General Assembly |
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January Session, 2009 |
*_____HB06027APP___050609____* |
AN ACT CONCERNING PROBATE COURT REFORMS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 45a-36a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[Any] (a) A judge of probate in office on or after October 1, 1997, but prior to the effective date of this section, whose probate district is merged with another probate district prior to the effective date of this section and who [has not been] is not thereafter elected [to a term which begins at the time of, or subsequent to, such consolidation,] as a judge of probate (1) may elect to receive four years of credited service, as defined in subdivision (2) of section 45a-34, (2) may elect to receive a reduction of his or her retirement age of not more than four years pursuant to subsection (a) of section 45a-36, or (3) may elect any combination of subdivisions (1) and (2) of this section, provided such combination shall not exceed four years in total. A judge of probate may elect to receive retirement benefits under this subsection at any time once the judge becomes eligible to retire and receive retirement benefits. A judge of probate entitled to receive benefits under this subsection is not required to elect to retire at the time of a merger or elimination affecting the judge's probate district. A judge of probate subject to this subsection shall not be disqualified from receiving benefits under this subsection due to the judge's employment, subsequent to such district merger or elimination, in a probate court in a capacity other than as a judge of probate.
(b) (1) A judge of probate in office on or after the effective date of this section, but prior to January 5, 2011, whose probate district is merged with another probate district on or after the effective date of this section but prior to January 5, 2011, or whose probate district is eliminated on or after the effective date of this section but prior to January 5, 2011, and who is not thereafter elected as a judge of probate (A) may elect to receive six years of credited service, as defined in subdivision (2) of section 45a-34, (B) may elect to receive a reduction of his or her retirement age of not more than six years pursuant to subsection (a) of section 45a-36, or (C) may elect any combination of subparagraphs (A) and (B) of this subdivision, provided such combination shall not exceed six years in total. A judge of probate may elect to receive retirement benefits under this subdivision at any time once the judge becomes eligible to retire and receive retirement benefits. A judge of probate entitled to receive benefits under this subdivision is not required to elect to retire at the time of a merger or elimination affecting the judge's probate district. A judge of probate subject to this subdivision shall not be disqualified from receiving benefits under this subdivision due to the judge's employment, subsequent to such district merger or elimination, in a probate court in a capacity other than as a judge of probate.
(2) An employee of a probate court employed on or after the effective date of this section, which probate court is merged with another probate district prior to January 5, 2011, or an employee of a probate court employed on or after the effective date of this act in a probate district that is eliminated prior to January 5, 2011, and is not thereafter employed by another probate court (A) may elect to receive six years of credited service, as defined in subdivision (2) of section 45a-34, (B) may elect to receive a reduction of the employee's retirement age of not more than six years pursuant to subsection (a) of section 45a-36, or (C) may elect any combination under subparagraphs (A) and (B) of this subdivision, provided such combination shall not exceed six years in total.
(c) (1) A judge of probate in office on or after January 5, 2011, whose probate district is merged with another probate district on or after January 5, 2011, or whose probate district is eliminated on or after January 5, 2011, and who is not thereafter elected as a judge of probate (A) may elect to receive four years of credited service, as defined in subdivision (2) of section 45a-34, (B) may elect to receive a reduction of his or her retirement age of not more than four years pursuant to subsection (a) of section 45a-36, or (C) may elect any combination of subparagraphs (A) and (B) of this subdivision, provided such combination shall not exceed four years in total. A judge of probate may elect to receive retirement benefits under this subdivision at any time once the judge becomes eligible to retire and receive retirement benefits. A judge of probate entitled to receive benefits under this subdivision is not required to elect to retire at the time of a merger or elimination affecting the judge's probate district. A judge of probate subject to this subdivision shall not be disqualified from receiving benefits under this subdivision due to the judge's employment, subsequent to such district merger or elimination, in a probate court in a capacity other than as a judge of probate.
(2) An employee of a probate court employed on or after January 5, 2011, which probate court is merged with another probate district on or after January 5, 2011, or who is employed on or after January 5, 2011, in a probate district that is eliminated on or after January 5, 2011, and is not thereafter employed by another probate court (A) may elect to receive four years of credited service, as defined in subdivision (2) of section 45a-34, (B) may elect to receive a reduction of the employee's retirement age of not more than four years pursuant to subsection (a) of section 45a-36, or (C) may elect any combination under subparagraphs (A) and (B) of this subdivision, provided such combination shall not exceed four years in total.
Sec. 2. Subsection (b) of section 45a-77 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) (1) The Probate Court Administrator may issue and shall enforce regulations, provided such regulations are approved in accordance with subsection (c) of this section. Such regulations shall be binding on all courts of probate and shall concern the following matters for the administration of the probate court system: (A) Auditing, accounting, statistical, billing, recording, filing and other court procedures; (B) reassignment and transfer of cases; (C) training of court personnel and continuing education programs for judges of probate and court personnel; (D) remitting funds received by the courts of probate under section 8 of this act to the Probate Court Administration Fund; (E) administering the compensation plan established under section 9 of this act for employees of the courts of probate; (F) establishing staffing levels for the courts of probate; (G) developing and approving miscellaneous office budgets for the courts of probate; (H) expending funds from the Probate Court Administration Fund for the purposes set forth in the regulations adopted pursuant to subparagraphs (D) to (G), inclusive, of this subdivision; and [(D)] (I) the enforcement of the provisions of this chapter and the regulations issued pursuant to this section, including, but not limited to, recovery of expenses associated with any such enforcement, as permitted by such regulations.
(2) The Probate Court Administrator may adopt regulations, in accordance with chapter 54, provided such regulations are approved in accordance with subsection (c) of this section. Such regulations shall be binding on all courts of probate and shall concern: (A) The availability of judges; (B) court facilities, personnel and records; (C) hours of court operation; and (D) telephone service.
Sec. 3. Section 45a-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):
(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, as amended by this act, 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, as amended by this act, 45a-62 to 45a-68, inclusive, 45a-74 to 45a-83, inclusive, as amended by this act, 45a-90 to [45a-94] 45a-93, inclusive, as amended by this act, 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, section 9 of this act and section 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 authorized in subsections (a) to (e), inclusive, of this section, 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, as amended by this act, 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] the fund established by this section 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] the fund established by this section to the General Fund shall be resumed.
(h) All payments of assessments imposed by section 45a-92, as amended by this act, 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, as amended by this act.
(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) [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] 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 of probate. [Except as provided in subsection (k) of section 45a-92, 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.
(k) Each judge of probate requesting financial assistance at any time during any calendar year shall file with the Probate 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 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 Administrator.
(l) The Probate Court Administrator may issue regulations pursuant to subdivision (1) of subsection (b) of section 45a-77 in order to carry out the intent of subsections (j) and (k) of this section.]
Sec. 4. Section 45a-92 of the general statutes is amended by adding subsection (l) as follows (Effective January 5, 2011):
(NEW) (l) This section applies only to income received by the courts of probate prior to January 5, 2011.
Sec. 5. Section 45a-93 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) If a judge of probate leaves office or dies while in office, the successor to such judge in said office [,] shall pay to such judge or the personal representative of a deceased judge [,] a sum representing the accounts receivable for payments due the court in accordance with section 45a-105, as of the date of separation from said office or the date of death in the case of a judge who dies while holding such office. Determination of the basis for such accounts receivable including computation for work in process shall be made in accordance with regulations issued by the Probate Court Administrator. Any payments made to such judge or the personal representative of a deceased judge shall be subject to the provisions of section 45a-92, as amended by this act, and no such payments shall be made unless and until the accounts receivable are collected by the successor judge and no such payments shall be made except within the time for filing a statement signed under penalty of false statement showing the actual gross receipts of the itemized costs of the office in accordance with said section 45a-92, as amended by this act. There may be deducted from any such amounts by a successor judge the cost of collection thereof, and any expenses directly attributable to the outgoing judge's or deceased judge's term of office paid by the successor judge. In no event shall any such payments exceed the maximums allowable under the provisions of said section 45a-92, as amended by this act, in any one calendar year, and in the aggregate in no event shall the total payments payable under this section exceed one hundred per cent of the average final compensation for such judge as defined in subdivision (1) of section 45a-34, except that such allowable maximum payment shall not include any amounts of money due and payable to the judge at the time of separation from the court or at the time of such judge's death for amounts advanced by such judge to the court for operating expenses and not previously repaid, which amounts may be paid to such judge or personal representative upon receipt of satisfactory proof of the existence of balances due.
(b) (1) Except as provided in subdivision (2) of this subsection, the provisions of subsection (a) of this section shall apply to any judge in office on or before January 4, 2011.
(2) The provisions of subsection (a) of this section shall not apply to a judge who is first elected on or after January 5, 2011, or who resumes office after a break in service on or after January 5, 2011.
(c) On and after January 5, 2011, any payments due a judge under subsection (a) of this section shall be paid from the Probate Court Administration Fund.
Sec. 6. Section 45a-106 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 5, 2011):
The basic costs payable to courts of probate for any proceeding other than in connection with the settlement of the estate of a deceased person or periodic accounts of trustees, guardians, conservators or other fiduciaries shall be as follows:
(1) Except for such proceedings for which basic costs are specified in subdivision (7) or (8) of this section or are otherwise specified or exempted in section 45a-111 or elsewhere in the general statutes, there shall be payable to the Court of Probate with respect to each application, petition or motion filed with the court to commence a matter before it, an entry fee of one hundred fifty dollars which shall be paid by the person making the application, petition or motion.
(2) On each matter commenced by the court on its own motion, an entry fee of one hundred fifty dollars shall be payable by an interested party as determined by the court.
(3) If more than one hearing is held in any matter so entered, an additional charge of twenty-five dollars shall be payable to the court by the party paying the entry fee in the matter, or, in the discretion of the court, by any interested party against whom the court shall assess such additional charge.
(4) If the total time of any one hearing in the matter exceeds one hour, an additional charge of twenty-five dollars per hour for each hour in excess of the first hour shall be payable to the court by the party paying the entry fee in the matter, or, in the discretion of the court, by any interested party against whom the court shall assess the additional charge, provided the additional charge in any matter, other than an appeal heard by a special assignment probate judge under section 45a-186, as amended by this act, shall not exceed three hundred dollars.
(5) For purposes of establishing charges payable to courts of probate hereunder, all applications, petitions and motions filed and proceedings thereunder, in connection with a matter which has been entered as above, which are necessary to enter a final decree in and are incidental to the action of the court being sought in the matter so entered shall be covered by the entry fee and by any additional charge under subdivisions (3) and (4) of this section that may have become payable in such matter. No additional charges under this section shall be made for any such incidental applications, petitions or motions, provided once a final decree is entered in any matter and, thereafter, additional action or actions are sought in the court in connection therewith, such additional action or actions shall be treated as a new matter hereunder.
(6) For the purpose of sections 45a-106 to 45a-112, inclusive, as amended by this act, there shall be a charge of fifty dollars for an appeal which shall be payable to the court by the appellant.
(7) For proceedings brought under section 46b-30, the cost shall be twenty-five dollars.
(8) For filing a will in the Probate Court, the cost shall be five dollars. For filing any other document in the probate court under the provisions of any statute if the court is not required to take any action, the cost shall be twenty-five dollars, in addition to any applicable recording charge. The cost shall be payable by the person filing such document.
(9) A charge of fifty dollars plus the actual costs of rescheduling the adjourned hearing shall be payable to the court by any party who requests an adjournment of a scheduled hearing or whose failure to appear necessitates an adjournment, provided the court, for cause shown, may waive either the charge or the costs, or both.
(10) In an appeal heard by a special assignment probate judge under section 45a-186, as amended by this act, a fee of two hundred fifty dollars shall be payable to the court of probate from which the appeal is taken at the time of filing the appeal in the matter.
Sec. 7. Subsection (g) of section 5-259 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 5, 2011):
(g) Notwithstanding the provisions of subsection (a) of this section, the Probate Court Administration Fund established in accordance with section 45a-82, as amended by this act, shall pay for each probate judge [and Probate Court employee] in a court of probate that is open to the public for the conduct of court business in accordance with section 45a-79c, and each probate court employee not more than one hundred per cent of the portion of the premium charged for [his or her] the judge's or employee's individual coverage and not more than fifty per cent of any additional cost for [his or her] the judge's or employee's form of coverage. The remainder of the premium for such coverage shall be paid by the probate judge or [Probate Court] probate court employee to the State Treasurer. Payment shall be credited by the State Treasurer to the fund established by section 45a-82, as amended by this act. The total premiums payable shall be remitted by the Probate Court Administrator directly to the insurance company or companies or nonprofit organization or organizations providing the coverage. The Probate Court Administrator shall issue regulations governing group hospitalization and medical and surgical insurance pursuant to subdivision (1) of subsection (b) of section 45a-77, as amended by this act.
Sec. 8. (NEW) (Effective January 1, 2011) Each court of probate shall remit all fees, costs and other income received, including, but not limited to, moneys received under sections 45a-105 to 45a-112, inclusive, of the general statutes, as amended by this act, to the State Treasurer to be credited to the Probate Court Administration Fund under section 45a-82 of the general statutes, as amended by this act.
Sec. 9. (NEW) (Effective from passage) (a) The Probate Court Administrator shall establish a Probate Budget Committee consisting of the Probate Court Administrator and two judges of probate appointed by the Probate Assembly. The Probate Court Administrator shall serve as chairperson of the committee.
(b) The committee shall establish (1) a compensation plan, which plan shall include employee benefits, for employees of the courts of probate, (2) staffing levels for each court of probate, and (3) a miscellaneous office budget for each court of probate. Such plan, staffing level and budget shall be binding on each court of probate and shall be administered by the Probate Court Administrator.
Sec. 10. (NEW) (Effective January 5, 2011) As used in this section and section 11 of this act:
(1) "Band 1 probate district" means a probate district that has a population of four thousand nine hundred ninety-nine or fewer persons.
(2) "Band 2 probate district" means a probate district that has a population of at least five thousand but less than ten thousand, except that a probate district with less than five thousand persons with an annual weighted-workload of at least five hundred, but less than nine hundred, shall be a band 2 probate district.
(3) "Band 3 probate district" means a probate district that has a population of at least ten thousand but less than fifteen thousand, except that a probate district with less than ten thousand persons with an annual weighted-workload of at least nine hundred, but less than one thousand three hundred shall be a band 3 probate district.
(4) "Band 4 probate district" means a probate district that has a population of at least fifteen thousand but less than twenty thousand, except that a probate district with less than fifteen thousand persons with an annual weighted-workload of at least one thousand three hundred, but less than one thousand seven hundred, shall be a band 4 probate district.
(5) "Band 5 probate district" means a probate district that has a population of at least twenty thousand but less than twenty-five thousand, except that a probate district with less than twenty thousand persons with an annual weighted-workload of at least one thousand seven hundred, but less than two thousand one hundred, shall be a band 5 probate district.
(6) "Band 6 probate district" means a probate district that has a population of at least twenty-five thousand but less than thirty thousand, except that a probate district with less than twenty-five thousand persons with an annual weighted-workload of at least two thousand one hundred, but less than two thousand five hundred, shall be a band 6 probate district.
(7) "Band 7 probate district" means a probate district that has a population of at least thirty thousand but less than forty thousand, except that a probate district with less than thirty thousand persons with an annual weighted-workload of at least two thousand five hundred, but less than three thousand three hundred, shall be a band 7 probate district.
(8) "Band 8 probate district" means a probate district that has a population of at least forty thousand but less than fifty thousand, except that a probate district with less than forty thousand persons with an annual weighted-workload of at least three thousand three hundred, but less than four thousand one hundred, shall be a band 8 probate district.
(9) "Band 9 probate district" means a probate district that has a population of at least fifty thousand but less than sixty thousand, except that a probate district with less than fifty thousand persons with an annual weighted-workload of at least four thousand one hundred, but less than four thousand nine hundred, shall be a band 9 probate district.
(10) "Band 10 probate district" means a probate district that has a population of sixty thousand or more, except that a probate district with less than sixty thousand persons with an annual weighted-workload of at least four thousand nine hundred shall be a band 10 probate district.
(11) "Population" means the population reported in the State Register and Manual for the immediately preceding calendar year.
(12) "Annual weighted-workload" means the annual weighted-workload for the immediately preceding fiscal year as defined by regulations adopted by the Probate Court Administrator pursuant to subdivision (3) of subsection (b) of section 45a-77 of the general statutes, as amended by this act.
Sec. 11. (NEW) (Effective January 5, 2011) (a) Notwithstanding any provision of title 45a of the general statutes concerning compensation, and subject to the provisions of subsections (b) to (e), inclusive, of this section, compensation for judges of probate shall be determined as follows:
(1) A judge of probate who serves a band 1 probate district shall receive annual compensation equal to ten per cent of the compensation of a judge of the superior court as set forth in subsection (a) of section 51-47 of the general statutes.
(2) A judge of probate who serves a band 2 probate district shall receive annual compensation equal to twenty per cent of the compensation of a judge of the superior court as set forth in subsection (a) of section 51-47 of the general statutes.
(3) A judge of probate who serves a band 3 probate district shall receive annual compensation equal to thirty per cent of the compensation of a judge of the superior court as set forth in subsection (a) of section 51-47 of the general statutes.
(4) A judge of probate who serves a band 4 probate district shall receive annual compensation equal to thirty-five per cent of the compensation of a judge of the superior court as set forth in subsection (a) of section 51-47 of the general statutes.
(5) A judge of probate who serves a band 5 probate district shall receive annual compensation equal to forty per cent of the compensation of a judge of the superior court as set forth in subsection (a) of section 51-47 of the general statutes.
(6) A judge of probate who serves a band 6 probate district shall receive annual compensation equal to forty-five per cent of the compensation of a judge of the superior court as set forth in subsection (a) of section 51-47 of the general statutes.
(7) A judge of probate who serves a band 7 probate district shall receive annual compensation equal to fifty per cent of the compensation of a judge of the superior court as set forth in subsection (a) of section 51-47 of the general statutes.
(8) A judge of probate who serves a band 8 probate district shall receive annual compensation equal to fifty-five per cent of the compensation of a judge of the superior court as set forth in subsection (a) of section 51-47 of the general statutes.
(9) A judge of probate who serves a band 9 probate district shall receive annual compensation equal to sixty-five per cent of the compensation of a judge of the superior court as set forth in subsection (a) of section 51-47 of the general statutes.
(10) A judge of probate who serves a band 10 probate district shall receive annual compensation equal to seventy-five per cent of the compensation of a judge of the superior court as set forth in subsection (a) of section 51-47 of the general statutes.
(b) Notwithstanding the provisions of subsection (a) of this section, a judge of probate who serves in a probate district that consists of four or more towns shall be compensated at a band one level higher than the band the judge otherwise would be placed in under section 10 of this act.
(c) Notwithstanding the provisions of subsection (a) of this section, no judge of probate in office at any time during the period beginning January 5, 2011, and ending January 6, 2015, may receive compensation under subsection (a) of this section that is greater than the average annual compensation for a judge serving in such probate district for the three-year period from January 1, 2008, to December 31, 2010, inclusive. The provisions of this subsection shall not apply to the compensation of a judge of probate whose district results from a merger that becomes effective on January 5, 2011.
(d) Notwithstanding the provisions of subsection (a) of this section, no judge of probate in office on January 4, 2011, may, for the term of office beginning January 5, 2011, and ending January 6, 2015, receive compensation under subsection (a) of this section that is less than eighty per cent of the average annual compensation for a judge of probate serving in such probate district for the three-year period from January 1, 2008, to December 31, 2010, inclusive. The provisions of this subsection shall not apply to the compensation of a judge of probate whose district results from a merger that becomes effective on January 5, 2011, or to any person first elected to serve as a judge of probate for a term beginning on or after January 5, 2011.
(e) For any calendar year, compensation of any judge of probate who assumes office or ceases to hold office during such calendar year shall be determined by multiplying the judge's annual compensation determined in accordance with subsections (a) to (d), inclusive, of this section by a fraction with the number of days served during the calendar year as the numerator of the fraction and three hundred sixty-five as the denominator of the fraction.
Sec. 12. Section 45a-186 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 5, 2011):
(a) Any person aggrieved by any order, denial or decree of a court of probate in any matter, unless otherwise specially provided by law, may, not later than forty-five days after the mailing of an order, denial or decree for a matter heard under any provision of section 45a-593, 45a-594, 45a-595 or 45a-597, sections 45a-644 to 45a-677, inclusive, or sections 45a-690 to 45a-705, inclusive, and not later than thirty days after mailing of an order, denial or decree for any other matter in a court of probate, appeal therefrom to the Superior Court. Such an appeal shall be commenced by filing a complaint in the superior court in the judicial district in which such court of probate is located, except that (1) an appeal under subsection (b) of section 12-359, subsection (b) of section 12-367 or subsection (b) of section 12-395 shall be filed in the judicial district of Hartford, and (2) an appeal in a matter concerning removal of a parent as guardian, termination of parental rights or adoption shall be filed in the superior court for juvenile matters having jurisdiction over matters arising in such probate district. The complaint shall state the reasons for the appeal. A copy of the order, denial or decree appealed from shall be attached to the complaint. Appeals from any decision rendered in any case after a recording is made of the proceedings under section 17a-498, 17a-685, 45a-650, 51-72 or 51-73 shall be on the record and shall not be a trial de novo.
(b) Each person who files an appeal pursuant to this section shall serve a copy of the complaint on the court of probate that rendered the order, denial or decree appealed from and on each interested party. The failure of any person to make such service shall not deprive the Superior Court of jurisdiction over the appeal. Notwithstanding the provisions of section 52-50, service of the copy of the complaint shall be by state marshal, constable or an indifferent person. Service shall be in hand or by leaving a copy at the court of probate that rendered the order being appealed, or by leaving a copy at the place of residence of the interested party being served or at the address for the interested party on file with said court of probate, except that service on a respondent or conserved person in an appeal from an action under part IV of chapter 802h shall be in hand by a state marshal, constable or an indifferent person.
(c) Not later than fifteen days after a person files an appeal under this section, the person who filed the appeal shall file or cause to be filed with the clerk of the Superior Court a document containing (1) the name, address and signature of the person making service, and (2) a statement of the date and manner in which a copy of the complaint was served on the court of probate and each interested party.
(d) If service has not been made on an interested party, the Superior Court, on motion, shall make such orders of notice of the appeal as are reasonably calculated to notify any necessary party not yet served.
(e) A hearing in an appeal from probate proceedings under section 17a-77, 17a-80, 17a-498, 17a-510, 17a-511, 17a-543, 17a-543a, 17a-685, 45a-650, 45a-654, 45a-660, 45a-674, 45a-676, 45a-681, 45a-682, 45a-699, 45a-703 or 45a-717 shall commence, unless a stay has been issued pursuant to subsection (f) of this section, not later than ninety days after the appeal has been filed.
(f) The filing of an appeal under this section shall not, of itself, stay enforcement of the order, denial or decree from which the appeal is taken. A motion for a stay may be made to the Court of Probate or the Superior Court. The filing of a motion with the Court of Probate shall not preclude action by the Superior Court.
(g) Nothing in this section shall prevent any person aggrieved by any order, denial or decree of a court of probate in any matter, unless otherwise specially provided by law, from filing a petition for a writ of habeas corpus, a petition for termination of involuntary representation or a petition for any other available remedy.
(h) (1) Except for matters described in subdivision (3) of this subsection, in any appeal filed under this section, the appeal may be referred by the Superior Court to a special assignment probate judge appointed in accordance with section 45a-79b, who is assigned by the Probate Court Administrator for the purposes of such appeal, except that any party may file a demand in writing with the Superior Court that such appeal be heard by the Superior Court. Any such demand shall be filed no later than twenty days after the return date.
(2) An appeal referred to a special assignment probate judge pursuant to this subsection shall proceed in accordance with the rules for references set forth in the rules of the judges of the superior court, except that such appeal shall be de novo and shall be heard on the record.
(3) The following matters shall not be referred to a special assignment probate judge pursuant to this subsection: Appeals under sections 17a-75 to 17a-83, inclusive, section 17a-274, sections 17a-495 to 17a-528, inclusive, sections 17a-543, 17a-543a, 17a-685 to 17a-688, inclusive, children's matters as defined in subsection (a) of section 45a-8a, sections 45a-644 to 45a-663, inclusive, 45a-668 to 45a-684, inclusive, and 45a-690 to 45a-700, inclusive, and any matter in a court of probate heard on the record in accordance with sections 51-72 and 51-73.
Sec. 13. (Effective from passage) (a) (1) The Probate Court Administrator shall establish a probate court planning committee for each of the nine probate regions established by the Probate Court Administrator.
(2) Each probate court planning committee shall consist of the following members:
(A) Each judge of probate from each probate district within the probate region;
(B) Three clerks of probate from among the probate districts within the probate region, each of whom shall be appointed by the Connecticut Association of Probate Clerks;
(C) The chief executive officer of each municipality in the probate region, or such officer's designee;
(D) Two attorneys residing in the probate region, one appointed by the executive committee of the Estates and Probate Section of the Connecticut Bar Association, and one appointed by the executive committee of the Elder Law Section of the Connecticut Bar Association;
(E) One member appointed by the Connecticut Council of Small Towns;
(F) One member appointed by the Connecticut Conference of Municipalities; and
(G) Five members of the public, one appointed by the Governor, one appointed by the president pro tempore of the Senate, one appointed by the speaker of the House of Representatives, one appointed by the minority leader of the Senate, and one appointed by the minority leader of the House of Representatives.
(3) The Probate Court Administrator or the administrator's designee shall be an ex-officio member of each probate court planning committee without vote. The regional coordinator for each probate region shall chair each probate court planning committee. The Probate Court Administrator shall coordinate the activities of, and provide administrative support to, the probate court planning committees.
(b) Each probate court planning committee shall explore opportunities to establish local regional probate districts to increase public access to the courts, considering, among other things, the availability of municipal facilities for a court in a regional probate district, communities of interest among the municipalities that might join or form a regional probate district and populations served.
(c) Each probate court planning committee shall submit a report to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and appropriations, in accordance with section 11-4a of the general statutes, not later than November 15, 2009, that contains the committee's recommendations for establishment of local regional probate districts effective not later than January 5, 2011.
Sec. 14. Section 45a-55 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 5, 2011):
(a) Any claim for a pension or any other benefit which may become available in accordance with the provisions of sections 45a-1 to 45a-12, inclusive, 45a-18 to 45a-26, inclusive, 45a-34 to 45a-56, inclusive, as amended by this act, 45a-62 to 45a-68, inclusive, 45a-74 to 45a-83, inclusive, as amended by this act, 45a-90 to [45a-94] 45a-93, inclusive, as amended by this act, 45a-98, 45a-99, 45a-105, 45a-119 to 45a-123, inclusive, 45a-128, 45a-130, 45a-131, 45a-133, 45a-199 and 45a-202, may be submitted in writing to the commission. Any such claim will be reviewed and decided by the commission. The claimant shall be advised of the processing status of his claim upon reasonable request.
(b) If any claim is denied, a claimant may request that the decision be reviewed and reconsidered by the commission. Thereafter, any contested case shall be heard and decided in accordance with chapter 54.
Sec. 15. (Effective from passage) The sum of four million dollars is appropriated to the Office of the Probate Court Administrator, from the General Fund, for the fiscal year ending June 30, 2010, and the sum of eight million four hundred thousand dollars is appropriated to the Office of the Probate Court Administrator, from the General Fund, for the fiscal year ending June 30, 2011, for the purpose of covering probate court expenses of persons who use the probate court system who are otherwise unable to pay, and for the cost of probate court retirees' health insurance.
Sec. 16. Section 45a-94 of the general statutes is repealed. (Effective January 5, 2011)
Sec. 17. Section 45a-189 of the general statutes is repealed. (Effective October 1, 2009)
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
45a-36a |
Sec. 2 |
from passage |
45a-77(b) |
Sec. 3 |
January 1, 2011 |
45a-82 |
Sec. 4 |
January 5, 2011 |
45a-92 |
Sec. 5 |
from passage |
45a-93 |
Sec. 6 |
January 5, 2011 |
45a-106 |
Sec. 7 |
January 5, 2011 |
5-259(g) |
Sec. 8 |
January 1, 2011 |
New section |
Sec. 9 |
from passage |
New section |
Sec. 10 |
January 5, 2011 |
New section |
Sec. 11 |
January 5, 2011 |
New section |
Sec. 12 |
January 5, 2011 |
45a-186 |
Sec. 13 |
from passage |
New section |
Sec. 14 |
January 5, 2011 |
45a-55 |
Sec. 15 |
from passage |
New section |
Sec. 16 |
January 5, 2011 |
Repealer section |
Sec. 17 |
October 1, 2009 |
Repealer section |
JUD |
Joint Favorable Subst.-LCO |
|
APP |
Joint Favorable |