Connecticut 2019 Regular Session

Connecticut House Bill HB07185 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 7185
	5	+	General Assembly Raised Bill No. 7185
8	6		January Session, 2019
	7	+	LCO No. 4310
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	9	+
	10	+	Referred to Committee on JUDICIARY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(JUD)
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13	19		AN ACT CONCERNING LI ABILITY OF A POLITICAL SUBDIVISION
14	20		AND ITS EMPLOYEES, OFFICERS AND AGENTS.
15	21		Be it enacted by the Senate and House of Representatives in General
16	22		Assembly convened:
17	23
18	24		Section 1. Section 52-557n of the general statutes is repealed and the 1
19	25		following is substituted in lieu thereof (Effective October 1, 2019): 2
20	26		(a) (1) Except as otherwise provided by law, a political subdivision 3
21	27		of the state shall be liable for damages to person or property caused by: 4
22	28		(A) The negligent acts or omissions of such political subdivision or any 5
23	29		employee, officer or agent thereof acting within the scope of his or her 6
24	30		employment or official duties; (B) negligence in the performance of 7
25	31		functions from which the political subdivision derives a special 8
26	32		corporate profit or pecuniary benefit; and (C) acts of the political 9
27	33		subdivision which constitute the creation or participation in the 10
28	34		creation of a nuisance; provided, no cause of action shall be 11
29	35		maintained for damages resulting from injury to any person or 12
30	36		property by means of a defective road or bridge except pursuant to 13
31	37		section 13a-149. (2) Except as otherwise provided by law, a political 14
32		-	subdivision of the state shall not be liable for damages to person or 15
	38	+	subdivision of the state shall not be liable for damages to person or 15 Raised Bill No. 7185
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	40	+
	41	+
	42	+	LCO No. 4310 2 of 4
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33	44		property caused by: (A) Acts or omissions of any employee, officer or 16
34	45		agent which constitute criminal conduct, fraud, actual malice or wilful 17
35	46		misconduct; or (B) negligent acts or omissions which require the 18
36	47		exercise of judgment or discretion as an official function of the 19
37		-	authority expressly or impliedly granted by law. 20 Substitute Bill No. 7185
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	48	+	authority expressly or impliedly granted by law. 20
44	49		(b) Notwithstanding the provisions of subsection (a) of this section, 21
45	50		a political subdivision of the state or any employee, officer or agent 22
46	51		acting within the scope of his or her employment or official duties shall 23
47	52		not be liable for damages to person or property resulting from: (1) The 24
48	53		condition of natural land or unimproved property; (2) the condition of 25
49	54		a reservoir, dam, canal, conduit, drain or similar structure when used 26
50	55		by a person in a manner which is not reasonably foreseeable; (3) the 27
51	56		temporary condition of a road or bridge which results from weather, if 28
52	57		the political subdivision has not received notice and has not had a 29
53	58		reasonable opportunity to make the condition safe; (4) the condition of 30
54	59		an unpaved road, trail or footpath, the purpose of which is to provide 31
55	60		access to a recreational or scenic area, if the political subdivision has 32
56	61		not received notice and has not had a reasonable opportunity to make 33
57	62		the condition safe; (5) the initiation of a judicial or administrative 34
58	63		proceeding, provided that such action is not determined to have been 35
59	64		commenced or prosecuted without probable cause or with a malicious 36
60	65		intent to vex or trouble, as provided in section 52-568; (6) the act or 37
61	66		omission of someone other than an employee, officer or agent of the 38
62	67		political subdivision; (7) the issuance, denial, suspension or revocation 39
63	68		of, or failure or refusal to issue, deny, suspend or revoke any permit, 40
64	69		license, certificate, approval, order or similar authorization, when such 41
65	70		authority is a discretionary function by law, unless such issuance, 42
66	71		denial, suspension or revocation or such failure or refusal constitutes a 43
67	72		reckless disregard for health or safety; (8) failure to make an inspection 44
68	73		or making an inadequate or negligent inspection of any property, other 45
69	74		than property owned or leased by or leased to such political 46
70	75		subdivision, to determine whether the property complies with or 47
71	76		violates any law or contains a hazard to health or safety, unless the 48
72		-	political subdivision had notice of such a violation of law or such a 49
	77	+	political subdivision had notice of such a violation of law or such a 49 Raised Bill No. 7185
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	81	+	LCO No. 4310 3 of 4
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73	83		hazard or unless such failure to inspect or such inadequate or 50
74	84		negligent inspection constitutes a reckless disregard for health or 51
75		-	safety under all the relevant circumstances; (9) failure to detect or 52
	85	+	safety; [under all the relevant circumstances;] (9) failure to detect or 52
76	86		prevent pollution of the environment, including groundwater, 53
77	87		watercourses and wells, by individuals or entities other than the 54
78		-	political subdivision; or (10) conditions on land sold or transferred to 55 Substitute Bill No. 7185
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	88	+	political subdivision; or (10) conditions on land sold or transferred to 55
85	89		the political subdivision by the state when such conditions existed at 56
86	90		the time the land was sold or transferred to the political subdivision. 57
87		-	For purposes of this subsection, "all the relevant circumstances" 58
88		-	includes a consideration of the balance between the magnitude of the 59
89		-	danger and the burden of performing an inspection. 60
90		-	(c) Any person who serves as a member of any board, commission, 61
91		-	committee or agency of a municipality and who is not compensated for 62
92		-	such membership on a salary or prorated equivalent basis, shall not be 63
93		-	personally liable for damage or injury occurring on or after October 1, 64
94		-	1992, resulting from any act, error or omission made in the exercise of 65
95		-	such person's policy or decision-making responsibilities on such board, 66
96		-	commission, committee or agency if such person was acting in good 67
97		-	faith, and within the scope of such person's official functions and 68
98		-	duties, and was not acting in violation of any state, municipal or 69
99		-	professional code of ethics regulating the conduct of such person, or in 70
100		-	violation of subsection (a) of section 9-369b or subsection (b) or (c) of 71
101		-	section 1-206. The provisions of this subsection shall not apply if such 72
102		-	damage or injury was caused by the reckless, wilful or wanton 73
103		-	misconduct of such person. 74
	91	+	For purposes of this subsection, a person acts with reckless disregard, 58
	92	+	when he or she is aware of and consciously disregards a substantial 59
	93	+	and unjustifiable risk that an act or omission will harm an identifiable 60
	94	+	person. 61
	95	+	(c) Any person who serves as a member of any board, commission, 62
	96	+	committee or agency of a municipality and who is not compensated for 63
	97	+	such membership on a salary or prorated equivalent basis, shall not be 64
	98	+	personally liable for damage or injury occurring on or after October 1, 65
	99	+	1992, resulting from any act, error or omission made in the exercise of 66
	100	+	such person's policy or decision-making responsibilities on such board, 67
	101	+	commission, committee or agency if such person was acting in good 68
	102	+	faith, and within the scope of such person's official functions and 69
	103	+	duties, and was not acting in violation of any state, municipal or 70
	104	+	professional code of ethics regulating the conduct of such person, or in 71
	105	+	violation of subsection (a) of section 9-369b or subsection (b) or (c) of 72
	106	+	section 1-206. The provisions of this subsection shall not apply if such 73
	107	+	damage or injury was caused by the reckless, wilful or wanton 74
	108	+	misconduct of such person. 75
104	109		This act shall take effect as follows and shall amend the following
105	110		sections:
106	111
107	112		Section 1 October 1, 2019 52-557n
	113	+	Raised Bill No. 7185
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109		-	JUD Joint Favorable Subst.
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	117	+	LCO No. 4310 4 of 4
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	119	+	Statement of Purpose:
	120	+	To clarify the meaning of "acts with reckless disregard" as used in the
	121	+	statute concerning liability of a political subdivision and its employees,
	122	+	officers and agents.
	123	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	124	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	125	+	not underlined.]
110	126