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97-90, is repealed and the following is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