You asked for the legislative history of the addition of the word "otherwise" to the law giving municipalities the power to adopt and amend a charter that includes the provisions of any special act but "shall not otherwise be inconsistent with the constitution or General Statutes. "

The law authorizing a municipality to adopt or amend a charter (CGS § 7-188) allows it to incorporate any special act related to the town even though it may be inconsistent with the General Statutes or the constitution. In 1987, the General Assembly passed a bill that, among other things, added the word "otherwise" to that section of the law on municipal charters ("An Act Concerning the Appointment of a Municipal Historian, the Effect of Charter Adoption or Amendment on Existing Special Acts, the Exercise of Zoning Powers by Legislative Bodies, and Participation by Certain State Military Units in Parades and Ceremonies," PA 87-278). By doing so, the legislature made it clear that charters may be inconsistent with the General Statutes to the extent that previous special acts incorporated into them are inconsistent. Prior law stated that the entire charter, including incorporated special act provisions, had to be consistent with the statutes and constitution.

The Planning and Development Committee raised the original bill ("An Act Requiring Each Town to Appoint a Town Historian," SB 50) to give towns the authority to appoint a municipal historian and the public hearing testimony addressed only that provision. The bill the committee approved and sent to the Senate included the section in question, amending subsection (a) of § 7-188 by adding the word "otherwise. " The Senate passed the bill on the consent calendar without discussing that section of the bill. In the House, Representative Fonfara brought the bill out, saying:

The bill would also clarify language for what is believed to be already law. Presently, municipalities have the power to amend their charters and to continue to incorporate any special acts conferred by this legislature which may be inconsistent with the State statute regarding charter revisions.

The language change simply clarifies that municipalities which may have provisions in their charter which are inconsistent with the State statute but have previously been conferred by special act...may continue to incorporate those special acts, so long as they are not inconsistent with the present statutes beyond that spelled out in special act (House Proceedings, May 15, 1987, pp. 6806-7).

The House passed the bill by a vote of 126-3.

MMJ: eh