Bill Text: CT HB07263 | 2017 | General Assembly | Chaptered
Bill Title: An Act Concerning Revisions And Technical Changes To The Tax And Related Statutes, And Certain Exemptions From The Property Tax.
Spectrum: Committee Bill
Status: (Passed) 2017-07-06 - Signed by the Governor [HB07263 Detail]
Download: Connecticut-2017-HB07263-Chaptered.html
Substitute House Bill No. 7263
AN ACT CONCERNING REVISIONS AND TECHNICAL CHANGES TO THE TAX AND RELATED STATUTES, AND CERTAIN EXEMPTIONS FROM THE PROPERTY TAX.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subdivision (1) of subsection (e) of section 4-28n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(e) (1) [At least ten days prior to the first day of each calendar quarter,] In conjunction with the certification required under section 4-28l and as a condition precedent to having its brand families listed or retained in the directory, each nonparticipating manufacturer shall [file] post annually with the commissioner [a surety bond, the form of which shall be approved by the Attorney General,] either a good and valid bond that is issued by a [bonding company or insurance] surety company authorized to do business in this state [. The bond shall be in favor of the commissioner and be in the principal sum of] or other security acceptable to the commissioner. Any bond or other security shall be in favor of the state of Connecticut and shall be equal in amount to the greater of (A) twenty-five thousand dollars, or (B) the greatest amount of the total escrow [payments] owed for a calendar year in any of the five calendar years preceding the [filing] posting of such bond or other security. The commissioner may, in consultation with the Attorney General, authorize the release of such bond or other security once it has been established that the nonparticipating manufacturer has met the requirements of section 4-28i.
Sec. 2. Subdivision (3) of subsection (a) of section 4-28m of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(3) The commissioner shall not include or retain in the directory any brand family of a nonparticipating manufacturer if the commissioner concludes: (A) All escrow payments required pursuant to the provisions of sections 4-28h to 4-28j, inclusive, for any period for any brand family, whether or not listed by such nonparticipating manufacturer, have not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the Attorney General; (B) any outstanding final judgment, including interest thereon, for a violation of sections 4-28h to 4-28j, inclusive, has not been fully satisfied for such brand family and such manufacturer; or (C) a nonparticipating manufacturer's total nation-wide reported sales of cigarettes on which federal excise tax is paid exceeds the sum of (i) its [nation-wide reports] total interstate sales, as reported under 15 USC 375 et seq. , as from time to time amended, or those made by its importer, and (ii) [any intrastate sales reports under 15 USC 375 et seq. , as from time to time amended] its total intrastate sales, by more than [five] two and one-half per cent of its total nation-wide sales [or one million cigarettes, whichever is less,] during any calendar year, unless the nonparticipating manufacturer cures or satisfactorily explains the discrepancy not later than ten days after receiving notice of the discrepancy.
Sec. 3. Subdivision (3) of subsection (b) of section 4-28o of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(3) Notwithstanding the provisions of section 12-15, the commissioner may disclose to the Attorney General any returns or return information, as defined in section 12-15, received pursuant to this chapter or chapter 214 or 214a, when such returns or return information is directly related to the state's implementation of the Master Settlement Agreement or the Nonparticipating Manufacturer Adjustment Settlement Agreement. The Attorney General may further disclose (A) such returns or return information [pursuant to an agreement with an entity designated to serve as a data clearinghouse] in accordance with the terms of the Nonparticipating Manufacturer Adjustment Settlement Agreement, or (B) returns or return information of [a distributor licensed] any person purchasing or selling cigarettes or tobacco products taxable under the provisions of chapter 214 or [chapter] 214a, to a participating manufacturer or a nonparticipating manufacturer subject to the provisions of subsection (a) of
