Substitute House Bill No. 6506
Public Act No. 21-91
AN ACT CONCERNING THE PROCEDURES OF THE OFFICE OF
THE CLAIMS COMMISSIONER.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 4-142 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) There shall be an Office of the Claims Commissioner which shall
hear and determine all claims against the state except: (1) Claims for the
periodic payment of disability, pension, retirement or other
employment benefits; (2) claims upon which suit otherwise is
authorized by law including suits to recover similar relief arising from
the same set of facts; (3) claims for which an administrative hearing
procedure otherwise is established by law; (4) requests by political
subdivisions of the state for the payment of grants in lieu of taxes; and
(5) claims for the refund of taxes.
(b) The Office of the Claims Commissioner shall consist of the Claims
Commissioner, six temporary deputies and such administrative staff as
may be provided by the Department of Administrative Services. The
Claims Commissioner, a temporary deputy or a magistrate assigned to
assist the Claims Commissioner pursuant to section 4-142b shall hear
and determine all claims against the state, except as otherwise provided Substitute House Bill No. 6506
Public Act No. 21-91 2 of 14
in subsection (a) of this section. Such claims shall be heard and
determined in accordance with the rules prescribed by the Claims
Commissioner pursuant to section 4-157, except as may be provided in
section 4-160, as amended by this act.
Sec. 2. Section 4-142a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) (1) The Claims Commissioner shall be appointed by the Governor
with the advice and consent of the General Assembly to serve for a term
of four years from the first day in July in the year of his or her
appointment and until his or her successor has been appointed and has
qualified. The Claims Commissioner shall be an attorney-at-law and
shall have been admitted to practice before the courts of the state of
Connecticut for at least five years prior to his or her appointment. The
Claims Commissioner serving on the effective date of this section may
continue to serve until the expiration of his or her term. On and after the
effective date of this section, each nomination for appointment as
Claims Commissioner by the Governor shall be referred, without
debate, to the joint standing committee of the General Assembly having
cognizance of matters relating to the judiciary which shall report on each
appointment not later than thirty days after the date of reference. Each
appointment by the General Assembly of the Claims Commissioner
shall be by concurrent resolution.
(2) The Claims Commissioner shall receive such compensation as is
fixed under the provisions of section 4-40. The Claims Commissioner
may enter into such contractual agreements, in accordance with
established procedures, as may be necessary for the discharge of his or
her duties. Subject to the provisions of section 4-32, and unless otherwise
provided by law, the Claims Commissioner is authorized to receive any
money, revenue or services from the federal government, corporations,
associations or individuals, including payments from the sale of printed
matter or any other materials or services. Substitute House Bill No. 6506
Public Act No. 21-91 3 of 14
(b) The Office of the Claims Commissioner shall be within the
Department of Administrative Services, provided the office shall have
independent decision-making authority.
(c) (1) The Governor shall appoint six temporary deputies to serve in
the Office of the Claims Commissioner. A temporary deputy shall be an
attorney-at-law who has experience practicing law before the courts of
the state of Connecticut and has trial experience. A temporary deputy
may not be an employee of the office of the Attorney General or have a
claim pending before the Claims Commissioner, either as a claimant or
as an attorney appearing on behalf of a claimant. Each temporary
deputy shall serve at the pleasure of the Governor, for a term
coterminous with the Governor, or until a successor is appointed and
qualified, whichever is longer, provided no temporary deputy may be
appointed or serve in such position on or after October 1, 2023.
(2) A temporary deputy shall receive, for each day of service, the
same compensation as paid to a judge trial referee under subdivision (1)
of subsection (f) of section 52-434 for each day of service by such referee.
(3) Each temporary deputy shall have decision-making authority to
issue a final decision to grant or deny permission to sue for each claim
referred to such deputy under the provisions of subsection (b) or (c) of
section 4-160, as amended by this act.
Sec. 3. Section 4-147 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
Any person wishing to present a claim against the state shall file with
the Office of the Claims Commissioner a notice of claim, in duplicate,
containing the following information: (1) The name and address of the
claimant; the name and address of his principal, if the claimant is acting
in a representative capacity, and the name and address of his attorney,
if the claimant is so represented; (2) a concise statement of the basis of Substitute House Bill No. 6506
Public Act No. 21-91 4 of 14
the claim, including the date, time, place and circumstances of the act or
event complained of; (3) a statement of the amount requested; and (4) a
request for permission to sue the state, if such permission is sought. A
claim exclusively setting forth a request for permission to sue the state
may be accompanied by supporting evidence, including, but not limited
to, transcripts, records, documents, reports, affidavits or memoranda. A
notice of claim, if sent by mail, shall be deemed to have been filed with
the Office of the Claims Commissioner on the date such notice of claim
is postmarked. Claims in excess of five thousand dollars shall be
accompanied by a check or money order in the sum of fifty dollars
payable to the Treasurer, state of Connecticut. Claims for five thousand
dollars or less shall be accompanied by a check or money order in the
sum of twenty-five dollars payable to the Treasurer, state of
Connecticut. Except as provided in section 4-165b, fees may be waived
by the Claims Commissioner for good cause but such action by the
Claims Commissioner shall not relieve the claimant from the obligation
of filing the notice of claim in timely fashion within the statute of
limitations under section 4-148. The Office of the Claims Commissioner
shall promptly deliver a copy of the notice of claim to the Attorney
General. Such notice shall be for informational purposes only and shall
not be subject to any formal or technical requirements, except as may be
necessary for clarity of presentation and facility of understanding.
Sec. 4. Subsection (b) of section 4-158 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(b) Any person who has filed a claim for more than 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 Substitute House Bill No. 6506
Public Act No. 21-91 5 of 14
exceeding thirty-five thousand dollars pursuant to subdivision (2) of
subsection (a) of this section. A person who has filed a claim that has
been denied or dismissed by a temporary deputy pursuant to subsection
(d) of section 4-160, as amended by this act, may request the General
Assembly to review such denial or dismissal. 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 or
temporary deputy.
Sec. 5. Subsections (a) and (b) of section 4-159 of the general statutes
are repealed and the following is substituted in lieu thereof (Effective
from passage):
(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 thirty-
five thousand dollars pursuant to subdivision (3) of subsection (a) of
section 4-158, 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
or the temporary deputy's findings and the hearing record, if any, 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 or a decision of a temporary deputy
ordering the denial or dismissal of a claim pursuant to subsection (d) of Substitute House Bill No. 6506
Public Act No. 21-91 6 of 14
section 4-160, as amended by this act:
(A) Confirm the decision; or
(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
thirty-five thousand dollars pursuant to subdivision (2) of subsection (a)
of section 4-158:
(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 thirty-
five thousand dollars pursuant to subdivision (3) of subsection (a) of
section 4-158:
(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 Substitute House Bill No. 6506
Public Act No. 21-91 7 of 14
to subdivision (1), (2) or (3) of subsection (a) of section 4-158, or a
decision of a temporary deputy pursuant to subsection (d) of section 4-
160, 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.
Sec. 6. Section 4-160 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(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.] The Claims Commissioner may
grant permission to sue for a claim that exclusively seeks permission to
sue the state based solely on the notice of claim or any supporting
evidence submitted pursuant to section 4-147, as amended by this act,
or both, without holding a hearing, upon the filing by the attorney or
pro se claimant of (1) a motion for approval to assert a claim without a
hearing, requesting a ruling based solely on the notice of the claim and
any supporting evidence submitted under the provisions of this chapter,
and (2) an affidavit attesting to the validity of a claim. Such affidavit,
shall be signed, notarized and filed by both the attorney and claimant or
a pro se claimant, attesting to the following, in the following form: "I
have made a reasonable inquiry, as permitted by the circumstances,
which has given rise to a good faith belief that grounds exist for a suit
against the state. Such inquiry includes, (provide a brief description of Substitute House Bill No. 6506
Public Act No. 21-91 8 of 14
the inquiry made)". The claimant shall serve any motion for approval
and affidavit on the office of the Attorney General and any state agency
that is a subject of the claim. The state may file an opposition to the
motion for approval and the affidavit not later than thirty days after
such service of the motion and affidavit. Such opposition shall be
limited to opposition of the claim based solely on jurisdictional grounds,
including pursuant to section 4-142, as amended by this act, or
subsection (a) of section 4-148, or prosecutorial, judicial, quasi-judicial
or legislative immunity.
(b) Any claim exclusively requesting permission to sue the state that
was filed more than three years prior to the effective date of this section
that has not been disposed of by the Office of the Claims Commissioner,
shall be referred to a temporary deputy for proceedings in accordance
with subsection (d) of this section, unless the claimant expressly states
the desire to have his or her claim remain before the Claims
Commissioner.
(c) On and after July 1, 2022, if a claim exclusively requesting
permission to sue the state remains pending with the Office of the
Claims Commissioner eighteen months after such claim was filed with
the office, a claimant may file a notice indicating the passage of such
eighteen months with the Attorney General, the Governor and the joint
standing committee of the General Assembly having cognizance of
matters relating to the judiciary. The Claims Commissioner shall issue a
decision on such claim not later than ninety days after the filing of such
notice. If the Claims Commissioner does not issue a decision during
such ninety-day period, the claim shall be referred to a temporary
deputy for proceedings in accordance with subsection (d) of this section,
provided no claim may be referred to a temporary deputy on or after
July 1, 2023. The provisions of this subsection shall not apply to a claim
in which the parties have stipulated to an extension of time for the Office
of the Claims Commissioner to dispose of the claim. Substitute House Bill No. 6506
Public Act No. 21-91 9 of 14
(d) (1) If a claim is referred to a temporary deputy under subsection
(b) or (c) of this section, such temporary deputy shall review the notice
of claim, the state's notice of opposition and any discovery or other
supporting evidence, and may, if the temporary deputy deems it
necessary, hold a conference with the parties using telephonic or video
conferencing technology. Consideration of the state's opposition to such
claims shall be limited to jurisdictional grounds or prosecutorial,
judicial, quasi-judicial or legislative immunity. The temporary deputy
shall make a determination to deny or dismiss a claim or authorize a
claimant to sue the state, not later than ninety days after the claim is
referred to such temporary deputy. A temporary deputy shall authorize
suit against the state if the claim, in the opinion of the temporary deputy,
presents an issue of law or fact under which the state, were it a private
person, could be liable. If the resolution of the state's opposition to the
claim is based on a dispute of a material fact, the temporary deputy shall
grant permission to sue the state and preserve the state's right to pursue
such defense in court.
(2) A temporary deputy shall make a finding of fact for each claim
and file such finding with the order or authorization disposing of the
claim with the Claims Commissioner. The temporary deputy shall
deliver a copy of such finding and order or authorization to the claimant
and to the representative for the state, which representative may in
appropriate cases be the Attorney General.
(e) A claimant exclusively seeking permission to sue the state shall be
deemed to have been granted permission to sue the state by the Claims
Commissioner if the Attorney General files with the Office of the Claims
Commissioner a signed stipulation authorizing permission to sue the
state for a particular claim of the claimant.
[(b)] (f) In any claim alleging malpractice against the state, a state
hospital or against a physician, surgeon, dentist, podiatrist, chiropractor
or other licensed health care provider employed by the state, the Substitute House Bill No. 6506
Public Act No. 21-91 10 of 14
attorney or pro se 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]
permission to sue the state shall be deemed granted by the Claims
Commissioner (1) upon the effective date of this section, if the certificate
has been filed with the Claims Commissioner prior to the effective date
of this section, or (2) upon the filing of the certificate with the Office of
the Claims Commissioner, if such certificate is filed on or after the
effective date or this section. In lieu of filing a notice of claim pursuant
to section 4-147, as amended by this act, 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, as amended by this act. The provisions
of this subsection shall apply to any claim alleging malpractice against
the state that was timely filed with the Claims Commissioner and
remains pending with said commissioner, regardless of whether such
claim was filed before, on or after October 1, 2019.
(g) After completion of discovery in a suit filed in the Superior Court
after receiving permission to sue the state on the basis of an affidavit
attesting to the validity of a claim filed in accordance with subsection (a)
of this section, if the court determines that such affidavit was not made
in good faith, that no justiciable issue was presented against the state
and that the state cooperated in good faith with the claimant by
providing informal discovery, the court, upon motion or on its own
initiative, shall impose upon the attorney and claimant or pro se
claimant who signed such affidavit an appropriate sanction, which may
include an order to pay to the state the reasonable expenses incurred by
the state because of the filing of the suit. The court may also submit the Substitute House Bill No. 6506
Public Act No. 21-91 11 of 14
matter to the appropriate authority for disciplinary review of any
attorney who submitted the affidavit.
[(c)] (h) In each action authorized by the Claims Commissioner or a
temporary deputy, or any action where permission to sue the state has
been deemed to have been granted by the Claims Commissioner,
pursuant to [subsection (a) or (b)] subsections (a) to (f), inclusive, 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 or permission and the date on which it was granted,
except that evidence of such authorization or permission shall not be
admissible in such action as evidence of the state's liability. [The] Except
as provided in subsection (d) of this section, (1) 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] and (2) 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)] (i) No such action shall be brought but within one year from
the date such authorization becomes effective or permission to sue is
granted, whichever date is later. With respect to any claim presented to
the Office of the Claims Commissioner for which authorization or
permission to sue is granted, any statute of limitation applicable to
such action shall be tolled until the date such authorization or
permission to sue is granted. The claimant shall bring such action
against the state as party 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)] (j) Civil process directed against the state shall be served as
provided by section 52-64. Substitute House Bill No. 6506
Public Act No. 21-91 12 of 14
[(f)] (k) Issues arising in such actions shall be tried to the court
without a jury.
[(g)] (l) 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)] (m) 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)] (n) Costs may be allowed against the state as the court deems just,
consistent with the provisions of chapter 901.
[(j)] (o) 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
appropriation as the General Assembly may have made for the payment
of claims.
[(k)] (p) 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 Substitute House Bill No. 6506
Public Act No. 21-91 13 of 14
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. 7. Section 3-125a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) Notwithstanding the provisions of subsection [(h)] (m) of section
4-160, as amended by this act, the Attorney General shall not enter into
any agreement or stipulation in connection with a lawsuit to which the
state is a party that contains any provision which requires an
expenditure from the General Fund budget in an amount in excess of
two million five hundred thousand dollars over the term of the
agreement or stipulation, unless the General Assembly, by resolution,
accepts the terms of such provision. The General Assembly may reject
such provision by a three-fifths vote of each house. Such provision shall
be deemed approved if the General Assembly fails to vote to approve or
reject such provision within thirty days of the date of submittal pursuant
to subsection (b) of this section.
(b) Each such agreement or stipulation shall be submitted to the Substitute House Bill No. 6506
Public Act No. 21-91 14 of 14
General Assembly by the Attorney General and shall be referred to the
committees of cognizance which shall report thereon by resolution.