HB 5379 — AN ACT CONCERNING THE DUTIES OF THE STATE MARSHALS AND THE OPERATION OF THE STATE MARSHAL COMMISSION AND THE STATE MARSHALS ADVISORY BOARD.

8.7.

[Upon] In addition, thesHB5379 commission/ shallFile conductNo. audits of the records and accounts of state marshals pertaining to the collection of money by a state marshal upon (1) the receipt of a written complaint that is signed by the person filing such complaint, or (2) a complaint filed on behalf of the commission.

612 sHB5379 File No.

612 the commission shall conduct audits of the records and accounts of state marshals pertaining to the collection of money by a state marshal upon (1) the receipt of a written complaint that is signed by the person filing such complaint, or (2) a complaint filed on behalf of the commission.

A letter signed by the commission sHB5379chairperson /shall Fileconstitute No.an order of the commission pursuant to this subsection.

537 7 sHB5379 File No.

537 chairperson shall constitute an order of the commission pursuant to this subsection.

9.8.

Eachstatemarshal,beforeenteringuponthedutiesofastatemarshal, shall give to the State Marshal Commission a bond in the sum of [ten] one hundred thousand dollars conditioned that such state marshal will faithfully discharge the duties of state marshal and answer all damages which any person sustains by reason of such state marshal's unfaithfulnesssHB5379 or/ neglect.File No.

612 sHB5379 File No.

612 unfaithfulness or neglect.

Sec.Sec.9.Subsection(f)ofsection14-10ofthegeneralstatutesisrepealed and the following is substituted in lieu thereof (Effective October 1, 2024):

10.

Subsection (f) of section 14-10 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2024):

(1) Any federal, state or local government agency in carrying out its functions or to any individual or entity acting on behalf of any such agency, or (2) Any individual, organization or entity that signs and files with the commissioner, under penalty of false statement as provided in section 53a-157b, a statement on a form approved by the commissioner, sHB5379together /with Filesuch No.supporting documentation or information as the commissioner may require, that such information will be used for any of the following purposes:

537 8 sHB5379 File No.

537 together with such supporting documentation or information as the commissioner may require, that such information will be used for any of the following purposes:

(B) In the normal course of business by the requesting party, but only to confirm the accuracy of personal information submitted by the individualsHB5379 to/ theFile requestingNo. party;

612 sHB5379 File No.

612 individual to the requesting party;

sHB5379(E) /By Fileany No.insurer or insurance support organization or by a self- insured entity or its agents, employees or contractors, in connection with the investigation of claims arising under insurance policies, antifraud activities, rating or underwriting;

537 9 sHB5379 File No.

537 (E) By any insurer or insurance support organization or by a self- insured entity or its agents, employees or contractors, in connection with the investigation of claims arising under insurance policies, antifraud activities, rating or underwriting;

(H) In connection with any lawful purpose of a labor organization, as defined in section 31-77, provided (i) such organization has entered into a contract with the commissioner, on such terms and conditions as the commissioner may require, and(ii)theinformationwillbeusedonly for thesHB5379 purposes/ specifiedFile inNo. the contract other than campaign or political purposes;

612 sHB5379 File No.

612 the purposes specified in the contract other than campaign or political purposes;

sHB5379(L) /By Fileany No.private detective or private detective licensed in accordance with the provisions of chapter 534, in connection with an investigation involving matters concerning motor vehicles;

537(M) 10By sHB5379a Filestate No.marshal, for use in the performance of duties under the provisions of section 6-38a.

537 (L) By any private detective or private detective licensed in accordance with the provisions of chapter 534, in connection with an investigation involving matters concerning motor vehicles;

(M) By a state marshal, for use in the performance of duties under the provisions of section 6-38a, as amended by this act.

11.10.

(b) No state marshal, as a matter of practice, shall receive, direct, transfer,sHB5379 control/ orFile solicitNo. process from an attorney at law, for which the state marshalcannot lawfully serve withinthestate marshal'sappointed precinct or extension of precinct in accordance with section 52-56.

612 sHB5379 File No.

612 transfer, control or solicit process from an attorney at law, for which the state marshalcannot lawfully serve withinthestate marshal'sappointed precinct or extension of precinct in accordance with section 52-56.

12.11.

4 October 1, 2024 6-38a(a)6-38b Sec.

5 October 1, 2024 6-38b6-38c Sec.

6 October 1, 2024 6-38c6-38d Sec.

7 October 1, 2024 6-38d6-38e Sec.

8 October 1, 2024 6-38e6-39 Sec.

9 October 1, 2024 6-3914-10(f) October 1, 2024 Sec.

10 14-10(f)October sHB53791, /2024 File6-39a No.Sec.

537 11 October 1, 2024 Repealer section sHB5379 / File No.

537612 Sec.sHB5379 File No.

11612 OctoberThe 1,following 2024Fiscal 6-39aImpact Sec.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.

12 October 1, 2024 Repealer section JUD Joint Favorable Subst.

sHB5379 / File No.

537 12 sHB5379 File No.

537 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.

House “A” eliminates a provision in the underlying bill that changed state marshals’ status results in no fiscal impact.

537612 1312 sHB5379 File No.

537612 OLR Bill Analysis sHB 5379 (as amended by House "A")* AN ACT CONCERNING THE DUTIES OF THE STATE MARSHALS AND THE OPERATION OF THE STATE MARSHAL COMMISSION AND THE STATE MARSHALS ADVISORY BOARD.

SUMMARY This bill makes various changes in statutes affecting state marshals.marshals, including the following:

Among other things, the bill does the following:

noreduces longerthe regardsnumber of state marshals as independent contractors, and specifies that they are appointed statein officers,each notcounty state employees (§ 4);3);

reducesincreases thea numberstate ofmarshal’s staterequired marshalsamount toof bepersonal appointedliability ininsurance eachand countybond (§(§§ 3);1 & 8);

increases a state marshal’s required amount of personal liability insurance and bond (§§ 1 & 9);

4.

4.

adds to the activities prohibited by state marshals’ professional standards (e.g., knowingly making a false or illegal return of process) (§§ 6 & 10);

raisesgives statethe marshals’State professionalMarshal standardsCommission by,access forto example,a makingdeceased illegalor billingdisabled andstate unlawfulmarshal’s servicetrust ofaccount processto groundsturn forit aover removalto hearinga (§§successor 7marshal &(§ 11);7);

prioritizesmakes auditschanges related to money collection, gives the State Marshal Commission accessregarding tofilling avacancies deceasedand oradopting disabledrules staterelated marshal’sto trusttimely account,payments and provides confidentiality protections (§ 8);4);

537612 1413 sHB5379 File No.

537612 7.

makes changes to the Statemember Marshalselection Commissionprocess regardingof fillingthe vacancies24-member andState adoptingMarshals rulesAdvisory relatedBoard toand timelygives paymentsthe board additional duties (§ 5);

changesallows the memberDepartment selection process of theMotor 24-memberVehicles State(DMV) Marshalscommissioner Advisoryto Board,disclose andoperators’ givesphotos theto boardstate additionalmarshals duties (§ 6);9);

and 9.

allowsrepeals thean Departmentobsolete ofprovision Motorthat Vehiclespreviously (DMV)allowed commissionerhigh sheriffs to discloseapply operators’for photosappointment toas a state marshalsmarshal (§ 10);11).

and 10.

repeals an obsolete provision that previously allowed high sheriffs to apply for appointment as a state marshal (§ 12).

October 1, 2024 §*HouseAmendment“A”eliminatesaprovisionintheunderlyingbill 4that —changed STATEstate MARSHALmarshals’ DEFINEDstatus Underfrom currentindependent law,contractors ato “state marshal” is a qualified deputy sheriff incumbent on June 30, 2000, or appointed bystate theofficers State Marshal Commission (see below), who (1)are hasnot authority to provide legal execution and service of process in the state countiesemployees. as an independent contractor and (2) is compensated on a fee for service basis, determined subject to any minimum rate promulgated by the state, by agreement with an attorney, court or public agency requiring execution or service of process.

The bill no longer regards state marshals as independent contractors.

However, it explicitly states that a state marshal is not a state employee, but instead must be an appointed state officer whose exclusive method of compensation related to the marshal’s statutory duties is as prescribed above.

sHB5379Table: / File No.

537State 15Marshals to be Appointed in Each County Appointments Under County Current Law Appointments Under the Bill Hartford 72 62 New Haven 62 55 New London 38 20 Fairfield 55 50 Windham 18 7 Litchfield 30 13 Middlesex 21 13 Tolland 22 10 Total 318 230 § 1 — PERSONAL LIABILITY INSURANCE The bill increases the amount of personal liability insurance each sHB5379 / File No.

537612 Table:14 sHB5379 File No.

State612 Marshals to be Appointed in Each County Appointments Under County Current Law Appointments Under the Bill Hartford 72 62 New Haven 62 55 New London 38 20 Fairfield 55 50 Windham 18 7 Litchfield 30 13 Middlesex 21 13 Tolland 22 10 Total 318 230 § 1 — PERSONAL LIABILITY INSURANCE The bill increases the amount of personal liability insurance each marshal must carry for damages caused by their tortious acts (see below) as follows:

Starting January 1, 2025, the bill requires that the personal liability insurance to be a policy with a renewal date and a term of coverage starting on October 1of each year and extending through September 30 of the following year.

TortiousUnder Act.existing law, unchanged by the bill, “tortious act” generally meansnegligent acts, errors, or omissionsfor which astate marshal may become legally obligated to pay any damages if committed while making or attempting to make an arrest or against a person under arrest (e.g., false arrest or imprisonment).

Under§ existing8 law,— unchangedBOND byAMOUNT theThe bill,bill “tortiousincreases, act”from means$10,000 negligentto acts,$100,000, errors,the orbond omissionsamount forthat whicheach a state marshal maymust becomegive legally obligated to pay any damages for false arrest, erroneous service of civil papers, false imprisonment, malicious prosecution, libel, slander, defamation of character, violation of property rights, or assault and battery if committed while making or attempting to make an arrest or against a person under arrest, but does not include any such act unless the stateState marshalMarshal commitsCommission thebefore actstarting whiletheir performing his or her official duties.

sHB5379 / File No.

537 16 sHB5379 File No.

537 § 9 — BOND AMOUNT The bill increases the bond amount that each state marshal must give the State Marshal Commission before starting their duties, from $10,000 to $100,000.

§ 2 — COLLECTION PROCEDURES The bill makes changes to the time frames within which a state marshal must pay the person authorized to receive money collected on behalf of or on account of someonesomeone. to the person authorized to receive it.

Under current law, a state marshal must do so within 30 calendar days after the date the state marshal collected the money or upon collectingsHB5379 $1,000/ orFile more,No. whichever is earlier.

The612 bill15 requiressHB5379 theFile stateNo. marshal to do so within 30 calendar days of collecting the money, regardless of the dollar amount.

Additionally,612 thecollecting bill$1,000 establishesor amore, newwhichever time frame and requirements for when the money collected is inearlier. the form of a personal check.

The bill requires the state marshal to do so within 30 calendar days after collecting the money, regardless of the dollar amount.

Additionally, the bill establishes a new time frame and requirements for money collected through a personal check.

As under current law, the bill allows the state marshal and the person to agree to a different time frame for payment inthrough the form of a personal check than specified under the law.

ByBylaw,astatemarshalwhodoesnotcomply law,withtheserequirements aor statean marshalagreement, whoas failsapplicable, withis theseliable requirementsto orthe anperson agreement,asapplicable,isliabletothepersonforinterestonthemoneyfor interest at a rate of 5% per month from the date on which the state marshal received the money.

sHB5379§ /7 File— No.AUDIT AND REVIEW OF RECORDS Frequency of Audits By law, the State Marshal Commission must periodically review and audit state marshal records and accounts.

537 17 sHB5379 File No.

537 § 8 — AUDIT AND REVIEW OF RECORDS Frequency of Audits By law, the State Marshal Commission must periodically review and audit state marshal records and accounts.

The commission must prioritize conducting these audits.

DeathAs orunder Disabilityexisting of a State Marshal Under current law, uponinformation aobtained stateby marshal’s death or disability, the commission mustfrom appointthese aaudits qualifiedis individualconfidential to oversee and auditnot thesubject state marshal’s records and accounts and to renderdisclosure anunder accountingthe toFreedom theof commission.Information Act.

Death or Disability of a State Marshal Under thecurrent bill,law, thisupon a state marshal’s death or disability, the commission must beappoint withina 30qualified daysindividual afterto oversee and audit the deathstate ormarshal’s disability.records and accounts and render an accounting to sHB5379 / File No.

Upon612 the16 deathsHB5379 orFile disabilityNo. of a state marshal, the bill authorizes the commission, through its chairperson, to direct any financial institution with access to, or custody of, financial accounts the state marshal used to collect money under tax collection and civil action law, to turn over the financial accounts to a successor state marshal the commission appoints.

Under612 the bill,commission. a letter signed by the commission chairperson must constitute an order of the commission under this provision.

Also,The ifbill anyrequires person or financial institution refuses to comply with the order, the commission must certify the facts relating to thedo noncomplianceso towithin the30 Officedays ofafter the Attorneydeath General,or whodisability. must apply to the Superior Court for an order compelling compliance.

ConfidentialityUpon Protectionthe Bydeath law,or alldisability informationof obtaineda bystate marshal, the commissionbill fromauthorizes the commission, through a letter signed by its chairperson, to direct any auditfinancial doneinstitution underwith thisaccess provisionto, isor confidentialcustody andof, notfinancial subjectaccounts the state marshal used to disclosurecollect money under tax collection and civil action law, to turn over the Freedomfinancial ofaccounts Informationto Act.a successor state marshal the commission appoints.

§§Under 7the &bill, 11if —any STATEperson MARSHALor PROFESSIONALfinancial STANDARDSinstitution sHB5379refuses /to Filecomply No.with the order, the commission must certify the facts relating to the noncompliance to the Office of the Attorney General, which must apply to the Superior Court for an order compelling compliance.

537§§ 186 sHB5379& File10 No.— STATE MARSHAL PROFESSIONAL STANDARDS Illegal Billing and Unlawful Service of Process (§ 7) Current law prohibits a state marshal from knowingly billing for, or receiving fees for, work that he or she did not do.

537 Illegal Billing and Unlawful Service of Process (§ 7) Current law prohibits a state marshal from knowingly billing for, or receiving fees for, work that he or she did not do.

Service Within Appointed Precinct or Extension (§ 11)10) The bill expressly prohibits a state marshal, as a matter of practice, from receiving, directing, transferring, controlling, or soliciting process from an attorney, for which the state marshal cannot lawfully serve within the state marshal’s appointed precinct or extension of precinct under the law.

§sHB5379 5/ —File STATENo. MARSHAL COMMISSION The bill makes changes to the State Marshal Commission regarding the filling of vacancies, timely payments, and the adoption of rules and regulations.

612 17 sHB5379 File No.

612 § 4 — STATE MARSHAL COMMISSION The bill makes changes to the State Marshal Commission regarding the filling of vacancies, timely payments, and the adoption of rules and regulations.

Under current law, the applicant for the vacancy must be subject to the commission’s application and investigation requirementsrequirements. of the commission.

UnderThe thebill bill,additionally subjects the applicant mustto alsothecommission’s beexamination subjectand tobonding requirements and requires the commission’scommission examinationto andadopt bondingregulations for these requirements.

(Existing law requires it to adopt regulations for its application and investigation requirements.) Rules on Timely Payments The bill requires that the rules the commission adopts to conduct its internal affairs also requiresprovide for timely payment from the sHB5379Judicial /Department Fileto No.state marshals that conformswith existing law regarding timely payments by state agencies.

537Generally, 19payment sHB5379is Fileconsidered No.timely if a check or warrant is mailed or delivered on the date specified for the amount specified in the applicable contract documents, or, if no date is specified, within 45 days ofreceiptofaproperlycompletedclaimorreceiptofgoodsandservices, whichever is later.

537Delayed commissionpayments tomust adoptinclude regulationsinterest for(CGS the§ examination4a- and71). bonding requirements for filling vacancies, as it does under existing law for the application requirements.

Rules§ on5 Timely— PaymentsSTATE TheMARSHALS billADVISORY requiresBOARD theThe rulesbill themakes commissionchanges adopts to conductthe itsmember internalselection affairsprocess toof also provide for timely payment from the Judicial24- Departmentmember toState stateMarshals marshalsAdvisory thatBoard conformswithand existingtasks lawthe regardingboard agencywith timelyadditional payments.duties.

By law, payment is considered timely if (1) a check or warrant is mailed or delivered on the date specified for the amount specified in the applicable contract documents, or, if no date is specified, within 45 days ofreceiptofaproperlycompletedclaimorreceiptofgoodsandservices, whichever is later;

or (2) for any amount that is required to be withheld under state or federal law, a check or warrant is mailed or delivered in the proper amount on the date the amount may be released under the applicable law.

The law requires that whenever a department or agency fails to make a timely payment the department or agency must pay interest at a rate equal to the monthly effective yield for the state treasurer’s Short Term Investment Fund, on amounts due on written contracts for public works, personal services, goods and services, equipment, and travel.

§ 6 — STATE MARSHAL ADVISORY BOARD The bill makes changes to the member selection process of the 24- member State Marshals Advisory Board and tasks the board with additional duties.

Under current law, between November 9and November 14, thestate marshals in each county must annually elect from among the state marshals in their county a specified number of state marshals to serve on the board.

The bill expands the annual selection window to the entire month of November and eliminates provisions that specifically address the current selection process.

537612 2018 sHB5379 File No.

537612 TheUnder billcurrent insteadlaw, requiresbetween November 9 and November 14, the boardstate to:marshals in each county must annually elect from the marshals in the county a specified number to serve on the board.

1.The bill expands the annual selection window to the entire month of November and eliminates provisions that specifically address the current selection process.

It instead requires the board to adopt rules as it deems necessary to conduct its internal affairs, including procedures to select a chairperson and other officersofficers, as may be necessary, from the board’s members;members.

andAdditionally, 2.the bill requires the board to hold an annual meeting in December to select two state marshals to be appointed as ex-officio members of the State Marshal Commission for a one-year term.

annually,The inboard themust monthalso of December, hold a meeting and select two state marshals to be appointed as ex-officio members of the State Marshal Commission for a one-year term and fill any vacancyvacancies ofin thethese appointmentappointments. with a state marshal.

It§ also9 repeals— anDISCLOSURE obsoleteOF provision.PERSONAL INFORMATION BY DMV Current law allows the DMV commissioner to disclose personal information from a motor vehicle record to state marshals performing their duties.

§The 10bill — DISCLOSURE OF PERSONAL INFORMATION BY DMV Current law allows the DMV commissioner to also disclose personaloperator informationphotos. from a motor vehicle record to state marshals performing their duties.

TheIt billalso allows the DMVinformation commissioner to alsobe discloserequested operatorand photos.provided electronically instead of by facsimile transmission as under current law.

Under the bill the information may be requested and provided electronically instead of by facsimile transmission as under current law.

537612 2119