LCO No. 5022 1 of 13 General Assembly Raised Bill No. 1432 January Session, 2025 LCO No. 5022 Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS Introduced by: (GAE) AN ACT IMPLEMENTING THE DEPARTMENT OF ADMINISTRATIVE SERVICES' RECOMMENDATIONS FOR REVISIONS TO PROVISIONS CONCERNING CONTRACTING, REAL ESTATE, STATE CONSTRUCTION SERVICES AND PROBATE COURT NOTIFICATIONS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsection (i) of section 4b-23 of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective July 1, 2 2025): 3 (i) As used in this subsection, (1) "project" means any state program, 4 except the downtown Hartford higher education center project, as 5 defined in section 4b-55, requiring consultant services if the cost of such 6 services is estimated to exceed one hundred thousand dollars or, in the 7 case of a program of a constituent unit of the state system of higher 8 education, [the cost of such services is estimated to exceed three 9 hundred thousand dollars, or in the case of] a building or premises 10 under the supervision of the Office of the Chief Court Administrator, a 11 [or] property where the Judicial Department is the primary occupant or 12 Raised Bill No. 1432 LCO No. 5022 2 of 13 a program executed by the Department of Administrative Services, the 13 cost of such services is estimated to exceed three hundred thousand 14 dollars; (2) "consultant" means "consultant" as defined in section 4b-55; 15 and (3) "consultant services" means "consultant services" as defined in 16 section 4b-55. Any contracts entered into by the Commissioner of 17 Administrative Services with any consultants for employment (A) for 18 any project under the provisions of this section, (B) in connection with a 19 list established under subsection (e) of section 4b-51, or (C) by task letter 20 issued by the Commissioner of Administrative Services to any 21 consultant on such list pursuant to which the consultant will provide 22 services valued in excess of [one] three hundred thousand dollars, shall 23 be subject to the approval of the Properties Review Board prior to the 24 employment of such consultant or consultants by the commissioner. The 25 Properties Review Board shall, not later than thirty days after receipt of 26 such selection of or contract with any consultant, approve or disapprove 27 the selection of or contract with any consultant made by the 28 Commissioner of Administrative Services pursuant to sections 4b-1 and 29 4b-55 to 4b-59, inclusive. If upon the expiration of the thirty-day period 30 a decision has not been made, the Properties Review Board shall be 31 deemed to have approved such selection or contract. 32 Sec. 2. Subsection (a) of section 4b-34 of the general statutes is 33 repealed and the following is substituted in lieu thereof (Effective July 1, 34 2025): 35 (a) Except as provided under subsection (e) of this section, whenever 36 it appears from the specifications of the requesting agency or institution 37 that the space needs equal or exceed two thousand five hundred square 38 feet and the Commissioner of Administrative Services has determined 39 that such needs will be met by lease of space, the commissioner shall 40 [give public] post notice of such space needs and specifications [by 41 advertising, at least once, in a newspaper having a substantial 42 circulation in the area in which such space is sought,] on the Internet 43 web site of the Department of Administrative Services no less than 44 fifteen days prior to the date of final selection. A copy of such notice 45 Raised Bill No. 1432 LCO No. 5022 3 of 13 shall be sent to the regional chapter of the Connecticut Association of 46 Realtors serving the area in which such space is sought. [The provisions 47 of this subsection shall not be construed to require the commissioner to 48 lease space only from persons responding to such advertisements.] 49 Sec. 3. Subsection (a) of section 4b-24b of the general statutes is 50 repealed and the following is substituted in lieu thereof (Effective July 1, 51 2025): 52 (a) Whenever realty uses designed uniquely for state use and for 53 periods over five years are concerned, the Commissioner of 54 Administrative Services shall, whenever practicable, attempt to 55 construct on state-owned land. Whenever the Commissioner of 56 Administrative Services has established specific plans and specifications 57 for new construction on state land or new construction for sale to the 58 state: (1) If it appears to the commissioner that the cost of the project 59 shall be less than one million five hundred thousand dollars, contracts 60 shall be made, where practicable, through a process of sealed bidding 61 as provided in section 4b-91 relating to projects in excess of one million 62 five hundred thousand dollars; (2) if it appears to the commissioner that 63 the space needs of the requesting agency are less than five thousand 64 square feet, the commissioner shall, whenever practicable, [carry on 65 advertising] post online notice, in accordance with the provisions of 66 section 4b-34, as amended by this act, relating to projects in excess of 67 five thousand square feet, in order to allow an equal opportunity for 68 third parties to do business with the state without regard to political 69 affiliation, political contributions or relationships with persons in state, 70 federal or local governmental positions. 71 Sec. 4. Subsection (a) of section 4b-56 of the general statutes is 72 repealed and the following is substituted in lieu thereof (Effective July 1, 73 2025): 74 (a) There shall be established within the Department of 75 Administrative Services state construction services selection panels 76 Raised Bill No. 1432 LCO No. 5022 4 of 13 which (1) for projects valued at [five] seven million five hundred 77 thousand dollars or more, [shall] consist of five members, four of whom 78 [shall be] are current or retired employees of the Department of 79 Administrative Services appointed by the commissioner and one of 80 whom [shall be] is appointed by the head or acting head of the user 81 agency, and (2) for projects valued at less than [five] seven million five 82 hundred thousand dollars, [shall] consist of three members, two of 83 whom [shall be] are current or retired employees of the Department of 84 Administrative Services appointed by the commissioner and one of 85 whom [shall be] is appointed by the head or acting head of the user 86 agency. Each member of a section panel, regardless of the appointing 87 authority, shall serve only for deliberations involving the project for 88 which such member is appointed. 89 Sec. 5. Subsection (a) of section 45a-594 of the general statutes is 90 repealed and the following is substituted in lieu thereof (Effective January 91 1, 2026): 92 (a) Compensation payable to the conservator or guardian of any 93 person who is supported wholly or in part by the state in any humane 94 institution, or who is receiving benefits under any of the state's 95 programs of public assistance, shall be based upon services rendered 96 and shall not exceed five per cent of the gross income to the estate 97 during the period covered by any account. The conservator or guardian 98 shall be entitled to compensation of not less than fifty dollars for any 99 accounting period continuing for at least a year. If extraordinary 100 services are rendered by any conservator or guardian, the court of 101 probate, upon petition and hearing, may authorize reasonable 102 additional compensation. [A copy of the petition and notice of hearing 103 shall be lodged in the office of the Commissioner of Administrative 104 Services in Hartford at least ten days before the hearing.] No 105 commission or compensation shall be allowed on any moneys or other 106 assets received from a prior guardian or conservator nor upon any 107 amount received from liquidation of loans or other investments. 108 Raised Bill No. 1432 LCO No. 5022 5 of 13 Sec. 6. Section 45a-630 of the general statutes is repealed and the 109 following is substituted in lieu thereof (Effective January 1, 2026): 110 In the case of any application for the appointment of a guardian of 111 the estate of a minor pursuant to the provisions of sections 45a-132, 45a-112 593 to 45a-597, inclusive, 45a-603 to 45a-622, inclusive, and 45a-629 to 113 45a-638, inclusive, the application shall state that such minor either is, 114 or is not, receiving aid or care from the state, whichever is true. [, and a 115 copy of each application which states the minor is receiving such aid or 116 care shall be sent by the court to the Commissioner of Administrative 117 Services at least ten days in advance of any hearing on such application. 118 Said commissioner or his designee may participate at any hearing on 119 such application.] 120 Sec. 7. Section 45a-646 of the general statutes is repealed and the 121 following is substituted in lieu thereof (Effective January 1, 2026): 122 Any person may petition the Probate Court in the district in which he 123 or she resides, is domiciled or is located at the time the petition for 124 voluntary representation is filed either for the appointment of a 125 conservator of the person or a conservator of the estate, or both. If the 126 petition excuses bond, no bond shall be required by the court unless 127 later requested by the respondent or unless facts are brought to the 128 attention of the court that a bond is necessary for the protection of the 129 respondent. Upon receipt of the petition, the court shall set a time and 130 place for hearing and shall give such notice as it may direct to the 131 petitioner, the petitioner's spouse, if any, [the Commissioner of 132 Administrative Services, if the respondent is receiving aid or care from 133 the state,] and to other interested parties, if any. After seeing the 134 respondent in person and hearing his or her reasons for the petition and 135 after explaining to the respondent that granting the petition will subject 136 the respondent or respondent's property, as the case may be, to the 137 authority of the conservator, the court may grant voluntary 138 representation and thereupon shall appoint a conservator of the person 139 or estate or both, and shall not make a finding that the petitioner is 140 Raised Bill No. 1432 LCO No. 5022 6 of 13 incapable. The conservator of the person or estate or both, shall have all 141 the powers and duties of a conservator of the person or estate of an 142 incapable person appointed pursuant to section 45a-650. If the 143 respondent subsequently becomes disabled or incapable, the authority 144 of the conservator shall not be revoked as a result of such disability or 145 incapacity. 146 Sec. 8. Section 45a-649 of the general statutes is repealed and the 147 following is substituted in lieu thereof (Effective January 1, 2026): 148 (a) (1) Upon an application for involuntary representation, the court 149 shall issue a citation to the following enumerated parties to appear 150 before it at a time and place named in the citation, which shall be served 151 on the parties at least ten days before the hearing date, or in the case of 152 an application made pursuant to section 17a-543 or 17a-543a, at least 153 seven days before the hearing date. Except as provided in subsection (c) 154 of section 45a-648, or unless continued by the court for cause shown, the 155 hearing on an application under this section shall be held not more than 156 thirty days after the receipt of the application by the Probate Court. 157 Notice of the hearing shall be sent not more than thirty days after receipt 158 of the application. In addition to such notice, (A) notice for a matter 159 brought under sections 45a-667g to 45a-667o, inclusive, shall be given in 160 the manner provided in section 45a-667n, and (B) notice for a matter 161 brought under section 45a-667p shall be given in the manner provided 162 in section 45a-667q. 163 (2) (A) The court shall direct that personal service of the citation be 164 made, by a state marshal, constable or an indifferent person, upon the 165 respondent and the respondent's spouse, if any, if the spouse is not the 166 applicant. Notwithstanding the provisions of this subparagraph, in 167 cases where the application is for involuntary representation pursuant 168 to section 17b-456, and there is no spouse or the whereabouts of the 169 spouse is unknown, the court shall order notice by certified mail to the 170 children of the respondent and if none, the parents of the respondent 171 and if none, the brothers and sisters of the respondent or their 172 Raised Bill No. 1432 LCO No. 5022 7 of 13 representatives, and if none, the next of kin of such respondent. (B) 173 Except for the respondent, if the address of any other person entitled to 174 personal service is unknown, or if personal service or service at the 175 person's usual place of abode cannot be reasonably effected within the 176 state, or if the person is out of the state, the judge or the clerk of the court 177 shall order notice be given by registered or certified mail, return receipt 178 requested, or by publication not less than ten days before the date of the 179 hearing. Any such publication shall be in a newspaper of general 180 circulation in the place of the last known address of the person to be 181 notified, whether within or without this state, or if no such address is 182 known, in the place where the petition has been filed. 183 (3) The court shall order such notice as it directs to the following: (A) 184 The applicant; (B) the person in charge of welfare in the town where the 185 respondent is domiciled or resident and, if there is no such person, the 186 first selectman or chief executive officer of the town if the respondent is 187 receiving assistance from the town; (C) the Commissioner of Social 188 Services, if the respondent is in a state-operated institution or receiving 189 aid, care or assistance from the state; (D) the Commissioner of Veterans 190 Affairs if the respondent is receiving veterans' benefits or the Veterans 191 Residential Services facility, or both, if the respondent is receiving aid 192 or care from said facility, or both; (E) [the Commissioner of 193 Administrative Services, if the respondent is receiving aid or care from 194 the state; (F)] the children of the respondent and if none, the parents of 195 the respondent and if none, the brothers and sisters of the respondent 196 or their representatives and if none, the next of kin of the respondent; 197 and [(G)] (F) the person in charge of the hospital, nursing home or some 198 other institution, if the respondent is in a hospital, nursing home or 199 some other institution. 200 (4) The court, in its discretion, may order such notice as it directs to 201 other persons having an interest in the respondent and to such persons 202 the respondent requests be notified. 203 (5) If personal service of the notice required in subsection (b) of this 204 Raised Bill No. 1432 LCO No. 5022 8 of 13 section is not made as required in subdivision (2) of this subsection, the 205 court shall be deprived of jurisdiction over the application. 206 (b) The notice required by subdivision (2) of subsection (a) of this 207 section shall specify (1) the nature of involuntary representation sought 208 and the legal consequences thereof, (2) the facts alleged in the 209 application, (3) the date, time and place of the hearing, and (4) that the 210 respondent has a right to be present at the hearing and has a right to be 211 represented by an attorney of the respondent's choice at the 212 respondent's own expense. The notice shall also include a statement in 213 boldface type of a minimum size of twelve points in substantially the 214 following form: 215 "POSSIBLE CONSEQUENCES OF THE APPOINTMENT 216 OF A CONSERVATOR FOR YOU 217 This court has received an application to appoint a conservator for 218 you. A conservator is a court-appointed legal guardian who may be 219 assigned important decision-making authority over your affairs. If the 220 application is granted and a conservator is appointed for you, you will 221 lose some of your rights. 222 A permanent conservator may only be appointed for you after a court 223 hearing. You have the right to attend the hearing on the application for 224 appointment of a permanent conservator. If you are not able to access 225 the court where the hearing will be held, you may request that the 226 hearing be moved to a convenient location, even to your place of 227 residence. 228 You should have an attorney represent you at the hearing on the 229 application. If you are unable to obtain an attorney to represent you at 230 the hearing, the court will appoint an attorney for you. If you are unable 231 to pay for representation by an attorney, the court will pay attorney fees 232 as permitted by the court's rules. Even if you qualify for payment of an 233 attorney on your behalf, you may choose an attorney if the attorney will 234 Raised Bill No. 1432 LCO No. 5022 9 of 13 accept the attorney fees permitted by the court's rules. 235 If, after a hearing on the application, the court decides that you lack 236 the ability to care for yourself, pay your bills or otherwise manage your 237 affairs, the court may review any alternative plans you have to get 238 assistance to handle your own affairs that do not require appointment 239 of a conservator. If the court decides that there are no adequate 240 alternatives to the appointment of a conservator, the court may appoint 241 a conservator and assign the conservator responsibility for some or all 242 of the duties listed below. While the purpose of a conservator is to help 243 you, you should be aware that the appointment of a conservator limits 244 your rights. Among the areas that may be affected are: 245 - Accessing and budgeting your money 246 - Deciding where you live 247 - Making medical decisions for you 248 - Paying your bills 249 - Managing your real and personal property 250 You may participate in the selection of your conservator. If you have 251 already designated a conservator or if you inform the court of your 252 choice for a conservator, the court must honor your request unless the 253 court decides that the person designated by you is not appropriate. 254 The conservator appointed for you may be a lawyer, a public official 255 or someone whom you did not know before the appointment. The 256 conservator will be required to make regular reports to the court about 257 you. The conservator may charge you a fee, under the supervision of the 258 court, for being your conservator." 259 (c) Notice to all other persons required by this section shall only be 260 required to state that involuntary representation is sought, the nature of 261 the involuntary representation sought, the legal consequences of the 262 Raised Bill No. 1432 LCO No. 5022 10 of 13 involuntary representation and the date, time and place of the hearing 263 on the application for involuntary representation. 264 (d) If the respondent is unable to request or obtain an attorney for any 265 reason, the court shall appoint an attorney to represent the respondent 266 in any proceeding under this title involving the respondent. If the 267 respondent is unable to pay for the services of such attorney, the 268 reasonable compensation for such attorney shall be established by, and 269 paid from funds appropriated to, the Judicial Department, except that if 270 funds have not been included in the budget of the Judicial Department 271 for such purposes, such compensation shall be established by the 272 Probate Court Administrator and paid from the Probate Court 273 Administration Fund. 274 (e) If the respondent notifies the court in any manner that the 275 respondent wants to attend the hearing on the application but is unable 276 to do so, the court shall schedule the hearing on the application at a place 277 that would facilitate attendance by the respondent. 278 Sec. 9. Section 45a-652 of the general statutes is repealed and the 279 following is substituted in lieu thereof (Effective January 1, 2026): 280 In the case of any application for the appointment of a conservator of 281 the estate, as said terms are defined in section 45a-644, and, in the case 282 of any application for involuntary representation, as defined in 283 subsection (d) of section 45a-644, the application shall state that the 284 respondent, as defined in subsection (e) of section 45a-644, either is or is 285 not, receiving such aid or care from the state, whichever is true. [, and a 286 copy of each application which states the respondent is receiving such 287 aid or care shall be sent by the court to the Commissioner of 288 Administrative Services, in accordance with the provisions of 289 subsection (a) of section 45a-649 or section 45a-646, as the case may be.] 290 Sec. 10. Subsection (e) of section 45a-655 of the general statutes is 291 repealed and the following is substituted in lieu thereof (Effective January 292 1, 2026): 293 Raised Bill No. 1432 LCO No. 5022 11 of 13 (e) Upon application of a conservator of the estate, after a hearing 294 with notice to the [Commissioner of Administrative Services, the] 295 Commissioner of Social Services and to all parties who may have an 296 interest as determined by the court, the court may authorize the 297 conservator to make gifts or other transfers of income and principal 298 from the estate of the conserved person in such amounts and in such 299 form, outright or in trust, whether to an existing trust or a court-300 approved trust created by the conservator, as the court orders to or for 301 the benefit of individuals, including the conserved person, and to or for 302 the benefit of charities, trusts or other institutions described in Sections 303 2055(a) and 2522(a) of the Internal Revenue Code of 1986, or any 304 corresponding internal revenue code of the United States, as from time 305 to time amended. Such gifts or transfers shall be authorized only if the 306 court finds that: (1) In the case of individuals not related to the 307 conserved person by blood or marriage, the conserved person had made 308 a previous gift to that unrelated individual prior to being declared 309 incapable; (2) in the case of a charity, either (A) the conserved person 310 had made a previous gift to such charity, had pledged a gift in writing 311 to such charity, or had otherwise demonstrated support for such charity 312 prior to being declared incapable; or (B) the court determines that the 313 gift to the charity is in the best interests of the conserved person, is 314 consistent with proper estate planning, and there is no reasonable 315 objection by a party having an interest in the conserved person's estate 316 as determined by the court; (3) the estate of the conserved person and 317 any proposed trust of which the conserved person is a beneficiary is 318 more than sufficient to carry out the duties of the conservator as set forth 319 in subsections (a) and (b) of this section, both for the present and 320 foreseeable future, including due provision for the continuing proper 321 care, comfort and maintenance of such conserved person in accordance 322 with such conserved person's established standard of living and for the 323 support of persons the conserved person is legally obligated to support; 324 (4) the purpose of the gifts is not to diminish the estate of the conserved 325 person so as to qualify the conserved person for federal or state aid or 326 benefits; and (5) in the case of a conserved person capable of making an 327 Raised Bill No. 1432 LCO No. 5022 12 of 13 informed decision, the conserved person has no objection to such gift. 328 The court shall give consideration to the following: (A) The medical 329 condition of the conserved person, including the prospect of restoration 330 to capacity; (B) the size of the conserved person's estate; (C) the 331 provisions which, in the judgment of the court, such conserved person 332 would have made if such conserved person had been capable, for 333 minimization of income and estate taxes consistent with proper estate 334 planning; and (D) in the case of a trust, whether the trust should be 335 revocable or irrevocable, existing or created by the conservator and 336 court approved. The court should also consider the provisions of an 337 existing estate plan, if any. In the case of a gift or transfer in trust, any 338 transfer to a court-approved trust created by the conservator shall be 339 subject to continuing probate court jurisdiction in the same manner as a 340 testamentary trust including periodic rendering of accounts pursuant to 341 section 45a-177. Notwithstanding any other provision of this section, the 342 court may authorize the creation and funding of a trust that complies 343 with section 1917(d)(4) of the Social Security Act, 42 USC 1396p(d)(4), as 344 from time to time amended. The provisions of this subsection shall not 345 be construed to validate or invalidate any gifts made by a conservator 346 of the estate prior to October 1, 1998. 347 Sec. 11. Section 112 of public act 23-205 is repealed. (Effective from 348 passage) 349 Sec. 12. Section 4a-57e of the general statutes is repealed. (Effective 350 from passage) 351 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2025 4b-23(i) Sec. 2 July 1, 2025 4b-34(a) Sec. 3 July 1, 2025 4b-24b(a) Sec. 4 July 1, 2025 4b-56(a) Sec. 5 January 1, 2026 45a-594(a) Sec. 6 January 1, 2026 45a-630 Raised Bill No. 1432 LCO No. 5022 13 of 13 Sec. 7 January 1, 2026 45a-646 Sec. 8 January 1, 2026 45a-649 Sec. 9 January 1, 2026 45a-652 Sec. 10 January 1, 2026 45a-655(e) Sec. 11 from passage Repealer section Sec. 12 from passage Repealer section Statement of Purpose: To increase the threshold for requiring approval of projects by the State Properties Review Board from one hundred thousand dollars to three hundred thousand dollars, increase the thresholds for state construction services selection panel projects, require online rather than newspaper advertising for state real estate space needs, remove required notification to the Department of Administrative Services for certain Probate Court proceeding notices and eliminate quarterly reporting on two projects. [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.]