Connecticut 2019 Regular Session

Connecticut Senate Bill SB00063 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO 6405 \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00063-R02-
4		-	SB.docx
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7	5		General Assembly Committee Bill No. 63
8	6		January Session, 2019
9	7		LCO No. 6405
10	8
11	9
12	10		Referred to Committee on JUDICIARY
13	11
14	12
15	13		Introduced by:
16	14		(JUD)
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19	17
20	18		AN ACT CONCERNING TH E USE OF A SUPPORTED DECISION -
21	19		MAKING AGREEMENT BY A PERSON WITH A DISABILITY.
22	20		Be it enacted by the Senate and House of Representatives in General
23	21		Assembly convened:
24	22
25	23		Section 1. (NEW) (Effective October 1, 2019) (a) As used in this 1
26	24		section: 2
27	25		(1) "Adult with a disability" means a person who is twenty-one 3
28	26		years of age or older who has a physical, developmental or mental 4
29	27		condition that substantially limits one or more of an individual's major 5
30	28		life activities, including any of the following: (A) Capacity for 6
31	29		independent living, (B) self-direction, (C) self-care, (D) mobility, (E) 7
32	30		communication, or (F) learning; 8
33	31		(2) "Supported decision-making" means a process of supporting and 9
34	32		accommodating an adult with a disability to enable the adult to make 10
35	33		life decisions, including decisions related to where the adult wants to 11
36	34		live, the services, supports and medical care the adult wants to receive, 12
37	35		whom the adult wants to live with and where the adult wants to work, 13
38		-	without impeding the self-determination of the adult; 14 Committee Bill No. 63
	36	+	without impeding the self-determination of the adult; 14
	37	+	Committee Bill No. 63
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45	42		(3) "Supported decision-making agreement" means an agreement 15
46	43		between an adult with a disability and a supporter entered into under 16
47	44		this section; 17
48	45		(4) "Supporter" means a person who is twenty-one years of age or 18
49	46		older who is willing to enter into an agreement with an adult with a 19
50	47		disability to provide supported decision-making; and 20
51	48		(5) "Agency" has the same meaning as provided in section 1-200 of 21
52	49		the general statutes. 22
53	50		(b) An adult with a disability may voluntarily enter into a 23
54	51		supported decision-making agreement that allows the supporter to: 24
55	52		(1) Provide supported decision-making to an adult with a disability; 25
56	53		(2) Be present during the supported decision-making process, when 26
57	54		requested by the adult with a disability; or 27
58	55		(3) Assist a person with a disability, while in such person's presence 28
59	56		in (A) obtaining information that is relevant to a given life decision 29
60	57		from any person, provided the supporter keeps any information 30
61	58		obtained in connection with this responsibility confidential; or (B) 31
62	59		communicating the decisions of a person with a disability to others. 32
63	60		(c) A supporter acting pursuant to a supported decision-making 33
64	61		agreement may only exercise the authority expressly granted to the 34
65	62		supporter in the supported decision-making agreement. 35
66	63		(d) A person that in good faith accepts an acknowledged supported 36
67	64		decision-making agreement without actual knowledge that (1) such 37
68	65		agreement is void, invalid or terminated, (2) the purported supporter's 38
69	66		authority is void, invalid or terminated, or (3) the supporter is 39
70		-	exceeding or improperly exercising the supporter's authority, may rely 40
	67	+	exceeding or improperly exercising the supporter's authority may rely 40
71	68		upon the supported decision-making agreement as if the supported 41
72	69		decision-making agreement were genuine, valid and still in effect, the 42
73		-	supporter's authority were genuine, valid and still in effect and the 43 Committee Bill No. 63
	70	+	supporter's authority were genuine, valid and still in effect and the 43
	71	+	Committee Bill No. 63
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80	76		supporter had not exceeded and had properly exercised the authority. 44
81	77		(e) If any state or municipal law requires that an agency or person 45
82	78		provide a prescribed notice to a person with a disability, and the 46
83	79		agency or person that is required to provide such notice has received a 47
84	80		supported decision-making agreement from a person with a disability 48
85	81		that specifies that a supporter is also to receive a copy of any such 49
86	82		notice, then the agency or person in possession of the supported 50
87	83		decision-making agreement shall also provide the specified supporter 51
88	84		with a copy of such notice. Notwithstanding the provisions of this 52
89	85		subsection, if any state or municipal law requires that an agency or 53
90	86		person provide a prescribed notice to a person with a disability and 54
91	87		such notice includes confidential information, including medical 55
92	88		records or educational records, that are protected by state or federal 56
93	89		law, such notice shall not be provided to the specified supporter unless 57
94	90		the supported decision-making agreement is accompanied by a release 58
95	91		authorizing the specified supporter to obtain the confidential 59
96	92		information. 60
97	93		(f) No agency or person shall be subject to criminal or civil liability, 61
98	94		nor shall any person be considered to have engaged in professional 62
99	95		misconduct, for an act or omission done in good faith and in 63
100	96		reasonable reliance upon a supported decision-making agreement. 64
101	97		This act shall take effect as follows and shall amend the following
102	98		sections:
103	99
104	100		Section 1 October 1, 2019 New section
105	101
106		-	JUD Joint Favorable
	102	+	Statement of Purpose:
	103	+	To permit a person with a disability to enter into a supported decision-
	104	+	making agreement with another person.
	105	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	106	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	107	+	not underlined.]
	108	+
	109	+	Co-Sponsors: SEN. LOONEY, 11th Dist.
	110	+	Committee Bill No. 63
	111	+
	112	+
	113	+	LCO No. 6405 4 of 4
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	115	+
	116	+	S.B. 63
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107	118