Connecticut 2025 2025 Regular Session

Connecticut Senate Bill SB01432 Introduced / Bill

Filed 02/27/2025

                         
 
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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repealed and the following is substituted in lieu thereof (Effective July 1, 2 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     
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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     
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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     
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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     
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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     
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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     
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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     
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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     
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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     
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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     
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(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     
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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     
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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.]