General Assembly |
File No. 708 |
January Session, 2013 |
Senate, May 6, 2013
The Committee on Finance, Revenue and Bonding reported through SEN. FONFARA of the 1st Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING REVENUE ITEMS TO IMPLEMENT THE BUDGET.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective July 1, 2013) (a) As used in this section:
(1) "Person" means person, as defined in section 12-1 of the general statutes;
(2) "Affected taxable period" means any taxable period ending on or before November 30, 2012;
(3) "Affected person" means a person owing any tax for an affected taxable period;
(4) "Tax" means any tax imposed by any law of this state and required to be collected by the department, other than the tax imposed under chapter 222 of the general statutes on any licensee, as defined in subdivision (1) of subsection (c) of section 12-486 of the general statutes;
(5) "Commissioner" means the Commissioner of Revenue Services; and
(6) "Department" means the Department of Revenue Services.
(b) (1) The commissioner shall establish a tax amnesty program for persons owing any tax for any affected taxable period. The tax amnesty program shall be conducted during the period from September 16, 2013, to November 15, 2013, inclusive.
(2) An amnesty application shall be prepared by the commissioner that shall provide for specification by the affected person of the tax and the affected taxable period for which amnesty is being sought under the tax amnesty program. The commissioner, at his or her discretion, may require that such amnesty applications be filed electronically.
(3) The tax amnesty program shall provide that, upon the filing of an amnesty application by an affected person and payment by such person of the tax and interest due from such person for an affected taxable period, the commissioner shall not seek to collect any civil penalties that may be applicable and shall not seek criminal prosecution for any affected person for an affected taxable period for which amnesty has been granted. Amnesty shall be granted only to those affected persons who have applied for amnesty during the tax amnesty period and who have paid the tax and interest determined by the commissioner to be due upon filing the amnesty application.
(4) An amnesty application, if filed by an affected person and if granted by the commissioner, shall constitute an express and absolute relinquishment by the affected person of all of the affected person's administrative and judicial rights of appeal that have not run or otherwise expired as of the date payment is made for an affected taxable period, and no payment made by an affected person pursuant to this section for an affected taxable period shall be refunded or credited to such person. The commissioner shall not consider any request to exercise the authority granted to the commissioner under section 12-39s of the general statutes in connection with any amnesty application granted by the commissioner.
(5) If an affected person who has filed an amnesty application during the tax amnesty program fails to pay all amounts due to this state for an affected taxable period, any amnesty granted pursuant to this section shall be invalid.
(6) No waiver of penalty or reduction of interest granted pursuant to this section shall entitle any affected person to a refund or credit of any amount previously paid.
(7) In the case of tax due for an affected taxable period, interest shall be computed at the rate of one per cent per month or fraction thereof from the date such tax was originally due to the date of payment, except if the tax and interest are paid in full on or before November 15, 2013, the interest shall be equal to one-fourth of the interest that the department's records show to be due and payable as of the date of filing of the amnesty application for an affected taxable period.
(c) Amnesty shall not be granted pursuant to subsection (b) of this section to any affected person who (1) is a party to any criminal investigation or to any criminal litigation that is pending on July 1, 2013, in any court of the United States or this state, (2) is a party to a closing agreement with the commissioner, (3) has made an offer of compromise that has been accepted by the commissioner, or (4) is a party to a managed audit agreement.
(d) Any person owing any tax for an affected taxable period for which a tax return was required by law to be filed with the commissioner and for which no return has been previously filed by such person, and such person fails to file a timely amnesty application under this section with respect to such affected taxable period shall be subject to a penalty equal to twenty-five per cent of the tax owed for such affected taxable period. The amount of such penalty shall not be subject to waiver.
(e) Notwithstanding any provision of the general statutes, the commissioner may do all things necessary to provide for the timely implementation of this section.
Sec. 2. Subsection (c) of section 4-28e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(c) (1) For the fiscal year ending June 30, 2001, disbursements from the Tobacco Settlement Fund shall be made as follows: (A) To the General Fund in the amount identified as "Transfer from Tobacco Settlement Fund" in the General Fund revenue schedule adopted by the General Assembly; (B) to the Department of Mental Health and Addiction Services for a grant to the regional action councils in the amount of five hundred thousand dollars; and (C) to the Tobacco and Health Trust Fund in an amount equal to nineteen million five hundred thousand dollars.
(2) (A) For the fiscal [year] years ending June 30, 2002, [and each fiscal year thereafter] to June 30, 2013, inclusive, disbursements from the Tobacco Settlement Fund shall be made as follows: [(A)] (i) To the Tobacco and Health Trust Fund in an amount equal to twelve million dollars; [(B)] (ii) to the Biomedical Research Trust Fund in an amount equal to four million dollars; [(C)] (iii) to the General Fund in the amount identified as "Transfer from Tobacco Settlement Fund" in the General Fund revenue schedule adopted by the General Assembly; and [(D)] (iv) any remainder to the Tobacco and Health Trust Fund.
(B) For the fiscal year ending June 30, 2014, and each fiscal year thereafter, disbursements from the Tobacco Settlement Fund shall be made as follows: (i) To the Tobacco and Health Trust Fund in an amount equal to twelve million dollars; (ii) to the General Fund in the amount identified as "Transfer from Tobacco Settlement Fund" in the General Fund revenue schedule adopted by the General Assembly; and (iii) any remainder to the Tobacco and Health Trust Fund.
(3) For each of the fiscal years ending June 30, 2008, to June 30, [2015] 2012, inclusive, the sum of ten million dollars shall be disbursed from the Tobacco Settlement Fund to the Stem Cell Research Fund established by section 19a-32e for grants-in-aid to eligible institutions for the purpose of conducting embryonic or human adult stem cell research.
Sec. 3. Subsection (a) of section 12-211a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to calendar years commencing on or after January 1, 2013):
(a) (1) Notwithstanding any provision of the general statutes, and except as otherwise provided in subdivision (4) of this subsection or in subsection (b) of this section, the amount of tax credit or credits otherwise allowable against the tax imposed under this chapter for any calendar year shall not exceed seventy per cent of the amount of tax due from such taxpayer under this chapter with respect to such calendar year of the taxpayer prior to the application of such credit or credits.
(2) For the calendar year [ending December 31, 2011] commencing January 1, 2011, "type one tax credits" means tax credits allowable under section 12-217jj, 12-217kk or 12-217ll; "type two tax credits" means tax credits allowable under section 38a-88a; "type three tax credits" means tax credits that are not type one tax credits or type two tax credits; "thirty per cent threshold" means thirty per cent of the amount of tax due from a taxpayer under this chapter prior to the application of tax credit; "fifty-five per cent threshold" means fifty-five per cent of the amount of tax due from a taxpayer under this chapter prior to the application of tax credits; and "seventy per cent threshold" means seventy per cent of the amount of tax due from a taxpayer under this chapter prior to the application of tax credits.
(3) For the calendar [year ending December 31, 2012] years commencing January 1, 2012, January 1, 2013, and January 1, 2014, "type one tax credits" means the tax credit allowable under section 12-217ll; "type two tax credits" means tax credits allowable under section 38a-88a; "type three tax credits" means tax credits that are not type one tax credits or type two tax credits; "thirty per cent threshold" means thirty per cent of the amount of tax due from a taxpayer under this chapter prior to the application of tax credit; "fifty-five per cent threshold" means fifty-five per cent of the amount of tax due from a taxpayer under this chapter prior to the application of tax credits; and "seventy per cent threshold" means seventy per cent of the amount of tax due from a taxpayer under this chapter prior to the application of tax credits.
(4) For calendar years commencing on or after January 1, 2011, and prior to January 1, [2013] 2015, and subject to the provisions of subdivisions (2) and (3) of this subsection, the amount of tax credit or credits otherwise allowable against the tax imposed under this chapter shall not exceed:
(A) If the tax credit or credits being claimed by a taxpayer are type three tax credits only, thirty per cent of the amount of tax due from such taxpayer under this chapter with respect to said calendar years of the taxpayer prior to the application of such credit or credits.
(B) If the tax credit or credits being claimed by a taxpayer are type one tax credits and type three tax credits, but not type two tax credits, fifty-five per cent of the amount of tax due from such taxpayer under this chapter with respect to said calendar years of the taxpayer prior to the application of such credit or credits, provided (i) type three tax credits shall be claimed before type one tax credits are claimed, (ii) the type three tax credits being claimed may not exceed the thirty per cent threshold, and (iii) the sum of the type one tax credits and the type three tax credits being claimed may not exceed the fifty-five per cent threshold.
(C) If the tax credit or credits being claimed by a taxpayer are type two tax credits and type three tax credits, but not type one tax credits, seventy per cent of the amount of tax due from such taxpayer under this chapter with respect to said calendar years of the taxpayer prior to the application of such credit or credits, provided (i) type three tax credits shall be claimed before type two tax credits are claimed, (ii) the type three tax credits being claimed may not exceed the thirty per cent threshold, and (iii) the sum of the type two tax credits and the type three tax credits being claimed may not exceed the seventy per cent threshold.
(D) If the tax credit or credits being claimed by a taxpayer are type one tax credits, type two tax credits and type three tax credits, seventy per cent of the amount of tax due from such taxpayer under this chapter with respect to said calendar years of the taxpayer prior to the application of such credits, provided (i) type three tax credits shall be claimed before type one tax credits or type two tax credits are claimed, and the type one tax credits shall be claimed before the type two tax credits are claimed, (ii) the type three tax credits being claimed may not exceed the thirty per cent threshold, (iii) the sum of the type one tax credits and the type three tax credits being claimed may not exceed the fifty-five per cent threshold, and (iv) the sum of the type one tax credits, the type two tax credits and the type three tax credits being claimed may not exceed the seventy per cent threshold.
(E) If the tax credit or credits being claimed by a taxpayer are type one tax credits and type two tax credits only, but not type three tax credits, seventy per cent of the amount of tax due from such taxpayer under this chapter with respect to said calendar years of the taxpayer prior to the application of such credits, provided (i) the type one tax credits shall be claimed before type two tax credits are claimed, (ii) the type one tax credits being claimed may not exceed the fifty-five per cent threshold, and (iii) the sum of the type one tax credits and the type two tax credits being claimed may not exceed the seventy per cent threshold.
Sec. 4. Subdivision (7) of subsection (b) of section 12-214 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(7) (A) With respect to income years commencing on or after January 1, 2012, and prior to January 1, [2014] 2016, any company subject to the tax imposed in accordance with subsection (a) of this section shall pay, for each such income year, except when the tax so calculated is equal to two hundred fifty dollars, an additional tax in an amount equal to twenty per cent of the tax calculated under said subsection (a) for such income year, without reduction of the tax so calculated by the amount of any credit against such tax. The additional amount of tax determined under this subsection for any income year shall constitute a part of the tax imposed by the provisions of said subsection (a) and shall become due and be paid, collected and enforced as provided in this chapter.
(B) Any company whose gross income for the income year was less than one hundred million dollars shall not be subject to the additional tax imposed under subparagraph (A) of this subdivision. This exception shall not apply to companies filing a combined return for the income year under section 12-223a or a unitary return under subsection (d) of section 12-218d.
Sec. 5. Subdivision (7) of subsection (b) of section 12-219 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(7) (A) With respect to income years commencing on or after January 1, 2012, and prior to January 1, [2014] 2016, the additional tax imposed on any company and calculated in accordance with subsection (a) of this section shall, for each such income year, except when the tax so calculated is equal to two hundred fifty dollars, be increased by adding thereto an amount equal to twenty per cent of the additional tax so calculated for such income year, without reduction of the tax so calculated by the amount of any credit against such tax. The increased amount of tax payable by any company under this section, as determined in accordance with this subsection, shall become due and be paid, collected and enforced as provided in this chapter.
(B) Any company whose gross income for the income year was less than one hundred million dollars shall not be subject to the additional tax imposed under subparagraph (A) of this subdivision. This exception shall not apply to companies filing a combined return for the income year under section 12-223a or a unitary return under subsection (d) of section 12-218d.
Sec. 6. Subdivision (2) of subsection (a) of section 12-407 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013, and applicable to sales occurring on or after said date):
(2) "Sale" and "selling" mean and include:
(A) Any transfer of title, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration;
(B) Any withdrawal, except a withdrawal pursuant to a transaction in foreign or interstate commerce, of tangible personal property from the place where it is located for delivery to a point in this state for the purpose of the transfer of title, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of the property for a consideration;
(C) The producing, fabricating, processing, printing or imprinting of tangible personal property for a consideration for consumers who furnish either directly or indirectly the materials used in the producing, fabricating, processing, printing or imprinting, including, but not limited to, sign construction, photofinishing, duplicating and photocopying;
(D) The furnishing and distributing of tangible personal property for a consideration by social clubs and fraternal organizations to their members or others;
(E) The furnishing, preparing, or serving for a consideration of food, meals or drinks;
(F) A transaction whereby the possession of property is transferred but the seller retains the title as security for the payment of the price;
(G) A transfer for a consideration of the title of tangible personal property which has been produced, fabricated or printed to the special order of the customer, or of any publication, including, but not limited to, sign construction, photofinishing, duplicating and photocopying;
(H) A transfer for a consideration of the occupancy of any room or rooms in a hotel or lodging house for a period of thirty consecutive calendar days or less;
(I) The rendering of certain services, as defined in subdivision (37) of this subsection, for a consideration, exclusive of such services rendered by an employee for the employer;
(J) The leasing or rental of tangible personal property of any kind whatsoever, including, but not limited to, motor vehicles, linen or towels, machinery or apparatus, office equipment and data processing equipment, provided for purposes of this subdivision and the application of sales and use tax to contracts of lease or rental of tangible personal property, the leasing or rental of any motion picture film by the owner or operator of a motion picture theater for purposes of display at such theater shall not constitute a sale within the meaning of this subsection;
(K) The rendering of telecommunications service, as defined in subdivision (26) of this subsection, for a consideration on or after January 1, 1990, exclusive of any such service rendered by an employee for the employer of such employee, subject to the provisions related to telecommunications service in accordance with section 12-407a;
(L) (i) The rendering of community antenna television service, as defined in subdivision (27) of this subsection, for a consideration on or after January 1, 1990, exclusive of any such service rendered by an employee for the employer of such employee. For purposes of this chapter, "community antenna television service" includes service provided by a holder of a certificate of cable franchise authority pursuant to section 16-331p, and service provided by a community antenna television company issued a certificate of video franchise authority pursuant to section 16-331e for any service area in which it was not certified to provide community antenna television service pursuant to section 16-331 on or before October 1, 2007;
(ii) The rendering of certified competitive video service, as defined in subdivision (38) of this subsection, for consideration on or after October 1, 2007, exclusive of any such service rendered by an employee for the employer of such employee;
(M) The transfer for consideration of space or the right to use any space for the purpose of storage or mooring of any noncommercial vessel, exclusive of dry or wet storage or mooring of such vessel during the period commencing on the first day of November in any year to and including the thirtieth day of April of the next succeeding year;
(N) The sale for consideration of naming rights to any place of amusement, entertainment or recreation within the meaning of subdivision (3) of section 12-540;
(O) The transfer for consideration of a prepaid telephone calling service, as defined in subdivision (34) of this subsection, and the recharge of a prepaid telephone calling service, provided, if the sale or recharge of a prepaid telephone calling service does not take place at the retailer's place of business and an item is shipped by the retailer to the customer, the sale or recharge shall be deemed to take place at the customer's shipping address, but, if such sale or recharge does not take place at the retailer's place of business and no item is shipped by the retailer to the customer, the sale or recharge shall be deemed to take place at the customer's billing address or the location associated with the customer's mobile telephone number; [and]
(P) The furnishing by any person, for a consideration, of space for storage of tangible personal property when such person is engaged in the business of furnishing such space, but "sale" and "selling" do not mean or include the furnishing of space which is used by a person for residential purposes. As used in this subparagraph, "space for storage" means secure areas, such as rooms, units, compartments or containers, whether accessible from outside or from within a building, that are designated for the use of a customer, where the customer can store and retrieve property, including self-storage units, mini-storage units and areas by any other name to which the customer has either unlimited free access or free access within reasonable business hours or upon reasonable notice to the service provider to add or remove property, but does not mean the rental of an entire building, such as a warehouse. For purposes of this subparagraph, furnishing space for storage shall not include general warehousing and storage, where the warehouse typically handles, stores and retrieves a customer's property using the warehouse's staff and equipment and does not allow the customer free access to the storage space and shall not include accepting specific items of property for storage, such as clothing at a dry cleaning establishment or golf bags at a golf club; [.] and
(Q) The electronic transfer, for a consideration, exclusive of business to business transactions, of any specified digital product, as defined in subdivision (42) of this subsection, that grants to a purchaser a right or license to use, retain or copy such digital product, regardless of whether the seller has granted the purchaser a right of permanent use and regardless of whether the purchaser's right of use is conditioned upon continued payment.
Sec. 7. Subsection (a) of section 12-407 of the general statutes is amended by adding subdivision (42) as follows (Effective July 1, 2013, and applicable to sales occurring on or after said date):
(NEW) (42) "Specified digital product" means an electronically transferred digital audio-visual work, digital audio work, including a ringtone or digital book, and includes a digital code that provides a purchaser with a right to obtain the product. "Specified digital product" does not include video programming services, including video on demand television services, broadcasting services or content to provide such services.
Sec. 8. Subdivision (1) of section 12-408 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(1) (A) For the privilege of making any sales, as defined in subdivision (2) of subsection (a) of section 12-407, at retail, in this state for a consideration, a tax is hereby imposed on all retailers at the rate of six and thirty-five-hundredths per cent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail or from the rendering of any services constituting a sale in accordance with subdivision (2) of subsection (a) of section 12-407, except, in lieu of said rate of six and thirty-five-hundredths per cent, the rates provided in subparagraphs (B) to [(F)] (H), inclusive, of this subdivision;
(B) At a rate of fifteen per cent with respect to each transfer of occupancy, from the total amount of rent received for such occupancy of any room or rooms in a hotel or lodging house for the first period not exceeding thirty consecutive calendar days;
(C) With respect to the sale of a motor vehicle to any individual who is a member of the armed forces of the United States and is on full-time active duty in Connecticut and who is considered, under 50 App USC 574, a resident of another state, or to any such individual and the spouse thereof, at a rate of four and one-half per cent of the gross receipts of any retailer from such sales, provided such retailer requires and maintains a declaration by such individual, prescribed as to form by the commissioner and bearing notice to the effect that false statements made in such declaration are punishable, or other evidence, satisfactory to the commissioner, concerning the purchaser's state of residence under 50 App USC 574;
(D) (i) With respect to the sales of computer and data processing services occurring on or after July 1, 1997, and prior to July 1, 1998, at the rate of five per cent, on or after July 1, 1998, and prior to July 1, 1999, at the rate of four per cent, on or after July 1, 1999, and prior to July 1, 2000, at the rate of three per cent, on or after July 1, 2000, and prior to July 1, 2001, at the rate of two per cent, on or after July 1, 2001, at the rate of one per cent, and, on or after July 1, 2013, at the rate of one per cent, provided the sale and use is by and to a business entity, and such services are to be used directly in or by a business, and (ii) with respect to sales of Internet access services, on and after July 1, 2001, such services shall be exempt from such tax;
(E) (i) With respect to the sales of labor that is otherwise taxable under subparagraph (C) or (G) of subdivision (2) of subsection (a) of section 12-407 on existing vessels and repair or maintenance services on vessels occurring on and after July 1, 1999, such services shall be exempt from such tax;
(ii) With respect to the sale of a vessel, such sale shall be exempt from such tax provided such vessel is docked in this state for sixty or fewer days in a calendar year;
(F) With respect to patient care services for which payment is received by the hospital on or after July 1, 1999, and prior to July 1, 2001, at the rate of five and three-fourths per cent and on and after July 1, 2001, such services shall be exempt from such tax;
(G) With respect to the rental or leasing of a passenger motor vehicle for a period of thirty consecutive calendar days or less, at a rate of nine and thirty-five-hundredths per cent;
(H) With respect to the sale of (i) a motor vehicle for a sales price exceeding fifty thousand dollars, at a rate of seven per cent on the entire sales price, (ii) [a vessel for a sales price exceeding one hundred thousand dollars, at a rate of seven per cent on the entire sales price, (iii)] jewelry, whether real or imitation, for a sales price exceeding five thousand dollars, at a rate of seven per cent on the entire sales price, and [(iv)] (iii) an article of clothing or footwear intended to be worn on or about the human body, a handbag, luggage, umbrella, wallet or watch for a sales price exceeding one thousand dollars, at a rate of seven per cent on the entire sales price. For purposes of this subparagraph, "motor vehicle" shall have the meaning provided in section 14-1, but shall not include a motor vehicle subject to the provisions of subparagraph (C) of this subdivision, a motor vehicle having a gross vehicle weight rating over twelve thousand five hundred pounds, or a motor vehicle having a gross vehicle weight rating of twelve thousand five hundred pounds or less that is not used for private passenger purposes, but is designed or used to transport merchandise, freight or persons in connection with any business enterprise and issued a commercial registration or more specific type of registration by the Department of Motor Vehicles;
(I) The rate of tax imposed by this chapter shall be applicable to all retail sales upon the effective date of such rate, except that a new rate which represents an increase in the rate applicable to the sale shall not apply to any sales transaction wherein a binding sales contract without an escalator clause has been entered into prior to the effective date of the new rate and delivery is made within ninety days after the effective date of the new rate. For the purposes of payment of the tax imposed under this section, any retailer of services taxable under subparagraph (I) of subdivision (2) of subsection (a) of section 12-407, who computes taxable income, for purposes of 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, on an accounting basis which recognizes only cash or other valuable consideration actually received as income and who is liable for such tax only due to the rendering of such services may make payments related to such tax for the period during which such income is received, without penalty or interest, without regard to when such service is rendered; and
[(J) For calendar quarters ending on or after September 30, 2011, the commissioner shall deposit into the municipal revenue sharing account, established pursuant to section 4-66l, one and fifty-seven-hundredths per cent of the amounts received by the state from the tax imposed under subparagraph (A) of this subdivision, and one and forty-three-hundredths per cent of the amounts received by the state from the tax imposed under subparagraph (H) of this subdivision; and]
[(K)] (J) For calendar quarters ending on or after September 30, 2011, the commissioner shall deposit into the regional performance incentive account, established pursuant to section 4-66k, six and seven-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (B) of this subdivision and ten and seven-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (G) of this subdivision.
Sec. 9. Subdivision (1) of section 12-411 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(1) (A) An excise tax is hereby imposed on the storage, acceptance, consumption or any other use in this state of tangible personal property purchased from any retailer for storage, acceptance, consumption or any other use in this state, the acceptance or receipt of any services constituting a sale in accordance with subdivision (2) of subsection (a) of section 12-407, purchased from any retailer for consumption or use in this state, or the storage, acceptance, consumption or any other use in this state of tangible personal property which has been manufactured, fabricated, assembled or processed from materials by a person, either within or without this state, for storage, acceptance, consumption or any other use by such person in this state, to be measured by the sales price of materials, at the rate of six and thirty-five-hundredths per cent of the sales price of such property or services, except, in lieu of said rate of six and thirty-five-hundredths per cent;
(B) At a rate of fifteen per cent of the rent paid for occupancy of any room or rooms in a hotel or lodging house for the first period of not exceeding thirty consecutive calendar days;
(C) With respect to the storage, acceptance, consumption or use in this state of a motor vehicle purchased from any retailer for storage, acceptance, consumption or use in this state by any individual who is a member of the armed forces of the United States and is on full-time active duty in Connecticut and who is considered, under 50 App USC 574, a resident of another state, or to any such individual and the spouse of such individual at a rate of four and one-half per cent of the sales price of such vehicle, provided such retailer requires and maintains a declaration by such individual, prescribed as to form by the commissioner and bearing notice to the effect that false statements made in such declaration are punishable, or other evidence, satisfactory to the commissioner, concerning the purchaser's state of residence under 50 App USC 574;
(D) (i) With respect to the acceptance or receipt in this state of labor that is otherwise taxable under subparagraph (C) or (G) of subdivision (2) of subsection (a) of section 12-407 on existing vessels and repair or maintenance services on vessels occurring on and after July 1, 1999, such services shall be exempt from such tax;
(ii) With respect to the storage, acceptance or other use of a vessel in this state, such storage, acceptance or other use shall be exempt from such tax, provided such vessel is docked in this state for sixty or fewer days in a calendar year;
(E) With respect to the acceptance or receipt in this state of computer and data processing services purchased from any retailer for consumption or use in this state occurring on or after July 1, 1997, and prior to July 1, 1998, at the rate of five per cent of such services, on or after July 1, 1998, and prior to July 1, 1999, at the rate of four per cent of such services, on or after July 1, 1999, and prior to July 1, 2000, at the rate of three per cent of such services, on or after July 1, 2000, and prior to July 1, 2001, at the rate of two per cent of such services, on and after July 1, 2001, at the rate of one per cent of such services, and, on or after July 1, 2013, at the rate of one per cent, provided the sale and use is by and to a business entity, and such services are to be used directly in or by a business, and (ii) with respect to the acceptance or receipt in this state of Internet access services, on or after July 1, 2001, such services shall be exempt from tax;
(F) With respect to the acceptance or receipt in this state of patient care services purchased from any retailer for consumption or use in this state for which payment is received by the hospital on or after July 1, 1999, and prior to July 1, 2001, at the rate of five and three-fourths per cent and on and after July 1, 2001, such services shall be exempt from such tax;
(G) With respect to the rental or leasing of a passenger motor vehicle for a period of thirty consecutive calendar days or less, at a rate of nine and thirty-five-hundredths per cent;
(H) With respect to the sale of (i) a motor vehicle for a sales price exceeding fifty thousand dollars, at a rate of seven per cent on the entire [purchase] sales price, (ii) [a vessel for a sales price exceeding one hundred thousand dollars, at a rate of seven per cent on the entire purchase price, (iii)] jewelry, whether real or imitation, for a sales price exceeding five thousand dollars, at a rate of seven per cent on the entire [purchase] sales price, and [(iv)] (iii) an article of clothing or footwear intended to be worn on or about the human body, a handbag, luggage, umbrella, wallet or watch for a sales price exceeding one thousand dollars, at a rate of seven per cent on the entire [purchase] sales price. For purposes of this subparagraph, "motor vehicle" shall have the meaning provided in section 14-1, but shall not include a motor vehicle subject to the provisions of subparagraph (C) of this subdivision, a motor vehicle having a gross vehicle weight rating over twelve thousand five hundred pounds, or a motor vehicle having a gross vehicle weight rating of twelve thousand five hundred pounds or less that is not used for private passenger purposes, but is designed or used to transport merchandise, freight or persons in connection with any business enterprise and issued a commercial registration or more specific type of registration by the Department of Motor Vehicles; and
[(I) For calendar quarters ending on or after September 30, 2011, the commissioner shall deposit into the municipal revenue sharing account, established pursuant to section 4-66l, one and fifty-seven-hundredths per cent of the amounts received by the state from the tax imposed under subparagraph (A) of this subdivision, and one and forty-three-hundredths of the amounts received by the state from the tax imposed under subparagraph (H) of this subdivision; and]
[(J)] (I) For calendar quarters ending on or after September 30, 2011, the commissioner shall deposit into the regional performance incentive account, established pursuant to section 4-66k, six and seven-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (B) of this subdivision and ten and seven-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (G) of this subdivision.
Sec. 10. Section 12-633 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The Commissioner of Revenue Services shall grant a credit against any tax due under the provisions of chapter 207, 208, 209, 210, 211 or 212 in an amount not to exceed sixty per cent of the total cash amount invested during the taxable year by the business firm in programs operated or created pursuant to proposals approved pursuant to section 12-632, provided a tax credit not to exceed one hundred per cent of the total cash amount invested during the taxable year by the business firm may be allowed for investment in certain energy conservation or neighborhood advocacy projects as provided in subdivisions (1), [and] (2) and (3) of section 12-635, as amended by this act.
Sec. 11. Section 12-635 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The Commissioner of Revenue Services shall grant a credit against any tax due under the provisions of chapter 207, 208, 209, 210, 211 or 212: (1) In an amount not to exceed one hundred per cent of the total cash amount invested during the taxable year by the business firm in programs operated or created pursuant to proposals approved pursuant to section 12-632 for energy conservation projects directed toward properties occupied by persons, at least seventy-five per cent of whom are at an income level not exceeding one hundred fifty per cent of the poverty level for the year next preceding the year during which such tax credit is to be granted; (2) in an amount [equal to] not to exceed one hundred per cent of the total cash amount invested during the taxable year by the business firm in programs operated or created pursuant to proposals approved pursuant to section 12-632 for energy conservation projects at properties owned or occupied by charitable corporations, foundations, trusts or other entities as determined under regulations adopted pursuant to this chapter; [or] (3) in an amount not to exceed one hundred per cent of the total cash amount invested during the taxable year by the business firm for neighborhood advocacy provided to a targeted investment community, as defined in section 32-222; or (4) in an amount not to exceed sixty per cent of the total cash amount invested during the taxable year by the business firm (A) in employment and training programs directed at youths, at least seventy-five per cent of whom are at an income level not exceeding one hundred fifty per cent of the poverty level for the year next preceding the year during which such tax credit is to be granted; (B) in employment and training programs directed at handicapped persons as determined under regulations adopted pursuant to this chapter; (C) in employment and training programs for unemployed workers who are fifty years of age or older; (D) in education and employment training programs for recipients in the temporary family assistance program; or (E) in child care services. Any other program which serves persons at least seventy-five per cent of whom are at an income level not exceeding one hundred fifty per cent of the poverty level for the year next preceding the year during which such tax credit is to be granted and which meets the standards for eligibility under this chapter shall be eligible for a tax credit under this section in an amount equal to sixty per cent of the total cash invested by the business firm in such program.
Sec. 12. Section 12-704e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to taxable years commencing on or after January 1, 2013):
(a) Any resident of this state, as defined in subdivision (1) of subsection (a) of section 12-701, who is subject to the tax imposed under this chapter for any taxable year shall be allowed a credit against the tax otherwise due under this chapter in an amount equal to [thirty per cent] the applicable percentage, as defined in subsection (e) of this section, of the earned income credit claimed and allowed for the same taxable year under Section 32 of the Internal Revenue Code, as defined in subsection (a) of section 12-701.
(b) If the amount of the credit allowed pursuant to this section exceeds the taxpayer's liability for the tax imposed under this chapter, the Commissioner of Revenue Services shall treat such excess as an overpayment and, except as provided under section 12-739 or 12-742, shall refund the amount of such excess, without interest, to the taxpayer.
(c) If a married individual who is otherwise eligible for the credit allowed hereunder has filed a joint federal income tax return for the taxable year, but is required to file a separate return under this chapter for such taxable year, the credit for which such individual is eligible under this section shall be an amount equal to [thirty per cent] the applicable percentage, as defined in subsection (e) of this section, of the earned income credit claimed and allowed for such taxable year under said Section 32 of the Internal Revenue Code multiplied by a fraction, the numerator of which is such individual's federal adjusted gross income, as reported on such individual's separate return under this chapter, and the denominator of which is the federal adjusted gross income, as reported on the joint federal income tax return.
(d) To the extent permitted under federal law, any state or federal earned income tax credit shall not be counted as income when received by an individual who is an applicant for, or recipient of, benefits or services under any state or federal program that provides such benefits or services based on need, nor shall any such earned income tax credit be counted as resources, for the purpose of determining the individual's or any other individual's eligibility for such benefits or services, or the amount of such benefits or services.
(e) For purposes of this section, "applicable percentage" means thirty per cent, except (1) for the taxable year commencing on January 1, 2013, "applicable percentage" means twenty-five per cent, and (2) for the taxable year commencing on January 1, 2014, "applicable percentage" means twenty-seven and one-half per cent.
Sec. 13. Section 13b-61a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Notwithstanding the provisions of subsection (a) of section 13b-61: (1) For calendar quarters ending on or after September 30, 1998, and prior to September 30, 1999, the Commissioner of Revenue Services shall deposit into the Special Transportation Fund established under section 13b-68 five million dollars of the amount of funds received by the state from the tax imposed under section 12-587 on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (2) for calendar quarters ending September 30, 1999, and prior to September 30, 2000, the commissioner shall deposit into the Special Transportation Fund nine million dollars of the amount of such funds received by the state from the tax imposed under said section 12-587 on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (3) for calendar quarters ending September 30, 2000, and prior to September 30, 2002, the commissioner shall deposit into the Special Transportation Fund eleven million five hundred thousand dollars of the amount of such funds received by the state from the tax imposed under said section 12-587 on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (4) for the calendar quarters ending September 30, 2002, and prior to September 30, 2003, the commissioner shall deposit into the Special Transportation Fund, five million dollars of the amount of such funds received by the state from the tax imposed under said section 12-587 on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; (5) for the calendar quarter ending September 30, 2003, and prior to September 30, 2005, the commissioner shall deposit into the Special Transportation Fund, five million two hundred fifty thousand dollars of the amount of such funds received by the state from the tax imposed under said section 12-587 on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel; and (6) for the calendar quarters ending September 30, 2005, and prior to September 30, 2006, the commissioner shall deposit into the Special Transportation Fund ten million eight hundred seventy-five thousand dollars of the amount of such funds received by the state from the tax imposed under said section 12-587 on the gross earnings from the sales of petroleum products attributable to sales of motor vehicle fuel.
(b) Notwithstanding the provisions of subsection (a) of section 13b-61, for calendar quarters ending on or after September 30, 2006, the Comptroller shall deposit into the Special Transportation Fund an annual amount in accordance with the following schedule, from such funds received by the state from the tax imposed under said section 12-587 on the gross earnings from the sales of petroleum products. Such transfers shall be made in quarterly installments.
T1 |
Fiscal Year |
Annual Transfer | |
T2 |
|||
T3 |
2007 |
$141,000,000 | |
T4 |
2008 |
$127,800,000 | |
T5 |
2009 |
$141,900,000 | |
T6 |
2010 |
$141,900,000 | |
T7 |
2011 |
$165,300,000 | |
T8 |
2012 |
$226,900,000 | |
T9 |
2013 |
$199,400,000 | |
T10 |
2014 |
[$222,700,000] $380,700,000 | |
T11 |
2015 |
[$226,800,000] $379,100,000 | |
T12 |
2016 and thereafter |
[$231,400,000] $377,300,000 |
(c) If in any calendar quarter ending on or after September 30, 2006, receipts from the tax imposed under section 12-587 are less than twenty-five per cent of the total of (1) the amount required to be transferred pursuant to the Special Transportation Fund pursuant to subsections (a) and (b) of this section, and (2) any other transfers required by law, the Comptroller shall certify to the Treasurer the amount of such shortfall and shall forthwith transfer an amount equal to such shortfall from the resources of the General Fund into the Special Transportation Fund.
(d) The Commissioner of Revenue Services shall, on or before January 1, 2013, and on or before the first day of January biennially thereafter, calculate the amount of tax paid pursuant to section 12-587 on gasoline sold for the prior fiscal year as a percentage of total tax collected under said section. Such percentage shall become the basis for determining the transfers to be made under subsection (b) of this section. The commissioner shall notify the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding, and the Secretary of the Office of Policy and Management of such percentage calculation.
Sec. 14. Section 13b-61c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) For the fiscal year ending June 30, 2010, the Comptroller shall transfer the sum of seventy-one million two hundred thousand dollars from the resources of the General Fund to the Special Transportation Fund.
(b) For the fiscal year ending June 30, 2011, the Comptroller shall transfer the sum of one hundred seven million five hundred fifty thousand dollars from the resources of the General Fund to the Special Transportation Fund.
(c) For the fiscal year ending June 30, 2012, the Comptroller shall transfer the sum of eighty-one million five hundred fifty thousand dollars from the resources of the General Fund to the Special Transportation Fund.
(d) For the fiscal year ending June 30, 2013, the Comptroller shall transfer the sum of ninety-five million two hundred forty-five thousand dollars from the resources of the General Fund to the Special Transportation Fund.
(e) For the fiscal year ending June 30, [2014, and annually thereafter] 2015, the Comptroller shall transfer the sum of [one hundred seventy-two million eight hundred thousand] twenty million five hundred thousand dollars from the resources of the General Fund to the Special Transportation Fund.
(f) For the fiscal year ending June 30, 2016, the Comptroller shall transfer the sum of one hundred fifty-two million eight hundred thousand dollars from the resources of the General Fund to the Special Transportation Fund.
(g) For the fiscal year ending June 30, 2017, and annually thereafter, the Comptroller shall transfer the sum of one hundred sixty-two million eight hundred thousand dollars from the resources of the General Fund to the Special Transportation Fund.
Sec. 15. Subdivision (1) of subsection (i) of section 32-9t of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014):
(i) (1) There shall be allowed as a credit against the tax imposed under chapters 207 to 212a, inclusive, or section 38a-743, or a combination of said taxes, an amount equal to the following percentage of approved investments made by or on behalf of a taxpayer with respect to the following income years of the taxpayer: (A) With respect to the income year in which the investment in the eligible project was made and the two next succeeding income years, zero per cent; (B) with respect to the third full income year succeeding the year in which the investment in the eligible project was made and the three next succeeding income years, ten per cent; (C) with respect to the seventh full income year succeeding the year in which the investment in the eligible project was made and the next two succeeding years, twenty per cent. The sum of all tax credits granted pursuant to the provisions of this section shall not exceed one hundred million dollars with respect to a single eligible urban reinvestment project or a single eligible industrial site investment project approved by the commissioner. The sum of all tax credits granted pursuant to the provisions of this section shall not exceed [six hundred fifty million] eight hundred million dollars.
Sec. 16. Section 12-81 of the general statutes is amended by adding subdivision (78) as follows (Effective October 1, 2013):
(NEW) (78) (A) On and after July 1, 2019, an eligible vehicle belonging to any person who is an owner or a lessee of such eligible vehicle, provided this exemption shall apply to the net assessed value of such eligible vehicle up to a maximum value of twenty thousand dollars;
(B) For purposes of this subdivision, "eligible vehicle" means a car, light duty truck, pick-up truck or motorcycle identified on a list the Commissioner of Motor Vehicles provides to the assessor of each town pursuant to section 14-163; "lessee" means a person who leases an eligible vehicle for a period of not less than one year, from a lessor who is a licensee under section 14-15, pursuant to a written lease agreement that assigns responsibility for the payment of any property tax for the eligible vehicle to such lessee, regardless of whether a charge for such tax is separately stated in said agreement or on a bill or invoice that may be rendered to the lessee by either a taxing jurisdiction or the lessor; "net assessed value" means the valuation of an eligible vehicle for purposes of assessment, less the total of all property tax exemption for which the owner of such eligible vehicle qualifies; and "person" means a natural person.
Sec. 17. (NEW) (Effective July 1, 2013) (a) For purposes of this section:
(1) "Gas company" means a gas company, as defined in section 16-1 of the general statutes;
(2) "Person" means person, as defined in section 12-1 of the general statutes;
(3) "Comprehensive energy plan" means the comprehensive energy plan described in section 16a-3d of the general statutes; and
(4) "Eligible customer" means a person (A) whose premises (i) as of July 1, 2013, are not located on or within one hundred fifty feet of a gas distribution main, and (ii) are included in the natural gas expansion plan prepared by a gas company and approved by the Department of Energy and Environmental Protection pursuant to the comprehensive energy plan, and (B) who has made a commitment, on or after July 1, 2013, and prior to January 1, 2014, to a gas company to convert to natural gas when natural gas is available.
(b) There shall be allowed a credit to a gas company against the tax imposed under chapter 212 of the general statutes, for calendar quarters commencing on and after July 1, 2014. Such credit shall be in an amount equal to the amount credited by a gas company to an eligible customer. In no event shall the total amount credited by such gas company to an eligible customer exceed five hundred dollars, and no credits shall be allowed by such gas company to eligible customers until calendar quarters commencing on or after October 1, 2013.
(c) To claim a credit under this section, a gas company shall establish, to the satisfaction of the Commissioner of Revenue Services, that it granted to each eligible customer on such customer's monthly bill or invoice an amount equal to the credit claimed by such gas company.
(d) The total amount of credits granted under this section shall not exceed five million dollars in each fiscal year, commencing with the fiscal year ending June 30, 2015.
Sec. 18. (NEW) (Effective from passage) (a) Residential customers and small commercial customers, as each is defined in subsection (k) of section 16-244c of the general statutes, who, as of June 1, 2013, are receiving the standard offer and have not contracted with a participating electric supplier, shall be aggregated by the state for the purpose of auctioning the right to provide competitively-priced electric generation service to such customers by electric suppliers licensed in the state pursuant to section 16-245 of the general statutes.
(b) The procurement manager of the Public Utilities Regulatory Authority shall issue a request for proposals to all electric suppliers licensed in the state for a bid to provide a full service contract to blocks of residential customers and small commercial customers on the standard offer at a price that is not less than five per cent below the standard offer rate for such customer class as of April 1, 2013, for a period of not less than twelve months from the date such service commences. The procurement manager shall establish the criteria for selection of the successful proposers for competitive electric supplier and shall provide the notice of the request for proposals to each electric supplier licensed in this state as of the date of the issuance of the request for proposals.
(c) (1) The responses to the request for proposal shall include the price per customer such electric supplier will offer for the right to supply electricity to customer blocks of not less than one hundred thousand and the price per customer for each additional increment of not less than ten thousand additional customers.
(2) The proposed term offered by such electric supplier shall be for a term of not less than three years and shall lock in the rate set forth in subsection (b) of this section for a period of not less than twelve months from the commencement of service and shall include a schedule for price determination for the subsequent two-year period.
(3) The price per customer shall be expressed in cost per kilowatt hour and may include different rates for different customer classes and levels of usage.
(d) The electric distribution companies supplying residential customers and small commercial customers on the standard offer shall provide to the procurement manager such relevant data as requested by the procurement manager for purposes of developing the request for proposals, including, but not limited to, the average per customer usage in each such customer class for the previous twelve-month period, the number of such customers who are delinquent, have defaulted or are in collections, and the net average number of such customers who moved off of the standard offer in the preceding twelve-month period.
(e) Nothing in this section shall prohibit a residential customer or small business customer who has been aggregated and auctioned to an electric supplier from choosing to obtain service from any other licensed electric supplier at any time.
(f) The procurement manager shall issue a request for proposals on or before July 1, 2013, and at subsequent intervals of not less than three years or when the number of new residential customers and small commercial customers on the standard offer and not served by a competitive electric supplier reaches a threshold of ten thousand customers.
(g) The electric supplier or suppliers awarded a competitive supply contract as a result of the request for proposals issued pursuant to this section shall remit the amount accepted as its per customer bid to the state for deposit into the General Fund not later than thirty days after the date of the award.
(h) In accordance with the provisions of section 16-244m of the general statutes, an electric distribution company shall continue to provide service to (1) any residential customer or small commercial customer not transferred to a competitive electric supplier as a result of the auction process provided for in this section, or (2) any new residential customer or small commercial customer that does not select a competitive electric supplier.
(i) The procurement manager may require an electric supplier to provide forms of assurance that the contracts resulting from the auction process will be fulfilled. An electric supplier that fails to fulfill its contractual obligations pursuant to an award in accordance with this section shall be subject to civil penalties, in accordance with the provisions of section 16-41 of the general statutes, or the suspension or revocation of such electric supplier's license, or a prohibition on the acceptance of new customers by such electric supplier, following a hearing that is conducted as a contested case, as provided in chapter 54 of the general statutes.
Sec. 19. Subsection (a) of section 7-34a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Town clerks shall receive, for recording any document, ten dollars for the first page and five dollars for each subsequent page or fractional part thereof, a page being not more than eight and one-half by fourteen inches. Town clerks shall receive, for recording the information contained in a certificate of registration for the practice of any of the healing arts, [five] ten dollars. Town clerks shall receive, for recording documents conforming to, or substantially similar to, section 47-36c, which are clearly entitled "statutory form" in the heading of such documents, as follows: For the first page of a warranty deed, a quitclaim deed, a mortgage deed, or an assignment of mortgage, ten dollars; for each additional page of such documents, five dollars; and for each assignment of mortgage, subsequent to the first two assignments, two dollars. Town clerks shall receive, for recording any document with respect to which certain data must be submitted by each town clerk to the Secretary of the Office of Policy and Management in accordance with section 10-261b, two dollars in addition to the regular recording fee. Any person who offers any written document for recording in the office of any town clerk, which document fails to have legibly typed, printed or stamped directly beneath the signatures the names of the persons who executed such document, the names of any witnesses thereto and the name of the officer before whom the same was acknowledged, shall pay one dollar in addition to the regular recording fee. Town clerks shall receive, for recording any deed, except a mortgage deed, conveying title to real estate, which deed does not contain the current mailing address of the grantee, five dollars in addition to the regular recording fee. Town clerks shall receive, for filing any document, [five] ten dollars; for receiving and keeping a survey or map, legally filed in the town clerk's office, [five] ten dollars; and for indexing such survey or map, in accordance with section 7-32, [five] ten dollars, except with respect to indexing any such survey or map pertaining to a subdivision of land as defined in section 8-18, in which event town clerks shall receive [fifteen] twenty dollars for each such indexing. Town clerks shall receive, for a copy, in any format, of any document either recorded or filed in their offices, one dollar for each page or fractional part thereof, as the case may be; for certifying any copy of the same, two dollars; for making a copy of any survey or map, the actual cost thereof; and for certifying such copy of a survey or map, two dollars. Town clerks shall receive, for recording the commission and oath of a notary public, [ten] twenty dollars; and for certifying under seal to the official character of a notary, [two] five dollars.
Sec. 20. Section 7-73 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) To any person performing the duties required by the provisions of the general statutes relating to registration of marriages, deaths and fetal deaths, the following fees shall be allowed: (1) For the license to marry, [ten] twenty dollars; and (2) for issuing each burial or removal, transit and burial permit, [three] ten dollars.
(b) A [twenty-dollar] thirty-dollar surcharge shall be paid to the registrar for each license to marry in addition to the fee for such license established pursuant to subsection (a) of this section. The registrar shall retain [one dollar] five dollars from each such surcharge for administrative costs and shall forward the remainder, on or before the tenth day of the month following each calendar quarter, to the Department of Public Health. The receipts shall be deposited into an account of the State Treasurer and credited to the General Fund. The State Treasurer shall segregate seventy-six per cent of the receipts for further credit to a separate nonlapsing account established by the Comptroller for use by the Department of Social Services for shelter services for victims of household abuse in accordance with section 17b-850 and by the Department of Public Health for rape crisis services funded under section 19a-2a. Such funds shall be allocated for these purposes by the Office of Policy and Management in consultation with the Commissioners of Social Services and Public Health based on an evaluation of need, service delivery costs and availability of other funds. The Commissioners of Social Services and Public Health shall distribute such funds to the recipient organizations in accordance with such allocations not later than October fifteenth, annually. No such funds shall (1) be retained by the Office of Policy and Management, the Commissioner of Social Services or the Commissioner of Public Health for administrative purposes; or (2) supplant any state or federal funds otherwise available for such services.
Sec. 21. Subsection (b) of section 19a-323 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) If death occurred in this state, the death certificate required by law shall be filed with the registrar of vital statistics for the town in which such person died, if known, or, if not known, for the town in which the body was found. The Chief Medical Examiner, Deputy Chief Medical Examiner, associate medical examiner, an authorized assistant medical examiner or other authorized designee shall complete the cremation certificate, stating that such medical examiner or other authorized designee has made inquiry into the cause and manner of death and is of the opinion that no further examination or judicial inquiry is necessary. The cremation certificate shall be submitted to the registrar of vital statistics of the town in which such person died, if known, or, if not known, of the town in which the body was found, or with the registrar of vital statistics of the town in which the funeral director having charge of the body is located. Upon receipt of the cremation certificate, the registrar shall authorize such certificate, keep such certificate on permanent record, and issue a cremation permit, except that if the cremation certificate is submitted to the registrar of the town where the funeral director is located, such certificate shall be forwarded to the registrar of the town where the person died to be kept on permanent record. If a cremation permit must be obtained during the hours that the office of the local registrar of the town where death occurred is closed, a subregistrar appointed to serve such town may authorize such cremation permit upon receipt and review of a properly completed cremation permit and cremation certificate. A subregistrar who is licensed as a funeral director or embalmer pursuant to chapter 385, or the employee or agent of such funeral director or embalmer shall not issue a cremation permit to himself or herself. A subregistrar shall forward the cremation certificate to the local registrar of the town where death occurred, not later than seven days after receiving such certificate. The estate of the deceased person, if any, shall pay the sum of one hundred fifty dollars for the issuance of the cremation certificate, provided the Office of the Chief Medical Examiner shall not assess any fees for costs that are associated with the cremation of a stillborn fetus. No cremation certificate shall be required for a permit to cremate the remains of bodies pursuant to section 19a-270a. When the cremation certificate is submitted to a town other than that where the person died, the registrar of vital statistics for such other town shall ascertain from the original removal, transit and burial permit that the certificates required by the state statutes have been received and recorded, that the body has been prepared in accordance with the Public Health Code and that the entry regarding the place of disposal is correct. Whenever the registrar finds that the place of disposal is incorrect, the registrar shall issue a corrected removal, transit and burial permit and, after inscribing and recording the original permit in the manner prescribed for sextons' reports under section 7-66, shall then immediately give written notice to the registrar for the town where the death occurred of the change in place of disposal stating the name and place of the crematory and the date of cremation. Such written notice shall be sufficient authorization to correct these items on the original certificate of death. The fee for a cremation permit shall be [three] ten dollars and for the written notice one dollar. The Department of Public Health shall provide forms for cremation permits, which shall not be the same as for regular burial permits and shall include space to record information about the intended manner of disposition of the cremated remains, and such blanks and books as may be required by the registrars.
Sec. 22. Section 30-53 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Each permit granted or renewed by the Department of Consumer Protection shall be of no effect until a duplicate thereof has been filed by the permittee with the town clerk of the town within which the club or place of business described in such permit is situated; provided the place of filing of railroad and boat permits shall be the office of the town clerk of the town of New Haven, and airline permits, the office of the town clerk of the town of Hartford. The fee for such filing shall be [two] twenty dollars.
Sec. 23. (Effective July 1, 2013) Notwithstanding any provision of the general statutes, the sum of $30,000,000 shall be transferred from the resources of the Connecticut Resource Recovery Authority (CRRA) and credited to the resources of the General Fund for the fiscal year ending June 30, 2014.
Sec. 24. (Effective July 1, 2013) Notwithstanding the provisions of section 16-331cc of the general statutes, the sum of $3,400,000 shall be transferred from the public, educational and governmental programming and education technology investment account and credited to the resources of the General Fund for the fiscal year ending June 30, 2014.
Sec. 25. (Effective July 1, 2013) Notwithstanding the provisions of section 16-331cc of the general statutes, the sum of $3,500,000 shall be transferred from the public, educational and governmental programming and education technology investment account and credited to the resources of the General Fund for the fiscal year ending June 30, 2015.
Sec. 26. (Effective July 1, 2013) The sum of $62,500,000 shall be transferred from the resources of the Special Transportation Fund, established pursuant to section 13b-68 of the general statutes, and credited to the resources of the General Fund for the fiscal year ending June 30, 2014.
Sec. 27. (Effective July 1, 2013) The sum of $3,400,000 shall be transferred from the resources of the Special Transportation Fund, established pursuant to section 13b-68 of the general statutes, and credited to the resources of the General Fund for the fiscal year ending June 30, 2015.
Sec. 28. Section 12-494a of the general statutes is repealed. (Effective July 1, 2013)
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2013 |
New section |
Sec. 2 |
July 1, 2013 |
4-28e(c) |
Sec. 3 |
from passage and applicable to calendar years commencing on or after January 1, 2013 |
12-211a(a) |
Sec. 4 |
from passage |
12-214(b)(7) |
Sec. 5 |
from passage |
12-219(b)(7) |
Sec. 6 |
July 1, 2013, and applicable to sales occurring on or after said date |
12-407(a)(2) |
Sec. 7 |
July 1, 2013, and applicable to sales occurring on or after said date |
12-407(a) |
Sec. 8 |
July 1, 2013 |
12-408(1) |
Sec. 9 |
July 1, 2013 |
12-411(1) |
Sec. 10 |
from passage |
12-633 |
Sec. 11 |
from passage |
12-635 |
Sec. 12 |
from passage and applicable to taxable years commencing on or after January 1, 2013 |
12-704e |
Sec. 13 |
July 1, 2013 |
13b-61a |
Sec. 14 |
July 1, 2013 |
13b-61c |
Sec. 15 |
January 1, 2014 |
32-9t(i)(1) |
Sec. 16 |
October 1, 2013 |
12-81 |
Sec. 17 |
July 1, 2013 |
New section |
Sec. 18 |
from passage |
New section |
Sec. 19 |
July 1, 2013 |
7-34a(a) |
Sec. 20 |
July 1, 2013 |
7-73 |
Sec. 21 |
July 1, 2013 |
19a-323(b) |
Sec. 22 |
July 1, 2013 |
30-53 |
Sec. 23 |
July 1, 2013 |
New section |
Sec. 24 |
July 1, 2013 |
New section |
Sec. 25 |
July 1, 2013 |
New section |
Sec. 26 |
July 1, 2013 |
New section |
Sec. 27 |
July 1, 2013 |
New section |
Sec. 28 |
July 1, 2013 |
Repealer section |
Statement of Legislative Commissioners:
In section 2, the effective date was changed from "from passage" to "July 1, 2013", and the transfers in subdivision (2) were rewritten to apply by fiscal year. Both changes were made for accuracy and clarity.
FIN |
Joint Favorable Subst. |
The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note
State Revenue Impact | |||
($ - millions) | |||
Section Number |
Change Description |
FY 14 |
FY 15 |
Section 1 |
Tax Amnesty |
35.0 |
(7.0) |
Section 2 |
Divert Stem Cell Transfer and Biomedical Trust Fund Transfer |
14.0 |
14.0 |
Section 3 |
Maintain Credit Cap for IY 13 & 14 |
27.0 |
27.0 |
Sections 4-5 |
Maintain 20% Surcharge for IY 14 & 15 |
44.4 |
74.0 |
Sections 6-7 |
Digital Products Taxed at 6.35% |
7.7 |
9.0 |
Sections 8-9, 28 |
Eliminate MRSA Transfer |
92.4 |
97.9 |
Sections 8-9 |
Computer/Data Processing Services to Consumers Taxed at 6.35% |
12.8 |
13.1 |
Sections 8-9 |
60-Day Use Tax Exemption for Boats |
(2.0) |
(2.0) |
Sections 8-9 |
Eliminate Luxury Tax on Boats |
(0.1) |
(0.1) |
Section 10-11 |
Neighborhood Assistance Act |
- |
- |
Section 12 |
Reduce EITC |
21.1 |
11.0 |
Sections 13-14, 26-27 |
STF Transfers |
77.3 |
3.4 |
Section 15 |
Increase URA Tax Credits |
- |
- |
Section 16 |
Motor Vehicle Property Tax Elimination |
- |
- |
Section 17 |
Incentivize Natural Gas Conversion |
- |
(5.0) |
Section 18 |
Standard Offer Auction |
100.0 |
- |
Sections 19-22 |
Minor Fees |
0.7 |
0.8 |
Section 23 |
CRRA Transfer |
30.0 |
- |
Sections 24-25 |
Public Education and Governmental Programming Account Transfer |
3.4 |
3.5 |
TOTAL |
463.7 |
239.6 |
Section 1 authorizes a tax amnesty program covering all state taxes (other than motor carrier road taxes) from September 16, 2013, to November 15, 2013. This generates a General Fund revenue gain of $35 million in FY 14, and a revenue loss of $7 million in FY 15 due to an anticipated shift in the timing of the receipt of delinquent taxes. The estimate includes amounts already identified as accounts receivables.
Section 2 eliminates statutory transfers from the Tobacco Settlement Fund to the Stem Cell Research Fund ($10 million) and the Biomedical Trust Fund ($4 million) and results in an increase to the General Fund revenue by $14 million in each of FY 14 and FY 15. Eliminating the transfers increases General Fund revenue because under current law the General Fund receives all Tobacco Settlement Fund revenues that are not otherwise transferred.
Substitute Senate Bill 842, “AA Authorizing and Adjusting Bonds of the State for Capital Improvements, Transportation, Elimination of the Accumulated GAAP Deficit, Restructuring of Economic Recovery Notes and Other Purposes,” as favorably reported by the Finance, Revenue, and Bonding Committee, authorizes General Obligation (GO) bond funds of $10 million in each of FY 14 and FY 15 to maintain the same level of funding for the Stem Cell Research Fund.
Section 3 extends until Calendar Year 2014, the temporary 30% cap on the maximum insurance premium tax liability that an insurer may offset through certain tax credits. This results in an increase to the General Fund revenue by $27 million in each of FY 14 and FY 15.
Sections 4 – 5, which extends the 20% Corporate Income Tax surcharge until Income Year 2015, will result in a General Fund revenue gain of $44.4 million in FY 14 and $74.0 million in FY 15.
Sections 6 – 7, which applies the general sales tax rate of 6.35% to specified digital products, will result in a General Fund revenue gain of $7.7 million FY 14 and $9.0 million in FY 15. Currently digital products are taxed a reduced 1.0% rate.
Sections 8 - 9 and 28 eliminate the transfer of a portion of the sales and use tax and real estate conveyance tax to the Municipal Revenue Sharing Account. This results in a General Fund revenue gain of $92.4 million in FY 14 and $97.9 million in FY 15. This precludes the payment of grants from the Account, resulting in a revenue loss to municipalities of $92.4 million in FY 14 and $97.9 million in FY 15.
sSB 842, “AA Authorizing and Adjusting Bonds of the State for Capital Improvements, Transportation, Elimination of the Accumulated GAAP Deficit, Restructuring of Economic Recovery Notes and Other Purposes,” as favorably reported by the Finance, Revenue, and Bonding Committee, authorizes $56.4 million in General Obligation (GO) bond funds to the Local Capital Investment Program (LoCIP) in each of FY 14 and FY 15, to be distributed according to the Municipal Revenue Sharing Account statutory formula.
In addition, Sections 8 - 9 will also have the following impacts:
1. Applying the general sales tax rate of 6.35% to computer and data processing service sales to consumers, including digital downloads, will result in a General Fund revenue gain of $12.8 million FY 14 and $13.1 million in FY 15.
2. Exempting vessels docked in the state for 60 days or less in a calendar year from the sales and use tax will result in an annual General Fund revenue loss of approximately $2.0 million.
3. Exempting vessels that cost over $100,000 from the 7.0% luxury tax will result in an estimated annual General Fund revenue loss of approximately $70,000. Under the bill, these vessels would be taxed at the regular 6.35% sales tax rate rather than the luxury tax rate.
Sections 10 - 11 do not increase the cap on the aggregate annual amount of credits available under the Neighborhood Assistance Act tax credit program, and therefore do not result in any fiscal impact.
Section 12 reduces the Earned Income Tax Credit from: 30% of the federal program to (1) 25% in 2013 and (2) 27.5% in 2015. This will result in a General Fund revenue gain of $21.1 million in FY 14 and $11.0 million in FY 15. Under the bill, the rate would return to 30% in FY 16.
Sections 13 – 14 and 26 – 27 make various transfers between the General Fund and the Transportation Fund. The net impact of the transfers listed in the table below is to shift $77.3 million from the Special Transportation Fund to the General Fund in FY 14. The net impact is to shift $3.4 million from the Special Transportation Fund to the General Fund in FY 15.
Inter-fund Transfers between General and Transportation Funds ($ - millions) | |||||
FY 14 |
FY 15 | ||||
Section |
Reason |
GF |
STF |
GF |
STF |
13 |
Adjust Transfer to include all estimated Petroleum Gross Receipt Tax Revenues from Gasoline |
(158.0) |
158.0 |
(152.3) |
152.3 |
14 |
Adjust Statutory Transfers, which offset Transfers above |
172.8 |
(172.8) |
152.3 |
(152.3) |
26 - 27 |
Implement Transfers in FY 14 and FY 15 only |
62.5 |
(62.5) |
3.4 |
(3.4) |
Net Total |
77.3 |
(77.3) |
3.4 |
(3.4) |
Section 15 increases the total amount of business credits available under the Urban and Industrial Sites Reinvestment Program by $150 million. This results in a potential revenue loss in the out-years.
Section 16 exempts from local property taxes beginning with the October 1, 2019 Grand List the first $20,000 of a motor vehicle's net assessed value. The exemption applies to people who own or lease cars, light duty trucks, pickup trucks, or motorcycles on the list the motor vehicles commissioner provides to municipalities for property taxation. This results in a revenue loss to municipalities which will first be realized in FY 21, and will depend on the value of motor vehicles on the October 1, 2019 Grand List and Supplemental Grand List.
Municipalities would have lost approximately $632.8 million in motor vehicle levy had this exemption been in place in FY 13, based on Grand List 2011 and Supplemental Grand List 2010 data. This is approximately 90% of the total combined levy from these two Grand Lists.
There will also be a revenue gain to the state beginning in FY 21. This is due to an anticipated reduction in the amount of Property Tax Credits taken against the Personal Income Tax, as certain taxpayers would no longer have a property tax liability, which is necessary in order to utilize the credit.
Section 17 establishes a tax credit for gas companies that provide financial incentives for certain customers to convert to natural gas. This will result in an annual General Fund revenue loss of $5 million beginning in FY 15.
Section 18, which auctions the electric generation load for the state's standard offer, will result in a one-time General Fund revenue gain of approximately $100 million in FY 14.
Sections 19 - 22 increase several municipal fees. There is a revenue gain, anticipated to be minimal, to municipalities associated with the proposed fee increase. The cumulative revenue increase across all municipalities is estimated to be between $500,000 and $1.0 million. To illustrate how municipalities of different sizes may be impacted, below is a chart that shows the anticipated revenue gain in Waterbury, West Hartford, Groton and Thompson.
Municipality |
Anticipated Revenue Gain |
Waterbury |
$34,000 |
West Hartford |
$16,600 |
Groton |
$8,000 |
Thompson |
$2,700 |
Additionally, there is a state General Fund revenue increase, estimated to be $120,000 annually, associated with an increase from $19 to $25 in the portion of the marriage license fee that is remitted to the state.
There is a revenue increase to municipalities, expected to be minimal, associated with this increase in fees. It is anticipated that the increases in the remaining fees, other than the marriage license fee, would generate less than $10,000 annually for the City of New Haven, for instance.
Section 23 provides a one-time payment by the Connecticut Resources Recovery Authority (CRRA) that results in a General Fund revenue gain of $30 million in FY 14. The CRRA payment is related to the transfer of care and control of the five CRRA post-closure landfills to the state. The section will also result in an on-going cost of approximately $1 million annually to the Department of Energy and Environmental Protection to manage ongoing testing and maintenance of the landfills.
Sections 24 – 25 transfer $3.4 million in FY 14 and $3.5 million in FY 15 from the Public Education and Governmental Programming and Education Technology Investment account to the General Fund.
The Out Years
With the exception of the one-time policies indicated above, the annualized ongoing fiscal impacts identified above would continue into the future subject to inflation.
OLR Bill Analysis
AN ACT CONCERNING REVENUE ITEMS TO IMPLEMENT THE BUDGET.
This bill makes various changes to state and local taxes and fees.
Among the state tax provisions, the bill requires the Department of Revenue Services (DRS) commissioner to establish a tax amnesty program that runs from September 16, 2013 to November 15, 2013. It extends, for two additional years, the temporary (1) cap on the maximum insurance premium tax liability that an insurer may offset through tax credits and (2) 20% corporation income tax surcharge. It (1) increases the sales tax rate on certain digital products and computer and data processing services, (2) exempts certain vessels from the sales and use tax, and (3) reduces the sales and use tax rate on boats costing more than $100,000.
The bill establishes a process to group electric company customers who have not chosen a competitive supplier (standard service customers) and have suppliers bid for the right to serve them. It also establishes a credit against the utility companies tax for gas companies equal to costs they incur in providing incentives for prospective customers who are more than 150 feet from existing mains to connect to the gas distribution system.
The bill changes amounts transferred to and from the General Fund. It eliminates the requirement that a portion of the sales, luxury, and real estate conveyance tax be allocated to the Municipal Revenue Sharing Account, thus requiring these funds to remain in the General Fund. It modifies certain annual transfers from the General Fund to the Special Transportation Fund (STF) and eliminates transfers from the Tobacco Settlement Fund to two research funds. It also transfers certain amounts to the General Fund from the STF and other sources.
The bill modifies several existing tax credit programs. It (1) reduces the state earned income tax credit (EITC) against the personal income tax for the 2013 and 2014 tax years, (2) increases the total amount of business credits available under the Urban and Industrial Sites Reinvestment Program, and (3) makes business investments in neighborhood advocacy projects in certain designated areas eligible for a maximum 100% Neighborhood Assistance Act (NAA) tax credit.
As for local taxes, beginning in the 2018 assessment year, the bill exempts from property taxes the first $20,000 of a motor vehicle's net assessed value. The exemption applies to people who own or lease cars, light duty trucks, pickup trucks, or motorcycles on the list the motor vehicles commissioner provides to municipalities.
Lastly, the bill increases several municipal fees, including those for (1) liquor permit, document, and map filings; (2) marriage licenses; and (3) burial and cremation permits.
EFFECTIVE DATE: July 1, 2013, unless otherwise noted below.
§ 1 — TAX AMNESTY PROGRAM
The bill requires the DRS commissioner to establish a tax amnesty program for individuals, business, or other taxpayers that owe Connecticut state taxes (other than motor carrier road taxes) to DRS. The amnesty runs from September 16, 2013 to November 15, 2013 and covers any taxable period ending on or before November 30, 2012.
Amnesty Conditions
The DRS commissioner must prepare an amnesty application that requires applicants to specify the taxes and taxable periods for which they seek amnesty. The bill allows the commissioner to require that taxpayers file amnesty applications electronically.
If a taxpayer files the application during the amnesty period and pays all the taxes owed for the applicable tax periods, plus interest, the commissioner must waive applicable civil penalties and refrain from seeking criminal prosecution for those periods. The commissioner may only grant amnesty to affected taxpayers (i.e., those who owe taxes for the applicable tax periods) who pay the taxes and interest that the commissioner determines they owe when they file their applications.
If the commissioner grants amnesty, the affected taxpayer relinquishes all unexpired administrative and judicial appeal rights as of the payment date. The bill bars taxpayers from receiving any refund or credit of amnesty tax payments. Failure to pay all amounts due invalidates the amnesty. A taxpayer is not entitled, by virtue of penalty waivers and interest reductions under the amnesty, to any refund or credit of previously paid amounts. The commissioner may not consider any request to cancel the unpaid portion of any erroneously or illegally assessed tax, penalty, or interest in connection with any amnesty application.
Interest Reduction
If a taxpayer pays the taxes due by November 15, 2013, the bill reduces the interest rate on those taxes to one-fourth of the interest that the department's records show to be due and payable as of the application's filing. (The interest rate on overdue taxes is generally 1% per month.) Any tax due for the applicable tax periods that is paid after the filing deadline is subject to interest of 1% per month or part of a month from the date it was originally due to the payment date.
Amnesty Exclusions
The bill bars any amnesty for those who:
1. are parties to any criminal investigation or criminal litigation pending on July 1, 2013 in any federal or Connecticut court,
2. are parties to a closing agreement with the DRS commissioner,
3. have made a compromise offer that has been accepted by the commissioner, or
4. are parties to a managed audit agreement.
Penalty for Failing to File for Amnesty
The bill imposes a penalty on any taxpayer who (1) owes any tax for the applicable tax periods for which a tax return was required, but not previously filed and (2) fails to file a timely amnesty application. The penalty (1) is equal to 25% of the tax owed and (2) may not be waived. It applies in addition to any other applicable interest and penalties under existing law.
Implementation
The bill gives the DRS commissioner authority to do anything necessary to implement the program in a timely fashion.
§ 2 — BIOMEDICAL AND STEM CELL RESEARCH TRANSFERS
The bill eliminates the following transfers from the Tobacco Settlement Fund: (1) $4 million each fiscal year starting FY 14 to the Biomedical Research Trust Fund and (2) $10 million in FY 14 and FY 15 to the Stem Cell Research Fund.
PA 12-1, December Special Session, eliminated the FY 13 transfer to the Stem Cell Research Fund and authorized up to $10 million in state general obligation bonds for the same purpose.
§ 3 — INSURANCE PREMIUM TAX CREDIT LIMIT
The bill extends, for two additional years, the temporary cap on the maximum insurance premium tax liability that an insurer may offset through tax credits.
The caps are part of a structure that, under existing law, (1) classifies insurance premium tax credits into three types for calendar years 2011 and 2012, (2) specifies the order in which an insurer must apply the three credit types to offset liability (see BACKGROUND), and (3) establishes the maximum liability that an insurer can offset in those years by claiming one or more of these types of credits.
For 2012, the three credit types and the maximum tax reduction from each type are:
Type 1: digital animation credits, 55%
Type 2: insurance reinvestment fund credits, 70%
Type 3: all other credits, 30%
The bill extends the temporary cap to the 2013 and 2014 calendar years.
EFFECTIVE DATE: Upon passage and applicable to calendar years starting on or after January 1, 2013.
§§ 4-5 — CORPORATION INCOME TAX SURCHARGE
The bill extends the temporary 20% corporation income tax surcharge for two additional years, to the 2014 and 2015 income years. Companies must calculate their surcharges based on their tax liability, excluding any credits. As under current law, the surcharge for 2014 and 2015 applies to companies that have more than $250 in corporation tax liability and either (1) have at least $100 million in annual gross income in those years or (2) file combined or unitary returns, regardless of the amount of annual gross income.
EFFECTIVE DATE: Upon passage
§§ 6-7 — SALES TAX EXTENDED TO DIGITAL PRODUCTS
The bill imposes the 6.35% sales tax on sales of electronically transferred digital products. Currently, these products are taxed at a 1% rate as computer and data processing services. The bill imposes the 6.35% tax rate on transfers that gives the buyer a right or license to use, retain, or copy the product, which can be a digital audio-visual work or digital audio work, but not video programming services, including video on demand television services, broadcasting services, or content to provide such services.
The bill specifically exempts from the 6.35% rate electronically transferred digital products one business transfers to another (i.e., business to business transfers), thus continuing to subject these transfers to the current 1% tax.
EFFECTIVE DATE: July 1, 2013 and applicable to sales on or after that date.
§§ 8-9 — SALES TAX CHANGES ON COMPUTER AND DATA PROCESSING SERVICES
The bill limits the 1% sales and use tax on computer and data processing services to such services (1) sold by a business to a business entity for use by that entity and (2) a business provides to itself. By limiting this tax to such transactions, it imposes the 6.35% rate on all other computer and data processing services.
§§ 8-9 — SALES TAX AND USE TAX ON BOATS
The bill (1) exempts from the sales and use tax boats docked in Connecticut for 60 days or less and (2) reduces, from 7% to 6.35%, the sales and use tax on boats costing more than $100,000.
§§ 8-9 & 28 — MUNICIPAL REVENUE SHARING ACCOUNT
The bill eliminates laws requiring the DRS commissioner to deposit the following amounts into the Municipal Revenue Sharing Account, thus requiring these funds to go to the General Fund:
1. 1.57% of the revenue from the 6.35% sales and use tax on most taxable goods and services;
2. 1.43% of the revenue from the 7% sales and use tax on specified luxury items; and
3. 33% and 20%, respectively of the revenue from the state real estate conveyance tax on (a) sales of unimproved land and certain bank foreclosures and on the first $800,000 of the sale price of residential property and (b) sales of nonresidential property and any amount of the sale price of a residential property that exceeds $800,000.
Under current law, the Office of Policy and Management secretary must use the account to distribute (1) manufacturing transition grants to municipalities and (2) any remaining funds according to a specified municipal revenue sharing formula (see RELATED BILL).
§§ 10-11 — NAA CREDITS FOR NEIGHBORHOOD ADVOCACY PROJECTS
The bill makes businesses investing in certain neighborhood advocacy projects eligible for a NAA tax credit of up to 100% of the invested amount. Businesses qualify for this maximum credit if they invest in such projects in the state's 17 designated targeted investment communities (TICs) (see BACKGROUND). Neighborhood advocacy projects outside the TICs continue to qualify for a credit of up to 60% of the invested amount. As with other NAA-eligible projects, a business qualifies for a NAA tax credit if the host municipality approves the neighborhood advocacy project and the business invests at least $250 in it.
Under current law, NAA tax credits are generally up to 60% of the investment, although businesses making certain energy conservation investments may qualify for up to 100% credits. Under current law, the credit equals 100% of the amount invested to conserve energy in properties owned by nonprofit organizations. The bill changes this flat rate to an amount that may be up to 100% of the investment.
By law, the annual limits on NAA credits are (1) $150,000 per business ($50,000 for investments in child care facilities) and (2) $5 million for all businesses.
EFFECTIVE DATE: Upon passage
§ 12 — EITC
Current law establishes a refundable state EITC equal to 30% of the federal credit for the same tax year. The bill (1) reduces the EITC from 30% to 25% for the 2013 tax year, (2) increases it to 27.5% in the 2014 tax year, and (3) restores it to 30% for the subsequent tax years.
EFFECTIVE DATE: Upon passage and applicable to tax years beginning on or after January 1, 2013.
§§ 13-14 & 26-27 — STF TRANSFERS
As Table 1 shows, the bill modifies the amounts annually transferred to the STF from the revenue generated by the petroleum products gross earnings tax and the General Fund. It also adds one-time transfers from the STF to the General Fund of (1) $62.5 million for FY 14 and (2) $3.4 million for FY 15.
Table 1: STF Transfers
FY |
Transfers from Petroleum Products Gross Earnings Tax Revenues to STF |
Annual Transfers from the General Fund to STF |
One-Time Transfers from STF to the General Fund | ||||
Current Law |
Bill |
Difference |
Current Law |
Bill |
Difference |
Bill | |
2014 |
$222.7 |
$380.7 |
$158.0 |
$172.8 |
0 |
($172.8) |
$62.5 |
2015 |
226.8 |
379.1 |
152.3 |
172.8 |
$20.5 |
(152.3) |
3.4 |
2016 |
231.4 |
377.3 |
145.9 |
172.8 |
152.8 |
(20.0) |
0 |
2017 and thereafter |
231.4 |
377.3 |
145.9 |
172.8 |
162.8 |
(10) |
0 |
§ 15 — URBAN AND INDUSTRIAL SITES REINVESTMENT TAX CREDITS
The bill increases the total amount of business tax credits available under the Urban and Industrial Sites Reinvestment Program by $150 million, from $650 million to $800 million.
EFFECTIVE DATE: January 1, 2014
§ 16 — MOTOR VEHICLE PROPERTY TAX EXEMPTION
Beginning July 1, 2019, the bill exempts from local property taxes the first $20,000 of a motor vehicle's net assessed value (i.e., the vehicle's assessed value after subtracting all the property tax exemptions for which the vehicle's owner qualifies). The exemption applies to people who own or lease cars, light duty or pickup trucks, or motorcycles identified on the list the motor vehicles commissioner provides to town assessors for property taxation. People leasing vehicles qualify for the exemption if the (1) lease is for at least one year; (2) lease agreement assigns responsibility for property taxes to the lessee, whether or not the tax charge is separately stated in the agreement or on a bill or invoice received from the town or leasing company; and (3) leasing company is licensed by the state. (In practice, all companies leasing vehicles to people in Connecticut are licensed here because the Department of Motor Vehicles requires such a license before a lessee can register the leased vehicle in the state.)
EFFECTIVE DATE: October 1, 2013
§ 17 — NATURAL GAS CONVERSION CREDIT
For calendar quarters beginning on or after July 1, 2014, the bill provides a credit against the utility companies tax for gas companies providing financial incentives for customers converting to natural gas. The credit equals the amount a company credits to customers meeting specified criteria, up to $500. The total amount of tax credits available to all companies cannot exceed $5 million per fiscal year, starting with FY 15.
A company qualifies for the credit for financial incentives extended to customers:
1. whose property, on July 1, 2013, is neither located on or within 150 feet of a gas distribution main, but is included in the company's Department of Energy and Environmental Protection -approved natural gas expansion plan and
2. who made a commitment, between July 1, 2013, and January 1, 2014, to convert to natural gas when it becomes available.
Companies qualify for credits for the incentives they give to customers beginning in calendar quarters on or after October 1, 2013.
To claim the credit, the company must establish, to the revenue service commissioner's satisfaction, that it has passed the credit on to each eligible customer on his or her monthly bill or invoice.
§ 18 — AUCTIONING STANDARD SERVICE CUSTOMERS
Current Law
By law (CGS § 16-244c), electric companies must provide standard service to residential and small commercial customers who have not chosen a competitive supplier. There were approximately 818,000 standard service customers as of January 31, 2013, according to the Public Utilities Regulatory Authority (PURA). A PURA procurement officer procures power for these customers. In contrast, nearly half of residential customers and approximately 60% of small commercial customers have chosen suppliers.
Aggregation of Customers
The bill requires the state to aggregate (group) residential and small commercial “standard offer” (i.e., standard service) customers who have not contracted with a supplier as of June 1, 2013, for the purpose of auctioning the right of suppliers to provide competitively-priced electric generation service to them. The bill implicitly requires suppliers bidding for the right to serve these customers to offer to pay the state a specified amount per customer for this privilege.
The bill allows a customer who has been aggregated and auctioned to an electric supplier to continue to choose to obtain service from any other licensed supplier at any time. It appears that a customer could return to standard service, although the bill does not specifically permit this.
Request for Proposals
The bill requires the PURA procurement manager to issue a request for proposals (RFP) to all licensed suppliers for bids to provide a full service contract to blocks of residential customers and small commercial customers. The bill does not define “full service contact” but it appears to mean that the winning supplier must provide electricity to meet the total demand of the customers it will serve.
The procurement manager must issue the initial RFP by July 1, 2013, and issue subsequent RFPs at least every three years or when there are at least 10,000 new residential and small commercial customers on the standard offer who are not served by suppliers.
The electric companies must provide relevant data the procurement manager requests to develop the RFP. This must at least include the (1) average per customer usage in each customer class for the previous 12-month period; (2) number of customers who are delinquent, have defaulted, or are in collections; and (3) net average number of customers who chose suppliers in the preceding 12-month period.
The procurement manager must establish the criteria for selecting the successful bidders and publish the notice of the RFP to each licensed supplier. The bids must include the price per customer the supplier will offer for the right to supply electricity to (1) blocks of at least 100,000 customers and (2) each additional increment of at least 10,000 additional customers.
The bidders must offer to serve these customers for at least three years. They must offer a price that is at least 5% below the standard offer rate for the customer's class (there are several residential and small commercial rate classes) as of April 1, 2013. The price per customer (1) must be expressed in cost per kilowatt hour and (2) may include different rates for different customer classes and levels of usage. The supplier must offer this rate for at least 12 months from when its service begins.
The bid must include a schedule for determining rates for the subsequent two-year period. The bill does not address how rates would be set in this period.
The procurement manager may require suppliers to provide assurances that they will fulfill the contracts resulting from the auction. A winning supplier that fails to fulfill its contractual obligations is subject to (1) civil penalties (generally up to $10,000 per violation); (2) the suspension or revocation of its license; or (3) a prohibition on accepting new customers, following a hearing that is conducted as a contested case.
The supplier or suppliers awarded a competitive supply contract as a result of the auction must remit the amount accepted as its per customer bid to the state for deposit into the General Fund within 30 days after the date of the award.
Responsibilities of Electric Companies
Each electric company must continue to serve any (1) residential or small commercial customer not transferred to a supplier as a result of the auction or (2) new residential or small commercial customer that does not select a supplier.
The bill does not address how the auction would interact with the current procurement for standard service customers. The procurement manager has already procured part of the electricity projected to be needed for standard service customers for the next two years.
EFFECTIVE DATE: Upon passage
§§ 19-22 — MUNICIPAL FEE INCREASES
The bill increases several municipal fees, as shown in Table 2 below.
Table 2: Proposed Municipal Fee Increases
CGS § |
Fee |
Current Fee |
Proposed Fee |
30-53 |
Liquor Permit Filing |
$2.00 |
$20.00 |
7-34a |
Miscellaneous Document Filing |
5.00 |
10.00 |
7-34a |
Map Indexing |
5.00 |
10.00 |
7-34a |
Subdivision Map Indexing |
15.00 |
20.00 |
7-34a |
Notary Public: Oath and Commission Filing |
10.00 |
20.00 |
7-34a |
Notary Public: Character Certification |
2.00 |
5.00 |
7-73 |
Marriage License Fee |
30.00 (Municipality keeps $11.00 and the state receives $19.00) |
50.00 ($25.00 for the municipality and $25.00 for the state) |
7-73 |
Burial or Burial Transit Removal/Disinterment Permit |
3.00 |
10.00 |
19a-323 |
Cremation Permit |
3.00 |
10.00 |
Marriage License Fee
Under current law, the $30 marriage license fee consists of a (1) $10 fee, retained by the municipality and (2) $20 surcharge, split between the municipality ($1) and the state ($19). The bill increases the (1) municipal fee from $10 to $20 and (2) surcharge from $20 to $30. It also increases the municipal share of the surcharge from $1 to $5 and the state share from $19 to $25. Thus, the bill increases the total amount retained by the (1) municipality from $11 to $25 and (2) state from $19 to $25.
Under current law, the state's share of the marriage license surcharge ($19) is credited to an account used to fund (1) shelter services for victims of domestic violence and (2) rape crisis services. The bill continues to credit $19 to this account, but credits the additional $6 to the General Fund. It does this by specifying that 76% of the state's share ($19) be credited to the account.
§§ 23-25 — TRANSFERS TO THE GENERAL FUND
The bill transfers the following amounts to the General Fund:
1. $30 million in FY 14 from the Connecticut Resources Recovery Authority and
2. $3.4 million in FY 14 and $3.5 million in FY 15 from the public, educational, governmental programming and education technology investment account.
BACKGROUND
Order of Applying Insurance Premium Tax Credits
The law specifies the order in which an insurer must apply the three credit types to offset liability, as shown in Table 3.
Table 3: Application of Insurance Premium Tax Credits
Credit Types Claimed |
Order of Applying Credits |
Maximum Reduction In Tax Liability |
Type 3 |
None |
30% |
Types 1 & 3 |
1. Type 3 2. Type 1 |
Type 3 = 30% Sum of two types = 55% |
Types 2 & 3 |
1. Type 3 2. Type 2 |
Type 3 = 30% Sum of two types = 70% |
Types 1, 2, & 3 |
1. Type 3 2. Type 1 3. Type 2 |
Type 3 = 30% Type 1 + Type 3 = 55% Sum of all types = 70% |
Types 1 & 2 |
1. Type 1 2. Type 2 |
Type 1 = 55% Sum of two types = 70% |
Targeted Investment Communities (TIC)
The bill makes businesses eligible for up to a 100% tax credit for investing in neighborhood advocacy projects in TICs, which are the 17 municipalities with enterprise zones. The TIC designation qualifies economic development projects in these municipalities for financing and tax incentives. The TICs are: Bridgeport, Bristol, East Hartford, Groton, Hamden, Hartford, Meriden, Middletown, New Britain, New Haven, New London, Norwalk, Norwich, Southington, Stamford, Waterbury, and Windham.
Related Bill
sSB 842, reported favorably by the Finance, Revenue and Bonding Committee, earmarks a portion of the bonds authorized for FYs 14 and 15 under the Local Capital Improvement Program for manufacturing transition and municipal revenue sharing grants for municipalities.
COMMITTEE ACTION
Finance, Revenue and Bonding Committee
Joint Favorable Substitute
Yea |
31 |
Nay |
17 |
(04/19/2013) |