20 | | - | from the taxes imposed under subsection (b) of section 6 of this act and 3 |
---|
21 | | - | the portion of the tax received and retained by the state from sales 4 |
---|
22 | | - | subject to the tax under subsection (b) of section 7 of this act, for the 5 |
---|
23 | | - | community restoration and revitalization purposes set forth in this 6 |
---|
24 | | - | section and section 2 of this act. Such moneys shall be disbursed by 7 |
---|
25 | | - | and used in coordination with the community development 8 |
---|
26 | | - | corporation oversight council established under section 3 of this act. 9 |
---|
27 | | - | (b) (1) Any entity that is exempt from tax pursuant to Section 501(c) 10 |
---|
28 | | - | of the Internal Revenue Code of 1986, or any subsequent 11 |
---|
29 | | - | corresponding internal revenue code of the United States, as amended 12 |
---|
30 | | - | from time to time, and is located in a distressed municipality, as 13 |
---|
31 | | - | defined in section 32-9p of the general statutes, at the time such entity 14 |
---|
32 | | - | submits an application for designation, may apply to the council to be 15 |
---|
33 | | - | designated as a community development corporation. 16 |
---|
34 | | - | (2) To be eligible to be designated as a community development 17 |
---|
35 | | - | corporation, such entity shall: 18 Substitute Bill No. 1138 |
---|
| 25 | + | from the tax imposed under subsection (b) of section 6 of this act and 3 |
---|
| 26 | + | section 12-408 of the general statutes, as amended by this act, for the 4 |
---|
| 27 | + | community restoration and revitalization purposes set forth in this 5 |
---|
| 28 | + | section and section 2 of this act. Such moneys shall be disbursed by 6 |
---|
| 29 | + | and used in coordination with the community development 7 |
---|
| 30 | + | corporation oversight council established under section 3 of this act. 8 |
---|
| 31 | + | (b) (1) Any entity that is exempt from tax pursuant to Section 501(c) 9 |
---|
| 32 | + | of the Internal Revenue Code of 1986, or any subsequent 10 |
---|
| 33 | + | corresponding internal revenue code of the United States, as amended 11 |
---|
| 34 | + | from time to time, and is located in a distressed municipality, as 12 |
---|
| 35 | + | defined in section 32-9p of the general statutes, at the time such entity 13 |
---|
| 36 | + | submits an application for designation, may apply to the council to be 14 |
---|
| 37 | + | designated as a community development corporation. 15 |
---|
| 38 | + | Raised Bill No. 1138 |
---|
42 | | - | (A) (i) Have demonstrated effectiveness in, or have been formed for 19 |
---|
43 | | - | the purpose of, building, attracting and retaining neighborhood 20 |
---|
44 | | - | wealth, and (ii) provide financial, educational or related services to 21 |
---|
45 | | - | support initiatives that concentrate investments in human capital and 22 |
---|
46 | | - | infrastructure in a specific neighborhood or neighborhoods, with 23 |
---|
47 | | - | measureable community revitalization achievements; 24 |
---|
48 | | - | (B) Agree to focus all its efforts in the distressed municipality in 25 |
---|
49 | | - | which it is located; 26 |
---|
50 | | - | (C) Agree to establish or relocate its primary office in a community 27 |
---|
51 | | - | impact zone within the municipality after such zones are designated 28 |
---|
52 | | - | pursuant to section 3 of this act; and 29 |
---|
53 | | - | (D) Agree to establish or relocate any auxiliary locations to within 30 |
---|
54 | | - | the boundaries of the municipality in which the corporation is located. 31 |
---|
55 | | - | (c) (1) Each community development corporation shall provide 32 |
---|
56 | | - | programs, services and assistance or issue grants to support 33 |
---|
57 | | - | community reinvestment strategies in the community impact zone in 34 |
---|
58 | | - | which such corporation is located, including, but not limited to, the 35 |
---|
59 | | - | following, in order of priority: 36 |
---|
60 | | - | (A) Encouraging early childhood initiatives through the provision, 37 |
---|
61 | | - | directly or in collaboration with other entities, of free or low-cost early 38 |
---|
62 | | - | childhood education services to families that reside within the 39 |
---|
63 | | - | community impact zone, without regard to family income level. Such 40 |
---|
64 | | - | services shall include kindergarten preparedness and kindergarten 41 |
---|
65 | | - | readiness assessments. The corporation may expand such services 42 |
---|
66 | | - | beyond the community impact zone but within the municipality to 43 |
---|
67 | | - | areas with poverty levels above the municipal average; 44 |
---|
68 | | - | (B) Increasing achievement at public elementary and middle schools 45 |
---|
69 | | - | located in the community impact zone. The corporation shall 46 |
---|
70 | | - | coordinate with officials of such schools to submit grant applications to 47 |
---|
71 | | - | the community development corporation oversight council to 48 |
---|
72 | | - | supplement per-student funding for such schools to match or 49 Substitute Bill No. 1138 |
---|
| 42 | + | LCO No. 7328 2 of 39 |
---|
| 43 | + | |
---|
| 44 | + | (2) To be eligible to be designated as a community development 16 |
---|
| 45 | + | corporation, such entity shall: 17 |
---|
| 46 | + | (A) (i) Have demonstrated effectiveness in, or have been formed for 18 |
---|
| 47 | + | the purpose of, building, attracting and retaining neighborhood 19 |
---|
| 48 | + | wealth, and (ii) provide financial, educational or related services to 20 |
---|
| 49 | + | support initiatives that concentrate investments in human capital and 21 |
---|
| 50 | + | infrastructure in a specific neighborhood or neighborhoods, with 22 |
---|
| 51 | + | measureable community revitalization achievements; 23 |
---|
| 52 | + | (B) Agree to focus all its efforts in the distressed municipality in 24 |
---|
| 53 | + | which it is located; 25 |
---|
| 54 | + | (C) Agree to establish or relocate its primary office in a community 26 |
---|
| 55 | + | impact zone within the municipality after such zones are designated 27 |
---|
| 56 | + | pursuant to section 3 of this act; and 28 |
---|
| 57 | + | (D) Agree to establish or relocate any auxiliary locations to within 29 |
---|
| 58 | + | the boundaries of the municipality in which the corporation is located. 30 |
---|
| 59 | + | (c) (1) Each community development corporation shall provide 31 |
---|
| 60 | + | programs, services and assistance or issue grants to support 32 |
---|
| 61 | + | community reinvestment strategies in the community impact zone in 33 |
---|
| 62 | + | which such corporation is located, including, but not limited to, the 34 |
---|
| 63 | + | following, in order of priority: 35 |
---|
| 64 | + | (A) Encouraging early childhood initiatives through the provision, 36 |
---|
| 65 | + | directly or in collaboration with other entities, of free or low-cost early 37 |
---|
| 66 | + | childhood education services to families that reside within the 38 |
---|
| 67 | + | community impact zone, without regard to family income level. Such 39 |
---|
| 68 | + | services shall include kindergarten preparedness and kindergarten 40 |
---|
| 69 | + | readiness assessments. The corporation may expand such services 41 |
---|
| 70 | + | beyond the community impact zone but within the municipality to 42 |
---|
| 71 | + | areas with poverty levels above the municipal average; 43 |
---|
| 72 | + | (B) Increasing achievement at public elementary and middle schools 44 |
---|
| 73 | + | Raised Bill No. 1138 |
---|
79 | | - | approach the highest levels of per-student funding at any elementary 50 |
---|
80 | | - | or middle school in the state. Schools that receive such grants shall (i) 51 |
---|
81 | | - | set goals to achieve scores in the top percentiles on the state-wide 52 |
---|
82 | | - | mastery examination under section 10-14n of the general statutes. The 53 |
---|
83 | | - | council shall set specific target goals for each school that receives a 54 |
---|
84 | | - | grant pursuant to this subparagraph, and (ii) guarantee that a student 55 |
---|
85 | | - | residing in the community impact zone will be able to attend that 56 |
---|
86 | | - | specific school; 57 |
---|
87 | | - | (C) Rebuilding community assets through: 58 |
---|
88 | | - | (i) The construction, renovation or repair of neighborhood 59 |
---|
89 | | - | structures or assets of economic or other community significance, 60 |
---|
90 | | - | including, but not limited to, playgrounds, sidewalks, parks, 61 |
---|
91 | | - | community centers, senior centers, public libraries, urban gardens and 62 |
---|
92 | | - | green spaces. Only projects for structures or assets that are owned by 63 |
---|
93 | | - | the federal, state or municipal government, the community 64 |
---|
94 | | - | development corporation located in the community impact zone 65 |
---|
95 | | - | where such structure or asset is located, the partnered community 66 |
---|
96 | | - | development credit union, as described in section 2 of this act, or a 67 |
---|
97 | | - | resident of the municipality in which such structure or asset is located 68 |
---|
98 | | - | shall be eligible to receive funding under this subparagraph. The 69 |
---|
99 | | - | corporation shall seek to train residents of the community impact zone 70 |
---|
100 | | - | to perform some of the work such projects require, directly or 71 |
---|
101 | | - | indirectly through partnerships with existing technical education and 72 |
---|
102 | | - | apprenticeship programs and with other entities; and 73 |
---|
103 | | - | (ii) The retention, sale or rental of such structures or assets after 74 |
---|
104 | | - | completion, provided any sale shall be to a resident of the community 75 |
---|
105 | | - | impact zone only. The partnered community development credit 76 |
---|
106 | | - | union may develop a cooperative model for owning and renting such 77 |
---|
107 | | - | structures or assets; 78 |
---|
108 | | - | (D) Increasing owner-occupancy of residential buildings through: 79 |
---|
109 | | - | (i) Tracking and undertaking efforts to increase the percentage of 80 Substitute Bill No. 1138 |
---|
| 77 | + | LCO No. 7328 3 of 39 |
---|
| 78 | + | |
---|
| 79 | + | located in the community impact zone. The corporation shall 45 |
---|
| 80 | + | coordinate with school officials of such schools to submit grant 46 |
---|
| 81 | + | applications to the community development corporation oversight 47 |
---|
| 82 | + | council to supplement per-student funding for such schools to match 48 |
---|
| 83 | + | or approach the highest levels of per-student funding at any 49 |
---|
| 84 | + | elementary or middle school in the state. Schools that receive such 50 |
---|
| 85 | + | grants shall (i) set goals to achieve scores in the top percentiles on the 51 |
---|
| 86 | + | state-wide mastery examination under section 10-14n of the general 52 |
---|
| 87 | + | statutes. The council shall set specific target goals for each school that 53 |
---|
| 88 | + | receives a grant pursuant to this subparagraph, and (ii) guarantee that 54 |
---|
| 89 | + | a student residing in the community impact zone will be able to attend 55 |
---|
| 90 | + | that specific school; 56 |
---|
| 91 | + | (C) Rebuilding community assets through: 57 |
---|
| 92 | + | (i) The construction, renovation or repair of neighborhood 58 |
---|
| 93 | + | structures or assets of economic or other community significance, 59 |
---|
| 94 | + | including, but not limited to, playgrounds, sidewalks, parks, 60 |
---|
| 95 | + | community centers, senior centers, public libraries, urban gardens and 61 |
---|
| 96 | + | green spaces. Projects that receive funding under this subparagraph 62 |
---|
| 97 | + | shall be owned by the federal, state or municipal government, the 63 |
---|
| 98 | + | community development corporation located in the community impact 64 |
---|
| 99 | + | zone where such project is located, the partnered community 65 |
---|
| 100 | + | development credit union, as described in section 2 of this act, or a 66 |
---|
| 101 | + | resident of the municipality in which such structure or asset is located. 67 |
---|
| 102 | + | The corporation shall seek to train residents of the community impact 68 |
---|
| 103 | + | zone to perform some of the work such projects require, directly or 69 |
---|
| 104 | + | indirectly through partnerships with existing technical education and 70 |
---|
| 105 | + | apprenticeship programs and with other entities; and 71 |
---|
| 106 | + | (ii) The retention, sale or rental of such projects after completion, 72 |
---|
| 107 | + | provided any sale shall be to a resident of the community impact zone 73 |
---|
| 108 | + | only. The partnered community development credit union may 74 |
---|
| 109 | + | develop a cooperative model for owning and renting such projects; 75 |
---|
| 110 | + | Raised Bill No. 1138 |
---|
116 | | - | owner-occupied residential buildings in the community impact zone. 81 |
---|
117 | | - | The corporation shall set five-year target percentages and shall 82 |
---|
118 | | - | periodically evaluate and revise such target amounts; 83 |
---|
119 | | - | (ii) The restoration and repair of multifamily rental buildings 84 |
---|
120 | | - | located in the community impact zone to convert such buildings into 85 |
---|
121 | | - | owner-occupied residential buildings or multifamily cooperative 86 |
---|
122 | | - | buildings with at least one unit to be a rental unit. Only projects for 87 |
---|
123 | | - | multifamily rental buildings owned by the community development 88 |
---|
124 | | - | corporation located in the community impact zone, the partnered 89 |
---|
125 | | - | community development credit union or a resident of the municipality 90 |
---|
126 | | - | in which such building is located shall be eligible to receive funding 91 |
---|
127 | | - | under this subparagraph. A multifamily rental building that is not 92 |
---|
128 | | - | owned by such corporation, credit union or resident may be 93 |
---|
129 | | - | considered for funding under this subparagraph, provided the owner 94 |
---|
130 | | - | of such building agrees, in writing, to terms set forth by the 95 |
---|
131 | | - | corporation that further the purposes of this section. The corporation 96 |
---|
132 | | - | may promote participation in existing state and housing programs to 97 |
---|
133 | | - | encourage owner occupancy; and 98 |
---|
134 | | - | (iii) The retention, sale or rental of such buildings after completion, 99 |
---|
135 | | - | provided any sale shall be to a resident of the community impact zone 100 |
---|
136 | | - | only. The corporation or the partnered community development credit 101 |
---|
137 | | - | union may develop a cooperative model for owning and renting such 102 |
---|
138 | | - | buildings; 103 |
---|
139 | | - | (E) Supporting pathways to home ownership through the offering 104 |
---|
140 | | - | of home buyer education and financial literacy programs in 105 |
---|
141 | | - | partnership with existing programs. All such partnerships shall be 106 |
---|
142 | | - | joint efforts between the community development corporation and its 107 |
---|
143 | | - | partnered community development credit union and each such credit 108 |
---|
144 | | - | union may develop and offer subsidized or incentivized financial 109 |
---|
145 | | - | products for individuals who participate in such programs; 110 |
---|
146 | | - | (F) Creating pipelines to employment for residents of a community 111 |
---|
147 | | - | impact zone through: 112 Substitute Bill No. 1138 |
---|
| 114 | + | LCO No. 7328 4 of 39 |
---|
| 115 | + | |
---|
| 116 | + | (D) Increasing owner-occupancy of residential buildings through: 76 |
---|
| 117 | + | (i) Tracking and undertaking efforts to increase the percentage of 77 |
---|
| 118 | + | owner-occupied residential buildings in the community impact zone. 78 |
---|
| 119 | + | The corporation shall set five-year target percentages and shall 79 |
---|
| 120 | + | periodically evaluate and revise such target amounts; 80 |
---|
| 121 | + | (ii) The restoration and repair of multifamily rental buildings 81 |
---|
| 122 | + | located in the community impact zone to convert such buildings into 82 |
---|
| 123 | + | owner-occupied residential buildings or multifamily cooperative 83 |
---|
| 124 | + | buildings with at least one unit to be a rental unit. Projects that receive 84 |
---|
| 125 | + | funding under this subparagraph shall be owned by the community 85 |
---|
| 126 | + | development corporation located in the community impact zone, the 86 |
---|
| 127 | + | partnered community development credit union or a resident of the 87 |
---|
| 128 | + | municipality in which such project is located. A multifamily rental 88 |
---|
| 129 | + | building that is not owned by such corporation, credit union or 89 |
---|
| 130 | + | resident may be considered for funding under this subparagraph, 90 |
---|
| 131 | + | provided the owner of such building agrees, in writing, to terms set 91 |
---|
| 132 | + | forth by the corporation that further the purposes of this section. The 92 |
---|
| 133 | + | corporation may promote participation in existing state and housing 93 |
---|
| 134 | + | programs to encourage owner occupancy; and 94 |
---|
| 135 | + | (iii) The retention, sale or rental of such buildings after completion, 95 |
---|
| 136 | + | provided any sale shall be to a resident of the community impact zone 96 |
---|
| 137 | + | only. The corporation or the partnered community development credit 97 |
---|
| 138 | + | union may develop a cooperative model for owning and renting such 98 |
---|
| 139 | + | buildings; 99 |
---|
| 140 | + | (E) Supporting pathways to home ownership through the offering 100 |
---|
| 141 | + | of home buyer education and financial literacy programs in 101 |
---|
| 142 | + | partnership with existing programs. All such partnerships shall be 102 |
---|
| 143 | + | joint efforts between the community development corporation and its 103 |
---|
| 144 | + | partnered community development credit union and each such credit 104 |
---|
| 145 | + | union may develop and offer subsidized or incentivized financial 105 |
---|
| 146 | + | products for individuals who participate in such programs; 106 |
---|
| 147 | + | Raised Bill No. 1138 |
---|
154 | | - | (i) The implementation of or participation in community work-113 |
---|
155 | | - | based training programs, in consultation or coordination with other 114 |
---|
156 | | - | organizations, including, but not limited to, the Workforce Investment 115 |
---|
157 | | - | Boards. Such programs shall provide preapprenticeship or 116 |
---|
158 | | - | apprenticeship opportunities by providing instruction or training to 117 |
---|
159 | | - | increase literacy, mathematics and other technical, prevocational or 118 |
---|
160 | | - | vocational skills and connecting workforce, economic development 119 |
---|
161 | | - | and education systems with businesses and other stakeholders in the 120 |
---|
162 | | - | community impact zone. All such efforts undertaken by a community 121 |
---|
163 | | - | development corporation shall focus on the residents of the 122 |
---|
164 | | - | community impact zone in which such corporation is located and on 123 |
---|
165 | | - | businesses offering or carrying out training programs, in order of 124 |
---|
166 | | - | priority, (I) within the community impact zone, (II) within the 125 |
---|
167 | | - | municipality in which the community impact zone is located, or (III) 126 |
---|
168 | | - | without the municipality; and 127 |
---|
169 | | - | (ii) The placement of residents of the community impact zone with 128 |
---|
170 | | - | businesses offering employment or on-the-job training that are, in 129 |
---|
171 | | - | order of priority, (I) within the community impact zone, (II) within the 130 |
---|
172 | | - | municipality in which the community impact zone is located, or (III) 131 |
---|
173 | | - | without the municipality only after the opportunities under subclauses 132 |
---|
174 | | - | (I) and (II) of this clause have been exhausted; 133 |
---|
175 | | - | (G) Expanding access to programs at existing community centers or 134 |
---|
176 | | - | senior centers that serve all residents of the community impact zone, 135 |
---|
177 | | - | regardless of age, or converting such existing centers to centers that 136 |
---|
178 | | - | serve all residents of the community impact zone, regardless of age; 137 |
---|
179 | | - | and 138 |
---|
180 | | - | (H) Providing municipal residents with low-cost transportation 139 |
---|
181 | | - | options by developing or supporting transportation alternatives within 140 |
---|
182 | | - | and between municipalities for travel to and from employment, home, 141 |
---|
183 | | - | school, retail stores and entertainment venues. 142 |
---|
184 | | - | (2) If the corporation has insufficient funds to execute to a high level 143 |
---|
185 | | - | of quality all of the strategies set forth in subdivision (1) of this 144 Substitute Bill No. 1138 |
---|
| 151 | + | LCO No. 7328 5 of 39 |
---|
| 152 | + | |
---|
| 153 | + | (F) Creating pipelines to employment for residents of a community 107 |
---|
| 154 | + | impact zone through: 108 |
---|
| 155 | + | (i) The implementation of or participation in community work-109 |
---|
| 156 | + | based training programs, in consultation or coordination with other 110 |
---|
| 157 | + | organizations, including, but not limited to, the Workforce Investment 111 |
---|
| 158 | + | Boards. Such programs shall provide preapprenticeship or 112 |
---|
| 159 | + | apprenticeship opportunities by providing instruction or training to 113 |
---|
| 160 | + | increase literacy, mathematics and other technical, prevocational or 114 |
---|
| 161 | + | vocational skills and connecting workforce, economic development 115 |
---|
| 162 | + | and education systems with businesses and other stakeholders in the 116 |
---|
| 163 | + | community impact zone. All such efforts undertaken by a community 117 |
---|
| 164 | + | development corporation shall focus on the residents of the 118 |
---|
| 165 | + | community impact zone in which such corporation is located and on 119 |
---|
| 166 | + | businesses offering or carrying out training programs, in order of 120 |
---|
| 167 | + | priority, (I) within the community impact zone, (II) within the 121 |
---|
| 168 | + | municipality in which the community impact zone is located, or (III) 122 |
---|
| 169 | + | without the municipality; and 123 |
---|
| 170 | + | (ii) The placement of residents of the community impact zone with 124 |
---|
| 171 | + | businesses offering employment or on-the-job training that are, in 125 |
---|
| 172 | + | order of priority, (I) within the community impact zone, (II) within the 126 |
---|
| 173 | + | municipality in which the community impact zone is located, or (III) 127 |
---|
| 174 | + | without the municipality only after the opportunities under subclauses 128 |
---|
| 175 | + | (I) and (II) of this clause have been exhausted; 129 |
---|
| 176 | + | (G) Expanding access to programs at existing community centers or 130 |
---|
| 177 | + | senior centers that serve all residents of the community impact zone, 131 |
---|
| 178 | + | regardless of age, or converting such existing centers to centers that 132 |
---|
| 179 | + | serve all residents of the community impact zone, regardless of age; 133 |
---|
| 180 | + | and 134 |
---|
| 181 | + | (H) Providing municipal residents with low-cost transportation 135 |
---|
| 182 | + | options by developing or supporting transportation alternatives within 136 |
---|
| 183 | + | and between municipalities for travel to and from employment, home, 137 |
---|
| 184 | + | Raised Bill No. 1138 |
---|
192 | | - | subsection, the corporation shall pursue each strategy in the order of 145 |
---|
193 | | - | priority listed in said subdivision, with an emphasis on achieving a 146 |
---|
194 | | - | high level of quality in the execution and implementation of such 147 |
---|
195 | | - | strategy before undertaking the next strategy listed. 148 |
---|
196 | | - | (d) A community development corporation may: 149 |
---|
197 | | - | (1) Acquire real property described in subsection (c) of this section 150 |
---|
198 | | - | in partnership with or in coordination with its partnered community 151 |
---|
199 | | - | development credit union; 152 |
---|
200 | | - | (2) Operate as or establish a subsidiary that operates as a contractor 153 |
---|
201 | | - | or subcontractor, provided such corporation or subsidiary complies 154 |
---|
202 | | - | with all applicable licensing and registration requirements under the 155 |
---|
203 | | - | general statutes; and 156 |
---|
204 | | - | (3) Partner or contract with contractors or subcontractors to carry 157 |
---|
205 | | - | out projects and related work for the purposes set forth in subsection 158 |
---|
206 | | - | (c) of this section, provided the corporation shall give primary priority 159 |
---|
207 | | - | to a contractor or subcontractor located in the community impact zone 160 |
---|
208 | | - | in which the corporation is located and secondary priority to a 161 |
---|
209 | | - | contractor or subcontractor located in the municipality in which the 162 |
---|
210 | | - | corporation is located. 163 |
---|
211 | | - | (e) Not later than six months after being designated as a community 164 |
---|
212 | | - | development corporation, such corporation shall (1) identify a 165 |
---|
213 | | - | Connecticut credit union located within the municipality in which 166 |
---|
214 | | - | such corporation is located that will apply to the community 167 |
---|
215 | | - | development corporation oversight council for designation as a 168 |
---|
216 | | - | community development credit union pursuant to section 2 of this act, 169 |
---|
217 | | - | or (2) issue a request for proposal for the organization of a new 170 |
---|
218 | | - | Connecticut credit union to partner with, or for an existing 171 |
---|
219 | | - | Connecticut credit union to partner with, such corporation. 172 |
---|
220 | | - | (f) Notwithstanding the provisions of chapter 846 of the general 173 |
---|
221 | | - | statutes or section 12-157 of the general statutes, a community 174 |
---|
222 | | - | development corporation shall be offered the right of first refusal in 175 Substitute Bill No. 1138 |
---|
| 188 | + | LCO No. 7328 6 of 39 |
---|
| 189 | + | |
---|
| 190 | + | school, retail stores and entertainment venues. 138 |
---|
| 191 | + | (2) If the corporation has insufficient funds to execute to a high level 139 |
---|
| 192 | + | of quality all of the strategies set forth in subdivision (1) of this 140 |
---|
| 193 | + | subsection, the corporation shall pursue each strategy in the order 141 |
---|
| 194 | + | listed in said subdivision, with an emphasis on achieving a high level 142 |
---|
| 195 | + | of quality in the execution and implementation of such strategy before 143 |
---|
| 196 | + | undertaking the next strategy listed. 144 |
---|
| 197 | + | (d) A community development corporation may: 145 |
---|
| 198 | + | (1) Acquire real property described in subsection (b) of this section 146 |
---|
| 199 | + | in partnership with or in coordination with its partnered community 147 |
---|
| 200 | + | development credit union; 148 |
---|
| 201 | + | (2) Operate as or establish a subsidiary that operates as a contractor 149 |
---|
| 202 | + | or subcontractor, provided such corporation or subsidiary complies 150 |
---|
| 203 | + | with all applicable licensing and registration requirements under the 151 |
---|
| 204 | + | general statutes; and 152 |
---|
| 205 | + | (3) Partner or contract with contractors or subcontractors to carry 153 |
---|
| 206 | + | out projects and related work for the purposes set forth in subsection 154 |
---|
| 207 | + | (b) of this section, provided the corporation shall give primary priority 155 |
---|
| 208 | + | to a contractor or subcontractor located in the community impact zone 156 |
---|
| 209 | + | in which the corporation is located and secondary priority to a 157 |
---|
| 210 | + | contractor or subcontractor located in the municipality in which the 158 |
---|
| 211 | + | corporation is located. 159 |
---|
| 212 | + | (e) Not later than six months after being designated as a community 160 |
---|
| 213 | + | development corporation, such corporation shall (1) identify a 161 |
---|
| 214 | + | Connecticut credit union located within the municipality in which 162 |
---|
| 215 | + | such corporation is located that will apply to the community 163 |
---|
| 216 | + | development corporation oversight council for designation as a 164 |
---|
| 217 | + | community development credit union pursuant to section 2 of this act, 165 |
---|
| 218 | + | or (2) issue a request for proposal for the organization of a new 166 |
---|
| 219 | + | Connecticut credit union to partner with or for an existing Connecticut 167 |
---|
| 220 | + | Raised Bill No. 1138 |
---|
229 | | - | the sale of any real property that has been foreclosed or is being sold at 176 |
---|
230 | | - | public auction and is located in the community impact zone in which 177 |
---|
231 | | - | such corporation is located, provided such corporation has timely 178 |
---|
232 | | - | notified the mortgagee or the town tax collector, as applicable, of such 179 |
---|
233 | | - | corporation's interest in acquiring such property. 180 |
---|
234 | | - | (g) Each community development corporation shall submit a 181 |
---|
235 | | - | financial report to the community development corporation oversight 182 |
---|
236 | | - | council, on such frequency as the council shall require but at least 183 |
---|
237 | | - | annually, and include such information as the council requires. 184 |
---|
238 | | - | (h) (1) A community development corporation may request that its 185 |
---|
239 | | - | designation be removed. The community development corporation 186 |
---|
240 | | - | oversight council may grant such request, provided the council 187 |
---|
241 | | - | designates, from prior submitted applications or through a new 188 |
---|
242 | | - | request for application submissions, another entity to replace such 189 |
---|
243 | | - | corporation. 190 |
---|
244 | | - | (2) The council may remove the designation of any community 191 |
---|
245 | | - | development corporation that the council determines is unable to or is 192 |
---|
246 | | - | deficient in carrying out the purposes of this section, provided the 193 |
---|
247 | | - | corporation has been afforded an opportunity to address and improve 194 |
---|
248 | | - | any deficiencies noted by the council. 195 |
---|
249 | | - | Sec. 2. (NEW) (Effective from passage) (a) There are established 196 |
---|
250 | | - | community development credit unions, which shall partner with 197 |
---|
251 | | - | community development corporations, established under section 1 of 198 |
---|
252 | | - | this act, to further the community restoration and revitalization 199 |
---|
253 | | - | purposes set forth in this section and section 1 of this act. 200 |
---|
254 | | - | (b) (1) Any Connecticut credit union organized under chapter 667 of 201 |
---|
255 | | - | the general statutes and in compliance with the provisions of said 202 |
---|
256 | | - | chapter or any Connecticut credit union service organization, as 203 |
---|
257 | | - | defined in section 36a-2 of the general statutes, may apply to the 204 |
---|
258 | | - | community development corporation oversight council established 205 |
---|
259 | | - | under section 3 of this act to be designated as a community 206 Substitute Bill No. 1138 |
---|
| 224 | + | LCO No. 7328 7 of 39 |
---|
| 225 | + | |
---|
| 226 | + | credit union to partner with, such corporation. 168 |
---|
| 227 | + | (f) Notwithstanding the provisions of chapter 846 of the general 169 |
---|
| 228 | + | statutes or section 12-157 of the general statutes, a community 170 |
---|
| 229 | + | development corporation shall be offered the right of first refusal in 171 |
---|
| 230 | + | the sale of any real property that has been foreclosed or is being sold at 172 |
---|
| 231 | + | public auction and is located in the community impact zone in which 173 |
---|
| 232 | + | such corporation is located, provided such corporation has timely 174 |
---|
| 233 | + | notified the mortgagee or the town tax collector, as applicable, of such 175 |
---|
| 234 | + | corporation's interest in acquiring such property. 176 |
---|
| 235 | + | (g) Each community development corporation shall submit a 177 |
---|
| 236 | + | financial report to the community development corporation oversight 178 |
---|
| 237 | + | council, on such frequency as the council shall require but at least 179 |
---|
| 238 | + | annually, and include such information as the council requires. 180 |
---|
| 239 | + | (h) (1) A community development corporation may request that its 181 |
---|
| 240 | + | designation be removed. The community development corporation 182 |
---|
| 241 | + | oversight council may grant such request, provided the council 183 |
---|
| 242 | + | designates, from prior submitted applications or through a new 184 |
---|
| 243 | + | request for application submissions, another entity to replace such 185 |
---|
| 244 | + | corporation. 186 |
---|
| 245 | + | (2) The council may remove the designation of any community 187 |
---|
| 246 | + | development corporation that the council determines is unable to or is 188 |
---|
| 247 | + | deficient in carrying out the purposes of this section, provided the 189 |
---|
| 248 | + | corporation has been afforded an opportunity to address and improve 190 |
---|
| 249 | + | any deficiencies noted by the council. 191 |
---|
| 250 | + | Sec. 2. (NEW) (Effective from passage) (a) There are established 192 |
---|
| 251 | + | community development credit unions, which shall partner with 193 |
---|
| 252 | + | community development corporations, established under section 1 of 194 |
---|
| 253 | + | this act, to further the community restoration and revitalization 195 |
---|
| 254 | + | purposes set forth in this section and section 1 of this act. 196 |
---|
| 255 | + | (b) (1) Any Connecticut credit union organized under chapter 667 of 197 |
---|
| 256 | + | Raised Bill No. 1138 |
---|
266 | | - | development credit union. 207 |
---|
267 | | - | (2) To be designated as a community development credit union, a 208 |
---|
268 | | - | Connecticut credit union or Connecticut credit union service 209 |
---|
269 | | - | organization shall: 210 |
---|
270 | | - | (A) Serve low-income and moderate-income individuals and 211 |
---|
271 | | - | communities that have limited access to affordable financial services 212 |
---|
272 | | - | and products, with priority given to credit unions that specialize in (i) 213 |
---|
273 | | - | providing home mortgages or small business loans to members with 214 |
---|
274 | | - | imperfect, limited or no credit history, (ii) providing financial 215 |
---|
275 | | - | education and counseling to its members, and (iii) offering products, 216 |
---|
276 | | - | services and support at a low or reasonable cost to its members; and 217 |
---|
277 | | - | (B) Agree to partner with or be partnered with at least one 218 |
---|
278 | | - | community development corporation and focus its activities and 219 |
---|
279 | | - | efforts to support such corporation's purposes set forth in section 1 of 220 |
---|
280 | | - | this act. 221 |
---|
281 | | - | (c) Each community development credit union shall: 222 |
---|
282 | | - | (1) Submit its governance structure to the community development 223 |
---|
283 | | - | corporation oversight council for review and approve the addition of 224 |
---|
284 | | - | representatives of its partnered community development corporation 225 |
---|
285 | | - | to its governing board, executive committee or supervisory committee 226 |
---|
286 | | - | or similar board or committee, in such numbers and as agreed to by 227 |
---|
287 | | - | such credit union and corporation; 228 |
---|
288 | | - | (2) If applicable and necessary, expand its field of membership in 229 |
---|
289 | | - | accordance with section 36a-438a of the general statutes, to allow all 230 |
---|
290 | | - | residents of all community impact zones within the municipality in 231 |
---|
291 | | - | which its partnered community development corporation is located, to 232 |
---|
292 | | - | be members of such credit union; 233 |
---|
293 | | - | (3) Offer or agree to offer free or low-cost basic checking and 234 |
---|
294 | | - | savings account services to all residents of the community impact zone 235 |
---|
295 | | - | in which its partnered community development corporation is located; 236 Substitute Bill No. 1138 |
---|
| 260 | + | LCO No. 7328 8 of 39 |
---|
| 261 | + | |
---|
| 262 | + | the general statutes and in compliance with the provisions of said 198 |
---|
| 263 | + | chapter or Connecticut credit union service organization, as defined in 199 |
---|
| 264 | + | section 36a-2 of the general statutes, may apply to the community 200 |
---|
| 265 | + | development corporation oversight council established under section 3 201 |
---|
| 266 | + | of this act to be designated as a community development credit union. 202 |
---|
| 267 | + | (2) To be designated as a community development credit union, a 203 |
---|
| 268 | + | Connecticut credit union or Connecticut credit union service 204 |
---|
| 269 | + | organization shall: 205 |
---|
| 270 | + | (A) Serve low-income and moderate-income people and 206 |
---|
| 271 | + | communities that have limited access to affordable financial services 207 |
---|
| 272 | + | and products, with priority given to credit unions that specialize in (i) 208 |
---|
| 273 | + | providing home mortgages or small business loans to members with 209 |
---|
| 274 | + | imperfect, limited or no credit history, (ii) providing financial 210 |
---|
| 275 | + | education and counseling to its members, and (iii) offering products, 211 |
---|
| 276 | + | services and support at a low or reasonable cost to its members; and 212 |
---|
| 277 | + | (B) Agree to partner with or be partnered with at least one 213 |
---|
| 278 | + | community development corporation and focus its activities and 214 |
---|
| 279 | + | efforts to support such corporation's purposes set forth in section 1 of 215 |
---|
| 280 | + | this act. 216 |
---|
| 281 | + | (c) Each community development credit union shall: 217 |
---|
| 282 | + | (1) Submit its governance structure to the community development 218 |
---|
| 283 | + | corporation oversight council for review and approve the addition of 219 |
---|
| 284 | + | representatives of its partnered community development corporation 220 |
---|
| 285 | + | to its governing board, executive committee or supervisory committee 221 |
---|
| 286 | + | or similar board or committee, in such numbers and as agreed to by 222 |
---|
| 287 | + | such credit union and corporation; 223 |
---|
| 288 | + | (2) If applicable and necessary, expand its field of membership in 224 |
---|
| 289 | + | accordance with section 36a-438a of the general statutes, to allow all 225 |
---|
| 290 | + | residents of all community impact zones within the municipality in 226 |
---|
| 291 | + | which its partnered community development corporation is located, to 227 |
---|
| 292 | + | Raised Bill No. 1138 |
---|
302 | | - | (4) Agree to establish or relocate a location in the community impact 237 |
---|
303 | | - | zone in which its partnered community development corporation is 238 |
---|
304 | | - | located after such zones are designated pursuant to section 3 of this 239 |
---|
305 | | - | act. Such credit union shall not be precluded from establishing or 240 |
---|
306 | | - | having locations elsewhere in the state or establishing or having 241 |
---|
307 | | - | multiple locations within the municipality in which the community 242 |
---|
308 | | - | impact zone is located; and 243 |
---|
309 | | - | (5) Develop and issue, in consultation with its partnered community 244 |
---|
310 | | - | development corporation, social impact bonds to support or 245 |
---|
311 | | - | supplement the efforts of such corporation. Such bonds shall be 246 |
---|
312 | | - | designed to maximize tax benefits to investors, where the community 247 |
---|
313 | | - | impact zone in which such corporation is located aligns with federal 248 |
---|
314 | | - | qualified opportunity zones. 249 |
---|
315 | | - | (d) A community development credit union may: 250 |
---|
316 | | - | (1) Develop low-cost or subsidized financial products and services 251 |
---|
317 | | - | to support the community development goals of its partnered 252 |
---|
318 | | - | community development corporation and apply to the community 253 |
---|
319 | | - | development corporation oversight council for funding for such 254 |
---|
320 | | - | purpose; and 255 |
---|
321 | | - | (2) Collaborate with its partnered community development 256 |
---|
322 | | - | corporation to help finance or facilitate investments in real property or 257 |
---|
323 | | - | community structures and assets pursuant to section 1 of this act. 258 |
---|
324 | | - | (e) Each community development credit union shall submit a 259 |
---|
325 | | - | financial report to the community development corporation oversight 260 |
---|
326 | | - | council, on such frequency as the council shall require but at least 261 |
---|
327 | | - | annually, and include such information as the council requires. 262 |
---|
328 | | - | (f) (1) A community development credit union may request that its 263 |
---|
329 | | - | designation be removed and that it no longer be partnered with its 264 |
---|
330 | | - | community development corporation. The community development 265 |
---|
331 | | - | corporation oversight council may grant such request, provided such 266 |
---|
332 | | - | corporation identifies another Connecticut credit union or Connecticut 267 Substitute Bill No. 1138 |
---|
| 296 | + | LCO No. 7328 9 of 39 |
---|
| 297 | + | |
---|
| 298 | + | be members of such credit union; 228 |
---|
| 299 | + | (3) Offer or agree to offer free or low-cost basic checking and 229 |
---|
| 300 | + | savings account services to all residents of the community impact zone 230 |
---|
| 301 | + | in which its partnered community development corporation is located; 231 |
---|
| 302 | + | (4) Agree to establish or relocate a location in the community impact 232 |
---|
| 303 | + | zone in which its partnered community development corporation is 233 |
---|
| 304 | + | located after such zones are designated pursuant to section 3 of this 234 |
---|
| 305 | + | act. Such credit union shall not be precluded from establishing or 235 |
---|
| 306 | + | having locations elsewhere in the state or establishing or having 236 |
---|
| 307 | + | multiple locations within the municipality in which the community 237 |
---|
| 308 | + | impact zone is located; and 238 |
---|
| 309 | + | (5) Develop, in consultation with its partnered community 239 |
---|
| 310 | + | development corporation, and issue, social impact bonds to support or 240 |
---|
| 311 | + | supplement the efforts of such corporation. Such bonds shall be 241 |
---|
| 312 | + | designed to maximize tax benefits to investors where the community 242 |
---|
| 313 | + | impact zone in which such corporation is located aligns with federal 243 |
---|
| 314 | + | qualified opportunity zones. 244 |
---|
| 315 | + | (d) A community development credit union may: 245 |
---|
| 316 | + | (1) Develop low-cost or subsidized financial products and services 246 |
---|
| 317 | + | to support the community development goals of its pa rtnered 247 |
---|
| 318 | + | community development corporation and apply to the community 248 |
---|
| 319 | + | development corporation oversight council for funding for such 249 |
---|
| 320 | + | purpose; and 250 |
---|
| 321 | + | (2) Collaborate with its partnered community development 251 |
---|
| 322 | + | corporation to help finance or facilitate investments in real property or 252 |
---|
| 323 | + | community structures and assets pursuant to section 1 of this act. 253 |
---|
| 324 | + | (e) Each community development credit union shall submit a 254 |
---|
| 325 | + | financial report to the community development corporation oversight 255 |
---|
| 326 | + | council, on such frequency as the council shall require but at least 256 |
---|
| 327 | + | Raised Bill No. 1138 |
---|
339 | | - | credit union service organization to replace such credit union or issues 268 |
---|
340 | | - | a request for proposal for the organization of a new Connecticut credit 269 |
---|
341 | | - | union or Connecticut credit union service organization with which to 270 |
---|
342 | | - | partner. 271 |
---|
343 | | - | (2) The council may remove the designation of any community 272 |
---|
344 | | - | development credit union that the council determines is unable to or is 273 |
---|
345 | | - | deficient in carrying out the purposes of this section, provided the 274 |
---|
346 | | - | credit union has been afforded an opportunity to address and improve 275 |
---|
347 | | - | any deficiencies noted by the council. 276 |
---|
348 | | - | Sec. 3. (NEW) (Effective from passage) (a) As used in this section, 277 |
---|
349 | | - | "municipality" means any town, city or borough, consolidated town 278 |
---|
350 | | - | and city or consolidated town and borough and "distressed 279 |
---|
351 | | - | municipality" has the same meaning as provided in section 32-9p of 280 |
---|
352 | | - | the general statutes. 281 |
---|
353 | | - | (b) (1) There is established a community development corporation 282 |
---|
354 | | - | oversight council, which shall be part of the Legislative Department. 283 |
---|
355 | | - | The council shall consist of the following members: (A) The Treasurer; 284 |
---|
356 | | - | (B) the Commissioner of Economic and Community Development; (C) 285 |
---|
357 | | - | the executive director of the Commission on Equity and Opportunity, 286 |
---|
358 | | - | established pursuant to section 2-127 of the general statutes; and (D) 287 |
---|
359 | | - | four members appointed by the Governor. In making the 288 |
---|
360 | | - | appointments under subparagraph (D) of this subdivision, the 289 |
---|
361 | | - | Governor shall seek to appoint individuals who have broad 290 |
---|
362 | | - | community knowledge and experience with communities within the 291 |
---|
363 | | - | eligible census tracts selected by the Secretary of the Office of Policy 292 |
---|
364 | | - | and Management pursuant to subsection (f) of this section and are 293 |
---|
365 | | - | reflective of the ethnic, gender and economic diversity of such 294 |
---|
366 | | - | communities. All appointments to the council shall be made on or after 295 |
---|
367 | | - | August 1, 2019, but not later than August 31, 2019. 296 |
---|
368 | | - | (2) The Treasurer and the Commissioner of Economic and 297 |
---|
369 | | - | Community Development shall serve as cochairpersons of the council 298 |
---|
370 | | - | and shall jointly schedule the first meeting of the council, which shall 299 Substitute Bill No. 1138 |
---|
| 331 | + | LCO No. 7328 10 of 39 |
---|
| 332 | + | |
---|
| 333 | + | annually and include such information as the council requires. 257 |
---|
| 334 | + | (f) (1) A community development credit union may request that its 258 |
---|
| 335 | + | designation be removed and that it no longer be partnered with its 259 |
---|
| 336 | + | community development corporation. The community development 260 |
---|
| 337 | + | corporation oversight council may grant such request, provided such 261 |
---|
| 338 | + | corporation identifies another Connecticut credit union or Connecticut 262 |
---|
| 339 | + | credit union service organization to replace such credit union or issues 263 |
---|
| 340 | + | a request for proposal for the organization of a new Connecticut credit 264 |
---|
| 341 | + | union or Connecticut credit union service organization with which to 265 |
---|
| 342 | + | partner. 266 |
---|
| 343 | + | (2) The council may remove the designation of any community 267 |
---|
| 344 | + | development credit union that the council determines is unable to or is 268 |
---|
| 345 | + | deficient in carrying out the purposes of this section, provided the 269 |
---|
| 346 | + | credit union has been afforded an opportunity to address and improve 270 |
---|
| 347 | + | any deficiencies noted by the council. 271 |
---|
| 348 | + | Sec. 3. (NEW) (Effective from passage) (a) As used in this section, 272 |
---|
| 349 | + | "municipality" means any town, city or borough, consolidated town 273 |
---|
| 350 | + | and city or consolidated town and borough and "distressed 274 |
---|
| 351 | + | municipality" has the same meaning as provided in section 32-9p of 275 |
---|
| 352 | + | the general statutes. 276 |
---|
| 353 | + | (b) (1) There is established a community development corporation 277 |
---|
| 354 | + | oversight council, which shall be part of the Legislative Department. 278 |
---|
| 355 | + | The council shall consist of the following members: (A) The Treasurer; 279 |
---|
| 356 | + | (B) the Commissioner of Economic and Community Development; (C) 280 |
---|
| 357 | + | the executive director of the Commission on Equity and Opportunity, 281 |
---|
| 358 | + | established pursuant to section 2-127 of the general statutes; and (D) 282 |
---|
| 359 | + | four members appointed by the Governor. In making the appointment 283 |
---|
| 360 | + | under subparagraph (D) of this subdivision, the Governor shall seek to 284 |
---|
| 361 | + | appoint individuals who have broad community knowledge and 285 |
---|
| 362 | + | experience with communities within the eligible census tracts selected 286 |
---|
| 363 | + | by the Secretary of the Office of Policy and Management pursuant to 287 |
---|
| 364 | + | Raised Bill No. 1138 |
---|
377 | | - | be held not later than September 1, 2019. On and after January 1, 2020, 300 |
---|
378 | | - | the council shall meet not fewer than six times each year. A majority of 301 |
---|
379 | | - | the council shall constitute a quorum for the transaction of any 302 |
---|
380 | | - | business. 303 |
---|
381 | | - | (3) Any vacancy shall be filled by the appointing authority. Any 304 |
---|
382 | | - | vacancy occurring other than by expiration of term shall be filled for 305 |
---|
383 | | - | the balance of the unexpired term. 306 |
---|
384 | | - | (4) The members of the council shall serve without compensation, 307 |
---|
385 | | - | but shall, within the limits of available funds, be reimbursed for 308 |
---|
386 | | - | expenses necessarily incurred in the performance of their duties. 309 |
---|
387 | | - | (5) The administrative staff of the joint standing committee of the 310 |
---|
388 | | - | General Assembly having cognizance of matters relating to economic 311 |
---|
389 | | - | development shall serve as administrative staff of the council. 312 |
---|
390 | | - | (c) The council shall: 313 |
---|
391 | | - | (1) Establish criteria for designation as a community development 314 |
---|
392 | | - | corporation, community development credit union and community 315 |
---|
393 | | - | impact zone and designate such corporations, credit unions and zones 316 |
---|
394 | | - | in accordance with the provisions of this section and sections 1 and 2 317 |
---|
395 | | - | of this act; 318 |
---|
396 | | - | (2) Establish an annual budget in accordance with the provisions of 319 |
---|
397 | | - | this section; 320 |
---|
398 | | - | (3) Oversee the investments of, deposits in and disbursements from 321 |
---|
399 | | - | the Community Development Corporation Trust Fund established 322 |
---|
400 | | - | under section 4 of this act; 323 |
---|
401 | | - | (4) Approve the programs, services and activities of and efforts 324 |
---|
402 | | - | undertaken by community development corporations and community 325 |
---|
403 | | - | development credit unions to further the purposes of this section and 326 |
---|
404 | | - | sections 1 and 2 of this act; 327 Substitute Bill No. 1138 |
---|
| 368 | + | LCO No. 7328 11 of 39 |
---|
| 369 | + | |
---|
| 370 | + | subsection (f) of this section and are reflective of the ethnic, gender and 288 |
---|
| 371 | + | economic diversity of such communities. All appointments to the 289 |
---|
| 372 | + | council shall be made on or after August 1, 2019. 290 |
---|
| 373 | + | (2) The Treasurer and the Commissioner of Economic and 291 |
---|
| 374 | + | Community Development shall serve as cochairpersons of the council 292 |
---|
| 375 | + | and shall jointly schedule the first meeting of the council, which shall 293 |
---|
| 376 | + | be held not later than September 1, 2019. On and after January 1, 2020, 294 |
---|
| 377 | + | the council shall meet not fewer than six times each year. A majority of 295 |
---|
| 378 | + | the council shall constitute a quorum for the transaction of any 296 |
---|
| 379 | + | business. 297 |
---|
| 380 | + | (3) Any vacancy shall be filled by the appointing authority. Any 298 |
---|
| 381 | + | vacancy occurring other than by expiration of term shall be filled for 299 |
---|
| 382 | + | the balance of the unexpired term. 300 |
---|
| 383 | + | (4) The members of the council shall serve without compensation, 301 |
---|
| 384 | + | but shall, within the limits of available funds, be reimbursed for 302 |
---|
| 385 | + | expenses necessarily incurred in the performance of their duties. 303 |
---|
| 386 | + | (5) The administrative staff of the joint standing committee of the 304 |
---|
| 387 | + | General Assembly having cognizance of matters relating to economic 305 |
---|
| 388 | + | development shall serve as administrative staff of the council. 306 |
---|
| 389 | + | (c) The council shall: 307 |
---|
| 390 | + | (1) Establish criteria for designation as a community development 308 |
---|
| 391 | + | corporation, community development credit union and community 309 |
---|
| 392 | + | impact zone and designate such corporations, credit unions and zones 310 |
---|
| 393 | + | in accordance with the provisions of this section and sections 1 and 2 311 |
---|
| 394 | + | of this act; 312 |
---|
| 395 | + | (2) Establish an annual budget in accordance with the provisions of 313 |
---|
| 396 | + | this section; 314 |
---|
| 397 | + | (3) Oversee the investments of, deposits in and disbursements from 315 |
---|
| 398 | + | the Community Development Corporation Trust Fund established 316 |
---|
| 399 | + | Raised Bill No. 1138 |
---|
411 | | - | (5) Oversee, support and coordinate the programs, services and 328 |
---|
412 | | - | activities of and efforts undertaken by community development 329 |
---|
413 | | - | corporations and community development credit unions under 330 |
---|
414 | | - | sections 1 and 2 of this act, within and across municipalities and with 331 |
---|
415 | | - | other relevant state agencies, entities and initiatives; 332 |
---|
416 | | - | (6) Advise community development corporations, community 333 |
---|
417 | | - | development credit unions, state agencies and other entities with 334 |
---|
418 | | - | respect to the core purposes of community development corporations 335 |
---|
419 | | - | and community development credit unions; 336 |
---|
420 | | - | (7) Review the disbursement of funds to, and contracts entered into 337 |
---|
421 | | - | by, community development corporations and community 338 |
---|
422 | | - | development credit unions, to evaluate the impact and effectiveness of 339 |
---|
423 | | - | such disbursements and ensure that decisions made by such 340 |
---|
424 | | - | corporations and credit unions regarding services or grants provided 341 |
---|
425 | | - | or other financial instruments issued are based solely on the purposes 342 |
---|
426 | | - | set forth in sections 1 and 2 of this act; 343 |
---|
427 | | - | (8) Review the reports submitted to the council by community 344 |
---|
428 | | - | development corporations and community development credit unions; 345 |
---|
429 | | - | and 346 |
---|
430 | | - | (9) Do all things necessary to carry out its duties and responsibilities 347 |
---|
431 | | - | under sections 1 to 4, inclusive, of this act. 348 |
---|
432 | | - | (d) The council shall designate community development credit 349 |
---|
433 | | - | unions from among applicants that fulfill the requirements set forth in 350 |
---|
434 | | - | subsection (b) of section 2 of this act. The council may designate only 351 |
---|
435 | | - | one community development credit union for each municipality. 352 |
---|
436 | | - | (e) The council shall designate community development 353 |
---|
437 | | - | corporations in accordance with the provisions of this subsection. 354 |
---|
438 | | - | (1) Not later than October 1, 2019, the council shall release its criteria 355 |
---|
439 | | - | for prospective applicants seeking designation as a community 356 |
---|
440 | | - | development corporation. In addition to the requirements set forth in 357 Substitute Bill No. 1138 |
---|
| 403 | + | LCO No. 7328 12 of 39 |
---|
| 404 | + | |
---|
| 405 | + | under section 4 of this act; 317 |
---|
| 406 | + | (4) Approve the programs, services and activities of and efforts 318 |
---|
| 407 | + | undertaken by community development corporations and community 319 |
---|
| 408 | + | development credit unions to further the purposes of this section and 320 |
---|
| 409 | + | sections 1 and 2 of this act; 321 |
---|
| 410 | + | (5) Oversee, support and coordinate the programs, services and 322 |
---|
| 411 | + | activities of and efforts undertaken by community development 323 |
---|
| 412 | + | corporations and community development credit unions under 324 |
---|
| 413 | + | sections 1 and 2 of this act, within and across municipalities and with 325 |
---|
| 414 | + | other relevant state agencies, entities and initiatives; 326 |
---|
| 415 | + | (6) Advise community development corporations, community 327 |
---|
| 416 | + | development credit unions, state agencies and other entities with 328 |
---|
| 417 | + | respect to the core purposes of community development corporations 329 |
---|
| 418 | + | and community development credit unions; 330 |
---|
| 419 | + | (7) Review the disbursement of funds to, and contracts entered into 331 |
---|
| 420 | + | by, community dev elopment corporations and community 332 |
---|
| 421 | + | development credit unions, to evaluate the impact and effectiveness of 333 |
---|
| 422 | + | such disbursements and ensure that decisions made by such 334 |
---|
| 423 | + | corporations and credit unions regarding services provided or grants 335 |
---|
| 424 | + | or other financial instruments issued are based solely on the purposes 336 |
---|
| 425 | + | set forth in sections 1 and 2 of this act; 337 |
---|
| 426 | + | (8) Review the reports submitted to the council by community 338 |
---|
| 427 | + | development corporations and community development credit unions; 339 |
---|
| 428 | + | and 340 |
---|
| 429 | + | (9) Do all things necessary to carry out its duties and responsibilities 341 |
---|
| 430 | + | under sections 1 to 4, inclusive, of this act. 342 |
---|
| 431 | + | (d) The council shall designate community development credit 343 |
---|
| 432 | + | unions from among applicants that fulfill the requirements set forth in 344 |
---|
| 433 | + | subsection (b) of section 2 of this act. The council may designate only 345 |
---|
| 434 | + | Raised Bill No. 1138 |
---|
447 | | - | section 1 of this act, such criteria shall take into consideration the goals, 358 |
---|
448 | | - | purposes and requirements set forth in said section and shall include, 359 |
---|
449 | | - | but not be limited to, (A) whether the applicant has broad community 360 |
---|
450 | | - | representation in its leadership and governance, with an emphasis on 361 |
---|
451 | | - | ethnic and economic diversity reflective of the municipality in which 362 |
---|
452 | | - | the applicant is located, and (B) the professional competence and 363 |
---|
453 | | - | relevant experience of the applicant's management and staff. Each 364 |
---|
454 | | - | applicant shall include (i) a letter of support from the chief elected 365 |
---|
455 | | - | official of the municipality in which the applicant is located, and (ii) a 366 |
---|
456 | | - | statement that the applicant agrees to locate its office in a community 367 |
---|
457 | | - | impact zone once such zones are designated. The council shall accept 368 |
---|
458 | | - | applications on or after October 1, 2019, until and including January 369 |
---|
459 | | - | 31, 2020. 370 |
---|
460 | | - | (2) Not later than March 1, 2020, the council shall announce its 371 |
---|
461 | | - | selections for designated community development corporations. The 372 |
---|
462 | | - | council may designate only one community development corporation 373 |
---|
463 | | - | for each municipality. 374 |
---|
464 | | - | (f) The Secretary of the Office of Policy and Management shall select 375 |
---|
465 | | - | eligible census tracts and the council shall designate community 376 |
---|
466 | | - | impact zones, in accordance with the provisions of this subsection. 377 |
---|
467 | | - | (1) The secretary shall select census tracts within distressed 378 |
---|
468 | | - | municipalities that will be eligible to have a community impact zone or 379 |
---|
469 | | - | zones designated within such tract. The secretary shall consider, but 380 |
---|
470 | | - | need not be limited to, the following metrics for each census tract: (A) 381 |
---|
471 | | - | The educational level attained by the population, specifically the 382 |
---|
472 | | - | percentage of the population attaining an associate degree or a 383 |
---|
473 | | - | bachelor's degree; (B) the most recent third grade scores on the state-384 |
---|
474 | | - | wide mastery examination under section 10-14n of the general statutes 385 |
---|
475 | | - | for reading; (C) the most recent third grade scores on the state-wide 386 |
---|
476 | | - | mastery examination under section 10-14n of the general statutes for 387 |
---|
477 | | - | mathematics; (D) the unemployment rate; (E) the state of the local 388 |
---|
478 | | - | economy, employment availability and access and diversity of jobs; (F) 389 |
---|
479 | | - | the percentage of the population receiving public assistance; (G) the 390 Substitute Bill No. 1138 |
---|
| 438 | + | LCO No. 7328 13 of 39 |
---|
| 439 | + | |
---|
| 440 | + | one community development credit union for each municipality. 346 |
---|
| 441 | + | (e) The council shall designate community development 347 |
---|
| 442 | + | corporations in accordance with the provisions of this subsection. 348 |
---|
| 443 | + | (1) Not later than October 1, 2019, the council shall release its criteria 349 |
---|
| 444 | + | for prospective applicants seeking designation as a community 350 |
---|
| 445 | + | development corporation. In addition to the requirements set forth in 351 |
---|
| 446 | + | section 1 of this act, such criteria shall take into consideration the goals, 352 |
---|
| 447 | + | purposes and requirements set forth in said section and shall include, 353 |
---|
| 448 | + | but not be limited to, (A) whether the applicant has broad community 354 |
---|
| 449 | + | representation in its leadership and governance, with an emphasis on 355 |
---|
| 450 | + | ethnic and economic diversity reflective of the municipality in which 356 |
---|
| 451 | + | the applicant is located, and (B) the professional competence and 357 |
---|
| 452 | + | relevant experience of the applicant's management and staff. Each 358 |
---|
| 453 | + | applicant shall include (i) a letter of support from the chief elected 359 |
---|
| 454 | + | official of the municipality in which the applicant is located, and (ii) a 360 |
---|
| 455 | + | statement that the applicant agrees to locate its office in a community 361 |
---|
| 456 | + | impact zone once such zone is designated. The council shall accept 362 |
---|
| 457 | + | applications on or after October 1, 2019, until and including January 363 |
---|
| 458 | + | 31, 2020. 364 |
---|
| 459 | + | (2) Not later than March 1, 2020, the council shall announce its 365 |
---|
| 460 | + | selections for designated community development corporations. The 366 |
---|
| 461 | + | council may designate only one community development corporation 367 |
---|
| 462 | + | for each municipality. 368 |
---|
| 463 | + | (f) The Secretary of the Office of Policy and Management shall select 369 |
---|
| 464 | + | eligible census tracts and the council shall designate community 370 |
---|
| 465 | + | impact zones in accordance with the provisions of this subsection. 371 |
---|
| 466 | + | (1) The secretary shall select census tracts within distressed 372 |
---|
| 467 | + | municipalities that are eligible to have a community impact zone or 373 |
---|
| 468 | + | zones designated within such tract. The secretary shall consider, but 374 |
---|
| 469 | + | need not be limited to, the following metrics for each census tract: (A) 375 |
---|
| 470 | + | The educational level attained by the population, specifically the 376 |
---|
| 471 | + | Raised Bill No. 1138 |
---|
486 | | - | percentage of the population below the federal poverty level; (H) the 391 |
---|
487 | | - | rate of home ownership; (I) the percentage of vacant housing; and (J) 392 |
---|
488 | | - | crime rates. 393 |
---|
489 | | - | (2) Not later than August 1, 2019, the secretary shall release the 394 |
---|
490 | | - | census tracts that are eligible for consideration, based on a 395 |
---|
491 | | - | demonstration of the greatest socio-economic need as indicated by 396 |
---|
492 | | - | subparagraphs (A) to (J), inclusive, of subdivision (1) of this 397 |
---|
493 | | - | subsection. The secretary shall also release the criteria for determining 398 |
---|
494 | | - | an area within such tract to be designated as a community impact 399 |
---|
495 | | - | zone. Such criteria shall take into consideration the goals, purposes 400 |
---|
496 | | - | and requirements set forth in section 1 of this act and may give weight 401 |
---|
497 | | - | to one or more of the following: (A) The existence of a public 402 |
---|
498 | | - | elementary school within the area; (B) the existence of an early 403 |
---|
499 | | - | childhood center within the area; (C) the existence of a community 404 |
---|
500 | | - | center serving children or seniors, or both, within the area; (D) the 405 |
---|
501 | | - | existence of a local community organization comprised of residents 406 |
---|
502 | | - | and leaders within the area, which organization's role is 407 |
---|
503 | | - | complementary to the goals, purposes and requirements set forth in 408 |
---|
504 | | - | section 1 of this act; (E) the proximity of the area to existing or planned 409 |
---|
505 | | - | public transportation; and (F) existing access to an asset-based housing 410 |
---|
506 | | - | organization that focuses on home ownership and financial literacy. 411 |
---|
507 | | - | (3) Not later than June 1, 2020, each community development 412 |
---|
508 | | - | corporation shall submit a proposal to the council for not more than 413 |
---|
509 | | - | two geographically distinct areas within an eligible census tract in 414 |
---|
510 | | - | which the corporation is located to be designated as a community 415 |
---|
511 | | - | impact zone. 416 |
---|
512 | | - | (4) Not later than August 1, 2020, the council shall announce its 417 |
---|
513 | | - | selections for designated community impact zones. The council may 418 |
---|
514 | | - | designate one community impact zone for a municipality with a 419 |
---|
515 | | - | population of one hundred thousand or less and two community 420 |
---|
516 | | - | impact zones for a municipality with a population of greater than one 421 |
---|
517 | | - | hundred thousand. If the council rejects a proposal or does not 422 |
---|
518 | | - | designate an area that a community development corporation 423 Substitute Bill No. 1138 |
---|
| 475 | + | LCO No. 7328 14 of 39 |
---|
| 476 | + | |
---|
| 477 | + | percentage of the population attaining an associate degree or a 377 |
---|
| 478 | + | bachelor's degree; (B) the most recent third grade scores on the state-378 |
---|
| 479 | + | wide mastery examination under section 10-14n of the general statutes 379 |
---|
| 480 | + | for reading; (C) the most recent third grade scores on the state-wide 380 |
---|
| 481 | + | mastery examination under section 10-14n of the general statutes for 381 |
---|
| 482 | + | mathematics; (D) the unemployment rate; (E) the state of the local 382 |
---|
| 483 | + | economy, employment availability and access and diversity of jobs; (F) 383 |
---|
| 484 | + | the percentage of the population receiving public assistance; (G) the 384 |
---|
| 485 | + | percentage of the population below the federal poverty level; (H) the 385 |
---|
| 486 | + | rate of home ownership; (I) the percentage of vacant housing; and (J) 386 |
---|
| 487 | + | crime rates. 387 |
---|
| 488 | + | (2) Not later than August 1, 2019, the secretary shall release the 388 |
---|
| 489 | + | eligible census tracts based on those that demonstrate the greatest 389 |
---|
| 490 | + | socio-economic need as indicated by subparagraphs (A) to (J), 390 |
---|
| 491 | + | inclusive, of subdivision (1) of this subsection and the criteria for an 391 |
---|
| 492 | + | area within such tract to be designated as a community impact zone. 392 |
---|
| 493 | + | Such criteria shall take into consideration the goals, purposes and 393 |
---|
| 494 | + | requirements set forth in section 1 of this act and may give weight to 394 |
---|
| 495 | + | one or more of the following: (A) The existence of a public elementary 395 |
---|
| 496 | + | school within the area; (B) the existence of an early childhood center 396 |
---|
| 497 | + | within the area; (C) the existence of a community center serving 397 |
---|
| 498 | + | children or seniors, or both, within the area; (D) the existence of a local 398 |
---|
| 499 | + | community organization comprised of residents and leaders within the 399 |
---|
| 500 | + | area, which organization's role is complementary to the goals, 400 |
---|
| 501 | + | purposes and requirements set forth in section 1 of this act; (E) the 401 |
---|
| 502 | + | proximity of the area to existing or planned public transportation; and 402 |
---|
| 503 | + | (F) existing access to an asset-based housing organization that focuses 403 |
---|
| 504 | + | on home ownership and financial literacy. 404 |
---|
| 505 | + | (3) Not later than June 1, 2020, each community development 405 |
---|
| 506 | + | corporation shall submit a proposal to the council for not more than 406 |
---|
| 507 | + | two geographically distinct areas within an eligible census tract in 407 |
---|
| 508 | + | which the corporation is located to be designated as a community 408 |
---|
| 509 | + | impact zone. 409 |
---|
| 510 | + | Raised Bill No. 1138 |
---|
525 | | - | proposed, the council may allow such corporation to resubmit a 424 |
---|
526 | | - | proposal if a community impact zone has not been otherwise 425 |
---|
527 | | - | designated. 426 |
---|
528 | | - | (5) Not later than February 1, 2021, or as soon as practicable 427 |
---|
529 | | - | following the designations of community impact zones, each 428 |
---|
530 | | - | community development corporation shall establish an office or 429 |
---|
531 | | - | relocate its office within such zone. 430 |
---|
532 | | - | (g) The council shall establish an annual budget that sets forth the 431 |
---|
533 | | - | amounts in the Community Development Corporation Trust Fund to 432 |
---|
534 | | - | be invested, the amounts in the fund to be disbursed for programs, 433 |
---|
535 | | - | services, activities and expenses for the purposes of sections 1 and 2 of 434 |
---|
536 | | - | this act and the amount to be set aside for the purposes of subsections 435 |
---|
537 | | - | (h) and (i) of this section. The council, in consultation with the 436 |
---|
538 | | - | Treasurer and the chief executive officer of the Connecticut Green 437 |
---|
539 | | - | Bank established under section 16-245n of the general statutes, shall 438 |
---|
540 | | - | adopt an investment plan with the goals of yielding investment returns 439 |
---|
541 | | - | over the long-term to support the programs, services, activities and 440 |
---|
542 | | - | efforts for the purposes of sections 1 and 2 of this act and supporting a 441 |
---|
543 | | - | substantial portion of the fund's annual expenditures from the 442 |
---|
544 | | - | investment returns. The initial investment plan shall set forth an 443 |
---|
545 | | - | investment strategy for not less than twenty years and the council may 444 |
---|
546 | | - | revise such plan from time to time by affirmative vote. The council 445 |
---|
547 | | - | shall annually review such plan and the investment returns generated 446 |
---|
548 | | - | and shall adjust the amount of moneys to be invested and disbursed 447 |
---|
549 | | - | each year accordingly. 448 |
---|
550 | | - | (h) (1) The council shall set aside an amount in its annual budget 449 |
---|
551 | | - | equal to the amount appropriated in the state budget act for the 450 |
---|
552 | | - | intensive reading instruction program established under section 10-451 |
---|
553 | | - | 14u of the general statutes, provided such amount set aside shall not 452 |
---|
554 | | - | exceed three million dollars each year. The amount to be set aside 453 |
---|
555 | | - | under this subsection may be reduced if there are insufficient moneys 454 |
---|
556 | | - | in the fund to provide for the purposes set forth in sections 1 and 2 of 455 |
---|
557 | | - | this act and for the entire amount of the set-aside specified under this 456 Substitute Bill No. 1138 |
---|
| 514 | + | LCO No. 7328 15 of 39 |
---|
| 515 | + | |
---|
| 516 | + | (4) Not later than August 1, 2020, the council shall announce its 410 |
---|
| 517 | + | selections for designated community impact zones. The council may 411 |
---|
| 518 | + | designate one community impact zone for a municipality with a 412 |
---|
| 519 | + | population of one hundred thousand or less and two community 413 |
---|
| 520 | + | impact zones for a municipality with a population of greater than one 414 |
---|
| 521 | + | hundred thousand. If the council rejects a proposal or does not 415 |
---|
| 522 | + | designate an area that a community development corporation 416 |
---|
| 523 | + | proposed, the council may allow such corporation to resubmit a 417 |
---|
| 524 | + | proposal if a community impact zone has not been designated as set 418 |
---|
| 525 | + | forth in this subdivision. 419 |
---|
| 526 | + | (5) Not later than February 1, 2021, or as soon as practicable 420 |
---|
| 527 | + | following the designations of community impact zones, each 421 |
---|
| 528 | + | community development corporation shall establish an office or 422 |
---|
| 529 | + | relocate its office within such zone. 423 |
---|
| 530 | + | (g) The council shall establish an annual budget that sets forth the 424 |
---|
| 531 | + | amounts in the Community Development Corporation Trust Fund to 425 |
---|
| 532 | + | be invested, the amounts in the fund to be disbursed for programs, 426 |
---|
| 533 | + | services, activities and expenses for the purposes of sections 1 and 2 of 427 |
---|
| 534 | + | this act and the amount to be set aside for the purposes of subsection 428 |
---|
| 535 | + | (j) of this section. The council, in consultation with the Treasurer and 429 |
---|
| 536 | + | the chief executive officer of the Connecticut Green Bank established 430 |
---|
| 537 | + | under section 16-245n of the general statutes, shall adopt an 431 |
---|
| 538 | + | investment plan with the goals of yielding investment returns over the 432 |
---|
| 539 | + | long-term to support the programs, services, activities and efforts for 433 |
---|
| 540 | + | the purposes of sections 1 and 2 of this act and supporting a 434 |
---|
| 541 | + | substantial portion of the fund's annual expenditures from the 435 |
---|
| 542 | + | investment returns. The initial investment plan shall set forth an 436 |
---|
| 543 | + | investment strategy for not less than twenty years and the council may 437 |
---|
| 544 | + | revise such plan from time to time by affirmative vote. The council 438 |
---|
| 545 | + | shall annually review such plan and the investment returns generated 439 |
---|
| 546 | + | and shall adjust the amount of moneys to be invested and disbursed 440 |
---|
| 547 | + | each year accordingly. 441 |
---|
| 548 | + | Raised Bill No. 1138 |
---|
564 | | - | subdivision. 457 |
---|
565 | | - | (2) The council shall make such moneys available for the 458 |
---|
566 | | - | implementation or support of said reading instruction program or any 459 |
---|
567 | | - | state-wide early literacy initiative developed and implemented by the 460 |
---|
568 | | - | Department of Education, regardless of whether such program or 461 |
---|
569 | | - | initiative is related to a community impact zone or is eligible for other 462 |
---|
570 | | - | community development corporation or community development 463 |
---|
571 | | - | credit union programs or other grants or funding. The moneys made 464 |
---|
572 | | - | available pursuant to this subdivision shall supplement existing or 465 |
---|
573 | | - | other available grants or funding. The council shall establish forms and 466 |
---|
574 | | - | criteria to apply for such moneys and shall give primary priority to 467 |
---|
575 | | - | applications from schools located in a community impact zone, 468 |
---|
576 | | - | provided all such schools submit an application. Any moneys awarded 469 |
---|
577 | | - | to such schools shall be distributed on a zone-wide basis to be used 470 |
---|
578 | | - | solely for the purpose of making said reading instruction program 471 |
---|
579 | | - | available to all students reading below proficiency level who reside or 472 |
---|
580 | | - | attend school within the community impact zone. The council shall 473 |
---|
581 | | - | give secondary priority to applications from schools located in a 474 |
---|
582 | | - | distressed municipality on the basis of the level of student reading 475 |
---|
583 | | - | achievement, as determined by the Commissioner of Education. 476 |
---|
584 | | - | (i) The council shall set aside an amount in its annual budget, to be 477 |
---|
585 | | - | determined by the council, to provide financial assistance to health 478 |
---|
586 | | - | care providers and facilities that provide mental health or substance 479 |
---|
587 | | - | use disorder treatment services in any municipality. The council shall 480 |
---|
588 | | - | establish eligibility requirements for such financial assistance and 481 |
---|
589 | | - | publicize the availability of such financial assistance to the relevant 482 |
---|
590 | | - | community. 483 |
---|
591 | | - | (j) The council shall develop a proposal to allow social impact bonds 484 |
---|
592 | | - | to be issued by the state to support public schools located in 485 |
---|
593 | | - | community impact zones. Not later than February 1, 2020, the 486 |
---|
594 | | - | Secretary of the Office of Policy and Management shall submit a 487 |
---|
595 | | - | report, in accordance with the provisions of section 11-4a of the general 488 |
---|
596 | | - | statutes, to the General Assembly, setting forth the proposal and 489 Substitute Bill No. 1138 |
---|
| 552 | + | LCO No. 7328 16 of 39 |
---|
| 553 | + | |
---|
| 554 | + | (h) (1) The council shall set aside an amount in its annual budget 442 |
---|
| 555 | + | equal to the amount appropriated in the state budget act for the 443 |
---|
| 556 | + | intensive reading instruction program established under section 10-444 |
---|
| 557 | + | 14u of the general statutes, provided such amount set aside shall not 445 |
---|
| 558 | + | exceed three million dollars each year. The amount to be set aside 446 |
---|
| 559 | + | under this subsection may be reduced if there are insufficient moneys 447 |
---|
| 560 | + | in the fund to provide for the purposes set forth in sections 1 and 2 of 448 |
---|
| 561 | + | this act and for the entire amount of the set-aside specified under this 449 |
---|
| 562 | + | subdivision. 450 |
---|
| 563 | + | (2) The council shall make such moneys available for the 451 |
---|
| 564 | + | implementation or support of said reading instruction program or any 452 |
---|
| 565 | + | state-wide early literacy initiative developed and implemented by the 453 |
---|
| 566 | + | Department of Education, regardless of whether such program or 454 |
---|
| 567 | + | initiative is related to a community impact zone or is eligible for other 455 |
---|
| 568 | + | community development corporation or community development 456 |
---|
| 569 | + | credit union programs or other grants or funding. The moneys made 457 |
---|
| 570 | + | available pursuant to this subdivision shall supplement existing or 458 |
---|
| 571 | + | other available grants or funding. The council shall establish forms and 459 |
---|
| 572 | + | criteria to apply for such moneys and shall give primary priority to 460 |
---|
| 573 | + | applications from schools located in a community impact zone, 461 |
---|
| 574 | + | provided all such schools submit an application. Any moneys awarded 462 |
---|
| 575 | + | to such schools shall be distributed on a zone-wide basis to be used 463 |
---|
| 576 | + | solely for the purpose of making said reading instruction program 464 |
---|
| 577 | + | available to all students reading below proficiency level who reside or 465 |
---|
| 578 | + | attend school within the community impact zone. The council shall 466 |
---|
| 579 | + | give secondary priority to applications from schools located in a 467 |
---|
| 580 | + | distressed municipality on the basis of the level of student reading 468 |
---|
| 581 | + | achievement, as determined by the Commissioner of Education. 469 |
---|
| 582 | + | (i) The council shall develop a proposal to allow social impact bonds 470 |
---|
| 583 | + | to be issued by the state to support public schools located in 471 |
---|
| 584 | + | community impact zones. Not later than February 1, 2020, the 472 |
---|
| 585 | + | Secretary of the Office of Policy and Management shall submit a 473 |
---|
| 586 | + | report, in accordance with the provisions of section 11-4a of the general 474 |
---|
| 587 | + | Raised Bill No. 1138 |
---|
603 | | - | including recommendations on ways to leverage the federal qualified 490 |
---|
604 | | - | opportunity zones program to support such public schools. 491 |
---|
605 | | - | (k) (1) The council may cause to have conducted an external, 492 |
---|
606 | | - | independent audit of any community development corporation or 493 |
---|
607 | | - | community development credit union. 494 |
---|
608 | | - | (2) The council may request the Auditors of Public Accounts to 495 |
---|
609 | | - | perform, and said auditors shall perform, audits and other related 496 |
---|
610 | | - | evaluations to facilitate the council's responsibilities established under 497 |
---|
611 | | - | sections 1 to 4, inclusive, of this act. 498 |
---|
612 | | - | (l) Not later than February 1, 2022, and annually thereafter, the 499 |
---|
613 | | - | council shall submit a report to the Governor and to the General 500 |
---|
614 | | - | Assembly, in accordance with the provisions of section 11-4a of the 501 |
---|
615 | | - | general statutes. Such report shall include, but not be limited to, a list 502 |
---|
616 | | - | of the community development corporations, community 503 |
---|
617 | | - | development credit unions and community impact zones designated 504 |
---|
618 | | - | to date, a summary of the programs, services, activities and efforts 505 |
---|
619 | | - | undertaken by such corporations and credit unions pursuant to 506 |
---|
620 | | - | sections 1 and 2 of this act and the disbursements made from the 507 |
---|
621 | | - | Community Development Corporation Trust Fund to support such 508 |
---|
622 | | - | programs, services, activities and efforts. 509 |
---|
623 | | - | Sec. 4. (NEW) (Effective from passage) (a) There is established a fund 510 |
---|
624 | | - | to be known as the "Community Development Corporation Trust 511 |
---|
625 | | - | Fund". The fund shall contain any moneys required by law to be 512 |
---|
626 | | - | deposited in the fund and shall be held in trust separate and apart 513 |
---|
627 | | - | from all other moneys, funds and accounts. Investment earnings 514 |
---|
628 | | - | credited to the assets of the fund shall become part of the assets of said 515 |
---|
629 | | - | fund. Any balance remaining in the fund at the end of any fiscal year 516 |
---|
630 | | - | shall be carried forward in the fund for the fiscal year next succeeding. 517 |
---|
631 | | - | Moneys in the fund shall be expended by the community development 518 |
---|
632 | | - | corporation oversight council established pursuant to section 3 of this 519 |
---|
633 | | - | act to be used for the purposes set forth in sections 1 and 2 of this act. 520 Substitute Bill No. 1138 |
---|
| 591 | + | LCO No. 7328 17 of 39 |
---|
| 592 | + | |
---|
| 593 | + | statutes, to the General Assembly, setting forth the proposal and 475 |
---|
| 594 | + | including recommendations on ways to leverage the federal qualified 476 |
---|
| 595 | + | opportunity zones program to support such public schools. 477 |
---|
| 596 | + | (j) (1) The council may cause to have conducted an external, 478 |
---|
| 597 | + | independent audit of any community development corporation or 479 |
---|
| 598 | + | community development credit union. 480 |
---|
| 599 | + | (2) The council may request the Auditors of Public Accounts to 481 |
---|
| 600 | + | perform, and said auditors shall perform, audits and other related 482 |
---|
| 601 | + | evaluations to facilitate the council's responsibilities established under 483 |
---|
| 602 | + | sections 1 to 4, inclusive, of this act. 484 |
---|
| 603 | + | (k) Not later than February 1, 2022, and annually thereafter, the 485 |
---|
| 604 | + | council shall submit a report to the Governor and to the General 486 |
---|
| 605 | + | Assembly, in accordance with the provisions of section 11-4a of the 487 |
---|
| 606 | + | general statutes. Such report shall include, but not be limited to, a list 488 |
---|
| 607 | + | of the community development corporations, community 489 |
---|
| 608 | + | development credit unions and community impact zones designated 490 |
---|
| 609 | + | to date, a summary of the programs, services, activities and efforts 491 |
---|
| 610 | + | undertaken by such corporations and credit unions pursuant to 492 |
---|
| 611 | + | sections 1 and 2 of this act and the disbursements made from the 493 |
---|
| 612 | + | Community Development Corporation Trust Fund to support such 494 |
---|
| 613 | + | programs, services, activities and efforts. 495 |
---|
| 614 | + | Sec. 4. (NEW) (Effective from passage) (a) There is established a fund 496 |
---|
| 615 | + | to be known as the "Community Development Corporation Trust 497 |
---|
| 616 | + | Fund". The fund shall contain any moneys required by law to be 498 |
---|
| 617 | + | deposited in the fund and shall be held in trust separate and apart 499 |
---|
| 618 | + | from all other moneys, funds and accounts. Investment earnings 500 |
---|
| 619 | + | credited to the assets of the fund shall become part of the assets of said 501 |
---|
| 620 | + | fund. Any balance remaining in the fund at the end of any fiscal year 502 |
---|
| 621 | + | shall be carried forward in the fund for the fiscal year next succeeding. 503 |
---|
| 622 | + | Moneys in the fund shall be expended by the community development 504 |
---|
| 623 | + | corporation oversight council established pursuant to section 3 of this 505 |
---|
| 624 | + | Raised Bill No. 1138 |
---|
640 | | - | (b) The Treasurer shall invest the amounts on deposit in the fund in 521 |
---|
641 | | - | a manner reasonable and appropriate to achieve the objectives of the 522 |
---|
642 | | - | fund, exercising the discretion and care of a prudent person in similar 523 |
---|
643 | | - | circumstances with similar objectives. The Treasurer shall give due 524 |
---|
644 | | - | consideration to rate of return, risk, term or maturity, diversification of 525 |
---|
645 | | - | the total portfolio within the fund, liquidity, the projected 526 |
---|
646 | | - | disbursements and expenditures, and the expected payments, 527 |
---|
647 | | - | deposits, contributions and gifts to be received. The Treasurer shall not 528 |
---|
648 | | - | require the fund to invest directly in obligations of the state or any 529 |
---|
649 | | - | political subdivision of the state or in any investment or other fund 530 |
---|
650 | | - | administered by the Treasurer. The assets of the fund shall be 531 |
---|
651 | | - | continuously invested and reinvested in a manner consistent with the 532 |
---|
652 | | - | objectives of the fund until disbursed for the purposes set forth in 533 |
---|
653 | | - | sections 1 and 2 of this act. 534 |
---|
654 | | - | (c) On or before December thirty-first, annually, the Treasurer shall 535 |
---|
655 | | - | submit a financial report, in accordance with the provisions of section 536 |
---|
656 | | - | 11-4a of the general statutes, to the community development 537 |
---|
657 | | - | corporation oversight council and the joint standing committee of the 538 |
---|
658 | | - | General Assembly having cognizance of matters relating to finance, 539 |
---|
659 | | - | revenue and bonding, setting forth the receipts, disbursements, assets, 540 |
---|
660 | | - | investments, liabilities and administrative costs of the fund for the 541 |
---|
661 | | - | prior fiscal year. 542 |
---|
662 | | - | Sec. 5. (NEW) (Effective from passage) Any entity that is exempt from 543 |
---|
663 | | - | paying property tax pursuant to Section 501(c) of the Internal Revenue 544 |
---|
664 | | - | Code of 1986, or any subsequent corresponding internal revenue code 545 |
---|
665 | | - | of the United States, as amended from time to time, any municipality 546 |
---|
666 | | - | and the state may make a deposit with a community development 547 |
---|
667 | | - | credit union, to be invested by such credit union to further the 548 |
---|
668 | | - | community restoration and revitalization purposes set forth in sections 549 |
---|
669 | | - | 1 to 4, inclusive, of this act. Each community development credit union 550 |
---|
670 | | - | that receives a deposit pursuant to this section shall provide a rate of 551 |
---|
671 | | - | return on such deposit that is, at a minimum, not less than the London 552 |
---|
672 | | - | Interbank Offered Rate. 553 Substitute Bill No. 1138 |
---|
| 628 | + | LCO No. 7328 18 of 39 |
---|
| 629 | + | |
---|
| 630 | + | act to be used for the purposes set forth in sections 1 and 2 of this act. 506 |
---|
| 631 | + | (b) The Treasurer shall invest the amounts on deposit in the fund in 507 |
---|
| 632 | + | a manner reasonable and appropriate to achieve the objectives of the 508 |
---|
| 633 | + | fund, exercising the discretion and care of a prudent person in similar 509 |
---|
| 634 | + | circumstances with similar objectives. The Treasurer shall give due 510 |
---|
| 635 | + | consideration to rate of return, risk, term or maturity, diversification of 511 |
---|
| 636 | + | the total portfolio within the fund, liquidity, the projected 512 |
---|
| 637 | + | disbursements and expenditures, and the expected payments, 513 |
---|
| 638 | + | deposits, contributions and gifts to be received. The Treasurer shall not 514 |
---|
| 639 | + | require the fund to invest directly in obligations of the state or any 515 |
---|
| 640 | + | political subdivision of the state or in any investment or other fund 516 |
---|
| 641 | + | administered by the Treasurer. The assets of the fund shall be 517 |
---|
| 642 | + | continuously invested and reinvested in a manner consistent with the 518 |
---|
| 643 | + | objectives of the fund until disbursed for the purposes set forth in 519 |
---|
| 644 | + | sections 1 and 2 of this act. 520 |
---|
| 645 | + | (c) On or before December thirty-first, annually, the Treasurer shall 521 |
---|
| 646 | + | submit a financial report, in accordance with the provisions of section 522 |
---|
| 647 | + | 11-4a of the general statutes, to the community development 523 |
---|
| 648 | + | corporation oversight council and the joint standing committee of the 524 |
---|
| 649 | + | General Assembly having cognizance of matters relating to finance, 525 |
---|
| 650 | + | revenue and bonding, setting forth the receipts, disbursements, assets, 526 |
---|
| 651 | + | investments, liabilities and administrative costs of the fund for the 527 |
---|
| 652 | + | prior fiscal year. 528 |
---|
| 653 | + | Sec. 5. (NEW) (Effective from passage) (a) (1) Each entity that (A) is 529 |
---|
| 654 | + | exempt from paying property tax pursuant to Section 501(c) of the 530 |
---|
| 655 | + | Internal Revenue Code of 1986, or any subsequent corresponding 531 |
---|
| 656 | + | internal revenue code of the United States, as amended from time to 532 |
---|
| 657 | + | time, including a community development corporation described in 533 |
---|
| 658 | + | section 1 of this act, and (B) (i) owns college or hospital property, as 534 |
---|
| 659 | + | described in subsection (a) of section 12-20a of the general statutes, that 535 |
---|
| 660 | + | is subject to the grants in lieu of taxes program under section 12-18b of 536 |
---|
| 661 | + | the general statutes, or (ii) maintains a pension fund, endowment fund 537 |
---|
| 662 | + | Raised Bill No. 1138 |
---|
679 | | - | Sec. 6. (NEW) (Effective from passage) (a) As used in this section: 554 |
---|
680 | | - | (1) (A) "Cannabis" means (i) all parts of any plant or species of the 555 |
---|
681 | | - | genus cannabis or any infra specific taxon thereof, whether growing or 556 |
---|
682 | | - | not, (ii) the seeds thereof, (iii) the resin extracted from any part of the 557 |
---|
683 | | - | plant, and (iv) every compound, manufacture, salt, derivative, mixture 558 |
---|
684 | | - | or preparation of such plant, its seeds or resin. "Cannabis" includes 559 |
---|
685 | | - | cannabinon, cannabinol and cannabidiol. 560 |
---|
686 | | - | (B) "Cannabis" does not include (i) the mature stalks of such plant, 561 |
---|
687 | | - | (ii) fiber produced from such stalks, (iii) oil or cake made from the 562 |
---|
688 | | - | seeds of such plant, (iv) any other compound, manufacture, salt, 563 |
---|
689 | | - | derivative, mixture or preparation of such mature stalks except the 564 |
---|
690 | | - | resin extracted therefrom, (v) fiber, oil or cake, (vi) the sterilized seed 565 |
---|
691 | | - | of such plant, which is incapable of germination, (vii) industrial hemp, 566 |
---|
692 | | - | as defined in 7 USC 5940, as amended from time to time, or (viii) 567 |
---|
693 | | - | marijuana cultivated or sold for palliative use pursuant to chapter 420f 568 |
---|
694 | | - | of the general statutes; 569 |
---|
695 | | - | (2) "Cannabis product" means a cannabis concentrate or a product 570 |
---|
696 | | - | that contains cannabis, which may be combined with other 571 |
---|
697 | | - | ingredients, and is intended for use or consumption. Cannabis 572 |
---|
698 | | - | concentrate includes tinctures and extracts; 573 |
---|
699 | | - | (3) "Cannabis cultivation facility" means a facility licensed by the 574 |
---|
700 | | - | Cannabis Commission to cultivate, prepare and package cannabis and 575 |
---|
701 | | - | sell cannabis to cannabis product manufacturing facilities, cannabis 576 |
---|
702 | | - | retailers and other cannabis cultivation facilities; 577 |
---|
703 | | - | (4) "Cannabis product manufacturing facility" means a facility 578 |
---|
704 | | - | licensed by the Cannabis Commission to purchase cannabis from 579 |
---|
705 | | - | cannabis cultivation facilities, manufacture, prepare and package 580 |
---|
706 | | - | cannabis products and sell cannabis and cannabis products to cannabis 581 |
---|
707 | | - | retailers and other cannabis product manufacturing facilities; 582 |
---|
708 | | - | (5) "Cannabis retailer" means a person licensed by the Cannabis 583 |
---|
709 | | - | Commission to purchase cannabis from cannabis cultivation facilities 584 Substitute Bill No. 1138 |
---|
| 666 | + | LCO No. 7328 19 of 39 |
---|
| 667 | + | |
---|
| 668 | + | or other significant savings fund or account, shall pay a fee annually to 538 |
---|
| 669 | + | the Treasurer for deposit in the community development account 539 |
---|
| 670 | + | established under subsection (d) of this section. 540 |
---|
| 671 | + | (2) Such fee shall be equal to twenty-five per cent of the amount of 541 |
---|
| 672 | + | the property tax, calculated annually, that the entity would have paid 542 |
---|
| 673 | + | on such real property at the mill rate applicable for each assessment 543 |
---|
| 674 | + | year. Such payment shall be accompanied by a form, prescribed by the 544 |
---|
| 675 | + | Treasurer, that includes the name and address of the entity, the 545 |
---|
| 676 | + | calculated amount, the amount of the payment and any other 546 |
---|
| 677 | + | information the Treasurer requires for the purpose of this subsection. 547 |
---|
| 678 | + | (3) On and after the date the community development corporation 548 |
---|
| 679 | + | oversight council, established under section 3 of this act, designates 549 |
---|
| 680 | + | community impact zones in accordance with the provisions of said 550 |
---|
| 681 | + | section, any entity paying the fee pursuant to this subsection may 551 |
---|
| 682 | + | specify to the Treasurer the community impact zone within the 552 |
---|
| 683 | + | municipality in which the real property is located to which such fee 553 |
---|
| 684 | + | payment shall be directed. 554 |
---|
| 685 | + | (b) In addition to the entities specified under subsection (a) of this 555 |
---|
| 686 | + | section, each municipality and the state shall pay the fee calculated 556 |
---|
| 687 | + | pursuant to subdivision (2) of subsection (a) of this section, except that 557 |
---|
| 688 | + | the state shall calculate its fee payment based on the average mill rate 558 |
---|
| 689 | + | of all municipalities in the state. 559 |
---|
| 690 | + | (c) Except as specified under subdivision (3) of subsection (a) of this 560 |
---|
| 691 | + | section and subdivision (3) of this subsection, the Treasurer shall 561 |
---|
| 692 | + | annually disburse each fee payment to the community development 562 |
---|
| 693 | + | credit union designated pursuant to section 2 of this act that is located 563 |
---|
| 694 | + | in the distressed municipality, as defined in section 32-9p of the 564 |
---|
| 695 | + | general statutes, within which the real property described under 565 |
---|
| 696 | + | subdivision (1) of subsection (a) of this section is located. 566 |
---|
| 697 | + | (1) If no such credit union has been designated yet for such 567 |
---|
| 698 | + | municipality, the fee under subsection (a) of this section shall not be 568 |
---|
| 699 | + | Raised Bill No. 1138 |
---|
716 | | - | as well as to purchase cannabis and cannabis products from cannabis 585 |
---|
717 | | - | product manufacturing facilities and to sell cannabis and cannabis 586 |
---|
718 | | - | products to consumers; 587 |
---|
719 | | - | (6) "Consumer" means an individual who is twenty-one years of age 588 |
---|
720 | | - | or older; and 589 |
---|
721 | | - | (7) "Cannabis Commission" means the commission established 590 |
---|
722 | | - | under section 2 of house bill 7371 of the current session. 591 |
---|
723 | | - | (b) (1) On and after the date the Cannabis Commission first issues a 592 |
---|
724 | | - | license to a cannabis cultivation facility, there is imposed a tax on each 593 |
---|
725 | | - | such facility on the first sale of cannabis within the state at the rate of 594 |
---|
726 | | - | thirty-five dollars per ounce of cannabis flowers and thirteen dollars 595 |
---|
727 | | - | and fifty cents per ounce of cannabis trim. 596 |
---|
728 | | - | (2) Each cannabis cultivation facility making such sales shall file 597 |
---|
729 | | - | with the Commissioner of Revenue Services, on or before the last day 598 |
---|
730 | | - | of each calendar quarter, a return for the calendar quarter immediately 599 |
---|
731 | | - | preceding. Such returns shall be in such form and contain such 600 |
---|
732 | | - | information as the commissioner prescribes, and shall be accompanied 601 |
---|
733 | | - | by a payment of the amount of the tax shown to be due thereon. 602 |
---|
734 | | - | (3) The commissioner shall deposit the amounts received by the 603 |
---|
735 | | - | state from the tax imposed under subdivision (1) of this subsection into 604 |
---|
736 | | - | the Community Development Corporation Trust Fund established 605 |
---|
737 | | - | under section 4 of this act. 606 |
---|
738 | | - | (c) If any person fails to pay the amount of tax reported due on its 607 |
---|
739 | | - | report within the time specified under this section, there shall be 608 |
---|
740 | | - | imposed a penalty equal to ten per cent of such amount due and 609 |
---|
741 | | - | unpaid, or fifty dollars, whichever is greater. Such amount shall bear 610 |
---|
742 | | - | interest at the rate of one per cent per month or fraction thereof, from 611 |
---|
743 | | - | the due date of such tax until the date of payment. Subject to the 612 |
---|
744 | | - | provisions of section 12-3a of the general statutes, the commissioner 613 |
---|
745 | | - | may waive all or part of the penalties provided under this section 614 |
---|
746 | | - | when it is proven to the commissioner's satisfaction that the failure to 615 Substitute Bill No. 1138 |
---|
| 703 | + | LCO No. 7328 20 of 39 |
---|
| 704 | + | |
---|
| 705 | + | required to be paid by the entity or municipality. 569 |
---|
| 706 | + | (2) If (A) a designated community development credit union elects 570 |
---|
| 707 | + | to be removed from or is removed from such designation and no 571 |
---|
| 708 | + | replacement has been designated, or (B) such real property is not 572 |
---|
| 709 | + | located within a distressed municipality, the Treasurer, in consultation 573 |
---|
| 710 | + | with the community development corporation oversight council, may 574 |
---|
| 711 | + | (i) disburse fees paid by the entity whose real property is located 575 |
---|
| 712 | + | within such municipality to all community development credit unions 576 |
---|
| 713 | + | located in community impact zones within another municipality, or (ii) 577 |
---|
| 714 | + | transfer such fees to an evergreen account within the Community 578 |
---|
| 715 | + | Development Corporation Trust Fund established under section 4 of 579 |
---|
| 716 | + | this act. 580 |
---|
| 717 | + | (3) The Treasurer shall disburse annually each fee payment (A) 581 |
---|
| 718 | + | made by a municipality to the community development credit union 582 |
---|
| 719 | + | located within such municipality, and (B) made by the state to all 583 |
---|
| 720 | + | community development credit unions in the state in equal amounts. 584 |
---|
| 721 | + | (d) Each community development credit union that receives fee 585 |
---|
| 722 | + | payments made pursuant to subsection (a) of this section shall 586 |
---|
| 723 | + | administer individual accounts for each entity making such payments 587 |
---|
| 724 | + | and shall invest such payments in a manner determined by such credit 588 |
---|
| 725 | + | union, provided any returns generated by investing such payments 589 |
---|
| 726 | + | shall be distributed annually as follows: (1) One-sixth shall be 590 |
---|
| 727 | + | deposited in an evergreen account within the Community 591 |
---|
| 728 | + | Development Corporation Trust Fund established under section 4 of 592 |
---|
| 729 | + | this act, to be continually reinvested; (2) one-third shall be returned to 593 |
---|
| 730 | + | the entity that remitted payments pursuant to subdivision (1) of 594 |
---|
| 731 | + | subsection (a) of this section, provided an entity may elect to reinvest 595 |
---|
| 732 | + | such return with such credit union; and (3) one-half shall be made 596 |
---|
| 733 | + | available for disbursements to community development corporations 597 |
---|
| 734 | + | and community development credit unions for eligible programs, 598 |
---|
| 735 | + | services, activities and efforts approved by the community 599 |
---|
| 736 | + | development corporation oversight council. 600 |
---|
| 737 | + | Raised Bill No. 1138 |
---|
753 | | - | pay any tax was due to reasonable cause and was not intentional or 616 |
---|
754 | | - | due to neglect. 617 |
---|
755 | | - | (d) Each person, other than a cannabis cultivation facility, who is 618 |
---|
756 | | - | required, on behalf of such facility, to collect, truthfully account for 619 |
---|
757 | | - | and pay over a tax imposed on such facility under this section and 620 |
---|
758 | | - | who wilfully fails to collect, truthfully account for and pay over such 621 |
---|
759 | | - | tax or who wilfully attempts in any manner to evade or defeat the tax 622 |
---|
760 | | - | or the payment thereof, shall, in addition to other penalties provided 623 |
---|
761 | | - | by law, be liable for a penalty equal to the total amount of the tax 624 |
---|
762 | | - | evaded, or not collected, or not accounted for and paid over, including 625 |
---|
763 | | - | any penalty or interest attributable to such wilful failure to collect or 626 |
---|
764 | | - | truthfully account for and pay over such tax or such wilful attempt to 627 |
---|
765 | | - | evade or defeat such tax, provided such penalty shall only be imposed 628 |
---|
766 | | - | against such person in the event that such tax, penalty or interest 629 |
---|
767 | | - | cannot otherwise be collected from such facility. The amount of such 630 |
---|
768 | | - | penalty with respect to which a person may be personally liable under 631 |
---|
769 | | - | this section shall be collected in accordance with the provisions of 632 |
---|
770 | | - | section 12-555a of the general statutes and any amount so collected 633 |
---|
771 | | - | shall be allowed as a credit against the amount of such tax, penalty or 634 |
---|
772 | | - | interest due and owing from the facility. The dissolution of the facility 635 |
---|
773 | | - | shall not discharge any person in relation to any personal liability 636 |
---|
774 | | - | under this section for wilful failure to collect or truthfully account for 637 |
---|
775 | | - | and pay over such tax or for a wilful attempt to evade or defeat such 638 |
---|
776 | | - | tax prior to dissolution, except as otherwise provided in this section. 639 |
---|
777 | | - | For purposes of this section, "person" includes any individual, 640 |
---|
778 | | - | corporation, limited liability company or partnership and any officer 641 |
---|
779 | | - | or employee of any corporation, including a dissolved corporation, 642 |
---|
780 | | - | and a member or employee of any partnership or limited liability 643 |
---|
781 | | - | company who, as such officer, employee or member, is under a duty to 644 |
---|
782 | | - | file a tax return under this section on behalf of a cannabis cultivation 645 |
---|
783 | | - | facility or to collect or truthfully account for and pay over a tax 646 |
---|
784 | | - | imposed under this section on behalf of such facility. 647 |
---|
785 | | - | (e) No tax credit or credits shall be allowable against the tax 648 Substitute Bill No. 1138 |
---|
| 741 | + | LCO No. 7328 21 of 39 |
---|
| 742 | + | |
---|
| 743 | + | (e) There is established an account to be known as the "community 601 |
---|
| 744 | + | development account" which shall be a separate, nonlapsing account 602 |
---|
| 745 | + | within the General Fund. The account shall contain any moneys 603 |
---|
| 746 | + | required by law to be deposited in the account. Moneys in the account 604 |
---|
| 747 | + | shall be expended by Treasurer, in consultation with the community 605 |
---|
| 748 | + | development corporation oversight council established under section 3 606 |
---|
| 749 | + | of this act, in accordance with the provisions of this section. 607 |
---|
| 750 | + | Sec. 6. (NEW) (Effective from passage) (a) As used in this section: 608 |
---|
| 751 | + | (1) (A) "Cannabis" means (i) all parts of any plant or species of the 609 |
---|
| 752 | + | genus cannabis or any infra specific taxon thereof, whether growing or 610 |
---|
| 753 | + | not, (ii) the seeds thereof, (iii) the resin extracted from any part of the 611 |
---|
| 754 | + | plant, and (iv) every compound, manufacture, salt, derivative, mixture 612 |
---|
| 755 | + | or preparation of such plant, its seeds or resin. "Cannabis" includes 613 |
---|
| 756 | + | cannabinon, cannabinol and cannabidiol. 614 |
---|
| 757 | + | (B) "Cannabis" does not include (i) the mature stalks of such plant, 615 |
---|
| 758 | + | (ii) fiber produced from such stalks, (iii) oil or cake made from the 616 |
---|
| 759 | + | seeds of such plant, (iv) any other compound, manufacture, salt, 617 |
---|
| 760 | + | derivative, mixture or preparation of such mature stalks except the 618 |
---|
| 761 | + | resin extracted therefrom, (v) fiber, oil, or cake, (vi) the sterilized seed 619 |
---|
| 762 | + | of such plant, which is incapable of germination, (vii) industrial hemp, 620 |
---|
| 763 | + | as defined in 7 USC 5940, as amended from time to time, or (viii) 621 |
---|
| 764 | + | marijuana cultivated or sold for palliative use pursuant to chapter 420f 622 |
---|
| 765 | + | of the general statutes. 623 |
---|
| 766 | + | (2) "Cannabis product" means a cannabis concentrate or a product 624 |
---|
| 767 | + | that contains cannabis, which may be combined with other 625 |
---|
| 768 | + | ingredients, and is intended for use or consumption. Cannabis 626 |
---|
| 769 | + | concentrate includes tinctures and extracts; 627 |
---|
| 770 | + | (3) "Cannabis cultivation facility" means a facility licensed by the 628 |
---|
| 771 | + | Cannabis Commission to cultivate, prepare and package cannabis and 629 |
---|
| 772 | + | sell cannabis to cannabis product manufacturing facilities, cannabis 630 |
---|
| 773 | + | retailers and other cannabis cultivation facilities; 631 |
---|
| 774 | + | Raised Bill No. 1138 |
---|
792 | | - | imposed under this section. 649 |
---|
793 | | - | (f) The provisions of sections 12-551 to 12-554, inclusive, and section 650 |
---|
794 | | - | 12-555a of the general statutes shall apply to the provisions of this 651 |
---|
795 | | - | section in the same manner and with the same force and effect as if the 652 |
---|
796 | | - | language of said sections had been incorporated in full into this section 653 |
---|
797 | | - | and had expressly referred to the tax under this section, except to the 654 |
---|
798 | | - | extent that any provision is inconsistent with a provision in this 655 |
---|
799 | | - | section. 656 |
---|
800 | | - | (g) The commissioner may adopt regulations, in accordance with 657 |
---|
801 | | - | the provisions of chapter 54 of the general statutes, to implement the 658 |
---|
802 | | - | provisions of this section. 659 |
---|
803 | | - | (h) At the close of each fiscal year in which the tax imposed under 660 |
---|
804 | | - | the provisions of this section are received by the commissioner, the 661 |
---|
805 | | - | Comptroller is authorized to record as revenue for such fiscal year the 662 |
---|
806 | | - | amounts of such tax that are received by the commissioner not later 663 |
---|
807 | | - | than five business days from the last day of July immediately 664 |
---|
808 | | - | following the end of such fiscal year. 665 |
---|
809 | | - | Sec. 7. (NEW) (Effective from passage) (a) As used in this section, (1) 666 |
---|
810 | | - | "cannabis", "cannabis product", "cannabis retailer" and "Cannabis 667 |
---|
811 | | - | Commission" have the same meanings as provided in section 6 of this 668 |
---|
812 | | - | act, and (2) "municipality" means any town, city or borough, 669 |
---|
813 | | - | consolidated town and city or consolidated town and borough. 670 |
---|
814 | | - | (b) (1) On and after the date the Cannabis Commission first issues a 671 |
---|
815 | | - | license to a cannabis retailer, there is imposed a local sales tax at the 672 |
---|
816 | | - | rate of three per cent on the sale of all cannabis and cannabis products. 673 |
---|
817 | | - | Such tax shall be in addition to the tax applicable to such sales under 674 |
---|
818 | | - | section 12-408 of the general statutes, as amended by this act, and shall 675 |
---|
819 | | - | be administered in the same manner as the tax under said section. 676 |
---|
820 | | - | (2) Each cannabis retailer making such sales shall file with the 677 |
---|
821 | | - | commissioner, on or before the last day of each calendar quarter, a 678 |
---|
822 | | - | return for the calendar quarter immediately preceding. Such returns 679 Substitute Bill No. 1138 |
---|
| 778 | + | LCO No. 7328 22 of 39 |
---|
| 779 | + | |
---|
| 780 | + | (4) "Cannabis product manufacturing facility" means a facility 632 |
---|
| 781 | + | licensed by the Cannabis Commission to purchase cannabis from 633 |
---|
| 782 | + | cannabis cultivation facilities, manufacture, prepare and package 634 |
---|
| 783 | + | cannabis products and sell cannabis and cannabis products to cannabis 635 |
---|
| 784 | + | retailers and other cannabis product manufacturing facilities; 636 |
---|
| 785 | + | (5) "Cannabis retailer" means a person licensed by the Cannabis 637 |
---|
| 786 | + | Commission to purchase cannabis from cannabis cultivation facilities 638 |
---|
| 787 | + | as well as to purchase cannabis and cannabis products from cannabis 639 |
---|
| 788 | + | product manufacturing facilities and to sell cannabis and cannabis 640 |
---|
| 789 | + | products to consumers; 641 |
---|
| 790 | + | (6) "Consumer" means an individual who is twenty-one years of age 642 |
---|
| 791 | + | or older; and 643 |
---|
| 792 | + | (7) "Cannabis Commission" means the commission established 644 |
---|
| 793 | + | under section 2 of house bill 7371 of the current session. 645 |
---|
| 794 | + | (b) (1) On and after the date the Cannabis Commission first issues a 646 |
---|
| 795 | + | license to a cannabis cultivation facility, there is imposed a tax on such 647 |
---|
| 796 | + | facilities on the first sale of cannabis within the state at the rate of 648 |
---|
| 797 | + | thirty-five dollars per ounce of cannabis flowers and thirteen dollars 649 |
---|
| 798 | + | and fifty cents per ounce of cannabis trim. 650 |
---|
| 799 | + | (2) Each cannabis cultivation facility making such sales shall file 651 |
---|
| 800 | + | with the Commissioner of Revenue Services, on or before the last day 652 |
---|
| 801 | + | of each calendar quarter, a return for the calendar quarter immediately 653 |
---|
| 802 | + | preceding. Such returns shall be in such form and contain such 654 |
---|
| 803 | + | information as the commissioner prescribes, and shall be accompanied 655 |
---|
| 804 | + | by a payment of the amount of the tax shown to be due thereon. 656 |
---|
| 805 | + | (3) The commissioner shall deposit the amounts received by the 657 |
---|
| 806 | + | state from the tax imposed under subdivision (1) of this subsection into 658 |
---|
| 807 | + | the Community Development Corporation Trust Fund established 659 |
---|
| 808 | + | under section 4 of this act. 660 |
---|
| 809 | + | Raised Bill No. 1138 |
---|
829 | | - | shall be in such form and contain such information as the 680 |
---|
830 | | - | commissioner prescribes and shall indicate the municipality in which 681 |
---|
831 | | - | such sales occurred, and shall be accompanied by a payment of the 682 |
---|
832 | | - | total amount of tax shown to be due thereon. 683 |
---|
833 | | - | (c) The commissioner shall deposit any local sales tax collected 684 |
---|
834 | | - | pursuant to subsection (b) of this section into the municipal cannabis 685 |
---|
835 | | - | revenue account established under subsection (d) of this section. 686 |
---|
836 | | - | (d) There is established an account to be known as the "municipal 687 |
---|
837 | | - | cannabis revenue account" which shall be a separate account within 688 |
---|
838 | | - | the General Fund. The account shall contain any moneys required by 689 |
---|
839 | | - | law to be deposited in the account. Moneys in the account shall be 690 |
---|
840 | | - | expended by the Commissioner of Revenue Services for the purpose of 691 |
---|
841 | | - | providing moneys in accordance with this section to municipalities in 692 |
---|
842 | | - | which cannabis retailers are selling cannabis and cannabis products to 693 |
---|
843 | | - | consumers. 694 |
---|
844 | | - | (e) (1) The commissioner shall maintain (A) an accounting of all 695 |
---|
845 | | - | sums deposited in the account, aggregated by municipality, (B) a 696 |
---|
846 | | - | listing of sums remitted by each cannabis retailer, and (C) such other 697 |
---|
847 | | - | information as the commissioner deems necessary for the purposes of 698 |
---|
848 | | - | this section. 699 |
---|
849 | | - | (2) Commencing in the second calendar quarter following the initial 700 |
---|
850 | | - | deposit into the account, the commissioner shall distribute on a 701 |
---|
851 | | - | quarterly basis a sum, calculated on a point-of-sale basis, to each 702 |
---|
852 | | - | municipality in which a cannabis retailer is located and for which a 703 |
---|
853 | | - | point-of-sale can be determined. Any moneys remaining in the account 704 |
---|
854 | | - | at the close of the fiscal year for which no point-of-sale can be 705 |
---|
855 | | - | determined shall be transferred to the Community Development 706 |
---|
856 | | - | Corporation Trust Fund established under section 4 of this act. 707 |
---|
857 | | - | (3) The commissioner shall make available to each municipality in 708 |
---|
858 | | - | which a cannabis retailer is located any information concerning such 709 |
---|
859 | | - | municipality that is maintained under subdivision (1) of this 710 Substitute Bill No. 1138 |
---|
| 813 | + | LCO No. 7328 23 of 39 |
---|
| 814 | + | |
---|
| 815 | + | (c) If any person fails to pay the amount of tax reported due on its 661 |
---|
| 816 | + | report within the time specified under this section, there shall be 662 |
---|
| 817 | + | imposed a penalty equal to ten per cent of such amount due and 663 |
---|
| 818 | + | unpaid, or fifty dollars, whichever is greater. Such amount shall bear 664 |
---|
| 819 | + | interest at the rate of one per cent per month or fraction thereof, from 665 |
---|
| 820 | + | the due date of such tax until the date of payment. Subject to the 666 |
---|
| 821 | + | provisions of section 12-3a of the general statutes, the commissioner 667 |
---|
| 822 | + | may waive all or part of the penalties provided under this section 668 |
---|
| 823 | + | when it is proven to the commissioner's satisfaction that the failure to 669 |
---|
| 824 | + | pay any tax was due to reasonable cause and was not intentional or 670 |
---|
| 825 | + | due to neglect. 671 |
---|
| 826 | + | (d) Each person, other than a cannabis cultivation facility, who is 672 |
---|
| 827 | + | required, on behalf of such facility, to collect, truthfully account for 673 |
---|
| 828 | + | and pay over a tax imposed on such facility under this section and 674 |
---|
| 829 | + | who wilfully fails to collect, truthfully account for and pay over such 675 |
---|
| 830 | + | tax or who wilfully attempts in any manner to evade or defeat the tax 676 |
---|
| 831 | + | or the payment thereof, shall, in addition to other penalties provided 677 |
---|
| 832 | + | by law, be liable for a penalty equal to the total amount of the tax 678 |
---|
| 833 | + | evaded, or not collected, or not accounted for and paid over, including 679 |
---|
| 834 | + | any penalty or interest attributable to such wilful failure to collect or 680 |
---|
| 835 | + | truthfully account for and pay over such tax or such wilful attempt to 681 |
---|
| 836 | + | evade or defeat such tax, provided such penalty shall only be imposed 682 |
---|
| 837 | + | against such person in the event that such tax, penalty or interest 683 |
---|
| 838 | + | cannot otherwise be collected from such facility. The amount of such 684 |
---|
| 839 | + | penalty with respect to which a person may be personally liable under 685 |
---|
| 840 | + | this section shall be collected in accordance with the provisions of 686 |
---|
| 841 | + | section 12-555a of the general statutes and any amount so collected 687 |
---|
| 842 | + | shall be allowed as a credit against the amount of such tax, penalty or 688 |
---|
| 843 | + | interest due and owing from the facility. The dissolution of the facility 689 |
---|
| 844 | + | shall not discharge any person in relation to any personal liability 690 |
---|
| 845 | + | under this section for wilful failure to collect or truthfully account for 691 |
---|
| 846 | + | and pay over such tax or for a wilful attempt to evade or defeat such 692 |
---|
| 847 | + | tax prior to dissolution, except as otherwise provided in this section. 693 |
---|
| 848 | + | Raised Bill No. 1138 |
---|
866 | | - | subsection. 711 |
---|
867 | | - | (f) If any person fails to pay the amount of tax reported due on its 712 |
---|
868 | | - | report within the time specified under this section, there shall be 713 |
---|
869 | | - | imposed a penalty equal to ten per cent of such amount due and 714 |
---|
870 | | - | unpaid, or fifty dollars, whichever is greater. Such amount shall bear 715 |
---|
871 | | - | interest at the rate of one per cent per month or fraction thereof, from 716 |
---|
872 | | - | the due date of such tax until the date of payment. Subject to the 717 |
---|
873 | | - | provisions of section 12-3a of the general statutes, the commissioner 718 |
---|
874 | | - | may waive all or part of the penalties provided under this section 719 |
---|
875 | | - | when it is proven to the commissioner's satisfaction that the failure to 720 |
---|
876 | | - | pay any tax was due to reasonable cause and was not intentional or 721 |
---|
877 | | - | due to neglect. 722 |
---|
878 | | - | (g) Each person, other than a cannabis retailer, who is required, on 723 |
---|
879 | | - | behalf of such retailer, to collect, truthfully account for and pay over a 724 |
---|
880 | | - | tax imposed on such retailer under this section and who wilfully fails 725 |
---|
881 | | - | to collect, truthfully account for and pay over such tax or who wilfully 726 |
---|
882 | | - | attempts in any manner to evade or defeat the tax or the payment 727 |
---|
883 | | - | thereof, shall, in addition to other penalties provided by law, be liable 728 |
---|
884 | | - | for a penalty equal to the total amount of the tax evaded, or not 729 |
---|
885 | | - | collected, or not accounted for and paid over, including any penalty or 730 |
---|
886 | | - | interest attributable to such wilful failure to collect or truthfully 731 |
---|
887 | | - | account for and pay over such tax or such wilful attempt to evade or 732 |
---|
888 | | - | defeat such tax, provided such penalty shall only be imposed against 733 |
---|
889 | | - | such person in the event that such tax, penalty or interest cannot 734 |
---|
890 | | - | otherwise be collected from such retailer. The amount of such penalty 735 |
---|
891 | | - | with respect to which a person may be personally liable under this 736 |
---|
892 | | - | section shall be collected in accordance with the provisions of section 737 |
---|
893 | | - | 12-555a of the general statutes and any amount so collected shall be 738 |
---|
894 | | - | allowed as a credit against the amount of such tax, penalty or interest 739 |
---|
895 | | - | due and owing from the retailer. The dissolution of the retailer shall 740 |
---|
896 | | - | not discharge any person in relation to any personal liability under this 741 |
---|
897 | | - | section for wilful failure to collect or truthfully account for and pay 742 |
---|
898 | | - | over such tax or for a wilful attempt to evade or defeat such tax prior 743 Substitute Bill No. 1138 |
---|
| 852 | + | LCO No. 7328 24 of 39 |
---|
| 853 | + | |
---|
| 854 | + | For purposes of this section, "person" includes any individual, 694 |
---|
| 855 | + | corporation, limited liability company or partnership and any officer 695 |
---|
| 856 | + | or employee of any corporation, including a dissolved corporation, 696 |
---|
| 857 | + | and a member or employee of any partnership or limited liability 697 |
---|
| 858 | + | company who, as such officer, employee or member, is under a duty to 698 |
---|
| 859 | + | file a tax return under this section on behalf of a cannabis cultivation 699 |
---|
| 860 | + | facility or to collect or truthfully account for and pay over a tax 700 |
---|
| 861 | + | imposed under this section on behalf of such facility. 701 |
---|
| 862 | + | (e) No tax credit or credits shall be allowable against the tax 702 |
---|
| 863 | + | imposed under this section. 703 |
---|
| 864 | + | (f) The provisions of sections 12-551 to 12-554, inclusive, and section 704 |
---|
| 865 | + | 12-555a of the general statutes shall apply to the provisions of this 705 |
---|
| 866 | + | section in the same manner and with the same force and effect as if the 706 |
---|
| 867 | + | language of said sections had been incorporated in full into this section 707 |
---|
| 868 | + | and had expressly referred to the tax under this section, except to the 708 |
---|
| 869 | + | extent that any provision is inconsistent with a provision in this 709 |
---|
| 870 | + | section. 710 |
---|
| 871 | + | (g) The commissioner may adopt regulations, in accordance with 711 |
---|
| 872 | + | the provisions of chapter 54 of the general statutes, to implement the 712 |
---|
| 873 | + | provisions of this section. 713 |
---|
| 874 | + | (h) At the close of each fiscal year in which the tax imposed under 714 |
---|
| 875 | + | the provisions of this section are received by the commissioner, the 715 |
---|
| 876 | + | Comptroller is authorized to record as revenue for such fiscal year the 716 |
---|
| 877 | + | amounts of such tax that are received by the commissioner not later 717 |
---|
| 878 | + | than five business days from the last day of July immediately 718 |
---|
| 879 | + | following the end of such fiscal year. 719 |
---|
| 880 | + | Sec. 7. (NEW) (Effective from passage) (a) As used in this section, (1) 720 |
---|
| 881 | + | "cannabis", "cannabis product", "cannabis retailer" and "Cannabis 721 |
---|
| 882 | + | Commission" have the same meanings as provided in section 6 of this 722 |
---|
| 883 | + | act, and (2) "municipality" means any town, city or borough, 723 |
---|
| 884 | + | consolidated town and city or consolidated town and borough. 724 |
---|
| 885 | + | Raised Bill No. 1138 |
---|
905 | | - | to dissolution, except as otherwise provided in this section. For 744 |
---|
906 | | - | purposes of this section, "person" includes any individual, corporation, 745 |
---|
907 | | - | limited liability company or partnership and any officer or employee 746 |
---|
908 | | - | of any corporation, including a dissolved corporation, and a member 747 |
---|
909 | | - | or employee of any partnership or limited liability company who, as 748 |
---|
910 | | - | such officer, employee or member, is under a duty to file a tax return 749 |
---|
911 | | - | under this section on behalf of a cannabis retailer or to collect or 750 |
---|
912 | | - | truthfully account for and pay over a tax imposed under this section 751 |
---|
913 | | - | on behalf of such retailer. 752 |
---|
914 | | - | (h) No tax credit or credits shall be allowable against the tax 753 |
---|
915 | | - | imposed under this section. 754 |
---|
916 | | - | (i) The provisions of sections 12-551 to 12-554, inclusive, and section 755 |
---|
917 | | - | 12-555a of the general statutes shall apply to the provisions of this 756 |
---|
918 | | - | section in the same manner and with the same force and effect as if the 757 |
---|
919 | | - | language of said sections had been incorporated in full into this section 758 |
---|
920 | | - | and had expressly referred to the tax under this section, except to the 759 |
---|
921 | | - | extent that any provision is inconsistent with a provision in this 760 |
---|
922 | | - | section. 761 |
---|
923 | | - | (j) The commissioner may adopt regulations, in accordance with the 762 |
---|
924 | | - | provisions of chapter 54 of the general statutes, to implement the 763 |
---|
925 | | - | provisions of this section. 764 |
---|
926 | | - | (k) At the close of each fiscal year in which the tax imposed under 765 |
---|
927 | | - | the provisions of this section are received by the commissioner, the 766 |
---|
928 | | - | Comptroller is authorized to record as revenue for such fiscal year the 767 |
---|
929 | | - | amounts of such tax that are received by the commissioner not later 768 |
---|
930 | | - | than five business days from the last day of July immediately 769 |
---|
931 | | - | following the end of such fiscal year. 770 |
---|
932 | | - | Sec. 8. Subdivision (1) of section 12-408 of the general statutes is 771 |
---|
933 | | - | repealed and the following is substituted in lieu thereof (Effective from 772 |
---|
934 | | - | passage): 773 |
---|
935 | | - | (1) (A) For the privilege of making any sales, as defined in 774 Substitute Bill No. 1138 |
---|
| 889 | + | LCO No. 7328 25 of 39 |
---|
| 890 | + | |
---|
| 891 | + | (b) (1) On and after the date the Cannabis Commission first issues a 725 |
---|
| 892 | + | license to a cannabis retailer, there is imposed a local sales tax at the 726 |
---|
| 893 | + | rate of three per cent on the sale of all cannabis and cannabis products. 727 |
---|
| 894 | + | Such tax shall be in addition to the tax applicable to such sales under 728 |
---|
| 895 | + | section 12-408 of the general statutes, as amended by this act. 729 |
---|
| 896 | + | (2) Each cannabis retailer making such sales shall file with the 730 |
---|
| 897 | + | commissioner, on or before the last day of each calendar quarter, a 731 |
---|
| 898 | + | return for the calendar quarter immediately preceding. Such returns 732 |
---|
| 899 | + | shall be in such form and contain such information as the 733 |
---|
| 900 | + | commissioner prescribes and shall indicate the municipality in which 734 |
---|
| 901 | + | such sales occurred, and shall be accompanied by a payment of the 735 |
---|
| 902 | + | total amount of tax shown to be due thereon. 736 |
---|
| 903 | + | (c) The commissioner shall deposit any local sales tax collected 737 |
---|
| 904 | + | pursuant to subsection (b) of this section into the municipal cannabis 738 |
---|
| 905 | + | revenue account established under subsection (d) of this section. 739 |
---|
| 906 | + | (d) There is established an account to be known as the "municipal 740 |
---|
| 907 | + | cannabis revenue account" which shall be a separate account within 741 |
---|
| 908 | + | the General Fund. The account shall contain any moneys required by 742 |
---|
| 909 | + | law to be deposited in the account. Moneys in the account shall be 743 |
---|
| 910 | + | expended by the Commissioner of Revenue Services for the purpose of 744 |
---|
| 911 | + | providing moneys in accordance with this section to municipalities in 745 |
---|
| 912 | + | which cannabis retailers are selling cannabis and cannabis products to 746 |
---|
| 913 | + | consumers. 747 |
---|
| 914 | + | (e) (1) The commissioner shall maintain (A) an accounting of all 748 |
---|
| 915 | + | sums deposited in the account, aggregated by municipality, (B) a 749 |
---|
| 916 | + | listing of sums remitted by each cannabis retailer, and (C) such other 750 |
---|
| 917 | + | information as the commissioner deems necessary for the purposes of 751 |
---|
| 918 | + | this section. 752 |
---|
| 919 | + | (2) Commencing in the second calendar quarter following the initial 753 |
---|
| 920 | + | deposit into the account, the commissioner shall distribute on a 754 |
---|
| 921 | + | quarterly basis a sum, calculated on a point-of-sale basis, to each 755 |
---|
| 922 | + | Raised Bill No. 1138 |
---|
942 | | - | subdivision (2) of subsection (a) of section 12-407, at retail, in this state 775 |
---|
943 | | - | for a consideration, a tax is hereby imposed on all retailers at the rate 776 |
---|
944 | | - | of six and thirty-five-hundredths per cent of the gross receipts of any 777 |
---|
945 | | - | retailer from the sale of all tangible personal property sold at retail or 778 |
---|
946 | | - | from the rendering of any services constituting a sale in accordance 779 |
---|
947 | | - | with subdivision (2) of subsection (a) of section 12-407, except, in lieu 780 |
---|
948 | | - | of said rate, [of six and thirty-five-hundredths per cent,] the rates 781 |
---|
949 | | - | provided in subparagraphs (B) to (H), inclusive, of this subdivision; 782 |
---|
950 | | - | (B) (i) At a rate of fifteen per cent with respect to each transfer of 783 |
---|
951 | | - | occupancy, from the total amount of rent received by a hotel or 784 |
---|
952 | | - | lodging house for the first period not exceeding thirty consecutive 785 |
---|
953 | | - | calendar days; 786 |
---|
954 | | - | (ii) At a rate of eleven per cent with respect to each transfer of 787 |
---|
955 | | - | occupancy, from the total amount of rent received by a bed and 788 |
---|
956 | | - | breakfast establishment for the first period not exceeding thirty 789 |
---|
957 | | - | consecutive calendar days; 790 |
---|
958 | | - | (C) With respect to the sale of a motor vehicle to any individual who 791 |
---|
959 | | - | is a member of the armed forces of the United States and is on full-time 792 |
---|
960 | | - | active duty in Connecticut and who is considered, under 50 App USC 793 |
---|
961 | | - | 574, a resident of another state, or to any such individual and the 794 |
---|
962 | | - | spouse thereof, at a rate of four and one-half per cent of the gross 795 |
---|
963 | | - | receipts of any retailer from such sales, provided such retailer requires 796 |
---|
964 | | - | and maintains a declaration by such individual, prescribed as to form 797 |
---|
965 | | - | by the commissioner and bearing notice to the effect that false 798 |
---|
966 | | - | statements made in such declaration are punishable, or other evidence, 799 |
---|
967 | | - | satisfactory to the commissioner, concerning the purchaser's state of 800 |
---|
968 | | - | residence under 50 App USC 574; 801 |
---|
969 | | - | (D) (i) With respect to the sales of computer and data processing 802 |
---|
970 | | - | services occurring on or after July 1, 2001, at the rate of one per cent, 803 |
---|
971 | | - | and (ii) with respect to sales of Internet access services, on and after 804 |
---|
972 | | - | July 1, 2001, such services shall be exempt from such tax; 805 Substitute Bill No. 1138 |
---|
| 926 | + | LCO No. 7328 26 of 39 |
---|
| 927 | + | |
---|
| 928 | + | municipality in which a cannabis retailer is located and for which a 756 |
---|
| 929 | + | point-of-sale can be determined. Any moneys remaining in the account 757 |
---|
| 930 | + | at the close of the fiscal year for which no point-of-sale can be 758 |
---|
| 931 | + | determined shall be transferred to the Community Development 759 |
---|
| 932 | + | Corporation Trust Fund established under section 4 of this act. 760 |
---|
| 933 | + | (3) The commissioner shall make available to each municipality in 761 |
---|
| 934 | + | which a cannabis retailer is located any information concerning such 762 |
---|
| 935 | + | municipality that is maintained under subdivision (1) of this 763 |
---|
| 936 | + | subsection. 764 |
---|
| 937 | + | (f) If any person fails to pay the amount of tax reported due on its 765 |
---|
| 938 | + | report within the time specified under this section, there shall be 766 |
---|
| 939 | + | imposed a penalty equal to ten per cent of such amount due and 767 |
---|
| 940 | + | unpaid, or fifty dollars, whichever is greater. Such amount shall bear 768 |
---|
| 941 | + | interest at the rate of one per cent per month or fraction thereof, from 769 |
---|
| 942 | + | the due date of such tax until the date of payment. Subject to the 770 |
---|
| 943 | + | provisions of section 12-3a of the general statutes, the commissioner 771 |
---|
| 944 | + | may waive all or part of the penalties provided under this section 772 |
---|
| 945 | + | when it is proven to the commissioner's satisfaction that the failure to 773 |
---|
| 946 | + | pay any tax was due to reasonable cause and was not intentional or 774 |
---|
| 947 | + | due to neglect. 775 |
---|
| 948 | + | (g) Each person, other than a cannabis retailer, who is required, on 776 |
---|
| 949 | + | behalf of such retailer, to collect, truthfully account for and pay over a 777 |
---|
| 950 | + | tax imposed on such retailer under this section and who wilfully fails 778 |
---|
| 951 | + | to collect, truthfully account for and pay over such tax or who wilfully 779 |
---|
| 952 | + | attempts in any manner to evade or defeat the tax or the payment 780 |
---|
| 953 | + | thereof, shall, in addition to other penalties provided by law, be liable 781 |
---|
| 954 | + | for a penalty equal to the total amount of the tax evaded, or not 782 |
---|
| 955 | + | collected, or not accounted for and paid over, including any penalty or 783 |
---|
| 956 | + | interest attributable to such wilful failure to collect or truthfully 784 |
---|
| 957 | + | account for and pay over such tax or such wilful attempt to evade or 785 |
---|
| 958 | + | defeat such tax, provided such penalty shall only be imposed against 786 |
---|
| 959 | + | such person in the event that such tax, penalty or interest cannot 787 |
---|
| 960 | + | Raised Bill No. 1138 |
---|
979 | | - | (E) (i) With respect to the sales of labor that is otherwise taxable 806 |
---|
980 | | - | under subparagraph (C) or (G) of subdivision (2) of subsection (a) of 807 |
---|
981 | | - | section 12-407 on existing vessels and repair or maintenance services 808 |
---|
982 | | - | on vessels occurring on and after July 1, 1999, such services shall be 809 |
---|
983 | | - | exempt from such tax; 810 |
---|
984 | | - | (ii) With respect to the sale of a vessel, a motor for a vessel or a 811 |
---|
985 | | - | trailer used for transporting a vessel, at the rate of two and ninety-812 |
---|
986 | | - | nine-hundredths per cent, except that the sale of a vessel shall be 813 |
---|
987 | | - | exempt from such tax if such vessel is docked in this state for sixty or 814 |
---|
988 | | - | fewer days in a calendar year; 815 |
---|
989 | | - | (F) With respect to patient care services for which payment is 816 |
---|
990 | | - | received by the hospital on or after July 1, 1999, and prior to July 1, 817 |
---|
991 | | - | 2001, at the rate of five and three-fourths per cent and on and after July 818 |
---|
992 | | - | 1, 2001, such services shall be exempt from such tax; 819 |
---|
993 | | - | (G) With respect to the rental or leasing of a passenger motor 820 |
---|
994 | | - | vehicle for a period of thirty consecutive calendar days or less, at a rate 821 |
---|
995 | | - | of nine and thirty-five-hundredths per cent; 822 |
---|
996 | | - | (H) With respect to the sale of (i) a motor vehicle for a sales price 823 |
---|
997 | | - | exceeding fifty thousand dollars, at a rate of seven and three-fourths 824 |
---|
998 | | - | per cent on the entire sales price, (ii) jewelry, whether real or imitation, 825 |
---|
999 | | - | for a sales price exceeding five thousand dollars, at a rate of seven and 826 |
---|
1000 | | - | three-fourths per cent on the entire sales price, and (iii) an article of 827 |
---|
1001 | | - | clothing or footwear intended to be worn on or about the human body, 828 |
---|
1002 | | - | a handbag, luggage, umbrella, wallet or watch for a sales price 829 |
---|
1003 | | - | exceeding one thousand dollars, at a rate of seven and three-fourths 830 |
---|
1004 | | - | per cent on the entire sales price. For purposes of this subparagraph, 831 |
---|
1005 | | - | "motor vehicle" has the meaning provided in section 14-1, but does not 832 |
---|
1006 | | - | include a motor vehicle subject to the provisions of subparagraph (C) 833 |
---|
1007 | | - | of this subdivision, a motor vehicle having a gross vehicle weight 834 |
---|
1008 | | - | rating over twelve thousand five hundred pounds, or a motor vehicle 835 |
---|
1009 | | - | having a gross vehicle weight rating of twelve thousand five hundred 836 |
---|
1010 | | - | pounds or less that is not used for private passenger purposes, but is 837 Substitute Bill No. 1138 |
---|
| 964 | + | LCO No. 7328 27 of 39 |
---|
| 965 | + | |
---|
| 966 | + | otherwise be collected from such retailer. The amount of such penalty 788 |
---|
| 967 | + | with respect to which a person may be personally liable under this 789 |
---|
| 968 | + | section shall be collected in accordance with the provisions of section 790 |
---|
| 969 | + | 12-555a of the general statutes and any amount so collected shall be 791 |
---|
| 970 | + | allowed as a credit against the amount of such tax, penalty or interest 792 |
---|
| 971 | + | due and owing from the retailer. The dissolution of the retailer shall 793 |
---|
| 972 | + | not discharge any person in relation to any personal liability under this 794 |
---|
| 973 | + | section for wilful failure to collect or truthfully account for and pay 795 |
---|
| 974 | + | over such tax or for a wilful attempt to evade or defeat such tax prior 796 |
---|
| 975 | + | to dissolution, except as otherwise provided in this section. For 797 |
---|
| 976 | + | purposes of this section, "person" includes any individual, corporation, 798 |
---|
| 977 | + | limited liability company or partnership and any officer or employee 799 |
---|
| 978 | + | of any corporation, including a dissolved corporation, and a member 800 |
---|
| 979 | + | or employee of any partnership or limited liability company who, as 801 |
---|
| 980 | + | such officer, employee or member, is under a duty to file a tax return 802 |
---|
| 981 | + | under this section on behalf of a cannabis retailer or to collect or 803 |
---|
| 982 | + | truthfully account for and pay over a tax imposed under this section 804 |
---|
| 983 | + | on behalf of such retailer. 805 |
---|
| 984 | + | (h) No tax credit or credits shall be allowable against the tax 806 |
---|
| 985 | + | imposed under this section. 807 |
---|
| 986 | + | (i) The provisions of sections 12-551 to 12-554, inclusive, and section 808 |
---|
| 987 | + | 12-555a of the general statutes shall apply to the provisions of this 809 |
---|
| 988 | + | section in the same manner and with the same force and effect as if the 810 |
---|
| 989 | + | language of said sections had been incorporated in full into this section 811 |
---|
| 990 | + | and had expressly referred to the tax under this section, except to the 812 |
---|
| 991 | + | extent that any provision is inconsistent with a provision in this 813 |
---|
| 992 | + | section. 814 |
---|
| 993 | + | (j) The commissioner may adopt regulations, in accordance with the 815 |
---|
| 994 | + | provisions of chapter 54 of the general statutes, to implement the 816 |
---|
| 995 | + | provisions of this section. 817 |
---|
| 996 | + | (k) At the close of each fiscal year in which the tax imposed under 818 |
---|
| 997 | + | Raised Bill No. 1138 |
---|
1017 | | - | designed or used to transport merchandise, freight or persons in 838 |
---|
1018 | | - | connection with any business enterprise and issued a commercial 839 |
---|
1019 | | - | registration or more specific type of registration by the Department of 840 |
---|
1020 | | - | Motor Vehicles; 841 |
---|
1021 | | - | (I) The rate of tax imposed by this chapter shall be applicable to all 842 |
---|
1022 | | - | retail sales upon the effective date of such rate, except that a new rate 843 |
---|
1023 | | - | which represents an increase in the rate applicable to the sale shall not 844 |
---|
1024 | | - | apply to any sales transaction wherein a binding sales contract without 845 |
---|
1025 | | - | an escalator clause has been entered into prior to the effective date of 846 |
---|
1026 | | - | the new rate and delivery is made within ninety days after the effective 847 |
---|
1027 | | - | date of the new rate. For the purposes of payment of the tax imposed 848 |
---|
1028 | | - | under this section, any retailer of services taxable under subdivision 849 |
---|
1029 | | - | (37) of subsection (a) of section 12-407, who computes taxable income, 850 |
---|
1030 | | - | for purposes of taxation under the Internal Revenue Code of 1986, or 851 |
---|
1031 | | - | any subsequent corresponding internal revenue code of the United 852 |
---|
1032 | | - | States, as from time to time amended, on an accounting basis which 853 |
---|
1033 | | - | recognizes only cash or other valuable consideration actually received 854 |
---|
1034 | | - | as income and who is liable for such tax only due to the rendering of 855 |
---|
1035 | | - | such services may make payments related to such tax for the period 856 |
---|
1036 | | - | during which such income is received, without penalty or interest, 857 |
---|
1037 | | - | without regard to when such service is rendered; 858 |
---|
1038 | | - | (J) (i) For calendar quarters ending on or after September 30, 2019, 859 |
---|
1039 | | - | the commissioner shall deposit into the regional planning incentive 860 |
---|
1040 | | - | account, established pursuant to section 4-66k, six and seven-tenths 861 |
---|
1041 | | - | per cent of the amounts received by the state from the tax imposed 862 |
---|
1042 | | - | under subparagraph (B) of this subdivision and ten and seven-tenths 863 |
---|
1043 | | - | per cent of the amounts received by the state from the tax imposed 864 |
---|
1044 | | - | under subparagraph (G) of this subdivision; 865 |
---|
1045 | | - | (ii) For calendar quarters ending on or after September 30, 2018, the 866 |
---|
1046 | | - | commissioner shall deposit into the Tourism Fund established under 867 |
---|
1047 | | - | section 10-395b ten per cent of the amounts received by the state from 868 |
---|
1048 | | - | the tax imposed under subparagraph (B) of this subdivision; 869 Substitute Bill No. 1138 |
---|
| 1001 | + | LCO No. 7328 28 of 39 |
---|
| 1002 | + | |
---|
| 1003 | + | the provisions of this section are received by the commissioner, the 819 |
---|
| 1004 | + | Comptroller is authorized to record as revenue for such fiscal year the 820 |
---|
| 1005 | + | amounts of such tax that are received by the commissioner not later 821 |
---|
| 1006 | + | than five business days from the last day of July immediately 822 |
---|
| 1007 | + | following the end of such fiscal year. 823 |
---|
| 1008 | + | Sec. 8. Subdivision (1) of section 12-408 of the general statutes is 824 |
---|
| 1009 | + | repealed and the following is substituted in lieu thereof (Effective from 825 |
---|
| 1010 | + | passage): 826 |
---|
| 1011 | + | (1) (A) For the privilege of making any sales, as defined in 827 |
---|
| 1012 | + | subdivision (2) of subsection (a) of section 12-407, at retail, in this state 828 |
---|
| 1013 | + | for a consideration, a tax is hereby imposed on all retailers at the rate 829 |
---|
| 1014 | + | of six and thirty-five-hundredths per cent of the gross receipts of any 830 |
---|
| 1015 | + | retailer from the sale of all tangible personal property sold at retail or 831 |
---|
| 1016 | + | from the rendering of any services constituting a sale in accordance 832 |
---|
| 1017 | + | with subdivision (2) of subsection (a) of section 12-407, except, in lieu 833 |
---|
| 1018 | + | of said rate, [of six and thirty-five-hundredths per cent,] the rates 834 |
---|
| 1019 | + | provided in subparagraphs (B) to (H), inclusive, of this subdivision; 835 |
---|
| 1020 | + | (B) (i) At a rate of fifteen per cent with respect to each transfer of 836 |
---|
| 1021 | + | occupancy, from the total amount of rent received by a hotel or 837 |
---|
| 1022 | + | lodging house for the first period not exceeding thirty consecutive 838 |
---|
| 1023 | + | calendar days; 839 |
---|
| 1024 | + | (ii) At a rate of eleven per cent with respect to each transfer of 840 |
---|
| 1025 | + | occupancy, from the total amount of rent received by a bed and 841 |
---|
| 1026 | + | breakfast establishment for the first period not exceeding thirty 842 |
---|
| 1027 | + | consecutive calendar days; 843 |
---|
| 1028 | + | (C) With respect to the sale of a motor vehicle to any individual who 844 |
---|
| 1029 | + | is a member of the armed forces of the United States and is on full-time 845 |
---|
| 1030 | + | active duty in Connecticut and who is considered, under 50 App USC 846 |
---|
| 1031 | + | 574, a resident of another state, or to any such individual and the 847 |
---|
| 1032 | + | spouse thereof, at a rate of four and one-half per cent of the gross 848 |
---|
| 1033 | + | receipts of any retailer from such sales, provided such retailer requires 849 |
---|
| 1034 | + | Raised Bill No. 1138 |
---|
1055 | | - | (K) For calendar months commencing on or after July 1, 2021, the 870 |
---|
1056 | | - | commissioner shall deposit into the municipal revenue sharing 871 |
---|
1057 | | - | account established pursuant to section 4-66l seven and nine-tenths per 872 |
---|
1058 | | - | cent of the amounts received by the state from the tax imposed under 873 |
---|
1059 | | - | subparagraph (A) of this subdivision; [and] 874 |
---|
1060 | | - | (L) (i) For calendar months commencing on or after July 1, 2017, the 875 |
---|
1061 | | - | commissioner shall deposit into the Special Transportation Fund 876 |
---|
1062 | | - | established under section 13b-68 seven and nine-tenths per cent of the 877 |
---|
1063 | | - | amounts received by the state from the tax imposed under 878 |
---|
1064 | | - | subparagraph (A) of this subdivision; 879 |
---|
1065 | | - | (ii) For calendar months commencing on or after July 1, 2018, but 880 |
---|
1066 | | - | prior to July 1, 2019, the commissioner shall deposit into the Special 881 |
---|
1067 | | - | Transportation Fund established under section 13b-68 eight per cent of 882 |
---|
1068 | | - | the amounts received by the state from the tax imposed under 883 |
---|
1069 | | - | subparagraphs (A) and (H) of this subdivision on the sale of a motor 884 |
---|
1070 | | - | vehicle; 885 |
---|
1071 | | - | (iii) For calendar months commencing on or after July 1, 2019, but 886 |
---|
1072 | | - | prior to July 1, 2020, the commissioner shall deposit into the Special 887 |
---|
1073 | | - | Transportation Fund established under section 13b-68 thirty-three per 888 |
---|
1074 | | - | cent of the amounts received by the state from the tax imposed under 889 |
---|
1075 | | - | subparagraphs (A) and (H) of this subdivision on the sale of a motor 890 |
---|
1076 | | - | vehicle; 891 |
---|
1077 | | - | (iv) For calendar months commencing on or after July 1, 2020, but 892 |
---|
1078 | | - | prior to July 1, 2021, the commissioner shall deposit into the Special 893 |
---|
1079 | | - | Transportation Fund established under section 13b-68 fifty-six per cent 894 |
---|
1080 | | - | of the amounts received by the state from the tax imposed under 895 |
---|
1081 | | - | subparagraphs (A) and (H) of this subdivision on the sale of a motor 896 |
---|
1082 | | - | vehicle; 897 |
---|
1083 | | - | (v) For calendar months commencing on or after July 1, 2021, but 898 |
---|
1084 | | - | prior to July 1, 2022, the commissioner shall deposit into the Special 899 |
---|
1085 | | - | Transportation Fund established under section 13b-68 seventy-five per 900 Substitute Bill No. 1138 |
---|
| 1038 | + | LCO No. 7328 29 of 39 |
---|
| 1039 | + | |
---|
| 1040 | + | and maintains a declaration by such individual, prescribed as to form 850 |
---|
| 1041 | + | by the commissioner and bearing notice to the effect that false 851 |
---|
| 1042 | + | statements made in such declaration are punishable, or other evidence, 852 |
---|
| 1043 | + | satisfactory to the commissioner, concerning the purchaser's state of 853 |
---|
| 1044 | + | residence under 50 App USC 574; 854 |
---|
| 1045 | + | (D) (i) With respect to the sales of computer and data processing 855 |
---|
| 1046 | + | services occurring on or after July 1, 2001, at the rate of one per cent, 856 |
---|
| 1047 | + | and (ii) with respect to sales of Internet access services, on and after 857 |
---|
| 1048 | + | July 1, 2001, such services shall be exempt from such tax; 858 |
---|
| 1049 | + | (E) (i) With respect to the sales of labor that is otherwise taxable 859 |
---|
| 1050 | + | under subparagraph (C) or (G) of subdivision (2) of subsection (a) of 860 |
---|
| 1051 | + | section 12-407 on existing vessels and repair or maintenance services 861 |
---|
| 1052 | + | on vessels occurring on and after July 1, 1999, such services shall be 862 |
---|
| 1053 | + | exempt from such tax; 863 |
---|
| 1054 | + | (ii) With respect to the sale of a vessel, a motor for a vessel or a 864 |
---|
| 1055 | + | trailer used for transporting a vessel, at the rate of two and ninety-865 |
---|
| 1056 | + | nine-hundredths per cent, except that the sale of a vessel shall be 866 |
---|
| 1057 | + | exempt from such tax if such vessel is docked in this state for sixty or 867 |
---|
| 1058 | + | fewer days in a calendar year; 868 |
---|
| 1059 | + | (F) With respect to patient care services for which payment is 869 |
---|
| 1060 | + | received by the hospital on or after July 1, 1999, and prior to July 1, 870 |
---|
| 1061 | + | 2001, at the rate of five and three-fourths per cent and on and after July 871 |
---|
| 1062 | + | 1, 2001, such services shall be exempt from such tax; 872 |
---|
| 1063 | + | (G) With respect to the rental or leasing of a passenger motor 873 |
---|
| 1064 | + | vehicle for a period of thirty consecutive calendar days or less, at a rate 874 |
---|
| 1065 | + | of nine and thirty-five-hundredths per cent; 875 |
---|
| 1066 | + | (H) With respect to the sale of (i) a motor vehicle for a sales price 876 |
---|
| 1067 | + | exceeding fifty thousand dollars, at a rate of seven and three-fourths 877 |
---|
| 1068 | + | per cent on the entire sales price, (ii) jewelry, whether real or imitation, 878 |
---|
| 1069 | + | for a sales price exceeding five thousand dollars, at a rate of seven and 879 |
---|
| 1070 | + | Raised Bill No. 1138 |
---|
1092 | | - | cent of the amounts received by the state from the tax imposed under 901 |
---|
1093 | | - | subparagraphs (A) and (H) of this subdivision on the sale of a motor 902 |
---|
1094 | | - | vehicle; and 903 |
---|
1095 | | - | (vi) For calendar months commencing on or after July 1, 2022, the 904 |
---|
1096 | | - | commissioner shall deposit into the Special Transportation Fund 905 |
---|
1097 | | - | established under section 13b-68 one hundred per cent of the amounts 906 |
---|
1098 | | - | received by the state from the tax imposed under subparagraphs (A) 907 |
---|
1099 | | - | and (H) of this subdivision on the sale of a motor vehicle; [.] and 908 |
---|
1100 | | - | (M) For calendar quarters ending on or after the initial deposit of the 909 |
---|
1101 | | - | tax on the sale of cannabis and cannabis products, as both terms are 910 |
---|
1102 | | - | defined in section 6 of this act, the commissioner shall deposit into the 911 |
---|
1103 | | - | Community Development Corporation Trust Fund established under 912 |
---|
1104 | | - | section 4 of this act one hundred per cent of the amounts received and 913 |
---|
1105 | | - | retained by the state from sales subject to the tax under subsection (b) 914 |
---|
1106 | | - | of section 7 of this act. 915 |
---|
1107 | | - | Sec. 9. Section 36a-455a of the general statutes is repealed and the 916 |
---|
1108 | | - | following is substituted in lieu thereof (Effective from passage): 917 |
---|
1109 | | - | A Connecticut credit union may: 918 |
---|
1110 | | - | (1) Transact a general credit union business and exercise by its 919 |
---|
1111 | | - | governing board or duly authorized members of senior management, 920 |
---|
1112 | | - | subject to applicable law, all such incidental powers as are consistent 921 |
---|
1113 | | - | with its purposes. The express powers authorized for a Connecticut 922 |
---|
1114 | | - | credit union under this section do not preclude the existence of 923 |
---|
1115 | | - | additional powers deemed to be incidental to the transaction of a 924 |
---|
1116 | | - | general credit union business pursuant to this subdivision; 925 |
---|
1117 | | - | (2) (A) Issue shares to its members and receive payments on shares 926 |
---|
1118 | | - | from its members and from those nonmembers specified in subsection 927 |
---|
1119 | | - | (e) of section 36a-456a, subject to the provisions of sections 36a-290 to 928 |
---|
1120 | | - | 36a-297, inclusive, 36a-330 to 36a-338, inclusive, and 36a-456a, (B) 929 |
---|
1121 | | - | receive deposits of members and nonmembers subject to provisions of 930 |
---|
1122 | | - | sections 36a-456a and 36a-456b, (C) reduce the amount of its member 931 Substitute Bill No. 1138 |
---|
| 1074 | + | LCO No. 7328 30 of 39 |
---|
| 1075 | + | |
---|
| 1076 | + | three-fourths per cent on the entire sales price, and (iii) an article of 880 |
---|
| 1077 | + | clothing or footwear intended to be worn on or about the human body, 881 |
---|
| 1078 | + | a handbag, luggage, umbrella, wallet or watch for a sales price 882 |
---|
| 1079 | + | exceeding one thousand dollars, at a rate of seven and three-fourths 883 |
---|
| 1080 | + | per cent on the entire sales price. For purposes of this subparagraph, 884 |
---|
| 1081 | + | "motor vehicle" has the meaning provided in section 14-1, but does not 885 |
---|
| 1082 | + | include a motor vehicle subject to the provisions of subparagraph (C) 886 |
---|
| 1083 | + | of this subdivision, a motor vehicle having a gross vehicle weight 887 |
---|
| 1084 | + | rating over twelve thousand five hundred pounds, or a motor vehicle 888 |
---|
| 1085 | + | having a gross vehicle weight rating of twelve thousand five hundred 889 |
---|
| 1086 | + | pounds or less that is not used for private passenger purposes, but is 890 |
---|
| 1087 | + | designed or used to transport merchandise, freight or persons in 891 |
---|
| 1088 | + | connection with any business enterprise and issued a commercial 892 |
---|
| 1089 | + | registration or more specific type of registration by the Department of 893 |
---|
| 1090 | + | Motor Vehicles; 894 |
---|
| 1091 | + | (I) The rate of tax imposed by this chapter shall be applicable to all 895 |
---|
| 1092 | + | retail sales upon the effective date of such rate, except that a new rate 896 |
---|
| 1093 | + | which represents an increase in the rate applicable to the sale shall not 897 |
---|
| 1094 | + | apply to any sales transaction wherein a binding sales contract without 898 |
---|
| 1095 | + | an escalator clause has been entered into prior to the effective date of 899 |
---|
| 1096 | + | the new rate and delivery is made within ninety days after the effective 900 |
---|
| 1097 | + | date of the new rate. For the purposes of payment of the tax imposed 901 |
---|
| 1098 | + | under this section, any retailer of services taxable under subdivision 902 |
---|
| 1099 | + | (37) of subsection (a) of section 12-407, who computes taxable income, 903 |
---|
| 1100 | + | for purposes of taxation under the Internal Revenue Code of 1986, or 904 |
---|
| 1101 | + | any subsequent corresponding internal revenue code of the United 905 |
---|
| 1102 | + | States, as from time to time amended, on an accounting basis which 906 |
---|
| 1103 | + | recognizes only cash or other valuable consideration actually received 907 |
---|
| 1104 | + | as income and who is liable for such tax only due to the rendering of 908 |
---|
| 1105 | + | such services may make payments related to such tax for the period 909 |
---|
| 1106 | + | during which such income is received, without penalty or interest, 910 |
---|
| 1107 | + | without regard to when such service is rendered; 911 |
---|
| 1108 | + | (J) (i) For calendar quarters ending on or after September 30, 2019, 912 |
---|
| 1109 | + | Raised Bill No. 1138 |
---|
1129 | | - | and nonmember shares and deposits, (D) expel members and cancel 932 |
---|
1130 | | - | shares in accordance with section 36a-439a, and (E) provide check 933 |
---|
1131 | | - | cashing and wire and electronic transfer services to nonmembers who 934 |
---|
1132 | | - | are within such credit union's field of membership; 935 |
---|
1133 | | - | (3) Make and use its best efforts to make secured and unsecured 936 |
---|
1134 | | - | loans and other extensions of credit to its members in accordance with 937 |
---|
1135 | | - | section 36a-265 and sections 36a-457a, 36a-457b and 36a-458a; 938 |
---|
1136 | | - | (4) Invest its funds in accordance with section 36a-459a; 939 |
---|
1137 | | - | (5) Declare and pay dividends in accordance with sections 36a-441a 940 |
---|
1138 | | - | and 36a-456c, and pay interest refunds to borrowers; 941 |
---|
1139 | | - | (6) Act as a finder or agent for the sale of insurance and fixed and 942 |
---|
1140 | | - | variable rate annuities directly, sell insurance and such annuities 943 |
---|
1141 | | - | indirectly through a Connecticut credit union service organization, or 944 |
---|
1142 | | - | enter into arrangements with third-party marketing organizations for 945 |
---|
1143 | | - | the sale by such third-party marketing organizations of insurance or 946 |
---|
1144 | | - | such annuities on the premises of the Connecticut credit union or to 947 |
---|
1145 | | - | members of the Connecticut credit union, provided: (A) Such 948 |
---|
1146 | | - | insurance and annuities are issued or purchased by or from an 949 |
---|
1147 | | - | insurance company licensed in accordance with section 38a-41; and (B) 950 |
---|
1148 | | - | the Connecticut credit union, Connecticut credit union service 951 |
---|
1149 | | - | organization or third-party marketing organization, and any officer 952 |
---|
1150 | | - | and employee thereof, shall be licensed as required by section 38a-769 953 |
---|
1151 | | - | before engaging in any of the activities authorized by this subdivision. 954 |
---|
1152 | | - | As used in this subdivision, "annuities" and "insurance" have the same 955 |
---|
1153 | | - | meanings as set forth in section 38a-41, except that "insurance" does 956 |
---|
1154 | | - | not include title insurance. The provisions of this subdivision do not 957 |
---|
1155 | | - | authorize a Connecticut credit union or Connecticut credit union 958 |
---|
1156 | | - | service organization to underwrite insurance or annuities; 959 |
---|
1157 | | - | (7) Borrow money to an amount not exceeding fifty per cent of the 960 |
---|
1158 | | - | total assets of the Connecticut credit union provided the credit union 961 |
---|
1159 | | - | shall give prior notice to the commissioner in writing of its intention to 962 Substitute Bill No. 1138 |
---|
| 1113 | + | LCO No. 7328 31 of 39 |
---|
| 1114 | + | |
---|
| 1115 | + | the commissioner shall deposit into the regional planning incentive 913 |
---|
| 1116 | + | account, established pursuant to section 4-66k, six and seven-tenths 914 |
---|
| 1117 | + | per cent of the amounts received by the state from the tax imposed 915 |
---|
| 1118 | + | under subparagraph (B) of this subdivision and ten and seven-tenths 916 |
---|
| 1119 | + | per cent of the amounts received by the state from the tax imposed 917 |
---|
| 1120 | + | under subparagraph (G) of this subdivision; 918 |
---|
| 1121 | + | (ii) For calendar quarters ending on or after September 30, 2018, the 919 |
---|
| 1122 | + | commissioner shall deposit into the Tourism Fund established under 920 |
---|
| 1123 | + | section 10-395b ten per cent of the amounts received by the state from 921 |
---|
| 1124 | + | the tax imposed under subparagraph (B) of this subdivision; 922 |
---|
| 1125 | + | (K) For calendar months commencing on or after July 1, 2021, the 923 |
---|
| 1126 | + | commissioner shall deposit into the municipal revenue sharing 924 |
---|
| 1127 | + | account established pursuant to section 4-66l seven and nine-tenths per 925 |
---|
| 1128 | + | cent of the amounts received by the state from the tax imposed under 926 |
---|
| 1129 | + | subparagraph (A) of this subdivision; [and] 927 |
---|
| 1130 | + | (L) (i) For calendar months commencing on or after July 1, 2017, the 928 |
---|
| 1131 | + | commissioner shall deposit into the Special Transportation Fund 929 |
---|
| 1132 | + | established under section 13b-68 seven and nine-tenths per cent of the 930 |
---|
| 1133 | + | amounts received by the state from the tax imposed under 931 |
---|
| 1134 | + | subparagraph (A) of this subdivision; 932 |
---|
| 1135 | + | (ii) For calendar months commencing on or after July 1, 2018, but 933 |
---|
| 1136 | + | prior to July 1, 2019, the commissioner shall deposit into the Special 934 |
---|
| 1137 | + | Transportation Fund established under section 13b-68 eight per cent of 935 |
---|
| 1138 | + | the amounts received by the state from the tax imposed under 936 |
---|
| 1139 | + | subparagraphs (A) and (H) of this subdivision on the sale of a motor 937 |
---|
| 1140 | + | vehicle; 938 |
---|
| 1141 | + | (iii) For calendar months commencing on or after July 1, 2019, but 939 |
---|
| 1142 | + | prior to July 1, 2020, the commissioner shall deposit into the Special 940 |
---|
| 1143 | + | Transportation Fund established under section 13b-68 thirty-three per 941 |
---|
| 1144 | + | cent of the amounts received by the state from the tax imposed under 942 |
---|
| 1145 | + | subparagraphs (A) and (H) of this subdivision on the sale of a motor 943 |
---|
| 1146 | + | Raised Bill No. 1138 |
---|
1166 | | - | borrow amounts in excess of thirty-five per cent of its total assets; 963 |
---|
1167 | | - | (8) Act as fiscal agent for the federal government, this state or any 964 |
---|
1168 | | - | agency or political subdivision thereof; 965 |
---|
1169 | | - | (9) Provide loan processing, loan servicing, member check and 966 |
---|
1170 | | - | money order cashing services, disbursement of share withdrawals and 967 |
---|
1171 | | - | loan proceeds, money orders, internal audits, automated teller 968 |
---|
1172 | | - | machine services, ACH and wire transfer services, prepaid debit cards, 969 |
---|
1173 | | - | payroll cards, digital wallet services, coin and currency services, 970 |
---|
1174 | | - | remote deposit capture services, electronic banking and other similar 971 |
---|
1175 | | - | services to other Connecticut credit unions, federal credit unions, 972 |
---|
1176 | | - | federally insured financial institutions and out-of-state credit unions; 973 |
---|
1177 | | - | (10) Provide finder services to its members, including the offering of 974 |
---|
1178 | | - | third party products and services through the sale of advertising space 975 |
---|
1179 | | - | on its web site, account statements and receipts, and the sale of 976 |
---|
1180 | | - | statistical or consumer financial information to outside vendors in 977 |
---|
1181 | | - | accordance with sections 36a-40 to 36a-45, inclusive, in order to 978 |
---|
1182 | | - | facilitate the sale of such products to the members of such Connecticut 979 |
---|
1183 | | - | credit union; 980 |
---|
1184 | | - | (11) With the prior approval of the commissioner, exercise fiduciary 981 |
---|
1185 | | - | powers; 982 |
---|
1186 | | - | (12) Maintain and rent safe deposit boxes within suitably 983 |
---|
1187 | | - | constructed vaults, provided the Connecticut credit union has 984 |
---|
1188 | | - | adequate insurance coverage for losses related to such rental; 985 |
---|
1189 | | - | (13) Provide certification services, including notary services, 986 |
---|
1190 | | - | signature guaranties, certification of electronic signatures and share 987 |
---|
1191 | | - | draft certifications; 988 |
---|
1192 | | - | (14) Act as agent (A) in the collection of taxes for any qualified 989 |
---|
1193 | | - | treasurer of any taxing district or qualified collector of taxes, or (B) for 990 |
---|
1194 | | - | any electric distribution, gas, water or telephone company operating 991 |
---|
1195 | | - | within this state in receiving moneys due such company for utility 992 Substitute Bill No. 1138 |
---|
| 1150 | + | LCO No. 7328 32 of 39 |
---|
| 1151 | + | |
---|
| 1152 | + | vehicle; 944 |
---|
| 1153 | + | (iv) For calendar months commencing on or after July 1, 2020, but 945 |
---|
| 1154 | + | prior to July 1, 2021, the commissioner shall deposit into the Special 946 |
---|
| 1155 | + | Transportation Fund established under section 13b-68 fifty-six per cent 947 |
---|
| 1156 | + | of the amounts received by the state from the tax imposed under 948 |
---|
| 1157 | + | subparagraphs (A) and (H) of this subdivision on the sale of a motor 949 |
---|
| 1158 | + | vehicle; 950 |
---|
| 1159 | + | (v) For calendar months commencing on or after July 1, 2021, but 951 |
---|
| 1160 | + | prior to July 1, 2022, the commissioner shall deposit into the Special 952 |
---|
| 1161 | + | Transportation Fund established under section 13b-68 seventy-five per 953 |
---|
| 1162 | + | cent of the amounts received by the state from the tax imposed under 954 |
---|
| 1163 | + | subparagraphs (A) and (H) of this subdivision on the sale of a motor 955 |
---|
| 1164 | + | vehicle; and 956 |
---|
| 1165 | + | (vi) For calendar months commencing on or after July 1, 2022, the 957 |
---|
| 1166 | + | commissioner shall deposit into the Special Transportation Fund 958 |
---|
| 1167 | + | established under section 13b-68 one hundred per cent of the amounts 959 |
---|
| 1168 | + | received by the state from the tax imposed under subparagraphs (A) 960 |
---|
| 1169 | + | and (H) of this subdivision on the sale of a motor vehicle; and 961 |
---|
| 1170 | + | (M) For calendar quarters ending on or after the initial deposit of the 962 |
---|
| 1171 | + | tax on the sale of cannabis and cannabis products, as both terms are 963 |
---|
| 1172 | + | defined in section 6 of this act, the commissioner shall deposit into the 964 |
---|
| 1173 | + | Community Development Corporation Trust Fund established under 965 |
---|
| 1174 | + | section 4 of this act one hundred per cent of the amounts received by 966 |
---|
| 1175 | + | the state from the tax imposed under this section. 967 |
---|
| 1176 | + | Sec. 9. Section 36a-455a of the general statutes is repealed and the 968 |
---|
| 1177 | + | following is substituted in lieu thereof (Effective from passage): 969 |
---|
| 1178 | + | A Connecticut credit union may: 970 |
---|
| 1179 | + | (1) Transact a general credit union business and exercise by its 971 |
---|
| 1180 | + | governing board or duly authorized members of senior management, 972 |
---|
| 1181 | + | Raised Bill No. 1138 |
---|
1202 | | - | services furnished by it; 993 |
---|
1203 | | - | (15) Issue and sell securities which (A) are guaranteed by the 994 |
---|
1204 | | - | Federal National Mortgage Association or any other agency or 995 |
---|
1205 | | - | instrumentality authorized by state or federal law to create a 996 |
---|
1206 | | - | secondary market with respect to extensions of credit of the type 997 |
---|
1207 | | - | originated by the Connecticut credit union, or (B) subject to the 998 |
---|
1208 | | - | approval of the commissioner, relate to extensions of credit originated 999 |
---|
1209 | | - | by the Connecticut credit union and are guaranteed or insured by a 1000 |
---|
1210 | | - | financial guaranty insurance company or comparable private entity; 1001 |
---|
1211 | | - | (16) Establish a charitable fund, either in the form of a charitable 1002 |
---|
1212 | | - | trust or a nonprofit corporation to assist in making charitable 1003 |
---|
1213 | | - | contributions, provided (A) the trust or nonprofit corporation is 1004 |
---|
1214 | | - | exempt from federal income taxation and may accept charitable 1005 |
---|
1215 | | - | contributions under Section 501 of the Internal Revenue Code of 1986, 1006 |
---|
1216 | | - | or any subsequent corresponding internal revenue code of the United 1007 |
---|
1217 | | - | States, as from time to time amended, (B) the trust or nonprofit 1008 |
---|
1218 | | - | corporation's operations are disclosed fully to the commissioner upon 1009 |
---|
1219 | | - | request, and (C) the trust department of the credit union or one or 1010 |
---|
1220 | | - | more directors or members of senior management of the credit union 1011 |
---|
1221 | | - | act as trustees or directors of the fund; 1012 |
---|
1222 | | - | (17) In the discretion of a majority of its governing board, make 1013 |
---|
1223 | | - | contributions or gifts to or for the use of any corporation, trust or 1014 |
---|
1224 | | - | community chest, fund or foundation created or organized under the 1015 |
---|
1225 | | - | laws of the United States or of this state and organized and operated 1016 |
---|
1226 | | - | exclusively for charitable, educational or public welfare purposes, or of 1017 |
---|
1227 | | - | any hospital which is located in this state and which is exempt from 1018 |
---|
1228 | | - | federal income taxes and to which contributions are deductible under 1019 |
---|
1229 | | - | Section 501(c) of the Internal Revenue Code of 1986, or any subsequent 1020 |
---|
1230 | | - | corresponding internal revenue code of the United States, as from time 1021 |
---|
1231 | | - | to time amended; 1022 |
---|
1232 | | - | (18) Subject to the provisions of section 36a-455b, sell, pledge or 1023 |
---|
1233 | | - | assign any or all of its outstanding extensions of credit to any other 1024 Substitute Bill No. 1138 |
---|
| 1185 | + | LCO No. 7328 33 of 39 |
---|
| 1186 | + | |
---|
| 1187 | + | subject to applicable law, all such incidental powers as are consistent 973 |
---|
| 1188 | + | with its purposes. The express powers authorized for a Connecticut 974 |
---|
| 1189 | + | credit union under this section do not preclude the existence of 975 |
---|
| 1190 | + | additional powers deemed to be incidental to the transaction of a 976 |
---|
| 1191 | + | general credit union business pursuant to this subdivision; 977 |
---|
| 1192 | + | (2) (A) Issue shares to its members and receive payments on shares 978 |
---|
| 1193 | + | from its members and from those nonmembers specified in subsection 979 |
---|
| 1194 | + | (e) of section 36a-456a, subject to the provisions of sections 36a-290 to 980 |
---|
| 1195 | + | 36a-297, inclusive, 36a-330 to 36a-338, inclusive, and 36a-456a, (B) 981 |
---|
| 1196 | + | receive deposits of members and nonmembers subject to provisions of 982 |
---|
| 1197 | + | sections 36a-456a and 36a-456b, (C) reduce the amount of its member 983 |
---|
| 1198 | + | and nonmember shares and deposits, (D) expel members and cancel 984 |
---|
| 1199 | + | shares in accordance with section 36a-439a, and (E) provide check 985 |
---|
| 1200 | + | cashing and wire and electronic transfer services to nonmembers who 986 |
---|
| 1201 | + | are within such credit union's field of membership; 987 |
---|
| 1202 | + | (3) Make and use its best efforts to make secured and unsecured 988 |
---|
| 1203 | + | loans and other extensions of credit to its members in accordance with 989 |
---|
| 1204 | + | section 36a-265 and sections 36a-457a, 36a-457b and 36a-458a; 990 |
---|
| 1205 | + | (4) Invest its funds in accordance with section 36a-459a; 991 |
---|
| 1206 | + | (5) Declare and pay dividends in accordance with sections 36a-441a 992 |
---|
| 1207 | + | and 36a-456c, and pay interest refunds to borrowers; 993 |
---|
| 1208 | + | (6) Act as a finder or agent for the sale of insurance and fixed and 994 |
---|
| 1209 | + | variable rate annuities directly, sell insurance and such annuities 995 |
---|
| 1210 | + | indirectly through a Connecticut credit union service organization, or 996 |
---|
| 1211 | + | enter into arrangements with third-party marketing organizations for 997 |
---|
| 1212 | + | the sale by such third-party marketing organizations of insurance or 998 |
---|
| 1213 | + | such annuities on the premises of the Connecticut credit union or to 999 |
---|
| 1214 | + | members of the Connecticut credit union, provided: (A) Such 1000 |
---|
| 1215 | + | insurance and annuities are issued or purchased by or from an 1001 |
---|
| 1216 | + | insurance company licensed in accordance with section 38a-41; and (B) 1002 |
---|
| 1217 | + | the Connecticut credit union, Connecticut credit union service 1003 |
---|
| 1218 | + | Raised Bill No. 1138 |
---|
1240 | | - | lending institution, credit union service organization or quasi-1025 |
---|
1241 | | - | governmental entity and any government-sponsored enterprise, and 1026 |
---|
1242 | | - | act as collecting, remitting and servicing agent in connection with any 1027 |
---|
1243 | | - | such extension of credit and charge for its acts as agent. Any such 1028 |
---|
1244 | | - | credit union may purchase the minimum amount of capital stock of 1029 |
---|
1245 | | - | such entity or enterprise if required by that entity or enterprise to be 1030 |
---|
1246 | | - | purchased in connection with the sale, pledge or assignment of 1031 |
---|
1247 | | - | extensions of credit to that entity or enterprise and may hold and 1032 |
---|
1248 | | - | dispose of such stock, provided that with respect to purchases of stock 1033 |
---|
1249 | | - | of a credit union service organization, the Connecticut credit union 1034 |
---|
1250 | | - | shall not exceed the limitations of section 36a-459a. A Connecticut 1035 |
---|
1251 | | - | credit union may purchase one or more outstanding extensions of 1036 |
---|
1252 | | - | credit from any other lending institution and any federally-recognized 1037 |
---|
1253 | | - | Native American tribe, provided there exists a formal written 1038 |
---|
1254 | | - | agreement with tribal government to permit the credit union to service 1039 |
---|
1255 | | - | and collect on such extensions of credit; 1040 |
---|
1256 | | - | (19) Subject to the provisions of section 36a-455b, sell a participating 1041 |
---|
1257 | | - | interest in any or all of its outstanding extensions of credit to and 1042 |
---|
1258 | | - | purchase a participating interest in any or all of the outstanding 1043 |
---|
1259 | | - | extensions of credit of any financial institution or credit union service 1044 |
---|
1260 | | - | organization pursuant to an appropriate written participation and 1045 |
---|
1261 | | - | servicing agreement to be signed by all parties involved in such 1046 |
---|
1262 | | - | transaction; 1047 |
---|
1263 | | - | (20) With the approval of the commissioner, join the Federal Home 1048 |
---|
1264 | | - | Loan Bank System and borrow funds as provided under federal law; 1049 |
---|
1265 | | - | (21) Subject to the provisions of section 36a-455b, sell all or part of 1050 |
---|
1266 | | - | its assets, other than extensions of credit, to other lending institutions, 1051 |
---|
1267 | | - | purchase all or part of the assets, other than extensions of credit, of 1052 |
---|
1268 | | - | other lending institutions, and assume all or part of the shares and the 1053 |
---|
1269 | | - | liabilities of any other credit union or out-of-state credit union; 1054 |
---|
1270 | | - | (22) With the prior written approval of the commissioner, engage in 1055 |
---|
1271 | | - | closely related activities, unless the commissioner determines that any 1056 Substitute Bill No. 1138 |
---|
| 1222 | + | LCO No. 7328 34 of 39 |
---|
| 1223 | + | |
---|
| 1224 | + | organization or third-party marketing organization, and any officer 1004 |
---|
| 1225 | + | and employee thereof, shall be licensed as required by section 38a-769 1005 |
---|
| 1226 | + | before engaging in any of the activities authorized by this subdivision. 1006 |
---|
| 1227 | + | As used in this subdivision, "annuities" and "insurance" have the same 1007 |
---|
| 1228 | + | meanings as set forth in section 38a-41, except that "insurance" does 1008 |
---|
| 1229 | + | not include title insurance. The provisions of this subdivision do not 1009 |
---|
| 1230 | + | authorize a Connecticut credit union or Connecticut credit union 1010 |
---|
| 1231 | + | service organization to underwrite insurance or annuities; 1011 |
---|
| 1232 | + | (7) Borrow money to an amount not exceeding fifty per cent of the 1012 |
---|
| 1233 | + | total assets of the Connecticut credit union provided the credit union 1013 |
---|
| 1234 | + | shall give prior notice to the commissioner in writing of its intention to 1014 |
---|
| 1235 | + | borrow amounts in excess of thirty-five per cent of its total assets; 1015 |
---|
| 1236 | + | (8) Act as fiscal agent for the federal government, this state or any 1016 |
---|
| 1237 | + | agency or political subdivision thereof; 1017 |
---|
| 1238 | + | (9) Provide loan processing, loan servicing, member check and 1018 |
---|
| 1239 | + | money order cashing services, disbursement of share withdrawals and 1019 |
---|
| 1240 | + | loan proceeds, money orders, internal audits, automated teller 1020 |
---|
| 1241 | + | machine services, ACH and wire transfer services, prepaid debit cards, 1021 |
---|
| 1242 | + | payroll cards, digital wallet services, coin and currency services, 1022 |
---|
| 1243 | + | remote deposit capture services, electronic banking and other similar 1023 |
---|
| 1244 | + | services to other Connecticut credit unions, federal credit unions, 1024 |
---|
| 1245 | + | federally insured financial institutions and out-of-state credit unions; 1025 |
---|
| 1246 | + | (10) Provide finder services to its members, including the offering of 1026 |
---|
| 1247 | + | third party products and services through the sale of advertising space 1027 |
---|
| 1248 | + | on its web site, account statements and receipts, and the sale of 1028 |
---|
| 1249 | + | statistical or consumer financial information to outside vendors in 1029 |
---|
| 1250 | + | accordance with sections 36a-40 to 36a-45, inclusive, in order to 1030 |
---|
| 1251 | + | facilitate the sale of such products to the members of such Connecticut 1031 |
---|
| 1252 | + | credit union; 1032 |
---|
| 1253 | + | (11) With the prior approval of the commissioner, exercise fiduciary 1033 |
---|
| 1254 | + | powers; 1034 |
---|
| 1255 | + | Raised Bill No. 1138 |
---|
1278 | | - | such activity shall be conducted by a credit union service organization 1057 |
---|
1279 | | - | of the Connecticut credit union, utilizing such organizational, 1058 |
---|
1280 | | - | structural or other safeguards as the commissioner may require, in 1059 |
---|
1281 | | - | order to protect the Connecticut credit union from exposure to loss. As 1060 |
---|
1282 | | - | used in this subdivision, "closely related activities" means those 1061 |
---|
1283 | | - | activities that are closely related, convenient and necessary to the 1062 |
---|
1284 | | - | business of a Connecticut credit union, are reasonably related to the 1063 |
---|
1285 | | - | operation of a Connecticut credit union or are financial in nature 1064 |
---|
1286 | | - | including, but not limited to, business and professional services, data 1065 |
---|
1287 | | - | processing, courier and messenger services, credit-related activities, 1066 |
---|
1288 | | - | consumer services, services related to real estate, financial consulting, 1067 |
---|
1289 | | - | tax planning and preparation, community development activities, or 1068 |
---|
1290 | | - | any activities reasonably related to such activities; 1069 |
---|
1291 | | - | (23) Engage in any activity that a federal credit union or out-of-state 1070 |
---|
1292 | | - | credit union may be authorized to engage in under state or federal law, 1071 |
---|
1293 | | - | provided the Connecticut credit union file with the commissioner prior 1072 |
---|
1294 | | - | written notice of its intention to engage in such activity. Such notice 1073 |
---|
1295 | | - | shall include a description of the activity, a description of the financial 1074 |
---|
1296 | | - | impact of the activity on the Connecticut credit union, citation of the 1075 |
---|
1297 | | - | legal authority to engage in the activity under state or federal law, a 1076 |
---|
1298 | | - | description of any limitations or restrictions imposed on such activity 1077 |
---|
1299 | | - | under state or federal law, and any other information that the 1078 |
---|
1300 | | - | commissioner may require. The Connecticut credit union may engage 1079 |
---|
1301 | | - | in any such activity unless the commissioner disapproves such activity 1080 |
---|
1302 | | - | not later than thirty days after the notice is filed. The commissioner 1081 |
---|
1303 | | - | may adopt regulations in accordance with chapter 54 to ensure that 1082 |
---|
1304 | | - | any such activity is conducted in a safe and sound manner with 1083 |
---|
1305 | | - | adequate consumer protections. The provisions of this subdivision do 1084 |
---|
1306 | | - | not authorize a Connecticut credit union or a Connecticut credit union 1085 |
---|
1307 | | - | service organization to sell title insurance; [.] 1086 |
---|
1308 | | - | (24) (A) Partner with a community development corporation, as 1087 |
---|
1309 | | - | described in section 1 of this act, and be designated as a community 1088 |
---|
1310 | | - | development credit union in accordance with the provisions of section 1089 Substitute Bill No. 1138 |
---|
| 1259 | + | LCO No. 7328 35 of 39 |
---|
| 1260 | + | |
---|
| 1261 | + | (12) Maintain and rent safe deposit boxes within suitably 1035 |
---|
| 1262 | + | constructed vaults, provided the Connecticut credit union has 1036 |
---|
| 1263 | + | adequate insurance coverage for losses related to such rental; 1037 |
---|
| 1264 | + | (13) Provide certification services, including notary services, 1038 |
---|
| 1265 | + | signature guaranties, certification of electronic signatures and share 1039 |
---|
| 1266 | + | draft certifications; 1040 |
---|
| 1267 | + | (14) Act as agent (A) in the collection of taxes for any qualified 1041 |
---|
| 1268 | + | treasurer of any taxing district or qualified collector of taxes, or (B) for 1042 |
---|
| 1269 | + | any electric distribution, gas, water or telephone company operating 1043 |
---|
| 1270 | + | within this state in receiving moneys due such company for utility 1044 |
---|
| 1271 | + | services furnished by it; 1045 |
---|
| 1272 | + | (15) Issue and sell securities which (A) are guaranteed by the 1046 |
---|
| 1273 | + | Federal National Mortgage Association or any other agency or 1047 |
---|
| 1274 | + | instrumentality authorized by state or federal law to create a 1048 |
---|
| 1275 | + | secondary market with respect to extensions of credit of the type 1049 |
---|
| 1276 | + | originated by the Connecticut credit union, or (B) subject to the 1050 |
---|
| 1277 | + | approval of the commissioner, relate to extensions of credit originated 1051 |
---|
| 1278 | + | by the Connecticut credit union and are guaranteed or insured by a 1052 |
---|
| 1279 | + | financial guaranty insurance company or comparable private entity; 1053 |
---|
| 1280 | + | (16) Establish a charitable fund, either in the form of a charitable 1054 |
---|
| 1281 | + | trust or a nonprofit corporation to assist in making charitable 1055 |
---|
| 1282 | + | contributions, provided (A) the trust or nonprofit corporation is 1056 |
---|
| 1283 | + | exempt from federal income taxation and may accept charitable 1057 |
---|
| 1284 | + | contributions under Section 501 of the Internal Revenue Code of 1986, 1058 |
---|
| 1285 | + | or any subsequent corresponding internal revenue code of the United 1059 |
---|
| 1286 | + | States, as from time to time amended, (B) the trust or nonprofit 1060 |
---|
| 1287 | + | corporation's operations are disclosed fully to the commissioner upon 1061 |
---|
| 1288 | + | request, and (C) the trust department of the credit union or one or 1062 |
---|
| 1289 | + | more directors or members of senior management of the credit union 1063 |
---|
| 1290 | + | act as trustees or directors of the fund; 1064 |
---|
| 1291 | + | (17) In the discretion of a majority of its governing board, make 1065 |
---|
| 1292 | + | Raised Bill No. 1138 |
---|
1317 | | - | 2 of this act, (B) if so designated, engage in any activity authorized for 1090 |
---|
1318 | | - | a community development credit union under sections 1 and 2 of this 1091 |
---|
1319 | | - | act, and (C) issue social impact bonds in accordance with subdivision 1092 |
---|
1320 | | - | (5) of subsection (c) of section 2 of this act. 1093 |
---|
| 1296 | + | LCO No. 7328 36 of 39 |
---|
| 1297 | + | |
---|
| 1298 | + | contributions or gifts to or for the use of any corporation, trust or 1066 |
---|
| 1299 | + | community chest, fund or foundation created or organized under the 1067 |
---|
| 1300 | + | laws of the United States or of this state and organized and operated 1068 |
---|
| 1301 | + | exclusively for charitable, educational or public welfare purposes, or of 1069 |
---|
| 1302 | + | any hospital which is located in this state and which is exempt from 1070 |
---|
| 1303 | + | federal income taxes and to which contributions are deductible under 1071 |
---|
| 1304 | + | Section 501(c) of the Internal Revenue Code of 1986, or any subsequent 1072 |
---|
| 1305 | + | corresponding internal revenue code of the United States, as from time 1073 |
---|
| 1306 | + | to time amended; 1074 |
---|
| 1307 | + | (18) Subject to the provisions of section 36a-455b, sell, pledge or 1075 |
---|
| 1308 | + | assign any or all of its outstanding extensions of credit to any other 1076 |
---|
| 1309 | + | lending institution, credit union service organization or quasi-1077 |
---|
| 1310 | + | governmental entity and any government-sponsored enterprise, and 1078 |
---|
| 1311 | + | act as collecting, remitting and servicing agent in connection with any 1079 |
---|
| 1312 | + | such extension of credit and charge for its acts as agent. Any such 1080 |
---|
| 1313 | + | credit union may purchase the minimum amount of capital stock of 1081 |
---|
| 1314 | + | such entity or enterprise if required by that entity or enterprise to be 1082 |
---|
| 1315 | + | purchased in connection with the sale, pledge or assignment of 1083 |
---|
| 1316 | + | extensions of credit to that entity or enterprise and may hold and 1084 |
---|
| 1317 | + | dispose of such stock, provided that with respect to purchases of stock 1085 |
---|
| 1318 | + | of a credit union service organization, the Connecticut credit union 1086 |
---|
| 1319 | + | shall not exceed the limitations of section 36a-459a. A Connecticut 1087 |
---|
| 1320 | + | credit union may purchase one or more outstanding extensions of 1088 |
---|
| 1321 | + | credit from any other lending institution and any federally-recognized 1089 |
---|
| 1322 | + | Native American tribe, provided there exists a formal written 1090 |
---|
| 1323 | + | agreement with tribal government to permit the credit union to service 1091 |
---|
| 1324 | + | and collect on such extensions of credit; 1092 |
---|
| 1325 | + | (19) Subject to the provisions of section 36a-455b, sell a participating 1093 |
---|
| 1326 | + | interest in any or all of its outstanding extensions of credit to and 1094 |
---|
| 1327 | + | purchase a participating interest in any or all of the outstanding 1095 |
---|
| 1328 | + | extensions of credit of any financial institution or credit union service 1096 |
---|
| 1329 | + | organization pursuant to an appropriate written participation and 1097 |
---|
| 1330 | + | servicing agreement to be signed by all parties involved in such 1098 |
---|
| 1331 | + | Raised Bill No. 1138 |
---|
| 1332 | + | |
---|
| 1333 | + | |
---|
| 1334 | + | |
---|
| 1335 | + | LCO No. 7328 37 of 39 |
---|
| 1336 | + | |
---|
| 1337 | + | transaction; 1099 |
---|
| 1338 | + | (20) With the approval of the commissioner, join the Federal Home 1100 |
---|
| 1339 | + | Loan Bank System and borrow funds as provided under federal law; 1101 |
---|
| 1340 | + | (21) Subject to the provisions of section 36a-455b, sell all or part of 1102 |
---|
| 1341 | + | its assets, other than extensions of credit, to other lending institutions, 1103 |
---|
| 1342 | + | purchase all or part of the assets, other than extensions of credit, of 1104 |
---|
| 1343 | + | other lending institutions, and assume all or part of the shares and the 1105 |
---|
| 1344 | + | liabilities of any other credit union or out-of-state credit union; 1106 |
---|
| 1345 | + | (22) With the prior written approval of the commissioner, engage in 1107 |
---|
| 1346 | + | closely related activities, unless the commissioner determines that any 1108 |
---|
| 1347 | + | such activity shall be conducted by a credit union service organization 1109 |
---|
| 1348 | + | of the Connecticut credit union, utilizing such organizational, 1110 |
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| 1349 | + | structural or other safeguards as the commissioner may require, in 1111 |
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| 1350 | + | order to protect the Connecticut credit union from exposure to loss. As 1112 |
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| 1351 | + | used in this subdivision, "closely related activities" means those 1113 |
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| 1352 | + | activities that are closely related, convenient and necessary to the 1114 |
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| 1353 | + | business of a Connecticut credit union, are reasonably related to the 1115 |
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| 1354 | + | operation of a Connecticut credit union or are financial in nature 1116 |
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| 1355 | + | including, but not limited to, business and professional services, data 1117 |
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| 1356 | + | processing, courier and messenger services, credit-related activities, 1118 |
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| 1357 | + | consumer services, services related to real estate, financial consulting, 1119 |
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| 1358 | + | tax planning and preparation, community development activities, or 1120 |
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| 1359 | + | any activities reasonably related to such activities; 1121 |
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| 1360 | + | (23) Engage in any activity that a federal credit union or out-of-state 1122 |
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| 1361 | + | credit union may be authorized to engage in under state or federal law, 1123 |
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| 1362 | + | provided the Connecticut credit union file with the commissioner prior 1124 |
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| 1363 | + | written notice of its intention to engage in such activity. Such notice 1125 |
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| 1364 | + | shall include a description of the activity, a description of the financial 1126 |
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| 1365 | + | impact of the activity on the Connecticut credit union, citation of the 1127 |
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| 1366 | + | legal authority to engage in the activity under state or federal law, a 1128 |
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| 1367 | + | description of any limitations or restrictions imposed on such activity 1129 |
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| 1368 | + | Raised Bill No. 1138 |
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| 1369 | + | |
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| 1370 | + | |
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| 1371 | + | |
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| 1372 | + | LCO No. 7328 38 of 39 |
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| 1373 | + | |
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| 1374 | + | under state or federal law, and any other information that the 1130 |
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| 1375 | + | commissioner may require. The Connecticut credit union may engage 1131 |
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| 1376 | + | in any such activity unless the commissioner disapproves such activity 1132 |
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| 1377 | + | not later than thirty days after the notice is filed. The commissioner 1133 |
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| 1378 | + | may adopt regulations in accordance with chapter 54 to ensure that 1134 |
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| 1379 | + | any such activity is conducted in a safe and sound manner with 1135 |
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| 1380 | + | adequate consumer protections. The provisions of this subdivision do 1136 |
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| 1381 | + | not authorize a Connecticut credit union or a Connecticut credit union 1137 |
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| 1382 | + | service organization to sell title insurance; 1138 |
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| 1383 | + | (24) (A) Partner with a community development corporation, as 1139 |
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| 1384 | + | described in section 1 of this act, and be designated as a community 1140 |
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| 1385 | + | development credit union in accordance with the provisions of section 1141 |
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| 1386 | + | 2 of this act, (B) if so designated, engage in any activity authorized for 1142 |
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| 1387 | + | a community development credit union under sections 1 and 2 of this 1143 |
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| 1388 | + | act, and (C) issue social impact bonds in accordance with subdivision 1144 |
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| 1389 | + | (5) of subsection (c) of section 2 of this act. 1145 |
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