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General Assembly Substitute Bill No. 7343
January Session, 2019
AN ACT CONCERNING TH E OFFICE OF THE CLAIMS
COMMISSIONER.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 4-151a of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019, and 2
applicable to any claim filed on or after said date): 3
On his or her own motion or at the request of the claimant or the 4
representative for the state, which representative may in appropriate 5
cases be the Attorney General, the Claims Commissioner or a 6
magistrate may waive the hearing of any claim for [five] ten thousand 7
dollars or less and proceed upon affidavits filed by the claimant and 8
the state agency concerned. 9
Sec. 2. Section 4-158 of the general statutes is repealed and the 10
following is substituted in lieu thereof (Effective October 1, 2019, and 11
applicable to any claim filed on or after said date): 12
(a) The Claims Commissioner may (1) order that a claim be denied 13
or dismissed, (2) order immediate payment of a just claim in an 14
amount not exceeding [twenty] fifty thousand dollars, (3) recommend 15
to the General Assembly payment of a just claim in an amount 16
exceeding [twenty] fifty thousand dollars, or (4) authorize a claimant 17
to sue the state, as provided in section 4-160, as amended by this act. 18 Substitute Bill No. 7343
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(b) Any person who has filed a claim for more than [twenty] fifty 19
thousand dollars may request the General Assembly to review a 20
decision of the Claims Commissioner (1) ordering the denial or 21
dismissal of the claim pursuant to subdivision (1) of subsection (a) of 22
this section, including denying or dismissing a claim that requests 23
permission to sue the state, or (2) ordering immediate payment of a 24
just claim in an amount not exceeding [twenty] fifty thousand dollars 25
pursuant to subdivision (2) of subsection (a) of this section. A request 26
for review shall be in writing and filed with the Office of the Claims 27
Commissioner not later than twenty days after the date the person 28
requesting such review receives a copy of the decision. The filing of a 29
request for review shall automatically stay the decision of the Claims 30
Commissioner. 31
(c) The Office of the Claims Commissioner shall submit each claim 32
for which a request for review is filed pursuant to this section to the 33
General Assembly pursuant to section 4-159, as amended by this act. 34
(d) If the Claims Commissioner orders immediate payment of a just 35
claim in an amount not exceeding [twenty] fifty thousand dollars 36
pursuant to subdivision (2) of subsection (a) of this section and a 37
request for review is not timely filed pursuant to subsection (b) of this 38
section, the Office of the Claims Commissioner shall deliver to the 39
Comptroller a certified copy of the Claims Commissioner's order and 40
the Comptroller shall make payment from such appropriation as the 41
General Assembly may have made for the payment of claims or, in the 42
case of contractual claims for goods or services furnished or for 43
property leased, from the appropriation of the agency which received 44
such goods or services or occupied such property. 45
(e) Whenever the Claims Commissioner deems it just and equitable, 46
the Claims Commissioner may, at any time prior to the submission of a 47
claim to the General Assembly pursuant to subsection (a) of section 4-48
159, amended by this act, vacate the decision made pursuant to 49
subsection (a) of this section and undertake such further proceedings 50
in accordance with this chapter as the Claims Commissioner may, in 51 Substitute Bill No. 7343
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his or her discretion, deem appropriate. 52
(f) Not later than five days after the convening of each regular 53
session, the Office of the Claims Commissioner shall report to the 54
General Assembly on all claims decided pursuant to this section. 55
Sec. 3. Section 4-159 of the general statutes is repealed and the 56
following is substituted in lieu thereof (Effective October 1, 2019, and 57
applicable to any claim filed on or after said date): 58
(a) Not later than five days after the convening of each regular 59
session and at such other times as the speaker of the House of 60
Representatives and president pro tempore of the Senate may desire, 61
the Office of the Claims Commissioner shall submit to the General 62
Assembly (1) all claims for which the Claims Commissioner or a 63
magistrate recommended payment of a just claim in an amount 64
exceeding [twenty] fifty thousand dollars pursuant to subdivision (3) 65
of subsection (a) of section 4-158, as amended by this act, and (2) all 66
claims for which a request for review has been filed pursuant to 67
subsection (b) of section 4-158, as amended by this act, together with a 68
copy of the Claims Commissioner's or the magistrate's findings and the 69
hearing record of each claim so reported. 70
(b) The General Assembly shall: 71
(1) With respect to a decision of the Claims Commissioner ordering 72
the denial or dismissal of a claim pursuant to subdivision (1) of 73
subsection (a) of section 4-158, as amended by this act: 74
(A) Confirm the decision; or 75
(B) Vacate the decision and, in lieu thereof, (i) order the payment of 76
the claim in a specified amount, or (ii) authorize the claimant to sue the 77
state; 78
(2) With respect to a decision of the Claims Commissioner ordering 79
the immediate payment of a just claim in an amount not exceeding 80 Substitute Bill No. 7343
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[twenty] fifty thousand dollars pursuant to subdivision (2) of 81
subsection (a) of section 4-158, as amended by this act: 82
(A) Confirm the decision; 83
(B) Modify the decision by ordering that a different amount be paid; 84
or 85
(C) Vacate the decision and, in lieu thereof, (i) order no payment be 86
made, or (ii) authorize the claimant to sue the state; 87
(3) With respect to a decision of the Claims Commissioner 88
recommending payment of a just claim in an amount exceeding 89
[twenty] fifty thousand dollars pursuant to subdivision (3) of 90
subsection (a) of section 4-158, as amended by this act: 91
(A) Accept the recommendation and order payment of the specified 92
amount; 93
(B) Modify the recommendation by ordering that a different amount 94
be paid; or 95
(C) Reject the recommendation and, in lieu thereof, (i) order no 96
payment be made, or (ii) authorize the claimant to sue the state; or 97
(4) With respect to a decision of the Claims Commissioner pursuant 98
to subdivision (1), (2) or (3) of subsection (a) of section 4-158, as 99
amended by this act, remand the claim to the Office of the Claims 100
Commissioner for such further proceedings as the General Assembly 101
may direct. 102
(c) The General Assembly may grant the claimant permission to sue 103
the state under the provisions of this section when the General 104
Assembly deems it just and equitable and believes the claim to present 105
an issue of law or fact under which the state, were it a private person, 106
could be liable. 107
(d) If the General Assembly orders the payment of a claim, the 108 Substitute Bill No. 7343
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Office of the Claims Commissioner shall deliver to the Comptroller a 109
notice of the order and the Comptroller shall make payment in the 110
manner prescribed for payment of an order of the Claims 111
Commissioner pursuant to section 4-158, as amended by this act. 112
(e) The review by the General Assembly of claims submitted to it by 113
the Office of the Claims Commissioner under this section shall be 114
conducted in accordance with such procedures as the General 115
Assembly may prescribe. 116
Sec. 4. Section 4-160 of the general statutes is repealed and the 117
following is substituted in lieu thereof (Effective October 1, 2019, and 118
applicable to any claim filed on or after said date): 119
(a) Whenever the Claims Commissioner deems it just and equitable, 120
the Claims Commissioner may authorize suit against the state on any 121
claim which, in the opinion of the Claims Commissioner, presents an 122
issue of law or fact under which the state, were it a private person, 123
could be liable. Whenever a person files a claim that exclusively seeks 124
permission to the sue the state, the Claims Commissioner may hold a 125
hearing on the sole issue of the state's liability. During such hearing, 126
the state may present as an affirmative defense the claimant's lack of 127
damages. The Claims Commissioner may prescribe rules pursuant to 128
section 4-157 concerning a hearing that is held solely to address the 129
state's liability under this subsection. 130
(b) In any claim alleging malpractice against the state, a state 131
hospital or against a physician, surgeon, dentist, podiatrist, 132
chiropractor or other licensed health care provider employed by the 133
state, the attorney or party filing the claim may submit a certificate of 134
good faith to the Office of the Claims Commissioner in accordance 135
with section 52-190a. If such a certificate is submitted, the Claims 136
Commissioner shall authorize suit against the state on such claim. In 137
lieu of filing a notice of claim pursuant to section 4-147, a claimant may 138
commence a medical malpractice action against the state prior to the 139
expiration of the limitation period set forth in section 4-148 and 140 Substitute Bill No. 7343
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authorization for such action against the state shall be deemed granted. 141
Any such action shall be limited to medical malpractice claims only 142
and any such action shall be deemed a suit otherwise authorized by 143
law in accordance with subsection (a) of section 4-142. 144
(c) In each action authorized by the Claims Commissioner pursuant 145
to subsection (a) or (b) of this section or by the General Assembly 146
pursuant to section 4-159, as amended by this act, or 4-159a, the 147
claimant shall allege such authorization and the date on which it was 148
granted, except that evidence of such authorization shall not be 149
admissible in such action as evidence of the state's liability. The state 150
waives its immunity from liability and from suit in each such action 151
and waives all defenses which might arise from the eleemosynary or 152
governmental nature of the activity complained of. The rights and 153
liability of the state in each such action shall be coextensive with and 154
shall equal the rights and liability of private persons in like 155
circumstances. 156
(d) No such action shall be brought but within one year from the 157
date such authorization to sue is granted. With respect to any claim 158
presented to the Office of the Claims Commissioner for which 159
authorization to sue is granted, any statute of limitation applicable to 160
such action shall be tolled until the date such authorization to sue is 161
granted. The claimant shall bring such action against the state as party 162
defendant in the judicial district in which the claimant resides or, if the 163
claimant is not a resident of this state, in the judicial district of 164
Hartford or in the judicial district in which the claim arose. 165
(e) Civil process directed against the state shall be served as 166
provided by section 52-64. 167
(f) Issues arising in such actions shall be tried to the court without a 168
jury. 169
(g) The laws and rules of practice governing disclosures in civil 170
actions shall apply against state agencies and state officers and 171 Substitute Bill No. 7343
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employees possessing books, papers, records, documents or 172
information pertinent to the issues involved in any such action. 173
(h) The Attorney General, with the consent of the court, may 174
compromise or settle any such action. The terms of every such 175
compromise or settlement shall be expressed in a judgment of the 176
court. 177
(i) Costs may be allowed against the state as the court deems just, 178
consistent with the provisions of chapter 901. 179
(j) The clerk of the court in which judgment is entered against the 180
state shall forward a certified copy of such judgment to the 181
Comptroller. The Attorney General shall certify to the Comptroller 182
when the time allowed by law for proceeding subsequent to final 183
judgment has expired and the Attorney General shall designate the 184
state agency involved in the action. Upon receipt of such judgment and 185
certification the Comptroller shall make payment as follows: Amounts 186
directed by law to be paid from a special fund shall be paid from such 187
special fund; amounts awarded upon contractual claims for goods or 188
services furnished or for property leased shall be paid from the 189
appropriation of the agency which received such goods or services or 190
occupied such property; all other amounts shall be paid from such 191
appropriation as the General Assembly may have made for the 192
payment of claims. 193
(k) Not later than five days after the convening of each regular 194
session, the Attorney General shall report to the joint standing 195
committee of the General Assembly having cognizance of matters 196
relating to the judiciary on the status and disposition of all actions 197
authorized pursuant to this section or section 4-159, as amended by 198
this act, or brought against the state under any other provision of law 199
and in which the interests of the state are represented by the Attorney 200
General. The report shall include: (1) The number of such actions 201
pending in state and federal court, categorized by the alleged ground 202
for the action, (2) the number of new actions brought in the preceding 203 Substitute Bill No. 7343
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year in state and federal court, categorized by the alleged ground for 204
the action, (3) the number of actions disposed of in the preceding year, 205
categorized by the ground for the action that was disposed of and 206
whether the action was disposed of by settlement or litigation to final 207
judgment, and the amount paid for actions within the respective 208
categories, and (4) such other information as may be requested, from 209
time to time, by the joint standing committee of the General Assembly 210
having cognizance of matters relating to the judiciary. The report shall 211
identify each action disposed of by payment of an amount exceeding 212
one hundred thousand dollars. 213
Sec. 5. Section 4-142b of the general statutes is repealed and the 214
following is substituted in lieu thereof (Effective October 1, 2019): 215
The Office of the Claims Commissioner shall maintain a permanent 216
office in Hartford County in such suitable space as the Commissioner 217
of Administrative Services provides. All papers required to be filed 218
with the Office of the Claims Commissioner shall be delivered to such 219
office. The Claims Commissioner may designate one or more 220
magistrates who shall be available to the Office of the Claims 221
Commissioner to hear [and determine claims] a claim and issue a 222
decision concerning the final disposition of a claim against the state, as 223
provided for in this chapter. The Claims Commissioner may appoint 224
any magistrate who is on the list of available magistrates maintained 225
by the Chief Court Administrator. [The Claims Commissioner shall be 226
solely responsible for making any decision concerning the final 227
disposition of a claim, provided any] A magistrate appointed by the 228
Claims Commissioner may review, [and hear a claim and] hear and 229
decide a claim, or make a recommendation to the Claims 230
Commissioner concerning the final disposition of a claim. The Claims 231
Commissioner shall establish such rules as he or she deems necessary 232
to provide for the appointment of a magistrate to hear and decide 233
matters pursuant to the provisions of this chapter. Such rules may 234
include limitations on the types of matters that may be heard and 235
decided by a magistrate and may provide for the issuance of a 236 Substitute Bill No. 7343
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recommendation by a magistrate concerning the final disposition of a 237
claim that is subject to review and approval by the Clai ms 238
Commissioner. 239
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019, and
applicable to any claim
filed on or after said date
4-151a
Sec. 2 October 1, 2019, and
applicable to any claim
filed on or after said date
4-158
Sec. 3 October 1, 2019, and
applicable to any claim
filed on or after said date
4-159
Sec. 4 October 1, 2019, and
applicable to any claim
filed on or after said date
4-160
Sec. 5 October 1, 2019 4-142b
JUD Joint Favorable Subst.