Connecticut 2021 Regular Session

Connecticut House Bill HB06506 Compare Versions

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	7	+	General Assembly Substitute Bill No. 6506
	8	+	January Session, 2021
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4		-	Substitute House Bill No. 6506
5		-
6		-	Public Act No. 21-91
7		-
8		-
9		-	AN ACT CONCERNING THE PROCEDURES OF THE OFFICE OF
10		-	THE CLAIMS COMMISSIONER.
	12	+	AN ACT CONCERNING TH E PROCEDURES OF THE OFFICE OF THE
	13	+	CLAIMS COMMISSIONER.
11	14		Be it enacted by the Senate and House of Representatives in General
12	15		Assembly convened:
13	16
14		-	Section 1. Section 4-142 of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective from passage):
16		-	(a) There shall be an Office of the Claims Commissioner which shall
17		-	hear and determine all claims against the state except: (1) Claims for the
18		-	periodic payment of disability, pension, retirement or other
19		-	employment benefits; (2) claims upon which suit otherwise is
20		-	authorized by law including suits to recover similar relief arising from
21		-	the same set of facts; (3) claims for which an administrative hearing
22		-	procedure otherwise is established by law; (4) requests by political
23		-	subdivisions of the state for the payment of grants in lieu of taxes; and
24		-	(5) claims for the refund of taxes.
25		-	(b) The Office of the Claims Commissioner shall consist of the Claims
26		-	Commissioner, six temporary deputies and such administrative staff as
27		-	may be provided by the Department of Administrative Services. The
28		-	Claims Commissioner, a temporary deputy or a magistrate assigned to
29		-	assist the Claims Commissioner pursuant to section 4-142b shall hear
30		-	and determine all claims against the state, except as otherwise provided Substitute House Bill No. 6506
	17	+	Section 1. Section 4-141 of the general statutes is repealed and the 1
	18	+	following is substituted in lieu thereof (Effective from passage): 2
	19	+	As used in this chapter: 3
	20	+	(1) "Affidavit attesting to the validity of a claim" means the affidavit 4
	21	+	referred to under section 4-160, as amended by this act; 5
	22	+	[(1)] (2) "Claim" means a petition for the payment or refund of money 6
	23	+	by the state or for permission to sue the state; 7
	24	+	[(2)] (3) "Just claim" means a claim which in equity and justice the 8
	25	+	state should pay, provided the state has caused damage or injury or has 9
	26	+	received a benefit; 10
	27	+	[(3)] (4) "Person" means any individual, firm, partnership, 11
	28	+	corporation, limited liability company, association or other group, 12
	29	+	including political subdivisions of the state; 13
	30	+	[(4)] (5) "State agency" includes every department, division, board, 14
	31	+	office, commission, arm, agency and institution of the state government, 15
	32	+	whatever its title or function; and 16 Substitute Bill No. 6506
31	33
32		-	Public Act No. 21-91 2 of 14
33	34
34		-	in subsection (a) of this section. Such claims shall be heard and
35		-	determined in accordance with the rules prescribed by the Claims
36		-	Commissioner pursuant to section 4-157, except as may be provided in
37		-	section 4-160, as amended by this act.
38		-	Sec. 2. Section 4-142a of the general statutes is repealed and the
39		-	following is substituted in lieu thereof (Effective from passage):
40		-	(a) (1) The Claims Commissioner shall be appointed by the Governor
41		-	with the advice and consent of the General Assembly to serve for a term
42		-	of four years from the first day in July in the year of his or her
43		-	appointment and until his or her successor has been appointed and has
44		-	qualified. The Claims Commissioner shall be an attorney-at-law and
45		-	shall have been admitted to practice before the courts of the state of
46		-	Connecticut for at least five years prior to his or her appointment. The
47		-	Claims Commissioner serving on the effective date of this section may
48		-	continue to serve until the expiration of his or her term. On and after the
49		-	effective date of this section, each nomination for appointment as
50		-	Claims Commissioner by the Governor shall be referred, without
51		-	debate, to the joint standing committee of the General Assembly having
52		-	cognizance of matters relating to the judiciary which shall report on each
53		-	appointment not later than thirty days after the date of reference. Each
54		-	appointment by the General Assembly of the Claims Commissioner
55		-	shall be by concurrent resolution.
56		-	(2) The Claims Commissioner shall receive such compensation as is
57		-	fixed under the provisions of section 4-40. The Claims Commissioner
58		-	may enter into such contractual agreements, in accordance with
59		-	established procedures, as may be necessary for the discharge of his or
60		-	her duties. Subject to the provisions of section 4-32, and unless otherwise
61		-	provided by law, the Claims Commissioner is authorized to receive any
62		-	money, revenue or services from the federal government, corporations,
63		-	associations or individuals, including payments from the sale of printed
64		-	matter or any other materials or services. Substitute House Bill No. 6506
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	39	+	[(5)] (6) "State officers and employees" includes (A) every person 17
	40	+	elected or appointed to or employed in any office, position or post in the 18
	41	+	state government, whatever such person's title, classification or function 19
	42	+	and whether such person serves with or without remuneration or 20
	43	+	compensation, including judges of probate courts, employees of such 21
	44	+	courts and special limited conservators appointed by such courts 22
	45	+	pursuant to section 17a-543a, and (B) attorneys appointed as victim 23
	46	+	compensation commissioners, attorneys appointed by the Public 24
	47	+	Defender Services Commission as public defenders, assistant public 25
	48	+	defenders or deputy assistant public defenders and attorneys appointed 26
	49	+	by the court as Division of Public Defender Services assigned counsel, 27
	50	+	individuals appointed by the Public Defender Services Commission, or 28
	51	+	by the court, as a guardian ad litem or attorney for a party in a neglect, 29
	52	+	abuse, termination of parental rights, delinquency or family with service 30
	53	+	needs proceeding, the Attorney General, the Deputy Attorney General 31
	54	+	and any associate attorney general or assistant attorney general, any 32
	55	+	other attorneys employed by any state agency, any commissioner of the 33
	56	+	Superior Court hearing small claims matters or acting as a fact-finder, 34
	57	+	arbitrator or magistrate or acting in any other quasi-judicial position, 35
	58	+	any person appointed to a committee established by law for the purpose 36
	59	+	of rendering services to the Judicial Department, including, but not 37
	60	+	limited to, the Legal Specialization Screening Committee, the State-38
	61	+	Wide Grievance Committee, the Client Security Fund Committee, the 39
	62	+	advisory committee appointed pursuant to section 51-81d and the State 40
	63	+	Bar Examining Committee, any member of a multidisciplinary team 41
	64	+	established by the Commissioner of Children and Families pursuant to 42
	65	+	section 17a-106a, the Municipal Electric Consumer Advocate selected 43
	66	+	pursuant to section 7-121f, the Independent Consumer Advocate 44
	67	+	selected pursuant to section 7-334a, and any physicians or psychologists 45
	68	+	employed by any state agency. "State officers and employees" does not 46
	69	+	include any medical or dental intern, resident or fellow of The 47
	70	+	University of Connecticut when (i) the intern, resident or fellow is 48
	71	+	assigned to a hospital affiliated with the university through an 49
	72	+	integrated residency program, and (ii) such hospital provides protection 50
	73	+	against professional liability claims in an amount and manner 51 Substitute Bill No. 6506
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68		-	(b) The Office of the Claims Commissioner shall be within the
69		-	Department of Administrative Services, provided the office shall have
70		-	independent decision-making authority.
71		-	(c) (1) The Governor shall appoint six temporary deputies to serve in
72		-	the Office of the Claims Commissioner. A temporary deputy shall be an
73		-	attorney-at-law who has experience practicing law before the courts of
74		-	the state of Connecticut and has trial experience. A temporary deputy
75		-	may not be an employee of the office of the Attorney General or have a
76		-	claim pending before the Claims Commissioner, either as a claimant or
77		-	as an attorney appearing on behalf of a claimant. Each temporary
78		-	deputy shall serve at the pleasure of the Governor, for a term
79		-	coterminous with the Governor, or until a successor is appointed and
80		-	qualified, whichever is longer, provided no temporary deputy may be
81		-	appointed or serve in such position on or after October 1, 2023.
82		-	(2) A temporary deputy shall receive, for each day of service, the
83		-	same compensation as paid to a judge trial referee under subdivision (1)
84		-	of subsection (f) of section 52-434 for each day of service by such referee.
85		-	(3) Each temporary deputy shall have decision-making authority to
86		-	issue a final decision to grant or deny permission to sue for each claim
87		-	referred to such deputy under the provisions of subsection (b) or (c) of
88		-	section 4-160, as amended by this act.
89		-	Sec. 3. Section 4-147 of the general statutes is repealed and the
90		-	following is substituted in lieu thereof (Effective from passage):
91		-	Any person wishing to present a claim against the state shall file with
92		-	the Office of the Claims Commissioner a notice of claim, in duplicate,
93		-	containing the following information: (1) The name and address of the
94		-	claimant; the name and address of his principal, if the claimant is acting
95		-	in a representative capacity, and the name and address of his attorney,
96		-	if the claimant is so represented; (2) a concise statement of the basis of Substitute House Bill No. 6506
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100		-	the claim, including the date, time, place and circumstances of the act or
101		-	event complained of; (3) a statement of the amount requested; and (4) a
102		-	request for permission to sue the state, if such permission is sought. A
103		-	claim exclusively setting forth a request for permission to sue the state
104		-	may be accompanied by supporting evidence, including, but not limited
105		-	to, transcripts, records, documents, reports, affidavits or memoranda. A
106		-	notice of claim, if sent by mail, shall be deemed to have been filed with
107		-	the Office of the Claims Commissioner on the date such notice of claim
108		-	is postmarked. Claims in excess of five thousand dollars shall be
109		-	accompanied by a check or money order in the sum of fifty dollars
110		-	payable to the Treasurer, state of Connecticut. Claims for five thousand
111		-	dollars or less shall be accompanied by a check or money order in the
112		-	sum of twenty-five dollars payable to the Treasurer, state of
113		-	Connecticut. Except as provided in section 4-165b, fees may be waived
114		-	by the Claims Commissioner for good cause but such action by the
115		-	Claims Commissioner shall not relieve the claimant from the obligation
116		-	of filing the notice of claim in timely fashion within the statute of
117		-	limitations under section 4-148. The Office of the Claims Commissioner
118		-	shall promptly deliver a copy of the notice of claim to the Attorney
119		-	General. Such notice shall be for informational purposes only and shall
120		-	not be subject to any formal or technical requirements, except as may be
121		-	necessary for clarity of presentation and facility of understanding.
122		-	Sec. 4. Subsection (b) of section 4-158 of the general statutes is
123		-	repealed and the following is substituted in lieu thereof (Effective from
124		-	passage):
125		-	(b) Any person who has filed a claim for more than fifty thousand
126		-	dollars may request the General Assembly to review a decision of the
127		-	Claims Commissioner (1) ordering the denial or dismissal of the claim
128		-	pursuant to subdivision (1) of subsection (a) of this section, including
129		-	denying or dismissing a claim that requests permission to sue the state,
130		-	or (2) ordering immediate payment of a just claim in an amount not Substitute House Bill No. 6506
	80	+	equivalent to that provided by the hospital to its full-time physician 52
	81	+	employees. 53
	82	+	Sec. 2. Section 4-147 of the general statutes is repealed and the 54
	83	+	following is substituted in lieu thereof (Effective from passage): 55
	84	+	Any person wishing to present a claim against the state shall file with 56
	85	+	the Office of the Claims Commissioner a notice of claim, in duplicate, 57
	86	+	containing the following information: (1) The name and address of the 58
	87	+	claimant; the name and address of his principal, if the claimant is acting 59
	88	+	in a representative capacity, and the name and address of his attorney, 60
	89	+	if the claimant is so represented; (2) a concise statement of the basis of 61
	90	+	the claim, including the date, time, place and circumstances of the act or 62
	91	+	event complained of; (3) a statement of the amount requested; and (4) a 63
	92	+	request for permission to sue the state, if such permission is sought. A 64
	93	+	claim exclusively setting forth a request for permission to sue the state 65
	94	+	may be accompanied by supporting evidence, including, but not limited 66
	95	+	to, records, documents, reports, affidavits or memoranda. A notice of 67
	96	+	claim, if sent by mail, shall be deemed to have been filed with the Office 68
	97	+	of the Claims Commissioner on the date such notice of claim is 69
	98	+	postmarked. Claims in excess of five thousand dollars shall be 70
	99	+	accompanied by a check or money order in the sum of fifty dollars 71
	100	+	payable to the Treasurer, state of Connecticut. Claims for five thousand 72
	101	+	dollars or less shall be accompanied by a check or money order in the 73
	102	+	sum of twenty-five dollars payable to the Treasurer, state of 74
	103	+	Connecticut. Except as provided in section 4-165b, fees may be waived 75
	104	+	by the Claims Commissioner for good cause but such action by the 76
	105	+	Claims Commissioner shall not relieve the claimant from the obligation 77
	106	+	of filing the notice of claim in timely fashion within the statute of 78
	107	+	limitations under section 4-148. The Office of the Claims Commissioner 79
	108	+	shall promptly deliver a copy of the notice of claim to the Attorney 80
	109	+	General. Such notice shall be for informational purposes only and shall 81
	110	+	not be subject to any formal or technical requirements, except as may be 82
	111	+	necessary for clarity of presentation and facility of understanding. 83
	112	+	Sec. 3. Subsection (a) of section 4-159a of the general statutes is 84 Substitute Bill No. 6506
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134		-	exceeding thirty-five thousand dollars pursuant to subdivision (2) of
135		-	subsection (a) of this section. A person who has filed a claim that has
136		-	been denied or dismissed by a temporary deputy pursuant to subsection
137		-	(d) of section 4-160, as amended by this act, may request the General
138		-	Assembly to review such denial or dismissal. A request for review shall
139		-	be in writing and filed with the Office of the Claims Commissioner not
140		-	later than twenty days after the date the person requesting such review
141		-	receives a copy of the decision. The filing of a request for review shall
142		-	automatically stay the decision of the Claims Commissioner or
143		-	temporary deputy.
144		-	Sec. 5. Subsections (a) and (b) of section 4-159 of the general statutes
145		-	are repealed and the following is substituted in lieu thereof (Effective
146		-	from passage):
147		-	(a) Not later than five days after the convening of each regular session
148		-	and at such other times as the speaker of the House of Representatives
149		-	and president pro tempore of the Senate may desire, the Office of the
150		-	Claims Commissioner shall submit to the General Assembly (1) all
151		-	claims for which the Claims Commissioner or a magistrate
152		-	recommended payment of a just claim in an amount exceeding thirty-
153		-	five thousand dollars pursuant to subdivision (3) of subsection (a) of
154		-	section 4-158, and (2) all claims for which a request for review has been
155		-	filed pursuant to subsection (b) of section 4-158, as amended by this act,
156		-	together with a copy of the Claims Commissioner's, [or] the magistrate's
157		-	or the temporary deputy's findings and the hearing record, if any, of
158		-	each claim so reported.
159		-	(b) The General Assembly shall:
160		-	(1) With respect to a decision of the Claims Commissioner ordering
161		-	the denial or dismissal of a claim pursuant to subdivision (1) of
162		-	subsection (a) of section 4-158 or a decision of a temporary deputy
163		-	ordering the denial or dismissal of a claim pursuant to subsection (d) of Substitute House Bill No. 6506
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	119	+	repealed and the following is substituted in lieu thereof (Effective from 85
	120	+	passage): 86
	121	+	(a) Not later than five days after the convening of each regular 87
	122	+	session, the Office of the Claims Commissioner shall report to the 88
	123	+	General Assembly on all claims that have been filed with the Office of 89
	124	+	the Claims Commissioner pursuant to section 4-147 and have not been 90
	125	+	disposed of by the Office of the Claims Commissioner within two years 91
	126	+	of the date of filing or within any extension thereof granted by the 92
	127	+	General Assembly pursuant to subsection (c) of this section or deemed 93
	128	+	granted pursuant to subsection (b) of section 4-160, as amended by this 94
	129	+	act, except claims in which the parties have stipulated to an extension of 95
	130	+	time for the Office of the Claims Commissioner to dispose of the claim. 96
	131	+	Sec. 4. Section 4-160 of the general statutes is repealed and the 97
	132	+	following is substituted in lieu thereof (Effective from passage): 98
	133	+	(a) Whenever the Claims Commissioner deems it just and equitable, 99
	134	+	the Claims Commissioner may authorize suit against the state on any 100
	135	+	claim which, in the opinion of the Claims Commissioner, presents an 101
	136	+	issue of law or fact under which the state, were it a private person, could 102
	137	+	be liable. [Whenever a person files a claim that exclusively seeks 103
	138	+	permission to sue the state, the Claims Commissioner may hold a 104
	139	+	hearing on the sole issue of the state's liability. During such hearing, the 105
	140	+	state may present as an affirmative defense the claimant's lack of 106
	141	+	damages. The Claims Commissioner may prescribe rules pursuant to 107
	142	+	section 4-157 concerning a hearing that is held solely to address the 108
	143	+	state's liability under this subsection.] The claims commissioner may 109
	144	+	grant permission for a claim that exclusively seeks permission to sue the 110
	145	+	state based solely on the notice of claim or any supporting evidence 111
	146	+	submitted pursuant to section 4-147, as amended by this act, or both, 112
	147	+	without holding a hearing, upon the filing by the attorney or pro se 113
	148	+	claimant of (1) a motion for approval to assert a claim without a hearing, 114
	149	+	requesting a ruling based solely on the notice of the claim and any 115
	150	+	supporting evidence submitted under the provisions of this chapter, 116
	151	+	and (2) an affidavit attesting to the validity of a claim. Such affidavit, 117 Substitute Bill No. 6506
166	152
167		-	section 4-160, as amended by this act:
168		-	(A) Confirm the decision; or
169		-	(B) Vacate the decision and, in lieu thereof, (i) order the payment of
170		-	the claim in a specified amount, or (ii) authorize the claimant to sue the
171		-	state;
172		-	(2) With respect to a decision of the Claims Commissioner ordering
173		-	the immediate payment of a just claim in an amount not exceeding
174		-	thirty-five thousand dollars pursuant to subdivision (2) of subsection (a)
175		-	of section 4-158:
176		-	(A) Confirm the decision;
177		-	(B) Modify the decision by ordering that a different amount be paid;
178		-	or
179		-	(C) Vacate the decision and, in lieu thereof, (i) order no payment be
180		-	made, or (ii) authorize the claimant to sue the state;
181		-	(3) With respect to a decision of the Claims Commissioner
182		-	recommending payment of a just claim in an amount exceeding thirty-
183		-	five thousand dollars pursuant to subdivision (3) of subsection (a) of
184		-	section 4-158:
185		-	(A) Accept the recommendation and order payment of the specified
186		-	amount;
187		-	(B) Modify the recommendation by ordering that a different amount
188		-	be paid; or
189		-	(C) Reject the recommendation and, in lieu thereof, (i) order no
190		-	payment be made, or (ii) authorize the claimant to sue the state; or
191		-	(4) With respect to a decision of the Claims Commissioner pursuant Substitute House Bill No. 6506
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195		-	to subdivision (1), (2) or (3) of subsection (a) of section 4-158, or a
196		-	decision of a temporary deputy pursuant to subsection (d) of section 4-
197		-	160, as amended by this act, remand the claim to the Office of the Claims
198		-	Commissioner for such further proceedings as the General Assembly
199		-	may direct.
200		-	Sec. 6. Section 4-160 of the general statutes is repealed and the
201		-	following is substituted in lieu thereof (Effective from passage):
202		-	(a) Whenever the Claims Commissioner deems it just and equitable,
203		-	the Claims Commissioner may authorize suit against the state on any
204		-	claim which, in the opinion of the Claims Commissioner, presents an
205		-	issue of law or fact under which the state, were it a private person, could
206		-	be liable. [Whenever a person files a claim that exclusively seeks
207		-	permission to sue the state, the Claims Commissioner may hold a
208		-	hearing on the sole issue of the state's liability. During such hearing, the
209		-	state may present as an affirmative defense the claimant's lack of
210		-	damages. The Claims Commissioner may prescribe rules pursuant to
211		-	section 4-157 concerning a hearing that is held solely to address the
212		-	state's liability under this subsection.] The Claims Commissioner may
213		-	grant permission to sue for a claim that exclusively seeks permission to
214		-	sue the state based solely on the notice of claim or any supporting
215		-	evidence submitted pursuant to section 4-147, as amended by this act,
216		-	or both, without holding a hearing, upon the filing by the attorney or
217		-	pro se claimant of (1) a motion for approval to assert a claim without a
218		-	hearing, requesting a ruling based solely on the notice of the claim and
219		-	any supporting evidence submitted under the provisions of this chapter,
220		-	and (2) an affidavit attesting to the validity of a claim. Such affidavit,
221		-	shall be signed, notarized and filed by both the attorney and claimant or
222		-	a pro se claimant, attesting to the following, in the following form: "I
223		-	have made a reasonable inquiry, as permitted by the circumstances,
224		-	which has given rise to a good faith belief that grounds exist for a suit
225		-	against the state. Such inquiry includes, (provide a brief description of Substitute House Bill No. 6506
	158	+	shall be signed and filed by both the attorney and claimant or a pro se 118
	159	+	claimant, attesting to the following, in the following form: "I have made 119
	160	+	a reasonable inquiry, as permitted by the circumstances, which has 120
	161	+	given rise to a good faith belief that grounds exist for a suit against the 121
	162	+	state. Such inquiry includes, (provide a brief description of the inquiry 122
	163	+	made)". Any notice of opposition filed by the Attorney General or a state 123
	164	+	agency or department pursuant to section 4-149 in response to a claim 124
	165	+	that exclusively seeks permission to sue the state shall be limited to 125
	166	+	opposition of the claim based solely on jurisdictional grounds or 126
	167	+	prosecutorial, judicial, quasi-judicial or legislative immunity. 127
	168	+	(b) Except for claims in which an uncontested dispositive motion is 128
	169	+	pending, any claim exclusively requesting permission to sue the state 129
	170	+	that was filed on or before January 1, 2019, and is not disposed of by the 130
	171	+	Office of the Claims Commissioner, shall be deemed to have been 131
	172	+	granted by the Claims Commissioner, and authorization to sue the state 132
	173	+	shall become effective in accordance with the provisions of this 133
	174	+	subsection. 134
	175	+	(1) Any such claim that was filed with the Office of the Claims 135
	176	+	Commissioner on or before January 1, 2016, and remains pending with 136
	177	+	the Office of the Claims Commissioner as of the effective date of this 137
	178	+	section, shall be deemed to have been granted by the Claims 138
	179	+	Commissioner and authorization to sue the state shall be effective as of 139
	180	+	the effective date of this section. 140
	181	+	(2) Any such claim that was filed with the Office of the Claims 141
	182	+	Commissioner on or before January 1, 2017, and remains pending with 142
	183	+	the Office of the Claims Commissioner as of October 1, 2021, shall be 143
	184	+	deemed to have been granted by the Claims Commissioner and 144
	185	+	authorization to sue the state shall be effective as of October 1, 2021. 145
	186	+	(3) Any such claim that was filed with the Office of the Claims 146
	187	+	Commissioner on or before January 1, 2019, and remains pending with 147
	188	+	the Office of the Claims Commissioner as of December 31, 2021, shall be 148
	189	+	deemed to have been granted by the Claims Commissioner and 149 Substitute Bill No. 6506
226	190
227		-	Public Act No. 21-91 8 of 14
228	191
229		-	the inquiry made)". The claimant shall serve any motion for approval
230		-	and affidavit on the office of the Attorney General and any state agency
231		-	that is a subject of the claim. The state may file an opposition to the
232		-	motion for approval and the affidavit not later than thirty days after
233		-	such service of the motion and affidavit. Such opposition shall be
234		-	limited to opposition of the claim based solely on jurisdictional grounds,
235		-	including pursuant to section 4-142, as amended by this act, or
236		-	subsection (a) of section 4-148, or prosecutorial, judicial, quasi-judicial
237		-	or legislative immunity.
238		-	(b) Any claim exclusively requesting permission to sue the state that
239		-	was filed more than three years prior to the effective date of this section
240		-	that has not been disposed of by the Office of the Claims Commissioner,
241		-	shall be referred to a temporary deputy for proceedings in accordance
242		-	with subsection (d) of this section, unless the claimant expressly states
243		-	the desire to have his or her claim remain before the Claims
244		-	Commissioner.
245		-	(c) On and after July 1, 2022, if a claim exclusively requesting
246		-	permission to sue the state remains pending with the Office of the
247		-	Claims Commissioner eighteen months after such claim was filed with
248		-	the office, a claimant may file a notice indicating the passage of such
249		-	eighteen months with the Attorney General, the Governor and the joint
250		-	standing committee of the General Assembly having cognizance of
251		-	matters relating to the judiciary. The Claims Commissioner shall issue a
252		-	decision on such claim not later than ninety days after the filing of such
253		-	notice. If the Claims Commissioner does not issue a decision during
254		-	such ninety-day period, the claim shall be referred to a temporary
255		-	deputy for proceedings in accordance with subsection (d) of this section,
256		-	provided no claim may be referred to a temporary deputy on or after
257		-	July 1, 2023. The provisions of this subsection shall not apply to a claim
258		-	in which the parties have stipulated to an extension of time for the Office
259		-	of the Claims Commissioner to dispose of the claim. Substitute House Bill No. 6506
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260	195
261		-	Public Act No. 21-91 9 of 14
	196	+	authorization to sue the state shall be effective as of December 31, 2021. 150
	197	+	(c) Any claim exclusively requesting permission to sue the state that 151
	198	+	remains pending with the Office of the Claims Commissioner for 152
	199	+	twenty-four months or longer as of July 1, 2022, shall be deemed granted 153
	200	+	upon the filing of an affidavit attesting to the validity of a claim with the 154
	201	+	Office of the Claims Commissioner. 155
	202	+	(d) On and after July 1, 2022, any claim exclusively requesting 156
	203	+	permission to sue the state that remains pending with the Office of the 157
	204	+	Claims Commissioner for twenty-four months shall be deemed granted 158
	205	+	upon the filing of an affidavit attesting to the validity of a claim with the 159
	206	+	Office of the Claims Commissioner. The provisions of this subsection 160
	207	+	shall not apply to a claim in which the parties have stipulated to an 161
	208	+	extension of time for the Office of the Claims Commissioner to dispose 162
	209	+	of the claim. 163
	210	+	(e) When a claim exclusively seeking permission to sue the state is 164
	211	+	not contested by the state, permission to sue the state shall be deemed 165
	212	+	granted upon the filing with the Office of the Claims Commissioner of 166
	213	+	a stipulation signed by the Attorney General authorizing permission to 167
	214	+	sue the state. 168
	215	+	[(b)] (f) In any claim alleging malpractice against the state, a state 169
	216	+	hospital or against a physician, surgeon, dentist, podiatrist, chiropractor 170
	217	+	or other licensed health care provider employed by the state, the 171
	218	+	attorney or pro se party filing the claim may submit a certificate of good 172
	219	+	faith to the Office of the Claims Commissioner in accordance with 173
	220	+	section 52-190a. If such a certificate is submitted, [the Claims 174
	221	+	Commissioner shall authorize suit against the state on such claim] 175
	222	+	permission to sue the state shall be deemed granted by the Claims 176
	223	+	Commissioner upon the filing of the certificate of good faith with the 177
	224	+	Office of the Claims Commissioner. In lieu of filing a notice of claim 178
	225	+	pursuant to section 4-147, as amended by this act, a claimant may 179
	226	+	commence a medical malpractice action against the state prior to the 180
	227	+	expiration of the limitation period set forth in section 4-148 and 181 Substitute Bill No. 6506
262	228
263		-	(d) (1) If a claim is referred to a temporary deputy under subsection
264		-	(b) or (c) of this section, such temporary deputy shall review the notice
265		-	of claim, the state's notice of opposition and any discovery or other
266		-	supporting evidence, and may, if the temporary deputy deems it
267		-	necessary, hold a conference with the parties using telephonic or video
268		-	conferencing technology. Consideration of the state's opposition to such
269		-	claims shall be limited to jurisdictional grounds or prosecutorial,
270		-	judicial, quasi-judicial or legislative immunity. The temporary deputy
271		-	shall make a determination to deny or dismiss a claim or authorize a
272		-	claimant to sue the state, not later than ninety days after the claim is
273		-	referred to such temporary deputy. A temporary deputy shall authorize
274		-	suit against the state if the claim, in the opinion of the temporary deputy,
275		-	presents an issue of law or fact under which the state, were it a private
276		-	person, could be liable. If the resolution of the state's opposition to the
277		-	claim is based on a dispute of a material fact, the temporary deputy shall
278		-	grant permission to sue the state and preserve the state's right to pursue
279		-	such defense in court.
280		-	(2) A temporary deputy shall make a finding of fact for each claim
281		-	and file such finding with the order or authorization disposing of the
282		-	claim with the Claims Commissioner. The temporary deputy shall
283		-	deliver a copy of such finding and order or authorization to the claimant
284		-	and to the representative for the state, which representative may in
285		-	appropriate cases be the Attorney General.
286		-	(e) A claimant exclusively seeking permission to sue the state shall be
287		-	deemed to have been granted permission to sue the state by the Claims
288		-	Commissioner if the Attorney General files with the Office of the Claims
289		-	Commissioner a signed stipulation authorizing permission to sue the
290		-	state for a particular claim of the claimant.
291		-	[(b)] (f) In any claim alleging malpractice against the state, a state
292		-	hospital or against a physician, surgeon, dentist, podiatrist, chiropractor
293		-	or other licensed health care provider employed by the state, the Substitute House Bill No. 6506
294	229
295		-	Public Act No. 21-91 10 of 14
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296	233
297		-	attorney or pro se party filing the claim may submit a certificate of good
298		-	faith to the Office of the Claims Commissioner in accordance with
299		-	section 52-190a. If such a certificate is submitted, [the Claims
300		-	Commissioner shall authorize suit against the state on such claim]
301		-	permission to sue the state shall be deemed granted by the Claims
302		-	Commissioner (1) upon the effective date of this section, if the certificate
303		-	has been filed with the Claims Commissioner prior to the effective date
304		-	of this section, or (2) upon the filing of the certificate with the Office of
305		-	the Claims Commissioner, if such certificate is filed on or after the
306		-	effective date or this section. In lieu of filing a notice of claim pursuant
307		-	to section 4-147, as amended by this act, a claimant may commence a
308		-	medical malpractice action against the state prior to the expiration of the
309		-	limitation period set forth in section 4-148 and authorization for such
310		-	action against the state shall be deemed granted. Any such action shall
311		-	be limited to medical malpractice claims only and any such action shall
312		-	be deemed a suit otherwise authorized by law in accordance with
313		-	subsection (a) of section 4-142, as amended by this act. The provisions
314		-	of this subsection shall apply to any claim alleging malpractice against
315		-	the state that was timely filed with the Claims Commissioner and
316		-	remains pending with said commissioner, regardless of whether such
317		-	claim was filed before, on or after October 1, 2019.
318		-	(g) After completion of discovery in a suit filed in the Superior Court
319		-	after receiving permission to sue the state on the basis of an affidavit
320		-	attesting to the validity of a claim filed in accordance with subsection (a)
321		-	of this section, if the court determines that such affidavit was not made
322		-	in good faith, that no justiciable issue was presented against the state
323		-	and that the state cooperated in good faith with the claimant by
324		-	providing informal discovery, the court, upon motion or on its own
325		-	initiative, shall impose upon the attorney and claimant or pro se
326		-	claimant who signed such affidavit an appropriate sanction, which may
327		-	include an order to pay to the state the reasonable expenses incurred by
328		-	the state because of the filing of the suit. The court may also submit the Substitute House Bill No. 6506
	234	+	authorization for such action against the state shall be deemed granted. 182
	235	+	Any such action shall be limited to medical malpractice claims only and 183
	236	+	any such action shall be deemed a suit otherwise authorized by law in 184
	237	+	accordance with subsection (a) of section 4-142. 185
	238	+	(g) After completion of discovery in a suit filed in the Superior Court 186
	239	+	after receiving permission to sue the state on the basis of an affidavit 187
	240	+	attesting to the validity of a claim filed in accordance with subsection 188
	241	+	(a), (c) or (d) of this section, if the court determines that such affidavit 189
	242	+	was not made in good faith, that no justiciable issue was presented 190
	243	+	against the state and that the state cooperated in good faith with the 191
	244	+	claimant by providing informal discovery, the court, upon motion or on 192
	245	+	its own initiative, shall impose upon the attorney and claimant or pro se 193
	246	+	claimant who signed such affidavit an appropriate sanction, which may 194
	247	+	include an order to pay to the state the reasonable expenses incurred by 195
	248	+	the state because of the filing of the suit. The court may also submit the 196
	249	+	matter to the appropriate authority for disciplinary review of any 197
	250	+	attorney who submitted the affidavit. 198
	251	+	[(c)] (h) (1) In each action authorized by the Claims Commissioner or 199
	252	+	any action where permission to sue the state has been deemed to have 200
	253	+	been granted by the Claims Commissioner pursuant to subsection (a) 201
	254	+	[or (b)] to (e), inclusive, of this section or by the General Assembly 202
	255	+	pursuant to section 4-159 or 4-159a, as amended by this act, the claimant 203
	256	+	shall allege such authorization or permission and the date on which it 204
	257	+	was granted, except that evidence of such authorization or permission 205
	258	+	shall not be admissible in such action as evidence of the state's liability. 206
	259	+	[The] Except as provided in subdivision (2) of this subsection, (1) the 207
	260	+	state waives its immunity from liability and from suit in each such 208
	261	+	action and waives all defenses which might arise from the eleemosynary 209
	262	+	or governmental nature of the activity complained of, [. The] and (2) the 210
	263	+	rights and liability of the state in each such action shall be coextensive 211
	264	+	with and shall equal the rights and liability of private persons in like 212
	265	+	circumstances. 213
	266	+	(2) In each action in which suit is authorized pursuant to subsections 214 Substitute Bill No. 6506
329	267
330		-	Public Act No. 21-91 11 of 14
331	268
332		-	matter to the appropriate authority for disciplinary review of any
333		-	attorney who submitted the affidavit.
334		-	[(c)] (h) In each action authorized by the Claims Commissioner or a
335		-	temporary deputy, or any action where permission to sue the state has
336		-	been deemed to have been granted by the Claims Commissioner,
337		-	pursuant to [subsection (a) or (b)] subsections (a) to (f), inclusive, of this
338		-	section or by the General Assembly pursuant to section 4-159, as
339		-	amended by this act, or 4-159a, the claimant shall allege such
340		-	authorization or permission and the date on which it was granted,
341		-	except that evidence of such authorization or permission shall not be
342		-	admissible in such action as evidence of the state's liability. [The] Except
343		-	as provided in subsection (d) of this section, (1) the state waives its
344		-	immunity from liability and from suit in each such action and waives all
345		-	defenses which might arise from the eleemosynary or governmental
346		-	nature of the activity complained of, [. The] and (2) the rights and
347		-	liability of the state in each such action shall be coextensive with and
348		-	shall equal the rights and liability of private persons in like
349		-	circumstances.
350		-	[(d)] (i) No such action shall be brought but within one year from
351		-	the date such authorization becomes effective or permission to sue is
352		-	granted, whichever date is later. With respect to any claim presented to
353		-	the Office of the Claims Commissioner for which authorization or
354		-	permission to sue is granted, any statute of limitation applicable to
355		-	such action shall be tolled until the date such authorization or
356		-	permission to sue is granted. The claimant shall bring such action
357		-	against the state as party defendant in the judicial district in which the
358		-	claimant resides or, if the claimant is not a resident of this state, in the
359		-	judicial district of Hartford or in the judicial district in which the claim
360		-	arose.
361		-	[(e)] (j) Civil process directed against the state shall be served as
362		-	provided by section 52-64. Substitute House Bill No. 6506
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363	272
364		-	Public Act No. 21-91 12 of 14
	273	+	(b) to (d), inclusive, of this section, sovereign immunity is waived 215
	274	+	subject to the state having the ability to raise prosecutorial, judicial, 216
	275	+	quasi-judicial or legislative immunity or any jurisdictional defense that 217
	276	+	otherwise could have been raised at the Office of the Claims 218
	277	+	Commissioner. Any such defense shall not implicate the subject matter 219
	278	+	jurisdiction of the court. No such action authorized, pursuant to 220
	279	+	subsections (b) to (d), inclusive, of this section, shall be cited as 221
	280	+	precedent in future cases. 222
	281	+	[(d)] (i) No such action shall be brought but within one year from the 223
	282	+	date such authorization becomes effective or permission to sue is 224
	283	+	granted, whichever date is later. With respect to any claim presented to 225
	284	+	the Office of the Claims Commissioner for which authorization or 226
	285	+	permission to sue is granted, any statute of limitation applicable to such 227
	286	+	action shall be tolled until the date such authorization or permission to 228
	287	+	sue is granted. The claimant shall bring such action against the state as 229
	288	+	party defendant in the judicial district in which the claimant resides or, 230
	289	+	if the claimant is not a resident of this state, in the judicial district of 231
	290	+	Hartford or in the judicial district in which the claim arose. 232
	291	+	[(e)] (j) Civil process directed against the state shall be served as 233
	292	+	provided by section 52-64. 234
	293	+	[(f)] (k) Issues arising in such actions shall be tried to the court 235
	294	+	without a jury. 236
	295	+	[(g)] (l) The laws and rules of practice governing disclosures in civil 237
	296	+	actions shall apply against state agencies and state officers and 238
	297	+	employees possessing books, papers, records, documents or 239
	298	+	information pertinent to the issues involved in any such action. 240
	299	+	[(h)] (m) The Attorney General, with the consent of the court, may 241
	300	+	compromise or settle any such action. The terms of every such 242
	301	+	compromise or settlement shall be expressed in a judgment of the court. 243
	302	+	[(i)] (n) Costs may be allowed against the state as the court deems just, 244
	303	+	consistent with the provisions of chapter 901. 245 Substitute Bill No. 6506
365	304
366		-	[(f)] (k) Issues arising in such actions shall be tried to the court
367		-	without a jury.
368		-	[(g)] (l) The laws and rules of practice governing disclosures in civil
369		-	actions shall apply against state agencies and state officers and
370		-	employees possessing books, papers, records, documents or
371		-	information pertinent to the issues involved in any such action.
372		-	[(h)] (m) The Attorney General, with the consent of the court, may
373		-	compromise or settle any such action. The terms of every such
374		-	compromise or settlement shall be expressed in a judgment of the court.
375		-	[(i)] (n) Costs may be allowed against the state as the court deems just,
376		-	consistent with the provisions of chapter 901.
377		-	[(j)] (o) The clerk of the court in which judgment is entered against
378		-	the state shall forward a certified copy of such judgment to the
379		-	Comptroller. The Attorney General shall certify to the Comptroller
380		-	when the time allowed by law for proceeding subsequent to final
381		-	judgment has expired and the Attorney General shall designate the state
382		-	agency involved in the action. Upon receipt of such judgment and
383		-	certification the Comptroller shall make payment as follows: Amounts
384		-	directed by law to be paid from a special fund shall be paid from such
385		-	special fund; amounts awarded upon contractual claims for goods or
386		-	services furnished or for property leased shall be paid from the
387		-	appropriation of the agency which received such goods or services or
388		-	occupied such property; all other amounts shall be paid from such
389		-	appropriation as the General Assembly may have made for the payment
390		-	of claims.
391		-	[(k)] (p) Not later than five days after the convening of each regular
392		-	session, the Attorney General shall report to the joint standing
393		-	committee of the General Assembly having cognizance of matters
394		-	relating to the judiciary on the status and disposition of all actions Substitute House Bill No. 6506
395	305
396		-	Public Act No. 21-91 13 of 14
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397	309
398		-	authorized pursuant to this section or section 4-159, as amended by this
399		-	act, or brought against the state under any other provision of law and in
400		-	which the interests of the state are represented by the Attorney General.
401		-	The report shall include: (1) The number of such actions pending in state
402		-	and federal court, categorized by the alleged ground for the action, (2)
403		-	the number of new actions brought in the preceding year in state and
404		-	federal court, categorized by the alleged ground for the action, (3) the
405		-	number of actions disposed of in the preceding year, categorized by the
406		-	ground for the action that was disposed of and whether the action was
407		-	disposed of by settlement or litigation to final judgment, and the amount
408		-	paid for actions within the respective categories, and (4) such other
409		-	information as may be requested, from time to time, by the joint
410		-	standing committee of the General Assembly having cognizance of
411		-	matters relating to the judiciary. The report shall identify each action
412		-	disposed of by payment of an amount exceeding one hundred thousand
413		-	dollars.
414		-	Sec. 7. Section 3-125a of the general statutes is repealed and the
415		-	following is substituted in lieu thereof (Effective from passage):
416		-	(a) Notwithstanding the provisions of subsection [(h)] (m) of section
417		-	4-160, as amended by this act, the Attorney General shall not enter into
418		-	any agreement or stipulation in connection with a lawsuit to which the
419		-	state is a party that contains any provision which requires an
420		-	expenditure from the General Fund budget in an amount in excess of
421		-	two million five hundred thousand dollars over the term of the
422		-	agreement or stipulation, unless the General Assembly, by resolution,
423		-	accepts the terms of such provision. The General Assembly may reject
424		-	such provision by a three-fifths vote of each house. Such provision shall
425		-	be deemed approved if the General Assembly fails to vote to approve or
426		-	reject such provision within thirty days of the date of submittal pursuant
427		-	to subsection (b) of this section.
428		-	(b) Each such agreement or stipulation shall be submitted to the Substitute House Bill No. 6506
	310	+	[(j)] (o) The clerk of the court in which judgment is entered against 246
	311	+	the state shall forward a certified copy of such judgment to the 247
	312	+	Comptroller. The Attorney General shall certify to the Comptroller 248
	313	+	when the time allowed by law for proceeding subsequent to final 249
	314	+	judgment has expired and the Attorney General shall designate the state 250
	315	+	agency involved in the action. Upon receipt of such judgment and 251
	316	+	certification the Comptroller shall make payment as follows: Amounts 252
	317	+	directed by law to be paid from a special fund shall be paid from such 253
	318	+	special fund; amounts awarded upon contractual claims for goods or 254
	319	+	services furnished or for property leased shall be paid from the 255
	320	+	appropriation of the agency which received such goods or services or 256
	321	+	occupied such property; all other amounts shall be paid from such 257
	322	+	appropriation as the General Assembly may have made for the payment 258
	323	+	of claims. 259
	324	+	[(k)] (p) Not later than five days after the convening of each regular 260
	325	+	session, the Attorney General shall report to the joint standing 261
	326	+	committee of the General Assembly having cognizance of matters 262
	327	+	relating to the judiciary on the status and disposition of all actions 263
	328	+	authorized pursuant to this section or section 4-159, or brought against 264
	329	+	the state under any other provision of law and in which the interests of 265
	330	+	the state are represented by the Attorney General. The report shall 266
	331	+	include: (1) The number of such actions pending in state and federal 267
	332	+	court, categorized by the alleged ground for the action, (2) the number 268
	333	+	of new actions brought in the preceding year in state and federal court, 269
	334	+	categorized by the alleged ground for the action, (3) the number of 270
	335	+	actions disposed of in the preceding year, categorized by the ground for 271
	336	+	the action that was disposed of and whether the action was disposed of 272
	337	+	by settlement or litigation to final judgment, and the amount paid for 273
	338	+	actions within the respective categories, and (4) such other information 274
	339	+	as may be requested, from time to time, by the joint standing committee 275
	340	+	of the General Assembly having cognizance of matters relating to the 276
	341	+	judiciary. The report shall identify each action disposed of by payment 277
	342	+	of an amount exceeding one hundred thousand dollars. 278 Substitute Bill No. 6506
429	343
430		-	Public Act No. 21-91 14 of 14
431	344
432		-	General Assembly by the Attorney General and shall be referred to the
433		-	committees of cognizance which shall report thereon by resolution.
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	348	+
	349	+	Sec. 5. Section 3-125a of the general statutes is repealed and the 279
	350	+	following is substituted in lieu thereof (Effective from passage): 280
	351	+	(a) Notwithstanding the provisions of subsection [(h)] (j) of section 4-281
	352	+	160, as amended by this act, the Attorney General shall not enter into 282
	353	+	any agreement or stipulation in connection with a lawsuit to which the 283
	354	+	state is a party that contains any provision which requires an 284
	355	+	expenditure from the General Fund budget in an amount in excess of 285
	356	+	two million five hundred thousand dollars over the term of the 286
	357	+	agreement or stipulation, unless the General Assembly, by resolution, 287
	358	+	accepts the terms of such provision. The General Assembly may reject 288
	359	+	such provision by a three-fifths vote of each house. Such provision shall 289
	360	+	be deemed approved if the General Assembly fails to vote to approve or 290
	361	+	reject such provision within thirty days of the date of submittal pursuant 291
	362	+	to subsection (b) of this section. 292
	363	+	(b) Each such agreement or stipulation shall be submitted to the 293
	364	+	General Assembly by the Attorney General and shall be referred to the 294
	365	+	committees of cognizance which shall report thereon by resolution. 295
	366	+	This act shall take effect as follows and shall amend the following
	367	+	sections:
	368	+
	369	+	Section 1 from passage 4-141
	370	+	Sec. 2 from passage 4-147
	371	+	Sec. 3 from passage 4-159a(a)
	372	+	Sec. 4 from passage 4-160
	373	+	Sec. 5 from passage 3-125a
	374	+
	375	+	Statement of Legislative Commissioners:
	376	+	The description of the contents of the affidavit attesting to the validity
	377	+	of a claim and the motion for approval to assert a claim without a
	378	+	hearing were moved from the definitions in Section 1 to the text of
	379	+	Section 4(a) for consistency with standard drafting conventions, and the
	380	+	provisions of Section (4)(h)(1) were revised for consistency with the
	381	+	provisions of Section (4)(h)(2).
	382	+
	383	+	JUD Joint Favorable Subst. Substitute Bill No. 6506
	384	+
	385	+
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	389	+
434	390