Connecticut 2021 Regular Session

Connecticut Senate Bill SB01012 Compare Versions

Only one version of the bill is available at this time.
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66 LCO No. 4403 1 of 22
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88 General Assembly Raised Bill No. 1012
99 January Session, 2021
1010 LCO No. 4403
1111
1212
1313 Referred to Committee on GOVERNMENT ADMINISTRATION
1414 AND ELECTIONS
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1717 Introduced by:
1818 (GAE)
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2020
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2323 AN ACT CONCERNING OP ERATIONS OF THE STATE TREASURER.
2424 Be it enacted by the Senate and House of Representatives in General
2525 Assembly convened:
2626
2727 Section 1. Section 8-169oo of the general statutes is repealed and the 1
2828 following is substituted in lieu thereof (Effective from passage): 2
2929 (a) The board of directors of the Connecticut Municipal 3
3030 Redevelopment Authority is authorized from time to time to issue its 4
3131 bonds, notes and other obligations in such principal amounts as in the 5
3232 opinion of the board shall be necessary to provide sufficient funds for 6
3333 carrying out the purposes set forth in section 8-169jj, as amended by this 7
3434 act, including the payment, funding or refunding of the principal of, or 8
3535 interest or redemption premiums on, any bonds, notes and other 9
3636 obligations issued by it, whether the bonds, notes or other obligations 10
3737 or interest to be funded or refunded have or have not become due, the 11
3838 establishment of reserves to secure such bonds, notes and other 12
3939 obligations, loans made by the authority and all other expenditures of 13
4040 the authority incident to and necessary or convenient to carry out the 14
4141 purposes set forth in section 8-169jj, as amended by this act. 15 Raised Bill No. 1012
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4747 (b) Every issue of bonds, notes or other obligations shall be a general 16
4848 obligation of the authority payable out of any moneys or revenues of the 17
4949 authority and subject only to any agreements with the holders of 18
5050 particular bonds, notes or other obligations pledging any particular 19
5151 moneys or revenues. Any such bonds, notes or other obligations may be 20
5252 additionally secured by any grant or contributions from any 21
5353 department, agency or instrumentality of the United States or person or 22
5454 a pledge of any moneys, income or revenues of the authority from any 23
5555 source whatsoever. 24
5656 (c) Notwithstanding any other provision of any law, any bonds, notes 25
5757 or other obligations issued by the authority pursuant to this section shall 26
5858 be fully negotiable within the meaning and for all purposes of title 42a. 27
5959 Any such bonds, notes or other obligations shall be legal investments 28
6060 for all trust companies, banks, investment companies, savings banks, 29
6161 building and loan associations, executors, administrators, guardians, 30
6262 conservators, trustees and other fiduciaries and pension, profit-sharing 31
6363 and retirement funds. 32
6464 (d) Bonds, notes or other obligations of the authority shall be 33
6565 authorized by resolution of the board of directors of the authority and 34
6666 may be issued in one or more series and shall bear such date or dates, 35
6767 mature at such time or times, in the case of any such note, or any renewal 36
6868 thereof, not exceeding the term of years as the board shall determine 37
6969 from the date of the original issue of such notes, and, in the case of 38
7070 bonds, not exceeding thirty years from the date thereof, bear interest at 39
7171 such rate or rates, be in such denomination or denominations, be in such 40
7272 form, either coupon or registered, carry such conversion or registration 41
7373 privileges, have such rank or priority, be executed in such manner, be 42
7474 payable from such sources in such medium of payment at such place or 43
7575 places within or without this state, and be subject to such terms of 44
7676 redemption, with or without premium, as such resolution or resolutions 45
7777 may provide. 46
7878 (e) Bonds, notes or other obligations of the authority may be sold at 47
7979 public or private sale at such price or prices as the board shall determine. 48 Raised Bill No. 1012
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8585 (f) Bonds, notes or other obligations of the authority may be refunded 49
8686 and renewed from time to time as may be determined by resolution of 50
8787 the board, provided any such refunding or renewal shall be in 51
8888 conformity with any rights of the holders of such bonds, notes or other 52
8989 obligations. 53
9090 (g) [Except as provided in section 8-169qq, bonds] Bonds, notes or 54
9191 other obligations of the authority issued under the provisions of this 55
9292 section shall not be deemed to constitute a debt or liability of the state 56
9393 or of any political subdivision thereof other than the authority, or a 57
9494 pledge of the faith and credit of the state or of any such political 58
9595 subdivision other than the authority, and shall not constitute bonds or 59
9696 notes issued or guaranteed by the state within the meaning of section 3-60
9797 21, but shall be payable solely from the funds as provided in this section. 61
9898 All such bonds, notes or other obligations shall contain on the face 62
9999 thereof a statement to the effect that, unless otherwise provided by law, 63
100100 neither the state of Connecticut nor any political subdivision thereof 64
101101 other than the authority shall be obligated to pay the same or the interest 65
102102 thereof except from revenues or other funds of the authority and that 66
103103 neither the faith and credit nor the taxing power of the state of 67
104104 Connecticut or of any political subdivision thereof other than the 68
105105 authority is pledged to the payment of the principal of, or the interest 69
106106 on, such bonds, notes or other obligations. 70
107107 (h) Any resolution or resolutions authorizing the issuance of bonds, 71
108108 notes or other obligations may contain provisions, except as limited by 72
109109 existing agreements with the holders of bonds, notes or other 73
110110 obligations, which shall be a part of the contract with the holders 74
111111 thereof, as to the following: (1) The pledging of all or any part of the 75
112112 moneys received by the authority to secure the payment of the principal 76
113113 of and interest on any bonds, notes or other obligations or of any issue 77
114114 thereof; (2) the pledging of all or part of the assets of the authority to 78
115115 secure the payment of the principal and interest on any bonds, notes or 79
116116 other obligations or of any issue thereof; (3) the establishment of 80
117117 reserves or sinking funds, the making of charges and fees to provide for 81
118118 the same, and the regulation and disposition thereof; (4) limitations on 82 Raised Bill No. 1012
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124124 the purpose to which the proceeds of sale of bonds, notes or other 83
125125 obligations may be applied and pledging such proceeds to secure the 84
126126 payment of the bonds, notes or other obligations, or of any issues 85
127127 thereof; (5) limitations on the issuance of additional bonds, notes or 86
128128 other obligations, the terms upon which additional bonds, bond 87
129129 anticipation notes or other obligations may be issued and secured, the 88
130130 refunding or purchase of outstanding bonds, notes or other obligations 89
131131 of the authority; (6) the procedure, if any, by which the terms of any 90
132132 contract with the holders of any bonds, notes or other obligations of the 91
133133 authority may be amended or abrogated, the amount of bonds, notes or 92
134134 other obligations the holders of which must consent thereto and the 93
135135 manner in which such consent may be given; (7) limitations on the 94
136136 amount of moneys to be expended by the authority for operating, 95
137137 administrative or other expenses of the authority; (8) the vesting in a 96
138138 trustee or trustees of such property, rights, powers and duties in trust as 97
139139 the authority may determine, which may include any or all of the rights, 98
140140 powers and duties of any trustee appointed by the holders of any bonds, 99
141141 notes or other obligations and limiting or abrogating the right of the 100
142142 holders of any bonds, notes or other obligations of the authority to 101
143143 appoint a trustee or limiting the rights, powers and duties of such 102
144144 trustee; (9) provision for a trust agreement by and between the authority 103
145145 and a corporate trustee which may be any trust company or bank having 104
146146 the powers of a trust company within or without the state, which 105
147147 agreement may provide for the pledging or assigning of any assets or 106
148148 income from assets to which or in which the authority has any rights or 107
149149 interest, and may further provide for such other rights and remedies 108
150150 exercisable by the trustee as may be proper for the protection of the 109
151151 holders of any bonds, notes or other obligations of the authority and not 110
152152 otherwise in violation of law. Such agreement may provide for the 111
153153 restriction of the rights of any individual holder of bonds, notes or other 112
154154 obligations of the authority. All expenses incurred in carrying out the 113
155155 provisions of such trust agreement may be treated as a part of the cost 114
156156 of operation of the authority. The trust agreement may contain any 115
157157 further provisions which are reasonable to delineate further the 116
158158 respective rights, duties, safeguards, responsibilities and liabilities of 117 Raised Bill No. 1012
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164164 the authority, individual and collective holders of bonds, notes and 118
165165 other obligations of the authority and the trustees; (10) covenants to do 119
166166 or refrain from doing such acts and things as may be necessary or 120
167167 convenient or desirable in order to better secure any bonds, notes or 121
168168 other obligations of the authority, or which, in the discretion of the 122
169169 authority, will tend to make any bonds, notes or other obligations to be 123
170170 issued more marketable, notwithstanding that such covenants, acts or 124
171171 things may not be enumerated herein; and (11) any other matters of like 125
172172 or different character, which in any way affect the security or protection 126
173173 of the bonds, notes or other obligations. 127
174174 (i) Any pledge made by the authority of income, revenues or other 128
175175 property shall be valid and binding from the time the pledge is made. 129
176176 The income, revenue, such state taxes as the authority shall be entitled 130
177177 to receive or other property so pledged and thereafter received by the 131
178178 authority shall immediately be subject to the lien of such pledge without 132
179179 any physical delivery thereof or further act, and the lien of any such 133
180180 pledge shall be valid and binding as against all parties having claims of 134
181181 any kind in tort, contract or otherwise against the authority, irrespective 135
182182 of whether such parties have notice thereof. 136
183183 (j) The board of directors of the authority is authorized and 137
184184 empowered to obtain from any department, agency or instrumentality 138
185185 of the United States any insurance or guarantee as to, or of or for the 139
186186 payment or repayment of, interest or principal or both, or any part 140
187187 thereof, on any bonds, notes or other obligations issued by the authority 141
188188 pursuant to the provisions of this section and, notwithstanding any 142
189189 other provisions of sections 8-169ii to 8-169ss, inclusive, to enter into any 143
190190 agreement, contract or any other instrument whatsoever with respect to 144
191191 any such insurance or guarantee except to the extent that such action 145
192192 would in any way impair or interfere with the authority's ability to 146
193193 perform and fulfill the terms of any agreement made with the holders 147
194194 of the bonds, bond anticipation notes or other obligations of the 148
195195 authority. 149
196196 [(k) Neither the members of the board of directors of the authority 150 Raised Bill No. 1012
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202202 nor any person executing bonds, notes or other obligations of the 151
203203 authority issued pursuant to this section shall be liable personally on 152
204204 such bonds, notes or other obligations or be subject to any personal 153
205205 liability or accountability by reason of the issuance thereof, nor shall any 154
206206 director, officer or employee of the authority be personally liable for 155
207207 damage or injury caused in the performance of such director, officer or 156
208208 employee's duties and within the scope of employment or appointment 157
209209 as such director, officer or employee, provided the conduct of such 158
210210 director, officer or employee was found not to have been wanton, 159
211211 reckless, wilful or malicious. The authority shall protect, save harmless 160
212212 and indemnify its directors, officers or employees from financial loss 161
213213 and expense, including legal fees and costs, if any, arising out of any 162
214214 claim, demand, suit or judgment by reason of alleged negligence or 163
215215 alleged deprivation of any person's civil rights or any other act or 164
216216 omission resulting in damage or injury, if the director, officer or 165
217217 employee is found to have been acting in the discharge of his or her 166
218218 duties or within the scope of his or her employment and such act or 167
219219 omission is found not to have been wanton, reckless, wilful or 168
220220 malicious.] 169
221221 [(l)] (k) The board of directors of the authority [shall have power to] 170
222222 may purchase bonds, notes or other obligations of the authority out of 171
223223 any funds available for such purpose. The authority may hold, cancel or 172
224224 resell such bonds, notes or other obligations subject to and in accordance 173
225225 with agreements with holders of its bonds, notes and other obligations. 174
226226 [(m)] (l) All moneys received pursuant to the authority of this section, 175
227227 whether as proceeds from the sale of bonds or as revenues, shall be 176
228228 deemed to be trust funds to be held and applied solely as provided in 177
229229 this section. Any officer with whom, or any bank or trust company with 178
230230 which, such moneys shall be deposited shall act as trustee of such 179
231231 moneys and shall hold and apply the same for the purposes of section 180
232232 8-169jj, as amended by this act, and the resolution authorizing the bonds 181
233233 of any issue or the trust agreement securing such bonds may provide. 182
234234 [(n)] (m) Any holder of bonds, notes or other obligations issued under 183 Raised Bill No. 1012
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240240 the provisions of this section, and the trustee or trustees under any trust 184
241241 agreement, except to the extent the rights herein given may be restricted 185
242242 by any resolution authorizing the issuance of or any such trust 186
243243 agreement securing such bonds, may, either at law or in equity, by suit, 187
244244 action, mandamus or other proceeding, protect and enforce any and all 188
245245 rights under the laws of the state or granted under this section or under 189
246246 such resolution or trust agreement and may enforce and compel the 190
247247 performance of all duties required by this section or by such resolution 191
248248 or trust agreement to be performed by the authority or by any officer, 192
249249 employee or agent of the authority, including the fixing, charging and 193
250250 collecting of the rates, rents, fees and charges herein authorized and 194
251251 required by the provisions of such resolution or trust agreement to be 195
252252 fixed, established and collected. 196
253253 [(o)] (n) The authority may make representations and agreements for 197
254254 the benefit of the holders of any bonds, notes or other obligations of the 198
255255 state which are necessary or appropriate to ensure the exclusion from 199
256256 gross income for federal income tax purposes of interest on bonds, notes 200
257257 or other obligations of the state from taxation under the Internal 201
258258 Revenue Code of 1986 or any subsequent corresponding internal 202
259259 revenue code of the United States, as amended from time to time, 203
260260 including agreement to pay rebates to the federal government of 204
261261 investment earnings derived from the investment of the proceeds of the 205
262262 bonds, notes or other obligations of the authority. Any such agreement 206
263263 may include: (1) A covenant to pay rebates to the federal government of 207
264264 investment earnings derived from the investment of the proceeds of the 208
265265 bonds, notes or other obligations of the authority; (2) a covenant that the 209
266266 authority will not limit or alter its rebate obligations until its obligations 210
267267 to the holders or owners of such bonds, notes or other obligations are 211
268268 finally met and discharged; and (3) provisions to (A) establish trust and 212
269269 other accounts which may be appropriate to carry out such 213
270270 representations and agreements, (B) retain fiscal agents as depositories 214
271271 for such funds and accounts, and (C) provide that such fiscal agents may 215
272272 act as trustee of such funds and accounts. 216
273273 Sec. 2. Section 8-169qq of the general statutes is repealed and the 217 Raised Bill No. 1012
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279279 following is substituted in lieu thereof (Effective from passage): 218
280280 [(a) The state shall protect, save harmless and indemnify the 219
281281 directors, officers and employees of the Connecticut Municipal 220
282282 Redevelopment Authority from financial loss and expenses, including 221
283283 legal fees and costs, if any, arising out of any claim, demand, suit or 222
284284 judgment based upon any alleged act or omission of any such director, 223
285285 officer or employee in connection with, or any other legal challenge to, 224
286286 authority development projects within a Connecticut Municipal 225
287287 Redevelopment Authority development district, provided any such 226
288288 director, officer or employee is found to have been acting in the 227
289289 discharge of such director, officer or employee's duties or within the 228
290290 scope of such director, officer or employee's employment and any such 229
291291 act or omission is found not to have been wanton, reckless, wilful or 230
292292 malicious. 231
293293 (b) In the event any bond, note or other obligation of the authority 232
294294 cannot be paid by the authority, the state shall assume the liability of 233
295295 and make payment on such debt.] 234
296296 (a) For the purposes of this section, "required minimum capital 235
297297 reserve" means the maximum amount permitted to be deposited in a 236
298298 special capital reserve fund by the Internal Revenue Code of 1986, or 237
299299 any subsequent corresponding internal revenue code of the United 238
300300 States, as amended from time to time, to permit the interest on such 239
301301 bonds to be excluded from gross income for federal tax purposes and 240
302302 secured by such special capital reserve fund. 241
303303 (b) In connection with the issuance of bonds or to refund bonds 242
304304 previously issued by the authority, or in connection with the issuance of 243
305305 bonds to effect a refinancing or other restructuring with respect to one 244
306306 or more projects, the authority may create and establish one or more 245
307307 reserve funds to be known as special capital reserve funds, and may pay 246
308308 into such special capital reserve funds (1) any moneys appropriated and 247
309309 made available by the state for the purposes of such special capital 248
310310 reserve funds, (2) any proceeds of the sale of notes or bonds, to the extent 249 Raised Bill No. 1012
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316316 provided in the resolution of said authority authorizing the issuance 250
317317 thereof, and (3) any other moneys which may be made available to the 251
318318 authority for the purpose of such special capital reserve funds from any 252
319319 other source or sources. 253
320320 (c) Except as otherwise provided in this section, the moneys held in 254
321321 or credited to any special capital reserve fund established under this 255
322322 section shall be used for (1) the payment of the principal of and interest, 256
323323 when due, whether at maturity or by mandatory sinking fund 257
324324 installments, on bonds of the authority secured by such special capital 258
325325 reserve fund as such payments become due, or (2) the purchase of such 259
326326 bonds of the authority and the payment of any redemption premium 260
327327 required to be paid when such bonds are redeemed prior to maturity, 261
328328 including reimbursement of a provider of bond insurance or of a credit 262
329329 or liquidity facility that has paid such redemption premiums. The 263
330330 authority may prohibit the withdrawal of moneys in any such special 264
331331 capital reserve fund in an amount that would result in the balance of 265
332332 such fund being less than (A) the maximum amount of principal and 266
333333 interest becoming due by reasons of maturity or a required sinking fund 267
334334 installment in the then current or any succeeding calendar year on the 268
335335 bonds of said authority then outstanding, or (B) the required minimum 269
336336 capital reserve, except for the purpose of paying such principal of, 270
337337 redemption premium and interest on such bonds of the authority 271
338338 secured by such special capital reserve becoming due and for the 272
339339 payment of which other moneys of said authority are not available. The 273
340340 authority may provide that it shall not issue bonds secured by a special 274
341341 capital reserve fund at any time if the required minimum capital reserve 275
342342 on the bonds outstanding and the bonds then to be issued and secured 276
343343 by the same special capital reserve fund at the time of issuance exceeds 277
344344 the moneys in the special capital reserve fund, unless the authority, at 278
345345 the time of the issuance of such bonds, deposits in such special capital 279
346346 reserve fund from the proceeds of the bonds so to be issued, or from 280
347347 other sources, an amount which, together with the amount then in such 281
348348 special capital reserve fund, will be not less than the required minimum 282
349349 capital reserve. 283 Raised Bill No. 1012
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354354
355355 (d) Prior to December first, annually, the authority shall deposit into 284
356356 any special capital reserve fund, the balance of which has fallen below 285
357357 the required minimum capital reserve of such fund, the full amount 286
358358 required to meet the minimum capital reserve of such fund, as available 287
359359 to the authority from any resources of the authority not otherwise 288
360360 pledged or dedicated to another purpose. On or before December first, 289
361361 annually, but after the authority has made such required deposit, there 290
362362 is deemed to be appropriated from the General Fund such sums, if any, 291
363363 as shall be certified by the chairperson or vice-chairperson of the 292
364364 authority to the Secretary of the Office of Policy and Management, the 293
365365 State Treasurer and the joint standing committees of the General 294
366366 Assembly having cognizance of matters relating to finance, revenue and 295
367367 bonding and planning and development, as necessary to restore each 296
368368 such special capital reserve fund to the amount equal to the required 297
369369 minimum capital reserve of such fund, and such amounts shall be 298
370370 allotted and paid to the authority. For the purpose of evaluation of any 299
371371 such special capital reserve fund, obligations acquired as an investment 300
372372 for any such special capital reserve fund shall be valued at amortized 301
373373 cost. 302
374374 (e) Nothing contained in this section shall preclude the authority 303
375375 from establishing and creating other debt service reserve funds in 304
376376 connection with the issuance of bonds or notes of the authority which 305
377377 are not special capital reserve funds. Subject to any agreement or 306
378378 agreements with holders of outstanding notes and bonds of the 307
379379 authority, any amount or amounts allotted and paid to the authority 308
380380 pursuant to subsection (d) of this section shall be repaid to the state from 309
381381 moneys of the authority at such time as such moneys are not required 310
382382 for any other of the authority's corporate purposes, and in any event 311
383383 shall be repaid to the state on the date one year after all bonds and notes 312
384384 of the authority theretofore issued on the date or dates such amount or 313
385385 amounts are allotted and paid to the authority or thereafter issued, 314
386386 together with interest on such bonds and notes, with interest on any 315
387387 unpaid installments of interest and all costs and expenses in connection 316
388388 with any action or proceeding by or on behalf of the holders thereof, are 317 Raised Bill No. 1012
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394394 fully met and discharged. 318
395395 (f) No bonds secured by a special capital reserve fund shall be issued 319
396396 to pay project costs unless the authority has obtained the required 320
397397 approvals under subsection (g) of this section and determines that the 321
398398 revenues from the project shall be sufficient to (1) pay the principal of 322
399399 and interest on the bonds issued to finance the project, (2) establish, 323
400400 increase and maintain any reserves deemed by the authority to be 324
401401 advisable to secure the payment of the principal of and interest on such 325
402402 bonds, (3) pay the cost of maintaining the project in good repair and 326
403403 keeping it properly insured, and (4) pay such other costs of the project 327
404404 as may be required. 328
405405 (g) No bonds secured by a special capital reserve fund shall be issued 329
406406 by the authority until and unless such issuance has been approved by 330
407407 the Secretary of the Office of Policy and Management or his or her 331
408408 deputy. Any such approval by the secretary pursuant to this subsection 332
409409 shall be in addition to (1) the otherwise required opinion of sufficiency 333
410410 by the authority set forth in subsection (f) of this section, and (2) the 334
411411 approval of the State Treasurer or the Deputy State Treasurer and the 335
412412 documentation by the authority otherwise required under subsection 336
413413 (a) of section 1-124. Such approval may provide for the waiver or 337
414414 modification of such other requirements of this section as the secretary 338
415415 determines to be necessary or appropriate in order to effectuate such 339
416416 issuance, subject to all applicable tax covenants of the authority and the 340
417417 state. 341
418418 (h) Notwithstanding any other provision contained in this section, 342
419419 the aggregate amount of bonds secured by such special capital reserve 343
420420 fund authorized to be created and established by this section shall not 344
421421 exceed fifty million dollars. 345
422422 Sec. 3. (NEW) (Effective from passage) (a) Before any state officer, state 346
423423 employee, state agency, state board or state commission, or any agent 347
424424 thereof, for any purpose, (1) shall incur any financial obligation of the 348
425425 state, or (2) shall enter into any agreement to covenants, events of 349 Raised Bill No. 1012
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431431 default, remedies, priority rights or other similar terms in connection 350
432432 with a financial obligation of the state, where such financial obligation 351
433433 is (A) in excess of one million dollars, or (B) encumbers property or 352
434434 rights of the state material to the operations of the state, such officer, 353
435435 employee, agency, board or commission, or any agent thereof, shall 354
436436 notify the State Treasurer of such proposed obligation or agreement and 355
437437 receive a written acknowledgment under this section. Upon receipt of 356
438438 such notification, the State Treasurer shall determine whether the 357
439439 information provided is adequate for the State Treasurer to meet timely 358
440440 required disclosure obligations under federal securities law. Once the 359
441441 State Treasurer has determined that adequate disclosure information 360
442442 has been received concerning the financial obligation, including any 361
443443 document pursuant to which such financial obligation is to be incurred 362
444444 and such additional information as may be requested by the State 363
445445 Treasurer, the State Treasurer, or his or her designee, shall provide 364
446446 written acknowledgment of such determination to the state officer, state 365
447447 employee, state agency, state board or state commission, or any agent 366
448448 thereof. The State Treasurer may establish, and revise from time to time, 367
449449 exemptions from such filing requirements as the State Treasurer 368
450450 determines are consistent with the state's obligations under the federal 369
451451 securities laws. 370
452452 (b) For the purposes of this section, (1) "state officer, state employee, 371
453453 state agency, state board or state commission, or any agent thereof" 372
454454 includes the John Dempsey Hospital Finance Corporation or any similar 373
455455 organization; and (2) "financial obligation" means (A) a debt obligation, 374
456456 (B) a derivative instrument entered into in connection with, or pledged 375
457457 as security or a source of payment for, an existing or planned debt 376
458458 obligation, (C) a guarantee of subparagraph (A) or (B) of this 377
459459 subdivision, or (D) any other financial obligation, as defined in 17 CFR 378
460460 240.15c2-12, as amended from time to time. 379
461461 Sec. 4. Subsection (a) of section 3-37 of the general statutes is repealed 380
462462 and the following is substituted in lieu thereof (Effective July 1, 2021): 381
463463 (a) The Treasurer shall, annually, on or before December thirty-first, 382 Raised Bill No. 1012
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469469 submit a final audited report to the Governor and a copy of such report 383
470470 to the Investment Advisory Council, which shall include the following 384
471471 information concerning the activities of the office of the State Treasurer 385
472472 for the immediately preceding fiscal year ending June thirtieth: (1) 386
473473 Complete financial statements and accompanying footnotes for the 387
474474 combined investment funds prepared in accordance with generally 388
475475 accepted accounting principles, which financial statements shall be 389
476476 audited in accordance with generally accepted auditing standards and 390
477477 supplementary schedules depicting the interests of the component 391
478478 retirement plans and trust funds; (2) complete financial statements and 392
479479 accompanying footnotes for the Short Term Investment Fund prepared 393
480480 in accordance with generally accepted accounting principles and 394
481481 supplementary schedules listing all assets held by the Short Term 395
482482 Investment Fund; (3) a discussion and review of the performance of the 396
483483 combined investment funds and Short Term Investment Fund for such 397
484484 fiscal year in accordance with recognized and appropriate performance 398
485485 presentation and disclosure, including an analysis of the return earned 399
486486 by the portfolio and each combined investment fund as well as the risk 400
487487 profile of the portfolio and each combined investment fund according 401
488488 to investment industry standards; (4) the activities and transactions in 402
489489 such reasonable detail as is appropriate of the cash management 403
490490 division including information on the state's cash receipts and 404
491491 disbursements for the fiscal year, and the debt management division; 405
492492 [including the financial statements of the tax-exempt proceeds fund 406
493493 prepared in accordance with generally accepted accounting principles;] 407
494494 (5) financial statements and accompanying footnotes as well as a 408
495495 summary of operating results for the Second Injury Fund for such fiscal 409
496496 year; (6) a financial summary and report on the activities of the state's 410
497497 unclaimed property program for such fiscal year; (7) a listing of the 411
498498 companies from which state funds were divested based upon such 412
499499 companies' business in Sudan, pursuant to the provisions of section 3-413
500500 21e, and any companies identified by the Treasurer as companies from 414
501501 which investment of state funds has been declared impermissible by the 415
502502 Treasurer, pursuant to the provisions of section 3-21e; and (8) such other 416
503503 information as the Treasurer deems of interest to the public. 417 Raised Bill No. 1012
504504
505505
506506
507507 LCO No. 4403 14 of 22
508508
509509 Sec. 5. Subsection (q) of section 3-62h of the general statutes is 418
510510 repealed and the following is substituted in lieu thereof (Effective July 1, 419
511511 2021): 420
512512 (q) Any moneys held by the Treasurer or by a trustee pursuant to an 421
513513 indenture of trust with respect to abandoned property fund bonds 422
514514 including pledged revenues, other pledged receipts, funds or moneys 423
515515 and proceeds from the sale of such abandoned property fund bonds, 424
516516 may, pending the use or application of the proceeds thereof for an 425
517517 authorized purpose, be (1) invested and reinvested in such obligations, 426
518518 securities and investments as are set forth in subsection (f) of section 3-427
519519 20 [,] and in participation certificates in the Short Term Investment 428
520520 Funds created under sections 3-27a and 3-27f, [and in participation 429
521521 certificates or securities of the Tax-Exempt Proceeds Fund created under 430
522522 section 3-24a] or (2) deposited or redeposited in such bank or banks as 431
523523 shall be provided in the proceedings. Unless the proceedings provide 432
524524 otherwise, proceeds from investments authorized by this subsection, 433
525525 less amounts required under the proceedings authorizing the issuance 434
526526 of abandoned property fund bonds for the payment of Special 435
527527 Abandoned Property Fund financing costs relating to such abandoned 436
528528 property fund bonds, shall be credited to the Special Abandoned 437
529529 Property Fund. 438
530530 Sec. 6. Subsection (d) of section 7-406n of the general statutes is 439
531531 repealed and the following is substituted in lieu thereof (Effective July 1, 440
532532 2021): 441
533533 (d) Any moneys held by the Treasurer or by a trustee pursuant to an 442
534534 indenture of trust with respect to municipal pension solvency account 443
535535 bonds including pledged revenues, other pledged receipts, funds or 444
536536 moneys and proceeds from the sale of such municipal pension solvency 445
537537 account bonds, may, pending the use or application of such proceeds 446
538538 for an authorized purpose, be (1) invested and reinvested in such 447
539539 obligations, securities and investments as are set forth in subsection (f) 448
540540 of section 3-20 [,] and in participation certificates in the Short Term 449
541541 Investment Funds created under sections 3-27a and 3-27f, [and in 450 Raised Bill No. 1012
542542
543543
544544
545545 LCO No. 4403 15 of 22
546546
547547 participation certificates or securities of the Tax-Exempt Proceeds Fund 451
548548 created under section 3-24a,] or (2) deposited or redeposited in such 452
549549 bank or banks as shall be provided in the proceedings authorizing the 453
550550 issuance of municipal pension solvency account bonds. Unless the 454
551551 proceedings provide otherwise, proceeds from investments authorized 455
552552 by this subsection, less amounts required under the proceedings for the 456
553553 payment of municipal pension solvency loan costs relating to such 457
554554 municipal pension solvency account bonds, shall be credited to the 458
555555 municipal pension solvency account. 459
556556 Sec. 7. Subdivision (9) of subsection (b) of section 8-169jj of the general 460
557557 statutes is repealed and the following is substituted in lieu thereof 461
558558 (Effective July 1, 2021): 462
559559 (9) Invest any funds not needed for immediate use or disbursement 463
560560 in obligations issued or guaranteed by the United States or the state, 464
561561 including the Short Term Investment Fund, [and the Tax-Exempt 465
562562 Proceeds Fund,] and in other obligations that are legal investments for 466
563563 savings banks in this state, and in-time deposits or certificates of deposit 467
564564 or other similar banking arrangements secured in such manner as the 468
565565 authority determines; 469
566566 Sec. 8. Subsection (b) of section 8-336o of the general statutes is 470
567567 repealed and the following is substituted in lieu thereof (Effective July 1, 471
568568 2021): 472
569569 (b) Any moneys held in the Housing Trust Fund may, pending the 473
570570 use or application of the proceeds thereof for an authorized purpose, be 474
571571 (1) invested and reinvested in such obligations, securities and 475
572572 investments as are set forth in subsection (f) of section 3-20, in 476
573573 participation certificates in the Short Term Investment Fund created 477
574574 under sections 3-27a and 3-27f, [and in participation certificates or 478
575575 securities of the Tax-Exempt Proceeds Fund created under section 3-479
576576 24a,] (2) deposited or redeposited in such bank or banks at the direction 480
577577 of the Treasurer, or (3) invested in participation units in the combined 481
578578 investment funds, as defined in section 3-31b. Unless otherwise 482 Raised Bill No. 1012
579579
580580
581581
582582 LCO No. 4403 16 of 22
583583
584584 provided pursuant to subsection (c) of this section, proceeds from 483
585585 investments authorized by this subsection shall be credited to the 484
586586 Housing Trust Fund. 485
587587 Sec. 9. Subsection (b) of section 32-7o of the general statutes is 486
588588 repealed and the following is substituted in lieu thereof (Effective July 1, 487
589589 2021): 488
590590 (b) Any moneys held in the Connecticut Manufacturing Innovation 489
591591 Fund may, pending the use or application of the proceeds thereof for an 490
592592 authorized purpose, be (1) invested and reinvested in such obligations, 491
593593 securities and investments as are set forth in subsection (f) of section 3-492
594594 20, in participation certificates in the Short Term Investment Fund 493
595595 created under sections 3-27a and 3-27f, [and in participation certificates 494
596596 or securities of the Tax-Exempt Proceeds Fund created under section 3-495
597597 24a,] (2) deposited or redeposited in any bank or banks, at the direction 496
598598 of the Treasurer, or (3) invested in participation units in the combined 497
599599 investment funds, as defined in section 3-31b. Proceeds from 498
600600 investments authorized by this subsection shall be credited to the 499
601601 Connecticut Manufacturing Innovation Fund. 500
602602 Sec. 10. Subsection (b) of section 32-602 of the general statutes is 501
603603 repealed and the following is substituted in lieu thereof (Effective July 1, 502
604604 2021): 503
605605 (b) For these purposes, the authority shall have the following powers: 504
606606 (1) To have perpetual succession as a body corporate and to adopt 505
607607 procedures for the regulation of its affairs and the conduct of its business 506
608608 as provided in subsection (f) of section 32-601, to adopt a corporate seal 507
609609 and alter the same at its pleasure, and to maintain an office at such place 508
610610 or places within the city of Hartford as it may designate; (2) to sue and 509
611611 be sued, to contract and be contracted with; (3) to employ such 510
612612 assistants, agents and other employees as may be necessary or desirable 511
613613 to carry out its purposes, which employees shall be exempt from the 512
614614 classified service and shall not be employees, as defined in subsection 513
615615 (b) of section 5-270, to fix their compensation, to establish and modify 514 Raised Bill No. 1012
616616
617617
618618
619619 LCO No. 4403 17 of 22
620620
621621 personnel procedures as may be necessary from time to time and to 515
622622 negotiate and enter into collective bargaining agreements with labor 516
623623 unions; (4) to acquire, lease, hold and dispose of personal property for 517
624624 the purposes set forth in this section; (5) to procure insurance against 518
625625 any liability or loss in connection with its property and other assets, in 519
626626 such amounts and from such insurers as it deems desirable and to 520
627627 procure insurance for employees; (6) to invest any funds not needed for 521
628628 immediate use or disbursement in obligations issued or guaranteed by 522
629629 the United States of America or the state of Connecticut, including the 523
630630 Short Term Investment Fund, [and the Tax-Exempt Proceeds Fund,] and 524
631631 in other obligations which are legal investments for savings banks in 525
632632 this state and in time deposits or certificates of deposit or other similar 526
633633 banking arrangements secured in such manner as the authority 527
634634 determines; (7) notwithstanding any other provision of the general 528
635635 statutes, upon request of the Secretary of the Office of Policy and 529
636636 Management, to enter into an agreement for funding to facilitate the 530
637637 relocation of state offices within the capital city economic development 531
638638 district; (8) to enter into such memoranda of understanding as the 532
639639 authority deems appropriate to carry out its responsibilities under this 533
640640 chapter; and (9) to do all acts and things necessary or convenient to carry 534
641641 out the purposes of and the powers expressly granted by this section. 535
642642 Sec. 11. Section 10-63b of the general statutes is repealed and the 536
643643 following is substituted in lieu thereof (Effective from passage): 537
644644 Within thirty days of receipt of an application pursuant to section 10-538
645645 63a the regional board of education shall call for the appointment of a 539
646646 committee to study issues relating to withdrawal or dissolution. The 540
647647 committee shall consist of the following: One member of the board of 541
648648 education of each town within the district, to be selected by each such 542
649649 board, if any, or if none, an elector to be elected by the legislative body 543
650650 in such town; one member of the board of finance or comparable fiscal 544
651651 body of each town within the district to be selected by each such board 545
652652 or body; two members of the regional board of education, to be selected 546
653653 by such board, no more than one of whom may be a resident of a town 547
654654 making the application for the appointment of the committee; one 548 Raised Bill No. 1012
655655
656656
657657
658658 LCO No. 4403 18 of 22
659659
660660 member to be appointed by the Commissioner of Education, who [shall] 549
661661 is not [be] a resident of any town within the district; [the State Treasurer 550
662662 or the Treasurer's designee,] and one member to be appointed by the 551
663663 regional board of education, who [shall be] is an expert in municipal 552
664664 bonding and financing and who [shall] is not [be] a resident of any town 553
665665 within the district. The members shall receive no compensation for their 554
666666 services, but their expenses and those incurred by the regional board in 555
667667 connection with withdrawal or dissolution procedures shall be paid by 556
668668 the towns applying for withdrawal or dissolution. The appointee of the 557
669669 Commissioner of Education shall call the first meeting of the committee, 558
670670 and the committee shall organize and function in accordance with 559
671671 section 10-41. 560
672672 Sec. 12. Subdivision (3) of subsection (a) of section 10-283 of the 561
673673 general statutes is repealed and the following is substituted in lieu 562
674674 thereof (Effective July 1, 2021): 563
675675 (3) (A) All final calculations completed by the Department of 564
676676 Administrative Services for school building projects shall include a 565
677677 computation of the state grant for the school building project amortized 566
678678 on a straight line basis over a twenty-year period for school building 567
679679 projects with costs equal to or greater than two million dollars and over 568
680680 a ten-year period for school building projects with costs less than two 569
681681 million dollars. Any town or regional school district which abandons, 570
682682 sells, leases, demolishes or otherwise redirects the use of such a school 571
683683 building project to other than a public school use during such 572
684684 amortization period shall refund to the state the unamortized balance of 573
685685 the state grant remaining as of the date the abandonment, sale, lease, 574
686686 demolition or redirection occurs. The amortization period for a project 575
687687 shall begin on the date the project was accepted as complete by the local 576
688688 or regional board of education. A town or regional school district 577
689689 required to make a refund to the state pursuant to this subdivision may 578
690690 request forgiveness of such refund if the building is redirected for public 579
691691 use. The Department of Administrative Services shall include as an 580
692692 addendum to the annual school construction priority list all those towns 581
693693 requesting forgiveness. General Assembly approval of the priority list 582 Raised Bill No. 1012
694694
695695
696696
697697 LCO No. 4403 19 of 22
698698
699699 containing such request shall constitute approval of such request. This 583
700700 subdivision shall not apply to projects to correct safety, health and other 584
701701 code violations or to remedy certified school indoor air quality 585
702702 emergencies approved pursuant to subsection (b) of this section or 586
703703 projects subject to the provisions of section 10-285c. 587
704704 (B) If the board of governors for an independent institution of higher 588
705705 education, as defined in subsection (a) of section 10a-173, or the 589
706706 equivalent of such a board, on behalf of the independent institution of 590
707707 higher education, that operates an interdistrict magnet school makes 591
708708 private use of any portion of a school building in which such operator 592
709709 received a school building project grant pursuant to this chapter, such 593
710710 operator shall annually submit a report to the Commissioner of 594
711711 Education that demonstrates that such operator provides an equal to or 595
712712 greater than in-kind or supplemental benefit of such institution's 596
713713 facilities to students enrolled in such interdistrict magnet school that 597
714714 outweighs the private use of such school building. If the commissioner 598
715715 finds that the private use of such school building exceeds the in-kind or 599
716716 supplemental benefit to magnet school students, the commissioner may 600
717717 require such institution to refund to the state the unamortized balance 601
718718 of the state grant. 602
719719 [(C) Any moneys refunded to the state pursuant to subparagraphs 603
720720 (A) and (B) of this subdivision shall be deposited in the state's tax-604
721721 exempt proceeds fund and used not later than sixty days after 605
722722 repayment to pay debt service on, including redemption, defeasance or 606
723723 purchase of, outstanding bonds of the state the interest on which is not 607
724724 included in gross income pursuant to Section 103 of the Internal 608
725725 Revenue Code of 1986, or any subsequent corresponding internal 609
726726 revenue code of the United States, as from time to time amended.] 610
727727 Sec. 13. Subsection (x) of section 3-20 of the general statutes is 611
728728 repealed and the following is substituted in lieu thereof (Effective July 1, 612
729729 2021): 613
730730 (x) Notwithstanding any provision of the general statutes, public acts 614 Raised Bill No. 1012
731731
732732
733733
734734 LCO No. 4403 20 of 22
735735
736736 or special acts, [upon] any sale, lease or other disposition to or use by a 615
737737 nongovernmental entity of all or a portion of any project financed with 616
738738 proceeds of bonds of the state the interest on which is not included in 617
739739 gross income pursuant to Section 103 of the Internal Revenue Code of 618
740740 1986, or any subsequent corresponding internal revenue code of the 619
741741 United States, as from time to time amended, that would otherwise 620
742742 cause such bonds to be treated as private activity bonds within the 621
743743 meaning of Section 141 of said internal revenue code [,] shall be subject 622
744744 to the prior approval of the Treasurer, and the Treasurer is authorized 623
745745 to transfer all or a portion of the proceeds received with respect to and 624
746746 at the time of such disposition or use, in an amount not less than the 625
747747 amount required by said internal revenue code to preserve the exclusion 626
748748 from gross income of interest on such bonds, (1) to the General Fund to 627
749749 pay debt service on, including redemption, defeasance or purchase of, 628
750750 outstanding bonds of the state the interest on which is not included in 629
751751 gross income pursuant to Section 103 of said internal revenue code, (2) 630
752752 with the approval of the State Bond Commission, in lieu of the issuance 631
753753 of bonds, to the appropriate account or fund for any projects or purposes 632
754754 authorized by the State Bond Commission pursuant to a bond act and 633
755755 with the same force and effect as bond proceeds, thereby reducing the 634
756756 authority to issue bonds by such dollar amount, provided in any event 635
757757 that any such transfer does not cause the interest on the subject bonds 636
758758 to become included in gross income pursuant to Section 103 of said 637
759759 internal revenue code. 638
760760 Sec. 14. Subsection (b) of section 22a-260a of the general statutes is 639
761761 repealed and the following is substituted in lieu thereof (Effective July 1, 640
762762 2021): 641
763763 (b) Wherever the words "Connecticut Resources Recovery Authority" 642
764764 are used in any public or special act of 2014 or in the following sections 643
765765 of the general statutes, the words "Materials Innovation and Recycling 644
766766 Authority" shall be substituted in lieu thereof: 1-79, 1-120, 1-124, 1-125, 645
767767 [3-24d, 3-24f,] 7-329a, 12-412, 12-459, 16-1, 16-245, 16-245b, 22a-208a, 22a-646
768768 208v, 22a-209h, 22a-219b, 22a-220, 22a-241, 22a-260, 22a-261, 22a-263a, 647
769769 22a-263b, 22a-268a, 22a-268b, 22a-270a, 22a-272a, 22a-282, 22a-283, 22a-648 Raised Bill No. 1012
770770
771771
772772
773773 LCO No. 4403 21 of 22
774774
775775 284, 32-1e and 32-658. 649
776776 Sec. 15. Subsection (a) of section 32-11f of the general statutes is 650
777777 repealed and the following is substituted in lieu thereof (Effective July 1, 651
778778 2021): 652
779779 (a) (1) Wherever the term "Connecticut Development Authority" is 653
780780 used in the following sections of the general statutes, the term 654
781781 "Connecticut Innovations, Incorporated" shall be substituted in lieu 655
782782 thereof: [3-24d, 3-24f,] 3-99d, 8-134, 8-134a, 8-192, 8-192a, 8-240m, 13b-656
783783 79w, 16-243v, 22a-134, 22a-173, 22a-259, 22a-264, 25-33a, 32-1l, 32-3, 32-657
784784 4l, 32-6j, 32-9c, 32-9n, 32-9qq, 32-22b, 32-23l, 32-23o, 32-23q, 32-23r, 32-658
785785 23s, 32-23t, 32-23v, 32-23x, 32-23z, 32-23aa, 32-23qq, 32-23ss, 32-23tt, 32-659
786786 31a, 32-61, 32-68a, 32-141, 32-222, 32-223, 32-227, 32-244, 32-244a, 32-262, 660
787787 32-263, 32-265, 32-266, 32-285, 32-341, 32-477, 32-500, 32-503, 32-609, 32-661
788788 761, 32-763 and 32-768. 662
789789 (2) Wherever the term "authority" is used in the following sections of 663
790790 the general statutes, the term "corporation" shall be substituted in lieu 664
791791 thereof: 32-14, 32-15, 32-16, 32-16a, 32-17a, 32-18, 32-19, 32-22, 32-22a, 32-665
792792 23a, 32-23j, 32-23o, 32-23p, 32-23q, 32-23r, 32-23s, 32-23v, 32-23x, 32-23y, 666
793793 32-23z, 32-23bb, 32-23ii, 32-23jj, 32-23kk, 32-23ll, 32-23qq, 32-23ss, 32-667
794794 23tt, 32-23uu, 32-23vv, 32-31a, 32-61, 32-62, 32-63, 32-64, 32-65, 32-67, 32-668
795795 68a, 32-262, 32-263, 32-265, 32-267, 32-269, 32-270, 32-271, 32-272, 32-280, 669
796796 32-282, 32-285, 32-341, 32-356, 32-500, 32-503, 32-717 and 32-718. 670
797797 Sec. 16. Sections 3-24a to 3-24h, inclusive, of the general statutes are 671
798798 repealed. (Effective July 1, 2021) 672
799799 This act shall take effect as follows and shall amend the following
800800 sections:
801801
802802 Section 1 from passage 8-169oo
803803 Sec. 2 from passage 8-169qq
804804 Sec. 3 from passage New section
805805 Sec. 4 July 1, 2021 3-37(a)
806806 Sec. 5 July 1, 2021 3-62h(q)
807807 Sec. 6 July 1, 2021 7-406n(d) Raised Bill No. 1012
808808
809809
810810
811811 LCO No. 4403 22 of 22
812812
813813 Sec. 7 July 1, 2021 8-169jj(b)(9)
814814 Sec. 8 July 1, 2021 8-336o(b)
815815 Sec. 9 July 1, 2021 32-7o(b)
816816 Sec. 10 July 1, 2021 32-602(b)
817817 Sec. 11 from passage 10-63b
818818 Sec. 12 July 1, 2021 10-283(a)(3)
819819 Sec. 13 July 1, 2021 3-20(x)
820820 Sec. 14 July 1, 2021 22a-260a(b)
821821 Sec. 15 July 1, 2021 32-11f(a)
822822 Sec. 16 July 1, 2021 Repealer section
823823
824824 Statement of Purpose:
825825 To (1) amend provisions concerning the bonding authority of the
826826 Connecticut Municipal Redevelopment Authority, (2) require state
827827 agencies to notify the Treasurer of reportable financial obligations, (3)
828828 remove the Treasurer from the regional school district committee, (4)
829829 remove provisions concerning the Tax-Exempt Proceeds Fund, and (5)
830830 require the approval of the Treasurer for certain transactions.
831831 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
832832 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
833833 underlined.]
834834