20 | | - | from the tax imposed under subparagraph (J) of subdivision (1) of 3 |
---|
21 | | - | section 12-408 of the general statutes, as amended by this act, and the 4 |
---|
22 | | - | moneys transferred to the Community Development Corporation Trust 5 |
---|
23 | | - | Fund pursuant to subdivision (2) of subsection (e) of section 6 of this act, 6 |
---|
24 | | - | for the community restoration and revitalization purposes set forth in 7 |
---|
25 | | - | this section and section 2 of this act. Such moneys shall be disbursed by 8 |
---|
26 | | - | and used in coordination with the community development corporation 9 |
---|
27 | | - | oversight council established under section 3 of this act. 10 |
---|
28 | | - | (b) (1) Any entity that is (A) exempt from tax pursuant to Section 11 |
---|
29 | | - | 501(c) of the Internal Revenue Code of 1986, or any subsequent 12 |
---|
30 | | - | corresponding internal revenue code of the United States, as amended 13 |
---|
31 | | - | from time to time, and (B) located, at the time such entity submits an 14 |
---|
32 | | - | application for designation, in a distressed municipality, as defined in 15 |
---|
33 | | - | section 32-9p of the general statutes, may apply to the council to be 16 |
---|
34 | | - | designated as a community development corporation. 17 |
---|
35 | | - | (2) To be eligible to be designated as a community development 18 Substitute Bill No. 1104 |
---|
| 28 | + | from the taxes imposed under subsection (b) of section 6 of this act and 3 |
---|
| 29 | + | the portion of the tax received and retained by the state from sales 4 |
---|
| 30 | + | subject to the tax under subsection (b) of section 7 of this act, for the 5 |
---|
| 31 | + | community restoration and revitalization purposes set forth in this 6 |
---|
| 32 | + | section and section 2 of this act. Such moneys shall be disbursed by and 7 |
---|
| 33 | + | used in coordination with the community development corporation 8 |
---|
| 34 | + | oversight council established under section 3 of this act. 9 |
---|
| 35 | + | (b) (1) Any entity that is exempt from tax pursuant to Section 501(c) 10 |
---|
| 36 | + | of the Internal Revenue Code of 1986, or any subsequent corresponding 11 |
---|
| 37 | + | internal revenue code of the United States, as amended from time to 12 |
---|
| 38 | + | time, and is located in a distressed municipality, as defined in section 13 |
---|
| 39 | + | 32-9p of the general statutes, at the time such entity submits an 14 |
---|
| 40 | + | application for designation, may apply to the council to be designated 15 Raised Bill No. 1104 |
---|
42 | | - | corporation, such entity shall: 19 |
---|
43 | | - | (A) (i) Have demonstrated effectiveness in, or have been formed for 20 |
---|
44 | | - | the purpose of, building, attracting and retaining neighborhood wealth, 21 |
---|
45 | | - | and (ii) provide financial, educational or related services to support 22 |
---|
46 | | - | initiatives that concentrate investments in human capital and 23 |
---|
47 | | - | infrastructure in a specific neighborhood or neighborhoods, with 24 |
---|
48 | | - | measurable community revitalization achievements; 25 |
---|
49 | | - | (B) Agree to focus all its efforts in the distressed municipality in 26 |
---|
50 | | - | which it is located; 27 |
---|
51 | | - | (C) Agree to establish its primary office in, or relocate its primary 28 |
---|
52 | | - | office to, a community impact zone within the municipality after such 29 |
---|
53 | | - | zones are designated pursuant to section 3 of this act; and 30 |
---|
54 | | - | (D) Agree to establish or relocate any auxiliary locations to within the 31 |
---|
55 | | - | boundaries of the municipality in which the corporation is located. 32 |
---|
56 | | - | (c) (1) Each community development corporation shall provide 33 |
---|
57 | | - | programs, services and assistance or issue grants to support community 34 |
---|
58 | | - | reinvestment strategies in the community impact zone in which such 35 |
---|
59 | | - | corporation is located, including, but not limited to, the following, in 36 |
---|
60 | | - | order of priority: 37 |
---|
61 | | - | (A) Encouraging early childhood initiatives through the provision, 38 |
---|
62 | | - | directly or in collaboration with other entities, of free or low-cost early 39 |
---|
63 | | - | childhood education services to families that reside within the 40 |
---|
64 | | - | community impact zone, without regard to family income level. Such 41 |
---|
65 | | - | services shall include kindergarten preparedness and kindergarten 42 |
---|
66 | | - | readiness assessments. The corporation may expand such services 43 |
---|
67 | | - | beyond the community impact zone but within the municipality to areas 44 |
---|
68 | | - | with poverty levels above the municipal average; 45 |
---|
69 | | - | (B) Increasing achievement at public elementary and middle schools 46 |
---|
70 | | - | located in the community impact zone. The corporation shall coordinate 47 |
---|
71 | | - | with officials of such schools to submit grant applications to the 48 Substitute Bill No. 1104 |
---|
| 44 | + | LCO No. 6689 2 of 33 |
---|
| 45 | + | |
---|
| 46 | + | as a community development corporation. 16 |
---|
| 47 | + | (2) To be eligible to be designated as a community development 17 |
---|
| 48 | + | corporation, such entity shall: 18 |
---|
| 49 | + | (A) (i) Have demonstrated effectiveness in, or have been formed for 19 |
---|
| 50 | + | the purpose of, building, attracting and retaining neighborhood wealth, 20 |
---|
| 51 | + | and (ii) provide financial, educational or related services to support 21 |
---|
| 52 | + | initiatives that concentrate investments in human capital and 22 |
---|
| 53 | + | infrastructure in a specific neighborhood or neighborhoods, with 23 |
---|
| 54 | + | measurable community revitalization achievements; 24 |
---|
| 55 | + | (B) Agree to focus all its efforts in the distressed municipality in 25 |
---|
| 56 | + | which it is located; 26 |
---|
| 57 | + | (C) Agree to establish or relocate its primary office in a community 27 |
---|
| 58 | + | impact zone within the municipality after such zones are designated 28 |
---|
| 59 | + | pursuant to section 3 of this act; and 29 |
---|
| 60 | + | (D) Agree to establish or relocate any auxiliary locations to within the 30 |
---|
| 61 | + | boundaries of the municipality in which the corporation is located. 31 |
---|
| 62 | + | (c) (1) Each community development corporation shall provide 32 |
---|
| 63 | + | programs, services and assistance or issue grants to support community 33 |
---|
| 64 | + | reinvestment strategies in the community impact zone in which such 34 |
---|
| 65 | + | corporation is located, including, but not limited to, the following, in 35 |
---|
| 66 | + | order of priority: 36 |
---|
| 67 | + | (A) Encouraging early childhood initiatives through the provision, 37 |
---|
| 68 | + | directly or in collaboration with other entities, of free or low-cost early 38 |
---|
| 69 | + | childhood education services to families that reside within the 39 |
---|
| 70 | + | community impact zone, without regard to family income level. Such 40 |
---|
| 71 | + | services shall include kindergarten preparedness and kindergarten 41 |
---|
| 72 | + | readiness assessments. The corporation may expand such services 42 |
---|
| 73 | + | beyond the community impact zone but within the municipality to areas 43 |
---|
| 74 | + | with poverty levels above the municipal average; 44 |
---|
| 75 | + | (B) Increasing achievement at public elementary and middle schools 45 Raised Bill No. 1104 |
---|
78 | | - | community development corporation oversight council to supplement 49 |
---|
79 | | - | per-student funding for such schools to match or approach the highest 50 |
---|
80 | | - | levels of per-student funding at any elementary or middle school in the 51 |
---|
81 | | - | state. Schools that receive such grants shall (i) set goals to achieve scores 52 |
---|
82 | | - | in the top percentiles on the state-wide mastery examination under 53 |
---|
83 | | - | section 10-14n of the general statutes. The council shall set specific target 54 |
---|
84 | | - | goals for each school that receives a grant pursuant to this 55 |
---|
85 | | - | subparagraph, and (ii) guarantee that a student residing in the 56 |
---|
86 | | - | community impact zone will be able to attend that specific school; 57 |
---|
87 | | - | (C) Rebuilding community assets through: 58 |
---|
88 | | - | (i) The construction, renovation or repair of neighborhood structures 59 |
---|
89 | | - | or assets of economic or other community significance, including, but 60 |
---|
90 | | - | not limited to, playgrounds, sidewalks, parks, community centers, 61 |
---|
91 | | - | senior centers, public libraries, urban gardens and green spaces. Only 62 |
---|
92 | | - | projects for structures or assets that are owned by the federal, state or 63 |
---|
93 | | - | municipal government, the community development corporation 64 |
---|
94 | | - | located in the community impact zone where such structure or asset is 65 |
---|
95 | | - | located, the partnered community development credit union, as 66 |
---|
96 | | - | described in section 2 of this act, or a resident of the municipality in 67 |
---|
97 | | - | which such structure or asset is located shall be eligible to receive 68 |
---|
98 | | - | funding under this subparagraph. The corporation shall seek to train 69 |
---|
99 | | - | residents of the community impact zone to perform some of the work 70 |
---|
100 | | - | such projects require, directly or indirectly through partnerships with 71 |
---|
101 | | - | existing technical education and apprenticeship programs and with 72 |
---|
102 | | - | other entities; and 73 |
---|
103 | | - | (ii) The retention, sale or rental of such structures or assets after 74 |
---|
104 | | - | completion, provided any sale shall be to a resident of the community 75 |
---|
105 | | - | impact zone only. The partnered community development credit union 76 |
---|
106 | | - | may develop a cooperative model for owning and renting such 77 |
---|
107 | | - | structures or assets; 78 |
---|
108 | | - | (D) Increasing owner-occupancy of residential buildings through: 79 Substitute Bill No. 1104 |
---|
| 79 | + | LCO No. 6689 3 of 33 |
---|
| 80 | + | |
---|
| 81 | + | located in the community impact zone. The corporation shall coordinate 46 |
---|
| 82 | + | with officials of such schools to submit grant applications to the 47 |
---|
| 83 | + | community development corporation oversight council to supplement 48 |
---|
| 84 | + | per-student funding for such schools to match or approach the highest 49 |
---|
| 85 | + | levels of per-student funding at any elementary or middle school in the 50 |
---|
| 86 | + | state. Schools that receive such grants shall (i) set goals to achieve scores 51 |
---|
| 87 | + | in the top percentiles on the state-wide mastery examination under 52 |
---|
| 88 | + | section 10-14n of the general statutes. The council shall set specific target 53 |
---|
| 89 | + | goals for each school that receives a grant pursuant to this 54 |
---|
| 90 | + | subparagraph, and (ii) guarantee that a student residing in the 55 |
---|
| 91 | + | community impact zone will be able to attend that specific school; 56 |
---|
| 92 | + | (C) Rebuilding community assets through: 57 |
---|
| 93 | + | (i) The construction, renovation or repair of neighborhood structures 58 |
---|
| 94 | + | or assets of economic or other community significance, including, but 59 |
---|
| 95 | + | not limited to, playgrounds, sidewalks, parks, community centers, 60 |
---|
| 96 | + | senior centers, public libraries, urban gardens and green spaces. Only 61 |
---|
| 97 | + | projects for structures or assets that are owned by the federal, state or 62 |
---|
| 98 | + | municipal government, the community development corporation 63 |
---|
| 99 | + | located in the community impact zone where such structure or asset is 64 |
---|
| 100 | + | located, the partnered community development credit union, as 65 |
---|
| 101 | + | described in section 2 of this act, or a resident of the municipality in 66 |
---|
| 102 | + | which such structure or asset is located shall be eligible to receive 67 |
---|
| 103 | + | funding under this subparagraph. The corporation shall seek to train 68 |
---|
| 104 | + | residents of the community impact zone to perform some of the work 69 |
---|
| 105 | + | such projects require, directly or indirectly through partnerships with 70 |
---|
| 106 | + | existing technical education and apprenticeship programs and with 71 |
---|
| 107 | + | other entities; and 72 |
---|
| 108 | + | (ii) The retention, sale or rental of such structures or assets after 73 |
---|
| 109 | + | completion, provided any sale shall be to a resident of the community 74 |
---|
| 110 | + | impact zone only. The partnered community development credit union 75 |
---|
| 111 | + | may develop a cooperative model for owning and renting such 76 |
---|
| 112 | + | structures or assets; 77 Raised Bill No. 1104 |
---|
115 | | - | (i) Tracking and undertaking efforts to increase the percentage of 80 |
---|
116 | | - | owner-occupied residential buildings in the community impact zone. 81 |
---|
117 | | - | The corporation shall set five-year target percentages and shall 82 |
---|
118 | | - | periodically evaluate and revise such target amounts; 83 |
---|
119 | | - | (ii) The restoration and repair of multifamily rental buildings located 84 |
---|
120 | | - | in the community impact zone to convert such buildings into owner-85 |
---|
121 | | - | occupied residential buildings or multifamily cooperative buildings 86 |
---|
122 | | - | with at least one unit to be a rental unit. Only projects for multifamily 87 |
---|
123 | | - | rental buildings owned by the community development corporation 88 |
---|
124 | | - | located in the community impact zone, the partnered community 89 |
---|
125 | | - | development credit union or a resident of the municipality in which 90 |
---|
126 | | - | such building is located shall be eligible to receive funding under this 91 |
---|
127 | | - | subparagraph. A multifamily rental building that is not owned by such 92 |
---|
128 | | - | corporation, credit union or resident may be considered for funding 93 |
---|
129 | | - | under this subparagraph, provided the owner of such building agrees, 94 |
---|
130 | | - | in writing, to terms set forth by the corporation that further the purposes 95 |
---|
131 | | - | of this section. The corporation may promote participation in existing 96 |
---|
132 | | - | state and housing programs to encourage owner occupancy; and 97 |
---|
133 | | - | (iii) The retention, sale or rental of such buildings after completion, 98 |
---|
134 | | - | provided any sale shall be to a resident of the community impact zone 99 |
---|
135 | | - | only. The corporation or the partnered community development credit 100 |
---|
136 | | - | union may develop a cooperative model for owning and renting such 101 |
---|
137 | | - | buildings; 102 |
---|
138 | | - | (E) Supporting pathways to home ownership through the offering of 103 |
---|
139 | | - | home buyer education and financial literacy programs in partnership 104 |
---|
140 | | - | with existing programs. All such partnerships shall be joint efforts 105 |
---|
141 | | - | between the community development corporation and its partnered 106 |
---|
142 | | - | community development credit union and each such credit union may 107 |
---|
143 | | - | develop and offer subsidized or incentivized financial products for 108 |
---|
144 | | - | individuals who participate in such programs; 109 |
---|
145 | | - | (F) Creating pipelines to employment for residents of a community 110 |
---|
146 | | - | impact zone through: 111 Substitute Bill No. 1104 |
---|
| 116 | + | LCO No. 6689 4 of 33 |
---|
| 117 | + | |
---|
| 118 | + | (D) Increasing owner-occupancy of residential buildings through: 78 |
---|
| 119 | + | (i) Tracking and undertaking efforts to increase the percentage of 79 |
---|
| 120 | + | owner-occupied residential buildings in the community impact zone. 80 |
---|
| 121 | + | The corporation shall set five-year target percentages and shall 81 |
---|
| 122 | + | periodically evaluate and revise such target amounts; 82 |
---|
| 123 | + | (ii) The restoration and repair of multifamily rental buildings located 83 |
---|
| 124 | + | in the community impact zone to convert such buildings into owner-84 |
---|
| 125 | + | occupied residential buildings or multifamily cooperative buildings 85 |
---|
| 126 | + | with at least one unit to be a rental unit. Only projects for multifamily 86 |
---|
| 127 | + | rental buildings owned by the community development corporation 87 |
---|
| 128 | + | located in the community impact zone, the partnered community 88 |
---|
| 129 | + | development credit union or a resident of the municipality in which 89 |
---|
| 130 | + | such building is located shall be eligible to receive funding under this 90 |
---|
| 131 | + | subparagraph. A multifamily rental building that is not owned by such 91 |
---|
| 132 | + | corporation, credit union or resident may be considered for funding 92 |
---|
| 133 | + | under this subparagraph, provided the owner of such building agrees, 93 |
---|
| 134 | + | in writing, to terms set forth by the corporation that further the purposes 94 |
---|
| 135 | + | of this section. The corporation may promote participation in existing 95 |
---|
| 136 | + | state and housing programs to encourage owner occupancy; and 96 |
---|
| 137 | + | (iii) The retention, sale or rental of such buildings after completion, 97 |
---|
| 138 | + | provided any sale shall be to a resident of the community impact zone 98 |
---|
| 139 | + | only. The corporation or the partnered community development credit 99 |
---|
| 140 | + | union may develop a cooperative model for owning and renting such 100 |
---|
| 141 | + | buildings; 101 |
---|
| 142 | + | (E) Supporting pathways to home ownership through the offering of 102 |
---|
| 143 | + | home buyer education and financial literacy programs in partnership 103 |
---|
| 144 | + | with existing programs. All such partnerships shall be joint efforts 104 |
---|
| 145 | + | between the community development corporation and its partnered 105 |
---|
| 146 | + | community development credit union and each such credit union may 106 |
---|
| 147 | + | develop and offer subsidized or incentivized financial products for 107 |
---|
| 148 | + | individuals who participate in such programs; 108 |
---|
| 149 | + | (F) Creating pipelines to employment for residents of a community 109 Raised Bill No. 1104 |
---|
153 | | - | (i) The implementation of or participation in community work-based 112 |
---|
154 | | - | training programs, in consultation or coordination with other 113 |
---|
155 | | - | organizations, including, but not limited to, the Workforce Investment 114 |
---|
156 | | - | Boards. Such programs shall provide preapprenticeship or 115 |
---|
157 | | - | apprenticeship opportunities by providing instruction or training to 116 |
---|
158 | | - | increase literacy, mathematics and other technical, prevocational or 117 |
---|
159 | | - | vocational skills and connecting workforce, economic development and 118 |
---|
160 | | - | education systems with businesses and other stakeholders in the 119 |
---|
161 | | - | community impact zone. All such efforts undertaken by a community 120 |
---|
162 | | - | development corporation shall focus on the residents of the community 121 |
---|
163 | | - | impact zone in which such corporation is located and on businesses 122 |
---|
164 | | - | offering or carrying out training programs, in order of priority, (I) 123 |
---|
165 | | - | within the community impact zone, (II) within the municipality in 124 |
---|
166 | | - | which the community impact zone is located, or (III) without the 125 |
---|
167 | | - | municipality; and 126 |
---|
168 | | - | (ii) The placement of residents of the community impact zone with 127 |
---|
169 | | - | businesses offering employment or on-the-job training that are, in order 128 |
---|
170 | | - | of priority, (I) within the community impact zone, (II) within the 129 |
---|
171 | | - | municipality in which the community impact zone is located, or (III) 130 |
---|
172 | | - | without the municipality only after the opportunities under subclauses 131 |
---|
173 | | - | (I) and (II) of this clause have been exhausted; 132 |
---|
174 | | - | (G) Expanding access to programs at existing community centers or 133 |
---|
175 | | - | senior centers that serve all residents of the community impact zone, 134 |
---|
176 | | - | regardless of age, or converting such existing centers to centers that 135 |
---|
177 | | - | serve all residents of the community impact zone, regardless of age; and 136 |
---|
178 | | - | (H) Providing municipal residents with low-cost transportation 137 |
---|
179 | | - | options by developing or supporting transportation alternatives within 138 |
---|
180 | | - | and between municipalities for travel to and from employment, home, 139 |
---|
181 | | - | school, retail stores and entertainment venues. 140 |
---|
182 | | - | (2) If the corporation has insufficient funds to execute to a high level 141 |
---|
183 | | - | of quality all of the strategies set forth in subdivision (1) of this 142 |
---|
184 | | - | subsection, the corporation shall pursue each strategy in the order of 143 Substitute Bill No. 1104 |
---|
| 153 | + | LCO No. 6689 5 of 33 |
---|
| 154 | + | |
---|
| 155 | + | impact zone through: 110 |
---|
| 156 | + | (i) The implementation of or participation in community work-based 111 |
---|
| 157 | + | training programs, in consultation or coordination with other 112 |
---|
| 158 | + | organizations, including, but not limited to, the Workforce Investment 113 |
---|
| 159 | + | Boards. Such programs shall provi de preapprenticeship or 114 |
---|
| 160 | + | apprenticeship opportunities by providing instruction or training to 115 |
---|
| 161 | + | increase literacy, mathematics and other technical, prevocational or 116 |
---|
| 162 | + | vocational skills and connecting workforce, economic development and 117 |
---|
| 163 | + | education systems with businesses and other stakeholders in the 118 |
---|
| 164 | + | community impact zone. All such efforts undertaken by a community 119 |
---|
| 165 | + | development corporation shall focus on the residents of the community 120 |
---|
| 166 | + | impact zone in which such corporation is located and on businesses 121 |
---|
| 167 | + | offering or carrying out training programs, in order of priority, (I) 122 |
---|
| 168 | + | within the community impact zone, (II) within the municipality in 123 |
---|
| 169 | + | which the community impact zone is located, or (III) without the 124 |
---|
| 170 | + | municipality; and 125 |
---|
| 171 | + | (ii) The placement of residents of the community impact zone with 126 |
---|
| 172 | + | businesses offering employment or on-the-job training that are, in order 127 |
---|
| 173 | + | of priority, (I) within the community impact zone, (II) within the 128 |
---|
| 174 | + | municipality in which the community impact zone is located, or (III) 129 |
---|
| 175 | + | without the municipality only after the opportunities under subclauses 130 |
---|
| 176 | + | (I) and (II) of this clause have been exhausted; 131 |
---|
| 177 | + | (G) Expanding access to programs at existing community centers or 132 |
---|
| 178 | + | senior centers that serve all residents of the community impact zone, 133 |
---|
| 179 | + | regardless of age, or converting such existing centers to centers that 134 |
---|
| 180 | + | serve all residents of the community impact zone, regardless of age; and 135 |
---|
| 181 | + | (H) Providing municipal residents with low-cost transportation 136 |
---|
| 182 | + | options by developing or supporting transportation alternatives within 137 |
---|
| 183 | + | and between municipalities for travel to and from employment, home, 138 |
---|
| 184 | + | school, retail stores and entertainment venues. 139 |
---|
| 185 | + | (2) If the corporation has insufficient funds to execute to a high level 140 |
---|
| 186 | + | of quality all of the strategies set forth in subdivision (1) of this 141 Raised Bill No. 1104 |
---|
191 | | - | priority listed in said subdivision, with an emphasis on achieving a high 144 |
---|
192 | | - | level of quality in the execution and implementation of such strategy 145 |
---|
193 | | - | before undertaking the next strategy listed. 146 |
---|
194 | | - | (d) A community development corporation may: 147 |
---|
195 | | - | (1) Acquire real property described in subsection (c) of this section in 148 |
---|
196 | | - | partnership with or in coordination with its partnered community 149 |
---|
197 | | - | development credit union; 150 |
---|
198 | | - | (2) Operate as or establish a subsidiary that operates as a contractor 151 |
---|
199 | | - | or subcontractor, provided such corporation or subsidiary complies 152 |
---|
200 | | - | with all applicable licensing and registration requirements under the 153 |
---|
201 | | - | general statutes; and 154 |
---|
202 | | - | (3) Partner or contract with contractors or subcontractors to carry out 155 |
---|
203 | | - | projects and related work for the purposes set forth in subsection (c) of 156 |
---|
204 | | - | this section, provided the corporation shall give primary priority to a 157 |
---|
205 | | - | contractor or subcontractor located in the community impact zone in 158 |
---|
206 | | - | which the corporation is located and secondary priority to a contractor 159 |
---|
207 | | - | or subcontractor located in the municipality in which the corporation is 160 |
---|
208 | | - | located. 161 |
---|
209 | | - | (e) Not later than six months after being designated as a community 162 |
---|
210 | | - | development corporation, such corporation shall (1) identify a 163 |
---|
211 | | - | Connecticut credit union located within the municipality in which such 164 |
---|
212 | | - | corporation is located that will apply to the community development 165 |
---|
213 | | - | corporation oversight council for designation as a community 166 |
---|
214 | | - | development credit union pursuant to section 2 of this act, or (2) issue a 167 |
---|
215 | | - | request for proposal for the organization of a new Connecticut credit 168 |
---|
216 | | - | union to partner with, or for an existing Connecticut credit union to 169 |
---|
217 | | - | partner with, such corporation. 170 |
---|
218 | | - | (f) Notwithstanding the provisions of chapter 846 of the general 171 |
---|
219 | | - | statutes or section 12-157 of the general statutes, a community 172 |
---|
220 | | - | development corporation shall be offered the right of first refusal in the 173 |
---|
221 | | - | sale of any real property that has been foreclosed or is being sold at 174 Substitute Bill No. 1104 |
---|
| 190 | + | LCO No. 6689 6 of 33 |
---|
| 191 | + | |
---|
| 192 | + | subsection, the corporation shall pursue each strategy in the order of 142 |
---|
| 193 | + | priority listed in said subdivision, with an emphasis on achieving a high 143 |
---|
| 194 | + | level of quality in the execution and implementation of such strategy 144 |
---|
| 195 | + | before undertaking the next strategy listed. 145 |
---|
| 196 | + | (d) A community development corporation may: 146 |
---|
| 197 | + | (1) Acquire real property described in subsection (c) of this section in 147 |
---|
| 198 | + | partnership with or in coordination with its partnered community 148 |
---|
| 199 | + | development credit union; 149 |
---|
| 200 | + | (2) Operate as or establish a subsidiary that operates as a contractor 150 |
---|
| 201 | + | or subcontractor, provided such corporation or subsidiary complies 151 |
---|
| 202 | + | with all applicable licensing and registration requirements under the 152 |
---|
| 203 | + | general statutes; and 153 |
---|
| 204 | + | (3) Partner or contract with contractors or subcontractors to carry out 154 |
---|
| 205 | + | projects and related work for the purposes set forth in subsection (c) of 155 |
---|
| 206 | + | this section, provided the corporation shall give primary priority to a 156 |
---|
| 207 | + | contractor or subcontractor located in the community impact zone in 157 |
---|
| 208 | + | which the corporation is located and secondary priority to a contractor 158 |
---|
| 209 | + | or subcontractor located in the municipality in which the corporation is 159 |
---|
| 210 | + | located. 160 |
---|
| 211 | + | (e) Not later than six months after being designated as a community 161 |
---|
| 212 | + | development corporation, such corporation shall (1) identify a 162 |
---|
| 213 | + | Connecticut credit union located within the municipality in which such 163 |
---|
| 214 | + | corporation is located that will apply to the community development 164 |
---|
| 215 | + | corporation oversight council for designation as a community 165 |
---|
| 216 | + | development credit union pursuant to section 2 of this act, or (2) issue a 166 |
---|
| 217 | + | request for proposal for the organization of a new Connecticut credit 167 |
---|
| 218 | + | union to partner with, or for an existing Connecticut credit union to 168 |
---|
| 219 | + | partner with, such corporation. 169 |
---|
| 220 | + | (f) Notwithstanding the provisions of chapter 846 of the general 170 |
---|
| 221 | + | statutes or section 12-157 of the general statutes, a community 171 |
---|
| 222 | + | development corporation shall be offered the right of first refusal in the 172 Raised Bill No. 1104 |
---|
228 | | - | public auction and is located in the community impact zone in which 175 |
---|
229 | | - | such corporation is located, provided such corporation has timely 176 |
---|
230 | | - | notified the mortgagee or the town tax collector, as applicable, of such 177 |
---|
231 | | - | corporation's interest in acquiring such property. 178 |
---|
232 | | - | (g) Each community development corporation shall submit a 179 |
---|
233 | | - | financial report to the community development corporation oversight 180 |
---|
234 | | - | council, on such frequency as the council shall require but at least 181 |
---|
235 | | - | annually, and include such information as the council requires. 182 |
---|
236 | | - | (h) (1) A community development corporation may request that its 183 |
---|
237 | | - | designation be removed. The community development corporation 184 |
---|
238 | | - | oversight council may grant such request, provided the council 185 |
---|
239 | | - | designates, from prior submitted applications or through a new request 186 |
---|
240 | | - | for application submissions, another entity to replace such corporation. 187 |
---|
241 | | - | (2) The council may remove the designation of any community 188 |
---|
242 | | - | development corporation that the council determines is unable to or is 189 |
---|
243 | | - | deficient in carrying out the purposes of this section, provided the 190 |
---|
244 | | - | corporation has been afforded an opportunity to address and improve 191 |
---|
245 | | - | any deficiencies noted by the council. 192 |
---|
246 | | - | Sec. 2. (NEW) (Effective from passage) (a) There are established 193 |
---|
247 | | - | community development credit unions, which shall partner with 194 |
---|
248 | | - | community development corporations, established under section 1 of 195 |
---|
249 | | - | this act, to further the community restoration and revitalization 196 |
---|
250 | | - | purposes set forth in this section and section 1 of this act. 197 |
---|
251 | | - | (b) (1) Any Connecticut credit union organized under chapter 667 of 198 |
---|
252 | | - | the general statutes and in compliance with the provisions of said 199 |
---|
253 | | - | chapter or any Connecticut credit union service organization, as defined 200 |
---|
254 | | - | in section 36a-2 of the general statutes, may apply to the community 201 |
---|
255 | | - | development corporation oversight council established under section 3 202 |
---|
256 | | - | of this act to be designated as a community development credit union. 203 |
---|
257 | | - | (2) To be designated as a community development credit union, a 204 |
---|
258 | | - | Connecticut credit union or Connecticut credit union service 205 Substitute Bill No. 1104 |
---|
| 226 | + | LCO No. 6689 7 of 33 |
---|
| 227 | + | |
---|
| 228 | + | sale of any real property that has been foreclosed or is being sold at 173 |
---|
| 229 | + | public auction and is located in the community impact zone in which 174 |
---|
| 230 | + | such corporation is located, provided such corporation has timely 175 |
---|
| 231 | + | notified the mortgagee or the town tax collector, as applicable, of such 176 |
---|
| 232 | + | corporation's interest in acquiring such property. 177 |
---|
| 233 | + | (g) Each community development corporation shall submit a 178 |
---|
| 234 | + | financial report to the community development corporation oversight 179 |
---|
| 235 | + | council, on such frequency as the council shall require but at least 180 |
---|
| 236 | + | annually, and include such information as the council requires. 181 |
---|
| 237 | + | (h) (1) A community development corporation may request that its 182 |
---|
| 238 | + | designation be removed. The community development corporation 183 |
---|
| 239 | + | oversight council may grant such request, provided the council 184 |
---|
| 240 | + | designates, from prior submitted applications or through a new request 185 |
---|
| 241 | + | for application submissions, another entity to replace such corporation. 186 |
---|
| 242 | + | (2) The council may remove the designation of any community 187 |
---|
| 243 | + | development corporation that the council determines is unable to or is 188 |
---|
| 244 | + | deficient in carrying out the purposes of this section, provided the 189 |
---|
| 245 | + | corporation has been afforded an opportunity to address and improve 190 |
---|
| 246 | + | any deficiencies noted by the council. 191 |
---|
| 247 | + | Sec. 2. (NEW) (Effective from passage) (a) There are established 192 |
---|
| 248 | + | community development credit unions, which shall partner with 193 |
---|
| 249 | + | community development corporations, established under section 1 of 194 |
---|
| 250 | + | this act, to further the community restoration and revitalization 195 |
---|
| 251 | + | purposes set forth in this section and section 1 of this act. 196 |
---|
| 252 | + | (b) (1) Any Connecticut credit union organized under chapter 667 of 197 |
---|
| 253 | + | the general statutes and in compliance with the provisions of said 198 |
---|
| 254 | + | chapter or any Connecticut credit union service organization, as defined 199 |
---|
| 255 | + | in section 36a-2 of the general statutes, may apply to the community 200 |
---|
| 256 | + | development corporation oversight council established under section 3 201 |
---|
| 257 | + | of this act to be designated as a community development credit union. 202 |
---|
| 258 | + | (2) To be designated as a community development credit union, a 203 Raised Bill No. 1104 |
---|
265 | | - | organization shall: 206 |
---|
266 | | - | (A) Serve low-income and moderate-income individuals and 207 |
---|
267 | | - | communities that have limited access to affordable financial services 208 |
---|
268 | | - | and products, with priority given to credit unions that specialize in (i) 209 |
---|
269 | | - | providing home mortgages or small business loans to members with 210 |
---|
270 | | - | imperfect, limited or no credit history, (ii) providing financial education 211 |
---|
271 | | - | and counseling to its members, and (iii) offering products, services and 212 |
---|
272 | | - | support at a low or reasonable cost to its members; and 213 |
---|
273 | | - | (B) Agree to partner with or be partnered with at least one 214 |
---|
274 | | - | community development corporation and focus its activities and efforts 215 |
---|
275 | | - | to support such corporation's purposes set forth in section 1 of this act. 216 |
---|
276 | | - | (c) Each community development credit union shall: 217 |
---|
277 | | - | (1) Submit its governance structure to the community development 218 |
---|
278 | | - | corporation oversight council for review and approve the addition of 219 |
---|
279 | | - | representatives of its partnered community development corporation to 220 |
---|
280 | | - | its governing board, executive committee or supervisory committee or 221 |
---|
281 | | - | similar board or committee, in such numbers and as agreed to by such 222 |
---|
282 | | - | credit union and corporation; 223 |
---|
283 | | - | (2) If applicable and necessary, expand its field of membership in 224 |
---|
284 | | - | accordance with section 36a-438a of the general statutes, to allow all 225 |
---|
285 | | - | residents of all community impact zones within the municipality in 226 |
---|
286 | | - | which its partnered community development corporation is located, to 227 |
---|
287 | | - | be members of such credit union; 228 |
---|
288 | | - | (3) Offer or agree to offer free or low-cost basic checking and savings 229 |
---|
289 | | - | account services to all residents of the community impact zone in which 230 |
---|
290 | | - | its partnered community development corporation is located; 231 |
---|
291 | | - | (4) Agree to establish, or relocate to, a location in the community 232 |
---|
292 | | - | impact zone in which its partnered community development 233 |
---|
293 | | - | corporation is located after such zones are designated pursuant to 234 |
---|
294 | | - | section 3 of this act. Such credit union shall not be precluded from 235 Substitute Bill No. 1104 |
---|
| 262 | + | LCO No. 6689 8 of 33 |
---|
| 263 | + | |
---|
| 264 | + | Connecticut credit union or Connecticut credit union service 204 |
---|
| 265 | + | organization shall: 205 |
---|
| 266 | + | (A) Serve low-income and moderate-income individuals and 206 |
---|
| 267 | + | communities that have limited access to affordable financial services 207 |
---|
| 268 | + | and products, with priority given to credit unions that specialize in (i) 208 |
---|
| 269 | + | providing home mortgages or small business loans to members with 209 |
---|
| 270 | + | imperfect, limited or no credit history, (ii) providing financial education 210 |
---|
| 271 | + | and counseling to its members, and (iii) offering products, services and 211 |
---|
| 272 | + | support at a low or reasonable cost to its members; and 212 |
---|
| 273 | + | (B) Agree to partner with or be partnered with at least one 213 |
---|
| 274 | + | community development corporation and focus its activities and efforts 214 |
---|
| 275 | + | to support such corporation's purposes set forth in section 1 of this act. 215 |
---|
| 276 | + | (c) Each community development credit union shall: 216 |
---|
| 277 | + | (1) Submit its governance structure to the community development 217 |
---|
| 278 | + | corporation oversight council for review and approve the addition of 218 |
---|
| 279 | + | representatives of its partnered community development corporation to 219 |
---|
| 280 | + | its governing board, executive committee or supervisory committee or 220 |
---|
| 281 | + | similar board or committee, in such numbers and as agreed to by such 221 |
---|
| 282 | + | credit union and corporation; 222 |
---|
| 283 | + | (2) If applicable and necessary, expand its field of membership in 223 |
---|
| 284 | + | accordance with section 36a-438a of the general statutes, to allow all 224 |
---|
| 285 | + | residents of all community impact zones within the municipality in 225 |
---|
| 286 | + | which its partnered community development corporation is located, to 226 |
---|
| 287 | + | be members of such credit union; 227 |
---|
| 288 | + | (3) Offer or agree to offer free or low-cost basic checking and savings 228 |
---|
| 289 | + | account services to all residents of the community impact zone in which 229 |
---|
| 290 | + | its partnered community development corporation is located; 230 |
---|
| 291 | + | (4) Agree to establish or relocate a location in the community impact 231 |
---|
| 292 | + | zone in which its partnered community development corporation is 232 |
---|
| 293 | + | located after such zones are designated pursuant to section 3 of this act. 233 Raised Bill No. 1104 |
---|
301 | | - | establishing or having locations elsewhere in the state or establishing or 236 |
---|
302 | | - | having multiple locations within the municipality in which the 237 |
---|
303 | | - | community impact zone is located; and 238 |
---|
304 | | - | (5) Develop and issue, in consultation with its partnered community 239 |
---|
305 | | - | development corporation, social impact bonds to support or 240 |
---|
306 | | - | supplement the efforts of such corporation. Such bonds shall be 241 |
---|
307 | | - | designed to maximize tax benefits to investors, where the community 242 |
---|
308 | | - | impact zone in which such corporation is located aligns with federally 243 |
---|
309 | | - | designated opportunity zones. 244 |
---|
310 | | - | (d) A community development credit union may: 245 |
---|
311 | | - | (1) Develop low-cost or subsidized financial products and services to 246 |
---|
312 | | - | support the community development goals of its partnered community 247 |
---|
313 | | - | development corporation and apply to the community development 248 |
---|
314 | | - | corporation oversight council for funding for such purpose; and 249 |
---|
315 | | - | (2) Collaborate with its partnered community development 250 |
---|
316 | | - | corporation to help finance or facilitate investments in real property or 251 |
---|
317 | | - | community structures and assets pursuant to section 1 of this act. 252 |
---|
318 | | - | (e) Each community development credit union shall submit a 253 |
---|
319 | | - | financial report to the community development corporation oversight 254 |
---|
320 | | - | council, on such frequency as the council shall require but at least 255 |
---|
321 | | - | annually, and include such information as the council requires. 256 |
---|
322 | | - | (f) (1) A community development credit union may request that its 257 |
---|
323 | | - | designation be removed and that it no longer be partnered with its 258 |
---|
324 | | - | community development corporation. The community development 259 |
---|
325 | | - | corporation oversight council may grant such request, provided such 260 |
---|
326 | | - | corporation identifies another Connecticut credit union or Connecticut 261 |
---|
327 | | - | credit union service organization to replace such credit union or issues 262 |
---|
328 | | - | a request for proposal for the organization of a new Connecticut credit 263 |
---|
329 | | - | union or Connecticut credit union service organization with which to 264 |
---|
330 | | - | partner. 265 Substitute Bill No. 1104 |
---|
| 297 | + | LCO No. 6689 9 of 33 |
---|
| 298 | + | |
---|
| 299 | + | Such credit union shall not be precluded from establishing or having 234 |
---|
| 300 | + | locations elsewhere in the state or establishing or having multiple 235 |
---|
| 301 | + | locations within the municipality in which the community impact zone 236 |
---|
| 302 | + | is located; and 237 |
---|
| 303 | + | (5) Develop and issue, in consultation with its partnered community 238 |
---|
| 304 | + | development corporation, social impact bonds to support or 239 |
---|
| 305 | + | supplement the efforts of such corporation. Such bonds shall be 240 |
---|
| 306 | + | designed to maximize tax benefits to investors, where the community 241 |
---|
| 307 | + | impact zone in which such corporation is located aligns with federal 242 |
---|
| 308 | + | qualified opportunity zones. 243 |
---|
| 309 | + | (d) A community development credit union may: 244 |
---|
| 310 | + | (1) Develop low-cost or subsidized financial products and services to 245 |
---|
| 311 | + | support the community development goals of its partnered community 246 |
---|
| 312 | + | development corporation and apply to the community development 247 |
---|
| 313 | + | corporation oversight council for funding for such purpose; and 248 |
---|
| 314 | + | (2) Collaborate with its partnered community development 249 |
---|
| 315 | + | corporation to help finance or facilitate investments in real property or 250 |
---|
| 316 | + | community structures and assets pursuant to section 1 of this act. 251 |
---|
| 317 | + | (e) Each community development credit union shall submit a 252 |
---|
| 318 | + | financial report to the community development corporation oversight 253 |
---|
| 319 | + | council, on such frequency as the council shall require but at least 254 |
---|
| 320 | + | annually, and include such information as the council requires. 255 |
---|
| 321 | + | (f) (1) A community development credit union may request that its 256 |
---|
| 322 | + | designation be removed and that it no longer be partnered with its 257 |
---|
| 323 | + | community development corporation. The community development 258 |
---|
| 324 | + | corporation oversight council may grant such request, provided such 259 |
---|
| 325 | + | corporation identifies another Connecticut credit union or Connecticut 260 |
---|
| 326 | + | credit union service organization to replace such credit union or issues 261 |
---|
| 327 | + | a request for proposal for the organization of a new Connecticut credit 262 |
---|
| 328 | + | union or Connecticut credit union service organization with which to 263 |
---|
| 329 | + | partner. 264 Raised Bill No. 1104 |
---|
337 | | - | (2) The council may remove the designation of any community 266 |
---|
338 | | - | development credit union that the council determines is unable to or is 267 |
---|
339 | | - | deficient in carrying out the purposes of this section, provided the credit 268 |
---|
340 | | - | union has been afforded an opportunity to address and improve any 269 |
---|
341 | | - | deficiencies noted by the council. 270 |
---|
342 | | - | Sec. 3. (NEW) (Effective from passage) (a) As used in this section, 271 |
---|
343 | | - | "municipality" means any town, city or borough, consolidated town and 272 |
---|
344 | | - | city or consolidated town and borough and "distressed municipality" 273 |
---|
345 | | - | has the same meaning as provided in section 32-9p of the general 274 |
---|
346 | | - | statutes. 275 |
---|
347 | | - | (b) (1) There is established a community development corporation 276 |
---|
348 | | - | oversight council, which shall be part of the Legislative Department. 277 |
---|
349 | | - | The council shall consist of the following members: (A) The Treasurer; 278 |
---|
350 | | - | (B) the Commissioner of Economic and Community Development; (C) 279 |
---|
351 | | - | the executive director of the Commission on Women, Children, Seniors, 280 |
---|
352 | | - | Equity and Opportunity, established pursuant to section 2-127 of the 281 |
---|
353 | | - | general statutes; and (D) four members appointed by the Governor. In 282 |
---|
354 | | - | making the appointments under subparagraph (D) of this subdivision, 283 |
---|
355 | | - | the Governor shall seek to appoint individuals who have broad 284 |
---|
356 | | - | community knowledge and experience with communities within the 285 |
---|
357 | | - | eligible census tracts selected by the Secretary of the Office of Policy and 286 |
---|
358 | | - | Management pursuant to subsection (f) of this section and are reflective 287 |
---|
359 | | - | of the ethnic, gender and economic diversity of such communities. All 288 |
---|
360 | | - | appointments to the council shall be made on or after August 1, 2021, 289 |
---|
361 | | - | but not later than August 31, 2021. 290 |
---|
362 | | - | (2) The Treasurer and the Commissioner of Economic and 291 |
---|
363 | | - | Community Development shall serve as cochairpersons of the council 292 |
---|
364 | | - | and shall jointly schedule the first meeting of the council, which shall be 293 |
---|
365 | | - | held not later than September 1, 2021. On and after January 1, 2022, the 294 |
---|
366 | | - | council shall meet not fewer than six times each year. A majority of the 295 |
---|
367 | | - | council shall constitute a quorum for the transaction of any business. 296 |
---|
368 | | - | (3) Any vacancy shall be filled by the appointing authority. Any 297 Substitute Bill No. 1104 |
---|
| 333 | + | LCO No. 6689 10 of 33 |
---|
| 334 | + | |
---|
| 335 | + | (2) The council may remove the designation of any community 265 |
---|
| 336 | + | development credit union that the council determines is unable to or is 266 |
---|
| 337 | + | deficient in carrying out the purposes of this section, provided the credit 267 |
---|
| 338 | + | union has been afforded an opportunity to address and improve any 268 |
---|
| 339 | + | deficiencies noted by the council. 269 |
---|
| 340 | + | Sec. 3. (NEW) (Effective from passage) (a) As used in this section, 270 |
---|
| 341 | + | "municipality" means any town, city or borough, consolidated town and 271 |
---|
| 342 | + | city or consolidated town and borough and "distressed municipality" 272 |
---|
| 343 | + | has the same meaning as provided in section 32-9p of the general 273 |
---|
| 344 | + | statutes. 274 |
---|
| 345 | + | (b) (1) There is established a community development corporation 275 |
---|
| 346 | + | oversight council, which shall be part of the Legislative Department. 276 |
---|
| 347 | + | The council shall consist of the following members: (A) The Treasurer; 277 |
---|
| 348 | + | (B) the Commissioner of Economic and Community Development; (C) 278 |
---|
| 349 | + | the executive director of the Commission on Equity and Opportunity, 279 |
---|
| 350 | + | established pursuant to section 2-127 of the general statutes; and (D) 280 |
---|
| 351 | + | four members appointed by the Governor. In making the appointments 281 |
---|
| 352 | + | under subparagraph (D) of this subdivision, the Governor shall seek to 282 |
---|
| 353 | + | appoint individuals who have broad community knowledge and 283 |
---|
| 354 | + | experience with communities within the eligible census tracts selected 284 |
---|
| 355 | + | by the Secretary of the Office of Policy and Management pursuant to 285 |
---|
| 356 | + | subsection (f) of this section and are reflective of the ethnic, gender and 286 |
---|
| 357 | + | economic diversity of such communities. All appointments to the 287 |
---|
| 358 | + | council shall be made on or after August 1, 2021, but not later than 288 |
---|
| 359 | + | August 31, 2021. 289 |
---|
| 360 | + | (2) The Treasurer and the Commissioner of Economic and 290 |
---|
| 361 | + | Community Development shall serve as cochairpersons of the council 291 |
---|
| 362 | + | and shall jointly schedule the first meeting of the council, which shall be 292 |
---|
| 363 | + | held not later than September 1, 2021. On and after January 1, 2022, the 293 |
---|
| 364 | + | council shall meet not fewer than six times each year. A majority of the 294 |
---|
| 365 | + | council shall constitute a quorum for the transaction of any business. 295 |
---|
| 366 | + | (3) Any vacancy shall be filled by the appointing authority. Any 296 Raised Bill No. 1104 |
---|
375 | | - | vacancy occurring other than by expiration of term shall be filled for the 298 |
---|
376 | | - | balance of the unexpired term. 299 |
---|
377 | | - | (4) The members of the council shall serve without compensation, but 300 |
---|
378 | | - | shall, within the limits of available funds, be reimbursed for expenses 301 |
---|
379 | | - | necessarily incurred in the performance of their duties. 302 |
---|
380 | | - | (5) The administrative staff of the joint standing committee of the 303 |
---|
381 | | - | General Assembly having cognizance of matters relating to economic 304 |
---|
382 | | - | development shall serve as administrative staff of the council. 305 |
---|
383 | | - | (c) The council shall: 306 |
---|
384 | | - | (1) Establish criteria for designation as a community development 307 |
---|
385 | | - | corporation, community development credit union and community 308 |
---|
386 | | - | impact zone and designate such corporations, credit unions and zones 309 |
---|
387 | | - | in accordance with the provisions of this section and sections 1 and 2 of 310 |
---|
388 | | - | this act; 311 |
---|
389 | | - | (2) Establish an annual budget in accordance with the provisions of 312 |
---|
390 | | - | this section; 313 |
---|
391 | | - | (3) Oversee the investments of, deposits in and disbursements from 314 |
---|
392 | | - | the Community Development Corporation Trust Fund established 315 |
---|
393 | | - | under section 4 of this act; 316 |
---|
394 | | - | (4) Approve the programs, services and activities of and efforts 317 |
---|
395 | | - | undertaken by community development corporations and community 318 |
---|
396 | | - | development credit unions to further the purposes of this section and 319 |
---|
397 | | - | sections 1 and 2 of this act; 320 |
---|
398 | | - | (5) Oversee, support and coordinate the programs, services and 321 |
---|
399 | | - | activities of and efforts undertaken by community development 322 |
---|
400 | | - | corporations and community development credit unions under sections 323 |
---|
401 | | - | 1 and 2 of this act, within and across municipalities and with other 324 |
---|
402 | | - | relevant state agencies, entities and initiatives; 325 Substitute Bill No. 1104 |
---|
| 370 | + | LCO No. 6689 11 of 33 |
---|
| 371 | + | |
---|
| 372 | + | vacancy occurring other than by expiration of term shall be filled for the 297 |
---|
| 373 | + | balance of the unexpired term. 298 |
---|
| 374 | + | (4) The members of the council shall serve without compensation, but 299 |
---|
| 375 | + | shall, within the limits of available funds, be reimbursed for expenses 300 |
---|
| 376 | + | necessarily incurred in the performance of their duties. 301 |
---|
| 377 | + | (5) The administrative staff of the joint standing committee of the 302 |
---|
| 378 | + | General Assembly having cognizance of matters relating to economic 303 |
---|
| 379 | + | development shall serve as administrative staff of the council. 304 |
---|
| 380 | + | (c) The council shall: 305 |
---|
| 381 | + | (1) Establish criteria for designation as a community development 306 |
---|
| 382 | + | corporation, community development credit union and community 307 |
---|
| 383 | + | impact zone and designate such corporations, credit unions and zones 308 |
---|
| 384 | + | in accordance with the provisions of this section and sections 1 and 2 of 309 |
---|
| 385 | + | this act; 310 |
---|
| 386 | + | (2) Establish an annual budget in accordance with the provisions of 311 |
---|
| 387 | + | this section; 312 |
---|
| 388 | + | (3) Oversee the investments of, deposits in and disbursements from 313 |
---|
| 389 | + | the Community Development Corporation Trust Fund established 314 |
---|
| 390 | + | under section 4 of this act; 315 |
---|
| 391 | + | (4) Approve the programs, services and activities of and efforts 316 |
---|
| 392 | + | undertaken by community development corporations and community 317 |
---|
| 393 | + | development credit unions to further the purposes of this section and 318 |
---|
| 394 | + | sections 1 and 2 of this act; 319 |
---|
| 395 | + | (5) Oversee, support and coordinate the programs, services and 320 |
---|
| 396 | + | activities of and efforts undertaken by community development 321 |
---|
| 397 | + | corporations and community development credit unions under sections 322 |
---|
| 398 | + | 1 and 2 of this act, within and across municipalities and with other 323 |
---|
| 399 | + | relevant state agencies, entities and initiatives; 324 |
---|
| 400 | + | (6) Advise community development corporations, community 325 Raised Bill No. 1104 |
---|
409 | | - | (6) Advise community development corporations, community 326 |
---|
410 | | - | development credit unions, state agencies and other entities with 327 |
---|
411 | | - | respect to the core purposes of community development corporations 328 |
---|
412 | | - | and community development credit unions; 329 |
---|
413 | | - | (7) Review the disbursement of funds to, and contracts entered into 330 |
---|
414 | | - | by, community development corporations and community 331 |
---|
415 | | - | development credit unions, to evaluate the impact and effectiveness of 332 |
---|
416 | | - | such disbursements and ensure that decisions made by such 333 |
---|
417 | | - | corporations and credit unions regarding services or grants provided or 334 |
---|
418 | | - | other financial instruments issued are based solely on the purposes set 335 |
---|
419 | | - | forth in sections 1 and 2 of this act; 336 |
---|
420 | | - | (8) Review the reports submitted to the council by community 337 |
---|
421 | | - | development corporations and community development credit unions; 338 |
---|
422 | | - | and 339 |
---|
423 | | - | (9) Do all things necessary to carry out its duties and responsibilities 340 |
---|
424 | | - | under sections 1 to 4, inclusive, of this act. 341 |
---|
425 | | - | (d) The council shall designate community development credit 342 |
---|
426 | | - | unions from among applicants that fulfill the requirements set forth in 343 |
---|
427 | | - | subsection (b) of section 2 of this act. The council may designate only 344 |
---|
428 | | - | one community development credit union for each municipality. 345 |
---|
429 | | - | (e) The council shall designate community development corporations 346 |
---|
430 | | - | in accordance with the provisions of this subsection. 347 |
---|
431 | | - | (1) Not later than October 1, 2021, the council shall release its criteria 348 |
---|
432 | | - | for prospective applicants seeking designation as a community 349 |
---|
433 | | - | development corporation. In addition to the requirements set forth in 350 |
---|
434 | | - | section 1 of this act, such criteria shall take into consideration the goals, 351 |
---|
435 | | - | purposes and requirements set forth in said section and shall include, 352 |
---|
436 | | - | but not be limited to, (A) whether the applicant has broad community 353 |
---|
437 | | - | representation in its leadership and governance, with an emphasis on 354 |
---|
438 | | - | ethnic and economic diversity reflective of the municipality in which the 355 |
---|
439 | | - | applicant is located, and (B) the professional competence and relevant 356 Substitute Bill No. 1104 |
---|
| 404 | + | LCO No. 6689 12 of 33 |
---|
| 405 | + | |
---|
| 406 | + | development credit unions, state agencies and other entities with 326 |
---|
| 407 | + | respect to the core purposes of community development corporations 327 |
---|
| 408 | + | and community development credit unions; 328 |
---|
| 409 | + | (7) Review the disbursement of funds to, and contracts entered into 329 |
---|
| 410 | + | by, community development corporations and community 330 |
---|
| 411 | + | development credit unions, to evaluate the impact and effectiveness of 331 |
---|
| 412 | + | such disbursements and ensure that decisions made by such 332 |
---|
| 413 | + | corporations and credit unions regarding services or grants provided or 333 |
---|
| 414 | + | other financial instruments issued are based solely on the purposes set 334 |
---|
| 415 | + | forth in sections 1 and 2 of this act; 335 |
---|
| 416 | + | (8) Review the reports submitted to the council by community 336 |
---|
| 417 | + | development corporations and community development credit unions; 337 |
---|
| 418 | + | and 338 |
---|
| 419 | + | (9) Do all things necessary to carry out its duties and responsibilities 339 |
---|
| 420 | + | under sections 1 to 4, inclusive, of this act. 340 |
---|
| 421 | + | (d) The council shall designate community development credit 341 |
---|
| 422 | + | unions from among applicants that fulfill the requirements set forth in 342 |
---|
| 423 | + | subsection (b) of section 2 of this act. The council may designate only 343 |
---|
| 424 | + | one community development credit union for each municipality. 344 |
---|
| 425 | + | (e) The council shall designate community development corporations 345 |
---|
| 426 | + | in accordance with the provisions of this subsection. 346 |
---|
| 427 | + | (1) Not later than October 1, 2021, the council shall release its criteria 347 |
---|
| 428 | + | for prospective applicants seeking designation as a community 348 |
---|
| 429 | + | development corporation. In addition to the requirements set forth in 349 |
---|
| 430 | + | section 1 of this act, such criteria shall take into consideration the goals, 350 |
---|
| 431 | + | purposes and requirements set forth in said section and shall include, 351 |
---|
| 432 | + | but not be limited to, (A) whether the applicant has broad community 352 |
---|
| 433 | + | representation in its leadership and governance, with an emphasis on 353 |
---|
| 434 | + | ethnic and economic diversity reflective of the municipality in which the 354 |
---|
| 435 | + | applicant is located, and (B) the professional competence and relevant 355 |
---|
| 436 | + | experience of the applicant's management and staff. Each applicant shall 356 Raised Bill No. 1104 |
---|
446 | | - | experience of the applicant's management and staff. Each applicant shall 357 |
---|
447 | | - | include (i) a letter of support from the chief elected official of the 358 |
---|
448 | | - | municipality in which the applicant is located, and (ii) a statement that 359 |
---|
449 | | - | the applicant agrees to locate its office in a community impact zone once 360 |
---|
450 | | - | such zones are designated. The council shall accept applications on or 361 |
---|
451 | | - | after October 1, 2021, until and including January 31, 2022. 362 |
---|
452 | | - | (2) Not later than March 1, 2022, the council shall announce its 363 |
---|
453 | | - | selections for designated community development corporations. The 364 |
---|
454 | | - | council may designate only one community development corporation 365 |
---|
455 | | - | for each municipality. 366 |
---|
456 | | - | (f) The Secretary of the Office of Policy and Management shall select 367 |
---|
457 | | - | eligible census tracts and the council shall designate community impact 368 |
---|
458 | | - | zones, in accordance with the provisions of this subsection. 369 |
---|
459 | | - | (1) The secretary shall select census tracts within distressed 370 |
---|
460 | | - | municipalities that will be eligible to have a community impact zone or 371 |
---|
461 | | - | zones designated within such tract. The secretary shall consider, but 372 |
---|
462 | | - | need not be limited to, the following metrics for each census tract: (A) 373 |
---|
463 | | - | The educational level attained by the population, specifically the 374 |
---|
464 | | - | percentage of the population attaining an associate degree or a 375 |
---|
465 | | - | bachelor's degree; (B) the most recent third grade scores on the state-376 |
---|
466 | | - | wide mastery examination under section 10-14n of the general statutes 377 |
---|
467 | | - | for reading; (C) the most recent third grade scores on the state-wide 378 |
---|
468 | | - | mastery examination under section 10-14n of the general statutes for 379 |
---|
469 | | - | mathematics; (D) the unemployment rate; (E) the state of the local 380 |
---|
470 | | - | economy, employment availability and access and diversity of jobs; (F) 381 |
---|
471 | | - | the percentage of the population receiving public assistance; (G) the 382 |
---|
472 | | - | percentage of the population below the federal poverty level; (H) the 383 |
---|
473 | | - | rate of home ownership; (I) the percentage of vacant housing; and (J) 384 |
---|
474 | | - | crime rates. 385 |
---|
475 | | - | (2) Not later than August 1, 2021, the secretary shall release the census 386 |
---|
476 | | - | tracts that are eligible for consideration, based on a demonstration of the 387 |
---|
477 | | - | greatest socio-economic need as indicated by subparagraphs (A) to (J), 388 Substitute Bill No. 1104 |
---|
| 440 | + | LCO No. 6689 13 of 33 |
---|
| 441 | + | |
---|
| 442 | + | include (i) a letter of support from the chief elected official of the 357 |
---|
| 443 | + | municipality in which the applicant is located, and (ii) a statement that 358 |
---|
| 444 | + | the applicant agrees to locate its office in a community impact zone once 359 |
---|
| 445 | + | such zones are designated. The council shall accept applications on or 360 |
---|
| 446 | + | after October 1, 2021, until and including January 31, 2022. 361 |
---|
| 447 | + | (2) Not later than March 1, 2022, the council shall announce its 362 |
---|
| 448 | + | selections for designated community development corporations. The 363 |
---|
| 449 | + | council may designate only one community development corporation 364 |
---|
| 450 | + | for each municipality. 365 |
---|
| 451 | + | (f) The Secretary of the Office of Policy and Management shall select 366 |
---|
| 452 | + | eligible census tracts and the council shall designate community impact 367 |
---|
| 453 | + | zones, in accordance with the provisions of this subsection. 368 |
---|
| 454 | + | (1) The secretary shall select census tracts within distressed 369 |
---|
| 455 | + | municipalities that will be eligible to have a community impact zone or 370 |
---|
| 456 | + | zones designated within such tract. The secretary shall consider, but 371 |
---|
| 457 | + | need not be limited to, the following metrics for each census tract: (A) 372 |
---|
| 458 | + | The educational level attained by the population, specifically the 373 |
---|
| 459 | + | percentage of the population attaining an associate degree or a 374 |
---|
| 460 | + | bachelor's degree; (B) the most recent third grade scores on the state-375 |
---|
| 461 | + | wide mastery examination under section 10-14n of the general statutes 376 |
---|
| 462 | + | for reading; (C) the most recent third grade scores on the state-wide 377 |
---|
| 463 | + | mastery examination under section 10-14n of the general statutes for 378 |
---|
| 464 | + | mathematics; (D) the unemployment rate; (E) the state of the local 379 |
---|
| 465 | + | economy, employment availability and access and diversity of jobs; (F) 380 |
---|
| 466 | + | the percentage of the population receiving public assistance; (G) the 381 |
---|
| 467 | + | percentage of the population below the federal poverty level; (H) the 382 |
---|
| 468 | + | rate of home ownership; (I) the percentage of vacant housing; and (J) 383 |
---|
| 469 | + | crime rates. 384 |
---|
| 470 | + | (2) Not later than August 1, 2021, the secretary shall release the census 385 |
---|
| 471 | + | tracts that are eligible for consideration, based on a demonstration of the 386 |
---|
| 472 | + | greatest socio-economic need as indicated by subparagraphs (A) to (J), 387 |
---|
| 473 | + | inclusive, of subdivision (1) of this subsection. The secretary shall also 388 Raised Bill No. 1104 |
---|
484 | | - | inclusive, of subdivision (1) of this subsection. The secretary shall also 389 |
---|
485 | | - | release the criteria for determining an area within any such tract to be 390 |
---|
486 | | - | designated as a community impact zone. Such criteria shall take into 391 |
---|
487 | | - | consideration the goals, purposes and requirements set forth in section 392 |
---|
488 | | - | 1 of this act and may give weight to one or more of the following: (A) 393 |
---|
489 | | - | The existence of a public elementary school within the area; (B) the 394 |
---|
490 | | - | existence of an early childhood center within the area; (C) the existence 395 |
---|
491 | | - | of a community center serving children or seniors, or both, within the 396 |
---|
492 | | - | area; (D) the existence of a local community organization comprised of 397 |
---|
493 | | - | residents and leaders within the area, which organization's role is 398 |
---|
494 | | - | complementary to the goals, purposes and requirements set forth in 399 |
---|
495 | | - | section 1 of this act; (E) the proximity of the area to existing or planned 400 |
---|
496 | | - | public transportation; and (F) existing access to an asset-based housing 401 |
---|
497 | | - | organization that focuses on home ownership and financial literacy. 402 |
---|
498 | | - | (3) Not later than June 1, 2022, each community development 403 |
---|
499 | | - | corporation shall submit a proposal to the council for not more than two 404 |
---|
500 | | - | geographically distinct areas within an eligible census tract in which the 405 |
---|
501 | | - | corporation is located to be designated as a community impact zone. 406 |
---|
502 | | - | (4) Not later than August 1, 2022, the council shall announce its 407 |
---|
503 | | - | selections for designated community impact zones. The council may 408 |
---|
504 | | - | designate one community impact zone for a municipality with a 409 |
---|
505 | | - | population of one hundred thousand or less and two community impact 410 |
---|
506 | | - | zones for a municipality with a population of greater than one hundred 411 |
---|
507 | | - | thousand. If the council rejects a proposal or does not designate an area 412 |
---|
508 | | - | that a community development corporation proposed, the council may 413 |
---|
509 | | - | allow such corporation to resubmit a proposal if a community impact 414 |
---|
510 | | - | zone has not been otherwise designated. 415 |
---|
511 | | - | (5) Not later than February 1, 2023, or as soon as practicable following 416 |
---|
512 | | - | the designations of community impact zones, each community 417 |
---|
513 | | - | development corporation shall establish an office or relocate its office 418 |
---|
514 | | - | within such zone. 419 |
---|
515 | | - | (g) The council shall establish an annual budget that sets forth the 420 Substitute Bill No. 1104 |
---|
| 477 | + | LCO No. 6689 14 of 33 |
---|
| 478 | + | |
---|
| 479 | + | release the criteria for determining an area within such tract to be 389 |
---|
| 480 | + | designated as a community impact zone. Such criteria shall take into 390 |
---|
| 481 | + | consideration the goals, purposes and requirements set forth in section 391 |
---|
| 482 | + | 1 of this act and may give weight to one or more of the following: (A) 392 |
---|
| 483 | + | The existence of a public elementary school within the area; (B) the 393 |
---|
| 484 | + | existence of an early childhood center within the area; (C) the existence 394 |
---|
| 485 | + | of a community center serving children or seniors, or both, within the 395 |
---|
| 486 | + | area; (D) the existence of a local community organization comprised of 396 |
---|
| 487 | + | residents and leaders within the area, which organization's role is 397 |
---|
| 488 | + | complementary to the goals, purposes and requirements set forth in 398 |
---|
| 489 | + | section 1 of this act; (E) the proximity of the area to existing or planned 399 |
---|
| 490 | + | public transportation; and (F) existing access to an asset-based housing 400 |
---|
| 491 | + | organization that focuses on home ownership and financial literacy. 401 |
---|
| 492 | + | (3) Not later than June 1, 2022, each community development 402 |
---|
| 493 | + | corporation shall submit a proposal to the council for not more than two 403 |
---|
| 494 | + | geographically distinct areas within an eligible census tract in which the 404 |
---|
| 495 | + | corporation is located to be designated as a community impact zone. 405 |
---|
| 496 | + | (4) Not later than August 1, 2022, the council shall announce its 406 |
---|
| 497 | + | selections for designated community impact zones. The council may 407 |
---|
| 498 | + | designate one community impact zone for a municipality with a 408 |
---|
| 499 | + | population of one hundred thousand or less and two community impact 409 |
---|
| 500 | + | zones for a municipality with a population of greater than one hundred 410 |
---|
| 501 | + | thousand. If the council rejects a proposal or does not designate an area 411 |
---|
| 502 | + | that a community development corporation proposed, the council may 412 |
---|
| 503 | + | allow such corporation to resubmit a proposal if a community impact 413 |
---|
| 504 | + | zone has not been otherwise designated. 414 |
---|
| 505 | + | (5) Not later than February 1, 2023, or as soon as practicable following 415 |
---|
| 506 | + | the designations of community impact zones, each community 416 |
---|
| 507 | + | development corporation shall establish an office or relocate its office 417 |
---|
| 508 | + | within such zone. 418 |
---|
| 509 | + | (g) The council shall establish an annual budget that sets forth the 419 |
---|
| 510 | + | amounts in the Community Development Corporation Trust Fund to be 420 Raised Bill No. 1104 |
---|
522 | | - | amounts in the Community Development Corporation Trust Fund to be 421 |
---|
523 | | - | invested, the amounts in the fund to be disbursed for programs, 422 |
---|
524 | | - | services, activities and expenses for the purposes of sections 1 and 2 of 423 |
---|
525 | | - | this act and the amount to be set aside for the purposes of subsections 424 |
---|
526 | | - | (h) and (i) of this section. The council, in consultation with the Treasurer 425 |
---|
527 | | - | and the chief executive officer of the Connecticut Green Bank 426 |
---|
528 | | - | established under section 16-245n of the general statutes, shall adopt an 427 |
---|
529 | | - | investment plan with the goals of yielding investment returns over the 428 |
---|
530 | | - | long-term to support the programs, services, activities and efforts for the 429 |
---|
531 | | - | purposes of sections 1 and 2 of this act and supporting a substantial 430 |
---|
532 | | - | portion of the fund's annual expenditures from the investment returns. 431 |
---|
533 | | - | The initial investment plan shall set forth an investment strategy for not 432 |
---|
534 | | - | less than twenty years and the council may revise such plan from time 433 |
---|
535 | | - | to time by affirmative vote. The council shall annually review such plan 434 |
---|
536 | | - | and the investment returns generated and shall adjust the amount of 435 |
---|
537 | | - | moneys to be invested and disbursed each year accordingly. 436 |
---|
538 | | - | (h) (1) The council shall set aside an amount in its annual budget 437 |
---|
539 | | - | equal to the amount appropriated in the state budget act for the 438 |
---|
540 | | - | intensive reading instruction program established under section 10-14u 439 |
---|
541 | | - | of the general statutes, provided such amount set aside shall not exceed 440 |
---|
542 | | - | three million dollars each year. The amount to be set aside under this 441 |
---|
543 | | - | subsection may be reduced if there are insufficient moneys in the fund 442 |
---|
544 | | - | to provide for the purposes set forth in sections 1 and 2 of this act and 443 |
---|
545 | | - | for the entire amount of the set-aside specified under this subdivision. 444 |
---|
546 | | - | (2) The council shall make such moneys available for the 445 |
---|
547 | | - | implementation or support of said reading instruction program or any 446 |
---|
548 | | - | state-wide early literacy initiative developed and implemented by the 447 |
---|
549 | | - | Department of Education, regardless of whether such program or 448 |
---|
550 | | - | initiative is related to a community impact zone or is eligible for other 449 |
---|
551 | | - | community development corporation or community development 450 |
---|
552 | | - | credit union programs or other grants or funding. The moneys made 451 |
---|
553 | | - | available pursuant to this subdivision shall supplement existing or other 452 |
---|
554 | | - | available grants or funding. The council shall establish forms and 453 Substitute Bill No. 1104 |
---|
| 514 | + | LCO No. 6689 15 of 33 |
---|
| 515 | + | |
---|
| 516 | + | invested, the amounts in the fund to be disbursed for programs, 421 |
---|
| 517 | + | services, activities and expenses for the purposes of sections 1 and 2 of 422 |
---|
| 518 | + | this act and the amount to be set aside for the purposes of subsections 423 |
---|
| 519 | + | (h) and (i) of this section. The council, in consultation with the Treasurer 424 |
---|
| 520 | + | and the chief executive officer of the Connecticut Green Bank 425 |
---|
| 521 | + | established under section 16-245n of the general statutes, shall adopt an 426 |
---|
| 522 | + | investment plan with the goals of yielding investment returns over the 427 |
---|
| 523 | + | long-term to support the programs, services, activities and efforts for the 428 |
---|
| 524 | + | purposes of sections 1 and 2 of this act and supporting a substantial 429 |
---|
| 525 | + | portion of the fund's annual expenditures from the investment returns. 430 |
---|
| 526 | + | The initial investment plan shall set forth an investment strategy for not 431 |
---|
| 527 | + | less than twenty years and the council may revise such plan from time 432 |
---|
| 528 | + | to time by affirmative vote. The council shall annually review such plan 433 |
---|
| 529 | + | and the investment returns generated and shall adjust the amount of 434 |
---|
| 530 | + | moneys to be invested and disbursed each year accordingly. 435 |
---|
| 531 | + | (h) (1) The council shall set aside an amount in its annual budget 436 |
---|
| 532 | + | equal to the amount appropriated in the state budget act for the 437 |
---|
| 533 | + | intensive reading instruction program established under section 10-14u 438 |
---|
| 534 | + | of the general statutes, provided such amount set aside shall not exceed 439 |
---|
| 535 | + | three million dollars each year. The amount to be set aside under this 440 |
---|
| 536 | + | subsection may be reduced if there are insufficient moneys in the fund 441 |
---|
| 537 | + | to provide for the purposes set forth in sections 1 and 2 of this act and 442 |
---|
| 538 | + | for the entire amount of the set-aside specified under this subdivision. 443 |
---|
| 539 | + | (2) The council shall make such moneys available for the 444 |
---|
| 540 | + | implementation or support of said reading instruction program or any 445 |
---|
| 541 | + | state-wide early literacy initiative developed and implemented by the 446 |
---|
| 542 | + | Department of Education, regardless of whether such program or 447 |
---|
| 543 | + | initiative is related to a community impact zone or is eligible for other 448 |
---|
| 544 | + | community development corporation or community development 449 |
---|
| 545 | + | credit union programs or other grants or funding. The moneys made 450 |
---|
| 546 | + | available pursuant to this subdivision shall supplement existing or other 451 |
---|
| 547 | + | available grants or funding. The council shall establish forms and 452 |
---|
| 548 | + | criteria to apply for such moneys and shall give primary priority to 453 |
---|
| 549 | + | applications from schools located in a community impact zone, 454 Raised Bill No. 1104 |
---|
561 | | - | criteria to apply for such moneys and shall give primary priority to 454 |
---|
562 | | - | applications from schools located in a community impact zone, 455 |
---|
563 | | - | provided all such schools submit an application. Any moneys awarded 456 |
---|
564 | | - | to such schools shall be distributed on a zone-wide basis to be used 457 |
---|
565 | | - | solely for the purpose of making said reading instruction program 458 |
---|
566 | | - | available to all students reading below proficiency level who reside or 459 |
---|
567 | | - | attend school within the community impact zone. The council shall give 460 |
---|
568 | | - | secondary priority to applications from schools located in a distressed 461 |
---|
569 | | - | municipality on the basis of the level of student reading achievement, as 462 |
---|
570 | | - | determined by the Commissioner of Education. 463 |
---|
571 | | - | (i) The council shall set aside an amount in its annual budget, to be 464 |
---|
572 | | - | determined by the council, to provide financial assistance to health care 465 |
---|
573 | | - | providers and facilities that provide mental health or substance use 466 |
---|
574 | | - | disorder treatment services in any municipality. The council shall 467 |
---|
575 | | - | establish eligibility requirements for such financial assistance and 468 |
---|
576 | | - | publicize the availability of such financial assistance to the relevant 469 |
---|
577 | | - | community. 470 |
---|
578 | | - | (j) The council shall develop a proposal to allow social impact bonds 471 |
---|
579 | | - | to be issued by the state to support public schools located in community 472 |
---|
580 | | - | impact zones. Not later than February 1, 2022, the Secretary of the Office 473 |
---|
581 | | - | of Policy and Management shall submit a report, in accordance with the 474 |
---|
582 | | - | provisions of section 11-4a of the general statutes, to the General 475 |
---|
583 | | - | Assembly, setting forth the proposal and including recommendations 476 |
---|
584 | | - | on ways to leverage the federal opportunity zones program to support 477 |
---|
585 | | - | such public schools. 478 |
---|
586 | | - | (k) (1) The council may cause to have conducted an external, 479 |
---|
587 | | - | independent audit of any community development corporation or 480 |
---|
588 | | - | community development credit union. 481 |
---|
589 | | - | (2) The council may request the Auditors of Public Accounts to 482 |
---|
590 | | - | perform, and said auditors shall perform, audits and other related 483 |
---|
591 | | - | evaluations to facilitate the council's responsibilities established under 484 |
---|
592 | | - | sections 1 to 4, inclusive, of this act. 485 Substitute Bill No. 1104 |
---|
| 553 | + | LCO No. 6689 16 of 33 |
---|
| 554 | + | |
---|
| 555 | + | provided all such schools submit an application. Any moneys awarded 455 |
---|
| 556 | + | to such schools shall be distributed on a zone-wide basis to be used 456 |
---|
| 557 | + | solely for the purpose of making said reading instruction program 457 |
---|
| 558 | + | available to all students reading below proficiency level who reside or 458 |
---|
| 559 | + | attend school within the community impact zone. The council shall give 459 |
---|
| 560 | + | secondary priority to applications from schools located in a distressed 460 |
---|
| 561 | + | municipality on the basis of the level of student reading achievement, as 461 |
---|
| 562 | + | determined by the Commissioner of Education. 462 |
---|
| 563 | + | (i) The council shall set aside an amount in its annual budget, to be 463 |
---|
| 564 | + | determined by the council, to provide financial assistance to health care 464 |
---|
| 565 | + | providers and facilities that provide mental health or substance use 465 |
---|
| 566 | + | disorder treatment services in any municipality. The council shall 466 |
---|
| 567 | + | establish eligibility requirements for such financial assistance and 467 |
---|
| 568 | + | publicize the availability of such financial assistance to the relevant 468 |
---|
| 569 | + | community. 469 |
---|
| 570 | + | (j) The council shall develop a proposal to allow social impact bonds 470 |
---|
| 571 | + | to be issued by the state to support public schools located in community 471 |
---|
| 572 | + | impact zones. Not later than February 1, 2022, the Secretary of the Office 472 |
---|
| 573 | + | of Policy and Management shall submit a report, in accordance with the 473 |
---|
| 574 | + | provisions of section 11-4a of the general statutes, to the General 474 |
---|
| 575 | + | Assembly, setting forth the proposal and including recommendations 475 |
---|
| 576 | + | on ways to leverage the federal qualified opportunity zones program to 476 |
---|
| 577 | + | support such public schools. 477 |
---|
| 578 | + | (k) (1) The council may cause to have conducted an external, 478 |
---|
| 579 | + | independent audit of any community development corporation or 479 |
---|
| 580 | + | community development credit union. 480 |
---|
| 581 | + | (2) The council may request the Auditors of Public Accounts to 481 |
---|
| 582 | + | perform, and said auditors shall perform, audits and other related 482 |
---|
| 583 | + | evaluations to facilitate the council's responsibilities established under 483 |
---|
| 584 | + | sections 1 to 4, inclusive, of this act. 484 |
---|
| 585 | + | (l) Not later than February 1, 2024, and annually thereafter, the 485 |
---|
| 586 | + | council shall submit a report to the Governor and to the General 486 Raised Bill No. 1104 |
---|
599 | | - | (l) Not later than February 1, 2024, and annually thereafter, the 486 |
---|
600 | | - | council shall submit a report to the Governor and to the General 487 |
---|
601 | | - | Assembly, in accordance with the provisions of section 11-4a of the 488 |
---|
602 | | - | general statutes. Such report shall include, but not be limited to, a list of 489 |
---|
603 | | - | the community development corporations, community development 490 |
---|
604 | | - | credit unions and community impact zones designated to date, a 491 |
---|
605 | | - | summary of the programs, services, activities and efforts undertaken by 492 |
---|
606 | | - | such corporations and credit unions pursuant to sections 1 and 2 of this 493 |
---|
607 | | - | act and the disbursements made from the Community Development 494 |
---|
608 | | - | Corporation Trust Fund to support such programs, services, activities 495 |
---|
609 | | - | and efforts. 496 |
---|
610 | | - | Sec. 4. (NEW) (Effective from passage) (a) There is established a fund to 497 |
---|
611 | | - | be known as the "Community Development Corporation Trust Fund". 498 |
---|
612 | | - | The fund shall contain any moneys required by law to be deposited in 499 |
---|
613 | | - | the fund and shall be held in trust separate and apart from all other 500 |
---|
614 | | - | moneys, funds and accounts. Investment earnings credited to the assets 501 |
---|
615 | | - | of the fund shall become part of the assets of said fund. Any balance 502 |
---|
616 | | - | remaining in the fund at the end of any fiscal year shall be carried 503 |
---|
617 | | - | forward in the fund for the fiscal year next succeeding. Moneys in the 504 |
---|
618 | | - | fund shall be expended by the community development corporation 505 |
---|
619 | | - | oversight council established pursuant to section 3 of this act to be used 506 |
---|
620 | | - | for the purposes set forth in sections 1 and 2 of this act. 507 |
---|
621 | | - | (b) The Treasurer shall invest the amounts on deposit in the fund in 508 |
---|
622 | | - | a manner reasonable and appropriate to achieve the objectives of the 509 |
---|
623 | | - | fund, exercising the discretion and care of a prudent person in similar 510 |
---|
624 | | - | circumstances with similar objectives. The Treasurer shall give due 511 |
---|
625 | | - | consideration to rate of return, risk, term or maturity, diversification of 512 |
---|
626 | | - | the total portfolio within the fund, liquidity, the projected 513 |
---|
627 | | - | disbursements and expenditures, and the expected payments, deposits, 514 |
---|
628 | | - | contributions and gifts to be received. The Treasurer shall not require 515 |
---|
629 | | - | the fund to invest directly in obligations of the state or any political 516 |
---|
630 | | - | subdivision of the state or in any investment or other fund administered 517 |
---|
631 | | - | by the Treasurer. The assets of the fund shall be continuously invested 518 Substitute Bill No. 1104 |
---|
| 590 | + | LCO No. 6689 17 of 33 |
---|
| 591 | + | |
---|
| 592 | + | Assembly, in accordance with the provisions of section 11-4a of the 487 |
---|
| 593 | + | general statutes. Such report shall include, but not be limited to, a list of 488 |
---|
| 594 | + | the community development corporations, community development 489 |
---|
| 595 | + | credit unions and community impact zones designated to date, a 490 |
---|
| 596 | + | summary of the programs, services, activities and efforts undertaken by 491 |
---|
| 597 | + | such corporations and credit unions pursuant to sections 1 and 2 of this 492 |
---|
| 598 | + | act and the disbursements made from the Community Development 493 |
---|
| 599 | + | Corporation Trust Fund to support such programs, services, activities 494 |
---|
| 600 | + | and efforts. 495 |
---|
| 601 | + | Sec. 4. (NEW) (Effective from passage) (a) There is established a fund to 496 |
---|
| 602 | + | be known as the "Community Development Corporation Trust Fund". 497 |
---|
| 603 | + | The fund shall contain any moneys required by law to be deposited in 498 |
---|
| 604 | + | the fund and shall be held in trust separate and apart from all other 499 |
---|
| 605 | + | moneys, funds and accounts. Investment earnings credited to the assets 500 |
---|
| 606 | + | of the fund shall become part of the assets of said fund. Any balance 501 |
---|
| 607 | + | remaining in the fund at the end of any fiscal year shall be carried 502 |
---|
| 608 | + | forward in the fund for the fiscal year next succeeding. Moneys in the 503 |
---|
| 609 | + | fund shall be expended by the community development corporation 504 |
---|
| 610 | + | oversight council established pursuant to section 3 of this act to be used 505 |
---|
| 611 | + | for the purposes set forth in sections 1 and 2 of this act. 506 |
---|
| 612 | + | (b) The Treasurer shall invest the amounts on deposit in the fund in 507 |
---|
| 613 | + | a manner reasonable and appropriate to achieve the objectives of the 508 |
---|
| 614 | + | fund, exercising the discretion and care of a prudent person in similar 509 |
---|
| 615 | + | circumstances with similar objectives. The Treasurer shall give due 510 |
---|
| 616 | + | consideration to rate of return, risk, term or maturity, diversification of 511 |
---|
| 617 | + | the total portfolio within the fund, liquidity, the projected 512 |
---|
| 618 | + | disbursements and expenditures, and the expected payments, deposits, 513 |
---|
| 619 | + | contributions and gifts to be received. The Treasurer shall not require 514 |
---|
| 620 | + | the fund to invest directly in obligations of the state or any political 515 |
---|
| 621 | + | subdivision of the state or in any investment or other fund administered 516 |
---|
| 622 | + | by the Treasurer. The assets of the fund shall be continuously invested 517 |
---|
| 623 | + | and reinvested in a manner consistent with the objectives of the fund 518 |
---|
| 624 | + | until disbursed for the purposes set forth in sections 1 and 2 of this act. 519 Raised Bill No. 1104 |
---|
638 | | - | and reinvested in a manner consistent with the objectives of the fund 519 |
---|
639 | | - | until disbursed for the purposes set forth in sections 1 and 2 of this act. 520 |
---|
640 | | - | (c) On or before December thirty-first, annually, the Treasurer shall 521 |
---|
641 | | - | submit a financial report, in accordance with the provisions of section 522 |
---|
642 | | - | 11-4a of the general statutes, to the community development 523 |
---|
643 | | - | corporation oversight council and the joint standing committee of the 524 |
---|
644 | | - | General Assembly having cognizance of matters relating to finance, 525 |
---|
645 | | - | revenue and bonding, setting forth the receipts, disbursements, assets, 526 |
---|
646 | | - | investments, liabilities and administrative costs of the fund for the prior 527 |
---|
647 | | - | fiscal year. 528 |
---|
648 | | - | Sec. 5. (NEW) (Effective from passage) Any entity that is exempt from 529 |
---|
649 | | - | tax pursuant to Section 501(c) of the Internal Revenue Code of 1986, or 530 |
---|
650 | | - | any subsequent corresponding internal revenue code of the United 531 |
---|
651 | | - | States, as amended from time to time, and exempt from paying property 532 |
---|
652 | | - | tax and any municipality and the state may make a deposit with a 533 |
---|
653 | | - | community development credit union, to be invested by such credit 534 |
---|
654 | | - | union to further the community restoration and revitalization purposes 535 |
---|
655 | | - | set forth in sections 1 to 4, inclusive, of this act. Each community 536 |
---|
656 | | - | development credit union that receives a deposit pursuant to this 537 |
---|
657 | | - | section shall provide a rate of return on such deposit that is, at a 538 |
---|
658 | | - | minimum, not less than the London Interbank Offered Rate. 539 |
---|
659 | | - | Sec. 6. (NEW) (Effective from passage) (a) As used in this section: 540 |
---|
660 | | - | (1) "Cannabis" means "marijuana", as defined in section 21a-240 of the 541 |
---|
661 | | - | general statutes. "Cannabis" does not include marijuana cultivated or 542 |
---|
662 | | - | sold for palliative use pursuant to chapter 420f of the general statutes; 543 |
---|
663 | | - | (2) "Cannabis concentrate" means any form of concentration, 544 |
---|
664 | | - | including, but not limited to, extracts, oils, tinctures, shatter and waxes, 545 |
---|
665 | | - | that is extracted from cannabis or a cannabis product; 546 |
---|
666 | | - | (3) "Cannabis product" means a cannabis concentrate or a product 547 |
---|
667 | | - | that contains cannabis, which may be combined with other ingredients, 548 |
---|
668 | | - | and is intended for use or consumption. "Cannabis product" does not 549 Substitute Bill No. 1104 |
---|
| 628 | + | LCO No. 6689 18 of 33 |
---|
| 629 | + | |
---|
| 630 | + | (c) On or before December thirty-first, annually, the Treasurer shall 520 |
---|
| 631 | + | submit a financial report, in accordance with the provisions of section 521 |
---|
| 632 | + | 11-4a of the general statutes, to the community development 522 |
---|
| 633 | + | corporation oversight council and the joint standing committee of the 523 |
---|
| 634 | + | General Assembly having cognizance of matters relating to finance, 524 |
---|
| 635 | + | revenue and bonding, setting forth the receipts, disbursements, assets, 525 |
---|
| 636 | + | investments, liabilities and administrative costs of the fund for the prior 526 |
---|
| 637 | + | fiscal year. 527 |
---|
| 638 | + | Sec. 5. (NEW) (Effective from passage) Any entity that is exempt from 528 |
---|
| 639 | + | paying property tax pursuant to Section 501(c) of the Internal Revenue 529 |
---|
| 640 | + | Code of 1986, or any subsequent corresponding internal revenue code 530 |
---|
| 641 | + | of the United States, as amended from time to time, any municipality 531 |
---|
| 642 | + | and the state may make a deposit with a community development credit 532 |
---|
| 643 | + | union, to be invested by such credit union to further the community 533 |
---|
| 644 | + | restoration and revitalization purposes set forth in sections 1 to 4, 534 |
---|
| 645 | + | inclusive, of this act. Each community development credit union that 535 |
---|
| 646 | + | receives a deposit pursuant to this section shall provide a rate of return 536 |
---|
| 647 | + | on such deposit that is, at a minimum, not less than the London 537 |
---|
| 648 | + | Interbank Offered Rate. 538 |
---|
| 649 | + | Sec. 6. (NEW) (Effective from passage) (a) As used in this section: 539 |
---|
| 650 | + | (1) "Cannabis" means "marijuana", as defined in section 21a-240 of the 540 |
---|
| 651 | + | general statutes. "Cannabis" does not include marijuana cultivated or 541 |
---|
| 652 | + | sold for palliative use pursuant to chapter 420f of the general statutes; 542 |
---|
| 653 | + | (2) "Cannabis concentrate" means any form of concentration, 543 |
---|
| 654 | + | including, but not limited to, extracts, oils, tinctures, shatter and waxes, 544 |
---|
| 655 | + | that is extracted from cannabis or a cannabis product; 545 |
---|
| 656 | + | (3) "Cannabis product" means a cannabis concentrate or a product 546 |
---|
| 657 | + | that contains cannabis, which may be combined with other ingredients, 547 |
---|
| 658 | + | and is intended for use or consumption. "Cannabis product" does not 548 |
---|
| 659 | + | include the raw cannabis plant; 549 |
---|
| 660 | + | (4) "Cannabis retailer" means a person licensed by the Cannabis 550 Raised Bill No. 1104 |
---|
675 | | - | include the raw cannabis plant; 550 |
---|
676 | | - | (4) "Cannabis retailer" means a person licensed by the Department of 551 |
---|
677 | | - | Consumer Protection to sell cannabis and cannabis products to 552 |
---|
678 | | - | consumers; 553 |
---|
679 | | - | (5) "Consumer" means an individual who is twenty-one years of age 554 |
---|
680 | | - | or older; and 555 |
---|
681 | | - | (6) "Municipality" means any town, city or borough, consolidated 556 |
---|
682 | | - | town and city or consolidated town and borough. 557 |
---|
683 | | - | (b) (1) On and after the date the Department of Consumer Protection 558 |
---|
684 | | - | first issues a license to a cannabis retailer, there is imposed a local sales 559 |
---|
685 | | - | tax at the rate of three per cent on the sale of all cannabis and cannabis 560 |
---|
686 | | - | products. Such tax shall be in addition to the tax applicable to such sales 561 |
---|
687 | | - | under section 12-408 of the general statutes, as amended by this act, and 562 |
---|
688 | | - | shall be administered in the same manner as the tax under said section. 563 |
---|
689 | | - | (2) Each cannabis retailer making such sales shall file with the 564 |
---|
690 | | - | Commissioner of Revenue Services, on or before the last day of each 565 |
---|
691 | | - | calendar quarter, a return for the calendar quarter immediately 566 |
---|
692 | | - | preceding. Such returns shall be in such form and contain such 567 |
---|
693 | | - | information as the commissioner prescribes and shall indicate the 568 |
---|
694 | | - | municipality in which such sales occurred, and shall be accompanied by 569 |
---|
695 | | - | a payment of the total amount of tax shown to be due thereon. 570 |
---|
696 | | - | (c) The commissioner shall deposit any local sales tax collected 571 |
---|
697 | | - | pursuant to subsection (b) of this section into the municipal cannabis 572 |
---|
698 | | - | revenue account established under subsection (d) of this section. 573 |
---|
699 | | - | (d) There is established an account to be known as the "municipal 574 |
---|
700 | | - | cannabis revenue account" which shall be a separate account within the 575 |
---|
701 | | - | General Fund. The account shall contain any moneys required by law to 576 |
---|
702 | | - | be deposited in the account. Moneys in the account shall be expended 577 |
---|
703 | | - | by the Commissioner of Revenue Services for the purpose of providing 578 |
---|
704 | | - | moneys in accordance with this section to municipalities in which 579 Substitute Bill No. 1104 |
---|
| 664 | + | LCO No. 6689 19 of 33 |
---|
| 665 | + | |
---|
| 666 | + | Control Commission to sell cannabis and cannabis products to 551 |
---|
| 667 | + | consumers; 552 |
---|
| 668 | + | (5) "Consumer" means an individual who is twenty-one years of age 553 |
---|
| 669 | + | or older; 554 |
---|
| 670 | + | (6) "Cannabis Control Commission" means the commission 555 |
---|
| 671 | + | established under section 21 of substitute senate bill 888 of the current 556 |
---|
| 672 | + | session; and 557 |
---|
| 673 | + | (7) "Municipality" means any town, city or borough, consolidated 558 |
---|
| 674 | + | town and city or consolidated town and borough. 559 |
---|
| 675 | + | (b) (1) On and after the date the Cannabis Control Commission first 560 |
---|
| 676 | + | issues a license to a cannabis retailer, there is imposed a local sales tax 561 |
---|
| 677 | + | at the rate of three per cent on the sale of all cannabis and cannabis 562 |
---|
| 678 | + | products. Such tax shall be in addition to the tax applicable to such sales 563 |
---|
| 679 | + | under section 12-408 of the general statutes, as amended by this act, and 564 |
---|
| 680 | + | shall be administered in the same manner as the tax under said section. 565 |
---|
| 681 | + | (2) Each cannabis retailer making such sales shall file with the 566 |
---|
| 682 | + | commissioner, on or before the last day of each calendar quarter, a 567 |
---|
| 683 | + | return for the calendar quarter immediately preceding. Such returns 568 |
---|
| 684 | + | shall be in such form and contain such information as the commissioner 569 |
---|
| 685 | + | prescribes and shall indicate the municipality in which such sales 570 |
---|
| 686 | + | occurred, and shall be accompanied by a payment of the total amount 571 |
---|
| 687 | + | of tax shown to be due thereon. 572 |
---|
| 688 | + | (c) The commissioner shall deposit any local sales tax collected 573 |
---|
| 689 | + | pursuant to subsection (b) of this section into the municipal cannabis 574 |
---|
| 690 | + | revenue account established under subsection (d) of this section. 575 |
---|
| 691 | + | (d) There is established an account to be known as the "municipal 576 |
---|
| 692 | + | cannabis revenue account" which shall be a separate account within the 577 |
---|
| 693 | + | General Fund. The account shall contain any moneys required by law to 578 |
---|
| 694 | + | be deposited in the account. Moneys in the account shall be expended 579 |
---|
| 695 | + | by the Commissioner of Revenue Services for the purpose of providing 580 Raised Bill No. 1104 |
---|
711 | | - | cannabis retailers are selling cannabis and cannabis products to 580 |
---|
712 | | - | consumers. 581 |
---|
713 | | - | (e) (1) The commissioner shall maintain (A) an accounting of all sums 582 |
---|
714 | | - | deposited in the account, aggregated by municipality, (B) a listing of 583 |
---|
715 | | - | sums remitted by each cannabis retailer, and (C) such other information 584 |
---|
716 | | - | as the commissioner deems necessary for the purposes of this section. 585 |
---|
717 | | - | (2) Commencing in the second calendar quarter following the initial 586 |
---|
718 | | - | deposit into the account, the commissioner shall distribute on a 587 |
---|
719 | | - | quarterly basis a sum, calculated on a point-of-sale basis, to each 588 |
---|
720 | | - | municipality in which a cannabis retailer is located and for which a 589 |
---|
721 | | - | point-of-sale can be determined. Any moneys remaining in the account 590 |
---|
722 | | - | at the close of the fiscal year for which no point-of-sale can be 591 |
---|
723 | | - | determined shall be transferred to the Community Development 592 |
---|
724 | | - | Corporation Trust Fund established under section 4 of this act. 593 |
---|
725 | | - | (3) The commissioner shall make available to each municipality in 594 |
---|
726 | | - | which a cannabis retailer is located any information concerning such 595 |
---|
727 | | - | municipality that is maintained under subdivision (1) of this subsection. 596 |
---|
728 | | - | (f) If any person fails to pay the amount of tax reported due on its 597 |
---|
729 | | - | report within the time specified under this section, there shall be 598 |
---|
730 | | - | imposed a penalty equal to ten per cent of such amount due and unpaid, 599 |
---|
731 | | - | or fifty dollars, whichever is greater. Such amount shall bear interest at 600 |
---|
732 | | - | the rate of one per cent per month or fraction thereof, from the due date 601 |
---|
733 | | - | of such tax until the date of payment. Subject to the provisions of section 602 |
---|
734 | | - | 12-3a of the general statutes, the commissioner may waive all or part of 603 |
---|
735 | | - | the penalties provided under this section when it is proven to the 604 |
---|
736 | | - | commissioner's satisfaction that the failure to pay any tax was due to 605 |
---|
737 | | - | reasonable cause and was not intentional or due to neglect. 606 |
---|
738 | | - | (g) Each person, other than a cannabis retailer, who is required, on 607 |
---|
739 | | - | behalf of such retailer, to collect, truthfully account for and pay over a 608 |
---|
740 | | - | tax imposed on such retailer under this section and who wilfully fails to 609 |
---|
741 | | - | collect, truthfully account for and pay over such tax or who wilfully 610 Substitute Bill No. 1104 |
---|
| 699 | + | LCO No. 6689 20 of 33 |
---|
| 700 | + | |
---|
| 701 | + | moneys in accordance with this section to municipalities in which 581 |
---|
| 702 | + | cannabis retailers are selling cannabis and cannabis products to 582 |
---|
| 703 | + | consumers. 583 |
---|
| 704 | + | (e) (1) The commissioner shall maintain (A) an accounting of all sums 584 |
---|
| 705 | + | deposited in the account, aggregated by municipality, (B) a listing of 585 |
---|
| 706 | + | sums remitted by each cannabis retailer, and (C) such other information 586 |
---|
| 707 | + | as the commissioner deems necessary for the purposes of this section. 587 |
---|
| 708 | + | (2) Commencing in the second calendar quarter following the initial 588 |
---|
| 709 | + | deposit into the account, the commissioner shall distribute on a 589 |
---|
| 710 | + | quarterly basis a sum, calculated on a point-of-sale basis, to each 590 |
---|
| 711 | + | municipality in which a cannabis retailer is located and for which a 591 |
---|
| 712 | + | point-of-sale can be determined. Any moneys remaining in the account 592 |
---|
| 713 | + | at the close of the fiscal year for which no point-of-sale can be 593 |
---|
| 714 | + | determined shall be transferred to the Community Development 594 |
---|
| 715 | + | Corporation Trust Fund established under section 4 of this act. 595 |
---|
| 716 | + | (3) The commissioner shall make available to each municipality in 596 |
---|
| 717 | + | which a cannabis retailer is located any information concerning such 597 |
---|
| 718 | + | municipality that is maintained under subdivision (1) of this subsection. 598 |
---|
| 719 | + | (f) If any person fails to pay the amount of tax reported due on its 599 |
---|
| 720 | + | report within the time specified under this section, there shall be 600 |
---|
| 721 | + | imposed a penalty equal to ten per cent of such amount due and unpaid, 601 |
---|
| 722 | + | or fifty dollars, whichever is greater. Such amount shall bear interest at 602 |
---|
| 723 | + | the rate of one per cent per month or fraction thereof, from the due date 603 |
---|
| 724 | + | of such tax until the date of payment. Subject to the provisions of section 604 |
---|
| 725 | + | 12-3a of the general statutes, the commissioner may waive all or part of 605 |
---|
| 726 | + | the penalties provided under this section when it is proven to the 606 |
---|
| 727 | + | commissioner's satisfaction that the failure to pay any tax was due to 607 |
---|
| 728 | + | reasonable cause and was not intentional or due to neglect. 608 |
---|
| 729 | + | (g) Each person, other than a cannabis retailer, who is required, on 609 |
---|
| 730 | + | behalf of such retailer, to collect, truthfully account for and pay over a 610 |
---|
| 731 | + | tax imposed on such retailer under this section and who wilfully fails to 611 |
---|
| 732 | + | collect, truthfully account for and pay over such tax or who wilfully 612 Raised Bill No. 1104 |
---|
748 | | - | attempts in any manner to evade or defeat the tax or the payment 611 |
---|
749 | | - | thereof, shall, in addition to other penalties provided by law, be liable 612 |
---|
750 | | - | for a penalty equal to the total amount of the tax evaded, or not 613 |
---|
751 | | - | collected, or not accounted for and paid over, including any penalty or 614 |
---|
752 | | - | interest attributable to such wilful failure to collect or truthfully account 615 |
---|
753 | | - | for and pay over such tax or such wilful attempt to evade or defeat such 616 |
---|
754 | | - | tax, provided such penalty shall only be imposed against such person in 617 |
---|
755 | | - | the event that such tax, penalty or interest cannot otherwise be collected 618 |
---|
756 | | - | from such retailer. The amount of such penalty with respect to which a 619 |
---|
757 | | - | person may be personally liable under this section shall be collected in 620 |
---|
758 | | - | accordance with the provisions of section 12-555a of the general statutes 621 |
---|
759 | | - | and any amount so collected shall be allowed as a credit against the 622 |
---|
760 | | - | amount of such tax, penalty or interest due and owing from the retailer. 623 |
---|
761 | | - | The dissolution of the retailer shall not discharge any person in relation 624 |
---|
762 | | - | to any personal liability under this section for wilful failure to collect or 625 |
---|
763 | | - | truthfully account for and pay over such tax or for a wilful attempt to 626 |
---|
764 | | - | evade or defeat such tax prior to dissolution, except as otherwise 627 |
---|
765 | | - | provided in this section. For purposes of this section, "person" includes 628 |
---|
766 | | - | any individual, corporation, limited liability company or partnership 629 |
---|
767 | | - | and any officer or employee of any corporation, including a dissolved 630 |
---|
768 | | - | corporation, and a member or employee of any partnership or limited 631 |
---|
769 | | - | liability company who, as such officer, employee or member, is under a 632 |
---|
770 | | - | duty to file a tax return under this section on behalf of a cannabis retailer 633 |
---|
771 | | - | or to collect or truthfully account for and pay over a tax imposed under 634 |
---|
772 | | - | this section on behalf of such retailer. 635 |
---|
773 | | - | (h) No tax credit or credits shall be allowable against the tax imposed 636 |
---|
774 | | - | under this section. 637 |
---|
775 | | - | (i) The provisions of sections 12-551 to 12-554, inclusive, and section 638 |
---|
776 | | - | 12-555a of the general statutes shall apply to the provisions of this 639 |
---|
777 | | - | section in the same manner and with the same force and effect as if the 640 |
---|
778 | | - | language of said sections had been incorporated in full into this section 641 |
---|
779 | | - | and had expressly referred to the tax under this section, except to the 642 |
---|
780 | | - | extent that any provision is inconsistent with a provision in this section. 643 Substitute Bill No. 1104 |
---|
| 736 | + | LCO No. 6689 21 of 33 |
---|
| 737 | + | |
---|
| 738 | + | attempts in any manner to evade or defeat the tax or the payment 613 |
---|
| 739 | + | thereof, shall, in addition to other penalties provided by law, be liable 614 |
---|
| 740 | + | for a penalty equal to the total amount of the tax evaded, or not 615 |
---|
| 741 | + | collected, or not accounted for and paid over, including any penalty or 616 |
---|
| 742 | + | interest attributable to such wilful failure to collect or truthfully account 617 |
---|
| 743 | + | for and pay over such tax or such wilful attempt to evade or defeat such 618 |
---|
| 744 | + | tax, provided such penalty shall only be imposed against such person in 619 |
---|
| 745 | + | the event that such tax, penalty or interest cannot otherwise be collected 620 |
---|
| 746 | + | from such retailer. The amount of such penalty with respect to which a 621 |
---|
| 747 | + | person may be personally liable under this section shall be collected in 622 |
---|
| 748 | + | accordance with the provisions of section 12-555a of the general statutes 623 |
---|
| 749 | + | and any amount so collected shall be allowed as a credit against the 624 |
---|
| 750 | + | amount of such tax, penalty or interest due and owing from the retailer. 625 |
---|
| 751 | + | The dissolution of the retailer shall not discharge any person in relation 626 |
---|
| 752 | + | to any personal liability under this section for wilful failure to collect or 627 |
---|
| 753 | + | truthfully account for and pay over such tax or for a wilful attempt to 628 |
---|
| 754 | + | evade or defeat such tax prior to dissolution, except as otherwise 629 |
---|
| 755 | + | provided in this section. For purposes of this section, "person" includes 630 |
---|
| 756 | + | any individual, corporation, limited liability company or partnership 631 |
---|
| 757 | + | and any officer or employee of any corporation, including a dissolved 632 |
---|
| 758 | + | corporation, and a member or employee of any partnership or limited 633 |
---|
| 759 | + | liability company who, as such officer, employee or member, is under a 634 |
---|
| 760 | + | duty to file a tax return under this section on behalf of a cannabis retailer 635 |
---|
| 761 | + | or to collect or truthfully account for and pay over a tax imposed under 636 |
---|
| 762 | + | this section on behalf of such retailer. 637 |
---|
| 763 | + | (h) No tax credit or credits shall be allowable against the tax imposed 638 |
---|
| 764 | + | under this section. 639 |
---|
| 765 | + | (i) The provisions of sections 12-551 to 12-554, inclusive, and section 640 |
---|
| 766 | + | 12-555a of the general statutes shall apply to the provisions of this 641 |
---|
| 767 | + | section in the same manner and with the same force and effect as if the 642 |
---|
| 768 | + | language of said sections had been incorporated in full into this section 643 |
---|
| 769 | + | and had expressly referred to the tax under this section, except to the 644 |
---|
| 770 | + | extent that any provision is inconsistent with a provision in this section. 645 Raised Bill No. 1104 |
---|
787 | | - | (j) The commissioner may adopt regulations, in accordance with the 644 |
---|
788 | | - | provisions of chapter 54 of the general statutes, to implement the 645 |
---|
789 | | - | provisions of this section. 646 |
---|
790 | | - | (k) At the close of each fiscal year in which the tax imposed under the 647 |
---|
791 | | - | provisions of this section are received by the commissioner, the 648 |
---|
792 | | - | Comptroller is authorized to record as revenue for such fiscal year the 649 |
---|
793 | | - | amounts of such tax that are received by the commissioner not later than 650 |
---|
794 | | - | five business days from the last day of July immediately following the 651 |
---|
795 | | - | end of such fiscal year. 652 |
---|
796 | | - | Sec. 7. Subdivision (1) of section 12-408 of the general statutes is 653 |
---|
797 | | - | repealed and the following is substituted in lieu thereof (Effective from 654 |
---|
798 | | - | passage): 655 |
---|
799 | | - | (1) (A) For the privilege of making any sales, as defined in 656 |
---|
800 | | - | subdivision (2) of subsection (a) of section 12-407, at retail, in this state 657 |
---|
801 | | - | for a consideration, a tax is hereby imposed on all retailers at the rate of 658 |
---|
802 | | - | six and thirty-five-hundredths per cent of the gross receipts of any 659 |
---|
803 | | - | retailer from the sale of all tangible personal property sold at retail or 660 |
---|
804 | | - | from the rendering of any services constituting a sale in accordance with 661 |
---|
805 | | - | subdivision (2) of subsection (a) of section 12-407, except, in lieu of said 662 |
---|
806 | | - | rate, the rates provided in subparagraphs (B) to [(I)] (J), inclusive, of this 663 |
---|
807 | | - | subdivision; 664 |
---|
808 | | - | (B) (i) At a rate of fifteen per cent with respect to each transfer of 665 |
---|
809 | | - | occupancy, from the total amount of rent received by a hotel or lodging 666 |
---|
810 | | - | house for the first period not exceeding thirty consecutive calendar 667 |
---|
811 | | - | days; 668 |
---|
812 | | - | (ii) At a rate of eleven per cent with respect to each transfer of 669 |
---|
813 | | - | occupancy, from the total amount of rent received by a bed and 670 |
---|
814 | | - | breakfast establishment for the first period not exceeding thirty 671 |
---|
815 | | - | consecutive calendar days; 672 |
---|
816 | | - | (C) With respect to the sale of a motor vehicle to any individual who 673 |
---|
817 | | - | is a member of the armed forces of the United States and is on full-time 674 Substitute Bill No. 1104 |
---|
| 774 | + | LCO No. 6689 22 of 33 |
---|
| 775 | + | |
---|
| 776 | + | (j) The commissioner may adopt regulations, in accordance with the 646 |
---|
| 777 | + | provisions of chapter 54 of the general statutes, to implement the 647 |
---|
| 778 | + | provisions of this section. 648 |
---|
| 779 | + | (k) At the close of each fiscal year in which the tax imposed under the 649 |
---|
| 780 | + | provisions of this section are received by the commissioner, the 650 |
---|
| 781 | + | Comptroller is authorized to record as revenue for such fiscal year the 651 |
---|
| 782 | + | amounts of such tax that are received by the commissioner not later than 652 |
---|
| 783 | + | five business days from the last day of July immediately following the 653 |
---|
| 784 | + | end of such fiscal year. 654 |
---|
| 785 | + | Sec. 7. Subdivision (1) of section 12-408 of the general statutes is 655 |
---|
| 786 | + | repealed and the following is substituted in lieu thereof (Effective from 656 |
---|
| 787 | + | passage): 657 |
---|
| 788 | + | (1) (A) For the privilege of making any sales, as defined in 658 |
---|
| 789 | + | subdivision (2) of subsection (a) of section 12-407, at retail, in this state 659 |
---|
| 790 | + | for a consideration, a tax is hereby imposed on all retailers at the rate of 660 |
---|
| 791 | + | six and thirty-five-hundredths per cent of the gross receipts of any 661 |
---|
| 792 | + | retailer from the sale of all tangible personal property sold at retail or 662 |
---|
| 793 | + | from the rendering of any services constituting a sale in accordance with 663 |
---|
| 794 | + | subdivision (2) of subsection (a) of section 12-407, except, in lieu of said 664 |
---|
| 795 | + | rate, the rates provided in subparagraphs (B) to [(I)] (J), inclusive, of this 665 |
---|
| 796 | + | subdivision; 666 |
---|
| 797 | + | (B) (i) At a rate of fifteen per cent with respect to each transfer of 667 |
---|
| 798 | + | occupancy, from the total amount of rent received by a hotel or lodging 668 |
---|
| 799 | + | house for the first period not exceeding thirty consecutive calendar 669 |
---|
| 800 | + | days; 670 |
---|
| 801 | + | (ii) At a rate of eleven per cent with respect to each transfer of 671 |
---|
| 802 | + | occupancy, from the total amount of rent received by a bed and 672 |
---|
| 803 | + | breakfast establishment for the first period not exceeding thirty 673 |
---|
| 804 | + | consecutive calendar days; 674 |
---|
| 805 | + | (C) With respect to the sale of a motor vehicle to any individual who 675 |
---|
| 806 | + | is a member of the armed forces of the United States and is on full-time 676 Raised Bill No. 1104 |
---|
824 | | - | active duty in Connecticut and who is considered, under 50 App USC 675 |
---|
825 | | - | 574, a resident of another state, or to any such individual and the spouse 676 |
---|
826 | | - | thereof, at a rate of four and one-half per cent of the gross receipts of any 677 |
---|
827 | | - | retailer from such sales, provided such retailer requires and maintains a 678 |
---|
828 | | - | declaration by such individual, prescribed as to form by the 679 |
---|
829 | | - | commissioner and bearing notice to the effect that false statements made 680 |
---|
830 | | - | in such declaration are punishable, or other evidence, satisfactory to the 681 |
---|
831 | | - | commissioner, concerning the purchaser's state of residence under 50 682 |
---|
832 | | - | App USC 574; 683 |
---|
833 | | - | (D) (i) With respect to the sales of computer and data processing 684 |
---|
834 | | - | services occurring on or after July 1, 2001, at the rate of one per cent, and 685 |
---|
835 | | - | (ii) with respect to sales of Internet access services, on and after July 1, 686 |
---|
836 | | - | 2001, such services shall be exempt from such tax; 687 |
---|
837 | | - | (E) (i) With respect to the sales of labor that is otherwise taxable under 688 |
---|
838 | | - | subparagraph (C) or (G) of subdivision (2) of subsection (a) of section 689 |
---|
839 | | - | 12-407 on existing vessels and repair or maintenance services on vessels 690 |
---|
840 | | - | occurring on and after July 1, 1999, such services shall be exempt from 691 |
---|
841 | | - | such tax; 692 |
---|
842 | | - | (ii) With respect to the sale of a vessel, a motor for a vessel or a trailer 693 |
---|
843 | | - | used for transporting a vessel, at the rate of two and ninety-nine-694 |
---|
844 | | - | hundredths per cent, except that the sale of a vessel shall be exempt from 695 |
---|
845 | | - | such tax if such vessel is docked in this state for sixty or fewer days in a 696 |
---|
846 | | - | calendar year; 697 |
---|
847 | | - | (iii) With respect to the sale of dyed diesel fuel, as defined in 698 |
---|
848 | | - | subsection (d) of section 12-487, sold by a marine fuel dock exclusively 699 |
---|
849 | | - | for marine purposes, at the rate of two and ninety-nine-hundredths per 700 |
---|
850 | | - | cent; 701 |
---|
851 | | - | (F) With respect to patient care services for which payment is 702 |
---|
852 | | - | received by the hospital on or after July 1, 1999, and prior to July 1, 2001, 703 |
---|
853 | | - | at the rate of five and three-fourths per cent and on and after July 1, 2001, 704 |
---|
854 | | - | such services shall be exempt from such tax; 705 Substitute Bill No. 1104 |
---|
| 810 | + | LCO No. 6689 23 of 33 |
---|
| 811 | + | |
---|
| 812 | + | active duty in Connecticut and who is considered, under 50 App USC 677 |
---|
| 813 | + | 574, a resident of another state, or to any such individual and the spouse 678 |
---|
| 814 | + | thereof, at a rate of four and one-half per cent of the gross receipts of any 679 |
---|
| 815 | + | retailer from such sales, provided such retailer requires and maintains a 680 |
---|
| 816 | + | declaration by such individual, prescribed as to form by the 681 |
---|
| 817 | + | commissioner and bearing notice to the effect that false statements made 682 |
---|
| 818 | + | in such declaration are punishable, or other evidence, satisfactory to the 683 |
---|
| 819 | + | commissioner, concerning the purchaser's state of residence under 50 684 |
---|
| 820 | + | App USC 574; 685 |
---|
| 821 | + | (D) (i) With respect to the sales of computer and data processing 686 |
---|
| 822 | + | services occurring on or after July 1, 2001, at the rate of one per cent, and 687 |
---|
| 823 | + | (ii) with respect to sales of Internet access services, on and after July 1, 688 |
---|
| 824 | + | 2001, such services shall be exempt from such tax; 689 |
---|
| 825 | + | (E) (i) With respect to the sales of labor that is otherwise taxable under 690 |
---|
| 826 | + | subparagraph (C) or (G) of subdivision (2) of subsection (a) of section 691 |
---|
| 827 | + | 12-407 on existing vessels and repair or maintenance services on vessels 692 |
---|
| 828 | + | occurring on and after July 1, 1999, such services shall be exempt from 693 |
---|
| 829 | + | such tax; 694 |
---|
| 830 | + | (ii) With respect to the sale of a vessel, a motor for a vessel or a trailer 695 |
---|
| 831 | + | used for transporting a vessel, at the rate of two and ninety-nine-696 |
---|
| 832 | + | hundredths per cent, except that the sale of a vessel shall be exempt from 697 |
---|
| 833 | + | such tax if such vessel is docked in this state for sixty or fewer days in a 698 |
---|
| 834 | + | calendar year; 699 |
---|
| 835 | + | (iii) With respect to the sale of dyed diesel fuel, as defined in 700 |
---|
| 836 | + | subsection (d) of section 12-487, sold by a marine fuel dock exclusively 701 |
---|
| 837 | + | for marine purposes, at the rate of two and ninety-nine-hundredths per 702 |
---|
| 838 | + | cent; 703 |
---|
| 839 | + | (F) With respect to patient care services for which payment is 704 |
---|
| 840 | + | received by the hospital on or after July 1, 1999, and prior to July 1, 2001, 705 |
---|
| 841 | + | at the rate of five and three-fourths per cent and on and after July 1, 2001, 706 |
---|
| 842 | + | such services shall be exempt from such tax; 707 Raised Bill No. 1104 |
---|
861 | | - | (G) With respect to the rental or leasing of a passenger motor vehicle 706 |
---|
862 | | - | for a period of thirty consecutive calendar days or less, at a rate of nine 707 |
---|
863 | | - | and thirty-five-hundredths per cent; 708 |
---|
864 | | - | (H) With respect to the sale of (i) a motor vehicle for a sales price 709 |
---|
865 | | - | exceeding fifty thousand dollars, at a rate of seven and three-fourths per 710 |
---|
866 | | - | cent on the entire sales price, (ii) jewelry, whether real or imitation, for 711 |
---|
867 | | - | a sales price exceeding five thousand dollars, at a rate of seven and 712 |
---|
868 | | - | three-fourths per cent on the entire sales price, and (iii) an article of 713 |
---|
869 | | - | clothing or footwear intended to be worn on or about the human body, 714 |
---|
870 | | - | a handbag, luggage, umbrella, wallet or watch for a sales price 715 |
---|
871 | | - | exceeding one thousand dollars, at a rate of seven and three-fourths per 716 |
---|
872 | | - | cent on the entire sales price. For purposes of this subparagraph, "motor 717 |
---|
873 | | - | vehicle" has the meaning provided in section 14-1, but does not include 718 |
---|
874 | | - | a motor vehicle subject to the provisions of subparagraph (C) of this 719 |
---|
875 | | - | subdivision, a motor vehicle having a gross vehicle weight rating over 720 |
---|
876 | | - | twelve thousand five hundred pounds, or a motor vehicle having a 721 |
---|
877 | | - | gross vehicle weight rating of twelve thousand five hundred pounds or 722 |
---|
878 | | - | less that is not used for private passenger purposes, but is designed or 723 |
---|
879 | | - | used to transport merchandise, freight or persons in connection with 724 |
---|
880 | | - | any business enterprise and issued a commercial registration or more 725 |
---|
881 | | - | specific type of registration by the Department of Motor Vehicles; 726 |
---|
882 | | - | (I) With respect to the sale of meals, as defined in subdivision (13) of 727 |
---|
883 | | - | section 12-412, sold by an eating establishment, caterer or grocery store; 728 |
---|
884 | | - | and spirituous, malt or vinous liquors, soft drinks, sodas or beverages 729 |
---|
885 | | - | such as are ordinarily dispensed at bars and soda fountains, or in 730 |
---|
886 | | - | connection therewith; in addition to the tax imposed under 731 |
---|
887 | | - | subparagraph (A) of this subdivision, at the rate of one per cent; 732 |
---|
888 | | - | (J) On and after the date the Department of Consumer Protection first 733 |
---|
889 | | - | issues a license to a cannabis retailer, with respect to the sale of cannabis 734 |
---|
890 | | - | and cannabis products, at a rate of twenty per cent. As used in this 735 |
---|
891 | | - | subparagraph, "cannabis", "cannabis product" and "cannabis retailer" 736 |
---|
892 | | - | have the same meanings as provided in section 6 of this act; 737 Substitute Bill No. 1104 |
---|
| 846 | + | LCO No. 6689 24 of 33 |
---|
| 847 | + | |
---|
| 848 | + | (G) With respect to the rental or leasing of a passenger motor vehicle 708 |
---|
| 849 | + | for a period of thirty consecutive calendar days or less, at a rate of nine 709 |
---|
| 850 | + | and thirty-five-hundredths per cent; 710 |
---|
| 851 | + | (H) With respect to the sale of (i) a motor vehicle for a sales price 711 |
---|
| 852 | + | exceeding fifty thousand dollars, at a rate of seven and three-fourths per 712 |
---|
| 853 | + | cent on the entire sales price, (ii) jewelry, whether real or imitation, for 713 |
---|
| 854 | + | a sales price exceeding five thousand dollars, at a rate of seven and 714 |
---|
| 855 | + | three-fourths per cent on the entire sales price, and (iii) an article of 715 |
---|
| 856 | + | clothing or footwear intended to be worn on or about the human body, 716 |
---|
| 857 | + | a handbag, luggage, umbrella, wallet or watch for a sales price 717 |
---|
| 858 | + | exceeding one thousand dollars, at a rate of seven and three-fourths per 718 |
---|
| 859 | + | cent on the entire sales price. For purposes of this subparagraph, "motor 719 |
---|
| 860 | + | vehicle" has the meaning provided in section 14-1, but does not include 720 |
---|
| 861 | + | a motor vehicle subject to the provisions of subparagraph (C) of this 721 |
---|
| 862 | + | subdivision, a motor vehicle having a gross vehicle weight rating over 722 |
---|
| 863 | + | twelve thousand five hundred pounds, or a motor vehicle having a 723 |
---|
| 864 | + | gross vehicle weight rating of twelve thousand five hundred pounds or 724 |
---|
| 865 | + | less that is not used for private passenger purposes, but is designed or 725 |
---|
| 866 | + | used to transport merchandise, freight or persons in connection with 726 |
---|
| 867 | + | any business enterprise and issued a commercial registration or more 727 |
---|
| 868 | + | specific type of registration by the Department of Motor Vehicles; 728 |
---|
| 869 | + | (I) With respect to the sale of meals, as defined in subdivision (13) of 729 |
---|
| 870 | + | section 12-412, sold by an eating establishment, caterer or grocery store; 730 |
---|
| 871 | + | and spirituous, malt or vinous liquors, soft drinks, sodas or beverages 731 |
---|
| 872 | + | such as are ordinarily dispensed at bars and soda fountains, or in 732 |
---|
| 873 | + | connection therewith; in addition to the tax imposed under 733 |
---|
| 874 | + | subparagraph (A) of this subdivision, at the rate of one per cent; 734 |
---|
| 875 | + | (J) On and after the date the Cannabis Control Commission first 735 |
---|
| 876 | + | issues a license to a cannabis retailer, with respect to the sale of cannabis 736 |
---|
| 877 | + | and cannabis products, at a rate of twenty per cent. As used in this 737 |
---|
| 878 | + | subparagraph, "cannabis", "cannabis product", "cannabis retailer" and 738 |
---|
| 879 | + | "Cannabis Control Commission" have the same meanings as provided 739 |
---|
| 880 | + | in section 6 of this act; 740 Raised Bill No. 1104 |
---|
899 | | - | [(J)] (K) The rate of tax imposed by this chapter shall be applicable to 738 |
---|
900 | | - | all retail sales upon the effective date of such rate, except that a new rate 739 |
---|
901 | | - | that represents an increase in the rate applicable to the sale shall not 740 |
---|
902 | | - | apply to any sales transaction wherein a binding sales contract without 741 |
---|
903 | | - | an escalator clause has been entered into prior to the effective date of the 742 |
---|
904 | | - | new rate and delivery is made within ninety days after the effective date 743 |
---|
905 | | - | of the new rate. For the purposes of payment of the tax imposed under 744 |
---|
906 | | - | this section, any retailer of services taxable under subdivision (37) of 745 |
---|
907 | | - | subsection (a) of section 12-407, who computes taxable income, for 746 |
---|
908 | | - | purposes of taxation under the Internal Revenue Code of 1986, or any 747 |
---|
909 | | - | subsequent corresponding internal revenue code of the United States, 748 |
---|
910 | | - | as amended from time to time, on an accounting basis that recognizes 749 |
---|
911 | | - | only cash or other valuable consideration actually received as income 750 |
---|
912 | | - | and who is liable for such tax only due to the rendering of such services 751 |
---|
913 | | - | may make payments related to such tax for the period during which 752 |
---|
914 | | - | such income is received, without penalty or interest, without regard to 753 |
---|
915 | | - | when such service is rendered; 754 |
---|
916 | | - | [(K)] (L) (i) For calendar quarters ending on or after September 30, 755 |
---|
917 | | - | 2019, the commissioner shall deposit into the regional planning 756 |
---|
918 | | - | incentive account, established pursuant to section 4-66k, six and seven-757 |
---|
919 | | - | tenths per cent of the amounts received by the state from the tax 758 |
---|
920 | | - | imposed under subparagraph (B) of this subdivision and ten and seven-759 |
---|
921 | | - | tenths per cent of the amounts received by the state from the tax 760 |
---|
922 | | - | imposed under subparagraph (G) of this subdivision; 761 |
---|
923 | | - | (ii) For calendar quarters ending on or after September 30, 2018, the 762 |
---|
924 | | - | commissioner shall deposit into the Tourism Fund established under 763 |
---|
925 | | - | section 10-395b ten per cent of the amounts received by the state from 764 |
---|
926 | | - | the tax imposed under subparagraph (B) of this subdivision; 765 |
---|
927 | | - | [(L)] (M) For calendar months commencing on or after July 1, 2021, 766 |
---|
928 | | - | the commissioner shall deposit into the municipal revenue sharing 767 |
---|
929 | | - | account established pursuant to section 4-66l seven and nine-tenths per 768 |
---|
930 | | - | cent of the amounts received by the state from the tax imposed under 769 |
---|
931 | | - | subparagraph (A) of this subdivision; and 770 Substitute Bill No. 1104 |
---|
| 884 | + | LCO No. 6689 25 of 33 |
---|
| 885 | + | |
---|
| 886 | + | [(J)] (K) The rate of tax imposed by this chapter shall be applicable to 741 |
---|
| 887 | + | all retail sales upon the effective date of such rate, except that a new rate 742 |
---|
| 888 | + | that represents an increase in the rate applicable to the sale shall not 743 |
---|
| 889 | + | apply to any sales transaction wherein a binding sales contract without 744 |
---|
| 890 | + | an escalator clause has been entered into prior to the effective date of the 745 |
---|
| 891 | + | new rate and delivery is made within ninety days after the effective date 746 |
---|
| 892 | + | of the new rate. For the purposes of payment of the tax imposed under 747 |
---|
| 893 | + | this section, any retailer of services taxable under subdivision (37) of 748 |
---|
| 894 | + | subsection (a) of section 12-407, who computes taxable income, for 749 |
---|
| 895 | + | purposes of taxation under the Internal Revenue Code of 1986, or any 750 |
---|
| 896 | + | subsequent corresponding internal revenue code of the United States, 751 |
---|
| 897 | + | as amended from time to time, on an accounting basis that recognizes 752 |
---|
| 898 | + | only cash or other valuable consideration actually received as income 753 |
---|
| 899 | + | and who is liable for such tax only due to the rendering of such services 754 |
---|
| 900 | + | may make payments related to such tax for the period during which 755 |
---|
| 901 | + | such income is received, without penalty or interest, without regard to 756 |
---|
| 902 | + | when such service is rendered; 757 |
---|
| 903 | + | [(K)] (L) (i) For calendar quarters ending on or after September 30, 758 |
---|
| 904 | + | 2019, the commissioner shall deposit into the regional planning 759 |
---|
| 905 | + | incentive account, established pursuant to section 4-66k, six and seven-760 |
---|
| 906 | + | tenths per cent of the amounts received by the state from the tax 761 |
---|
| 907 | + | imposed under subparagraph (B) of this subdivision and ten and seven-762 |
---|
| 908 | + | tenths per cent of the amounts received by the state from the tax 763 |
---|
| 909 | + | imposed under subparagraph (G) of this subdivision; 764 |
---|
| 910 | + | (ii) For calendar quarters ending on or after September 30, 2018, the 765 |
---|
| 911 | + | commissioner shall deposit into the Tourism Fund established under 766 |
---|
| 912 | + | section 10-395b ten per cent of the amounts received by the state from 767 |
---|
| 913 | + | the tax imposed under subparagraph (B) of this subdivision; 768 |
---|
| 914 | + | [(L)] (M) For calendar months commencing on or after July 1, 2021, 769 |
---|
| 915 | + | the commissioner shall deposit into the municipal revenue sharing 770 |
---|
| 916 | + | account established pursuant to section 4-66l seven and nine-tenths per 771 |
---|
| 917 | + | cent of the amounts received by the state from the tax imposed under 772 |
---|
| 918 | + | subparagraph (A) of this subdivision; and 773 Raised Bill No. 1104 |
---|
938 | | - | [(M)] (N) (i) For calendar months commencing on or after July 1, 2017, 771 |
---|
939 | | - | the commissioner shall deposit into the Special Transportation Fund 772 |
---|
940 | | - | established under section 13b-68 seven and nine-tenths per cent of the 773 |
---|
941 | | - | amounts received by the state from the tax imposed under 774 |
---|
942 | | - | subparagraph (A) of this subdivision; 775 |
---|
943 | | - | (ii) For calendar months commencing on or after July 1, 2018, but 776 |
---|
944 | | - | prior to July 1, 2019, the commissioner shall deposit into the Special 777 |
---|
945 | | - | Transportation Fund established under section 13b-68 eight per cent of 778 |
---|
946 | | - | the amounts received by the state from the tax imposed under 779 |
---|
947 | | - | subparagraphs (A) and (H) of this subdivision on the sale of a motor 780 |
---|
948 | | - | vehicle; 781 |
---|
949 | | - | (iii) For calendar months commencing on or after July 1, 2019, but 782 |
---|
950 | | - | prior to July 1, 2020, the commissioner shall deposit into the Special 783 |
---|
951 | | - | Transportation Fund established under section 13b-68 seventeen per 784 |
---|
952 | | - | cent of the amounts received by the state from the tax imposed under 785 |
---|
953 | | - | subparagraphs (A) and (H) of this subdivision on the sale of a motor 786 |
---|
954 | | - | vehicle; 787 |
---|
955 | | - | (iv) For calendar months commencing on or after July 1, 2020, but 788 |
---|
956 | | - | prior to July 1, 2021, the commissioner shall deposit into the Special 789 |
---|
957 | | - | Transportation Fund established under section 13b-68 twenty-five per 790 |
---|
958 | | - | cent of the amounts received by the state from the tax imposed under 791 |
---|
959 | | - | subparagraphs (A) and (H) of this subdivision on the sale of a motor 792 |
---|
960 | | - | vehicle; 793 |
---|
961 | | - | (v) For calendar months commencing on or after July 1, 2021, but 794 |
---|
962 | | - | prior to July 1, 2022, the commissioner shall deposit into the Special 795 |
---|
963 | | - | Transportation Fund established under section 13b-68 seventy-five per 796 |
---|
964 | | - | cent of the amounts received by the state from the tax imposed under 797 |
---|
965 | | - | subparagraphs (A) and (H) of this subdivision on the sale of a motor 798 |
---|
966 | | - | vehicle; and 799 |
---|
967 | | - | (vi) For calendar months commencing on or after July 1, 2022, the 800 |
---|
968 | | - | commissioner shall deposit into the Special Transportation Fund 801 Substitute Bill No. 1104 |
---|
| 922 | + | LCO No. 6689 26 of 33 |
---|
| 923 | + | |
---|
| 924 | + | [(M)] (N) (i) For calendar months commencing on or after July 1, 2017, 774 |
---|
| 925 | + | the commissioner shall deposit into the Special Transportation Fund 775 |
---|
| 926 | + | established under section 13b-68 seven and nine-tenths per cent of the 776 |
---|
| 927 | + | amounts received by the state from the tax imposed under 777 |
---|
| 928 | + | subparagraph (A) of this subdivision; 778 |
---|
| 929 | + | (ii) For calendar months commencing on or after July 1, 2018, but 779 |
---|
| 930 | + | prior to July 1, 2019, the commissioner shall deposit into the Special 780 |
---|
| 931 | + | Transportation Fund established under section 13b-68 eight per cent of 781 |
---|
| 932 | + | the amounts received by the state from the tax imposed under 782 |
---|
| 933 | + | subparagraphs (A) and (H) of this subdivision on the sale of a motor 783 |
---|
| 934 | + | vehicle; 784 |
---|
| 935 | + | (iii) For calendar months commencing on or after July 1, 2019, but 785 |
---|
| 936 | + | prior to July 1, 2020, the commissioner shall deposit into the Special 786 |
---|
| 937 | + | Transportation Fund established under section 13b-68 seventeen per 787 |
---|
| 938 | + | cent of the amounts received by the state from the tax imposed under 788 |
---|
| 939 | + | subparagraphs (A) and (H) of this subdivision on the sale of a motor 789 |
---|
| 940 | + | vehicle; 790 |
---|
| 941 | + | (iv) For calendar months commencing on or after July 1, 2020, but 791 |
---|
| 942 | + | prior to July 1, 2021, the commissioner shall deposit into the Special 792 |
---|
| 943 | + | Transportation Fund established under section 13b-68 twenty-five per 793 |
---|
| 944 | + | cent of the amounts received by the state from the tax imposed under 794 |
---|
| 945 | + | subparagraphs (A) and (H) of this subdivision on the sale of a motor 795 |
---|
| 946 | + | vehicle; 796 |
---|
| 947 | + | (v) For calendar months commencing on or after July 1, 2021, but 797 |
---|
| 948 | + | prior to July 1, 2022, the commissioner shall deposit into the Special 798 |
---|
| 949 | + | Transportation Fund established under section 13b-68 seventy-five per 799 |
---|
| 950 | + | cent of the amounts received by the state from the tax imposed under 800 |
---|
| 951 | + | subparagraphs (A) and (H) of this subdivision on the sale of a motor 801 |
---|
| 952 | + | vehicle; and 802 |
---|
| 953 | + | (vi) For calendar months commencing on or after July 1, 2022, the 803 |
---|
| 954 | + | commissioner shall deposit into the Special Transportation Fund 804 |
---|
| 955 | + | established under section 13b-68 one hundred per cent of the amounts 805 Raised Bill No. 1104 |
---|
975 | | - | established under section 13b-68 one hundred per cent of the amounts 802 |
---|
976 | | - | received by the state from the tax imposed under subparagraphs (A) 803 |
---|
977 | | - | and (H) of this subdivision on the sale of a motor vehicle; and 804 |
---|
978 | | - | (O) For calendar quarters ending on or after the initial remittance of 805 |
---|
979 | | - | the tax on the sale of cannabis and cannabis products, each as defined 806 |
---|
980 | | - | in section 6 of this act, the commissioner shall deposit into the 807 |
---|
981 | | - | Community Development Corporation Trust Fund established under 808 |
---|
982 | | - | section 4 of this act one hundred per cent of the amounts received and 809 |
---|
983 | | - | retained by the state from the tax imposed under subparagraph (J) of 810 |
---|
984 | | - | this subdivision. 811 |
---|
985 | | - | Sec. 8. Section 12-408 of the general statutes is amended by adding 812 |
---|
986 | | - | subdivision (8) as follows (Effective from passage): 813 |
---|
987 | | - | (NEW) (8) No tax credit or credits shall be allowable against the tax 814 |
---|
988 | | - | imposed under subparagraph (J) of subdivision (1) of this section. 815 |
---|
989 | | - | Sec. 9. Section 36a-455a of the general statutes is repealed and the 816 |
---|
990 | | - | following is substituted in lieu thereof (Effective from passage): 817 |
---|
991 | | - | A Connecticut credit union may: 818 |
---|
992 | | - | (1) Transact a general credit union business and exercise by its 819 |
---|
993 | | - | governing board or duly authorized members of senior management, 820 |
---|
994 | | - | subject to applicable law, all such incidental powers as are consistent 821 |
---|
995 | | - | with its purposes. The express powers authorized for a Connecticut 822 |
---|
996 | | - | credit union under this section do not preclude the existence of 823 |
---|
997 | | - | additional powers deemed to be incidental to the transaction of a 824 |
---|
998 | | - | general credit union business pursuant to this subdivision; 825 |
---|
999 | | - | (2) (A) Issue shares to its members and receive payments on shares 826 |
---|
1000 | | - | from its members and from those nonmembers specified in subsection 827 |
---|
1001 | | - | (e) of section 36a-456a, subject to the provisions of sections 36a-290 to 828 |
---|
1002 | | - | 36a-297, inclusive, 36a-330 to 36a-338, inclusive, and 36a-456a, (B) 829 |
---|
1003 | | - | receive deposits of members and nonmembers subject to provisions of 830 |
---|
1004 | | - | sections 36a-456a and 36a-456b, (C) reduce the amount of its member 831 Substitute Bill No. 1104 |
---|
| 959 | + | LCO No. 6689 27 of 33 |
---|
| 960 | + | |
---|
| 961 | + | received by the state from the tax imposed under subparagraphs (A) 806 |
---|
| 962 | + | and (H) of this subdivision on the sale of a motor vehicle; and 807 |
---|
| 963 | + | (O) For calendar quarters ending on or after the initial deposit of the 808 |
---|
| 964 | + | tax on the sale of cannabis and cannabis products, each as defined in 809 |
---|
| 965 | + | section 6 of this act, the commissioner shall deposit into the Community 810 |
---|
| 966 | + | Development Corporation Trust Fund established under section 4 of 811 |
---|
| 967 | + | this act one hundred per cent of the amounts received and retained by 812 |
---|
| 968 | + | the state from the tax imposed under subparagraph (J) of this 813 |
---|
| 969 | + | subdivision. 814 |
---|
| 970 | + | Sec. 8. Section 12-408 of the general statutes is amended by adding 815 |
---|
| 971 | + | subdivision (8) as follows (Effective from passage): 816 |
---|
| 972 | + | (NEW) (8) No tax credit or credits shall be allowable against the tax 817 |
---|
| 973 | + | imposed under subparagraph (J) of subdivision (1) of this section. 818 |
---|
| 974 | + | Sec. 9. Section 36a-455a of the general statutes is repealed and the 819 |
---|
| 975 | + | following is substituted in lieu thereof (Effective from passage): 820 |
---|
| 976 | + | A Connecticut credit union may: 821 |
---|
| 977 | + | (1) Transact a general credit union business and exercise by its 822 |
---|
| 978 | + | governing board or duly authorized members of senior management, 823 |
---|
| 979 | + | subject to applicable law, all such incidental powers as are consistent 824 |
---|
| 980 | + | with its purposes. The express powers authorized for a Connecticut 825 |
---|
| 981 | + | credit union under this section do not preclude the existence of 826 |
---|
| 982 | + | additional powers deemed to be incidental to the transaction of a 827 |
---|
| 983 | + | general credit union business pursuant to this subdivision; 828 |
---|
| 984 | + | (2) (A) Issue shares to its members and receive payments on shares 829 |
---|
| 985 | + | from its members and from those nonmembers specified in subsection 830 |
---|
| 986 | + | (e) of section 36a-456a, subject to the provisions of sections 36a-290 to 831 |
---|
| 987 | + | 36a-297, inclusive, 36a-330 to 36a-338, inclusive, and 36a-456a, (B) 832 |
---|
| 988 | + | receive deposits of members and nonmembers subject to provisions of 833 |
---|
| 989 | + | sections 36a-456a and 36a-456b, (C) reduce the amount of its member 834 |
---|
| 990 | + | and nonmember shares and deposits, (D) expel members and cancel 835 Raised Bill No. 1104 |
---|
1011 | | - | and nonmember shares and deposits, (D) expel members and cancel 832 |
---|
1012 | | - | shares in accordance with section 36a-439a, and (E) provide check 833 |
---|
1013 | | - | cashing and wire and electronic transfer services to nonmembers who 834 |
---|
1014 | | - | are within such credit union's field of membership; 835 |
---|
1015 | | - | (3) Make and use its best efforts to make secured and unsecured loans 836 |
---|
1016 | | - | and other extensions of credit to its members in accordance with section 837 |
---|
1017 | | - | 36a-265 and sections 36a-457a, 36a-457b and 36a-458a; 838 |
---|
1018 | | - | (4) Invest its funds in accordance with section 36a-459a; 839 |
---|
1019 | | - | (5) Declare and pay dividends in accordance with sections 36a-441a 840 |
---|
1020 | | - | and 36a-456c, and pay interest refunds to borrowers; 841 |
---|
1021 | | - | (6) Act as a finder or agent for the sale of insurance and fixed and 842 |
---|
1022 | | - | variable rate annuities directly, sell insurance and such annuities 843 |
---|
1023 | | - | indirectly through a Connecticut credit union service organization, or 844 |
---|
1024 | | - | enter into arrangements with third-party marketing organizations for 845 |
---|
1025 | | - | the sale by such third-party marketing organizations of insurance or 846 |
---|
1026 | | - | such annuities on the premises of the Connecticut credit union or to 847 |
---|
1027 | | - | members of the Connecticut credit union, provided: (A) Such insurance 848 |
---|
1028 | | - | and annuities are issued or purchased by or from an insurance company 849 |
---|
1029 | | - | licensed in accordance with section 38a-41; and (B) the Connecticut 850 |
---|
1030 | | - | credit union, Connecticut credit union service organization or third-851 |
---|
1031 | | - | party marketing organization, and any officer and employee thereof, 852 |
---|
1032 | | - | shall be licensed as required by section 38a-769 before engaging in any 853 |
---|
1033 | | - | of the activities authorized by this subdivision. As used in this 854 |
---|
1034 | | - | subdivision, "annuities" and "insurance" have the same meanings as set 855 |
---|
1035 | | - | forth in section 38a-41, except that "insurance" does not include title 856 |
---|
1036 | | - | insurance. The provisions of this subdivision do not authorize a 857 |
---|
1037 | | - | Connecticut credit union or Connecticut credit union service 858 |
---|
1038 | | - | organization to underwrite insurance or annuities; 859 |
---|
1039 | | - | (7) Borrow money to an amount not exceeding fifty per cent of the 860 |
---|
1040 | | - | total assets of the Connecticut credit union provided the credit union 861 |
---|
1041 | | - | shall give prior notice to the commissioner in writing of its intention to 862 Substitute Bill No. 1104 |
---|
| 994 | + | LCO No. 6689 28 of 33 |
---|
| 995 | + | |
---|
| 996 | + | shares in accordance with section 36a-439a, and (E) provide check 836 |
---|
| 997 | + | cashing and wire and electronic transfer services to nonmembers who 837 |
---|
| 998 | + | are within such credit union's field of membership; 838 |
---|
| 999 | + | (3) Make and use its best efforts to make secured and unsecured loans 839 |
---|
| 1000 | + | and other extensions of credit to its members in accordance with section 840 |
---|
| 1001 | + | 36a-265 and sections 36a-457a, 36a-457b and 36a-458a; 841 |
---|
| 1002 | + | (4) Invest its funds in accordance with section 36a-459a; 842 |
---|
| 1003 | + | (5) Declare and pay dividends in accordance with sections 36a-441a 843 |
---|
| 1004 | + | and 36a-456c, and pay interest refunds to borrowers; 844 |
---|
| 1005 | + | (6) Act as a finder or agent for the sale of insurance and fixed and 845 |
---|
| 1006 | + | variable rate annuities directly, sell insurance and such annuities 846 |
---|
| 1007 | + | indirectly through a Connecticut credit union service organization, or 847 |
---|
| 1008 | + | enter into arrangements with third-party marketing organizations for 848 |
---|
| 1009 | + | the sale by such third-party marketing organizations of insurance or 849 |
---|
| 1010 | + | such annuities on the premises of the Connecticut credit union or to 850 |
---|
| 1011 | + | members of the Connecticut credit union, provided: (A) Such insurance 851 |
---|
| 1012 | + | and annuities are issued or purchased by or from an insurance company 852 |
---|
| 1013 | + | licensed in accordance with section 38a-41; and (B) the Connecticut 853 |
---|
| 1014 | + | credit union, Connecticut credit union service organization or third-854 |
---|
| 1015 | + | party marketing organization, and any officer and employee thereof, 855 |
---|
| 1016 | + | shall be licensed as required by section 38a-769 before engaging in any 856 |
---|
| 1017 | + | of the activities authorized by this subdivision. As used in this 857 |
---|
| 1018 | + | subdivision, "annuities" and "insurance" have the same meanings as set 858 |
---|
| 1019 | + | forth in section 38a-41, except that "insurance" does not include title 859 |
---|
| 1020 | + | insurance. The provisions of this subdivision do not authorize a 860 |
---|
| 1021 | + | Connecticut credit union or Connecticut credit union service 861 |
---|
| 1022 | + | organization to underwrite insurance or annuities; 862 |
---|
| 1023 | + | (7) Borrow money to an amount not exceeding fifty per cent of the 863 |
---|
| 1024 | + | total assets of the Connecticut credit union provided the credit union 864 |
---|
| 1025 | + | shall give prior notice to the commissioner in writing of its intention to 865 |
---|
| 1026 | + | borrow amounts in excess of thirty-five per cent of its total assets; 866 Raised Bill No. 1104 |
---|
1048 | | - | borrow amounts in excess of thirty-five per cent of its total assets; 863 |
---|
1049 | | - | (8) Act as fiscal agent for the federal government, this state or any 864 |
---|
1050 | | - | agency or political subdivision thereof; 865 |
---|
1051 | | - | (9) Provide loan processing, loan servicing, member check and 866 |
---|
1052 | | - | money order cashing services, disbursement of share withdrawals and 867 |
---|
1053 | | - | loan proceeds, money orders, internal audits, automated teller machine 868 |
---|
1054 | | - | services, ACH and wire transfer services, prepaid debit cards, payroll 869 |
---|
1055 | | - | cards, digital wallet services, coin and currency services, remote deposit 870 |
---|
1056 | | - | capture services, electronic banking and other similar services to other 871 |
---|
1057 | | - | Connecticut credit unions, federal credit unions, federally insured 872 |
---|
1058 | | - | financial institutions and out-of-state credit unions; 873 |
---|
1059 | | - | (10) Provide finder services to its members, including the offering of 874 |
---|
1060 | | - | third party products and services through the sale of advertising space 875 |
---|
1061 | | - | on its web site, account statements and receipts, and the sale of statistical 876 |
---|
1062 | | - | or consumer financial information to outside vendors in accordance 877 |
---|
1063 | | - | with sections 36a-40 to 36a-45, inclusive, in order to facilitate the sale of 878 |
---|
1064 | | - | such products to the members of such Connecticut credit union; 879 |
---|
1065 | | - | (11) With the prior approval of the commissioner, exercise fiduciary 880 |
---|
1066 | | - | powers; 881 |
---|
1067 | | - | (12) Maintain and rent safe deposit boxes within suitably constructed 882 |
---|
1068 | | - | vaults, provided the Connecticut credit union has adequate insurance 883 |
---|
1069 | | - | coverage for losses related to such rental; 884 |
---|
1070 | | - | (13) Provide certification services, including notary services, 885 |
---|
1071 | | - | signature guaranties, certification of electronic signatures and share 886 |
---|
1072 | | - | draft certifications; 887 |
---|
1073 | | - | (14) Act as agent (A) in the collection of taxes for any qualified 888 |
---|
1074 | | - | treasurer of any taxing district or qualified collector of taxes, or (B) for 889 |
---|
1075 | | - | any electric distribution, gas, water or telephone company operating 890 |
---|
1076 | | - | within this state in receiving moneys due such company for utility 891 |
---|
1077 | | - | services furnished by it; 892 Substitute Bill No. 1104 |
---|
| 1030 | + | LCO No. 6689 29 of 33 |
---|
| 1031 | + | |
---|
| 1032 | + | (8) Act as fiscal agent for the federal government, this state or any 867 |
---|
| 1033 | + | agency or political subdivision thereof; 868 |
---|
| 1034 | + | (9) Provide loan processing, loan servicing, member check and 869 |
---|
| 1035 | + | money order cashing services, disbursement of share withdrawals and 870 |
---|
| 1036 | + | loan proceeds, money orders, internal audits, automated teller machine 871 |
---|
| 1037 | + | services, ACH and wire transfer services, prepaid debit cards, payroll 872 |
---|
| 1038 | + | cards, digital wallet services, coin and currency services, remote deposit 873 |
---|
| 1039 | + | capture services, electronic banking and other similar services to other 874 |
---|
| 1040 | + | Connecticut credit unions, federal credit unions, federally insured 875 |
---|
| 1041 | + | financial institutions and out-of-state credit unions; 876 |
---|
| 1042 | + | (10) Provide finder services to its members, including the offering of 877 |
---|
| 1043 | + | third party products and services through the sale of advertising space 878 |
---|
| 1044 | + | on its web site, account statements and receipts, and the sale of statistical 879 |
---|
| 1045 | + | or consumer financial information to outside vendors in accordance 880 |
---|
| 1046 | + | with sections 36a-40 to 36a-45, inclusive, in order to facilitate the sale of 881 |
---|
| 1047 | + | such products to the members of such Connecticut credit union; 882 |
---|
| 1048 | + | (11) With the prior approval of the commissioner, exercise fiduciary 883 |
---|
| 1049 | + | powers; 884 |
---|
| 1050 | + | (12) Maintain and rent safe deposit boxes within suitably constructed 885 |
---|
| 1051 | + | vaults, provided the Connecticut credit union has adequate insurance 886 |
---|
| 1052 | + | coverage for losses related to such rental; 887 |
---|
| 1053 | + | (13) Provide certification services, including notary services, 888 |
---|
| 1054 | + | signature guaranties, certification of electronic signatures and share 889 |
---|
| 1055 | + | draft certifications; 890 |
---|
| 1056 | + | (14) Act as agent (A) in the collection of taxes for any qualified 891 |
---|
| 1057 | + | treasurer of any taxing district or qualified collector of taxes, or (B) for 892 |
---|
| 1058 | + | any electric distribution, gas, water or telephone company operating 893 |
---|
| 1059 | + | within this state in receiving moneys due such company for utility 894 |
---|
| 1060 | + | services furnished by it; 895 |
---|
| 1061 | + | (15) Issue and sell securities which (A) are guaranteed by the Federal 896 Raised Bill No. 1104 |
---|
1084 | | - | (15) Issue and sell securities which (A) are guaranteed by the Federal 893 |
---|
1085 | | - | National Mortgage Association or any other agency or instrumentality 894 |
---|
1086 | | - | authorized by state or federal law to create a secondary market with 895 |
---|
1087 | | - | respect to extensions of credit of the type originated by the Connecticut 896 |
---|
1088 | | - | credit union, or (B) subject to the approval of the commissioner, relate 897 |
---|
1089 | | - | to extensions of credit originated by the Connecticut credit union and 898 |
---|
1090 | | - | are guaranteed or insured by a financial guaranty insurance company 899 |
---|
1091 | | - | or comparable private entity; 900 |
---|
1092 | | - | (16) Establish a charitable fund, either in the form of a charitable trust 901 |
---|
1093 | | - | or a nonprofit corporation to assist in making charitable contributions, 902 |
---|
1094 | | - | provided (A) the trust or nonprofit corporation is exempt from federal 903 |
---|
1095 | | - | income taxation and may accept charitable contributions under Section 904 |
---|
1096 | | - | 501 of the Internal Revenue Code of 1986, or any subsequent 905 |
---|
1097 | | - | corresponding internal revenue code of the United States, as from time 906 |
---|
1098 | | - | to time amended, (B) the trust or nonprofit corporation's operations are 907 |
---|
1099 | | - | disclosed fully to the commissioner upon request, and (C) the trust 908 |
---|
1100 | | - | department of the credit union or one or more directors or members of 909 |
---|
1101 | | - | senior management of the credit union act as trustees or directors of the 910 |
---|
1102 | | - | fund; 911 |
---|
1103 | | - | (17) In the discretion of a majority of its governing board, make 912 |
---|
1104 | | - | contributions or gifts to or for the use of any corporation, trust or 913 |
---|
1105 | | - | community chest, fund or foundation created or organized under the 914 |
---|
1106 | | - | laws of the United States or of this state and organized and operated 915 |
---|
1107 | | - | exclusively for charitable, educational or public welfare purposes, or of 916 |
---|
1108 | | - | any hospital which is located in this state and which is exempt from 917 |
---|
1109 | | - | federal income taxes and to which contributions are deductible under 918 |
---|
1110 | | - | Section 501(c) of the Internal Revenue Code of 1986, or any subsequent 919 |
---|
1111 | | - | corresponding internal revenue code of the United States, as from time 920 |
---|
1112 | | - | to time amended; 921 |
---|
1113 | | - | (18) Subject to the provisions of section 36a-455b, sell, pledge or 922 |
---|
1114 | | - | assign any or all of its outstanding extensions of credit to any other 923 |
---|
1115 | | - | lending institution, credit union service organization or quasi-924 |
---|
1116 | | - | governmental entity and any government-sponsored enterprise, and act 925 Substitute Bill No. 1104 |
---|
| 1065 | + | LCO No. 6689 30 of 33 |
---|
| 1066 | + | |
---|
| 1067 | + | National Mortgage Association or any other agency or instrumentality 897 |
---|
| 1068 | + | authorized by state or federal law to create a secondary market with 898 |
---|
| 1069 | + | respect to extensions of credit of the type originated by the Connecticut 899 |
---|
| 1070 | + | credit union, or (B) subject to the approval of the commissioner, relate 900 |
---|
| 1071 | + | to extensions of credit originated by the Connecticut credit union and 901 |
---|
| 1072 | + | are guaranteed or insured by a financial guaranty insurance company 902 |
---|
| 1073 | + | or comparable private entity; 903 |
---|
| 1074 | + | (16) Establish a charitable fund, either in the form of a charitable trust 904 |
---|
| 1075 | + | or a nonprofit corporation to assist in making charitable contributions, 905 |
---|
| 1076 | + | provided (A) the trust or nonprofit corporation is exempt from federal 906 |
---|
| 1077 | + | income taxation and may accept charitable contributions under Section 907 |
---|
| 1078 | + | 501 of the Internal Revenue Code of 1986, or any subsequent 908 |
---|
| 1079 | + | corresponding internal revenue code of the United States, as from time 909 |
---|
| 1080 | + | to time amended, (B) the trust or nonprofit corporation's operations are 910 |
---|
| 1081 | + | disclosed fully to the commissioner upon request, and (C) the trust 911 |
---|
| 1082 | + | department of the credit union or one or more directors or members of 912 |
---|
| 1083 | + | senior management of the credit union act as trustees or directors of the 913 |
---|
| 1084 | + | fund; 914 |
---|
| 1085 | + | (17) In the discretion of a majority of its governing board, make 915 |
---|
| 1086 | + | contributions or gifts to or for the use of any corporation, trust or 916 |
---|
| 1087 | + | community chest, fund or foundation created or organized under the 917 |
---|
| 1088 | + | laws of the United States or of this state and organized and operated 918 |
---|
| 1089 | + | exclusively for charitable, educational or public welfare purposes, or of 919 |
---|
| 1090 | + | any hospital which is located in this state and which is exempt from 920 |
---|
| 1091 | + | federal income taxes and to which contributions are deductible under 921 |
---|
| 1092 | + | Section 501(c) of the Internal Revenue Code of 1986, or any subsequent 922 |
---|
| 1093 | + | corresponding internal revenue code of the United States, as from time 923 |
---|
| 1094 | + | to time amended; 924 |
---|
| 1095 | + | (18) Subject to the provisions of section 36a-455b, sell, pledge or 925 |
---|
| 1096 | + | assign any or all of its outstanding extensions of credit to any other 926 |
---|
| 1097 | + | lending institution, credit union service organization or quasi-927 |
---|
| 1098 | + | governmental entity and any government-sponsored enterprise, and act 928 |
---|
| 1099 | + | as collecting, remitting and servicing agent in connection with any such 929 Raised Bill No. 1104 |
---|
1123 | | - | as collecting, remitting and servicing agent in connection with any such 926 |
---|
1124 | | - | extension of credit and charge for its acts as agent. Any such credit union 927 |
---|
1125 | | - | may purchase the minimum amount of capital stock of such entity or 928 |
---|
1126 | | - | enterprise if required by that entity or enterprise to be purchased in 929 |
---|
1127 | | - | connection with the sale, pledge or assignment of extensions of credit to 930 |
---|
1128 | | - | that entity or enterprise and may hold and dispose of such stock, 931 |
---|
1129 | | - | provided that with respect to purchases of stock of a credit union service 932 |
---|
1130 | | - | organization, the Connecticut credit union shall not exceed the 933 |
---|
1131 | | - | limitations of section 36a-459a. A Connecticut credit union may 934 |
---|
1132 | | - | purchase one or more outstanding extensions of credit from any other 935 |
---|
1133 | | - | lending institution and any federally-recognized Native American tribe, 936 |
---|
1134 | | - | provided there exists a formal written agreement with tribal 937 |
---|
1135 | | - | government to permit the credit union to service and collect on such 938 |
---|
1136 | | - | extensions of credit; 939 |
---|
1137 | | - | (19) Subject to the provisions of section 36a-455b, sell a participating 940 |
---|
1138 | | - | interest in any or all of its outstanding extensions of credit to and 941 |
---|
1139 | | - | purchase a participating interest in any or all of the outstanding 942 |
---|
1140 | | - | extensions of credit of any financial institution or credit union service 943 |
---|
1141 | | - | organization pursuant to an appropriate written participation and 944 |
---|
1142 | | - | servicing agreement to be signed by all parties involved in such 945 |
---|
1143 | | - | transaction; 946 |
---|
1144 | | - | (20) With the approval of the commissioner, join the Federal Home 947 |
---|
1145 | | - | Loan Bank System and borrow funds as provided under federal law; 948 |
---|
1146 | | - | (21) Subject to the provisions of section 36a-455b, sell all or part of its 949 |
---|
1147 | | - | assets, other than extensions of credit, to other lending institutions, 950 |
---|
1148 | | - | purchase all or part of the assets, other than extensions of credit, of other 951 |
---|
1149 | | - | lending institutions, and assume all or part of the shares and the 952 |
---|
1150 | | - | liabilities of any other credit union or out-of-state credit union; 953 |
---|
1151 | | - | (22) With the prior written approval of the commissioner, engage in 954 |
---|
1152 | | - | closely related activities, unless the commissioner determines that any 955 |
---|
1153 | | - | such activity shall be conducted by a credit union service organization 956 |
---|
1154 | | - | of the Connecticut credit union, utilizing such organizational, structural 957 Substitute Bill No. 1104 |
---|
| 1103 | + | LCO No. 6689 31 of 33 |
---|
| 1104 | + | |
---|
| 1105 | + | extension of credit and charge for its acts as agent. Any such credit union 930 |
---|
| 1106 | + | may purchase the minimum amount of capital stock of such entity or 931 |
---|
| 1107 | + | enterprise if required by that entity or enterprise to be purchased in 932 |
---|
| 1108 | + | connection with the sale, pledge or assignment of extensions of credit to 933 |
---|
| 1109 | + | that entity or enterprise and may hold and dispose of such stock, 934 |
---|
| 1110 | + | provided that with respect to purchases of stock of a credit union service 935 |
---|
| 1111 | + | organization, the Connecticut credit union shall not exceed the 936 |
---|
| 1112 | + | limitations of section 36a-459a. A Connecticut credit union may 937 |
---|
| 1113 | + | purchase one or more outstanding extensions of credit from any other 938 |
---|
| 1114 | + | lending institution and any federally-recognized Native American tribe, 939 |
---|
| 1115 | + | provided there exists a formal written agreement with tribal 940 |
---|
| 1116 | + | government to permit the credit union to service and collect on such 941 |
---|
| 1117 | + | extensions of credit; 942 |
---|
| 1118 | + | (19) Subject to the provisions of section 36a-455b, sell a participating 943 |
---|
| 1119 | + | interest in any or all of its outstanding extensions of credit to and 944 |
---|
| 1120 | + | purchase a participating interest in any or all of the outstanding 945 |
---|
| 1121 | + | extensions of credit of any financial institution or credit union service 946 |
---|
| 1122 | + | organization pursuant to an appropriate written participation and 947 |
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| 1123 | + | servicing agreement to be signed by all parties involved in such 948 |
---|
| 1124 | + | transaction; 949 |
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| 1125 | + | (20) With the approval of the commissioner, join the Federal Home 950 |
---|
| 1126 | + | Loan Bank System and borrow funds as provided under federal law; 951 |
---|
| 1127 | + | (21) Subject to the provisions of section 36a-455b, sell all or part of its 952 |
---|
| 1128 | + | assets, other than extensions of credit, to other lending institutions, 953 |
---|
| 1129 | + | purchase all or part of the assets, other than extensions of credit, of other 954 |
---|
| 1130 | + | lending institutions, and assume all or part of the shares and the 955 |
---|
| 1131 | + | liabilities of any other credit union or out-of-state credit union; 956 |
---|
| 1132 | + | (22) With the prior written approval of the commissioner, engage in 957 |
---|
| 1133 | + | closely related activities, unless the commissioner determines that any 958 |
---|
| 1134 | + | such activity shall be conducted by a credit union service organization 959 |
---|
| 1135 | + | of the Connecticut credit union, utilizing such organizational, structural 960 |
---|
| 1136 | + | or other safeguards as the commissioner may require, in order to protect 961 Raised Bill No. 1104 |
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1161 | | - | or other safeguards as the commissioner may require, in order to protect 958 |
---|
1162 | | - | the Connecticut credit union from exposure to loss. As used in this 959 |
---|
1163 | | - | subdivision, "closely related activities" means those activities that are 960 |
---|
1164 | | - | closely related, convenient and necessary to the business of a 961 |
---|
1165 | | - | Connecticut credit union, are reasonably related to the operation of a 962 |
---|
1166 | | - | Connecticut credit union or are financial in nature including, but not 963 |
---|
1167 | | - | limited to, business and professional services, data processing, courier 964 |
---|
1168 | | - | and messenger services, credit-related activities, consumer services, 965 |
---|
1169 | | - | services related to real estate, financial consulting, tax planning and 966 |
---|
1170 | | - | preparation, community development activities, or any activities 967 |
---|
1171 | | - | reasonably related to such activities; 968 |
---|
1172 | | - | (23) Engage in any activity that a federal credit union or out-of-state 969 |
---|
1173 | | - | credit union may be authorized to engage in under state or federal law, 970 |
---|
1174 | | - | provided the Connecticut credit union file with the commissioner prior 971 |
---|
1175 | | - | written notice of its intention to engage in such activity. Such notice shall 972 |
---|
1176 | | - | include a description of the activity, a description of the financial impact 973 |
---|
1177 | | - | of the activity on the Connecticut credit union, citation of the legal 974 |
---|
1178 | | - | authority to engage in the activity under state or federal law, a 975 |
---|
1179 | | - | description of any limitations or restrictions imposed on such activity 976 |
---|
1180 | | - | under state or federal law, and any other information that the 977 |
---|
1181 | | - | commissioner may require. The Connecticut credit union may engage 978 |
---|
1182 | | - | in any such activity unless the commissioner disapproves such activity 979 |
---|
1183 | | - | not later than thirty days after the notice is filed. The commissioner may 980 |
---|
1184 | | - | adopt regulations in accordance with chapter 54 to ensure that any such 981 |
---|
1185 | | - | activity is conducted in a safe and sound manner with adequate 982 |
---|
1186 | | - | consumer protections. The provisions of this subdivision do not 983 |
---|
1187 | | - | authorize a Connecticut credit union or a Connecticut credit union 984 |
---|
1188 | | - | service organization to sell title insurance; 985 |
---|
1189 | | - | (24) (A) Partner with a community development corporation, as 986 |
---|
1190 | | - | described in section 1 of this act, and be designated as a community 987 |
---|
1191 | | - | development credit union in accordance with the provisions of section 988 |
---|
1192 | | - | 2 of this act, (B) if so designated, engage in any activity authorized for a 989 |
---|
1193 | | - | community development credit union under sections 1 and 2 of this act, 990 Substitute Bill No. 1104 |
---|
| 1140 | + | LCO No. 6689 32 of 33 |
---|
| 1141 | + | |
---|
| 1142 | + | the Connecticut credit union from exposure to loss. As used in this 962 |
---|
| 1143 | + | subdivision, "closely related activities" means those activities that are 963 |
---|
| 1144 | + | closely related, convenient and necessary to the business of a 964 |
---|
| 1145 | + | Connecticut credit union, are reasonably related to the operation of a 965 |
---|
| 1146 | + | Connecticut credit union or are financial in nature including, but not 966 |
---|
| 1147 | + | limited to, business and professional services, data processing, courier 967 |
---|
| 1148 | + | and messenger services, credit-related activities, consumer services, 968 |
---|
| 1149 | + | services related to real estate, financial consulting, tax planning and 969 |
---|
| 1150 | + | preparation, community development activities, or any activities 970 |
---|
| 1151 | + | reasonably related to such activities; 971 |
---|
| 1152 | + | (23) Engage in any activity that a federal credit union or out-of-state 972 |
---|
| 1153 | + | credit union may be authorized to engage in under state or federal law, 973 |
---|
| 1154 | + | provided the Connecticut credit union file with the commissioner prior 974 |
---|
| 1155 | + | written notice of its intention to engage in such activity. Such notice shall 975 |
---|
| 1156 | + | include a description of the activity, a description of the financial impact 976 |
---|
| 1157 | + | of the activity on the Connecticut credit union, citation of the legal 977 |
---|
| 1158 | + | authority to engage in the activity under state or federal law, a 978 |
---|
| 1159 | + | description of any limitations or restrictions imposed on such activity 979 |
---|
| 1160 | + | under state or federal law, and any other information that the 980 |
---|
| 1161 | + | commissioner may require. The Connecticut credit union may engage 981 |
---|
| 1162 | + | in any such activity unless the commissioner disapproves such activity 982 |
---|
| 1163 | + | not later than thirty days after the notice is filed. The commissioner may 983 |
---|
| 1164 | + | adopt regulations in accordance with chapter 54 to ensure that any such 984 |
---|
| 1165 | + | activity is conducted in a safe and sound manner with adequate 985 |
---|
| 1166 | + | consumer protections. The provisions of this subdivision do not 986 |
---|
| 1167 | + | authorize a Connecticut credit union or a Connecticut credit union 987 |
---|
| 1168 | + | service organization to sell title insurance; 988 |
---|
| 1169 | + | (24) (A) Partner with a community development corporation, as 989 |
---|
| 1170 | + | described in section 1 of this act, and be designated as a community 990 |
---|
| 1171 | + | development credit union in accordance with the provisions of section 991 |
---|
| 1172 | + | 2 of this act, (B) if so designated, engage in any activity authorized for a 992 |
---|
| 1173 | + | community development credit union under sections 1 and 2 of this act, 993 |
---|
| 1174 | + | and (C) issue social impact bonds in accordance with subdivision (5) of 994 |
---|
| 1175 | + | subsection (c) of section 2 of this act. 995 Raised Bill No. 1104 |
---|
1215 | | - | Statement of Legislative Commissioners: |
---|
1216 | | - | In Section 1(a), the first sentence was rewritten for accuracy; Section |
---|
1217 | | - | 1(b)(1) was rewritten for clarity; in Sections 2(c)(5) and 3(j), references to |
---|
1218 | | - | "federal qualified opportunity zones" were changed to "federally |
---|
1219 | | - | designated opportunity zones" and "federal opportunity zones", |
---|
1220 | | - | respectively, for statutory consistency; in Section 5, the first sentence |
---|
1221 | | - | was rewritten for accuracy; in Sections 6 and 7, references to "Cannabis |
---|
1222 | | - | Control Commission" were changed to "Department of Consumer |
---|
1223 | | - | Protection" for accuracy; and in Section 7, "initial deposit" was changed |
---|
1224 | | - | to "initial remittance" for accuracy. |
---|
1225 | | - | |
---|
1226 | | - | FIN Joint Favorable Subst. -LCO |
---|
| 1194 | + | Statement of Purpose: |
---|
| 1195 | + | To implement certain community restoration and revitalization efforts |
---|
| 1196 | + | through the establishment of community development corporations, |
---|
| 1197 | + | community development credit unions and community impact zones, |
---|
| 1198 | + | using tax revenue from the sale of cannabis and cannabis products and |
---|
| 1199 | + | deposits in lieu of taxes payments. |
---|
| 1200 | + | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
---|
| 1201 | + | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
---|
| 1202 | + | underlined.] |
---|