814 | 814 | | |
---|
815 | 815 | | (a) The collector of each municipality, by pursuing the method 666 |
---|
816 | 816 | | authorized by either section 12-174 or 12-175, as amended by this act, 667 |
---|
817 | 817 | | [may] shall continue any tax lien existing against any item of real estate 668 |
---|
818 | 818 | | to secure the payment of the tax assessed by such municipality thereon 669 |
---|
819 | 819 | | or of any obligation to make a payment in lieu of any such tax, as defined 670 |
---|
820 | 820 | | in section 12-171, as such tax has been increased by legal interest, fees 671 |
---|
821 | 821 | | and charges, by making out and filing, within the time limited by section 672 |
---|
822 | 822 | | 12-174 or 12-175, as amended by this act, in the office of the town clerk 673 |
---|
823 | 823 | | of the town wherein such real estate is situated, a certificate containing 674 |
---|
824 | 824 | | the following information: (1) The name of the person against whom 675 |
---|
825 | 825 | | such tax appears in the rate bill; (2) a description of such real estate; (3) 676 |
---|
826 | 826 | | the principal of such tax due thereon, the amount of which, with 677 |
---|
827 | 827 | | interest, if any, and fees and other charges, is secured by such lien; (4) 678 |
---|
828 | 828 | | the date or dates when the principal of such tax became due; and (5) a 679 |
---|
829 | 829 | | statement giving notice of his intention to file a lien pursuant to sections 680 |
---|
830 | 830 | | 12-172 and 49-73a to 49-73i, inclusive, against the proceeds of any policy 681 |
---|
831 | 831 | | of insurance providing coverage for loss or damage caused by fire, if a 682 |
---|
832 | 832 | | loss or damage has occurred. The town clerk shall record such certificate 683 |
---|
833 | 833 | | in the land records. Any tax lien so continued, when the tax has been 684 |
---|
834 | 834 | | paid with interest, fees and charges as provided by law, shall be 685 |
---|
835 | 835 | | discharged by a certificate of the then collector of taxes. Such certificate 686 |
---|
836 | 836 | | of release shall be delivered by such collector to the town clerk, who 687 |
---|
837 | 837 | | shall record it in the land records. 688 |
---|
838 | 838 | | Sec. 20. Section 12-175 of the general statutes is repealed and the 689 |
---|
839 | 839 | | following is substituted in lieu thereof (Effective July 1, 2025): 690 |
---|
840 | 840 | | In addition to the method of procuring the continuance of the lien 691 |
---|
841 | 841 | | provided in section 12-174, the tax collector of any municipality [may] 692 |
---|
842 | 842 | | shall continue any tax lien upon any item of real estate by making out a 693 |
---|
843 | 843 | | certificate containing the information required by the provisions of 694 |
---|
844 | 844 | | section 12-173, as amended by this act. Each certificate [authorized] 695 |
---|
845 | 845 | | required by the provisions of this section shall be filed in the office of 696 |
---|
846 | 846 | | the town clerk of the town in which such real estate is situated not later 697 |
---|
847 | 847 | | than two years after the first installment of the tax, or the whole tax in 698 |
---|
848 | 848 | | Raised Bill No. 7154 |
---|
849 | 849 | | |
---|
850 | 850 | | |
---|
851 | 851 | | |
---|
852 | 852 | | LCO No. 5748 23 of 28 |
---|
853 | 853 | | |
---|
854 | 854 | | case installment payments are not authorized, has become due, and the 699 |
---|
855 | 855 | | town clerk shall record such certificate in the land records of such town, 700 |
---|
856 | 856 | | provided the tax collector shall notify the owner of such real estate of 701 |
---|
857 | 857 | | the intent to file a lien by mail not later than fifteen days prior to the 702 |
---|
858 | 858 | | filing of such lien. Failure to notify such owner shall not affect the 703 |
---|
859 | 859 | | validity of the lien. Each such tax, as it may have been increased by 704 |
---|
860 | 860 | | interest, fees and charges provided for by law, shall remain a lien upon 705 |
---|
861 | 861 | | such real estate from the date of the filing of such certificate; and any tax 706 |
---|
862 | 862 | | lien so continued, when the amount due has been paid, may be 707 |
---|
863 | 863 | | discharged by a certificate of the then tax collector recorded in such land 708 |
---|
864 | 864 | | records; but any tax lien upon private property which has been recorded 709 |
---|
865 | 865 | | in the land records of any town for more than fifteen years from the due 710 |
---|
866 | 866 | | date of the tax shall be invalid, and such property shall be free from the 711 |
---|
867 | 867 | | encumbrance of such lien, unless an action of foreclosure has been 712 |
---|
868 | 868 | | commenced during such period of fifteen years and a notice of lis 713 |
---|
869 | 869 | | pendens filed for record, and the tax collector shall, if no such notice has 714 |
---|
870 | 870 | | been filed, upon the request of any interested person, discharge such 715 |
---|
871 | 871 | | lien of record by filing a discharge of lien in the office of the town clerk, 716 |
---|
872 | 872 | | and the town clerk shall record a discharge of lien in the land records. 717 |
---|
873 | 873 | | Sec. 21. Section 12-177 of the general statutes is repealed and the 718 |
---|
874 | 874 | | following is substituted in lieu thereof (Effective July 1, 2025): 719 |
---|
875 | 875 | | Any [town having a population of more than one hundred thousand 720 |
---|
876 | 876 | | as shown by the last United States census and any municipality 721 |
---|
877 | 877 | | coterminous with or within any such town] municipality may enact an 722 |
---|
878 | 878 | | ordinance, specifying the manner by which certificates continuing tax 723 |
---|
879 | 879 | | liens shall, without copying and after binding, be incorporated into the 724 |
---|
880 | 880 | | land records of such [town] municipality, provided, directly after each 725 |
---|
881 | 881 | | certificate of continuance of a tax lien, a vacant space shall be left for the 726 |
---|
882 | 882 | | release, in due course, of such tax lien. Such ordinance may specify the 727 |
---|
883 | 883 | | forms of certificates of continuance and of release of tax liens, the 728 |
---|
884 | 884 | | number of such certificates of continuance and of release to appear on 729 |
---|
885 | 885 | | each page and the form, method and time of binding of such pages into 730 |
---|
886 | 886 | | one or more tax lien books for the land records of such town. Any action 731 |
---|
887 | 887 | | Raised Bill No. 7154 |
---|
888 | 888 | | |
---|
889 | 889 | | |
---|
890 | 890 | | |
---|
891 | 891 | | LCO No. 5748 24 of 28 |
---|
892 | 892 | | |
---|
893 | 893 | | so taken may be amended, rescinded or otherwise altered at any time 732 |
---|
894 | 894 | | by the enactment of a supplementary ordinance. Each such ordinance 733 |
---|
895 | 895 | | shall be a matter of public record and shall not be applicable until thirty 734 |
---|
896 | 896 | | days from the date of its enactment. The tax collector or other agency 735 |
---|
897 | 897 | | authorized by law of any [town or] municipality proceeding under this 736 |
---|
898 | 898 | | section shall continue tax liens by certificate in the manner and form 737 |
---|
899 | 899 | | prescribed by the latest applicable ordinance and shall within the time 738 |
---|
900 | 900 | | limited by law, file such certificates with the proper [town] municipal 739 |
---|
901 | 901 | | clerk. The [town] municipal clerk shall forthwith index such certificates 740 |
---|
902 | 902 | | in the index records of his office and shall, if such original certificates 741 |
---|
903 | 903 | | are not already bound, bind them into one or more volumes, which shall 742 |
---|
904 | 904 | | constitute a part of the land records in his office. While such certificates 743 |
---|
905 | 905 | | are being so bound, the reference to any such tax lien in the index 744 |
---|
906 | 906 | | records of the office of the [town] municipal clerk shall constitute a 745 |
---|
907 | 907 | | sufficient notice to all parties as to the existence and priority of such lien. 746 |
---|
908 | 908 | | Such tax collector or other agency authorized by law shall make out a 747 |
---|
909 | 909 | | certificate releasing any such tax lien when the total amount represented 748 |
---|
910 | 910 | | by such lien has been paid or otherwise legally disposed of. Each such 749 |
---|
911 | 911 | | certificate of release shall be filed with the [town] municipal clerk, who 750 |
---|
912 | 912 | | shall record such release in the space provided therefor directly after the 751 |
---|
913 | 913 | | applicable certificate of continuance. All such certificates of release shall 752 |
---|
914 | 914 | | be preserved by the [town] municipal clerk. Except as provided in this 753 |
---|
915 | 915 | | section, all provisions of the statutes and of relevant special acts relating 754 |
---|
916 | 916 | | to tax liens shall continue to apply to all [towns and] municipalities. 755 |
---|
917 | 917 | | Sec. 22. Section 12-195d of the general statutes is repealed and the 756 |
---|
918 | 918 | | following is substituted in lieu thereof (Effective July 1, 2025): 757 |
---|
919 | 919 | | The lien shall be effective for a period of fifteen years from the date 758 |
---|
920 | 920 | | of filing unless discharged as provided in section 12-195g. A notice of 759 |
---|
921 | 921 | | tax lien shall not be effective if filed more than two years from the date 760 |
---|
922 | 922 | | [of assessment for] the taxes [claimed to be] were due. 761 |
---|
923 | 923 | | Sec. 23. Subdivision (4) of subsection (e) of section 21-80 of the general 762 |
---|
924 | 924 | | statutes is repealed and the following is substituted in lieu thereof 763 |
---|
925 | 925 | | Raised Bill No. 7154 |
---|
926 | 926 | | |
---|
927 | 927 | | |
---|
928 | 928 | | |
---|
929 | 929 | | LCO No. 5748 25 of 28 |
---|
930 | 930 | | |
---|
931 | 931 | | (Effective July 1, 2025): 764 |
---|
932 | 932 | | (4) At the hearing on the petition, the court shall determine whether 765 |
---|
933 | 933 | | all the requirements of subdivisions (1), (2) and (3) of this subsection 766 |
---|
934 | 934 | | have been satisfied and, if they have, shall also determine whether the 767 |
---|
935 | 935 | | home has been abandoned. If such requirements have been satisfied and 768 |
---|
936 | 936 | | such home has been abandoned, the court shall order the owner of the 769 |
---|
937 | 937 | | mobile manufactured home park to conduct a public sale of the home. 770 |
---|
938 | 938 | | Nothing in this section shall preclude the court from deferring the entry 771 |
---|
939 | 939 | | of an order requiring sale and from issuing other appropriate orders, if 772 |
---|
940 | 940 | | the court finds that, within a reasonable period of time, the owner of the 773 |
---|
941 | 941 | | mobile manufactured home will remove the home from the lot or 774 |
---|
942 | 942 | | dispose of the home by sale or will make other appropriate 775 |
---|
943 | 943 | | arrangements with the park owner. The order directing sale shall 776 |
---|
944 | 944 | | require notice which includes a conspicuous statement that the sale will 777 |
---|
945 | 945 | | extinguish all previous ownership and lien rights, except municipal tax 778 |
---|
946 | 946 | | liens. Notice shall be given by certified or registered mail, return receipt 779 |
---|
947 | 947 | | requested, to all persons entitled to notice of the petition. Notice shall 780 |
---|
948 | 948 | | also be posted conspicuously at the entrance of the home and shall be 781 |
---|
949 | 949 | | advertised at least three times in the real estate section of a daily paper 782 |
---|
950 | 950 | | with general circulation in the area where the park is situated. Any 783 |
---|
951 | 951 | | person, including a lienholder or the owner of the mobile manufactured 784 |
---|
952 | 952 | | home park, may bid at the sale. The proceeds of such sale shall be 785 |
---|
953 | 953 | | applied first to the costs of the sale and then to the payment of 786 |
---|
954 | 954 | | lienholders in the order of the priority of their liens. If proceeds remain 787 |
---|
955 | 955 | | thereafter they shall be paid over to the owner of the mobile 788 |
---|
956 | 956 | | manufactured home. Upon conclusion of the sale, the park owner shall 789 |
---|
957 | 957 | | file an affidavit with the court setting forth the nature of its compliance 790 |
---|
958 | 958 | | with the court's order of sale. The court, upon finding compliance with 791 |
---|
959 | 959 | | its order, shall issue a conveyance of title and release of liens, if any, to 792 |
---|
960 | 960 | | the purchaser for filing in the land records, which shall constitute good 793 |
---|
961 | 961 | | title to the home subject to any outstanding municipal tax liens and the 794 |
---|
962 | 962 | | provisions of section 21-67a, and no execution shall issue on the original 795 |
---|
963 | 963 | | summary process action. 796 |
---|
964 | 964 | | Raised Bill No. 7154 |
---|
965 | 965 | | |
---|
966 | 966 | | |
---|
967 | 967 | | |
---|
968 | 968 | | LCO No. 5748 26 of 28 |
---|
969 | 969 | | |
---|
970 | 970 | | Sec. 24. Section 52-483 of the general statutes is repealed and the 797 |
---|
971 | 971 | | following is substituted in lieu thereof (Effective July 1, 2025): 798 |
---|
972 | 972 | | When any temporary injunction is granted to restrain a sale on 799 |
---|
973 | 973 | | execution or tax warrant, the injunction order may direct the levying 800 |
---|
974 | 974 | | officer to adjourn the sale in such manner and for such time as the order 801 |
---|
975 | 975 | | may prescribe. If no such direction is given, such officer nevertheless 802 |
---|
976 | 976 | | may adjourn the sale, from time to time or for an indefinite time, while 803 |
---|
977 | 977 | | the injunction remains in force; and, while such sale is so adjourned, the 804 |
---|
978 | 978 | | lien created by the levy shall remain in force. 805 |
---|
979 | 979 | | This act shall take effect as follows and shall amend the following |
---|
980 | 980 | | sections: |
---|
981 | 981 | | |
---|
982 | 982 | | Section 1 October 1, 2025, and |
---|
983 | 983 | | applicable to assessment |
---|
984 | 984 | | years commencing on or |
---|
985 | 985 | | after October 1, 2025 |
---|
986 | 986 | | 7-254(a) |
---|
987 | 987 | | Sec. 2 October 1, 2025, and |
---|
988 | 988 | | applicable to assessment |
---|
989 | 989 | | years commencing on or |
---|
990 | 990 | | after October 1, 2025 |
---|
991 | 991 | | 7-258(a) |
---|
992 | 992 | | Sec. 3 July 1, 2025 12-41(c) |
---|
993 | 993 | | Sec. 4 July 1, 2025 12-93a(b) |
---|
994 | 994 | | Sec. 5 July 1, 2025 12-117a(a)(1) |
---|
995 | 995 | | Sec. 6 July 1, 2025 12-126 |
---|
996 | 996 | | Sec. 7 July 1, 2025 12-127 |
---|
997 | 997 | | Sec. 8 July 1, 2025 12-128 |
---|
998 | 998 | | Sec. 9 July 1, 2025 12-129 |
---|
999 | 999 | | Sec. 10 July 1, 2025 12-144 |
---|
1000 | 1000 | | Sec. 11 July 1, 2025 12-145 |
---|
1001 | 1001 | | Sec. 12 July 1, 2025 12-146 |
---|
1002 | 1002 | | Sec. 13 July 1, 2025 12-146a |
---|
1003 | 1003 | | Sec. 14 July 1, 2025 12-155(a) |
---|
1004 | 1004 | | Sec. 15 July 1, 2025 12-157 |
---|
1005 | 1005 | | Sec. 16 July 1, 2025 12-159b |
---|
1006 | 1006 | | Sec. 17 July 1, 2025 12-166 |
---|
1007 | 1007 | | Sec. 18 July 1, 2025 12-169a(c) |
---|
1008 | 1008 | | Sec. 19 July 1, 2025 12-173(a) |
---|
1009 | 1009 | | Raised Bill No. 7154 |
---|
1010 | 1010 | | |
---|
1011 | 1011 | | |
---|
1012 | 1012 | | |
---|
1013 | 1013 | | LCO No. 5748 27 of 28 |
---|
1014 | 1014 | | |
---|
1015 | 1015 | | Sec. 20 July 1, 2025 12-175 |
---|
1016 | 1016 | | Sec. 21 July 1, 2025 12-177 |
---|
1017 | 1017 | | Sec. 22 July 1, 2025 12-195d |
---|
1018 | 1018 | | Sec. 23 July 1, 2025 21-80(e)(4) |
---|
1019 | 1019 | | Sec. 24 July 1, 2025 52-483 |
---|
1020 | 1020 | | |
---|
1021 | 1021 | | Statement of Purpose: |
---|
1022 | 1022 | | To (1) authorize water pollution control authorities to set alternative |
---|
1023 | 1023 | | payment deadlines, (2) require disclosure of commercial or financial |
---|
1024 | 1024 | | information in declarations of personal property to municipal officers |
---|
1025 | 1025 | | upon request, (3) specify that a municipality may withhold and offset a |
---|
1026 | 1026 | | tax refund against a taxpayer's delinquencies, (4) specify that pending |
---|
1027 | 1027 | | assessment appeals shall not suspend a municipality's authority to file |
---|
1028 | 1028 | | a lien continuance certificate, (5) increase from five dollars to twenty |
---|
1029 | 1029 | | dollars the amount of a tax overpayment a municipality may retain, (6) |
---|
1030 | 1030 | | increase from one hundred dollars to five hundred dollars the |
---|
1031 | 1031 | | maximum amount of a tax bill that is billable in a single installment, (7) |
---|
1032 | 1032 | | authorize tax collectors to give notice to pay taxes in any newspaper |
---|
1033 | 1033 | | having general circulation in a municipality, (8) require municipalities |
---|
1034 | 1034 | | to waive all or a portion of interest due on a delinquent tax payment |
---|
1035 | 1035 | | upon the demonstration of the taxpayer that such payment was stolen, |
---|
1036 | 1036 | | (9) require municipalities and district health departments to decline to |
---|
1037 | 1037 | | issue certain licenses to businesses that are tax-delinquent, (10) specify |
---|
1038 | 1038 | | that written demand for payment of certain municipal taxes and charges |
---|
1039 | 1039 | | addressed to one person responsible for such payment shall serve as |
---|
1040 | 1040 | | notice to all persons responsible for such payment, (11) specify that |
---|
1041 | 1041 | | notice of a tax warrant on real estate sent to a deceased owner's estate or |
---|
1042 | 1042 | | fiduciary shall be adequate notice to such decedent's heirs, devisees, |
---|
1043 | 1043 | | representatives and other claimants, (12) specify that a tax sale may be |
---|
1044 | 1044 | | adjourned to a time to be determined at a later date, (13) permit |
---|
1045 | 1045 | | redemption of tax delinquent real property after receipt of notice of a |
---|
1046 | 1046 | | tax warrant on such property, (14) specify that an applicant for payment |
---|
1047 | 1047 | | of tax sale overages need not serve notice of such application on persons |
---|
1048 | 1048 | | having an interest of record in the property if there are no such persons |
---|
1049 | 1049 | | other than the applicant, (15) specify when a property that was the |
---|
1050 | 1050 | | subject of a tax sale shall have a marketable and insurable title, (16) |
---|
1051 | 1051 | | authorize municipalities to designate a place on any property tax bill for |
---|
1052 | 1052 | | taxpayers to donate any amount to a local scholarship fund, (17) make |
---|
1053 | 1053 | | the recording of lien continuance certificates by municipal tax collectors |
---|
1054 | 1054 | | mandatory rather than optional, (18) specify that any municipality may |
---|
1055 | 1055 | | Raised Bill No. 7154 |
---|
1056 | 1056 | | |
---|
1057 | 1057 | | |
---|
1058 | 1058 | | |
---|
1059 | 1059 | | LCO No. 5748 28 of 28 |
---|
1060 | 1060 | | |
---|
1061 | 1061 | | enact an ordinance specifying the manner by which certificates |
---|
1062 | 1062 | | continuing tax liens are incorporated into land records, (19) specify that |
---|
1063 | 1063 | | notice of a tax lien shall not be effective if filed more than two years from |
---|
1064 | 1064 | | the date such taxes were due, rather than two years from the date of |
---|
1065 | 1065 | | assessment, (20) specify that the sale of an abandoned mobile home shall |
---|
1066 | 1066 | | extinguish previous ownership and lien rights, except municipal tax |
---|
1067 | 1067 | | liens, and (21) make minor and technical changes to statutes relating to |
---|
1068 | 1068 | | municipal tax collection. |
---|
1069 | 1069 | | |
---|
1070 | 1070 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
---|
1071 | 1071 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
---|
1072 | 1072 | | underlined.] |
---|
1073 | 1073 | | |
---|