Connecticut 2016 Regular Session

Connecticut House Bill HB05625 Compare Versions

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1-General Assembly Substitute Bill No. 5625
2-February Session, 2016 *_____HB05625FIN___040116____*
1+General Assembly Raised Bill No. 5625
2+February Session, 2016 LCO No. 2882
3+ *02882_______FIN*
4+Referred to Committee on FINANCE, REVENUE AND BONDING
5+Introduced by:
6+(FIN)
37
48 General Assembly
59
6-Substitute Bill No. 5625
10+Raised Bill No. 5625
711
812 February Session, 2016
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10-*_____HB05625FIN___040116____*
14+LCO No. 2882
15+
16+*02882_______FIN*
17+
18+Referred to Committee on FINANCE, REVENUE AND BONDING
19+
20+Introduced by:
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22+(FIN)
1123
1224 AN ACT CONCERNING THE SALE, VIA INTERNET AUCTION, OF LICENSE PLATES ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES.
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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. (NEW) (Effective July 1, 2016) (a) (1) The Commissioner of Motor Vehicles shall establish and administer a number plate auction program where number plates issued by the commissioner and number plates not yet in circulation are publicly auctioned and transferred to the highest bidder. The commissioner shall conduct such auction at least weekly on the department's Internet web site. The holder of a number plate issued by the commissioner may sell or transfer such number plate in the number plate auction. The commissioner, in consultation with the Secretary of the Office of Policy and Management, may establish a market value for a specific number plate as determined by auction or appraisal, provided (A) no such plate shall have a market value of less than one thousand dollars, and (B) number plates with four or fewer numerals or letters shall have a greater market value than plates with more numerals or letters. Each person shall pay to the commissioner a fee of twelve dollars for each year in which such person seeks to participate as a bidder in the number plate auction. Each seller of a number plate shall pay to the commissioner a fee of twelve dollars per one thousand dollars or portion thereof of the amount paid at auction for a number plate. The sale of a number plate at auction allows for the transfer of possession of such number plate, provided the buyer shall pay all fees associated with registration and issuance of such number plate. All number plates shall remain the property of the state and no title shall pass to any person who buys a number plate at auction. The commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, concerning the auction process or the transfer of a number plate by auction.
28+Section 1. (NEW) (Effective July 1, 2016) (a) (1) The Commissioner of Motor Vehicles shall establish and administer a number plate auction program where number plates issued by the commissioner and number plates not yet in circulation are publicly auctioned and transferred to the highest bidder. The commissioner shall conduct such auction at least weekly on the department's Internet web site. The holder of a number plate issued by the commissioner may sell or transfer such number plate in the number plate auction. The commissioner, in consultation with the Secretary of the Office of Policy and Management, may establish a market value for a specific number plate as determined by auction or appraisal, provided (A) no such plate shall have a market value less than one thousand dollars, and (B) number plates with four or less digits or letters shall have a higher market value than plates with more digits or letters. Each person shall pay a fee of twelve dollars to the commissioner for each year in which such person seeks to participate as a bidder in the number plate auction. Each seller of a number plate shall pay to the commissioner a fee of twelve dollars per thousand on the amount paid at auction for a number plate. Sale of a number plate at auction allows for the transfer of possession of such number plate, provided the buyer shall pay all fees associated with registration and issuance of such number plate. All number plates shall remain the property of the state and no title shall pass to any person who buys a number plate at auction. The commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, concerning the auction process or the transfer of a number plate by auction.
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18-(2) The commissioner shall transfer to the municipal revenue sharing account established pursuant to section 4-66l of the general statutes (A) one hundred per cent of the amount paid at auction for a number plate not yet in circulation, and (B) fifty per cent of the amount paid at auction for a number plate issued by the commissioner. The commissioner shall transfer the remaining fifty per cent of the amount paid at auction for a number plate issued by the commissioner to the seller of such plate.
30+(2) The commissioner shall transfer to the general fund (A) one hundred per cent of the amount paid at auction for a number plate not yet in circulation, and (B) twenty-five per cent of the amount paid at auction for a number plate issued by the commissioner. The commissioner shall transfer the remaining seventy-five per cent of the amount paid at auction for such plate to the seller of such plate.
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2032 (3) Pursuant to the powers and authority under section 14-3 of the general statutes, the commissioner may enter into one or more contracts with independent contractors authorizing such contractors to implement and administer the number plate auction program. Such contract shall provide that the fee for implementation and administration shall be paid contingent upon, and as a percentage of, the revenue generated by such auction.
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22-(b) The commissioner, in consultation with the Connecticut Lottery Corporation, may conduct a weekly contest providing cash prizes to participating number plate holders.
34+(b) The commissioner, in consultation with the Connecticut Lottery Corporation, may conduct a weekly lottery providing cash prizes to participating number plate owners. The commissioner may establish cost-per-click advertising revenue on its Internet web site.
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36+Sec. 2. Subdivision (1) of section 12-408 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016, and applicable to sales occurring on or after said date):
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38+(1) (A) 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 and thirty-five-hundredths 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 and thirty-five-hundredths per cent, the rates provided in subparagraphs (B) to [(H)] (I), inclusive, of this subdivision;
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40+(B) At a rate of 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;
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42+(C) 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;
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44+(D) (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, and (ii) with respect to sales of Internet access services, on and after July 1, 2001, such services shall be exempt from such tax;
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46+(E) (i) 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;
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48+(ii) With respect to the sale of a vessel, such sale shall be exempt from such tax provided such vessel is docked in this state for sixty or fewer days in a calendar year;
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50+(F) 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;
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52+(G) With respect to the rental or leasing of a passenger motor vehicle for a period of thirty consecutive calendar days or less, at a rate of nine and thirty-five-hundredths per cent;
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54+(H) With respect to the sale of (i) a motor vehicle for a sales price exceeding fifty thousand dollars, at a rate of seven and three-fourths per cent on the entire sales price, (ii) jewelry, whether real or imitation, for a sales price exceeding five thousand dollars, at a rate of seven and three-fourths per cent on the entire sales price, and (iii) an article of clothing or footwear intended to be worn on or about the human body, a handbag, luggage, umbrella, wallet or watch for a sales price exceeding one thousand dollars, at a rate of seven and three-fourths per cent on the entire sales price. For purposes of this subparagraph, "motor vehicle" has the meaning provided in section 14-1, but does not include a motor vehicle subject to the provisions of subparagraph (C) of this subdivision, a motor vehicle having a gross vehicle weight rating over twelve thousand five hundred pounds, or a motor vehicle having a gross vehicle weight rating of twelve thousand five hundred pounds or less that is not used for private passenger purposes, but is designed or used to transport merchandise, freight or persons in connection with any business enterprise and issued a commercial registration or more specific type of registration by the Department of Motor Vehicles;
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56+(I) With respect to the sale of a number plate, issued by the Commissioner of Motor Vehicles, through the auction established pursuant to section 1 of this act, at a rate of one and two-tenths per cent;
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58+[(I)] (J) 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;
59+
60+[(J)] (K) For calendar quarters ending on or after September 30, 2011, except for calendar quarters ending on or after July 1, 2016, but prior to July 1, 2017, the commissioner shall deposit into the regional planning incentive account, established pursuant to section 4-66k, six and seven-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (B) of this subdivision and ten and seven-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (G) of this subdivision;
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62+[(K)] (L) (i) Notwithstanding the provisions of this section, for calendar months commencing on or after May 1, 2016, but prior to May 1, 2017, the commissioner shall deposit into the municipal revenue sharing account established pursuant to section 4-66l four and seven-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (A) of this subdivision;
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64+(ii) For calendar months commencing on or after May 1, 2017, but prior to July 1, 2017, the commissioner shall deposit into the municipal revenue sharing account established pursuant to section 4-66l six and three-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (A) of this subdivision;
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66+(iii) For calendar months commencing on or after July 1, 2017, the commissioner shall deposit into the municipal revenue sharing account established pursuant to section 4-66l seven and nine-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (A) of this subdivision; and
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68+[(L)] (M) (i) Notwithstanding the provisions of this section, for calendar months commencing on or after December 1, 2015, but prior to October 1, 2016, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 four and seven-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (A) of this subdivision;
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70+(ii) For calendar months commencing on or after October 1, 2016, but prior to July 1, 2017, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 six and three-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (A) of this subdivision; and
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72+(iii) For calendar months commencing on or after July 1, 2017, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 seven and nine-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (A) of this subdivision.
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74+Sec. 3. Section 4-66o of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
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76+The Secretary of the Office of Policy and Management may establish receivables for the revenue anticipated pursuant to subparagraph [(K)] (L) of subdivision (1) of section 12-408, as amended by this act, and section 4-66l.
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2781 This act shall take effect as follows and shall amend the following sections:
2882 Section 1 July 1, 2016 New section
83+Sec. 2 July 1, 2016, and applicable to sales occurring on or after said date 12-408(1)
84+Sec. 3 July 1, 2016 4-66o
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3086 This act shall take effect as follows and shall amend the following sections:
3187
3288 Section 1
3389
3490 July 1, 2016
3591
3692 New section
3793
94+Sec. 2
3895
96+July 1, 2016, and applicable to sales occurring on or after said date
3997
40-FIN Joint Favorable Subst.
98+12-408(1)
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42-FIN
100+Sec. 3
43101
44-Joint Favorable Subst.
102+July 1, 2016
103+
104+4-66o
105+
106+Statement of Purpose:
107+
108+To permit a license plate holder to sell a plate through an Internet auction on the DMV Internet web site, to establish a tax on the sales of such auctioned plates, to allow the DMV to conduct a weekly lottery and to allow the DMV to establish cost-per-click advertising revenue on its Internet web site.
109+
110+[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.]