Bill Text: CT HB05087 | 2015 | General Assembly | Comm Sub


Bill Title: An Act Concerning Municipal Charter Revision.

Spectrum: Partisan Bill (? 1-0)

Status: (Introduced - Dead) 2015-04-08 - File Number 509 [HB05087 Detail]

Download: Connecticut-2015-HB05087-Comm_Sub.html

General Assembly

 

Substitute Bill No. 5087

    January Session, 2015

 

*_____HB05087PD____032315____*

AN ACT CONCERNING MUNICIPAL CHARTER REVISION.

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

Section 1. Section 7-190 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(a) Within thirty days after such action has been initiated by vote of the appointing authority or by certification of a petition, the appointing authority shall by resolution appoint a commission consisting of not fewer than five nor more than fifteen electors, not more than one-third of whom may hold any other public office in the municipality and not more than a bare majority of whom shall be members of any one political party, which commission shall proceed forthwith to draft a charter, or amendments to the existing charter, or amendments to the home rule ordinance, as the case may be.

(b) The appointing authority shall direct the commission to consider those recommendations included in the petition and may make other recommendations to the commission. The commission may also consider other items for inclusion in the proposed charter, other changes to the charter or home rule ordinance and such other items as it deems desirable or necessary. The commission shall in its reports comment on each recommendation which it has been directed to consider, if any, and on such other changes or items. The appointing authority shall specify by resolution when the commission shall submit its draft report, which shall be not later than sixteen months from the date of its appointment.

(c) On and after the effective date of this section, the appointing authority shall appoint a commission, in accordance with the procedure set forth in subsection (a) of this section, to review the charter or home rule ordinance, as applicable, in its entirety once every ten years. If the commission determines that such charter or home rule ordinance requires amendment, the commission shall prepare a draft report summarizing any such amendments. Any such proposed amendments shall be subject to the procedure set forth in subsections (a) to (g), inclusive, of section 7-191, as amended by this act. The appointing authority shall specify by resolution when the commission shall submit the draft report required pursuant to this subsection, which shall be not later than sixteen months from the date of its appointment.

[(c)] (d) The commission shall terminate upon acceptance or rejection of its final report by the appointing authority.

Sec. 2. Section 7-191 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(a) The commission shall hold at least two public hearings on the proposed charter, charter amendments or home rule ordinance amendments; one prior to the beginning of any substantive work on such charter, charter amendments or home rule ordinance amendments, and one after the draft report to the appointing authority has been completed, but not submitted, after which hearings the commission may amend such report. The commission may hold such other public hearings as it deems necessary.

(b) The commission shall submit its draft report, including the proposed charter, charter amendments or home rule ordinance amendments, to the clerk of the municipality, who shall transmit such report to the appointing authority. The appointing authority shall hold at least one public hearing on the draft report and shall hold its last hearing not later than forty-five days after the submission of the draft report to such clerk. Not later than fifteen days after its last hearing, the appointing authority shall make recommendations to the commission for such changes in the draft report as it deems desirable.

(c) If the appointing authority makes no recommendations for changes in the draft report to the commission within such fifteen days, the report of the commission shall be final and the appointing authority shall act on such report. If the appointing authority makes recommendations for changes in the draft report to the commission, the commission shall confer with the appointing authority concerning any such recommendations and may amend any provisions of the proposed charter, charter amendments or home rule ordinance amendments, in accordance with such recommendations, or the commission may reject such recommendations. In either case the commission shall make its final report to the appointing authority not later than thirty days after receiving such recommendations.

(d) Not later than fifteen days after receiving the final report, the appointing authority, by a majority vote of its entire membership, shall either approve the proposed charter, charter amendments or home rule ordinance amendments or reject the same or separate provisions thereof. Not later than forty-five days after a vote of the appointing authority to reject such matter, a petition for a referendum thereon, signed by not less than ten per cent of the electors of such municipality, as determined by the last-completed registry list thereof, and filed and certified in accordance with the provisions of section 7-188, may be presented to the appointing authority. Not later than thirty days after approval by the appointing authority or the certification of such a petition (1) the proposed charter shall be published in full at least once in a newspaper having a general circulation in the municipality, or (2) the portion of the charter or home rule ordinance being amended shall be published at least once in a newspaper having a general circulation in the municipality with a notice that a complete copy of the charter or home rule ordinance and amendment is available in the town clerk's office and that a copy shall be mailed to any person who requests a copy. The town clerk shall mail or otherwise provide such copy to any person who requests a copy.

(e) The appointing authority shall, by a majority vote of its entire membership, determine whether the proposed charter, charter amendments or home rule ordinance amendments shall be submitted to the electors for approval or rejection at a regular election or at a special election warned and held for that purpose, which shall be held not later than fifteen months after either the approval by the appointing authority or the certification of a petition for a referendum.

(f) The proposed charter, charter amendments or home rule ordinance amendments shall be prepared for the ballot by the appointing authority and may be submitted in the form of one or several questions; and, if approved by a majority of the electors of the municipality voting thereon at a regular election or if approved by a majority which number equals at least fifteen per cent of the electors of the municipality as determined by the last-completed active registry list of such municipality at a special election, such proposed charter, charter amendments or home rule ordinance amendments shall become effective thirty days after such approval unless an effective date or dates are specified therein, in which event the date or dates specified shall prevail.

(g) Not later than thirty days after the approval by the electors of any proposed charter, charter amendments or home rule ordinance amendments, the town or city clerk shall file, with the Secretary of the State, (1) three certified copies thereof, with the effective date or dates indicated thereon, and (2) in the case of the approval of charter or home rule ordinance amendments, three certified copies of the complete charter or ordinance incorporating such amendments. The Secretary of the State shall distribute two copies, whether tangible or intangible in form, to the State Library, where a file of such charters, charter amendments and home rule ordinance amendments shall be kept for public inspection.

(h) The municipal legislative body may make minor and technical revisions to the charter or home rule ordinance without following the procedure set forth in subsections (a) to (g), inclusive, of this section provided such revisions are deemed minor and technical by a two-thirds majority vote of such legislative body.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2015

7-190

Sec. 2

October 1, 2015

7-191

PD

Joint Favorable Subst.

 
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