Connecticut 2022 Regular Session

Connecticut House Bill HB05235 Compare Versions

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	7	+	General Assembly Substitute Bill No. 5235
	8	+	February Session, 2022
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4		-	Substitute House Bill No. 5235
5		-
6		-	Public Act No. 22-79
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9	14		AN ACT CONCERNING THE CONTENT OF REPORTS FROM THE
10	15		OFFICE OF THE CLAIMS COMMISSIONER TO THE GENERAL
11	16		ASSEMBLY.
12	17		Be it enacted by the Senate and House of Representatives in General
13	18		Assembly convened:
14	19
15		-	Section 1. Section 4-158 of the 2022 supplement to the general statutes
16		-	is repealed and the following is substituted in lieu thereof (Effective
17		-	October 1, 2022):
18		-	(a) The Claims Commissioner may (1) order that a claim be denied or
19		-	dismissed, (2) order immediate payment of a just claim in an amount
20		-	not exceeding thirty-five thousand dollars, (3) recommend to the
21		-	General Assembly payment of a just claim in an amount exceeding
22		-	thirty-five thousand dollars, or (4) authorize a claimant to sue the state,
23		-	as provided in section 4-160.
24		-	(b) Any person who has filed a claim for more than fifty thousand
25		-	dollars may request the General Assembly to review a decision of the
26		-	Claims Commissioner (1) ordering the denial or dismissal of the claim
27		-	pursuant to subdivision (1) of subsection (a) of this section, including
28		-	denying or dismissing a claim that requests permission to sue the state,
29		-	or (2) ordering immediate payment of a just claim in an amount not
30		-	exceeding thirty-five thousand dollars pursuant to subdivision (2) of Substitute House Bill No. 5235
	20	+	Section 1. Section 4-158 of the 2022 supplement to the general statutes 1
	21	+	is repealed and the following is substituted in lieu thereof (Effective 2
	22	+	October 1, 2022): 3
	23	+	(a) The Claims Commissioner may (1) order that a claim be denied or 4
	24	+	dismissed, (2) order immediate payment of a just claim in an amount 5
	25	+	not exceeding thirty-five thousand dollars, (3) recommend to the 6
	26	+	General Assembly payment of a just claim in an amount exceeding 7
	27	+	thirty-five thousand dollars, or (4) authorize a claimant to sue the state, 8
	28	+	as provided in section 4-160. 9
	29	+	(b) Any person who has filed a claim for more than fifty thousand 10
	30	+	dollars may request the General Assembly to review a decision of the 11
	31	+	Claims Commissioner (1) ordering the denial or dismissal of the claim 12
	32	+	pursuant to subdivision (1) of subsection (a) of this section, including 13
	33	+	denying or dismissing a claim that requests permission to sue the state, 14
	34	+	or (2) ordering immediate payment of a just claim in an amount not 15
	35	+	exceeding thirty-five thousand dollars pursuant to subdivision (2) of 16
	36	+	subsection (a) of this section. A person who has filed a claim that has 17 Substitute Bill No. 5235
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32		-	Public Act No. 22-79 2 of 4
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34		-	subsection (a) of this section. A person who has filed a claim that has
35		-	been denied or dismissed by a temporary deputy pursuant to subsection
36		-	(d) of section 4-160, may request the General Assembly to review such
37		-	denial or dismissal. A request for review shall be in writing and filed
38		-	with the Office of the Claims Commissioner not later than twenty days
39		-	after the date the person requesting such review receives a copy of the
40		-	decision. The filing of a request for review shall automatically stay the
41		-	decision of the Claims Commissioner or temporary deputy.
42		-	(c) The Office of the Claims Commissioner shall submit each claim
43		-	for which a request for review is filed pursuant to this section to the
44		-	General Assembly pursuant to section 4-159.
45		-	(d) If the Claims Commissioner orders immediate payment of a just
46		-	claim in an amount not exceeding thirty-five thousand dollars pursuant
47		-	to subdivision (2) of subsection (a) of this section and a request for
48		-	review is not timely filed pursuant to subsection (b) of this section, the
49		-	Office of the Claims Commissioner shall deliver to the Comptroller a
50		-	certified copy of the Claims Commissioner's order and the Comptroller
51		-	shall make payment from such appropriation as the General Assembly
52		-	may have made for the payment of claims or, in the case of contractual
53		-	claims for goods or services furnished or for property leased, from the
54		-	appropriation of the agency which received such goods or services or
55		-	occupied such property.
56		-	(e) Whenever the Claims Commissioner deems it just and equitable,
57		-	the Claims Commissioner may, at any time prior to the submission of a
58		-	claim to the General Assembly pursuant to subsection (a) of section 4-
59		-	159, vacate the decision made pursuant to subsection (a) of this section
60		-	and undertake such further proceedings in accordance with this chapter
61		-	as the Claims Commissioner may, in his or her discretion, deem
62		-	appropriate.
63		-	(f) Not later than five days after the convening of each regular session, Substitute House Bill No. 5235
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	43	+	been denied or dismissed by a temporary deputy pursuant to subsection 18
	44	+	(d) of section 4-160, may request the General Assembly to review such 19
	45	+	denial or dismissal. A request for review shall be in writing and filed 20
	46	+	with the Office of the Claims Commissioner not later than twenty days 21
	47	+	after the date the person requesting such review receives a copy of the 22
	48	+	decision. The filing of a request for review shall automatically stay the 23
	49	+	decision of the Claims Commissioner or temporary deputy. 24
	50	+	(c) The Office of the Claims Commissioner shall submit each claim 25
	51	+	for which a request for review is filed pursuant to this section to the 26
	52	+	General Assembly pursuant to section 4-159. 27
	53	+	(d) If the Claims Commissioner orders immediate payment of a just 28
	54	+	claim in an amount not exceeding thirty-five thousand dollars pursuant 29
	55	+	to subdivision (2) of subsection (a) of this section and a request for 30
	56	+	review is not timely filed pursuant to subsection (b) of this section, the 31
	57	+	Office of the Claims Commissioner shall deliver to the Comptroller a 32
	58	+	certified copy of the Claims Commissioner's order and the Comptroller 33
	59	+	shall make payment from such appropriation as the General Assembly 34
	60	+	may have made for the payment of claims or, in the case of contractual 35
	61	+	claims for goods or services furnished or for property leased, from the 36
	62	+	appropriation of the agency which received such goods or services or 37
	63	+	occupied such property. 38
	64	+	(e) Whenever the Claims Commissioner deems it just and equitable, 39
	65	+	the Claims Commissioner may, at any time prior to the submission of a 40
	66	+	claim to the General Assembly pursuant to subsection (a) of section 4-41
	67	+	159, vacate the decision made pursuant to subsection (a) of this section 42
	68	+	and undertake such further proceedings in accordance with this chapter 43
	69	+	as the Claims Commissioner may, in his or her discretion, deem 44
	70	+	appropriate. 45
	71	+	(f) Not later than five days after the convening of each regular session, 46
	72	+	the Office of the Claims Commissioner shall report to the General 47
	73	+	Assembly on all claims decided pursuant to this section during the 48
	74	+	preceding calendar year. Such report shall include, but not be limited to, 49 Substitute Bill No. 5235
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67		-	the Office of the Claims Commissioner shall report to the General
68		-	Assembly on all claims decided pursuant to this section during the
69		-	preceding calendar year. Such report shall include, but not be limited to,
70		-	the following information for the preceding calendar year: (1) The total
71		-	number of new claims filed; (2) the total number of claims disposed of;
72		-	(3) the total number of claims that were dismissed; (4) the total number
73		-	of claims that were denied; (5) a description of each order of immediate
74		-	payment of a just claim in an amount not exceeding thirty-five thousand
75		-	dollars, which description shall minimally include, the name of the
76		-	claimant, the amount paid to the claimant and the reasoning for the
77		-	payment to the claimant; and (6) the total number of claimants who
78		-	were authorized to sue the state.
79		-	Sec. 2. Section 4-159a of the general statutes is repealed and the
80		-	following is substituted in lieu thereof (Effective October 1, 2022):
81		-	(a) (1) Not later than five days after the convening of each regular
82		-	session, the [Office of the] Claims Commissioner shall report to the
83		-	General Assembly on all claims that have been filed with the Office of
84		-	the Claims Commissioner pursuant to section 4-147 and have not been
85		-	disposed of by the Office of the Claims Commissioner within two years
86		-	of the date of filing or within any extension thereof granted by the
87		-	General Assembly pursuant to subsection (c) of this section, except
88		-	claims in which the parties have stipulated to an extension of time for
89		-	the Office of the Claims Commissioner to dispose of the claim. (2) The
90		-	report submitted by the Claims Commissioner pursuant to subdivision
91		-	(1) of this subsection shall minimally include (A) an explanation as to
92		-	why the claim has not been disposed of, and (B) the date by which a
93		-	decision will be rendered on the claim in the event the General
94		-	Assembly were to grant the Office of the Claims Commissioner an
95		-	extension of time to dispose of the claim.
96		-	(b) The Office of the Claims Commissioner shall give notice to all
97		-	claimants whose claims are the subject of a report as provided in Substitute House Bill No. 5235
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101		-	subsection (a) of this section that their claims will be considered at the
102		-	next regular session of the General Assembly pursuant to subsection (c)
103		-	of this section.
104		-	(c) With respect to any claim that is the subject of a report as provided
105		-	in subsection (a) of this section, the General Assembly may (1) grant the
106		-	Office of the Claims Commissioner an extension for a period specified
107		-	by the General Assembly to dispose of such claim, (2) grant the claimant
108		-	permission to sue the state, (3) grant an award to the claimant, or (4)
109		-	deny the claim.
	81	+	the following information for the preceding calendar year: (1) The total 50
	82	+	number of new claims filed; (2) the total number of claims disposed of; 51
	83	+	(3) the total number of claims that were dismissed; (4) the total number 52
	84	+	of claims that were denied; (5) a description of each order of immediate 53
	85	+	payment of a just claim in an amount not exceeding thirty-five thousand 54
	86	+	dollars, which description shall minimally include, the name of the 55
	87	+	claimant, the amount paid to the claimant and the reasoning for the 56
	88	+	payment to the claimant; and (6) the total number of claimants who 57
	89	+	were authorized to sue the state. 58
	90	+	Sec. 2. Section 4-159a of the general statutes is repealed and the 59
	91	+	following is substituted in lieu thereof (Effective October 1, 2022): 60
	92	+	(a) (1) Not later than five days after the convening of each regular 61
	93	+	session, the [Office of the] Claims Commissioner shall report to the 62
	94	+	General Assembly on all claims that have been filed with the Office of 63
	95	+	the Claims Commissioner pursuant to section 4-147 and have not been 64
	96	+	disposed of by the Office of the Claims Commissioner within two years 65
	97	+	of the date of filing or within any extension thereof granted by the 66
	98	+	General Assembly pursuant to subsection (c) of this section, except 67
	99	+	claims in which the parties have stipulated to an extension of time for 68
	100	+	the Office of the Claims Commissioner to dispose of the claim. (2) The 69
	101	+	report submitted by the Claims Commissioner pursuant to subdivision 70
	102	+	(1) of this subsection shall minimally include (A) an explanation as to 71
	103	+	why the claim has not been disposed of, and (B) the date by which a 72
	104	+	decision will be rendered on the claim in the event the General 73
	105	+	Assembly were to grant the Office of the Claims Commissioner an 74
	106	+	extension of time to dispose of the claim. 75
	107	+	(b) The Office of the Claims Commissioner shall give notice to all 76
	108	+	claimants whose claims are the subject of a report as provided in 77
	109	+	subsection (a) of this section that their claims will be considered at the 78
	110	+	next regular session of the General Assembly pursuant to subsection (c) 79
	111	+	of this section. 80
	112	+	(c) With respect to any claim that is the subject of a report as provided 81 Substitute Bill No. 5235
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	119	+	in subsection (a) of this section, the General Assembly may (1) grant the 82
	120	+	Office of the Claims Commissioner an extension for a period specified 83
	121	+	by the General Assembly to dispose of such claim, (2) grant the claimant 84
	122	+	permission to sue the state, (3) grant an award to the claimant, or (4) 85
	123	+	deny the claim. 86
	124	+	This act shall take effect as follows and shall amend the following
	125	+	sections:
	126	+
	127	+	Section 1 October 1, 2022 4-158
	128	+	Sec. 2 October 1, 2022 4-159a
	129	+
	130	+	JUD Joint Favorable Subst.
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