AN ACT CONCERNING COMPENSATION OF JURORS.

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

Section 1. Section 51-247 of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) (1) Each full-time employed juror shall be paid regular wages by the juror's employer [for the first five days, or part thereof, of jury service. Such payment] as follows:

(A) If the juror's employer has twenty full-time employees or less, the employer shall pay regular wages to the full-time employed juror for the first five days, or part thereof, of jury service;

(B) If the juror's employer has at least twenty-one and not more than fifty full-time employees, the employer shall pay regular wages to the full-time employed juror for the first ten days, or part thereof, of jury service;

(C) If the juror's employer has at least fifty-one and not more than seventy-five full-time employees, the employer shall pay regular wages to the full-time employed juror for the first fifteen days, or part thereof, of jury service;

(D) If the juror's employer has at least seventy-six and not more than one hundred full-time employees, the employer shall pay regular wages to the full-time employed juror for the first twenty days, or part thereof, of jury service; or

(E) If the juror's employer has more than one hundred full-time employees, the employer shall pay regular wages to the full-time employed juror for each day, or part thereof, of jury service.

(2) Payment required under this subsection shall be subject to the requirements of section 31-71b and any employer who violates this section shall be subject to the provisions of sections 31-71g and 31-72. A person shall not be considered a full-time employed juror on any day of jury service in which such person [(1)] (A) would not have accrued regular wages to be paid by the employer if such person were not serving as a juror on that day, or [(2)] (B) would not have worked more than one-half of a shift which extends into another day if such person were not serving as a juror on that day. Each juror not considered a full-time employed juror on a particular day of jury service pursuant to [subdivision (1) or (2)] subparagraph (A) or (B) of this [subsection] subdivision shall be reimbursed by the state for necessary out-of-pocket expenses incurred during that day of jury service, provided such day of service is within the first five days, or part thereof, of jury service. Each part-time employed juror and unemployed juror shall be reimbursed by the state for necessary out-of-pocket expenses incurred during the first five days, or part thereof, of jury service. Necessary out-of-pocket expenses shall include, but not be limited to, twenty cents for each mile of travel from the juror's place of residence to the place of holding the court and return, and shall exclude food. The mileage shall be determined by the shortest direct route either by highway or by any regular line of conveyance between the points. A reimbursement award under this subsection for each day of service shall not be less than twenty dollars or more than fifty dollars. For the purposes of this subsection, "full-time employed juror" means an employee holding a position normally requiring thirty hours or more of service in each week, which position is neither temporary nor casual, and includes an employee holding a position through a temporary help service, as defined in section 31-129, which position normally requires thirty hours or more of service in each week, who has been working in that position for a period exceeding ninety days, and "part-time employed juror" means an employee holding a position normally requiring less than thirty hours of service in each week or an employee working on a temporary or casual basis. In the event that a juror may be considered to be both a full-time employed juror and a part-time employed juror for any day of the first five days, or part thereof, of jury service, such juror shall, for the purposes of this section, be considered to be a full-time employed juror only.

(b) The Jury Administrator shall establish guidelines for reimbursement of expenses pursuant to this section.

(c) Each juror who serves more than [five] the applicable number of days set forth in subdivision (1) of subsection (a) of this section shall be paid by the state for [the sixth day and] each day thereafter at a rate of fifty dollars per day of service. A juror receiving payment under this subsection shall not be entitled to any additional reimbursement.

Sec. 2. Section 51-247c of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) Upon written application on a form prescribed by the Office of the Chief Court Administrator, the court may excuse (1) an employer from the duty to compensate a juror-employee, or (2) a self-employed juror from the duty to compensate himself or herself. In such instances, the court shall make a finding that extreme financial hardship would be imposed if such duty were not removed. If an employer or self-employed juror is so excused from making payment, the court shall award to the juror the amount the court finds to be the juror's regular wages, to be paid by the state, for the [first five] actual number of days, or part thereof, of juror service, not to exceed the applicable number of days set forth in subdivision (1) of subsection (a) of section 51-247 of the 2008 supplement to the general statutes, as amended by this act, but in no event shall such award exceed fifty dollars per day.

(b) The Jury Administrator shall mail or the clerk of the court shall give the waiver applications as provided for in subsection (a) of this section and juror service certificates to jurors who have performed juror service. The Office of the Chief Court Administrator may combine into one form the waiver application and the juror service certificate. The juror service certificate shall contain: (1) The name and address of the juror; (2) the court location in which the juror service was performed; (3) the number of days of juror service performed by the juror and the specific dates thereof; (4) the total compensation received by the juror for the period of juror service involved; (5) a declaration of the duty of an employer to compensate a juror-employee for the first five days or part thereof of juror service; (6) the right of an employer to be excused from such duty by the court upon a finding of extreme financial hardship; and (7) any other information which the Jury Administrator deems appropriate. Each juror service certificate shall be completed in duplicate, one copy of which shall be for the juror and one copy of which shall be for the employer of the juror. A juror who seeks compensation from the juror's employer for juror service shall tender the employer's copy of the juror service certificate and the waiver application to the juror's employer as soon as practicable after its receipt.

(c) An employer may file a waiver application not later than fifteen days after its receipt by the employer. The waiver application shall be submitted to the court location where the juror served. If an application is denied, the party making the application may apply for a hearing no later than twenty days from the date of the finding by the court.

Sec. 3. Subsection (c) of section 51-247a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(c) Any employer who fails to compensate a juror-employee under [subsection (b) of] section 51-247 of the 2008 supplement to the general statutes, as amended by this act, and who has not been excused from such duty under section 51-247c of the 2008 supplement to the general statutes, as amended by this act, shall be liable to the juror-employee for damages. The juror may commence a civil action in any superior court having jurisdiction over the parties. Extreme financial hardship on the employer shall not be a defense to [this] such action. The court may award treble damages and reasonable attorney's fees to the juror upon a finding of wilful conduct by the employer.

Statement of Purpose:

To establish a graduated scale for employers to reimburse jurors during jury service.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]