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CHAPTER 208b
TAXATION OF INTEREST ON CERTAIN OBLIGATIONS
OF THE STATE OF CONNECTICUT
Table of Contents
Sec. 12-242ee. Legislative findings.
Sec. 12-242ff. Definitions.
Sec. 12-242gg. Eminent domain; taking of right to claim income exclusion; notice of aggregate condemnation. Waiver of right to claim taking.
Sec. 12-242hh. Notice of taking. Claim for compensation form.
Sec. 12-242ii. Notice of individual condemnation. Statement of acceptance. Deposit of funds. Rejection of compensation form.
Sec. 12-242jj. Statement of acceptance; rejection of statement of acceptance.
Sec. 12-242kk. Condemnation appeals; class action; withdrawal of notice.
Sec. 12-242ll. Settlement of claim.
Sec. 12-242mm. Withdrawal of assessment deposit.
Sec. 12-242nn. Failure to return acceptance or file appeal.
Sec. 12-242oo. Exclusive remedy.
Sec. 12-242pp. Declaratory judgment.
Sec. 12-242qq. Reach-back.
Sec. 12-242rr. Method of payment of refunds.
Sec. 12-242ss. Extension of time to grant refunds in certain cases.
Sec. 12-242tt. Refunds and exclusion of related expenses applicable to pending returns.
Sec. 12-242uu. Bond authorization.
Sec. 12-242vv. Confidentiality of taxpayer information.
Sec. 12-242ww. State action against third party; waiver.
Sec. 12-242xx. Regulations.
Sec. 12-242yy. Authority for assistance through contract or agreement.
It is found and declared that the exemption
from the corporation business tax of interest on certain Connecticut state and local
obligations may preclude the state from including interest on obligations of the United
States in gross income for the purposes of the corporation business tax. It is further
found and declared that the taking by the exercise of the power of eminent domain of
the rights to exclude from gross income interest on certain state and local obligations
for corporation business tax purposes and other related rights is a public use or purpose
for the general benefit of the state and its citizens and the promotion of the public welfare.
It is further found and declared that the laws governing the refund of taxes should be
clarified to ensure that any tax refunds based on the exclusion of revenue from gross
income are net of related expenses.
(P.A. 95-2, S. 1, 37.)
History: P.A. 95-2 effective March 8, 1995.
(a) As used in sections 12-242ee to 12-242yy, inclusive:
(1) "Affected state obligation" means a state obligation from or with respect to
which certain rights are taken pursuant to section 12-242gg;
(2) "Secretary" means the Secretary of the Office of Policy and Management or his
designee;
(3) "Owner" means any person who had or has a beneficial interest in an affected
state obligation at any time on or after the application date. The owner shall be the record
owner of the affected state obligation or the person who had or has a beneficial interest
in an affected state obligation if the record owner is a nominee or custodian provided,
if the record owner holds title solely for the purposes of perfecting a security interest
in such obligation, the owner is the person who granted the security interest. Owner
shall include a regulated investment company, partnership, grantor trust, unit investment
trust or other pass-through entity that had or has a beneficial interest in an affected state
obligation. Owner shall not include shareholders, partners, beneficiaries or other persons
owning an interest in such entities;
(4) "State obligation" means a bond, note or any other evidence of indebtedness
issued by or on behalf of the state, its agencies, authorities, commissions or other instrumentalities, or by or on behalf of any political subdivision of the state, its agencies or
instrumentalities; and
(5) "Application date" means the date established pursuant to subsection (b) of this
section.
(b) The application date, as used in sections 12-242ee to 12-242yy, inclusive, shall
be January 1, 1992. If the provisions of said sections or any portion thereof are found
to be unconstitutional by reason of such application date in a final judgment of any court
of competent jurisdiction and no appeal is taken from such judgment, then the application
date shall be January 1, 1993, or each successive January first until such date no longer
causes the provisions of section 4-186, 10a-236, 12-39l, 12-213, 12-225, 12-233 or 12-
242ee to 12-242yy, inclusive, or any portion thereof to be found to be unconstitutional.
(P.A. 95-2, S. 2, 32, 37.)
History: P.A. 95-2 effective March 8, 1995.
Sec. 12-242gg. Eminent domain; taking of right to claim income exclusion;
notice of aggregate condemnation. Waiver of right to claim taking. (a) On March
8, 1995, the state of Connecticut, through the secretary, takes from all persons who were
owners of a state obligation at any time during the period starting with the application
date and ending on March 8, 1995, any right, title, claim and interest under statutory or
common law, including any right, title, claim or interest based on representations in the
offering documents for any state obligation, relating to the exclusion of interest accrued
on or after the application date on such obligation from gross income for the purposes
of calculating the tax imposed under sections 12-213 to 12-242i, inclusive, for any
income year which ends on or after the application date. Title to all rights, titles, claims
and interests taken pursuant to this section shall vest in the state on March 8, 1995. The
state shall provide just compensation for such takings.
(b) On March 8, 1995, or on the next business day following said date, the secretary
shall make an aggregate assessment of special damages and any special benefits of such
takings and shall file a notice of aggregate condemnation and assessment of special
damages and special benefits with the clerk of the superior court for the judicial district
of Hartford. The secretary may amend the notice of aggregate condemnation and assessment of special damages and special benefits from time to time.
(c) Notwithstanding any provision of the general statutes, the taking of a right with
respect to an affected state obligation pursuant to this section shall be effective notwithstanding any limit or restriction on the transfer of such right.
(P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-2, S. 4, 33, 37; 95-220, S. 46.)
History: P.A. 95-2 effective March 8, 1995 (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain at Hartford" in 1995 public and special
acts, effective September 1, 1998).
(a) The secretary shall provide reasonable notice of the takings pursuant to section 12-242gg to all
owners of affected state obligations. Such notice may include but is not limited to the
mailing of such notice to the owner or holder of such obligations listed on the registration
books and notice by publication. Such notice shall provide a summary of the rights taken
pursuant to section 12-242gg and the method of securing a claim for compensation form.
Failure to receive actual notice shall not operate to extend the period set forth in this
section to file a claim for compensation form except as provided in subsection (b) of
this section.
(b) Upon request, or on his own initiative, the secretary shall distribute a claim for
compensation form to any owner or his representative. Such claim for compensation
form shall request any information which the secretary deems relevant in determining
compensation for the takings pursuant to section 12-242gg, including proof of ownership
of such affected obligations. The secretary may request additional or supplemental information which he deems necessary to the determination of compensation and proof of
ownership. Any claim for compensation form shall be signed under oath and filed with
the secretary no later than two hundred seventy days after March 8, 1995. If an owner
fails to file a claim for compensation form with respect to any right, title, claim or interest
of such owner taken pursuant to section 12-242gg on or before two hundred seventy
days after March 8, 1995, such owner's right to compensation with respect to affected
state obligations of such owner for the takings pursuant to section 12-242gg shall expire,
provided the secretary may, for good cause shown, extend this deadline. Any owner
aggrieved by a decision of the secretary concerning the extension of the deadline for
filing a claim for compensation form may appeal to the superior court for the judicial
district of New Britain in the manner in which appeals are taken pursuant to section
12-237.
(P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-2, S. 5, 37; 95-220, S. 46; P.A. 99-215,
S. 24, 29.)
History: P.A. 95-2 effective March 8, 1995 (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain at Hartford", effective September 1,
1998); P.A. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain" in Subsec. (b), effective
June 29, 1999.
Sec. 12-242ii. Notice of individual condemnation. Statement of acceptance.
Deposit of funds. Rejection of compensation form. (a) After receipt of a completed
claim for compensation form and any additional information from the owner or his
representative which is deemed to be sufficient by the secretary to calculate the assessment of special damages and special benefits and demonstrate proof of ownership, the
secretary shall serve by certified mail, return receipt requested, to the address listed in
the claim for compensation form, a notice of individual condemnation and assessment
of special damages and special benefits and a statement of acceptance and file a copy
of such notice with the clerk of the superior court for the judicial district of New Britain.
Such notice shall specify the amount of just compensation for the taking with respect
to the affected state obligations set forth in the claim for compensation form, plus interest
on such compensation at a rate equal to the guaranteed interest rate on March 8, 1995,
on funds in the Short Term Investment Fund, established pursuant to section 3-27a,
accruing from March 8, 1995, through and including the date of filing of such notice
with the clerk of the court. The statement of acceptance shall indicate the owner's affected state obligations and the amount of compensation contained in the notice of
individual condemnation and assessment of special damages and special benefits. The
secretary may amend an owner's notice of individual condemnation and assessment of
special damages and special benefits and statement of acceptance at any time prior to
an owner's acceptance pursuant to section 12-242jj or the entry of final judgment in the
owner's condemnation appeal, if any, filed pursuant to section 12-242kk. Upon the
filing of the notice of individual condemnation and assessment of special damages and
special benefits, the secretary shall cause to be deposited the amount of compensation
set forth in such notice, in an account administered by the Treasurer for such purposes.
Funds in such account shall be paid to the owner, upon order of the Superior Court
to the Comptroller, provided such funds shall lapse into the General Fund upon final
adjudication of all condemnation appeals based on claims for compensation forms filed
within the two-hundred-seventy-day period pursuant to section 12-242hh.
(b) If the secretary rejects a claim for compensation form, he shall notify the owner
by certified mail, return receipt requested, of such rejection and the reasons for such
rejection. The owner may submit additional information to the secretary or may, within
twenty days of the receipt of the secretary's notice of rejection, apply to the superior
court for the judicial district of New Britain to determine the reasonableness of the
rejection. Such application shall be brought in the manner in which appeals are taken
pursuant to section 12-237.
(P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-2, S. 6, 37; 95-220, S. 46; P.A. 99-215,
S. 24, 29.)
History: P.A. 95-2 effective March 8, 1995 (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain at Hartford", effective September 1,
1998); P.A. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain", effective June 29, 1999.
(a) At any time within one hundred eighty days after receipt of the notice of individual
condemnation and assessment of special damages and special benefits, the owner may
agree that the amount of compensation set forth in the notice is just compensation. If
the owner agrees, the owner shall sign the statement of acceptance, under oath, indicating
acceptance of such compensation and file such statement with the secretary. The secretary shall review the statement and, if acceptable, sign such statement and file the statement with the clerk of the Superior Court. Upon receipt of such statement, the clerk of
the Superior Court shall send a certified copy of the statement to the Comptroller, who
shall, upon receipt thereof, draw his order upon the Treasurer in favor of the owner for
the amount due him in the statement of acceptance, provided such amount has not been
withdrawn pursuant to section 12-242mm. Upon the filing of such statement with the
clerk of the Superior Court by the secretary, any and all claims of the owner arising out
of or relating to the takings with respect to affected state obligations of such owner
pursuant to section 12-242gg specified in the notice of individual condemnation and
assessment of special damages and special benefits shall be extinguished.
(b) If the secretary rejects the statement of acceptance, he shall notify the owner by
certified mail, return receipt requested, of such rejection and the reasons for such rejection. The owner may file a statement of acceptance acceptable to the secretary or file a
condemnation appeal pursuant to section 12-242kk within thirty days of the receipt of the
notice of rejection or one hundred eighty days from the filing of the notice of individual
condemnation and assessment of special damages and special benefits, whichever is
later.
(P.A. 95-2, S. 7, 37.)
History: P.A. 95-2 effective March 8, 1995.
(a)
At any time within one hundred eighty days after receipt of the notice of individual
condemnation and assessment of special damages and special benefits by the owner,
such owner, claiming to be aggrieved by the amount of compensation set forth in the
individual notice filed by the secretary with the court, may make application to the
superior court for the judicial district of New Britain for a review of the compensation
set forth in such notice. The court may not extend the time period for making application
to the court pursuant to this section. Such application shall be made by serving a condemnation appeal consisting of a citation, complaint, notice of individual condemnation and
assessment of special damages and special benefits, the claim for compensation form,
and an order of notice signed by the clerk of the court upon the secretary within the time
limitation prescribed in this section and making return to the superior court for the
judicial district of New Britain. A condemnation appeal pursuant to this section shall
be brought in the manner in which appeals are taken pursuant to section 12-237.
(b) Upon receipt of a timely filed condemnation appeal, said court shall refer such
appeal to the mediation or arbitration program mutually selected by the owner and the
secretary. If the owner and the secretary do not agree to a mediation or arbitration program within sixty days after the filing of the condemnation appeal, the court shall issue
a scheduling order requiring the owner and the secretary to submit to the court, for its
review, mediation and arbitration proposals within a period of time specified by the
court. The court, upon a showing of good cause, may extend the sixty-day period. The
court shall select any mediation or arbitration program that the court, in its discretion,
finds to be best suited to the resolution of the condemnation appeal. In no event may
the court order the owner and the secretary to submit to binding arbitration. All mediation
or arbitration costs and fees shall be borne equally by the owner and the secretary.
(c) If the mediation or arbitration program results in a final resolution of the condemnation appeal, the court shall confirm such resolution and enter judgment based on such
resolution. The clerk of the court shall send a certified copy of the judgment to the
secretary and the Comptroller who shall, upon receipt thereof, draw his order upon the
Treasurer in favor of the owner for the amount due him as compensation as specified
in such resolution. Such judgment shall not be appealed by the owner or the secretary
and shall extinguish any and all claims of the owner arising out of or relating to the
takings with respect to affected state obligations of such owner pursuant to section 12-
242gg specified in the notice of individual condemnation and assessment of special
damages and special benefits.
(d) If the mediation or arbitration program provided for in this section does not
result in final resolution of the condemnation appeal within one hundred eighty days
from the date such program is first agreed to by the owner and the secretary, or the date
such program is ordered by the court, as applicable, then said court shall reassess the
secretary's assessment of the special damages and special benefits applicable to such
owner. The court, in its discretion, may, for good cause shown, extend the one-hundred-
eighty-day period. Said court, upon reasonable notice to the owner and the secretary,
shall hear, determine and enter judgment on the condemnation appeal. If no appeal to
the Appellate Court is filed within the time allowed by law, or if one is filed and the
proceedings have terminated in a final judgment finding the amount due the owner, the
clerk shall send a certified copy of the judgment to the secretary and to the Comptroller
who shall, upon receipt thereof, draw his order upon the Treasurer in favor of the owner
for the amount due him as compensation. Such judgment shall extinguish any and all
claims of the owner arising out of or relating to the takings with respect to affected
state obligations of such owner pursuant to section 12-242gg specified in the notice of
individual condemnation and assessment of special damages and special benefits.
(e) Any person entitled to bring a condemnation appeal under this section or the
secretary may, pursuant to the rules established by the judges of the Superior Court,
make a motion for the consolidation of all pending condemnation appeals including
those appeals referred to a mediation or arbitration program under this section into a
class action. The court, on its own motion, may consolidate all condemnation appeals
under this section into a class action.
(f) The secretary may withdraw any notice of individual condemnation and assessment of special damages and special benefits and recover any deposit without penalty
or prejudice at any time prior to its acceptance, pursuant to section 12-242jj, by the
owner or the entry of a final judgment in a condemnation appeal by a court of competent
jurisdiction. The provisions set forth in sections 48-17a and 48-17b shall not be applicable to any proceeding under this section. The secretary shall send notice of withdrawal
in the manner prescribed under section 12-242ii for serving of the notice of individual
condemnation and assessment of special damages and special benefits and shall seek
recovery of any funds withdrawn by the owner pursuant to section 12-242mm.
(g) The provisions of this section shall in no event be construed as providing to any
owner a right to a jury trial.
(P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-2, S. 8, 37; 95-220, S. 46; P.A. 99-215,
S. 24, 29.)
History: P.A. 95-2 effective March 8, 1995 (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain at Hartford", effective September 1,
1998); P.A. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain" in Subsec (a), effective
June 29, 1999.
The secretary may, with the advice and consent
of the Attorney General, settle and compromise any claim arising out of or relating
to section 4-186, 10a-236, 12-39l, 12-213, 12-225, 12-233 or 12-242ee to 12-242yy,
inclusive, with any owner by the payment of money either immediately or over a period
of years, the exchange of a comparable bond or security, or otherwise.
(P.A. 95-2, S. 9, 37.)
History: P.A. 95-2 effective March 8, 1995.
An owner who is named in
a notice of individual condemnation and assessment of special damages and special
benefits may apply to the court for the withdrawal of any portion of the sum deposited
by the secretary pursuant to section 12-242ii which is allocated to such owner as compensation at any time following the filing of such notice. The owner shall provide a bond
to the state, conditioned on the repayment to the state, of so much of such deposit as
may be withdrawn by such owner that exceeds the amount of compensation finally
determined or accepted. Interest shall not be allowed on the deposit in any judgment
for such owner except that interest at the guaranteed interest rate on funds in the Short
Term Investment Fund established pursuant to section 3-27a on March 8, 1995, shall
accrue from said date to the date of filing with the court of the individual notice of
condemnation and assessment of special damages and special benefits. Upon the application of any owner, the court, after determining the equity of the owner in such deposit,
may order that the sum so deposited, or any part thereof, be paid forthwith to the owner
for or on account of the just compensation to be awarded in such proceeding. If the
compensation finally awarded to such owner exceeds the sum so deposited for such
owner, the court shall enter judgment against the state for the amount of the deficiency.
If the compensation finally awarded to such owner is less than the sum deposited for
such owner, the court shall enter judgment against the owner for the amount of such
excess and the state may proceed to recover such excess from the deposit, the bond given,
or from the owner. If the court awards compensation in excess of the sum deposited for
such owner, interest shall accrue at the rate provided in section 37-3c on any excess
amount from March 8, 1995, to the date of payment.
(P.A. 95-2, S. 10, 37.)
History: P.A. 95-2 effective March 8, 1995.
If an owner receives
a notice of individual condemnation and assessment of special damages and special
benefits and fails to: (1) Return a statement of acceptance or (2) file a condemnation
appeal pursuant to section 12-242kk, within one hundred eighty days of the filing of
notice of individual condemnation and assessment of special damages and special benefits or thirty days from the date of rejection of the statement of acceptance, if applicable,
he shall be deemed to have accepted the assessment set forth in such notice and all
claims of the owner arising out of or relating to the takings with respect to affected state
obligations of such owner pursuant to section 12-242gg specified in such notice shall
be extinguished. The secretary shall, within thirty days of the expiration of the one-
hundred-eighty-day period or the thirty-day period, whichever is later, file an application
with the court to pay such owner the amount due the owner as established in the notice
of individual condemnation and assessment of special damages and special benefits.
The court shall certify the assessment and send such certification to the Comptroller
who shall, upon receipt thereof, draw his order upon the Treasurer in favor of the owner
for the amount due him as established in the notice of individual condemnation and
assessment of special damages and special benefits. The owner or the secretary shall
not appeal such certification.
(P.A. 95-2, S. 11, 37.)
History: P.A. 95-2 effective March 8, 1995.
Sections 12-242kk to 12-242nn, inclusive,
shall be the exclusive remedy for resolving any dispute concerning the sufficiency of
compensation for the takings with respect to affected state obligations pursuant to section
12-242gg. In no event shall any owner be awarded costs, including attorney's fees and
expert and appraisal fees, for any action taken pursuant to sections 12-242gg to 12-
242nn, inclusive.
(P.A. 95-2, S. 12, 37.)
History: P.A. 95-2 effective March 8, 1995.
The Attorney General or any owner may
bring an action for declaratory judgment in the superior court for the judicial district of
Hartford against the secretary to determine the constitutionality of sections 4-186, 10a-
236, 12-39l, 12-213, 12-225, 12-233 or 12-242ee to 12-242yy, inclusive, or any portion
thereof, provided in any such declaratory judgment action, the court shall have no jurisdiction to hear or determine any claim of the owner regarding the amount of compensation awarded to such owner or that such compensation is not just. Notwithstanding
section 52-191, any action brought pursuant to this section shall have precedence over
all other civil actions in respect to the order of trial.
(P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-2, S. 13, 37; 95-220, S. 46.)
History: P.A. 95-2 effective March 8, 1995 (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in 1995 public and special acts, effective
September 1, 1998).
The Commissioner of Revenue Services shall adjust
the gross income of any taxpayer subject to the corporation business tax for any and all
income years ending on or after the application date to include in such gross income
interest or exempt interest dividends, as defined in Section 852(b)(5) of the Internal
Revenue Code of 1986, or any subsequent corresponding internal revenue code of the
United States, as from time to time amended, to the extent attributable to interest accrued
on affected state obligations on or after the application date, provided nothing herein
shall be construed to limit the power of the commissioner to examine and correct returns
under the provisions of section 12-233. Each such taxpayer who has previously filed or
been required to file an annual corporation business tax return or whose annual corporation business tax return is due within ninety days of March 8, 1995, shall file an original
or amended corporation business tax return, as applicable, for each such income year
specifically setting forth the amount of interest or exempt interest dividends, as defined
in said Section 852(b)(5) of the Internal Revenue Code of 1986, accrued on such affected
state obligation on or after the application date during each income year during such
period and pay any additional corporation business tax on or before the ninetieth day
after March 8, 1995, provided no interest or penalty shall accrue or be assessed if such
additional tax is paid on or before such ninetieth day. Provided further, the provisions
of section 12-242d shall not apply to any additional tax due pursuant to this section for
any income year commencing prior to March 8, 1995.
(P.A. 95-2, S. 14, 37.)
History: P.A. 95-2 effective March 8, 1995.
(a) Where a state or federal court
has made a final determination that a provision of this title, as applied by the Commissioner of Revenue Services, violates the Constitution of Connecticut or the United States
or other state or federal law and the determination can be applied to past income years,
the commissioner may in his discretion provide refunds of taxes by any one or more of
the following methods: (1) Lump sum payment within one year of such final determination; (2) periodic equal installments; or (3) credits for any liability of the taxpayer for
the same tax in future income years. Installment payments or credits shall be paid in
full no later than five years from the date of the final determination of the commissioner
or a court of competent jurisdiction that a refund is owed to the taxpayer. Interest at the
statutory rate set forth in section 12-227 shall be added to any outstanding balance of
the refund due a taxpayer.
(b) The issuance of such refunds or credits shall constitute complete and final settlement of the claim or claims on which the refund was based.
(c) Notwithstanding the provisions of chapter 54, the Commissioner of Revenue
Services may, in any instance in which, in accordance with said chapter 54, he may or
is required to adopt regulations, adopt rules and issue rulings in lieu of such regulations
for the purposes of this section on a temporary basis, which shall have the force and
effect of regulations, until such regulations are adopted and approved.
(P.A. 95-2, S. 15, 37.)
History: P.A. 95-2 effective March 8, 1995.
Notwithstanding the provisions of section 12-225, the Commissioner of Revenue Services may
grant or deny any pending or future claim for refund of corporation business tax that is
based on the assertion that interest received on stock or obligations of the United States
should not be included in gross income for the purposes of corporation business tax for
any income year within three hundred sixty-five days of the receipt of such claim for
refund.
(P.A. 95-2, S. 16, 37.)
History: P.A. 95-2 effective March 8, 1995.
Sec. 12-242tt. Refunds and exclusion of related expenses applicable to pending
returns. Sections 12-225, 12-233 and 12-242rr shall apply to all amended returns, as
described in subsection (b) of said section 12-225, irrespective of when such returns were
filed, in connection with which a claim for refund is granted or denied or an adjustment to
net income is allowed, in whole or in part, on or after March 8, 1995.
(P.A. 95-2, S. 22, 37.)
History: P.A. 95-2 effective March 8, 1995.
(a) The State Bond Commission shall have
power, in accordance with the provisions of this section from time to time to authorize
the issuance of bonds of the state in one or more series and in principal amounts in the
aggregate, not exceeding thirty-five million five hundred thousand dollars.
(b) The proceeds of the sale of said bonds and the interest on such proceeds shall
be used for the purposes of acquiring the rights with respect to affected state obligations
pursuant to section 12-242gg, including, but not limited to, payment of any compensation and interest for such rights, any refund of corporation business tax and interest
based on the assertion that interest received from stock or obligations of the United
States should not be included in gross income, and all related administrative expenses
as follows: For the Office of Policy and Management: For the Judicial Department,
State Treasurer, Attorney General and the Department of Revenue Services not exceeding forty-eight million dollars and the interest on such amount.
(c) All provisions of section 3-20 or the exercise of any right or power granted
thereby which are not inconsistent with the provisions of this section are hereby adopted
and shall apply to all bonds authorized by the State Bond Commission pursuant to this
section and temporary notes in anticipation of the money to be derived from the sale of
any such bonds so authorized may be issued in accordance with said section 3-20 and
from time to time renewed. Such bonds shall mature at such time or times not exceeding
twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds.
(d) None of said bonds shall be authorized except upon a finding by the State Bond
Commission that there has been filed with it a request for such authorization, which is
signed by the Secretary of the Office of Policy and Management and stating such terms
and conditions as said commission, in its discretion, may require.
(e) For the purposes of this section "state moneys" means the proceeds of the sale
of bonds authorized pursuant to this section or of temporary notes issued in anticipation
of the moneys to be derived from the sale of such bonds. Each request filed as provided
in subsection (d) of this section for an authorization of bonds shall identify the purpose
for which the proceeds of the sale of such bonds are to be used and expended.
(f) Any balance of proceeds of the sale of said bonds and the interest on such proceeds authorized for the purposes of subsection (b) of this section in excess of the aggregate costs of the purposes so authorized shall be deposited in the General Fund.
(g) Net earnings on investment of proceeds, accrued interest and premiums on the
issuance of any such bonds authorized for the purposes of subsection (b) of this section,
after payment of expenses incurred by the Treasurer or State Bond Commission in
connection with their issuance, if any, shall be used for the purposes described in said
subsection (b).
(P.A. 95-2, S. 2329, 37; P.A. 99-241, S. 10, 66.)
History: P.A. 95-2 effective March 8, 1995; P.A. 99-241 amended Subsec. (a) to decrease authorization from
$48,000,000 to $35,500,000, effective July 1, 1999.
Notwithstanding section 1-210, the secretary, his authorized agent or any other officer or employee of the
state shall not disclose any information contained in any claim for compensation form,
notice of individual condemnation and assessment of special damages and special benefits, statement of acceptance or any other related documents in any manner which would
disclose the owner's identity except when distributing such information in the discharge
of their duties pursuant to sections 12-242gg to 12-242nn, inclusive, provided the secretary, his authorized agent or any other officer or employee of the state may disclose
such information to the Commissioner of Revenue Services or his authorized agent,
upon written request by said commissioner or his authorized agent, when required by
said commissioner in the course of duty or when there is reasonable cause to believe
that any state law is being violated. All court records containing such information shall
be sealed unless the owner files a condemnation appeal pursuant to section 12-242kk
or files any other motion, application or complaint with the court concerning the taking
of rights pursuant to section 12-242gg.
(P.A. 95-2, S. 30, 37; P.A. 96-139, S. 1, 13.)
History: P.A. 95-2 effective March 8, 1995; P.A. 96-139 added procedure allowing secretary to disclose information
to Commissioner of Revenue Services under certain conditions, effective May 29, 1996.
Nothing in section 4-
186, 10a-236, 12-39l, 12-213, 12-225, 12-233 or 12-242ee to 12-242yy, inclusive, shall
be construed as a waiver or limitation of such rights as the state has or may have as
against third parties.
(P.A. 95-2, S. 31, 37.)
History: P.A. 95-2 effective March 8, 1995.
(a) The Secretary of the Office of Policy and Management may adopt regulations in accordance with the provisions of chapter 54 to carry
out the purposes of sections 12-242ee to 12-242pp, inclusive, sections 4-186 and 12-
242uu to 12-242yy, inclusive.
(b) Notwithstanding the provisions of chapter 54 or subsection (a) of this section,
the secretary may, in any instance in which, in accordance with said chapter 54, he may
or is required to adopt regulations, adopt rules and issue rulings in lieu of such regulations
for the purposes of said sections on a temporary basis, which shall have the force and
effect of regulations, until such regulations are adopted and approved.
(P.A. 95-2, S. 34, 37.)
History: P.A. 95-2 effective March 8, 1995.
The
Secretary of the Office of Policy and Management may secure the assistance, through
contract or agreement, of any person or state agency, in carrying out his duties under
sections 12-242gg to 12-242nn, inclusive, and section 12-242xx.
(P.A. 95-2, S. 35, 37.)
History: P.A. 95-2 effective March 8, 1995.
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