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3 | 3 | | LCO No. 2114 1 of 47 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 5320 |
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6 | 6 | | February Session, 2020 |
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7 | 7 | | LCO No. 2114 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on PUBLIC SAFETY AND SECURITY |
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11 | 11 | | |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (PS) |
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15 | 15 | | |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | AN ACT CONCERNING OP ERATION OF THE LOTTE RY BY THE |
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20 | 20 | | DEPARTMENT OF CONSUM ER PROTECTION. |
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21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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22 | 22 | | Assembly convened: |
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23 | 23 | | |
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24 | 24 | | Section 1. (NEW) (Effective January 1, 2021) (a) The Department of 1 |
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25 | 25 | | Consumer Protection shall constitute a successor agency, in accordance 2 |
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26 | 26 | | with the provisions of sections 4-38d and 4-39 of the general statutes, to 3 |
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27 | 27 | | the Connecticut Lottery Corporation, as if the corporation were an 4 |
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28 | 28 | | agency, with respect to all functions, powers and duties of the 5 |
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29 | 29 | | corporation transferred to the department under this section, 6 |
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30 | 30 | | subdivision (12) of section 1-79, sections 1-120, 1-121 and 1-125, 7 |
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31 | 31 | | subsection (d) of section 4-66k, subsection (f) of section 5-263b, sections 8 |
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32 | 32 | | 10-183vv, 12-568a and 12-569, subsection (g) of section 12-707, 9 |
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33 | 33 | | subsection (b) of section 12-711, sections 12-801, 12-803, 12-806, 12-806c, 10 |
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34 | 34 | | 12-806d, 12-807, 12-808, 12-810 and 12-812, subsection (a) of section 12-11 |
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35 | 35 | | 813, sections 12-814, 12-815a, 12-817, 12-818, 12-829, sections 12-831 to 12 |
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36 | 36 | | 12-834, inclusive, subsection (b) of section 17a-713, subsection (c) of 13 |
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37 | 37 | | section 52-362d and section 52-367c of the general statutes, as amended 14 |
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38 | 38 | | by this act. 15 Raised Bill No. 5320 |
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39 | 39 | | |
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40 | 40 | | |
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41 | 41 | | |
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42 | 42 | | LCO No. 2114 2 of 47 |
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43 | 43 | | |
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44 | 44 | | (b) (1) The department shall transfer employee classifications of the 16 |
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45 | 45 | | corporation to classifications in state service. The department shall 17 |
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46 | 46 | | recognize collective bargaining agreements existing between 18 |
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47 | 47 | | corporation employees and the corporation on December 31, 2020. 19 |
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48 | 48 | | (2) The lottery fund, as defined in subparagraph (A) of subdivision 20 |
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49 | 49 | | (6) of section 12-801 of the general statutes, as amended by this act, of 21 |
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50 | 50 | | the Connecticut Lottery Corporation, and all moneys contained in it, on 22 |
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51 | 51 | | December 31, 2020, shall become the lottery fund, as defined in 23 |
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52 | 52 | | subparagraph (B) of subdivision (6) of section 12-801 of the general 24 |
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53 | 53 | | statutes, as amended by this act, of the department on January 1, 2021. 25 |
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54 | 54 | | (c) The Legislative Commissioners' Office shall, in codifying the 26 |
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55 | 55 | | provisions of this section, subdivision (12) of section 1-79, sections 1-120, 27 |
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56 | 56 | | 1-121 and 1-125, subsection (d) of section 4-66k, subsection (f) of section 28 |
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57 | 57 | | 5-263b, sections 10-183vv, 12-568a and 12-569, subsection (g) of section 29 |
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58 | 58 | | 12-707, subsection (b) of section 12-711, sections 12-801, 12-803, 12-806, 30 |
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59 | 59 | | 12-806c, 12-806d, 12-807, 12-808, 12-810 and 12-812, subsection (a) of 31 |
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60 | 60 | | section 12-813, sections 12-814, 12-815a, 12-817, 12-818, 12-829, sections 32 |
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61 | 61 | | 12-831 to 12-834, inclusive, subsection (b) of section 17a-713, subsection 33 |
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62 | 62 | | (c) of section 52-362d, and section 52-367c of the general statutes, as 34 |
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63 | 63 | | amended by this act, make such technical, grammatical and punctuation 35 |
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64 | 64 | | changes as are necessary to carry out the purposes of this section. 36 |
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65 | 65 | | Sec. 2. Section 12-801 of the 2020 supplement to the general statutes 37 |
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66 | 66 | | is repealed and the following is substituted in lieu thereof (Effective 38 |
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67 | 67 | | January 1, 2021): 39 |
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68 | 68 | | As used in section 12-563a and sections [12-800] 12-801 to 12-818, 40 |
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69 | 69 | | inclusive, as amended by this act, the following terms shall have the 41 |
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70 | 70 | | following meanings unless the context clearly indicates another 42 |
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71 | 71 | | meaning: 43 |
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72 | 72 | | [(1) "Board" or "board of directors" means the board of directors of 44 |
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73 | 73 | | the corporation; 45 |
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74 | 74 | | (2) "Corporation" means the Connecticut Lottery Corporation as 46 Raised Bill No. 5320 |
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75 | 75 | | |
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76 | 76 | | |
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77 | 77 | | |
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78 | 78 | | LCO No. 2114 3 of 47 |
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79 | 79 | | |
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80 | 80 | | created under section 12-802;] 47 |
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81 | 81 | | (1) "Commissioner" means the Commissioner of Consumer 48 |
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82 | 82 | | Protection; 49 |
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83 | 83 | | (2) "Department" means the Department of Consumer Protection; 50 |
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84 | 84 | | (3) "Division" means the former Division of Special Revenue in the 51 |
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85 | 85 | | Department of Revenue Services; 52 |
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86 | 86 | | (4) "Lottery" means (A) the Connecticut state lottery conducted prior 53 |
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87 | 87 | | to the transfer authorized under section 12-808, as amended by this act, 54 |
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88 | 88 | | by the Division of Special Revenue, (B) after such transfer and prior to 55 |
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89 | 89 | | January 1, 2021, the Connecticut state lottery conducted by the 56 |
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90 | 90 | | [corporation pursuant to sections 12-563a and 12-800 to 12-818, 57 |
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91 | 91 | | inclusive, (C)] Connecticut Lottery Corporation, (C) the Connecticut 58 |
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92 | 92 | | state lottery conducted by the department on and after January 1, 2021, 59 |
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93 | 93 | | (D) the state lottery referred to in subsection (a) of section 53-278g, and 60 |
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94 | 94 | | [(D)] (E) keno conducted by the [corporation] department pursuant to 61 |
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95 | 95 | | section 12-806c, as amended by this act; 62 |
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96 | 96 | | (5) "Keno" means a lottery game in which a subset of numbers are 63 |
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97 | 97 | | drawn from a larger field of numbers by a central computer system 64 |
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98 | 98 | | using an approved random number generator, wheel system device or 65 |
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99 | 99 | | other drawing device. "Keno" does not include a game operated on a 66 |
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100 | 100 | | video facsimile machine; 67 |
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101 | 101 | | (6) "Lottery fund" means (A) prior to January 1, 2021, a fund or funds 68 |
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102 | 102 | | established by, and under the management and control of, the 69 |
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103 | 103 | | [corporation] Connecticut Lottery Corporation, into which all lottery 70 |
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104 | 104 | | revenues of the corporation are deposited, from which all payments and 71 |
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105 | 105 | | expenses of the corporation are paid and from which transfers to the 72 |
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106 | 106 | | General Fund or the Connecticut Teachers' Retirement Fund Bonds 73 |
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107 | 107 | | Special Capital Reserve Fund, established in section 10-183vv, as 74 |
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108 | 108 | | amended by this act, are made pursuant to section 12-812, as amended 75 |
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109 | 109 | | by this act, and (B) on and after January 1, 2021, the fund or funds 76 |
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110 | 110 | | described in subparagraph (A) of this subdivision transferred pursuant 77 Raised Bill No. 5320 |
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111 | 111 | | |
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112 | 112 | | |
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113 | 113 | | |
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114 | 114 | | LCO No. 2114 4 of 47 |
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115 | 115 | | |
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116 | 116 | | to section 1 of this act to the department on termination of the 78 |
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117 | 117 | | corporation under section 12-803, as amended by this act, which are 79 |
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118 | 118 | | under the management and control of the department, (i) into which all 80 |
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119 | 119 | | lottery revenues of the department are deposited, (ii) from which all 81 |
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120 | 120 | | payments and expenses of the department related to the operation of 82 |
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121 | 121 | | the lottery are paid, and (iii) from which transfers to the General Fund 83 |
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122 | 122 | | or the Connecticut Teachers' Retirement Fund Bonds Special Capital 84 |
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123 | 123 | | Reserve Fund, established in section 10-183vv, as amended by this act, 85 |
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124 | 124 | | are made pursuant to section 12-812, as amended by this act; and 86 |
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125 | 125 | | (7) "Operating revenue" means total revenue received from lottery 87 |
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126 | 126 | | sales less all cancelled sales and amounts paid as prizes but before 88 |
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127 | 127 | | payment or provision for payment of any other expenses. 89 |
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128 | 128 | | Sec. 3. Section 12-803 of the general statutes is repealed and the 90 |
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129 | 129 | | following is substituted in lieu thereof (Effective January 1, 2021): 91 |
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130 | 130 | | [The corporation shall have perpetual succession. Such succession 92 |
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131 | 131 | | shall continue until the existence of the corporation is terminated by 93 |
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132 | 132 | | law] The Connecticut Lottery Corporation shall terminate and cease to 94 |
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133 | 133 | | exist and all of its functions are transferred to the department on January 95 |
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134 | 134 | | 1, 2021, provided no such termination shall affect any outstanding 96 |
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135 | 135 | | contractual obligation of the corporation and the state shall succeed to 97 |
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136 | 136 | | the obligations of the corporation under any such contract. Upon 98 |
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137 | 137 | | termination of the corporation, its rights and properties shall pass to and 99 |
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138 | 138 | | be vested in the state. 100 |
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139 | 139 | | Sec. 4. Section 12-806 of the 2020 supplement to the general statutes 101 |
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140 | 140 | | is repealed and the following is substituted in lieu thereof (Effective 102 |
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141 | 141 | | January 1, 2021): 103 |
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142 | 142 | | (a) The [purposes of the corporation shall be to] department shall: (1) 104 |
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143 | 143 | | Operate and manage the lottery in an entrepreneurial and business-like 105 |
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144 | 144 | | manner; [free from the budgetary and other constraints that affect state 106 |
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145 | 145 | | agencies;] (2) provide continuing and increased revenue to the people 107 |
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146 | 146 | | of the state through the lottery by being responsive to market forces; 108 |
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147 | 147 | | [and acting generally as a corporation engaged in entrepreneurial 109 Raised Bill No. 5320 |
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148 | 148 | | |
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149 | 149 | | |
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150 | 150 | | |
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151 | 151 | | LCO No. 2114 5 of 47 |
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152 | 152 | | |
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153 | 153 | | pursuits;] (3) pay to the trustee of the Connecticut Teachers' Retirement 110 |
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154 | 154 | | Fund Bonds Special Capital Reserve Fund, established in section 10-111 |
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155 | 155 | | 183vv, as amended by this act, the amounts, if any, required pursuant 112 |
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156 | 156 | | to subsection (c) of section 12-812, as amended by this act; and (4) ensure 113 |
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157 | 157 | | that the lottery continues to be operated with integrity and for the public 114 |
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158 | 158 | | good. 115 |
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159 | 159 | | (b) The [corporation] department shall have the following powers: 116 |
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160 | 160 | | (1) To [receive as transferee from the state of Connecticut all of the 117 |
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161 | 161 | | tangible and intangible assets constituting the lottery including the 118 |
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162 | 162 | | exclusive right to] operate the lottery as the exclusive lottery of the state; 119 |
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163 | 163 | | [and, subject to subsection (b) of section 12-808, to assume and discharge 120 |
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164 | 164 | | all of the agreements, covenants and obligations of the Department of 121 |
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165 | 165 | | Consumer Protection entered into which constitute a part of the 122 |
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166 | 166 | | operation and management of the lottery;] 123 |
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167 | 167 | | (2) To operate and manage the lottery consistent with the provisions 124 |
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168 | 168 | | of sections [1-120, 1-121, 1-125,] 12-563, 12-563a, 12-564, 12-566, 12-568a, 125 |
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169 | 169 | | as amended by this act, and 12-569, as amended by this act, subsection 126 |
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170 | 170 | | (c) of section 12-574, as amended by this act, and sections [12-800] 12-127 |
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171 | 171 | | 801 to 12-818, inclusive, as amended by this act, and as specifically 128 |
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172 | 172 | | provided in section 12-812, as amended by this act; 129 |
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173 | 173 | | [(3) To have perpetual succession as a body corporate and to adopt 130 |
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174 | 174 | | bylaws, policies and procedures for the operation of its affairs and 131 |
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175 | 175 | | conduct of its businesses;] 132 |
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176 | 176 | | [(4)] (3) To introduce new lottery games, modify existing lottery 133 |
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177 | 177 | | games, utilize existing and new technologies, determine distribution 134 |
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178 | 178 | | channels for the sale of lottery tickets, introduce keno pursuant to signed 135 |
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179 | 179 | | agreements with the Mashantucket Pequot Tribe and the Mohegan 136 |
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180 | 180 | | Tribe of Indians of Connecticut, in accordance with section 12-806c, as 137 |
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181 | 181 | | amended by this act, and [, to the extent specifically authorized by 138 |
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182 | 182 | | regulations adopted by the Department of Consumer Protection 139 |
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183 | 183 | | pursuant to chapter 54,] introduce instant ticket vending machines, 140 |
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184 | 184 | | kiosks and automated wagering systems or machines, [with all such 141 Raised Bill No. 5320 |
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185 | 185 | | |
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186 | 186 | | |
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187 | 187 | | |
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188 | 188 | | LCO No. 2114 6 of 47 |
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189 | 189 | | |
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190 | 190 | | rights being subject to regulatory oversight by the Department of 142 |
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191 | 191 | | Consumer Protection,] except that the [corporation] department shall 143 |
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192 | 192 | | not offer any interactive on-line lottery games, including on-line video 144 |
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193 | 193 | | lottery games for promotional purposes; 145 |
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194 | 194 | | [(5) To establish an annual budget of revenues and expenditures, 146 |
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195 | 195 | | along with reasonable reserves for working capital, capital 147 |
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196 | 196 | | expenditures, debt retirement and other anticipated expenditures, in a 148 |
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197 | 197 | | manner and at levels considered by the board of directors as appropriate 149 |
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198 | 198 | | and prudent;] 150 |
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199 | 199 | | [(6)] (4) To adopt [such administrative and operating procedures 151 |
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200 | 200 | | which the board of directors] regulations, in accordance with chapter 54, 152 |
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201 | 201 | | to implement the provisions of section 12-801 to 12-818, inclusive, as 153 |
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202 | 202 | | amended by this act, as the commissioner deems appropriate; 154 |
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203 | 203 | | [(7)] (5) To enter into agreements with one or more states or territories 155 |
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204 | 204 | | of the United States for the promotion and operation of joint lottery 156 |
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205 | 205 | | games and to continue to participate in any joint lottery game in which 157 |
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206 | 206 | | the [corporation participates] Connecticut Lottery Corporation 158 |
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207 | 207 | | participated on July 1, 2003, regardless of whether any government-159 |
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208 | 208 | | authorized lottery operated outside of the United States participates in 160 |
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209 | 209 | | such game; 161 |
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210 | 210 | | [(8) Subject to the provisions of section 12-815, to] (6) To enter into 162 |
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211 | 211 | | agreements with vendors with respect to the operation and 163 |
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212 | 212 | | management of the lottery, including operation of lottery terminals, 164 |
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213 | 213 | | management services, printing of lottery tickets, management expertise, 165 |
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214 | 214 | | marketing expertise, advertising or such other goods or services as the 166 |
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215 | 215 | | [board of directors] commissioner deems necessary and appropriate; 167 |
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216 | 216 | | [(9)] (7) To purchase or lease operating equipment, including, but not 168 |
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217 | 217 | | limited to, computer gaming and automated wagering systems and to 169 |
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218 | 218 | | employ agents or employees to operate such systems; 170 |
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219 | 219 | | [(10)] (8) To retain unclaimed prize funds as additional revenue for 171 |
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220 | 220 | | the state, or to use unclaimed prize funds to increase sales, or to return 172 Raised Bill No. 5320 |
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221 | 221 | | |
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222 | 222 | | |
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223 | 223 | | |
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224 | 224 | | LCO No. 2114 7 of 47 |
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225 | 225 | | |
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226 | 226 | | to participants unclaimed prize funds in a manner designed to increase 173 |
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227 | 227 | | sales; 174 |
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228 | 228 | | [(11)] (9) To establish prize reserve accounts as the [board of 175 |
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229 | 229 | | directors] commissioner deems appropriate; 176 |
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230 | 230 | | [(12)] (10) To pay lottery prizes as awarded under section 12-812, as 177 |
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231 | 231 | | amended by this act, to purchase annuities to fund such prizes, and to 178 |
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232 | 232 | | assure that all annuities from which payments to winners of lottery 179 |
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233 | 233 | | prizes are made are invested in instruments issued by agencies of the 180 |
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234 | 234 | | United States government and backed by the full faith and credit of the 181 |
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235 | 235 | | United States, or are issued by insurance companies licensed to do 182 |
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236 | 236 | | business in the state, provided the issuer has been determined by the 183 |
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237 | 237 | | [Department of Consumer Protection] commissioner to be financially 184 |
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238 | 238 | | stable and meets the minimum investment rating as determined by the 185 |
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239 | 239 | | [department] commissioner; 186 |
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240 | 240 | | [(13) To pay the Office of Policy and Management to reimburse the 187 |
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241 | 241 | | Department of Consumer Protection for the reasonable and necessary 188 |
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242 | 242 | | costs arising from the department's regulatory oversight of the 189 |
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243 | 243 | | corporation, in accordance with the assessment made pursuant to 190 |
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244 | 244 | | section 12-806b, including costs arising directly or indirectly from the 191 |
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245 | 245 | | licensing of lottery agents, performance of state police background 192 |
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246 | 246 | | investigations, and the implementation of subsection (b) of section 12-193 |
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247 | 247 | | 562 and sections 12-563a, 12-568a, 12-569, 12-570, 12-570a and 12-800 to 194 |
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248 | 248 | | 12-818, inclusive; 195 |
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249 | 249 | | (14) In the event that the operation or management of the corporation 196 |
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250 | 250 | | becomes subject to the federal gaming occupation tax, to pay such tax 197 |
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251 | 251 | | on behalf of lottery sales agents and to assist agents subject thereto;] 198 |
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252 | 252 | | [(15)] (11) To determine the commissions payable to lottery sales 199 |
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253 | 253 | | agents, provided any agent's commission shall not average less than 200 |
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254 | 254 | | four per cent of such agent's lottery sales; 201 |
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255 | 255 | | [(16) To invest in, acquire, lease, purchase, own, manage, hold and 202 |
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256 | 256 | | dispose of real property and lease, convey or deal in or enter into 203 Raised Bill No. 5320 |
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257 | 257 | | |
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258 | 258 | | |
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259 | 259 | | |
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260 | 260 | | LCO No. 2114 8 of 47 |
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261 | 261 | | |
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262 | 262 | | agreements with respect to such property on any terms necessary or 204 |
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263 | 263 | | incidental to carrying out the purposes of sections 12-563a and 12-800 to 205 |
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264 | 264 | | 12-818, inclusive, provided such transactions shall not be subject to 206 |
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265 | 265 | | approval, review or regulation pursuant to title 4b or any other statute 207 |
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266 | 266 | | by any state agency, except that real property transactions shall be 208 |
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267 | 267 | | subject to review by the State Properties Review Board; 209 |
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268 | 268 | | (17) To borrow money for the purpose of obtaining working capital;] 210 |
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269 | 269 | | [(18)] (12) To hold patents, copyrights, trademarks, marketing rights, 211 |
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270 | 270 | | licenses or any other evidence of protection or exclusivity issued under 212 |
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271 | 271 | | the laws of the United States or any state; 213 |
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272 | 272 | | [(19)] (13) To employ such assistants, agents and other employees as 214 |
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273 | 273 | | may be necessary or desirable to carry out its purposes in accordance 215 |
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274 | 274 | | with sections 12-563a and 12-800 to 12-818, inclusive, as amended by this 216 |
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275 | 275 | | act, to fix their compensation and [, subject to the provisions of 217 |
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276 | 276 | | subsections (e) and (f) of section 12-802,] establish all necessary and 218 |
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277 | 277 | | appropriate personnel practices and policies; to engage consultants, 219 |
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278 | 278 | | accountants, attorneys and financial and other independent 220 |
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279 | 279 | | professionals as may be necessary or desirable to assist the [corporation] 221 |
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280 | 280 | | department in performing its purposes in accordance with sections 12-222 |
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281 | 281 | | 563a and [12-800] 12-801 to 12-818, inclusive, as amended by this act; 223 |
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282 | 282 | | [(20)] (14) To make and enter into all contracts and agreements 224 |
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283 | 283 | | necessary or incidental to the performance of its duties and the 225 |
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284 | 284 | | execution of its powers under sections 12-563a, as amended by this act, 226 |
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285 | 285 | | and [12-800] 12-801 to 12-818, inclusive, as amended by this act; 227 |
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286 | 286 | | [(21) In its own name, to sue and be sued, plead and be impleaded, 228 |
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287 | 287 | | adopt a seal and alter the same at pleasure; 229 |
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288 | 288 | | (22) Subject to the approval of the board and to the requirement to 230 |
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289 | 289 | | remit excess lottery funds to the General Fund as set forth in section 12-231 |
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290 | 290 | | 812, to invest any funds not needed for immediate use or disbursement, 232 |
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291 | 291 | | including any funds held in approved reserve accounts, in investments 233 |
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292 | 292 | | permitted by sections 3-20 and 3-27a for the proceeds of state bonds; 234 Raised Bill No. 5320 |
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293 | 293 | | |
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294 | 294 | | |
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295 | 295 | | |
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296 | 296 | | LCO No. 2114 9 of 47 |
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297 | 297 | | |
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298 | 298 | | (23) To procure insurance against any loss in connection with its 235 |
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299 | 299 | | property and other assets in such amounts and from such insurers as it 236 |
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300 | 300 | | deems desirable; 237 |
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301 | 301 | | (24) To the extent permitted under any contract with other persons to 238 |
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302 | 302 | | which the corporation is a party, to consent to any termination, 239 |
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303 | 303 | | modification, forgiveness or other change of any term of any contractual 240 |
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304 | 304 | | right, payment, royalty, contract or agreement of any kind; 241 |
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305 | 305 | | (25) To acquire, lease, purchase, own, manage, hold and dispose of 242 |
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306 | 306 | | personal property, and lease, convey or deal in or enter into agreements 243 |
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307 | 307 | | with respect to such property on any terms necessary or incidental to 244 |
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308 | 308 | | the carrying out of these purposes; 245 |
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309 | 309 | | (26) To account for and audit funds of the corporation; 246 |
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310 | 310 | | (27) To pay or provide for payment from operating revenues all 247 |
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311 | 311 | | expenses, costs and obligations incurred by the corporation in the 248 |
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312 | 312 | | exercise of the powers of the corporation under sections 12-563a and 12-249 |
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313 | 313 | | 800 to 12-818, inclusive;] and 250 |
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314 | 314 | | [(28)] (15) To exercise any powers necessary to carry out the purposes 251 |
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315 | 315 | | of sections 12-563a and [12-800] 12-801 to 12-818, inclusive, as amended 252 |
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316 | 316 | | by this act. 253 |
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317 | 317 | | Sec. 5. Section 12-806c of the general statutes is repealed and the 254 |
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318 | 318 | | following is substituted in lieu thereof (Effective January 1, 2021): 255 |
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319 | 319 | | Notwithstanding the provisions of section 3-6c, the Secretary of the 256 |
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320 | 320 | | Office of Policy and Management, on behalf of the state of Connecticut, 257 |
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321 | 321 | | may enter into separate agreements with the Mashantucket Pequot 258 |
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322 | 322 | | Tribe and the Mohegan Tribe of Indians of Connecticut concerning the 259 |
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323 | 323 | | operation of keno by the Connecticut Lottery Corporation prior to 260 |
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324 | 324 | | January 1, 2021, and the department on and after January 1, 2021, in the 261 |
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325 | 325 | | state of Connecticut. Any such agreement shall provide that the state of 262 |
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326 | 326 | | Connecticut shall distribute to each tribe a sum not to exceed a twelve 263 |
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327 | 327 | | and one-half per cent share of the gross operating revenue received by 264 Raised Bill No. 5320 |
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329 | 329 | | |
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330 | 330 | | |
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331 | 331 | | LCO No. 2114 10 of 47 |
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332 | 332 | | |
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333 | 333 | | the state from the operation of keno. The corporation or department, as 265 |
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334 | 334 | | the case may be, may not operate keno until such separate agreements 266 |
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335 | 335 | | are effective. For the purposes of this section, "gross operating revenues" 267 |
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336 | 336 | | means the total amounts wagered, less amounts paid out as prizes. 268 |
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337 | 337 | | Sec. 6. Section 12-806d of the general statutes is repealed and the 269 |
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338 | 338 | | following is substituted in lieu thereof (Effective January 1, 2021): 270 |
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339 | 339 | | The [Connecticut Lottery Corporation] department shall exclusively 271 |
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340 | 340 | | operate and manage the sale of lottery games in the state of Connecticut 272 |
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341 | 341 | | except on the reservations of the Mashantucket Pequot Tribe and the 273 |
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342 | 342 | | Mohegan Tribe of Indians of Connecticut. 274 |
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343 | 343 | | Sec. 7. Section 12-807 of the general statutes is repealed and the 275 |
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344 | 344 | | following is substituted in lieu thereof (Effective January 1, 2021): 276 |
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345 | 345 | | [(a) The corporation shall: 277 |
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346 | 346 | | (1) Comply with all laws, rules and regulations of the United States 278 |
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347 | 347 | | and the state of Connecticut; 279 |
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348 | 348 | | (2) Comply with regulations, adopted by the Department of 280 |
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349 | 349 | | Consumer Protection in accordance with chapter 54; 281 |
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350 | 350 | | (b) The corporation shall not: 282 |
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351 | 351 | | (1) Sell, transfer, assign, deliver, license, grant or otherwise alienate 283 |
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352 | 352 | | any portion or aspect of the lottery or lottery operations, but may sell 284 |
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353 | 353 | | real or personal property, provided any revenue from such sale shall be 285 |
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354 | 354 | | remitted to the state; 286 |
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355 | 355 | | (2) Take] 287 |
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356 | 356 | | The department shall not take any action with respect to the 288 |
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357 | 357 | | introduction or modification of lottery games which would cause a 289 |
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358 | 358 | | violation of any compact or any memorandum of understanding or 290 |
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359 | 359 | | agreement from time to time in force between the state and the 291 |
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360 | 360 | | Mashantucket Pequot Tribal Nation or the Mohegan Tribe of Montville, 292 Raised Bill No. 5320 |
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361 | 361 | | |
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362 | 362 | | |
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363 | 363 | | |
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364 | 364 | | LCO No. 2114 11 of 47 |
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365 | 365 | | |
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366 | 366 | | Connecticut, or any future compact or agreement with a federally 293 |
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367 | 367 | | recognized tribe. 294 |
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368 | 368 | | Sec. 8. Section 12-808 of the general statutes is repealed and the 295 |
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369 | 369 | | following is substituted in lieu thereof (Effective January 1, 2021): 296 |
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370 | 370 | | [(a) As soon as practicable after July 1, 1996, and the organization of 297 |
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371 | 371 | | the corporation, the corporation shall enter into such agreements as the 298 |
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372 | 372 | | board shall authorize in order to effect the transfer, assignment and 299 |
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373 | 373 | | delivery to the corporation from the state of all the tangible and 300 |
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374 | 374 | | intangible assets constituting the lottery, including the exclusive right to 301 |
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375 | 375 | | operate the lottery, and, subject to subsection (b) of this section, to effect 302 |
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376 | 376 | | the assignment to and assumption by the corporation of all agreements, 303 |
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377 | 377 | | covenants and obligations of the Department of Consumer Protection 304 |
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378 | 378 | | and other agencies of the state relating to the operation and 305 |
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379 | 379 | | management of the lottery. Such agreements may contain such other 306 |
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380 | 380 | | provisions as the board deems necessary or appropriate for the 307 |
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381 | 381 | | continued operation of the lottery by the corporation pursuant to 308 |
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382 | 382 | | sections 12-563a and 12-800 to 12-818, inclusive. 309 |
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383 | 383 | | (b) The state shall transfer to the corporation ownership of all 310 |
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384 | 384 | | annuities it purchased for payment of lottery prizes and shall not be 311 |
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385 | 385 | | liable for any lottery awards. In addition, the state shall not be liable for 312 |
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386 | 386 | | any obligations of the lottery arising prior to the date of transfer as 313 |
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387 | 387 | | described in subsection (a) of this section, including those arising in the 314 |
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388 | 388 | | ordinary course of business under existing contracts specifically 315 |
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389 | 389 | | assumed by the corporation. The Department of Consumer Protection 316 |
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390 | 390 | | shall assign to the corporation any annuity for payment of any lottery 317 |
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391 | 391 | | award arising on or before the date of such transfer. Unless otherwise 318 |
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392 | 392 | | agreed to in writing with the department, the corporation shall be solely 319 |
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393 | 393 | | responsible for the payment of all lottery prizes and the purchase of all 320 |
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394 | 394 | | annuities to provide revenue for such payment. 321 |
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395 | 395 | | (c) The corporation shall request and obtain all approvals, consents 322 |
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396 | 396 | | and rulings of and from all state and federal governmental agencies 323 |
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397 | 397 | | necessary or in order to effect the transactions contemplated by this 324 Raised Bill No. 5320 |
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398 | 398 | | |
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399 | 399 | | |
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400 | 400 | | |
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401 | 401 | | LCO No. 2114 12 of 47 |
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402 | 402 | | |
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403 | 403 | | section.] 325 |
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404 | 404 | | On January 1, 2021, the department shall become the owner of all 326 |
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405 | 405 | | annuities held by the Connecticut Lottery Corporation on December 31, 327 |
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406 | 406 | | 2020, for payment of lottery prizes. The corporation shall not be liable 328 |
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407 | 407 | | for any lottery awards, or any obligations of the lottery arising prior to 329 |
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408 | 408 | | January 1, 2021, including those arising in the ordinary course of 330 |
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409 | 409 | | business under existing contracts specifically assumed by the 331 |
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410 | 410 | | department. The department shall be assigned any annuity for payment 332 |
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411 | 411 | | of any lottery award arising on or before January 1, 2021. The 333 |
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412 | 412 | | department shall be solely responsible for the payment of all lottery 334 |
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413 | 413 | | prizes and the purchase of all annuities to provide revenue for such 335 |
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414 | 414 | | payment. 336 |
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415 | 415 | | Sec. 9. Section 12-810 of the general statutes is repealed and the 337 |
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416 | 416 | | following is substituted in lieu thereof (Effective January 1, 2021): 338 |
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417 | 417 | | (a) The Freedom of Information Act, as defined in section 1-200, shall 339 |
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418 | 418 | | not apply [to all actions, meetings and records of the corporation, except 340 |
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419 | 419 | | (1) where otherwise limited by] (1) as provided in subsection [(c)] (b) of 341 |
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420 | 420 | | this section as to new lottery games and serial numbers of unclaimed 342 |
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421 | 421 | | lottery tickets, and (2) with respect to financial, credit and proprietary 343 |
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422 | 422 | | information submitted by any person to the [corporation] Department 344 |
---|
423 | 423 | | of Consumer Protection in connection with any proposal to provide 345 |
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424 | 424 | | goods, services or professional advice. [to the corporation as provided 346 |
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425 | 425 | | in section 12-815.] 347 |
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426 | 426 | | [(b) The records of proceedings as provided in subsection (a) of 348 |
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427 | 427 | | section 12-805 shall be subject to disclosure pursuant to the provisions 349 |
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428 | 428 | | of subsection (a) of section 1-210.] 350 |
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429 | 429 | | [(c)] (b) Any new lottery game and the procedures for such game, 351 |
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430 | 430 | | until the game is publicly announced by the [corporation] department, 352 |
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431 | 431 | | and any serial number of an unclaimed lottery ticket shall not be 353 |
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432 | 432 | | deemed public records, as defined in section 1-200, and shall not be 354 |
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433 | 433 | | available to the public under the provisions of section 1-210. [The 355 |
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434 | 434 | | president shall submit a fiscal note prepared by the corporation with 356 Raised Bill No. 5320 |
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435 | 435 | | |
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436 | 436 | | |
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437 | 437 | | |
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438 | 438 | | LCO No. 2114 13 of 47 |
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439 | 439 | | |
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440 | 440 | | respect to the procedures for a new lottery game to the joint standing 357 |
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441 | 441 | | committees of the General Assembly having cognizance of matters 358 |
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442 | 442 | | relating to finance, revenue, bonding and public safety after approval of 359 |
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443 | 443 | | such game by the board.] 360 |
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444 | 444 | | Sec. 10. Section 12-812 of the 2020 supplement to the general statutes 361 |
---|
445 | 445 | | is repealed and the following is substituted in lieu thereof (Effective 362 |
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446 | 446 | | January 1, 2021): 363 |
---|
447 | 447 | | (a) The [president of the corporation, subject to the direction of the 364 |
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448 | 448 | | board,] commissioner shall conduct daily, weekly, multistate, special 365 |
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449 | 449 | | instant or other lottery games and shall determine the number of times 366 |
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450 | 450 | | a lottery shall be held each year, the form and price of the tickets and 367 |
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451 | 451 | | the aggregate amount of prizes, which shall not be less than forty-five 368 |
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452 | 452 | | per cent of the sales unless required by the terms of any agreement 369 |
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453 | 453 | | entered into for the conduct of multistate lottery games. The proceeds 370 |
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454 | 454 | | of the sale of tickets shall be deposited in the lottery fund [of the 371 |
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455 | 455 | | corporation] from which prizes shall be paid, upon vouchers signed by 372 |
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456 | 456 | | the [president] commissioner, or by either of two persons designated 373 |
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457 | 457 | | and authorized by [him] the commissioner, in such numbers and 374 |
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458 | 458 | | amounts as the [president] commissioner determines. The [corporation] 375 |
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459 | 459 | | department may limit its liability in games with fixed payouts and may 376 |
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460 | 460 | | cause a cessation of sales of tickets of certain designation when such 377 |
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461 | 461 | | liability limit has been reached. 378 |
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462 | 462 | | (b) The [president, subject to the direction of the board,] 379 |
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463 | 463 | | commissioner may enter into agreements for the sale of product 380 |
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464 | 464 | | advertising on lottery tickets, play slips and other lottery media. 381 |
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465 | 465 | | (c) On a weekly basis, the [president] commissioner shall estimate [, 382 |
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466 | 466 | | and certify to the State Treasurer,] that portion of the balance in the 383 |
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467 | 467 | | lottery fund which exceeds the current needs of the [corporation] 384 |
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468 | 468 | | department for the payment of prizes, the payment of current operating 385 |
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469 | 469 | | expenses and funding of approved reserves of the [corporation] 386 |
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470 | 470 | | department. The [corporation] department shall transfer the amount so 387 |
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471 | 471 | | [certified] estimated from the lottery fund of the [corporation] 388 Raised Bill No. 5320 |
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472 | 472 | | |
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473 | 473 | | |
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474 | 474 | | |
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475 | 475 | | LCO No. 2114 14 of 47 |
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476 | 476 | | |
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477 | 477 | | department to the General Fund, [upon notification of receipt of such 389 |
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478 | 478 | | certification by the Treasurer,] except that if the amount on deposit in 390 |
---|
479 | 479 | | the Connecticut Teachers' Retirement Fund Bonds Special Capital 391 |
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480 | 480 | | Reserve Fund, established in section 10-183vv, as amended by this act, 392 |
---|
481 | 481 | | is less than the required minimum capital reserve, as defined in 393 |
---|
482 | 482 | | subsection (b) of said section, the [corporation] department shall pay 394 |
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483 | 483 | | such amount so [certified] estimated to the trustee of the fund for 395 |
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484 | 484 | | deposit in the fund. If the [corporation] department transfers any 396 |
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485 | 485 | | moneys to the General Fund at any time when the amount on deposit in 397 |
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486 | 486 | | said capital reserve fund is less than the required minimum capital 398 |
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487 | 487 | | reserve, the amount of such transfer shall be deemed appropriated from 399 |
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488 | 488 | | the General Fund to the Connecticut Teachers' Retirement Fund Bonds 400 |
---|
489 | 489 | | Special Capital Reserve Fund. 401 |
---|
490 | 490 | | Sec. 11. Subsection (a) of section 12-813 of the general statutes is 402 |
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491 | 491 | | repealed and the following is substituted in lieu thereof (Effective January 403 |
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492 | 492 | | 1, 2021): 404 |
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493 | 493 | | (a) The [corporation] department may sell lottery tickets at any 405 |
---|
494 | 494 | | location in the state determined by the [president] commissioner which, 406 |
---|
495 | 495 | | in the opinion of the [president] commissioner, will best enhance lottery 407 |
---|
496 | 496 | | revenues, except that no license shall be issued by the [Department of 408 |
---|
497 | 497 | | Consumer Protection] department to any person to engage in business 409 |
---|
498 | 498 | | exclusively as a lottery sales agent. Subject to the provisions of 410 |
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499 | 499 | | subdivision [(15)] (11) of subsection (b) of section 12-806, as amended by 411 |
---|
500 | 500 | | this act, the [president] commissioner may authorize compensation to 412 |
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501 | 501 | | such agents in such manner and amounts and subject to such limitations 413 |
---|
502 | 502 | | as [he] the commissioner may determine if [he] the commissioner finds 414 |
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503 | 503 | | such compensation is necessary to assure adequate availability of lottery 415 |
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504 | 504 | | tickets, provided, if such agent is a lessee of state property and [his] the 416 |
---|
505 | 505 | | agent's rental fee is based upon the gross receipts of [his] the agent's 417 |
---|
506 | 506 | | business conducted thereon, all receipts from the sale of such lottery 418 |
---|
507 | 507 | | tickets shall be excluded from such gross receipts for rental purposes. 419 |
---|
508 | 508 | | The [president] commissioner may suspend for cause any licensed 420 |
---|
509 | 509 | | agent, subject to a final determination through a hearing. [provided by 421 |
---|
510 | 510 | | the Department of Consumer Protection.] 422 Raised Bill No. 5320 |
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511 | 511 | | |
---|
512 | 512 | | |
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513 | 513 | | |
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514 | 514 | | LCO No. 2114 15 of 47 |
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515 | 515 | | |
---|
516 | 516 | | Sec. 12. Section 12-814 of the general statutes is repealed and the 423 |
---|
517 | 517 | | following is substituted in lieu thereof (Effective January 1, 2021): 424 |
---|
518 | 518 | | (a) In each advertisement intended to promote the purchase of lottery 425 |
---|
519 | 519 | | tickets issued for games authorized under sections 12-563a and [12-800] 426 |
---|
520 | 520 | | 12-801 to 12-818, inclusive, as amended by this act, the [corporation] 427 |
---|
521 | 521 | | department shall include a prominent and clear statement of the average 428 |
---|
522 | 522 | | chances of winning per lottery ticket. 429 |
---|
523 | 523 | | (b) The provisions of subsection (a) of this section shall apply only to 430 |
---|
524 | 524 | | (1) advertisements in newspapers, magazines, brochures and on posters 431 |
---|
525 | 525 | | and (2) television and radio advertisements thirty seconds or longer for 432 |
---|
526 | 526 | | one game. 433 |
---|
527 | 527 | | (c) [On or before October 1, 1999, the corporation shall implement a 434 |
---|
528 | 528 | | code of] The department shall adopt regulations, in accordance with 435 |
---|
529 | 529 | | chapter 54, to establish standards for all advertisements and other 436 |
---|
530 | 530 | | activities intended to promote the purchase of lottery tickets for games 437 |
---|
531 | 531 | | authorized pursuant to this chapter. The [code of] standards shall 438 |
---|
532 | 532 | | include the requirement that no advertisement or promotion shall 439 |
---|
533 | 533 | | denigrate the character or conduct of nonlottery players or praise the 440 |
---|
534 | 534 | | character or conduct of lottery players. 441 |
---|
535 | 535 | | Sec. 13. Section 12-815a of the general statutes is repealed and the 442 |
---|
536 | 536 | | following is substituted in lieu thereof (Effective January 1, 2021): 443 |
---|
537 | 537 | | (a) The Commissioner of Consumer Protection shall issue vendor, 444 |
---|
538 | 538 | | affiliate and occupational licenses in accordance with the provisions of 445 |
---|
539 | 539 | | this section. 446 |
---|
540 | 540 | | (b) No person or business organization awarded a primary contract 447 |
---|
541 | 541 | | by the [Connecticut Lottery Corporation] department to provide 448 |
---|
542 | 542 | | facilities, components, goods or services that are necessary for and 449 |
---|
543 | 543 | | directly related to the secure operation of the lottery activities of [said 450 |
---|
544 | 544 | | corporation] the department shall do so unless such person or business 451 |
---|
545 | 545 | | organization is issued a vendor license by the Commissioner of 452 |
---|
546 | 546 | | Consumer Protection. For the purposes of this subsection, "primary 453 Raised Bill No. 5320 |
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547 | 547 | | |
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548 | 548 | | |
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549 | 549 | | |
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550 | 550 | | LCO No. 2114 16 of 47 |
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551 | 551 | | |
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552 | 552 | | contract" means a contract to provide facilities, components, goods or 454 |
---|
553 | 553 | | services to [said corporation] the department by a person or business 455 |
---|
554 | 554 | | organization (1) that provides any lottery game or any online wagering 456 |
---|
555 | 555 | | system related facilities, components, goods or services and that 457 |
---|
556 | 556 | | receives or, in the exercise of reasonable business judgment, can be 458 |
---|
557 | 557 | | expected to receive more than seventy-five thousand dollars or twenty-459 |
---|
558 | 558 | | five per cent of its gross annual sales from said corporation, or (2) that 460 |
---|
559 | 559 | | has access to the facilities of [said corporation] the department where 461 |
---|
560 | 560 | | lottery activities occur and provides services in such facilities without 462 |
---|
561 | 561 | | supervision by [said corporation] the department. Each applicant for a 463 |
---|
562 | 562 | | vendor license shall pay a nonrefundable application fee of two 464 |
---|
563 | 563 | | hundred fifty dollars. 465 |
---|
564 | 564 | | (c) No person or business organization, other than a shareholder in a 466 |
---|
565 | 565 | | publicly traded corporation, may be a subcontractor for the provision of 467 |
---|
566 | 566 | | facilities, components, goods or services that are necessary for and 468 |
---|
567 | 567 | | directly related to the secure operation of the lottery activities of the 469 |
---|
568 | 568 | | [Connecticut Lottery Corporation] department, or may exercise control 470 |
---|
569 | 569 | | in or over a vendor licensee unless such person or business organization 471 |
---|
570 | 570 | | is licensed as an affiliate licensee by the commissioner. Each applicant 472 |
---|
571 | 571 | | for an affiliate license shall pay a nonrefundable application fee of two 473 |
---|
572 | 572 | | hundred fifty dollars. 474 |
---|
573 | 573 | | (d) (1) Each employee of a vendor or affiliate licensee who has access 475 |
---|
574 | 574 | | to the facilities of the [Connecticut Lottery Corporation] department 476 |
---|
575 | 575 | | where lottery activities occur and provides services in such facilities 477 |
---|
576 | 576 | | without supervision by [said corporation] the department or performs 478 |
---|
577 | 577 | | duties directly related to the lottery activities of [said corporation] the 479 |
---|
578 | 578 | | department shall obtain an occupational license. 480 |
---|
579 | 579 | | (2) Each officer, director, partner, trustee or owner of a business 481 |
---|
580 | 580 | | organization licensed as a vendor or affiliate licensee and any 482 |
---|
581 | 581 | | shareholder, executive, agent or other person connected with any 483 |
---|
582 | 582 | | vendor or affiliate licensee who, in the judgment of the commissioner, 484 |
---|
583 | 583 | | will exercise control in or over any such licensee shall obtain an 485 |
---|
584 | 584 | | occupational license. 486 Raised Bill No. 5320 |
---|
585 | 585 | | |
---|
586 | 586 | | |
---|
587 | 587 | | |
---|
588 | 588 | | LCO No. 2114 17 of 47 |
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589 | 589 | | |
---|
590 | 590 | | [(3) Each employee of the Connecticut Lottery Corporation shall 487 |
---|
591 | 591 | | obtain an occupational license.] 488 |
---|
592 | 592 | | (e) The commissioner shall issue occupational licenses in the 489 |
---|
593 | 593 | | following classes: (1) Class I for persons specified in subdivision (1) of 490 |
---|
594 | 594 | | subsection (d) of this section; and (2) Class II for persons specified in 491 |
---|
595 | 595 | | subdivision (2) of subsection (d) of this section. [; (3) Class III for persons 492 |
---|
596 | 596 | | specified in subdivision (3) of subsection (d) of this section who, in the 493 |
---|
597 | 597 | | judgment of the commissioner, will not exercise authority over or direct 494 |
---|
598 | 598 | | the management and policies of the Connecticut Lottery Corporation; 495 |
---|
599 | 599 | | and (4) Class IV for persons specified in subdivision (3) of subsection (d) 496 |
---|
600 | 600 | | of this section who, in the judgment of the commissioner, will exercise 497 |
---|
601 | 601 | | authority over or direct the management and policies of the Connecticut 498 |
---|
602 | 602 | | Lottery Corporation.] Each applicant for a Class I [or III] occupational 499 |
---|
603 | 603 | | license shall pay a nonrefundable application fee of twenty dollars. Each 500 |
---|
604 | 604 | | applicant for a Class II [or IV] occupational license shall pay a 501 |
---|
605 | 605 | | nonrefundable application fee of one hundred dollars. The 502 |
---|
606 | 606 | | nonrefundable application fee shall accompany the application for each 503 |
---|
607 | 607 | | such occupational license. 504 |
---|
608 | 608 | | (f) In determining whether to grant a vendor, affiliate or occupational 505 |
---|
609 | 609 | | license to any such person or business organization, the commissioner 506 |
---|
610 | 610 | | may require an applicant to provide information as to such applicant's: 507 |
---|
611 | 611 | | (1) Financial standing and credit; (2) moral character; (3) criminal record, 508 |
---|
612 | 612 | | if any; (4) previous employment; (5) corporate, partnership or 509 |
---|
613 | 613 | | association affiliations; (6) ownership of personal assets; and (7) such 510 |
---|
614 | 614 | | other information as the commissioner deems pertinent to the issuance 511 |
---|
615 | 615 | | of such license, provided the submission of such other information will 512 |
---|
616 | 616 | | assure the integrity of the state lottery. The commissioner shall require 513 |
---|
617 | 617 | | each applicant for a vendor, affiliate or occupational license to submit to 514 |
---|
618 | 618 | | state and national criminal history records checks and may require each 515 |
---|
619 | 619 | | such applicant to submit to an international criminal history records 516 |
---|
620 | 620 | | check before such license is issued. The state and national criminal 517 |
---|
621 | 621 | | history records checks required pursuant to this subsection shall be 518 |
---|
622 | 622 | | conducted in accordance with section 29-17a. The commissioner shall 519 |
---|
623 | 623 | | issue a vendor, affiliate or occupational license, as the case may be, to 520 Raised Bill No. 5320 |
---|
624 | 624 | | |
---|
625 | 625 | | |
---|
626 | 626 | | |
---|
627 | 627 | | LCO No. 2114 18 of 47 |
---|
628 | 628 | | |
---|
629 | 629 | | each applicant who satisfies the requirements of this subsection and 521 |
---|
630 | 630 | | who is deemed qualified by the commissioner. The commissioner may 522 |
---|
631 | 631 | | reject for good cause an application for a vendor, affiliate or 523 |
---|
632 | 632 | | occupational license. 524 |
---|
633 | 633 | | (g) Each vendor, affiliate or Class I or II occupational license shall be 525 |
---|
634 | 634 | | effective for not more than one year from the date of issuance. [Each 526 |
---|
635 | 635 | | Class III or IV occupational license shall remain in effect throughout the 527 |
---|
636 | 636 | | term of employment of any such employee holding such a license. The 528 |
---|
637 | 637 | | commissioner may require each employee issued a Class IV 529 |
---|
638 | 638 | | occupational license to submit information as to such employee's 530 |
---|
639 | 639 | | financial standing and credit annually.] Initial application for and 531 |
---|
640 | 640 | | renewal of any such license shall be in such form and manner as the 532 |
---|
641 | 641 | | commissioner shall prescribe. 533 |
---|
642 | 642 | | (h) (1) The commissioner may suspend or revoke for good cause a 534 |
---|
643 | 643 | | vendor, affiliate or occupational license after a hearing held before the 535 |
---|
644 | 644 | | commissioner in accordance with chapter 54. The commissioner may 536 |
---|
645 | 645 | | order summary suspension of any such license in accordance with 537 |
---|
646 | 646 | | subsection (c) of section 4-182. 538 |
---|
647 | 647 | | (2) Any such applicant aggrieved by the action of the commissioner 539 |
---|
648 | 648 | | concerning an application for a license, or any person or business 540 |
---|
649 | 649 | | organization whose license is suspended or revoked, may appeal 541 |
---|
650 | 650 | | pursuant to section 4-183. 542 |
---|
651 | 651 | | (3) The commissioner may impose a civil penalty on any licensee for 543 |
---|
652 | 652 | | a violation of any provision of this chapter or any regulation adopted 544 |
---|
653 | 653 | | under section 12-568a, as amended by this act, in an amount not to 545 |
---|
654 | 654 | | exceed two thousand five hundred dollars after a hearing held in 546 |
---|
655 | 655 | | accordance with chapter 54. 547 |
---|
656 | 656 | | (i) The commissioner may require that the books and records of any 548 |
---|
657 | 657 | | vendor or affiliate licensee be maintained in any manner which the 549 |
---|
658 | 658 | | commissioner may deem best, and that any financial or other statements 550 |
---|
659 | 659 | | based on such books and records be prepared in accordance with 551 |
---|
660 | 660 | | generally accepted accounting principles in such form as the 552 Raised Bill No. 5320 |
---|
661 | 661 | | |
---|
662 | 662 | | |
---|
663 | 663 | | |
---|
664 | 664 | | LCO No. 2114 19 of 47 |
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665 | 665 | | |
---|
666 | 666 | | commissioner shall prescribe. The commissioner or a designee may 553 |
---|
667 | 667 | | visit, investigate and place expert accountants and such other persons 554 |
---|
668 | 668 | | as deemed necessary in the offices or places of business of any such 555 |
---|
669 | 669 | | licensee for the purpose of satisfying [himself or herself] the 556 |
---|
670 | 670 | | commissioner that such licensee is in compliance with the regulations of 557 |
---|
671 | 671 | | the department. 558 |
---|
672 | 672 | | (j) For the purposes of this section, (1) "business organization" means 559 |
---|
673 | 673 | | a partnership, incorporated or unincorporated association, firm, 560 |
---|
674 | 674 | | corporation, trust or other form of business or legal entity; (2) "control" 561 |
---|
675 | 675 | | means the power to exercise authority over or direct the management 562 |
---|
676 | 676 | | and policies of a licensee; and (3) "person" means any individual. 563 |
---|
677 | 677 | | (k) The Commissioner of Consumer Protection may adopt such 564 |
---|
678 | 678 | | regulations, in accordance with chapter 54, as are necessary to 565 |
---|
679 | 679 | | implement the provisions of this section. 566 |
---|
680 | 680 | | Sec. 14. Section 12-817 of the general statutes is repealed and the 567 |
---|
681 | 681 | | following is substituted in lieu thereof (Effective January 1, 2021): 568 |
---|
682 | 682 | | (a) The Superior Court shall have jurisdiction to enter judgment 569 |
---|
683 | 683 | | against the [corporation] Connecticut Lottery Corporation founded 570 |
---|
684 | 684 | | upon any express contract between the corporation and any person or 571 |
---|
685 | 685 | | party thereto for the provision of goods, services or professional advice 572 |
---|
686 | 686 | | to the corporation or the lottery. 573 |
---|
687 | 687 | | (b) Any action brought under subsection (a) of this section shall be 574 |
---|
688 | 688 | | brought in the superior court for the judicial district of Hartford. The 575 |
---|
689 | 689 | | jurisdiction conferred upon the Superior Court by this section includes 576 |
---|
690 | 690 | | any set-off, claim or demand whatsoever on the part of the corporation 577 |
---|
691 | 691 | | against any plaintiff commencing an action under this section. Such 578 |
---|
692 | 692 | | action shall be tried to the court without a jury. All legal defenses, except 579 |
---|
693 | 693 | | governmental immunity, shall be reserved to the corporation. Any 580 |
---|
694 | 694 | | action brought under this section shall be privileged in respect to 581 |
---|
695 | 695 | | assignment for trial upon matters of either party. Nothing in this section 582 |
---|
696 | 696 | | shall be construed to authorize any action against the state of 583 |
---|
697 | 697 | | Connecticut or to abrogate any defense available to the state of 584 Raised Bill No. 5320 |
---|
698 | 698 | | |
---|
699 | 699 | | |
---|
700 | 700 | | |
---|
701 | 701 | | LCO No. 2114 20 of 47 |
---|
702 | 702 | | |
---|
703 | 703 | | Connecticut, including governmental immunity. 585 |
---|
704 | 704 | | (c) This section shall apply to all actions commenced prior to January 586 |
---|
705 | 705 | | 1, 2021, and the department shall be substituted as a party on and after 587 |
---|
706 | 706 | | January 1, 2021, pursuant to subsection (c) of section 4-38d. 588 |
---|
707 | 707 | | Sec. 15. Section 12-818 of the general statutes is repealed and the 589 |
---|
708 | 708 | | following is substituted in lieu thereof (Effective January 1, 2021): 590 |
---|
709 | 709 | | [For each of the fiscal years ending June 30, 2010, and June 30, 2011, 591 |
---|
710 | 710 | | the Connecticut Lottery Corporation shall transfer one million nine 592 |
---|
711 | 711 | | hundred thousand dollars of the revenue received from the sale of 593 |
---|
712 | 712 | | lottery tickets to the chronic gamblers treatment rehabilitation account 594 |
---|
713 | 713 | | created pursuant to section 17a-713. For the fiscal years ending June 30, 595 |
---|
714 | 714 | | 2012, to June 30, 2013, inclusive, the Connecticut Lottery Corporation 596 |
---|
715 | 715 | | shall transfer one million nine hundred thousand dollars of the revenue 597 |
---|
716 | 716 | | received from the sale of lottery tickets to the chronic gamblers 598 |
---|
717 | 717 | | treatment rehabilitation account created pursuant to section 17a-713.] 599 |
---|
718 | 718 | | For the fiscal [year] years ending June 30, 2014, [and each fiscal year 600 |
---|
719 | 719 | | thereafter,] to June 30, 2020, inclusive, the Connecticut Lottery 601 |
---|
720 | 720 | | Corporation shall transfer two million three hundred thousand dollars 602 |
---|
721 | 721 | | of the revenue received from the sale of lottery tickets to the chronic 603 |
---|
722 | 722 | | gamblers treatment rehabilitation account created pursuant to section 604 |
---|
723 | 723 | | 17a-713. For the fiscal years ending June 30, 2021, and each fiscal year 605 |
---|
724 | 724 | | thereafter, the Department of Consumer Protection shall transfer two 606 |
---|
725 | 725 | | million three hundred thousand dollars of the revenue received from 607 |
---|
726 | 726 | | the sale of lottery tickets to the chronic gamblers treatment rehabilitation 608 |
---|
727 | 727 | | account created pursuant to section 17a-713, as amended by this act. 609 |
---|
728 | 728 | | Sec. 16. Section 12-829 of the general statutes is repealed and the 610 |
---|
729 | 729 | | following is substituted in lieu thereof (Effective January 1, 2021): 611 |
---|
730 | 730 | | (a) (1) On or after January 1, 2012, but prior to July 1, 2018, when any 612 |
---|
731 | 731 | | person redeems a winning lottery ticket worth five thousand dollars or 613 |
---|
732 | 732 | | more at the central office of the Connecticut Lottery Corporation, the 614 |
---|
733 | 733 | | Connecticut Lottery Corporation shall check the name and other 615 |
---|
734 | 734 | | identifying information of such person against a list of taxpayers who 616 Raised Bill No. 5320 |
---|
735 | 735 | | |
---|
736 | 736 | | |
---|
737 | 737 | | |
---|
738 | 738 | | LCO No. 2114 21 of 47 |
---|
739 | 739 | | |
---|
740 | 740 | | are delinquent, supplied by the Commissioner of Revenue Services. 617 |
---|
741 | 741 | | (2) On or after July 1, 2018, and prior to January 1, 2021, when any 618 |
---|
742 | 742 | | person redeems a winning lottery ticket worth two thousand dollars or 619 |
---|
743 | 743 | | more at the central office of the Connecticut Lottery Corporation, the 620 |
---|
744 | 744 | | Connecticut Lottery Corporation shall check the name and other 621 |
---|
745 | 745 | | identifying information of such person against a list of taxpayers who 622 |
---|
746 | 746 | | are delinquent, supplied by the Commissioner of Revenue Services. 623 |
---|
747 | 747 | | (3) On and after January 1, 2021, when any person redeems a winning 624 |
---|
748 | 748 | | lottery ticket worth two thousand dollars or more at the central office of 625 |
---|
749 | 749 | | the Department of Consumer Protection, the department shall check the 626 |
---|
750 | 750 | | name and other identifying information of such person against a list of 627 |
---|
751 | 751 | | taxpayers who are delinquent supplied by the Commissioner of 628 |
---|
752 | 752 | | Revenue Services. 629 |
---|
753 | 753 | | (b) Notwithstanding the provisions of section 12-15, the 630 |
---|
754 | 754 | | Commissioner of Revenue Services may disclose to the [president of the 631 |
---|
755 | 755 | | Connecticut Lottery Corporation] Commissioner of Consumer 632 |
---|
756 | 756 | | Protection: (1) The name and such other information as may be 633 |
---|
757 | 757 | | necessary to identify a person from whom taxes, including penalties and 634 |
---|
758 | 758 | | interest related thereto, are due to the state and unpaid when: (A) A 635 |
---|
759 | 759 | | period in excess of thirty days has elapsed following the date on which 636 |
---|
760 | 760 | | such taxes were due, and (B) such taxes are not the subject of a timely 637 |
---|
761 | 761 | | filed administrative appeal to said commissioner or of a timely filed 638 |
---|
762 | 762 | | appeal pending before any court of competent jurisdiction, and (2) the 639 |
---|
763 | 763 | | amount of such taxes, penalties and interest that are due from such 640 |
---|
764 | 764 | | person. 641 |
---|
765 | 765 | | (c) In the event that the person redeeming a lottery ticket described 642 |
---|
766 | 766 | | in subsection (a) of this section is on the list described in said subsection 643 |
---|
767 | 767 | | (a), the [Connecticut Lottery Corporation] Commissioner of Consumer 644 |
---|
768 | 768 | | Protection shall, subsequent to any deductions made pursuant to 645 |
---|
769 | 769 | | subsection (c) of section 52-362d, as amended by this act, if applicable, 646 |
---|
770 | 770 | | deduct and withhold from the lottery prize payment payable to such 647 |
---|
771 | 771 | | person under the provisions of chapter 226 or this chapter, the amount 648 Raised Bill No. 5320 |
---|
772 | 772 | | |
---|
773 | 773 | | |
---|
774 | 774 | | |
---|
775 | 775 | | LCO No. 2114 22 of 47 |
---|
776 | 776 | | |
---|
777 | 777 | | of such taxes, penalties and interest identified by said commissioner 649 |
---|
778 | 778 | | pursuant to subsection (b) of this section. 650 |
---|
779 | 779 | | (d) The [president of the Connecticut Lottery Corporation] 651 |
---|
780 | 780 | | Commissioner of Consumer Protection shall promptly notify the 652 |
---|
781 | 781 | | Commissioner of Revenue Services of any amount deducted and 653 |
---|
782 | 782 | | withheld under the provisions of this section and shall pay over such 654 |
---|
783 | 783 | | amount to the Commissioner of Revenue Services in accordance with 655 |
---|
784 | 784 | | said commissioner's instructions. 656 |
---|
785 | 785 | | [(e) For the purposes of this section, the Connecticut Lottery 657 |
---|
786 | 786 | | Corporation and its officers and employees shall be treated as officers 658 |
---|
787 | 787 | | and employees of the state, and the provisions of subsections (a), (e), (f), 659 |
---|
788 | 788 | | (g) and (h) of section 12-15 shall apply to the officers and employees of 660 |
---|
789 | 789 | | the Connecticut Lottery Corporation.] 661 |
---|
790 | 790 | | Sec. 17. Section 12-831 of the general statutes is repealed and the 662 |
---|
791 | 791 | | following is substituted in lieu thereof (Effective January 1, 2021): 663 |
---|
792 | 792 | | (a) Except as provided in section 12-833, as amended by this act, no 664 |
---|
793 | 793 | | assignment of a lottery prize, in whole or in part, including an 665 |
---|
794 | 794 | | assignment of a lottery prize to be used as collateral to secure a loan 666 |
---|
795 | 795 | | pursuant to title 42a, shall be valid unless it is executed pursuant to and 667 |
---|
796 | 796 | | approved in accordance with this section. Any such assignment shall 668 |
---|
797 | 797 | | entitle the assignee to receive, to the extent assigned, the lottery prize to 669 |
---|
798 | 798 | | which the assignor would be entitled. Such assignment shall be in 670 |
---|
799 | 799 | | writing and executed by the assignor. Such assignment shall be 671 |
---|
800 | 800 | | accompanied by an affidavit, signed and sworn to by the assignor before 672 |
---|
801 | 801 | | a proper authority, stating that the assignor (1) is of sound mind and not 673 |
---|
802 | 802 | | acting under duress, (2) has been advised by independent legal counsel 674 |
---|
803 | 803 | | and has received independent financial and tax advice concerning the 675 |
---|
804 | 804 | | assignment, (3) understands that he will not receive lottery prize 676 |
---|
805 | 805 | | payments or portions thereof for the time period assigned, (4) has 677 |
---|
806 | 806 | | received a disclosure statement as provided in subsection (b) of this 678 |
---|
807 | 807 | | section, (5) at the time of the execution of the assignment, was informed 679 |
---|
808 | 808 | | in writing by the assignee that the assignor had the right to cancel the 680 Raised Bill No. 5320 |
---|
809 | 809 | | |
---|
810 | 810 | | |
---|
811 | 811 | | |
---|
812 | 812 | | LCO No. 2114 23 of 47 |
---|
813 | 813 | | |
---|
814 | 814 | | assignment no later than three business days following the date on 681 |
---|
815 | 815 | | which the assignment was signed, (6) will have no outstanding or 682 |
---|
816 | 816 | | unsatisfied judgments against him when the assignment transaction is 683 |
---|
817 | 817 | | closed and is not subject to any court order or judgment regarding 684 |
---|
818 | 818 | | delinquent child support or alimony obligations, and (7) releases the 685 |
---|
819 | 819 | | [Connecticut Lottery Corporation] Department of Consumer Protection 686 |
---|
820 | 820 | | and its [directors, officers and] employees from any further liability to 687 |
---|
821 | 821 | | the assignor upon payment of any lottery prize pursuant to an 688 |
---|
822 | 822 | | assignment made in accordance with this section. 689 |
---|
823 | 823 | | (b) The assignee shall provide to the assignor a one-page written 690 |
---|
824 | 824 | | disclosure statement in at least ten-point bold type setting forth (1) the 691 |
---|
825 | 825 | | payments being assigned, by amount and payment dates, (2) the 692 |
---|
826 | 826 | | purchase price being paid for the assignment of such lottery prize, (3) 693 |
---|
827 | 827 | | the rate of discount to present value, assuming daily compounding and 694 |
---|
828 | 828 | | funding on the date of assignment, and (4) the amount, if any, of 695 |
---|
829 | 829 | | origination or closing fees that will be charged to the assignor. With 696 |
---|
830 | 830 | | regard to the assignment of a lottery prize to be used as collateral to 697 |
---|
831 | 831 | | secure a loan, the one-page written disclosure statement required by this 698 |
---|
832 | 832 | | subsection shall also include (A) the amount of the loan, (B) the interest 699 |
---|
833 | 833 | | rate to be charged, (C) the interest rate to be charged in case of default, 700 |
---|
834 | 834 | | and (D) any penalties to be charged upon early repayment of the loan. 701 |
---|
835 | 835 | | (c) Upon payment of an entry fee of seventy-five dollars, the assignee 702 |
---|
836 | 836 | | shall submit the assignment to the superior court for the judicial district 703 |
---|
837 | 837 | | in which the assignor resides or where the [Connecticut Lottery 704 |
---|
838 | 838 | | Corporation] Department of Consumer Protection is located for review 705 |
---|
839 | 839 | | and approval by the court. If, upon review of the assignment and 706 |
---|
840 | 840 | | accompanying affidavit, the court determines that the requirements of 707 |
---|
841 | 841 | | subsection (a) of this section have been met, the court shall approve the 708 |
---|
842 | 842 | | assignment. 709 |
---|
843 | 843 | | Sec. 18. Section 12-832 of the general statutes is repealed and the 710 |
---|
844 | 844 | | following is substituted in lieu thereof (Effective January 1, 2021): 711 |
---|
845 | 845 | | (a) Not later than twenty days after receipt of a certified copy of a 712 Raised Bill No. 5320 |
---|
846 | 846 | | |
---|
847 | 847 | | |
---|
848 | 848 | | |
---|
849 | 849 | | LCO No. 2114 24 of 47 |
---|
850 | 850 | | |
---|
851 | 851 | | court order required under subsection (c) of section 12-831, as amended 713 |
---|
852 | 852 | | by this act, the [Connecticut Lottery Corporation] Department of 714 |
---|
853 | 853 | | Consumer Protection shall issue written confirmation to the assignor 715 |
---|
854 | 854 | | and the assignee recognizing the assignment. 716 |
---|
855 | 855 | | (b) Any assignee of a lottery prize, by acceptance of the lottery prize 717 |
---|
856 | 856 | | in accordance with sections 12-830 to 12-834, inclusive, as amended by 718 |
---|
857 | 857 | | this act, agrees to be bound by the general statutes, regulations and all 719 |
---|
858 | 858 | | duly enacted rules of the [Connecticut Lottery Corporation] Department 720 |
---|
859 | 859 | | of Consumer Protection. All further assignments of lottery prizes shall 721 |
---|
860 | 860 | | be subject to the same restrictions and requirements as the initial 722 |
---|
861 | 861 | | assignment. 723 |
---|
862 | 862 | | Sec. 19. Section 12-833 of the general statutes is repealed and the 724 |
---|
863 | 863 | | following is substituted in lieu thereof (Effective January 1, 2021): 725 |
---|
864 | 864 | | No person may assign a lottery prize if (1) such person is liable for 726 |
---|
865 | 865 | | support under the provisions of section 52-362d, as amended by this act, 727 |
---|
866 | 866 | | (2) such person is liable for any debt owed to the state under section 4a-728 |
---|
867 | 867 | | 12, (3) such person who does not assign any prize payments would be 729 |
---|
868 | 868 | | subject to an immediate income tax liability for the value of the entire 730 |
---|
869 | 869 | | prize rather than annual income tax liability for each installment when 731 |
---|
870 | 870 | | paid, as determined by a technical rule letter, revenue ruling or other 732 |
---|
871 | 871 | | public ruling of the Internal Revenue Service or the Department of 733 |
---|
872 | 872 | | Revenue Services, (4) a court of competent jurisdiction issues a 734 |
---|
873 | 873 | | published decision that such person who does not assign any prize 735 |
---|
874 | 874 | | payments would be subject to an immediate income tax liability for the 736 |
---|
875 | 875 | | value of the entire prize rather than annual income tax liability for each 737 |
---|
876 | 876 | | installment when paid, (5) the [Connecticut Lottery Corporation] 738 |
---|
877 | 877 | | Department of Consumer Protection receives such letter or ruling from 739 |
---|
878 | 878 | | the Internal Revenue Service or the Department of Revenue Services or 740 |
---|
879 | 879 | | a published decision of a court of competent jurisdiction and the 741 |
---|
880 | 880 | | corporation files such letter, ruling or decision with the Secretary of the 742 |
---|
881 | 881 | | State or (6) the assignor's lottery payments are subject to any lien, 743 |
---|
882 | 882 | | judgment, offset, levy, attachment, execution, garnishment or court 744 |
---|
883 | 883 | | ordered payment. 745 Raised Bill No. 5320 |
---|
884 | 884 | | |
---|
885 | 885 | | |
---|
886 | 886 | | |
---|
887 | 887 | | LCO No. 2114 25 of 47 |
---|
888 | 888 | | |
---|
889 | 889 | | Sec. 20. Section 12-834 of the general statutes is repealed and the 746 |
---|
890 | 890 | | following is substituted in lieu thereof (Effective January 1, 2021): 747 |
---|
891 | 891 | | (a) The [Connecticut Lottery Corporation] Department of Consumer 748 |
---|
892 | 892 | | Protection may establish a reasonable fee for any administrative 749 |
---|
893 | 893 | | expenses associated with assignments made pursuant to section 12-831, 750 |
---|
894 | 894 | | as amended by this act, including the cost to the [Connecticut Lottery 751 |
---|
895 | 895 | | Corporation] department of any processing fee that may be imposed by 752 |
---|
896 | 896 | | a private annuity provider. The amount of the fee shall reflect the direct 753 |
---|
897 | 897 | | and indirect costs of processing the assignments by [said corporation] 754 |
---|
898 | 898 | | the department. 755 |
---|
899 | 899 | | (b) The [Connecticut Lottery Corporation] Department of Consumer 756 |
---|
900 | 900 | | Protection and its [directors, officers and] employees shall be discharged 757 |
---|
901 | 901 | | of all further liability to the assignor upon payment of any lottery prize 758 |
---|
902 | 902 | | pursuant to an assignment made in accordance with section 12-831, as 759 |
---|
903 | 903 | | amended by this act. 760 |
---|
904 | 904 | | Sec. 21. Subdivision (12) of section 1-79 of the 2020 supplement to the 761 |
---|
905 | 905 | | general statutes is repealed and the following is substituted in lieu 762 |
---|
906 | 906 | | thereof (Effective January 1, 2021): 763 |
---|
907 | 907 | | (12) "Quasi-public agency" means Connecticut Innovations, 764 |
---|
908 | 908 | | Incorporated, the Connecticut Health and Education Facilities 765 |
---|
909 | 909 | | Authority, the Connecticut Higher Education Supplemental Loan 766 |
---|
910 | 910 | | Authority, the Connecticut Student Loan Foundation, the Connecticut 767 |
---|
911 | 911 | | Housing Finance Authority, the State Housing Authority, the Materials 768 |
---|
912 | 912 | | Innovation and Recycling Authority, the Capital Region Development 769 |
---|
913 | 913 | | Authority, [the Connecticut Lottery Corporation,] the Connecticut 770 |
---|
914 | 914 | | Airport Authority, the Connecticut Health Insurance Exchange, the 771 |
---|
915 | 915 | | Connecticut Green Bank, the Connecticut Retirement Security 772 |
---|
916 | 916 | | Authority, the Connecticut Port Authority, the Connecticut Municipal 773 |
---|
917 | 917 | | Redevelopment Authority and the State Education Resource Center. 774 |
---|
918 | 918 | | Sec. 22. Section 1-120 of the 2020 supplement to the general statutes 775 |
---|
919 | 919 | | is repealed and the following is substituted in lieu thereof (Effective 776 |
---|
920 | 920 | | January 1, 2021): 777 Raised Bill No. 5320 |
---|
921 | 921 | | |
---|
922 | 922 | | |
---|
923 | 923 | | |
---|
924 | 924 | | LCO No. 2114 26 of 47 |
---|
925 | 925 | | |
---|
926 | 926 | | As used in sections 1-120 to 1-123, inclusive: 778 |
---|
927 | 927 | | (1) "Quasi-public agency" means Connecticut Innovations, 779 |
---|
928 | 928 | | Incorporated, the Connecticut Health and Educational Facilities 780 |
---|
929 | 929 | | Authority, the Connecticut Higher Education Supplemental Loan 781 |
---|
930 | 930 | | Authority, the Connecticut Student Loan Foundation, the Connecticut 782 |
---|
931 | 931 | | Housing Finance Authority, the Connecticut Housing Authority, the 783 |
---|
932 | 932 | | Materials Innovation and Recycling Authority, the Capital Region 784 |
---|
933 | 933 | | Development Authority, [the Connecticut Lottery Corporation,] the 785 |
---|
934 | 934 | | Connecticut Airport Authority, the Connecticut Health Insurance 786 |
---|
935 | 935 | | Exchange, the Connecticut Green Bank, the Connecticut Retirement 787 |
---|
936 | 936 | | Security Authority, the Connecticut Port Authority, the Connecticut 788 |
---|
937 | 937 | | Municipal Redevelopment Authority, the State Education Resource 789 |
---|
938 | 938 | | Center and the Paid Family and Medical Leave Insurance Authority. 790 |
---|
939 | 939 | | (2) "Procedure" means each statement, by a quasi-public agency, of 791 |
---|
940 | 940 | | general applicability, without regard to its designation, that 792 |
---|
941 | 941 | | implements, interprets or prescribes law or policy, or describes the 793 |
---|
942 | 942 | | organization or procedure of any such agency. The term includes the 794 |
---|
943 | 943 | | amendment or repeal of a prior regulation, but does not include, unless 795 |
---|
944 | 944 | | otherwise provided by any provision of the general statutes, (A) 796 |
---|
945 | 945 | | statements concerning only the internal management of any agency and 797 |
---|
946 | 946 | | not affecting procedures available to the public, and (B) intra-agency 798 |
---|
947 | 947 | | memoranda. 799 |
---|
948 | 948 | | (3) "Proposed procedure" means a proposal by a quasi-public agency 800 |
---|
949 | 949 | | under the provisions of section 1-121, as amended by this act, for a new 801 |
---|
950 | 950 | | procedure or for a change in, addition to or repeal of an existing 802 |
---|
951 | 951 | | procedure. 803 |
---|
952 | 952 | | Sec. 23. Section 1-121 of the general statutes is repealed and the 804 |
---|
953 | 953 | | following is substituted in lieu thereof (Effective January 1, 2021): 805 |
---|
954 | 954 | | (a) A quasi-public agency, before adopting a proposed procedure, 806 |
---|
955 | 955 | | shall give at least thirty days' notice by publication in the Connecticut 807 |
---|
956 | 956 | | Law Journal of its intended action. The notice shall include (1) either a 808 |
---|
957 | 957 | | statement of the terms or of the substance of the proposed procedure or 809 Raised Bill No. 5320 |
---|
958 | 958 | | |
---|
959 | 959 | | |
---|
960 | 960 | | |
---|
961 | 961 | | LCO No. 2114 27 of 47 |
---|
962 | 962 | | |
---|
963 | 963 | | a description sufficiently detailed so as to apprise persons likely to be 810 |
---|
964 | 964 | | affected of the issues and subjects involved in the proposed procedure, 811 |
---|
965 | 965 | | (2) a statement of the purposes for which the procedure is proposed, and 812 |
---|
966 | 966 | | (3) when, where and how interested persons may present their views on 813 |
---|
967 | 967 | | the proposed procedure. A quasi-public agency may only adopt a 814 |
---|
968 | 968 | | proposed procedure by a two-thirds vote of the full membership of the 815 |
---|
969 | 969 | | board of directors of the quasi-public agency. 816 |
---|
970 | 970 | | (b) If a quasi-public agency finds that an imminent peril to the public 817 |
---|
971 | 971 | | health, safety or welfare requires adoption of a proposed procedure 818 |
---|
972 | 972 | | upon fewer than thirty days' notice, states in writing its reasons for such 819 |
---|
973 | 973 | | finding and the agency's board of directors, by a three-fourths vote of 820 |
---|
974 | 974 | | the statutory membership, approves the finding in writing, the agency 821 |
---|
975 | 975 | | may proceed, without prior notice or hearing or upon any abbreviated 822 |
---|
976 | 976 | | notice and hearing that it finds practicable, to adopt an emergency 823 |
---|
977 | 977 | | proposed procedure not later than ten days, excluding Saturdays, 824 |
---|
978 | 978 | | Sundays and holidays, prior to the proposed effective date of the 825 |
---|
979 | 979 | | proposed procedure. An approved emergency procedure may be 826 |
---|
980 | 980 | | effective for a period of not more than one hundred twenty days and 827 |
---|
981 | 981 | | renewable once for a period of not more than sixty days. If the necessary 828 |
---|
982 | 982 | | steps to adopt a permanent procedure, including publication of notice 829 |
---|
983 | 983 | | of intent to adopt, are not completed prior to the expiration date of an 830 |
---|
984 | 984 | | emergency procedure, the emergency procedure shall cease to be 831 |
---|
985 | 985 | | effective on that date. 832 |
---|
986 | 986 | | [(c) The provisions of subsections (a) and (b) of this section shall not 833 |
---|
987 | 987 | | apply to the Connecticut Lottery Corporation, established pursuant to 834 |
---|
988 | 988 | | section 12-802, prior to July 1, 1997.] 835 |
---|
989 | 989 | | Sec. 24. Section 1-125 of the 2020 supplement to the general statutes 836 |
---|
990 | 990 | | is repealed and the following is substituted in lieu thereof (Effective 837 |
---|
991 | 991 | | January 1, 2021): 838 |
---|
992 | 992 | | The directors, officers and employees of Connecticut Innovations, 839 |
---|
993 | 993 | | Incorporated, the Connecticut Higher Education Supplemental Loan 840 |
---|
994 | 994 | | Authority, the Connecticut Student Loan Foundation, the Connecticut 841 Raised Bill No. 5320 |
---|
995 | 995 | | |
---|
996 | 996 | | |
---|
997 | 997 | | |
---|
998 | 998 | | LCO No. 2114 28 of 47 |
---|
999 | 999 | | |
---|
1000 | 1000 | | Housing Finance Authority, the Connecticut Housing Authority, the 842 |
---|
1001 | 1001 | | Materials Innovation and Recycling Authority, including ad hoc 843 |
---|
1002 | 1002 | | members of the Materials Innovation and Recycling Authority, the 844 |
---|
1003 | 1003 | | Connecticut Health and Educational Facilities Authority, the Capital 845 |
---|
1004 | 1004 | | Region Development Authority, the Connecticut Airport Authority, 846 |
---|
1005 | 1005 | | [the Connecticut Lottery Corporation,] the Connecticut Health 847 |
---|
1006 | 1006 | | Insurance Exchange, the Connecticut Green Bank, the Connecticut 848 |
---|
1007 | 1007 | | Retirement Security Authority, the Connecticut Port Authority, the 849 |
---|
1008 | 1008 | | Connecticut Municipal Redevelopment Authority, the State Education 850 |
---|
1009 | 1009 | | Resource Center and the Paid Family and Medical Leave Insurance 851 |
---|
1010 | 1010 | | Authority and any person executing the bonds or notes of the agency 852 |
---|
1011 | 1011 | | shall not be liable personally on such bonds or notes or be subject to any 853 |
---|
1012 | 1012 | | personal liability or accountability by reason of the issuance thereof, nor 854 |
---|
1013 | 1013 | | shall any director or employee of the agency, including ad hoc members 855 |
---|
1014 | 1014 | | of the Materials Innovation and Recycling Authority, be personally 856 |
---|
1015 | 1015 | | liable for damage or injury, not wanton, reckless, wilful or malicious, 857 |
---|
1016 | 1016 | | caused in the performance of his or her duties and within the scope of 858 |
---|
1017 | 1017 | | his or her employment or appointment as such director, officer or 859 |
---|
1018 | 1018 | | employee, including ad hoc members of the Materials Innovation and 860 |
---|
1019 | 1019 | | Recycling Authority. The agency shall protect, save harmless and 861 |
---|
1020 | 1020 | | indemnify its directors, officers or employees, including ad hoc 862 |
---|
1021 | 1021 | | members of the Materials Innovation and Recycling Authority, from 863 |
---|
1022 | 1022 | | financial loss and expense, including legal fees and costs, if any, arising 864 |
---|
1023 | 1023 | | out of any claim, demand, suit or judgment by reason of alleged 865 |
---|
1024 | 1024 | | negligence or alleged deprivation of any person's civil rights or any 866 |
---|
1025 | 1025 | | other act or omission resulting in damage or injury, if the director, 867 |
---|
1026 | 1026 | | officer or employee, including ad hoc members of the Materials 868 |
---|
1027 | 1027 | | Innovation and Recycling Authority, is found to have been acting in the 869 |
---|
1028 | 1028 | | discharge of his or her duties or within the scope of his or her 870 |
---|
1029 | 1029 | | employment and such act or omission is found not to have been wanton, 871 |
---|
1030 | 1030 | | reckless, wilful or malicious. 872 |
---|
1031 | 1031 | | Sec. 25. Subsection (d) of section 4-66k of the 2020 supplement to the 873 |
---|
1032 | 1032 | | general statutes is repealed and the following is substituted in lieu 874 |
---|
1033 | 1033 | | thereof (Effective January 1, 2021): 875 Raised Bill No. 5320 |
---|
1034 | 1034 | | |
---|
1035 | 1035 | | |
---|
1036 | 1036 | | |
---|
1037 | 1037 | | LCO No. 2114 29 of 47 |
---|
1038 | 1038 | | |
---|
1039 | 1039 | | (d) There is established a regionalization subaccount within the 876 |
---|
1040 | 1040 | | regional planning incentive account. If the [Connecticut Lottery 877 |
---|
1041 | 1041 | | Corporation] Department of Consumer Protection offers online its 878 |
---|
1042 | 1042 | | existing lottery draw games through the corporation's Internet web site, 879 |
---|
1043 | 1043 | | online service or mobile application, the revenue from such online 880 |
---|
1044 | 1044 | | offering that exceeds an amount equivalent to the costs of the debt-free 881 |
---|
1045 | 1045 | | community college program under section 10a-174 shall be deposited in 882 |
---|
1046 | 1046 | | the subaccount, or, if such online offering is not established, the amount 883 |
---|
1047 | 1047 | | provided under subsection (b) of section 364 of public act 19-117* for 884 |
---|
1048 | 1048 | | regionalization initiatives shall be deposited in the subaccount. Moneys 885 |
---|
1049 | 1049 | | in the subaccount shall be expended only for the purposes 886 |
---|
1050 | 1050 | | recommended by the task force established under section 4-66s. 887 |
---|
1051 | 1051 | | Sec. 26. Subsection (f) of section 5-263b of the 2020 supplement to the 888 |
---|
1052 | 1052 | | general statutes is repealed and the following is substituted in lieu 889 |
---|
1053 | 1053 | | thereof (Effective January 1, 2021): 890 |
---|
1054 | 1054 | | (f) Any suggestion that involves the following shall not be eligible for 891 |
---|
1055 | 1055 | | an award under this section: (1) Deferred maintenance or replacement 892 |
---|
1056 | 1056 | | of essential equipment and supplies; (2) individual employee 893 |
---|
1057 | 1057 | | compensation or position classification; (3) personal grievances or 894 |
---|
1058 | 1058 | | complaints; (4) suggestions that require a change to or that conflict with, 895 |
---|
1059 | 1059 | | federal or state law; (5) suggestions already submitted by another 896 |
---|
1060 | 1060 | | employee; (6) matters resulting from an agency audit, study, survey, 897 |
---|
1061 | 1061 | | review or research; (7) suggestions that involve correcting a condition 898 |
---|
1062 | 1062 | | that exists because established procedures are not being followed; (8) 899 |
---|
1063 | 1063 | | suggestions that constitute opinions only, and which cannot be 900 |
---|
1064 | 1064 | | supported by demonstrating a better idea, and the need for same; (9) 901 |
---|
1065 | 1065 | | suggestions concerning any matter subject to collective bargaining; (10) 902 |
---|
1066 | 1066 | | suggestions circumventing competitive procurement procedures 903 |
---|
1067 | 1067 | | provided by state law or policy; (11) suggestions which recommend or 904 |
---|
1068 | 1068 | | require formal studies, surveys, investigation or similar research 905 |
---|
1069 | 1069 | | activity to establish the benefits of a suggestion referred to; (12) 906 |
---|
1070 | 1070 | | suggestions which are hypothetical, vague, based on inconclusive 907 |
---|
1071 | 1071 | | justification or deal with generalities; (13) suggestions concerning the 908 |
---|
1072 | 1072 | | structure of lottery games conducted by the [Connecticut Lottery 909 Raised Bill No. 5320 |
---|
1073 | 1073 | | |
---|
1074 | 1074 | | |
---|
1075 | 1075 | | |
---|
1076 | 1076 | | LCO No. 2114 30 of 47 |
---|
1077 | 1077 | | |
---|
1078 | 1078 | | Corporation] Department of Consumer Protection, including, but not 910 |
---|
1079 | 1079 | | limited to, game design, prize patterns, draw dates and draw frequency; 911 |
---|
1080 | 1080 | | (14) any suggestion made by the agency suggestion coordinator or 912 |
---|
1081 | 1081 | | agency or department head; (15) suggestions concerning a practice that 913 |
---|
1082 | 1082 | | is an alleged gross waste of funds that the suggesting employee 914 |
---|
1083 | 1083 | | participated in committing; and (16) any suggestion resulting in less 915 |
---|
1084 | 1084 | | than ten thousand dollars in estimated savings to the agency. 916 |
---|
1085 | 1085 | | Sec. 27. Section 10-183vv of the 2020 supplement to the general 917 |
---|
1086 | 1086 | | statutes is repealed and the following is substituted in lieu thereof 918 |
---|
1087 | 1087 | | (Effective January 1, 2021): 919 |
---|
1088 | 1088 | | (a) There is established the Connecticut Teachers' Retirement Fund 920 |
---|
1089 | 1089 | | Bonds Special Capital Reserve Fund, which shall contain any moneys 921 |
---|
1090 | 1090 | | required by law to be deposited in the fund, including, but not limited 922 |
---|
1091 | 1091 | | to, deposits from the [Connecticut Lottery Corporation] Department of 923 |
---|
1092 | 1092 | | Consumer Protection in accordance with section 12-812, as amended by 924 |
---|
1093 | 1093 | | this act. The purpose of the fund shall be to provide, and it is determined 925 |
---|
1094 | 1094 | | that such fund does provide, adequate provision for the protection of 926 |
---|
1095 | 1095 | | the holders of bonds of the state issued pursuant to section 10-183qq and 927 |
---|
1096 | 1096 | | any bonds refunding such bonds. The fund shall secure the payment of 928 |
---|
1097 | 1097 | | the principal of and interest on such bonds and shall be held in trust for 929 |
---|
1098 | 1098 | | the benefit of the holders of the bonds secured thereby, separate and 930 |
---|
1099 | 1099 | | apart from other funds of the state. During any period when any bonds 931 |
---|
1100 | 1100 | | secured by the fund remain outstanding, amounts on deposit in the 932 |
---|
1101 | 1101 | | fund shall not be commingled with other state funds and the state shall 933 |
---|
1102 | 1102 | | have no claim to or against, or interest in, the fund, except as hereinafter 934 |
---|
1103 | 1103 | | provided. Amounts in such fund shall be deposited in a separate 935 |
---|
1104 | 1104 | | account or accounts in a trust company or bank having the powers of a 936 |
---|
1105 | 1105 | | trust company within the state, which shall serve as the trustee of the 937 |
---|
1106 | 1106 | | fund. The Treasurer shall enter into an agreement with such trust 938 |
---|
1107 | 1107 | | company or bank in accordance with the provisions of this section, 939 |
---|
1108 | 1108 | | sections 10-183b, 10-183z, 10-183ww, 12-801, as amended by this act, 12-940 |
---|
1109 | 1109 | | 806, as amended by this act, and 12-812, as amended by this act, and 941 |
---|
1110 | 1110 | | section 90 of public act 19-117. 942 Raised Bill No. 5320 |
---|
1111 | 1111 | | |
---|
1112 | 1112 | | |
---|
1113 | 1113 | | |
---|
1114 | 1114 | | LCO No. 2114 31 of 47 |
---|
1115 | 1115 | | |
---|
1116 | 1116 | | (b) The moneys held in the Connecticut Teachers' Retirement Fund 943 |
---|
1117 | 1117 | | Bonds Special Capital Reserve Fund, except as provided in this section, 944 |
---|
1118 | 1118 | | shall be pledged to payment on bonds secured by the fund and shall be 945 |
---|
1119 | 1119 | | used solely for the payment of the principal of bonds secured by the 946 |
---|
1120 | 1120 | | fund as such bonds become due by reason of maturity or sinking fund 947 |
---|
1121 | 1121 | | redemption, the purchase of such bonds, the payment of interest on such 948 |
---|
1122 | 1122 | | bonds and the payment of any redemption premium required to be paid 949 |
---|
1123 | 1123 | | when such bonds are redeemed prior to maturity. In the event the state 950 |
---|
1124 | 1124 | | has not otherwise timely made available moneys to pay principal or 951 |
---|
1125 | 1125 | | interest due on such bonds, the Treasurer shall direct the trustee of the 952 |
---|
1126 | 1126 | | fund to transfer from the fund to the paying agent for such bonds the 953 |
---|
1127 | 1127 | | amount necessary to timely pay such principal or interest then due. 954 |
---|
1128 | 1128 | | Except for the payment of the principal of bonds secured by the fund as 955 |
---|
1129 | 1129 | | such bonds become due and the payment of interest on such bonds, no 956 |
---|
1130 | 1130 | | moneys shall be withdrawn from the fund in such amount as would 957 |
---|
1131 | 1131 | | reduce the amount on deposit in the fund to less than the required 958 |
---|
1132 | 1132 | | minimum capital reserve. The pledge made by the state pursuant to this 959 |
---|
1133 | 1133 | | section shall be valid and binding from the time when the pledge is 960 |
---|
1134 | 1134 | | made. The lien of such pledge shall be valid and binding as against all 961 |
---|
1135 | 1135 | | parties having claims of any kind in tort, contract or otherwise against 962 |
---|
1136 | 1136 | | the state, irrespective of whether the parties have notice of the claims. 963 |
---|
1137 | 1137 | | Notwithstanding any provision of the Uniform Commercial Code, no 964 |
---|
1138 | 1138 | | instrument by which such pledge is created need be recorded or filed. 965 |
---|
1139 | 1139 | | Any moneys so pledged and later received by the state shall be subject 966 |
---|
1140 | 1140 | | immediately to the lien of the pledge without any physical delivery 967 |
---|
1141 | 1141 | | thereof or further act and such lien shall have priority over all other 968 |
---|
1142 | 1142 | | liens. For the purpose of evaluation of such fund, obligations acquired 969 |
---|
1143 | 1143 | | as an investment shall be valued at market. For purposes of this section, 970 |
---|
1144 | 1144 | | "required minimum capital reserve" means the maximum amount of 971 |
---|
1145 | 1145 | | principal and interest becoming due on bonds of the state issued 972 |
---|
1146 | 1146 | | pursuant to section 10-183qq, and any bonds refunding such bonds then 973 |
---|
1147 | 1147 | | outstanding, by reason of maturity or a required sinking fund 974 |
---|
1148 | 1148 | | installment in any succeeding fiscal year. 975 |
---|
1149 | 1149 | | (c) The amounts payable from the [Connecticut Lottery Corporation] 976 Raised Bill No. 5320 |
---|
1150 | 1150 | | |
---|
1151 | 1151 | | |
---|
1152 | 1152 | | |
---|
1153 | 1153 | | LCO No. 2114 32 of 47 |
---|
1154 | 1154 | | |
---|
1155 | 1155 | | Department of Consumer Protection into such fund as provided in 977 |
---|
1156 | 1156 | | section 12-812, as amended by this act, shall be sufficient for the 978 |
---|
1157 | 1157 | | payment of the principal of and interest on the bonds secured by the 979 |
---|
1158 | 1158 | | Connecticut Teachers' Retirement Fund Bonds Special Capital Reserve 980 |
---|
1159 | 1159 | | Fund when due, whether at maturity or by mandatory sinking fund 981 |
---|
1160 | 1160 | | installments. 982 |
---|
1161 | 1161 | | (d) The Treasurer shall certify to the Governor, the Teachers' 983 |
---|
1162 | 1162 | | Retirement Board and the [president of the Connecticut Lottery 984 |
---|
1163 | 1163 | | Corporation] Department of Consumer Protection the amount on 985 |
---|
1164 | 1164 | | deposit in the Connecticut Teachers' Retirement Fund Bonds Special 986 |
---|
1165 | 1165 | | Capital Reserve Fund when such amount first equals or exceeds the 987 |
---|
1166 | 1166 | | required minimum capital reserve. Whenever the amount on deposit in 988 |
---|
1167 | 1167 | | the fund is in excess of the required minimum capital reserve, the 989 |
---|
1168 | 1168 | | Treasurer may direct the trustee for the fund to remit to the Treasurer 990 |
---|
1169 | 1169 | | for deposit into the General Fund any amount in excess of the required 991 |
---|
1170 | 1170 | | minimum capital reserve. 992 |
---|
1171 | 1171 | | (e) The Connecticut Teachers' Retirement Fund Bonds Special Capital 993 |
---|
1172 | 1172 | | Reserve Fund shall terminate and, upon direction of the Treasurer, any 994 |
---|
1173 | 1173 | | moneys remaining therein shall be transferred to the Budget Reserve 995 |
---|
1174 | 1174 | | Fund, established in section 4-30a: (1) Upon payment in full of the 996 |
---|
1175 | 1175 | | principal and interest on all bonds secured by the fund; (2) if there has 997 |
---|
1176 | 1176 | | been deposited in an irrevocable trust for the benefit of the holders of 998 |
---|
1177 | 1177 | | the bonds secured by the fund either (A) moneys in an amount that shall 999 |
---|
1178 | 1178 | | be sufficient to pay, when due, the principal of and interest on such 1000 |
---|
1179 | 1179 | | bonds, and any redemption premium required to be paid when such 1001 |
---|
1180 | 1180 | | bonds are redeemed prior to maturity, or (B) noncallable and 1002 |
---|
1181 | 1181 | | nonprepayable direct obligations of, or obligations the timely payment 1003 |
---|
1182 | 1182 | | of principal of and interest on which are unconditionally guaranteed by, 1004 |
---|
1183 | 1183 | | the United States of America, the principal of and the interest on which 1005 |
---|
1184 | 1184 | | when due, without reinvestment, will provide moneys that together 1006 |
---|
1185 | 1185 | | with the moneys, if any, deposited with the trustee at the same time, 1007 |
---|
1186 | 1186 | | shall be sufficient to pay when due the principal of and interest on such 1008 |
---|
1187 | 1187 | | bonds, and any redemption premium required to be paid when such 1009 |
---|
1188 | 1188 | | bonds are redeemed prior to maturity; (3) if the amount of the annual 1010 Raised Bill No. 5320 |
---|
1189 | 1189 | | |
---|
1190 | 1190 | | |
---|
1191 | 1191 | | |
---|
1192 | 1192 | | LCO No. 2114 33 of 47 |
---|
1193 | 1193 | | |
---|
1194 | 1194 | | required contribution to the fund for the Connecticut teachers' 1011 |
---|
1195 | 1195 | | retirement system is determined in accordance with the provisions of 1012 |
---|
1196 | 1196 | | subsection (b) of section 10-183l and section 10-183z, as such sections 1013 |
---|
1197 | 1197 | | were in effect on April 30, 2008; or (4) if the Teachers' Retirement Board 1014 |
---|
1198 | 1198 | | fails to approve the credited interest percentage for member accounts 1015 |
---|
1199 | 1199 | | and return assumption in accordance with subsection (a) of section 10-1016 |
---|
1200 | 1200 | | 183ww. 1017 |
---|
1201 | 1201 | | (f) Pending the use or application of amounts in the fund, moneys in 1018 |
---|
1202 | 1202 | | the fund may be invested and reinvested at the direction of the 1019 |
---|
1203 | 1203 | | Treasurer in such obligations, securities and investments as are set forth 1020 |
---|
1204 | 1204 | | in subsection (f) of section 3-20 and in participation certificates in the 1021 |
---|
1205 | 1205 | | Short Term Investment Fund created under section 3-27a. 1022 |
---|
1206 | 1206 | | (g) The state pledges to the holders of the bonds of the state issued 1023 |
---|
1207 | 1207 | | pursuant to section 10-183qq, and any bonds refunding such bonds, that 1024 |
---|
1208 | 1208 | | the state shall not limit or alter the rights of such holders under this 1025 |
---|
1209 | 1209 | | section or reduce the transfer or deposit of moneys into the fund 1026 |
---|
1210 | 1210 | | pursuant to section 10-183ww or section 12-812, as amended by this act, 1027 |
---|
1211 | 1211 | | until all such bonds are fully paid or until provision for the payment of 1028 |
---|
1212 | 1212 | | such bonds has been made as provided in subdivision (2) of subsection 1029 |
---|
1213 | 1213 | | (e) of this section, provided nothing contained in this section shall 1030 |
---|
1214 | 1214 | | preclude such limitation, alteration or reduction if adequate provision 1031 |
---|
1215 | 1215 | | is made by law for the protection of the holders of such bonds. 1032 |
---|
1216 | 1216 | | Sec. 28. Section 12-568a of the general statutes is repealed and the 1033 |
---|
1217 | 1217 | | following is substituted in lieu thereof (Effective January 1, 2021): 1034 |
---|
1218 | 1218 | | The Department of Consumer Protection shall adopt regulations, in 1035 |
---|
1219 | 1219 | | accordance with chapter 54, for the purpose of assuring the integrity of 1036 |
---|
1220 | 1220 | | the state lottery. [, concerning the regulation of the state lottery under 1037 |
---|
1221 | 1221 | | the operation and management of the Connecticut Lottery Corporation.] 1038 |
---|
1222 | 1222 | | Such regulations shall include: (1) The licensing of [employees of the 1039 |
---|
1223 | 1223 | | Connecticut Lottery Corporation and] any person or business 1040 |
---|
1224 | 1224 | | organization awarded the primary contract by [said corporation] the 1041 |
---|
1225 | 1225 | | department to provide facilities, components, goods or services which 1042 Raised Bill No. 5320 |
---|
1226 | 1226 | | |
---|
1227 | 1227 | | |
---|
1228 | 1228 | | |
---|
1229 | 1229 | | LCO No. 2114 34 of 47 |
---|
1230 | 1230 | | |
---|
1231 | 1231 | | are necessary for the operation of the activities authorized by chapter 1043 |
---|
1232 | 1232 | | 229a; [(2) the approval of procedures of the corporation; (3) the time 1044 |
---|
1233 | 1233 | | period for complying with the regulations governing said approval of 1045 |
---|
1234 | 1234 | | procedures; (4)] (2) offerings of lottery games; [(5)] (3) minimum prize 1046 |
---|
1235 | 1235 | | payouts and payments; [(6)] (4) regulation of lottery sales agents 1047 |
---|
1236 | 1236 | | including qualifications for licensure and license suspension and 1048 |
---|
1237 | 1237 | | revocation; [(7)] (5) assurance of the integrity of the state lottery 1049 |
---|
1238 | 1238 | | including the computer gaming system, computer internal control and 1050 |
---|
1239 | 1239 | | system testing; and [(8)] (6) limitations on advertising and marketing 1051 |
---|
1240 | 1240 | | content to assure public information as to the odds of winning the 1052 |
---|
1241 | 1241 | | lottery and the prohibition of sales of tickets to minors. 1053 |
---|
1242 | 1242 | | Sec. 29. Section 12-569 of the general statutes is repealed and the 1054 |
---|
1243 | 1243 | | following is substituted in lieu thereof (Effective January 1, 2021): 1055 |
---|
1244 | 1244 | | (a) If the [president of the Connecticut Lottery Corporation] 1056 |
---|
1245 | 1245 | | Commissioner of Consumer Protection determines that any lottery sales 1057 |
---|
1246 | 1246 | | agent has breached such agent's fiduciary responsibility to the 1058 |
---|
1247 | 1247 | | [corporation] department in that the account of such lottery sales agent 1059 |
---|
1248 | 1248 | | with respect to moneys received from the sale of lottery tickets has 1060 |
---|
1249 | 1249 | | become delinquent in accordance with regulations adopted as provided 1061 |
---|
1250 | 1250 | | in section 12-568a, as amended by this act, [the president shall notify the 1062 |
---|
1251 | 1251 | | commissioner of the breach of fiduciary duty and] the commissioner 1063 |
---|
1252 | 1252 | | shall impose a delinquency assessment upon such account equal to ten 1064 |
---|
1253 | 1253 | | per cent of the amount due or ten dollars, whichever amount is greater, 1065 |
---|
1254 | 1254 | | plus interest at the rate of one and one-half per cent of such amount for 1066 |
---|
1255 | 1255 | | each month or fraction of a month from the date such amount is due to 1067 |
---|
1256 | 1256 | | the date of payment. Subject to the provisions of section 12-3a, the 1068 |
---|
1257 | 1257 | | commissioner may waive all or part of the penalties provided under this 1069 |
---|
1258 | 1258 | | subsection when it is proven to the commissioner's satisfaction that the 1070 |
---|
1259 | 1259 | | failure to pay such moneys to the state within the time allowed was due 1071 |
---|
1260 | 1260 | | to reasonable cause and was not intentional or due to neglect. Any such 1072 |
---|
1261 | 1261 | | delinquent lottery sales agent shall be notified of such delinquency 1073 |
---|
1262 | 1262 | | assessment and shall be afforded an opportunity to contest the validity 1074 |
---|
1263 | 1263 | | and amount of such assessment before the commissioner who may 1075 |
---|
1264 | 1264 | | conduct such hearing. [Upon request of the president of the Connecticut 1076 Raised Bill No. 5320 |
---|
1265 | 1265 | | |
---|
1266 | 1266 | | |
---|
1267 | 1267 | | |
---|
1268 | 1268 | | LCO No. 2114 35 of 47 |
---|
1269 | 1269 | | |
---|
1270 | 1270 | | Lottery Corporation, the] The commissioner may prepare and sign a 1077 |
---|
1271 | 1271 | | warrant directed to any state marshal, constable or any collection agent 1078 |
---|
1272 | 1272 | | employed by the [Connecticut Lottery Corporation] department for 1079 |
---|
1273 | 1273 | | distraint upon any property of such delinquent lottery sales agent 1080 |
---|
1274 | 1274 | | within the state, whether personal or real property. An itemized bill 1081 |
---|
1275 | 1275 | | shall be attached to the warrant certified by the commissioner as a true 1082 |
---|
1276 | 1276 | | statement of the amount due from such lottery sales agent. Such warrant 1083 |
---|
1277 | 1277 | | shall have the same force and effect as an execution issued in accordance 1084 |
---|
1278 | 1278 | | with chapter 906. Such warrant shall be levied on any real, personal, 1085 |
---|
1279 | 1279 | | tangible or intangible property of such agent and sale made pursuant to 1086 |
---|
1280 | 1280 | | such warrant in the same manner and with the same force and effect as 1087 |
---|
1281 | 1281 | | a levy and sale pursuant to an execution. 1088 |
---|
1282 | 1282 | | (b) The commissioner shall adopt regulations in accordance with 1089 |
---|
1283 | 1283 | | chapter 54 to carry out the purposes of this section. 1090 |
---|
1284 | 1284 | | Sec. 30. Subsection (g) of section 12-707 of the general statutes is 1091 |
---|
1285 | 1285 | | repealed and the following is substituted in lieu thereof (Effective January 1092 |
---|
1286 | 1286 | | 1, 2021): 1093 |
---|
1287 | 1287 | | (g) As used in this section and sections 12-705 and 12-706: 1094 |
---|
1288 | 1288 | | (1) "Employer" means an employer, as defined in Section 3401 of the 1095 |
---|
1289 | 1289 | | Internal Revenue Code; 1096 |
---|
1290 | 1290 | | (2) "Payer" means a person making a payment of nonpayroll amounts 1097 |
---|
1291 | 1291 | | to one or more payees; 1098 |
---|
1292 | 1292 | | (3) "Payee" means a person receiving a payment of nonpayroll 1099 |
---|
1293 | 1293 | | amounts from a payer; 1100 |
---|
1294 | 1294 | | (4) "Nonpayroll amounts" includes (A) gambling winnings, other 1101 |
---|
1295 | 1295 | | than Connecticut lottery winnings, that are paid to a resident, or to a 1102 |
---|
1296 | 1296 | | person receiving payment on behalf of a resident, and that are subject to 1103 |
---|
1297 | 1297 | | federal income tax withholding; (B) Connecticut lottery winnings that 1104 |
---|
1298 | 1298 | | are required to be reported by the [Connecticut Lottery Corporation] 1105 |
---|
1299 | 1299 | | Department of Consumer Protection to the Internal Revenue Service, 1106 Raised Bill No. 5320 |
---|
1300 | 1300 | | |
---|
1301 | 1301 | | |
---|
1302 | 1302 | | |
---|
1303 | 1303 | | LCO No. 2114 36 of 47 |
---|
1304 | 1304 | | |
---|
1305 | 1305 | | whether or not subject to federal income tax withholding, whether paid 1107 |
---|
1306 | 1306 | | to a resident, nonresident or a part-year resident, and whether paid to 1108 |
---|
1307 | 1307 | | an individual, trust or estate; (C) pension and annuity distributions, for 1109 |
---|
1308 | 1308 | | which the payer is required to deduct and withhold tax under this 1110 |
---|
1309 | 1309 | | chapter; (D) military retired pay, where the payee is a resident 1111 |
---|
1310 | 1310 | | individual and has requested that tax be deducted and withheld under 1112 |
---|
1311 | 1311 | | this chapter; (E) unemployment compensation, where the recipient has 1113 |
---|
1312 | 1312 | | requested that tax be deducted and withheld under this chapter; and (F) 1114 |
---|
1313 | 1313 | | payments made to an athlete or entertainer, where the payments are not 1115 |
---|
1314 | 1314 | | wages for federal income tax withholding purposes and where the 1116 |
---|
1315 | 1315 | | commissioner requires the payer to deduct and withhold tax under this 1117 |
---|
1316 | 1316 | | chapter; 1118 |
---|
1317 | 1317 | | (5) "Reported liability" means, in the case of an employer, the liability 1119 |
---|
1318 | 1318 | | for the tax required to be deducted and withheld under this chapter, as 1120 |
---|
1319 | 1319 | | shown on the employer's withholding tax returns for the four quarterly 1121 |
---|
1320 | 1320 | | periods within the twelve-month look-back period, and, in the case of a 1122 |
---|
1321 | 1321 | | payer, the liability for the tax required to be deducted and withheld 1123 |
---|
1322 | 1322 | | under this chapter, as shown on the payer's withholding tax return for 1124 |
---|
1323 | 1323 | | the look-back calendar year; 1125 |
---|
1324 | 1324 | | (6) "Twelve-month look-back period" means the twelve-month 1126 |
---|
1325 | 1325 | | period that ended on the June thirtieth next preceding the calendar year 1127 |
---|
1326 | 1326 | | for which the annual determination for an employer is made by the 1128 |
---|
1327 | 1327 | | commissioner; 1129 |
---|
1328 | 1328 | | (7) "Look-back calendar year" means the calendar year preceding by 1130 |
---|
1329 | 1329 | | two years the calendar year for which the annual determination for a 1131 |
---|
1330 | 1330 | | payer is made by the commissioner; 1132 |
---|
1331 | 1331 | | (8) "Seasonal employer" means an employer that regularly in the 1133 |
---|
1332 | 1332 | | same one or more quarterly periods of each calendar year pays no wages 1134 |
---|
1333 | 1333 | | to employees; 1135 |
---|
1334 | 1334 | | (9) "Household employee" means an employee whose services of a 1136 |
---|
1335 | 1335 | | household nature in or about a private home of an employer constitute 1137 |
---|
1336 | 1336 | | domestic service in a private home of the employer, as the phrase is used 1138 Raised Bill No. 5320 |
---|
1337 | 1337 | | |
---|
1338 | 1338 | | |
---|
1339 | 1339 | | |
---|
1340 | 1340 | | LCO No. 2114 37 of 47 |
---|
1341 | 1341 | | |
---|
1342 | 1342 | | in Section 3121(a)(7) of the Internal Revenue Code or in regulations 1139 |
---|
1343 | 1343 | | adopted thereunder; 1140 |
---|
1344 | 1344 | | (10) "Household employer" means an employer of a household 1141 |
---|
1345 | 1345 | | employee; 1142 |
---|
1346 | 1346 | | (11) "Weekly period" means the seven-day period beginning on a 1143 |
---|
1347 | 1347 | | Saturday and ending on the following Friday; and 1144 |
---|
1348 | 1348 | | (12) "Quarterly period" means the period of three full months 1145 |
---|
1349 | 1349 | | beginning on the first day of January, April, July or October. 1146 |
---|
1350 | 1350 | | Sec. 31. Subsection (b) of section 12-711 of the general statutes is 1147 |
---|
1351 | 1351 | | repealed and the following is substituted in lieu thereof (Effective January 1148 |
---|
1352 | 1352 | | 1, 2021): 1149 |
---|
1353 | 1353 | | (b) (1) Items of income, gain, loss and deduction derived from or 1150 |
---|
1354 | 1354 | | connected with sources within this state shall be those items attributable 1151 |
---|
1355 | 1355 | | to: (A) The ownership or disposition of any interest in real property in 1152 |
---|
1356 | 1356 | | this state or tangible personal property in this state, as determined 1153 |
---|
1357 | 1357 | | pursuant to subdivision (6) of this subsection; (B) a business, trade, 1154 |
---|
1358 | 1358 | | profession or occupation carried on in this state; (C) in the case of a 1155 |
---|
1359 | 1359 | | shareholder of an S corporation, the ownership of shares issued by such 1156 |
---|
1360 | 1360 | | corporation, to the extent determined under section 12-712; or (D) 1157 |
---|
1361 | 1361 | | winnings from a wager placed in a lottery conducted by the 1158 |
---|
1362 | 1362 | | [Connecticut Lottery Corporation] Department of Consumer Protection, 1159 |
---|
1363 | 1363 | | if the proceeds from such wager are required, under the Internal 1160 |
---|
1364 | 1364 | | Revenue Code or regulations adopted thereunder, to be reported by the 1161 |
---|
1365 | 1365 | | [Connecticut Lottery Corporation] Department of Consumer Protection 1162 |
---|
1366 | 1366 | | to the Internal Revenue Service. 1163 |
---|
1367 | 1367 | | (2) (A) Before, on and after December 29, 2015, income from a 1164 |
---|
1368 | 1368 | | business, trade, profession or occupation carried on in this state 1165 |
---|
1369 | 1369 | | includes, but is not limited to, compensation paid to a nonresident 1166 |
---|
1370 | 1370 | | natural person for rendering personal services as an employee in this 1167 |
---|
1371 | 1371 | | state. For taxable years commencing on or after January 1, 2016, 1168 |
---|
1372 | 1372 | | compensation for personal services rendered in this state by such 1169 Raised Bill No. 5320 |
---|
1373 | 1373 | | |
---|
1374 | 1374 | | |
---|
1375 | 1375 | | |
---|
1376 | 1376 | | LCO No. 2114 38 of 47 |
---|
1377 | 1377 | | |
---|
1378 | 1378 | | nonresident employee who is present in this state for not more than 1170 |
---|
1379 | 1379 | | fifteen days during a taxable year shall not constitute income derived 1171 |
---|
1380 | 1380 | | from sources within this state. If a nonresident employee is present in 1172 |
---|
1381 | 1381 | | this state for more than fifteen days during a taxable year, all 1173 |
---|
1382 | 1382 | | compensation the employee receives for the rendering of all personal 1174 |
---|
1383 | 1383 | | services in this state during the taxable year shall constitute income 1175 |
---|
1384 | 1384 | | derived from sources within this state during the taxable year. 1176 |
---|
1385 | 1385 | | (B) For purposes of determining whether a nonresident employee is 1177 |
---|
1386 | 1386 | | "present in this state" under subparagraph (A) of this subdivision, 1178 |
---|
1387 | 1387 | | presence in this state for any part of a day constitutes being present in 1179 |
---|
1388 | 1388 | | this state for that entire day unless such presence is solely for the 1180 |
---|
1389 | 1389 | | purpose of transit through this state. The provisions of this 1181 |
---|
1390 | 1390 | | subparagraph shall not apply to subsection (c) of this section or to any 1182 |
---|
1391 | 1391 | | other provision of law unless expressly provided. 1183 |
---|
1392 | 1392 | | (C) For purposes of determining the compensation derived from or 1184 |
---|
1393 | 1393 | | connected with sources within this state, a nonresident natural person 1185 |
---|
1394 | 1394 | | shall include income from days worked outside this state for such 1186 |
---|
1395 | 1395 | | person's convenience if such person's state of domicile uses a similar 1187 |
---|
1396 | 1396 | | test. 1188 |
---|
1397 | 1397 | | (D) The provisions of this subdivision shall not apply to sources of 1189 |
---|
1398 | 1398 | | income from a business, trade, profession, or occupation carried on in 1190 |
---|
1399 | 1399 | | this state other than compensation for personal services rendered by a 1191 |
---|
1400 | 1400 | | nonresident employee, and shall not apply to sources of income derived 1192 |
---|
1401 | 1401 | | by an athlete, entertainer or performing artist, including, but not limited 1193 |
---|
1402 | 1402 | | to, a member of an athletic team. 1194 |
---|
1403 | 1403 | | (3) Income from intangible personal property, including annuities, 1195 |
---|
1404 | 1404 | | dividends, interest and gains from the disposition of intangible personal 1196 |
---|
1405 | 1405 | | property, shall constitute income derived from sources within this state 1197 |
---|
1406 | 1406 | | only to the extent that such income is from (A) property employed in a 1198 |
---|
1407 | 1407 | | business, trade, profession or occupation carried on in this state, or (B) 1199 |
---|
1408 | 1408 | | winnings from a wager placed in a lottery conducted by the 1200 |
---|
1409 | 1409 | | [Connecticut Lottery Corporation] Department of Consumer Protection, 1201 Raised Bill No. 5320 |
---|
1410 | 1410 | | |
---|
1411 | 1411 | | |
---|
1412 | 1412 | | |
---|
1413 | 1413 | | LCO No. 2114 39 of 47 |
---|
1414 | 1414 | | |
---|
1415 | 1415 | | if the proceeds from such wager are required, under the Internal 1202 |
---|
1416 | 1416 | | Revenue Code or regulations adopted thereunder, to be reported by the 1203 |
---|
1417 | 1417 | | [Connecticut Lottery Corporation] Department of Consumer Protection 1204 |
---|
1418 | 1418 | | to the Internal Revenue Service. 1205 |
---|
1419 | 1419 | | (4) Deductions with respect to capital losses and net operating losses 1206 |
---|
1420 | 1420 | | shall be based solely on income, gain, loss and deduction derived from 1207 |
---|
1421 | 1421 | | or connected with sources within this state, under regulations adopted 1208 |
---|
1422 | 1422 | | by the commissioner, but otherwise shall be determined in the same 1209 |
---|
1423 | 1423 | | manner as the corresponding federal deductions. 1210 |
---|
1424 | 1424 | | (5) Income directly or indirectly derived by an athlete, entertainer or 1211 |
---|
1425 | 1425 | | performing artist, including, but not limited to, a member of an athletic 1212 |
---|
1426 | 1426 | | team, from closed-circuit and cable television transmissions of an event, 1213 |
---|
1427 | 1427 | | other than events occurring on a regularly scheduled basis, taking place 1214 |
---|
1428 | 1428 | | within this state as a result of the rendition of services by such athlete, 1215 |
---|
1429 | 1429 | | entertainer or performing artist shall constitute income derived from or 1216 |
---|
1430 | 1430 | | connected with sources within this state only to the extent that such 1217 |
---|
1431 | 1431 | | transmissions were received or exhibited within this state. 1218 |
---|
1432 | 1432 | | (6) For purposes of subparagraph (A) of subdivision (1) of this 1219 |
---|
1433 | 1433 | | subsection, "real property in this state" includes an interest in an entity, 1220 |
---|
1434 | 1434 | | and "entity" means a partnership, limited liability company or S 1221 |
---|
1435 | 1435 | | corporation that owns, directly or indirectly, real property that is located 1222 |
---|
1436 | 1436 | | within this state and has a fair market value that equals or exceeds fifty 1223 |
---|
1437 | 1437 | | per cent of all the assets of the entity on the date of sale or disposition 1224 |
---|
1438 | 1438 | | by a nonresident natural person of such person's interest in the entity. 1225 |
---|
1439 | 1439 | | Only those assets that the entity owned, directly or indirectly, for at least 1226 |
---|
1440 | 1440 | | two years prior to the date of the sale or disposition of the person's 1227 |
---|
1441 | 1441 | | interest in the entity shall be used in determining the fair market value 1228 |
---|
1442 | 1442 | | of all the assets of the entity on the date of such sale or disposition. The 1229 |
---|
1443 | 1443 | | gain or loss derived from Connecticut sources from such person's sale 1230 |
---|
1444 | 1444 | | or disposition of an interest in such entity is the total gain or loss for 1231 |
---|
1445 | 1445 | | federal income tax purposes from such sale or disposition multiplied by 1232 |
---|
1446 | 1446 | | a fraction, the numerator of which is the fair market value of all real 1233 |
---|
1447 | 1447 | | property located in this state owned, directly or indirectly, by the entity 1234 Raised Bill No. 5320 |
---|
1448 | 1448 | | |
---|
1449 | 1449 | | |
---|
1450 | 1450 | | |
---|
1451 | 1451 | | LCO No. 2114 40 of 47 |
---|
1452 | 1452 | | |
---|
1453 | 1453 | | on the date of such sale or disposition, and the denominator of which is 1235 |
---|
1454 | 1454 | | the fair market value of all the assets of the entity on the date of such 1236 |
---|
1455 | 1455 | | sale or disposition. 1237 |
---|
1456 | 1456 | | Sec. 32. Section 15-120mm of the general statutes is repealed and the 1238 |
---|
1457 | 1457 | | following is substituted in lieu thereof (Effective July 1, 2020): 1239 |
---|
1458 | 1458 | | (a) The authority shall be a successor employer to the state and shall 1240 |
---|
1459 | 1459 | | recognize existing bargaining units and collective bargaining 1241 |
---|
1460 | 1460 | | agreements existing at the time of transfer of Bradley and the general 1242 |
---|
1461 | 1461 | | aviation airports to the authority. The employees of the authority shall 1243 |
---|
1462 | 1462 | | be considered state employees under the provisions of sections 5-270 to 1244 |
---|
1463 | 1463 | | 5-280, inclusive. Managerial employees and other employees not 1245 |
---|
1464 | 1464 | | covered by a collective bargaining agreement shall be exempt from the 1246 |
---|
1465 | 1465 | | classified service. With regard to unclassified positions, the authority 1247 |
---|
1466 | 1466 | | shall not be required to comply with personnel policies and procedures 1248 |
---|
1467 | 1467 | | of the Department of Administrative Services and the Office of Policy 1249 |
---|
1468 | 1468 | | and Management with regard to approval for the creation of new 1250 |
---|
1469 | 1469 | | positions, the number of such positions, the decision to fill such 1251 |
---|
1470 | 1470 | | positions or the time for filling such positions. The authority, not the 1252 |
---|
1471 | 1471 | | executive branch, shall have the power to determine whether an 1253 |
---|
1472 | 1472 | | individual is qualified to fill an unclassified position at the authority. 1254 |
---|
1473 | 1473 | | Employees of the authority covered by a collective bargaining 1255 |
---|
1474 | 1474 | | agreement shall be members of the classified service. The authority shall 1256 |
---|
1475 | 1475 | | establish classifications and determine the qualifications and set the 1257 |
---|
1476 | 1476 | | terms and conditions of employment of employees not covered by a 1258 |
---|
1477 | 1477 | | collective bargaining agreement, including the establishment of 1259 |
---|
1478 | 1478 | | compensation and incentive plans. 1260 |
---|
1479 | 1479 | | (b) Existing aviation employees, as defined in section 15-120oo, in 1261 |
---|
1480 | 1480 | | collective bargaining units shall be transferred with their position to the 1262 |
---|
1481 | 1481 | | authority, if, as and when the authority shall have been ceded the 1263 |
---|
1482 | 1482 | | powers of the commissioner to perform the functions performed by 1264 |
---|
1483 | 1483 | | such employees. If the authority elects to employ a smaller number of 1265 |
---|
1484 | 1484 | | persons in such positions at the authority than the number of existing 1266 |
---|
1485 | 1485 | | aviation employees in collective bargaining units, the opportunity to 1267 Raised Bill No. 5320 |
---|
1486 | 1486 | | |
---|
1487 | 1487 | | |
---|
1488 | 1488 | | |
---|
1489 | 1489 | | LCO No. 2114 41 of 47 |
---|
1490 | 1490 | | |
---|
1491 | 1491 | | transfer to the authority shall be offered on the basis of seniority as 1268 |
---|
1492 | 1492 | | defined by statute or collective bargaining agreement. Employees who 1269 |
---|
1493 | 1493 | | are offered the opportunity to transfer to the authority may decline to 1270 |
---|
1494 | 1494 | | do so. Any person who is covered by a collective bargaining agreement 1271 |
---|
1495 | 1495 | | as an employee of the Department of Transportation who accepts 1272 |
---|
1496 | 1496 | | employment with the authority shall transfer with his or her position 1273 |
---|
1497 | 1497 | | and shall remain in the same bargaining unit of which he or she was a 1274 |
---|
1498 | 1498 | | member as an employee of the Department of Transportation. 1275 |
---|
1499 | 1499 | | (c) No employee covered by a collective bargaining agreement as an 1276 |
---|
1500 | 1500 | | employee of the Department of Transportation shall be laid off as a 1277 |
---|
1501 | 1501 | | result of the creation of the authority. Each bargaining unit employee of 1278 |
---|
1502 | 1502 | | the Department of Transportation who does not transfer to the authority 1279 |
---|
1503 | 1503 | | and who, by virtue of sections 15-101l to 15-101n, inclusive, is no longer 1280 |
---|
1504 | 1504 | | employed by the Department of Transportation shall be retained by said 1281 |
---|
1505 | 1505 | | department or assigned with his or her position to another state agency 1282 |
---|
1506 | 1506 | | in accordance with the provisions of the State Employees Bargaining 1283 |
---|
1507 | 1507 | | Agent Coalition agreement. Such opportunities shall be offered in the 1284 |
---|
1508 | 1508 | | order of seniority. Seniority shall be defined in the same way as cases of 1285 |
---|
1509 | 1509 | | transfer under the appropriate collective bargaining agreements. Such 1286 |
---|
1510 | 1510 | | assignments shall be made only with the approval of the Office of Policy 1287 |
---|
1511 | 1511 | | and Management and shall be reported at the end of the fiscal year to 1288 |
---|
1512 | 1512 | | the Finance Advisory Committee. Employees may choose to be laid off 1289 |
---|
1513 | 1513 | | in lieu of accepting any such assignment. In such case, they shall be 1290 |
---|
1514 | 1514 | | entitled to all collective bargaining rights under their respective 1291 |
---|
1515 | 1515 | | collective bargaining agreements including the State Employees 1292 |
---|
1516 | 1516 | | Bargaining Agent Coalition. Sections 1-120, as amended by this act, 1-1293 |
---|
1517 | 1517 | | 121, as amended by this act, 1-125, as amended by this act, 12-563, 12-1294 |
---|
1518 | 1518 | | 563a, 12-564, 12-566, 12-567, 12-568a, as amended by this act, and 12-569, 1295 |
---|
1519 | 1519 | | as amended by this act, and subsection (c) of section 12-574 [and sections 1296 |
---|
1520 | 1520 | | 12-800 to 12-818, inclusive,] shall in no way affect the collective 1297 |
---|
1521 | 1521 | | bargaining rights of employees of the Department of Transportation. 1298 |
---|
1522 | 1522 | | (d) (1) In addition to positions transferred to the authority under 1299 |
---|
1523 | 1523 | | subsection (b) of this section, the authority may create one or more new 1300 |
---|
1524 | 1524 | | classifications of employees as determined by the board of directors. 1301 Raised Bill No. 5320 |
---|
1525 | 1525 | | |
---|
1526 | 1526 | | |
---|
1527 | 1527 | | |
---|
1528 | 1528 | | LCO No. 2114 42 of 47 |
---|
1529 | 1529 | | |
---|
1530 | 1530 | | Such classifications shall not be deemed comparable to other 1302 |
---|
1531 | 1531 | | classifications in state service and shall be exempt from classified 1303 |
---|
1532 | 1532 | | service. 1304 |
---|
1533 | 1533 | | (2) On and after July 1, 2011, the authority may hire employees into 1305 |
---|
1534 | 1534 | | new unclassified positions without regard to any collective bargaining 1306 |
---|
1535 | 1535 | | agreement then in effect and may set the initial terms and conditions of 1307 |
---|
1536 | 1536 | | employment for all employees in new unclassified positions. 1308 |
---|
1537 | 1537 | | (e) The executive branch shall be authorized and empowered to 1309 |
---|
1538 | 1538 | | negotiate on behalf of the authority for employees of the authority 1310 |
---|
1539 | 1539 | | covered by collective bargaining and represent the authority in all other 1311 |
---|
1540 | 1540 | | collective bargaining matters. The authority shall be entitled to have a 1312 |
---|
1541 | 1541 | | representative present at all such bargaining. 1313 |
---|
1542 | 1542 | | (f) In any interest arbitration regarding employees of the authority, 1314 |
---|
1543 | 1543 | | the arbitrator shall take into account as a factor, in addition to those 1315 |
---|
1544 | 1544 | | factors specified in section 5-276a, the purposes of sections 1-120, as 1316 |
---|
1545 | 1545 | | amended by this act, 1-121, as amended by this act, 1-125, as amended 1317 |
---|
1546 | 1546 | | by this act, 12-563, 12-563a, 12-564, 12-566, 12-567, 12-568a, as amended 1318 |
---|
1547 | 1547 | | by this act, and 12-569 [,] and subsection (c) of section 12-574 [and 1319 |
---|
1548 | 1548 | | sections 12-800 to 12-818, inclusive,] the entrepreneurial mission of the 1320 |
---|
1549 | 1549 | | authority and the necessity to provide flexibility and innovation to 1321 |
---|
1550 | 1550 | | facilitate the success of the authority in the marketplace. 1322 |
---|
1551 | 1551 | | (g) The officers and all other employees of the authority shall be state 1323 |
---|
1552 | 1552 | | employees for the purposes of group welfare benefits and retirement, 1324 |
---|
1553 | 1553 | | including, but not limited to, those provided under chapter 66 and 1325 |
---|
1554 | 1554 | | sections 5-257 and 5-259. The authority shall reimburse the appropriate 1326 |
---|
1555 | 1555 | | state agencies for all costs incurred by such designation. 1327 |
---|
1556 | 1556 | | (h) The executive director, as described in subsection (d) of section 1328 |
---|
1557 | 1557 | | 15-120bb, may, at the discretion of the authority and at the one-time 1329 |
---|
1558 | 1558 | | irrevocable option of the executive director, be exempted from the 1330 |
---|
1559 | 1559 | | provision of subsection (g) of this section for the purposes of retirement 1331 |
---|
1560 | 1560 | | under chapter 66 or group welfare benefits under sections 5-257 and 5-1332 |
---|
1561 | 1561 | | 259. If the executive director elects either or both such options, as 1333 Raised Bill No. 5320 |
---|
1562 | 1562 | | |
---|
1563 | 1563 | | |
---|
1564 | 1564 | | |
---|
1565 | 1565 | | LCO No. 2114 43 of 47 |
---|
1566 | 1566 | | |
---|
1567 | 1567 | | approved by the authority, the executive director's participation in the 1334 |
---|
1568 | 1568 | | retirement or group benefits plan, as applicable, shall be suspended 1335 |
---|
1569 | 1569 | | during the period of such election while the executive director is an 1336 |
---|
1570 | 1570 | | employee of the authority. The authority may develop and implement 1337 |
---|
1571 | 1571 | | retirement plans and group welfare benefits for the executive director. 1338 |
---|
1572 | 1572 | | Such plans shall not be subject to supervision, oversight or approval by 1339 |
---|
1573 | 1573 | | the State Employees Retirement Commission under chapter 66 or the 1340 |
---|
1574 | 1574 | | Comptroller, Attorney General or Insurance Commissioner under 1341 |
---|
1575 | 1575 | | chapter 67, provided any such retirement plan shall be considered a 1342 |
---|
1576 | 1576 | | Connecticut retirement plan for purposes of subsection (d) of section 5-1343 |
---|
1577 | 1577 | | 160. The authority shall pay all costs, fees, contributions and other 1344 |
---|
1578 | 1578 | | expenses incurred as a result of any such retirement plan or group 1345 |
---|
1579 | 1579 | | welfare benefit. 1346 |
---|
1580 | 1580 | | Sec. 33. Section 21a-1b of the general statutes is repealed and the 1347 |
---|
1581 | 1581 | | following is substituted in lieu thereof (Effective July 1, 2020): 1348 |
---|
1582 | 1582 | | (a) (1) Wherever the term "executive director of the Division of 1349 |
---|
1583 | 1583 | | Special Revenue" is used in the following general statutes, the term 1350 |
---|
1584 | 1584 | | "Commissioner of Consumer Protection" shall be substituted in lieu 1351 |
---|
1585 | 1585 | | thereof, (2) wherever the term "executive director" is used in the 1352 |
---|
1586 | 1586 | | following general statutes, the term "commissioner" shall be substituted 1353 |
---|
1587 | 1587 | | in lieu thereof, and (3) wherever the term "division" is used in the 1354 |
---|
1588 | 1588 | | following general statutes, the term "department" shall be substituted in 1355 |
---|
1589 | 1589 | | lieu thereof: 7-173, 7-174, 7-177a, 7-178, 7-180 to 7-183, inclusive, 12-560, 1356 |
---|
1590 | 1590 | | 12-561, 12-563, 12-563a, 12-564, 12-564a, 12-565, 12-566, 12-567, 12-568a, 1357 |
---|
1591 | 1591 | | as amended by this act, 12-571, 12-571a, 12-572, 12-573, 12-574, 12-575, 1358 |
---|
1592 | 1592 | | 12-573a, 12-574a, 12-574c, 2-574d, 12-576, 12-578, 12-584, 12-585, [12-1359 |
---|
1593 | 1593 | | 802a,] 12-806, as amended by this act, [12-806a,] 12-807, as amended by 1360 |
---|
1594 | 1594 | | this act, 12-808, as amended by this act, 12-813, as amended by this act, 1361 |
---|
1595 | 1595 | | [12-815,] 12-815a, as amended by this act, 17a-713, as amended by this 1362 |
---|
1596 | 1596 | | act, 29-18c, 30-20 and 53-278g. 1363 |
---|
1597 | 1597 | | (b) Wherever the term "executive director of the Division of Special 1364 |
---|
1598 | 1598 | | Revenue" is used in the general statutes or in any special or public act of 1365 |
---|
1599 | 1599 | | 2011, the term "Commissioner of Consumer Protection" shall be 1366 Raised Bill No. 5320 |
---|
1600 | 1600 | | |
---|
1601 | 1601 | | |
---|
1602 | 1602 | | |
---|
1603 | 1603 | | LCO No. 2114 44 of 47 |
---|
1604 | 1604 | | |
---|
1605 | 1605 | | substituted in lieu thereof. Wherever the term "Division of Special 1367 |
---|
1606 | 1606 | | Revenue" is used in the general statutes or any public or special act of 1368 |
---|
1607 | 1607 | | 2011, the term "Department of Consumer Protection" shall be 1369 |
---|
1608 | 1608 | | substituted in lieu thereof. 1370 |
---|
1609 | 1609 | | (c) The Legislative Commissioners' Office shall, in codifying the 1371 |
---|
1610 | 1610 | | provisions of this section, make such technical, grammatical and 1372 |
---|
1611 | 1611 | | punctuation changes as are necessary to carry out the purposes of this 1373 |
---|
1612 | 1612 | | section. 1374 |
---|
1613 | 1613 | | Sec. 34. Subsection (b) of section 17a-713 of the general statutes is 1375 |
---|
1614 | 1614 | | repealed and the following is substituted in lieu thereof (Effective January 1376 |
---|
1615 | 1615 | | 1, 2021): 1377 |
---|
1616 | 1616 | | (b) The program established by subsection (a) of this section shall be 1378 |
---|
1617 | 1617 | | funded by: [imposition of:] (1) [A] Imposition of a fee of one hundred 1379 |
---|
1618 | 1618 | | thirty-five dollars on each association license, for each performance of 1380 |
---|
1619 | 1619 | | jai alai or dog racing conducted under the provisions of chapter 226, 1381 |
---|
1620 | 1620 | | provided no such licensee shall contribute more than forty-five 1382 |
---|
1621 | 1621 | | thousand dollars in any one year; (2) imposition of a fee of twenty-five 1383 |
---|
1622 | 1622 | | dollars for each teletheater performance on each operator of a teletheater 1384 |
---|
1623 | 1623 | | facility; and (3) the amount received from the Connecticut Lottery 1385 |
---|
1624 | 1624 | | Corporation or the Department of Consumer Protection pursuant to 1386 |
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1625 | 1625 | | section 12-818, as amended by this act. The Commissioner of Consumer 1387 |
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1626 | 1626 | | Protection shall collect the fee from each association licensee or such 1388 |
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1627 | 1627 | | operator on a monthly basis. The receipts shall be deposited in the 1389 |
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1628 | 1628 | | General Fund and credited to a separate, nonlapsing chronic gamblers 1390 |
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1629 | 1629 | | treatment and rehabilitation account which shall be established by the 1391 |
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1630 | 1630 | | Comptroller. All moneys in the account are deemed to be appropriated 1392 |
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1631 | 1631 | | and shall be expended for the purposes established in subsection (a) of 1393 |
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1632 | 1632 | | this section. 1394 |
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1633 | 1633 | | Sec. 35. Subsection (c) of section 52-362d of the general statutes is 1395 |
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1634 | 1634 | | repealed and the following is substituted in lieu thereof (Effective January 1396 |
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1635 | 1635 | | 1, 2021): 1397 |
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1636 | 1636 | | (c) When any person redeems a winning lottery ticket worth five 1398 Raised Bill No. 5320 |
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1637 | 1637 | | |
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1638 | 1638 | | |
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1639 | 1639 | | |
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1640 | 1640 | | LCO No. 2114 45 of 47 |
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1641 | 1641 | | |
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1642 | 1642 | | thousand dollars or more at the central office of the [Connecticut Lottery 1399 |
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1643 | 1643 | | Corporation] Department of Consumer Protection, the [Connecticut 1400 |
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1644 | 1644 | | Lottery Corporation] Department of Consumer Protection shall check 1401 |
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1645 | 1645 | | the name and other identifying information of such person against a list 1402 |
---|
1646 | 1646 | | of obligors supplied by the Commissioner of Social Services. If such 1403 |
---|
1647 | 1647 | | person is included on the list of obligors, the [Connecticut Lottery 1404 |
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1648 | 1648 | | Corporation] Department of Consumer Protection shall request 1405 |
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1649 | 1649 | | confirmation from the Commissioner of Social Services that such person 1406 |
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1650 | 1650 | | is in fact an obligor, and upon notification by the Commissioner of Social 1407 |
---|
1651 | 1651 | | Services that money is due from any such person as a result of a claim 1408 |
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1652 | 1652 | | for support which has been assigned to the state pursuant to section 17b-1409 |
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1653 | 1653 | | 77, or is to be paid to the state acting by and through the IV-D agency, 1410 |
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1654 | 1654 | | the [Connecticut Lottery Corporation] Department of Consumer 1411 |
---|
1655 | 1655 | | Protection shall withhold from any lottery winnings payable to such 1412 |
---|
1656 | 1656 | | person under the provisions of chapter 226 or chapter 229a the amount 1413 |
---|
1657 | 1657 | | of such claim for support owed to an individual for any portion of 1414 |
---|
1658 | 1658 | | support which has not been assigned to the state and then the amount 1415 |
---|
1659 | 1659 | | of such claim for support owed to the state, provided the [Connecticut 1416 |
---|
1660 | 1660 | | Lottery Corporation] Department of Consumer Protection shall notify 1417 |
---|
1661 | 1661 | | such person that (1) lottery winnings have been withheld as a result of 1418 |
---|
1662 | 1662 | | the amount due for such support, and (2) such person has the right to a 1419 |
---|
1663 | 1663 | | hearing before a hearing officer designated by the Commissioner of 1420 |
---|
1664 | 1664 | | Social Services if such person contests the amount of the alleged claim 1421 |
---|
1665 | 1665 | | for support. The [Connecticut Lottery Corporation] Department of 1422 |
---|
1666 | 1666 | | Consumer Protection shall pay any such person in accordance with any 1423 |
---|
1667 | 1667 | | decisions of the hearing officer or the court upon appeal of the hearing 1424 |
---|
1668 | 1668 | | officer's decision. 1425 |
---|
1669 | 1669 | | Sec. 36. Section 52-367c of the general statutes is repealed and the 1426 |
---|
1670 | 1670 | | following is substituted in lieu thereof (Effective January 1, 2021): 1427 |
---|
1671 | 1671 | | (a) Notwithstanding any other provision of the general statutes, on 1428 |
---|
1672 | 1672 | | application of a judgment creditor or his attorney, stating that a 1429 |
---|
1673 | 1673 | | judgment remains unsatisfied and the amount due thereon, and subject 1430 |
---|
1674 | 1674 | | to the expiration of any stay of enforcement and expiration of any right 1431 |
---|
1675 | 1675 | | of appeal, the clerk of the court in which the money judgment was 1432 Raised Bill No. 5320 |
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1676 | 1676 | | |
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1677 | 1677 | | |
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1678 | 1678 | | |
---|
1679 | 1679 | | LCO No. 2114 46 of 47 |
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1680 | 1680 | | |
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1681 | 1681 | | rendered shall issue an execution against any winnings of the judgment 1433 |
---|
1682 | 1682 | | debtor pursuant to chapter 226 or 229a, as the case may be. The 1434 |
---|
1683 | 1683 | | execution shall be directed to (1) the State Comptroller who shall 1435 |
---|
1684 | 1684 | | withhold any order of the State Treasurer, or (2) the [president of the 1436 |
---|
1685 | 1685 | | Connecticut Lottery Corporation] Department of Consumer Protection, 1437 |
---|
1686 | 1686 | | as the case may be, for payment due from winnings pursuant to chapter 1438 |
---|
1687 | 1687 | | 226 or 229a to such judgment debtor until the judgment is satisfied. 1439 |
---|
1688 | 1688 | | (b) The [Connecticut Lottery Corporation] Department of Consumer 1440 |
---|
1689 | 1689 | | Protection may establish a reasonable fee for any administrative 1441 |
---|
1690 | 1690 | | expenses associated with executions made pursuant to subsection (a) of 1442 |
---|
1691 | 1691 | | this section, including the cost to the [Connecticut Lottery Corporation] 1443 |
---|
1692 | 1692 | | Department of Consumer Protection of any fee that may be imposed by 1444 |
---|
1693 | 1693 | | the clerk of the court. The amount of the fee shall reflect the direct and 1445 |
---|
1694 | 1694 | | indirect costs of processing the executions by said corporation. 1446 |
---|
1695 | 1695 | | Sec. 37. Sections 12-570b, 12-800, 12-802, 12-802a, 12-804, 12-805, 12-1447 |
---|
1696 | 1696 | | 806a, 12-806b, 12-809, 12-811, 12-815 and 12-816 of the general statutes 1448 |
---|
1697 | 1697 | | are repealed. (Effective January 1, 2021) 1449 |
---|
1698 | 1698 | | This act shall take effect as follows and shall amend the following |
---|
1699 | 1699 | | sections: |
---|
1700 | 1700 | | |
---|
1701 | 1701 | | Section 1 January 1, 2021 New section |
---|
1702 | 1702 | | Sec. 2 January 1, 2021 12-801 |
---|
1703 | 1703 | | Sec. 3 January 1, 2021 12-803 |
---|
1704 | 1704 | | Sec. 4 January 1, 2021 12-806 |
---|
1705 | 1705 | | Sec. 5 January 1, 2021 12-806c |
---|
1706 | 1706 | | Sec. 6 January 1, 2021 12-806d |
---|
1707 | 1707 | | Sec. 7 January 1, 2021 12-807 |
---|
1708 | 1708 | | Sec. 8 January 1, 2021 12-808 |
---|
1709 | 1709 | | Sec. 9 January 1, 2021 12-810 |
---|
1710 | 1710 | | Sec. 10 January 1, 2021 12-812 |
---|
1711 | 1711 | | Sec. 11 January 1, 2021 12-813(a) |
---|
1712 | 1712 | | Sec. 12 January 1, 2021 12-814 |
---|
1713 | 1713 | | Sec. 13 January 1, 2021 12-815a |
---|
1714 | 1714 | | Sec. 14 January 1, 2021 12-817 |
---|
1715 | 1715 | | Sec. 15 January 1, 2021 12-818 |
---|
1716 | 1716 | | Sec. 16 January 1, 2021 12-829 Raised Bill No. 5320 |
---|
1717 | 1717 | | |
---|
1718 | 1718 | | |
---|
1719 | 1719 | | |
---|
1720 | 1720 | | LCO No. 2114 47 of 47 |
---|
1721 | 1721 | | |
---|
1722 | 1722 | | Sec. 17 January 1, 2021 12-831 |
---|
1723 | 1723 | | Sec. 18 January 1, 2021 12-832 |
---|
1724 | 1724 | | Sec. 19 January 1, 2021 12-833 |
---|
1725 | 1725 | | Sec. 20 January 1, 2021 12-834 |
---|
1726 | 1726 | | Sec. 21 January 1, 2021 1-79(12) |
---|
1727 | 1727 | | Sec. 22 January 1, 2021 1-120 |
---|
1728 | 1728 | | Sec. 23 January 1, 2021 1-121 |
---|
1729 | 1729 | | Sec. 24 January 1, 2021 1-125 |
---|
1730 | 1730 | | Sec. 25 January 1, 2021 4-66k(d) |
---|
1731 | 1731 | | Sec. 26 January 1, 2021 5-263b(f) |
---|
1732 | 1732 | | Sec. 27 January 1, 2021 10-183vv |
---|
1733 | 1733 | | Sec. 28 January 1, 2021 12-568a |
---|
1734 | 1734 | | Sec. 29 January 1, 2021 12-569 |
---|
1735 | 1735 | | Sec. 30 January 1, 2021 12-707(g) |
---|
1736 | 1736 | | Sec. 31 January 1, 2021 12-711(b) |
---|
1737 | 1737 | | Sec. 32 July 1, 2020 15-120mm |
---|
1738 | 1738 | | Sec. 33 July 1, 2020 21a-1b |
---|
1739 | 1739 | | Sec. 34 January 1, 2021 17a-713(b) |
---|
1740 | 1740 | | Sec. 35 January 1, 2021 52-362d(c) |
---|
1741 | 1741 | | Sec. 36 January 1, 2021 52-367c |
---|
1742 | 1742 | | Sec. 37 January 1, 2021 Repealer section |
---|
1743 | 1743 | | |
---|
1744 | 1744 | | Statement of Purpose: |
---|
1745 | 1745 | | To terminate the Connecticut Lottery Corporation and transfer |
---|
1746 | 1746 | | responsibility for operating the lottery to the Department of Consumer |
---|
1747 | 1747 | | Protection. |
---|
1748 | 1748 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
---|
1749 | 1749 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
---|
1750 | 1750 | | underlined.] |
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1751 | 1751 | | |
---|