4 | 4 | | SB.docx |
---|
5 | 5 | | 1 of 21 |
---|
6 | 6 | | |
---|
7 | 7 | | General Assembly Raised Bill No. 1227 |
---|
8 | 8 | | January Session, 2023 |
---|
9 | 9 | | LCO No. 5539 |
---|
10 | 10 | | |
---|
11 | 11 | | |
---|
12 | 12 | | Referred to Committee on GOVERNMENT |
---|
13 | 13 | | ADMINISTRATION AND ELECTIONS |
---|
14 | 14 | | |
---|
15 | 15 | | |
---|
16 | 16 | | Introduced by: |
---|
17 | 17 | | (GAE) |
---|
18 | 18 | | |
---|
19 | 19 | | |
---|
20 | 20 | | |
---|
21 | 21 | | AN ACT CONCERNING THE BONDING AUTHORITY OF THE |
---|
22 | 22 | | CONNECTICUT MUNICIPAL REDEVELOPMENT AUTHORITY, THE |
---|
23 | 23 | | REPORTING OF MATERIAL FINANCIAL OBLIGATIONS BY STATE |
---|
24 | 24 | | AGENCIES, TAX-EXEMPT PROCEEDS FUND REFERENCES, AND |
---|
25 | 25 | | THE NOTIFICATION OF THE SALE OR LEASE OF PROJECTS |
---|
26 | 26 | | FINANCED WITH BOND PROCEEDS. |
---|
27 | 27 | | Be it enacted by the Senate and House of Representatives in General |
---|
28 | 28 | | Assembly convened: |
---|
29 | 29 | | |
---|
30 | 30 | | Section 1. Section 8-169oo of the general statutes is repealed and the 1 |
---|
31 | 31 | | following is substituted in lieu thereof (Effective from passage): 2 |
---|
32 | 32 | | (a) The board of directors of the Connecticut Municipal 3 |
---|
33 | 33 | | Redevelopment Authority is authorized from time to time to issue its 4 |
---|
34 | 34 | | bonds, notes and other obligations in such principal amounts as in the 5 |
---|
35 | 35 | | opinion of the board shall be necessary to provide sufficient funds for 6 |
---|
36 | 36 | | carrying out the purposes set forth in section 8-169jj, as amended by this 7 |
---|
37 | 37 | | act, including the payment, funding or refunding of the principal of, or 8 |
---|
38 | 38 | | interest or redemption premiums on, any bonds, notes and other 9 |
---|
39 | 39 | | obligations issued by it, whether the bonds, notes or other obligations 10 |
---|
40 | 40 | | or interest to be funded or refunded have or have not become due, the 11 Bill No. 1227 |
---|
41 | 41 | | |
---|
42 | 42 | | |
---|
45 | 45 | | 2 of 21 |
---|
46 | 46 | | |
---|
47 | 47 | | establishment of reserves to secure such bonds, notes and other 12 |
---|
48 | 48 | | obligations, loans made by the authority and all other expenditures of 13 |
---|
49 | 49 | | the authority incident to and necessary or convenient to carry out the 14 |
---|
50 | 50 | | purposes set forth in section 8-169jj, as amended by this act. 15 |
---|
51 | 51 | | (b) Every issue of bonds, notes or other obligations shall be a general 16 |
---|
52 | 52 | | obligation of the authority payable out of any moneys or revenues of the 17 |
---|
53 | 53 | | authority and subject only to any agreements with the holders of 18 |
---|
54 | 54 | | particular bonds, notes or other obligations pledging any particular 19 |
---|
55 | 55 | | moneys or revenues. Any such bonds, notes or other obligations may be 20 |
---|
56 | 56 | | additionally secured by any grant or contributions from any 21 |
---|
57 | 57 | | department, agency or instrumentality of the United States or person or 22 |
---|
58 | 58 | | a pledge of any moneys, income or revenues of the authority from any 23 |
---|
59 | 59 | | source whatsoever. 24 |
---|
60 | 60 | | (c) Notwithstanding any other provision of any law, any bonds, notes 25 |
---|
61 | 61 | | or other obligations issued by the authority pursuant to this section shall 26 |
---|
62 | 62 | | be fully negotiable within the meaning and for all purposes of title 42a. 27 |
---|
63 | 63 | | Any such bonds, notes or other obligations shall be legal investments 28 |
---|
64 | 64 | | for all trust companies, banks, investment companies, savings banks, 29 |
---|
65 | 65 | | building and loan associations, executors, administrators, guardians, 30 |
---|
66 | 66 | | conservators, trustees and other fiduciaries and pension, profit-sharing 31 |
---|
67 | 67 | | and retirement funds. 32 |
---|
68 | 68 | | (d) Bonds, notes or other obligations of the authority shall be 33 |
---|
69 | 69 | | authorized by resolution of the board of directors of the authority and 34 |
---|
70 | 70 | | may be issued in one or more series and shall bear such date or dates, 35 |
---|
71 | 71 | | mature at such time or times, in the case of any such note, or any renewal 36 |
---|
72 | 72 | | thereof, not exceeding the term of years as the board shall determine 37 |
---|
73 | 73 | | from the date of the original issue of such notes, and, in the case of 38 |
---|
74 | 74 | | bonds, not exceeding thirty years from the date thereof, bear interest at 39 |
---|
75 | 75 | | such rate or rates, be in such denomination or denominations, be in such 40 |
---|
76 | 76 | | form, either coupon or registered, carry such conversion or registration 41 |
---|
77 | 77 | | privileges, have such rank or priority, be executed in such manner, be 42 |
---|
78 | 78 | | payable from such sources in such medium of payment at such place or 43 |
---|
79 | 79 | | places within or without this state, and be subject to such terms of 44 Bill No. 1227 |
---|
80 | 80 | | |
---|
81 | 81 | | |
---|
84 | 84 | | 3 of 21 |
---|
85 | 85 | | |
---|
86 | 86 | | redemption, with or without premium, as such resolution or resolutions 45 |
---|
87 | 87 | | may provide. 46 |
---|
88 | 88 | | (e) Bonds, notes or other obligations of the authority may be sold at 47 |
---|
89 | 89 | | public or private sale at such price or prices as the board shall determine. 48 |
---|
90 | 90 | | (f) Bonds, notes or other obligations of the authority may be refunded 49 |
---|
91 | 91 | | and renewed from time to time as may be determined by resolution of 50 |
---|
92 | 92 | | the board, provided any such refunding or renewal shall be in 51 |
---|
93 | 93 | | conformity with any rights of the holders of such bonds, notes or other 52 |
---|
94 | 94 | | obligations. 53 |
---|
95 | 95 | | (g) [Except as provided in section 8-169qq, bonds] Bonds, notes or 54 |
---|
96 | 96 | | other obligations of the authority issued under the provisions of this 55 |
---|
97 | 97 | | section shall not be deemed to constitute a debt or liability of the state 56 |
---|
98 | 98 | | or of any political subdivision thereof other than the authority, or a 57 |
---|
99 | 99 | | pledge of the faith and credit of the state or of any such political 58 |
---|
100 | 100 | | subdivision other than the authority, and shall not constitute bonds or 59 |
---|
101 | 101 | | notes issued or guaranteed by the state within the meaning of section 3-60 |
---|
102 | 102 | | 21, but shall be payable solely from the funds as provided in this section. 61 |
---|
103 | 103 | | All such bonds, notes or other obligations shall contain on the face 62 |
---|
104 | 104 | | thereof a statement to the effect that, unless otherwise provided by law, 63 |
---|
105 | 105 | | neither the state of Connecticut nor any political subdivision thereof 64 |
---|
106 | 106 | | other than the authority shall be obligated to pay the same or the interest 65 |
---|
107 | 107 | | thereof except from revenues or other funds of the authority and that 66 |
---|
108 | 108 | | neither the faith and credit nor the taxing power of the state of 67 |
---|
109 | 109 | | Connecticut or of any political subdivision thereof other than the 68 |
---|
110 | 110 | | authority is pledged to the payment of the principal of, or the interest 69 |
---|
111 | 111 | | on, such bonds, notes or other obligations. 70 |
---|
112 | 112 | | (h) Any resolution or resolutions authorizing the issuance of bonds, 71 |
---|
113 | 113 | | notes or other obligations may contain provisions, except as limited by 72 |
---|
114 | 114 | | existing agreements with the holders of bonds, notes or other 73 |
---|
115 | 115 | | obligations, which shall be a part of the contract with the holders 74 |
---|
116 | 116 | | thereof, as to the following: (1) The pledging of all or any part of the 75 |
---|
117 | 117 | | moneys received by the authority to secure the payment of the principal 76 Bill No. 1227 |
---|
118 | 118 | | |
---|
119 | 119 | | |
---|
122 | 122 | | 4 of 21 |
---|
123 | 123 | | |
---|
124 | 124 | | of and interest on any bonds, notes or other obligations or of any issue 77 |
---|
125 | 125 | | thereof; (2) the pledging of all or part of the assets of the authority to 78 |
---|
126 | 126 | | secure the payment of the principal of and interest on any bonds, notes 79 |
---|
127 | 127 | | or other obligations or of any issue thereof; (3) the establishment of 80 |
---|
128 | 128 | | reserves or sinking funds, the making of charges and fees to provide for 81 |
---|
129 | 129 | | the same, and the regulation and disposition thereof; (4) limitations on 82 |
---|
130 | 130 | | the purpose to which the proceeds of sale of bonds, notes or other 83 |
---|
131 | 131 | | obligations may be applied and pledging such proceeds to secure the 84 |
---|
132 | 132 | | payment of the bonds, notes or other obligations, or of any issues 85 |
---|
133 | 133 | | thereof; (5) limitations on the issuance of additional bonds, notes or 86 |
---|
134 | 134 | | other obligations, the terms upon which additional bonds, bond 87 |
---|
135 | 135 | | anticipation notes or other obligations may be issued and secured, the 88 |
---|
136 | 136 | | refunding or purchase of outstanding bonds, notes or other obligations 89 |
---|
137 | 137 | | of the authority; (6) the procedure, if any, by which the terms of any 90 |
---|
138 | 138 | | contract with the holders of any bonds, notes or other obligations of the 91 |
---|
139 | 139 | | authority may be amended or abrogated, the amount of bonds, notes or 92 |
---|
140 | 140 | | other obligations the holders of which must consent thereto and the 93 |
---|
141 | 141 | | manner in which such consent may be given; (7) limitations on the 94 |
---|
142 | 142 | | amount of moneys to be expended by the authority for operating, 95 |
---|
143 | 143 | | administrative or other expenses of the authority; (8) the vesting in a 96 |
---|
144 | 144 | | trustee or trustees of such property, rights, powers and duties in trust as 97 |
---|
145 | 145 | | the authority may determine, which may include any or all of the rights, 98 |
---|
146 | 146 | | powers and duties of any trustee appointed by the holders of any bonds, 99 |
---|
147 | 147 | | notes or other obligations and limiting or abrogating the right of the 100 |
---|
148 | 148 | | holders of any bonds, notes or other obligations of the authority to 101 |
---|
149 | 149 | | appoint a trustee or limiting the rights, powers and duties of such 102 |
---|
150 | 150 | | trustee; (9) provision for a trust agreement by and between the authority 103 |
---|
151 | 151 | | and a corporate trustee which may be any trust company or bank having 104 |
---|
152 | 152 | | the powers of a trust company within or without the state, which 105 |
---|
153 | 153 | | agreement may provide for the pledging or assigning of any assets or 106 |
---|
154 | 154 | | income from assets to which or in which the authority has any rights or 107 |
---|
155 | 155 | | interest, and may further provide for such other rights and remedies 108 |
---|
156 | 156 | | exercisable by the trustee as may be proper for the protection of the 109 |
---|
157 | 157 | | holders of any bonds, notes or other obligations of the authority and not 110 |
---|
158 | 158 | | otherwise in violation of law. Such agreement may provide for the 111 Bill No. 1227 |
---|
159 | 159 | | |
---|
160 | 160 | | |
---|
163 | 163 | | 5 of 21 |
---|
164 | 164 | | |
---|
165 | 165 | | restriction of the rights of any individual holder of bonds, notes or other 112 |
---|
166 | 166 | | obligations of the authority. All expenses incurred in carrying out the 113 |
---|
167 | 167 | | provisions of such trust agreement may be treated as a part of the cost 114 |
---|
168 | 168 | | of operation of the authority. The trust agreement may contain any 115 |
---|
169 | 169 | | further provisions which are reasonable to delineate further the 116 |
---|
170 | 170 | | respective rights, duties, safeguards, responsibilities and liabilities of 117 |
---|
171 | 171 | | the authority, individual and collective holders of bonds, notes and 118 |
---|
172 | 172 | | other obligations of the authority and the trustees; (10) covenants to do 119 |
---|
173 | 173 | | or refrain from doing such acts and things as may be necessary or 120 |
---|
174 | 174 | | convenient or desirable in order to better secure any bonds, notes or 121 |
---|
175 | 175 | | other obligations of the authority, or which, in the discretion of the 122 |
---|
176 | 176 | | authority, will tend to make any bonds, notes or other obligations to be 123 |
---|
177 | 177 | | issued more marketable, notwithstanding that such covenants, acts or 124 |
---|
178 | 178 | | things may not be enumerated herein; and (11) any other matters of like 125 |
---|
179 | 179 | | or different character, which in any way affect the security or protection 126 |
---|
180 | 180 | | of the bonds, notes or other obligations. 127 |
---|
181 | 181 | | (i) Any pledge made by the authority of income, revenues or other 128 |
---|
182 | 182 | | property shall be valid and binding from the time the pledge is made. 129 |
---|
183 | 183 | | The income, revenue, such state taxes as the authority shall be entitled 130 |
---|
184 | 184 | | to receive or other property so pledged and thereafter received by the 131 |
---|
185 | 185 | | authority shall immediately be subject to the lien of such pledge without 132 |
---|
186 | 186 | | any physical delivery thereof or further act, and the lien of any such 133 |
---|
187 | 187 | | pledge shall be valid and binding as against all parties having claims of 134 |
---|
188 | 188 | | any kind in tort, contract or otherwise against the authority, irrespective 135 |
---|
189 | 189 | | of whether such parties have notice thereof. 136 |
---|
190 | 190 | | (j) The board of directors of the authority is authorized and 137 |
---|
191 | 191 | | empowered to obtain from any department, agency or instrumentality 138 |
---|
192 | 192 | | of the United States any insurance or guarantee as to, or of or for the 139 |
---|
193 | 193 | | payment or repayment of, interest or principal or both, or any part 140 |
---|
194 | 194 | | thereof, on any bonds, notes or other obligations issued by the authority 141 |
---|
195 | 195 | | pursuant to the provisions of this section and, notwithstanding any 142 |
---|
196 | 196 | | other provisions of sections 8-169ii to 8-169ss, inclusive, to enter into any 143 |
---|
197 | 197 | | agreement, contract or any other instrument whatsoever with respect to 144 Bill No. 1227 |
---|
198 | 198 | | |
---|
199 | 199 | | |
---|
202 | 202 | | 6 of 21 |
---|
203 | 203 | | |
---|
204 | 204 | | any such insurance or guarantee except to the extent that such action 145 |
---|
205 | 205 | | would in any way impair or interfere with the authority's ability to 146 |
---|
206 | 206 | | perform and fulfill the terms of any agreement made with the holders 147 |
---|
207 | 207 | | of the bonds, bond anticipation notes or other obligations of the 148 |
---|
208 | 208 | | authority. 149 |
---|
209 | 209 | | [(k) Neither the members of the board of directors of the authority 150 |
---|
210 | 210 | | nor any person executing bonds, notes or other obligations of the 151 |
---|
211 | 211 | | authority issued pursuant to this section shall be liable personally on 152 |
---|
212 | 212 | | such bonds, notes or other obligations or be subject to any personal 153 |
---|
213 | 213 | | liability or accountability by reason of the issuance thereof, nor shall any 154 |
---|
214 | 214 | | director, officer or employee of the authority be personally liable for 155 |
---|
215 | 215 | | damage or injury caused in the performance of such director, officer or 156 |
---|
216 | 216 | | employee's duties and within the scope of employment or appointment 157 |
---|
217 | 217 | | as such director, officer or employee, provided the conduct of such 158 |
---|
218 | 218 | | director, officer or employee was found not to have been wanton, 159 |
---|
219 | 219 | | reckless, wilful or malicious. The authority shall protect, save harmless 160 |
---|
220 | 220 | | and indemnify its directors, officers or employees from financial loss 161 |
---|
221 | 221 | | and expense, including legal fees and costs, if any, arising out of any 162 |
---|
222 | 222 | | claim, demand, suit or judgment by reason of alleged negligence or 163 |
---|
223 | 223 | | alleged deprivation of any person's civil rights or any other act or 164 |
---|
224 | 224 | | omission resulting in damage or injury, if the director, officer or 165 |
---|
225 | 225 | | employee is found to have been acting in the discharge of his or her 166 |
---|
226 | 226 | | duties or within the scope of his or her employment and such act or 167 |
---|
227 | 227 | | omission is found not to have been wanton, reckless, wilful or 168 |
---|
228 | 228 | | malicious.] 169 |
---|
229 | 229 | | [(l)] (k) The board of directors of the authority [shall have power to] 170 |
---|
230 | 230 | | may purchase bonds, notes or other obligations of the authority out of 171 |
---|
231 | 231 | | any funds available for such purpose. The authority may hold, cancel or 172 |
---|
232 | 232 | | resell such bonds, notes or other obligations subject to and in accordance 173 |
---|
233 | 233 | | with agreements with holders of its bonds, notes and other obligations. 174 |
---|
234 | 234 | | [(m)] (l) All moneys received pursuant to the authority of this section, 175 |
---|
235 | 235 | | whether as proceeds from the sale of bonds or as revenues, shall be 176 |
---|
236 | 236 | | deemed to be trust funds to be held and applied solely as provided in 177 Bill No. 1227 |
---|
237 | 237 | | |
---|
238 | 238 | | |
---|
241 | 241 | | 7 of 21 |
---|
242 | 242 | | |
---|
243 | 243 | | this section. Any officer with whom, or any bank or trust company with 178 |
---|
244 | 244 | | which, such moneys shall be deposited shall act as trustee of such 179 |
---|
245 | 245 | | moneys and shall hold and apply the same for the purposes of section 180 |
---|
246 | 246 | | 8-169jj, as amended by this act, and the resolution authorizing the bonds 181 |
---|
247 | 247 | | of any issue or the trust agreement securing such bonds may provide. 182 |
---|
248 | 248 | | [(n)] (m) Any holder of bonds, notes or other obligations issued under 183 |
---|
249 | 249 | | the provisions of this section, and the trustee or trustees under any trust 184 |
---|
250 | 250 | | agreement, except to the extent the rights herein given may be restricted 185 |
---|
251 | 251 | | by any resolution authorizing the issuance of or any such trust 186 |
---|
252 | 252 | | agreement securing such bonds, may, either at law or in equity, by suit, 187 |
---|
253 | 253 | | action, mandamus or other proceeding, protect and enforce any and all 188 |
---|
254 | 254 | | rights under the laws of the state or granted under this section or under 189 |
---|
255 | 255 | | such resolution or trust agreement and may enforce and compel the 190 |
---|
256 | 256 | | performance of all duties required by this section or by such resolution 191 |
---|
257 | 257 | | or trust agreement to be performed by the authority or by any officer, 192 |
---|
258 | 258 | | employee or agent of the authority, including the fixing, charging and 193 |
---|
259 | 259 | | collecting of the rates, rents, fees and charges herein authorized and 194 |
---|
260 | 260 | | required by the provisions of such resolution or trust agreement to be 195 |
---|
261 | 261 | | fixed, established and collected. 196 |
---|
262 | 262 | | [(o)] (n) The authority may make representations and agreements for 197 |
---|
263 | 263 | | the benefit of the holders of any bonds, notes or other obligations of the 198 |
---|
264 | 264 | | state which are necessary or appropriate to ensure the exclusion from 199 |
---|
265 | 265 | | gross income for federal income tax purposes of interest on bonds, notes 200 |
---|
266 | 266 | | or other obligations of the state from taxation under the Internal 201 |
---|
267 | 267 | | Revenue Code of 1986 or any subsequent corresponding internal 202 |
---|
268 | 268 | | revenue code of the United States, as amended from time to time, 203 |
---|
269 | 269 | | including agreement to pay rebates to the federal government of 204 |
---|
270 | 270 | | investment earnings derived from the investment of the proceeds of the 205 |
---|
271 | 271 | | bonds, notes or other obligations of the authority. Any such agreement 206 |
---|
272 | 272 | | may include: (1) A covenant to pay rebates to the federal government of 207 |
---|
273 | 273 | | investment earnings derived from the investment of the proceeds of the 208 |
---|
274 | 274 | | bonds, notes or other obligations of the authority; (2) a covenant that the 209 |
---|
275 | 275 | | authority will not limit or alter its rebate obligations until its obligations 210 Bill No. 1227 |
---|
276 | 276 | | |
---|
277 | 277 | | |
---|
280 | 280 | | 8 of 21 |
---|
281 | 281 | | |
---|
282 | 282 | | to the holders or owners of such bonds, notes or other obligations are 211 |
---|
283 | 283 | | finally met and discharged; and (3) provisions to (A) establish trust and 212 |
---|
284 | 284 | | other accounts which may be appropriate to carry out such 213 |
---|
285 | 285 | | representations and agreements, (B) retain fiscal agents as depositories 214 |
---|
286 | 286 | | for such funds and accounts, and (C) provide that such fiscal agents may 215 |
---|
287 | 287 | | act as trustee of such funds and accounts. 216 |
---|
288 | 288 | | Sec. 2. Section 8-169qq of the general statutes is repealed and the 217 |
---|
289 | 289 | | following is substituted in lieu thereof (Effective from passage): 218 |
---|
290 | 290 | | [(a) The state shall protect, save harmless and indemnify the 219 |
---|
291 | 291 | | directors, officers and employees of the Connecticut Municipal 220 |
---|
292 | 292 | | Redevelopment Authority from financial loss and expenses, including 221 |
---|
293 | 293 | | legal fees and costs, if any, arising out of any claim, demand, suit or 222 |
---|
294 | 294 | | judgment based upon any alleged act or omission of any such director, 223 |
---|
295 | 295 | | officer or employee in connection with, or any other legal challenge to, 224 |
---|
296 | 296 | | authority development projects within a Connecticut Municipal 225 |
---|
297 | 297 | | Redevelopment Authority development district, provided any such 226 |
---|
298 | 298 | | director, officer or employee is found to have been acting in the 227 |
---|
299 | 299 | | discharge of such director, officer or employee's duties or within the 228 |
---|
300 | 300 | | scope of such director, officer or employee's employment and any such 229 |
---|
301 | 301 | | act or omission is found not to have been wanton, reckless, wilful or 230 |
---|
302 | 302 | | malicious. 231 |
---|
303 | 303 | | (b) In the event any bond, note or other obligation of the authority 232 |
---|
304 | 304 | | cannot be paid by the authority, the state shall assume the liability of 233 |
---|
305 | 305 | | and make payment on such debt.] 234 |
---|
306 | 306 | | (a) For the purposes of this section, "required minimum capital 235 |
---|
307 | 307 | | reserve" means the maximum amount permitted to be deposited in a 236 |
---|
308 | 308 | | special capital reserve fund by the Internal Revenue Code of 1986, or 237 |
---|
309 | 309 | | any subsequent corresponding internal revenue code of the United 238 |
---|
310 | 310 | | States, as amended from time to time, to permit the interest on the bonds 239 |
---|
311 | 311 | | of the Connecticut Municipal Redevelopment Authority secured by 240 |
---|
312 | 312 | | such special capital reserve fund to be excluded from gross income for 241 |
---|
313 | 313 | | federal tax purposes. 242 Bill No. 1227 |
---|
314 | 314 | | |
---|
315 | 315 | | |
---|
318 | 318 | | 9 of 21 |
---|
319 | 319 | | |
---|
320 | 320 | | (b) The authority may, in connection with the issuance of bonds, the 243 |
---|
321 | 321 | | refunding of bonds previously issued by the authority or the issuance 244 |
---|
322 | 322 | | of bonds to effect a refinancing or other restructuring with respect to one 245 |
---|
323 | 323 | | or more projects, establish one or more special capital reserve funds. The 246 |
---|
324 | 324 | | authority may pay into such special capital reserve funds (1) any 247 |
---|
325 | 325 | | moneys appropriated and made available by the state for the purposes 248 |
---|
326 | 326 | | of such special capital reserve funds, (2) any proceeds of the sale of 249 |
---|
327 | 327 | | bonds or notes of the authority, to the extent provided in the resolution 250 |
---|
328 | 328 | | of said authority authorizing the issuance of such bonds or notes, and 251 |
---|
329 | 329 | | (3) any moneys made available to the authority from any other source 252 |
---|
330 | 330 | | for the purposes of such special capital reserve funds. The amount of 253 |
---|
331 | 331 | | bonds of the authority secured by special capital reserve funds shall not 254 |
---|
332 | 332 | | exceed fifty million dollars in the aggregate. 255 |
---|
333 | 333 | | (c) (1) Except as otherwise provided in this section, the moneys held 256 |
---|
334 | 334 | | in or credited to any special capital reserve fund established under this 257 |
---|
335 | 335 | | section shall be used for: 258 |
---|
336 | 336 | | (A) The payment of the principal and interest as such payments 259 |
---|
337 | 337 | | become due, whether due at maturity or by mandatory sinking fund 260 |
---|
338 | 338 | | installments, on bonds of the authority secured by such special capital 261 |
---|
339 | 339 | | reserve fund; or 262 |
---|
340 | 340 | | (B) The purchase of such bonds and the payment of any redemption 263 |
---|
341 | 341 | | premium required to be paid when such bonds are redeemed prior to 264 |
---|
342 | 342 | | maturity, including reimbursement of a provider of bond insurance or 265 |
---|
343 | 343 | | of a credit or liquidity facility that has paid such redemption premium. 266 |
---|
344 | 344 | | (2) The authority may prohibit, except for the purpose of paying the 267 |
---|
345 | 345 | | principal of and interest and redemption premium on bonds of the 268 |
---|
346 | 346 | | authority secured by a special capital reserve fund for which other 269 |
---|
347 | 347 | | moneys of the authority are not available, the withdrawal of moneys in 270 |
---|
348 | 348 | | any special capital reserve fund in an amount that would result in the 271 |
---|
349 | 349 | | balance of such special capital reserve fund being less than (A) the 272 |
---|
350 | 350 | | maximum amount of principal and interest becoming due by reason of 273 |
---|
351 | 351 | | maturity or a required sinking fund installment on the bonds of the 274 Bill No. 1227 |
---|
352 | 352 | | |
---|
353 | 353 | | |
---|
356 | 356 | | 10 of 21 |
---|
357 | 357 | | |
---|
358 | 358 | | authority outstanding in the then current or any succeeding calendar 275 |
---|
359 | 359 | | year, or (B) the required minimum capital reserve. 276 |
---|
360 | 360 | | (3) The authority may provide at any time that it shall not issue bonds 277 |
---|
361 | 361 | | secured by a special capital reserve fund if the required minimum 278 |
---|
362 | 362 | | capital reserve on the bonds outstanding and the bonds to be issued and 279 |
---|
363 | 363 | | secured by the same special capital reserve fund at the time of issuance 280 |
---|
364 | 364 | | exceeds the moneys in the special capital reserve fund, unless the 281 |
---|
365 | 365 | | authority deposits proceeds from the bonds to be issued or moneys from 282 |
---|
366 | 366 | | other sources into such special capital reserve fund, in an amount that, 283 |
---|
367 | 367 | | together with the amount then in such special capital reserve fund, will 284 |
---|
368 | 368 | | be not less than the required minimum capital reserve. 285 |
---|
369 | 369 | | (d) (1) (A) Prior to December first, annually, the authority shall 286 |
---|
370 | 370 | | deposit, for any special capital reserve fund for which the balance is 287 |
---|
371 | 371 | | below the required minimum capital reserve, the full amount required 288 |
---|
372 | 372 | | to meet the required minimum capital reserve for such special capital 289 |
---|
373 | 373 | | reserve fund. Such deposit shall be made from any resources available 290 |
---|
374 | 374 | | to the authority not otherwise pledged or dedicated to another purpose. 291 |
---|
375 | 375 | | (B) On or prior to December first, annually, but after the authority has 292 |
---|
376 | 376 | | made any deposits required under subparagraph (A) of this 293 |
---|
377 | 377 | | subdivision, there shall be deemed appropriated from the General Fund 294 |
---|
378 | 378 | | any sums necessary to restore the balance of each such special capital 295 |
---|
379 | 379 | | reserve fund to the required minimum capital reserve amount. The 296 |
---|
380 | 380 | | amount of any such sum shall be allotted and paid to the authority upon 297 |
---|
381 | 381 | | the certification of such sum by the chairperson or vice-chairperson of 298 |
---|
382 | 382 | | the authority to the Secretary of the Office of Policy and Management, 299 |
---|
383 | 383 | | the Treasurer and the joint standing committees of the General 300 |
---|
384 | 384 | | Assembly having cognizance of matters relating to planning and 301 |
---|
385 | 385 | | development and finance, revenue and bonding. 302 |
---|
386 | 386 | | (C) For the purposes of this subdivision, obligations acquired as an 303 |
---|
387 | 387 | | investment for any special capital reserve fund shall be valued at 304 |
---|
388 | 388 | | amortized cost. 305 Bill No. 1227 |
---|
389 | 389 | | |
---|
390 | 390 | | |
---|
393 | 393 | | 11 of 21 |
---|
394 | 394 | | |
---|
395 | 395 | | (2) Subject to any agreement or agreements with holders of 306 |
---|
396 | 396 | | outstanding bonds or notes of the authority, any amount allotted and 307 |
---|
397 | 397 | | paid to the authority pursuant to subdivision (1) of this subsection shall 308 |
---|
398 | 398 | | be repaid to the state from moneys of the authority, at such time as such 309 |
---|
399 | 399 | | moneys are not required for any other corporate purposes of the 310 |
---|
400 | 400 | | authority. Such repayment shall occur not later than one year after the 311 |
---|
401 | 401 | | date the following liabilities are met and fully discharged by the 312 |
---|
402 | 402 | | authority: (A) All bonds and notes of the authority that were issued 313 |
---|
403 | 403 | | before, on or after the date such allotted amount was paid to the 314 |
---|
404 | 404 | | authority; (B) all interest on such bonds and notes and on any unpaid 315 |
---|
405 | 405 | | installments of interest; and (C) all costs and expenses incurred in 316 |
---|
406 | 406 | | connection with any action or proceeding by or on behalf of the holders 317 |
---|
407 | 407 | | of such bonds or notes. 318 |
---|
408 | 408 | | (e) (1) The authority shall not issue bonds secured by a special capital 319 |
---|
409 | 409 | | reserve fund until and unless: 320 |
---|
410 | 410 | | (A) The authority has determined, and has provided such 321 |
---|
411 | 411 | | determination to the Secretary of the Office of Policy and Management 322 |
---|
412 | 412 | | or the secretary's deputy and to the Treasurer or the Deputy Treasurer, 323 |
---|
413 | 413 | | that the revenues from the project shall be sufficient to (i) pay the 324 |
---|
414 | 414 | | principal of and interest on the bonds issued to finance the project, (ii) 325 |
---|
415 | 415 | | establish, increase and maintain any reserves deemed advisable by the 326 |
---|
416 | 416 | | authority to secure the payment of the principal of and interest on such 327 |
---|
417 | 417 | | bonds, (iii) pay the cost of maintaining the project in good repair and 328 |
---|
418 | 418 | | properly insured, and (iv) pay such other costs of the project as may be 329 |
---|
419 | 419 | | required; 330 |
---|
420 | 420 | | (B) The issuance has been approved by the Secretary of the Office of 331 |
---|
421 | 421 | | Policy and Management or the secretary's deputy; and 332 |
---|
422 | 422 | | (C) The authority has provided the documentation required under 333 |
---|
423 | 423 | | subsection (a) of section 1-124 to the Treasurer or the Deputy Treasurer 334 |
---|
424 | 424 | | and the issuance has been approved by the Treasurer or the Deputy 335 |
---|
425 | 425 | | Treasurer pursuant to said subsection. 336 Bill No. 1227 |
---|
426 | 426 | | |
---|
427 | 427 | | |
---|
430 | 430 | | 12 of 21 |
---|
431 | 431 | | |
---|
432 | 432 | | (2) The approval by the Secretary of the Office of Policy and 337 |
---|
433 | 433 | | Management or the secretary's deputy may provide for the waiver or 338 |
---|
434 | 434 | | modification of the requirements of this section as the secretary deems 339 |
---|
435 | 435 | | necessary or appropriate to effectuate such issuance, subject to any 340 |
---|
436 | 436 | | applicable tax covenants of the authority and the state. 341 |
---|
437 | 437 | | (f) Nothing in this section shall preclude the authority from 342 |
---|
438 | 438 | | establishing other debt service reserve funds that are not special capital 343 |
---|
439 | 439 | | reserve funds in connection with the issuance of bonds or notes of the 344 |
---|
440 | 440 | | authority. 345 |
---|
441 | 441 | | Sec. 3. (NEW) (Effective from passage) (a) As used in this section, (1) 346 |
---|
442 | 442 | | "person" means any (A) state officer, (B) state agency, department, board 347 |
---|
443 | 443 | | or commission, or (C) state employee, or any agent thereof. "Person" 348 |
---|
444 | 444 | | includes The University of Connecticut Health Care Finance 349 |
---|
445 | 445 | | Corporation, and (2) "financial obligation" has the same meaning as 350 |
---|
446 | 446 | | provided in 17 CFR 240.15c2-12, as amended from time to time. 351 |
---|
447 | 447 | | (b) (1) Before any person incurs any financial obligation of the state 352 |
---|
448 | 448 | | or enters into any agreement to covenants, events of default, remedies, 353 |
---|
449 | 449 | | priority rights or other similar terms in connection with a financial 354 |
---|
450 | 450 | | obligation of the state, where such financial obligation (A) is in excess of 355 |
---|
451 | 451 | | one million dollars, or (B) encumbers property or rights of the state 356 |
---|
452 | 452 | | material to the operations of the state, such person shall notify the 357 |
---|
453 | 453 | | Treasurer of such proposed financial obligation or agreement and 358 |
---|
454 | 454 | | submit any documents pursuant to which such financial obligation is to 359 |
---|
455 | 455 | | be incurred or such agreement is to be entered into. No such person shall 360 |
---|
456 | 456 | | incur any such financial obligation or enter into any such agreement 361 |
---|
457 | 457 | | until such person has received a written acknowledgment pursuant to 362 |
---|
458 | 458 | | subdivision (2) of this subsection. 363 |
---|
459 | 459 | | (2) Upon receipt of such notification and documents, the Treasurer 364 |
---|
460 | 460 | | shall determine whether the information provided is adequate for the 365 |
---|
461 | 461 | | Treasurer to timely meet required disclosure obligations under federal 366 |
---|
462 | 462 | | securities law. The Treasurer may request additional information the 367 |
---|
463 | 463 | | Treasurer deems necessary to make such determination. Upon the 368 Bill No. 1227 |
---|
464 | 464 | | |
---|
465 | 465 | | |
---|
468 | 468 | | 13 of 21 |
---|
469 | 469 | | |
---|
470 | 470 | | Treasurer's satisfaction that adequate information has been provided for 369 |
---|
471 | 471 | | the Treasurer to timely meet required disclosure obligations under 370 |
---|
472 | 472 | | federal securities law, the Treasurer or the Treasurer's designee shall 371 |
---|
473 | 473 | | provide written acknowledgment to the person seeking to incur such 372 |
---|
474 | 474 | | financial obligation or enter into such agreement. The Treasurer may 373 |
---|
475 | 475 | | establish, and revise from time to time, exemptions from such 374 |
---|
476 | 476 | | notification and submission requirements as the Treasurer determines 375 |
---|
477 | 477 | | are consistent with the state's disclosure obligations under federal 376 |
---|
478 | 478 | | securities law. 377 |
---|
479 | 479 | | Sec. 4. Subsection (x) of section 3-20 of the general statutes is repealed 378 |
---|
480 | 480 | | and the following is substituted in lieu thereof (Effective July 1, 2023): 379 |
---|
481 | 481 | | (x) Notwithstanding any provision of the general statutes, public acts 380 |
---|
482 | 482 | | or special acts, [upon] any sale, lease or other disposition to or use by a 381 |
---|
483 | 483 | | nongovernmental entity of all or a portion of any project financed with 382 |
---|
484 | 484 | | proceeds of bonds of the state the interest on which is not included in 383 |
---|
485 | 485 | | gross income pursuant to Section 103 of the Internal Revenue Code of 384 |
---|
486 | 486 | | 1986, or any subsequent corresponding internal revenue code of the 385 |
---|
487 | 487 | | United States, as amended from time to time, [amended,] that would 386 |
---|
488 | 488 | | otherwise cause such bonds to be treated as private activity bonds 387 |
---|
489 | 489 | | within the meaning of Section 141 of said internal revenue code [, the] 388 |
---|
490 | 490 | | shall be subject to the prior approval of the Treasurer. The Treasurer is 389 |
---|
491 | 491 | | authorized to transfer all or a portion of the proceeds received with 390 |
---|
492 | 492 | | respect to and at the time of such disposition or use, in an amount not 391 |
---|
493 | 493 | | less than the amount required by said internal revenue code to preserve 392 |
---|
494 | 494 | | the exclusion from gross income of interest on such bonds, (1) to the 393 |
---|
495 | 495 | | General Fund to pay debt service on, including redemption, defeasance 394 |
---|
496 | 496 | | or purchase of, outstanding bonds of the state the interest on which is 395 |
---|
497 | 497 | | not included in gross income pursuant to Section 103 of said internal 396 |
---|
498 | 498 | | revenue code, (2) with the approval of the State Bond Commission, in 397 |
---|
499 | 499 | | lieu of the issuance of bonds, to the appropriate account or fund for any 398 |
---|
500 | 500 | | projects or purposes authorized by the State Bond Commission 399 |
---|
501 | 501 | | pursuant to a bond act and with the same force and effect as bond 400 |
---|
502 | 502 | | proceeds, thereby reducing the authority to issue bonds by such dollar 401 Bill No. 1227 |
---|
503 | 503 | | |
---|
504 | 504 | | |
---|
507 | 507 | | 14 of 21 |
---|
508 | 508 | | |
---|
509 | 509 | | amount, provided in any event that any such transfer does not cause the 402 |
---|
510 | 510 | | interest on the subject bonds to become included in gross income 403 |
---|
511 | 511 | | pursuant to Section 103 of said internal revenue code. 404 |
---|
512 | 512 | | Sec. 5. Subsection (a) of section 3-37 of the general statutes is repealed 405 |
---|
513 | 513 | | and the following is substituted in lieu thereof (Effective July 1, 2023): 406 |
---|
514 | 514 | | (a) The Treasurer shall, annually, on or before December thirty-first, 407 |
---|
515 | 515 | | submit a final audited report to the Governor and a copy of such report 408 |
---|
516 | 516 | | to the Investment Advisory Council, which shall include the following 409 |
---|
517 | 517 | | information concerning the activities of the office of the State Treasurer 410 |
---|
518 | 518 | | for the immediately preceding fiscal year ending June thirtieth: (1) 411 |
---|
519 | 519 | | Complete financial statements and accompanying footnotes for the 412 |
---|
520 | 520 | | combined investment funds prepared in accordance with generally 413 |
---|
521 | 521 | | accepted accounting principles, which financial statements shall be 414 |
---|
522 | 522 | | audited in accordance with generally accepted auditing standards and 415 |
---|
523 | 523 | | supplementary schedules depicting the interests of the component 416 |
---|
524 | 524 | | retirement plans and trust funds; (2) complete financial statements and 417 |
---|
525 | 525 | | accompanying footnotes for the Short Term Investment Fund prepared 418 |
---|
526 | 526 | | in accordance with generally accepted accounting principles and 419 |
---|
527 | 527 | | supplementary schedules listing all assets held by the Short Term 420 |
---|
528 | 528 | | Investment Fund; (3) a discussion and review of the performance of the 421 |
---|
529 | 529 | | combined investment funds and Short Term Investment Fund for such 422 |
---|
530 | 530 | | fiscal year in accordance with recognized and appropriate performance 423 |
---|
531 | 531 | | presentation and disclosure, including an analysis of the return earned 424 |
---|
532 | 532 | | by the portfolio and each combined investment fund as well as the risk 425 |
---|
533 | 533 | | profile of the portfolio and each combined investment fund according 426 |
---|
534 | 534 | | to investment industry standards; (4) the activities and transactions in 427 |
---|
535 | 535 | | such reasonable detail as is appropriate of the cash management 428 |
---|
536 | 536 | | division including information on the state's cash receipts and 429 |
---|
537 | 537 | | disbursements for the fiscal year, and the debt management division; 430 |
---|
538 | 538 | | [including the financial statements of the tax-exempt proceeds fund 431 |
---|
539 | 539 | | prepared in accordance with generally accepted accounting principles;] 432 |
---|
540 | 540 | | (5) financial statements and accompanying footnotes as well as a 433 |
---|
541 | 541 | | summary of operating results for the Second Injury Fund for such fiscal 434 Bill No. 1227 |
---|
542 | 542 | | |
---|
543 | 543 | | |
---|
546 | 546 | | 15 of 21 |
---|
547 | 547 | | |
---|
548 | 548 | | year; (6) a financial summary and report on the activities of the state's 435 |
---|
549 | 549 | | unclaimed property program for such fiscal year; (7) a listing of the 436 |
---|
550 | 550 | | companies from which state funds were divested based upon such 437 |
---|
551 | 551 | | companies' business in Sudan, pursuant to the provisions of section 3-438 |
---|
552 | 552 | | 21e, and any companies identified by the Treasurer as companies from 439 |
---|
553 | 553 | | which investment of state funds has been declared impermissible by the 440 |
---|
554 | 554 | | Treasurer, pursuant to the provisions of section 3-21e; and (8) such other 441 |
---|
555 | 555 | | information as the Treasurer deems of interest to the public. 442 |
---|
556 | 556 | | Sec. 6. Subsection (q) of section 3-62h of the general statutes is 443 |
---|
557 | 557 | | repealed and the following is substituted in lieu thereof (Effective July 1, 444 |
---|
558 | 558 | | 2023): 445 |
---|
559 | 559 | | (q) Any moneys held by the Treasurer or by a trustee pursuant to an 446 |
---|
560 | 560 | | indenture of trust with respect to abandoned property fund bonds 447 |
---|
561 | 561 | | including pledged revenues, other pledged receipts, funds or moneys 448 |
---|
562 | 562 | | and proceeds from the sale of such abandoned property fund bonds, 449 |
---|
563 | 563 | | may, pending the use or application of the proceeds thereof for an 450 |
---|
564 | 564 | | authorized purpose, be (1) invested and reinvested in such obligations, 451 |
---|
565 | 565 | | securities and investments as are set forth in subsection (f) of section 3-452 |
---|
566 | 566 | | 20 [,] and in participation certificates in the Short Term Investment 453 |
---|
567 | 567 | | Funds created under sections 3-27a and 3-27f, [and in participation 454 |
---|
568 | 568 | | certificates or securities of the Tax-Exempt Proceeds Fund created under 455 |
---|
569 | 569 | | section 3-24a] or (2) deposited or redeposited in such bank or banks as 456 |
---|
570 | 570 | | shall be provided in the proceedings. Unless the proceedings provide 457 |
---|
571 | 571 | | otherwise, proceeds from investments authorized by this subsection, 458 |
---|
572 | 572 | | less amounts required under the proceedings authorizing the issuance 459 |
---|
573 | 573 | | of abandoned property fund bonds for the payment of Special 460 |
---|
574 | 574 | | Abandoned Property Fund financing costs relating to such abandoned 461 |
---|
575 | 575 | | property fund bonds, shall be credited to the Special Abandoned 462 |
---|
576 | 576 | | Property Fund. 463 |
---|
577 | 577 | | Sec. 7. Subsection (d) of section 7-406n of the general statutes is 464 |
---|
578 | 578 | | repealed and the following is substituted in lieu thereof (Effective July 1, 465 |
---|
579 | 579 | | 2023): 466 Bill No. 1227 |
---|
580 | 580 | | |
---|
581 | 581 | | |
---|
584 | 584 | | 16 of 21 |
---|
585 | 585 | | |
---|
586 | 586 | | (d) Any moneys held by the Treasurer or by a trustee pursuant to an 467 |
---|
587 | 587 | | indenture of trust with respect to municipal pension solvency account 468 |
---|
588 | 588 | | bonds including pledged revenues, other pledged receipts, funds or 469 |
---|
589 | 589 | | moneys and proceeds from the sale of such municipal pension solvency 470 |
---|
590 | 590 | | account bonds, may, pending the use or application of such proceeds 471 |
---|
591 | 591 | | for an authorized purpose, be (1) invested and reinvested in such 472 |
---|
592 | 592 | | obligations, securities and investments as are set forth in subsection (f) 473 |
---|
593 | 593 | | of section 3-20 [,] and in participation certificates in the Short Term 474 |
---|
594 | 594 | | Investment Funds created under sections 3-27a and 3-27f, [and in 475 |
---|
595 | 595 | | participation certificates or securities of the Tax-Exempt Proceeds Fund 476 |
---|
596 | 596 | | created under section 3-24a,] or (2) deposited or redeposited in such 477 |
---|
597 | 597 | | bank or banks as shall be provided in the proceedings authorizing the 478 |
---|
598 | 598 | | issuance of municipal pension solvency account bonds. Unless the 479 |
---|
599 | 599 | | proceedings provide otherwise, proceeds from investments authorized 480 |
---|
600 | 600 | | by this subsection, less amounts required under the proceedings for the 481 |
---|
601 | 601 | | payment of municipal pension solvency loan costs relating to such 482 |
---|
602 | 602 | | municipal pension solvency account bonds, shall be credited to the 483 |
---|
603 | 603 | | municipal pension solvency account. 484 |
---|
604 | 604 | | Sec. 8. Subdivision (9) of subsection (b) of section 8-169jj of the general 485 |
---|
605 | 605 | | statutes is repealed and the following is substituted in lieu thereof 486 |
---|
606 | 606 | | (Effective July 1, 2023): 487 |
---|
607 | 607 | | (9) Invest any funds not needed for immediate use or disbursement 488 |
---|
608 | 608 | | in obligations issued or guaranteed by the United States or the state, 489 |
---|
609 | 609 | | including the Short Term Investment Fund, [and the Tax-Exempt 490 |
---|
610 | 610 | | Proceeds Fund,] and in other obligations that are legal investments for 491 |
---|
611 | 611 | | savings banks in this state, and in-time deposits or certificates of deposit 492 |
---|
612 | 612 | | or other similar banking arrangements secured in such manner as the 493 |
---|
613 | 613 | | authority determines; 494 |
---|
614 | 614 | | Sec. 9. Subsection (b) of section 8-336o of the general statutes is 495 |
---|
615 | 615 | | repealed and the following is substituted in lieu thereof (Effective July 1, 496 |
---|
616 | 616 | | 2023): 497 |
---|
617 | 617 | | (b) Any moneys held in the Housing Trust Fund may, pending the 498 Bill No. 1227 |
---|
618 | 618 | | |
---|
619 | 619 | | |
---|
622 | 622 | | 17 of 21 |
---|
623 | 623 | | |
---|
624 | 624 | | use or application of the proceeds thereof for an authorized purpose, be 499 |
---|
625 | 625 | | (1) invested and reinvested in such obligations, securities and 500 |
---|
626 | 626 | | investments as are set forth in subsection (f) of section 3-20 [,] and in 501 |
---|
627 | 627 | | participation certificates in the Short Term Investment Fund created 502 |
---|
628 | 628 | | under sections 3-27a and 3-27f, [and in participation certificates or 503 |
---|
629 | 629 | | securities of the Tax-Exempt Proceeds Fund created under section 3-504 |
---|
630 | 630 | | 24a,] (2) deposited or redeposited in such bank or banks at the direction 505 |
---|
631 | 631 | | of the Treasurer, or (3) invested in participation units in the combined 506 |
---|
632 | 632 | | investment funds, as defined in section 3-31b. Unless otherwise 507 |
---|
633 | 633 | | provided pursuant to subsection (c) of this section, proceeds from 508 |
---|
634 | 634 | | investments authorized by this subsection shall be credited to the 509 |
---|
635 | 635 | | Housing Trust Fund. 510 |
---|
636 | 636 | | Sec. 10. Subsection (b) of section 32-7o of the general statutes is 511 |
---|
637 | 637 | | repealed and the following is substituted in lieu thereof (Effective July 1, 512 |
---|
638 | 638 | | 2023): 513 |
---|
639 | 639 | | (b) Any moneys held in the Connecticut Manufacturing Innovation 514 |
---|
640 | 640 | | Fund may, pending the use or application of the proceeds thereof for an 515 |
---|
641 | 641 | | authorized purpose, be (1) invested and reinvested in such obligations, 516 |
---|
642 | 642 | | securities and investments as are set forth in subsection (f) of section 3-517 |
---|
643 | 643 | | 20 [,] and in participation certificates in the Short Term Investment Fund 518 |
---|
644 | 644 | | created under sections 3-27a and 3-27f, [and in participation certificates 519 |
---|
645 | 645 | | or securities of the Tax-Exempt Proceeds Fund created under section 3-520 |
---|
646 | 646 | | 24a,] (2) deposited or redeposited in any bank or banks, at the direction 521 |
---|
647 | 647 | | of the Treasurer, or (3) invested in participation units in the combined 522 |
---|
648 | 648 | | investment funds, as defined in section 3-31b. Proceeds from 523 |
---|
649 | 649 | | investments authorized by this subsection shall be credited to the 524 |
---|
650 | 650 | | Connecticut Manufacturing Innovation Fund. 525 |
---|
651 | 651 | | Sec. 11. Subdivision (6) of subsection (b) of section 32-602 of the 526 |
---|
652 | 652 | | general statutes is repealed and the following is substituted in lieu 527 |
---|
653 | 653 | | thereof (Effective July 1, 2023): 528 |
---|
654 | 654 | | (6) To invest any funds not needed for immediate use or 529 |
---|
655 | 655 | | disbursement in obligations issued or guaranteed by the United States 530 Bill No. 1227 |
---|
656 | 656 | | |
---|
657 | 657 | | |
---|
660 | 660 | | 18 of 21 |
---|
661 | 661 | | |
---|
662 | 662 | | of America or the state of Connecticut, including the Short Term 531 |
---|
663 | 663 | | Investment Fund, [and the Tax-Exempt Proceeds Fund,] and in other 532 |
---|
664 | 664 | | obligations which are legal investments for savings banks in this state 533 |
---|
665 | 665 | | and in time deposits or certificates of deposit or other similar banking 534 |
---|
666 | 666 | | arrangements secured in such manner as the authority determines; 535 |
---|
667 | 667 | | Sec. 12. Section 10-63b of the general statutes is repealed and the 536 |
---|
668 | 668 | | following is substituted in lieu thereof (Effective from passage): 537 |
---|
669 | 669 | | Within thirty days of receipt of an application pursuant to section 10-538 |
---|
670 | 670 | | 63a the regional board of education shall call for the appointment of a 539 |
---|
671 | 671 | | committee to study issues relating to withdrawal or dissolution. The 540 |
---|
672 | 672 | | committee shall consist of the following: One member of the board of 541 |
---|
673 | 673 | | education of each town within the district, to be selected by each such 542 |
---|
674 | 674 | | board, if any, or if none, an elector to be elected by the legislative body 543 |
---|
675 | 675 | | in such town; one member of the board of finance or comparable fiscal 544 |
---|
676 | 676 | | body of each town within the district to be selected by each such board 545 |
---|
677 | 677 | | or body; two members of the regional board of education, to be selected 546 |
---|
678 | 678 | | by such board, no more than one of whom may be a resident of a town 547 |
---|
679 | 679 | | making the application for the appointment of the committee; one 548 |
---|
680 | 680 | | member to be appointed by the Commissioner of Education, who shall 549 |
---|
681 | 681 | | not be a resident of any town within the district; [the State Treasurer or 550 |
---|
682 | 682 | | the Treasurer's designee,] and one member to be appointed by the 551 |
---|
683 | 683 | | regional board of education, who [shall be] is an expert in municipal 552 |
---|
684 | 684 | | bonding and financing and who shall not be a resident of any town 553 |
---|
685 | 685 | | within the district. The members shall receive no compensation for their 554 |
---|
686 | 686 | | services, but their expenses and those incurred by the regional board in 555 |
---|
687 | 687 | | connection with withdrawal or dissolution procedures shall be paid by 556 |
---|
688 | 688 | | the towns applying for withdrawal or dissolution. The appointee of the 557 |
---|
689 | 689 | | Commissioner of Education shall call the first meeting of the committee, 558 |
---|
690 | 690 | | and the committee shall organize and function in accordance with 559 |
---|
691 | 691 | | section 10-41. 560 |
---|
692 | 692 | | Sec. 13. Subdivision (3) of subsection (a) of section 10-283 of the 561 |
---|
693 | 693 | | general statutes is repealed and the following is substituted in lieu 562 |
---|
694 | 694 | | thereof (Effective July 1, 2023): 563 Bill No. 1227 |
---|
695 | 695 | | |
---|
696 | 696 | | |
---|
699 | 699 | | 19 of 21 |
---|
700 | 700 | | |
---|
701 | 701 | | (3) (A) All final calculations completed by the Department of 564 |
---|
702 | 702 | | Administrative Services for school building projects shall include a 565 |
---|
703 | 703 | | computation of the state grant for the school building project amortized 566 |
---|
704 | 704 | | on a straight line basis over a twenty-year period for school building 567 |
---|
705 | 705 | | projects with costs equal to or greater than two million dollars and over 568 |
---|
706 | 706 | | a ten-year period for school building projects with costs less than two 569 |
---|
707 | 707 | | million dollars. Any town or regional school district which abandons, 570 |
---|
708 | 708 | | sells, leases, demolishes or otherwise redirects the use of such a school 571 |
---|
709 | 709 | | building project to other than a public school use during such 572 |
---|
710 | 710 | | amortization period shall refund to the state the unamortized balance of 573 |
---|
711 | 711 | | the state grant remaining as of the date the abandonment, sale, lease, 574 |
---|
712 | 712 | | demolition or redirection occurs. The amortization period for a project 575 |
---|
713 | 713 | | shall begin on the date the project was accepted as complete by the local 576 |
---|
714 | 714 | | or regional board of education. A town or regional school district 577 |
---|
715 | 715 | | required to make a refund to the state pursuant to this subdivision may 578 |
---|
716 | 716 | | request forgiveness of such refund if the building is redirected for public 579 |
---|
717 | 717 | | use. The Department of Administrative Services shall include as an 580 |
---|
718 | 718 | | addendum to the annual school construction priority list all those towns 581 |
---|
719 | 719 | | requesting forgiveness. General Assembly approval of the priority list 582 |
---|
720 | 720 | | containing such request shall constitute approval of such request. This 583 |
---|
721 | 721 | | subdivision shall not apply to projects to correct safety, health and other 584 |
---|
722 | 722 | | code violations or to remedy certified school indoor air quality 585 |
---|
723 | 723 | | emergencies approved pursuant to subsection (b) of this section or 586 |
---|
724 | 724 | | projects subject to the provisions of section 10-285c. 587 |
---|
725 | 725 | | (B) If the board of governors for an independent institution of higher 588 |
---|
726 | 726 | | education, as defined in subsection (a) of section 10a-173, or the 589 |
---|
727 | 727 | | equivalent of such a board, on behalf of the independent institution of 590 |
---|
728 | 728 | | higher education, that operates an interdistrict magnet school makes 591 |
---|
729 | 729 | | private use of any portion of a school building in which such operator 592 |
---|
730 | 730 | | received a school building project grant pursuant to this chapter, such 593 |
---|
731 | 731 | | operator shall annually submit a report to the Commissioner of 594 |
---|
732 | 732 | | Education that demonstrates that such operator provides an equal to or 595 |
---|
733 | 733 | | greater than in-kind or supplemental benefit of such institution's 596 |
---|
734 | 734 | | facilities to students enrolled in such interdistrict magnet school that 597 Bill No. 1227 |
---|
735 | 735 | | |
---|
736 | 736 | | |
---|
739 | 739 | | 20 of 21 |
---|
740 | 740 | | |
---|
741 | 741 | | outweighs the private use of such school building. If the commissioner 598 |
---|
742 | 742 | | finds that the private use of such school building exceeds the in-kind or 599 |
---|
743 | 743 | | supplemental benefit to magnet school students, the commissioner may 600 |
---|
744 | 744 | | require such institution to refund to the state the unamortized balance 601 |
---|
745 | 745 | | of the state grant. 602 |
---|
746 | 746 | | [(C) Any moneys refunded to the state pursuant to subparagraphs 603 |
---|
747 | 747 | | (A) and (B) of this subdivision shall be deposited in the state's tax-604 |
---|
748 | 748 | | exempt proceeds fund and used not later than sixty days after 605 |
---|
749 | 749 | | repayment to pay debt service on, including redemption, defeasance or 606 |
---|
750 | 750 | | purchase of, outstanding bonds of the state the interest on which is not 607 |
---|
751 | 751 | | included in gross income pursuant to Section 103 of the Internal 608 |
---|
752 | 752 | | Revenue Code of 1986, or any subsequent corresponding internal 609 |
---|
753 | 753 | | revenue code of the United States, as from time to time amended.] 610 |
---|
754 | 754 | | Sec. 14. Subsection (b) of section 22a-260a of the general statutes is 611 |
---|
755 | 755 | | repealed and the following is substituted in lieu thereof (Effective July 1, 612 |
---|
756 | 756 | | 2023): 613 |
---|
757 | 757 | | (b) Wherever the words "Connecticut Resources Recovery Authority" 614 |
---|
758 | 758 | | are used in any public or special act of 2014 or in the following sections 615 |
---|
759 | 759 | | of the general statutes, the words "Materials Innovation and Recycling 616 |
---|
760 | 760 | | Authority" shall be substituted in lieu thereof: 1-79, 1-120, 1-124, 1-125, 617 |
---|
761 | 761 | | [3-24d, 3-24f,] 7-329a, 12-412, 12-459, 16-1, 16-245, 16-245b, 22a-208a, 22a-618 |
---|
762 | 762 | | 208v, 22a-209h, 22a-219b, 22a-220, 22a-241, 22a-260, 22a-261, 22a-263a, 619 |
---|
763 | 763 | | 22a-263b, 22a-268a, 22a-268b, 22a-270a, 22a-272a, 22a-282, 22a-283, 22a-620 |
---|
764 | 764 | | 284, 32-1e and 32-658. 621 |
---|
765 | 765 | | Sec. 15. Subdivision (1) of subsection (a) of section 32-11f of the 622 |
---|
766 | 766 | | general statutes is repealed and the following is substituted in lieu 623 |
---|
767 | 767 | | thereof (Effective July 1, 2023): 624 |
---|
768 | 768 | | (a) (1) Wherever the term "Connecticut Development Authority" is 625 |
---|
769 | 769 | | used in the following sections of the general statutes, the term 626 |
---|
770 | 770 | | "Connecticut Innovations, Incorporated" shall be substituted in lieu 627 |
---|
771 | 771 | | thereof: [3-24d, 3-24f,] 3-99d, 8-134, 8-134a, 8-192, 8-192a, 8-240m, 13b-628 Bill No. 1227 |
---|
772 | 772 | | |
---|
773 | 773 | | |
---|
776 | 776 | | 21 of 21 |
---|
777 | 777 | | |
---|
778 | 778 | | 79w, 16-243v, 22a-134, 22a-173, 22a-259, 22a-264, 25-33a, 32-1l, 32-3, 32-629 |
---|
779 | 779 | | 4l, 32-6j, 32-9c, 32-9n, 32-9qq, 32-22b, 32-23l, 32-23o, 32-23q, 32-23r, 32-630 |
---|
780 | 780 | | 23s, 32-23t, 32-23v, 32-23x, 32-23z, 32-23aa, 32-23qq, 32-23ss, 32-23tt, 32-631 |
---|
781 | 781 | | 31a, 32-61, 32-68a, 32-141, 32-222, 32-223, 32-227, 32-244, 32-244a, 32-262, 632 |
---|
782 | 782 | | 32-263, 32-265, 32-266, 32-285, 32-341, 32-477, 32-500, 32-503, 32-609, 32-633 |
---|
783 | 783 | | 761, 32-763 and 32-768. 634 |
---|
784 | 784 | | Sec. 16. Sections 3-24a to 3-24h, inclusive, of the general statutes are 635 |
---|
785 | 785 | | repealed. (Effective July 1, 2023) 636 |
---|
786 | 786 | | This act shall take effect as follows and shall amend the following |
---|
787 | 787 | | sections: |
---|
788 | 788 | | |
---|
789 | 789 | | Section 1 from passage 8-169oo |
---|
790 | 790 | | Sec. 2 from passage 8-169qq |
---|
791 | 791 | | Sec. 3 from passage New section |
---|
792 | 792 | | Sec. 4 July 1, 2023 3-20(x) |
---|
793 | 793 | | Sec. 5 July 1, 2023 3-37(a) |
---|
794 | 794 | | Sec. 6 July 1, 2023 3-62h(q) |
---|
795 | 795 | | Sec. 7 July 1, 2023 7-406n(d) |
---|
796 | 796 | | Sec. 8 July 1, 2023 8-169jj(b)(9) |
---|
797 | 797 | | Sec. 9 July 1, 2023 8-336o(b) |
---|
798 | 798 | | Sec. 10 July 1, 2023 32-7o(b) |
---|
799 | 799 | | Sec. 11 July 1, 2023 32-602(b)(6) |
---|
800 | 800 | | Sec. 12 from passage 10-63b |
---|
801 | 801 | | Sec. 13 July 1, 2023 10-283(a)(3) |
---|
802 | 802 | | Sec. 14 July 1, 2023 22a-260a(b) |
---|
803 | 803 | | Sec. 15 July 1, 2023 32-11f(a)(1) |
---|
804 | 804 | | Sec. 16 July 1, 2023 Repealer section |
---|
805 | 805 | | |
---|
806 | 806 | | GAE Joint Favorable |
---|