Connecticut Seal

General Assembly

Amendment

 

January Session, 2009

LCO No. 8448

   
 

*HB0638508448SRO*

Offered by:

 

SEN. FASANO, 34th Dist.

 

To: Subst. House Bill No. 6385

File No. 729

Cal. No. 672

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Section 45a-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(a) The Probate Court Administration Fund is established, to consist of the amounts hereinafter provided, to be paid over as herein provided to the State Treasurer.

(b) The State Treasurer shall be the custodian of the fund, with power to administer it, and to invest and reinvest as much of said fund as is not required for current disbursements in accordance with the provisions of the general statutes regarding the investment of savings banks.

(c) All payments from said fund authorized by sections 5-259, 17a-77, 17a-274, 17a-498, 17a-510, 19a-131b, 19a-131e, 19a-221, 45a-1 to 45a-12, inclusive, 45a-18 to 45a-26, inclusive, 45a-34 to 45a-56, inclusive, 45a-62 to 45a-68, inclusive, 45a-74 to 45a-83, inclusive, 45a-90 to 45a-94, inclusive, 45a-98, 45a-99, 45a-105, 45a-119 to 45a-123, inclusive, 45a-128, 45a-130, 45a-131, 45a-133, 45a-152, 45a-175 to 45a-180, inclusive, 45a-199 and 45a-202, shall be made upon vouchers approved by the Probate Court Administrator.

(d) Monthly there shall be transferred from the fund established by this section to the retirement fund established by section 45a-35 not less than sufficient moneys, taking into account receipts by said retirement fund under the provisions of sections 45a-44 and 45a-45, to enable said retirement fund to meet its obligations as estimated by the Retirement Commission, until the Retirement Commission certifies that the retirement fund is on a sound actuarial basis.

(e) On or before July first annually, the Retirement Commission shall certify to the State Treasurer, on the basis of an actuarial determination, the amount to be transferred to the retirement fund to maintain the actuarial funding program adopted by the Retirement Commission.

(f) In addition to the aforesaid payments, there shall be transferred from time to time from the fund established by this section to the retirement fund established by section 45a-35 such amounts as are determined by the Probate Court Administrator not to be required for other purposes of sections 45a-20 and 45a-76 to 45a-83, inclusive, until the Retirement Commission certifies that the retirement fund is on a sound actuarial basis. Thereafter there shall be transferred from time to time from the fund established by this section to the General Fund such amounts as are determined by the Probate Court Administrator not to be required for the purposes of said sections.

(g) If at any time thereafter the Retirement Commission certifies that the retirement fund established by section 45a-35 is no longer on a sound actuarial basis, transfers from this fund to the retirement fund shall be resumed until the Retirement Commission again certifies that said retirement fund is on a sound actuarial basis, at which time transfers from this fund to the General Fund shall be resumed.

(h) All payments of assessments imposed by section 45a-92 with respect to income received by any judge of probate on or after January 1, 1968, shall be paid in accordance with the schedule set forth in section 45a-92.

(i) The State Treasurer shall, on or before October first, annually, give an accounting of the Probate Court Administration Fund, showing the receipts and disbursements and the balance or condition thereof, as of the preceding June thirtieth, to the Connecticut Probate Assembly and to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.

(j) (1) In the event that any court of probate otherwise receives income which is insufficient to meet, on an ongoing basis, the reasonable and necessary financial needs of that court, including the salaries of the judge and the judge's staff, [there shall be transferred from time to time from the Probate Court Administration Fund such amounts as are determined by the Probate Court Administrator to be reasonable and necessary for the proper administration of each such court. ] the judge, or the judge's designee, may apply to the Chief Court Administrator, on such form as the Chief Court Administrator prescribes, for assistance for the court to meet its reasonable and necessary financial needs. Not later than ten days after receiving an application under this subsection, the Chief Court Administrator shall review the application and determine whether the court has income which is insufficient to meet the reasonable and necessary financial needs of that court for at least two consecutive fiscal quarters.

(2) If the Chief Court Administrator determines that the court has insufficient income to meet the reasonable and necessary financial needs of the court, the Chief Court Administrator shall submit a report to the clerks of the House of Representatives and the Senate that includes a summary of the Chief Court Administrator's determination and a request for authority to assume financial responsibility for the court. The General Assembly may reject such request by a majority vote of each house. Such request shall be deemed approved if the General Assembly fails to vote to approve or reject such request within thirty days of the date of submittal pursuant to this subsection. Except as provided in subsection (k) of section 45a-92, during any period the Chief Court Administrator assumes financial responsibility for a probate court, the judge's annual salary shall not exceed the average annual salary of such judge for the three-year period next preceding the request for financial assistance or the product resulting from the multiplication of fifteen dollars by the annual weighted-workload of the court, as defined in subsection (c) of section 45a-92, whichever is greater, but not to exceed the annual compensation provided in subsection (k) of section 45a-92. If, at any time after the Chief Court Administrator assumes financial responsibility for a court pursuant to this subdivision, the Chief Court Administrator determines that such court has sufficient income to meet the reasonable and necessary financial needs of that court for at least two consecutive fiscal quarters, the Chief Court Administrator may submit a report to said clerks that includes a summary of that determination and a request for authority to transfer financial responsibility back to the court. The General Assembly may reject such request by a majority vote of each house. Such request shall be deemed approved if the General Assembly fails to vote to approve or reject such request within thirty days of the date of submittal pursuant to this subsection. The General Assembly may, on its own motion, transfer financial authority back to any court, by resolution, by majority vote of each house.

(k) Each judge of probate requesting financial assistance at any time during any calendar year shall file with the [Probate Court] Chief Court Administrator a sworn statement showing the actual gross receipts and itemized expenses of the judge's court and the amount requested, together with an explanation therefor. The [Probate Court] Chief Court Administrator may approve and issue an invoice to the State Comptroller [pursuant to subsection (c) of this section,] authorizing payment to the court of probate in such amounts as shall have been approved by the [Probate Court] Chief Court Administrator.

(l) The [Probate Court Administrator may issue regulations pursuant to subdivision (1) of subsection (b) of section 45a-77] judges of the Superior Court may adopt rules in order to carry out the intent of subsections (j) and (k) of this section. "

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

Section 1

October 1, 2009

45a-82