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6 | 6 | | LCO No. 4403 1 of 22 |
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7 | 7 | | |
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8 | 8 | | General Assembly Raised Bill No. 1012 |
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9 | 9 | | January Session, 2021 |
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10 | 10 | | LCO No. 4403 |
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11 | 11 | | |
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12 | 12 | | |
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13 | 13 | | Referred to Committee on GOVERNMENT ADMINISTRATION |
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14 | 14 | | AND ELECTIONS |
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15 | 15 | | |
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16 | 16 | | |
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17 | 17 | | Introduced by: |
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18 | 18 | | (GAE) |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | AN ACT CONCERNING OP ERATIONS OF THE STATE TREASURER. |
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24 | 24 | | Be it enacted by the Senate and House of Representatives in General |
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25 | 25 | | Assembly convened: |
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26 | 26 | | |
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27 | 27 | | Section 1. Section 8-169oo of the general statutes is repealed and the 1 |
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28 | 28 | | following is substituted in lieu thereof (Effective from passage): 2 |
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29 | 29 | | (a) The board of directors of the Connecticut Municipal 3 |
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30 | 30 | | Redevelopment Authority is authorized from time to time to issue its 4 |
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31 | 31 | | bonds, notes and other obligations in such principal amounts as in the 5 |
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32 | 32 | | opinion of the board shall be necessary to provide sufficient funds for 6 |
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33 | 33 | | carrying out the purposes set forth in section 8-169jj, as amended by this 7 |
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34 | 34 | | act, including the payment, funding or refunding of the principal of, or 8 |
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35 | 35 | | interest or redemption premiums on, any bonds, notes and other 9 |
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36 | 36 | | obligations issued by it, whether the bonds, notes or other obligations 10 |
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37 | 37 | | or interest to be funded or refunded have or have not become due, the 11 |
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38 | 38 | | establishment of reserves to secure such bonds, notes and other 12 |
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39 | 39 | | obligations, loans made by the authority and all other expenditures of 13 |
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40 | 40 | | the authority incident to and necessary or convenient to carry out the 14 |
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41 | 41 | | purposes set forth in section 8-169jj, as amended by this act. 15 Raised Bill No. 1012 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | |
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45 | 45 | | LCO No. 4403 2 of 22 |
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46 | 46 | | |
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47 | 47 | | (b) Every issue of bonds, notes or other obligations shall be a general 16 |
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48 | 48 | | obligation of the authority payable out of any moneys or revenues of the 17 |
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49 | 49 | | authority and subject only to any agreements with the holders of 18 |
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50 | 50 | | particular bonds, notes or other obligations pledging any particular 19 |
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51 | 51 | | moneys or revenues. Any such bonds, notes or other obligations may be 20 |
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52 | 52 | | additionally secured by any grant or contributions from any 21 |
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53 | 53 | | department, agency or instrumentality of the United States or person or 22 |
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54 | 54 | | a pledge of any moneys, income or revenues of the authority from any 23 |
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55 | 55 | | source whatsoever. 24 |
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56 | 56 | | (c) Notwithstanding any other provision of any law, any bonds, notes 25 |
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57 | 57 | | or other obligations issued by the authority pursuant to this section shall 26 |
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58 | 58 | | be fully negotiable within the meaning and for all purposes of title 42a. 27 |
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59 | 59 | | Any such bonds, notes or other obligations shall be legal investments 28 |
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60 | 60 | | for all trust companies, banks, investment companies, savings banks, 29 |
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61 | 61 | | building and loan associations, executors, administrators, guardians, 30 |
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62 | 62 | | conservators, trustees and other fiduciaries and pension, profit-sharing 31 |
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63 | 63 | | and retirement funds. 32 |
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64 | 64 | | (d) Bonds, notes or other obligations of the authority shall be 33 |
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65 | 65 | | authorized by resolution of the board of directors of the authority and 34 |
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66 | 66 | | may be issued in one or more series and shall bear such date or dates, 35 |
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67 | 67 | | mature at such time or times, in the case of any such note, or any renewal 36 |
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68 | 68 | | thereof, not exceeding the term of years as the board shall determine 37 |
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69 | 69 | | from the date of the original issue of such notes, and, in the case of 38 |
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70 | 70 | | bonds, not exceeding thirty years from the date thereof, bear interest at 39 |
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71 | 71 | | such rate or rates, be in such denomination or denominations, be in such 40 |
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72 | 72 | | form, either coupon or registered, carry such conversion or registration 41 |
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73 | 73 | | privileges, have such rank or priority, be executed in such manner, be 42 |
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74 | 74 | | payable from such sources in such medium of payment at such place or 43 |
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75 | 75 | | places within or without this state, and be subject to such terms of 44 |
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76 | 76 | | redemption, with or without premium, as such resolution or resolutions 45 |
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77 | 77 | | may provide. 46 |
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78 | 78 | | (e) Bonds, notes or other obligations of the authority may be sold at 47 |
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79 | 79 | | public or private sale at such price or prices as the board shall determine. 48 Raised Bill No. 1012 |
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80 | 80 | | |
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81 | 81 | | |
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82 | 82 | | |
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83 | 83 | | LCO No. 4403 3 of 22 |
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84 | 84 | | |
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85 | 85 | | (f) Bonds, notes or other obligations of the authority may be refunded 49 |
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86 | 86 | | and renewed from time to time as may be determined by resolution of 50 |
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87 | 87 | | the board, provided any such refunding or renewal shall be in 51 |
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88 | 88 | | conformity with any rights of the holders of such bonds, notes or other 52 |
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89 | 89 | | obligations. 53 |
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90 | 90 | | (g) [Except as provided in section 8-169qq, bonds] Bonds, notes or 54 |
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91 | 91 | | other obligations of the authority issued under the provisions of this 55 |
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92 | 92 | | section shall not be deemed to constitute a debt or liability of the state 56 |
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93 | 93 | | or of any political subdivision thereof other than the authority, or a 57 |
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94 | 94 | | pledge of the faith and credit of the state or of any such political 58 |
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95 | 95 | | subdivision other than the authority, and shall not constitute bonds or 59 |
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96 | 96 | | notes issued or guaranteed by the state within the meaning of section 3-60 |
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97 | 97 | | 21, but shall be payable solely from the funds as provided in this section. 61 |
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98 | 98 | | All such bonds, notes or other obligations shall contain on the face 62 |
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99 | 99 | | thereof a statement to the effect that, unless otherwise provided by law, 63 |
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100 | 100 | | neither the state of Connecticut nor any political subdivision thereof 64 |
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101 | 101 | | other than the authority shall be obligated to pay the same or the interest 65 |
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102 | 102 | | thereof except from revenues or other funds of the authority and that 66 |
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103 | 103 | | neither the faith and credit nor the taxing power of the state of 67 |
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104 | 104 | | Connecticut or of any political subdivision thereof other than the 68 |
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105 | 105 | | authority is pledged to the payment of the principal of, or the interest 69 |
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106 | 106 | | on, such bonds, notes or other obligations. 70 |
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107 | 107 | | (h) Any resolution or resolutions authorizing the issuance of bonds, 71 |
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108 | 108 | | notes or other obligations may contain provisions, except as limited by 72 |
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109 | 109 | | existing agreements with the holders of bonds, notes or other 73 |
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110 | 110 | | obligations, which shall be a part of the contract with the holders 74 |
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111 | 111 | | thereof, as to the following: (1) The pledging of all or any part of the 75 |
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112 | 112 | | moneys received by the authority to secure the payment of the principal 76 |
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113 | 113 | | of and interest on any bonds, notes or other obligations or of any issue 77 |
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114 | 114 | | thereof; (2) the pledging of all or part of the assets of the authority to 78 |
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115 | 115 | | secure the payment of the principal and interest on any bonds, notes or 79 |
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116 | 116 | | other obligations or of any issue thereof; (3) the establishment of 80 |
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117 | 117 | | reserves or sinking funds, the making of charges and fees to provide for 81 |
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118 | 118 | | the same, and the regulation and disposition thereof; (4) limitations on 82 Raised Bill No. 1012 |
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119 | 119 | | |
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120 | 120 | | |
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121 | 121 | | |
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122 | 122 | | LCO No. 4403 4 of 22 |
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123 | 123 | | |
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124 | 124 | | the purpose to which the proceeds of sale of bonds, notes or other 83 |
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125 | 125 | | obligations may be applied and pledging such proceeds to secure the 84 |
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126 | 126 | | payment of the bonds, notes or other obligations, or of any issues 85 |
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127 | 127 | | thereof; (5) limitations on the issuance of additional bonds, notes or 86 |
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128 | 128 | | other obligations, the terms upon which additional bonds, bond 87 |
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129 | 129 | | anticipation notes or other obligations may be issued and secured, the 88 |
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130 | 130 | | refunding or purchase of outstanding bonds, notes or other obligations 89 |
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131 | 131 | | of the authority; (6) the procedure, if any, by which the terms of any 90 |
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132 | 132 | | contract with the holders of any bonds, notes or other obligations of the 91 |
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133 | 133 | | authority may be amended or abrogated, the amount of bonds, notes or 92 |
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134 | 134 | | other obligations the holders of which must consent thereto and the 93 |
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135 | 135 | | manner in which such consent may be given; (7) limitations on the 94 |
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136 | 136 | | amount of moneys to be expended by the authority for operating, 95 |
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137 | 137 | | administrative or other expenses of the authority; (8) the vesting in a 96 |
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138 | 138 | | trustee or trustees of such property, rights, powers and duties in trust as 97 |
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139 | 139 | | the authority may determine, which may include any or all of the rights, 98 |
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140 | 140 | | powers and duties of any trustee appointed by the holders of any bonds, 99 |
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141 | 141 | | notes or other obligations and limiting or abrogating the right of the 100 |
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142 | 142 | | holders of any bonds, notes or other obligations of the authority to 101 |
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143 | 143 | | appoint a trustee or limiting the rights, powers and duties of such 102 |
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144 | 144 | | trustee; (9) provision for a trust agreement by and between the authority 103 |
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145 | 145 | | and a corporate trustee which may be any trust company or bank having 104 |
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146 | 146 | | the powers of a trust company within or without the state, which 105 |
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147 | 147 | | agreement may provide for the pledging or assigning of any assets or 106 |
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148 | 148 | | income from assets to which or in which the authority has any rights or 107 |
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149 | 149 | | interest, and may further provide for such other rights and remedies 108 |
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150 | 150 | | exercisable by the trustee as may be proper for the protection of the 109 |
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151 | 151 | | holders of any bonds, notes or other obligations of the authority and not 110 |
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152 | 152 | | otherwise in violation of law. Such agreement may provide for the 111 |
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153 | 153 | | restriction of the rights of any individual holder of bonds, notes or other 112 |
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154 | 154 | | obligations of the authority. All expenses incurred in carrying out the 113 |
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155 | 155 | | provisions of such trust agreement may be treated as a part of the cost 114 |
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156 | 156 | | of operation of the authority. The trust agreement may contain any 115 |
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157 | 157 | | further provisions which are reasonable to delineate further the 116 |
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158 | 158 | | respective rights, duties, safeguards, responsibilities and liabilities of 117 Raised Bill No. 1012 |
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159 | 159 | | |
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160 | 160 | | |
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161 | 161 | | |
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162 | 162 | | LCO No. 4403 5 of 22 |
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163 | 163 | | |
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164 | 164 | | the authority, individual and collective holders of bonds, notes and 118 |
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165 | 165 | | other obligations of the authority and the trustees; (10) covenants to do 119 |
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166 | 166 | | or refrain from doing such acts and things as may be necessary or 120 |
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167 | 167 | | convenient or desirable in order to better secure any bonds, notes or 121 |
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168 | 168 | | other obligations of the authority, or which, in the discretion of the 122 |
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169 | 169 | | authority, will tend to make any bonds, notes or other obligations to be 123 |
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170 | 170 | | issued more marketable, notwithstanding that such covenants, acts or 124 |
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171 | 171 | | things may not be enumerated herein; and (11) any other matters of like 125 |
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172 | 172 | | or different character, which in any way affect the security or protection 126 |
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173 | 173 | | of the bonds, notes or other obligations. 127 |
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174 | 174 | | (i) Any pledge made by the authority of income, revenues or other 128 |
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175 | 175 | | property shall be valid and binding from the time the pledge is made. 129 |
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176 | 176 | | The income, revenue, such state taxes as the authority shall be entitled 130 |
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177 | 177 | | to receive or other property so pledged and thereafter received by the 131 |
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178 | 178 | | authority shall immediately be subject to the lien of such pledge without 132 |
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179 | 179 | | any physical delivery thereof or further act, and the lien of any such 133 |
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180 | 180 | | pledge shall be valid and binding as against all parties having claims of 134 |
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181 | 181 | | any kind in tort, contract or otherwise against the authority, irrespective 135 |
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182 | 182 | | of whether such parties have notice thereof. 136 |
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183 | 183 | | (j) The board of directors of the authority is authorized and 137 |
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184 | 184 | | empowered to obtain from any department, agency or instrumentality 138 |
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185 | 185 | | of the United States any insurance or guarantee as to, or of or for the 139 |
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186 | 186 | | payment or repayment of, interest or principal or both, or any part 140 |
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187 | 187 | | thereof, on any bonds, notes or other obligations issued by the authority 141 |
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188 | 188 | | pursuant to the provisions of this section and, notwithstanding any 142 |
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189 | 189 | | other provisions of sections 8-169ii to 8-169ss, inclusive, to enter into any 143 |
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190 | 190 | | agreement, contract or any other instrument whatsoever with respect to 144 |
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191 | 191 | | any such insurance or guarantee except to the extent that such action 145 |
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192 | 192 | | would in any way impair or interfere with the authority's ability to 146 |
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193 | 193 | | perform and fulfill the terms of any agreement made with the holders 147 |
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194 | 194 | | of the bonds, bond anticipation notes or other obligations of the 148 |
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195 | 195 | | authority. 149 |
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196 | 196 | | [(k) Neither the members of the board of directors of the authority 150 Raised Bill No. 1012 |
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197 | 197 | | |
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198 | 198 | | |
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199 | 199 | | |
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200 | 200 | | LCO No. 4403 6 of 22 |
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201 | 201 | | |
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202 | 202 | | nor any person executing bonds, notes or other obligations of the 151 |
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203 | 203 | | authority issued pursuant to this section shall be liable personally on 152 |
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204 | 204 | | such bonds, notes or other obligations or be subject to any personal 153 |
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205 | 205 | | liability or accountability by reason of the issuance thereof, nor shall any 154 |
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206 | 206 | | director, officer or employee of the authority be personally liable for 155 |
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207 | 207 | | damage or injury caused in the performance of such director, officer or 156 |
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208 | 208 | | employee's duties and within the scope of employment or appointment 157 |
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209 | 209 | | as such director, officer or employee, provided the conduct of such 158 |
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210 | 210 | | director, officer or employee was found not to have been wanton, 159 |
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211 | 211 | | reckless, wilful or malicious. The authority shall protect, save harmless 160 |
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212 | 212 | | and indemnify its directors, officers or employees from financial loss 161 |
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213 | 213 | | and expense, including legal fees and costs, if any, arising out of any 162 |
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214 | 214 | | claim, demand, suit or judgment by reason of alleged negligence or 163 |
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215 | 215 | | alleged deprivation of any person's civil rights or any other act or 164 |
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216 | 216 | | omission resulting in damage or injury, if the director, officer or 165 |
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217 | 217 | | employee is found to have been acting in the discharge of his or her 166 |
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218 | 218 | | duties or within the scope of his or her employment and such act or 167 |
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219 | 219 | | omission is found not to have been wanton, reckless, wilful or 168 |
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220 | 220 | | malicious.] 169 |
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221 | 221 | | [(l)] (k) The board of directors of the authority [shall have power to] 170 |
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222 | 222 | | may purchase bonds, notes or other obligations of the authority out of 171 |
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223 | 223 | | any funds available for such purpose. The authority may hold, cancel or 172 |
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224 | 224 | | resell such bonds, notes or other obligations subject to and in accordance 173 |
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225 | 225 | | with agreements with holders of its bonds, notes and other obligations. 174 |
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226 | 226 | | [(m)] (l) All moneys received pursuant to the authority of this section, 175 |
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227 | 227 | | whether as proceeds from the sale of bonds or as revenues, shall be 176 |
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228 | 228 | | deemed to be trust funds to be held and applied solely as provided in 177 |
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229 | 229 | | this section. Any officer with whom, or any bank or trust company with 178 |
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230 | 230 | | which, such moneys shall be deposited shall act as trustee of such 179 |
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231 | 231 | | moneys and shall hold and apply the same for the purposes of section 180 |
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232 | 232 | | 8-169jj, as amended by this act, and the resolution authorizing the bonds 181 |
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233 | 233 | | of any issue or the trust agreement securing such bonds may provide. 182 |
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234 | 234 | | [(n)] (m) Any holder of bonds, notes or other obligations issued under 183 Raised Bill No. 1012 |
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235 | 235 | | |
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236 | 236 | | |
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237 | 237 | | |
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238 | 238 | | LCO No. 4403 7 of 22 |
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239 | 239 | | |
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240 | 240 | | the provisions of this section, and the trustee or trustees under any trust 184 |
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241 | 241 | | agreement, except to the extent the rights herein given may be restricted 185 |
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242 | 242 | | by any resolution authorizing the issuance of or any such trust 186 |
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243 | 243 | | agreement securing such bonds, may, either at law or in equity, by suit, 187 |
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244 | 244 | | action, mandamus or other proceeding, protect and enforce any and all 188 |
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245 | 245 | | rights under the laws of the state or granted under this section or under 189 |
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246 | 246 | | such resolution or trust agreement and may enforce and compel the 190 |
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247 | 247 | | performance of all duties required by this section or by such resolution 191 |
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248 | 248 | | or trust agreement to be performed by the authority or by any officer, 192 |
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249 | 249 | | employee or agent of the authority, including the fixing, charging and 193 |
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250 | 250 | | collecting of the rates, rents, fees and charges herein authorized and 194 |
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251 | 251 | | required by the provisions of such resolution or trust agreement to be 195 |
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252 | 252 | | fixed, established and collected. 196 |
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253 | 253 | | [(o)] (n) The authority may make representations and agreements for 197 |
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254 | 254 | | the benefit of the holders of any bonds, notes or other obligations of the 198 |
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255 | 255 | | state which are necessary or appropriate to ensure the exclusion from 199 |
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256 | 256 | | gross income for federal income tax purposes of interest on bonds, notes 200 |
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257 | 257 | | or other obligations of the state from taxation under the Internal 201 |
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258 | 258 | | Revenue Code of 1986 or any subsequent corresponding internal 202 |
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259 | 259 | | revenue code of the United States, as amended from time to time, 203 |
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260 | 260 | | including agreement to pay rebates to the federal government of 204 |
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261 | 261 | | investment earnings derived from the investment of the proceeds of the 205 |
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262 | 262 | | bonds, notes or other obligations of the authority. Any such agreement 206 |
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263 | 263 | | may include: (1) A covenant to pay rebates to the federal government of 207 |
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264 | 264 | | investment earnings derived from the investment of the proceeds of the 208 |
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265 | 265 | | bonds, notes or other obligations of the authority; (2) a covenant that the 209 |
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266 | 266 | | authority will not limit or alter its rebate obligations until its obligations 210 |
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267 | 267 | | to the holders or owners of such bonds, notes or other obligations are 211 |
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268 | 268 | | finally met and discharged; and (3) provisions to (A) establish trust and 212 |
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269 | 269 | | other accounts which may be appropriate to carry out such 213 |
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270 | 270 | | representations and agreements, (B) retain fiscal agents as depositories 214 |
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271 | 271 | | for such funds and accounts, and (C) provide that such fiscal agents may 215 |
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272 | 272 | | act as trustee of such funds and accounts. 216 |
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273 | 273 | | Sec. 2. Section 8-169qq of the general statutes is repealed and the 217 Raised Bill No. 1012 |
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274 | 274 | | |
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275 | 275 | | |
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276 | 276 | | |
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277 | 277 | | LCO No. 4403 8 of 22 |
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278 | 278 | | |
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279 | 279 | | following is substituted in lieu thereof (Effective from passage): 218 |
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280 | 280 | | [(a) The state shall protect, save harmless and indemnify the 219 |
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281 | 281 | | directors, officers and employees of the Connecticut Municipal 220 |
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282 | 282 | | Redevelopment Authority from financial loss and expenses, including 221 |
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283 | 283 | | legal fees and costs, if any, arising out of any claim, demand, suit or 222 |
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284 | 284 | | judgment based upon any alleged act or omission of any such director, 223 |
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285 | 285 | | officer or employee in connection with, or any other legal challenge to, 224 |
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286 | 286 | | authority development projects within a Connecticut Municipal 225 |
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287 | 287 | | Redevelopment Authority development district, provided any such 226 |
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288 | 288 | | director, officer or employee is found to have been acting in the 227 |
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289 | 289 | | discharge of such director, officer or employee's duties or within the 228 |
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290 | 290 | | scope of such director, officer or employee's employment and any such 229 |
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291 | 291 | | act or omission is found not to have been wanton, reckless, wilful or 230 |
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292 | 292 | | malicious. 231 |
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293 | 293 | | (b) In the event any bond, note or other obligation of the authority 232 |
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294 | 294 | | cannot be paid by the authority, the state shall assume the liability of 233 |
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295 | 295 | | and make payment on such debt.] 234 |
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296 | 296 | | (a) For the purposes of this section, "required minimum capital 235 |
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297 | 297 | | reserve" means the maximum amount permitted to be deposited in a 236 |
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298 | 298 | | special capital reserve fund by the Internal Revenue Code of 1986, or 237 |
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299 | 299 | | any subsequent corresponding internal revenue code of the United 238 |
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300 | 300 | | States, as amended from time to time, to permit the interest on such 239 |
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301 | 301 | | bonds to be excluded from gross income for federal tax purposes and 240 |
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302 | 302 | | secured by such special capital reserve fund. 241 |
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303 | 303 | | (b) In connection with the issuance of bonds or to refund bonds 242 |
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304 | 304 | | previously issued by the authority, or in connection with the issuance of 243 |
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305 | 305 | | bonds to effect a refinancing or other restructuring with respect to one 244 |
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306 | 306 | | or more projects, the authority may create and establish one or more 245 |
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307 | 307 | | reserve funds to be known as special capital reserve funds, and may pay 246 |
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308 | 308 | | into such special capital reserve funds (1) any moneys appropriated and 247 |
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309 | 309 | | made available by the state for the purposes of such special capital 248 |
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310 | 310 | | reserve funds, (2) any proceeds of the sale of notes or bonds, to the extent 249 Raised Bill No. 1012 |
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311 | 311 | | |
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312 | 312 | | |
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313 | 313 | | |
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314 | 314 | | LCO No. 4403 9 of 22 |
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315 | 315 | | |
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316 | 316 | | provided in the resolution of said authority authorizing the issuance 250 |
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317 | 317 | | thereof, and (3) any other moneys which may be made available to the 251 |
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318 | 318 | | authority for the purpose of such special capital reserve funds from any 252 |
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319 | 319 | | other source or sources. 253 |
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320 | 320 | | (c) Except as otherwise provided in this section, the moneys held in 254 |
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321 | 321 | | or credited to any special capital reserve fund established under this 255 |
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322 | 322 | | section shall be used for (1) the payment of the principal of and interest, 256 |
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323 | 323 | | when due, whether at maturity or by mandatory sinking fund 257 |
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324 | 324 | | installments, on bonds of the authority secured by such special capital 258 |
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325 | 325 | | reserve fund as such payments become due, or (2) the purchase of such 259 |
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326 | 326 | | bonds of the authority and the payment of any redemption premium 260 |
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327 | 327 | | required to be paid when such bonds are redeemed prior to maturity, 261 |
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328 | 328 | | including reimbursement of a provider of bond insurance or of a credit 262 |
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329 | 329 | | or liquidity facility that has paid such redemption premiums. The 263 |
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330 | 330 | | authority may prohibit the withdrawal of moneys in any such special 264 |
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331 | 331 | | capital reserve fund in an amount that would result in the balance of 265 |
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332 | 332 | | such fund being less than (A) the maximum amount of principal and 266 |
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333 | 333 | | interest becoming due by reasons of maturity or a required sinking fund 267 |
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334 | 334 | | installment in the then current or any succeeding calendar year on the 268 |
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335 | 335 | | bonds of said authority then outstanding, or (B) the required minimum 269 |
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336 | 336 | | capital reserve, except for the purpose of paying such principal of, 270 |
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337 | 337 | | redemption premium and interest on such bonds of the authority 271 |
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338 | 338 | | secured by such special capital reserve becoming due and for the 272 |
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339 | 339 | | payment of which other moneys of said authority are not available. The 273 |
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340 | 340 | | authority may provide that it shall not issue bonds secured by a special 274 |
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341 | 341 | | capital reserve fund at any time if the required minimum capital reserve 275 |
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342 | 342 | | on the bonds outstanding and the bonds then to be issued and secured 276 |
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343 | 343 | | by the same special capital reserve fund at the time of issuance exceeds 277 |
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344 | 344 | | the moneys in the special capital reserve fund, unless the authority, at 278 |
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345 | 345 | | the time of the issuance of such bonds, deposits in such special capital 279 |
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346 | 346 | | reserve fund from the proceeds of the bonds so to be issued, or from 280 |
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347 | 347 | | other sources, an amount which, together with the amount then in such 281 |
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348 | 348 | | special capital reserve fund, will be not less than the required minimum 282 |
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349 | 349 | | capital reserve. 283 Raised Bill No. 1012 |
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350 | 350 | | |
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351 | 351 | | |
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352 | 352 | | |
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353 | 353 | | LCO No. 4403 10 of 22 |
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354 | 354 | | |
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355 | 355 | | (d) Prior to December first, annually, the authority shall deposit into 284 |
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356 | 356 | | any special capital reserve fund, the balance of which has fallen below 285 |
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357 | 357 | | the required minimum capital reserve of such fund, the full amount 286 |
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358 | 358 | | required to meet the minimum capital reserve of such fund, as available 287 |
---|
359 | 359 | | to the authority from any resources of the authority not otherwise 288 |
---|
360 | 360 | | pledged or dedicated to another purpose. On or before December first, 289 |
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361 | 361 | | annually, but after the authority has made such required deposit, there 290 |
---|
362 | 362 | | is deemed to be appropriated from the General Fund such sums, if any, 291 |
---|
363 | 363 | | as shall be certified by the chairperson or vice-chairperson of the 292 |
---|
364 | 364 | | authority to the Secretary of the Office of Policy and Management, the 293 |
---|
365 | 365 | | State Treasurer and the joint standing committees of the General 294 |
---|
366 | 366 | | Assembly having cognizance of matters relating to finance, revenue and 295 |
---|
367 | 367 | | bonding and planning and development, as necessary to restore each 296 |
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368 | 368 | | such special capital reserve fund to the amount equal to the required 297 |
---|
369 | 369 | | minimum capital reserve of such fund, and such amounts shall be 298 |
---|
370 | 370 | | allotted and paid to the authority. For the purpose of evaluation of any 299 |
---|
371 | 371 | | such special capital reserve fund, obligations acquired as an investment 300 |
---|
372 | 372 | | for any such special capital reserve fund shall be valued at amortized 301 |
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373 | 373 | | cost. 302 |
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374 | 374 | | (e) Nothing contained in this section shall preclude the authority 303 |
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375 | 375 | | from establishing and creating other debt service reserve funds in 304 |
---|
376 | 376 | | connection with the issuance of bonds or notes of the authority which 305 |
---|
377 | 377 | | are not special capital reserve funds. Subject to any agreement or 306 |
---|
378 | 378 | | agreements with holders of outstanding notes and bonds of the 307 |
---|
379 | 379 | | authority, any amount or amounts allotted and paid to the authority 308 |
---|
380 | 380 | | pursuant to subsection (d) of this section shall be repaid to the state from 309 |
---|
381 | 381 | | moneys of the authority at such time as such moneys are not required 310 |
---|
382 | 382 | | for any other of the authority's corporate purposes, and in any event 311 |
---|
383 | 383 | | shall be repaid to the state on the date one year after all bonds and notes 312 |
---|
384 | 384 | | of the authority theretofore issued on the date or dates such amount or 313 |
---|
385 | 385 | | amounts are allotted and paid to the authority or thereafter issued, 314 |
---|
386 | 386 | | together with interest on such bonds and notes, with interest on any 315 |
---|
387 | 387 | | unpaid installments of interest and all costs and expenses in connection 316 |
---|
388 | 388 | | with any action or proceeding by or on behalf of the holders thereof, are 317 Raised Bill No. 1012 |
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389 | 389 | | |
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390 | 390 | | |
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391 | 391 | | |
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392 | 392 | | LCO No. 4403 11 of 22 |
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393 | 393 | | |
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394 | 394 | | fully met and discharged. 318 |
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395 | 395 | | (f) No bonds secured by a special capital reserve fund shall be issued 319 |
---|
396 | 396 | | to pay project costs unless the authority has obtained the required 320 |
---|
397 | 397 | | approvals under subsection (g) of this section and determines that the 321 |
---|
398 | 398 | | revenues from the project shall be sufficient to (1) pay the principal of 322 |
---|
399 | 399 | | and interest on the bonds issued to finance the project, (2) establish, 323 |
---|
400 | 400 | | increase and maintain any reserves deemed by the authority to be 324 |
---|
401 | 401 | | advisable to secure the payment of the principal of and interest on such 325 |
---|
402 | 402 | | bonds, (3) pay the cost of maintaining the project in good repair and 326 |
---|
403 | 403 | | keeping it properly insured, and (4) pay such other costs of the project 327 |
---|
404 | 404 | | as may be required. 328 |
---|
405 | 405 | | (g) No bonds secured by a special capital reserve fund shall be issued 329 |
---|
406 | 406 | | by the authority until and unless such issuance has been approved by 330 |
---|
407 | 407 | | the Secretary of the Office of Policy and Management or his or her 331 |
---|
408 | 408 | | deputy. Any such approval by the secretary pursuant to this subsection 332 |
---|
409 | 409 | | shall be in addition to (1) the otherwise required opinion of sufficiency 333 |
---|
410 | 410 | | by the authority set forth in subsection (f) of this section, and (2) the 334 |
---|
411 | 411 | | approval of the State Treasurer or the Deputy State Treasurer and the 335 |
---|
412 | 412 | | documentation by the authority otherwise required under subsection 336 |
---|
413 | 413 | | (a) of section 1-124. Such approval may provide for the waiver or 337 |
---|
414 | 414 | | modification of such other requirements of this section as the secretary 338 |
---|
415 | 415 | | determines to be necessary or appropriate in order to effectuate such 339 |
---|
416 | 416 | | issuance, subject to all applicable tax covenants of the authority and the 340 |
---|
417 | 417 | | state. 341 |
---|
418 | 418 | | (h) Notwithstanding any other provision contained in this section, 342 |
---|
419 | 419 | | the aggregate amount of bonds secured by such special capital reserve 343 |
---|
420 | 420 | | fund authorized to be created and established by this section shall not 344 |
---|
421 | 421 | | exceed fifty million dollars. 345 |
---|
422 | 422 | | Sec. 3. (NEW) (Effective from passage) (a) Before any state officer, state 346 |
---|
423 | 423 | | employee, state agency, state board or state commission, or any agent 347 |
---|
424 | 424 | | thereof, for any purpose, (1) shall incur any financial obligation of the 348 |
---|
425 | 425 | | state, or (2) shall enter into any agreement to covenants, events of 349 Raised Bill No. 1012 |
---|
426 | 426 | | |
---|
427 | 427 | | |
---|
428 | 428 | | |
---|
429 | 429 | | LCO No. 4403 12 of 22 |
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430 | 430 | | |
---|
431 | 431 | | default, remedies, priority rights or other similar terms in connection 350 |
---|
432 | 432 | | with a financial obligation of the state, where such financial obligation 351 |
---|
433 | 433 | | is (A) in excess of one million dollars, or (B) encumbers property or 352 |
---|
434 | 434 | | rights of the state material to the operations of the state, such officer, 353 |
---|
435 | 435 | | employee, agency, board or commission, or any agent thereof, shall 354 |
---|
436 | 436 | | notify the State Treasurer of such proposed obligation or agreement and 355 |
---|
437 | 437 | | receive a written acknowledgment under this section. Upon receipt of 356 |
---|
438 | 438 | | such notification, the State Treasurer shall determine whether the 357 |
---|
439 | 439 | | information provided is adequate for the State Treasurer to meet timely 358 |
---|
440 | 440 | | required disclosure obligations under federal securities law. Once the 359 |
---|
441 | 441 | | State Treasurer has determined that adequate disclosure information 360 |
---|
442 | 442 | | has been received concerning the financial obligation, including any 361 |
---|
443 | 443 | | document pursuant to which such financial obligation is to be incurred 362 |
---|
444 | 444 | | and such additional information as may be requested by the State 363 |
---|
445 | 445 | | Treasurer, the State Treasurer, or his or her designee, shall provide 364 |
---|
446 | 446 | | written acknowledgment of such determination to the state officer, state 365 |
---|
447 | 447 | | employee, state agency, state board or state commission, or any agent 366 |
---|
448 | 448 | | thereof. The State Treasurer may establish, and revise from time to time, 367 |
---|
449 | 449 | | exemptions from such filing requirements as the State Treasurer 368 |
---|
450 | 450 | | determines are consistent with the state's obligations under the federal 369 |
---|
451 | 451 | | securities laws. 370 |
---|
452 | 452 | | (b) For the purposes of this section, (1) "state officer, state employee, 371 |
---|
453 | 453 | | state agency, state board or state commission, or any agent thereof" 372 |
---|
454 | 454 | | includes the John Dempsey Hospital Finance Corporation or any similar 373 |
---|
455 | 455 | | organization; and (2) "financial obligation" means (A) a debt obligation, 374 |
---|
456 | 456 | | (B) a derivative instrument entered into in connection with, or pledged 375 |
---|
457 | 457 | | as security or a source of payment for, an existing or planned debt 376 |
---|
458 | 458 | | obligation, (C) a guarantee of subparagraph (A) or (B) of this 377 |
---|
459 | 459 | | subdivision, or (D) any other financial obligation, as defined in 17 CFR 378 |
---|
460 | 460 | | 240.15c2-12, as amended from time to time. 379 |
---|
461 | 461 | | Sec. 4. Subsection (a) of section 3-37 of the general statutes is repealed 380 |
---|
462 | 462 | | and the following is substituted in lieu thereof (Effective July 1, 2021): 381 |
---|
463 | 463 | | (a) The Treasurer shall, annually, on or before December thirty-first, 382 Raised Bill No. 1012 |
---|
464 | 464 | | |
---|
465 | 465 | | |
---|
466 | 466 | | |
---|
467 | 467 | | LCO No. 4403 13 of 22 |
---|
468 | 468 | | |
---|
469 | 469 | | submit a final audited report to the Governor and a copy of such report 383 |
---|
470 | 470 | | to the Investment Advisory Council, which shall include the following 384 |
---|
471 | 471 | | information concerning the activities of the office of the State Treasurer 385 |
---|
472 | 472 | | for the immediately preceding fiscal year ending June thirtieth: (1) 386 |
---|
473 | 473 | | Complete financial statements and accompanying footnotes for the 387 |
---|
474 | 474 | | combined investment funds prepared in accordance with generally 388 |
---|
475 | 475 | | accepted accounting principles, which financial statements shall be 389 |
---|
476 | 476 | | audited in accordance with generally accepted auditing standards and 390 |
---|
477 | 477 | | supplementary schedules depicting the interests of the component 391 |
---|
478 | 478 | | retirement plans and trust funds; (2) complete financial statements and 392 |
---|
479 | 479 | | accompanying footnotes for the Short Term Investment Fund prepared 393 |
---|
480 | 480 | | in accordance with generally accepted accounting principles and 394 |
---|
481 | 481 | | supplementary schedules listing all assets held by the Short Term 395 |
---|
482 | 482 | | Investment Fund; (3) a discussion and review of the performance of the 396 |
---|
483 | 483 | | combined investment funds and Short Term Investment Fund for such 397 |
---|
484 | 484 | | fiscal year in accordance with recognized and appropriate performance 398 |
---|
485 | 485 | | presentation and disclosure, including an analysis of the return earned 399 |
---|
486 | 486 | | by the portfolio and each combined investment fund as well as the risk 400 |
---|
487 | 487 | | profile of the portfolio and each combined investment fund according 401 |
---|
488 | 488 | | to investment industry standards; (4) the activities and transactions in 402 |
---|
489 | 489 | | such reasonable detail as is appropriate of the cash management 403 |
---|
490 | 490 | | division including information on the state's cash receipts and 404 |
---|
491 | 491 | | disbursements for the fiscal year, and the debt management division; 405 |
---|
492 | 492 | | [including the financial statements of the tax-exempt proceeds fund 406 |
---|
493 | 493 | | prepared in accordance with generally accepted accounting principles;] 407 |
---|
494 | 494 | | (5) financial statements and accompanying footnotes as well as a 408 |
---|
495 | 495 | | summary of operating results for the Second Injury Fund for such fiscal 409 |
---|
496 | 496 | | year; (6) a financial summary and report on the activities of the state's 410 |
---|
497 | 497 | | unclaimed property program for such fiscal year; (7) a listing of the 411 |
---|
498 | 498 | | companies from which state funds were divested based upon such 412 |
---|
499 | 499 | | companies' business in Sudan, pursuant to the provisions of section 3-413 |
---|
500 | 500 | | 21e, and any companies identified by the Treasurer as companies from 414 |
---|
501 | 501 | | which investment of state funds has been declared impermissible by the 415 |
---|
502 | 502 | | Treasurer, pursuant to the provisions of section 3-21e; and (8) such other 416 |
---|
503 | 503 | | information as the Treasurer deems of interest to the public. 417 Raised Bill No. 1012 |
---|
504 | 504 | | |
---|
505 | 505 | | |
---|
506 | 506 | | |
---|
507 | 507 | | LCO No. 4403 14 of 22 |
---|
508 | 508 | | |
---|
509 | 509 | | Sec. 5. Subsection (q) of section 3-62h of the general statutes is 418 |
---|
510 | 510 | | repealed and the following is substituted in lieu thereof (Effective July 1, 419 |
---|
511 | 511 | | 2021): 420 |
---|
512 | 512 | | (q) Any moneys held by the Treasurer or by a trustee pursuant to an 421 |
---|
513 | 513 | | indenture of trust with respect to abandoned property fund bonds 422 |
---|
514 | 514 | | including pledged revenues, other pledged receipts, funds or moneys 423 |
---|
515 | 515 | | and proceeds from the sale of such abandoned property fund bonds, 424 |
---|
516 | 516 | | may, pending the use or application of the proceeds thereof for an 425 |
---|
517 | 517 | | authorized purpose, be (1) invested and reinvested in such obligations, 426 |
---|
518 | 518 | | securities and investments as are set forth in subsection (f) of section 3-427 |
---|
519 | 519 | | 20 [,] and in participation certificates in the Short Term Investment 428 |
---|
520 | 520 | | Funds created under sections 3-27a and 3-27f, [and in participation 429 |
---|
521 | 521 | | certificates or securities of the Tax-Exempt Proceeds Fund created under 430 |
---|
522 | 522 | | section 3-24a] or (2) deposited or redeposited in such bank or banks as 431 |
---|
523 | 523 | | shall be provided in the proceedings. Unless the proceedings provide 432 |
---|
524 | 524 | | otherwise, proceeds from investments authorized by this subsection, 433 |
---|
525 | 525 | | less amounts required under the proceedings authorizing the issuance 434 |
---|
526 | 526 | | of abandoned property fund bonds for the payment of Special 435 |
---|
527 | 527 | | Abandoned Property Fund financing costs relating to such abandoned 436 |
---|
528 | 528 | | property fund bonds, shall be credited to the Special Abandoned 437 |
---|
529 | 529 | | Property Fund. 438 |
---|
530 | 530 | | Sec. 6. Subsection (d) of section 7-406n of the general statutes is 439 |
---|
531 | 531 | | repealed and the following is substituted in lieu thereof (Effective July 1, 440 |
---|
532 | 532 | | 2021): 441 |
---|
533 | 533 | | (d) Any moneys held by the Treasurer or by a trustee pursuant to an 442 |
---|
534 | 534 | | indenture of trust with respect to municipal pension solvency account 443 |
---|
535 | 535 | | bonds including pledged revenues, other pledged receipts, funds or 444 |
---|
536 | 536 | | moneys and proceeds from the sale of such municipal pension solvency 445 |
---|
537 | 537 | | account bonds, may, pending the use or application of such proceeds 446 |
---|
538 | 538 | | for an authorized purpose, be (1) invested and reinvested in such 447 |
---|
539 | 539 | | obligations, securities and investments as are set forth in subsection (f) 448 |
---|
540 | 540 | | of section 3-20 [,] and in participation certificates in the Short Term 449 |
---|
541 | 541 | | Investment Funds created under sections 3-27a and 3-27f, [and in 450 Raised Bill No. 1012 |
---|
542 | 542 | | |
---|
543 | 543 | | |
---|
544 | 544 | | |
---|
545 | 545 | | LCO No. 4403 15 of 22 |
---|
546 | 546 | | |
---|
547 | 547 | | participation certificates or securities of the Tax-Exempt Proceeds Fund 451 |
---|
548 | 548 | | created under section 3-24a,] or (2) deposited or redeposited in such 452 |
---|
549 | 549 | | bank or banks as shall be provided in the proceedings authorizing the 453 |
---|
550 | 550 | | issuance of municipal pension solvency account bonds. Unless the 454 |
---|
551 | 551 | | proceedings provide otherwise, proceeds from investments authorized 455 |
---|
552 | 552 | | by this subsection, less amounts required under the proceedings for the 456 |
---|
553 | 553 | | payment of municipal pension solvency loan costs relating to such 457 |
---|
554 | 554 | | municipal pension solvency account bonds, shall be credited to the 458 |
---|
555 | 555 | | municipal pension solvency account. 459 |
---|
556 | 556 | | Sec. 7. Subdivision (9) of subsection (b) of section 8-169jj of the general 460 |
---|
557 | 557 | | statutes is repealed and the following is substituted in lieu thereof 461 |
---|
558 | 558 | | (Effective July 1, 2021): 462 |
---|
559 | 559 | | (9) Invest any funds not needed for immediate use or disbursement 463 |
---|
560 | 560 | | in obligations issued or guaranteed by the United States or the state, 464 |
---|
561 | 561 | | including the Short Term Investment Fund, [and the Tax-Exempt 465 |
---|
562 | 562 | | Proceeds Fund,] and in other obligations that are legal investments for 466 |
---|
563 | 563 | | savings banks in this state, and in-time deposits or certificates of deposit 467 |
---|
564 | 564 | | or other similar banking arrangements secured in such manner as the 468 |
---|
565 | 565 | | authority determines; 469 |
---|
566 | 566 | | Sec. 8. Subsection (b) of section 8-336o of the general statutes is 470 |
---|
567 | 567 | | repealed and the following is substituted in lieu thereof (Effective July 1, 471 |
---|
568 | 568 | | 2021): 472 |
---|
569 | 569 | | (b) Any moneys held in the Housing Trust Fund may, pending the 473 |
---|
570 | 570 | | use or application of the proceeds thereof for an authorized purpose, be 474 |
---|
571 | 571 | | (1) invested and reinvested in such obligations, securities and 475 |
---|
572 | 572 | | investments as are set forth in subsection (f) of section 3-20, in 476 |
---|
573 | 573 | | participation certificates in the Short Term Investment Fund created 477 |
---|
574 | 574 | | under sections 3-27a and 3-27f, [and in participation certificates or 478 |
---|
575 | 575 | | securities of the Tax-Exempt Proceeds Fund created under section 3-479 |
---|
576 | 576 | | 24a,] (2) deposited or redeposited in such bank or banks at the direction 480 |
---|
577 | 577 | | of the Treasurer, or (3) invested in participation units in the combined 481 |
---|
578 | 578 | | investment funds, as defined in section 3-31b. Unless otherwise 482 Raised Bill No. 1012 |
---|
579 | 579 | | |
---|
580 | 580 | | |
---|
581 | 581 | | |
---|
582 | 582 | | LCO No. 4403 16 of 22 |
---|
583 | 583 | | |
---|
584 | 584 | | provided pursuant to subsection (c) of this section, proceeds from 483 |
---|
585 | 585 | | investments authorized by this subsection shall be credited to the 484 |
---|
586 | 586 | | Housing Trust Fund. 485 |
---|
587 | 587 | | Sec. 9. Subsection (b) of section 32-7o of the general statutes is 486 |
---|
588 | 588 | | repealed and the following is substituted in lieu thereof (Effective July 1, 487 |
---|
589 | 589 | | 2021): 488 |
---|
590 | 590 | | (b) Any moneys held in the Connecticut Manufacturing Innovation 489 |
---|
591 | 591 | | Fund may, pending the use or application of the proceeds thereof for an 490 |
---|
592 | 592 | | authorized purpose, be (1) invested and reinvested in such obligations, 491 |
---|
593 | 593 | | securities and investments as are set forth in subsection (f) of section 3-492 |
---|
594 | 594 | | 20, in participation certificates in the Short Term Investment Fund 493 |
---|
595 | 595 | | created under sections 3-27a and 3-27f, [and in participation certificates 494 |
---|
596 | 596 | | or securities of the Tax-Exempt Proceeds Fund created under section 3-495 |
---|
597 | 597 | | 24a,] (2) deposited or redeposited in any bank or banks, at the direction 496 |
---|
598 | 598 | | of the Treasurer, or (3) invested in participation units in the combined 497 |
---|
599 | 599 | | investment funds, as defined in section 3-31b. Proceeds from 498 |
---|
600 | 600 | | investments authorized by this subsection shall be credited to the 499 |
---|
601 | 601 | | Connecticut Manufacturing Innovation Fund. 500 |
---|
602 | 602 | | Sec. 10. Subsection (b) of section 32-602 of the general statutes is 501 |
---|
603 | 603 | | repealed and the following is substituted in lieu thereof (Effective July 1, 502 |
---|
604 | 604 | | 2021): 503 |
---|
605 | 605 | | (b) For these purposes, the authority shall have the following powers: 504 |
---|
606 | 606 | | (1) To have perpetual succession as a body corporate and to adopt 505 |
---|
607 | 607 | | procedures for the regulation of its affairs and the conduct of its business 506 |
---|
608 | 608 | | as provided in subsection (f) of section 32-601, to adopt a corporate seal 507 |
---|
609 | 609 | | and alter the same at its pleasure, and to maintain an office at such place 508 |
---|
610 | 610 | | or places within the city of Hartford as it may designate; (2) to sue and 509 |
---|
611 | 611 | | be sued, to contract and be contracted with; (3) to employ such 510 |
---|
612 | 612 | | assistants, agents and other employees as may be necessary or desirable 511 |
---|
613 | 613 | | to carry out its purposes, which employees shall be exempt from the 512 |
---|
614 | 614 | | classified service and shall not be employees, as defined in subsection 513 |
---|
615 | 615 | | (b) of section 5-270, to fix their compensation, to establish and modify 514 Raised Bill No. 1012 |
---|
616 | 616 | | |
---|
617 | 617 | | |
---|
618 | 618 | | |
---|
619 | 619 | | LCO No. 4403 17 of 22 |
---|
620 | 620 | | |
---|
621 | 621 | | personnel procedures as may be necessary from time to time and to 515 |
---|
622 | 622 | | negotiate and enter into collective bargaining agreements with labor 516 |
---|
623 | 623 | | unions; (4) to acquire, lease, hold and dispose of personal property for 517 |
---|
624 | 624 | | the purposes set forth in this section; (5) to procure insurance against 518 |
---|
625 | 625 | | any liability or loss in connection with its property and other assets, in 519 |
---|
626 | 626 | | such amounts and from such insurers as it deems desirable and to 520 |
---|
627 | 627 | | procure insurance for employees; (6) to invest any funds not needed for 521 |
---|
628 | 628 | | immediate use or disbursement in obligations issued or guaranteed by 522 |
---|
629 | 629 | | the United States of America or the state of Connecticut, including the 523 |
---|
630 | 630 | | Short Term Investment Fund, [and the Tax-Exempt Proceeds Fund,] and 524 |
---|
631 | 631 | | in other obligations which are legal investments for savings banks in 525 |
---|
632 | 632 | | this state and in time deposits or certificates of deposit or other similar 526 |
---|
633 | 633 | | banking arrangements secured in such manner as the authority 527 |
---|
634 | 634 | | determines; (7) notwithstanding any other provision of the general 528 |
---|
635 | 635 | | statutes, upon request of the Secretary of the Office of Policy and 529 |
---|
636 | 636 | | Management, to enter into an agreement for funding to facilitate the 530 |
---|
637 | 637 | | relocation of state offices within the capital city economic development 531 |
---|
638 | 638 | | district; (8) to enter into such memoranda of understanding as the 532 |
---|
639 | 639 | | authority deems appropriate to carry out its responsibilities under this 533 |
---|
640 | 640 | | chapter; and (9) to do all acts and things necessary or convenient to carry 534 |
---|
641 | 641 | | out the purposes of and the powers expressly granted by this section. 535 |
---|
642 | 642 | | Sec. 11. Section 10-63b of the general statutes is repealed and the 536 |
---|
643 | 643 | | following is substituted in lieu thereof (Effective from passage): 537 |
---|
644 | 644 | | Within thirty days of receipt of an application pursuant to section 10-538 |
---|
645 | 645 | | 63a the regional board of education shall call for the appointment of a 539 |
---|
646 | 646 | | committee to study issues relating to withdrawal or dissolution. The 540 |
---|
647 | 647 | | committee shall consist of the following: One member of the board of 541 |
---|
648 | 648 | | education of each town within the district, to be selected by each such 542 |
---|
649 | 649 | | board, if any, or if none, an elector to be elected by the legislative body 543 |
---|
650 | 650 | | in such town; one member of the board of finance or comparable fiscal 544 |
---|
651 | 651 | | body of each town within the district to be selected by each such board 545 |
---|
652 | 652 | | or body; two members of the regional board of education, to be selected 546 |
---|
653 | 653 | | by such board, no more than one of whom may be a resident of a town 547 |
---|
654 | 654 | | making the application for the appointment of the committee; one 548 Raised Bill No. 1012 |
---|
655 | 655 | | |
---|
656 | 656 | | |
---|
657 | 657 | | |
---|
658 | 658 | | LCO No. 4403 18 of 22 |
---|
659 | 659 | | |
---|
660 | 660 | | member to be appointed by the Commissioner of Education, who [shall] 549 |
---|
661 | 661 | | is not [be] a resident of any town within the district; [the State Treasurer 550 |
---|
662 | 662 | | or the Treasurer's designee,] and one member to be appointed by the 551 |
---|
663 | 663 | | regional board of education, who [shall be] is an expert in municipal 552 |
---|
664 | 664 | | bonding and financing and who [shall] is not [be] a resident of any town 553 |
---|
665 | 665 | | within the district. The members shall receive no compensation for their 554 |
---|
666 | 666 | | services, but their expenses and those incurred by the regional board in 555 |
---|
667 | 667 | | connection with withdrawal or dissolution procedures shall be paid by 556 |
---|
668 | 668 | | the towns applying for withdrawal or dissolution. The appointee of the 557 |
---|
669 | 669 | | Commissioner of Education shall call the first meeting of the committee, 558 |
---|
670 | 670 | | and the committee shall organize and function in accordance with 559 |
---|
671 | 671 | | section 10-41. 560 |
---|
672 | 672 | | Sec. 12. Subdivision (3) of subsection (a) of section 10-283 of the 561 |
---|
673 | 673 | | general statutes is repealed and the following is substituted in lieu 562 |
---|
674 | 674 | | thereof (Effective July 1, 2021): 563 |
---|
675 | 675 | | (3) (A) All final calculations completed by the Department of 564 |
---|
676 | 676 | | Administrative Services for school building projects shall include a 565 |
---|
677 | 677 | | computation of the state grant for the school building project amortized 566 |
---|
678 | 678 | | on a straight line basis over a twenty-year period for school building 567 |
---|
679 | 679 | | projects with costs equal to or greater than two million dollars and over 568 |
---|
680 | 680 | | a ten-year period for school building projects with costs less than two 569 |
---|
681 | 681 | | million dollars. Any town or regional school district which abandons, 570 |
---|
682 | 682 | | sells, leases, demolishes or otherwise redirects the use of such a school 571 |
---|
683 | 683 | | building project to other than a public school use during such 572 |
---|
684 | 684 | | amortization period shall refund to the state the unamortized balance of 573 |
---|
685 | 685 | | the state grant remaining as of the date the abandonment, sale, lease, 574 |
---|
686 | 686 | | demolition or redirection occurs. The amortization period for a project 575 |
---|
687 | 687 | | shall begin on the date the project was accepted as complete by the local 576 |
---|
688 | 688 | | or regional board of education. A town or regional school district 577 |
---|
689 | 689 | | required to make a refund to the state pursuant to this subdivision may 578 |
---|
690 | 690 | | request forgiveness of such refund if the building is redirected for public 579 |
---|
691 | 691 | | use. The Department of Administrative Services shall include as an 580 |
---|
692 | 692 | | addendum to the annual school construction priority list all those towns 581 |
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693 | 693 | | requesting forgiveness. General Assembly approval of the priority list 582 Raised Bill No. 1012 |
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694 | 694 | | |
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695 | 695 | | |
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696 | 696 | | |
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697 | 697 | | LCO No. 4403 19 of 22 |
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698 | 698 | | |
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699 | 699 | | containing such request shall constitute approval of such request. This 583 |
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700 | 700 | | subdivision shall not apply to projects to correct safety, health and other 584 |
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701 | 701 | | code violations or to remedy certified school indoor air quality 585 |
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702 | 702 | | emergencies approved pursuant to subsection (b) of this section or 586 |
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703 | 703 | | projects subject to the provisions of section 10-285c. 587 |
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704 | 704 | | (B) If the board of governors for an independent institution of higher 588 |
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705 | 705 | | education, as defined in subsection (a) of section 10a-173, or the 589 |
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706 | 706 | | equivalent of such a board, on behalf of the independent institution of 590 |
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707 | 707 | | higher education, that operates an interdistrict magnet school makes 591 |
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708 | 708 | | private use of any portion of a school building in which such operator 592 |
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709 | 709 | | received a school building project grant pursuant to this chapter, such 593 |
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710 | 710 | | operator shall annually submit a report to the Commissioner of 594 |
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711 | 711 | | Education that demonstrates that such operator provides an equal to or 595 |
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712 | 712 | | greater than in-kind or supplemental benefit of such institution's 596 |
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713 | 713 | | facilities to students enrolled in such interdistrict magnet school that 597 |
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714 | 714 | | outweighs the private use of such school building. If the commissioner 598 |
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715 | 715 | | finds that the private use of such school building exceeds the in-kind or 599 |
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716 | 716 | | supplemental benefit to magnet school students, the commissioner may 600 |
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717 | 717 | | require such institution to refund to the state the unamortized balance 601 |
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718 | 718 | | of the state grant. 602 |
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719 | 719 | | [(C) Any moneys refunded to the state pursuant to subparagraphs 603 |
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720 | 720 | | (A) and (B) of this subdivision shall be deposited in the state's tax-604 |
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721 | 721 | | exempt proceeds fund and used not later than sixty days after 605 |
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722 | 722 | | repayment to pay debt service on, including redemption, defeasance or 606 |
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723 | 723 | | purchase of, outstanding bonds of the state the interest on which is not 607 |
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724 | 724 | | included in gross income pursuant to Section 103 of the Internal 608 |
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725 | 725 | | Revenue Code of 1986, or any subsequent corresponding internal 609 |
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726 | 726 | | revenue code of the United States, as from time to time amended.] 610 |
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727 | 727 | | Sec. 13. Subsection (x) of section 3-20 of the general statutes is 611 |
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728 | 728 | | repealed and the following is substituted in lieu thereof (Effective July 1, 612 |
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729 | 729 | | 2021): 613 |
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730 | 730 | | (x) Notwithstanding any provision of the general statutes, public acts 614 Raised Bill No. 1012 |
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731 | 731 | | |
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732 | 732 | | |
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733 | 733 | | |
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734 | 734 | | LCO No. 4403 20 of 22 |
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735 | 735 | | |
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736 | 736 | | or special acts, [upon] any sale, lease or other disposition to or use by a 615 |
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737 | 737 | | nongovernmental entity of all or a portion of any project financed with 616 |
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738 | 738 | | proceeds of bonds of the state the interest on which is not included in 617 |
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739 | 739 | | gross income pursuant to Section 103 of the Internal Revenue Code of 618 |
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740 | 740 | | 1986, or any subsequent corresponding internal revenue code of the 619 |
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741 | 741 | | United States, as from time to time amended, that would otherwise 620 |
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742 | 742 | | cause such bonds to be treated as private activity bonds within the 621 |
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743 | 743 | | meaning of Section 141 of said internal revenue code [,] shall be subject 622 |
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744 | 744 | | to the prior approval of the Treasurer, and the Treasurer is authorized 623 |
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745 | 745 | | to transfer all or a portion of the proceeds received with respect to and 624 |
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746 | 746 | | at the time of such disposition or use, in an amount not less than the 625 |
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747 | 747 | | amount required by said internal revenue code to preserve the exclusion 626 |
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748 | 748 | | from gross income of interest on such bonds, (1) to the General Fund to 627 |
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749 | 749 | | pay debt service on, including redemption, defeasance or purchase of, 628 |
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750 | 750 | | outstanding bonds of the state the interest on which is not included in 629 |
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751 | 751 | | gross income pursuant to Section 103 of said internal revenue code, (2) 630 |
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752 | 752 | | with the approval of the State Bond Commission, in lieu of the issuance 631 |
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753 | 753 | | of bonds, to the appropriate account or fund for any projects or purposes 632 |
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754 | 754 | | authorized by the State Bond Commission pursuant to a bond act and 633 |
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755 | 755 | | with the same force and effect as bond proceeds, thereby reducing the 634 |
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756 | 756 | | authority to issue bonds by such dollar amount, provided in any event 635 |
---|
757 | 757 | | that any such transfer does not cause the interest on the subject bonds 636 |
---|
758 | 758 | | to become included in gross income pursuant to Section 103 of said 637 |
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759 | 759 | | internal revenue code. 638 |
---|
760 | 760 | | Sec. 14. Subsection (b) of section 22a-260a of the general statutes is 639 |
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761 | 761 | | repealed and the following is substituted in lieu thereof (Effective July 1, 640 |
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762 | 762 | | 2021): 641 |
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763 | 763 | | (b) Wherever the words "Connecticut Resources Recovery Authority" 642 |
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764 | 764 | | are used in any public or special act of 2014 or in the following sections 643 |
---|
765 | 765 | | of the general statutes, the words "Materials Innovation and Recycling 644 |
---|
766 | 766 | | Authority" shall be substituted in lieu thereof: 1-79, 1-120, 1-124, 1-125, 645 |
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767 | 767 | | [3-24d, 3-24f,] 7-329a, 12-412, 12-459, 16-1, 16-245, 16-245b, 22a-208a, 22a-646 |
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768 | 768 | | 208v, 22a-209h, 22a-219b, 22a-220, 22a-241, 22a-260, 22a-261, 22a-263a, 647 |
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769 | 769 | | 22a-263b, 22a-268a, 22a-268b, 22a-270a, 22a-272a, 22a-282, 22a-283, 22a-648 Raised Bill No. 1012 |
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770 | 770 | | |
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771 | 771 | | |
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772 | 772 | | |
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773 | 773 | | LCO No. 4403 21 of 22 |
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774 | 774 | | |
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775 | 775 | | 284, 32-1e and 32-658. 649 |
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776 | 776 | | Sec. 15. Subsection (a) of section 32-11f of the general statutes is 650 |
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777 | 777 | | repealed and the following is substituted in lieu thereof (Effective July 1, 651 |
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778 | 778 | | 2021): 652 |
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779 | 779 | | (a) (1) Wherever the term "Connecticut Development Authority" is 653 |
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780 | 780 | | used in the following sections of the general statutes, the term 654 |
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781 | 781 | | "Connecticut Innovations, Incorporated" shall be substituted in lieu 655 |
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782 | 782 | | thereof: [3-24d, 3-24f,] 3-99d, 8-134, 8-134a, 8-192, 8-192a, 8-240m, 13b-656 |
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783 | 783 | | 79w, 16-243v, 22a-134, 22a-173, 22a-259, 22a-264, 25-33a, 32-1l, 32-3, 32-657 |
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784 | 784 | | 4l, 32-6j, 32-9c, 32-9n, 32-9qq, 32-22b, 32-23l, 32-23o, 32-23q, 32-23r, 32-658 |
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785 | 785 | | 23s, 32-23t, 32-23v, 32-23x, 32-23z, 32-23aa, 32-23qq, 32-23ss, 32-23tt, 32-659 |
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786 | 786 | | 31a, 32-61, 32-68a, 32-141, 32-222, 32-223, 32-227, 32-244, 32-244a, 32-262, 660 |
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787 | 787 | | 32-263, 32-265, 32-266, 32-285, 32-341, 32-477, 32-500, 32-503, 32-609, 32-661 |
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788 | 788 | | 761, 32-763 and 32-768. 662 |
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789 | 789 | | (2) Wherever the term "authority" is used in the following sections of 663 |
---|
790 | 790 | | the general statutes, the term "corporation" shall be substituted in lieu 664 |
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791 | 791 | | thereof: 32-14, 32-15, 32-16, 32-16a, 32-17a, 32-18, 32-19, 32-22, 32-22a, 32-665 |
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792 | 792 | | 23a, 32-23j, 32-23o, 32-23p, 32-23q, 32-23r, 32-23s, 32-23v, 32-23x, 32-23y, 666 |
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793 | 793 | | 32-23z, 32-23bb, 32-23ii, 32-23jj, 32-23kk, 32-23ll, 32-23qq, 32-23ss, 32-667 |
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794 | 794 | | 23tt, 32-23uu, 32-23vv, 32-31a, 32-61, 32-62, 32-63, 32-64, 32-65, 32-67, 32-668 |
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795 | 795 | | 68a, 32-262, 32-263, 32-265, 32-267, 32-269, 32-270, 32-271, 32-272, 32-280, 669 |
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796 | 796 | | 32-282, 32-285, 32-341, 32-356, 32-500, 32-503, 32-717 and 32-718. 670 |
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797 | 797 | | Sec. 16. Sections 3-24a to 3-24h, inclusive, of the general statutes are 671 |
---|
798 | 798 | | repealed. (Effective July 1, 2021) 672 |
---|
799 | 799 | | This act shall take effect as follows and shall amend the following |
---|
800 | 800 | | sections: |
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801 | 801 | | |
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802 | 802 | | Section 1 from passage 8-169oo |
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803 | 803 | | Sec. 2 from passage 8-169qq |
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804 | 804 | | Sec. 3 from passage New section |
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805 | 805 | | Sec. 4 July 1, 2021 3-37(a) |
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806 | 806 | | Sec. 5 July 1, 2021 3-62h(q) |
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807 | 807 | | Sec. 6 July 1, 2021 7-406n(d) Raised Bill No. 1012 |
---|
808 | 808 | | |
---|
809 | 809 | | |
---|
810 | 810 | | |
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811 | 811 | | LCO No. 4403 22 of 22 |
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812 | 812 | | |
---|
813 | 813 | | Sec. 7 July 1, 2021 8-169jj(b)(9) |
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814 | 814 | | Sec. 8 July 1, 2021 8-336o(b) |
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815 | 815 | | Sec. 9 July 1, 2021 32-7o(b) |
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816 | 816 | | Sec. 10 July 1, 2021 32-602(b) |
---|
817 | 817 | | Sec. 11 from passage 10-63b |
---|
818 | 818 | | Sec. 12 July 1, 2021 10-283(a)(3) |
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819 | 819 | | Sec. 13 July 1, 2021 3-20(x) |
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820 | 820 | | Sec. 14 July 1, 2021 22a-260a(b) |
---|
821 | 821 | | Sec. 15 July 1, 2021 32-11f(a) |
---|
822 | 822 | | Sec. 16 July 1, 2021 Repealer section |
---|
823 | 823 | | |
---|
824 | 824 | | Statement of Purpose: |
---|
825 | 825 | | To (1) amend provisions concerning the bonding authority of the |
---|
826 | 826 | | Connecticut Municipal Redevelopment Authority, (2) require state |
---|
827 | 827 | | agencies to notify the Treasurer of reportable financial obligations, (3) |
---|
828 | 828 | | remove the Treasurer from the regional school district committee, (4) |
---|
829 | 829 | | remove provisions concerning the Tax-Exempt Proceeds Fund, and (5) |
---|
830 | 830 | | require the approval of the Treasurer for certain transactions. |
---|
831 | 831 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
---|
832 | 832 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
---|
833 | 833 | | underlined.] |
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834 | 834 | | |
---|