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2000 State Legislative Report - Connecticut

Submitted by by Philip J. Fanning, Esq.
Vice President, Chicago Title Insurance Company

P.A.00-21
An Act Making Minor Changes To The Real Estate Statutes This Act makes various grammatical changes to certain real estate statutes including: C.G.S. Sec. 20-325a, 20-329b, 20-329d, 20-329f, and 20-329n. effective date: October 1, 2000

P.A.00-36
An Act Concerning Protection For Equipment Rental This Act expands the definition of the word "material" in C.G.S.Sec. 49-33 to include: construction equipment and machinery that is rented or leased for use (1) in the prosecution of work provided for in the contract within the meaning of sections 49-33 to 49-43, inclusive, as amended, or (2) in the construction, raising, removal of any building or improvement of any lot or in the site development or subdivision of any plot of land within the meaning of sections 49-33, as amended by Public Act 99-153, to 49-39, inclusive. effective date: October 1, 2000

P.A.00-74
An Act Concerning Escrow Arrangements This Act provides that no escrow agreement shall be ineffective, invalid or unenforceable because the escrow holder is the attorney-at-law, law firm or agent for one or more parties to the escrow agreement, whether in connection with the matter to which the escrow agreement is related or otherwise. The Act takes effect from passage and applies to any escrow agreement in existence on or after said date. effective date: May 16, 2000

P.A.00-84
An Act Concerning Technical Revisions To Validating Provisions And Validation Of A Grand List In Westbrook This Act repeals and replaces Subsection (b) of section 4 of Public Act 99-238 by validating transfers with reference to a filed map or subdivision plan when such map or plan does not comply with any requirement of any special or general law, municipal ordinance or regulation. It also validates conveyance instruments which fail to state the town and state in which the real property described in the instrument is located. The Act also provides that any use, occupancy or presence of any building or other structure shall not be deemed illegal because the lot or lots on which the building or structure is located is not shown on an approved subdivision or the filed map or plan of subdivision fails in any manner to comply with any requirement of any general or special law, ordinance or regulation. The Act applies to errors, irregularities and omissions occurring on or after January 1, 1997. effective date: July 1, 2000.

P.A.00-92
An Act Concerning The Duties Of Town Clerks And The Establishment Of Ethics Agencies by Special Districts This Act requires the town clerk to make marginal notations on mortgages regarding partial releases and assignments in addition to releases. The notation is to be made on the first page of the mortgage or on the digitized image of the first page of the mortgage depending upon how the records are maintained. effective date: October 1, 2000

P.A.00-95
An Act Concerning Insurance Required By Mortgage Lenders This Act amends C.G.S. Sec. 36a-757 by adding flood insurance policies and other extended coverage policies, or any combination thereof to the list of policies which a lender cannot require a prospective purchaser to obtain in an amount that is in excess of the replacement value of the covered premises as a condition for granting a residential mortgage. effective date: October 1, 2000

P.A.00-138
An Act Concerning Notary Public Fees This Act raises the fee for an act performed by a notary from two to five dollars plus thirty-five cents per mile for travel. Effective date: July 1, 2000.

P.A.00-140
An Act Implementing The Master Development Plan For The Adriaen’s Landing Project And The Stadium At Rentschler Field Project This Act defines the capital city project and the powers of the Capital City Economic Development Authority to implement same. effective date: May 2, 2000

P.A.00-145
An Act Concerning Village Districts This Act provides that local zoning commissions can establish village districts that are located in areas of distinctive character, landscape or historic value. effective date: October 1, 2000

P.A.00-146
An Act Concerning Real Estate Filings And The Preservation Of Historic Documents This Act replaces C.G.S.Sec. 7-34a and establishes an additional recording fee of three dollars for each document recorded. Like existing recording fees, this additional fee is payable to the Town Clerk. Two-thirds of the fee is remitted by the Town Clerk to the State Treasurer for deposit in the Historic Documents Preservation Account established by the Act and one-third is retained by the Town Clerk for the preservation and management of historic documents. Effective date: July 1, 2000.

P.A.00-160
An Act Concerning Commercial Real Estate Transactions And Brokers’ Liens. This Act makes certain technical and grammatical changes to the Broker’s Lien Law. It also defines "commercial real estate transaction" as any transaction involving the sale, exchange, lease or sublease of real property other than real property containing any building or structure occupied or intended to be occupied by no more than four families or a single building lot to be used for family or household purposes. With respect to actions commenced for services rendered after October 1, 2000, the Act provides that there must be a written contract or other written memorandum complying with the provisions of the Act and there must be notice at or before the execution of the contract or other written memorandum in substantially the following form: "THE REAL ESTATE BROKER MAY BE ENTITLED TO CERTAIN LIEN RIGHTS PURSUANT TO SECTION 20-325a OF THE CONNECTICUT GENERAL STATUES". Section ® of the Act clarifies the notice requirements providing that notice of claim shall be given not later than three days prior to the later of the date of conveyance or lease or the actual date of the conveyance or the date when the tenant takes possession. effective date: October 1, 2000

P.A.00-170
An Act Concerning Reduction Of Various Taxes And Fees, Sunset Of Certain Insurance Reinvestment Funds, Crediting Of Interest On The Attorneys’ Client Security Fund, A Tax On Snuff Tobacco Products, Funds For The Fisheries Account, Incentives For Urban Site Reinvestment And Use Of The Tobacco Settlement Fund Among many other tax changes, this Act provides that no person practicing law on or after January 1, 2000, shall be liable for payment of the occupational tax under this section solely by virtue of such person having engaged in the practice of law while acting as an employee of the state, any political subdivision of the state or any probate court. The Act also amends the rates for taxable gifts for various calendar years and gradually increases the exemption amount. effective date: May 26, 2000

P.A.00-179
An Act Requiring Sellers to Include information On Municipal Assessments In residential Property Disclosure Reports And Concerning Information About The Residence Address Of Criminals This Act requires the Commissioner Of Consumer Protection to prescribe the form for the written residential disclosure report and, in particular, to include on that form information concerning municipal assessments. That information shall include whether or not there is an assessment in effect and if so, if it has been paid or if there is an unpaid balance as well as whether or not the seller has reason to believe that the municipality may impose an assessment in the future. The Act also requires a disclosure that information concerning the residence address of a person convicted of a crime may be available from law enforcement agencies or the Department of Public Safety. effective date: October 1, 2000



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