Sec. 32-9j. Definitions.
Sec. 32-9j. Definitions. For the purposes of sections 32-9i to 32-9l, inclusive, the
following terms shall have the following meanings unless the context indicates another
meaning and intent:
(a) "Eligible municipality" means any municipality in the state which is a distressed
municipality as defined in subsection (b) of section 32-9p, and any other municipality
in the state which has a population of not less than ten thousand and which has a rate
of unemployment which exceeds one hundred ten per cent of the state's average rate of
unemployment, as determined by the Labor Department, for the calendar year preceding
the determination of eligibility, provided no such other municipality with an unemployment rate of less than six per cent shall be eligible. Eligible municipalities shall be
designated by the Department of Economic and Community Development.
(b) "Eligible business facility" means (1) a business facility located in an eligible
municipality and for which a certificate of eligibility or commitment letter has been
issued by the department prior to March 1, 1991; or (2) a business facility for which a
certificate of eligibility has been issued by the department and which is located in an
enterprise zone designated pursuant to section 32-70. A business facility for which such
a certificate is issued shall be deemed an eligible business facility only during the twenty-four-month period following the day on which the certificate of eligibility is issued. A
business facility may not become an eligible business facility for the purposes of sections
32-9i to 32-9l, inclusive, unless it meets each of the following requirements: (A) It is a
facility which does not primarily serve said eligible municipality in which it is located.
A facility shall be deemed to meet this requirement if it is used primarily for the manufacturing, processing or assembling of raw materials or manufactured products, or for research or industrial warehousing, or any combination thereof or, if located in an enterprise zone designated pursuant to section 32-70, it is to be used by an establishment, an
auxiliary or an operating unit of an establishment, as such terms are defined in the
Standard Industrial Classification Manual, in the categories of depository institutions,
nondepository credit institutions, insurance carriers, holding or other investment offices,
business services, health services, fishing, hunting and trapping, motor freight transportation and warehousing, water transportation, transportation by air, transportation services, security and commodity brokers, dealers, exchanges and services or engineering,
accounting, research, management and related services from the Standard Industrial
Classification Manual, which establishment, auxiliary or operating unit shows a strong
performance in exporting goods and services, as defined by the commissioner through
regulations adopted in accordance with the provisions of chapter 54. A facility shall not
be deemed to meet this requirement if (i) it is used primarily in making retail sales of
goods or services to customers who personally visit such facility to obtain such goods
or services, or (ii) it is used primarily as a hotel, apartment house or other place of
business which furnishes dwelling space or accommodations to either residents or transients; (B) it is a facility which is newly constructed or has undergone major expansion
or renovation as determined by the Commissioner of Economic and Community Development, and (C) it is a facility which will create in the eligible municipality in which it
is located, as a direct result of such construction, expansion or renovation, not less than
five new employment positions, or in the case of a facility located in an enterprise zone
designated pursuant to section 32-70, not less than three new employment positions in
the enterprise zone.
(c) "Commissioner" means the Commissioner of Economic and Community Development.
(d) "Department" means the Department of Economic and Community Development.
(e) "Eligibility period" means the twenty-four-month period following the day on
which the certificate of eligibility is issued.
(f) "Full-time employee" means an employee who works a minimum of thirty-five
hours per week.
(P.A. 77-560, S. 2, 7; 77-614, S. 284, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-508, S. 1, 5; P.A. 84-339, S. 1, 3; P.A.
86-258, S. 4, 8; P.A. 89-235, S. 2, 5; P.A. 90-270, S. 16, 38; P.A. 93-382, S. 20, 69; P.A. 95-250, S. 1; P.A. 96-211, S. 1,
5, 6.)
History: P.A. 77-614 and P.A. 78-303 replaced commissioner and department of commerce with commissioner and
department of economic development, effective January 1, 1979; P.A. 79-508 redefined "eligible municipality" to specifically include distressed municipalities and redefined "eligible business facility" to specify exclusion of "newly constructed"
facilities and to clarify exclusion of facilities which create new jobs; P.A. 84-339 amended Subdiv. (a) to include only
municipalities with a population of not less than ten thousand and amended Subdivs. (b) and (e) to provide for a 24-month
noncalendar year eligibility period; P.A. 86-258 added to definition of "eligible business facility" in Subsec. (b) certain
service facilities located in an enterprise zone; P.A. 89-235 amended the definition of "eligible business facility" in Subsec.
(b) to make technical changes to the categories of eligible facilities located in an enterprise zone which are defined in the
Standard Industrial Classification Manual, and to require the creation of three new employment positions for all facilities
located in an enterprise zone; P.A. 90-270 amended Subsec. (b) to redefine "eligible business facility" to include facilities
located in enterprise zones and further expanded the categories of business such facilities can engage in to include health
services, fishing, hunting and trapping, motor freight transportation and warehousing, water transportation, transportation
by air, transportation services, security and commodity brokers, dealers, exchanges and services, and made technical
changes; P.A. 93-382 changed references to Sec. 32-9m to Sec. 32-9l, effective July 1, 1993; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic
and Community Development.
Subdiv. (f):
Cited. 28 CA 1.