Connecticut Seal

Substitute House Bill No. 7245

Public Act No. 17-48

AN ACT CONCERNING THE REVISOR'S TECHNICAL CORRECTIONS TO THE GENERAL STATUTES.

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

Section 1. Subsection (a) of section 4-142a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) The Claims Commissioner shall be appointed by the Governor with the advice and consent of the General Assembly to serve for a term of four years from the first day in July in the year of his or her appointment and until his or her successor has been appointed and has qualified. The Claims Commissioner shall be an attorney-at-law and shall have been admitted to practice before the courts of the state of Connecticut for at least five years prior to his or her appointment. The Claims Commissioner shall receive such compensation as is fixed under the provisions of section 4-40. The Claims Commissioner may enter into such contractual agreements, in accordance with established procedures, as may be necessary for the discharge of his or her duties. Subject to the provisions of section 4-32, and unless otherwise provided by law, the Claims Commissioner is authorized to receive any money, revenue or services from the federal government, corporations, associations or individuals, including payments from the sale of printed matter or any other materials or services.

Sec. 2. Section 7-45 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

Each person making any certificate of birth, marriage, civil union, death or fetal death, or any copy of such certificate for the commissioner, or any sexton's report required by law, shall cause the same to be typewritten or printed in a legible manner as to all material information or facts required by the provisions of sections 7-48, 7-60 and 7-62b, and sections 46b-25, [and] 46b-29 [to] and 46b-30 [, inclusive, or sections 46b-38hh to 46b-38jj, inclusive,] and contained in such certificate. If the certificate is in paper format, such person shall sign the certificate in black ink, shall state therein in what capacity such person so signs, and shall type or print in a legible manner the name of each person signing such certificate, under such person's signature. If the certificate is in an electronic format, such certificate shall be authenticated by the electronic vital records system of the department. Any certificate not complying with the requirements of this section shall be returned by the registrar with whom it is filed to the person making the same for the proper correction.

Sec. 3. Section 10-66rr of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

On and after July 1, 2015, the State Board of Education shall require members of the governing council of a state or local charter school and members of a charter management organization to submit to a records check of the Department of Children and Families child abuse and neglect registry, established pursuant to section 17a-101k, and to state and national criminal history records checks before the state board grants initial certificates of approval for charters pursuant to section 10-66bb, or before such members may be hired by the governing council of a state or local charter school or charter management organization. [The criminal history records checks required under this subsection shall be conducted in accordance with section 29-17a.] The governing council of a state or local charter school shall require each contractor doing business with a state or local charter school, who performs a service involving direct student contact, to submit to a records check of the Department of Children and Families child abuse and neglect registry, established pursuant to section 17a-101k, and to state and national criminal history records checks before [such applicant may be hired or] such contractor begins to perform such service. [The] Any criminal history records checks required under this [subsection] section shall be conducted in accordance with section 29-17a.

Sec. 4. Subsection (h) of section 10-221d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(h) Notwithstanding the provisions of subsection [(f)] (g) of section 31-51i, the Department of Education shall, upon request of a local or regional board of education, governing council of a state or local charter school or an interdistrict magnet school operator, make available to such local or regional board of education, governing council or interdistrict magnet school operator requesting information concerning an applicant for a position with such board, council or operator (1) any information concerning the applicant's eligibility for employment in a position with such board, council or operator requiring a certificate, authorization or permit issued pursuant to chapter 166, (2) whether the department has knowledge that the applicant has been disciplined for a finding of abuse or neglect or sexual misconduct, as defined in section 10-222c, as amended by this act, and any information concerning such a finding, and (3) whether the department has received notification that the applicant has been convicted of a crime or of criminal charges pending against the applicant and any information concerning such charges. The provisions of this subsection shall not be construed to cause the department to investigate any such request.

Sec. 5. Subdivision (2) of subsection (a) of section 10-222c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(2) Conducting a review of the employment history of the applicant by contacting those employers listed by the applicant under subdivision (1) of this subsection. Such review shall be conducted using a form developed by the Department of Education in accordance with section 3 of public act 16-67 that shall request (A) the dates of employment of the applicant, and (B) a statement as to whether the employer has knowledge that the applicant (i) was the subject of an allegation of abuse or neglect or sexual misconduct for which there is an investigation pending with any employer, state agency or municipal police department or which has been substantiated; (ii) was disciplined or asked to resign from employment or resigned from or otherwise separated from any employment while an allegation of abuse or neglect or sexual misconduct was pending or under investigation, or due to a substantiation of abuse or neglect or sexual misconduct; or (iii) has ever had a professional or occupational license, certificate, authorization or permit suspended or revoked or has ever surrendered such a license, certificate, authorization or permit while an allegation of abuse or neglect or sexual misconduct was pending or under investigation, or due to a substantiation of abuse or neglect or sexual misconduct. Such review may be conducted telephonically or through written communication. Notwithstanding the provisions of subsection [(f)] (g) of section 31-51i, not later than five business days after any such current or former employer of the applicant receives a request for such information, such employer shall respond with such information. A local or regional board of education, council or operator may request more information concerning any response made by a current or former employer, and, notwithstanding the provisions of said subsection [(f)] (g), such employer shall respond not later than five business days after receiving such request; and

Sec. 6. Subsection (b) of section 10-222c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(b) Notwithstanding the provisions of subsection [(f)] (g) of section 31-51i, any local or regional board of education or council or operator that receives information that an applicant for a position with or an employee of the board has been disciplined for a finding of abuse or neglect or sexual misconduct shall notify the Department of Education of such information.

Sec. 7. Subsection (g) of section 10-222c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(g) In the case of an applicant who is a contractor, the contractor shall require any employee with such contractor who would be in a position involving direct student contact to supply to such contractor all information required of an applicant under subparagraphs (A) and (C) of subdivision (1) of subsection (a) of this section and a written authorization under subparagraph (B) of said subdivision. Such contractor shall contact any current or former employer of such employee that was a local or regional board of education, council or operator or if such employment caused the employee to have contact with children, and request, either telephonically or through written communication, any information concerning whether there was a finding of abuse or neglect or sexual misconduct against such employee. Notwithstanding the provisions of subsection [(f)] (g) of section 31-51i, such employer shall report to the contractor any such finding, either telephonically or through written communication. If the contractor receives any information indicating such a finding or otherwise has knowledge of such a finding, the contractor shall, notwithstanding the provisions of said subsection [(f)] (g), immediately forward such information to any local or regional board of education with which the contractor is under contract, either telephonically or through written communication. Any local or regional board of education, council or operator that receives such information shall determine whether such employee may work in a position involving direct student contact at any school under the board's jurisdiction. No determination by a local or regional board of education that any such employee shall not work under any such contract in any such position shall constitute a breach of such contract.

Sec. 8. Subsection (j) of section 10-222c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(j) Notwithstanding the provisions of section 10-151c and subsection [(f)] (g) of section 31-51i, a local or regional board of education, council or operator shall provide upon request by any other local or regional board of education, council or operator for the purposes of an inquiry pursuant to subdivision (2) of subsection (a) of this section or subsection (g) of this section or to the Commissioner of Education pursuant to subsection (b) of this section any information that the board, council or operator has concerning a finding of abuse or neglect or sexual misconduct by a subject of any such inquiry.

Sec. 9. Subsection (b) of section 34-279b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(b) Property held for a charitable purpose under the law of this state by a limited liability company or foreign limited liability company immediately before a transaction under sections 34-279 to 34-279q, inclusive, becomes effective may not, as a result of the transaction, be diverted from the objects for which it was donated, granted, devised or otherwise transferred unless, to the extent required by or pursuant to the law of this state concerning cy pres or other law dealing with nondiversion of charitable assets, the limited liability company or foreign limited liability company provides notice to the Attorney General and obtains an appropriate order of a court of competent jurisdiction specifying the disposition of the property.

Sec. 10. Subsection (c) of section 38a-806 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(c) Each policy in force under a mass marketing plan on or before October 1, 1999, shall be eligible for issue on a guaranteed issue basis for one year after October 1, 1999, except if the applicant has been convicted of violating any provision of subsection (d) of section 14-12, section 14-43, 14-222 or 14-222a, [or] subsection (a) or subdivision (1) of subsection (b) of section 14-224, section 14-227a, section 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n within three years of the applicant's application, or convicted within three years of the applicant's application of operating a motor vehicle while the applicant's operator's license was suspended or revoked.

Sec. 11. Subdivision (2) of subsection (b) of section 45a-107 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(2) Except as provided in subdivisions (3) and (4) of this subsection, fees shall be assessed in accordance with the following table:

 

Basis for Computation

Total Fee

 

Of Fees

 
 

0 to $500

$25

 

$501 to $1,000

$50

 

$1,000 to $10,000

$50, plus 1% of all

   

in excess of $1,000

 

$10,000 to $500,000

$150, plus .35% of all

   

in excess of $10,000

 

$500,000 to $2,000,000

$1,865, plus .25% of all

   

in excess of $500,000

 

$2,000,000 to $8,877,000

$5,615, plus .5% of all

   

in excess of $2,000,000

 

$8,877,000 and over

$40,000

Sec. 12. Subdivision (2) of subsection (c) of section 45a-107 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(2) Except as provided in subdivisions (3) and (4) of this subsection, fees shall be assessed in accordance with the following table:

 

Basis for Computation

Total Fee

 

Of Fees

 
 

0 to $500

$25

 

$501 to $1,000

$50

 

$1,000 to $10,000

$50, plus 1% of all

   

in excess of $1,000

 

$10,000 to $500,000

$150, plus .35% of all

   

in excess of $10,000

 

$500,000 to $2,000,000

$1,865, plus .25% of all

   

in excess of $500,000

 

$2,000,000 and over

$5,615, plus .5% of all

   

in excess of $2,000,000

Sec. 13. Subsection (g) of section 45a-717 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(g) At the adjourned hearing or at the initial hearing where no investigation and report has been requested, the court may approve a petition terminating the parental rights and may appoint a guardian of the person of the child, or, if the petitioner requests, the court may appoint a statutory parent, if it finds, upon clear and convincing evidence, that (1) the termination is in the best interest of the child, and (2) (A) the child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child; (B) the child has been denied, by reason of an act or acts of parental commission or omission, including, but not limited to, sexual molestation and exploitation, severe physical abuse or a pattern of abuse, the care, guidance or control necessary for the child's physical, educational, moral or emotional well-being. Nonaccidental or inadequately explained serious physical injury to a child shall constitute prima facie evidence of acts of parental commission or omission sufficient for the termination of parental rights; (C) there is no ongoing parent-child relationship which is defined as the relationship that ordinarily develops as a result of a parent having met on a continuing, day-to-day basis the physical, emotional, moral and educational needs of the child and to allow further time for the establishment or reestablishment of the parent-child relationship would be detrimental to the best interests of the child; (D) a child of the parent (i) was found by the Superior Court or the Probate Court to have been neglected, abused or uncared for, as those terms are defined in section 46b-120, in a prior proceeding, or (ii) is found to be neglected, abused or uncared for and has been in the custody of the commissioner for at least fifteen months and such parent has been provided specific steps to take to facilitate the return of the child to the parent pursuant to section 46b-129 and has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child; (E) a child of the parent, who is under the age of seven years is found to be neglected, abused or uncared for, and the parent has failed, is unable or is unwilling to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable amount of time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child and such parent's parental rights of another child were previously terminated pursuant to a petition filed by the Commissioner of Children and Families; (F) the parent has killed through deliberate, nonaccidental act another child of the parent or has requested, commanded, importuned, attempted, conspired or solicited such killing or has committed an assault, through deliberate, nonaccidental act that resulted in serious bodily injury of another child of the parent; (G) except as provided in subsection (h) of this section, the parent committed an act that constitutes sexual assault as described in section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a or compelling a spouse or cohabitor to engage in sexual intercourse by the use of force or by the threat of the use of force as described in section 53a-70b, if such act resulted in the conception of the child; or (H) the parent was finally adjudged guilty of sexual assault under section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a or of compelling a spouse or cohabitor to engage in sexual intercourse by the use of force or by the threat of the use of force under section 53a-70b, if such act resulted in the conception of the child.

Sec. 14. Subsection (e) of section 46b-133 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(e) When a child is arrested for the commission of a delinquent act and is placed in detention pursuant to subsection (c) of this section, such child may be detained pending a hearing which shall be held on the business day next following the child's arrest. No child may be detained after such hearing unless the court determines, based on the available facts, that [(A)] (1) there is probable cause to believe that the child has committed the acts alleged, [(B)] (2) there is no less restrictive alternative available, and [(C)] (3) through the use of the detention risk assessment instrument developed pursuant to section 46b-133g, that there is [(i)] (A) probable cause to believe that the child will pose a risk to public safety if released to the community prior to the court hearing or disposition; [(ii)] (B) a need to hold the child in order to ensure the child's appearance before the court, as demonstrated by the child's previous failure to respond to the court process, or [(iii)] (C) a need to hold the child for another jurisdiction. Such probable cause may be shown by sworn affidavit in lieu of testimony. No child shall be released from detention who is alleged to have committed a serious juvenile offense except by order of a judge of the Superior Court. The court may, in its discretion, consider as an alternative to detention a suspended detention order with graduated sanctions to be imposed based on the detention risk assessment for such child, using the instrument developed pursuant to section 46b-133g. Any child confined in a community correctional center or lockup shall be held in an area separate and apart from any adult detainee, except in the case of a nursing infant, and no child shall at any time be held in solitary confinement. When a female child is held in custody, she shall, as far as possible, be in the charge of a woman attendant.

Sec. 15. Subparagraph (A) of subdivision (2) of subsection (n) of section 52-362 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(A) The Department of Social Services shall make available to all employers in this state a standard notice and claim form, written in clear and simple language, which shall include (i) notice that money will be withheld from the employee's wages for child support and health insurance; (ii) notice of the amount of disposable earnings that are exempt from the income withholding order; (iii) notice that the amount of the income withholding order may not exceed the maximum permitted by federal law under 15 USC 1673, together with a statement of the obligor's right to claim any other applicable state or federal exemptions; (iv) notice of the right to object to the validity or enforcement of such income withholding order in a court in this state and of the right to seek modification of the underlying support order in the court of continuing exclusive jurisdiction; (v) notice of the right to seek the assistance of the Office of Child Support Services of the Department of Social Services and the toll-free telephone number at which the [bureau] office can be contacted; and (vi) a claim form which shall include (I) a list of the most common defenses and exemptions to such income withholding order in a manner which allows the obligor to check any of the defenses and exemptions which apply; (II) a space where the obligor may briefly explain the obligor's claim or defense; (III) a space where the obligor may initiate a request for services to modify the support order, and the address of the Office of Child Support Services of the Department of Social Services to which such request may be sent; (IV) a space for the obligor to provide the obligor's address and the name of the town in which the obligor principally conducts the obligor's work for the employer; (V) a space for the obligor to sign the obligor's name; (VI) the address of Support Enforcement Services to which the claim form is to be sent in order to contest the validity or enforcement of the income withholding order; and (VII) space for the employer to state the date upon which the form was actually delivered to the obligor.

Sec. 16. Subparagraph (E) of subdivision (2) of subsection (n) of section 52-362 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(E) If the claim form requests services to modify the support order, the Office of Child Support Services shall assist the obligor to file a motion for modification with the appropriate tribunal of the state of continuing, exclusive jurisdiction in accordance with the law of that jurisdiction. The receipt of the request for modification shall constitute a request for Title IV-D services, but the [bureau] office may require the making of a formal application. Such assistance shall include, but is not limited to, providing the obligor with information about how such a motion is filed, contacting the state of continuing, exclusive jurisdiction on behalf of the obligor to obtain appropriate forms, and transmitting such forms and applicable information to the appropriate tribunal in such state.

Sec. 17. Subsection (a) of section 54-56p of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) The court may, in its discretion, invoke a program on motion of a defendant or on motion of a state's attorney or prosecuting attorney with respect to a defendant who (1) is under twenty-one years of age, (2) is charged with a motor vehicle violation, or a violation of section 30-88a, subsection (a) or (b) of section 30-89 or section 30-89a, and (3) has not previously had such program invoked [in] on such person's behalf.

Sec. 18. Subsection (f) of section 20-429 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(f) Nothing in this section shall preclude a contractor who has complied with [subdivisions (1), (2), (6), (7) and (8)] subparagraphs (A)(i), (ii), (vi), (vii) and (viii) of subdivision (1) of subsection (a) of this section from the recovery of payment for work performed based on the reasonable value of services which were requested by the owner, provided the court determines that it would be inequitable to deny such recovery.

Sec. 19. Subsection (e) of section 22a-43 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(e) There shall be no right to further review except to the Appellate Court by certification for review in accordance with the provisions of subsection [(p)] (o) of section 8-8.

Approved June 13, 2017