Sec. 3-13a. Investment department. Chief investment officer. Investment
counsel. Costs of department. (a) The Treasurer shall, with the advice and consent of
the Investment Advisory Council, appoint a chief investment officer for the Connecticut
retirement pension and trust funds, who shall serve at the pleasure of the Treasurer
and whose compensation shall be determined by the Treasurer within a salary range
established by the Treasurer in consultation with the Investment Advisory Council. The
provisions of section 4-40 shall not apply to the compensation of said officer. Said
officer shall be sworn to the faithful discharge of duties under law. Said officer shall,
under the direction of the Treasurer and subject to the provisions of sections 3-13 to 3-
13d, inclusive, and 3-31b, advise the Treasurer on investing the trust funds of the state.
Said officer shall also perform such other duties as the Treasurer may direct. In addition
to said officer, the Treasurer may appoint investment officers and other personnel to
assist said chief investment officer, which officers and other personnel shall serve at
the pleasure of the Treasurer.
(b) The Treasurer may retain professional investment counsel to evaluate and recommend to to the Treasurer changes in the portfolio of the state's trust and other funds.
Said counsel shall inform the Treasurer of suitable investment opportunities and shall
investigate the investment merit of any security or group of securities.
(c) The cost of operating the investment department including the cost of personnel
and professional investment counsel retained under sections 3-13 to 3-13d, inclusive,
and 3-31b shall be paid by the Treasurer charging the income derived from the trust
funds.
(P.A. 73-594, S. 5, 6, 8, 12; P.A. 87-518, S. 4, 5; P.A. 00-43, S. 13, 19.)
History: P.A. 87-518 substituted "assistant" treasurer for "deputy" treasurer in Subsec. (a); P.A. 00-43 amended Subsec.
(a) to change the title of assistant treasurer for investments to chief investment officer and to provide for the compensation
of said officer and amended Subsec. (b) to make a technical change for purposes of gender neutrality, effective May 3, 2000.
Sec. 3-13b. Investment Advisory Council established. Duties and powers.
State Treasurer's investment policy statement. (a) There is created an Investment
Advisory Council which shall consist of the following: (1) The Secretary of the Office
of Policy and Management who shall serve as an ex-officio member of said council;
(2) the State Treasurer who shall serve as an ex-officio member of said council; (3) five
public members all of whom shall be experienced in matters relating to investments.
The Governor, the president pro tempore of the Senate, the Senate minority leader,
the speaker of the House of Representatives and the minority leader of the House of
Representatives shall each appoint one such public member to serve for a term of four
years. No such public member or such member's business organization or affiliate shall
directly or indirectly contract with or provide any services for the investment of trust
funds of the state of Connecticut during the time of such member's service on said
council and for one year thereafter. The term of each public member in office on June
30, 1983, shall end on July 1, 1983. The appointing authority shall fill all vacancies of
the public members; (4) three representatives of the teachers' unions, and two representatives of the state employees' unions. On or before July 15, 1983, the teachers' unions
shall jointly submit to the State Treasurer a list of three nominees, and the state employees' unions or a majority thereof who represent a majority of state employees shall
jointly submit to the Treasurer a list of two nominees. On or before July 30, 1983, the
Governor shall appoint five members of the council from such lists, for terms of two
years. Any person appointed to fill a vacancy or to be a new member at the expiration
of a given term, whose predecessor in that position was either a representative of one
of the teachers' unions or one of the state employees' unions, shall also be a representative of such respective union group. Any such appointee shall be appointed by the Governor from a list of nominees submitted to the Treasurer by the teachers' unions or state
employees' unions or such majority thereof, as the case may be, within thirty days of
notification by the Treasurer of the existence of a vacancy or a prospective vacancy, or
the expiration or prospective expiration of a term. All members of the council shall serve
until their respective successors are appointed and have qualified. No public member
of the council shall serve more than two consecutive terms which commence on or after
July 1, 1983.
(b) The Governor shall designate one of the members to be chairperson of the council to serve as such at the Governor's pleasure. The Treasurer shall serve as secretary
of said council. A majority of the members of the council then in office shall constitute
a quorum for the transaction of any business, and action shall be by the vote of a majority
of the members present at a meeting. Votes by members on investment policies shall
be recorded in the minutes of each meeting. Members of said council shall not be compensated for their services but shall be reimbursed for all necessary expenses incurred
in the performance of their duties as members of said council. The council shall meet
at least once during each calendar quarter and at such other times as the chairperson
deems necessary or upon the request of a majority of the members in office. Special
meetings shall be held at the request of such majority after notice in accordance with
the provisions of section 1-225. Any member who fails to attend three consecutive
meetings or who fails to attend fifty per cent of all meetings held during any calendar
year shall be deemed to have resigned from office.
(c) (1) The Treasurer shall recommend to the Investment Advisory Council an investment policy statement which shall set forth the standards governing investment of
trust funds by the Treasurer. Such statement shall include, with respect to each trust
fund, without limitation, (A) investment objectives; (B) asset allocation policy and risk
tolerance; (C) asset class definitions, including specific types of permissible investments
within each asset class and any specific limitations or other considerations governing
the investment of any funds; (D) investment manager guidelines; (E) investment performance evaluation guidelines; (F) guidelines for the selection and termination of providers of investment-related services who shall include, but not be limited to, investment
advisors, external money managers, investment consultants, custodians, broker-dealers,
legal counsel, and similar investment industry professionals; and (G) proxy voting
guidelines. A draft of the statement shall be submitted to the Investment Advisory Council at a meeting of said council and shall be made available to the public. Notice of such
availability shall be published in at least one newspaper having a general circulation in
each municipality in the state which publication shall be not less than two weeks prior
to such meeting. Said council shall review the draft statement and shall publish any
recommendations it may have for changes to such statement in the manner provided for
publication of the statement by the Treasurer. The Treasurer shall thereafter adopt the
statement, including any such changes the Treasurer deems appropriate, with the approval of a majority of the members appointed to said council. If a majority of the
members appointed to said council fail to approve such statement, said majority shall
provide the reasons for its failure to approve to the Treasurer who may submit an
amended proposed statement at a subsequent regular or special meeting of said council.
Such revised proposed statement shall be made available to the public in accordance
with the provisions of the Freedom of Information Act, as defined in section 1-200. Any
revisions or additions to the investment policy statement shall be made in accordance
with the procedures set forth in this subdivision for the adoption of the statement. The
Treasurer shall annually review the investment policy statement and shall consult with
the Investment Advisory Council regarding possible revisions to such statement.
(2) All trust fund investments by the State Treasurer shall be reviewed by said
Investment Advisory Council. The Treasurer shall provide to the council all information
regarding such investments which the Treasurer deems relevant to the council's review
and such other information as may be requested by the council. The Treasurer shall
provide a report at each regularly scheduled meeting of the Investment Advisory Council
as to the status of the trust funds and any significant changes which may have occurred
or which may be pending with regard to the funds. The council shall promptly notify
the Auditors of Public Accounts and the Comptroller of any unauthorized, illegal, irregular or unsafe handling or expenditure of trust funds or breakdowns in the safekeeping
of trust funds or contemplated action to do the same within their knowledge. The Governor may direct the Treasurer to change any investments made by the Treasurer when
in the judgment of said council such action is for the best interest of the state. Said
council shall, at the close of the fiscal year, make a complete examination of the security
investments of the state and determine as of June thirtieth, the value of such investments
in the custody of the Treasurer and report thereon to the Governor, the General Assembly
and beneficiaries of trust funds administered, held or invested by the Treasurer. With the
approval of the Treasurer and the council, said report may be included in the Treasurer's
annual report.
(d) The Investment Advisory Council shall be within the office of the State Treasurer for administrative purposes only.
(e) For the purposes of this section, "teachers' union" means a representative organization for certified professional employees, as defined in section 10-153b, and "state
employees' union" means an organization certified to represent state employees, pursuant to section 5-275.
(P.A. 73-594, S. 1—3, 12; P.A. 77-614, S. 19, 55, 610; P.A. 78-208, S. 26, 35; P.A. 80-318, S. 1, 2; P.A. 82-381, S. 1,
2; P.A. 83-533, S. 1, 54; 83-574, S. 2, 20; P.A. 00-43, S. 1, 19; P.A. 02-103, S. 41.)
History: P.A. 77-614 substituted secretary of the office of policy and management for commissioner of finance and
control and placed the investment advisory council within the office of policy and management for administrative purposes
only; P.A. 78-208 substituted reference to Sec. 10-183b for reference to Sec. 10-160; P.A. 80-318 deleted references to
successors in Subsec. (a) and placed investment advisory council within the office of the state treasurer rather than the office
of policy and management; P.A. 82-381 increased membership from nine to eleven members by adding representatives of
teachers' unions and state employees' unions, limited participation of those members to matters affecting the teachers'
retirement fund and state employees' retirement fund, respectively, and defined teachers' union and state employees'
union; P.A. 83-533 amended section to provide for three members representing teachers' unions and two members representing state employees' unions, deleting provisions re representatives for teachers' retirement board and state employees'
retirement commission, and to allow full participation in all council decisions; P.A. 83-574 amended Subsec. (a) to provide
for legislative appointments, and, concurring with P.A. 83-533, to eliminate representatives of teachers' retirement board
and state employees' retirement commission and add three representatives of the teachers' union and two representatives
of the state employees' unions, amended Subsec. (b) to establish procedural and attendance requirements, amended Subsec.
(c) to eliminate provision limiting participation of teacher and state employee representatives and to require reports to the
general assembly and trust fund beneficiaries and amended Subsec. (e) to reword definition of "state employees' union";
P.A. 00-43 made a technical change in Subsec. (b) and amended Subsec. (c) to provide for an investment policy statement
by the Treasurer and to modify the responsibilities of the Investment Advisory Council, effective May 3, 2000; P.A. 02-
103 made a technical change in Subsec. (b).
See title 2c re termination under "Sunset Law".
See Sec. 4-9a for definition of "public member".
See Sec. 4-38f for definition of "administrative purposes only".
Trust funds as used in sections 3-13 to 3-13e,
inclusive, and 3-31b shall be construed to include Connecticut Municipal Employees'
Retirement Fund A, Connecticut Municipal Employees' Retirement Fund B, Soldiers,
Sailors and Marines Fund, State's Attorney Retirement Fund, Teachers' Annuity Fund,
Teachers' Pension Fund, Teachers' Survivorship and Dependency Fund, School Fund,
State Employees Retirement Fund, the Hospital Insurance Fund, Policemen and Firemen
Survivor's Benefit Fund and all other trust funds administered, held or invested by the
Treasurer.
(P.A. 73-594, S. 4, 12; P.A. 78-236, S. 17, 20; P.A. 87-458, S. 15, 18; P.A. 99-70, S. 1, 3.)
History: P.A. 78-236 substituted "3-13e" for "3-13d"; P.A. 87-458 included hospital insurance fund as trust fund; P.A.
99-70 added Policemen and Firemen Survivor's Benefit Fund, effective May 27, 1999.
Sec. 3-13d. Trust funds: Investment, restrictions, sale of call options. Consideration of political implications of particular investments in relation to U.S. foreign
policy and national interests. Connecticut mortgage pass-through certificates. Certain contracts with life insurance companies. (a) Notwithstanding any other provision
in the general statutes or elsewhere to the contrary, the Treasurer shall invest as much
of the state's trust funds as are not required for current disbursements in accordance
with the provisions of section 45a-203 or the provisions of this part. Notwithstanding
the provisions of this section or any other provision in the general statutes or elsewhere
to the contrary, the Treasurer shall not invest more than sixty per cent of the market
value of each such trust fund in common stock, except in the event of a stock market
fluctuation that causes the common stock percentage to increase and the Treasurer deems
it in the best interest of such trust fund to maintain a higher percentage of equities,
provided the Treasurer shall not allow the market value of each such trust fund in common stock to exceed sixty-five per cent for more than six months after such fluctuation
occurs. On and after January 1, 2001, or on and after the first adoption of an investment
policy statement under section 3-13b, whichever is later, all trust fund investments shall
be made in accordance with the investment policy statement adopted under section 3-
13b. In order to increase the income for each such combined investment fund established
pursuant to section 3-31b, the Treasurer may enter into repurchase agreements or lend
securities from each such fund, provided that at the time of the execution of the repurchase agreement or the loan at least one hundred per cent of the market value of the
security sold or lent shall be received as consideration in the form of cash or securities
guaranteed by the United States government or any agency of the United States government in the case of a repurchase agreement or secured by cash or such securities in the
case of a loan. At all times during the term of each such repurchase agreement or the
term of each such loan the consideration received or the collateral shall be equal to not
less than ninety-five per cent of the full market value of the security and said consideration received or said collateral shall not be more than one hundred thousand dollars
less than the full market value of the security. The Treasurer may sell call options which
would give the holders of such options the right to purchase securities held by the Treasurer at the date the call is sold for investment purposes, under such terms and conditions
as the Treasurer may determine. Among the factors to be considered by the Treasurer
with respect to all securities may be the social, economic and environmental implications
of investments of trust funds in particular securities or types of securities. In the investment of the state's trust funds the Treasurer shall consider the implications of any particular investment in relation to the foreign policy and national interests of the United States.
(b) Notwithstanding any other provision in the general statutes or elsewhere to the
contrary, the Treasurer may invest as much of the state's trust funds as are not required
for current disbursements in Connecticut mortgage pass-through certificates. As used
in this section, "Connecticut mortgage pass-through certificate" means (1) a certificate
evidencing ownership of an undivided interest in a pool of mortgage loans, each of
which is secured by a first mortgage on real property located in this state improved
by one-to-four-family residential dwellings or units, where such mortgage loans are
assigned to a trust company or bank having the powers of a trust company within or
without the state, as trustee for the benefit of the holders of such certificates, or (2) any
Federal Home Loan Mortgage Corporation pass-through certificate or Federal National
Mortgage Association securities backed by mortgage loans, each of which is secured
by a first mortgage on real property located in this state improved by one-to-four-family
residential dwellings or units; provided such mortgage loans are originated by any bank,
trust company, national banking association, savings bank, federal mutual savings bank,
savings and loan association, federal savings and loan association, credit union, or federal credit union authorized to do business in this state or by any lender authorized to
do business in this state and approved by the federal Secretary of Housing and Urban
Development for participation in any mortgage insurance program under the National
Housing Act. In exercising his discretion to invest the state's trust funds in Connecticut
mortgage pass-through certificates and in considering the yield on such investments,
the Treasurer shall give preference to pools of mortgage loans which contain loans to
persons who at the time of mortgage application are contributors to state pension and
retirement funds included among the trust funds defined in section 3-13c or who have
been past contributors to such funds and who continue to maintain a financial interest
therein, and may consider furtherance of the public policy of increasing the amount of
reasonably priced mortgage loans available to state residents. Nothing in this section
shall prevent the Treasurer from investing state trust funds in mortgage pass-through
certificates other than Connecticut mortgage pass-through certificates.
(c) Except in the event of an express repeal of this subsection, no pool of mortgage
loans, the ownership of which is evidenced by Connecticut mortgage pass-through certificates, shall be subject to any tax imposed by the state if all of the outstanding Connecticut mortgage pass-through certificates respecting such pool were at any time owned by
or on behalf of any one or more of the state's trust funds.
(d) Notwithstanding any other provision in the general statutes or elsewhere to the
contrary, the Treasurer may enter into contracts with any life insurance company authorized to do business in Connecticut under which any amounts held in the state's trust
funds may be used to purchase pension funding contracts and contracts providing for
participation in separate accounts or under which funds become a part of the general
account of any such life insurance company.
(e) Notwithstanding any provision of the general statutes, neither the Treasurer, the
Deputy Treasurer nor any acting Treasurer shall make a private equity or real estate
investment without the approval of the Investment Advisory Council, for the balance
of the Treasurer's term of office, on or after any of the following events: (1) The defeat
of the Treasurer (A) in a ballot for the party nomination for Treasurer at a convention
where said Treasurer was a candidate for nomination, (B) in a primary for nomination
for said office where said Treasurer was a candidate for nomination, or (C) upon the
completion of a recanvass of the returns from such primary under section 9-445 or 9-
446, whichever is later, (2) the defeat of the Treasurer (A) in the election for said office
or (B) upon the completion of a recanvass of the returns from such election under section
9-311, 9-311a or 9-311b, or (3) the resignation of the Treasurer.
(P.A. 73-594, S. 7, 12; P.A. 74-49, S. 1, 2; P.A. 80-431, S. 2, 4; P.A. 81-343, S. 2, 7; P.A. 86-29, S. 1, 3; P.A. 92-69,
S. 4, 5; P.A. 95-120, S. 1, 2; June 18 Sp. Sess. P.A. 97-4, S. 8, 11; June 18 Sp. Sess. P.A. 97-11, S. 63, 65; P.A. 98-86;
P.A. 00-43, S. 2, 4, 19; P.A. 02-34, S. 1.)
History: P.A. 74-49 provided that market value of loans from investment funds could be guaranteed by U.S. government
or its agencies; P.A. 80-431 required treasurer to consider foreign policy and national interest in making investments of
state trust funds; P.A. 81-343 added Subsecs. (b) to (d) re mortgage pass-through certificates and contracts with life
insurance companies to purchase pension funding contracts; P.A. 86-29 amended Subsec. (a) to provide specifically that
the treasurer may enter into repurchase agreements for purposes of investing the trust funds of the state; P.A. 92-69 amended
Subsec. (b) to include certain Federal Home Loan Mortgage Corporation pass-through certificates and Federal National
Mortgage Association securities backed by mortgage loans in the definition of "Connecticut mortgage pass-through certificate"; P.A. 95-120 amended Subsec. (a) to permit Treasurer to invest no more than fifty-five, instead of fifty per cent of
a trust fund in common stock, except under specified conditions, for a six-month period of time, effective July 1, 1995;
(Revisor's note: Section 8 of June 18 Sp. Sess. P.A. 97-4 is void and was therefore not codified because it attempts to
amend section 1 of vetoed public act 97-260 by restoring language which was deleted in the vetoed act and leaving in
place new language added in the vetoed act, effective June 30, 1997. June 18 Sp. Sess. 97-11 changed the effective date
of June 18 Sp. Sess. P.A. 97-4 but without affecting section 8 of the act); P.A. 98-86 amended Subsec. (a) to replace book
value with market value and add REITS as alternative investments; P.A. 00-43 amended Subsec. (a) to increase the limit
on investment in common stock and to provide that all investments be made in accordance with the investment policy
statement adopted under Sec. 3-13b, effective January 1, 2001, and added Subsec. (e) re restrictions on investment of trust
funds in private equity or real estate during "lame duck" phase of Treasurer's term, effective May 3, 2000; P.A. 02-34
amended Subsec. (a) to delete provision which designated real estate investment trusts as alternative investments and not
common stock investments, effective May 6, 2002.
See Sec. 3-13g re investment policies re corporations doing business in Iran.
See Sec. 3-13h re disinvestment of state funds in certain corporations doing business in Northern Ireland.
See Sec. 3-13i re contracts for services related to investment of trust funds.
(a) The
following terms, when used in this section shall have the following meanings, unless
the context otherwise requires: "Trust fund" means any of the funds listed in section 3-
13c; "mortgage lender" means any bank and trust company, savings bank or savings
and loan association chartered under the laws of the state, national banking association,
federal savings and loan association, insurance company authorized to transact business
in the state or other firm or corporation subject to the banking laws of Connecticut and
approved by the Treasurer; and "pension and retirement fund contributor" means any
person who at the time of receiving a mortgage-secured loan from a mortgage lender
as provided in subsection (b) of this section is, and has been during the three years
immediately preceding such loan, a contributor to any pension or retirement fund included among the trust funds listed in this subsection.
(b) Notwithstanding any provision of the general statutes to the contrary, the Treasurer may invest as much of the funds of any trust fund as are not required for current
disbursements, in loans to mortgage lenders, subject to the following conditions: (1)
Any such investment shall be secured as to payment of both principal and interest by a
pledge of and lien upon collateral security of such nature, in such amounts and under
such terms as the Treasurer shall determine; (2) any such mortgage lender shall within
a reasonable period of time, as determined by the Treasurer, following receipt by such
mortgage lender of the loan proceeds, enter into written commitments to make and shall
thereafter proceed as promptly as practicable to make and disburse loans from such
loan proceeds, in an aggregate principal amount not less than the amount of such loan
proceeds, and each such loan shall be secured by a mortgage of residential real property
containing not more than four dwelling units and situated within the state, provided no
more than twenty million dollars in such loans to mortgage lenders shall be outstanding
at any one time and no more than ten million dollars in such loans shall be made in any
one fiscal year, and further provided, the aggregate of such loans outstanding to any
single mortgage lender shall not exceed the greater of one million dollars or one per
cent of the deposits of such mortgage lender. Pension and retirement fund contributors
shall be afforded a preference with respect to receipt of loans made under the provisions
of this section, subject to such procedures as the Treasurer may prescribe.
(P.A. 75-347, S. 1, 2; P.A. 78-121, S. 1, 113; 78-236, S. 18, 20.)
History: P.A. 78-121 deleted words "building or" in phrase "building or savings and loan association", effective January
1, 1979; P.A. 78-236 redefined "trust fund".
Sec. 3-13f. State investment policy in relation to corporations doing business
in South Africa. Section 3-13f is repealed, effective November 12, 1993.
(P.A. 80-431, S. 1, 4; P.A. 82-324, S. 1, 2; P.A. 87-170, S. 1, 2; Oct. Sp. Sess. P.A. 93-2, S. 1, 2.)
The State Treasurer shall review the major investment policies of the state for purposes of ensuring
that state funds are not invested in any corporation engaged in any form of business in
Iran which could be considered to be contrary to the foreign policy or national interests
of the United States, particularly in respect to the release of all American hostages held
in Iran.
(P.A. 80-431, S. 3, 4.)
(a) The State Treasurer shall review the major investment policies of the state for the
purpose of determining the extent to which moneys are invested in corporations doing
business in Northern Ireland which have not adopted the MacBride principles. In whatever manner may be deemed appropriate by the State Treasurer, corporations in which
the state has invested assets and which have operations in Northern Ireland shall be
urged to adopt and implement the MacBride principles with respect to such operations
and where necessary and appropriate to initiate or support shareholder initiatives requiring such corporate action.
(b) In carrying out his fiduciary responsibility, the State Treasurer shall, within a
period of time not exceeding three years immediately following May 18, 1987, disinvest
all state funds currently invested in any corporations doing business in Northern Ireland
and invest no new state funds in any such corporation unless such corporation has implemented the MacBride principles. In accordance with sound investment criteria consistent with prudent standards of fiduciary responsibility, the State Treasurer shall, with
respect to state funds available for future investment in corporations doing business in
Northern Ireland, including such funds available as a result of such disinvestment as
prescribed in this subsection, invest such funds in corporations conducting their operations in Northern Ireland in accordance with the MacBride principles, which are as
follows: (1) Increasing the representation of individuals from underrepresented religious
groups in the workforce, including managerial, supervisory, administrative, clerical and
technical jobs; (2) providing adequate security for the protection of minority employees
at the workplace and while traveling to and from work; (3) banning provocative religious
or political emblems from the workplace; (4) publicly advertising all job openings and
making special recruitment efforts to attract applicants from underrepresented religious
groups; (5) layoff, recall and termination procedures which do not in practice favor
particular religious groupings; (6) abolishing job reservations, apprenticeship restrictions and differential employment criteria, which discriminate on the basis of religion
or ethnic origin; (7) developing training programs that will prepare substantial numbers
of current minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade and improve the skills of
minority employees; (8) establishing procedures to assess, identify and actively recruit
minority employees with potential for further advancement; and (9) appointing a senior
management staff member to oversee the company's affirmative action efforts and the
setting up of timetables to carry out affirmative action principles.
(P.A. 87-199, S. 1, 2; P.A. 95-345, S. 1, 2; P.A. 96-180, S. 136, 166.)
History: P.A. 95-345 amended Subsec. (b) by deleting the words "adopted and" from the phrase "such corporation has
adopted and implemented the MacBride principles", effective July 1, 1995; P.A. 96-180 amended Subsec. (b) to make
technical grammatical corrections, effective June 3, 1996.
On and
after January 1, 2001, or on and after the first adoption of an investment policy statement
under section 3-13b, whichever is later, any contract for services related to the investment of trust funds, as defined in section 3-13c, shall be subject to the investment policy
statement adopted under section 3-13b. No contract for services related to the investment
of such funds shall be awarded to a provider of such services until the Treasurer's recommendation of a provider is reviewed by the Investment Advisory Council. The Treasurer
shall provide notice of such recommendation at a meeting of the council. Not later
than forty-five days after such meeting, the council may file a written review of the
Treasurer's recommendation concerning the selection of such provider with the Office
of the Treasurer where it shall be available for public inspection. The Treasurer may
proceed to award the contract after such forty-five-day period.
(P.A. 00-43, S. 3, 19.)
History: P.A. 00-43 effective May 3, 2000.
(a) Prior to the Treasurer entering into a contract for investment services, as defined
in section 9-333n, any person or entity who would be a party to that contract shall
disclose to the Treasurer, in writing, all third party fees attributable to such contract.
Such disclosure shall be made by firms providing such services and shall be in a sworn
affidavit in a manner and form prescribed in regulations which shall be adopted by the
Treasurer, in accordance with the provisions of chapter 54, not later than three months
after May 3, 2000. Information disclosed under this subsection shall be made available
for public inspection in accordance with the Freedom of Information Act, as defined in
section 1-200.
(b) Prior to any quasi-public agency, as defined in section 1-120, entering into a
contract for investment services, as defined in section 9-333n, any person or entity who
would be a party to that contract shall disclose to the quasi-public agency entering into
the contract, in writing, all third party fees attributable to such contract. Such disclosure
shall be made by firms providing such services and shall be in a sworn affidavit in a
manner and form as prescribed in procedures which shall be adopted by each such
agency, in accordance with the provisions of chapter 12, not later than three months
after May 3, 2000. Information disclosed under this subsection shall be made available
for public inspection in accordance with the Freedom of Information Act, as defined in
section 1-200.
(c) For purposes of this section and section 3-13k, "third party fees" includes, but
is not limited to, management fees, placement agent fees, solicitation fees, referral fees,
promotion fees, introduction or matchmaker fees, and due diligence fees.
(d) Any person who violates any provision of this section shall be liable for a civil
penalty not to exceed two thousand dollars for each violation.
(1) The Attorney General, upon complaint of the Treasurer, may bring an action in
the superior court for the judicial district of Hartford to recover such penalty for a violation of this section which affects a fund of the state. Any penalty imposed under this
section for a violation which affects any such fund shall be paid to the Treasurer who
shall deposit such moneys in such fund.
(2) Any quasi-public agency, as defined in section 1-120, may bring an action in
the superior court to recover such penalty for a violation of this section which affects
any fund under the control of such agency. Any penalty imposed under this section for
a violation which affects any such fund shall be paid to such agency which shall deposit
such moneys in such fund.
(P.A. 00-43, S. 5, 19.)
History: P.A. 00-43 effective May 3, 2000.
Sec. 3-13k. Direction of third party fees by Treasurer prohibited. Personal
use by Treasurer of broker's credits prohibited. (a) The Treasurer shall not direct
the payment of any third party fees to any person other than third party fees paid in
connection with state bond sales or fees permitted by the Internal Revenue Code in
connection with guaranteed investment contracts related to debt issuance.
(b) Neither the Treasurer, nor any agent or employee of the Treasurer, shall make
personal use of any credit or thing of value given by a broker or firm in connection with
the investment of trust funds.
(P.A. 00-43, S. 6, 19.)
History: P.A. 00-43 effective May 3, 2000.
(a) No person may, directly or indirectly, pay a finder's fee to any person in connection with any
investment transaction involving the state, any quasi-public agency, as defined in section
1-120, or any political subdivision of the state. No person may, directly or indirectly,
receive a finder's fee in connection with any investment transaction involving the state,
any quasi-public agency, as defined in section 1-120, or any political subdivision of
the state.
(b) For purposes of this section:
(1) "Finder's fee" means compensation in the form of cash, cash equivalents or
other things of value paid to or received by a third party in connection with an investment
transaction to which the state, any political subdivision of the state or any quasi-public
agency, as defined in section 1-120, is a party for any services, and includes, but is not
limited to, any fee paid for lobbying, as defined in subsection (k) of section 1-91, and as
defined by the Ethics Commission, in consultation with the Treasurer, in the regulations
adopted under subparagraph (C)(ii) of subdivision (3) of this subsection or as prescribed
by the Treasurer until such regulations are adopted.
(2) "Finder's fee" does not mean (A)(i) compensation earned for the rendering of
investment services, as defined in subsection (f) of section 9-333n, or for acting as a
licensed real estate broker or real estate sales person under the provisions of section 20-
312, or under a comparable statute of the jurisdiction in which the subject property is
located, or (ii) marketing fees or due diligence fees earned by the payee in connection
with the offer, sale or purchase of any security or investment interest, in accordance
with criteria prescribed under subparagraph (ii) of subparagraph (C) of subdivision (3)
of this subsection, (B) compensation paid to (i) persons who are investment professionals
engaged in the ongoing business of representing investment services providers, or (ii)
third parties for services connected to the issuance of debt by the state, any political
subdivision of the state or any quasi-public agency, as defined in section 1-120 and (C)
any compensation which is so defined by the regulations adopted under subparagraph
(C)(ii) of subdivision (3) of this subsection, or any compensation which meets criteria
prescribed by the Treasurer until such regulations are adopted. As used in this section,
"offer" and "sale" have the meaning provided in section 36b-3.
(3) "Investment professional" means an individual or firm whose primary business
is bringing together institutional funds and investment opportunities and who (A) is a
broker-dealer or investment adviser agent licensed or registered (i) under the Connecticut Uniform Securities Act; (ii) in the case of an investment adviser agent, with the
Securities and Exchange Commission, in accordance with the Investment Advisors'
Act of 1940; or (iii) in the case of a broker-dealer, with the National Association of
Securities Dealers in accordance with the Securities Exchange Act of 1934, or (B) is
licensed under section 20-312, or under a comparable statute of the jurisdiction in which
the subject property is located, or (C) (i) furnishes an investment manager with marketing
services including, but not limited to, developing an overall marketing strategy focusing
on more than one institutional fund, designing or publishing marketing brochures or
other presentation material such as logos and brands for investment products, responding
to requests for proposals, completing due diligence questionnaires, identifying a range
of potential investors, or such other services as may be identified in regulations adopted
under subparagraph (ii) of this subparagraph and (ii) meets criteria prescribed (I) by the
Treasurer until regulations are adopted under this subparagraph, or (II) by the Ethics
Commission, in consultation with the Treasurer, in regulations adopted in accordance
with the provisions of chapter 54. Prior to adopting such regulations, the Ethics Commission shall transmit the proposed regulations to the Treasurer not later than one hundred
twenty days before any period for public comment on such regulations commences and
shall consider any comments or recommendations the Treasurer may have regarding
such regulations. In developing such regulations, the commission shall ensure that the
state will not be competitively disadvantaged by such regulations relative to any legitimate financial market.
(c) Any person who violates any provision of this section shall be liable for a civil
penalty of not less than the amount of the fee paid or received in violation of this section
and not more than three times said amount.
(1) The Attorney General, upon complaint of the Treasurer or the Ethics Commission, may bring an action in the superior court for the judicial district of Hartford to
recover such penalty for a violation of this section which affects a fund of the state. Any
penalty imposed under this section for a violation which affects any such fund shall be
paid to the Treasurer who shall deposit such moneys in such fund.
(2) Any political subdivision of the state may bring an action in the superior court
to recover such penalty for a violation of this section which affects any fund under the
control of such subdivision. Any penalty imposed under this section for a violation
which affects any such fund shall be paid to such subdivision which shall deposit such
moneys in such fund.
(3) Any quasi-public agency, as defined in section 1-120, may bring an action in
the superior court to recover such penalty for a violation of this section which affects
any fund under the control of such agency. Any penalty imposed under this section for
a violation which affects any such fund shall be paid to such agency which shall deposit
such moneys in such fund.
(P.A. 00-43, S. 7, 19; P.A. 02-103, S. 42.)
History: P.A. 00-43 effective May 3, 2000; P.A. 02-103 made technical changes in Subsec. (b)(2).
The Treasurer may appoint
agents to manage all property to which the state becomes legally entitled and to sell any
such property not necessary for the use of the state, at public or private sale, for cash
or on credit, on such terms as the Treasurer approves. The Treasurer shall execute any
conveyances thereof and shall render an account of his proceedings to the General Assembly if in session or to the Governor during the recess of the General Assembly; but,
if any owner of such property appears, he shall be entitled to it, or, if sold, to the avails
thereof, after deducting the necessary expenses.
(1949 Rev., S. 108.)
See Secs. 3-47 and 4b-21 re real estate transactions.
See Sec. 47-8 re Treasurer's authority to release mortgages to, or liens in favor of, state.
Cited. 13 CA 325, 328.
Unless otherwise provided by the trust instrument, the State Treasurer shall succeed to the administration of
any trust created for the benefit of any county and shall continue to administer the same
in accordance with the terms of the trust.
(1959, P.A. 152, S. 94.)
See Sec. 6-2a re state succession to property and liabilities of counties.
Sec. 3-14b. Prior to sale of state-owned land, option to municipality of locale
to purchase. Prior to the sale of any parcel of land, or a portion thereof owned by the
state, except a transfer or conveyance to the party against whom foreclosure was taken
or who conveyed to the state in lieu of foreclosure under the provisions of section 17b-
138, the state agency, department or institution responsible for the sale of such land
shall first notify in writing the chief executive officer or officers of the municipality in
which such land is situated of the state's intention to sell such land, and no agreement
to sell such land may be entered into or sale may be made by the state except as follows:
(a) Within forty-five days after such notice has been so given, such chief executive
officer or officers may give written notice to the state of the municipality's desire to
purchase such land and shall have the right to purchase the interest in the land which
the state has declared its intent to sell, subject to conditions of sale acceptable to the state.
(b) If the chief executive officer or officers of the municipality fail to give notice,
as provided in subsection (a) of this section, or give notice to the state of the municipality's desire not to purchase such land, such municipality shall have waived its right to
purchase the land in accordance with the terms of this section.
(c) Within sixty days after notice has been given by the municipality of its desire
to purchase such land, as provided in subsection (a) of this section, the state acting
through the state agency, department or institution shall sell such land to the municipality, provided the state and the municipality agree upon the conditions of sale and the
amount to be paid therefor.
(d) If the municipality fails to purchase such land within sixty days after notice has
been given by the municipality of its desire to purchase the land, as provided in subsection (a) of this section, such municipality shall have waived rights to purchase the land
in accordance with the terms of this section, subject to the provisions of subsection (e)
of this section.
(e) Notwithstanding the provisions of subsections (b) and (d) of this section, if the
state thereafter proposes to sell such land to any person upon terms different than those
offered to the municipality, the state shall first notify the municipality of such proposal,
in the manner provided in subsection (a) of this section, and of the terms of such proposed
sale, and such municipality shall have the option to purchase such land upon such terms
and may thereupon, in the same manner and within the same time limitations as are
provided in subsections (a) and (c), inclusive, of this section, proceed to purchase
such land.
(P.A. 74-203, S. 1, 2; P.A. 75-332; P.A. 96-222, S. 1, 41.)
History: P.A. 75-332 excepted transfers and conveyances of land where foreclosure was involved from provisions of
section; P.A. 96-222 substituted "state agency, department or institution responsible for the sale of such land" for "State
Treasurer", effective July 1, 1996.
Cited. 13 CA 325, 328.
The Treasurer is authorized to execute on behalf of the state and deliver, with the approval of the Governor, to
the United States of America, a deed of any parcel of land belonging to the state, for
the purpose of the erection and maintenance thereon of beacon lights and other buildings
and apparatus to be used in aid of navigation. Any such deed shall contain a provision
that, if such lights, buildings and apparatus are not erected thereon within five years
from the date of such deed, or if the government of the United States of America abandons
the use of such land for such purposes, title to such land shall revert to the state. Jurisdiction of the state over any land deeded to the United States under the provisions of this
section shall be ceded to the United States, provided the state shall retain concurrent
jurisdiction with the United States for the sole purpose of serving and executing thereon
civil and criminal process issued under any provision of the statutes.
(1949 Rev., S. 130.)
The Treasurer is authorized, subject to the approval of the Governor, to borrow such funds, from time to time, as may be necessary,
and to issue the obligations of the state therefor, signed by him as Treasurer, which
obligations shall be binding on the state and shall be redeemed by the Treasurer whenever, in his opinion, there are funds in the Treasury available for such purpose.
(1949 Rev., S. 109.)
The Treasurer shall
receive all moneys belonging to the state and disburse the same only as he is directed
by law. The Treasurer shall superintend the collection of the state taxes and revenue,
receive all such revenue and make proper entries and credits for the same. He may issue,
from time to time, registered or coupon bonds of this state in such sums as he finds
expedient, deliver the same to the retirement fund provided for in section 10-183r and
issue the same in exchange for or in lieu of any registered or coupon bonds previously
authorized to be issued; and such bonds so issued shall be payable at the same time and
bear interest at the same rate as the bonds received in exchange; and any bonds so
received in exchange for new bonds shall be cancelled by the Treasurer.
(1949 Rev., S. 111; 1969, P.A. 629, S. 2; P.A. 78-208, S. 23, 35.)
History: 1969 act provided for delivery bonds to teachers' pension fund; P.A. 78-208 substituted "retirement" for
"pension" and changed reference to repealed Sec. 10-165 to reflect reorganization of teachers' retirement system.
State treasurer cannot maintain action for penalty for violation of criminal law. 6 C. 312; 9 C. 267. Treasurer has power
to collect debt owing to state. 115 C. 560.
Any payment to the state as a settlement of litigation relative to financing secured by a
special capital reserve fund shall be credited to the debt retirement reserve account and
available to the State Treasurer for the purpose of preventing a draw on a special capital
reserve fund.
(June Sp. Sess. P.A. 01-7, S. 14, 28.)
History: June Sp. Sess. P.A. 01-7 effective July 1, 2001.
The use of a facsimile of the
great seal of the state on all bonds of the state is authorized, and the same shall have the
same effect as an impression thereof.
(1949 Rev., S. 122.)
The principal and interest of all bonds
of the state issued after June 13, 1947, shall be made payable at such place or places as
the Treasurer may determine.
(1949 Rev., S. 123.)
Sec. 3-20. Short title: State General Obligation Bond Procedure Act. State
Bond Commission. (a) This section shall be known as and may be cited as, and its short
title shall be, the "State General Obligation Bond Procedure Act".
(b) The following terms, when used in this section, shall have the following meanings, unless the context otherwise requires: "Bonds" means general obligations of the
state for the payment of the principal of and interest on which, as the same become due,
the full faith and credit of the state are pledged; "bond act" means a general statute, public
act or special act of the General Assembly empowering the State Bond Commission or
the State Treasurer to authorize bonds heretofore enacted or hereafter enacted; "refunding bonds" means bonds authorized to be issued and sold pursuant to subsection
(i) hereof and hereunder; "resolution" means a resolution adopted by a majority of the
members of the State Bond Commission. The adoption of a resolution is hereby deemed
to satisfy and supersede the requirement of any bond act for a written determination
signed by the majority of the members of the State Bond Commission and filed in the
office of the Secretary of the State; "State Bond Commission" or "commission" means
the State Bond Commission as established herein.
(c) There is established the State Bond Commission, which shall consist of the
Governor, the Treasurer, the Comptroller, the Attorney General, the Secretary of the
Office of Policy and Management and the Commissioner of Public Works, each of
whom may designate a deputy to represent him as a member at meetings of the State
Bond Commission with full powers to act and vote in his behalf, and the cochairpersons
and the ranking minority members of the joint standing committee of the General Assembly having cognizance of matters relating to state finance, revenue and bonding, each
of whom may designate another member of said joint standing committee, who is not
a member of the State Bond Commission, to represent him as a member at meetings of
the State Bond Commission with full powers to act and vote in his behalf. The members
of said commission shall serve without compensation.
(d) All bonds of the state, authorized by the State Bond Commission acting prior
to July 1, 1972, pursuant to any bond act taking effect prior to such date, shall be issued
in accordance with such bond act or this section. All bonds of the state authorized to be
issued by the State Bond Commission acting on or after July 1, 1972, pursuant to any
bond act taking effect before, on or after such date shall be authorized and shall be issued
in accordance with this section.
(e) The principal and interest of bonds, refunding bonds, other obligations or borrowings in anticipation thereof, their transfer and the income therefrom, including any
profit on the sale or transfer thereof, shall at all times be exempt from any taxation by
the state of Connecticut or under its authority, except for estate or succession taxes.
(f) With the exception of refunding bonds, the proceeds of the sale of the bonds and
any moneys held or otherwise set aside for the repayment of the bonds shall be deposited
with the Treasurer or, at the direction of the Treasurer, with a commercial bank or trust
company, in trust for the benefit of the state, pending the use or application thereof, for
the purpose and projects specified in the bond act empowering the State Bond Commission to authorize such bonds. Any expense incurred in connection with the carrying out
of the provisions of this section, including the issuance of refunding bonds, shall be
paid from the accrued interest and premiums or from the proceeds of the sale of such
bonds or refunding bonds and in the same manner as other obligations of the state, except
that expenses incurred in connection with the preparation, issuance and delivery of
general obligation bonds issued in accordance with sections 3-17 and 10-183m, and
delivered to the retirement fund provided for in section 10-183r shall be paid out of the
General Fund if sufficient accrued interest and premiums are not available to pay such
expenses. With the exception of the proceeds of refunding bonds deposited in a defeasance escrow fund, pending the use or application of any such bond proceeds or any
such funds, such proceeds or funds may be deposited with the Treasurer in such fund
or funds of the state as appropriate or at the direction of the Treasurer in a commercial
bank or trust company with or without security to the credit of such fund or funds, or
may be invested by, or at the direction of the Treasurer in bonds or obligations of, or
guaranteed by, the state or the United States, or agencies or instrumentalities of the
United States, in certificates of deposit, commercial paper, savings accounts and bank
acceptances, in the obligations of any state of the United States or any political subdivision thereof or the obligations of any instrumentality, authority or agency of any state
or political subdivision thereof, provided that at the time of investment such obligations
are rated within one of the top two rating categories of any nationally recognized rating
service or of any rating service recognized by the state Commissioner of Banking, and
applicable to such obligations, in the obligations of any regional school district in this
state, of any municipality in this state or any metropolitan district in this state, provided
that at the time of investment such obligations of such government entity are rated within
one of the top three rating categories of any nationally recognized rating service or of
any rating service recognized by the state Commissioner of Banking, and applicable to
such obligations, or in any fund in which a trustee may invest pursuant to section 36a-
353, or in investment agreements with financial institutions whose long-term obligations
are rated within the top two rating categories of any nationally recognized rating service
or of any rating service recognized by the state Commissioner of Banking or whose
short-term obligations are rated within the top rating category of any nationally recognized rating service or of any rating service recognized by the state Commissioner of
Banking, or investment agreements fully secured by obligations of, or guaranteed by,
the United States or agencies or instrumentalities of the United States. Except as may
be provided herein or in any other public or special act, net earnings of investments of
proceeds of bonds and such funds, and accrued interest and premiums on the issuance
of such bonds shall, after payment of expenses incurred by the Treasurer or State Bond
Commission in connection with their issuance, if any, be deposited to the credit of the
General Fund.
(g) With the exception of refunding bonds, whenever a bond act empowers the State
Bond Commission to authorize bonds for any project or purpose or projects or purposes,
and whenever the State Bond Commission finds that the authorization of such bonds
will be in the best interests of the state, it shall authorize such bonds by resolution adopted
by the approving vote of at least a majority of said commission. No such resolution shall
be so adopted by the State Bond Commission unless it finds that there has been filed
with it (1) any human services facility colocation statement to be filed with the Secretary
of the Office of Policy and Management, if so requested by the secretary, pursuant to
section 4b-23; (2) a statement from the Commissioner of Agriculture, pursuant to section
22-6, for projects which would convert twenty-five or more acres of prime farmland to
a nonagricultural use; (3) prior to the meeting at which such resolution is to be considered, any capital development impact statement required to be filed with the Secretary
of the Office of Policy and Management; and (4) such requests and such other documents
as it or said bond act require, provided no resolution with respect to any school building
project financed pursuant to section 10-287d or any interest subsidy financed pursuant
to section 10-292k shall require the filing of any statements pursuant to subdivision (1),
(2) or (3) of this subsection and provided further any resolution requiring a capital impact
statement shall be deemed not properly before the State Bond Commission until such
capital development impact statement is filed. Any such resolution so adopted by the
State Bond Commission shall recite the bond act under which said commission is empowered to authorize such bonds and the filing of all requests and other documents, if
any, required by it or such bond act, and shall state the principal amount of the bonds
authorized and a description of the purpose or project for which such bonds are authorized. Such description shall be sufficient if made merely by reference to a numbered
subsection, subdivision or other applicable section of such bond act. The agenda of
each meeting, or any supporting documents included with such agenda, shall include a
reference to the statute or public or special act which is the source of any funds to be
used for any project on such agenda, including any contingency funds and any reuse or
reallocation of funds previously approved for any other use or project, and a notation
of the outside source from which any funds for any such project were received, if any.
Upon adoption of a resolution, the principal amount of the bonds authorized therein for
such purpose or project shall be deemed to be an appropriation and allocation of such
amount for such purpose or project, respectively, and subject to approval by the Governor of allotment thereof and to any authorization for such project or purpose that may
otherwise be required, contracts may be awarded and obligations incurred with respect
to any such project or purpose in amounts not in the aggregate exceeding such authorized
principal amount, notwithstanding that such contracts and obligations may at a particular
time exceed the amount of the proceeds from the sale of such bonds theretofore received
by the state. In any such resolution so adopted, the State Bond Commission may include
provision for the date or dates of such bonds, the maturity of such bonds and, notwithstanding the provisions of any bond act taking effect prior to July 1, 1973, provision for
either serial or term, sinking fund or other reserve fund requirements, if any, due dates
of the interest thereon, the form of such bonds, the denominations and designation of
such bonds, registration, conversion and transfer privileges and the terms of redemption
with or without premium and the date and manner of sale of such bonds, provisions for
the consolidation of such bonds with other bonds including refunding bonds for the
purpose of sale as provided in subsection (h) hereof, limitations with respect to the
interest rate or rates on such bonds, provisions for receipt and deposit or investment of the
good faith deposit pending delivery of such bonds and such other terms and conditions of
such bonds and of the issuance and sale thereof as the State Bond Commission may
determine to be in the best interest of the state, provided the State Bond Commission
may delegate to the Treasurer all or any part of the foregoing powers in which event
the Treasurer shall exercise such powers until the State Bond Commission, by adoption
of a resolution prior to exercise of such powers by the Treasurer shall elect to reassume
the same. Such powers shall be exercised from time to time in such manner as the
Treasurer shall determine to be in the best interests of the state and the Treasurer shall
file a certificate of determination setting forth the details thereof with the secretary of
the State Bond Commission on or before the date of delivery of such bonds, the details
of which were determined by the Treasurer in accordance with such delegation. The
State Bond Commission may authorize the Commissioner of Economic and Community
Development to defer payments of interest or principal, or a portion thereof, in the case
of a troubled loan, as defined in subdivision (1) of subsection (e) of section 8-37x, made
by the commissioner under any provision of the general statutes.
(h) Notwithstanding any general statute, public act or special act of the General
Assembly enacted prior to or after March 20, 1973, bonds or portions thereof, including
refunding bonds authorized by any general statute, public act or special act of the General
Assembly enacted prior to or after said date to be issued by the commission or by the
Treasurer may be consolidated for the purpose of sale and issued, sold, printed and
delivered as a single bond issue, provided, if bonds authorized under two or more bond
acts are issued as a single bond issue or if bonds authorized under one or more bond
acts together with refunding bonds are issued as a single bond issue, a separate maturity
schedule or sinking fund requirements, if any, for such bonds or portions thereof authorized under each bond act and for the refunding bonds shall be established and filed with
the secretary of the State Bond Commission on or before the date of delivery of such
bonds.
(i) Notwithstanding any other provision of this section or of any general statute,
public act or special act of the General Assembly enacted prior to or after March 20,
1973, whenever the Treasurer finds that it is in the best interests of the state to refund
bonds issued pursuant to this section or pursuant to any other general statute, public act
or special act of the General Assembly enacted prior to or after said date the maturity
date of which has not yet occurred, and whether such bonds to be refunded are or are
not subject to redemption prior to maturity, refunding bonds of the state may be issued
for the purpose of purchasing, paying, funding or refunding such bonds and the interest
payable thereon in advance of their maturity, or, if subject to redemption, at such redemption date or dates as provided in such bonds, at maturity or on such date or dates as
determined by the Treasurer. No such refunding bonds shall be issued unless they are
part of an issue described in a bond determination made and signed by the Treasurer in
accordance with and pursuant to this subsection of which a copy has been filed with the
secretary of the Bond Commission prior to delivery of such refunding bonds and such
determination (A) sets forth the maturities of the bonds, including any refunding bonds,
and the interest installments thereof, to be paid from the proceeds of the refunding bonds
and (B) includes a certification of the Treasurer that the state reasonably expects as of
the date of the certification to achieve, as a result of the sale of such refunding bonds
and the investment and application of the proceeds of such sale, net debt service savings.
Upon the issuance of any refunding bonds the proceeds from the sale thereof shall be
deemed to have been appropriated and pledged for and shall be used and applied to the
purchase, redemption or payment of the bonds to be so refunded including the payment
of any redemption premium thereon and any interest accrued or to accrue thereon to the
date of purchase, redemption or payment of such bonds at or prior to the maturity of
such bonds as set forth in the bond determination, the refunding bonds authorized and
issued pursuant to this subsection shall be general obligations of the state and the full
faith and credit of the state are pledged for the payment of the principal of and interest
on said bonds as the same become due, and accordingly as part of the contract of the
state with the holders of said bonds, appropriation of all amounts necessary for punctual
payment of such principal, including any amount of a mandatory sinking fund requirement as provided in such contract, and interest is hereby made, and the Treasurer shall
pay such amounts as the same become due. Pending such use or application of the
proceeds of refunding bonds issued pursuant to this subsection, such proceeds may be
invested in accordance with and subject to the provisions of such bond determination,
in obligations of, or guaranteed by, the state or the United States or any agency or
instrumentality of the United States or in certificates of deposit or time deposits secured
by such obligations, or without limiting the foregoing in bonds, debentures, notes or
participation certificates or other obligations issued by federal land banks, the Federal
National Mortgage Agency, the federal home loan bank system, the Export Import Bank,
the Government National Mortgage Association, the federal intermediate credit banks,
the Tennessee Valley Authority, public housing authorities and fully secured by payment
of both principal and interest by a pledge of annual contributions under contracts with
the United States of America, the United States Postal Service, banks for cooperatives
and the Farmers Home Administration and shall be held in trust by the Treasurer in trust
for use, application and investment as aforesaid separate and apart from other funds of
the state or may be deposited with a trustee in trust for such use, application and investment, upon the execution of the bond determination the Treasurer is authorized to execute contracts for such holding, deposit, use, application and investment of such proceeds. Except as may be provided in the bond determination authorizing refunding bonds
pursuant to this subsection, net earnings of investments of proceeds of such refunding
bonds not needed for the purpose for which such refunding bonds were authorized shall
be deposited in the General Fund. In any such bond determination of the Treasurer
authorizing refunding bonds pursuant to this subsection, said Treasurer may include
provision for the date or dates of such refunding bonds, the principal amount of such
refunding bonds, the maturity date or dates of such refunding bonds and provision relating to serial or term bonds and sinking or other reserve fund requirements, if any, the
establishment and terms of any trust or trusts held by a trustee or by the Treasurer
pursuant to this subsection, due dates of the interest on such refunding bonds, the form
thereof, including execution and issuance to the purchasers, pending preparation of
definitive refunding bonds, of temporary bonds without coupons exchangeable for the
definitive bonds when prepared, executed and ready for delivery, the denominations
and designation of such refunding bonds, registration, conversion and transfer privileges
and the terms of redemption with or without premium, the date and manner of sale of
such refunding bonds, either public or private, at such price or prices as the Treasurer
may determine, provisions for the consolidation of such refunding bonds with other
bonds for the purpose of sale as provided in subsection (h) hereof, limitations with
respect to the interest rate or rates of such refunding bonds, provisions for receipt and
deposit or investment of the good faith deposit pending delivery of such refunding bonds
and such other terms and conditions of such refunding bonds and of the issuance and
sale thereof and the investment of the proceeds thereof as the Treasurer may determine
to be in the best interests of the state. For the purposes of this subsection, "refunding
bonds" means bonds, notes or other evidences of indebtedness including commercial
paper and shall be deemed to include any of those agreements authorized by section 3-
20a, to the extent that the Treasurer determines that the execution thereof is appropriate
or necessary to satisfy the refunding requirements of this subsection.
(j) The Secretary of the Office of Policy and Management shall be the secretary of
the State Bond Commission and shall be responsible for keeping complete records of
the commission, including minutes certified by him of any meeting showing the adoption
of any resolution by the commission and other actions taken by and documents filed
with the commission, and such records shall be the official records of the proceedings
of said commission and shall be maintained in the office of the Secretary of the Office
of Policy and Management and open for public inspection. Meetings of the State Bond
Commission shall be called upon such notice as may be determined by the State Bond
Commission and may be open to the public.
(k) Bonds and refunding bonds shall be signed in the name of the state by the manual
or facsimile signatures of at least two of the following: (1) The Governor, (2) the Treasurer or the Deputy Treasurer appointed pursuant to section 3-12, and (3) the Comptroller. At least one of such signatures or the signature of an authenticating agent, certifying
agent, registrar or transfer agent shall be a manual signature. Such bonds and refunding
bonds may be issued notwithstanding that any of the officials signing them or whose
facsimile signatures appear on the bonds has ceased to hold office at the time of such
issue or at the time of the delivery of such bonds and refunding bonds to the purchaser.
(l) Notwithstanding any other provision of this section or of any bond act, bonds
issued under this section may be sold at public sale on sealed proposals or, subject to
the approval of the State Bond Commission, by negotiation, in such manner, at such
price or prices, at such time or times and on such other terms and conditions as the
Treasurer shall determine to be in the best interests of the state. The provisions of this
subsection shall not apply to general obligation bonds issued in accordance with sections
3-17 and 10-183m and delivered to the retirement fund provided for in section 10-183r
or to refunding bonds sold at private sale pursuant to subsection (i) hereof.
(m) With the exception of refunding bonds, whenever the State Bond Commission
has adopted a resolution authorizing bonds, the Treasurer may, pending the issuing of
such bonds, issue, in the name of the state, temporary notes and any renewals thereof
in anticipation of the proceeds from the sale of such bonds, which notes and any renewals
thereof shall be designated "Anticipation Notes". The proceeds from the sale of such
notes shall be used only for those purposes for which may be used the proceeds of the
sale of bonds in anticipation whereof such anticipation notes were issued. Such portion
of the proceeds from the sale of such bonds as may be required for such purposes shall
be applied to the payment of the principal of and interest on any such anticipation notes
which have been issued.
(n) The provisions of this section shall not apply to any bonds sold under section
13a-208 or, except to the extent provided for in this section, to any bonds issued before
or after July 1, 1953, pursuant to any bond act which took effect prior to said date.
(o) Any bond act may adopt the provisions of this section by reference to this section
or its short title and such reference shall serve to incorporate the provisions of this section
in said bond act as though set out in full therein. Notwithstanding such adoption by
reference, said bond act may contain provisions applicable to the bonds issued thereunder, and, in case of conflict, the provisions in such bond act shall prevail.
(p) Bonds issued in accordance with the provisions of this section pursuant to any
bond act are secured by the full faith and credit of the state, and as part of the contract
of the state with the holders of said bonds, appropriation of all amounts necessary for
punctual payment of principal of and interest on such bonds is hereby made and the
Treasurer shall pay such principal and interest as the same become due.
(q) The State Bond Commission shall have power from time to time to transfer
funds from any project or purpose under any act to the contingency reserve of such act
provided said commission shall have authorized such transfer upon a finding that there
has been filed with it a request for such transfer which is signed by or on behalf of the
Secretary of the Office of Policy and Management stating that such projects or purposes
have been completed and that such funds are excess moneys not needed for such project
or purpose.
(r) The State Bond Commission may make representations and agreements for the
benefit of the holders of any bonds, notes or other obligations of the state which are
necessary or appropriate to ensure the exemption of interest on bonds, notes or other
obligations of the state from taxation under the Internal Revenue Code of 1986 or any
subsequent corresponding internal revenue code of the United States, as from time to
time amended, including agreements to pay rebates to the federal government of investment earnings derived from the investment of the proceeds of bonds, notes or other
obligations issued on or after January 1, 1986, or may delegate to the Treasurer the
authority to make such representations and agreements on behalf of the state. Any such
agreement may include (1) a covenant to pay rebates to the federal government of investment earnings derived from the investment of the proceeds of bonds, notes or other
obligations issued on or after January 1, 1986, (2) a covenant that the state will not limit
or alter its rebate obligations until its obligations to the holders or owners of such bonds,
notes or other obligations are finally met and discharged, and (3) provisions to (A)
establish trust and other accounts which may be appropriate to carry out such representations and agreements, (B) retain fiscal agents as depositories for such funds and accounts
and (C) provide that such fiscal agents may act as trustee of such funds and accounts.
(s) The State Bond Commission may authorize, by vote of a majority of the members
of said commission, bonds, refunding bonds, other obligations or borrowings in anticipation thereof in such form and manner that the interest on such bonds, refunding bonds,
other obligations or borrowings in anticipation thereof may be includable under the
Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code
of the United States, as from time to time amended, in the gross income of the holders or
owners of such bonds, refunding bonds, other obligations or borrowings in anticipation
thereof upon the finding by said commission that the issuance of such taxable bonds,
refunding bonds, other obligations or borrowings in anticipation thereof is in the public
interest.
(t) The State Bond Commission may establish the interest rate or rates payable upon
any loans originated on or after July 1, 1987, under any state loan programs and funded
by bonds issued under this section if no rate of interest is specified or required by the
general statutes or the public or special act authorizing such loans. The State Bond
Commission shall establish such rate or rates in order to achieve the goals and purposes
of such loan programs, to achieve the best interests of the state and, to the extent deemed
necessary or desirable by the State Bond Commission, to comply with the requirements
of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue
code of the United States, as from time to time amended, and regulations promulgated
thereunder.
(u) Notwithstanding any other provision of this section or of any bond act, bonds,
refunding bonds, notes or other obligations in anticipation thereof authorized and issued
under this section may include contract provisions for (1) the payment of interest either
(A) at certain rates in the event such interest is excludable from the gross income of the
holders or owners thereof under the Internal Revenue Code of 1986, or any subsequent
corresponding internal revenue code of the United States, as from time to time amended,
or (B) at certain other rates in the event such interest is includable in the gross income
of the holders or owners thereof under the Internal Revenue Service Code of 1986, or
any subsequent corresponding internal revenue code of the United States, as from time
to time amended, (2) the payment by the state of such costs and expenses as may be
incurred by the holders or owners of such obligations pursuant to the contract with the
state as a result thereof, and (3) other terms as the Treasurer shall determine to be in the
best interests of the state. As part of the contract of the state with the holders or owners
of such obligations, appropriation of all such amounts necessary for the punctual payment of any amounts required to be paid pursuant to any such contract provisions is
hereby made and the Treasurer shall pay such amounts as aforesaid as the same becomes due.
(v) The State Bond Commission may make representations and agreements for the
benefit of the holders of bonds, notes or other obligations of the state, or with respect
to which the state is an obligated person, including bonds sold under section 13a-208,
to provide secondary market disclosure information, or may delegate to the Treasurer
the authority to make such representations and agreements on behalf of the state. Any
such agreement may include: (1) Covenants to provide secondary market disclosure
information, (2) arrangements for such information to be provided with the assistance
of a paying agent, trustee or other agent, and (3) remedies for breach of such agreement,
which remedies may be limited to specific performance. All such agreements entered
into and all such actions taken prior to June 22, 1995, are hereby validated.
(w) The state shall pro
