Connecticut 2023 Regular Session

Connecticut Senate Bill SB01227 Compare Versions

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77 General Assembly Raised Bill No. 1227
88 January Session, 2023
99 LCO No. 5539
1010
1111
1212 Referred to Committee on GOVERNMENT
1313 ADMINISTRATION AND ELECTIONS
1414
1515
1616 Introduced by:
1717 (GAE)
1818
1919
2020
2121 AN ACT CONCERNING THE BONDING AUTHORITY OF THE
2222 CONNECTICUT MUNICIPAL REDEVELOPMENT AUTHORITY, THE
2323 REPORTING OF MATERIAL FINANCIAL OBLIGATIONS BY STATE
2424 AGENCIES, TAX-EXEMPT PROCEEDS FUND REFERENCES, AND
2525 THE NOTIFICATION OF THE SALE OR LEASE OF PROJECTS
2626 FINANCED WITH BOND PROCEEDS.
2727 Be it enacted by the Senate and House of Representatives in General
2828 Assembly convened:
2929
3030 Section 1. Section 8-169oo of the general statutes is repealed and the 1
3131 following is substituted in lieu thereof (Effective from passage): 2
3232 (a) The board of directors of the Connecticut Municipal 3
3333 Redevelopment Authority is authorized from time to time to issue its 4
3434 bonds, notes and other obligations in such principal amounts as in the 5
3535 opinion of the board shall be necessary to provide sufficient funds for 6
3636 carrying out the purposes set forth in section 8-169jj, as amended by this 7
3737 act, including the payment, funding or refunding of the principal of, or 8
3838 interest or redemption premiums on, any bonds, notes and other 9
3939 obligations issued by it, whether the bonds, notes or other obligations 10
4040 or interest to be funded or refunded have or have not become due, the 11 Bill No. 1227
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4747 establishment of reserves to secure such bonds, notes and other 12
4848 obligations, loans made by the authority and all other expenditures of 13
4949 the authority incident to and necessary or convenient to carry out the 14
5050 purposes set forth in section 8-169jj, as amended by this act. 15
5151 (b) Every issue of bonds, notes or other obligations shall be a general 16
5252 obligation of the authority payable out of any moneys or revenues of the 17
5353 authority and subject only to any agreements with the holders of 18
5454 particular bonds, notes or other obligations pledging any particular 19
5555 moneys or revenues. Any such bonds, notes or other obligations may be 20
5656 additionally secured by any grant or contributions from any 21
5757 department, agency or instrumentality of the United States or person or 22
5858 a pledge of any moneys, income or revenues of the authority from any 23
5959 source whatsoever. 24
6060 (c) Notwithstanding any other provision of any law, any bonds, notes 25
6161 or other obligations issued by the authority pursuant to this section shall 26
6262 be fully negotiable within the meaning and for all purposes of title 42a. 27
6363 Any such bonds, notes or other obligations shall be legal investments 28
6464 for all trust companies, banks, investment companies, savings banks, 29
6565 building and loan associations, executors, administrators, guardians, 30
6666 conservators, trustees and other fiduciaries and pension, profit-sharing 31
6767 and retirement funds. 32
6868 (d) Bonds, notes or other obligations of the authority shall be 33
6969 authorized by resolution of the board of directors of the authority and 34
7070 may be issued in one or more series and shall bear such date or dates, 35
7171 mature at such time or times, in the case of any such note, or any renewal 36
7272 thereof, not exceeding the term of years as the board shall determine 37
7373 from the date of the original issue of such notes, and, in the case of 38
7474 bonds, not exceeding thirty years from the date thereof, bear interest at 39
7575 such rate or rates, be in such denomination or denominations, be in such 40
7676 form, either coupon or registered, carry such conversion or registration 41
7777 privileges, have such rank or priority, be executed in such manner, be 42
7878 payable from such sources in such medium of payment at such place or 43
7979 places within or without this state, and be subject to such terms of 44 Bill No. 1227
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8686 redemption, with or without premium, as such resolution or resolutions 45
8787 may provide. 46
8888 (e) Bonds, notes or other obligations of the authority may be sold at 47
8989 public or private sale at such price or prices as the board shall determine. 48
9090 (f) Bonds, notes or other obligations of the authority may be refunded 49
9191 and renewed from time to time as may be determined by resolution of 50
9292 the board, provided any such refunding or renewal shall be in 51
9393 conformity with any rights of the holders of such bonds, notes or other 52
9494 obligations. 53
9595 (g) [Except as provided in section 8-169qq, bonds] Bonds, notes or 54
9696 other obligations of the authority issued under the provisions of this 55
9797 section shall not be deemed to constitute a debt or liability of the state 56
9898 or of any political subdivision thereof other than the authority, or a 57
9999 pledge of the faith and credit of the state or of any such political 58
100100 subdivision other than the authority, and shall not constitute bonds or 59
101101 notes issued or guaranteed by the state within the meaning of section 3-60
102102 21, but shall be payable solely from the funds as provided in this section. 61
103103 All such bonds, notes or other obligations shall contain on the face 62
104104 thereof a statement to the effect that, unless otherwise provided by law, 63
105105 neither the state of Connecticut nor any political subdivision thereof 64
106106 other than the authority shall be obligated to pay the same or the interest 65
107107 thereof except from revenues or other funds of the authority and that 66
108108 neither the faith and credit nor the taxing power of the state of 67
109109 Connecticut or of any political subdivision thereof other than the 68
110110 authority is pledged to the payment of the principal of, or the interest 69
111111 on, such bonds, notes or other obligations. 70
112112 (h) Any resolution or resolutions authorizing the issuance of bonds, 71
113113 notes or other obligations may contain provisions, except as limited by 72
114114 existing agreements with the holders of bonds, notes or other 73
115115 obligations, which shall be a part of the contract with the holders 74
116116 thereof, as to the following: (1) The pledging of all or any part of the 75
117117 moneys received by the authority to secure the payment of the principal 76 Bill No. 1227
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124124 of and interest on any bonds, notes or other obligations or of any issue 77
125125 thereof; (2) the pledging of all or part of the assets of the authority to 78
126126 secure the payment of the principal of and interest on any bonds, notes 79
127127 or other obligations or of any issue thereof; (3) the establishment of 80
128128 reserves or sinking funds, the making of charges and fees to provide for 81
129129 the same, and the regulation and disposition thereof; (4) limitations on 82
130130 the purpose to which the proceeds of sale of bonds, notes or other 83
131131 obligations may be applied and pledging such proceeds to secure the 84
132132 payment of the bonds, notes or other obligations, or of any issues 85
133133 thereof; (5) limitations on the issuance of additional bonds, notes or 86
134134 other obligations, the terms upon which additional bonds, bond 87
135135 anticipation notes or other obligations may be issued and secured, the 88
136136 refunding or purchase of outstanding bonds, notes or other obligations 89
137137 of the authority; (6) the procedure, if any, by which the terms of any 90
138138 contract with the holders of any bonds, notes or other obligations of the 91
139139 authority may be amended or abrogated, the amount of bonds, notes or 92
140140 other obligations the holders of which must consent thereto and the 93
141141 manner in which such consent may be given; (7) limitations on the 94
142142 amount of moneys to be expended by the authority for operating, 95
143143 administrative or other expenses of the authority; (8) the vesting in a 96
144144 trustee or trustees of such property, rights, powers and duties in trust as 97
145145 the authority may determine, which may include any or all of the rights, 98
146146 powers and duties of any trustee appointed by the holders of any bonds, 99
147147 notes or other obligations and limiting or abrogating the right of the 100
148148 holders of any bonds, notes or other obligations of the authority to 101
149149 appoint a trustee or limiting the rights, powers and duties of such 102
150150 trustee; (9) provision for a trust agreement by and between the authority 103
151151 and a corporate trustee which may be any trust company or bank having 104
152152 the powers of a trust company within or without the state, which 105
153153 agreement may provide for the pledging or assigning of any assets or 106
154154 income from assets to which or in which the authority has any rights or 107
155155 interest, and may further provide for such other rights and remedies 108
156156 exercisable by the trustee as may be proper for the protection of the 109
157157 holders of any bonds, notes or other obligations of the authority and not 110
158158 otherwise in violation of law. Such agreement may provide for the 111 Bill No. 1227
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165165 restriction of the rights of any individual holder of bonds, notes or other 112
166166 obligations of the authority. All expenses incurred in carrying out the 113
167167 provisions of such trust agreement may be treated as a part of the cost 114
168168 of operation of the authority. The trust agreement may contain any 115
169169 further provisions which are reasonable to delineate further the 116
170170 respective rights, duties, safeguards, responsibilities and liabilities of 117
171171 the authority, individual and collective holders of bonds, notes and 118
172172 other obligations of the authority and the trustees; (10) covenants to do 119
173173 or refrain from doing such acts and things as may be necessary or 120
174174 convenient or desirable in order to better secure any bonds, notes or 121
175175 other obligations of the authority, or which, in the discretion of the 122
176176 authority, will tend to make any bonds, notes or other obligations to be 123
177177 issued more marketable, notwithstanding that such covenants, acts or 124
178178 things may not be enumerated herein; and (11) any other matters of like 125
179179 or different character, which in any way affect the security or protection 126
180180 of the bonds, notes or other obligations. 127
181181 (i) Any pledge made by the authority of income, revenues or other 128
182182 property shall be valid and binding from the time the pledge is made. 129
183183 The income, revenue, such state taxes as the authority shall be entitled 130
184184 to receive or other property so pledged and thereafter received by the 131
185185 authority shall immediately be subject to the lien of such pledge without 132
186186 any physical delivery thereof or further act, and the lien of any such 133
187187 pledge shall be valid and binding as against all parties having claims of 134
188188 any kind in tort, contract or otherwise against the authority, irrespective 135
189189 of whether such parties have notice thereof. 136
190190 (j) The board of directors of the authority is authorized and 137
191191 empowered to obtain from any department, agency or instrumentality 138
192192 of the United States any insurance or guarantee as to, or of or for the 139
193193 payment or repayment of, interest or principal or both, or any part 140
194194 thereof, on any bonds, notes or other obligations issued by the authority 141
195195 pursuant to the provisions of this section and, notwithstanding any 142
196196 other provisions of sections 8-169ii to 8-169ss, inclusive, to enter into any 143
197197 agreement, contract or any other instrument whatsoever with respect to 144 Bill No. 1227
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204204 any such insurance or guarantee except to the extent that such action 145
205205 would in any way impair or interfere with the authority's ability to 146
206206 perform and fulfill the terms of any agreement made with the holders 147
207207 of the bonds, bond anticipation notes or other obligations of the 148
208208 authority. 149
209209 [(k) Neither the members of the board of directors of the authority 150
210210 nor any person executing bonds, notes or other obligations of the 151
211211 authority issued pursuant to this section shall be liable personally on 152
212212 such bonds, notes or other obligations or be subject to any personal 153
213213 liability or accountability by reason of the issuance thereof, nor shall any 154
214214 director, officer or employee of the authority be personally liable for 155
215215 damage or injury caused in the performance of such director, officer or 156
216216 employee's duties and within the scope of employment or appointment 157
217217 as such director, officer or employee, provided the conduct of such 158
218218 director, officer or employee was found not to have been wanton, 159
219219 reckless, wilful or malicious. The authority shall protect, save harmless 160
220220 and indemnify its directors, officers or employees from financial loss 161
221221 and expense, including legal fees and costs, if any, arising out of any 162
222222 claim, demand, suit or judgment by reason of alleged negligence or 163
223223 alleged deprivation of any person's civil rights or any other act or 164
224224 omission resulting in damage or injury, if the director, officer or 165
225225 employee is found to have been acting in the discharge of his or her 166
226226 duties or within the scope of his or her employment and such act or 167
227227 omission is found not to have been wanton, reckless, wilful or 168
228228 malicious.] 169
229229 [(l)] (k) The board of directors of the authority [shall have power to] 170
230230 may purchase bonds, notes or other obligations of the authority out of 171
231231 any funds available for such purpose. The authority may hold, cancel or 172
232232 resell such bonds, notes or other obligations subject to and in accordance 173
233233 with agreements with holders of its bonds, notes and other obligations. 174
234234 [(m)] (l) All moneys received pursuant to the authority of this section, 175
235235 whether as proceeds from the sale of bonds or as revenues, shall be 176
236236 deemed to be trust funds to be held and applied solely as provided in 177 Bill No. 1227
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243243 this section. Any officer with whom, or any bank or trust company with 178
244244 which, such moneys shall be deposited shall act as trustee of such 179
245245 moneys and shall hold and apply the same for the purposes of section 180
246246 8-169jj, as amended by this act, and the resolution authorizing the bonds 181
247247 of any issue or the trust agreement securing such bonds may provide. 182
248248 [(n)] (m) Any holder of bonds, notes or other obligations issued under 183
249249 the provisions of this section, and the trustee or trustees under any trust 184
250250 agreement, except to the extent the rights herein given may be restricted 185
251251 by any resolution authorizing the issuance of or any such trust 186
252252 agreement securing such bonds, may, either at law or in equity, by suit, 187
253253 action, mandamus or other proceeding, protect and enforce any and all 188
254254 rights under the laws of the state or granted under this section or under 189
255255 such resolution or trust agreement and may enforce and compel the 190
256256 performance of all duties required by this section or by such resolution 191
257257 or trust agreement to be performed by the authority or by any officer, 192
258258 employee or agent of the authority, including the fixing, charging and 193
259259 collecting of the rates, rents, fees and charges herein authorized and 194
260260 required by the provisions of such resolution or trust agreement to be 195
261261 fixed, established and collected. 196
262262 [(o)] (n) The authority may make representations and agreements for 197
263263 the benefit of the holders of any bonds, notes or other obligations of the 198
264264 state which are necessary or appropriate to ensure the exclusion from 199
265265 gross income for federal income tax purposes of interest on bonds, notes 200
266266 or other obligations of the state from taxation under the Internal 201
267267 Revenue Code of 1986 or any subsequent corresponding internal 202
268268 revenue code of the United States, as amended from time to time, 203
269269 including agreement to pay rebates to the federal government of 204
270270 investment earnings derived from the investment of the proceeds of the 205
271271 bonds, notes or other obligations of the authority. Any such agreement 206
272272 may include: (1) A covenant to pay rebates to the federal government of 207
273273 investment earnings derived from the investment of the proceeds of the 208
274274 bonds, notes or other obligations of the authority; (2) a covenant that the 209
275275 authority will not limit or alter its rebate obligations until its obligations 210 Bill No. 1227
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282282 to the holders or owners of such bonds, notes or other obligations are 211
283283 finally met and discharged; and (3) provisions to (A) establish trust and 212
284284 other accounts which may be appropriate to carry out such 213
285285 representations and agreements, (B) retain fiscal agents as depositories 214
286286 for such funds and accounts, and (C) provide that such fiscal agents may 215
287287 act as trustee of such funds and accounts. 216
288288 Sec. 2. Section 8-169qq of the general statutes is repealed and the 217
289289 following is substituted in lieu thereof (Effective from passage): 218
290290 [(a) The state shall protect, save harmless and indemnify the 219
291291 directors, officers and employees of the Connecticut Municipal 220
292292 Redevelopment Authority from financial loss and expenses, including 221
293293 legal fees and costs, if any, arising out of any claim, demand, suit or 222
294294 judgment based upon any alleged act or omission of any such director, 223
295295 officer or employee in connection with, or any other legal challenge to, 224
296296 authority development projects within a Connecticut Municipal 225
297297 Redevelopment Authority development district, provided any such 226
298298 director, officer or employee is found to have been acting in the 227
299299 discharge of such director, officer or employee's duties or within the 228
300300 scope of such director, officer or employee's employment and any such 229
301301 act or omission is found not to have been wanton, reckless, wilful or 230
302302 malicious. 231
303303 (b) In the event any bond, note or other obligation of the authority 232
304304 cannot be paid by the authority, the state shall assume the liability of 233
305305 and make payment on such debt.] 234
306306 (a) For the purposes of this section, "required minimum capital 235
307307 reserve" means the maximum amount permitted to be deposited in a 236
308308 special capital reserve fund by the Internal Revenue Code of 1986, or 237
309309 any subsequent corresponding internal revenue code of the United 238
310310 States, as amended from time to time, to permit the interest on the bonds 239
311311 of the Connecticut Municipal Redevelopment Authority secured by 240
312312 such special capital reserve fund to be excluded from gross income for 241
313313 federal tax purposes. 242 Bill No. 1227
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320320 (b) The authority may, in connection with the issuance of bonds, the 243
321321 refunding of bonds previously issued by the authority or the issuance 244
322322 of bonds to effect a refinancing or other restructuring with respect to one 245
323323 or more projects, establish one or more special capital reserve funds. The 246
324324 authority may pay into such special capital reserve funds (1) any 247
325325 moneys appropriated and made available by the state for the purposes 248
326326 of such special capital reserve funds, (2) any proceeds of the sale of 249
327327 bonds or notes of the authority, to the extent provided in the resolution 250
328328 of said authority authorizing the issuance of such bonds or notes, and 251
329329 (3) any moneys made available to the authority from any other source 252
330330 for the purposes of such special capital reserve funds. The amount of 253
331331 bonds of the authority secured by special capital reserve funds shall not 254
332332 exceed fifty million dollars in the aggregate. 255
333333 (c) (1) Except as otherwise provided in this section, the moneys held 256
334334 in or credited to any special capital reserve fund established under this 257
335335 section shall be used for: 258
336336 (A) The payment of the principal and interest as such payments 259
337337 become due, whether due at maturity or by mandatory sinking fund 260
338338 installments, on bonds of the authority secured by such special capital 261
339339 reserve fund; or 262
340340 (B) The purchase of such bonds and the payment of any redemption 263
341341 premium required to be paid when such bonds are redeemed prior to 264
342342 maturity, including reimbursement of a provider of bond insurance or 265
343343 of a credit or liquidity facility that has paid such redemption premium. 266
344344 (2) The authority may prohibit, except for the purpose of paying the 267
345345 principal of and interest and redemption premium on bonds of the 268
346346 authority secured by a special capital reserve fund for which other 269
347347 moneys of the authority are not available, the withdrawal of moneys in 270
348348 any special capital reserve fund in an amount that would result in the 271
349349 balance of such special capital reserve fund being less than (A) the 272
350350 maximum amount of principal and interest becoming due by reason of 273
351351 maturity or a required sinking fund installment on the bonds of the 274 Bill No. 1227
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358358 authority outstanding in the then current or any succeeding calendar 275
359359 year, or (B) the required minimum capital reserve. 276
360360 (3) The authority may provide at any time that it shall not issue bonds 277
361361 secured by a special capital reserve fund if the required minimum 278
362362 capital reserve on the bonds outstanding and the bonds to be issued and 279
363363 secured by the same special capital reserve fund at the time of issuance 280
364364 exceeds the moneys in the special capital reserve fund, unless the 281
365365 authority deposits proceeds from the bonds to be issued or moneys from 282
366366 other sources into such special capital reserve fund, in an amount that, 283
367367 together with the amount then in such special capital reserve fund, will 284
368368 be not less than the required minimum capital reserve. 285
369369 (d) (1) (A) Prior to December first, annually, the authority shall 286
370370 deposit, for any special capital reserve fund for which the balance is 287
371371 below the required minimum capital reserve, the full amount required 288
372372 to meet the required minimum capital reserve for such special capital 289
373373 reserve fund. Such deposit shall be made from any resources available 290
374374 to the authority not otherwise pledged or dedicated to another purpose. 291
375375 (B) On or prior to December first, annually, but after the authority has 292
376376 made any deposits required under subparagraph (A) of this 293
377377 subdivision, there shall be deemed appropriated from the General Fund 294
378378 any sums necessary to restore the balance of each such special capital 295
379379 reserve fund to the required minimum capital reserve amount. The 296
380380 amount of any such sum shall be allotted and paid to the authority upon 297
381381 the certification of such sum by the chairperson or vice-chairperson of 298
382382 the authority to the Secretary of the Office of Policy and Management, 299
383383 the Treasurer and the joint standing committees of the General 300
384384 Assembly having cognizance of matters relating to planning and 301
385385 development and finance, revenue and bonding. 302
386386 (C) For the purposes of this subdivision, obligations acquired as an 303
387387 investment for any special capital reserve fund shall be valued at 304
388388 amortized cost. 305 Bill No. 1227
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395395 (2) Subject to any agreement or agreements with holders of 306
396396 outstanding bonds or notes of the authority, any amount allotted and 307
397397 paid to the authority pursuant to subdivision (1) of this subsection shall 308
398398 be repaid to the state from moneys of the authority, at such time as such 309
399399 moneys are not required for any other corporate purposes of the 310
400400 authority. Such repayment shall occur not later than one year after the 311
401401 date the following liabilities are met and fully discharged by the 312
402402 authority: (A) All bonds and notes of the authority that were issued 313
403403 before, on or after the date such allotted amount was paid to the 314
404404 authority; (B) all interest on such bonds and notes and on any unpaid 315
405405 installments of interest; and (C) all costs and expenses incurred in 316
406406 connection with any action or proceeding by or on behalf of the holders 317
407407 of such bonds or notes. 318
408408 (e) (1) The authority shall not issue bonds secured by a special capital 319
409409 reserve fund until and unless: 320
410410 (A) The authority has determined, and has provided such 321
411411 determination to the Secretary of the Office of Policy and Management 322
412412 or the secretary's deputy and to the Treasurer or the Deputy Treasurer, 323
413413 that the revenues from the project shall be sufficient to (i) pay the 324
414414 principal of and interest on the bonds issued to finance the project, (ii) 325
415415 establish, increase and maintain any reserves deemed advisable by the 326
416416 authority to secure the payment of the principal of and interest on such 327
417417 bonds, (iii) pay the cost of maintaining the project in good repair and 328
418418 properly insured, and (iv) pay such other costs of the project as may be 329
419419 required; 330
420420 (B) The issuance has been approved by the Secretary of the Office of 331
421421 Policy and Management or the secretary's deputy; and 332
422422 (C) The authority has provided the documentation required under 333
423423 subsection (a) of section 1-124 to the Treasurer or the Deputy Treasurer 334
424424 and the issuance has been approved by the Treasurer or the Deputy 335
425425 Treasurer pursuant to said subsection. 336 Bill No. 1227
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432432 (2) The approval by the Secretary of the Office of Policy and 337
433433 Management or the secretary's deputy may provide for the waiver or 338
434434 modification of the requirements of this section as the secretary deems 339
435435 necessary or appropriate to effectuate such issuance, subject to any 340
436436 applicable tax covenants of the authority and the state. 341
437437 (f) Nothing in this section shall preclude the authority from 342
438438 establishing other debt service reserve funds that are not special capital 343
439439 reserve funds in connection with the issuance of bonds or notes of the 344
440440 authority. 345
441441 Sec. 3. (NEW) (Effective from passage) (a) As used in this section, (1) 346
442442 "person" means any (A) state officer, (B) state agency, department, board 347
443443 or commission, or (C) state employee, or any agent thereof. "Person" 348
444444 includes The University of Connecticut Health Care Finance 349
445445 Corporation, and (2) "financial obligation" has the same meaning as 350
446446 provided in 17 CFR 240.15c2-12, as amended from time to time. 351
447447 (b) (1) Before any person incurs any financial obligation of the state 352
448448 or enters into any agreement to covenants, events of default, remedies, 353
449449 priority rights or other similar terms in connection with a financial 354
450450 obligation of the state, where such financial obligation (A) is in excess of 355
451451 one million dollars, or (B) encumbers property or rights of the state 356
452452 material to the operations of the state, such person shall notify the 357
453453 Treasurer of such proposed financial obligation or agreement and 358
454454 submit any documents pursuant to which such financial obligation is to 359
455455 be incurred or such agreement is to be entered into. No such person shall 360
456456 incur any such financial obligation or enter into any such agreement 361
457457 until such person has received a written acknowledgment pursuant to 362
458458 subdivision (2) of this subsection. 363
459459 (2) Upon receipt of such notification and documents, the Treasurer 364
460460 shall determine whether the information provided is adequate for the 365
461461 Treasurer to timely meet required disclosure obligations under federal 366
462462 securities law. The Treasurer may request additional information the 367
463463 Treasurer deems necessary to make such determination. Upon the 368 Bill No. 1227
464464
465465
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470470 Treasurer's satisfaction that adequate information has been provided for 369
471471 the Treasurer to timely meet required disclosure obligations under 370
472472 federal securities law, the Treasurer or the Treasurer's designee shall 371
473473 provide written acknowledgment to the person seeking to incur such 372
474474 financial obligation or enter into such agreement. The Treasurer may 373
475475 establish, and revise from time to time, exemptions from such 374
476476 notification and submission requirements as the Treasurer determines 375
477477 are consistent with the state's disclosure obligations under federal 376
478478 securities law. 377
479479 Sec. 4. Subsection (x) of section 3-20 of the general statutes is repealed 378
480480 and the following is substituted in lieu thereof (Effective July 1, 2023): 379
481481 (x) Notwithstanding any provision of the general statutes, public acts 380
482482 or special acts, [upon] any sale, lease or other disposition to or use by a 381
483483 nongovernmental entity of all or a portion of any project financed with 382
484484 proceeds of bonds of the state the interest on which is not included in 383
485485 gross income pursuant to Section 103 of the Internal Revenue Code of 384
486486 1986, or any subsequent corresponding internal revenue code of the 385
487487 United States, as amended from time to time, [amended,] that would 386
488488 otherwise cause such bonds to be treated as private activity bonds 387
489489 within the meaning of Section 141 of said internal revenue code [, the] 388
490490 shall be subject to the prior approval of the Treasurer. The Treasurer is 389
491491 authorized to transfer all or a portion of the proceeds received with 390
492492 respect to and at the time of such disposition or use, in an amount not 391
493493 less than the amount required by said internal revenue code to preserve 392
494494 the exclusion from gross income of interest on such bonds, (1) to the 393
495495 General Fund to pay debt service on, including redemption, defeasance 394
496496 or purchase of, outstanding bonds of the state the interest on which is 395
497497 not included in gross income pursuant to Section 103 of said internal 396
498498 revenue code, (2) with the approval of the State Bond Commission, in 397
499499 lieu of the issuance of bonds, to the appropriate account or fund for any 398
500500 projects or purposes authorized by the State Bond Commission 399
501501 pursuant to a bond act and with the same force and effect as bond 400
502502 proceeds, thereby reducing the authority to issue bonds by such dollar 401 Bill No. 1227
503503
504504
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509509 amount, provided in any event that any such transfer does not cause the 402
510510 interest on the subject bonds to become included in gross income 403
511511 pursuant to Section 103 of said internal revenue code. 404
512512 Sec. 5. Subsection (a) of section 3-37 of the general statutes is repealed 405
513513 and the following is substituted in lieu thereof (Effective July 1, 2023): 406
514514 (a) The Treasurer shall, annually, on or before December thirty-first, 407
515515 submit a final audited report to the Governor and a copy of such report 408
516516 to the Investment Advisory Council, which shall include the following 409
517517 information concerning the activities of the office of the State Treasurer 410
518518 for the immediately preceding fiscal year ending June thirtieth: (1) 411
519519 Complete financial statements and accompanying footnotes for the 412
520520 combined investment funds prepared in accordance with generally 413
521521 accepted accounting principles, which financial statements shall be 414
522522 audited in accordance with generally accepted auditing standards and 415
523523 supplementary schedules depicting the interests of the component 416
524524 retirement plans and trust funds; (2) complete financial statements and 417
525525 accompanying footnotes for the Short Term Investment Fund prepared 418
526526 in accordance with generally accepted accounting principles and 419
527527 supplementary schedules listing all assets held by the Short Term 420
528528 Investment Fund; (3) a discussion and review of the performance of the 421
529529 combined investment funds and Short Term Investment Fund for such 422
530530 fiscal year in accordance with recognized and appropriate performance 423
531531 presentation and disclosure, including an analysis of the return earned 424
532532 by the portfolio and each combined investment fund as well as the risk 425
533533 profile of the portfolio and each combined investment fund according 426
534534 to investment industry standards; (4) the activities and transactions in 427
535535 such reasonable detail as is appropriate of the cash management 428
536536 division including information on the state's cash receipts and 429
537537 disbursements for the fiscal year, and the debt management division; 430
538538 [including the financial statements of the tax-exempt proceeds fund 431
539539 prepared in accordance with generally accepted accounting principles;] 432
540540 (5) financial statements and accompanying footnotes as well as a 433
541541 summary of operating results for the Second Injury Fund for such fiscal 434 Bill No. 1227
542542
543543
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548548 year; (6) a financial summary and report on the activities of the state's 435
549549 unclaimed property program for such fiscal year; (7) a listing of the 436
550550 companies from which state funds were divested based upon such 437
551551 companies' business in Sudan, pursuant to the provisions of section 3-438
552552 21e, and any companies identified by the Treasurer as companies from 439
553553 which investment of state funds has been declared impermissible by the 440
554554 Treasurer, pursuant to the provisions of section 3-21e; and (8) such other 441
555555 information as the Treasurer deems of interest to the public. 442
556556 Sec. 6. Subsection (q) of section 3-62h of the general statutes is 443
557557 repealed and the following is substituted in lieu thereof (Effective July 1, 444
558558 2023): 445
559559 (q) Any moneys held by the Treasurer or by a trustee pursuant to an 446
560560 indenture of trust with respect to abandoned property fund bonds 447
561561 including pledged revenues, other pledged receipts, funds or moneys 448
562562 and proceeds from the sale of such abandoned property fund bonds, 449
563563 may, pending the use or application of the proceeds thereof for an 450
564564 authorized purpose, be (1) invested and reinvested in such obligations, 451
565565 securities and investments as are set forth in subsection (f) of section 3-452
566566 20 [,] and in participation certificates in the Short Term Investment 453
567567 Funds created under sections 3-27a and 3-27f, [and in participation 454
568568 certificates or securities of the Tax-Exempt Proceeds Fund created under 455
569569 section 3-24a] or (2) deposited or redeposited in such bank or banks as 456
570570 shall be provided in the proceedings. Unless the proceedings provide 457
571571 otherwise, proceeds from investments authorized by this subsection, 458
572572 less amounts required under the proceedings authorizing the issuance 459
573573 of abandoned property fund bonds for the payment of Special 460
574574 Abandoned Property Fund financing costs relating to such abandoned 461
575575 property fund bonds, shall be credited to the Special Abandoned 462
576576 Property Fund. 463
577577 Sec. 7. Subsection (d) of section 7-406n of the general statutes is 464
578578 repealed and the following is substituted in lieu thereof (Effective July 1, 465
579579 2023): 466 Bill No. 1227
580580
581581
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586586 (d) Any moneys held by the Treasurer or by a trustee pursuant to an 467
587587 indenture of trust with respect to municipal pension solvency account 468
588588 bonds including pledged revenues, other pledged receipts, funds or 469
589589 moneys and proceeds from the sale of such municipal pension solvency 470
590590 account bonds, may, pending the use or application of such proceeds 471
591591 for an authorized purpose, be (1) invested and reinvested in such 472
592592 obligations, securities and investments as are set forth in subsection (f) 473
593593 of section 3-20 [,] and in participation certificates in the Short Term 474
594594 Investment Funds created under sections 3-27a and 3-27f, [and in 475
595595 participation certificates or securities of the Tax-Exempt Proceeds Fund 476
596596 created under section 3-24a,] or (2) deposited or redeposited in such 477
597597 bank or banks as shall be provided in the proceedings authorizing the 478
598598 issuance of municipal pension solvency account bonds. Unless the 479
599599 proceedings provide otherwise, proceeds from investments authorized 480
600600 by this subsection, less amounts required under the proceedings for the 481
601601 payment of municipal pension solvency loan costs relating to such 482
602602 municipal pension solvency account bonds, shall be credited to the 483
603603 municipal pension solvency account. 484
604604 Sec. 8. Subdivision (9) of subsection (b) of section 8-169jj of the general 485
605605 statutes is repealed and the following is substituted in lieu thereof 486
606606 (Effective July 1, 2023): 487
607607 (9) Invest any funds not needed for immediate use or disbursement 488
608608 in obligations issued or guaranteed by the United States or the state, 489
609609 including the Short Term Investment Fund, [and the Tax-Exempt 490
610610 Proceeds Fund,] and in other obligations that are legal investments for 491
611611 savings banks in this state, and in-time deposits or certificates of deposit 492
612612 or other similar banking arrangements secured in such manner as the 493
613613 authority determines; 494
614614 Sec. 9. Subsection (b) of section 8-336o of the general statutes is 495
615615 repealed and the following is substituted in lieu thereof (Effective July 1, 496
616616 2023): 497
617617 (b) Any moneys held in the Housing Trust Fund may, pending the 498 Bill No. 1227
618618
619619
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624624 use or application of the proceeds thereof for an authorized purpose, be 499
625625 (1) invested and reinvested in such obligations, securities and 500
626626 investments as are set forth in subsection (f) of section 3-20 [,] and in 501
627627 participation certificates in the Short Term Investment Fund created 502
628628 under sections 3-27a and 3-27f, [and in participation certificates or 503
629629 securities of the Tax-Exempt Proceeds Fund created under section 3-504
630630 24a,] (2) deposited or redeposited in such bank or banks at the direction 505
631631 of the Treasurer, or (3) invested in participation units in the combined 506
632632 investment funds, as defined in section 3-31b. Unless otherwise 507
633633 provided pursuant to subsection (c) of this section, proceeds from 508
634634 investments authorized by this subsection shall be credited to the 509
635635 Housing Trust Fund. 510
636636 Sec. 10. Subsection (b) of section 32-7o of the general statutes is 511
637637 repealed and the following is substituted in lieu thereof (Effective July 1, 512
638638 2023): 513
639639 (b) Any moneys held in the Connecticut Manufacturing Innovation 514
640640 Fund may, pending the use or application of the proceeds thereof for an 515
641641 authorized purpose, be (1) invested and reinvested in such obligations, 516
642642 securities and investments as are set forth in subsection (f) of section 3-517
643643 20 [,] and in participation certificates in the Short Term Investment Fund 518
644644 created under sections 3-27a and 3-27f, [and in participation certificates 519
645645 or securities of the Tax-Exempt Proceeds Fund created under section 3-520
646646 24a,] (2) deposited or redeposited in any bank or banks, at the direction 521
647647 of the Treasurer, or (3) invested in participation units in the combined 522
648648 investment funds, as defined in section 3-31b. Proceeds from 523
649649 investments authorized by this subsection shall be credited to the 524
650650 Connecticut Manufacturing Innovation Fund. 525
651651 Sec. 11. Subdivision (6) of subsection (b) of section 32-602 of the 526
652652 general statutes is repealed and the following is substituted in lieu 527
653653 thereof (Effective July 1, 2023): 528
654654 (6) To invest any funds not needed for immediate use or 529
655655 disbursement in obligations issued or guaranteed by the United States 530 Bill No. 1227
656656
657657
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662662 of America or the state of Connecticut, including the Short Term 531
663663 Investment Fund, [and the Tax-Exempt Proceeds Fund,] and in other 532
664664 obligations which are legal investments for savings banks in this state 533
665665 and in time deposits or certificates of deposit or other similar banking 534
666666 arrangements secured in such manner as the authority determines; 535
667667 Sec. 12. Section 10-63b of the general statutes is repealed and the 536
668668 following is substituted in lieu thereof (Effective from passage): 537
669669 Within thirty days of receipt of an application pursuant to section 10-538
670670 63a the regional board of education shall call for the appointment of a 539
671671 committee to study issues relating to withdrawal or dissolution. The 540
672672 committee shall consist of the following: One member of the board of 541
673673 education of each town within the district, to be selected by each such 542
674674 board, if any, or if none, an elector to be elected by the legislative body 543
675675 in such town; one member of the board of finance or comparable fiscal 544
676676 body of each town within the district to be selected by each such board 545
677677 or body; two members of the regional board of education, to be selected 546
678678 by such board, no more than one of whom may be a resident of a town 547
679679 making the application for the appointment of the committee; one 548
680680 member to be appointed by the Commissioner of Education, who shall 549
681681 not be a resident of any town within the district; [the State Treasurer or 550
682682 the Treasurer's designee,] and one member to be appointed by the 551
683683 regional board of education, who [shall be] is an expert in municipal 552
684684 bonding and financing and who shall not be a resident of any town 553
685685 within the district. The members shall receive no compensation for their 554
686686 services, but their expenses and those incurred by the regional board in 555
687687 connection with withdrawal or dissolution procedures shall be paid by 556
688688 the towns applying for withdrawal or dissolution. The appointee of the 557
689689 Commissioner of Education shall call the first meeting of the committee, 558
690690 and the committee shall organize and function in accordance with 559
691691 section 10-41. 560
692692 Sec. 13. Subdivision (3) of subsection (a) of section 10-283 of the 561
693693 general statutes is repealed and the following is substituted in lieu 562
694694 thereof (Effective July 1, 2023): 563 Bill No. 1227
695695
696696
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700700
701701 (3) (A) All final calculations completed by the Department of 564
702702 Administrative Services for school building projects shall include a 565
703703 computation of the state grant for the school building project amortized 566
704704 on a straight line basis over a twenty-year period for school building 567
705705 projects with costs equal to or greater than two million dollars and over 568
706706 a ten-year period for school building projects with costs less than two 569
707707 million dollars. Any town or regional school district which abandons, 570
708708 sells, leases, demolishes or otherwise redirects the use of such a school 571
709709 building project to other than a public school use during such 572
710710 amortization period shall refund to the state the unamortized balance of 573
711711 the state grant remaining as of the date the abandonment, sale, lease, 574
712712 demolition or redirection occurs. The amortization period for a project 575
713713 shall begin on the date the project was accepted as complete by the local 576
714714 or regional board of education. A town or regional school district 577
715715 required to make a refund to the state pursuant to this subdivision may 578
716716 request forgiveness of such refund if the building is redirected for public 579
717717 use. The Department of Administrative Services shall include as an 580
718718 addendum to the annual school construction priority list all those towns 581
719719 requesting forgiveness. General Assembly approval of the priority list 582
720720 containing such request shall constitute approval of such request. This 583
721721 subdivision shall not apply to projects to correct safety, health and other 584
722722 code violations or to remedy certified school indoor air quality 585
723723 emergencies approved pursuant to subsection (b) of this section or 586
724724 projects subject to the provisions of section 10-285c. 587
725725 (B) If the board of governors for an independent institution of higher 588
726726 education, as defined in subsection (a) of section 10a-173, or the 589
727727 equivalent of such a board, on behalf of the independent institution of 590
728728 higher education, that operates an interdistrict magnet school makes 591
729729 private use of any portion of a school building in which such operator 592
730730 received a school building project grant pursuant to this chapter, such 593
731731 operator shall annually submit a report to the Commissioner of 594
732732 Education that demonstrates that such operator provides an equal to or 595
733733 greater than in-kind or supplemental benefit of such institution's 596
734734 facilities to students enrolled in such interdistrict magnet school that 597 Bill No. 1227
735735
736736
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741741 outweighs the private use of such school building. If the commissioner 598
742742 finds that the private use of such school building exceeds the in-kind or 599
743743 supplemental benefit to magnet school students, the commissioner may 600
744744 require such institution to refund to the state the unamortized balance 601
745745 of the state grant. 602
746746 [(C) Any moneys refunded to the state pursuant to subparagraphs 603
747747 (A) and (B) of this subdivision shall be deposited in the state's tax-604
748748 exempt proceeds fund and used not later than sixty days after 605
749749 repayment to pay debt service on, including redemption, defeasance or 606
750750 purchase of, outstanding bonds of the state the interest on which is not 607
751751 included in gross income pursuant to Section 103 of the Internal 608
752752 Revenue Code of 1986, or any subsequent corresponding internal 609
753753 revenue code of the United States, as from time to time amended.] 610
754754 Sec. 14. Subsection (b) of section 22a-260a of the general statutes is 611
755755 repealed and the following is substituted in lieu thereof (Effective July 1, 612
756756 2023): 613
757757 (b) Wherever the words "Connecticut Resources Recovery Authority" 614
758758 are used in any public or special act of 2014 or in the following sections 615
759759 of the general statutes, the words "Materials Innovation and Recycling 616
760760 Authority" shall be substituted in lieu thereof: 1-79, 1-120, 1-124, 1-125, 617
761761 [3-24d, 3-24f,] 7-329a, 12-412, 12-459, 16-1, 16-245, 16-245b, 22a-208a, 22a-618
762762 208v, 22a-209h, 22a-219b, 22a-220, 22a-241, 22a-260, 22a-261, 22a-263a, 619
763763 22a-263b, 22a-268a, 22a-268b, 22a-270a, 22a-272a, 22a-282, 22a-283, 22a-620
764764 284, 32-1e and 32-658. 621
765765 Sec. 15. Subdivision (1) of subsection (a) of section 32-11f of the 622
766766 general statutes is repealed and the following is substituted in lieu 623
767767 thereof (Effective July 1, 2023): 624
768768 (a) (1) Wherever the term "Connecticut Development Authority" is 625
769769 used in the following sections of the general statutes, the term 626
770770 "Connecticut Innovations, Incorporated" shall be substituted in lieu 627
771771 thereof: [3-24d, 3-24f,] 3-99d, 8-134, 8-134a, 8-192, 8-192a, 8-240m, 13b-628 Bill No. 1227
772772
773773
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776776 21 of 21
777777
778778 79w, 16-243v, 22a-134, 22a-173, 22a-259, 22a-264, 25-33a, 32-1l, 32-3, 32-629
779779 4l, 32-6j, 32-9c, 32-9n, 32-9qq, 32-22b, 32-23l, 32-23o, 32-23q, 32-23r, 32-630
780780 23s, 32-23t, 32-23v, 32-23x, 32-23z, 32-23aa, 32-23qq, 32-23ss, 32-23tt, 32-631
781781 31a, 32-61, 32-68a, 32-141, 32-222, 32-223, 32-227, 32-244, 32-244a, 32-262, 632
782782 32-263, 32-265, 32-266, 32-285, 32-341, 32-477, 32-500, 32-503, 32-609, 32-633
783783 761, 32-763 and 32-768. 634
784784 Sec. 16. Sections 3-24a to 3-24h, inclusive, of the general statutes are 635
785785 repealed. (Effective July 1, 2023) 636
786786 This act shall take effect as follows and shall amend the following
787787 sections:
788788
789789 Section 1 from passage 8-169oo
790790 Sec. 2 from passage 8-169qq
791791 Sec. 3 from passage New section
792792 Sec. 4 July 1, 2023 3-20(x)
793793 Sec. 5 July 1, 2023 3-37(a)
794794 Sec. 6 July 1, 2023 3-62h(q)
795795 Sec. 7 July 1, 2023 7-406n(d)
796796 Sec. 8 July 1, 2023 8-169jj(b)(9)
797797 Sec. 9 July 1, 2023 8-336o(b)
798798 Sec. 10 July 1, 2023 32-7o(b)
799799 Sec. 11 July 1, 2023 32-602(b)(6)
800800 Sec. 12 from passage 10-63b
801801 Sec. 13 July 1, 2023 10-283(a)(3)
802802 Sec. 14 July 1, 2023 22a-260a(b)
803803 Sec. 15 July 1, 2023 32-11f(a)(1)
804804 Sec. 16 July 1, 2023 Repealer section
805805
806806 GAE Joint Favorable
807-FIN Joint Favorable
808807