Moreover, Connecticut is virtually unique in passing such an omnibus bill. Many other states, in accord with this analysis, have self-validating provisions for many of these matters. The way in which Connecticut addresses these defects should be revised. A proposed bill that the Commission recommends be enacted in lieu of a periodic validating act is attached. That bill adopts provisions necessary to ensure that, where appropriate, instruments that are subject to substantive defects are validated after a period of limitations within which interested parties may challenge the instrument.
Comments follow each section to assist in following the derivation of the validating provision.
A more specific report on the validating acts is also attached. The Commission reviewed the different dynamics that apply with respect to each of the various provisions in the latest validating act. The supplementary report reviews the history of each provision, what specifically is intended to be validated, why the current approach is no longer viable, and whether additional legislation is necessary to preserve public policy. Where new legislation is necessary, the report references where the proposed revision is set out in the proposed bill.