Connecticut 2019 Regular Session

Connecticut House Bill HB05049 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO 5227 \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05049-R02-
4		-	HB.docx
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	3	+	LCO No. 5227 1 of 2
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7	5		General Assembly Committee Bill No. 5049
8	6		January Session, 2019
9	7		LCO No. 5227
10	8
11	9
12	10		Referred to Committee on JUDICIARY
13	11
14	12
15	13		Introduced by:
16	14		(JUD)
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18	16
19	17
20	18		AN ACT CONCERNING TH E CLAIMS AGAINST THE STATE OF
21	19		DEBORAH CONNERTY.
22	20		Be it enacted by the Senate and House of Representatives in General
23	21		Assembly convened:
24	22
25	23		Section 1. (Effective from passage) (a) Notwithstanding the failure to 1
26	24		file a proper notice of a claim against the state with the clerk of the 2
27	25		Office of the Claims Commissioner, within the time limitations 3
28	26		specified by subsection (a) of section 4-148 of the general statutes, 4
29	27		Deborah Connerty, as administrator of the estate of William T. 5
30	28		Connerty and in her individual capacity, is authorized pursuant to the 6
31	29		provisions of subsection (b) of section 4-148 of the general statutes to 7
32	30		present her claims against the state to the Claims Commissioner. The 8
33	31		General Assembly finds that there is a public purpose served by 9
34	32		encouraging accountable state government through the full 10
35	33		adjudication of cases involving persons who claim to have been 11
36	34		injured due to the conduct of state actors. The General Assembly 12
37	35		further finds it just and equitable that the time limitations provided for 13
38	36		in subsection (a) of section 4-148 of the general statutes be tolled in a 14
39	37		case such as this, involving a claimant who alleges failure on the part 15
40		-	of one or more state actors on multiple different occasions to detect the 16 Committee Bill No. 5049
	38	+	of one or more state actors on multiple different occasions to detect the 16
	39	+	Committee Bill No. 5049
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43		-	LCO 5227 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05049-
44		-	R02-HB.docx }
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	42	+	LCO No. 5227 2 of 2
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47	44		presence of a metastasized cancer in William T. Connerty, the decedent 17
48	45		spouse of Deborah Connerty. The General Assembly further finds that 18
49	46		such authorization remedies an injustice done to William T. Connerty 19
50	47		and Deborah Connerty for which the state itself bears responsibility. 20
51	48		The General Assembly deems such authorization to be just and 21
52	49		equitable and finds that such authorization is supported by compelling 22
53	50		equitable circumstances and would serve a public purpose. Claims 23
54	51		authorized pursuant to this section shall be presented to the Claims 24
55	52		Commissioner not later than one year after the effective date of this 25
56	53		section. 26
57	54		(b) The state shall be barred from setting up the failure to comply 27
58	55		with the provisions of sections 4-147 and 4-148 of the general statutes, 28
59	56		from denying that notice of the claim was properly and timely given 29
60	57		pursuant to sections 4-147 and 4-148 of the general statutes and from 30
61	58		setting up the fact that the claim had once been considered by the 31
62	59		Claims Commissioner, by the General Assembly or in a judicial 32
63	60		proceeding as defenses to such claims. 33
64	61		This act shall take effect as follows and shall amend the following
65	62		sections:
66	63
67	64		Section 1 from passage New section
68	65
69		-	JUD Joint Favorable
	66	+	Statement of Purpose:
	67	+	To permit Deborah Connerty to present her claims against the state to
	68	+	the Claims Commissioner pursuant to the provisions of subsection (b)
	69	+	of section 4-148.
70	70
	71	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	72	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	73	+	not underlined.]
	74	+
	75	+	Co-Sponsors: REP. PETIT, 22nd Dist.
	76	+
	77	+	H.B. 5049