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Substitute House Bill No. 5589

Public Act No. 03-256

AN ACT CONCERNING THE AUTHORITY OF SPECIAL DISTRICTS, TERMINATION OF LOCAL BOARDS BY ORDINANCE, VALIDATION OF THE ASSESSMENT LISTS AND ABSTRACTS IN THE TOWNS OF WARREN AND HARTLAND AND CONCERNING THE LAKE CHAFFEE IMPROVEMENT ASSOCIATION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective from passage) Notwithstanding the provisions of any special act or sections 7-324 to 7-329, inclusive, of the general statutes, any district established in 1839 by special act may, by majority of the voters present at the annual meeting or any special meeting of the district called in accordance with the provisions of such special act, provide for the following: (1) An increase in the number of commissioners from three to five, (2) voting by voting machine from six o'clock a. m. to eight o'clock p. m. for an annual or special meeting, and (3) notice, in writing, by a person intending to run for commissioner to the clerk of the city or town in which such district is located of such person's intent to run not later than thirty days prior to such meeting. Such clerk shall publish the names of each such candidate and a description of any issue to be placed on the ballot of such meeting in a newspaper having a general circulation in such city or town, not later than fifteen days prior to such meeting.

Sec. 2. Section 7-192 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Every charter, special act and home rule ordinance in effect on October 1, 1982, shall continue in effect until repealed or superseded by the adoption of a charter, charter amendments or home rule ordinance amendments in accordance with this chapter, the provisions in any charter in existence on said date governing revision or amendment to the contrary notwithstanding. Nothing in this section shall prohibit the adoption of a revised home rule ordinance or home rule ordinance amendments by any method established in such home rule ordinance if the provisions concerning such method were in effect on July 15, 1959. Any municipality administering its local affairs under the provisions of the general statutes or special acts adopted prior to said date may continue to so administer its local affairs until the electors of such municipality avail themselves of the provisions of this chapter. Any municipality having as its organic law a home rule ordinance or a revised or amended home rule ordinance shall after any revision or amendment of such ordinance publish, in a single document, any such home rule ordinance and shall make such ordinance available at a nominal cost to any member of the public.

(b) Notwithstanding the provisions of subsection (a) of this section, the provisions of any special act relative to the number of holders of an office, or members of a board, commission, department or agency of a municipality (1) which does not administer its affairs under a charter, and (2) for which the legislative body, as defined in section 1-1, is a town meeting may be superseded by adoption of a municipal ordinance that is not otherwise inconsistent with the Constitution of the state or the general statutes.

(c) Notwithstanding the provisions of subsection (a) of this section, any consolidated town and city which (1) was consolidated in 1902, (2) has a mayor and board of aldermen form of government, and (3) has a population of more than one hundred thousand may terminate a parking authority established by special act in such consolidated town and city upon majority vote of the board of aldermen. The clerk of any such consolidated town and city shall notify the Secretary of the State of such termination not more than ten days after such vote.

(d) Notwithstanding the provisions of subsection (a) of this section, any municipality which (1) was incorporated in 1784, (2) administers its affairs under a charter and for which the legislative body is a town meeting, and (3) has a population of less than twelve thousand may terminate a board of health established in the municipality by special act by adoption of an ordinance that is not otherwise inconsistent with the Constitution of the state or the general statutes.

Sec. 3. (Effective from passage) (a) Notwithstanding the provisions of sections 12-55, 12-62, 12-117 and 12-110 to 12-112, inclusive, of the general statutes, the assessment lists and the abstracts thereof compiled for the assessment year commencing October 1, 2002, and the actions of the assessors and the boards of assessment appeals of the towns of Warren and Hartland with respect to such assessment lists and abstracts thereof for the assessment year commencing October 1, 2002, which assessment lists and abstracts were not signed by an assessor certified in accordance with section 12-40a of the general statutes and filed by the assessors in said towns within the time period required in accordance with sections 12-55, 12-62 and 12-117 of the general statutes, and in relation to which hearings were not held by the boards of assessment appeals in said towns within the time period required in accordance with sections 12-110 to 12-112, inclusive, of the general statutes shall not, because of such omissions, be adjudged void or defective. Said assessment lists and abstracts and determinations of the boards of assessment appeals are hereby validated and made binding upon said towns and any taxes which are imposed with respect to said assessment lists and abstracts may be levied and collected, provided said assessment lists and abstracts shall be completed and filed, and said determinations of the boards of assessment appeals shall be completed, not later than June 15, 2003.

(b) A certification of compliance filed pursuant to regulations adopted under section 12-62i of the general statutes for the assessment year commencing October 1, 2002, shall be valid notwithstanding the fact that such certification was not signed by an assessor certified in accordance with section 12-40a of the general statutes, provided all other requirements of said regulations are met.

Sec. 4. Section 8 of number 86 of the special acts of 1957, as amended by section 2 of special act 88-19, is amended to read as follows (Effective from passage):

The territorial limits of said association shall constitute a separate taxing district within the town of Ashford, and the executive board shall prepare and submit to said association at each annual meeting a budget and recommend a tax for the purpose of and based on the budget, such tax to be not less than twenty-five dollars nor more than [fifty] one hundred twenty-five dollars assessed on each member as the same may appear on record during the month of May next preceding the annual meeting. Said association, at any annual meeting, shall have the power to increase or decrease such budget and the rate of taxation recommended by said board, within the foregoing limits. The rate of taxation so recommended by said board shall be final unless increased or decreased by the association at such annual meeting. The tax so laid shall be collected by the treasurer or by any collector specially appointed by the executive board for the purpose, and warrants shall be issued for the collection of money due on such rate bill pursuant to the provisions of section 12-130 of the general statutes. Said association shall have the power to determine all other matters pertaining to the levy or collection of such taxes. Written notice of the rate of such tax and the amount thereof shall be sent by the treasurer or collector to each member of the association before October first in each year, on which date such tax shall be due and payable and in the manner stated therein, and if such tax shall not be paid when due, it shall bear interest at the rate of ten per cent per annum. The treasurer or other collector shall have all the powers of collectors of town taxes and shall be accountable to the board in the same manner as town tax collectors are accountable to selectmen. Such tax shall be a lien upon the property upon which it shall be laid and may be collected by suit in the name of the association by foreclosure of such lien or in such manner as town taxes may be collected. Such lien may be continued by certificate which shall be recorded in the land records of the town of Ashford, pursuant to the provisions of the general statutes relating to the continuance of tax liens.

Approved June 26, 2003