Connecticut 2021 Regular Session

Connecticut House Bill HB05936 Compare Versions

Only one version of the bill is available at this time.
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33 LCO No. 2175 1 of 2
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55 General Assembly Proposed Bill No. 5936
66 January Session, 2021
77 LCO No. 2175
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1010 Referred to Committee on JUDICIARY
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1313 Introduced by:
1414 REP. DEVLIN, 134th Dist.
1515 REP. TURCO, 27th Dist.
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2020 AN ACT CONCERNING DAMAGES INCURRED BY A PROPERTY
2121 OWNER DUE TO FALLING TREES OR TREE LIMBS FROM
2222 NEIGHBORING PROPERTY THAT IS OWNED BY THE STATE.
2323 Be it enacted by the Senate and House of Representatives in General
2424 Assembly convened:
2525
2626 That the general statutes be amended to: (1) Create a statutory 1
2727 assumption of liability by the state in the case of a state-owned tree 2
2828 falling in whole or in part onto private property with such liability being 3
2929 limited to the actual costs of removal by a licensed arborist; (2) create an 4
3030 exception in section 4-142 of the general statutes to the jurisdiction of 5
3131 the Office of the Claims Commissioner for requests from licensed 6
3232 arborists for reimbursement for the actual costs of removing a tree 7
3333 located on state property that has fallen in whole or in part on private 8
3434 property; (3) allow licensed arborists performing such tree removal 9
3535 work to directly submit a claim for reimbursement to the state 10
3636 Department of Transportation; and (4) require the state Department of 11
3737 Transportation to revise its Vegetation Management Guidelines to 12
3838 reflect the updated state policy that the state bears responsibility for the 13
3939 costs associated with the removal of fallen state-owned trees. 14 Proposed Bill No. 5936
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4242 LCO No. 2175 2 of 2
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4444 Statement of Purpose:
4545 To ensure the state assumes liability for damages caused by state-owned
4646 trees that have fallen on private property and to eliminate the out-of-
4747 pocket removal costs by owners of private property to remove such
4848 state-owned trees.