Bill Summary – FastDemocracy

General Assembly                       Raised Bill No. 467
       February Session, 2020                LCO No. 2993
     Referred to Committee on PLANNING AND DEVELOPMENT
     Introduced by:
       (PD)
 AN ACT CONCERNING THE METROPOLITAN DISTRICT OF
 HARTFORD COUNTY.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
      Section 1. Section 19 of number 511 of the special acts of 1929 is
    amended to read as follows (Effective July 1, 2020):
       No bonds, notes or other certificates of debt, except such as are to
   mature in six months or less and to be paid from current taxes shall be
   issued under authority of [this act] number 511 of the special acts of 1929
   if such issue shall bring the total outstanding indebtedness of the district
   to an amount in excess of five per centum of the combined grand lists of
   said district unless otherwise provided by special act. The grand lists for
   the purpose of this section shall be deemed to include the assessed value
   of all shares of capital stock the taxes on which are required by section
   1205 of the general statutes, revision of 1918, as amended to be remitted
   annually to the towns and cities composing the district by the state. In
   computing the total outstanding indebtedness of the district for the
   purposes of this section, there shall be deducted the amount of the
   district's sinking fund, the amount of bonds issued for the supply of
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 water or for the construction of subways or underground conduits for
 cables, wires or pipes, the principal amount of all such bonds having
 been refunded or replaced by other indebtedness the proceeds and
 projected earnings on which or other funds are held in escrow to pay
 and are sufficient to pay the principal, interest and any redemption
 premium until maturity or earlier planned redemption of such
 indebtedness and the amount of such other bonds of the district as may
 be issued under any act of the legislature, especially providing that the
 bonds issued [thereunder] under any such act shall be deducted in
 computing the total outstanding indebtedness of the district.
    Sec. 2. Section 8 of number 511 of the special acts of 1929, as amended
 by section 3 of special act 83-31, section 1 of special act 99-12 and section
 3 of special act 14-21, is amended to read as follows (Effective July 1,
 2020):
    Said board, either directly or under committees consisting of one or
 more members of said board, shall organize bureaus for the convenient
 carrying into effect of the several functions herein committed to said
 board and may define the powers and duties of such bureaus and
 delegate to them such powers and duties by ordinance, by-law or
 otherwise as may, in the judgment of the board, be necessary for the
 convenient operation of the same. No member of the board shall receive
 any pay for his or her services as such member or as a member of a sub-
 committee of the board except that a reasonable sum may annually be
 appropriated for the actual expenses of said board. The board may, by
 ordinance, by-law or otherwise, fix the salaries and define the duties of
 all officers and employees or may delegate the fixing of salaries of
 employees and assignment of duties of employees to sub-committees or
 bureau managers. The chairman and vice-chairman of said district and
 of all sub-committees, bureaus, boards and commissions appointed by
 the district board shall, unless otherwise provided in the appointment
 or [herein] in this section, hold office until the end of the fiscal year of
 their appointment and thereafter shall be appointed for terms of two
 years and until their successors shall be appointed and shall have
 qualified. The members of all sub-committees, bureaus, boards and
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 commissions appointed by the district board shall, unless otherwise
 provided in the appointment or [herein] in this section, hold such
 membership until the end of the fiscal year of their appointment and
 thereafter shall hold membership for terms of two years and until their
 successors shall be appointed and shall have qualified. The managers of
 the water bureau and of the bureau of public works and such others of
 the officers as by the district board shall be especially so designated shall
 hold office during good behavior and shall be removed only for cause.
 All other officers and employees may be removed at any time by the
 district board at pleasure. All vacancies may be filled by the district
 board. Said district board [shall have power to] may fill any vacancy
 occurring in its number for the unexpired portion of the term and,
 except as otherwise expressly provided, shall act in all cases by a
 majority of those present at any regular or special meeting, duly
 warned. A majority of the board shall constitute a quorum and the time,
 place and manner of calling meetings and the holding thereof, including
 the manner of dissolving tie votes, shall be prescribed by said board by
 by-law or otherwise. The district board shall be the final judge of the
 election returns and validity of elections and qualifications of its
 members and shall decide all tie votes in elections. Except as hereinafter
 provided, the district board shall have power to authorize the sale,
 transfer and conveyance of real and personal estate belonging to the
 district, and shall provide by by-law or otherwise for the form and
 manner of execution of the documents and instruments convenient
 therefor. The Auditors of Public Accounts, established under chapter 23
 of the general statutes, shall audit the district accounts annually in
 accordance with the provisions of said chapter. The district board [shall
 make provision for the proper auditing of the district accounts and] may
 cause any officer to execute bonds to the district with surety to the
 acceptance of the district board for the faithful performance of
 duties. The district board shall post the current budget of the district in
 a conspicuous location on the district's Internet web site.
    Sec. 3. Section 8 of special act 14-21 is amended to read as follows
 (Effective July 1, 2020):
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    The [Metropolitan District Commission] Auditors of Public Accounts
 shall, annually, submit a copy of the audit prepared pursuant to
 [chapter 111 of the general statutes] section 8 of number 511 of the
 special acts of 1929, as amended by section 3 of special act 83-31, section
 1 of special act 99-1, section 3 of special act 14-21 and this act, to the
 Office of Fiscal Analysis.
    Sec. 4. Subsection (a) of section 4 of special act 90-27, as amended by
 section 6 of public act 93-380 and section 9 of special act 14-21, is
 amended to read as follows (Effective July 1, 2020):
     (a) The Metropolitan District in Hartford County created pursuant to
 number 511 of the special acts of 1929, as amended, may issue bonds or
 other obligations, or may enter into leases of real or personal property
 or any interest [therein] in such property, from time to time for the
 purpose of paying all or any part of the cost of designing, acquiring,
 purchasing, constructing, reconstructing, improving, extending,
 financing, refinancing, operating or managing any facility, system,
 program or equipment necessary or desirable in connection with
 carrying out any of its authorized purposes, including payment of
 expenses of administration properly chargeable thereto, including,
 without limitation, legal, architectural and engineering expenses and
 fees, [and costs of audits,] and payment of costs, fees and expenses
 which the district board may deem necessary or advantageous in
 connection with the authorization, sale and issuance of bonds or notes
 or other obligations, including but not limited to, underwriters' discount
 and payment of all other items of expense incurred in connection
 therewith. The district may issue such types of bonds or other
 obligations as the district board by resolution approved by a majority of
 its members may determine, including, without limiting the generality
 of the foregoing, bonds or other obligations payable as to principal and
 interest exclusively from the income and revenues of a particular
 facility, system or program. Bonds or other obligations payable as to
 principal and interest exclusively from the income and revenues of a
 particular facility, system or program shall not constitute an
 indebtedness within the meaning of any statutory limitation on the
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 indebtedness of the district or any member municipality.
 Notwithstanding the provisions of sections 23, 24, 25, 26 and 51 of
 number 511 of the special acts of 1929, as amended, any surplus moneys
 not needed in the determination of the district board to meet the
 purposes of funds established pursuant to said sections and any surplus
 revenues in the assessable sewer fund may be pledged as additional
 security for any such bonds or the provider of any credit enhancement
 for any such bonds, which also may be secured by a pledge of any
 income or revenues of the district, or a mortgage on any facility or
 system or the site thereof. Whenever and for so long as the district has
 issued and has outstanding bonds pursuant to this section, the district
 board shall fix, charge and collect rates, rents, fees and other charges in
 accordance herewith. Neither the members of the district nor any person
 executing the bonds shall be liable personally on the bonds by reason of
 the issuance thereof. The bonds and other obligations of the district, and
 such bonds and obligations shall so state on their face, shall not be a debt
 of the state or any political subdivision thereof, and no person other than
 the district shall be liable thereon, nor shall such bonds or obligations be
 payable out of any funds or properties other than those of the district.
 Bonds of the district issued under the provisions of sections 2 and 13 of
 number 511 of the special acts of 1929, as amended, and sections 2 and
 4 of special act 90-27, as amended by public act 93-380 and this act, are
 declared to be issued for an essential public and governmental purpose.
 In anticipation of the sale of such bonds the district may issue negotiable
 bond anticipation notes and may renew the same from time to time, but
 the maximum maturity of any such note including renewals thereof,
 shall not exceed five years from the date of issue of the original note.
 Such notes shall be paid from any revenues of the district available
 therefor and not otherwise pledged, or from the proceeds of sale of the
 bonds of the district in anticipation of which they were issued. Such
 notes and the resolution or resolutions authorizing the same may
 contain any provisions, conditions or limitations which a bond
 resolution of the district may contain.
   Sec. 5. Subsection (c) of section 2-90 of the general statutes is repealed
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 and the following is substituted in lieu thereof (Effective July 1, 2020):
    (c) Said auditors shall audit, on a biennial basis if deemed most
 economical and efficient, or as frequently as they deem necessary, the
 books and accounts of each officer, department, commission, board and
 court of the state government, all institutions supported by the state and
 all public and quasi-public bodies, politic and corporate, created by
 public or special act of the General Assembly and not required to be
 audited or subject to reporting requirements, under the provisions of
 chapter 111, except that said auditors shall audit, on an annual basis, or
 as frequently as they deem necessary, the books and accounts of the
 Metropolitan District of Hartford County. Each such audit may include
 an examination of performance in order to determine effectiveness in
 achieving expressed legislative purposes. The auditors shall report their
 findings and recommendations to the Governor, the State Comptroller
 and the joint standing committee of the General Assembly having
 cognizance of matters relating to appropriations and the budgets of state
 agencies.
    Sec. 6. Section 7-391 of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective July 1, 2020):
    When used in this chapter, unless the context otherwise requires, the
 following terms shall have the meanings herein specified: "Secretary"
 means the Secretary of the Office of Policy and Management;
 "municipality" includes each town, consolidated town and city,
 consolidated town and borough, city and borough; "audited agency"
 includes each district, as defined in section 7-324, or other municipal
 utility, [the Metropolitan District of Hartford County,] each regional
 council of governments, any other political subdivision of similar
 character which is created and any other agency created or designated
 by a municipality to act for such municipality whose annual receipts
 from all sources exceed one million dollars, excluding the Metropolitan
 District of Hartford County; "reporting agency" includes each district,
 as defined in section 7-324, or other municipal utility, each regional
 council of governments, any other political subdivision of similar
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 character which is created and any other agency created or designated
 by a municipality to act for such municipality whose annual receipts
 from all sources do not exceed one million dollars; "appointing
 authority" means the legislative body of a municipality or the board,
 committee or other governing body of such audited agency, except in
 any town where the authority to adopt a budget rests with a town
 meeting or a representative town meeting "appointing authority" means
 the board of finance or other board, committee or body charged with
 preparing the budget, or in a town that has no board of finance or other
 such board, committee or body, means the board of selectmen or the
 town council; "audit report" means the report of the independent
 auditor and the annual financial statements of the municipality or
 audited agency; "independent auditor" means a public accountant who
 is licensed to practice in the state of Connecticut and who meets the
 independence standards included in generally accepted government
 auditing standards; "public accountant" means an individual who meets
 standards included in generally accepted government auditing
 standards for personnel performing government audits and the
 licensing requirements of the State Board of Accountancy; "receipts"
 means amounts accrued or received by a municipality, audited agency
 or reporting agency and reportable as revenues in accordance with
 generally accepted accounting principles; "municipal utility" means
 every Connecticut municipality or department or agency thereof, or
 Connecticut district, manufacturing, selling or distributing gas or
 electricity to be used for light, heat or power or water.
    Sec. 7. Section 2 of special act 75-73, as amended by section 2 of special
 act 83-18, section 2 of special act 84-75, section 17 of public act 93-380
 and section 4 of special act 14-21, is amended to read as follows (Effective
 July 1, 2020):
    (a) The members of the board of commissioners appointed prior to
 and holding office on the effective date of special act 75-73, special act
 83-18, special act 84-75, public act 93-380, [or this act] special act 14-21
 or this act shall continue to serve until the expiration of their terms for
 which they were appointed. Thereafter, members shall be appointed by
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 the legislative body of each member municipality, to replace the
 members whose terms expire and until their successors are appointed
 and qualify, provided, in no event shall the total number of members
 appointed by the legislative body of any member municipality exceed:
 (1) Six in the city of Hartford, (2) three in the city of East Hartford, (3)
 one in the town of Rocky Hill, (4) one in the town of Wethersfield, (5)
 one in the town of Newington, (6) one in the town of Windsor, (7) one
 in the town of Bloomfield and (8) three in the town of West Hartford.
    (b) Appointments to the district board by the legislative bodies of the
 member municipalities shall be made in accordance with the following
 schedule:
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