Substitute House Bill No. 7343
Public Act No. 19-182
AN ACT CONCERNING TH E OFFICE OF THE CLAI MS
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 Section 4-151a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019, and
applicable to any claim filed on or after said date):
On his or her own motion or at the request of the claimant or the
representative for the state, which representative may in appropriate
cases be the Attorney General, the Claims Commissioner or a
magistrate may waive the hearing of any claim for [five] ten thousand
dollars or less and proceed upon affidavits filed by the claimant and
the state agency concerned.
Sec. 2. Section 4-158 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019, and
applicable to any claim filed on or after said date):
(a) The Claims Commissioner may (1) order that a claim be denied
or dismissed, (2) order immediate payment of a just claim in an
amount not exceeding [twenty] thirty-five thousand dollars, (3)
recommend to the General Assembly payment of a just claim in an
amount exceeding [twenty] thirty-five thousand dollars, or (4) Substitute House Bill No. 7343
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authorize a claimant to sue the state, as provided in section 4-160, as
amended by this act.
(b) Any person who has filed a claim for more than [twenty] fifty
thousand dollars may request the General Assembly to review a
decision of the Claims Commissioner (1) ordering the denial or
dismissal of the claim pursuant to subdivision (1) of subsection (a) of
this section, including denying or dismissing a claim that requests
permission to sue the state, or (2) ordering immediate payment of a
just claim in an amount not exceeding [twenty] thirty-five thousand
dollars pursuant to subdivision (2) of subsection (a) of this section. A
request for review shall be in writing and filed with the Office of the
Claims Commissioner not later than twenty days after the date the
person requesting such review receives a copy of the decision. The
filing of a request for review shall automatically stay the decision of
the Claims Commissioner.
(c) The Office of the Claims Commissioner shall submit each claim
for which a request for review is filed pursuant to this section to the
General Assembly pursuant to section 4-159, as amended by this act.
(d) If the Claims Commissioner orders immediate payment of a just
claim in an amount not exceeding [twenty] thirty-five thousand dollars
pursuant to subdivision (2) of subsection (a) of this section and a
request for review is not timely filed pursuant to subsection (b) of this
section, the Office of the Claims Commissioner shall deliver to the
Comptroller a certified copy of the Claims Commissioner's order and
the Comptroller shall make payment from such appropriation as the
General Assembly may have made for the payment of claims or, in the
case of contractual claims for goods or services furnished or for
property leased, from the appropriation of the agency which received
such goods or services or occupied such property.
(e) Whenever the Claims Commissioner deems it just and equitable, Substitute House Bill No. 7343
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the Claims Commissioner may, at any time prior to the submission of a
claim to the General Assembly pursuant to subsection (a) of section 4-
159, amended by this act, vacate the decision made pursuant to
subsection (a) of this section and undertake such further proceedings
in accordance with this chapter as the Claims Commissioner may, in
his or her discretion, deem appropriate.
(f) Not later than five days after the convening of each regular
session, the Office of the Claims Commissioner shall report to the
General Assembly on all claims decided pursuant to this section.
Sec. 3. Section 4-159 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019, and
applicable to any claim filed on or after said date):
(a) Not later than five days after the convening of each regular
session and at such other times as the speaker of the House of
Representatives and president pro tempore of the Senate may desire,
the Office of the Claims Commissioner shall submit to the General
Assembly (1) all claims for which the Claims Commissioner or a
magistrate recommended payment of a just claim in an amount
exceeding [twenty] thirty-five thousand dollars pursuant to
subdivision (3) of subsection (a) of section 4-158, as amended by this
act, and (2) all claims for which a request for review has been filed
pursuant to subsection (b) of section 4-158, as amended by this act,
together with a copy of the Claims Commissioner's or the magistrate's
findings and the hearing record of each claim so reported.
(b) The General Assembly shall:
(1) With respect to a decision of the Claims Commissioner ordering
the denial or dismissal of a claim pursuant to subdivision (1) of
subsection (a) of section 4-158, as amended by this act:
(A) Confirm the decision; or Substitute House Bill No. 7343
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(B) Vacate the decision and, in lieu thereof, (i) order the payment of
the claim in a specified amount, or (ii) authorize the claimant to sue the
state;
(2) With respect to a decision of the Claims Commissioner ordering
the immediate payment of a just claim in an amount not exceeding
[twenty] thirty-five thousand dollars pursuant to subdivision (2) of
subsection (a) of section 4-158, as amended by this act:
(A) Confirm the decision;
(B) Modify the decision by ordering that a different amount be paid;
or
(C) Vacate the decision and, in lieu thereof, (i) order no payment be
made, or (ii) authorize the claimant to sue the state;
(3) With respect to a decision of the Claims Commissioner
recommending payment of a just claim in an amount exceeding
[twenty] thirty-five thousand dollars pursuant to subdivision (3) of
subsection (a) of section 4-158, as amended by this act:
(A) Accept the recommendation and order payment of the specified
amount;
(B) Modify the recommendation by ordering that a different amount
be paid; or
(C) Reject the recommendation and, in lieu thereof, (i) order no
payment be made, or (ii) authorize the claimant to sue the state; or
(4) With respect to a decision of the Claims Commissioner pursuant
to subdivision (1), (2) or (3) of subsection (a) of section 4-158, as
amended by this act, remand the claim to the Office of the Claims
Commissioner for such further proceedings as the General Assembly
may direct. Substitute House Bill No. 7343
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(c) The General Assembly may grant the claimant permission to sue
the state under the provisions of this section when the General
Assembly deems it just and equitable and believes the claim to present
an issue of law or fact under which the state, were it a private person,
could be liable.
(d) If the General Assembly orders the payment of a claim, the
Office of the Claims Commissioner shall deliver to the Comptroller a
notice of the order and the Comptroller shall make payment in the
manner prescribed for payment of an order of the Claims
Commissioner pursuant to section 4-158, as amended by this act.
(e) The review by the General Assembly of claims submitted to it by
the Office of the Claims Commissioner under this section shall be
conducted in accordance with such procedures as the General
Assembly may prescribe.
Sec. 4. Section 4-160 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019, and
applicable to any claim filed on or after said date):
(a) Whenever the Claims Commissioner deems it just and equitable,
the Claims Commissioner may authorize suit against the state on any
claim which, in the opinion of the Claims Commissioner, presents an
issue of law or fact under which the state, were it a private person,
could be liable. Whenever a person files a claim that exclusively seeks
permission to sue the state, the Claims Commissioner may hold a
hearing on the sole issue of the state's liability. During such hearing,
the state may present as an affirmative defense the claimant's lack of
damages. The Claims Commissioner may prescribe rules pursuant to
section 4-157 concerning a hearing that is held solely to address the
state's liability under this subsection.
(b) In any claim alleging malpractice against the state, a state Substitute House Bill No. 7343
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hospital or against a physician, surgeon, dentist, podiatrist,
chiropractor or other licensed health care provider employed by the
state, the attorney or party filing the claim may submit a certificate of
good faith to the Office of the Claims Commissioner in accordance
with section 52-190a. If such a certificate is submitted, the Claims
Commissioner shall authorize suit against the state on such claim. In
lieu of filing a notice of claim pursuant to section 4-147, a claimant may
commence a medical malpractice action against the state prior to the
expiration of the limitation period set forth in section 4-148 and
authorization for such action against the state shall be deemed granted.
Any such action shall be limited to medical malpractice claims only
and any such action shall be deemed a suit otherwise authorized by
law in accordance with subsection (a) of section 4-142.
(c) In each action authorized by the Claims Commissioner pursuant
to subsection (a) or (b) of this section or by the General Assembly
pursuant to section 4-159, as amended by this act, or 4-159a, the
claimant shall allege such authorization and the date on which it was
granted, except that evidence of such authorization shall not be
admissible in such action as evidence of the state's liability. The state
waives its immunity from liability and from suit in each such action
and waives all defenses which might arise from the eleemosynary or
governmental nature of the activity complained of. The rights and
liability of the state in each such action shall be coextensive with and
shall equal the rights and liability of private persons in like
circumstances.
(d) No such action shall be brought but within one year from the
date such authorization to sue is granted. With respect to any claim
presented to the Office of the Claims Commissioner for which
authorization to sue is granted, any statute of limitation applicable to
such action shall be tolled until the date such authorization to sue is
granted. The claimant shall bring such action against the state as party Substitute House Bill No. 7343
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defendant in the judicial district in which the claimant resides or, if the
claimant is not a resident of this state, in the judicial district of
Hartford or in the judicial district in which the claim arose.
(e) Civil process directed against the state shall be served as
provided by section 52-64.
(f) Issues arising in such actions shall be tried to the court without a
jury.
(g) The laws and rules of practice governing disclosures in civil
actions shall apply against state agencies and state officers and
employees possessing books, papers, records, documents or
information pertinent to the issues involved in any such action.
(h) The Attorney General, with the consent of the court, may
compromise or settle any such action. The terms of every such
compromise or settlement shall be expressed in a judgment of the
court.
(i) Costs may be allowed against the state as the court deems just,
consistent with the provisions of chapter 901.
(j) The clerk of the court in which judgment is entered against the
state shall forward a certified copy of such judgment to the
Comptroller. The Attorney General shall certify to the Comptroller
when the time allowed by law for proceeding subsequent to final
judgment has expired and the Attorney General shall designate the
state agency involved in the action. Upon receipt of such judgment and
certification the Comptroller shall make payment as follows: Amounts
directed by law to be paid from a special fund shall be paid from such
special fund; amounts awarded upon contractual claims for goods or
services furnished or for property leased shall be paid from the
appropriation of the agency which received such goods or services or
occupied such property; all other amounts shall be paid from such Substitute House Bill No. 7343
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appropriation as the General Assembly may have made for the
payment of claims.
(k) Not later than five days after the convening of each regular
session, the Attorney General shall report to the joint standing
committee of the General Assembly having cognizance of matters
relating to the judiciary on the status and disposition of all actions
authorized pursuant to this section or section 4-159, as amended by
this act, or brought against the state under any other provision of law
and in which the interests of the state are represented by the Attorney
General. The report shall include: (1) The number of such actions
pending in state and federal court, categorized by the alleged ground
for the action, (2) the number of new actions brought in the preceding
year in state and federal court, categorized by the alleged ground for
the action, (3) the number of actions disposed of in the preceding year,
categorized by the ground for the action that was disposed of and
whether the action was disposed of by settlement or litigation to final
judgment, and the amount paid for actions within the respective
categories, and (4) such other information as may be requested, from
time to time, by the joint standing committee of the General Assembly
having cognizance of matters relating to the judiciary. The report shall
identify each action disposed of by payment of an amount exceeding
one hundred thousand dollars.
Sec. 5. Section 4-142b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
The Office of the Claims Commissioner shall maintain a permanent
office in Hartford County in such suitable space as the Commissioner
of Administrative Services provides. All papers required to be filed
with the Office of the Claims Commissioner shall be delivered to such
office. The Claims Commissioner may designate one or more
magistrates who shall be available to the Office of the Claims
Commissioner to hear [and determine claims] a claim and issue a Substitute House Bill No. 7343
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decision concerning the final disposition of a claim against the state, as
provided for in this chapter. The Claims Commissioner may appoint
any magistrate who is on the list of available magistrates maintained
by the Chief Court Administrator. [The Claims Commissioner shall be
solely responsible for making any decision concerning the final
disposition of a claim, provided any] A magistrate appointed by the
Claims Commissioner may review, [and hear a claim and] hear and
decide a claim, or make a recommendation to the Claims
Commissioner concerning the final disposition of a claim. The Claims
Commissioner shall establish such rules as he or she deems necessary
to provide for the appointment of a magistrate to hear and decide
matters pursuant to the provisions of this chapter. Such rules may
include limitations on the types of matters that may be heard and
decided by a magistrate and may provide for the issuance of a
recommendation by a magistrate concerning the final disposition of a
claim that is subject to review and approval by the Clai ms
Commissioner.