Connecticut 2019 Regular Session

Connecticut House Bill HB07343 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 7343
	8	+	January Session, 2019
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4		-	Substitute House Bill No. 7343
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6		-	Public Act No. 19-182
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9	14		AN ACT CONCERNING TH E OFFICE OF THE CLAIMS
10	15		COMMISSIONER.
11	16		Be it enacted by the Senate and House of Representatives in General
12	17		Assembly convened:
13	18
14		-	Section 1. Section 4-151a of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective October 1, 2019, and
16		-	applicable to any claim filed on or after said date):
17		-	On his or her own motion or at the request of the claimant or the
18		-	representative for the state, which representative may in appropriate
19		-	cases be the Attorney General, the Claims Commissioner or a
20		-	magistrate may waive the hearing of any claim for [five] ten thousand
21		-	dollars or less and proceed upon affidavits filed by the claimant and
22		-	the state agency concerned.
23		-	Sec. 2. Section 4-158 of the general statutes is repealed and the
24		-	following is substituted in lieu thereof (Effective October 1, 2019, and
25		-	applicable to any claim filed on or after said date):
26		-	(a) The Claims Commissioner may (1) order that a claim be denied
27		-	or dismissed, (2) order immediate payment of a just claim in an
28		-	amount not exceeding [twenty] thirty-five thousand dollars, (3)
29		-	recommend to the General Assembly payment of a just claim in an
30		-	amount exceeding [twenty] thirty-five thousand dollars, or (4) Substitute House Bill No. 7343
	19	+	Section 1. Section 4-151a of the general statutes is repealed and the 1
	20	+	following is substituted in lieu thereof (Effective October 1, 2019, and 2
	21	+	applicable to any claim filed on or after said date): 3
	22	+	On his or her own motion or at the request of the claimant or the 4
	23	+	representative for the state, which representative may in appropriate 5
	24	+	cases be the Attorney General, the Claims Commissioner or a 6
	25	+	magistrate may waive the hearing of any claim for [five] ten thousand 7
	26	+	dollars or less and proceed upon affidavits filed by the claimant and 8
	27	+	the state agency concerned. 9
	28	+	Sec. 2. Section 4-158 of the general statutes is repealed and the 10
	29	+	following is substituted in lieu thereof (Effective October 1, 2019, and 11
	30	+	applicable to any claim filed on or after said date): 12
	31	+	(a) The Claims Commissioner may (1) order that a claim be denied 13
	32	+	or dismissed, (2) order immediate payment of a just claim in an 14
	33	+	amount not exceeding [twenty] fifty thousand dollars, (3) recommend 15
	34	+	to the General Assembly payment of a just claim in an amount 16
	35	+	exceeding [twenty] fifty thousand dollars, or (4) authorize a claimant 17
	36	+	to sue the state, as provided in section 4-160, as amended by this act. 18 Substitute Bill No. 7343
31	37
32		-	Public Act No. 19-182 2 of 9
33	38
34		-	authorize a claimant to sue the state, as provided in section 4-160, as
35		-	amended by this act.
36		-	(b) Any person who has filed a claim for more than [twenty] fifty
37		-	thousand dollars may request the General Assembly to review a
38		-	decision of the Claims Commissioner (1) ordering the denial or
39		-	dismissal of the claim pursuant to subdivision (1) of subsection (a) of
40		-	this section, including denying or dismissing a claim that requests
41		-	permission to sue the state, or (2) ordering immediate payment of a
42		-	just claim in an amount not exceeding [twenty] thirty-five thousand
43		-	dollars pursuant to subdivision (2) of subsection (a) of this section. A
44		-	request for review shall be in writing and filed with the Office of the
45		-	Claims Commissioner not later than twenty days after the date the
46		-	person requesting such review receives a copy of the decision. The
47		-	filing of a request for review shall automatically stay the decision of
48		-	the Claims Commissioner.
49		-	(c) The Office of the Claims Commissioner shall submit each claim
50		-	for which a request for review is filed pursuant to this section to the
51		-	General Assembly pursuant to section 4-159, as amended by this act.
52		-	(d) If the Claims Commissioner orders immediate payment of a just
53		-	claim in an amount not exceeding [twenty] thirty-five thousand dollars
54		-	pursuant to subdivision (2) of subsection (a) of this section and a
55		-	request for review is not timely filed pursuant to subsection (b) of this
56		-	section, the Office of the Claims Commissioner shall deliver to the
57		-	Comptroller a certified copy of the Claims Commissioner's order and
58		-	the Comptroller shall make payment from such appropriation as the
59		-	General Assembly may have made for the payment of claims or, in the
60		-	case of contractual claims for goods or services furnished or for
61		-	property leased, from the appropriation of the agency which received
62		-	such goods or services or occupied such property.
63		-	(e) Whenever the Claims Commissioner deems it just and equitable, Substitute House Bill No. 7343
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65		-	Public Act No. 19-182 3 of 9
	43	+	(b) Any person who has filed a claim for more than [twenty] fifty 19
	44	+	thousand dollars may request the General Assembly to review a 20
	45	+	decision of the Claims Commissioner (1) ordering the denial or 21
	46	+	dismissal of the claim pursuant to subdivision (1) of subsection (a) of 22
	47	+	this section, including denying or dismissing a claim that requests 23
	48	+	permission to sue the state, or (2) ordering immediate payment of a 24
	49	+	just claim in an amount not exceeding [twenty] fifty thousand dollars 25
	50	+	pursuant to subdivision (2) of subsection (a) of this section. A request 26
	51	+	for review shall be in writing and filed with the Office of the Claims 27
	52	+	Commissioner not later than twenty days after the date the person 28
	53	+	requesting such review receives a copy of the decision. The filing of a 29
	54	+	request for review shall automatically stay the decision of the Claims 30
	55	+	Commissioner. 31
	56	+	(c) The Office of the Claims Commissioner shall submit each claim 32
	57	+	for which a request for review is filed pursuant to this section to the 33
	58	+	General Assembly pursuant to section 4-159, as amended by this act. 34
	59	+	(d) If the Claims Commissioner orders immediate payment of a just 35
	60	+	claim in an amount not exceeding [twenty] fifty thousand dollars 36
	61	+	pursuant to subdivision (2) of subsection (a) of this section and a 37
	62	+	request for review is not timely filed pursuant to subsection (b) of this 38
	63	+	section, the Office of the Claims Commissioner shall deliver to the 39
	64	+	Comptroller a certified copy of the Claims Commissioner's order and 40
	65	+	the Comptroller shall make payment from such appropriation as the 41
	66	+	General Assembly may have made for the payment of claims or, in the 42
	67	+	case of contractual claims for goods or services furnished or for 43
	68	+	property leased, from the appropriation of the agency which received 44
	69	+	such goods or services or occupied such property. 45
	70	+	(e) Whenever the Claims Commissioner deems it just and equitable, 46
	71	+	the Claims Commissioner may, at any time prior to the submission of a 47
	72	+	claim to the General Assembly pursuant to subsection (a) of section 4-48
	73	+	159, amended by this act, vacate the decision made pursuant to 49
	74	+	subsection (a) of this section and undertake such further proceedings 50
	75	+	in accordance with this chapter as the Claims Commissioner may, in 51 Substitute Bill No. 7343
66	76
67		-	the Claims Commissioner may, at any time prior to the submission of a
68		-	claim to the General Assembly pursuant to subsection (a) of section 4-
69		-	159, amended by this act, vacate the decision made pursuant to
70		-	subsection (a) of this section and undertake such further proceedings
71		-	in accordance with this chapter as the Claims Commissioner may, in
72		-	his or her discretion, deem appropriate.
73		-	(f) Not later than five days after the convening of each regular
74		-	session, the Office of the Claims Commissioner shall report to the
75		-	General Assembly on all claims decided pursuant to this section.
76		-	Sec. 3. Section 4-159 of the general statutes is repealed and the
77		-	following is substituted in lieu thereof (Effective October 1, 2019, and
78		-	applicable to any claim filed on or after said date):
79		-	(a) Not later than five days after the convening of each regular
80		-	session and at such other times as the speaker of the House of
81		-	Representatives and president pro tempore of the Senate may desire,
82		-	the Office of the Claims Commissioner shall submit to the General
83		-	Assembly (1) all claims for which the Claims Commissioner or a
84		-	magistrate recommended payment of a just claim in an amount
85		-	exceeding [twenty] thirty-five thousand dollars pursuant to
86		-	subdivision (3) of subsection (a) of section 4-158, as amended by this
87		-	act, and (2) all claims for which a request for review has been filed
88		-	pursuant to subsection (b) of section 4-158, as amended by this act,
89		-	together with a copy of the Claims Commissioner's or the magistrate's
90		-	findings and the hearing record of each claim so reported.
91		-	(b) The General Assembly shall:
92		-	(1) With respect to a decision of the Claims Commissioner ordering
93		-	the denial or dismissal of a claim pursuant to subdivision (1) of
94		-	subsection (a) of section 4-158, as amended by this act:
95		-	(A) Confirm the decision; or Substitute House Bill No. 7343
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97		-	Public Act No. 19-182 4 of 9
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99		-	(B) Vacate the decision and, in lieu thereof, (i) order the payment of
100		-	the claim in a specified amount, or (ii) authorize the claimant to sue the
101		-	state;
102		-	(2) With respect to a decision of the Claims Commissioner ordering
103		-	the immediate payment of a just claim in an amount not exceeding
104		-	[twenty] thirty-five thousand dollars pursuant to subdivision (2) of
105		-	subsection (a) of section 4-158, as amended by this act:
106		-	(A) Confirm the decision;
107		-	(B) Modify the decision by ordering that a different amount be paid;
108		-	or
109		-	(C) Vacate the decision and, in lieu thereof, (i) order no payment be
110		-	made, or (ii) authorize the claimant to sue the state;
111		-	(3) With respect to a decision of the Claims Commissioner
112		-	recommending payment of a just claim in an amount exceeding
113		-	[twenty] thirty-five thousand dollars pursuant to subdivision (3) of
114		-	subsection (a) of section 4-158, as amended by this act:
115		-	(A) Accept the recommendation and order payment of the specified
116		-	amount;
117		-	(B) Modify the recommendation by ordering that a different amount
118		-	be paid; or
119		-	(C) Reject the recommendation and, in lieu thereof, (i) order no
120		-	payment be made, or (ii) authorize the claimant to sue the state; or
121		-	(4) With respect to a decision of the Claims Commissioner pursuant
122		-	to subdivision (1), (2) or (3) of subsection (a) of section 4-158, as
123		-	amended by this act, remand the claim to the Office of the Claims
124		-	Commissioner for such further proceedings as the General Assembly
125		-	may direct. Substitute House Bill No. 7343
	82	+	his or her discretion, deem appropriate. 52
	83	+	(f) Not later than five days after the convening of each regular 53
	84	+	session, the Office of the Claims Commissioner shall report to the 54
	85	+	General Assembly on all claims decided pursuant to this section. 55
	86	+	Sec. 3. Section 4-159 of the general statutes is repealed and the 56
	87	+	following is substituted in lieu thereof (Effective October 1, 2019, and 57
	88	+	applicable to any claim filed on or after said date): 58
	89	+	(a) Not later than five days after the convening of each regular 59
	90	+	session and at such other times as the speaker of the House of 60
	91	+	Representatives and president pro tempore of the Senate may desire, 61
	92	+	the Office of the Claims Commissioner shall submit to the General 62
	93	+	Assembly (1) all claims for which the Claims Commissioner or a 63
	94	+	magistrate recommended payment of a just claim in an amount 64
	95	+	exceeding [twenty] fifty thousand dollars pursuant to subdivision (3) 65
	96	+	of subsection (a) of section 4-158, as amended by this act, and (2) all 66
	97	+	claims for which a request for review has been filed pursuant to 67
	98	+	subsection (b) of section 4-158, as amended by this act, together with a 68
	99	+	copy of the Claims Commissioner's or the magistrate's findings and the 69
	100	+	hearing record of each claim so reported. 70
	101	+	(b) The General Assembly shall: 71
	102	+	(1) With respect to a decision of the Claims Commissioner ordering 72
	103	+	the denial or dismissal of a claim pursuant to subdivision (1) of 73
	104	+	subsection (a) of section 4-158, as amended by this act: 74
	105	+	(A) Confirm the decision; or 75
	106	+	(B) Vacate the decision and, in lieu thereof, (i) order the payment of 76
	107	+	the claim in a specified amount, or (ii) authorize the claimant to sue the 77
	108	+	state; 78
	109	+	(2) With respect to a decision of the Claims Commissioner ordering 79
	110	+	the immediate payment of a just claim in an amount not exceeding 80 Substitute Bill No. 7343
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127		-	Public Act No. 19-182 5 of 9
128	112
129		-	(c) The General Assembly may grant the claimant permission to sue
130		-	the state under the provisions of this section when the General
131		-	Assembly deems it just and equitable and believes the claim to present
132		-	an issue of law or fact under which the state, were it a private person,
133		-	could be liable.
134		-	(d) If the General Assembly orders the payment of a claim, the
135		-	Office of the Claims Commissioner shall deliver to the Comptroller a
136		-	notice of the order and the Comptroller shall make payment in the
137		-	manner prescribed for payment of an order of the Claims
138		-	Commissioner pursuant to section 4-158, as amended by this act.
139		-	(e) The review by the General Assembly of claims submitted to it by
140		-	the Office of the Claims Commissioner under this section shall be
141		-	conducted in accordance with such procedures as the General
142		-	Assembly may prescribe.
143		-	Sec. 4. Section 4-160 of the general statutes is repealed and the
144		-	following is substituted in lieu thereof (Effective October 1, 2019, and
145		-	applicable to any claim filed on or after said date):
146		-	(a) Whenever the Claims Commissioner deems it just and equitable,
147		-	the Claims Commissioner may authorize suit against the state on any
148		-	claim which, in the opinion of the Claims Commissioner, presents an
149		-	issue of law or fact under which the state, were it a private person,
150		-	could be liable. Whenever a person files a claim that exclusively seeks
151		-	permission to sue the state, the Claims Commissioner may hold a
152		-	hearing on the sole issue of the state's liability. During such hearing,
153		-	the state may present as an affirmative defense the claimant's lack of
154		-	damages. The Claims Commissioner may prescribe rules pursuant to
155		-	section 4-157 concerning a hearing that is held solely to address the
156		-	state's liability under this subsection.
157		-	(b) In any claim alleging malpractice against the state, a state Substitute House Bill No. 7343
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159		-	Public Act No. 19-182 6 of 9
	117	+	[twenty] fifty thousand dollars pursuant to subdivision (2) of 81
	118	+	subsection (a) of section 4-158, as amended by this act: 82
	119	+	(A) Confirm the decision; 83
	120	+	(B) Modify the decision by ordering that a different amount be paid; 84
	121	+	or 85
	122	+	(C) Vacate the decision and, in lieu thereof, (i) order no payment be 86
	123	+	made, or (ii) authorize the claimant to sue the state; 87
	124	+	(3) With respect to a decision of the Claims Commissioner 88
	125	+	recommending payment of a just claim in an amount exceeding 89
	126	+	[twenty] fifty thousand dollars pursuant to subdivision (3) of 90
	127	+	subsection (a) of section 4-158, as amended by this act: 91
	128	+	(A) Accept the recommendation and order payment of the specified 92
	129	+	amount; 93
	130	+	(B) Modify the recommendation by ordering that a different amount 94
	131	+	be paid; or 95
	132	+	(C) Reject the recommendation and, in lieu thereof, (i) order no 96
	133	+	payment be made, or (ii) authorize the claimant to sue the state; or 97
	134	+	(4) With respect to a decision of the Claims Commissioner pursuant 98
	135	+	to subdivision (1), (2) or (3) of subsection (a) of section 4-158, as 99
	136	+	amended by this act, remand the claim to the Office of the Claims 100
	137	+	Commissioner for such further proceedings as the General Assembly 101
	138	+	may direct. 102
	139	+	(c) The General Assembly may grant the claimant permission to sue 103
	140	+	the state under the provisions of this section when the General 104
	141	+	Assembly deems it just and equitable and believes the claim to present 105
	142	+	an issue of law or fact under which the state, were it a private person, 106
	143	+	could be liable. 107
	144	+	(d) If the General Assembly orders the payment of a claim, the 108 Substitute Bill No. 7343
160	145
161		-	hospital or against a physician, surgeon, dentist, podiatrist,
162		-	chiropractor or other licensed health care provider employed by the
163		-	state, the attorney or party filing the claim may submit a certificate of
164		-	good faith to the Office of the Claims Commissioner in accordance
165		-	with section 52-190a. If such a certificate is submitted, the Claims
166		-	Commissioner shall authorize suit against the state on such claim. In
167		-	lieu of filing a notice of claim pursuant to section 4-147, a claimant may
168		-	commence a medical malpractice action against the state prior to the
169		-	expiration of the limitation period set forth in section 4-148 and
170		-	authorization for such action against the state shall be deemed granted.
171		-	Any such action shall be limited to medical malpractice claims only
172		-	and any such action shall be deemed a suit otherwise authorized by
173		-	law in accordance with subsection (a) of section 4-142.
174		-	(c) In each action authorized by the Claims Commissioner pursuant
175		-	to subsection (a) or (b) of this section or by the General Assembly
176		-	pursuant to section 4-159, as amended by this act, or 4-159a, the
177		-	claimant shall allege such authorization and the date on which it was
178		-	granted, except that evidence of such authorization shall not be
179		-	admissible in such action as evidence of the state's liability. The state
180		-	waives its immunity from liability and from suit in each such action
181		-	and waives all defenses which might arise from the eleemosynary or
182		-	governmental nature of the activity complained of. The rights and
183		-	liability of the state in each such action shall be coextensive with and
184		-	shall equal the rights and liability of private persons in like
185		-	circumstances.
186		-	(d) No such action shall be brought but within one year from the
187		-	date such authorization to sue is granted. With respect to any claim
188		-	presented to the Office of the Claims Commissioner for which
189		-	authorization to sue is granted, any statute of limitation applicable to
190		-	such action shall be tolled until the date such authorization to sue is
191		-	granted. The claimant shall bring such action against the state as party Substitute House Bill No. 7343
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195		-	defendant in the judicial district in which the claimant resides or, if the
196		-	claimant is not a resident of this state, in the judicial district of
197		-	Hartford or in the judicial district in which the claim arose.
198		-	(e) Civil process directed against the state shall be served as
199		-	provided by section 52-64.
200		-	(f) Issues arising in such actions shall be tried to the court without a
201		-	jury.
202		-	(g) The laws and rules of practice governing disclosures in civil
203		-	actions shall apply against state agencies and state officers and
204		-	employees possessing books, papers, records, documents or
205		-	information pertinent to the issues involved in any such action.
206		-	(h) The Attorney General, with the consent of the court, may
207		-	compromise or settle any such action. The terms of every such
208		-	compromise or settlement shall be expressed in a judgment of the
209		-	court.
210		-	(i) Costs may be allowed against the state as the court deems just,
211		-	consistent with the provisions of chapter 901.
212		-	(j) The clerk of the court in which judgment is entered against the
213		-	state shall forward a certified copy of such judgment to the
214		-	Comptroller. The Attorney General shall certify to the Comptroller
215		-	when the time allowed by law for proceeding subsequent to final
216		-	judgment has expired and the Attorney General shall designate the
217		-	state agency involved in the action. Upon receipt of such judgment and
218		-	certification the Comptroller shall make payment as follows: Amounts
219		-	directed by law to be paid from a special fund shall be paid from such
220		-	special fund; amounts awarded upon contractual claims for goods or
221		-	services furnished or for property leased shall be paid from the
222		-	appropriation of the agency which received such goods or services or
223		-	occupied such property; all other amounts shall be paid from such Substitute House Bill No. 7343
	151	+	Office of the Claims Commissioner shall deliver to the Comptroller a 109
	152	+	notice of the order and the Comptroller shall make payment in the 110
	153	+	manner prescribed for payment of an order of the Claims 111
	154	+	Commissioner pursuant to section 4-158, as amended by this act. 112
	155	+	(e) The review by the General Assembly of claims submitted to it by 113
	156	+	the Office of the Claims Commissioner under this section shall be 114
	157	+	conducted in accordance with such procedures as the General 115
	158	+	Assembly may prescribe. 116
	159	+	Sec. 4. Section 4-160 of the general statutes is repealed and the 117
	160	+	following is substituted in lieu thereof (Effective October 1, 2019, and 118
	161	+	applicable to any claim filed on or after said date): 119
	162	+	(a) Whenever the Claims Commissioner deems it just and equitable, 120
	163	+	the Claims Commissioner may authorize suit against the state on any 121
	164	+	claim which, in the opinion of the Claims Commissioner, presents an 122
	165	+	issue of law or fact under which the state, were it a private person, 123
	166	+	could be liable. Whenever a person files a claim that exclusively seeks 124
	167	+	permission to the sue the state, the Claims Commissioner may hold a 125
	168	+	hearing on the sole issue of the state's liability. During such hearing, 126
	169	+	the state may present as an affirmative defense the claimant's lack of 127
	170	+	damages. The Claims Commissioner may prescribe rules pursuant to 128
	171	+	section 4-157 concerning a hearing that is held solely to address the 129
	172	+	state's liability under this subsection. 130
	173	+	(b) In any claim alleging malpractice against the state, a state 131
	174	+	hospital or against a physician, surgeon, dentist, podiatrist, 132
	175	+	chiropractor or other licensed health care provider employed by the 133
	176	+	state, the attorney or party filing the claim may submit a certificate of 134
	177	+	good faith to the Office of the Claims Commissioner in accordance 135
	178	+	with section 52-190a. If such a certificate is submitted, the Claims 136
	179	+	Commissioner shall authorize suit against the state on such claim. In 137
	180	+	lieu of filing a notice of claim pursuant to section 4-147, a claimant may 138
	181	+	commence a medical malpractice action against the state prior to the 139
	182	+	expiration of the limitation period set forth in section 4-148 and 140 Substitute Bill No. 7343
224	183
225		-	Public Act No. 19-182 8 of 9
226	184
227		-	appropriation as the General Assembly may have made for the
228		-	payment of claims.
229		-	(k) Not later than five days after the convening of each regular
230		-	session, the Attorney General shall report to the joint standing
231		-	committee of the General Assembly having cognizance of matters
232		-	relating to the judiciary on the status and disposition of all actions
233		-	authorized pursuant to this section or section 4-159, as amended by
234		-	this act, or brought against the state under any other provision of law
235		-	and in which the interests of the state are represented by the Attorney
236		-	General. The report shall include: (1) The number of such actions
237		-	pending in state and federal court, categorized by the alleged ground
238		-	for the action, (2) the number of new actions brought in the preceding
239		-	year in state and federal court, categorized by the alleged ground for
240		-	the action, (3) the number of actions disposed of in the preceding year,
241		-	categorized by the ground for the action that was disposed of and
242		-	whether the action was disposed of by settlement or litigation to final
243		-	judgment, and the amount paid for actions within the respective
244		-	categories, and (4) such other information as may be requested, from
245		-	time to time, by the joint standing committee of the General Assembly
246		-	having cognizance of matters relating to the judiciary. The report shall
247		-	identify each action disposed of by payment of an amount exceeding
248		-	one hundred thousand dollars.
249		-	Sec. 5. Section 4-142b of the general statutes is repealed and the
250		-	following is substituted in lieu thereof (Effective October 1, 2019):
251		-	The Office of the Claims Commissioner shall maintain a permanent
252		-	office in Hartford County in such suitable space as the Commissioner
253		-	of Administrative Services provides. All papers required to be filed
254		-	with the Office of the Claims Commissioner shall be delivered to such
255		-	office. The Claims Commissioner may designate one or more
256		-	magistrates who shall be available to the Office of the Claims
257		-	Commissioner to hear [and determine claims] a claim and issue a Substitute House Bill No. 7343
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258	188
259		-	Public Act No. 19-182 9 of 9
	189	+	authorization for such action against the state shall be deemed granted. 141
	190	+	Any such action shall be limited to medical malpractice claims only 142
	191	+	and any such action shall be deemed a suit otherwise authorized by 143
	192	+	law in accordance with subsection (a) of section 4-142. 144
	193	+	(c) In each action authorized by the Claims Commissioner pursuant 145
	194	+	to subsection (a) or (b) of this section or by the General Assembly 146
	195	+	pursuant to section 4-159, as amended by this act, or 4-159a, the 147
	196	+	claimant shall allege such authorization and the date on which it was 148
	197	+	granted, except that evidence of such authorization shall not be 149
	198	+	admissible in such action as evidence of the state's liability. The state 150
	199	+	waives its immunity from liability and from suit in each such action 151
	200	+	and waives all defenses which might arise from the eleemosynary or 152
	201	+	governmental nature of the activity complained of. The rights and 153
	202	+	liability of the state in each such action shall be coextensive with and 154
	203	+	shall equal the rights and liability of private persons in like 155
	204	+	circumstances. 156
	205	+	(d) No such action shall be brought but within one year from the 157
	206	+	date such authorization to sue is granted. With respect to any claim 158
	207	+	presented to the Office of the Claims Commissioner for which 159
	208	+	authorization to sue is granted, any statute of limitation applicable to 160
	209	+	such action shall be tolled until the date such authorization to sue is 161
	210	+	granted. The claimant shall bring such action against the state as party 162
	211	+	defendant in the judicial district in which the claimant resides or, if the 163
	212	+	claimant is not a resident of this state, in the judicial district of 164
	213	+	Hartford or in the judicial district in which the claim arose. 165
	214	+	(e) Civil process directed against the state shall be served as 166
	215	+	provided by section 52-64. 167
	216	+	(f) Issues arising in such actions shall be tried to the court without a 168
	217	+	jury. 169
	218	+	(g) The laws and rules of practice governing disclosures in civil 170
	219	+	actions shall apply against state agencies and state officers and 171 Substitute Bill No. 7343
260	220
261		-	decision concerning the final disposition of a claim against the state, as
262		-	provided for in this chapter. The Claims Commissioner may appoint
263		-	any magistrate who is on the list of available magistrates maintained
264		-	by the Chief Court Administrator. [The Claims Commissioner shall be
265		-	solely responsible for making any decision concerning the final
266		-	disposition of a claim, provided any] A magistrate appointed by the
267		-	Claims Commissioner may review, [and hear a claim and] hear and
268		-	decide a claim, or make a recommendation to the Claims
269		-	Commissioner concerning the final disposition of a claim. The Claims
270		-	Commissioner shall establish such rules as he or she deems necessary
271		-	to provide for the appointment of a magistrate to hear and decide
272		-	matters pursuant to the provisions of this chapter. Such rules may
273		-	include limitations on the types of matters that may be heard and
274		-	decided by a magistrate and may provide for the issuance of a
275		-	recommendation by a magistrate concerning the final disposition of a
276		-	claim that is subject to review and approval by the Clai ms
277		-	Commissioner.
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	225	+
	226	+	employees possessing books, papers, records, documents or 172
	227	+	information pertinent to the issues involved in any such action. 173
	228	+	(h) The Attorney General, with the consent of the court, may 174
	229	+	compromise or settle any such action. The terms of every such 175
	230	+	compromise or settlement shall be expressed in a judgment of the 176
	231	+	court. 177
	232	+	(i) Costs may be allowed against the state as the court deems just, 178
	233	+	consistent with the provisions of chapter 901. 179
	234	+	(j) The clerk of the court in which judgment is entered against the 180
	235	+	state shall forward a certified copy of such judgment to the 181
	236	+	Comptroller. The Attorney General shall certify to the Comptroller 182
	237	+	when the time allowed by law for proceeding subsequent to final 183
	238	+	judgment has expired and the Attorney General shall designate the 184
	239	+	state agency involved in the action. Upon receipt of such judgment and 185
	240	+	certification the Comptroller shall make payment as follows: Amounts 186
	241	+	directed by law to be paid from a special fund shall be paid from such 187
	242	+	special fund; amounts awarded upon contractual claims for goods or 188
	243	+	services furnished or for property leased shall be paid from the 189
	244	+	appropriation of the agency which received such goods or services or 190
	245	+	occupied such property; all other amounts shall be paid from such 191
	246	+	appropriation as the General Assembly may have made for the 192
	247	+	payment of claims. 193
	248	+	(k) Not later than five days after the convening of each regular 194
	249	+	session, the Attorney General shall report to the joint standing 195
	250	+	committee of the General Assembly having cognizance of matters 196
	251	+	relating to the judiciary on the status and disposition of all actions 197
	252	+	authorized pursuant to this section or section 4-159, as amended by 198
	253	+	this act, or brought against the state under any other provision of law 199
	254	+	and in which the interests of the state are represented by the Attorney 200
	255	+	General. The report shall include: (1) The number of such actions 201
	256	+	pending in state and federal court, categorized by the alleged ground 202
	257	+	for the action, (2) the number of new actions brought in the preceding 203 Substitute Bill No. 7343
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	263	+
	264	+	year in state and federal court, categorized by the alleged ground for 204
	265	+	the action, (3) the number of actions disposed of in the preceding year, 205
	266	+	categorized by the ground for the action that was disposed of and 206
	267	+	whether the action was disposed of by settlement or litigation to final 207
	268	+	judgment, and the amount paid for actions within the respective 208
	269	+	categories, and (4) such other information as may be requested, from 209
	270	+	time to time, by the joint standing committee of the General Assembly 210
	271	+	having cognizance of matters relating to the judiciary. The report shall 211
	272	+	identify each action disposed of by payment of an amount exceeding 212
	273	+	one hundred thousand dollars. 213
	274	+	Sec. 5. Section 4-142b of the general statutes is repealed and the 214
	275	+	following is substituted in lieu thereof (Effective October 1, 2019): 215
	276	+	The Office of the Claims Commissioner shall maintain a permanent 216
	277	+	office in Hartford County in such suitable space as the Commissioner 217
	278	+	of Administrative Services provides. All papers required to be filed 218
	279	+	with the Office of the Claims Commissioner shall be delivered to such 219
	280	+	office. The Claims Commissioner may designate one or more 220
	281	+	magistrates who shall be available to the Office of the Claims 221
	282	+	Commissioner to hear [and determine claims] a claim and issue a 222
	283	+	decision concerning the final disposition of a claim against the state, as 223
	284	+	provided for in this chapter. The Claims Commissioner may appoint 224
	285	+	any magistrate who is on the list of available magistrates maintained 225
	286	+	by the Chief Court Administrator. [The Claims Commissioner shall be 226
	287	+	solely responsible for making any decision concerning the final 227
	288	+	disposition of a claim, provided any] A magistrate appointed by the 228
	289	+	Claims Commissioner may review, [and hear a claim and] hear and 229
	290	+	decide a claim, or make a recommendation to the Claims 230
	291	+	Commissioner concerning the final disposition of a claim. The Claims 231
	292	+	Commissioner shall establish such rules as he or she deems necessary 232
	293	+	to provide for the appointment of a magistrate to hear and decide 233
	294	+	matters pursuant to the provisions of this chapter. Such rules may 234
	295	+	include limitations on the types of matters that may be heard and 235
	296	+	decided by a magistrate and may provide for the issuance of a 236 Substitute Bill No. 7343
	297	+
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	302	+
	303	+	recommendation by a magistrate concerning the final disposition of a 237
	304	+	claim that is subject to review and approval by the Clai ms 238
	305	+	Commissioner. 239
	306	+	This act shall take effect as follows and shall amend the following
	307	+	sections:
	308	+
	309	+	Section 1 October 1, 2019, and
	310	+	applicable to any claim
	311	+	filed on or after said date
	312	+	4-151a
	313	+	Sec. 2 October 1, 2019, and
	314	+	applicable to any claim
	315	+	filed on or after said date
	316	+	4-158
	317	+	Sec. 3 October 1, 2019, and
	318	+	applicable to any claim
	319	+	filed on or after said date
	320	+	4-159
	321	+	Sec. 4 October 1, 2019, and
	322	+	applicable to any claim
	323	+	filed on or after said date
	324	+	4-160
	325	+	Sec. 5 October 1, 2019 4-142b
	326	+
	327	+	JUD Joint Favorable Subst.
278	328