Connecticut 2019 Regular Session

Connecticut Senate Bill SB00912 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO 4415 \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00912-R01-
4		-	SB.docx
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	3	+	LCO No. 4415 1 of 2
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7	5		General Assembly Raised Bill No. 912
8	6		January Session, 2019
9	7		LCO No. 4415
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12	10		Referred to Committee on JUDICIARY
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15	13		Introduced by:
16	14		(JUD)
	15	+
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20	19		AN ACT CONCERNING TH E CLAIMS AGAINST THE STATE OF PAUL
21	20		DEMARIA.
22	21		Be it enacted by the Senate and House of Representatives in General
23	22		Assembly convened:
24	23
25	24		Section 1. (Effective from passage) (a) Notwithstanding the failure to 1
26	25		file a proper notice of a claim against the state with the clerk of the 2
27	26		Office of the Claims Commissioner, within the time limitations 3
28	27		specified by subsection (a) of section 4-148 of the general statutes, Paul 4
29	28		DeMaria, as administrator of the estate of Sarah DeMaria and in his 5
30	29		individual capacity, is authorized pursuant to the provisions of 6
31	30		subsection (b) of section 4-148 of the general statutes to present his 7
32	31		claims against the state to the Claims Commissioner. The General 8
33	32		Assembly finds that there is a public purpose served by encouraging 9
34	33		accountable state government through the full adjudication of cases 10
35	34		involving persons who claim to have been injured due to the conduct 11
36	35		of state actors. The General Assembly further finds it just and equitable 12
37	36		that the time limitations provided for in subsection (a) of section 4-148 13
38	37		of the general statutes be tolled in a case such as this, involving a 14
39	38		claimant who alleges failure on the part of one or more state actors to 15
40		-	detect the presence of malignant mesothelioma in Sarah DeMaria, the 16 Raised Bill No. 912
	39	+	detect the presence of malignant mesothelioma in Sarah DeMaria, the 16
	40	+	Raised Bill No. 912
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43		-	LCO 4415 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00912-
44		-	R01-SB.docx }
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	44	+	LCO No. 4415 2 of 2
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47	46		decedent spouse of Paul DeMaria. The General Assembly further finds 17
48	47		that such authorization remedies an injustice done to Sarah DeMaria 18
49	48		and Paul DeMaria for which the state itself bears responsibility. The 19
50	49		General Assembly deems such authorization to be just and equitable 20
51	50		and finds that such authorization is supported by compelling equitable 21
52	51		circumstances and would serve a public purpose. Claims authorized 22
53	52		pursuant to this act shall be presented to the Claims Commissioner not 23
54	53		later than one year after the effective date of this section. 24
55	54		(b) The state shall be barred from setting up the failure to comply 25
56	55		with the provisions of sections 4-147 and 4-148 of the general statutes, 26
57	56		from denying that notice of the claim was properly and timely given 27
58	57		pursuant to sections 4-147 and 4-148 of the general statutes and from 28
59	58		setting up the fact that the claim had once been considered by the 29
60	59		Claims Commissioner, by the General Assembly or in a judicial 30
61	60		proceeding as defenses to such claims. 31
62	61		This act shall take effect as follows and shall amend the following
63	62		sections:
64	63
65	64		Section 1 from passage New section
66	65
67		-	JUD Joint Favorable
	66	+	Statement of Purpose:
	67	+	To permit Paul DeMaria to present his claims against the state to the
	68	+	Claims Commissioner for a hearing on the merits of such claim.
	69	+
	70	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	71	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	72	+	not underlined.]
68	73