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General Assembly Committee Bill No. 5049
January Session, 2019
LCO No. 5227
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING THE C LAIMS AGAINST THE STATE OF
DEBORAH CONNERTY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (Effective from passage) (a) Notwithstanding the failure to 1
file a proper notice of a claim against the state with the clerk of the 2
Office of the Claims Commissioner, within the time limitations 3
specified by subsection (a) of section 4-148 of the general statutes, 4
Deborah Connerty, as administrator of the estate of William T. 5
Connerty and in her individual capacity, is authorized pursuant to the 6
provisions of subsection (b) of section 4-148 of the general statutes to 7
present her claims against the state to the Claims Commissioner. The 8
General Assembly finds that there is a public purpose served by 9
encouraging accountable state government through the full 10
adjudication of cases involving persons who claim to have been 11
injured due to the conduct of state actors. The General Assembly 12
further finds it just and equitable that the time limitations provided for 13
in subsection (a) of section 4-148 of the general statutes be tolled in a 14
case such as this, involving a claimant who alleges failure on the part 15
of one or more state actors on multiple different occasions to detect the 16 Committee Bill No. 5049
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presence of a metastasized cancer in William T. Connerty, the decedent 17
spouse of Deborah Connerty. The General Assembly further finds that 18
such authorization remedies an injustice done to William T. Connerty 19
and Deborah Connerty for which the state itself bears responsibility. 20
The General Assembly deems such authorization to be just and 21
equitable and finds that such authorization is supported by compelling 22
equitable circumstances and would serve a public purpose. Claims 23
authorized pursuant to this section shall be presented to the Claims 24
Commissioner not later than one year after the effective date of this 25
section. 26
(b) The state shall be barred from setting up the failure to comply 27
with the provisions of sections 4-147 and 4-148 of the general statutes, 28
from denying that notice of the claim was properly and timely given 29
pursuant to sections 4-147 and 4-148 of the general statutes and from 30
setting up the fact that the claim had once been considered by the 31
Claims Commissioner, by the General Assembly or in a judicial 32
proceeding as defenses to such claims. 33
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
JUD Joint Favorable