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General Assembly Raised Bill No. 6876
January Session, 2023
LCO No. 5641
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING THE ADMINISTRATION 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 Section 4-142 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2023): 2
(a) There shall be an Office of the Claims Commissioner which shall 3
hear and determine all claims against the state except: (1) Claims for the 4
periodic payment of disability, pension, retirement or other 5
employment benefits; (2) claims upon which suit otherwise is 6
authorized by law including suits to recover similar relief arising from 7
the same set of facts; (3) claims for which an administrative hearing 8
procedure otherwise is established by law; (4) requests by political 9
subdivisions of the state for the payment of grants in lieu of taxes; and 10
(5) claims for the refund of taxes. 11
(b) The Office of the Claims Commissioner shall consist of the Claims 12
Commissioner, [six temporary deputies] the Deputy Claims 13
Commissioner and such administrative staff as may be provided by the 14
Department of Administrative Services. The Claims Commissioner, [a 15 Raised Bill No. 6876
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temporary deputy] the Deputy Claims Commissioner or a [magistrate] 16
hearing officer assigned to assist the Claims Commissioner pursuant to 17
section 4-142b, as amended by this act, shall hear and determine all 18
claims against the state, except as otherwise provided in subsection (a) 19
of this section. Such claims shall be heard and determined in accordance 20
with the rules prescribed by the Claims Commissioner pursuant to 21
section 4-157, except as may be provided in section 4-160, as amended 22
by this act. 23
Sec. 2. Section 4-142a of the general statutes is repealed and the 24
following is substituted in lieu thereof (Effective October 1, 2023): 25
(a) (1) The Claims Commissioner shall be appointed by the Governor 26
with the advice and consent of the General Assembly to serve for a term 27
of four years from the first day in July in the year of his or her 28
appointment and until his or her successor has been appointed and has 29
qualified. The Claims Commissioner shall be an attorney-at-law and 30
shall have been admitted to practice before the courts of the state of 31
Connecticut for at least five years prior to his or her appointment. [The 32
Claims Commissioner serving on June 28, 2021, may continue to serve 33
until the expiration of his or her term. On and after June 28, 2021, each] 34
Each nomination for appointment as Claims Commissioner by the 35
Governor shall be referred, without debate, to the joint standing 36
committee of the General Assembly having cognizance of matters 37
relating to the judiciary, which shall report on each appointment not 38
later than thirty days after the date of reference. Each appointment by 39
the General Assembly of the Claims Commissioner shall be by 40
concurrent resolution. 41
(2) The Claims Commissioner shall receive such compensation as is 42
fixed under the provisions of section 4-40. The Claims Commissioner 43
may enter into such contractual agreements, in accordance with 44
established procedures, as may be necessary for the discharge of his or 45
her duties. Subject to the provisions of section 4-32, and unless otherwise 46
provided by law, the Claims Commissioner is authorized to receive any 47
money, revenue or services from the federal government, corporations, 48 Raised Bill No. 6876
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associations or individuals, including payments from the sale of printed 49
matter or any other materials or services. 50
(b) The Office of the Claims Commissioner shall be within the 51
Department of Administrative Services, provided the office shall have 52
independent decision-making authority. 53
[(c) (1) The Governor shall appoint six temporary deputies to serve in 54
the Office of the Claims Commissioner. A temporary deputy shall be an 55
attorney-at-law who has experience practicing law before the courts of 56
the state of Connecticut and has trial experience. A temporary deputy 57
may not be an employee of the office of the Attorney General or have a 58
claim pending before the Claims Commissioner, either as a claimant or 59
as an attorney appearing on behalf of a claimant. Each temporary 60
deputy shall serve at the pleasure of the Governor, for a term 61
coterminous with the Governor, or until a successor is appointed and 62
qualified, whichever is longer, provided no temporary deputy may be 63
appointed or serve in such position on or after October 1, 2023. 64
(2) A temporary deputy shall receive, for each day of service, the 65
same compensation as paid to a judge trial referee under subdivision (1) 66
of subsection (f) of section 52-434 for each day of service by such referee. 67
(3) Each temporary deputy shall have decision-making authority to 68
issue a final decision to grant or deny permission to sue for each claim 69
referred to such deputy under the provisions of subsection (b) or (c) of 70
section 4-160.] 71
(c) The Claims Commissioner shall appoint a Deputy Claims 72
Commissioner who shall be an attorney-at-law qualified by training and 73
experience for the duties of the Office of the Claims Commissioner and 74
shall, in the absence, disability or disqualification of the Claims 75
Commissioner, perform all the functions and have all the powers and 76
duties of said office and such other duties as may be prescribed. The 77
position of Deputy Claims Commissioner shall be exempt from the 78
classified service. The Deputy Claims Commissioner shall serve until a 79
successor is appointed by the Claims Commissioner. The term of the 80 Raised Bill No. 6876
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Deputy Claims Commissioner shall not be coterminous with that of the 81
Claims Commissioner, instead the Deputy Claims Commissioner may 82
be replaced by a new Claims Commissioner appointed pursuant to the 83
provisions of subdivision (1) of subsection (a) of this section. 84
Sec. 3. Section 4-142b of the general statutes is repealed and the 85
following is substituted in lieu thereof (Effective October 1, 2023): 86
The Office of the Claims Commissioner shall maintain a permanent 87
office in Hartford County in such suitable space as the Commissioner of 88
Administrative Services provides. All papers required to be filed with 89
the Office of the Claims Commissioner shall be delivered to such office. 90
The Claims Commissioner may designate one or more [magistrates] 91
hearing officers who shall be available to the Office of the Claims 92
Commissioner to hear a claim and issue a decision concerning the final 93
disposition of a claim against the state, as provided for in this chapter. 94
[The Claims Commissioner may appoint any magistrate who is on the 95
list of available magistrates maintained by the Chief Court 96
Administrator. A magistrate appointed by the Claims Commissioner 97
may review, hear and decide a claim, or make a recommendation to the 98
Claims Commissioner concerning the final disposition of a claim. The 99
Claims Commissioner shall establish such rules as he or she deems 100
necessary to provide for the appointment of a magistrate to hear and 101
decide matters pursuant to the provisions of this chapter. Such rules 102
may include limitations on the types of matters that may be heard and 103
decided by a magistrate and may provide for the issuance of a 104
recommendation by a magistrate concerning the final disposition of a 105
claim that is subject to review and approval by the Claims 106
Commissioner.] The Claims Commissioner may appoint one or more 107
hearing officers who may review, hear and decide claims, or make 108
recommendations to the Claims Commissioner concerning the final 109
disposition of claims. No decision made by a hearing officer shall have 110
the force and effect of a ruling of the Claims Commissioner or Deputy 111
Claims Commissioner without written approval by the Claims 112
Commissioner or the Deputy Claims Commissioner. The Claims 113
Commissioner shall establish such rules as the commissioner deems 114 Raised Bill No. 6876
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necessary to provide for the appointment of a hearing officer to hear and 115
decide matters pursuant to the provisions of this chapter. Such rules 116
may include limitations on the types of matters that may be heard and 117
decided by a hearing officer. A hearing officer shall receive, for each day 118
of service, the same compensation as paid to a judge trial referee under 119
subdivision (1) of subsection (f) of section 52-434 for each day of service 120
by such referee. 121
Sec. 4. Section 4-151 of the general statutes is repealed and the 122
following is substituted in lieu thereof (Effective October 1, 2023): 123
(a) Claims shall be heard as soon as practicable after they are filed. 124
The following claims shall be privileged with respect to assignment for 125
hearing: (1) Claims by persons who are sixty-five years or older or who 126
reach such age during the pendency of the claim, (2) claims by persons 127
who are terminally ill, as defined in section 52-191c, and (3) claims by 128
executors or administrators of estates. Hearings may be held at the 129
Office of the Claims Commissioner, at any available hearing facility in 130
the State Capitol or Legislative Office Building, upon request at any 131
courthouse serving a judicial district or geographical area or city or 132
town hall in the state or at such other suitable place as the Claims 133
Commissioner, Deputy Claims Commissioner or a [magistrate] hearing 134
officer finds is convenient and just to the claimant and to the Attorney 135
General. 136
(b) The Claims Commissioner, Deputy Claims Commissioner or a 137
[magistrate] hearing officer may call witnesses, examine and cross-138
examine any witness, require information not offered by the claimant or 139
the Attorney General and stipulate matters to be argued. The Claims 140
Commissioner, Deputy Claims Commissioner or a [magistrate] hearing 141
officer shall not be bound by any law or rule of evidence, except the rules 142
prescribed by the Claims Commissioner pursuant to section 4-157. 143
(c) The Claims Commissioner, Deputy Claims Commissioner or a 144
[magistrate] hearing officer may administer oaths, cause depositions to 145
be taken, issue subpoenas and order inspection and disclosure of books, 146 Raised Bill No. 6876
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papers, records and documents. Upon good cause shown, any such 147
order or subpoena may be quashed by the Claims Commissioner, 148
Deputy Claims Commissioner or a [magistrate] hearing officer. 149
(d) If any person fails to respond to a subpoena, the Claims 150
Commissioner, Deputy Claims Commissioner or a [magistrate] hearing 151
officer may issue a capias, directed to a state marshal to arrest such 152
person and bring such person before the Claims Commissioner, Deputy 153
Claims Commissioner or a [magistrate] hearing officer to testify. 154
(e) If any person refuses to testify or to produce any relevant, 155
unprivileged book, paper, record or document, the Claims 156
Commissioner, Deputy Claims Commissioner or a [magistrate] hearing 157
officer shall certify such fact to the Attorney General, who shall apply to 158
the superior court for the judicial district in which such person resides 159
for an order compelling compliance. Further refusal of such person shall 160
be punished as provided by section 2-46. If such person is the claimant, 161
the Claims Commissioner or Deputy Claims Commissioner shall 162
summarily dismiss the claim and order it forfeited to the state. 163
(f) When subpoenaed by the Claims Commissioner, Deputy Claims 164
Commissioner or a [magistrate] hearing officer, witnesses shall be 165
offered the fees and mileage allowances authorized by section 52-260, 166
provided no such fee or allowance shall be paid to any state officer or 167
employee who appears on behalf of the state. 168
Sec. 5. Section 4-151a of the general statutes is repealed and the 169
following is substituted in lieu thereof (Effective October 1, 2023): 170
On his or her own motion or at the request of the claimant or the 171
representative for the state, which representative may in appropriate 172
cases be the Attorney General, the Claims Commissioner, Deputy 173
Claims Commissioner or a [magistrate] hearing officer may waive the 174
hearing of any claim for [ten] thirty-five thousand dollars or less and 175
proceed upon affidavits filed by the claimant and the state agency 176
concerned. 177 Raised Bill No. 6876
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Sec. 6. Section 4-152 of the general statutes is repealed and the 178
following is substituted in lieu thereof (Effective October 1, 2023): 179
If in the course of any proceeding any person is guilty of misbehavior 180
which obstructs such proceeding, he or she may be excluded from 181
further participation [therein] in such hearing. If the miscreant is the 182
claimant or his or her attorney, the Claims Commissioner, Deputy 183
Claims Commissioner or a [magistrate] hearing officer may summarily 184
terminate the proceeding, and the Claims Commissioner, Deputy 185
Claims Commissioner or hearing officer may dismiss the claim and 186
order it forfeited to the state. 187
Sec. 7. Subsection (a) of section 4-154 of the general statutes is 188
repealed and the following is substituted in lieu thereof (Effective October 189
1, 2023): 190
(a) Not later than ninety days after hearing a claim, the Claims 191
Commissioner, Deputy Claims Commissioner or hearing officer shall 192
render a decision as provided in subsection (a) of section 4-158, as 193
amended by this act. The Claims Commissioner, Deputy Claims 194
Commissioner or the [magistrate] hearing officer shall make a finding 195
of fact for each claim and file such finding with the order, 196
recommendation or authorization disposing of the claim. The Office of 197
the Claims Commissioner shall deliver a copy of such finding and order, 198
recommendation or authorization to the claimant and to the 199
representative for the state, which representative may in appropriate 200
cases be the Attorney General. 201
Sec. 8. Subsections (a) and (b) of section 4-158 of the general statutes 202
are repealed and the following is substituted in lieu thereof (Effective 203
October 1, 2023): 204
(a) The Claims Commissioner, Deputy Claims Commissioner or 205
hearing officer may (1) order that a claim be denied or dismissed, (2) 206
order immediate payment of a just claim in an amount not exceeding 207
thirty-five thousand dollars, (3) recommend to the General Assembly 208
payment of a just claim in an amount exceeding thirty-five thousand 209 Raised Bill No. 6876
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dollars, or (4) authorize a claimant to sue the state, as provided in section 210
4-160, as amended by this act. 211
(b) Any person who has filed a claim for more than fifty thousand 212
dollars may request the General Assembly to review a decision of the 213
Claims Commissioner, Deputy Claims Commissioner or hearing officer 214
(1) ordering the denial or dismissal of the claim pursuant to subdivision 215
(1) of subsection (a) of this section, including denying or dismissing a 216
claim that requests permission to sue the state, or (2) ordering 217
immediate payment of a just claim in an amount not exceeding thirty-218
five thousand dollars pursuant to subdivision (2) of subsection (a) of this 219
section. [A person who has filed a claim that has been denied or 220
dismissed by a temporary deputy pursuant to subsection (d) of section 221
4-160, may request the General Assembly to review such denial or 222
dismissal.] A request for review shall be in writing and filed with the 223
Office of the Claims Commissioner not later than twenty days after the 224
date the person requesting such review receives a copy of the decision. 225
The filing of a request for review shall automatically stay the decision of 226
the Claims Commissioner or temporary deputy. 227
Sec. 9. Section 4-159 of the general statutes is repealed and the 228
following is substituted in lieu thereof (Effective October 1, 2023): 229
(a) Not later than five days after the convening of each regular session 230
and at such other times as the speaker of the House of Representatives 231
and president pro tempore of the Senate may desire, the Office of the 232
Claims Commissioner shall submit to the General Assembly (1) all 233
claims for which the Claims Commissioner, Deputy Commissioner or a 234
[magistrate] hearing officer recommended payment of a just claim in an 235
amount exceeding thirty-five thousand dollars pursuant to subdivision 236
(3) of subsection (a) of section 4-158, as amended by this act, and (2) all 237
claims for which a request for review has been filed pursuant to 238
subsection (b) of section 4-158, as amended by this act, together with a 239
copy of the Claims Commissioner's, [the magistrate's or the temporary 240
deputy's] Deputy Claims Commissioner's or hearing officer's findings 241
and the hearing record, if any, of each claim so reported. 242 Raised Bill No. 6876
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(b) The General Assembly shall: 243
(1) With respect to a decision of the Claims Commissioner, Deputy 244
Claims Commissioner or hearing officer ordering the denial or dismissal 245
of a claim pursuant to subdivision (1) of subsection (a) of section 4-158, 246
as amended by this act: [or a decision of a temporary deputy ordering 247
the denial or dismissal of a claim pursuant to subsection (d) of section 248
4-160:] 249
(A) Confirm the decision; or 250
(B) Vacate the decision and, in lieu thereof, (i) order the payment of 251
the claim in a specified amount, or (ii) authorize the claimant to sue the 252
state; 253
(2) With respect to a decision of the Claims Commissioner ordering 254
the immediate payment of a just claim in an amount not exceeding 255
thirty-five thousand dollars pursuant to subdivision (2) of subsection (a) 256
of section 4-158, as amended by this act: 257
(A) Confirm the decision; 258
(B) Modify the decision by ordering that a different amount be paid; 259
or 260
(C) Vacate the decision and, in lieu thereof, (i) order no payment be 261
made, or (ii) authorize the claimant to sue the state; 262
(3) With respect to a decision of the Claims Commissioner 263
recommending payment of a just claim in an amount exceeding thirty-264
five thousand dollars pursuant to subdivision (3) of subsection (a) of 265
section 4-158, as amended by this act: 266
(A) Accept the recommendation and order payment of the specified 267
amount; 268
(B) Modify the recommendation by ordering that a different amount 269
be paid; or 270 Raised Bill No. 6876
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(C) Reject the recommendation and, in lieu thereof, (i) order no 271
payment be made, or (ii) authorize the claimant to sue the state; or 272
(4) With respect to a decision of the Claims Commissioner, Deputy 273
Claims Commissioner or hearing officer pursuant to subdivision (1), (2) 274
or (3) of subsection (a) of section 4-158, as amended by this act, [or a 275
decision of a temporary deputy pursuant to subsection (d) of section 4-276
160,] remand the claim to the Office of the Claims Commissioner for 277
such further proceedings as the General Assembly may direct. 278
(c) The General Assembly may grant the claimant permission to sue 279
the state under the provisions of this section when the General 280
Assembly deems it just and equitable and believes the claim to present 281
an issue of law or fact under which the state, were it a private person, 282
could be liable. 283
(d) If the General Assembly orders the payment of a claim, the Office 284
of the Claims Commissioner shall deliver to the Comptroller a notice of 285
the order and the Comptroller shall make payment in the manner 286
prescribed for payment of an order of the Claims Commissioner 287
pursuant to section 4-158, as amended by this act. 288
(e) The review by the General Assembly of claims submitted to it by 289
the Office of the Claims Commissioner under this section shall be 290
conducted in accordance with such procedures as the General Assembly 291
may prescribe. 292
Sec. 10. Section 4-160 of the general statutes is repealed and the 293
following is substituted in lieu thereof (Effective October 1, 2023): 294
(a) Whenever the Claims Commissioner deems it just and equitable, 295
the Claims Commissioner, the Deputy Claims Commissioner or a 296
hearing officer may authorize suit against the state on any claim which, 297
in the opinion of the Claims Commissioner, presents an issue of law or 298
fact under which the state, were it a private person, could be liable. The 299
Claims Commissioner may grant permission to sue for a claim that 300
exclusively seeks permission to sue the state based solely on the notice 301 Raised Bill No. 6876
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of claim or any authenticated supporting evidence submitted pursuant 302
to section 4-147, or both, without holding a hearing, upon the filing by 303
the attorney or pro se claimant of (1) a motion for approval to assert a 304
claim without a hearing, requesting a ruling based solely on the notice 305
of the claim and any authenticated supporting evidence submitted 306
under the provisions of this chapter, and (2) an affidavit attesting to the 307
validity of a claim. Such affidavit shall be signed, notarized and filed by 308
both the attorney and claimant or a pro se claimant, attesting to the 309
following, in the following form: "I have made a reasonable inquiry, as 310
permitted by the circumstances, which has given rise to a good faith 311
belief that grounds exist for a suit against the state. Such inquiry 312
includes (provide a brief description of the inquiry made)". The claimant 313
shall serve any motion for approval and affidavit on the office of the 314
Attorney General and any state agency that is a subject of the claim. The 315
state may file an opposition to the motion for approval and the affidavit 316
not later than thirty days after such service of the motion and affidavit. 317
Such opposition shall be limited to opposition of the claim based solely 318
on jurisdictional grounds, including pursuant to section 4-142, as 319
amended by this act, or subsection (a) of section 4-148, or prosecutorial, 320
judicial, quasi-judicial or legislative immunity. 321
[(b) Any claim exclusively requesting permission to sue the state that 322
was filed more than three years prior to June 28, 2021, that has not been 323
disposed of by the Office of the Claims Commissioner, shall be referred 324
to a temporary deputy for proceedings in accordance with subsection 325
(d) of this section, unless the claimant expressly states the desire to have 326
his or her claim remain before the Claims Commissioner. 327
(c) On and after July 1, 2022, if a claim exclusively requesting 328
permission to sue the state remains pending with the Office of the 329
Claims Commissioner eighteen months after such claim was filed with 330
the office, a claimant may file a notice indicating the passage of such 331
eighteen months with the Attorney General, the Governor and the joint 332
standing committee of the General Assembly having cognizance of 333
matters relating to the judiciary. The Claims Commissioner shall issue a 334
decision on such claim not later than ninety days after the filing of such 335 Raised Bill No. 6876
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notice. If the Claims Commissioner does not issue a decision during 336
such ninety-day period, the claim shall be referred to a temporary 337
deputy for proceedings in accordance with subsection (d) of this section, 338
provided no claim may be referred to a temporary deputy on or after 339
July 1, 2023. The provisions of this subsection shall not apply to a claim 340
in which the parties have stipulated to an extension of time for the Office 341
of the Claims Commissioner to dispose of the claim. 342
(d) (1) If a claim is referred to a temporary deputy under subsection 343
(b) or (c) of this section, such temporary deputy shall review the notice 344
of claim, the state's notice of opposition and any discovery or other 345
supporting evidence, and may, if the temporary deputy deems it 346
necessary, hold a conference with the parties using telephonic or video 347
conferencing technology. Consideration of the state's opposition to such 348
claims shall be limited to jurisdictional grounds or prosecutorial, 349
judicial, quasi-judicial or legislative immunity. The temporary deputy 350
shall make a determination to deny or dismiss a claim or authorize a 351
claimant to sue the state, not later than ninety days after the claim is 352
referred to such temporary deputy. A temporary deputy shall authorize 353
suit against the state if the claim, in the opinion of the temporary deputy, 354
presents an issue of law or fact under which the state, were it a private 355
person, could be liable. If the resolution of the state's opposition to the 356
claim is based on a dispute of a material fact, the temporary deputy shall 357
grant permission to sue the state and preserve the state's right to pursue 358
such defense in court. 359
(2) A temporary deputy shall make a finding of fact for each claim 360
and file such finding with the order or authorization disposing of the 361
claim with the Claims Commissioner. The temporary deputy shall 362
deliver a copy of such finding and order or authorization to the claimant 363
and to the representative for the state, which representative may in 364
appropriate cases be the Attorney General.] 365
(b) If any claim filed on or before January 1, 2025, in accordance with 366
the provisions of this chapter, has been pending with the Office of the 367
Claims Commissioner for more than three years from the date of filing 368 Raised Bill No. 6876
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of such claim, the Claims Commissioner, Deputy Claims Commissioner, 369
or a hearing officer shall immediately authorize suit against the state, 370
sua sponte or upon motion, for any claim in an amount exceeding thirty-371
five thousand dollars but less than one hundred fifty thousand dollars 372
in monetary relief, provided the state or Claims Commissioner, Deputy 373
Claims Commissioner or hearing officer has not raised the issue of 374
jurisdiction with respect to such claim. If a jurisdictional issue has been 375
raised with respect to such claim, the jurisdictional issue must be 376
decided in the claimant's favor by the Claims Commissioner, Deputy 377
Claims Commissioner or a hearing officer prior to authorizing suit 378
against the state. Any motion for immediate authorization for suit shall 379
be decided without the hearing and opposition procedure set forth in 380
subsection (a) of this section. The provisions of this subsection shall not 381
apply to a claim in which the parties have stipulated to an extension of 382
time for the Office of the Claims Commissioner to dispose of the claim, 383
provided the stipulation has been filed prior to the expiration of the 384
three-year period following the date of the filing of the claim. 385
[(e)] (c) A claimant exclusively seeking permission to sue the state 386
shall be deemed to have been granted permission to sue the state by the 387
Claims Commissioner if the Attorney General files with the Office of the 388
Claims Commissioner a signed stipulation authorizing permission to 389
sue the state for a particular claim of the claimant. 390
[(f)] (d) In any claim alleging malpractice against the state, a state 391
hospital or against a physician, surgeon, dentist, podiatrist, chiropractor 392
or other licensed health care provider employed by the state, the 393
attorney or pro se party filing the claim may submit a certificate of good 394
faith to the Office of the Claims Commissioner in accordance with 395
section 52-190a. If such a certificate is submitted, permission to sue the 396
state shall be deemed granted by the Claims Commissioner (1) on June 397
28, 2021, if the certificate has been filed with the Claims Commissioner 398
prior to June 28, 2021, or (2) upon the filing of the certificate with the 399
Office of the Claims Commissioner, if such certificate is filed on or after 400
June 28, 2021. In lieu of filing a notice of claim pursuant to section 4-147, 401
a claimant may commence a medical malpractice action against the state 402 Raised Bill No. 6876
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prior to the expiration of the limitation period set forth in section 4-148 403
and authorization for such action against the state shall be deemed 404
granted. Any such action shall be limited to medical malpractice claims 405
only and any such action shall be deemed a suit otherwise authorized 406
by law in accordance with subsection (a) of section 4-142, as amended 407
by this act. The provisions of this subsection shall apply to any claim 408
alleging malpractice against the state that was timely filed with the 409
Claims Commissioner and remains pending with said commissioner, 410
regardless of whether such claim was filed before, on or after October 1, 411
2019. 412
[(g)] (e) After completion of discovery in a suit filed in the Superior 413
Court after receiving permission to sue the state on the basis of an 414
affidavit attesting to the validity of a claim filed in accordance with 415
subsection (a) of this section, if the court determines that such affidavit 416
was not made in good faith, that no justiciable issue was presented 417
against the state and that the state cooperated in good faith with the 418
claimant by providing informal discovery, the court, upon motion or on 419
its own initiative, shall impose upon the attorney and claimant or pro se 420
claimant who signed such affidavit an appropriate sanction, which may 421
include an order to pay to the state the reasonable expenses incurred by 422
the state because of the filing of the suit. The court may also submit the 423
matter to the appropriate authority for disciplinary review of any 424
attorney who submitted the affidavit. 425
[(h)] (f) In each action authorized by the Claims Commissioner or a 426
temporary deputy, or any action where permission to sue the state has 427
been deemed to have been granted by the Claims Commissioner, 428
pursuant to subsections (a) to [(f)] (d), inclusive, of this section or by the 429
General Assembly pursuant to section 4-159, as amended by this act, or 430
4-159a, the claimant shall allege such authorization or permission and 431
the date on which it was granted, except that evidence of such 432
authorization or permission shall not be admissible in such action as 433
evidence of the state's liability. [Except as provided in subsection (d) of 434
this section, (1) the] The state waives its immunity from liability and 435
from suit in each such action and waives all defenses which might arise 436 Raised Bill No. 6876
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from the eleemosynary or governmental nature of the activity 437
complained of, and [(2)] the rights and liability of the state in each such 438
action shall be coextensive with and shall equal the rights and liability 439
of private persons in like circumstances. 440
[(i)] (g) No such action shall be brought but within one year from the 441
date such authorization becomes effective or permission to sue is 442
granted, whichever date is later. With respect to any claim presented to 443
the Office of the Claims Commissioner for which authorization or 444
permission to sue is granted, any statute of limitation applicable to such 445
action shall be tolled until the date such authorization or permission to 446
sue is granted. The claimant shall bring such action against the state as 447
party defendant in the judicial district in which the claimant resides or, 448
if the claimant is not a resident of this state, in the judicial district of 449
Hartford or in the judicial district in which the claim arose. 450
[(j)] (h) Civil process directed against the state shall be served as 451
provided by section 52-64. 452
[(k)] (i) Issues arising in such actions shall be tried to the court 453
without a jury. 454
[(l)] (j) The laws and rules of practice governing disclosures in civil 455
actions shall apply against state agencies and state officers and 456
employees possessing books, papers, records, documents or 457
information pertinent to the issues involved in any such action. 458
[(m)] (k) The Attorney General, with the consent of the court, may 459
compromise or settle any such action. The terms of every such 460
compromise or settlement shall be expressed in a judgment of the court. 461
[(n)] (l) Costs may be allowed against the state as the court deems just, 462
consistent with the provisions of chapter 901. 463
[(o)] (m) The clerk of the court in which judgment is entered against 464
the state shall forward a certified copy of such judgment to the 465
Comptroller. The Attorney General shall certify to the Comptroller 466 Raised Bill No. 6876
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when the time allowed by law for proceeding subsequent to final 467
judgment has expired and the Attorney General shall designate the state 468
agency involved in the action. Upon receipt of such judgment and 469
certification the Comptroller shall make payment as follows: Amounts 470
directed by law to be paid from a special fund shall be paid from such 471
special fund; amounts awarded upon contractual claims for goods or 472
services furnished or for property leased shall be paid from the 473
appropriation of the agency which received such goods or services or 474
occupied such property; all other amounts shall be paid from such 475
appropriation as the General Assembly may have made for the payment 476
of claims. 477
[(p)] (n) Not later than five days after the convening of each regular 478
session, the Attorney General shall report to the joint standing 479
committee of the General Assembly having cognizance of matters 480
relating to the judiciary on the status and disposition of all actions 481
authorized pursuant to this section or section 4-159, as amended by this 482
act, or brought against the state under any other provision of law and in 483
which the interests of the state are represented by the Attorney General. 484
The report shall include: (1) The number of such actions pending in state 485
and federal court, categorized by the alleged ground for the action, (2) 486
the number of new actions brought in the preceding year in state and 487
federal court, categorized by the alleged ground for the action, (3) the 488
number of actions disposed of in the preceding year, categorized by the 489
ground for the action that was disposed of and whether the action was 490
disposed of by settlement or litigation to final judgment, and the amount 491
paid for actions within the respective categories, and (4) such other 492
information as may be requested, from time to time, by the joint 493
standing committee of the General Assembly having cognizance of 494
matters relating to the judiciary. The report shall identify each action 495
disposed of by payment of an amount exceeding one hundred thousand 496
dollars. 497
Sec. 11. Subsection (a) of section 3-125a of the general statutes is 498
repealed and the following is substituted in lieu thereof (Effective October 499
1, 2023): 500 Raised Bill No. 6876
LCO No. 5641 17 of 17
(a) Notwithstanding the provisions of subsection [(m)] (k) of section 501
4-160, as amended by this act, the Attorney General shall not enter into 502
any agreement or stipulation in connection with a lawsuit to which the 503
state is a party that contains any provision which requires an 504
expenditure from the General Fund budget in an amount in excess of 505
two million five hundred thousand dollars over the term of the 506
agreement or stipulation, unless the General Assembly, by resolution, 507
accepts the terms of such provision. The General Assembly may reject 508
such provision by a three-fifths vote of each house. Such provision shall 509
be deemed approved if the General Assembly fails to vote to approve or 510
reject such provision within thirty days of the date of submittal pursuant 511
to subsection (b) of this section. 512
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 4-142
Sec. 2 October 1, 2023 4-142a
Sec. 3 October 1, 2023 4-142b
Sec. 4 October 1, 2023 4-151
Sec. 5 October 1, 2023 4-151a
Sec. 6 October 1, 2023 4-152
Sec. 7 October 1, 2023 4-154(a)
Sec. 8 October 1, 2023 4-158(a) and (b)
Sec. 9 October 1, 2023 4-159
Sec. 10 October 1, 2023 4-160
Sec. 11 October 1, 2023 3-125a(a)
Statement of Purpose:
To improve efficiencies in the administration of the Office of the Claims
Commissioner.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]