You asked for an update on OLR Report 2009-R-0077, which discusses the legislative history of Special Act 231 of 1899, the incorporation of the Wheeler School and Library. Specifically, you asked for a comparison of the text of the original act to the text of the amendment.

SUMMARY

Special Act 231 was amended only once, in 1990 by Special Act 36. The amendment affected four sections of the original Act and added a new section.

CHANGES TO THE TEXT OF THE SPECIAL ACT

Special Act 231 was amended in 1990 by Special Act 36. S.A. 90-36 affected sections one, three, four, and five by adding or eliminating text. It also added a sixth section.

Section one was changed simply by eliminating the word “forever.” Section one originally read:

That Thomas B. Hewitt of the borough of Brooklyn in the city of New York, state of New York, Bernadette Perrin of New Haven, Connecticut, Junius Spencer Morgan of Princeton, New Jersey, William B. Cary of North Stonington, Connecticut, William C. Stiles of Stonington, Connecticut, Amos A. Browning of Norwich, Connecticut and their successors, to be chosen as vacancies occur hereinafter provided, be and they hereby are constituted a body politic and corporate forever under the name of The Wheeler School and Library, to be located in the town of North Stonington, Connecticut.

1899 Conn. Spec. Acts 231 (emphasis on the word eliminated by the Special Act).

Section three was amended by both the elimination and addition of text. It originally read:

The members of the corporation at any time shall be its board of directors. Membership shall continue for life, subject, however, to the right of resignation, and subject to any power of removal under the by-laws, provided that the above-named William B. Cary and William C. Stiles shall respectively continue to be such members only so long as they respectively continue to be pastors of churches in said towns of North Stonington and Stonington. Vacancies occasioned by death, resignation, or otherwise, shall be filled from time to time as they occur by the remaining members, so that a majority of the same at all times shall be non-residents of said town of North Stonington.

1899 Conn. Spec. Acts 231.

The amendment changed this section to read:

The business, property and affairs of the corporation shall be managed by a board of directors. The number of the directors of the corporation shall be six persons, unless and until otherwise determined by vote of a two-thirds majority of the entire board of directors, provided the number of directors shall not be less than six persons. Membership shall continue for life, subject, however, to the right of resignation, and subject to any power of removal under the bylaws. Vacancies occasioned by death, resignation, or otherwise shall be filed from time to time as they occur by remaining members of the board.

1990 Conn. Spec. Acts 90-36 (emphasis on the words added by the Special Act).

Section four was affected by both the elimination and addition of words. The original text read:

Said corporation is empowered to acquire by purchase, gift, bequest, or devise, and to hold, sell, and convey any real estate and personal estate not exceeding in value altogether one hundred and fifty thousand dollars, and also to receive by gift, bequest, or devise any property, real or personal, under such lawful conditions and restrictions as to its use as may be imposed by the donor.

1899 Conn. Spec. Acts 231.

The amended version changed this to: “The Board is empowered to acquire … and convey any real estate necessary or convenient for the purposes of the corporation and also to receive by gift ….” 1990 Conn. Spec. Acts 90-36 (emphasis on the words added by the special act).

Section five was changed by the deletion of the words “Said corporation” and adding in its place “the board.” The section originally stated:

Said corporation is also empowered to contract; to make, alter, and repeal by-laws for the management of such school and library, and any property it may have, not inconsistent with this act or with the laws of this state; to elect a president and other officers and agents and to remove the same in the manner to be provided in its by-laws, and generally to have and exercise such corporate powers and functions as may be necessary for the purposes aforesaid.

The amended version states: “The board is also empowered to contract ….” 1990 Conn. Spec. Acts 90-36 (emphasis on the words added).

Special Act 90-36 also added a completely new section to Special Act 231 of 1899. This new section, six, states:

Adoption, repeal or amendment if the bylaws of the board shall require a vote of two-thirds of the members of the board voting thereon. No bylaw provision prescribing the vote required to amend the bylaws or any provision thereof shall itself be amended by a lesser vote.

JLR:df