Bill Text: CT SB00455 | 2010 | General Assembly | Comm Sub


Bill Title: An Act Concerning The Connecticut Sports And Marketing Corporation.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2010-05-04 - House Calendar Number 518 [SB00455 Detail]

Download: Connecticut-2010-SB00455-Comm_Sub.html

General Assembly

 

Substitute Bill No. 455

    February Session, 2010

 

*_____SB00455GAE___042010____*

AN ACT CONCERNING THE CONNECTICUT SPORTS AND MARKETING CORPORATION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2010) On or before January 1, 2011, and annually thereafter, the Connecticut Sports and Marketing Corporation, established in section 2 of this act, shall provide a report to the Governor and to the joint standing committee of the General Assembly having cognizance of matters relating to commerce. The report shall summarize the corporation's annual budget and activities, including, but not limited to, the economic impact that sports and sporting events and activities have had on the state in the preceding year.

Sec. 2. (Effective July 1, 2010) (a) There is established a body politic and corporate of perpetual duration to be known as the Connecticut Sports and Marketing Corporation.

(b) The board of directors of the corporation shall have the power to adopt and amend bylaws on behalf of, and for the governance of the affairs of, the corporation.

(c) The corporation shall operate under the management of its board of directors, which shall be self-perpetuating. The initial board of directors shall consist of not more than twenty-one members, excluding ex-officio members. The first board of directors shall be appointed by the members of the Sports Advisory Board, established pursuant to section 10-425 of the general statutes, and shall include: (1) One member who shall be knowledgeable on raising funds from private sources to promote and market sports and sporting events and activities; (2) four members from The University of Connecticut or the Connecticut State University System, as defined in section 10a-1 of the general statutes, or a private university or college, one each of whom shall represent the western, southern, central and eastern parts of the state; (3) one member who shall represent a state-wide business organization; (4) three members who shall represent sports venues or arenas capable of hosting events with ten thousand or more spectators or attendees; (5) four members who shall represent professional sports, including, but not limited to, golf, tennis, auto racing, baseball, boxing and hockey; (6) six members who shall represent amateur sports associations or organizations; and (7) two members who shall represent state amateur sports festivals. Thereafter, members shall be elected as provided in the bylaws of the corporation. The bylaws shall provide that the Commissioner of Economic and Community Development, the Secretary of the Office of Policy and Management, the executive director of the Commission on Culture and Tourism, the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to commerce, or their respective designees, shall be ex-officio members of the board of directors who may not vote or be counted in determining a quorum, as provided in the bylaws. As may be further provided in the bylaws, the terms of elected members of the board of directors may be staggered by dividing the members into up to three groups so that approximately an equal number of such members have terms that expire each year.

Sec. 3. (Effective July 1, 2010) (a) The general purpose of the corporation is to promote, attract, retain and market amateur, collegiate, semiprofessional and professional sports and sporting events and activities, as such sports, events and activities contribute significantly to the economic vitality and quality of life in Connecticut.

(b) The powers of the Connecticut Sports and Marketing Corporation board shall include, but are not limited to:

(1) Developing incorporated bylaws necessary to conduct business and to develop an organizational structure;

(2) Preparing and defining long-range and short-range goals and performance objectives for the corporation;

(3) Establishing a structure of dues for membership organizations and individuals;

(4) Establishing and assigning committees and committee chairpersons to accomplish specific goals and objectives. Said committees may be comprised of both board members and nonboard members with expertise in the work of the corporation;

(5) Providing general oversight of the corporation's sponsorship and fundraising activities, including the establishment of general fundraising policies and guidelines;

(6) Assisting in marketing of state sporting events and providing support to other state groups competing for additional sporting events and opportunities;

(7) Maintaining an inventory of all amateur, collegiate, semiprofessional and professional sports and sporting events in Connecticut and maintaining a web site of scheduled sporting activities and events state-wide;

(8) Representing the state at industry-related events and tradeshows;

(9) Establishing a nonprofit foundation and raising funds from private sources to encourage the development, promotion and marketing of sports events and activities in the state;

(10) Performing such other acts as may be necessary or appropriate to carry out the objectives and mission of the corporation; and

(11) Acquiring or receiving property or money for its purposes by the acceptance of loans, contributions, gifts, grants, donations, bequests or devises whether from federal, state, public or private sources.

Sec. 4. (Effective July 1, 2010) In addition to the powers set forth in section 3 of this act, the corporation may engage in any lawful act and activity consistent with sections 2 and 3 of this act for which corporations may be formed under chapter 602 of the general statutes, the Revised Nonstock Corporation Act, or any successor act, including, but not limited to: (1) All powers conferred upon corporations or organizations by the general statutes; (2) to sue and be sued, complain and defend in its corporate name; (3) to purchase, receive, lease or otherwise acquire, and own, hold, improve, use and otherwise deal with real or personal property, or any legal or equitable interest in property, wherever located, including the power to take property of any description or any interest therein by gift, devise or bequest; (4) to sell, convey, mortgage, pledge, lease, exchange or otherwise dispose of all or any part of its property; (5) to purchase, receive, subscribe for or otherwise acquire, own, hold, vote, use, sell, mortgage, lend, pledge or otherwise dispose of, and deal in and with shares or other interests in, or obligations of, any other entity; (6) to make contracts and guarantees, incur liabilities, borrow money, issue its notes, bonds and other obligations, and secure any of its obligations by mortgage or pledge of any of its property, franchises or income; (7) to invest and reinvest its funds; (8) to conduct its activities, locate offices and exercise the powers granted by section 2 to 14, inclusive, of this act within or without this state; (9) to appoint officers, employees and agents of the corporation, define their duties and fix their compensation; (10) to make donations not inconsistent with law for the public welfare or for charitable, scientific or educational purposes and for other purposes that further the corporate interest; (11) to make payments or donations, or do any other act, not inconsistent with law, that furthers the activities and affairs of the corporation; and (12) to do all acts and things necessary or convenient to carry out the purposes of sections 2 to 14, inclusive, of this act.

Sec. 5. (Effective July 1, 2010) Neither the net earnings of the corporation nor any part thereof may be distributed to or inure to the benefit of any private individual or a director or officer of the corporation. Nothing in sections 2 to 14, inclusive, of this act, shall restrict the right of the corporation to reasonably compensate any officer or director for services rendered to the corporation or to reimburse any officer or director for expenses, disbursements or liabilities properly made or incurred on account of that officer's or director's service to the corporation.

Sec. 6. (Effective July 1, 2010) No substantial part of the activities of the corporation may consist of carrying on propaganda or attempting to influence legislation. The corporation may not participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office, including the publication or distribution of statements.

Sec. 7. (NEW) (Effective July 1, 2010) It shall not constitute a conflict of interest for a trustee, director, partner or officer of any person, firm or corporation, or any individual having a financial interest in a person, firm or corporation, to serve as a member of the board of directors of the Connecticut Sports and Marketing Corporation, provided such trustee, director, partner, officer or individual shall abstain from deliberation, action or vote by the Connecticut Sports and Marketing Corporation in specific respect to such person, firm or corporation.

Sec. 8. (Effective July 1, 2010) Upon dissolution of the corporation, the board of directors shall dispose of and distribute the assets remaining, after payment of all liabilities, exclusively for the purposes of the corporation, to one or more organizations organized exclusively for charitable, educational, religious or scientific purposes which shall be then exempt from federal taxation as an organization or organizations described in Section 501(c)(3) of the Internal Revenue Code in such proportions and amounts and in such manner as the board of directors shall determine. No part of the corporation's assets shall ever be distributed to its directors or officers, or inure to the benefit of any private individual.

Sec. 9. (Effective July 1, 2010) The personal liability of a director of the corporation to the corporation for monetary damages for breach of duty as a director of the corporation shall be limited to the fullest extent permitted by the general statutes or any other applicable laws presently or hereafter in effect, without having to recite such limitation in this section or any amendment thereof.

Sec. 10. (Effective July 1, 2010) The corporation shall provide to its directors and officers the full amount of indemnification that the corporation is permitted to provide to such directors and officers, including, but not limited to, the advancement of expenses, pursuant to the general statutes or any other applicable laws presently or hereafter in effect.

Sec. 11. (Effective July 1, 2010) The corporation and the Executive Branch, or any subdivision thereof, may enter into a written agreement for use by the corporation of the facilities and resources of the Executive Branch, including, but not limited to, office space, storage space, office furniture and equipment, utilities, photocopying services, computer systems and archives and other historical materials and information, provided the Executive Branch shall have no liability for the obligations, acts or omissions of the corporation, and the corporation need reimburse the Executive Branch only for expenses the Executive Branch incurs as a result of the operations of the corporation that the Executive Branch would not have otherwise incurred.

Sec. 12. (Effective July 1, 2010) As used in sections 2 to 14, inclusive, of this act "Internal Revenue Code" means the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time. References in sections 2 to 14, inclusive, of this act to a section of the Internal Revenue Code shall be construed to refer to both such section and to the regulations promulgated thereunder, or any successor section, as it now exists or may hereafter be amended.

Sec. 13. (Effective July 1, 2010) The corporation's registered office and registered agent shall be as provided in the bylaws of the corporation.

Sec. 14. (Effective July 1, 2010) A copy of sections 2 to 14, inclusive, of this act shall be filed with the Secretary of the State, in accordance with the requirements of section 33-1201 of the general statutes, not later than one hundred twenty days after the first meeting of the board of directors.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2010

New section

Sec. 2

July 1, 2010

New section

Sec. 3

July 1, 2010

New section

Sec. 4

July 1, 2010

New section

Sec. 5

July 1, 2010

New section

Sec. 6

July 1, 2010

New section

Sec. 7

July 1, 2010

New section

Sec. 8

July 1, 2010

New section

Sec. 9

July 1, 2010

New section

Sec. 10

July 1, 2010

New section

Sec. 11

July 1, 2010

New section

Sec. 12

July 1, 2010

New section

Sec. 13

July 1, 2010

New section

Sec. 14

July 1, 2010

New section

CE

Joint Favorable Subst.

 

GAE

Joint Favorable

 
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