Connecticut 2021 Regular Session Status: Passed Senate 1 D cosponsors

SB 968 — AN ACT CONCERNING FORECLOSURE, ASSIGNMENT AND OTHER ENFORCEMENT ACTIONS FOR UNPAID SEWER ASSESSMENTS AND OTHER FEES AND CHARGES.

Last action — HOUSE CALENDAR NUMBER 565

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

105 added · 27 removed

105 line(s) added, 27 removed.

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General Assembly Substitute Bill No.
Senate General Assembly File No.
968 January Session, 2021 AN ACT CONCERNING FORECLOSURE, ASSIGNMENT AND OTHER ENFORCEMENT ACTIONS FOR UNPAID SEWER ASSESSMENTS AND OTHER FEES AND CHARGES.
320 January Session, 2021 Substitute Senate Bill No.
968 Senate, April 7, 2021 The Committee on Planning and Development reported through SEN.
CASSANO of the 4th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING FORECLOSURE, ASSIGNMENT AND OTHER ENFORCEMENT ACTIONS FOR UNPAID SEWER ASSESSMENTS AND OTHER FEES AND CHARGES.
Any unpaid assessment and any interest due thereon shall constitute a lien upon the real estate against which the assessment was levied from the date of such levy.
Any unpaid assessment and any interest due thereon shall sSB968 / File No.
320 1 sSB968 File No.
320 constitute a lien upon the real estate against which the assessment was levied from the date of such levy.
Each such lien shall take precedence over all other liens and encumbrances except taxes and may be enforced, except as provided in subdivision (2) of this LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00968-R01 of 8 SB.docx Substitute Bill No.
Each such lien shall take precedence over all other liens and encumbrances except taxes and may be enforced, except as provided in subdivision (2) of this subsection, in the same manner as property tax liens.
968 subsection, in the same manner as property tax liens.
(c) (1) [Any] Except as provided in subdivision (2) of this subsection, any municipality, by resolution of its legislative body, may assign, for consideration,anyandallliensfiledbythetaxcollectortosecureunpaid sewer assessmentsasprovidedunder theprovisionsofthis chapter.
(c) (1) [Any] Except as provided in subdivision (2) of this subsection, any municipality, by resolution of its legislative body, may assign, for consideration,anyandallliensfiledbythetaxcollectortosecureunpaid sewer assessmentsasprovidedunder theprovisionsofthis chapter.The consideration received by the municipality shall be negotiated between the municipality and the assignee.
The consideration received by the municipality shall be negotiated between the municipality and the assignee.
Such costs and fees may be collected by the assignee at any time after demand for payment has been made by the assignee.
Such costs and fees may be collected by the assignee at any sSB968 / File No.
(2) In the case of one or more liens filed by the tax collector to secure unpaid sewer assessments, as described in subdivision (1) of this subsection, upon any owner-occupied real estate, no such lien or liens may beassignedunlesstheprincipalfor all suchliensuponsuchowner- LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00962 of 8 R01-SB.docx } Substitute Bill No.
320 2 sSB968 File No.
968 occupied real estate exceeds ten thousand dollars.
320 time after demand for payment has been made by the assignee.
(2) In the case of one or more liens filed by the tax collector to secure unpaid sewer assessments, as described in subdivision (1) of this subsection, upon any owner-occupied real estate, no such lien or liens may beassignedunlesstheprincipalfor all suchliensuponsuchowner- occupied real estate exceeds ten thousand dollars.
For the purpose of establishing or revising such connection or use charges and for the purpose of collecting such charges any municipality may enter into agreements with any water company or municipal water department furnishing water in such municipality for the purchase from such water company or municipal water department of information or services and such agreement may designate such LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00963 of 8 R01-SB.docx } Substitute Bill No.
For the purpose of establishing or revising such connection or sSB968 / File No.
968 water company or municipal water department as a billing or collecting agent of the collector of sewerage system connection and use charges in the municipality.
320 3 sSB968 File No.
320 use charges and for the purpose of collecting such charges any municipality may enter into agreements with any water company or municipal water department furnishing water in such municipality for the purchase from such water company or municipal water department of information or services and such agreement may designate such water company or municipal water department as a billing or collecting agent of the collector of sewerage system connection and use charges in the municipality.
Costs and reasonable attorneys' fees incurred by the assignee as a result of any foreclosure action or other legal proceeding brought pursuant to this section and directly related to the proceeding shall be taxed in any such proceeding against each person having title to any property subject to the proceedings.
Costs and reasonable attorneys' fees incurred by the assignee as a result of any foreclosure action or other legal proceeding brought pursuant to this section and directly related to the proceeding shall be taxed in any such proceeding against each person having title to any sSB968 / File No.
Such costs and fees may be collected by the assignee at any time after demandfor payment has been made by the assignee.
320 4 sSB968 File No.
(2)Inthecaseofoneormoreliensfiledbythetaxcollectororcollector LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00964 of 8 R01-SB.docx } Substitute Bill No.
320 property subject to the proceedings.
968 of sewerage system connection and use charges to secure unpaid sewerage connection and use charges, as described in subdivision (1) of this subsection, upon any owner-occupied real estate, no such lien or liens may be assigned unless the principal for all such liens upon such owner-occupied real estate exceeds ten thousand dollars.
Such costs and fees may be collected by theassignee at any time after demandfor payment has been made by the assignee.
(2)Inthecaseofoneormoreliensfiledbythetaxcollectororcollector of sewerage system connection and use charges to secure unpaid sewerage connection and use charges, as described in subdivision (1) of this subsection, upon any owner-occupied real estate, no such lien or liens may be assigned unless the principal for all such liens upon such owner-occupied real estate exceeds ten thousand dollars.
The rules and regulations of the authority may provide for the discontinuance of water pollution control service for nonpayment of taxes, special assessments, fees, rates, penalties or other charges therefor imposed under sections 22a-500 to 22a-519, inclusive.
The rules and regulations of the authority may provide for the discontinuance of water pollution control service for sSB968 / File No.
Such lien shall take precedence over all other liens or encumbrances except taxes and may be foreclosed against the lot or building served, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00965 of 8 R01-SB.docx } Substitute Bill No.
320 5 sSB968 File No.
968 except as provided in subdivision (2) of this subsection, in the same manner as a lien for taxes, provided all such liens shall continue until such time as they shall be discharged or foreclosed by the authority without the necessity of filing certificates of continuation, but in no event for longer than ten years.
320 nonpayment of taxes, special assessments, fees, rates, penalties or other charges therefor imposed under sections 22a-500 to 22a-519, inclusive.
Such lien shall take precedence over all other liens or encumbrances except taxes and may be foreclosed against the lot or building served, except as provided in subdivision (2) of this subsection, in the same manner as a lien for taxes, provided all such liens shall continue until such time as they shall be discharged or foreclosed by the authority without the necessity of filing certificates of continuation, but in no event for longer than ten years.
The assignee or assignees of such liens shall have and possess the same powers and rights at law or in equity as such authority would have had if the lien hadnot been assigned with regardto the precedence and priority of such lien, the accrual of interest and the fees and expensesofcollection.The assigneeshallhave thesamerightsto enforce such liens as any private party holding a lien on real property, including, but not limited to, foreclosure and a suit on the debt.
The assignee or assignees of such liens shall have and possess the same powers and rights at law or in equity as such authority would have had if the lien hadnot been assigned with regardto the precedence sSB968 / File No.
Costs LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-009686 of 8 R01-SB.docx } Substitute Bill No.
320 6 sSB968 File No.
968 and reasonable attorneys' fees incurred by the assignee as a result of any foreclosure action or other legal proceeding brought pursuant to this section and directly related to the proceeding shall be taxed in any such proceeding against each person having title to any property subject to the proceedings.
320 and priority of such lien, the accrual of interest and the fees and expensesofcollection.The assigneeshallhave thesamerightsto enforce such liens as any private party holding a lien on real property, including, but not limited to, foreclosure and a suit on the debt.
Costs and reasonable attorneys' fees incurred by the assignee as a result of any foreclosure action or other legal proceeding brought pursuant to this section and directly related to the proceeding shall be taxed in any such proceeding against each person having title to any property subject to the proceedings.
4 October 1, 2021, and 49-92o applicable to actions filed on or after October 1, 2021 Statement of Legislative Commissioners:
4 October 1, 2021, and 49-92o applicable to actions filed on or after October 1, 2021 sSB968 / File No.
320 7 sSB968 File No.
320 Statement of Legislative Commissioners:
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00968- 7 of 8 R01-SB.docx } Substitute Bill No.
PD Joint Favorable Subst.
968 PD Joint Favorable Subst.
-LCO sSB968 / File No.
-LCO LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00968- 8 of 8 R01-SB.docx }
320 8 sSB968 File No.
320 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
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Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
None Municipal Impact:
See Below Explanation The bill prevents municipal water pollution control authorities (WCPAs) from assigning or enforcing a lien on owner-occupied property until the outstanding principal reaches $10,000.
By restricting the use of liens, the bill potentially reduces the amount ofoutstanding debtamunicipalWCPA maycollect.It isanticipatedthat any revenue loss a WCPA realizes as a result of the bill would be offset by increased sewer use fees and assessments on all users.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to municipal sewer fees and assessments.
sSB968 / File No.
320 9 sSB968 File No.
320 OLR Bill Analysis sSB 968 AN ACT CONCERNING FORECLOSURE, ASSIGNMENT AND OTHER ENFORCEMENT ACTIONS FOR UNPAID SEWER ASSESSMENTS AND OTHER FEES AND CHARGES.
SUMMARY This bill imposes restrictions on assigning or enforcing liens for delinquent sewer benefit assessments (assessments) or sewer use and connection charges (charges).
Under the bill, liens on owner-occupied property for municipal or regional sewer or water pollution control authority (WPCA) assessments or charges are not assignable or subject to certain enforcement actions until the principal exceeds $10,000.
Under the bill, unlike liens imposed by regional entities, for municipal WPCA liens, thisthreshold is calculatedseparately for (1) use and connectioncharges and (2) benefit assessments.
Under current law, there is no minimum below which a WPCA lien cannot be assigned.
Current law also authorizes several lien enforcement options, which generally do not require waiting until the delinquency exceeds a specified threshold.
By law, WPCA liens (like property tax liens)become unenforceable ifthey are not enforcedwithin years of becoming due (CGS § 12-175).
The bill also requires each aspect (e.g., attorney’s fees, advertising, venue, and terms) of specified lien foreclosure actions or other enforcement proceedings to be “commercially reasonable,” which the bill does not define.
This reasonableness standard applies to all foreclosures and other legal proceedings concerning (1) liens for municipal WPCA assessments or charges and (2) assigned liens for regional WPCA assessments or charges.
sSB968 / File No.
320 10 sSB968 File No.
320 EFFECTIVE DATE:
October 1, 2021, and applicable to actions filed on or after that date.
ENFORCING WPCA LIENS The bill limits the enforcement actions available to collect on WPCA liens on owner-occupied properties in the following ways:
1.
municipal WPCA benefit assessments cannot be enforced (e.g., through foreclosure or non-judicial tax sale) until the combined principal exceeds $10,000 (§ 1);
2.
municipal WPCA use and connection charges cannot be foreclosed untilthecombinedprincipalexceeds$10,000 (§2);and 3.
regional WPCA assessments and charges cannot be foreclosed or subject to a civil recovery action until the combined principal exceeds $10,000 (§§ 3 & 4).
BACKGROUND Related Bill sSB 941 (File 251), favorably reported by the Banking Committee, requires certain (1) disclosures to be provided in a contract between a sewer or water lien assignee and the original lienholder and (2) notices to be provided before foreclosing these liens.
It also imposes a “commercially reasonable” standard on enforcement proceedings.
COMMITTEE ACTION Planning and Development Committee Joint Favorable Yea 17 Nay 9 (03/21/2021) sSB968 / File No.
320 11
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Action History

  1. HOUSE CALENDAR NUMBER 565

  2. FAV. RPT., TABLED FOR HOUSE CALENDAR

  3. SEN. PASSED, SEN. AMEND. SCH. A

  4. SEN. ADOPTED SEN. AMEND. SCH. A

  5. FILE NO. 320

  6. SENATE CALENDAR NUMBER 216

  7. FAV. RPT., TAB. FOR CAL., SEN.

  8. RPTD. OUT OF LCO

  9. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/06/21

  10. FILED WITH LCO

  11. Joint Favorable

  12. PUBLIC HEARING 0305

  13. REF. TO JOINT COMM. ON Planning and Development

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 186 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (186)

186 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety finance housing
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Frequently asked questions

Who sponsors SB 968?
SB 968 is sponsored by Martin M. Looney (Democratic).
What is the current status of SB 968?
This bill died with 2021 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 968?
Track SB 968 free on One Click Politics — get push/email alerts when it moves.

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