SB 839

Version: File+No.+450+R000450+FC
Author: Judiciary Committee

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Senate

January Session, 2019

Senate Bill No. 839

Senate, April 4, 2019

The Committee on Judiciary reported through SEN. WINFIELD of the 10th Dist., Chairperson of the Committee on the part of the Senate, that the bill ought to pass.

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:

1Section 1. Subdivision (8) of subsection (a) of section 1-351 of the

2general statutes is repealed and the following is substituted in lieu

3thereof (Effective October 1, 2019):

4(8) Exercise all powers the principal may have over any of the

5principal's digital device, digital asset, user account and electronically

6stored information, including any user account and digital asset that

7currently exists or may exist as technology develops, whether the same

8is in the principal's name or that the principal owns or lawfully uses

9jointly with any other individual; such powers include, but are not

10limited to, changing and circumventing the principal's username and

11password to gain access to such user accounts and information;

12transferring or withdrawing funds or other assets among or from such

13user accounts; and opening new user accounts in the principal's name,

14all as the agent determines is necessary or advisable. The principal

15 may give the principal's lawful consent and [authorizes] authorize the 16 agent to access, manage, control, delete and terminate any 17 electronically stored information and communications of the principal 18 to the extent fully allowable under the federal Electronic

19Communications Privacy Act of 1986, 18 USC 2510 et seq., as amended

20from time to time, the Connecticut Revised Uniform Fiduciary Access

21to Digital Assets Act, and any other federal, state or international

22privacy law or other law. The agent is authorized to take any actions

23the principal is authorized to take under all applicable terms of service,

24terms of use, licensing and other account agreements or laws. To the

25extent a specific reference to any federal, state, local or international

26law is required in order to give effect to the provisions of this

27subdivision, the principal may provide that the principal's intention is

28to so reference such law, whether such law is now in existence or

29comes into existence or is amended after the date of execution of the

30power of attorney; or

31Sec. 2. Section 7-45 of the general statutes is repealed and the

32following is substituted in lieu thereof (Effective October 1, 2019):

33Each person making any certificate of birth, marriage, civil union,

34 death or fetal death, or any copy of such certificate for the

35commissioner, or any sexton's report required by law, shall cause the

36same to be typewritten or printed in a legible manner as to all material

37information or facts required by the provisions of sections 7-48, 7-60, 7-

3862b, 46b-25 [,] and 46b-29 and contained in such certificate. If the

39certificate is in paper format, such person shall sign the certificate in

40black ink, shall state therein in what capacity such person so signs, and

41shall type or print in a legible manner the name of each person signing

42such certificate, under such person's signature. If the certificate is in an

43 electronic format, such certificate shall be authenticated by the

44electronic vital records system of the department. Any certificate not

45complying with the requirements of this section shall be returned by

46the registrar with whom it is filed to the person making the same for

47the proper correction.

48Sec. 3. Subdivision (4) of subsection (e) of section 10a-109n of the

49general statutes is repealed and the following is substituted in lieu

50thereof (Effective October 1, 2019):

51(4) (A) Any hearing regarding all or any part of any project,

52provided for by this section, shall be conducted by the particular

53commissioner having jurisdiction over the applicable license, permit,

54approval or other administrative action. Legal notice of such hearing

55shall be published in a newspaper having general circulation in an area

56which includes the municipality in which the particular part of such

57project is proposed to be built or is being built not more than ten nor

58less than five days in advance of such hearing.

59(B) In rendering any decision in connection with any project, the

60commissioner shall weigh all competent material and substantial

61evidence presented by the applicant and the public in accordance with

62the applicable statute. The commissioner shall issue written findings

63and determinations upon which [its] the commissioner's decision is

64based. Such findings and determinations shall consist of evidence

65 presented, including such matters as the commissioner deems

66appropriate, provided such matters, to the extent applicable to the

67particular permit, shall include the nature of any major adverse health

68and environmental impact of any project. The commissioner may

69 reverse or modify any order or action at any time on the

70commissioner's own motion. The procedure for such reversal or

71modification shall be the same as the procedure for the original

72proceeding.

73(C) Any administrative action taken by any commissioner in

74connection with any project may be appealed by an aggrieved party to

75the superior court for the judicial district of New Britain in accordance

76with the provisions of section 4-183, except as otherwise provided in

77sections 10a-109a to 10a-109y, inclusive. Such appeal shall be brought

78[within] not later than ten days [of] after the date of mailing to the

79parties to the proceeding of a notice of such order, decision or action

80by certified mail, return receipt requested, and the appellant shall

81serve a copy of the appeal on each party listed in the final decision at

82the address shown in such decision. Failure to make such service

83within such ten days on parties other than the commissioner who

84rendered the final decision may not, in the discretion of the court,

85deprive the court of jurisdiction over such appeal. Within ten days

86after the service of such appeal, or within such further time as may be

87allowed by the court, the commissioner [which] who rendered such

88decision shall cause any portion of the record that had not been

89transcribed to be transcribed and shall cause either the original or a

90certified copy of the entire record of the proceeding appealed from to

91be transmitted to the reviewing court. Such record shall include the

92commissioner's findings of fact and conclusions of law, separately

93stated. If more than one commissioner has jurisdiction over the matter,

94such commissioners shall issue joint findings of fact and conclusions of

95law. Such appeal shall state the reasons upon which it is predicated

96 and, notwithstanding any [provisions] provision of the general

97statutes, [to the contrary,] shall not stay the development of any

98project. The commissioner [which] who rendered such decision shall

99appear as the respondent. Such appeals to the superior court shall each

100be privileged matters and shall be heard as soon after the return date

101as practicable. A court shall render its decision not later than twenty-

102one days after the date that the entire record, with the transcript, is

103filed with the court by the commissioner who rendered the decision.

104(D) The court shall not substitute its judgment for that of the

105commissioner as to the weight of the evidence presented on a question

106of fact. The court shall affirm the decision of the commissioner unless

107the court finds that substantial rights of the party appealing such

108decision have been materially prejudiced because the findings,

109inferences, conclusions or decisions of the commissioner are: (i) In

110violation of constitutional or statutory provisions, (ii) in excess of the

111statutory authority of the commissioner, (iii) made upon unlawful

112procedure, (iv) affected by an error of law, (v) clearly erroneous in

113view of the reliable, probative and substantial evidence on the whole

114record, or (vi) arbitrary, capricious or characterized by abuse of

115discretion or clearly unwarranted exercise of discretion.

116(E) If the court finds material prejudice, it may sustain the appeal.

117Upon sustaining an appeal, the court may render a judgment which

118modifies the decision of the commissioner, orders particular action of

119the commissioner or orders the commissioner to take such action as

120may be necessary to effect a particular action and the commissioner

121may issue a permit consistent with such judgment. Notwithstanding

122the foregoing, an applicant may file an amended application and the

123commissioner may, pursuant to the procedures set forth in sections

12410a-109a to 10a-109y, inclusive, consider an amended application for

125an order, permit or other administrative action following court action.

126(F) Notwithstanding the provisions of section 3-125, in consultation

127with the Attorney General, the university [is authorized and] may use

128the legal services of any private attorney, in connection with the

129construction, operation and maintenance of any project. The board of

130trustees shall determine the effective and efficient method or methods

131of legal services to accomplish the construction, operation and

132maintenance of all projects, taking into account the capacity, cost and

133expense of private counsel for such services and the capacity and

134direct and indirect cost and expense of and identified by the Attorney

135General for such services.

136Sec. 4. Section 10-241c of the general statutes is repealed and the

137following is substituted in lieu thereof (Effective October 1, 2019):

138Notwithstanding any special act, municipal charter or home rule

139ordinance, the legislative body of a municipality, or in the case of a

140municipality for which the legislative body is a town meeting or a

141representative town meeting, the board of selectmen, and the local

142board of education for such municipality shall consult when possible

143regarding the joint purchasing of property insurance, casualty

144insurance and workers' compensation insurance. For the purpose of

145 this section, "municipality" means any town, city, borough,

146consolidated town and city or consolidated town and borough.

147Sec. 5. Section 10-241d of the general statutes is repealed and the

148following is substituted in lieu thereof (Effective October 1, 2019):

149Any local board of education for a municipality, after going out to

150bid for a good or service and receiving submissions, shall consult with

151 the legislative body of such municipality, or in the case of a

152municipality for which the legislative body is a town meeting or a

153 representative town meeting, the board of selectmen, if such

154municipality provides or uses such good or service, and, if the

155equivalent level of such good or service is provided by such

156municipality or through a municipal contract for a lower cost than the

157lowest qualified bid submission received by such local board of

158education, such board of education shall consider a cooperative

159agreement with such municipality for the provision of such good or

160service. For purposes of this section, "good or service" includes, but is

161not limited to, portable classrooms, motor vehicles or materials and

162equipment, such as telephone systems, computers and copy machines.

163Sec. 6. Section 10-241e of the general statutes is repealed and the

164following is substituted in lieu thereof (Effective October 1, 2019):

165Each local board of education for a municipality shall consult with

166 the legislative body of such municipality, or in the case of a

167municipality for which the legislative body is a town meeting or a

168representative town meeting, the board of selectmen, prior to

169purchasing payroll processing or accounts payable software systems to

170determine whether such systems may be purchased or shared on a

171regional basis.

172Sec. 7. Subsection (b) of section 16-50l of the general statutes is

173repealed and the following is substituted in lieu thereof (Effective

174October 1, 2019):

175(b) Each application shall be accompanied by proof of service of a

176copy of such application on: (1) Each municipality in which any

177portion of such facility is to be located, both as primarily proposed and

178in the alternative locations listed, and any adjoining municipality

179having a boundary not more than two thousand five hundred feet

180from such facility, which copy shall be served on the chief executive

181officer of each such municipality and shall include notice of the date on

182 or about which the application is to be filed, and the zoning 183 commissions, planning commissions, planning and zoning

184commissions, conservation commissions and inland wetlands agencies

185of each such municipality, and the regional councils of governments

186which encompass each such municipality; (2) the Attorney General; (3)

187each member of the legislature in whose assembly or senate district the

188facility or any alternative location listed in the application is to be

189located; (4) any agency, department or instrumentality of the federal

190government that has jurisdiction, whether concurrent with the state or

191otherwise, over any matter that would be affected by such facility; (5)

192each state department, agency and commission named in subsection

193[(h)] (g) of section 16-50j; and (6) such other state and municipal bodies

194as the council may by regulation designate. A notice of such

195application shall be given to the general public, in municipalities

196entitled to receive notice under subdivision (1) of this subsection, by

197the publication of a summary of such application and the date on or

198about which it will be filed. Such notice shall be published under the

199regulations to be promulgated by the council, in such form and in such

200newspapers as will serve substantially to inform the public of such

201application and to afford interested persons sufficient time to prepare

202for and to be heard at the hearing prescribed in section 16-50m. Such

203notice shall be published in not less than ten-point type. A notice of

204such an application for a certificate for a facility described in

205subdivision (3), (4), (5) or (6) of subsection (a) of section 16-50i shall

206also be sent, by certified or registered mail, to each person appearing of

207record as an owner of property which abuts the proposed primary or

208alternative sites on which the facility would be located. Such notice

209shall be sent at the same time that notice of such application is given to

210the general public. Notice of an application for a certificate for a facility

211described in subdivision (1) of subsection (a) of section 16-50i shall also

212be provided to each electric distribution company customer in the

213municipality where the facility is proposed to be placed. Such notice

214shall (A) be provided on a separate enclosure with each customer's

215monthly bill for one or more months, (B) be provided by the electric

216distribution company not earlier than sixty days prior to filing the

217application with the council, but not later than the date that the

218application is filed with the council, and (C) include: A brief

219description of the project, including its location relative to the affected

220municipality and adjacent streets; a brief technical description of the

221project including its proposed length, voltage, and type and range of

222heights of support structures or underground configuration; the reason

223for the project; the address and a toll-free telephone number of the

224applicant by which additional information about the project can be

225obtained; and a statement in print no smaller than twenty-four-point

226type size stating "NOTICE OF PROPOSED CONSTRUCTION OF A

227HIGH VOLTAGE ELECTRIC TRANSMISSION LINE".

228Sec. 8. Section 18-87 of the general statutes is repealed and the

229following is substituted in lieu thereof (Effective October 1, 2019):

230The Commissioner of Correction may transfer any inmate of any of

231the institutions of the Department of Correction to any other

232 appropriate state institution with the concurrence of the

233superintendent of such institution or to the Court Support Services

234Division of the Judicial Branch when the Commissioner of Correction

235finds that the welfare or health of the inmate requires it. When an

236inmate, after the expiration of his or her sentence, is committed to or

237 otherwise remains in the institution to which he or she was

238transferred, the expense of his or her treatment and support shall be

239paid as provided by sections 17b-122, 17b-124 to 17b-132, inclusive,

24017b-136 to 17b-138, inclusive, 17b-194 to 17b-197, inclusive, 17b-222 to

24117b-250, inclusive, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, 17b-

242689b, and 17b-743 to 17b-747, inclusive. No transfer of any person who

243has attained the age of eighteen years shall be made to the Court

244Support Services Division of the Judicial Branch. No transfer of any

245person who has not attained the age of eighteen years shall be made to

246the Court Support Services Division of the Judicial Branch unless the

247executive director of the Court Support Services Division of the

248Judicial Branch finds that such person would benefit from a transfer to

249the Court Support Services Division of the Judicial Branch and agrees

250to accept such person and such person has given such person's written

251consent to such transfer. Such person transferred to the Court Support

252Services Division of the Judicial Branch shall be deemed to be

253committed to the custody of the executive director of the Court

254Support Services Division of the Judicial Branch. The executive

255director of the Court Support Services Division of the Judicial Branch

256shall have the power to terminate the commitment and release such

257person at any time the executive director of the Court Support Services

258Division of the Judicial Branch determines such termination and

259release would be in such person's best interest, and shall have the

260power to return such person to the jurisdiction of the Commissioner of

261Correction. The transfer of any person under this section to the [the]

262Court Support Services Division of the Judicial Branch shall not result

263in the person so transferred being in the custody of the Commissioner

264of Correction and the executive director of the Court Support Services

265Division of the Judicial Branch for a total of less than the minimum or

266more than the maximum term such person would have been in the

267custody of the Commissioner of Correction had such person not been

268so transferred.

269Sec. 9. Section 45a-234 of the general statutes is repealed and the

270following is substituted in lieu thereof (Effective October 1, 2019):

271Powers. [-] The following powers may be incorporated by reference

272as provided in sections 45a-233 and 45a-236:

273(1) Retain Original Property. [-] To retain for such time as the

274fiduciary shall deem advisable any property, real, personal or mixed,

275which the fiduciary may receive, even though the retention of such

276property by reason of its character, amount, proportion to the total

277estate or otherwise would not be appropriate for the fiduciary apart

278from this provision. The fiduciary shall not retain non-income-

279producing property in a trust intended to qualify for the marital

280deduction without the consent of the life beneficiary of [said] such

281trust or [his] the life beneficiary's legal representative, including [his]

282the life beneficiary's guardian or conservator.

283(2) Sell, Mortgage or Exchange Property. [-] To sell, exchange, alter,

284 assign, transfer, grant options to buy, sign real estate listing

285agreements; to convey, pledge, hypothecate; and to mortgage, lease

286and sublease, even beyond the period of the estate or any trust; to

287partition or otherwise dispose of any property or interest therein; to do

288any of such acts without an order of any court, at public or private sale

289or otherwise, upon such terms and conditions, including credit, and

290for such consideration as the fiduciary shall deem advisable; to transfer

291and convey the property or any interest therein, in fee simple absolute

292or otherwise free of all trusts. The receipts of the fiduciary for moneys

293or things paid or delivered shall be effective discharges therefrom to

294the persons paying or delivering the same and no one either dealing

295with the fiduciary or from whom the fiduciary shall receive any

296money, property or other credit shall be required to see to the

297application thereof or shall be under any duty to follow the proceeds

298or other consideration received by the fiduciary from such sale or

299exchange. No one dealing with the fiduciary, or with any real, personal

300or mixed property which is or was estate or trust property, shall be

301bound to ascertain or inquire as to the existence or occurrence of any

302event or purpose in or for which a sale is herein authorized or directed

303or otherwise as to the purpose or regularity of any acts of the fiduciary

304purporting to be done in pursuance of any other provisions or powers

305herein incorporated or granted.

306(3) Invest and Reinvest. [-] To invest and reinvest, as the fiduciary

307shall deem advisable, in stocks of any class, bonds, debentures, notes,

308mortgages or other securities as well as in investment trusts, mutual

309funds and common trust funds, to open accounts in any type of

310commercial or savings bank, savings and loan association, credit union

311or similar organization or company, whether within or without the

312state of Connecticut and to acquire by lease or purchase any interest in

313real property or real estate investment trusts whether such investment

314is in or outside the state of Connecticut or the United States and even

315though such investment shall not be of the character approved by

316applicable law but for this provision. Notwithstanding any other

317provisions to the contrary, neither a trustee of an irrevocable trust,

318intended to qualify for the federal gift tax exclusion as a gift of a

319present interest under Section 2503(b) or 2503(c) of the [Federal]

320Internal Revenue Code of 1986, or any subsequent corresponding

321internal revenue code of the United States, as amended from time to

322time, [amended,] nor the trustee of a trust providing for payment of all

323income therefrom to the life beneficiary, including a QTIP trust, may

324 under any circumstances invest or reinvest in unproductive,

325underproductive or non-income-producing property, or acquire any

326life insurance, endowments or annuities unless explicitly so authorized

327in the trust instrument.

328(4) Invest Without Diversification. [-] To make investments which

329cause a greater proportion of the total property held by the fiduciary to

330be invested in investments of one kind than would be considered

331appropriate for the fiduciary apart from this provision.

332(5) Exercise Stock Options. [-] To exercise any stock options owned

333by the testator or settlor at [his] the testator's or settlor's death or

334acquired by or held in any trust, to borrow money and pledge any

335assets, including stock acquired by the exercise thereof, to obtain funds

336for the exercise thereof, to retain any stock purchased by the exercise of

337such options for such time as the fiduciary deems advisable, and to

338exercise all other powers in respect of such stock as though such stock

339formed a part of the estate at the time of death or a part of any trust.

340(6) Pay Taxes and Expenses. [-] To pay taxes; to pay calls,

341assessments and any other sums chargeable or accruing against or on

342account of shares of stock, debentures or other corporate securities in

343the hands of a fiduciary, whenever such payment may be legally

344enforceable against the fiduciary or any property of the estate or trust,

345or if the fiduciary deems payment expedient and for the best interests

346of the estate or trust; to pay for repairs and other expenses incurred in

347the management, collection, care, administration and protection of the

348trust or estate including fiduciary compensation and attorneys' fees.

349(7) Receive Property. [-] To receive any property, real or personal,

350from any source and administer such property as a portion of any

351appropriate trust or estate under the management of the fiduciary. The

352fiduciary, in its sole discretion, and at the expense of the trust or estate,

353may inspect, investigate, cause to be inspected or cause to be

354investigated, property that the fiduciary has been asked to hold or that

355would in any way be an addition to the estate or trust, or property

356owned or operated by an entity in which the fiduciary has been asked

357to hold an interest, for the purpose of determining the potential

358application of any federal, state, local or foreign environmental law,

359rule or regulation to such property. The taking of any action under this

360subdivision is not evidence that the fiduciary has accepted any

361addition to the estate or trust.

362(8) Borrow Money. [-] To borrow money and to assume

363indebtedness for such periods of time and upon such terms and

364conditions as to rates, maturities, renewals, and security as the

365fiduciary shall deem advisable, including the powers of a corporate

366fiduciary to borrow from its own banking department, for the purpose

367of paying debts, taxes, administration expenses, or other charges

368against the estate or any trust, or any part thereof, and to mortgage,

369pledge or otherwise encumber such portion of the estate or any trust as

370may be required to secure such loan or loans, and to renew existing

371loans either as maker or endorser.

372(9) Vote Shares. [-] To vote shares of stock owned by the estate or

373owned by any trust at stockholders' meetings in person or by special,

374limited, or general proxy, with or without power of substitution.

375(10) Register in Name of Nominee. [-] To hold any investment in the

376name of a nominee or in any form in which title will pass by delivery,

377but the fiduciary shall be liable for any act of the nominee in

378connection with the investment so held. Any corporation or its transfer

379agent may presume conclusively that the nominee is the actual owner

380of securities submitted for transfer.

381(11) Use of Private Nominees. [-] To form a general or limited

382partnership or partnerships under any name or names of the

383fiduciary's selection for the purpose of taking and holding title to all or

384any of the assets comprising the estate or trust property and for

385becoming the named beneficiary of any or all of the insurance policies

386therein; [said] such partnership or partnerships shall have the power to

387deposit, withdraw, sell, loan, mortgage, lease, assign, convey,

388exchange, transfer or deal with [said] such estate or trust property in

389all ways permitted to the fiduciary and to take any such action over the

390signature of only one partner or of the partnership itself; and any

391broker, bank, savings bank, savings and loan association, and any

392corporation or its transfer agent or registrar may presume conclusively

393that said partnership or partnerships are the actual owners of the bank

394deposits, savings and loan shares and securities registered in their

395names and submitted for transfer or reregistration.

396(12) Take and Exercise Options, Rights and Privileges. [-] To take

397options for acquisition of property, to exercise all options, rights, and

398privileges to convert stocks, bonds, debentures, notes, mortgages, or

399other property into other stocks, bonds, debentures, notes, mortgages,

400or other property; to subscribe for other or additional stocks, bonds,

401debentures, notes, mortgages, or other property; and to hold such

402stocks, bonds, debentures, notes, mortgages, or other property so

403acquired as investments of the estate or trust so long as the fiduciary

404shall deem advisable.

405(13) Participate in Reorganizations. [-] To unite with other owners of

406property similar to any which may be held at any time in the

407decedent's estate or in any trusts in carrying out any plan for the

408consolidation or merger, dissolution or liquidation, foreclosure, lease

409or sale of the property; incorporation or reincorporation, acquisition,

410recapitalization, reorganization or readjustment of the capital or

411financial structure of any corporation, company or association the

412securities of which may form any portion of an estate or trust; to

413become and serve as a member of a stockholders' or bondholders'

414protective committee; to deposit securities in accordance with any plan

415agreed upon; to pay any assessments, expenses, or sums of money that

416may be required for the protection or furtherance of the interest of the

417distributees of an estate or beneficiaries of any trust with reference to

418any such plan; and to receive as investments of any estate or any trust

419any securities issued as a result of the execution of such plan.

420(14) Renew and Extend Obligations. [-] To continue any obligation,

421whether secured or unsecured, upon and after maturity with a renewal

422or extension upon such terms as the fiduciary shall deem advisable,

423without regard to the value of the security, if any, at the time of such

424continuance, even though such continuance may extend beyond the

425period of the estate or of any trust.

426(15) Foreclose and Bid in. [-] To foreclose, as an incident to the

427collection of any bond, note or other obligation, any mortgage, deed of

428trust, or other lien securing such bond, note or other obligation, and to

429bid in the property at such foreclosure sale, or to acquire the property

430by deed from the mortgagor or obligor without foreclosure; and to

431retain the property so bid in or taken over without foreclosure.

432(16) Insure. [-] To carry such insurance coverage, including, but not

433limited to, public liability, fire, rent, title or casualty insurance for such

434hazards and in such amounts, either in stock companies or in mutual

435companies, as the fiduciary shall deem advisable. A fiduciary or a

436fiduciary's employee who is a director of any corporation, more than

437nineteen per cent of whose stock is held by the estate or any trust, may

438use estate or trust assets to purchase and pay premiums on insurance

439to indemnify himself or herself from liability resulting from acting

440with conflicting interests and from other acts in his or her capacity as a

441director.

442(17) Collect. [-] To collect, receive and give receipts for rents, issues,

443profits, and income of an estate or trust.

444(18) Litigate, Compromise or Abandon. [-] To compromise, adjust,

445arbitrate, sue on or defend, abandon, or otherwise deal with and settle

446claims in favor of or against the estate or trust as the fiduciary shall

447deem advisable, and the fiduciary's decision shall be conclusive

448between the fiduciary and the beneficiaries of the estate or trust in the

449absence of fraud, bad faith or gross negligence of the fiduciary. No

450beneficiary serving as a cofiduciary and no settlor serving as a

451fiduciary or cofiduciary may participate in any decision as to claims

452between him and the estate or trust. Any claim by a settlor or

453beneficiary serving as a cofiduciary shall be determined only by the

454other cofiduciary.

455(19) Employ and Compensate Agents, etc. [-] To employ and

456compensate persons deemed by the fiduciary needful to advise or

457assist in the proper settlement of the estate or administration of any

458trust including, but not limited to: Servants, agents, accountants,

459brokers, attorneys-at-law, attorneys-in-fact, real estate managers, rental

460agents, realtors, appraisers, and investment counsel, custodians and

461other professional advisors as reasonably may be required or desired

462in managing, protecting and investing the estate or any trusts without

463liability for any neglect, omission, misconduct, or default of such

464person provided such person was selected and retained with due care

465on the part of the fiduciary. If investment counsel is selected, which at

466the time of selection has a reputation in its community for competence

467and fair dealing, its selection and retention shall be considered as

468having been made with due care, provided the fiduciary continues to

469retain such counsel only so long as such counsel maintains [said] such

470reputation. Under [said] such circumstances, the fiduciary shall have

471 no investment responsibility whatever and may act without

472independent investigation upon the recommendations of any such

473person, without liability for any neglect, omission, misconduct, or

474default of such person.

475(20) Acquire and Hold Property of Two or More Trusts Undivided.

476[-] To acquire, receive, hold and retain the principal of several trusts

477created by a single instrument undivided until division shall become

478necessary in order to make a distribution; to hold, manage, invest,

479reinvest, and account for the several shares or parts of shares by

480appropriate entries in the fiduciary's books of account, and to allocate

481to each share or part of share its proportionate part of all receipts and

482expenses; provided, that the provisions of this subdivision shall not

483defer the vesting in possession of any share or part of share of the

484estate or trust.

485(21) Distribute in Cash or Kind. [-] To make distribution of assets of

486the estate or trust in kind or in cash, or partially in kind and partially

487in cash, in divided or undivided interests, provided shares may be

488composed differently and specific assets may be allocated to particular

489distributions; to make such distribution either upon final distribution

490or during one or more preliminary distributions, at the then current

491values, as the fiduciary finds to be most practicable and for the best

492interests of the distributees; and to make reasonable determinations of

493said values for the purpose of making distribution if there is more than

494one distributee thereof, which determination shall be binding upon the

495 distributees, provided no settlor serving as a fiduciary of an

496irrevocable trust and no beneficiary serving as a fiduciary of any trust

497shall have such power.

498(22) Pay to or for Minors or [Incompetents] Incompetent Persons. [-]

499To make payments in money or in property, to or for a minor or

500incompetent person in any one or more of the following ways: (A) To

501such minor or incompetent person directly, if the fiduciary in its sole

502and absolute discretion deems such payment advisable; (B) to apply

503directly in payment for the support, maintenance, education, and

504medical, surgical, hospital, or other institutional care of such minor or

505incompetent person; (C) to the legal or natural guardian of such minor

506or conservator of such incompetent person; (D) to any other person,

507whether or not appointed guardian of the person or conservator by

508any court, who shall, in fact have the care and custody of the person of

509such minor or incompetent person. The fiduciary shall not be under

510any duty to see to the application of the payments so made and the

511receipt by such person shall be full acquittance to the fiduciary.

512(23) Determine Income and Principal Questions. [-] To determine in

513accordance with applicable law, where not otherwise provided by

514Connecticut's Principal and Income Act, all questions with respect to

515the manner in which expenses and charges, including the fiduciary's

516compensation as such, are to be borne and receipts are to be credited as

517between principal and income.

518(24) Capital Gain from Mutual Funds. [-] The fiduciary is directed to

519allocate to principal all distributions representing capital gains

520received from the sale of securities held by regulated investment

521companies, real estate investment trusts or mutual funds owned by the

522trust.

523(25) Manage Real Property. [-] (A) To improve, manage, protect,

524develop, acquire and make additions to, exchange, and abandon any

525real property or any interest therein; (B) to dedicate to public use or,

526where legally permissible, to withdraw from such dedication, parks,

527streets, highways, or alleys; (C) to subdivide or resubdivide any real

528property; (D) to borrow money for the purposes authorized by this

529subdivision for such periods of time and upon such terms and

530conditions as to rates, maturities and renewals as the fiduciary shall

531deem advisable and to mortgage or otherwise encumber any such

532property or part thereof, whether in possession or reversion; (E) to

533lease or sublease any such property or part thereof to commence at the

534present or in the future, upon such terms and conditions, including

535options to renew or purchase, and for such period or periods of time as

536the fiduciary deems advisable, although such period or periods may

537extend beyond the duration of the trust or the administration of the

538estate involved; (F) to make gravel, sand, oil, gas and other mineral

539leases, subleases, contracts, licenses, conveyances or grants of every

540nature and kind which are lawful in the jurisdiction in which such

541property lies or to employ an ancillary fiduciary or fiduciaries so to act;

542(G) to manage and improve timber and forests on such property, to sell

543the timber and forest products, and to make grants, leases, and

544contracts with respect thereto; (H) to make, modify, renew or extend

545leases and subleases as lessor or lessee; (I) to employ agents to rent and

546collect rents; (J) to grant and create easements and release, convey, or

547assign any right, title, or interest with respect to any easement on real

548property or part thereof and enter into party wall agreements; (K) to

549erect, make repairs, replacements or improvements, structural or

550otherwise, or to renovate any building or other improvement on real

551property, and to alter, raze, remove or demolish any building or other

552improvement in whole or part; (L) to survey, partition, and adjust

553boundaries; and to make plats of any real property; and (M) to deal

554with any such property and every part thereof in all other ways and

555for such other purposes or considerations as would be lawful for any

556person owning the same.

557(26) Deal with Other Trusts. [-] In dealing with one or more other

558trusts, the fiduciary may sell property, real, personal or mixed to, or

559exchange property with, the trustee of any trust which the testator or

560the settlor or [his] the spouse or any child of [his] the testator or settlor

561has created, for such estates and upon such terms and conditions as to

562sale price, terms of payment, and security as the fiduciary shall deem

563advisable, and no fiduciary shall have any duty to follow the proceeds

564of any such sale, provided a fiduciary who is the settlor of an

565irrevocable trust or a fiduciary who is a spouse or child of the settlor or

566testator, whether or not the trust is irrevocable, shall not have such

567power, nor shall a fiduciary who is also a beneficiary of another trust

568have any such power to deal with the trust of which [he] the fiduciary

569is a beneficiary.

570(27) Make Advances. [-] In its sole and absolute discretion and

571without in any way being required so to do, to advance money for the

572protection of the trust or estate, and for all expenses, losses and

573liabilities sustained in the administration of the trust or estate or

574because of the holding or ownerships of any trust or estate assets, for

575which advances and any interest thereon the fiduciary shall have a lien

576on the assets of the trust or estate as against a beneficiary, and in its

577sole and absolute discretion and without in any way being required so

578to do, to advance, without provision for reimbursement, cash to the

579executor of the will or administrator of the estate of the testator or

580settlor or of his or her spouse if there are insufficient liquid assets to

581pay debts, taxes or administration expenses of the decedent, or of his

582or her deceased spouse.

583(28) Maintain Reserves. [-] To maintain reasonable reserves for

584depreciation, depletion, other than percentage depletion, and for

585amortization, and obsolescence.

586(29) Make Contracts and Execute Instruments; No Duty of Inquiry.

587[-] To make contracts and to execute instruments, under seal or

588otherwise, as may be necessary in the exercise of the powers herein

589granted. No party dealing with a fiduciary need inquire as to the

590existence or proper exercise of any power of [said] such fiduciary,

591whether said power is granted directly or incorporated by reference.

592(30) Perform Decedent's Executory Contracts. [-] The fiduciary may

593in its discretion, complete performance of the decedent's valid

594executory contracts which, at the time of [his] the decedent's death,

595had not been fully performed.

596(31) Use of Property by Distributee. [-] During the administration of

597the testator's estate, the fiduciary shall have the discretion to permit

598any beneficiary to have the use, possession, and enjoyment, without

599charge, of any real estate or tangible personal property devised,

600bequeathed or ultimately distributable to [said person] the beneficiary,

601so long as [he] the beneficiary lives, and if [he] the beneficiary dies

602before his or her right to [said] such property becomes absolute or

603before [said] such property is distributed to [him] the beneficiary,

604neither [he] the beneficiary nor his or her estate shall be held liable for

605any loss, destruction, damage, depreciation or waste of [said] such

606property except through his or her fault or neglect. Neither the

607existence nor exercise of this power shall be deemed a constructive or

608actual distribution of the property to which it relates.

609(32) Continue Business. [-] To the extent and upon such terms and

610conditions and for such periods of time as the fiduciary shall deem

611necessary or advisable, to continue or participate in the operation of

612any business or other enterprise, whatever its form or organization,

613including, but not limited to, the power: (A) To effect incorporation,

614dissolution, merger, consolidation or sale of all or substantially all of

615the assets, either for cash or in exchange for stock or other securities, or

616to make other changes in the form of the organization of the business

617or enterprise, and to diminish, enlarge or change the scope of nature or

618nature of any business; (B) to dispose of any interest therein or acquire

619the interest of others therein; (C) to contribute thereto or invest therein

620additional capital or to lend money thereto, in any such case upon

621such terms and conditions as the fiduciary shall approve from time to

622time, except that a settlor of an irrevocable trust who is serving as a

623fiduciary thereof shall not have this power; (D) to determine whether

624the liabilities incurred in the conduct of the business are to be

625chargeable solely to the part of the estate or trust set aside for use in

626the business or to the estate or trust as a whole, but such allocation

627[must] shall be done in accordance with applicable law; (E) to control,

628direct and manage the business, delegate all or any part of the

629fiduciary's power to supervise and operate to such person or persons

630as the fiduciary may select, including any associate, partner, officer or

631employee of the business; (F) to hire and discharge officers and

632employees, to fix their compensation and define their duties; and to

633employ, compensate and discharge agents, attorneys, consultants,

634accountants and such other representatives as the fiduciary may deem

635appropriate, including the right to employ any beneficiary, or

636individual fiduciary, in any of the foregoing capacities; (G) to pledge

637other assets of the estate or trust as security for loans made to such

638business; (H) to retain in the business such amount of the net earnings

639for working capital and other purposes of the business as the fiduciary

640may deem advisable in conformity with sound business practice,

641provided such retention does not impair any right of a beneficiary to

642receive all income from [his] the beneficiary's share of any trust; (I) to

643purchase, process and sell merchandise of every kind and description;

644(J) to purchase and sell machinery and equipment, furniture and

645fixtures and supplies of all kinds; (K) to sell or liquidate all or any part

646of any business at such time and price and upon such terms and

647conditions, including credit, as the fiduciary may determine, including

648a sale to any partner, officer or employee of the business or to any

649individual fiduciary as beneficiary hereunder, provided any such sale

650shall be for adequate and full consideration and no such sale shall be

651made to an individual fiduciary who is also a beneficiary thereunder;

652(L) to invest other estate or trust funds in such business; and to loan

653funds from the trust to such business; and (M) in all cases in which the

654fiduciary is required to furnish statements to beneficiaries or to file

655accounts in any court or in any other public office, it shall not be

656necessary to itemize business receipts and disbursements and

657distributions of property but it shall be sufficient for the fiduciary to

658show in the account a single figure or consolidation of figures, and the

659fiduciary shall be permitted to account for money and property

660received from the business and any payments made to the business in

661lump sum without itemization.

662(33) Appoint Ancillary Fiduciaries. [-] The fiduciary may itself act or

663it may select one or more persons or corporations to act as an ancillary

664fiduciary or fiduciaries and, to the extent permitted by applicable law,

665all of the powers held by the domiciliary fiduciary are hereby granted

666to the ancillary fiduciary or fiduciaries and all costs of ancillary

667administration may be paid from either the domiciliary estate or trust

668or the ancillary estate or trust, as the fiduciary may decide in its sole

669discretion.

670(34) Postpone Distribution and Accounting. [-] To postpone

671distribution and accounting with respect to any trust for a year from

672the date of the termination of the trust, if in the judgment of the

673fiduciary such postponement shall be necessary or advisable.

674(35) (A) Alternate Valuation Date. [-] The fiduciary may elect to

675value the estate for tax purposes at the values of its assets on the date

676of decedent's death or at those values on an estate tax valuation date

677other than the date of the decedent's death, whether or not such

678election increases or decreases the federal estate tax. No adjustments

679shall be required to be made between income and principal or between

680the property interests passing to any beneficiaries which may be

681affected as a result of such election. (B) Administration and Other

682Expenses. [-] To the extent permitted by law, the fiduciary may elect to

683claim certain administration expenses, casualty losses, medical and

684other expenses as deductions either on the income tax returns of the

685estate or of the decedent or on the federal estate tax return or partly on

686each. The fiduciary shall elect to claim from time to time such expenses

687as deductions on the particular tax returns which in the fiduciary's

688opinion should result in the lowest total taxes being paid by the estate

689and its beneficiaries, regardless of whether such expenses may be

690payable from the income or principal of such estate, and the fiduciary

691is not required to make adjustments between income or principal or

692between the property interests passing to any beneficiaries which may

693be affected on account of such election, except that (i) where one or

694more residuary legatees of a will containing a so-called preresiduary

695marital deduction formula provision is a charitable organization, as

696defined in Section 501(c) of the [Federal] Internal Revenue Code of

6971986, or any subsequent corresponding internal revenue code of the

698United States, as amended from time to time, [amended,] or any

699corresponding provision of applicable revenue laws, in effect at the

700date of the death of the testator of a will incorporating sections 45a-233

701to 45a-236, inclusive, and (ii) the fiduciary elects to treat such expenses

702in whole or in part as income tax deductions with the result that

703federal estate taxes paid from and chargeable to such principal are

704greater than if the contrary election had been made, an amount equal

705to the difference in such estate taxes shall be reimbursed to such

706principal from the income. (C) Joint Returns. [-] The fiduciary is

707specifically authorized but not required to execute and file a joint

708income tax return with the surviving spouse or his or her executor or

709administrator for the year of the decedent's death and for any prior

710years. The fiduciary is also authorized but not required to execute and

711file a gift tax return with the decedent's spouse or his or her executor

712or administrator, if any gift tax return is required of either the

713decedent or his or her spouse for any quarter in the year in which

714death occurs or for any quarter or year prior thereto. The fiduciary is

715authorized but not required to consent to treat any gifts made by such

716decedent's spouse as being made one-half by the decedent. The

717fiduciary may pay such income and gift taxes as are chargeable to the

718decedent and, in its discretion, may pay the entire amount of such

719taxes. The fiduciary shall incur no personal liability for any action

720taken by it in good faith in accordance with any of the foregoing

721authorizations. (D) Installment Payment of Estate Taxes. [-] The

722fiduciary is authorized in its discretion to elect to pay all or any part of

723the federal estate tax on the estate in installments under the provisions

724of Section 6166 of the [Federal] Internal Revenue Code of 1986, or any

725subsequent corresponding internal revenue code of the United States,

726as amended from time to time, [amended,] or any corresponding

727provision of applicable revenue laws. (E) Request for Extension of

728Time for Paying Estate Tax. [-] The fiduciary is authorized in its

729discretion to request an extension of time for paying the federal estate

730tax, or any installment thereof on the estate or any amounts

731determined as a deficiency thereon under the provisions of Section

7326161 or 6163 of the [Federal] Internal Revenue Code of 1986, or any

733subsequent corresponding internal revenue code of the United States,

734as amended from time to time. [amended.] (F) Election of Special Use

735Valuation. [-] The fiduciary is authorized to make all elections with

736respect to valuations authorized by Section 2032A and related sections

737of the [Federal] Internal Revenue Code of 1986, or any subsequent

738corresponding internal revenue code of the United States, as amended

739from time to time. [amended.] (G) Pension and profit-sharing plans. [-]

740To elect, either revocably or irrevocably, to receive death benefits and

741any other sums payable with respect to any pension and profit-sharing

742plans in a lump sum, in installments or as an annuity; to waive the

743benefit of any income averaging provisions available for distributions

744from pension and profit-sharing plans; to elect a different mode of

745distribution with respect to each applicable pension and profit-sharing

746plan. The term, "pension and profit-sharing plan", includes any

747pension, profit-sharing, thrift, stock purchase, or bonus plan as well as

748any so called "Keogh" plans and individual retirement accounts. A

749decedent's spouse, if acting as a fiduciary, shall take no part in the

750exercise of any election under any pension or profit-sharing plan. (H)

751In making any of the elections authorized in subparagraph (D), (E), (F)

752or (G) of this subdivision, the fiduciary is authorized to take all action

753it deems necessary to implement said elections without incurring

754personal liability for any action taken or omitted by it in good faith

755under said authorization.

756(36) Surrender of Stock for Redemption. [-] The fiduciary is

757authorized in its discretion to surrender shares of stock in any

758corporation to the corporation issuing such stock for redemption,

759accepting in payment for the redeemed shares cash, notes or other

760property; and to vote the shares of stock of any corporation in favor of

761the redemption of shares of its stock included in determining the gross

762estate of a decedent, either for cash, notes or other property, including

763a redemption of such shares designed to provide funds for the

764payment of the decedent's death taxes, funeral expenses and

765administration expenses under the provisions of Section 303 of the

766 [Federal] Internal Revenue Code of 1986, or any subsequent

767corresponding internal revenue code of the United States, as amended

768from time to time, [amended,] or any corresponding provision of

769applicable revenue laws and the fiduciary shall incur no personal

770liability for any action taken or omitted by it in good faith in

771accordance with any of the foregoing authorizations.

772(37) Pooling Agreements and Voting Trusts. [-] To enter into any

773kind of pooling agreements and voting trusts, even though such action

774may involve delegation of authority.

775(38) Exculpation. [-] The fiduciary is hereby exonerated from any

776liability resulting from its retention, sale or operation, whether due to

777losses, depreciation in value or actions taken or omitted to be taken

778with respect to any business, farm or real estate interests held in an

779estate or trust, nor shall the fiduciary be liable for any loss to or

780depreciation of any other estate or trust property, so long as it is acting

781in good faith in the management thereof and exercising reasonable

782care and diligence, but the fiduciary is not exonerated from [his] the

783fiduciary's own bad faith, wilful misconduct or gross negligence.

784(39) Deal with Environmental Hazards. [-] To take any reasonable

785action and expend any reasonable amount from the estate or trust that

786the fiduciary deems advisable for the purposes of complying with or

787 ensuring compliance with any federal, state, local or foreign

788environmental law, rule or regulation, including, but not limited to,

789the following powers:

790 (A) To conduct or authorize investigations, tests, audits,

791assessments or other actions or inquiries with respect to any real

792property for the purposes of determining compliance with any federal,

793state, local or foreign environmental law, rule or regulation, or any

794requirement or demand of any governmental authority;

795(B) To review periodically or require the inspection of any and all

796property held in the estate or trust for the purpose of determining

797compliance with any law, rule or regulation affecting such property;

798(C) To take any reasonable remedial action, to contain, clean up or

799remove any actual or threatened environmental hazard, including a

800spill, release, discharge or contamination, to conduct site restoration

801work on any real property and to notify the appropriate federal, state

802or local authorities either on its own accord or in response to an actual

803or threatened violation of any environmental law, rule or regulation;

804(D) To institute legal proceedings or make claims or demands

805concerning environmental hazards, contamination or conditions, and

806to contest, pay, compromise, settle or comply with legal proceedings,

807claims, demands, orders, penalties, fines and damages brought by any

808federal, state, local or foreign governmental authorities concerned with

809environmental compliance, or by a private litigant. The powers under

810this subdivision shall apply with respect to any real property owned or

811operated by the decedent, the estate or the trust, or in which the

812fiduciary, in its fiduciary capacity, has any actual or potential

813ownership or management responsibility, including real property

814owned or operated by any entity in which the fiduciary has an

815ownership or management interest. The fiduciary is further authorized

816to reimburse itself or any other designated fiduciary, that may have

817declined or been unable to serve for any reason, for reasonable

818 expenses incurred prior to its appointment for the purposes

819enumerated in this subdivision.

820Sec. 10. Section 45a-235 of the general statutes is repealed and the

821following is substituted in lieu thereof (Effective October 1, 2019):

822Additional Powers. [-] Any one or more or all of the following

823additional powers or any portion thereof may be incorporated by

824reference, as provided in [section 45a-233(a)] subsection (a) of section

82545a-233, but only to the extent they are individually referred to in such

826will or other instrument.

827(1) Stock of Fiduciary. [-] To retain and invest and reinvest in and

828purchase any stock or other securities issued by the fiduciary in its

829individual capacity, or by any parent holding company of the

830fiduciary, including any stock dividends thereon and any securities

831 issued in lieu thereof as the result of any recapitalization,

832reorganization, consolidation or merger. Furthermore the fiduciary

833may exercise or sell any rights, or exercise part and sell part thereof,

834including rights to buy fractional shares, issued to it by reason of its

835ownership of any such security; and may retain and hold any security

836so acquired and vote and issue general or limited proxies to vote [said]

837such stock.

838(2) Buy Insurance and Annuities. [-] To retain and to purchase

839insurance contracts, on the life of any beneficiary or of any person in

840whom a beneficiary has an insurable interest, or annuity contracts for

841any beneficiary and to pay the premiums thereon out of such

842beneficiary's portion of principal or income as the fiduciary, in its

843discretion, shall determine.

844(3) Invest in Partnerships, etc. [-] To retain, invest and reinvest in

845partnerships, joint ventures, leases, real estate syndicates, small

846business investment companies and hedge funds.

847(4) Speculative Assets. [-] To retain, trade and speculate in any real,

848personal or mixed property as the fiduciary shall deem advisable,

849wherever situated, including but not limited to: (A) Any one or more

850or all commodities and commodity options regularly traded on

851exchanges in or outside the United States, in either spot or futures

852contracts, claims, straddles, spreads or any other type of commodity

853contract, whether long or short; (B) puts, calls, straddles and options in

854any domestic or foreign securities and short sales of such contracts and

855of securities; (C) interests in oil, gas, coal, gravel, sand, timber, sulphur,

856precious and semiprecious stones, minerals, metals and their ores,

857including, but not limited to, iron, aluminum, copper, rhodium,

858palladium, platinum, radium, uranium and gold and silver bullion,

859bars, bricks and coins, and any other mineral and timber rights,

860royalties, leases and payments, and interests in computer hardware

861and software; (D) any interests in breeding or dairy cattle, horses,

862hogs, sheep, dogs, cats or other animals; (E) postage and revenue

863stamps, postal covers, coins, jewelry, rare books, paintings, etchings,

864statues, sculptures, antiques, curios, antique firearms and edged

865weapons, and other collectible items and art objects; (F) aircraft, ships,

866railroad locomotives, rolling stock, buses, antique automobiles and

867other vehicles; and (G) foreign currencies and United States Treasury

868bills, including futures contracts in such assets, whether long or short.

869(5) Oil and Gas Interests. [-] To have power with respect to oil,

870natural gas, minerals, and all other natural resources and rights to any

871interests therein, together with all equipment rights pertaining thereto,

872including oil and gas royalties, leases, payments, or other oil and gas

873interests of any character, whether owned in fee, as lessee, lessor,

874licensee, concessionaire or otherwise, either alone or jointly with others

875as partner, joint tenant, or joint venturer or in any other noncorporate

876manner, to: (A) Make oil, gas and mineral leases or subleases; (B) pay

877delayed rents, lease bonuses, royalties, overriding royalties, taxes,

878assessments, and all other charges; (C) sell, lease, exchange, mortgage,

879pledge or otherwise hypothecate any or all of such rights and interests;

880(D) surrender or abandon, with or without consideration, any or all of

881such rights and interests; (E) make farm-out, pooling, repressuration

882 and unitization agreements; (F) make reservations or impose

883conditions on the transfer of any such rights or interests; (G) employ

884the most advantageous business form in which properly to exploit

885such rights and interests, whether as corporations, general or limited

886partnerships, mining partnerships, joint ventures, cotenancies, or

887otherwise; (H) drill, test, explore, mine, develop and otherwise exploit

888any and all such rights and interests; (I) produce, process, sell or

889exchange all products recovered through the exploitation of such

890rights and interests, and to enter into contracts and agreements for or

891in respect of the installation or operation of absorption, reprocessing or

892other processing plants; (J) carry any or all such interests in the name

893or names of a nominee or nominees; (K) delegate, to the extent

894permitted by law, any or all of the powers set forth herein to the

895operator of such property; and (L) employ personnel, rent office space,

896buy or lease office equipment, contract and pay for geological surveys

897and studies, procure appraisals, and generally to conduct and engage

898in any and all activities incident to the foregoing powers, with full

899power to borrow and pledge in order to finance such activities. The

900 fiduciary shall have the right to rely on the judgment and

901recommendations of the operators of such property and need not make

902an independent investigation before acting on their reasonable

903recommendations.

904(6) Form Corporation or Other Entity. [-] To form a corporation or

905other entity under the laws of any jurisdiction and to transfer, assign,

906and convey to such corporation or entity all or any part of the estate or

907of any trust property in exchange for the stock, securities or obligations

908of any such corporation or entity, and to continue to hold such stock,

909securities and obligations.

910(7) Fiduciary May Become Director or Officer. [-] To vote for any

911individual fiduciary or any employee, officer or director of any

912corporate fiduciary, to be a director, officer, or both, of any corporation

913or small business investment company in which the estate or trust may

914be interested and to belong to any committee relating in any way to

915such corporation or company; and to serve as such director, officer,

916committee member, or any or all of them, and receive proper

917remuneration for such services, and to exercise its discretion with

918respect to all matters concerning the affairs of such corporation or

919company, and to consent to corporate or partnership sales, exchanges,

920leases, mortgages and encumbrances, without in any way being

921accountable for any such acts to any beneficiaries.

922(8) Operate Farm. [-] To continue any agricultural operation

923received by the fiduciary pursuant to the will or other instrument and

924to do any and all things deemed advisable by the fiduciary in the

925management and maintenance of any farm, which term includes, but is

926not limited to, a farm, garden, orchard, ranch, timber tract or dairy;

927and to do any and all things concerning the production and marketing

928of crops and dairy, poultry, livestock, orchard and forest products

929including, but not limited to, the following powers: (A) To operate the

930farm with hired labor, tenants or sharecroppers; (B) to lease or rent the

931farm for cash or for a share of the crops; (C) to purchase or otherwise

932acquire farm machinery and equipment and livestock; (D) to

933undertake the construction, repairs and improvements to farm

934buildings of all kinds needed in the fiduciary's judgment, for the

935operation of the farm; (E) to make or obtain loans or advances at the

936prevailing rate or rates of interest for farm purposes such as for

937production, harvesting, or marketing, or for the construction, repair, or

938improvement of farm building, or for the purchase of farm machinery

939or equipment or livestock; (F) to employ approved soil conservation

940practices in order to conserve, improve, and maintain the fertility and

941productivity of the soil; (G) to protect, manage and improve the timber

942and forest on the farm and sell the timber and forest products when it

943is for the best interest of the estate, or any trust; (H) to ditch, dam and

944drain damp or wet fields and areas of the farm when and where

945needed; (I) to engage in the production of livestock, poultry or dairy

946products, and to construct such fences and buildings and plant such

947pastures and crops as may be necessary to carry on such operations; (J)

948to market the products of the farm; and (K) in general, to employ good

949husbandry in the operation of the farm.

950(9) Residential Realty. [-] To retain any residential real property or

951apartment and the contents of [said] such real property or apartment

952received by it hereunder, to purchase, to rent and to maintain

953residential real property including an ordinary, cooperative or

954condominium apartment for occupancy, rent free, by any of the

955beneficiaries hereunder, so long as one or more of them wish to use

956and occupy it as a home, and to sell it when it is no longer so used and

957occupied, to pay all rent, taxes, assessments, repairs and other charges

958for maintaining such real and personal property or apartment,

959including title, public liability, fire and extended coverage insurance,

960and to make such purchases or payments out of such beneficiary's

961portion of the principal or income, in accordance with applicable law,

962as the fiduciary in its sole discretion shall determine.

963(10) Deal with Estate and Trust. [-] To deal in every way with the

964estate and trust of the settlor or testator, including but not limited to

965the purchase from, the sale to, the exchange of assets with such estate

966and trust, or the making of loans thereto, either secured or unsecured

967and either interest-free or at such rates of interest as the fiduciary shall

968determine, and to make loans from an estate to a trust, in the discretion

969of the fiduciary. The powers described herein may be exercised by the

970fiduciary even though it is the legal representative of the estate, and

971the fiduciary shall not incur any liability for any loss resulting from the

972exercise of any such power.

973(11) Suits on Insurance Policies. [-] To institute any proceeding at

974law or in equity to enforce the payment of any life insurance policy

975payable to the fiduciary and to do any and all things which it in its sole

976discretion deems advisable for the purpose of collecting any sums

977which may be due or payable under any such policy, provided, that

978the fiduciary shall be under no obligation to institute or enter into any

979such litigation to enforce the payment of any such policy until it shall

980have been indemnified to its satisfaction against all expenses and

981liabilities to which it may, in its judgment, be subjected by any such

982action on its part.

983(12) Advancement of Income. [-] The fiduciary, other than a

984beneficiary serving as a fiduciary, shall have the discretion to advance

985income to or for the use of any beneficiary and the fiduciary shall have

986a lien therefor on that beneficiary's future benefits.

987(13) Majority Action Permissible. [-] Where there are three or more

988fiduciaries, the decision of a majority of the fiduciaries shall bind all of

989the fiduciaries, but an absent or dissenting fiduciary who joins in

990carrying out the decision of the majority shall not be liable for the

991consequences of any majority decision if said absent or dissenting

992fiduciary promptly files a written notice, by certified mail, of his or her

993dissent with its cofiduciaries and with (A) the [probate court] Probate

994Court having jurisdiction over any estate or trust, or (B) the income

995beneficiaries of any inter vivos trust, provided that liability for failure

996to join in administering the estate or trust or in preventing a breach of

997the trust may not thus be avoided.

998(14) Reduce Interest Rates. [-] To reduce the interest rate from time

999to time on any obligation, whether secured or unsecured, constituting

1000 a part of an estate or trust.

1023 amortize from income as a sinking fund any premium paid to acquire 1024 property and to accrue any discount received at the time of acquisition 1025 thereof.

1026 (19) Remortgage and Refinance Real Estate. [-] To remortgage and 1027 refinance real estate for any one or more of the following purposes: (A) 1028 Business reasons; (B) to obtain funds to pay (i) estate, inheritance, 1029 transfer, succession, generation-skipping or other death taxes or 1030 duties; (ii) income, property, excise or other similar taxes; (iii) interest 1031 and penalties on any tax; and (iv) debts and funeral and administration 1032 expenses of the settlor or testator; or (C) to invest or reinvest or 1033 speculate in real, personal or mixed property of any description and 1034 wherever situated.

1035 (20) Terminate Small Trusts. [-] To terminate any trust by 1036 distributing to the then income beneficiary of such trust the entire 1037 principal thereof, or an annuity purchased therewith, absolutely and 1038 free of trust, if the fiduciary, other than a beneficiary or the settlor 1039 serving as such, in its sole discretion, deems continuation of such trust 1040 unwarranted in view of the size of the trust.

1041 (21) Distribute Directly to Remaindermen. [-] To distribute property 1042 directly from the estate to the remaindermen of any trust, without the 1043 interposition of such trust, if the facts at the time for such distribution 1044 are such that no trust of such property would be operative under the 1045 terms of the will.

1046 (22) Disclaimer of Power. [-] To disclaim part or all of any one or 1047 more of the incorporated or specifically granted powers of the 1048 fiduciary by instrument in writing filed with the will, trust or other 1049 instrument incorporating this power and by complying with the 1050 provisions of sections 45a-578 to 45a-585, inclusive.

1051 (23) Comply with Stock Restrictions. [-] To observe and comply with 1052 any limitations on the disposition of any stock existing in the articles of 1053 incorporation, bylaws or other contract affecting such shares.

1054 (24) Continue Subchapter S election. [-] To file appropriate consent 1055 to the continuation of any Subchapter S election in existence at the time 1056 of the testator's death, within the period required by the applicable 1057 provision of the Federal Internal Revenue Code then in effect.

1058 (25) Acquire Interest in Trust Asset. [-] To acquire an undivided or 1059 an individual interest in a trust or estate asset in which the fiduciary, in 1060 any fiduciary capacity, holds an undivided interest.

1061 (26) Income to Custodian for Minor. [-] Any and all income or 1062 principal that is distributed, paid to or applied for the benefit of a 1063 minor may, in the discretion of the fiduciary, be paid to any person or 1064 corporation who is serving as a custodian for the benefit of said minor 1065 under the Uniform Gifts to Minors Act or Uniform Transfers to Minors 1066 Act. If there is no such custodian, the fiduciary may appoint an adult 1067 member of the minor's family, a guardian of the minor, a bank with 1068 trust powers, or himself, herself or itself to serve as such custodian and 1069 receive such payments.

1070 (27) General Powers. [-] To exercise every power and discretion in 1071 the management of the estate and the trusts created hereunder as the 1072 fiduciary would have if it were the absolute owner thereof. This 1073 general power shall not be limited in any way by the powers 1074 incorporated or granted herein, but no beneficiary serving as a 1075 cofiduciary may participate in any decision, under this or any other 1076 power, that affects or could affect the share of such beneficiary relative 1077 to that of any other beneficiary in income, principal or in a trust 1078 remainder.

1079 Sec. 11. Subsection (b) of section 45a-667j of the general statutes is 1080 repealed and the following is substituted in lieu thereof (Effective

1081 October 1, 2019):

1082 (b) If a petition for the appointment of a temporary conservator of 1083 the person or a temporary conservator of the estate in an emergency is 1084 brought in this state and this state was not the respondent's home state 1085 on the date the [application] petition was filed, the court shall dismiss

1086 the proceeding at the request of the court of the home state, if any, 1087 whether dismissal is requested before or after the emergency 1088 appointment.

1150 (l) Records of cases of juvenile matters involving delinquency 1151 proceedings, or any part thereof, containing information that a child 1152 has been adjudicated as delinquent for a violation of [subdivision]

1153 subsection (e) of section 1-1h, subsection (c) of section 14-147, 1154 subsection (a) of section 14-215, section 14-222, subsection (b) of section 1155 14-223, subsection (a), (b) or (c) of section 14-224, section 14-227a, 1156 section 14-227g, subsection (d) of section 21a-267, section 21a-279a, 1157 section 30-88a or subsection (b) of section 30-89, shall be disclosed to 1158 the Department of Motor Vehicles for administrative use in 1159 determining whether administrative sanctions regarding such child's 1160 motor vehicle operator's license are warranted. Records disclosed 1161 pursuant to this subsection shall not be further disclosed.

1162 Sec. 15. Subsections (c) and (d) of section 46b-133c of the general 1163 statutes are repealed and the following is substituted in lieu thereof

1164 (Effective October 1, 2019):

1165 (c) A proceeding designated as a serious juvenile repeat offender 1166 prosecution pursuant to subsection (b) of this section shall be held 1167 before the court without a jury provided the child has waived his or 1168 her right to a trial by jury. If a child is convicted of or pleads guilty to a 1169 felony in such proceeding, the court shall: (1) Sentence the child in 1170 accordance with section 46b-140, as amended by this act, [or 46b-141a] 1171 and (2) sentence the child in accordance with section 53a-28 with the 1172 execution of such sentence stayed on the condition that the child not 1173 violate the conditions of the sentence imposed pursuant to subdivision 1174 (1) of this subsection or commit a subsequent crime.

1175 (d) If a child is convicted of or pleads guilty to a misdemeanor in a 1176 proceeding designated as a serious juvenile repeat offender 1177 prosecution pursuant to subsection (b) of this section, the court shall 1178 sentence the child in accordance with section 46b-140, as amended by 1179 this act. [or 46b-141a.]

1180 Sec. 16. Subsection (d) of section 46b-133d of the general statutes is 1181 repealed and the following is substituted in lieu thereof (Effective

1182 October 1, 2019):

1183 (d) A proceeding designated as a serious sexual offender 1184 prosecution pursuant to subsection (c) of this section shall be held

1185 before the court without a jury provided the child has waived the right 1186 to a trial by jury. If a child is convicted of or pleads guilty or nolo 1187 contendere to a charge in a proceeding that has been designated as a 1188 serious sexual offender prosecution, the court shall: (1) Sentence the 1189 child in accordance with section 46b-140, as amended by this act, [or 1190 46b-141a,] (2) sentence the child to a period of special juvenile 1191 probation of at least five years, to commence upon the release of the 1192 child from the institution, agency or program in whose care the child 1193 had been placed, and (3) sentence the child in accordance with section 1194 53a-28 with the execution of such sentence stayed on the condition that 1195 the child not violate the conditions of the sentence imposed pursuant 1196 to subdivisions (1) and (2) of this subsection or commit a subsequent 1197 crime.

1198 Sec. 17. Subsection (b) of section 46b-140 of the general statutes is 1199 repealed and the following is substituted in lieu thereof (Effective

1200 October 1, 2019):

1201 (b) Upon adjudication of a child as delinquent, the court [: (1) May 1202 (A)] may (1) discharge the child from the court's jurisdiction with or 1203 without a warning, [; (B)] (2) place the child on probation supervision 1204 for a period not to exceed eighteen months, which may be extended in 1205 accordance with section 46b-140a by not more than twelve months, for 1206 a total supervision period not to exceed thirty months, [; or (C)] or (3) 1207 place the child on probation supervision with residential placement, 1208 for a period not to exceed eighteen months, which may be extended in 1209 accordance with section 46b-140a by not more than twelve months, for 1210 a total supervision period not to exceed thirty months.

1211 Sec. 18. Section 51-345 of the general statutes is repealed and the

1212 following is substituted in lieu thereof (Effective October 1, 2019):

1213 (a) Except as provided in section 51-348 and subsections (b) to (h), 1214 inclusive, of this section, all civil process shall be made returnable to a

1215 judicial district, as follows:

1216 (1) If all of the parties reside outside this state, to the judicial district

1217 where (A) the injury occurred, (B) the transaction occurred, or (C) the 1218 property is located or lawfully attached.

1219 (2) If the defendant is not a resident, to the judicial district where the 1220 attached property is located.

1221 (3) If either or both the plaintiff or the defendant are residents of this 1222 state, to the judicial district where either the plaintiff or the defendant

1223 resides, except:

1224 (A) If either the plaintiff or the defendant resides in the town of 1225 Manchester, East Windsor, South Windsor or Enfield, the action may 1226 be made returnable at the option of the plaintiff to either the judicial 1227 district of Hartford or the judicial district of Tolland.

1228 (B) If either the plaintiff or the defendant resides in the town of 1229 Plymouth, the action may be made returnable at the option of the 1230 plaintiff to either the judicial district of New Britain or the judicial 1231 district of Waterbury.

1232 (C) If either the plaintiff or the defendant resides in the town of 1233 Bethany, Milford, West Haven or Woodbridge, the action may be 1234 made returnable at the option of the plaintiff to either the judicial 1235 district of New Haven or the judicial district of Ansonia-Milford.

1236 (D) If either the plaintiff or the defendant resides in the town of 1237 Southbury, the action may be made returnable at the option of the 1238 plaintiff to either the judicial district of Ansonia-Milford or the judicial 1239 district of Waterbury.

1240 (E) If either the plaintiff or the defendant resides in the town of 1241 Darien, Greenwich, New Canaan, Norwalk, Stamford, Weston, 1242 Westport or Wilton, the action may be made returnable at the option of 1243 the plaintiff to either the judicial district of Stamford-Norwalk or the 1244 judicial district of Fairfield.

1245 (F) If either the plaintiff or the defendant resides in the town of 1246 Watertown or Woodbury, the action may be made returnable at the

1247 option of the plaintiff to either the judicial district of Waterbury or the 1248 judicial district of Litchfield.

1249 (G) If either the plaintiff or the defendant resides in the town of 1250 Avon, Canton, Farmington or Simsbury, the action may be made 1251 returnable at the option of the plaintiff to either the judicial district of 1252 Hartford or the judicial district of New Britain.

1253 (H) If either the plaintiff or the defendant resides in the town of 1254 Newington, Rocky Hill or Wethersfield, the action may be made 1255 returnable at the option of the plaintiff to either the judicial district of 1256 Hartford or the judicial district of New Britain, except for actions 1257 where venue is in the geographical area as provided in section 51-348 1258 or in rules of court.

1259 (I) If either the plaintiff or the defendant resides in the town of 1260 Cromwell, the action may be made returnable at the option of the 1261 plaintiff to either the judicial district of Hartford or the judicial district 1262 of Middlesex.

1263 (J) If either the plaintiff or the defendant resides in the town of New 1264 Milford, the action may be made returnable at the option of the 1265 plaintiff to either the judicial district of Danbury or the judicial district 1266 of Litchfield.

1267 (K) If either the plaintiff or the defendant resides in the town of 1268 Windham or Ashford, the action may be made returnable at the option 1269 of the plaintiff to either the judicial district of Windham or the judicial 1270 district of Tolland.

1271 (b) In all actions involving the title to land, for trespass to land and 1272 to foreclose or redeem mortgages or liens upon real property, civil 1273 process shall be made returnable to the judicial district where the real

1274 property is located, either entirely or in part, except:

1275 (1) If the land is located in the town of Manchester, East Windsor, 1276 South Windsor or Enfield and either the plaintiff or the defendant 1277 resides in the town of Manchester, East Windsor, South Windsor or

1278 Enfield, the action may be made returnable at the option of the plaintiff 1279 to either the judicial district of Hartford or the judicial district of 1280 Tolland.

1281 (2) If the land is located in the town of Plymouth and either the 1282 plaintiff or the defendant resides in the town of Plymouth, the action 1283 may be made returnable at the option of the plaintiff to either the 1284 judicial district of New Britain or the judicial district of Waterbury.

1285 (3) If the land is located in the town of Bethany, Milford, West 1286 Haven or Woodbridge and either the plaintiff or the defendant resides 1287 in the town of Bethany, Milford, West Haven or Woodbridge, the 1288 action may be made returnable at the option of the plaintiff to either 1289 the judicial district of New Haven or the judicial district of Ansonia- 1290 Milford.

1291 (4) If the land is located in the town of Southbury and either the 1292 plaintiff or the defendant resides in the town of Southbury, the action 1293 may be made returnable at the option of the plaintiff to either the 1294 judicial district of Ansonia-Milford or the judicial district of 1295 Waterbury.

1296 (5) If the land is located in the town of Weston, Westport or Wilton 1297 and either the plaintiff or the defendant resides in any one of these 1298 towns, the action may be made returnable at the option of the plaintiff 1299 to either the judicial district of Stamford-Norwalk or the judicial 1300 district of Fairfield.

1301 (6) If the land is located in the town of Watertown or Woodbury and 1302 either the plaintiff or the defendant resides in the town of Watertown 1303 or Woodbury, the action may be made returnable at the option of the 1304 plaintiff to either the judicial district of Waterbury or the judicial 1305 district of Litchfield.

1306 (7) If the land is located in the town of Avon, Canton, Farmington or 1307 Simsbury and either the plaintiff or the defendant resides in the town 1308 of Avon, Canton, Farmington or Simsbury, the action may be made

1309 returnable at the option of the plaintiff to either the judicial district of 1310 Hartford or the judicial district of New Britain.

1311 (8) If the land is located in the town of Newington, Rocky Hill or 1312 Wethersfield and either the plaintiff or the defendant resides in the 1313 town of Newington, Rocky Hill or Wethersfield, the action may be 1314 made returnable at the option of the plaintiff to either the judicial 1315 district of Hartford or the judicial district of New Britain, except for 1316 actions where venue is in the geographical area as provided in section 1317 51-348 or in rules of court.

1318 (9) If the land is located in the town of New Milford and either the 1319 plaintiff or the defendant resides in the town of New Milford, the 1320 action may be made returnable at the option of the plaintiff to either 1321 the judicial district of Danbury or the judicial district of Litchfield.

1322 (c) In all actions by a corporation, except actions made returnable 1323 under subsection (b), (d) or (g) of this section, civil process shall be

1324 made returnable as follows:

1325 (1) If the plaintiff is either a domestic corporation or a United States 1326 corporation and the defendant is a resident, either (A) to the judicial 1327 district where the plaintiff has an office or place of business or (B) to 1328 the judicial district where the defendant resides.

1329 (2) If the plaintiff is either a domestic corporation or a United States 1330 corporation and the defendant is a corporation, domestic or foreign, to 1331 the judicial district where (A) the plaintiff has an office or place of 1332 business, (B) the injury occurred, (C) the transaction occurred, or (D) 1333 the property is located or lawfully attached.

1334 (3) If the plaintiff is a foreign corporation and the defendant is a 1335 resident, to the judicial district where the defendant resides.

1336 (4) If the plaintiff is a foreign corporation and the defendant is a 1337 corporation, domestic or foreign, to the judicial district where (A) the 1338 injury occurred, (B) the transaction occurred, or (C) the property is 1339 located or lawfully attached.

1340 (d) In all actions involving consumer transactions, civil process shall 1341 be made returnable to the judicial district where the consumer resides 1342 or where the transaction occurred. For the purposes of this subsection, 1343 "consumer transaction" means a transaction in which a natural person 1344 obligates himself or herself to pay for goods sold or leased, services 1345 rendered or moneys loaned for personal, family or household 1346 purposes.

1347 (e) In all actions for the partition or sale of any property, civil 1348 process shall be made returnable to the judicial district where the 1349 parties, or one of them, reside; but, if none of them resides in this state, 1350 then to the judicial district where all or a part of the property is 1351 located.

1352 (f) In all actions by a nonresident executor, trustee under a will or 1353 administrator, civil process shall be made returnable to the same 1354 judicial district as would be proper if the plaintiff resided in the town 1355 where the [court of probate] Probate Court which granted 1356 administration is held.

1357 (g) Venue for small claims matters shall be at Superior Court 1358 facilities designated by the Chief Court Administrator to hear such 1359 matters. In small claims matters, civil process shall be made returnable 1360 to the Superior Court facility designated by the Chief Court 1361 Administrator to serve the small claims area where the plaintiff 1362 resides, where the defendant resides or is doing business or where the 1363 transaction or injury occurred. If the plaintiff is a domestic corporation, 1364 a United States corporation, a foreign corporation or a limited liability 1365 company, civil process shall be made returnable to a Superior Court 1366 facility designated by the Chief Court Administrator to serve the small 1367 claims area where the defendant resides or is doing business or where 1368 the transaction or injury occurred.

1369 (h) (1) In all actions involving housing matters, as defined in section 1370 47a-68, civil process shall be made returnable to the judicial district 1371 where the premises are located, except that actions described in 1372 subdivision (6) of section 47a-68 shall be heard in the geographical area

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact: None

Municipal Impact: None

Explanation

The bill makes various technical changes to the General Statutes and does not result in a fiscal impact.

The Out Years

State Impact: None

Municipal Impact: None

OLR Bill Analysis

SB 839

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

SUMMARY

This bill specifies that for municipalities where the legislative body is a town meeting or representative town meeting, the school board must consult with the board of selectmen, rather than the town's legislative body, for specified purposes, such as jointly purchasing insurance ( 4-6).

The bill also makes other minor and technical changes to various statutes.

EFFECTIVE DATE: October 1, 2019

COMMITTEE ACTION

Judiciary Committee

Joint Favorable

Yea 38 Nay 0 (03/20/2019)

SB 839

Version: File+No.+450+R000450+FC
Author: Judiciary Committee

Created by BCL easyConverter SDK 5 (HTML Version)

Senate

January Session, 2019

Senate Bill No. 839

Senate, April 4, 2019

The Committee on Judiciary reported through SEN. WINFIELD of the 10th Dist., Chairperson of the Committee on the part of the Senate, that the bill ought to pass.

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:

1Section 1. Subdivision (8) of subsection (a) of section 1-351 of the

2general statutes is repealed and the following is substituted in lieu

3thereof (Effective October 1, 2019):

4(8) Exercise all powers the principal may have over any of the

5principal's digital device, digital asset, user account and electronically

6stored information, including any user account and digital asset that

7currently exists or may exist as technology develops, whether the same

8is in the principal's name or that the principal owns or lawfully uses

9jointly with any other individual; such powers include, but are not

10limited to, changing and circumventing the principal's username and

11password to gain access to such user accounts and information;

12transferring or withdrawing funds or other assets among or from such

13user accounts; and opening new user accounts in the principal's name,

14all as the agent determines is necessary or advisable. The principal

15 may give the principal's lawful consent and [authorizes] authorize the 16 agent to access, manage, control, delete and terminate any 17 electronically stored information and communications of the principal 18 to the extent fully allowable under the federal Electronic

19Communications Privacy Act of 1986, 18 USC 2510 et seq., as amended

20from time to time, the Connecticut Revised Uniform Fiduciary Access

21to Digital Assets Act, and any other federal, state or international

22privacy law or other law. The agent is authorized to take any actions

23the principal is authorized to take under all applicable terms of service,

24terms of use, licensing and other account agreements or laws. To the

25extent a specific reference to any federal, state, local or international

26law is required in order to give effect to the provisions of this

27subdivision, the principal may provide that the principal's intention is

28to so reference such law, whether such law is now in existence or

29comes into existence or is amended after the date of execution of the

30power of attorney; or

31Sec. 2. Section 7-45 of the general statutes is repealed and the

32following is substituted in lieu thereof (Effective October 1, 2019):

33Each person making any certificate of birth, marriage, civil union,

34 death or fetal death, or any copy of such certificate for the

35commissioner, or any sexton's report required by law, shall cause the

36same to be typewritten or printed in a legible manner as to all material

37information or facts required by the provisions of sections 7-48, 7-60, 7-

3862b, 46b-25 [,] and 46b-29 and contained in such certificate. If the

39certificate is in paper format, such person shall sign the certificate in

40black ink, shall state therein in what capacity such person so signs, and

41shall type or print in a legible manner the name of each person signing

42such certificate, under such person's signature. If the certificate is in an

43 electronic format, such certificate shall be authenticated by the

44electronic vital records system of the department. Any certificate not

45complying with the requirements of this section shall be returned by

46the registrar with whom it is filed to the person making the same for

47the proper correction.

48Sec. 3. Subdivision (4) of subsection (e) of section 10a-109n of the

49general statutes is repealed and the following is substituted in lieu

50thereof (Effective October 1, 2019):

51(4) (A) Any hearing regarding all or any part of any project,

52provided for by this section, shall be conducted by the particular

53commissioner having jurisdiction over the applicable license, permit,

54approval or other administrative action. Legal notice of such hearing

55shall be published in a newspaper having general circulation in an area

56which includes the municipality in which the particular part of such

57project is proposed to be built or is being built not more than ten nor

58less than five days in advance of such hearing.

59(B) In rendering any decision in connection with any project, the

60commissioner shall weigh all competent material and substantial

61evidence presented by the applicant and the public in accordance with

62the applicable statute. The commissioner shall issue written findings

63and determinations upon which [its] the commissioner's decision is

64based. Such findings and determinations shall consist of evidence

65 presented, including such matters as the commissioner deems

66appropriate, provided such matters, to the extent applicable to the

67particular permit, shall include the nature of any major adverse health

68and environmental impact of any project. The commissioner may

69 reverse or modify any order or action at any time on the

70commissioner's own motion. The procedure for such reversal or

71modification shall be the same as the procedure for the original

72proceeding.

73(C) Any administrative action taken by any commissioner in

74connection with any project may be appealed by an aggrieved party to

75the superior court for the judicial district of New Britain in accordance

76with the provisions of section 4-183, except as otherwise provided in

77sections 10a-109a to 10a-109y, inclusive. Such appeal shall be brought

78[within] not later than ten days [of] after the date of mailing to the

79parties to the proceeding of a notice of such order, decision or action

80by certified mail, return receipt requested, and the appellant shall

81serve a copy of the appeal on each party listed in the final decision at

82the address shown in such decision. Failure to make such service

83within such ten days on parties other than the commissioner who

84rendered the final decision may not, in the discretion of the court,

85deprive the court of jurisdiction over such appeal. Within ten days

86after the service of such appeal, or within such further time as may be

87allowed by the court, the commissioner [which] who rendered such

88decision shall cause any portion of the record that had not been

89transcribed to be transcribed and shall cause either the original or a

90certified copy of the entire record of the proceeding appealed from to

91be transmitted to the reviewing court. Such record shall include the

92commissioner's findings of fact and conclusions of law, separately

93stated. If more than one commissioner has jurisdiction over the matter,

94such commissioners shall issue joint findings of fact and conclusions of

95law. Such appeal shall state the reasons upon which it is predicated

96 and, notwithstanding any [provisions] provision of the general

97statutes, [to the contrary,] shall not stay the development of any

98project. The commissioner [which] who rendered such decision shall

99appear as the respondent. Such appeals to the superior court shall each

100be privileged matters and shall be heard as soon after the return date

101as practicable. A court shall render its decision not later than twenty-

102one days after the date that the entire record, with the transcript, is

103filed with the court by the commissioner who rendered the decision.

104(D) The court shall not substitute its judgment for that of the

105commissioner as to the weight of the evidence presented on a question

106of fact. The court shall affirm the decision of the commissioner unless

107the court finds that substantial rights of the party appealing such

108decision have been materially prejudiced because the findings,

109inferences, conclusions or decisions of the commissioner are: (i) In

110violation of constitutional or statutory provisions, (ii) in excess of the

111statutory authority of the commissioner, (iii) made upon unlawful

112procedure, (iv) affected by an error of law, (v) clearly erroneous in

113view of the reliable, probative and substantial evidence on the whole

114record, or (vi) arbitrary, capricious or characterized by abuse of

115discretion or clearly unwarranted exercise of discretion.

116(E) If the court finds material prejudice, it may sustain the appeal.

117Upon sustaining an appeal, the court may render a judgment which

118modifies the decision of the commissioner, orders particular action of

119the commissioner or orders the commissioner to take such action as

120may be necessary to effect a particular action and the commissioner

121may issue a permit consistent with such judgment. Notwithstanding

122the foregoing, an applicant may file an amended application and the

123commissioner may, pursuant to the procedures set forth in sections

12410a-109a to 10a-109y, inclusive, consider an amended application for

125an order, permit or other administrative action following court action.

126(F) Notwithstanding the provisions of section 3-125, in consultation

127with the Attorney General, the university [is authorized and] may use

128the legal services of any private attorney, in connection with the

129construction, operation and maintenance of any project. The board of

130trustees shall determine the effective and efficient method or methods

131of legal services to accomplish the construction, operation and

132maintenance of all projects, taking into account the capacity, cost and

133expense of private counsel for such services and the capacity and

134direct and indirect cost and expense of and identified by the Attorney

135General for such services.

136Sec. 4. Section 10-241c of the general statutes is repealed and the

137following is substituted in lieu thereof (Effective October 1, 2019):

138Notwithstanding any special act, municipal charter or home rule

139ordinance, the legislative body of a municipality, or in the case of a

140municipality for which the legislative body is a town meeting or a

141representative town meeting, the board of selectmen, and the local

142board of education for such municipality shall consult when possible

143regarding the joint purchasing of property insurance, casualty

144insurance and workers' compensation insurance. For the purpose of

145 this section, "municipality" means any town, city, borough,

146consolidated town and city or consolidated town and borough.

147Sec. 5. Section 10-241d of the general statutes is repealed and the

148following is substituted in lieu thereof (Effective October 1, 2019):

149Any local board of education for a municipality, after going out to

150bid for a good or service and receiving submissions, shall consult with

151 the legislative body of such municipality, or in the case of a

152municipality for which the legislative body is a town meeting or a

153 representative town meeting, the board of selectmen, if such

154municipality provides or uses such good or service, and, if the

155equivalent level of such good or service is provided by such

156municipality or through a municipal contract for a lower cost than the

157lowest qualified bid submission received by such local board of

158education, such board of education shall consider a cooperative

159agreement with such municipality for the provision of such good or

160service. For purposes of this section, "good or service" includes, but is

161not limited to, portable classrooms, motor vehicles or materials and

162equipment, such as telephone systems, computers and copy machines.

163Sec. 6. Section 10-241e of the general statutes is repealed and the

164following is substituted in lieu thereof (Effective October 1, 2019):

165Each local board of education for a municipality shall consult with

166 the legislative body of such municipality, or in the case of a

167municipality for which the legislative body is a town meeting or a

168representative town meeting, the board of selectmen, prior to

169purchasing payroll processing or accounts payable software systems to

170determine whether such systems may be purchased or shared on a

171regional basis.

172Sec. 7. Subsection (b) of section 16-50l of the general statutes is

173repealed and the following is substituted in lieu thereof (Effective

174October 1, 2019):

175(b) Each application shall be accompanied by proof of service of a

176copy of such application on: (1) Each municipality in which any

177portion of such facility is to be located, both as primarily proposed and

178in the alternative locations listed, and any adjoining municipality

179having a boundary not more than two thousand five hundred feet

180from such facility, which copy shall be served on the chief executive

181officer of each such municipality and shall include notice of the date on

182 or about which the application is to be filed, and the zoning 183 commissions, planning commissions, planning and zoning

184commissions, conservation commissions and inland wetlands agencies

185of each such municipality, and the regional councils of governments

186which encompass each such municipality; (2) the Attorney General; (3)

187each member of the legislature in whose assembly or senate district the

188facility or any alternative location listed in the application is to be

189located; (4) any agency, department or instrumentality of the federal

190government that has jurisdiction, whether concurrent with the state or

191otherwise, over any matter that would be affected by such facility; (5)

192each state department, agency and commission named in subsection

193[(h)] (g) of section 16-50j; and (6) such other state and municipal bodies

194as the council may by regulation designate. A notice of such

195application shall be given to the general public, in municipalities

196entitled to receive notice under subdivision (1) of this subsection, by

197the publication of a summary of such application and the date on or

198about which it will be filed. Such notice shall be published under the

199regulations to be promulgated by the council, in such form and in such

200newspapers as will serve substantially to inform the public of such

201application and to afford interested persons sufficient time to prepare

202for and to be heard at the hearing prescribed in section 16-50m. Such

203notice shall be published in not less than ten-point type. A notice of

204such an application for a certificate for a facility described in

205subdivision (3), (4), (5) or (6) of subsection (a) of section 16-50i shall

206also be sent, by certified or registered mail, to each person appearing of

207record as an owner of property which abuts the proposed primary or

208alternative sites on which the facility would be located. Such notice

209shall be sent at the same time that notice of such application is given to

210the general public. Notice of an application for a certificate for a facility

211described in subdivision (1) of subsection (a) of section 16-50i shall also

212be provided to each electric distribution company customer in the

213municipality where the facility is proposed to be placed. Such notice

214shall (A) be provided on a separate enclosure with each customer's

215monthly bill for one or more months, (B) be provided by the electric

216distribution company not earlier than sixty days prior to filing the

217application with the council, but not later than the date that the

218application is filed with the council, and (C) include: A brief

219description of the project, including its location relative to the affected

220municipality and adjacent streets; a brief technical description of the

221project including its proposed length, voltage, and type and range of

222heights of support structures or underground configuration; the reason

223for the project; the address and a toll-free telephone number of the

224applicant by which additional information about the project can be

225obtained; and a statement in print no smaller than twenty-four-point

226type size stating "NOTICE OF PROPOSED CONSTRUCTION OF A

227HIGH VOLTAGE ELECTRIC TRANSMISSION LINE".

228Sec. 8. Section 18-87 of the general statutes is repealed and the

229following is substituted in lieu thereof (Effective October 1, 2019):

230The Commissioner of Correction may transfer any inmate of any of

231the institutions of the Department of Correction to any other

232 appropriate state institution with the concurrence of the

233superintendent of such institution or to the Court Support Services

234Division of the Judicial Branch when the Commissioner of Correction

235finds that the welfare or health of the inmate requires it. When an

236inmate, after the expiration of his or her sentence, is committed to or

237 otherwise remains in the institution to which he or she was

238transferred, the expense of his or her treatment and support shall be

239paid as provided by sections 17b-122, 17b-124 to 17b-132, inclusive,

24017b-136 to 17b-138, inclusive, 17b-194 to 17b-197, inclusive, 17b-222 to

24117b-250, inclusive, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, 17b-

242689b, and 17b-743 to 17b-747, inclusive. No transfer of any person who

243has attained the age of eighteen years shall be made to the Court

244Support Services Division of the Judicial Branch. No transfer of any

245person who has not attained the age of eighteen years shall be made to

246the Court Support Services Division of the Judicial Branch unless the

247executive director of the Court Support Services Division of the

248Judicial Branch finds that such person would benefit from a transfer to

249the Court Support Services Division of the Judicial Branch and agrees

250to accept such person and such person has given such person's written

251consent to such transfer. Such person transferred to the Court Support

252Services Division of the Judicial Branch shall be deemed to be

253committed to the custody of the executive director of the Court

254Support Services Division of the Judicial Branch. The executive

255director of the Court Support Services Division of the Judicial Branch

256shall have the power to terminate the commitment and release such

257person at any time the executive director of the Court Support Services

258Division of the Judicial Branch determines such termination and

259release would be in such person's best interest, and shall have the

260power to return such person to the jurisdiction of the Commissioner of

261Correction. The transfer of any person under this section to the [the]

262Court Support Services Division of the Judicial Branch shall not result

263in the person so transferred being in the custody of the Commissioner

264of Correction and the executive director of the Court Support Services

265Division of the Judicial Branch for a total of less than the minimum or

266more than the maximum term such person would have been in the

267custody of the Commissioner of Correction had such person not been

268so transferred.

269Sec. 9. Section 45a-234 of the general statutes is repealed and the

270following is substituted in lieu thereof (Effective October 1, 2019):

271Powers. [-] The following powers may be incorporated by reference

272as provided in sections 45a-233 and 45a-236:

273(1) Retain Original Property. [-] To retain for such time as the

274fiduciary shall deem advisable any property, real, personal or mixed,

275which the fiduciary may receive, even though the retention of such

276property by reason of its character, amount, proportion to the total

277estate or otherwise would not be appropriate for the fiduciary apart

278from this provision. The fiduciary shall not retain non-income-

279producing property in a trust intended to qualify for the marital

280deduction without the consent of the life beneficiary of [said] such

281trust or [his] the life beneficiary's legal representative, including [his]

282the life beneficiary's guardian or conservator.

283(2) Sell, Mortgage or Exchange Property. [-] To sell, exchange, alter,

284 assign, transfer, grant options to buy, sign real estate listing

285agreements; to convey, pledge, hypothecate; and to mortgage, lease

286and sublease, even beyond the period of the estate or any trust; to

287partition or otherwise dispose of any property or interest therein; to do

288any of such acts without an order of any court, at public or private sale

289or otherwise, upon such terms and conditions, including credit, and

290for such consideration as the fiduciary shall deem advisable; to transfer

291and convey the property or any interest therein, in fee simple absolute

292or otherwise free of all trusts. The receipts of the fiduciary for moneys

293or things paid or delivered shall be effective discharges therefrom to

294the persons paying or delivering the same and no one either dealing

295with the fiduciary or from whom the fiduciary shall receive any

296money, property or other credit shall be required to see to the

297application thereof or shall be under any duty to follow the proceeds

298or other consideration received by the fiduciary from such sale or

299exchange. No one dealing with the fiduciary, or with any real, personal

300or mixed property which is or was estate or trust property, shall be

301bound to ascertain or inquire as to the existence or occurrence of any

302event or purpose in or for which a sale is herein authorized or directed

303or otherwise as to the purpose or regularity of any acts of the fiduciary

304purporting to be done in pursuance of any other provisions or powers

305herein incorporated or granted.

306(3) Invest and Reinvest. [-] To invest and reinvest, as the fiduciary

307shall deem advisable, in stocks of any class, bonds, debentures, notes,

308mortgages or other securities as well as in investment trusts, mutual

309funds and common trust funds, to open accounts in any type of

310commercial or savings bank, savings and loan association, credit union

311or similar organization or company, whether within or without the

312state of Connecticut and to acquire by lease or purchase any interest in

313real property or real estate investment trusts whether such investment

314is in or outside the state of Connecticut or the United States and even

315though such investment shall not be of the character approved by

316applicable law but for this provision. Notwithstanding any other

317provisions to the contrary, neither a trustee of an irrevocable trust,

318intended to qualify for the federal gift tax exclusion as a gift of a

319present interest under Section 2503(b) or 2503(c) of the [Federal]

320Internal Revenue Code of 1986, or any subsequent corresponding

321internal revenue code of the United States, as amended from time to

322time, [amended,] nor the trustee of a trust providing for payment of all

323income therefrom to the life beneficiary, including a QTIP trust, may

324 under any circumstances invest or reinvest in unproductive,

325underproductive or non-income-producing property, or acquire any

326life insurance, endowments or annuities unless explicitly so authorized

327in the trust instrument.

328(4) Invest Without Diversification. [-] To make investments which

329cause a greater proportion of the total property held by the fiduciary to

330be invested in investments of one kind than would be considered

331appropriate for the fiduciary apart from this provision.

332(5) Exercise Stock Options. [-] To exercise any stock options owned

333by the testator or settlor at [his] the testator's or settlor's death or

334acquired by or held in any trust, to borrow money and pledge any

335assets, including stock acquired by the exercise thereof, to obtain funds

336for the exercise thereof, to retain any stock purchased by the exercise of

337such options for such time as the fiduciary deems advisable, and to

338exercise all other powers in respect of such stock as though such stock

339formed a part of the estate at the time of death or a part of any trust.

340(6) Pay Taxes and Expenses. [-] To pay taxes; to pay calls,

341assessments and any other sums chargeable or accruing against or on

342account of shares of stock, debentures or other corporate securities in

343the hands of a fiduciary, whenever such payment may be legally

344enforceable against the fiduciary or any property of the estate or trust,

345or if the fiduciary deems payment expedient and for the best interests

346of the estate or trust; to pay for repairs and other expenses incurred in

347the management, collection, care, administration and protection of the

348trust or estate including fiduciary compensation and attorneys' fees.

349(7) Receive Property. [-] To receive any property, real or personal,

350from any source and administer such property as a portion of any

351appropriate trust or estate under the management of the fiduciary. The

352fiduciary, in its sole discretion, and at the expense of the trust or estate,

353may inspect, investigate, cause to be inspected or cause to be

354investigated, property that the fiduciary has been asked to hold or that

355would in any way be an addition to the estate or trust, or property

356owned or operated by an entity in which the fiduciary has been asked

357to hold an interest, for the purpose of determining the potential

358application of any federal, state, local or foreign environmental law,

359rule or regulation to such property. The taking of any action under this

360subdivision is not evidence that the fiduciary has accepted any

361addition to the estate or trust.

362(8) Borrow Money. [-] To borrow money and to assume

363indebtedness for such periods of time and upon such terms and

364conditions as to rates, maturities, renewals, and security as the

365fiduciary shall deem advisable, including the powers of a corporate

366fiduciary to borrow from its own banking department, for the purpose

367of paying debts, taxes, administration expenses, or other charges

368against the estate or any trust, or any part thereof, and to mortgage,

369pledge or otherwise encumber such portion of the estate or any trust as

370may be required to secure such loan or loans, and to renew existing

371loans either as maker or endorser.

372(9) Vote Shares. [-] To vote shares of stock owned by the estate or

373owned by any trust at stockholders' meetings in person or by special,

374limited, or general proxy, with or without power of substitution.

375(10) Register in Name of Nominee. [-] To hold any investment in the

376name of a nominee or in any form in which title will pass by delivery,

377but the fiduciary shall be liable for any act of the nominee in

378connection with the investment so held. Any corporation or its transfer

379agent may presume conclusively that the nominee is the actual owner

380of securities submitted for transfer.

381(11) Use of Private Nominees. [-] To form a general or limited

382partnership or partnerships under any name or names of the

383fiduciary's selection for the purpose of taking and holding title to all or

384any of the assets comprising the estate or trust property and for

385becoming the named beneficiary of any or all of the insurance policies

386therein; [said] such partnership or partnerships shall have the power to

387deposit, withdraw, sell, loan, mortgage, lease, assign, convey,

388exchange, transfer or deal with [said] such estate or trust property in

389all ways permitted to the fiduciary and to take any such action over the

390signature of only one partner or of the partnership itself; and any

391broker, bank, savings bank, savings and loan association, and any

392corporation or its transfer agent or registrar may presume conclusively

393that said partnership or partnerships are the actual owners of the bank

394deposits, savings and loan shares and securities registered in their

395names and submitted for transfer or reregistration.

396(12) Take and Exercise Options, Rights and Privileges. [-] To take

397options for acquisition of property, to exercise all options, rights, and

398privileges to convert stocks, bonds, debentures, notes, mortgages, or

399other property into other stocks, bonds, debentures, notes, mortgages,

400or other property; to subscribe for other or additional stocks, bonds,

401debentures, notes, mortgages, or other property; and to hold such

402stocks, bonds, debentures, notes, mortgages, or other property so

403acquired as investments of the estate or trust so long as the fiduciary

404shall deem advisable.

405(13) Participate in Reorganizations. [-] To unite with other owners of

406property similar to any which may be held at any time in the

407decedent's estate or in any trusts in carrying out any plan for the

408consolidation or merger, dissolution or liquidation, foreclosure, lease

409or sale of the property; incorporation or reincorporation, acquisition,

410recapitalization, reorganization or readjustment of the capital or

411financial structure of any corporation, company or association the

412securities of which may form any portion of an estate or trust; to

413become and serve as a member of a stockholders' or bondholders'

414protective committee; to deposit securities in accordance with any plan

415agreed upon; to pay any assessments, expenses, or sums of money that

416may be required for the protection or furtherance of the interest of the

417distributees of an estate or beneficiaries of any trust with reference to

418any such plan; and to receive as investments of any estate or any trust

419any securities issued as a result of the execution of such plan.

420(14) Renew and Extend Obligations. [-] To continue any obligation,

421whether secured or unsecured, upon and after maturity with a renewal

422or extension upon such terms as the fiduciary shall deem advisable,

423without regard to the value of the security, if any, at the time of such

424continuance, even though such continuance may extend beyond the

425period of the estate or of any trust.

426(15) Foreclose and Bid in. [-] To foreclose, as an incident to the

427collection of any bond, note or other obligation, any mortgage, deed of

428trust, or other lien securing such bond, note or other obligation, and to

429bid in the property at such foreclosure sale, or to acquire the property

430by deed from the mortgagor or obligor without foreclosure; and to

431retain the property so bid in or taken over without foreclosure.

432(16) Insure. [-] To carry such insurance coverage, including, but not

433limited to, public liability, fire, rent, title or casualty insurance for such

434hazards and in such amounts, either in stock companies or in mutual

435companies, as the fiduciary shall deem advisable. A fiduciary or a

436fiduciary's employee who is a director of any corporation, more than

437nineteen per cent of whose stock is held by the estate or any trust, may

438use estate or trust assets to purchase and pay premiums on insurance

439to indemnify himself or herself from liability resulting from acting

440with conflicting interests and from other acts in his or her capacity as a

441director.

442(17) Collect. [-] To collect, receive and give receipts for rents, issues,

443profits, and income of an estate or trust.

444(18) Litigate, Compromise or Abandon. [-] To compromise, adjust,

445arbitrate, sue on or defend, abandon, or otherwise deal with and settle

446claims in favor of or against the estate or trust as the fiduciary shall

447deem advisable, and the fiduciary's decision shall be conclusive

448between the fiduciary and the beneficiaries of the estate or trust in the

449absence of fraud, bad faith or gross negligence of the fiduciary. No

450beneficiary serving as a cofiduciary and no settlor serving as a

451fiduciary or cofiduciary may participate in any decision as to claims

452between him and the estate or trust. Any claim by a settlor or

453beneficiary serving as a cofiduciary shall be determined only by the

454other cofiduciary.

455(19) Employ and Compensate Agents, etc. [-] To employ and

456compensate persons deemed by the fiduciary needful to advise or

457assist in the proper settlement of the estate or administration of any

458trust including, but not limited to: Servants, agents, accountants,

459brokers, attorneys-at-law, attorneys-in-fact, real estate managers, rental

460agents, realtors, appraisers, and investment counsel, custodians and

461other professional advisors as reasonably may be required or desired

462in managing, protecting and investing the estate or any trusts without

463liability for any neglect, omission, misconduct, or default of such

464person provided such person was selected and retained with due care

465on the part of the fiduciary. If investment counsel is selected, which at

466the time of selection has a reputation in its community for competence

467and fair dealing, its selection and retention shall be considered as

468having been made with due care, provided the fiduciary continues to

469retain such counsel only so long as such counsel maintains [said] such

470reputation. Under [said] such circumstances, the fiduciary shall have

471 no investment responsibility whatever and may act without

472independent investigation upon the recommendations of any such

473person, without liability for any neglect, omission, misconduct, or

474default of such person.

475(20) Acquire and Hold Property of Two or More Trusts Undivided.

476[-] To acquire, receive, hold and retain the principal of several trusts

477created by a single instrument undivided until division shall become

478necessary in order to make a distribution; to hold, manage, invest,

479reinvest, and account for the several shares or parts of shares by

480appropriate entries in the fiduciary's books of account, and to allocate

481to each share or part of share its proportionate part of all receipts and

482expenses; provided, that the provisions of this subdivision shall not

483defer the vesting in possession of any share or part of share of the

484estate or trust.

485(21) Distribute in Cash or Kind. [-] To make distribution of assets of

486the estate or trust in kind or in cash, or partially in kind and partially

487in cash, in divided or undivided interests, provided shares may be

488composed differently and specific assets may be allocated to particular

489distributions; to make such distribution either upon final distribution

490or during one or more preliminary distributions, at the then current

491values, as the fiduciary finds to be most practicable and for the best

492interests of the distributees; and to make reasonable determinations of

493said values for the purpose of making distribution if there is more than

494one distributee thereof, which determination shall be binding upon the

495 distributees, provided no settlor serving as a fiduciary of an

496irrevocable trust and no beneficiary serving as a fiduciary of any trust

497shall have such power.

498(22) Pay to or for Minors or [Incompetents] Incompetent Persons. [-]

499To make payments in money or in property, to or for a minor or

500incompetent person in any one or more of the following ways: (A) To

501such minor or incompetent person directly, if the fiduciary in its sole

502and absolute discretion deems such payment advisable; (B) to apply

503directly in payment for the support, maintenance, education, and

504medical, surgical, hospital, or other institutional care of such minor or

505incompetent person; (C) to the legal or natural guardian of such minor

506or conservator of such incompetent person; (D) to any other person,

507whether or not appointed guardian of the person or conservator by

508any court, who shall, in fact have the care and custody of the person of

509such minor or incompetent person. The fiduciary shall not be under

510any duty to see to the application of the payments so made and the

511receipt by such person shall be full acquittance to the fiduciary.

512(23) Determine Income and Principal Questions. [-] To determine in

513accordance with applicable law, where not otherwise provided by

514Connecticut's Principal and Income Act, all questions with respect to

515the manner in which expenses and charges, including the fiduciary's

516compensation as such, are to be borne and receipts are to be credited as

517between principal and income.

518(24) Capital Gain from Mutual Funds. [-] The fiduciary is directed to

519allocate to principal all distributions representing capital gains

520received from the sale of securities held by regulated investment

521companies, real estate investment trusts or mutual funds owned by the

522trust.

523(25) Manage Real Property. [-] (A) To improve, manage, protect,

524develop, acquire and make additions to, exchange, and abandon any

525real property or any interest therein; (B) to dedicate to public use or,

526where legally permissible, to withdraw from such dedication, parks,

527streets, highways, or alleys; (C) to subdivide or resubdivide any real

528property; (D) to borrow money for the purposes authorized by this

529subdivision for such periods of time and upon such terms and

530conditions as to rates, maturities and renewals as the fiduciary shall

531deem advisable and to mortgage or otherwise encumber any such

532property or part thereof, whether in possession or reversion; (E) to

533lease or sublease any such property or part thereof to commence at the

534present or in the future, upon such terms and conditions, including

535options to renew or purchase, and for such period or periods of time as

536the fiduciary deems advisable, although such period or periods may

537extend beyond the duration of the trust or the administration of the

538estate involved; (F) to make gravel, sand, oil, gas and other mineral

539leases, subleases, contracts, licenses, conveyances or grants of every

540nature and kind which are lawful in the jurisdiction in which such

541property lies or to employ an ancillary fiduciary or fiduciaries so to act;

542(G) to manage and improve timber and forests on such property, to sell

543the timber and forest products, and to make grants, leases, and

544contracts with respect thereto; (H) to make, modify, renew or extend

545leases and subleases as lessor or lessee; (I) to employ agents to rent and

546collect rents; (J) to grant and create easements and release, convey, or

547assign any right, title, or interest with respect to any easement on real

548property or part thereof and enter into party wall agreements; (K) to

549erect, make repairs, replacements or improvements, structural or

550otherwise, or to renovate any building or other improvement on real

551property, and to alter, raze, remove or demolish any building or other

552improvement in whole or part; (L) to survey, partition, and adjust

553boundaries; and to make plats of any real property; and (M) to deal

554with any such property and every part thereof in all other ways and

555for such other purposes or considerations as would be lawful for any

556person owning the same.

557(26) Deal with Other Trusts. [-] In dealing with one or more other

558trusts, the fiduciary may sell property, real, personal or mixed to, or

559exchange property with, the trustee of any trust which the testator or

560the settlor or [his] the spouse or any child of [his] the testator or settlor

561has created, for such estates and upon such terms and conditions as to

562sale price, terms of payment, and security as the fiduciary shall deem

563advisable, and no fiduciary shall have any duty to follow the proceeds

564of any such sale, provided a fiduciary who is the settlor of an

565irrevocable trust or a fiduciary who is a spouse or child of the settlor or

566testator, whether or not the trust is irrevocable, shall not have such

567power, nor shall a fiduciary who is also a beneficiary of another trust

568have any such power to deal with the trust of which [he] the fiduciary

569is a beneficiary.

570(27) Make Advances. [-] In its sole and absolute discretion and

571without in any way being required so to do, to advance money for the

572protection of the trust or estate, and for all expenses, losses and

573liabilities sustained in the administration of the trust or estate or

574because of the holding or ownerships of any trust or estate assets, for

575which advances and any interest thereon the fiduciary shall have a lien

576on the assets of the trust or estate as against a beneficiary, and in its

577sole and absolute discretion and without in any way being required so

578to do, to advance, without provision for reimbursement, cash to the

579executor of the will or administrator of the estate of the testator or

580settlor or of his or her spouse if there are insufficient liquid assets to

581pay debts, taxes or administration expenses of the decedent, or of his

582or her deceased spouse.

583(28) Maintain Reserves. [-] To maintain reasonable reserves for

584depreciation, depletion, other than percentage depletion, and for

585amortization, and obsolescence.

586(29) Make Contracts and Execute Instruments; No Duty of Inquiry.

587[-] To make contracts and to execute instruments, under seal or

588otherwise, as may be necessary in the exercise of the powers herein

589granted. No party dealing with a fiduciary need inquire as to the

590existence or proper exercise of any power of [said] such fiduciary,

591whether said power is granted directly or incorporated by reference.

592(30) Perform Decedent's Executory Contracts. [-] The fiduciary may

593in its discretion, complete performance of the decedent's valid

594executory contracts which, at the time of [his] the decedent's death,

595had not been fully performed.

596(31) Use of Property by Distributee. [-] During the administration of

597the testator's estate, the fiduciary shall have the discretion to permit

598any beneficiary to have the use, possession, and enjoyment, without

599charge, of any real estate or tangible personal property devised,

600bequeathed or ultimately distributable to [said person] the beneficiary,

601so long as [he] the beneficiary lives, and if [he] the beneficiary dies

602before his or her right to [said] such property becomes absolute or

603before [said] such property is distributed to [him] the beneficiary,

604neither [he] the beneficiary nor his or her estate shall be held liable for

605any loss, destruction, damage, depreciation or waste of [said] such

606property except through his or her fault or neglect. Neither the

607existence nor exercise of this power shall be deemed a constructive or

608actual distribution of the property to which it relates.

609(32) Continue Business. [-] To the extent and upon such terms and

610conditions and for such periods of time as the fiduciary shall deem

611necessary or advisable, to continue or participate in the operation of

612any business or other enterprise, whatever its form or organization,

613including, but not limited to, the power: (A) To effect incorporation,

614dissolution, merger, consolidation or sale of all or substantially all of

615the assets, either for cash or in exchange for stock or other securities, or

616to make other changes in the form of the organization of the business

617or enterprise, and to diminish, enlarge or change the scope of nature or

618nature of any business; (B) to dispose of any interest therein or acquire

619the interest of others therein; (C) to contribute thereto or invest therein

620additional capital or to lend money thereto, in any such case upon

621such terms and conditions as the fiduciary shall approve from time to

622time, except that a settlor of an irrevocable trust who is serving as a

623fiduciary thereof shall not have this power; (D) to determine whether

624the liabilities incurred in the conduct of the business are to be

625chargeable solely to the part of the estate or trust set aside for use in

626the business or to the estate or trust as a whole, but such allocation

627[must] shall be done in accordance with applicable law; (E) to control,

628direct and manage the business, delegate all or any part of the

629fiduciary's power to supervise and operate to such person or persons

630as the fiduciary may select, including any associate, partner, officer or

631employee of the business; (F) to hire and discharge officers and

632employees, to fix their compensation and define their duties; and to

633employ, compensate and discharge agents, attorneys, consultants,

634accountants and such other representatives as the fiduciary may deem

635appropriate, including the right to employ any beneficiary, or

636individual fiduciary, in any of the foregoing capacities; (G) to pledge

637other assets of the estate or trust as security for loans made to such

638business; (H) to retain in the business such amount of the net earnings

639for working capital and other purposes of the business as the fiduciary

640may deem advisable in conformity with sound business practice,

641provided such retention does not impair any right of a beneficiary to

642receive all income from [his] the beneficiary's share of any trust; (I) to

643purchase, process and sell merchandise of every kind and description;

644(J) to purchase and sell machinery and equipment, furniture and

645fixtures and supplies of all kinds; (K) to sell or liquidate all or any part

646of any business at such time and price and upon such terms and

647conditions, including credit, as the fiduciary may determine, including

648a sale to any partner, officer or employee of the business or to any

649individual fiduciary as beneficiary hereunder, provided any such sale

650shall be for adequate and full consideration and no such sale shall be

651made to an individual fiduciary who is also a beneficiary thereunder;

652(L) to invest other estate or trust funds in such business; and to loan

653funds from the trust to such business; and (M) in all cases in which the

654fiduciary is required to furnish statements to beneficiaries or to file

655accounts in any court or in any other public office, it shall not be

656necessary to itemize business receipts and disbursements and

657distributions of property but it shall be sufficient for the fiduciary to

658show in the account a single figure or consolidation of figures, and the

659fiduciary shall be permitted to account for money and property

660received from the business and any payments made to the business in

661lump sum without itemization.

662(33) Appoint Ancillary Fiduciaries. [-] The fiduciary may itself act or

663it may select one or more persons or corporations to act as an ancillary

664fiduciary or fiduciaries and, to the extent permitted by applicable law,

665all of the powers held by the domiciliary fiduciary are hereby granted

666to the ancillary fiduciary or fiduciaries and all costs of ancillary

667administration may be paid from either the domiciliary estate or trust

668or the ancillary estate or trust, as the fiduciary may decide in its sole

669discretion.

670(34) Postpone Distribution and Accounting. [-] To postpone

671distribution and accounting with respect to any trust for a year from

672the date of the termination of the trust, if in the judgment of the

673fiduciary such postponement shall be necessary or advisable.

674(35) (A) Alternate Valuation Date. [-] The fiduciary may elect to

675value the estate for tax purposes at the values of its assets on the date

676of decedent's death or at those values on an estate tax valuation date

677other than the date of the decedent's death, whether or not such

678election increases or decreases the federal estate tax. No adjustments

679shall be required to be made between income and principal or between

680the property interests passing to any beneficiaries which may be

681affected as a result of such election. (B) Administration and Other

682Expenses. [-] To the extent permitted by law, the fiduciary may elect to

683claim certain administration expenses, casualty losses, medical and

684other expenses as deductions either on the income tax returns of the

685estate or of the decedent or on the federal estate tax return or partly on

686each. The fiduciary shall elect to claim from time to time such expenses

687as deductions on the particular tax returns which in the fiduciary's

688opinion should result in the lowest total taxes being paid by the estate

689and its beneficiaries, regardless of whether such expenses may be

690payable from the income or principal of such estate, and the fiduciary

691is not required to make adjustments between income or principal or

692between the property interests passing to any beneficiaries which may

693be affected on account of such election, except that (i) where one or

694more residuary legatees of a will containing a so-called preresiduary

695marital deduction formula provision is a charitable organization, as

696defined in Section 501(c) of the [Federal] Internal Revenue Code of

6971986, or any subsequent corresponding internal revenue code of the

698United States, as amended from time to time, [amended,] or any

699corresponding provision of applicable revenue laws, in effect at the

700date of the death of the testator of a will incorporating sections 45a-233

701to 45a-236, inclusive, and (ii) the fiduciary elects to treat such expenses

702in whole or in part as income tax deductions with the result that

703federal estate taxes paid from and chargeable to such principal are

704greater than if the contrary election had been made, an amount equal

705to the difference in such estate taxes shall be reimbursed to such

706principal from the income. (C) Joint Returns. [-] The fiduciary is

707specifically authorized but not required to execute and file a joint

708income tax return with the surviving spouse or his or her executor or

709administrator for the year of the decedent's death and for any prior

710years. The fiduciary is also authorized but not required to execute and

711file a gift tax return with the decedent's spouse or his or her executor

712or administrator, if any gift tax return is required of either the

713decedent or his or her spouse for any quarter in the year in which

714death occurs or for any quarter or year prior thereto. The fiduciary is

715authorized but not required to consent to treat any gifts made by such

716decedent's spouse as being made one-half by the decedent. The

717fiduciary may pay such income and gift taxes as are chargeable to the

718decedent and, in its discretion, may pay the entire amount of such

719taxes. The fiduciary shall incur no personal liability for any action

720taken by it in good faith in accordance with any of the foregoing

721authorizations. (D) Installment Payment of Estate Taxes. [-] The

722fiduciary is authorized in its discretion to elect to pay all or any part of

723the federal estate tax on the estate in installments under the provisions

724of Section 6166 of the [Federal] Internal Revenue Code of 1986, or any

725subsequent corresponding internal revenue code of the United States,

726as amended from time to time, [amended,] or any corresponding

727provision of applicable revenue laws. (E) Request for Extension of

728Time for Paying Estate Tax. [-] The fiduciary is authorized in its

729discretion to request an extension of time for paying the federal estate

730tax, or any installment thereof on the estate or any amounts

731determined as a deficiency thereon under the provisions of Section

7326161 or 6163 of the [Federal] Internal Revenue Code of 1986, or any

733subsequent corresponding internal revenue code of the United States,

734as amended from time to time. [amended.] (F) Election of Special Use

735Valuation. [-] The fiduciary is authorized to make all elections with

736respect to valuations authorized by Section 2032A and related sections

737of the [Federal] Internal Revenue Code of 1986, or any subsequent

738corresponding internal revenue code of the United States, as amended

739from time to time. [amended.] (G) Pension and profit-sharing plans. [-]

740To elect, either revocably or irrevocably, to receive death benefits and

741any other sums payable with respect to any pension and profit-sharing

742plans in a lump sum, in installments or as an annuity; to waive the

743benefit of any income averaging provisions available for distributions

744from pension and profit-sharing plans; to elect a different mode of

745distribution with respect to each applicable pension and profit-sharing

746plan. The term, "pension and profit-sharing plan", includes any

747pension, profit-sharing, thrift, stock purchase, or bonus plan as well as

748any so called "Keogh" plans and individual retirement accounts. A

749decedent's spouse, if acting as a fiduciary, shall take no part in the

750exercise of any election under any pension or profit-sharing plan. (H)

751In making any of the elections authorized in subparagraph (D), (E), (F)

752or (G) of this subdivision, the fiduciary is authorized to take all action

753it deems necessary to implement said elections without incurring

754personal liability for any action taken or omitted by it in good faith

755under said authorization.

756(36) Surrender of Stock for Redemption. [-] The fiduciary is

757authorized in its discretion to surrender shares of stock in any

758corporation to the corporation issuing such stock for redemption,

759accepting in payment for the redeemed shares cash, notes or other

760property; and to vote the shares of stock of any corporation in favor of

761the redemption of shares of its stock included in determining the gross

762estate of a decedent, either for cash, notes or other property, including

763a redemption of such shares designed to provide funds for the

764payment of the decedent's death taxes, funeral expenses and

765administration expenses under the provisions of Section 303 of the

766 [Federal] Internal Revenue Code of 1986, or any subsequent

767corresponding internal revenue code of the United States, as amended

768from time to time, [amended,] or any corresponding provision of

769applicable revenue laws and the fiduciary shall incur no personal

770liability for any action taken or omitted by it in good faith in

771accordance with any of the foregoing authorizations.

772(37) Pooling Agreements and Voting Trusts. [-] To enter into any

773kind of pooling agreements and voting trusts, even though such action

774may involve delegation of authority.

775(38) Exculpation. [-] The fiduciary is hereby exonerated from any

776liability resulting from its retention, sale or operation, whether due to

777losses, depreciation in value or actions taken or omitted to be taken

778with respect to any business, farm or real estate interests held in an

779estate or trust, nor shall the fiduciary be liable for any loss to or

780depreciation of any other estate or trust property, so long as it is acting

781in good faith in the management thereof and exercising reasonable

782care and diligence, but the fiduciary is not exonerated from [his] the

783fiduciary's own bad faith, wilful misconduct or gross negligence.

784(39) Deal with Environmental Hazards. [-] To take any reasonable

785action and expend any reasonable amount from the estate or trust that

786the fiduciary deems advisable for the purposes of complying with or

787 ensuring compliance with any federal, state, local or foreign

788environmental law, rule or regulation, including, but not limited to,

789the following powers:

790 (A) To conduct or authorize investigations, tests, audits,

791assessments or other actions or inquiries with respect to any real

792property for the purposes of determining compliance with any federal,

793state, local or foreign environmental law, rule or regulation, or any

794requirement or demand of any governmental authority;

795(B) To review periodically or require the inspection of any and all

796property held in the estate or trust for the purpose of determining

797compliance with any law, rule or regulation affecting such property;

798(C) To take any reasonable remedial action, to contain, clean up or

799remove any actual or threatened environmental hazard, including a

800spill, release, discharge or contamination, to conduct site restoration

801work on any real property and to notify the appropriate federal, state

802or local authorities either on its own accord or in response to an actual

803or threatened violation of any environmental law, rule or regulation;

804(D) To institute legal proceedings or make claims or demands

805concerning environmental hazards, contamination or conditions, and

806to contest, pay, compromise, settle or comply with legal proceedings,

807claims, demands, orders, penalties, fines and damages brought by any

808federal, state, local or foreign governmental authorities concerned with

809environmental compliance, or by a private litigant. The powers under

810this subdivision shall apply with respect to any real property owned or

811operated by the decedent, the estate or the trust, or in which the

812fiduciary, in its fiduciary capacity, has any actual or potential

813ownership or management responsibility, including real property

814owned or operated by any entity in which the fiduciary has an

815ownership or management interest. The fiduciary is further authorized

816to reimburse itself or any other designated fiduciary, that may have

817declined or been unable to serve for any reason, for reasonable

818 expenses incurred prior to its appointment for the purposes

819enumerated in this subdivision.

820Sec. 10. Section 45a-235 of the general statutes is repealed and the

821following is substituted in lieu thereof (Effective October 1, 2019):

822Additional Powers. [-] Any one or more or all of the following

823additional powers or any portion thereof may be incorporated by

824reference, as provided in [section 45a-233(a)] subsection (a) of section

82545a-233, but only to the extent they are individually referred to in such

826will or other instrument.

827(1) Stock of Fiduciary. [-] To retain and invest and reinvest in and

828purchase any stock or other securities issued by the fiduciary in its

829individual capacity, or by any parent holding company of the

830fiduciary, including any stock dividends thereon and any securities

831 issued in lieu thereof as the result of any recapitalization,

832reorganization, consolidation or merger. Furthermore the fiduciary

833may exercise or sell any rights, or exercise part and sell part thereof,

834including rights to buy fractional shares, issued to it by reason of its

835ownership of any such security; and may retain and hold any security

836so acquired and vote and issue general or limited proxies to vote [said]

837such stock.

838(2) Buy Insurance and Annuities. [-] To retain and to purchase

839insurance contracts, on the life of any beneficiary or of any person in

840whom a beneficiary has an insurable interest, or annuity contracts for

841any beneficiary and to pay the premiums thereon out of such

842beneficiary's portion of principal or income as the fiduciary, in its

843discretion, shall determine.

844(3) Invest in Partnerships, etc. [-] To retain, invest and reinvest in

845partnerships, joint ventures, leases, real estate syndicates, small

846business investment companies and hedge funds.

847(4) Speculative Assets. [-] To retain, trade and speculate in any real,

848personal or mixed property as the fiduciary shall deem advisable,

849wherever situated, including but not limited to: (A) Any one or more

850or all commodities and commodity options regularly traded on

851exchanges in or outside the United States, in either spot or futures

852contracts, claims, straddles, spreads or any other type of commodity

853contract, whether long or short; (B) puts, calls, straddles and options in

854any domestic or foreign securities and short sales of such contracts and

855of securities; (C) interests in oil, gas, coal, gravel, sand, timber, sulphur,

856precious and semiprecious stones, minerals, metals and their ores,

857including, but not limited to, iron, aluminum, copper, rhodium,

858palladium, platinum, radium, uranium and gold and silver bullion,

859bars, bricks and coins, and any other mineral and timber rights,

860royalties, leases and payments, and interests in computer hardware

861and software; (D) any interests in breeding or dairy cattle, horses,

862hogs, sheep, dogs, cats or other animals; (E) postage and revenue

863stamps, postal covers, coins, jewelry, rare books, paintings, etchings,

864statues, sculptures, antiques, curios, antique firearms and edged

865weapons, and other collectible items and art objects; (F) aircraft, ships,

866railroad locomotives, rolling stock, buses, antique automobiles and

867other vehicles; and (G) foreign currencies and United States Treasury

868bills, including futures contracts in such assets, whether long or short.

869(5) Oil and Gas Interests. [-] To have power with respect to oil,

870natural gas, minerals, and all other natural resources and rights to any

871interests therein, together with all equipment rights pertaining thereto,

872including oil and gas royalties, leases, payments, or other oil and gas

873interests of any character, whether owned in fee, as lessee, lessor,

874licensee, concessionaire or otherwise, either alone or jointly with others

875as partner, joint tenant, or joint venturer or in any other noncorporate

876manner, to: (A) Make oil, gas and mineral leases or subleases; (B) pay

877delayed rents, lease bonuses, royalties, overriding royalties, taxes,

878assessments, and all other charges; (C) sell, lease, exchange, mortgage,

879pledge or otherwise hypothecate any or all of such rights and interests;

880(D) surrender or abandon, with or without consideration, any or all of

881such rights and interests; (E) make farm-out, pooling, repressuration

882 and unitization agreements; (F) make reservations or impose

883conditions on the transfer of any such rights or interests; (G) employ

884the most advantageous business form in which properly to exploit

885such rights and interests, whether as corporations, general or limited

886partnerships, mining partnerships, joint ventures, cotenancies, or

887otherwise; (H) drill, test, explore, mine, develop and otherwise exploit

888any and all such rights and interests; (I) produce, process, sell or

889exchange all products recovered through the exploitation of such

890rights and interests, and to enter into contracts and agreements for or

891in respect of the installation or operation of absorption, reprocessing or

892other processing plants; (J) carry any or all such interests in the name

893or names of a nominee or nominees; (K) delegate, to the extent

894permitted by law, any or all of the powers set forth herein to the

895operator of such property; and (L) employ personnel, rent office space,

896buy or lease office equipment, contract and pay for geological surveys

897and studies, procure appraisals, and generally to conduct and engage

898in any and all activities incident to the foregoing powers, with full

899power to borrow and pledge in order to finance such activities. The

900 fiduciary shall have the right to rely on the judgment and

901recommendations of the operators of such property and need not make

902an independent investigation before acting on their reasonable

903recommendations.

904(6) Form Corporation or Other Entity. [-] To form a corporation or

905other entity under the laws of any jurisdiction and to transfer, assign,

906and convey to such corporation or entity all or any part of the estate or

907of any trust property in exchange for the stock, securities or obligations

908of any such corporation or entity, and to continue to hold such stock,

909securities and obligations.

910(7) Fiduciary May Become Director or Officer. [-] To vote for any

911individual fiduciary or any employee, officer or director of any

912corporate fiduciary, to be a director, officer, or both, of any corporation

913or small business investment company in which the estate or trust may

914be interested and to belong to any committee relating in any way to

915such corporation or company; and to serve as such director, officer,

916committee member, or any or all of them, and receive proper

917remuneration for such services, and to exercise its discretion with

918respect to all matters concerning the affairs of such corporation or

919company, and to consent to corporate or partnership sales, exchanges,

920leases, mortgages and encumbrances, without in any way being

921accountable for any such acts to any beneficiaries.

922(8) Operate Farm. [-] To continue any agricultural operation

923received by the fiduciary pursuant to the will or other instrument and

924to do any and all things deemed advisable by the fiduciary in the

925management and maintenance of any farm, which term includes, but is

926not limited to, a farm, garden, orchard, ranch, timber tract or dairy;

927and to do any and all things concerning the production and marketing

928of crops and dairy, poultry, livestock, orchard and forest products

929including, but not limited to, the following powers: (A) To operate the

930farm with hired labor, tenants or sharecroppers; (B) to lease or rent the

931farm for cash or for a share of the crops; (C) to purchase or otherwise

932acquire farm machinery and equipment and livestock; (D) to

933undertake the construction, repairs and improvements to farm

934buildings of all kinds needed in the fiduciary's judgment, for the

935operation of the farm; (E) to make or obtain loans or advances at the

936prevailing rate or rates of interest for farm purposes such as for

937production, harvesting, or marketing, or for the construction, repair, or

938improvement of farm building, or for the purchase of farm machinery

939or equipment or livestock; (F) to employ approved soil conservation

940practices in order to conserve, improve, and maintain the fertility and

941productivity of the soil; (G) to protect, manage and improve the timber

942and forest on the farm and sell the timber and forest products when it

943is for the best interest of the estate, or any trust; (H) to ditch, dam and

944drain damp or wet fields and areas of the farm when and where

945needed; (I) to engage in the production of livestock, poultry or dairy

946products, and to construct such fences and buildings and plant such

947pastures and crops as may be necessary to carry on such operations; (J)

948to market the products of the farm; and (K) in general, to employ good

949husbandry in the operation of the farm.

950(9) Residential Realty. [-] To retain any residential real property or

951apartment and the contents of [said] such real property or apartment

952received by it hereunder, to purchase, to rent and to maintain

953residential real property including an ordinary, cooperative or

954condominium apartment for occupancy, rent free, by any of the

955beneficiaries hereunder, so long as one or more of them wish to use

956and occupy it as a home, and to sell it when it is no longer so used and

957occupied, to pay all rent, taxes, assessments, repairs and other charges

958for maintaining such real and personal property or apartment,

959including title, public liability, fire and extended coverage insurance,

960and to make such purchases or payments out of such beneficiary's

961portion of the principal or income, in accordance with applicable law,

962as the fiduciary in its sole discretion shall determine.

963(10) Deal with Estate and Trust. [-] To deal in every way with the

964estate and trust of the settlor or testator, including but not limited to

965the purchase from, the sale to, the exchange of assets with such estate

966and trust, or the making of loans thereto, either secured or unsecured

967and either interest-free or at such rates of interest as the fiduciary shall

968determine, and to make loans from an estate to a trust, in the discretion

969of the fiduciary. The powers described herein may be exercised by the

970fiduciary even though it is the legal representative of the estate, and

971the fiduciary shall not incur any liability for any loss resulting from the

972exercise of any such power.

973(11) Suits on Insurance Policies. [-] To institute any proceeding at

974law or in equity to enforce the payment of any life insurance policy

975payable to the fiduciary and to do any and all things which it in its sole

976discretion deems advisable for the purpose of collecting any sums

977which may be due or payable under any such policy, provided, that

978the fiduciary shall be under no obligation to institute or enter into any

979such litigation to enforce the payment of any such policy until it shall

980have been indemnified to its satisfaction against all expenses and

981liabilities to which it may, in its judgment, be subjected by any such

982action on its part.

983(12) Advancement of Income. [-] The fiduciary, other than a

984beneficiary serving as a fiduciary, shall have the discretion to advance

985income to or for the use of any beneficiary and the fiduciary shall have

986a lien therefor on that beneficiary's future benefits.

987(13) Majority Action Permissible. [-] Where there are three or more

988fiduciaries, the decision of a majority of the fiduciaries shall bind all of

989the fiduciaries, but an absent or dissenting fiduciary who joins in

990carrying out the decision of the majority shall not be liable for the

991consequences of any majority decision if said absent or dissenting

992fiduciary promptly files a written notice, by certified mail, of his or her

993dissent with its cofiduciaries and with (A) the [probate court] Probate

994Court having jurisdiction over any estate or trust, or (B) the income

995beneficiaries of any inter vivos trust, provided that liability for failure

996to join in administering the estate or trust or in preventing a breach of

997the trust may not thus be avoided.

998(14) Reduce Interest Rates. [-] To reduce the interest rate from time

999to time on any obligation, whether secured or unsecured, constituting

1000 a part of an estate or trust.

1023 amortize from income as a sinking fund any premium paid to acquire 1024 property and to accrue any discount received at the time of acquisition 1025 thereof.

1026 (19) Remortgage and Refinance Real Estate. [-] To remortgage and 1027 refinance real estate for any one or more of the following purposes: (A) 1028 Business reasons; (B) to obtain funds to pay (i) estate, inheritance, 1029 transfer, succession, generation-skipping or other death taxes or 1030 duties; (ii) income, property, excise or other similar taxes; (iii) interest 1031 and penalties on any tax; and (iv) debts and funeral and administration 1032 expenses of the settlor or testator; or (C) to invest or reinvest or 1033 speculate in real, personal or mixed property of any description and 1034 wherever situated.

1035 (20) Terminate Small Trusts. [-] To terminate any trust by 1036 distributing to the then income beneficiary of such trust the entire 1037 principal thereof, or an annuity purchased therewith, absolutely and 1038 free of trust, if the fiduciary, other than a beneficiary or the settlor 1039 serving as such, in its sole discretion, deems continuation of such trust 1040 unwarranted in view of the size of the trust.

1041 (21) Distribute Directly to Remaindermen. [-] To distribute property 1042 directly from the estate to the remaindermen of any trust, without the 1043 interposition of such trust, if the facts at the time for such distribution 1044 are such that no trust of such property would be operative under the 1045 terms of the will.

1046 (22) Disclaimer of Power. [-] To disclaim part or all of any one or 1047 more of the incorporated or specifically granted powers of the 1048 fiduciary by instrument in writing filed with the will, trust or other 1049 instrument incorporating this power and by complying with the 1050 provisions of sections 45a-578 to 45a-585, inclusive.

1051 (23) Comply with Stock Restrictions. [-] To observe and comply with 1052 any limitations on the disposition of any stock existing in the articles of 1053 incorporation, bylaws or other contract affecting such shares.

1054 (24) Continue Subchapter S election. [-] To file appropriate consent 1055 to the continuation of any Subchapter S election in existence at the time 1056 of the testator's death, within the period required by the applicable 1057 provision of the Federal Internal Revenue Code then in effect.

1058 (25) Acquire Interest in Trust Asset. [-] To acquire an undivided or 1059 an individual interest in a trust or estate asset in which the fiduciary, in 1060 any fiduciary capacity, holds an undivided interest.

1061 (26) Income to Custodian for Minor. [-] Any and all income or 1062 principal that is distributed, paid to or applied for the benefit of a 1063 minor may, in the discretion of the fiduciary, be paid to any person or 1064 corporation who is serving as a custodian for the benefit of said minor 1065 under the Uniform Gifts to Minors Act or Uniform Transfers to Minors 1066 Act. If there is no such custodian, the fiduciary may appoint an adult 1067 member of the minor's family, a guardian of the minor, a bank with 1068 trust powers, or himself, herself or itself to serve as such custodian and 1069 receive such payments.

1070 (27) General Powers. [-] To exercise every power and discretion in 1071 the management of the estate and the trusts created hereunder as the 1072 fiduciary would have if it were the absolute owner thereof. This 1073 general power shall not be limited in any way by the powers 1074 incorporated or granted herein, but no beneficiary serving as a 1075 cofiduciary may participate in any decision, under this or any other 1076 power, that affects or could affect the share of such beneficiary relative 1077 to that of any other beneficiary in income, principal or in a trust 1078 remainder.

1079 Sec. 11. Subsection (b) of section 45a-667j of the general statutes is 1080 repealed and the following is substituted in lieu thereof (Effective

1081 October 1, 2019):

1082 (b) If a petition for the appointment of a temporary conservator of 1083 the person or a temporary conservator of the estate in an emergency is 1084 brought in this state and this state was not the respondent's home state 1085 on the date the [application] petition was filed, the court shall dismiss

1086 the proceeding at the request of the court of the home state, if any, 1087 whether dismissal is requested before or after the emergency 1088 appointment.

1150 (l) Records of cases of juvenile matters involving delinquency 1151 proceedings, or any part thereof, containing information that a child 1152 has been adjudicated as delinquent for a violation of [subdivision]

1153 subsection (e) of section 1-1h, subsection (c) of section 14-147, 1154 subsection (a) of section 14-215, section 14-222, subsection (b) of section 1155 14-223, subsection (a), (b) or (c) of section 14-224, section 14-227a, 1156 section 14-227g, subsection (d) of section 21a-267, section 21a-279a, 1157 section 30-88a or subsection (b) of section 30-89, shall be disclosed to 1158 the Department of Motor Vehicles for administrative use in 1159 determining whether administrative sanctions regarding such child's 1160 motor vehicle operator's license are warranted. Records disclosed 1161 pursuant to this subsection shall not be further disclosed.

1162 Sec. 15. Subsections (c) and (d) of section 46b-133c of the general 1163 statutes are repealed and the following is substituted in lieu thereof

1164 (Effective October 1, 2019):

1165 (c) A proceeding designated as a serious juvenile repeat offender 1166 prosecution pursuant to subsection (b) of this section shall be held 1167 before the court without a jury provided the child has waived his or 1168 her right to a trial by jury. If a child is convicted of or pleads guilty to a 1169 felony in such proceeding, the court shall: (1) Sentence the child in 1170 accordance with section 46b-140, as amended by this act, [or 46b-141a] 1171 and (2) sentence the child in accordance with section 53a-28 with the 1172 execution of such sentence stayed on the condition that the child not 1173 violate the conditions of the sentence imposed pursuant to subdivision 1174 (1) of this subsection or commit a subsequent crime.

1175 (d) If a child is convicted of or pleads guilty to a misdemeanor in a 1176 proceeding designated as a serious juvenile repeat offender 1177 prosecution pursuant to subsection (b) of this section, the court shall 1178 sentence the child in accordance with section 46b-140, as amended by 1179 this act. [or 46b-141a.]

1180 Sec. 16. Subsection (d) of section 46b-133d of the general statutes is 1181 repealed and the following is substituted in lieu thereof (Effective

1182 October 1, 2019):

1183 (d) A proceeding designated as a serious sexual offender 1184 prosecution pursuant to subsection (c) of this section shall be held

1185 before the court without a jury provided the child has waived the right 1186 to a trial by jury. If a child is convicted of or pleads guilty or nolo 1187 contendere to a charge in a proceeding that has been designated as a 1188 serious sexual offender prosecution, the court shall: (1) Sentence the 1189 child in accordance with section 46b-140, as amended by this act, [or 1190 46b-141a,] (2) sentence the child to a period of special juvenile 1191 probation of at least five years, to commence upon the release of the 1192 child from the institution, agency or program in whose care the child 1193 had been placed, and (3) sentence the child in accordance with section 1194 53a-28 with the execution of such sentence stayed on the condition that 1195 the child not violate the conditions of the sentence imposed pursuant 1196 to subdivisions (1) and (2) of this subsection or commit a subsequent 1197 crime.

1198 Sec. 17. Subsection (b) of section 46b-140 of the general statutes is 1199 repealed and the following is substituted in lieu thereof (Effective

1200 October 1, 2019):

1201 (b) Upon adjudication of a child as delinquent, the court [: (1) May 1202 (A)] may (1) discharge the child from the court's jurisdiction with or 1203 without a warning, [; (B)] (2) place the child on probation supervision 1204 for a period not to exceed eighteen months, which may be extended in 1205 accordance with section 46b-140a by not more than twelve months, for 1206 a total supervision period not to exceed thirty months, [; or (C)] or (3) 1207 place the child on probation supervision with residential placement, 1208 for a period not to exceed eighteen months, which may be extended in 1209 accordance with section 46b-140a by not more than twelve months, for 1210 a total supervision period not to exceed thirty months.

1211 Sec. 18. Section 51-345 of the general statutes is repealed and the

1212 following is substituted in lieu thereof (Effective October 1, 2019):

1213 (a) Except as provided in section 51-348 and subsections (b) to (h), 1214 inclusive, of this section, all civil process shall be made returnable to a

1215 judicial district, as follows:

1216 (1) If all of the parties reside outside this state, to the judicial district

1217 where (A) the injury occurred, (B) the transaction occurred, or (C) the 1218 property is located or lawfully attached.

1219 (2) If the defendant is not a resident, to the judicial district where the 1220 attached property is located.

1221 (3) If either or both the plaintiff or the defendant are residents of this 1222 state, to the judicial district where either the plaintiff or the defendant

1223 resides, except:

1224 (A) If either the plaintiff or the defendant resides in the town of 1225 Manchester, East Windsor, South Windsor or Enfield, the action may 1226 be made returnable at the option of the plaintiff to either the judicial 1227 district of Hartford or the judicial district of Tolland.

1228 (B) If either the plaintiff or the defendant resides in the town of 1229 Plymouth, the action may be made returnable at the option of the 1230 plaintiff to either the judicial district of New Britain or the judicial 1231 district of Waterbury.

1232 (C) If either the plaintiff or the defendant resides in the town of 1233 Bethany, Milford, West Haven or Woodbridge, the action may be 1234 made returnable at the option of the plaintiff to either the judicial 1235 district of New Haven or the judicial district of Ansonia-Milford.

1236 (D) If either the plaintiff or the defendant resides in the town of 1237 Southbury, the action may be made returnable at the option of the 1238 plaintiff to either the judicial district of Ansonia-Milford or the judicial 1239 district of Waterbury.

1240 (E) If either the plaintiff or the defendant resides in the town of 1241 Darien, Greenwich, New Canaan, Norwalk, Stamford, Weston, 1242 Westport or Wilton, the action may be made returnable at the option of 1243 the plaintiff to either the judicial district of Stamford-Norwalk or the 1244 judicial district of Fairfield.

1245 (F) If either the plaintiff or the defendant resides in the town of 1246 Watertown or Woodbury, the action may be made returnable at the

1247 option of the plaintiff to either the judicial district of Waterbury or the 1248 judicial district of Litchfield.

1249 (G) If either the plaintiff or the defendant resides in the town of 1250 Avon, Canton, Farmington or Simsbury, the action may be made 1251 returnable at the option of the plaintiff to either the judicial district of 1252 Hartford or the judicial district of New Britain.

1253 (H) If either the plaintiff or the defendant resides in the town of 1254 Newington, Rocky Hill or Wethersfield, the action may be made 1255 returnable at the option of the plaintiff to either the judicial district of 1256 Hartford or the judicial district of New Britain, except for actions 1257 where venue is in the geographical area as provided in section 51-348 1258 or in rules of court.

1259 (I) If either the plaintiff or the defendant resides in the town of 1260 Cromwell, the action may be made returnable at the option of the 1261 plaintiff to either the judicial district of Hartford or the judicial district 1262 of Middlesex.

1263 (J) If either the plaintiff or the defendant resides in the town of New 1264 Milford, the action may be made returnable at the option of the 1265 plaintiff to either the judicial district of Danbury or the judicial district 1266 of Litchfield.

1267 (K) If either the plaintiff or the defendant resides in the town of 1268 Windham or Ashford, the action may be made returnable at the option 1269 of the plaintiff to either the judicial district of Windham or the judicial 1270 district of Tolland.

1271 (b) In all actions involving the title to land, for trespass to land and 1272 to foreclose or redeem mortgages or liens upon real property, civil 1273 process shall be made returnable to the judicial district where the real

1274 property is located, either entirely or in part, except:

1275 (1) If the land is located in the town of Manchester, East Windsor, 1276 South Windsor or Enfield and either the plaintiff or the defendant 1277 resides in the town of Manchester, East Windsor, South Windsor or

1278 Enfield, the action may be made returnable at the option of the plaintiff 1279 to either the judicial district of Hartford or the judicial district of 1280 Tolland.

1281 (2) If the land is located in the town of Plymouth and either the 1282 plaintiff or the defendant resides in the town of Plymouth, the action 1283 may be made returnable at the option of the plaintiff to either the 1284 judicial district of New Britain or the judicial district of Waterbury.

1285 (3) If the land is located in the town of Bethany, Milford, West 1286 Haven or Woodbridge and either the plaintiff or the defendant resides 1287 in the town of Bethany, Milford, West Haven or Woodbridge, the 1288 action may be made returnable at the option of the plaintiff to either 1289 the judicial district of New Haven or the judicial district of Ansonia- 1290 Milford.

1291 (4) If the land is located in the town of Southbury and either the 1292 plaintiff or the defendant resides in the town of Southbury, the action 1293 may be made returnable at the option of the plaintiff to either the 1294 judicial district of Ansonia-Milford or the judicial district of 1295 Waterbury.

1296 (5) If the land is located in the town of Weston, Westport or Wilton 1297 and either the plaintiff or the defendant resides in any one of these 1298 towns, the action may be made returnable at the option of the plaintiff 1299 to either the judicial district of Stamford-Norwalk or the judicial 1300 district of Fairfield.

1301 (6) If the land is located in the town of Watertown or Woodbury and 1302 either the plaintiff or the defendant resides in the town of Watertown 1303 or Woodbury, the action may be made returnable at the option of the 1304 plaintiff to either the judicial district of Waterbury or the judicial 1305 district of Litchfield.

1306 (7) If the land is located in the town of Avon, Canton, Farmington or 1307 Simsbury and either the plaintiff or the defendant resides in the town 1308 of Avon, Canton, Farmington or Simsbury, the action may be made

1309 returnable at the option of the plaintiff to either the judicial district of 1310 Hartford or the judicial district of New Britain.

1311 (8) If the land is located in the town of Newington, Rocky Hill or 1312 Wethersfield and either the plaintiff or the defendant resides in the 1313 town of Newington, Rocky Hill or Wethersfield, the action may be 1314 made returnable at the option of the plaintiff to either the judicial 1315 district of Hartford or the judicial district of New Britain, except for 1316 actions where venue is in the geographical area as provided in section 1317 51-348 or in rules of court.

1318 (9) If the land is located in the town of New Milford and either the 1319 plaintiff or the defendant resides in the town of New Milford, the 1320 action may be made returnable at the option of the plaintiff to either 1321 the judicial district of Danbury or the judicial district of Litchfield.

1322 (c) In all actions by a corporation, except actions made returnable 1323 under subsection (b), (d) or (g) of this section, civil process shall be

1324 made returnable as follows:

1325 (1) If the plaintiff is either a domestic corporation or a United States 1326 corporation and the defendant is a resident, either (A) to the judicial 1327 district where the plaintiff has an office or place of business or (B) to 1328 the judicial district where the defendant resides.

1329 (2) If the plaintiff is either a domestic corporation or a United States 1330 corporation and the defendant is a corporation, domestic or foreign, to 1331 the judicial district where (A) the plaintiff has an office or place of 1332 business, (B) the injury occurred, (C) the transaction occurred, or (D) 1333 the property is located or lawfully attached.

1334 (3) If the plaintiff is a foreign corporation and the defendant is a 1335 resident, to the judicial district where the defendant resides.

1336 (4) If the plaintiff is a foreign corporation and the defendant is a 1337 corporation, domestic or foreign, to the judicial district where (A) the 1338 injury occurred, (B) the transaction occurred, or (C) the property is 1339 located or lawfully attached.

1340 (d) In all actions involving consumer transactions, civil process shall 1341 be made returnable to the judicial district where the consumer resides 1342 or where the transaction occurred. For the purposes of this subsection, 1343 "consumer transaction" means a transaction in which a natural person 1344 obligates himself or herself to pay for goods sold or leased, services 1345 rendered or moneys loaned for personal, family or household 1346 purposes.

1347 (e) In all actions for the partition or sale of any property, civil 1348 process shall be made returnable to the judicial district where the 1349 parties, or one of them, reside; but, if none of them resides in this state, 1350 then to the judicial district where all or a part of the property is 1351 located.

1352 (f) In all actions by a nonresident executor, trustee under a will or 1353 administrator, civil process shall be made returnable to the same 1354 judicial district as would be proper if the plaintiff resided in the town 1355 where the [court of probate] Probate Court which granted 1356 administration is held.

1357 (g) Venue for small claims matters shall be at Superior Court 1358 facilities designated by the Chief Court Administrator to hear such 1359 matters. In small claims matters, civil process shall be made returnable 1360 to the Superior Court facility designated by the Chief Court 1361 Administrator to serve the small claims area where the plaintiff 1362 resides, where the defendant resides or is doing business or where the 1363 transaction or injury occurred. If the plaintiff is a domestic corporation, 1364 a United States corporation, a foreign corporation or a limited liability 1365 company, civil process shall be made returnable to a Superior Court 1366 facility designated by the Chief Court Administrator to serve the small 1367 claims area where the defendant resides or is doing business or where 1368 the transaction or injury occurred.

1369 (h) (1) In all actions involving housing matters, as defined in section 1370 47a-68, civil process shall be made returnable to the judicial district 1371 where the premises are located, except that actions described in 1372 subdivision (6) of section 47a-68 shall be heard in the geographical area

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact: None

Municipal Impact: None

Explanation

The bill makes various technical changes to the General Statutes and does not result in a fiscal impact.

The Out Years

State Impact: None

Municipal Impact: None

OLR Bill Analysis

SB 839

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

SUMMARY

This bill specifies that for municipalities where the legislative body is a town meeting or representative town meeting, the school board must consult with the board of selectmen, rather than the town's legislative body, for specified purposes, such as jointly purchasing insurance ( 4-6).

The bill also makes other minor and technical changes to various statutes.

EFFECTIVE DATE: October 1, 2019

COMMITTEE ACTION

Judiciary Committee

Joint Favorable

Yea 38 Nay 0 (03/20/2019)