Connecticut 2019 Regular Session

Connecticut Senate Bill SB01138 Compare Versions

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7-General Assembly Substitute Bill No. 1138
5+General Assembly Raised Bill No. 1138
86 January Session, 2019
7+LCO No. 7328
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109
10+Referred to Committee on FINANCE, REVENUE AND
11+BONDING
12+
13+
14+Introduced by:
15+(FIN)
1116
1217
1318
1419 AN ACT CONCERNING CO MMUNITY RESTORATION FUNDS.
1520 Be it enacted by the Senate and House of Representatives in General
1621 Assembly convened:
1722
1823 Section 1. (NEW) (Effective from passage) (a) There are established 1
1924 community development corporations, which shall use the revenue 2
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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715702
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
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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
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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
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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
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865851
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
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904888
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
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941925
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
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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
1011998
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10161000
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
10491035
10501036
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1052-R01-SB.docx }
1053-29 of 36
10541037
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
10861071
10871072
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1090-30 of 36
10911073
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
11231110
11241111
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1127-31 of 36
11281112
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
11601147
11611148
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1164-32 of 36
11651149
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
11961182
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1200-33 of 36
12011184
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
12341219
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1238-34 of 36
12391221
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
12721256
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12771258
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
13111293
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1315-36 of 36
13161295
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
1349+structural or other safeguards as the commissioner may require, in 1111
1350+order to protect the Connecticut credit union from exposure to loss. As 1112
1351+used in this subdivision, "closely related activities" means those 1113
1352+activities that are closely related, convenient and necessary to the 1114
1353+business of a Connecticut credit union, are reasonably related to the 1115
1354+operation of a Connecticut credit union or are financial in nature 1116
1355+including, but not limited to, business and professional services, data 1117
1356+processing, courier and messenger services, credit-related activities, 1118
1357+consumer services, services related to real estate, financial consulting, 1119
1358+tax planning and preparation, community development activities, or 1120
1359+any activities reasonably related to such activities; 1121
1360+(23) Engage in any activity that a federal credit union or out-of-state 1122
1361+credit union may be authorized to engage in under state or federal law, 1123
1362+provided the Connecticut credit union file with the commissioner prior 1124
1363+written notice of its intention to engage in such activity. Such notice 1125
1364+shall include a description of the activity, a description of the financial 1126
1365+impact of the activity on the Connecticut credit union, citation of the 1127
1366+legal authority to engage in the activity under state or federal law, a 1128
1367+description of any limitations or restrictions imposed on such activity 1129
1368+Raised Bill No. 1138
1369+
1370+
1371+
1372+LCO No. 7328 38 of 39
1373+
1374+under state or federal law, and any other information that the 1130
1375+commissioner may require. The Connecticut credit union may engage 1131
1376+in any such activity unless the commissioner disapproves such activity 1132
1377+not later than thirty days after the notice is filed. The commissioner 1133
1378+may adopt regulations in accordance with chapter 54 to ensure that 1134
1379+any such activity is conducted in a safe and sound manner with 1135
1380+adequate consumer protections. The provisions of this subdivision do 1136
1381+not authorize a Connecticut credit union or a Connecticut credit union 1137
1382+service organization to sell title insurance; 1138
1383+(24) (A) Partner with a community development corporation, as 1139
1384+described in section 1 of this act, and be designated as a community 1140
1385+development credit union in accordance with the provisions of section 1141
1386+2 of this act, (B) if so designated, engage in any activity authorized for 1142
1387+a community development credit union under sections 1 and 2 of this 1143
1388+act, and (C) issue social impact bonds in accordance with subdivision 1144
1389+(5) of subsection (c) of section 2 of this act. 1145
13211390 This act shall take effect as follows and shall amend the following
13221391 sections:
13231392
13241393 Section 1 from passage New section
13251394 Sec. 2 from passage New section
13261395 Sec. 3 from passage New section
13271396 Sec. 4 from passage New section
13281397 Sec. 5 from passage New section
13291398 Sec. 6 from passage New section
13301399 Sec. 7 from passage New section
13311400 Sec. 8 from passage 12-408(1)
13321401 Sec. 9 from passage 36a-455a
13331402
1334-Statement of Legislative Commissioners:
1335-In Section 1, in Subsec. (a), a reference to section 12-408 of the general
1336-statutes was changed to a reference to the tax collected pursuant to
1337-Section 7(b) for accuracy, and in Subsec. (c)(1), Subparas. (C) and (D)
1338-were rewritten for accuracy; in Section 3(b)(1), ", but not later than
1339-August 31, 2019" was added for clarity; in Section 7(b)(1), ", and shall
1340-be administered in the same manner as the tax under said section" was
1341-added for clarity; and in Section 8(1)(M), the sentence was rewritten for
1342-accuracy.
1403+Statement of Purpose:
1404+To implement certain community restoration and revitalization efforts
1405+through community development corporations, community
1406+development credit unions and community impact zones, using tax
1407+revenue from the sale of cannabis and cannabis products and deposits
1408+in lieu of taxes.
13431409
1344-FIN Joint Favorable Subst.
1410+Raised Bill No. 1138
1411+
1412+
1413+
1414+LCO No. 7328 39 of 39
1415+
1416+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
1417+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
1418+not underlined.]
13451419