Substitute House Bill No. 5468
          Substitute House Bill No. 5468

              PUBLIC ACT NO. 98-219


AN  ACT  CONCERNING   PROBATE   COURTS   AND   THE
ASSIGNMENT OF LOTTERY WINNINGS.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1.  Section  45a-92  of  the  general
statutes, as amended  by  section  2 of public act
97-90,   is  repealed   and   the   following   is
substituted in lieu thereof:
    (a) Each person  who  is a judge of probate at
any time during  any calendar year shall file with
the Probate Court Administrator on or before March
first of the  succeeding  year  a  sworn statement
showing the actual  gross  receipts  and  itemized
costs of his  office  and  the net income for each
such calendar year.  If such person ceases to hold
office, he shall  also file with the Probate Court
Administrator, on or  before  March  first  of the
second and third  years  next  following,  a sworn
statement showing his  net  income from his former
office for the  first  and  second  calendar years
next  following the  calendar  year  in  which  he
ceased to hold office. At the time of filing, each
such person shall  pay  to  the State Treasurer as
hereinafter  provided the  sum  required  by  this
section, less sums  previously  paid  to the State
Treasurer on account. Payment shall be credited by
the State Treasurer  to  the  fund  established by
section 45a-82.
    (b) The personal representative of each person
who holds the  office  of judge of probate, at any
time during any  calendar  year, and dies while in
office, or within twenty-four months after ceasing
to hold office,  shall file with the Probate Court
Administrator,  on  or  before  March  first  next
following such death,  a  sworn  statement showing
the actual gross  receipts  and  itemized costs of
the decedent's office  for  the preceding calendar
year  and the  decedent's  net  income  from  that
office  for  such   calendar  year.  The  personal
representative shall file  with  the Probate Court
Administrator on or  before  March  first  of  the
second year following said death a sworn statement
showing the net  income  to  the decedent's estate
from such office for the preceding calendar year.
    (c)  Each  judge   of   probate   or  personal
representative except a  judge  of  probate who is
Probate Court Administrator  shall  at the time of
filing such returns  pay to the State Treasurer to
be credited to  the  fund  established  by section
45a-82, a percentage of the annual net income from
such office based  on the following table IN WHICH
THE PERCENTAGE APPEARING  IN THE LEFT COLUMN SHALL
FIRST  BE  MULTIPLIED   BY   THE   MINIMUM  ANNUAL
COMPENSATION OF A HIGH VOLUME COURT AS PROVIDED IN
SUBSECTION (k) OF  THIS  SECTION,  AS IN EFFECT ON
THE FIRST DAY  OF  JULY  OF  THE CALENDAR YEAR FOR
WHICH  AN  ASSESSMENT  IS  DUE  PURSUANT  TO  THIS
SECTION,  THE  PRODUCT  OF  WHICH  SHALL  THEN  BE
MULTIPLIED BY THE  APPLICABLE PERCENTAGE APPEARING
IN THE RIGHT COLUMN:

    [First $10,000                  $1 nominal
     Next  $ 5,000                          3%
     Next  $ 5,000                          6%
     Next  $ 5,000                         10%
     Next  $ 5,000                         15%
     Next  $ 5,000                         25%
     Next  $ 5,000                         35%
     Next  $ 5,000                         50%
     Next  $ 5,000                         65%
     Next  $ 5,000                         80%
     Next  $ 5,000                         85%
     Next  $20,000                         90%
     Excess over $80,000
     up to the maximum amount
     computed by the State
     Treasurer as provided
     below                                 95%
     All over the maximum amount
     computed by the State
     Treasurer as provided below          100%]

     FIRST 20% OF  THE COMPENSATION
     ASSESSMENT RATE OF A HIGH
     VOLUME COURT                    $1 NOMINAL
     NEXT   6.67%                           5%
     NEXT   6.66%                          10%
     NEXT   6.67%                          15%
     NEXT   6.67%                          25%
     NEXT   6.66%                          35%
     NEXT  13.34%                          50%
     NEXT  33.33%                          75%
     NEXT  33.67%                          80%
     NEXT  66.67%                          85%
     NEXT 133.33%                          95%
     EXCESS OVER 333.33%, UP TO
     THE MAXIMUM AT 97.5% AMOUNT
     COMPUTED BY THE PROBATE COURT
     ADMINISTRATOR
     ALL OVER THE
     MAXIMUM AMOUNT COMPUTED AT
     100% BY THE PROBATE COURT
     ADMINISTRATOR.

    As used herein,  "maximum  amount"  shall mean
the amount of  annual  net income from such office
which, when applying  the  percentage payments set
forth above, shall  result in the judge of probate
retaining as net  compensation,  after the payment
of the above  amounts,  [a sum equal to the salary
of a Superior  Court  judge  who  has  served  the
maximum number of  years  for  the  highest salary
provided in section  51-47.  In  any  year  during
which the salary  of  a  Superior  Court  judge in
section 51-47 is  increased,  the  State Treasurer
shall compute and  furnish  to  the  Probate Court
Administrator no later  than  sixty  days prior to
the effective date  of such Superior Court judge's
salary increase, the maximum amount over which any
judge of probate shall pay one hundred per cent of
the annual net  income.  Any  such  change  in the
maximum as a result of the change in the salary of
the Superior Court judge shall be effective on the
same date as  the  increase  in  the salary of the
Superior Court judge]  NO  MORE  THAN  THE PRODUCT
RESULTING FROM THE  MULTIPLICATION  OF SEVENTY-TWO
DOLLARS BY THE  ANNUAL  WEIGHTED-WORKLOAD  OF  THE
COURT, AS DEFINED  BY REGULATIONS TO BE ADOPTED BY
THE  PROBATE  COURT   ADMINISTRATOR   PURSUANT  TO
SUBDIVISION  (3)  OF  SUBSECTION  (b)  OF  SECTION
45a-77, BUT NOT  TO  EXCEED  THE COMPENSATION OF A
HIGH VOLUME COURT  AS  SET FORTH IN SUBSECTION (k)
OF THIS SECTION,  PROVIDED  THIS  LIMITATION SHALL
NOT APPLY TO  THOSE COURTS DESCRIBED IN SUBSECTION
(k) OF THIS  SECTION. Such payment shall be deemed
to be a  necessary expense of his office but shall
not be deductible  from  the  gross income for the
purpose of determining  net  income of such office
under this section. NOTWITHSTANDING THE PROVISIONS
OF   THIS   SUBSECTION,    THE    ANNUAL   MINIMUM
COMPENSATION OF A  JUDGE  OF  PROBATE  SHALL BE NO
LESS  THAN  THE   PRODUCT   RESULTING   FROM   THE
MULTIPLICATION OF FIFTEEN  DOLLARS  BY  THE ANNUAL
WEIGHTED-WORKLOAD  OF THE  COURT,  AS  DEFINED  BY
REGULATIONS TO BE  ADOPTED  BY  THE  PROBATE COURT
ADMINISTRATOR  PURSUANT  TO   SUBDIVISION  (3)  OF
SUBSECTION (b) OF  SECTION 45a-77, OR NO LESS THAN
THE   JUDGE'S   AVERAGE   COMPENSATION   FOR   THE
THREE-YEAR  PERIOD  FROM   JANUARY   1,  1996,  TO
DECEMBER 31, 1998,  BUT,  IN  NO  EVENT SHALL THAT
MINIMUM COMPENSATION EXCEED THAT PROVIDED PURSUANT
TO SUBSECTION (k) OF THIS SECTION.
    (d)  (1) Any  judge  of  probate  who  is  the
Probate Court Administrator shall pay to the State
Treasurer,  to  be  credited  to  said  fund,  one
hundred per cent of the annual net income from his
office during the  period  of  time  he  serves as
Probate Court Administrator.  (2) For the purposes
of this assessment, fees received after but earned
before   his   appointment    as   Probate   Court
Administrator shall be  subject  to the assessment
set forth in  the  table  in  this  section.  Fees
received after such  judge of probate ceases to be
the Probate Court  Administrator but earned during
his term as  Probate  Court Administrator shall be
paid in full  to  the  State  Treasurer  after the
deduction of the  expenses  of his office. (3) The
books and records  of  any judge of probate acting
as Probate Court Administrator shall be audited by
the Auditors of  Public  Accounts at the beginning
of his term  as  Probate  Court  Administrator and
thereafter at least  annually  during  his term as
Probate Court Administrator and upon completion of
his term as  Probate  Court  Administrator  or  as
judge of probate  whichever  occurs  first.  (4) A
judge   of   probate    who   is   Probate   Court
Administrator shall make  no  expenditure  in  his
court  for  salaries,   equipment,  or  any  other
expenditure  exceeding  the  sum  of  one  hundred
dollars in the  aggregate, annually, without first
having obtained the  approval  of  the Chief Court
Administrator.
    (e) (1) On  or  before January thirty-first of
each year, each  person  required  to make payment
under this section  shall estimate such annual net
income  and  shall   advise   the   Probate  Court
Administrator  thereof,  upon   such   forms   and
pursuant to such regulations as said administrator
shall promulgate. (2) Each person who takes office
as a judge  of probate after February first of any
calendar year, as the result of death, retirement,
resignation or removal of the immediately previous
incumbent of that  office, shall file his estimate
of  annual  net  income  with  the  Probate  Court
Administrator and shall make the necessary payment
to the State Treasurer in accordance therewith not
later than sixty days after taking office.
    (f) If, based  upon  such estimate, the amount
payable shall be  less  than  one hundred dollars,
the payment thereof  shall  be made in one payment
on  or  before   December   thirty-first   of  the
applicable  year. Otherwise,  the  amount  payable
shall  be  made   in   four   substantially  equal
instalments payable on  or  before the last day of
March,  June,  September   and   December  of  the
applicable year, except  that  in  the  case of an
estimate  filed pursuant  to  subdivision  (2)  of
subsection (e) of this section, the amount payable
under such estimate shall be made in substantially
equal instalments on such instalment payment dates
next following the  timely filing of such estimate
in such year. The estimated payment may be amended
and changed at  any  time during the year in which
it is payable  by  increasing  or  decreasing  the
amount. The amount  of  such  increase or decrease
shall be paid for or adjusted in the instalment or
payment due at  the  time the estimated assessment
is next payable  after such amendment. The Probate
Court Administrator may adopt regulations pursuant
to subdivision (1)  of  subsection  (b) of section
45a-77 to carry out the intent of this subsection.
    (g) Upon the completion of each calendar year,
and in any  event  on  or  before the first day of
March of the succeeding calendar year, each person
required to make  payment under this section shall
make   sworn   report   to   the   Probate   Court
Administrator,  upon  forms   prescribed   by  and
subject   to  regulations   promulgated   by   the
administrator, of the  following:  (1)  The  gross
income received by  virtue  of  such  office;  (2)
actual expenses incurred  in  connection  with the
office; (3) the net income of such office prior to
the   payment  of   the   assessment   instalments
hereinbefore provided; (4)  the amount paid during
the preceding calendar year to the State Treasurer
on account of  the foregoing estimate; and (5) the
amount of the  difference,  if  any,  between  the
amount so paid  and  the amount actually due. This
report shall be open to public inspection.
    (h) If the  amount  already paid was less than
the amount due,  such  person  shall, on or before
March first of  the  succeeding calendar year, pay
to the State  Treasurer  the entire deficiency. If
the amount already  paid  was more than the amount
due, such person shall either, at his election and
pursuant to regulations  promulgated  by the State
Treasurer, be entitled  to a refund of such excess
payment to be  paid  from  the  fund  provided  by
section 45a-82, or  a  credit in the amount of the
overpayment  to  be  charged  against  the  future
obligations of such person to said fund.
    (i) (1) If  any  estimated  quarterly payments
required to be  paid pursuant to subsection (f) of
this section is  less  than  one-fourth of seventy
per cent of the total assessment due for that year
or less than one-fourth of ninety-five per cent of
the  assessment paid  for  the  prior  year,  such
person shall be  obligated  to  pay to such fund a
penalty of ten  per  cent  of  the  amount  of the
deficiency,   except  that   the   Probate   Court
Administrator may waive  such penalty for cause in
accordance with regulations  adopted  pursuant  to
subdivision  (1)  of  subsection  (b)  of  section
45a-77. Any such penalty shall become payable upon
demand by the  Probate Court Administrator, and be
due  within thirty  days  after  such  demand,  in
accordance  with regulations  promulgated  by  the
Probate Court Administrator,  and shall be subject
to  interest  under   subdivision   (2)   of  this
subsection  in  the   event  of  default  in  such
payment.   (2)   Any   payments   required   under
subsection (f) or  (h)  which  are not paid at the
applicable times prescribed  in  said subsections,
and any penalty payment required under subdivision
(1) of this  subsection  which is not timely paid,
shall incur simple interest at the rate applicable
under section 12-376  for  delinquent  payment  of
succession and transfer  taxes  where no extension
has been granted,  to  be payable to the Treasurer
and to be  added  to  the  fund  established under
section 45a-82. Any alleged delinquency of a judge
of probate in  making  payments  as required under
this  section  shall  be  referred  by  the  State
Treasurer to the  Attorney General for such action
as the Attorney General deems necessary.
    (j)  (1)  As   used  in  this  subsection  and
subsections  (c)  to   (i),   inclusive,  of  this
section, for any  calendar  year, the term "actual
expenses  incurred in  connection  therewith"  may
include as an  allowable  deduction  the amount of
any net operating  loss  for a prior calendar year
as provided in  this  section.  (2)  The term "net
operating loss" means the excess of itemized costs
and expenses of  office  allowed  by  this section
over the gross income. A net operating loss may be
deducted in the  calendar  year following the year
in which the  net operating loss occurred, but (A)
if the net  income  of such subsequent year is not
sufficient to pay  all of such net operating loss,
then the balance of such net operating loss may be
deducted in the  second  calendar  year  following
such net operating loss; and (B) if the net income
of such second  calendar year is not sufficient to
pay all of  the remaining net operating loss, then
the balance of  such  net  operating  loss  may be
deducted in the third calendar year following such
net operating loss. In no event shall any such net
operating loss or  part  thereof be deductible for
any report beyond the third calendar year in which
it occurred.
    (k)   Notwithstanding   the    provisions   of
subsection   (c)  of   this   section   concerning
percentage payments, a judge of probate who is the
judge in a  court  of probate designated as a high
volume court shall  be  permitted to retain as net
compensation, before the  payment  of  any amounts
due under sections  45a-34  to  45a-54, inclusive,
and 45a-75, the  sum which shall be the greater of
(1)  the  net   compensation  resulting  from  the
application of the  percentages  in subsection (c)
of this section  or  (2) compensation earned after
payment of actual  expenses  of  the office not to
exceed seventy-five per  cent of the amount of the
salary of a  Superior Court judge as determined in
accordance with subsection (a) of section 51-47 as
determined on July  first of the calendar year for
which the assessments  are  being paid pursuant to
this section. If  a  judge  of  probate  of a high
volume court leaves office during a calendar year,
or if a  judge  of  probate of a high volume court
assumes office and  serves during a portion of the
calendar  year,  the   minimum   net  compensation
provided in this  section  shall  be  prorated  in
accordance with the  number  of days served during
the calendar year  as  the  numerator,  and  three
hundred  and  sixty-five   as   the   denominator,
provided  if  the  business  of  the  court  in  a
calendar year does  not  produce sufficient income
with which to  pay  the  minimum net compensation,
then payment for  that  year shall not be extended
to subsequent calendar  years. For the purposes of
this subsection, "high  volume court" shall mean a
court of probate which serves a district having an
estimated population of  seventy  thousand or more
persons as reported  in  the  State  Register  and
Manual for the calendar year immediately preceding
(A) the year  for which the judge was elected, (B)
the year in  which  such  judge was elected or (C)
any year of  the term of office of such judge. The
amount  of  assessment   payable   to   the  State
Treasurer under this  section  shall be reduced by
the amount necessary  to  provide to the judge the
minimum  compensation  to   which  such  judge  is
entitled under this  section, and the estimates of
annual net income  required in subsections (e) and
(f) of this  section  may  be reduced accordingly.
Minimum compensation as provided herein shall only
be payable if  all ordinary and necessary expenses
of the court are paid.
    Sec. 2. Section 45a-20 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    When a three-judge  court  is appointed by the
Probate  Court Administrator,  said  administrator
may pay from  the  fund  authorized  under section
45a-82 a per  diem  rate  not  to exceed [one] TWO
hundred FIFTY dollars for each judge that has been
cited in, other  than  the judge in whose district
the matter is  being  heard. Such payment shall be
made in accordance with regulations promulgated by
the  Probate  Court  Administrator  and  shall  be
included as income  to  the  receiving judge under
section 45a-92.
    Sec. 3. Section  1  of  public  act  97-87  is
repealed and the  following is substituted in lieu
thereof:
    Any judge of  probate  in  office  on or after
October 1, 1997,  whose probate district is merged
with another district and who has not been elected
[after such consolidation]  TO A TERM WHICH BEGINS
AT  THE  TIME   OF,   OR   SUBSEQUENT   TO,   SUCH
CONSOLIDATION, (1) may elect to receive four years
of credited service, as defined in subdivision (2)
of section 45a-34  of  the  general  statutes,  as
amended by section  2  of  [this  act]  PUBLIC ACT
97-87, (2) may elect to receive a reduction of his
retirement  age  of   not  more  than  four  years
pursuant to subsection  (a)  of  section 45a-36 of
the general statutes,  as  amended by section 3 of
[this act] PUBLIC  ACT 97-87, or (3) may elect any
combination of subdivisions  (1)  and  (2) of this
section,  provided  such   combination  shall  not
exceed four years in total.
    Sec. 4. Section 45a-98 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a)  Courts of  probate  in  their  respective
districts  shall  have  the  power  to  (1)  grant
administration of intestate estates of persons who
have died domiciled  in  their  districts  and  of
intestate estates of persons not domiciled in this
state which may  be granted as provided by section
45a-303; (2) admit wills to probate of persons who
have  died domiciled  in  their  districts  or  of
nondomiciliaries  whose wills  may  be  proved  in
their districts as  provided  in  section 45a-287;
(3) except as  provided  in  section 45a-98a or as
limited by an  applicable  statute of limitations,
determine title or rights of possession and use in
and to any  real,  tangible or intangible property
that constitutes, or  may  constitute, all or part
of any trust, any decedent's estate, or any estate
under control of  a guardian or conservator, which
trust  or  estate  is  otherwise  subject  to  the
jurisdiction of the  Probate  Court, including the
rights and obligations  of  any beneficiary of the
trust  or estate  and  including  the  rights  and
obligations of any  joint  tenant  with respect to
survivorship property; (4)  except  as provided in
section 45a-98a, AS  AMENDED BY THIS ACT, construe
the  meaning and  effect  of  any  will  or  trust
agreement  if  a   construction   is  required  in
connection with the administration or distribution
of a trust  or  estate  otherwise  subject  to the
jurisdiction  of  the   Probate  Court,  or,  with
respect to an  inter vivos trust, if that trust is
or could be  subject  to jurisdiction of the court
[on request] for an accounting pursuant to section
45a-175, provided such  an  accounting need not be
required;  (5)  EXCEPT   AS  PROVIDED  IN  SECTION
45a-98a,  AS  AMENDED   BY  THIS  ACT,  APPLY  THE
DOCTRINE OF CY PRES OR APPROXIMATION; [(5)] (6) to
the extent provided  for  in section 45a-175, call
executors,  administrators,  trustees,  guardians,
conservators, persons appointed  to  sell the land
of  minors,  and  attorneys-in-fact  acting  under
powers  of attorney  created  in  accordance  with
section 45a-562, to account concerning the estates
entrusted to their  charge; and [(6)] (7) make any
lawful orders or  decrees to carry into effect the
power and jurisdiction  conferred upon them by the
laws of this state.
    (b) The jurisdiction  of  courts of probate to
determine  title  or   rights   or   to   construe
instruments OR TO APPLY THE DOCTRINE OF CY PRES OR
APPROXIMATION pursuant to  subsection  (a) of this
section is concurrent with the jurisdiction of the
Superior Court and  does  not  affect the power of
the  Superior  Court   as   a   court  of  general
jurisdiction.
    Sec.  5.  Section   45a-98a   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) The Probate  Court shall have jurisdiction
under  subdivision  (3),   [or]   (4)  OR  (5)  OF
SUBSECTION (a) of  section  45a-98,  AS AMENDED BY
THIS ACT, only if (1) the matter in dispute is not
pending in another court of competent jurisdiction
and  (2)  the   Probate  Court  does  not  decline
jurisdiction. Before the  initial  hearing  on the
merits  of  a   matter   in   dispute   in   which
jurisdiction is based on subdivision (3), [or] (4)
OR (5) OF  SUBSECTION  (a)  of  section 45a-98, AS
AMENDED BY THIS ACT, the Probate Court may, on its
own motion, decline  to  take  jurisdiction of the
matter in dispute.  Before  the initial hearing on
the merits of such a matter, any interested person
may file an affidavit that such person is entitled
and intends under  section 52-215 to claim a trial
of the matter  by  jury. In that case, the Probate
Court shall allow  the person filing the affidavit
a period of  sixty  days  within which to bring an
appropriate civil action  in the Superior Court to
resolve the matter  in  dispute. If such an action
is brought in  the  Superior  Court,  the  matter,
after determination by  the  Superior Court, shall
be returned to the Probate Court for completion of
the Probate Court proceedings.
    (b) If a  party  fails to file an affidavit of
intent to claim  a jury trial prior to the initial
hearing in the  Probate  Court  on  the merits, or
having filed such  an affidavit, fails to bring an
action in the  Superior Court within the sixty-day
period allowed by  the  Probate  Court,  the party
shall be deemed  to have consented to a hearing on
the matter in the Probate Court and to have waived
any right under section 52-215 or other applicable
law to a trial by jury.
    Sec.  6.  Section   45a-485   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) If any  marital  deduction  would  not  be
allowed by reason  of  Section  2056(d)(1)  of the
Internal Revenue Code  of 1986 with respect to any
interest in property passing under any will, trust
agreement or other  governing  instrument  because
such   interest   fails   to   comply   with   the
requirements   of   Sections   2056(d)(2)(A)   and
2056A(a) of said  code, the Superior Court, OR THE
PROBATE COURT IF  THE TRUST OR ESTATE IS OTHERWISE
SUBJECT TO THE  JURISDICTION OF THE PROBATE COURT,
OR WITH RESPECT  TO  AN INTER VIVOS TRUST, IF THAT
TRUST IS OR  COULD  BE SUBJECT TO THE JURISDICTION
OF THE COURT FOR AN ACCOUNTING PURSUANT TO SECTION
45a-175, PROVIDED SUCH  AN  ACCOUNTING NEED NOT BE
REQUIRED, shall have  jurisdiction over any action
brought to reform  such  will,  trust agreement or
other governing instrument  to  comply  with those
requirements so as  to  allow  a marital deduction
under Section 2056(a) of said code. All references
contained in this  section  to  any section of the
Internal Revenue Code  of  1986  shall  mean  that
section of the  Internal  Revenue Code of 1986, or
any subsequent corresponding internal revenue code
of  the  United  States,  as  from  time  to  time
amended.
    (b) The Superior  Court  OR  THE PROBATE COURT
shall be empowered  to reform any such will, trust
agreement or other  governing  instrument  to  the
extent necessary to  ensure  the  allowance of the
marital deduction described  in  subsection (a) of
this section.
    (c)  Any  reformation   of   any  will,  trust
agreement  or  other   governing   instrument   in
accordance with the  provisions  of  this  section
shall be effective whether or not a disclaimer has
been filed within  the period of time specified in
sections 45a-578 to 45a-585, inclusive.
    (d) This section  shall  be  applicable to any
action commenced to  reform  any  such will, trust
agreement or other governing instrument created by
a decedent dying on or after November 10, 1988.
    Sec.  7.  Section   45a-519   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  If  any   deduction  under  Section  170,
Section  2055 or  Section  2522  of  the  Internal
Revenue Code of 1986 is not allowable with respect
to any interest  in  property  passing  under  any
will,   trust   agreement   or   other   governing
instrument to a person, or for a use, described in
Section 170(c), Section 2055(a) or Section 2522(a)
and (b) of  said  code because such interest shall
fail to comply  with  the  requirements of Section
170(f)(2),   Section   2055(e)(2)    or    Section
2522(c)(2) of said  code,  the  Superior Court, OR
THE  PROBATE COURT  IF  THE  TRUST  OR  ESTATE  IS
OTHERWISE  SUBJECT  TO  THE  JURISDICTION  OF  THE
PROBATE COURT, OR  WITH  RESPECT TO AN INTER VIVOS
TRUST, IF THAT TRUST IS OR COULD BE SUBJECT TO THE
JURISDICTION  OF  THE   COURT  FOR  AN  ACCOUNTING
PURSUANT  TO SECTION  45a-175,  PROVIDED  SUCH  AN
ACCOUNTING  NEED  NOT   BE  REQUIRED,  shall  have
jurisdiction over any  action  brought  to  reform
such  will, trust  agreement  or  other  governing
instrument in accordance  with  the  provisions of
Section 170(f)(7), Section  2055(e)(3)  or Section
2522(c)(4) of said code so that such deduction may
be allowed under the applicable provisions of said
code. All references  contained in this section to
any section of  the  Internal Revenue Code of 1986
shall mean that  section  of  the Internal Revenue
Code  of 1986,  or  any  subsequent  corresponding
internal revenue code  of  the  United  States, as
from time to time amended.
    (b) The Superior  Court  OR  THE PROBATE COURT
shall be empowered  to reform any such will, trust
agreement or other  governing  instrument  only to
the  extent  necessary  in  order  to  ensure  the
allowance of any deduction described in subsection
(a) of this  section,  and  only to the extent the
court finds that  such  reformation  is consistent
with the original intent of the testator or donor.
    (c) This section  shall  not  be  construed to
effect a change  in  any dispositive provisions of
the governing instrument  as  provided  in section
45a-514.
    (d)  Any  reformation   of   any  will,  trust
agreement  or  other   governing   instrument   in
accordance with the  provisions  of  this  section
shall be effective whether or not a disclaimer has
been filed within  the period of time specified in
sections 45a-578 to 45a-585, inclusive.
    (e) This section  shall  be  applicable to any
action commenced on or after July 18, 1984.
    Sec.  8.  Section   46b-150   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Any  minor  who   has  reached  his  sixteenth
birthday and is  residing  in  this  state, or any
parent or guardian of such minor, may petition the
superior court for juvenile matters OR THE PROBATE
COURT for the  district  in which either the minor
or  his  parents   or   guardian   resides  for  a
determination that the minor named in the petition
be emancipated. The petition shall be verified and
shall state plainly: (1) The facts which bring the
minor within the  jurisdiction  of  the court, (2)
the name, date  of birth, sex and residence of the
minor, (3) the  name  and residence of his parent,
parents or guardian,  and  (4)  the  name  of  the
petitioner and his relationship to the minor. Upon
the filing of  the petition IN THE SUPERIOR COURT,
the court shall  cause  a  summons to be issued to
the minor and  his parent, parents or guardian, in
the manner provided  in  section 46b-128. UPON THE
FILING OF THE  PETITION  IN THE PROBATE COURT, THE
COURT SHALL ASSIGN  A  TIME, NOT LATER THAN THIRTY
DAYS THEREAFTER, AND  A  PLACE  FOR  HEARING  SUCH
PETITION. THE COURT  SHALL  CAUSE  A  CITATION AND
NOTICE TO BE  SERVED  ON THE MINOR AND HIS PARENT,
IF THE PARENT  IS  NOT  THE  PETITIONER,  AT LEAST
SEVEN  DAYS  PRIOR  TO  THE  HEARING  DATE,  BY  A
SHERIFF,  HIS  DEPUTY,  CONSTABLE  OR  INDIFFERENT
PERSON. THE COURT SHALL DIRECT NOTICE BY CERTIFIED
MAIL  TO  THE   PARENT,   IF  THE  PARENT  IS  THE
PETITIONER. THE COURT  SHALL  ORDER SUCH NOTICE AS
IT DIRECTS TO  THE  COMMISSIONER  OF  CHILDREN AND
FAMILIES, AND OTHER  PERSONS HAVING AN INTEREST IN
THE MINOR.
    Sec.  9.  Section   46b-150a  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) [The] WITH  RESPECT TO A PETITION FILED IN
SUPERIOR COURT PURSUANT  TO  SECTION  46a-150,  AS
AMENDED BY THIS ACT, THE SUPERIOR court may, if it
deems  it appropriate,  (1)  require  a  probation
officer, the Commissioner of Children and Families
or any other person to investigate the allegations
in  the  petition   and  file  a  report  of  that
investigation with the  court, (2) appoint counsel
for the minor  who  may serve as guardian ad litem
for the minor, (3) appoint counsel for the minor's
parents or guardian,  or (4) make any other orders
regarding  the  matter   which   the  court  deems
appropriate.
    (b)  WITH  RESPECT  TO  A  PETITION  FILED  IN
PROBATE  COURT PURSUANT  TO  SECTION  46b-150,  AS
AMENDED  BY THIS  ACT,  THE  PROBATE  COURT  SHALL
REQUEST AN INVESTIGATION  BY  THE  COMMISSIONER OF
CHILDREN AND FAMILIES,  UNLESS THIS REQUIREMENT IS
WAIVED BY THE  COURT  FOR  CAUSE  SHOWN. THE COURT
SHALL APPOINT COUNSEL  TO REPRESENT THE MINOR. THE
COSTS OF SUCH  COUNSEL SHALL BE PAID BY THE MINOR,
EXCEPT THAT IF  SUCH  MINOR  IS  UNABLE TO PAY FOR
SUCH COUNSEL AND FILES AN AFFIDAVIT WITH THE COURT
DEMONSTRATING HIS INABILITY TO PAY, THE REASONABLE
COMPENSATION SHALL BE  ESTABLISHED  BY,  AND  PAID
FROM   FUNDS   APPROPRIATED   TO,   THE   JUDICIAL
DEPARTMENT. IF FUNDS HAVE NOT BEEN INCLUDED IN THE
BUDGET  OF  THE   JUDICIAL   DEPARTMENT  FOR  SUCH
PURPOSES, SUCH COMPENSATION  SHALL  BE ESTABLISHED
BY THE PROBATE  COURT  ADMINISTRATOR AND PAID FROM
THE PROBATE COURT ADMINISTRATION FUND.
    Sec.  10.  Section  46b-150b  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    If the SUPERIOR  COURT  OR  THE PROBATE court,
after  hearing, finds  that:  (1)  The  minor  has
entered into a valid marriage, whether or not that
marriage has been  terminated  by  dissolution; or
(2) the minor  is  on  active duty with any of the
armed forces of  the  United States of America; or
(3) the minor  willingly  lives separate and apart
from his parents  or guardian, with or without the
consent of the  parents  or guardian, and that the
minor  is  managing  his  own  financial  affairs,
regardless of the  source of any lawful income; or
(4) for good  cause  shown,  it  is  in  the  best
interest of the  minor,  any child of the minor or
the parents or  guardian  of  the minor, the court
may enter an  order  declaring  that  the minor is
emancipated.
    Sec.  11.  Section  46b-150c  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Any person named  in a petition filed pursuant
to section 46b-150a,  AS  AMENDED BY THIS ACT, who
is aggrieved by the order of the PROBATE court may
appeal  to  the  SUPERIOR  COURT  AS  PROVIDED  IN
SECTION 45a-186. ANY  PERSON  NAMED  IN A PETITION
FILED PURSUANT TO  SECTION 46b-150a, AS AMENDED BY
THIS  ACT,  WHO  IS  AGGRIEVED  BY  ORDER  OF  THE
SUPERIOR COURT MAY  APPEAL  TO THE Appellate Court
in  the  manner  provided  in  subsection  (b)  of
section 46b-142.
    Sec.  12.  Section   19a-301  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  Any cemetery  association,  organized  as
provided by law,  may, by vote of the directors or
members of such association, set aside the surplus
funds of such  association  as  a  perpetual fund.
Such fund shall be invested in accordance with the
provisions   of  the   statutes   concerning   the
investment of trust  funds.  Such  fund,  together
with any donation  received  by  an ecclesiastical
society  or  cemetery   association   pursuant  to
section  19a-303,  shall  be  under  the  control,
management and supervision  of  a committee of not
fewer  than  three   persons   elected   by   such
association   or  society.   Such   ecclesiastical
society  or cemetery  association  shall  meet  at
least once annually. The treasurer of such society
or association shall be, ex officio, the treasurer
of  such committee,  and  shall  give  bond,  with
surety, to the satisfaction of such committee, for
the faithful discharge  of  his  duties.  He shall
expend the income  from  such fund or donation for
the  management,  care   and  maintenance  of  any
cemetery    owned   or    controlled    by    such
ecclesiastical society or cemetery association, or
for the purpose  set  forth  in  the instrument or
declaration of trust  regulating  the  use of such
donation or fund if such instrument or declaration
of trust should  otherwise  provide,  at the times
and in the  manner  designated  by such society or
association. The treasurer  shall  annually, on or
before July first,  make  a report to such society
or association, stating  the  income  received, to
whom it has been paid, the amount and condition of
the fund and  how  it  is invested. A copy of such
report shall be  filed  with the probate court for
the district within  which  the  cemetery owned or
controlled  by  the   society  or  association  is
located. Any treasurer  who  fails  to  file  such
report with the  probate  court shall be fined not
more than fifty dollars.
    (b)  ANY INTERESTED  PARTY  MAY  PETITION  THE
PROBATE  COURT  HAVING   JURISDICTION  UNDER  THIS
SECTION TO REQUIRE AN ACCOUNTING BY THE TREASURER.
THE COURT MAY,  AFTER  HEARING, WITH NOTICE TO ALL
INTERESTED PARTIES, GRANT THE PETITION AND REQUIRE
AN ACCOUNTING FOR  SUCH  PERIODS  OF  TIME  AS  IT
DETERMINES ARE REASONABLE AND NECESSARY ON FINDING
THAT: (1) THE  PETITIONER  HAS  AN INTEREST IN THE
FUND SUFFICIENT TO  ENTITLE  HIM TO AN ACCOUNTING;
(2) CAUSE HAS  BEEN  SHOWN  THAT  AN ACCOUNTING IS
NECESSARY; AND (3)  THE  PETITION  IS  NOT FOR THE
PURPOSE  OF  HARASSMENT.  THE  COURT  SHALL  CAUSE
NOTICE OF THE  HEARING  ON THE ACCOUNT BE GIVEN TO
SUCH PARTIES AND IN SUCH MANNER AS IT DIRECTS.
    (c) THE ACTION  TO SUBMIT AN ACCOUNTING TO THE
COURT SHALL NOT SUBJECT THE FUND TO THE CONTINUING
JURISDICTION OF THE COURT.
    (d) UPON THE  ALLOWANCE  OF  ANY SUCH ACCOUNT,
THE  COURT  SHALL  DETERMINE  THE  RIGHTS  OF  THE
PARTIES, SUBJECT TO APPEAL AS IN OTHER CASES.
    Sec.  13.  Section   17a-684  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) A person who is intoxicated at the time of
application for commitment  pursuant to subsection
(b) of this  section  and  who (1) is dangerous to
himself or dangerous  to  others unless committed,
(2) needs medical treatment for detoxification for
potentially    life-threatening    symptoms     of
withdrawal  from  alcohol   or  drugs  or  (3)  is
incapacitated by alcohol,  may  be  committed  for
emergency  treatment  to   a   treatment  facility
operated by the  Department  of  Mental Health and
Addiction Services or a private treatment facility
approved by the  department  to  provide emergency
treatment. A refusal  to  undergo  treatment shall
not constitute evidence  of lack of judgment as to
the need for treatment.
    (b) A physician,  spouse, guardian or relative
of  the person  to  be  committed,  or  any  other
responsible person, may make a written application
for commitment under this section, directed to the
administrator of a  treatment facility operated by
the department or  approved  by  the department to
provide emergency treatment. The application shall
state facts to  support  the  need  for  emergency
treatment  and be  accompanied  by  a  physician's
certificate  stating  that  he  has  examined  the
person sought to  be  committed  within  two  days
before the certificate's date and facts supporting
the need for emergency treatment.
    (c) Upon tentative approval of the application
by the administrator  of  the  treatment facility,
the person shall  be  transferred to the facility.
The  medical officer  of  the  treatment  facility
shall immediately examine  the person sought to be
committed  and advise  the  administrator  of  the
treatment   facility   whether   the   application
sustains the grounds  to  commit  the  person  for
emergency  treatment.  The   administrator   shall
either  accept  the   application  or  refuse  the
application if the  application  fails  to sustain
the grounds for  commitment.  If the administrator
accepts  the  application,  the  person  shall  be
retained at the facility to which he was admitted,
or transferred to  another  appropriate  treatment
facility, until discharged under subsection (d) of
this section.
    (d)  When,  on   the  advice  of  the  medical
officer,  the administrator  determines  that  the
grounds for commitment  for emergency treatment no
longer exist, the  administrator shall discharge a
person committed under  this  section.  No  person
committed under this  section  may  be detained in
any treatment facility for more than five days. If
[a  petition]  AN   APPLICATION   for  involuntary
commitment under section  17a-685,  AS  AMENDED BY
THIS  ACT, has  been  filed  within  the  five-day
period  and the  administrator  of  the  treatment
facility, on the  advice of the medical officer of
the facility, finds  that  grounds  for commitment
exist under the provisions of said section, he may
detain the person until the [petition] APPLICATION
has been heard  and determined, but no longer than
[five]  SEVEN  business   days  after  filing  the
[petition] APPLICATION.
    (e) A copy  of  the  written  application  for
commitment  and  a   written  explanation  of  the
person's right to  counsel,  shall be given by the
administrator of the  treatment  facility  to  the
person within twenty-four  hours  after commitment
under  this  section.   The   administrator  shall
provide a reasonable opportunity for the person to
consult counsel.
    Sec.  14.  Section   17a-685  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  Any  person,   including  the  spouse,  a
relative  [,]  OR  a  conservator  [or  the  legal
representative]  of  a   person   sought   to   be
committed, a physician issuing a certificate under
subsection   (b)   of    this   section   or   the
administrator   of  a   treatment   facility   may
[petition the Superior]  MAKE  APPLICATION  TO THE
PROBATE Court to  commit  a person to an inpatient
treatment  facility  for   treatment  for  alcohol
dependency  or  drug  dependency.  The  [petition]
APPLICATION shall be  brought  to  the  [superior]
PROBATE court for the [geographical area] DISTRICT
in  which the  [person  sought  to  be  committed]
RESPONDENT resides, or, if his residence is out of
state  or unknown,  for  the  [geographical  area]
DISTRICT in which  he is at the time of filing the
[petition] APPLICATION. IN  ANY  CASE IN WHICH THE
PERSON IS BEING  TREATED  IN  A  FACILITY,  AND AN
APPLICATION  IS  FILED   IN  ACCORDANCE  WITH  THE
PROVISIONS OF THIS  SECTION, JURISDICTION SHALL BE
VESTED IN THE  PROBATE  COURT  FOR THE DISTRICT IN
WHICH THE FACILITY  WHERE SUCH PERSON IS A PATIENT
IS LOCATED. IF  THE  RESPONDENT  IS  CONFINED TO A
FACILITY,   NOTWITHSTANDING  THE   PROVISIONS   OF
SECTION  45a-7,  THE  JUDGE  OF  PROBATE  FOR  THE
DISTRICT IN WHICH  THE APPLICATION WAS FILED SHALL
HOLD  THE  HEARING   ON  THE  APPLICATION  AT  THE
FACILITY WHERE SUCH PERSON IS CONFINED.
    (b) The [petition]  APPLICATION  shall  allege
that the person  is an alcohol-dependent person or
a  drug-dependent  person   who  is  dangerous  to
himself or dangerous  to  others  when  he  is  an
intoxicated person or who is gravely disabled. THE
APPLICATION SHALL CONTAIN  A  STATEMENT  THAT  THE
APPLICANT  HAS  ARRANGED   FOR   TREATMENT   IN  A
TREATMENT FACILITY. A  STATEMENT  TO  THAT  EFFECT
FROM  SUCH  FACILITY  SHALL  BE  ATTACHED  TO  THE
APPLICATION. The [petition] APPLICATION shall ALSO
be accompanied by  a  certificate  of  a  licensed
physician who has  examined  the person within two
days before submission  of  the  [petition, unless
the person whose  commitment is sought has refused
to submit to  a medical examination, in which case
the  fact of  refusal  shall  be  alleged  in  the
petition] APPLICATION. The physician's certificate
shall   set  forth   the   physician's   findings,
including clinical observation  or information, or
the person's medical  history,  in  support of the
allegations of the  [petition]  APPLICATION, and a
finding of whether  the person presently needs and
is likely to  benefit  from  treatment,  and shall
include a recommendation as to the type and length
of treatment and  inpatient  facilities  available
for such treatment.  A  physician  employed by the
private treatment facility  to which the person is
to  be  committed   is  not  eligible  to  be  the
certifying physician. [A  petition] AN APPLICATION
filed  by  a  person  other  than  the  certifying
physician   shall  set   forth   the   facts   and
information upon which  the [petitioner] APPLICANT
bases his allegations  and the names and addresses
of all physicians.  [and of any witnesses believed
to have knowledge of the material facts.]
    (c) Upon [filing]  RECEIPT  OF  the [petition]
APPLICATION, the court shall [fix a date] ASSIGN A
TIME for a  hearing  [no]  NOT  later  than [five]
SEVEN business days  after the date the [petition]
APPLICATION was filed.  A  copy  of the [petition]
APPLICATION and PHYSICIAN'S  certificate  and [of]
the notice of  the  hearing,  [including  the date
fixed by the  court,]  shall  be  served,  by [any
person authorized by  law  to  effect  service  of
civil process,] A SHERIFF OR HIS DEPUTY, CONSTABLE
OR  INDIFFERENT  PERSON   not   later  than  three
business   days  before   the   hearing   on   the
respondent, [his] UNLESS  THE  RESPONDENT  IS IN A
FACILITY, IN WHICH  CASE  SUCH  NOTICE SHALL BE BY
REGULAR  MAIL.  SUCH   NOTICE  SHALL  INFORM  SUCH
RESPONDENT THAT HE  HAS  A  RIGHT TO BE PRESENT AT
THE HEARING, THAT  HE, IF INDIGENT, HAS A RIGHT TO
HAVE COUNSEL APPOINTED  TO REPRESENT HIM, AND THAT
HE  HAS  A   RIGHT   TO   CROSS-EXAMINE  WITNESSES
TESTIFYING AT ANY  HEARING  UPON THAT APPLICATION.
THE COURT SHALL CAUSE A RECORDING OF THE TESTIMONY
OF SUCH HEARING TO BE MADE, TO BE TRANSCRIBED ONLY
IN THE EVENT OF AN APPEAL FROM THE DECREE RENDERED
PURSUANT  TO  THIS   SECTION.   A   COPY  OF  SUCH
TRANSCRIPT SHALL BE  FURNISHED  WITHOUT  CHARGE TO
ANY APPELLANT WHOM  THE  COURT OF PROBATE FINDS IS
UNABLE TO PAY  FOR  THE  SAME.  THE  COST  OF SAID
TRANSCRIPT SHALL BE  PAID  FROM FUNDS APPROPRIATED
TO THE JUDICIAL  DEPARTMENT. THE COURT SHALL CAUSE
NOTICE OF SAID HEARING TO BE GIVEN BY REGULAR MAIL
TO THE RESPONDENT'S  next  of kin, [other than the
petitioner,] a parent  or his legal guardian if he
is a minor,  the  administrator  of  the treatment
facility if the  respondent has been committed for
emergency treatment pursuant  to  section 17a-684,
AS AMENDED BY  THIS  ACT, AND the administrator of
the treatment facility  to which the respondent is
to be admitted.  [, and any other person the court
believes  advisable.  If  the  petitioner  is  the
administrator of a  treatment facility operated by
the  Department of  Mental  Health  and  Addiction
Services, service may  be  made  at the expense of
the state. The petitioner shall be notified of the
hearing date not  later  than  three business days
before the hearing.]  THE  COURT  MAY  ORDER  SUCH
NOTICE AS IT  DIRECTS  TO  OTHER PERSONS HAVING AN
INTEREST IN THE  RESPONDENT.  IF  THE  COURT FINDS
SUCH RESPONDENT IS INDIGENT OR OTHERWISE UNABLE TO
PAY FOR COUNSEL,  THE  COURT SHALL APPOINT COUNSEL
FOR  SUCH  RESPONDENT,   UNLESS   SUCH  RESPONDENT
REFUSES  COUNSEL AND  THE  COURT  FINDS  THAT  THE
RESPONDENT UNDERSTANDS THE  NATURE OF HIS REFUSAL.
THE COURT SHALL APPOINT COUNSEL FOR THE RESPONDENT
FROM A PANEL  OF ATTORNEYS ADMITTED TO PRACTICE IN
THIS  STATE  PROVIDED   BY   THE   PROBATE   COURT
ADMINISTRATOR  IN  ACCORDANCE   WITH   REGULATIONS
PROMULGATED BY THE  PROBATE COURT ADMINISTRATOR IN
ACCORDANCE  WITH SECTION  45a-77.  THE  REASONABLE
COMPENSATION  OF  APPOINTED   COUNSEL   SHALL   BE
ESTABLISHED BY, AND  PAID  FROM FUNDS APPROPRIATED
TO, THE JUDICIAL  DEPARTMENT.  IF  FUNDS  HAVE NOT
BEEN  INCLUDED  IN  THE  BUDGET  OF  THE  JUDICIAL
DEPARTMENT FOR SUCH  PURPOSES,  SUCH  COMPENSATION
SHALL  BE  ESTABLISHED   BY   THE   PROBATE  COURT
ADMINISTRATOR  AND PAID  FROM  THE  PROBATE  COURT
ADMINISTRATION FUND. PRIOR  TO  SUCH  HEARING SUCH
RESPONDENT, OR HIS COUNSEL, IN ACCORDANCE WITH THE
PROVISIONS  OF  SECTIONS   52-146d   TO   52-146i,
INCLUSIVE,  SHALL  BE   AFFORDED   ACCESS  TO  ALL
RECORDS,  INCLUDING WITHOUT  LIMITATION,  HOSPITAL
RECORDS IF SUCH  RESPONDENT  IS  HOSPITALIZED, AND
SHALL BE ENTITLED TO TAKE NOTES THEREFROM. IF SUCH
RESPONDENT IS HOSPITALIZED  AT  THE  TIME  OF  THE
HEARING, THE HOSPITAL SHALL MAKE AVAILABLE AT SUCH
HEARING FOR USE  BY  THE RESPONDENT OR HIS COUNSEL
ALL RECORDS IN  ITS  POSSESSION  RELATING  TO  THE
CONDITION OF THE  RESPONDENT.  NOTWITHSTANDING THE
PROVISIONS  OF  SECTIONS   52-146d   TO   52-146i,
INCLUSIVE,  ALL  SUCH  HOSPITAL  RECORDS  DIRECTLY
RELATING TO THE  RESPONDENT SHALL BE ADMISSIBLE AT
THE REQUEST OF  ANY  PARTY OR THE PROBATE COURT IN
ANY PROCEEDING RELATING  TO  THE CONFINEMENT TO OR
RELEASE FROM A  HOSPITAL  OR  TREATMENT  FACILITY.
NOTHING  IN  THIS  SECTION  SHALL  PREVENT  TIMELY
OBJECTIONS TO THE  ADMISSIBILITY  OF  EVIDENCE  IN
ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE.
    (d) If, after  hearing  all relevant evidence,
including   the   results    of   any   diagnostic
examination,  the  court   finds,   by  clear  and
convincing evidence, that  the  respondent  is  an
alcohol-dependent  person  or   a   drug-dependent
person who is dangerous to himself or dangerous to
others when he  is an intoxicated person or who is
gravely  disabled,  it  shall  make  an  order  of
commitment to a  treatment  facility for inpatient
treatment for a period of not less than thirty nor
more than one  hundred  eighty days. The court may
not order commitment  of  a  respondent  unless it
determines that the  treatment facility is able to
provide adequate and appropriate treatment for him
and that the treatment is likely to be beneficial.
In any proceeding pursuant to this subsection, the
provisions of section 17a-686 shall apply.
    (e)  A person  committed  under  this  section
shall remain in  the  custody of the administrator
of the treatment  facility for inpatient treatment
for the commitment period unless sooner discharged
under the provisions  of  subsection  (k)  of this
section  by the  administrator  of  the  treatment
facility. At the  end  of the commitment period, a
person  committed  under  this  section  shall  be
discharged automatically unless the administrator,
before expiration of  the  period, obtains a court
order for recommitment  pursuant to the provisions
of subsection (f)  of  this  section for inpatient
treatment.  When the  person  is  discharged,  the
administrator shall, if recommended by the medical
officer of the  facility,  refer  the person to an
outpatient   treatment  facility   for   treatment
pursuant to the  provisions  of  subsection (j) of
this section.
    (f)   The  administrator   of   an   inpatient
treatment  facility,  before   expiration  of  the
commitment period ordered  in  subsection  (d)  of
this  section,  or   the   administrator   of   an
outpatient treatment facility,  before  expiration
of the outpatient  treatment  period  set forth in
subsection (j) of this section, may, on the advice
of the medical officer of the facility, [petition]
MAKE APPLICATION TO  the court for recommitment of
the person to  a  treatment facility for inpatient
treatment.  [A  petition]   AN   APPLICATION   for
recommitment shall allege  that  the respondent is
an alcohol-dependent person  or  a  drug-dependent
person who needs  further  inpatient treatment and
who is likely  to  become  dangerous to himself or
dangerous to others  when  he  is  an  intoxicated
person or likely to become gravely disabled AND IS
LIKELY TO BENEFIT FROM SUCH TREATMENT, and, if the
respondent is in  an outpatient facility, that the
respondent is not  successfully  participating  in
the outpatient program.
    (g) Upon the [filing of a petition] RECEIPT OF
AN APPLICATION for  recommitment  under subsection
(f) of this  section, the court shall [fix a date]
ASSIGN  A TIME  for  hearing  no  later  than  ten
business  days  after   the  date  the  [petition]
APPLICATION was filed.  A  copy  of the [petition]
APPLICATION and of  the  notice  of  the  hearing,
including the date  fixed  by  the court, shall be
[served, by any person authorized by law to effect
service of civil process,] SENT BY REGULAR MAIL no
later than three business days before the hearing,
[on] TO the  respondent,  his  next  of  kin,  the
original [petitioner] APPLICANT  under  subsection
(a)  of  this   section   if  different  from  the
[petitioner] APPLICANT for  recommitment, [one of]
his parents or  his  legal  guardian  if  he  is a
minor, the administrator of the treatment facility
to which the  respondent  is  admitted  or  to  be
admitted and any  other  person the court believes
advisable.  The [petitioner]  APPLICANT  shall  be
notified of the  hearing date not later than three
business  days  before   the   hearing.   [If  the
petitioner is the  administrator  of  a  treatment
facility  operated by  the  Department  of  Mental
Health and Addiction Services, service may be made
at the expense of the state.]
    (h) If after  hearing  all  relevant evidence,
including   the   results    of   any   diagnostic
examination,  the  court   finds,   by  clear  and
convincing evidence, that  the  respondent  is  an
alcohol-dependent  person  or   a   drug-dependent
person who needs  further  inpatient treatment and
who is likely  [to  become dangerous to himself or
dangerous to others  when  he  is  an  intoxicated
person or likely  to  become  gravely disabled] TO
BENEFIT  FROM  SUCH   TREATMENT,   and,   if   the
respondent is in an outpatient treatment facility,
that   the   respondent    is   not   successfully
participating in the  outpatient program, it shall
make an order  of  recommitment  to  an  inpatient
treatment facility for  treatment  for a period of
not less than  thirty  nor  more  than one hundred
eighty days. The  court may not order recommitment
of a respondent  unless  it  determines  that  the
treatment facility is able to provide adequate and
appropriate  treatment  for   him   and  that  the
treatment is likely  to  be  beneficial. The court
shall not make  more  than  one recommitment order
immediately following an original commitment order
under subsection (d) of this section nor more than
one   recommitment  order   from   an   outpatient
treatment facility. In  any proceeding pursuant to
this  subsection,  the   provisions   of   section
17a-686, AS AMENDED BY THIS ACT, shall apply.
    (i) A person  recommitted under subsection (h)
of this section who has not been discharged before
the  end  of  the  recommitment  period  shall  be
discharged automatically at the expiration of that
period. When the recommitted person is discharged,
the administrator of the treatment facility shall,
if advised to  do so by the medical officer of the
facility,  refer  the   person  to  an  outpatient
treatment facility for  treatment  pursuant to the
provisions of subsection (j) of this section.
    (j)  A  person   referred   to  an  outpatient
treatment facility pursuant  to  the provisions of
subsection (e) or (i) of this section shall remain
in outpatient treatment  for  a  period  of twelve
months   unless   sooner    discharged    by   the
administrator of the  treatment  facility,  on the
advice of the  medical officer of the facility, or
unless,  before  expiration   of   the  period  of
outpatient treatment, the  administrator obtains a
court   order  of   recommitment   for   inpatient
treatment as provided  in  subsection  (h) of this
section.
    (k) The administrator of a treatment facility,
on  the  advice  of  the  medical  officer,  shall
discharge a person  committed  or  recommitted for
treatment at any time before the end of the period
for which he  has  been committed if the person is
no  longer  an   alcohol-dependent   person  or  a
drug-dependent   person   in   need   of   further
treatment, further treatment will not be likely to
bring  about  significant   improvement   in   the
person's  condition  or  treatment  is  no  longer
adequate or appropriate.
    (l) If a  committed  or recommitted person has
not been discharged  pursuant to subsection (k) of
this section, any  responsible  person,  including
the committed or recommitted person, may [petition
the  Superior] MAKE  APPLICATION  TO  THE  PROBATE
Court   for   termination    of    commitment   or
recommitment  and  discharge  from  the  treatment
facility. The [petition]  APPLICATION shall allege
that the committed  or  recommitted  person  is no
longer   an   alcohol-dependent    person   or   a
drug-dependent   person   in   need   of   further
treatment,  that further  treatment  will  not  be
likely to bring  about  significant improvement in
the person's condition  or  that  treatment  is no
longer  adequate  or  appropriate.  [The  petition
shall be set  for  hearing  within  seven business
days of its receipt by the clerk of the court. Not
later than three  business days before the hearing
a copy of  the petition and notice of the hearing,
including the date  fixed  by  the court, shall be
served, by any  person authorized by law to effect
service of civil  process,  on  the  committed  or
recommitted   person   if   different   from   the
petitioner,  and  on   the  administrator  of  the
treatment facility where  the person was committed
or recommitted. The  petitioner  shall be notified
of the hearing  date not later than three business
days  before  the   hearing.   In  any  proceeding
pursuant to this  subsection,  the  provisions  of
section 17a-686 shall  apply.] UPON RECEIPT OF ANY
SUCH APPLICATION, SUCH  COURT SHALL ASSIGN A TIME,
NOT LATER THAN TEN BUSINESS DAYS THEREAFTER, AND A
PLACE  FOR HEARING  SUCH  APPLICATION,  AND  SHALL
CAUSE REASONABLE NOTICE THEREOF TO BE GIVEN TO THE
APPLICANT,  THE  ADMINISTRATOR  OF  THE  TREATMENT
FACILITY AND ANY  OTHER  PERSON  THE  COURT  DEEMS
ADVISABLE. SUCH NOTICE  SHALL INFORM THE APPLICANT
THAT HE HAS THE RIGHT TO BE PRESENT AT THE HEARING
AND TO PRESENT  EVIDENCE  AT  THE HEARING, THAT HE
HAS A RIGHT  TO COUNSEL, THAT HE, IF INDIGENT, HAS
A RIGHT TO  HAVE  COUNSEL  APPOINTED  TO REPRESENT
HIM, AND THAT  HE  HAS  A  RIGHT  TO CROSS-EXAMINE
WITNESSES AT ANY  HEARING ON SUCH APPLICATION. THE
PROVISIONS OF SECTION  17a-686, AS AMENDED BY THIS
ACT, SHALL APPLY.  If,  after  hearing,  the court
determines  that  the   grounds   alleged  in  the
[petition]  APPLICATION  exist,   it  shall  order
termination of the  commitment or recommitment and
discharge of the  committed or recommitted person,
except that the  court may not order the discharge
of an alcohol-dependent  person  or drug-dependent
person  who the  court  determines  is  likely  to
become dangerous to himself or dangerous to others
when he is an intoxicated person.
    (m) The administrator  of a treatment facility
to which a  committed  or  recommitted  person has
been  committed or  recommitted  may,  under  such
restrictions or agreements  as  he deems advisable
and on the  advice  of  the medical officer of the
facility, permit the person to leave the treatment
facility  temporarily,  in   the   charge  of  his
guardian, CONSERVATOR, relatives or friends, or by
himself.
    (n) ALL THE  EXPENSES  IN  CONNECTION  WITH AN
APPLICATION  FILED  UNDER   SECTIONS   17a-684  TO
17a-686, INCLUSIVE, AS  AMENDED BY THIS ACT, SHALL
BE PAID BY  THE APPLICANT, UNLESS THE APPLICANT IS
INDIGENT, IN WHICH  CASE  SUCH  EXPENSES  SHALL BE
PAID BY THE  STATE  FROM FUNDS APPROPRIATED TO THE
DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES
IN  ACCORDANCE  WITH  RATES  ESTABLISHED  BY  SAID
DEPARTMENT,   AND   ATTORNEY'S   FEES   SHALL   BE
ESTABLISHED BY, AND  PAID  FROM FUNDS APPROPRIATED
TO, THE JUDICIAL  DEPARTMENT.  IF  FUNDS  HAVE NOT
BEEN  INCLUDED  IN  THE  BUDGET  OF  THE  JUDICIAL
DEPARTMENT FOR SUCH  ATTORNEY'S  FEES,  SUCH  FEES
SHALL  BE  ESTABLISHED   BY   THE   PROBATE  COURT
ADMINISTRATOR  AND PAID  FROM  THE  PROBATE  COURT
ADMINISTRATION FUND, PROVIDED  IN  NO  EVENT SHALL
THE EXPENSES UNDER  SUBSECTION (l) OF THIS SECTION
BE PAID FOR  ANY  ONE  APPLICANT FOR MORE THAN TWO
HEARINGS PER YEAR.
    Sec.  15.  Section   17a-686  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    [(a) Petitions for commitment and recommitment
pursuant to sections  17a-465a,  17a-673,  17a-677
and  17a-680  to   17a-690,   inclusive,   or  for
termination  of  commitment  or  recommitment  and
discharge shall not  require  the  payment  of  an
entry fee to the court, and neither petitioner nor
respondent shall be liable for costs.
    (b) The court  shall  inform  the person whose
commitment or recommitment  is  sought  or  who is
petitioning  for  termination   of  commitment  or
recommitment and discharge of his right to contest
the petition for commitment or recommitment, to be
represented  by counsel  at  every  stage  of  any
proceedings  relating  to   his   commitment   and
recommitment, and to have counsel appointed by the
court. If he  requests  the  assistance of counsel
and is unable  to  obtain counsel, the court shall
appoint counsel to  represent  him.  If  the court
believes that the  person  needs the assistance of
counsel, the court  shall  require, by appointment
if necessary, counsel  for  him  regardless of his
wishes. If the  court finds the person indigent or
otherwise unable to  pay  for  counsel, reasonable
compensation  of  appointed   counsel   shall   be
established by, and  paid from, funds appropriated
to the Judicial  Department.]  The person shall be
informed of his right to be examined by a licensed
physician of his  choice.  If the person is unable
to  obtain  a   licensed  physician  and  requests
examination by a physician, the court shall employ
a licensed physician.
    [(c)] (a) At  any  hearing  on [a petition] AN
APPLICATION   for  commitment,   recommitment   or
termination and discharge, the court shall inquire
into the facts  of the [petition] APPLICATION. The
following provisions shall apply to the hearing:
    (1) The [person]  RESPONDENT  shall be present
unless the court  finds  by  clear  and convincing
evidence that his  presence  would be injurious to
himself. If the  person  is not present, the court
shall appoint a  guardian  ad  litem  to represent
him;
    (2) The court shall examine the person in open
court, or, if  the  person is not present, examine
him in such  a  private  setting  as the court may
determine;
    (3)   The   [person]    RESPONDENT    or   his
representative    may   present    evidence    and
cross-examine witnesses;
    (4)  The  court   shall  order  any  examining
physician to appear  if  the  person  notifies the
court not less  than  two  days before the hearing
that he wishes to cross-examine such physician. IT
IS THE RESPONSIBILITY  OF THE APPLICANT TO PROVIDE
MEDICAL TESTIMONY;
    (5) The Connecticut rules of evidence shall be
observed.
    [(d)] (b) If,  at the time of the hearing, the
person is being  treated  at  a treatment facility
and is medicated,  the  treatment  facility  shall
notify the court  of  the  medication  and  of the
common effects thereof.
    [(e)] (c) The court may not order a commitment
or  recommitment  unless  the  evidence  presented
includes  the report  of  at  least  one  licensed
physician  who  has   examined  the  person  which
supports  the  allegations   of   the   [petition]
APPLICATION for commitment  or  recommitment.  [If
the  person  has  refused  to  be  examined  by  a
physician, the court  shall  dismiss  the petition
unless it finds  sufficient  evidence  to  believe
that the allegations  of the petition are true. If
the court finds  sufficient  evidence  to  believe
that such allegations are true, it shall order the
person examined by  one  or  more  physicians.  If
necessary to effect  such  examination,  the court
may order the  person  temporarily  committed to a
treatment facility operated  by the commission for
a period of  not  more  than  five  days  for  the
purposes of such examination. A refusal to undergo
or to continue  treatment shall not be evidence of
lack of judgment as to the need for treatment.]
    [(f)]  (d) If  a  private  treatment  facility
agrees  with the  request  of  a  patient  or  his
parent,   sibling,   adult    child    or    legal
representative   to   accept   the   patient   for
treatment,  the  administrator  of  the  treatment
facility  operated by  the  Department  of  Mental
Health and Addiction  Services  shall transfer him
to the private treatment facility.
    [(g)]  (e) In  any  contested  proceeding  for
commitment,  recommitment,  or   termination   and
discharge,  the  Attorney   General   shall,  upon
request,   represent  the   administrator   of   a
treatment  facility operated  by  the  department.
[The court may  appoint  counsel  to  represent an
indigent petitioner where  the  petitioner  is the
spouse, guardian or relative.]
    Sec.  16.  Section   17a-691  of  the  general
statutes, as amended  by  section 13 of public act
97-8 of the  June  18 special session, is repealed
and the following is substituted in lieu thereof:
    As  used  in   sections  17a-691  to  17a-701,
inclusive:
    (a)   "Alcohol-dependent  person"   means   an
alcohol-dependent  person as  defined  in  section
17a-680.
    (b) "COURT" MEANS SUPERIOR COURT.
    [(b)] (c) "Drug"  means  a  controlled drug as
defined in section 17a-680.
    [(c)]  (d)  "Drug-dependent  person"  means  a
drug-dependent  person  as   defined   in  section
17a-680.
    [(d)] (e) "Treatment  program" means a program
operated by the  Department  of  Mental Health and
Addiction Services or approved by the Commissioner
of  Mental  Health   and  Addiction  Services  for
treatment of both  the  physical and psychological
effects of alcohol  or  drug  dependency, provided
such program is not intended solely to detoxify an
alcohol-dependent or drug-dependent person.
    Sec.  17.  Section   45a-650  of  the  general
statutes, as amended  by  section  4 of public act
97-90, is amended  by  adding  subsection  (g)  as
follows:
    (NEW) (g) The  court  may limit the powers and
duties of either  the conservator of the person or
the conservator of  the  estate,  to include some,
but not all, of the powers and duties set forth in
subsections  (a)  and   (b)  of  section  45a-644,
sections  45a-655  and  45a-656,  and  shall  make
specific findings to justify such a limitation, in
the best interests  of  the  ward.  In determining
whether or not  any limitations should be imposed,
the court shall  consider  the  abilities  of  the
ward,    the    prior     appointment    of    any
attorney-in-fact, health care  agent,  trustee  or
other fiduciary acting  on behalf of the ward, any
support services which  are otherwise available to
the ward, and  any  other  relevant  evidence. The
court may modify  its  decree  upon  any change in
circumstances.
    Sec.  18.  Section   51-217   of  the  general
statutes, as amended  by  section  3 of public act
97-200,  is  repealed   and   the   following   is
substituted in lieu thereof:
    (a) All jurors  shall be electors, or citizens
of the United  States  who  are  residents of this
state having a  permanent  place  of abode in this
state and appear  on the list compiled by the Jury
Administrator  under  subsection  (b)  of  section
51-222a, who have  reached  the age of eighteen. A
person shall be  disqualified  to serve as a juror
if such person  (1)  is  found  by  a judge of the
Superior Court to  exhibit  any quality which will
impair his capacity  to  serve  as a juror, except
that no person  shall be disqualified on the basis
of deafness or  hearing  impairment;  (2) has been
convicted of a  felony within the past seven years
or is a  defendant  in a pending felony case or is
in the custody  of the Commissioner of Correction;
(3)  is not  able  to  speak  and  understand  the
English language; (4)  is the Governor, Lieutenant
Governor,  Secretary  of   the  State,  Treasurer,
Comptroller or Attorney General; (5) is a judge of
the PROBATE COURT, Superior Court, Appellate Court
or Supreme Court,  is  a family support magistrate
or is a  federal  court  judge; (6) is a member of
the     General    Assembly,     provided     such
disqualification  shall  apply   only   while  the
General Assembly is  in  session;  (7)  is seventy
years of age  or  older and chooses not to perform
juror service; or (8) is incapable, by reason of a
physical  or  mental   disability,   of  rendering
satisfactory juror service.  Any person claiming a
disqualification  under subdivision  (8)  of  this
subsection must submit to the Jury Administrator a
letter  from  a  licensed  physician  stating  the
physician's opinion that  such disability prevents
the  person  from   rendering  satisfactory  juror
service. In reaching  such  opinion, the physician
shall  apply the  following  guideline:  A  person
shall be capable  of  rendering satisfactory juror
service  if such  person  is  able  to  perform  a
sedentary job requiring  close  attention  for six
hours per day,  with  short  work  breaks  in  the
morning and afternoon sessions, for at least three
consecutive business days.
    (b) The Jury  Administrator  may determine, in
such  manner  and   at  such  times  as  he  deems
feasible, whether any person is qualified to serve
as juror under this section and whether any person
may be excused for extreme hardship.
    Sec.  19.  Section   45a-124  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Any order of  notice of a hearing OR NOTICE OF
THE RIGHT TO  REQUEST  A HEARING in any proceeding
in, or matter  pending before, a court of probate,
which is required by law to be given to interested
persons, may be  made  by  the judge, the clerk or
the assistant clerk of such court of probate.
    Sec.  20.  Section   45a-151  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) Upon application  by executors, guardians,
conservators,    administrators,   [trustees    in
insolvency]  and  trustees   appointed,  or  whose
appointment has been  approved,  by  the  Court of
Probate, the court  may, after [public] notice and
hearing, authorize such  fiduciaries to compromise
and settle any  doubtful  or  disputed  claims  or
actions, or any appeal from probate in favor of or
against  the estates  or  persons  represented  by
them.
    (b) In order  to accomplish such compromise or
settlement,   the   court    may   authorize   the
conveyance, with or  without  requiring a bond, of
the whole or any part of, or any easement or other
interest in, any  real  property  situated in this
state forming part of the trust estate or owned by
any such trustee,  executor  or  administrator  or
owned by any  deceased  person,  ward or incapable
person  for  whom   such  an  executor,  guardian,
conservator or administrator was appointed.
    Sec.  21.  Section   45a-163  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  Upon  the   written  application  of  any
fiduciary  described  in  section  45a-164,  after
[public notice and  other]  SUCH  notice which the
court may order  and  after  hearing, the Court of
Probate may authorize  a  person  other  than  the
fiduciary to sell  the whole or any part of or any
interest in any personal property of any incapable
person, minor, missing  person, deceased person or
trustee, or any  property  to  which the fiduciary
may hold legal  title  in  such  capacity, if: (1)
Such person has first given a probate bond that he
will faithfully administer  and  account  for  the
proceeds of the sale according to law; and (2) the
court finds that to grant the application would be
in the best  interests of the parties in interest.
If any party  having  an interest in such personal
property is not  in being or is not ascertained or
is under a  disability,  the court shall appoint a
guardian ad litem  to  represent  the  interest of
such  party at  the  hearing,  unless  such  party
already is represented  by  a  guardian  or  by  a
conservator. Such order,  and the sale thereunder,
shall  be conclusive  upon  all  persons  then  or
thereafter existing whose  interests  have been so
represented.
    (b) The person  selling  the personal property
shall pay to  the fiduciary the sum for which such
personal property was sold.
    (c) The Court  of Probate shall direct whether
the sale shall  be  public  or  private,  and,  if
public, the notice  thereof  which shall be given,
and, if private, may authorize the sale at a price
and  upon  terms,   including   such  mortgage  or
mortgages,   as   it   considers   reasonable   or
advisable.
    Sec.  22.  Section   45a-164  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  Upon  the   written  application  of  the
conservator of the  estate of any person, guardian
of   the   estate    of   any   minor,   temporary
administrator, administrator or  trustee appointed
by the court,  including  a  trustee  of a missing
person, or the  executor or trustee under any will
admitted to probate  by  the  court, after [public
notice and other  notice which] SUCH NOTICE AS the
court may order  and  after hearing, the court may
authorize the sale or mortgage of the whole or any
part of, or any easement or other interest in, any
real property in this state of such person, minor,
missing person, deceased  person or trustee, or of
any real property  the  legal  title  to which has
been  acquired by  such  temporary  administrator,
administrator, executor or  trustee,  if the court
finds it would  be  for  the best interests of the
parties in interest to grant the application.
    (b) The court  may  empower  the  conservator,
guardian, temporary administrator,  administrator,
executor or trustee  to  execute  a  conveyance of
such property or  to execute a note and a mortgage
to secure such property upon giving a probate bond
faithfully  to  administer  and  account  for  the
proceeds of the sale or mortgage according to law,
unless the court finds that there is in force, for
such fiduciary, a  probate  bond  in an amount and
with  security  determined   in   accordance  with
section 45a-139 or  unless  the  bond is dispensed
with  in  accordance  with  section  45a-169.  The
application shall set  forth  a description of the
property to be sold or mortgaged.
    (c) After a  hearing,  the court may authorize
that the property  be sold to the fiduciary either
directly  or  under   the  provisions  of  section
45a-167, except that  if a public sale is ordered,
the fiduciary may  be  the  purchaser  only if the
sale is made under section 45a-167. In the case of
any proposed sale to a fiduciary, any notice [sent
to interested parties and any public notice] shall
indicate  that  the   fiduciary  is  the  proposed
purchaser.
    (d) If any  person  having an interest in such
real  property  is   not   in   being  or  is  not
ascertained or is  under  a  disability, the court
shall appoint a guardian ad litem to represent the
interests  of  such   person  at  the  hearing.  A
guardian ad litem  shall  not be necessary if such
person  is represented  by  a  guardian  or  by  a
conservator, unless the sale of the property is to
such guardian or  conservator  or such guardian or
conservator  has  a   potential   conflict  as  an
applicant or otherwise.
    (e) The order  and  the sale or mortgage under
the order shall  be  conclusive  upon  all persons
then or thereafter  existing  whose interests have
been so represented.
    Sec.  23.  Section   45a-176  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    [(a) Except as  provided  in subsection (b) of
this section or]  EXCEPT when any beneficiary is a
trustee of a testamentary or inter vivos trust, if
[the] ANY fiduciary of a decedent's estate is [the
sole beneficiary] ONE  OF THE BENEFICIARIES of the
residue of the estate, [or if multiple fiduciaries
of a decedent's  estate are the only beneficiaries
of  the  residue   of  the  estate,]  and  if  all
dispositions, if any,  to  other beneficiaries are
bequests of specific  personal  property  or of an
amount  certain  or   devises   of  specific  real
property, [the] ANY  fiduciary may, in lieu of any
other accounting required under this chapter, file
with the court  of  probate having jurisdiction of
the estate a  statement under [oath] THE PENALTIES
OF  FALSE  STATEMENT   that   all  debts,  funeral
expenses,  taxes and  expenses  of  administration
have  been  paid,  and  [such]  ALL  bequests  and
devises  [,  if   any,]   have  been  OR  WILL  BE
distributed. [and receipts therefor obtained.] The
statement shall include  the  total  of any amount
reported  on the  return  of  claims  filed  under
section 45a-397, [and]  an  itemized  list  of all
funeral   expenses,   taxes    and   expenses   of
administration, [The receipts of the beneficiaries
of such bequests  and  devises shall be filed with
the court of probate at the time such statement is
filed] AND A  REPRESENTATION THAT ALL DISTRIBUTEES
HAVE  RECEIVED  A   COPY  OF  THE  STATEMENT.  ANY
DISTRIBUTEE   OR  OTHER   INTERESTED   PARTY   NOT
SATISFIED WITH THE  ADEQUACY  OR  CONTENT  OF  THE
STATEMENT MAY REQUEST  THE  FILING  OF  AN ACCOUNT
UNDER SECTION 45a-175  OR  OBJECT TO THE STATEMENT
BY PETITIONING THE COURT FOR A HEARING AT ANY TIME
PRIOR TO THE  COURT'S  APPROVAL  OF THE STATEMENT.
THE COURT MAY,  FOR  CAUSE SHOWN, REFUSE TO ACCEPT
THE STATEMENT AND  REQUIRE  AN ACCOUNTING FROM THE
FIDUCIARY. The court  of  probate may [thereafter]
enter  a  decree  releasing  and  discharging  the
fiduciary and the  sureties  on  his bond, if any,
from  any further  liability.  [Any  fiduciary  so
discharged  shall  be   excused   from  filing  an
accounting  and  any   further  returns  with  the
court.]
    [(b) A court  of probate may, for cause shown,
refuse to accept  the  statement  and  require  an
accounting from the fiduciary.]
    Sec.  24.  Section   45a-179  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  When  [an   executor,  administrator,]  A
conservator, guardian, trustee  in  insolvency  or
trustee of a testamentary trust exhibits his final
account to the Court of Probate for allowance, the
court shall appoint a time and place for a hearing
on the account  and  shall  cause  notice  of  the
hearing to be  given as it directs. Such fiduciary
shall swear or  affirm  under oath to the truth of
the account.
    (b) THE COURT  SHALL, BEFORE APPROVING A FINAL
ACCOUNT OF AN  EXECUTOR  OR  ADMINISTRATOR, HOLD A
HEARING THEREON FOR  WHICH  NOTICE MAY BE GIVEN AS
THE  COURT  SHALL   DIRECT,   UNLESS  ALL  PARTIES
INTERESTED IN THE  ESTATE SIGN AND FILE IN COURT A
WRITTEN WAIVER OF SUCH NOTICE.
    Sec.  25.  Section   45a-187  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) An appeal  under  section 45a-186 by those
of the age  of majority and who are present or who
have legal notice  to be present, OR WHO HAVE BEEN
GIVEN NOTICE OF  THEIR  RIGHT TO REQUEST A HEARING
OR HAVE FILED A WRITTEN WAIVER OF THEIR RIGHT TO A
HEARING, shall be  taken  within  thirty  days. If
such persons have  no notice to be present and are
not present, OR  HAVE  NOT  BEEN  GIVEN  NOTICE OF
THEIR RIGHT TO  REQUEST  A  HEARING,  then  appeal
shall be taken  within  twelve  months, except for
appeals  by  such   persons   from   a  decree  of
termination of parental  rights  or  adoption,  in
which case appeal  shall  be  taken  within ninety
days.
    (b) An appeal  from  any probate order for the
payment of claims  or  dividends on claims against
any insolvent estate  shall  not be allowed unless
it is taken within thirty days after the making of
such order.
    (c) An order,  denial  or decree of a court of
probate  shall  not  be  invalid  because  of  the
disqualification  of  the   judge   unless  appeal
therefrom is taken within thirty days.
    Sec.  26.  Section   45a-343  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    [(a) Within sixty  days  after  the receipt of
such inventory and  appraisal  by  the  court  any
interested party may file in the court a statement
in writing setting forth in detail such objections
as he may  have to the acceptance of the inventory
or appraisal.]
    (a) ANY INTERESTED  PARTY  MAY  FILE  WITH THE
PROBATE  COURT  HAVING   JURISDICTION   A  WRITTEN
OBJECTION TO THE  INVENTORY  OR  APPRAISAL,  WHICH
SHALL SET FORTH  THE  BASIS OF THE OBJECTION. SUCH
OBJECTION MAY BE  FILED  AT  ANY  TIME BETWEEN THE
FILING OF THE  INVENTORY  AND  THE  HEARING ON THE
FIDUCIARY'S FINAL ACCOUNT.
    (b) Upon the  filing  of  the  objections, the
court shall order  a  hearing on the acceptance of
the inventory and appraisal to be had within sixty
days and not  less  than  fifteen  days  after the
filing of the  objections.  The  court shall cause
notice of the  time and place of the hearing to be
forthwith given to the fiduciary of the estate and
to each party in interest.
    (c) The court,  upon  such hearing, shall hear
the objections and  may  order  the  fiduciary  to
amend the inventory  or  appraisal in any way that
it  finds proper,  and  may  accept  the  same  as
amended.
    Sec.  27.  Section   45a-436  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) On the  death  of  a spouse, the surviving
spouse may elect, as provided in subsection (c) of
this section, to  take  a  statutory  share of the
real and personal  property passing under the will
of  the deceased  spouse.  The  "statutory  share"
means a life  estate  of one-third in value of all
the property passing  under  the  will,  real  and
personal,  legally  or   equitably  owned  by  the
deceased spouse at  the  time of his or her death,
after the payment of all debts and charges against
the estate. The  right  to such third shall not be
defeated by any  disposition  of  the  property by
will to other parties.
    (b) If the deceased spouse has by will devised
or bequeathed a  portion of his or her property to
his or her  surviving spouse, such provision shall
be taken to  be  in  lieu  of  the statutory share
unless the contrary  is  expressly  stated  in the
will or clearly  appears therein; but, in any such
case, the surviving  spouse  may elect to take the
statutory share in  lieu  of  the provision of the
will.
    (c) The surviving  spouse,  or the conservator
or guardian of the estate of the surviving spouse,
with  the  approval,  after  [public]  notice  and
hearing, of the  court  of  probate  by which such
conservator or guardian  was appointed, shall, not
later than one hundred fifty days from the date of
the appointment of the first fiduciary, as defined
in section 45a-353,  file a notice, in writing, of
his or her  intention  to take the statutory share
with the court  of probate before which the estate
is in settlement,  and  if  such  notice is not so
filed, the surviving  spouse  shall  be  barred of
such statutory share.
    (d) If the  court  of  probate  has  allowed a
support allowance under  section  45a-320 from the
deceased  spouse's  estate   for  support  of  the
surviving spouse and for the support of his or her
family, the surviving spouse shall not take his or
her statutory share  until  the  expiration of the
time for which the support allowance is made.
    (e) The statutory  share  shall  be set out by
the fiduciary charged  with  the administration of
the estate or,  in  the  discretion of the probate
court on its  own  motion or on application by any
interested person, by  distributors  appointed  by
the court of  probate.  The  statutory  share  may
consist of personal  property or real property, or
both, according to  the  judgment of the fiduciary
or distributors.
    (f) The provisions of this section with regard
to the statutory  share of the surviving spouse in
the property of  the  deceased  spouse  shall  not
apply to any  case  in  which, by written contract
made before or  after  marriage,  either party has
received from the  other  what  was  intended as a
provision in lieu of the statutory share.
    (g) A surviving  husband  or wife shall not be
entitled to a  statutory  share,  as  provided  in
subsection (a) of  this  section,  or an intestate
share, as provided  in  section  45a-437,  in  the
property of the  other  if  such surviving spouse,
without sufficient cause,  abandoned the other and
continued such abandonment  to  the  time  of  the
other's death.
    (h) The provisions of this section shall apply
to estates of  all  persons dying on or after July
1, 1985.
    Sec. 28. Public  act 97-73 is repealed and the
following is substituted in lieu thereof:
    (a) Any conservator  of the estate of a person
who  is  [a  recipient  of  the  state  supplement
program  to  the   Supplemental   Security  Income
Program and] a  resident  of  a licensed [home for
the aged] RESIDENTIAL  CARE  HOME,  as  defined in
section  19a-490  of   the  general  statutes,  AS
AMENDED BY SECTION  2  OF PUBLIC ACT 97-112, where
such conservator is  payee  [of  state  supplement
benefits] on behalf  of  such  person,  shall, not
later than ten  business days after receipt of any
[such benefit] INCOME  USED  FOR  ROOM  AND BOARD,
forward payment to  the  operator of the [home for
the aged] RESIDENTIAL  CARE  HOME  for the cost of
room and board of such person.
    (b)  If  any   such  conservator  neglects  to
forward payment to the operator of the home within
ten business days as required under subsection (a)
of this section  for  two  consecutive months, the
operator of the  home  may  petition  the court of
probate having jurisdiction  for  removal  of  the
conservator. The court  may,  after  notice  and a
hearing, remove such conservator.
    Sec. 29. Section  58  of  public act 98-137 is
repealed and the  following is substituted in lieu
thereof:
    (a) Except as  provided in section 59 of [this
act] PUBLIC ACT 98-137, no assignment of a lottery
prize,  in  whole   or   in   part,  INCLUDING  AN
ASSIGNMENT  OF A  LOTTERY  PRIZE  TO  BE  USED  AS
COLLATERAL TO SECURE  A LOAN PURSUANT TO TITLE 42a
OF THE GENERAL  STATUTES, shall be valid unless it
is executed pursuant to and approved in accordance
with  this  section.  Any  such  assignment  shall
entitle the assignee  to  receive,  to  the extent
assigned, the lottery  prize to which the assignor
would be entitled.  Such  assignment  shall  be in
writing  and  executed   by   the  assignor.  Such
assignment shall be  accompanied  by an affidavit,
signed and sworn  to  by  the  assignor  before  a
proper authority, stating that the assignor (1) is
of sound mind and not acting under duress, (2) has
been advised by  independent legal counsel and has
received  independent  financial  and  tax  advice
concerning the assignment, (3) understands that he
will  not  receive   lottery   prize  payments  or
portions thereof for the time period assigned, (4)
has received a disclosure statement as provided in
subsection (b) of  this  section, [and] (5) at the
time  of the  execution  of  the  assignment,  was
informed  in writing  by  the  assignee  that  the
assignor had the right to cancel the assignment no
later than three  business days following the date
on which the  assignment was signed, (6) WILL HAVE
NO OUTSTANDING OR  UNSATISFIED  JUDGMENTS  AGAINST
HIM WHEN THE  ASSIGNMENT TRANSACTION IS CLOSED AND
IS NOT SUBJECT  TO  ANY  COURT  ORDER  OR JUDGMENT
REGARDING  DELINQUENT  CHILD  SUPPORT  OR  ALIMONY
OBLIGATIONS,  AND  (7)  RELEASES  THE  CONNECTICUT
LOTTERY CORPORATION AND  ITS  DIRECTORS,  OFFICERS
AND EMPLOYEES FROM  ANY  FURTHER  LIABILITY TO THE
ASSIGNOR  UPON  PAYMENT   OF   ANY  LOTTERY  PRIZE
PURSUANT TO AN  ASSIGNMENT MADE IN ACCORDANCE WITH
THIS SECTION.
    (b) The assignee shall provide to the assignor
a  one-page written  disclosure  statement  in  at
least ten-point bold  type  setting  forth (1) the
payments being assigned,  by  amount  and  payment
dates, (2) the  purchase  price being paid for the
assignment of such  lottery prize, (3) the rate of
discount   to  present   value,   assuming   daily
compounding and funding on the date of assignment,
and (4) the  amount,  if  any,  of  origination or
closing fees that will be charged to the assignor.
WITH REGARD TO  THE  ASSIGNMENT OF A LOTTERY PRIZE
TO BE USED  AS  COLLATERAL  TO  SECURE A LOAN, THE
ONE-PAGE WRITTEN DISCLOSURE  STATEMENT REQUIRED BY
THIS SUBSECTION SHALL  ALSO INCLUDE (A) THE AMOUNT
OF THE LOAN,  (B) THE INTEREST RATE TO BE CHARGED,
(C) THE INTEREST  RATE  TO  BE  CHARGED IN CASE OF
DEFAULT, AND (D)  ANY PENALTIES TO BE CHARGED UPON
EARLY REPAYMENT OF THE LOAN.
    (c)  Upon  payment   of   an   entry   fee  of
seventy-five dollars, the  assignee  shall  submit
the  assignment to  the  Superior  Court  for  the
judicial district in which the assignor resides or
where  the  Connecticut   Lottery  Corporation  is
located for review  and approval by the court. If,
upon review of  the  assignment  and  accompanying
affidavit,   the   court   determines   that   the
requirements of subsection  (a)  of  this  section
have  been  met,   the  court  shall  approve  the
assignment.
    Sec. 30. Section  59  of  public act 98-137 is
repealed and the  following is substituted in lieu
thereof:
    No person may  assign  a  lottery prize if (1)
such  person  is  liable  for  support  under  the
provisions  of  section  52-362d  of  the  general
statutes, as amended,  (2)  such  person is liable
for any debt owed to the state under section 4a-12
of the general  statutes, (3) such person who does
not assign any  prize payments would be subject to
an immediate income tax liability for the value of
the entire prize  rather  than  annual  income tax
liability  for  each   instalment  when  paid,  as
determined by a  technical  rule  letter,  revenue
ruling or other  public  ruling  of  the  Internal
Revenue  Service  OR  THE  DEPARTMENT  OF  REVENUE
SERVICES, (4) a  court  of  competent jurisdiction
issues a published  decision  that such person who
does  not  assign  any  prize  payments  would  be
subject to an  immediate  income tax liability for
the value of  the  entire prize rather than annual
income  tax liability  for  each  instalment  when
paid, [or] (5) the Connecticut Lottery Corporation
receives such letter  or  ruling from the Internal
Revenue  Service  OR  THE  DEPARTMENT  OF  REVENUE
SERVICES or a  published  decision  of  a court of
competent jurisdiction and  the  corporation files
such letter, ruling or decision with the Secretary
of  the  State   OR  (6)  THE  ASSIGNOR'S  LOTTERY
PAYMENTS  ARE  SUBJECT   TO  ANY  LIEN,  JUDGMENT,
OFFSET, LEVY, ATTACHMENT,  EXECUTION,  GARNISHMENT
OR COURT ORDERED PAYMENT.
    Sec. 31. Section  60  of  public act 98-137 is
repealed and the  following is substituted in lieu
thereof:
    (a) The Connecticut  Lottery  Corporation  may
establish a reasonable  fee for any administrative
expenses associated with assignments made pursuant
to section 58  of  [this  act]  PUBLIC ACT 98-137,
including  the cost  to  the  Connecticut  Lottery
Corporation of any  processing  fee  that  may  be
imposed by a  private annuity provider. The amount
of the fee  shall  reflect the direct and indirect
costs  of  processing   the  assignments  by  said
corporation.
    (b) The Connecticut  Lottery  Corporation  AND
ITS DIRECTORS, OFFICERS  AND  EMPLOYEES  shall  be
discharged  of  all   further   liability  to  the
assignor  upon  payment   of   any  lottery  prize
pursuant to an  assignment made in accordance with
section 58 of [this act] PUBLIC ACT 98-137.
    Sec. 32. (NEW)  (a) Not later than twenty days
after receipt of a certified copy of a court order
required under subsection  (c)  of  section  58 of
public act 98-137,  as  amended  by  this act, the
Connecticut   Lottery  Corporation   shall   issue
written  confirmation  to  the  assignor  and  the
assignee recognizing the assignment.
    (b)  Any  assignee  of  a  lottery  prize,  by
acceptance of the lottery prize in accordance with
sections  55  to  60,  inclusive,  of  public  act
98-137, as amended by this act, agrees to be bound
by the general  statutes, regulations and all duly
enacted   rules   of   the   Connecticut   Lottery
Corporation. All further  assignments  of  lottery
prizes shall be  subject  to the same restrictions
and requirements as the initial assignment.
    Sec. 33. Section  62  of  public act 98-137 is
repealed and the  following is substituted in lieu
thereof:
    This  act shall  take  effect  July  1,  1998,
except  that  [sections   55  to  61,  inclusive,]
SECTION 61 shall  take effect October 1, 1998, and
be applicable to any action or arbitration brought
on or after  said  date  with  respect  to  a land
survey performed or  furnished  on  or  after said
date.
    Sec. 34. This  act  shall  take effect July 1,
1998, except that  sections  2  to  28, inclusive,
shall take effect  October  1, 1998, and section 1
shall take effect January 1, 1999.

Approved June 8, 1998