§ 3-55j — Payments from fund.

Connecticut § 3-55j

• Jurisdiction: Connecticut
• Title 3: State Elective Officers
• Ch. 32: Treasurer

Text

(a) Twenty million dollars of the moneys available in the Mashantucket Pequot and Mohegan Fund established pursuant to section 3-55i shall be paid to municipalities eligible for a state grant in lieu of taxes pursuant to subsection (b) of section 12-18b in addition to the grants payable to such municipalities pursuant to section 12-18b subject to the provisions of subsection (b) of this section. Such grant shall be equal to that paid to the municipality pursuant to this subsection for the fiscal year ending June 30, 2015. Any eligible special services district shall receive a portion of the grant payable under this subsection to the town in which such district is located. The portion payable to any such district under this subsection shall be the amount of the grant to the town under this subsection which results from application of the district mill rate to exempt property in the district. As used in this subsection and subsection (c) of this section, “eligible special services district” means any special services district created by a town charter, having its own governing body and for the assessment year commencing October 1, 1996, containing fifty per cent or more of the value of total taxable property within the town in which such district is located. (b) No municipality shall receive a grant pursuant to subsection (a) of this section which, when added to the amount of the grant payable to such municipality pursuant to subsection (b) of section 12-18b , would exceed one hundred per cent of the property taxes which would have been paid with respect to all state-owned real property, except for the exemption applicable to such property, on the assessment list in such municipality for the assessment date two years prior to the commencement of the state fiscal year in which such grants are payable, except that, notwithstanding the provisions of said subsection (a), no municipality shall receive a grant pursuant to said subsection which is less than one thousand six hundred sixty-seven dollars. (c) Twenty million one hundred twenty-three thousand nine hundred sixteen dollars of the moneys available in the Mashantucket Pequot and Mohegan Fund established pursuant to section 3-55i shall be paid to municipalities eligible for a state grant in lieu of taxes pursuant to subsection (b) of section 12-18b , in addition to the grants payable to such municipalities pursuant to section 12-18b , subject to the provisions of subsection (d) of this section. Such grant shall be equal to that paid to the municipality pursuant to this subsection for the fiscal year ending June 30, 2015. Any eligible special services district shall receive a portion of the grant payable under this subsection to the town in which such district is located. The portion payable to any such district under this subsection shall be the amount of the grant to the town under this subsection which results from application of the district mill rate to exempt property in the district. (d) Notwithstanding the provisions of subsection (c) of this section, no municipality shall receive a grant pursuant to said subsection which, when added to the amount of the grant payable to such municipality pursuant to subsection (b) of section 12-18b , would exceed one hundred per cent of the property taxes which, except for any exemption applicable to any private nonprofit institution of higher education, nonprofit general hospital facility or freestanding chronic disease hospital under the provisions of section 12-81 , would have been paid with respect to such exempt real property on the assessment list in such municipality for the assessment date two years prior to the commencement of the state fiscal year in which such grants are payable. (e) Thirty-five million dollars of the moneys available in the Mashantucket Pequot and Mohegan Fund established pursuant to section 3-55i shall be paid to municipalities in accordance with the provisions of section 7-528 , except that for the purposes of section 7-528 , “adjusted equalized net grand list per capita” means the equalized net grand list divided by the total population of a town, as defined in subdivision (7) of subsection (a) of section 10-261 , multiplied by the ratio of the per capita income of the town to the per capita income of the town at the one hundredth percentile among all towns in the state ranked from lowest to highest in per capita income, and “equalized net grand list” means the net grand list of such town upon which taxes were levied for the general expenses of such town two years prior to the fiscal year in which a grant is to be paid, equalized in accordance with section 10-261a . (f) Five million four hundred seventy-five thousand dollars of the moneys available in the Mashantucket Pequot and Mohegan Fund established pursuant to section 3-55i shall be paid to the following municipalities in accordance with the provisions of section 7-528 , except that for the purposes of said section 7-528 , “adjusted equalized net grand list per capita” means the equalized net grand list divided by the total population of a town, as defined in subdivision (7) of subsection (a) of section 10-261 , multiplied by the ratio of the per capita income of the town to the per capita income of the town at the one hundredth percentile among all towns in the state ranked from lowest to highest in per capita income, and “equalized net grand list” means the net grand list of such town upon which taxes were levied for the general expenses of such town two years prior to the fiscal year in which a grant is to be paid, equalized in accordance with section 10-261a : Bridgeport, Hamden, Hartford, Meriden, New Britain, New Haven, New London, Norwalk, Norwich, Waterbury and Windham. (g) Notwithstanding the provisions of subsections (a) to (f), inclusive, of this section, the total grants paid to the following municipalities from the moneys available in the Mashantucket Pequot and Mohegan Fund established pursuant to section 3-55i shall be as follows: (h) For the fiscal year ending June 30, 1999, and each fiscal year thereafter, if the amount of grant payable to a municipality in accordance with this section is increased as the result of an appropriation to the Mashantucket Pequot and Mohegan Fund for such fiscal year which exceeds eighty-five million dollars, the portion of the grant payable to each eligible service district, in accordance with subsections (a) and (c) of this section shall be increased by the same proportion as the grant payable to such municipality under this section as a result of said increased appropriation. (i) For the fiscal year ending June 30, 2003, to the fiscal year ending June 30, 2006, inclusive, the municipalities of Ledyard, Montville, Norwich, North Stonington and Preston shall each receive a grant of five hundred thousand dollars which shall be paid from the Mashantucket Pequot and Mohegan Fund established pursuant to section 3-55i and which shall be in addition to the grants paid to said municipalities pursuant to subsections (a) to (g), inclusive, of this section. (j) For the fiscal years ending June 30, 2000, June 30, 2001, and June 30, 2002, the sum of forty-nine million seven hundred fifty thousand dollars shall be paid to municipalities, and for the fiscal year ending June 30, 2003, and each fiscal year thereafter, the sum of forty-seven million five hundred thousand dollars shall be paid to municipalities, in accordance with this subsection, from the Mashantucket Pequot and Mohegan Fund established pursuant to section 3-55i . The grants payable under this subsection shall be used to proportionately increase the amount of the grants payable to each municipality in accordance with subsections (a) to (i), inclusive, of this section and shall be in addition to the grants payable under subsections (a) to (g), inclusive, of this section. (k) The amount of the grant payable to each municipality in accordance with subsection (j) of this section shall be reduced proportionately in the event that the total of the grants payable to each municipality pursuant to this section exceeds the amount appropriated for such grants with respect to such year. (l) (1) Notwithstanding the provisions of subsections (a) to (k), inclusive, of this section, and section 3-55i , except as provided in subdivision (2) of this subsection, for the fiscal year ending June 30, 2023, and each fiscal year thereafter, no municipality shall be paid a grant from the Mashantucket Pequot and Mohegan Fund established pursuant to section 3-55i , if a school under the jurisdiction of the board of education for such municipality, or an intramural or interscholastic athletic team associated with such school, uses any name, symbol or image that depicts, refers to or is associated with a state or federally recognized Native American tribe or a Native American individual, custom or tradition, as a mascot, nickname, logo or team name. (2) The provisions of subdivision (1) of this subsection shall not apply (A) to a municipality in which a school under the jurisdiction of the board of education for such municipality or an intramural or interscholastic athletic team associated with such school uses a name, symbol or image (i) depicting or referring to a state or federally recognized Native American tribe with the written consent of such tribe, or (ii) associated with a Native American individual, custom or tradition with the written consent of a state or federally recognized Native American tribe (I) located in or associated with the geographic region in which such school is located, or (II) historically associated with such school or intramural or interscholastic athletic team, and (B) until the fiscal year ending June 30, 2024, to a municipality that timely notifies the Secretary of the Office of Policy and Management, in a form and manner prescribed by the secretary, (i) that a school under the jurisdiction of the board of education for such municipality or an intramural or interscholastic athletic team associated with such school uses a name, symbol or image that would disqualify such municipality from receiving a grant pursuant to subdivision (1) of this subsection, (ii) that such school or team intends to change such name, symbol or image or obtain written consent, and (iii) of the reason that such school or team has not yet changed such name, symbol or image or obtained written consent. For the purposes of this subdivision, written consent shall be demonstrated in a form and manner prescribed by the Secretary of the Office of Policy and Management, and shall include, but not be limited to, a tribal council resolution, agreement between a tribal government and municipality or statement of consent endorsed by a tribal government.

Legislative History

(P.A. 93-388, S. 2–7, 12; 93-435, S. 91, 95; P.A. 97-274, S. 2, 7; June 18 Sp. Sess. P.A. 97-11, S. 2, 65; P.A. 98-244, S. 34, 35; 98-263, S. 14, 21; June Sp. Sess. P.A. 99-1, S. 4, 51; May 9 Sp. Sess. P.A. 02-7, S. 75; P.A. 03-278, S. 7; June Sp. Sess. P.A. 05-3, S. 43; P.A. 15-244, S. 192; P.A. 16-146, S. 3; June Sp. Sess. P.A. 21-2, S. 63.) History: P.A. 93-388 effective July 1, 1993; P.A. 93-435 amended Subsec. (a) to delete provision that additional grant shall be in the same proportion as grant payable pursuant to Sec. 12-19a and to substitute provision that grant shall be calculated under Sec. 12-19a and shall equal one-third of additional amount which municipality would be eligible to receive if total amount available for distribution were $85,205,085 and the percentage of reimbursement set forth in Sec. 12-19a were increased to reflect such amount, effective July 1, 1993; P.A. 97-274 added “Mohegan” to fund name, removed outdated fiscal year references and added payment requirement for eligible special service districts, effective June 26, 1997; June 18 Sp. Sess. 97-11 amended Subsec. (h) to increase grant to Ledyard, North Stonington and Preston from $25,000 to $175,000 and to provide a grant of $150,000 to Montville, effective July 1, 1997; P.A. 98-244, effective June 8, 1998, and P.A. 98-263, effective July 1, 1998, both added identical provisions as Subsec. (i) re payments to eligible service districts; June Sp. Sess. P.A. 99-1 added Subsec. (i), codified by the Revisors as (j), re grant to Ledyard and Subsec. (j), codified by the Revisors as (k), re payment of $49,750,000 to municipalities, effective July 1, 1999 (Revisor's note: Since this section, revised to January 1, 1999, already includes Subsecs.(a) to (i), inclusive, the Revisors editorially designated the two new Subsecs. added by this act as Subsecs. (j) and (k) respectively, and editorially changed a reference in Subsec. (k) from “... in accordance with subsections (a) to (i), inclusive, of this section ...” to “... in accordance with subsections (a) to (j), inclusive, of this section ...” to reflect the relettering of the new Subsecs.); May 9 Sp. Sess. P.A. 02-7 deleted former Subsec. (h) re additional grant to Ledyard, North Stonington, Preston and Montville, redesignated existing Subsec. (i) as Subsec. (h), deleted former Subsec. (j) re additional grant to Ledyard, added new Subsec. (i) re additional grant to Ledyard, Montville, Norwich, North Stonington and Preston, redesignated existing Subsec. (k) as Subsec. (j) and amended said Subsec. (j) to limit provisions re payment amount to three fiscal years, add new provision re payment amount for succeeding fiscal years and make technical changes, and added new Subsec. (k) re proportionate reduction, effective August 15, 2002; P.A. 03-278 made a technical change in Subsec. (j), effective July 9, 2003; June Sp. Sess. P.A. 05-3 amended Subsec. (i) to limit its provisions to three fiscal years, effective July 1, 2005; P.A. 15-244 amended Subsecs. (a) and (b) by replacing references to Sec. 12-19a with references to Sec. 12-18b, amended Subsecs. (c) and (d) by replacing references to Sec. 12-20a with references to Sec. 12-18b, and further amended Subsecs. (a) and (c) by deleting provisions re grant calculation method and adding provisions re fixed grant equal to fiscal year 2015 grant, effective July 1, 2015; P.A. 16-146 amended Subsecs. (a) and (c) by replacing “pursuant to this section” with “pursuant to this subsection”, effective June 9, 2016; June Sp. Sess. P.A. 21-2 added Subsec. (l) re prohibition on grant payments to a municipality re use of a name, symbol or image associated with a Native American tribe, individual, custom or tradition, as a mascot, nickname, logo or team name, and made technical changes throughout, effective July 1, 2021.