Connecticut 2010 Regular Session

Connecticut Senate Bill SB00303 Compare Versions

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1-General Assembly Substitute Bill No. 303
2-February Session, 2010 *_____SB00303PD____032310____*
1+General Assembly Raised Bill No. 303
2+February Session, 2010 LCO No. 1615
3+ *01615_______PD_*
4+Referred to Committee on Planning and Development
5+Introduced by:
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48 General Assembly
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6-Substitute Bill No. 303
10+Raised Bill No. 303
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812 February Session, 2010
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10-*_____SB00303PD____032310____*
14+LCO No. 1615
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12-AN ACT RETURNING A PORTION OF THE HOTEL SALES TAX TO MUNICIPALITIES.
16+*01615_______PD_*
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18+Referred to Committee on Planning and Development
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20+Introduced by:
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22+(PD)
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24+AN ACT CONCERNING A MUNICIPAL HOTEL TAX.
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1426 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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16-Section 1. Subdivision (1) of section 12-408 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010, and applicable to sales occurring on or after said date):
28+Section 1. (NEW) (Effective July 1, 2010) (a) As used in this section, "municipality" means any town, city, borough, consolidated town and city or consolidated town and borough, and "hotel" and "lodging house" have the same meanings as provided in section 12-407 of the general statutes.
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18-(1) For the privilege of making any sales, as defined in subdivision (2) of subsection (a) of section 12-407, at retail, in this state for a consideration, a tax is hereby imposed on all retailers at the rate of six per cent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail or from the rendering of any services constituting a sale in accordance with subdivision (2) of subsection (a) of section 12-407, except, in lieu of said rate of six per cent, (A) at a rate of [twelve] fifteen per cent with respect to each transfer of occupancy, from the total amount of rent received for such occupancy of any room or rooms in a hotel or lodging house for the first period not exceeding thirty consecutive calendar days, (B) with respect to the sale of a motor vehicle to any individual who is a member of the armed forces of the United States and is on full-time active duty in Connecticut and who is considered, under 50 App USC 574, a resident of another state, or to any such individual and the spouse thereof, at a rate of four and one-half per cent of the gross receipts of any retailer from such sales, provided such retailer requires and maintains a declaration by such individual, prescribed as to form by the commissioner and bearing notice to the effect that false statements made in such declaration are punishable, or other evidence, satisfactory to the commissioner, concerning the purchaser's state of residence under 50 App USC 574, (C) (i) with respect to the sales of computer and data processing services occurring on or after July 1, 1997, and prior to July 1, 1998, at the rate of five per cent, on or after July 1, 1998, and prior to July 1, 1999, at the rate of four per cent, on or after July 1, 1999, and prior to July 1, 2000, at the rate of three per cent, on or after July 1, 2000, and prior to July 1, 2001, at the rate of two per cent, on or after July 1, 2001, at the rate of one per cent, (ii) with respect to sales of Internet access services, on and after July 1, 2001, such services shall be exempt from such tax, (D) with respect to the sales of labor that is otherwise taxable under subparagraph (C) or (G) of subdivision (2) of subsection (a) of section 12-407 on existing vessels and repair or maintenance services on vessels occurring on and after July 1, 1999, such services shall be exempt from such tax, (E) with respect to patient care services for which payment is received by the hospital on or after July 1, 1999, and prior to July 1, 2001, at the rate of five and three-fourths per cent and on and after July 1, 2001, such services shall be exempt from such tax. The rate of tax imposed by this chapter shall be applicable to all retail sales upon the effective date of such rate, except that a new rate which represents an increase in the rate applicable to the sale shall not apply to any sales transaction wherein a binding sales contract without an escalator clause has been entered into prior to the effective date of the new rate and delivery is made within ninety days after the effective date of the new rate. For the purposes of payment of the tax imposed under this section, any retailer of services taxable under subparagraph (I) of subdivision (2) of subsection (a) of section 12-407, who computes taxable income, for purposes of taxation under the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, on an accounting basis which recognizes only cash or other valuable consideration actually received as income and who is liable for such tax only due to the rendering of such services may make payments related to such tax for the period during which such income is received, without penalty or interest, without regard to when such service is rendered.
30+(b) Any municipality may, upon approval by its legislative body, or, in any town in which the legislative body is a town meeting, by the board of selectmen, establish by ordinance a tax upon the transfer of occupancy of any room or rooms in a hotel or lodging house of not more than four per cent of the total amount of rent for each such occupancy.
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20-Sec. 2. (NEW) (Effective October 1, 2010) (a) As used in this section: (1) "Municipality" means any town, city, borough, consolidated town and city or consolidated town and borough; and (2) "population" for each municipality means that enumerated in the most recent federal decennial census of population or that enumerated in the most recent current population report series issued by the United States Department of Commerce, Bureau of the Census available on January first of the fiscal year prior to the fiscal year in which payment is to be made pursuant to subsection (c) of this section, whichever is most recent.
32+(c) Any municipal tax imposed pursuant to this section shall be in addition to any state tax imposed on the same activity.
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22-(b) The Commissioner of Revenue Services shall segregate three per cent of the taxes collected from sales within the meaning of subparagraph (H) of subdivision (2) of subsection (a) of section 12-407 of the general statutes by any hotel or lodging house. Funds segregated under this subsection shall be allocated as follows: (1) The commissioner shall return one-third of such taxes collected to the municipality in which the hotel or lodging house paying such tax is located; and (2) the commissioner shall deposit two-thirds of such taxes collected into the municipal hotel tax account established in section 3 of this act.
34+(d) (1) Any tax imposed by a municipality under the provisions of this section shall be collected and administered by the Department of Revenue Services, in the same manner as such taxes are currently paid, and in accordance with the laws governing such taxes. The department shall segregate the amount paid that is attributable to any municipal tax and, commencing on the first day of the calendar quarter next succeeding the institution of such municipal tax, remit to the municipality such amount. Thereafter, the department shall remit quarterly to the municipality any amounts received attributable to a municipal tax.
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24-(c) On April 1, 2011, and annually thereafter, the Office of Policy and Management shall distribute one-half of the moneys deposited in the municipal hotel tax account to each municipality pro rata on the basis of the ratio of the population of the municipality to the population of the state.
36+(2) For the fiscal years ending June 30, 2011, and June 30, 2012, the department may deduct from the amounts received attributable to municipal taxes any costs directly associated with the administration and collection of such taxes by the department.
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26-(d) On April 1, 2011, and annually thereafter, the Office of Policy and Management shall distribute one-half of the moneys deposited in the municipal hotel tax account pro rata to each regional council of governments organized under the provisions of sections 4-124i to 4-124p, inclusive, of the general statutes, on the basis of the ratio of the population of the municipalities within such regional council of governments to the population of the state. If a municipality is not a member of a regional council of governments, then its proportionate share shall be distributed to the regional council of elected officials organized under the provisions of sections 4-124c to 4-124h, inclusive, of the general statutes, of which such municipality is a member, or if it is not a member of a regional council of elected officials, then to the regional planning agency organized under the provisions of chapter 127 of the general statutes of which it is a member. Moneys received by a regional council of governments, a regional council of elected officials or a regional planning agency under this section shall be used to promote regionalism initiatives, including, but not limited to, regional economic development and educational cooperative programs and agreements.
38+(e) A municipality may use the revenue generated by any tax enacted under the provisions of this section for the general fund of the municipality, capital expenditures, or any regular or special purpose as provided in the budget enacted each year by the municipality.
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28-Sec. 3. (NEW) (Effective October 1, 2010) There is established an account to be known as the "municipal hotel tax account" which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by section 2 of this act to be deposited in the account. Moneys in the account shall be expended by the Office of Policy and Management in accordance with section 2 of this act.
40+Sec. 2. Subdivision (2) of subsection (c) of section 7-148 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
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42+(2) (A) Establish and maintain a budget system;
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44+(B) (i) Assess, levy and collect taxes for general or special purposes on all property, subjects or objects which may be lawfully taxed, and regulate the mode of assessment and collection of taxes and assessments not otherwise provided for, including establishment of a procedure for the withholding of approval of building application when taxes or water or sewer rates, charges or assessments imposed by the municipality are delinquent for the property for which an application was made; and
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46+(ii) Assess, levy and collect for general or special purposes any taxes permitted pursuant to section 1 of this act;
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48+(C) Make appropriations for the support of the municipality and pay its debts;
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50+(D) Make appropriations for the purpose of meeting a public emergency threatening the lives, health or property of citizens, provided such appropriations shall require a favorable vote of at least two-thirds of the entire membership of the legislative body or, when the legislative body is the town meeting, at least two-thirds of those present and voting;
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52+(E) Make appropriations to military organizations, hospitals, health care facilities, public health nursing organizations, nonprofit museums and libraries, organizations providing drug abuse and dependency programs and any other private organization performing a public function;
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54+(F) Provide for the manner in which contracts involving unusual expenditures shall be made;
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56+(G) When not specifically prescribed by general statute or by charter, prescribe the form of proceedings and mode of assessing benefits and appraising damages in taking land for public use, or in making public improvements to be paid for, in whole or in part, by special assessments, and prescribe the manner in which all benefits assessed shall be collected;
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58+(H) Provide for the bonding of municipal officials or employees by requiring the furnishing of such bond, conditioned upon honesty or faithful performance of duty and determine the amount, form, and sufficiency of the sureties thereof;
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60+(I) Regulate the method of borrowing money for any purpose for which taxes may be levied and borrow on the faith and credit of the municipality for such general or special purposes and to such extent as is authorized by general statute;
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62+(J) Provide for the temporary borrowing of money;
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64+(K) Create a sinking fund or funds or a trust fund or funds or other special funds, including funds which do not lapse at the end of the municipal fiscal year;
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66+(L) Provide for the assignment of municipal tax liens on real property to the extent authorized by general statute.
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3371 This act shall take effect as follows and shall amend the following sections:
34-Section 1 October 1, 2010, and applicable to sales occurring on or after said date 12-408(1)
35-Sec. 2 October 1, 2010 New section
36-Sec. 3 October 1, 2010 New section
72+Section 1 July 1, 2010 New section
73+Sec. 2 July 1, 2010 7-148(c)(2)
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3875 This act shall take effect as follows and shall amend the following sections:
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4077 Section 1
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42-October 1, 2010, and applicable to sales occurring on or after said date
79+July 1, 2010
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44-12-408(1)
81+New section
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4683 Sec. 2
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48-October 1, 2010
85+July 1, 2010
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50-New section
87+7-148(c)(2)
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52-Sec. 3
89+Statement of Purpose:
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54-October 1, 2010
91+To allow municipalities the option of adopting a hotel tax ordinance.
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56-New section
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58-Statement of Legislative Commissioners:
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60-Section 1 was redrafted to ensure accuracy of text; in subsections (c) and (d) of section 2, "On or before April 1, 2011" was changed to "On April 1, 2011" for clarity; and technical changes were made throughout section 2 for internal consistency and consistency with the general statutes.
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64-PD Joint Favorable Subst.
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66-PD
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68-Joint Favorable Subst.
93+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]