Connecticut 2018 Regular Session Status: In Committee

SB 397 — AN ACT CONCERNING ADOPTION OF THE UNIFORM TRUST CODE, THE CONNECTICUT UNIFORM DIRECTED TRUST ACT AND THE CONNECTICUT QUALIFIED DISPOSITIONS IN TRUST ACT.

Last action — TRANSMITTED PURSUANT TO JOINT RULE 17

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

57 added · 59 removed

Plain-language change summary

The amendment to Bill SB 397 clarifies the definitions and terms related to various aspects of trust law in Connecticut. Notable changes include a more precise definition of "breach of trust," which now specifies that it includes violations of duties imposed by state law pertaining to trusts, and a clarification on the powers of direction granted in a trust. Additionally, the amended text includes provisions for establishing a trust's principal place of administration and the handling of representations in legal contexts, ensuring that individuals who may represent others can consent on their behalf when necessary. These changes are significant as they provide clearer guidelines for trustees and beneficiaries, potentially improving the administration of trusts.

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General Assembly   Raised Bill No.
General Assembly   Substitute Bill No.
397 February Session, 2018   LCO No.
397 February Session, 2018   *_____SB00397JUD___040418____* AN ACT CONCERNING ADOPTION OF THE UNIFORM TRUST CODE, THE CONNECTICUT UNIFORM DIRECTED TRUST ACT AND THE CONNECTICUT QUALIFIED DISPOSITIONS IN TRUST ACT.
1944   *01944_______JUD* Referred to Committee on JUDICIARY   Introduced by:
  (JUD)   AN ACT CONCERNING ADOPTION OF THE UNIFORM TRUST CODE, THE CONNECTICUT UNIFORM DIRECTED TRUST ACT AND THE CONNECTICUT QUALIFIED DISPOSITIONS IN TRUST ACT.
(NEW) (Effective October 1, 2018) This section and sections 2 to 113, inclusive, of this act may be cited as the "Connecticut Uniform Trust Code".
(NEW) (Effective October 1, 2018) This section and sections 2 to 87, inclusive, of this act may be cited as the "Connecticut Uniform Trust Code".
(NEW) (Effective October 1, 2018) Sections 1 to 113, inclusive, of this act apply to express trusts, whether testamentary or inter vivos, and trusts created pursuant to a statute, judgment or decree that requires the trust to be administered in the manner of an express trust and to charitable trusts, provided sections 1 to 113, inclusive, of this act shall not apply to statutory trusts created pursuant to chapter 615 of the general statutes.
(NEW) (Effective October 1, 2018) Sections 1 to 113, inclusive, of this act apply to express trusts, whether testamentary or inter vivos, and trusts created pursuant to a statute, judgment or decree that requires the trust to be administered in the manner of an express trust and to charitable trusts, except sections 1 to 113, inclusive, of this act shall not apply to statutory trusts created pursuant to chapter 615 of the general statutes.
(2) "Ascertainable standard" means a standard relating to an individual's health, education, support or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, as in effect on October 1, 2018, or as later amended.
(2) "Ascertainable standard" means a standard relating to an individual's health, education, support or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, as in effect on October 1, 2018, or as later amended.
(4) "Breach of trust" includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, sections 1 to 105, inclusive, of this act or law of this state other than sections 1 to 105, inclusive, of this act pertaining to trusts.
(4) "Breach of trust" includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, sections 1 to 105, inclusive, of this act or any other law of this state pertaining to trusts.
"Mandatory distribution" does not include a distribution subject to the exercise of the trustee's discretion, regardless of whether the terms of the trust (A) include a support or other standard to guide the trustee in making distribution decisions, or (B) provide that the trustee "may" or "shall" make discretionary distributions, including distributions pursuant to a support or other standard.
"Mandatory distribution" does not include a distribution subject to the exercise of the trustee's discretion, regardless of whether the terms of the trust (A) include a support or other standard to guide the trustee in making distribution decisions, or (B) provide that the trustee "may" or "shall" make discretionary distributions, including distributions pursuant to a support standard or other standard.
"Power of direction" includes a power over the investment, management, or distribution of trust property or other matters of trust administration, but does not include the powers described in subsection (b) of section 5 of this act.
"Power of direction" includes a power over the investment, management, or distribution of trust property or other matters of trust administration, but does not include the powers described in subsection (b) of section 91 of this act.
(20) "Property" means anything that may be the subject of ownership, whether real or personal and whether legal or equitable, or any interest therein.
(20) "Property" means anything that may be the subject of ownership, whether real or personal and whether legal or equitable, or any interest in such property.
Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.
Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the employee's regular duties or the employee knows a matter involving the trust would be materially affected by the information.
(NEW) (Effective October 1, 2018) (a) Except as provided in the terms of the trust, sections 1 to 105, inclusive, of this act govern the duties and powers of a trustee, relations among trustees and the rights and interests of a beneficiary.
(NEW) (Effective October 1, 2018) (a) Except as otherwise provided in the terms of the trust, sections 1 to 105, inclusive, of this act govern the duties and powers of a trustee, relations among trustees and the rights and interests of a beneficiary.
(NEW) (Effective October 1, 2018) The common law of trusts and principles of equity supplement sections 1 to 113, inclusive, of this act, except to the extent modified by sections 1 to 113, inclusive, of this act or another statute of this state.
(NEW) (Effective October 1, 2018) The common law of trusts and principles of equity supplement sections 1 to 113, inclusive, of this act, except to the extent modified by sections 1 to 113, inclusive, of this act or another provision of the general statutes.
or (2) a trust director's principal place of business is located in, or a trust director is a resident of, the designated jurisdiction;
(2) a trust director's principal place of business is located in, or a trust director is a resident of, the designated jurisdiction;
(e) The authority of a trustee under this section to transfer a trust's principal place of administration terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.
(e) The authority of a trustee under this section to transfer a trust's principal place of administration shall terminate if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.
(f) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in sections 17 to 21, inclusive, of this act was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.
(f) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in sections 17 to 21, inclusive, of this act was adequate, and to determine whether the agreement contains terms and conditions the court can properly approve.
(NEW) (Effective October 1, 2018) (a) Notice to a person who may represent and bind another person under sections 17 to 21, inclusive, of this act has the same effect as if notice were given directly to such other person.
(NEW) (Effective October 1, 2018) (a) Notice to a person who may represent and bind another person under this section and sections 18 to 21, inclusive, of this act has the same effect as if notice were given directly to such other person.
(b) The consent of a person who may represent and bind another person under sections 17 to 21, inclusive, of this act is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.
(b) The consent of a person who may represent and bind another person under this section and sections 18 to 21, inclusive, of this act is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.
(c) Except as provided in section 48 of this act, a person that, pursuant to sections 17 to 21, inclusive, of this act, may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.
(c) Except as provided in section 48 of this act, a person that, pursuant to this section and sections 18 to 21, inclusive, of this act, may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.
(d) Notwithstanding any provision of the general statutes, sections 17 to 21, inclusive, of this act shall apply to all judicial proceedings and all nonjudicial settlements, agreements or actions under sections 1 to 113, inclusive, of this act and under any other provisions of the general statutes pertaining to trust matters.
(d) Notwithstanding any provision of the general statutes, this section and sections 18 to 21, inclusive, of this act shall apply to all judicial proceedings and all nonjudicial settlements, agreements or actions under sections 1 to 113, inclusive, of this act and under any other provisions of the general statutes pertaining to trust matters.
(NEW) (Effective October 1, 2018) (a) If the court determines that an interest is not represented pursuant to sections 17 to 21, inclusive, of this act, or that the otherwise available representation might be inadequate, the court may appoint a guardian ad litem to receive notice, give consent, and otherwise represent, bind and act on behalf of a minor, an incapacitated or unborn individual, or a person whose identity or location is unknown.
(NEW) (Effective October 1, 2018) (a) If the court determines that an interest is not represented pursuant to this section and sections 17 to 20, inclusive, of this act, or that the otherwise available representation might be inadequate, the court may appoint a guardian ad litem to receive notice, give consent, and otherwise represent, bind and act on behalf of a minor, an incapacitated or unborn individual, or a person whose identity or location is unknown.
(4) transfer of property pursuant to a statute or judgment that requires property to be administered in the manner of an express trust, including, but not limited to, a trust created by the guardian of the estate of a minor or by the conservator of an estate, or a trust described in 42 USC 1396p(d)(4), as from time to time amended;
(4) transfer of property pursuant to a statute or judgment that requires property to be administered in the manner of an express trust, including, but not limited to, a trust created by the guardian of the estate of a minor or by the conservator of an estate, or a trust described in 42 USC 1396p(d)(4), as amended from time to time;
(NEW) (Effective October 1, 2018) (a) A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes or other purposes the achievement of which is beneficial to the community consistent with the provisions of sections 45a-514 and 47-2 of the general statutes.
(NEW) (Effective October 1, 2018) (a) A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes or other purposes the achievement of which is beneficial to the community, consistent with the provisions of sections 45a-514 and 47-2 of the general statutes.
(NEW) (Effective October 1, 2018) Except as provided in section 45a-489a of the general statutes or any other provision of the general statutes, the following rules apply to a trust created pursuant to this section:
(NEW) (Effective October 1, 2018) Except as provided in section 45a-489a of the general statutes or any other applicable provision of the general statutes, the following rules apply to a trust created pursuant to this section:
(NEW) (Effective October 1, 2018) (a) In addition to the methods of termination prescribed by section 35 of this act, a noncharitable trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unlawful, contrary to public policy or impossible to achieve.
(NEW) (Effective October 1, 2018) (a) In addition to the methods of termination prescribed by section 35 of this act, a noncharitable trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved or the purposes of the trust have become unlawful, contrary to public policy or impossible to achieve.
This subsection shall not apply to irrevocable trusts created before or to revocable trusts that become irrevocable prior to October 1, 2018.
This subsection shall not apply to irrevocable trusts created before, or to revocable trusts that become irrevocable prior to, October 1, 2018.
(d) For the purposes of this section, "circumstances not anticipated by the settlor" shall not include a change in the corporate identity of a trustee.
(d) For the purposes of this section, "circumstances not anticipated by the settlor" does not include a change in the corporate identity of a trustee.
(3) With respect to a trust created pursuant to 42 USC 1396p(d)(4)(A) or (C), as from time to time amended, after notice to the creditor and the state, the court may limit the award to a creditor of the settlor under subdivision (1) or (2) of this subsection to such relief as is appropriate under the circumstances, considering, among any other factors determined to be appropriate by the court, the supplemental needs of the beneficiary.
(3) With respect to a trust created pursuant to 42 USC 1396p(d)(4)(A) or (C), as amended from time to time, after notice to the creditor and the state, the court may limit the award to a creditor of the settlor under subdivision (1) or (2) of this subsection to such relief as is appropriate under the circumstances, considering, among any other factors determined to be appropriate by the court, the supplemental needs of the beneficiary.
and (2) upon the lapse, release or waiver of the power, the holder is treated as the settlor of the trust only to the extent the value of the property affected by the lapse, release or waiver exceeds the greater of the amount specified in Section 2041(b)(2) or 2514(e) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, and the regulations thereunder, or Section 2503(b) of said Internal Revenue Code and the regulations thereunder, in each case as in effect on October 1, 2018.
and (2) upon the lapse, release or waiver of the power, the holder is treated as the settlor of the trust only to the extent the value of the property affected by the lapse, release or waiver exceeds the greater of the amount specified in Section 2041(b)(2) or 2514(e) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, and the regulations adopted thereunder, or Section 2503(b) of said Internal Revenue Code and the regulations adopted thereunder, in each case as in effect on October 1, 2018.
(1) To a power of withdrawal held by the beneficiary if the value of the property subject to the power does not exceed the greater of the amount specified in Section 2041(b)(2) or 2514(e) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, and the regulations thereunder, or Section 2503(b) of said Internal Revenue Code and the regulations thereunder, in each case as in effect on October 1, 2018;
(1) To a power of withdrawal held by the beneficiary if the value of the property subject to the power does not exceed the greater of the amount specified in Section 2041(b)(2) or 2514(e) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, and the regulations adopted thereunder, or Section 2503(b) of said Internal Revenue Code and the regulations adopted thereunder, in each case as in effect on October 1, 2018;
(2) Except as provided in subsection (b) of section 42 of this act, to a power, whether mandatory or discretionary, held by the trustee of the trust, including a power held by the beneficiary as the sole trustee or a cotrustee of the trust, to make distributions to or for the benefit of the beneficiary, if the power is exercisable by the trustee only in accordance with an ascertainable standard relating to such beneficiary's individual health, education, support or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, and the regulations thereunder, as in effect on October 1, 2018;
(2) Except as provided in subsection (b) of section 42 of this act, to a power, whether mandatory or discretionary, held by the trustee of the trust, including a power held by the beneficiary as the sole trustee or a cotrustee of the trust, to make distributions to or for the benefit of the beneficiary, if the power is exercisable by the trustee only in accordance with an ascertainable standard relating to such beneficiary's individual health, education, support or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, and the regulations adopted thereunder, as in effect on October 1, 2018;
or (3) To a power, whether mandatory or discretionary, held by the trustee of the trust, including a power held by the beneficiary as the sole trustee or a cotrustee of the trust, to make distributions to or for the benefit of a person who the beneficiary has an obligation to support, if the power is exercisable by the trustee only in accordance with an ascertainable standard relating to such person's individual health, education, support or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, and the regulations thereunder, as in effect on October 1, 2018.
or (3) To a power, whether mandatory or discretionary, held by the trustee of the trust, including a power held by the beneficiary as the sole trustee or a cotrustee of the trust, to make distributions to or for the benefit of a person who the beneficiary has an obligation to support, if the power is exercisable by the trustee only in accordance with an ascertainable standard relating to such person's individual health, education, support or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, and the regulations adopted thereunder, as in effect on October 1, 2018.
(h) A trust created pursuant to 42 USC 1396p(d)(4), as from time to time amended, is irrevocable if the terms of the trust prohibit the settlor from revoking it, even if the settlor's estate or the settlor's heirs at law are named as the remainder beneficiary of the trust upon the settlor's death.
(h) A trust created pursuant to 42 USC 1396p(d)(4), as amended from time to time, is irrevocable if the terms of the trust prohibit the settlor from revoking it, even if the settlor's estate or the settlor's heirs at law are named as the remainder beneficiary of the trust upon the settlor's death.
or (2) the compensation specified by the terms of the trust would be unreasonably low or high.
or (2) the compensation specified by the terms of the trust is unreasonably low or high.
and (3) the placing of securities transactions by a trustee through a securities broker that is a part of the same company as the trustee, is owned by the trustee or is affiliated with the trustee.
and (3) the placing of securities transactions by a trustee through a securities broker that is a part of the same company as the trustee, that is owned by the trustee or that is affiliated with the trustee.
(1) A person, other than a settlor, who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit, may exercise the power only in accordance with an ascertainable standard relating to the trustee's individual health, education, support or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended;
(1) A person, other than a settlor, who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit, may exercise the power only in accordance with an ascertainable standard relating to the trustee's individual health, education, support or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time;
(1) A power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in Section 2056(b)(5) or 2523(e) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, was previously allowed;
(1) A power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in Section 2056(b)(5) or 2523(e) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, was previously allowed;
(NEW) (Effective October 1, 2018) (a) Without limiting the authority conferred by section 74 of this act, a trustee may:
(NEW) (Effective October 1, 2018) (a) Without limiting the authority conferred by section 72 of this act, a trustee may:
(C) paying it to the beneficiary's custodian under the Uniform Transfers to Minors Act or to the beneficiary's custodial trustee under the Uniform Custodial Trust Act, and, for such purpose, creating a custodianship or custodial trust;
(C) paying it to the beneficiary's custodian under the Connecticut Uniform Transfers to Minors Act or to the beneficiary's custodial trustee under the Uniform Custodial Trust Act, and, for such purpose, creating a custodianship or custodial trust;
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(b) Except as otherwise limited by state statute, a trustee is personally liable for torts committed in the course of administering a trust or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.
(b) Except as otherwise limited by the general statutes, a trustee is personally liable for torts committed in the course of administering a trust or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.
(NEW) (Effective October 1, 2018) (a) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary or, in the case of a charitable trust, the Attorney General's office, the trustee may furnish to the person a certification of trust containing the following information:
(NEW) (Effective October 1, 2018) (a) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary or, in the case of a charitable trust, the Attorney General's office, the trustee may furnish to the person or said office a certification of trust containing the following information:
(NEW) (Effective October 1, 2018) The common law and principles of equity supplement sections 88 to 105, inclusive, of this act, except to the extent modified by sections 88 to 105, inclusive, of this act or law of this state other than this act.
(NEW) (Effective October 1, 2018) The common law and principles of equity supplement sections 88 to 105, inclusive, of this act, except to the extent modified by sections 88 to 105, inclusive, of this act or law of this state other than sections 88 to 105, inclusive, of this act.
and (B) The power is held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended.
and (B) The power is held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time.
(NEW) (Effective October 1, 2018) A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under subdivision (1) of subsection (b) of section 91 of this act regarding:
(NEW) (Effective October 1, 2018) A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under subdivision (1) of subsection (b) of section 92 of this act regarding:
(1) A payback provision in the terms of a trust necessary to comply with the reimbursement requirements of 42 USC 1396p(d)(4)(A), as from time to time amended;
(1) A payback provision in the terms of a trust necessary to comply with the reimbursement requirements of 42 USC 1396p(d)(4)(A), as amended from time to time;
(2) "Creditor" means, with respect to a transferor, a person who has claim.
(2) "Creditor" means, with respect to a transferor, a person who has a claim.
(B) "Qualified person" does not include either the transferor or any other natural person who is a nonresident of this state nor an entity that is not authorized by the law of this state to act as a trustee or whose activities are not subject to supervision as provided in subparagraph (A) of this subdivision, provided sections 106 to 112, inclusive, of this act shall not be construed to preclude a transferor from appointing one or more advisors, including, but not limited to:
(B) "Qualified trustee" does not include either the transferor or any other natural person who is a nonresident of this state nor an entity that is not authorized by the law of this state to act as a trustee or whose activities are not subject to supervision as provided in subparagraph (A) of this subdivision, provided sections 106 to 112, inclusive, of this act shall not be construed to preclude a transferor from appointing one or more advisors, including, but not limited to:
For purposes of this subparagraph, "advisor" includes a trust "protector" or any other person who, in addition to a qualified trustee, holds one or more trust powers.
For purposes of this subparagraph and subparagraph (C) of this subdivision, "advisor" includes a trust "protector" or any other person who, in addition to a qualified trustee, holds one or more trust powers.
(vii) The transferor's right to remove a trustee or advisor and to appoint a new trustee or advisor, other than a person who is a related or subordinate party with respect to the transferor within the meaning of 26 USC 672(c), as from time to time amended;
(vii) The transferor's right to remove a trustee or advisor and to appoint a new trustee or advisor, other than a person who is a related or subordinate party with respect to the transferor within the meaning of 26 USC 672(c), as amended from time to time;
(viii) The transferor's potential or actual use of real property held under a qualified personal residence trust within the meaning of such term as described in 26 USC 2702(c), as from time to time amended, or the transferor's possession and enjoyment of a qualified annuity interest within the meaning of such term as described in 26 CFR 25.2502-5(c)(8), as from time to time amended;
(viii) The transferor's potential or actual use of real property held under a qualified personal residence trust within the meaning of such term as described in 26 USC 2702(c), as amended from time to time, or the transferor's possession and enjoyment of a qualified annuity interest within the meaning of such term as described in 26 CFR 25.2502-5(c)(8), as amended from time to time;
and (C) Provides that the interest of the transferor or other beneficiary in the trust property or the income therefrom may not be transferred, assigned, pledged or mortgaged, whether voluntarily or involuntarily, before the qualified trustee or qualified trustees actually distribute the property or income therefrom to the beneficiary, and such provision of the trust instrument shall be deemed to be a restriction on the transfer of the transferor's beneficial interest in the trust that is enforceable under applicable nonbankruptcy law within the meaning of 11 USC 541(c)(2), as from time to time amended.
and (C) Provides that the interest of the transferor or other beneficiary in the trust property or the income therefrom may not be transferred, assigned, pledged or mortgaged, whether voluntarily or involuntarily, before the qualified trustee or qualified trustees actually distribute the property or income therefrom to the beneficiary, and such provision of the trust instrument shall be deemed to be a restriction on the transfer of the transferor's beneficial interest in the trust that is enforceable under applicable nonbankruptcy law within the meaning of 11 USC 541(c)(2), as amended from time to time.
or (2) To any person who suffers death, personal injury or property damage on or before the date of a qualified disposition by a transferor, which death, personal injury or property damage is at any time determined to have been caused in whole or in part by the tortuous act or omission of either the transferor or by another person for whom the transferor is or was vicariously liable but only to the extent of such claim against such transferor or other person for whom such transferor is or was vicariously liable.
or (2) To any person who suffers death, personal injury or property damage on or before the date of a qualified disposition by a transferor, which death, personal injury or property damage is at any time determined to have been caused in whole or in part by the tortious act or omission of either the transferor or by another person for whom the transferor is or was vicariously liable but only to the extent of such claim against such transferor or other person for whom such transferor is or was vicariously liable.
120 October 1, 2018 Repealer section Statement of Purpose:
120 October 1, 2018 Repealer section Statement of Legislative Commissioners:
To modernize Connecticut trust law in order to allow the state to remain economically competitive, create jobs and retain businesses in the state.
In Section 2, "provided" was changed to "except" for clarity;
[Proposed deletions are enclosed in brackets.
in Sec.
Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]
3(18) "5" was changed to "91" for accuracy;
in Sec.
4, "individual" was changed to "employee" for consistency;
in Sec.
85(a) "or said office" was added after "person" for accuracy;
in Sec.
93, "91" was changed to "92" for accuracy;
in Sec.
107(9), "Qualified person" was changed to "Qualified trustee" for consistency with the defined term;
and in Sec.
110(2), "tortuous" was changed to "tortious" for accuracy.
JUD Joint Favorable Subst.
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Action History

  1. TRANSMITTED PURSUANT TO JOINT RULE 17

  2. SEN. PASSED, SEN. AMEND. SCH. A

  3. SEN. ADOPTED SEN. AMEND. SCH. A

  4. FILE NO. 579

  5. SENATE CALENDAR NUMBER 359

  6. FAV. RPT., TAB. FOR CAL., SEN.

  7. RPTD. OUT OF LCO

  8. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/18/18

  9. FILED WITH LCO

  10. Joint Favorable Substitute

  11. PUBLIC HEARING 0309

  12. REF. TO JOINT COMM. ON Judiciary

Sponsors

  • Paul R. Doyle · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 186 not signed on

Sponsors (1)

  • Doyle, Paul R.

Co-sponsors (0)

None.

Not signed on (186)

186 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Senate Roll Call Vote 335 PASS AS AMENDED BY SEN A

Passed 36 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 22000
Republican 6000
Total 36000
% of votes cast 100%0%0%0%
How each member voted (36)
Member Party Vote
PAUL M. FORMICA — Yea
TIM LARSON — Yea
STEVE CASSANO — Yea
BETH BYE — Yea
EDWIN A. GOMES — Yea
TERRY B. GERRATANA — Yea
MICHAEL A. MCLACHLAN — Yea
KEVIN D. WITKOS — Yea
TONI BOUCHER — Yea
PAUL DOYLE — Yea
CARLO LEONE — Yea
CRAIG MINER — Yea
LEN SUZIO — Yea
GAYLE SLOSSBERG — Yea
ART LINARES — Yea
JOE MARKLEY — Yea
LEONARD FASANO — Yea
GEORGE LOGAN — Yea
ANTHONY GUGLIELMO — Yea
L. SCOTT FRANTZ — Yea
Kevin C. Kelly — Yea
Marilyn Moore — Yea
Bob Duff Democratic Yea
Catherine A. Osten Democratic Yea
Douglas McCrory Democratic Yea
Gary A. Winfield Democratic Yea
Joan V. Hartley Democratic Yea
John W. Fonfara Democratic Yea
Mae Flexer Democratic Yea
Martin M. Looney Democratic Yea
Eric C. Berthel Republican Yea
Heather S. Somers Republican Yea
Henri Martin Republican Yea
John A. Kissel Republican Yea
Kathy Kennedy Republican Yea
Tony Hwang Republican Yea

Official roll call →

Subjects

finance
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Frequently asked questions

Who sponsors SB 397?
SB 397 is sponsored by Doyle, Paul R..
What is the current status of SB 397?
This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 397?
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