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General Assembly Substitute Bill No. 6876
January Session, 2023
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 Section 4-142 of the general statutes is repealed and the 1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, the Deputy Claims Commissioner, six temporary 13
deputies and such administrative staff as may be provided by the 14
Department of Administrative Services. The Claims Commissioner, the 15
Deputy Claims Commissioner, or a temporary deputy [or a magistrate] 16
assigned to assist the Claims Commissioner pursuant to section 4-142b, 17
as amended by this act, shall hear and determine all claims against the 18 Substitute Bill No. 6876
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state, except as otherwise provided in subsection (a) of this section. Such 19
claims shall be heard and determined in accordance with the rules 20
prescribed by the Claims Commissioner pursuant to section 4-157, 21
except as may be provided in section 4-160, as amended by this act. 22
Sec. 2. Section 4-142a of the general statutes is repealed and the 23
following is substituted in lieu thereof (Effective October 1, 2023): 24
(a) (1) The Claims Commissioner shall be appointed by the Governor 25
with the advice and consent of the General Assembly to serve for a term 26
of four years from the first day in July [in] of the year of [his or her] such 27
appointment and until [his or her] a successor has been appointed and 28
has qualified. The Claims Commissioner shall be an attorney-at-law and 29
shall have been admitted to practice before the courts of the state of 30
Connecticut for at least five years prior to [his or her] such appointment. 31
[The Claims Commissioner serving on June 28, 2021, may continue to 32
serve until the expiration of his or her term. On and after June 28, 2021, 33
each] Each nomination for appointment as Claims Commissioner by the 34
Governor shall be referred, without debate, to the joint standing 35
committee of the General Assembly having cognizance of matters 36
relating to the judiciary, which shall report on each appointment not 37
later than thirty days after the date of reference. Each appointment by 38
the General Assembly of the Claims Commissioner shall be by 39
concurrent resolution. 40
(2) The Claims Commissioner shall receive such compensation as is 41
fixed under the provisions of section 4-40. The Claims Commissioner 42
may enter into such contractual agreements, in accordance with 43
established procedures, as may be necessary for the discharge of [his or 44
her] the commissioner's duties. Subject to the provisions of section 4-32, 45
and unless otherwise provided by law, the Claims Commissioner is 46
authorized to receive any money, revenue or services from the federal 47
government, corporations, associations or individuals, including 48
payments from the sale of printed matter or any other materials or 49
services. 50 Substitute Bill No. 6876
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(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] March 64
1, 2026. 65
(2) A temporary deputy shall receive, for each day of service, the 66
same compensation as paid to a judge trial referee under subdivision (1) 67
of subsection (f) of section 52-434 for each day of service by such referee. 68
(3) Each temporary deputy shall have decision-making authority to 69
issue a final decision to grant or deny permission to sue for each claim 70
referred to such deputy under the provisions of subsection (b) or (c) of 71
section 4-160, as amended by this act. 72
(d) The Claims Commissioner shall appoint a Deputy Claims 73
Commissioner who shall be an attorney-at-law qualified by training and 74
experience for the duties of the Office of the Claims Commissioner and 75
shall, in the absence, disability or disqualification of the Claims 76
Commissioner, perform all the functions and have all the powers and 77
duties of said office and such other duties as may be prescribed. The 78
position of Deputy Claims Commissioner shall be exempt from the 79
classified service. The Deputy Claims Commissioner shall serve until a 80
successor is appointed by the Claims Commissioner. The term of the 81
Deputy Claims Commissioner shall not be coterminous with that of the 82 Substitute Bill No. 6876
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Claims Commissioner, instead the Deputy Claims Commissioner may 83
be replaced upon the appointment of a new Claims Commissioner in 84
accordance with the provisions of subdivision (1) of subsection (a) of 85
this section. 86
Sec. 3. Section 4-142b of the general statutes is repealed and the 87
following is substituted in lieu thereof (Effective October 1, 2023): 88
The Office of the Claims Commissioner shall maintain a permanent 89
office in Hartford County in such suitable space as the Commissioner of 90
Administrative Services provides. All papers required to be filed with 91
the Office of the Claims Commissioner shall be delivered to such office. 92
The Claims Commissioner may [designate one or more magistrates who 93
shall be available to the Office of the Claims Commissioner] assign a 94
temporary deputy to hear a claim and issue a decision concerning the 95
final disposition of a claim against the state, or make recommendations 96
to the Claims Commissioner or Deputy Claims Commissioner 97
concerning the final disposition of a claim as provided for in this 98
chapter. [The Claims Commissioner may appoint any magistrate who is 99
on the list of available magistrates maintained by the Chief Court 100
Administrator. A magistrate appointed by the Claims Commissioner 101
may review, hear and decide a claim, or make a recommendation to the 102
Claims Commissioner concerning the final disposition of a claim. The 103
Claims Commissioner shall establish such rules as he or she deems 104
necessary to provide for the appointment of a magistrate to hear and 105
decide matters pursuant to the provisions of this chapter. Such rules 106
may include limitations on the types of matters that may be heard and 107
decided by a magistrate and may provide for the issuance of a 108
recommendation by a magistrate concerning the final disposition of a 109
claim that is subject to review and approval by the Claims 110
Commissioner.] No decision made by a temporary deputy shall have 111
the force and effect of a ruling of the Claims Commissioner or Deputy 112
Claims Commissioner without written approval by the Claims 113
Commissioner or Deputy Claims Commissioner. The Claims 114
Commissioner shall establish such rules as the commissioner deems 115 Substitute Bill No. 6876
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necessary to provide for the appointment of a temporary deputy to hear 116
and decide matters pursuant to the provisions of this chapter. Such rules 117
may include limitations on the types of matters that may be heard and 118
decided by a temporary deputy. 119
Sec. 4. Section 4-151 of the general statutes is repealed and the 120
following is substituted in lieu thereof (Effective October 1, 2023): 121
(a) Claims shall be heard as soon as practicable after they are filed. 122
The following claims shall be privileged with respect to assignment for 123
hearing: (1) Claims by persons who are sixty-five years or older or who 124
reach such age during the pendency of the claim, (2) claims by persons 125
who are terminally ill, as defined in section 52-191c, and (3) claims by 126
executors or administrators of estates. Hearings may be held at the 127
Office of the Claims Commissioner, at any available hearing facility in 128
the State Capitol or Legislative Office Building, upon request at any 129
courthouse serving a judicial district or geographical area or city or 130
town hall in the state or at such other suitable place as the Claims 131
Commissioner, the Deputy Claims Commissioner or a [magistrate] 132
temporary deputy finds is convenient and just to the claimant and to the 133
Attorney General. 134
(b) The Claims Commissioner, the Deputy Claims Commissioner or 135
a [magistrate] temporary deputy may call witnesses, examine and cross-136
examine any witness, require information not offered by the claimant or 137
the Attorney General and stipulate matters to be argued. The Claims 138
Commissioner, the Deputy Claims Commissioner or a [magistrate] 139
temporary deputy shall not be bound by any law or rule of evidence, 140
except the rules prescribed by the Claims Commissioner pursuant to 141
section 4-157. 142
(c) The Claims Commissioner, the Deputy Claims Commissioner or a 143
[magistrate] temporary deputy may administer oaths, cause depositions 144
to be taken, issue subpoenas and order inspection and disclosure of 145
books, papers, records and documents. Upon good cause shown, any 146
such order or subpoena may be quashed by the Claims Commissioner, 147 Substitute Bill No. 6876
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the Deputy Claims Commissioner or a [magistrate] temporary deputy. 148
(d) If any person fails to respond to a subpoena, the Claims 149
Commissioner, the Deputy Claims Commissioner or a [magistrate] 150
temporary deputy may issue a capias, directed to a state marshal to 151
arrest such person and bring such person before the Claims 152
Commissioner, the Deputy Claims Commissioner or a [magistrate] 153
temporary deputy 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, the Deputy Claims Commissioner or a [magistrate] 157
temporary deputy shall certify such fact to the Attorney General, who 158
shall apply to the superior court for the judicial district in which such 159
person resides for an order compelling compliance. Further refusal of 160
such person shall be punished as provided by section 2-46. If such 161
person is the claimant, the Claims Commissioner, the Deputy Claims 162
Commissioner or a temporary deputy shall summarily dismiss the claim 163
and order it forfeited to the state. 164
(f) When subpoenaed by the Claims Commissioner, the Deputy 165
Claims Commissioner or a [magistrate, witnesses] temporary deputy, a 166
witness shall be offered the fees and mileage allowances authorized by 167
section 52-260, provided no such fee or allowance shall be paid to any 168
state officer or employee who appears on behalf of the state. 169
Sec. 5. Section 4-151a of the general statutes is repealed and the 170
following is substituted in lieu thereof (Effective October 1, 2023): 171
[On his or her own motion] Upon the motion of the Claims 172
Commissioner, the Deputy Claims Commissioner, or a temporary 173
deputy, or at the request of the claimant or the representative for the 174
state, which representative may in appropriate cases be the Attorney 175
General, the Claims Commissioner, the Deputy Claims Commissioner 176
or a [magistrate] temporary deputy may waive the hearing of any claim 177
for ten thousand dollars or less and proceed upon affidavits filed by the 178 Substitute Bill No. 6876
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claimant and the state agency concerned. 179
Sec. 6. Section 4-152 of the general statutes is repealed and the 180
following is substituted in lieu thereof (Effective October 1, 2023): 181
If in the course of any proceeding any person is guilty of misbehavior 182
which obstructs such proceeding, [he or she] such person may be 183
excluded from further participation [therein] in such hearing. If the 184
miscreant is the claimant or [his or her] the claimant's attorney, the 185
Claims Commissioner, the Deputy Claims Commissioner or a 186
[magistrate] temporary deputy may summarily terminate the 187
proceeding, and the Claims Commissioner , Deputy Claims 188
Commissioner or temporary deputy may dismiss the claim and order it 189
forfeited to the state. 190
Sec. 7. Subsection (a) of section 4-154 of the general statutes is 191
repealed and the following is substituted in lieu thereof (Effective October 192
1, 2023): 193
(a) Not later than ninety days after hearing a claim, the Claims 194
Commissioner, the Deputy Claims Commissioner or a temporary 195
deputy shall render a decision as provided in subsection (a) of section 196
4-158, as amended by this act. The Claims Commissioner, the Deputy 197
Claims Commissioner or [the magistrate] a temporary deputy shall 198
make a finding of fact for each claim and file such finding with the order, 199
recommendation or authorization disposing of the claim. The Office of 200
the Claims Commissioner shall deliver a copy of such finding and order, 201
recommendation or authorization to the claimant and to the 202
representative for the state, which representative may in appropriate 203
cases be the Attorney General. 204
Sec. 8. Subsections (a) and (b) of section 4-158 of the general statutes 205
are repealed and the following is substituted in lieu thereof (Effective 206
October 1, 2023): 207
(a) The Claims Commissioner, the Deputy Claims Commissioner or 208
a temporary deputy may (1) order that a claim be denied or dismissed, 209 Substitute Bill No. 6876
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(2) order immediate payment of a just claim in an amount not exceeding 210
thirty-five thousand dollars, (3) recommend to the General Assembly 211
payment of a just claim in an amount exceeding thirty-five thousand 212
dollars, or (4) authorize a claimant to sue the state, as provided in section 213
4-160, as amended by this act. 214
(b) Any person who has filed a claim for more than fifty thousand 215
dollars may request the General Assembly to review a decision of the 216
Claims Commissioner, the Deputy Claims Commissioner or a 217
temporary deputy (1) ordering the denial or dismissal of the claim 218
pursuant to subdivision (1) of subsection (a) of this section, including 219
denying or dismissing a claim that requests permission to sue the state, 220
or (2) ordering immediate payment of a just claim in an amount not 221
exceeding thirty-five thousand dollars pursuant to subdivision (2) of 222
subsection (a) of this section. A person who has filed a claim that has 223
been denied or dismissed by a temporary deputy pursuant to subsection 224
(d) of section 4-160, as amended by this act, may request the General 225
Assembly to review such denial or dismissal. A request for review shall 226
be in writing and filed with the Office of the Claims Commissioner not 227
later than twenty days after the date the person requesting such review 228
receives a copy of the decision. The filing of a request for review shall 229
automatically stay the decision of the Claims Commissioner or 230
temporary deputy. 231
Sec. 9. Section 4-159 of the general statutes is repealed and the 232
following is substituted in lieu thereof (Effective October 1, 2023): 233
(a) Not later than five days after the convening of each regular session 234
and at such other times as the speaker of the House of Representatives 235
and president pro tempore of the Senate may desire, the Office of the 236
Claims Commissioner shall submit to the General Assembly (1) all 237
claims for which the Claims Commissioner, the Deputy Commissioner 238
or a [magistrate] temporary deputy recommended payment of a just 239
claim in an amount exceeding thirty-five thousand dollars pursuant to 240
subdivision (3) of subsection (a) of section 4-158, as amended by this act, 241
and (2) all claims for which a request for review has been filed pursuant 242 Substitute Bill No. 6876
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to subsection (b) of section 4-158, as amended by this act, together with 243
a copy of the Claims Commissioner's, [the magistrate's] Deputy 244
Commissioner's or [the] temporary deputy's findings and the hearing 245
record, if any, of each claim so reported. 246
(b) The General Assembly shall: 247
(1) With respect to a decision of the Claims Commissioner, the 248
Deputy Claims Commissioner or a temporary deputy ordering the 249
denial or dismissal of a claim pursuant to subdivision (1) of subsection 250
(a) of section 4-158, as amended by this act: or a decision of a temporary 251
deputy ordering the denial or dismissal of a claim pursuant to 252
subsection (d) of section 4-160, as amended by this act: 253
(A) Confirm the decision; or 254
(B) Vacate the decision and, in lieu thereof, (i) order the payment of 255
the claim in a specified amount, or (ii) authorize the claimant to sue the 256
state; 257
(2) With respect to a decision of the Claims Commissioner ordering 258
the immediate payment of a just claim in an amount not exceeding 259
thirty-five thousand dollars pursuant to subdivision (2) of subsection (a) 260
of section 4-158, as amended by this act: 261
(A) Confirm the decision; 262
(B) Modify the decision by ordering that a different amount be paid; 263
or 264
(C) Vacate the decision and, in lieu thereof, (i) order no payment be 265
made, or (ii) authorize the claimant to sue the state; 266
(3) With respect to a decision of the Claims Commissioner, the 267
Deputy Claims Commissioner or a temporary deputy recommending 268
payment of a just claim in an amount exceeding thirty-five thousand 269
dollars pursuant to subdivision (3) of subsection (a) of section 4-158, as 270 Substitute Bill No. 6876
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amended by this act: 271
(A) Accept the recommendation and order payment of the specified 272
amount; 273
(B) Modify the recommendation by ordering that a different amount 274
be paid; or 275
(C) Reject the recommendation and, in lieu thereof, (i) order no 276
payment be made, or (ii) authorize the claimant to sue the state; or 277
(4) With respect to a decision of the Claims Commissioner, the 278
Deputy Claims Commissioner or a temporary deputy pursuant to 279
subdivision (1), (2) or (3) of subsection (a) of section 4-158, as amended 280
by this act, or a decision of a temporary deputy pursuant to subsection 281
(d) of section 4-160, as amended by this act, remand the claim to the 282
Office of the Claims Commissioner for such further proceedings as the 283
General Assembly may direct. 284
(c) The General Assembly may grant the claimant permission to sue 285
the state under the provisions of this section when the General 286
Assembly deems it just and equitable and believes the claim to present 287
an issue of law or fact under which the state, were it a private person, 288
could be liable. 289
(d) If the General Assembly orders the payment of a claim, the Office 290
of the Claims Commissioner shall deliver to the Comptroller a notice of 291
the order and the Comptroller shall make payment in the manner 292
prescribed for payment of an order of the Claims Commissioner 293
pursuant to section 4-158, as amended by this act. 294
(e) The review by the General Assembly of claims submitted to it by 295
the Office of the Claims Commissioner under this section shall be 296
conducted in accordance with such procedures as the General Assembly 297
may prescribe. 298
Sec. 10. Section 4-160 of the general statutes is repealed and the 299 Substitute Bill No. 6876
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following is substituted in lieu thereof (Effective October 1, 2023): 300
(a) Whenever the Claims Commissioner deems it just and equitable, 301
the Claims Commissioner, the Deputy Claims Commissioner or a 302
temporary deputy may authorize suit against the state on any claim 303
which, in the opinion of the Claims Commissioner, presents an issue of 304
law or fact under which the state, were it a private person, could be 305
liable. The Claims Commissioner may grant permission to sue for a 306
claim that exclusively seeks permission to sue the state based solely on 307
the notice of claim or any supporting evidence submitted pursuant to 308
section 4-147, or both, without holding a hearing, upon the filing by the 309
attorney or pro se claimant of (1) a motion for approval to assert a claim 310
without a hearing, requesting a ruling based solely on the notice of the 311
claim and any supporting evidence submitted under the provisions of 312
this chapter, and (2) an affidavit attesting to the validity of a claim. Such 313
affidavit shall be signed, notarized and filed by both the attorney and 314
claimant or a pro se claimant, attesting to the following, in the following 315
form: "I have made a reasonable inquiry, as permitted by the 316
circumstances, which has given rise to a good faith belief that grounds 317
exist for a suit against the state. Such inquiry includes (provide a brief 318
description of the inquiry made)". The claimant shall serve any motion 319
for approval and affidavit on the office of the Attorney General and any 320
state agency that is a subject of the claim. The state may file an 321
opposition to the motion for approval and the affidavit not later than 322
thirty days after such service of the motion and affidavit. Such 323
opposition shall be limited to opposition of the claim based solely on 324
jurisdictional grounds, including pursuant to section 4-142, as amended 325
by this act, or subsection (a) of section 4-148, or prosecutorial, judicial, 326
quasi-judicial or legislative immunity. 327
(b) Any claim exclusively requesting permission to sue the state that 328
was filed more than three years prior to [June 28, 2021] July 1, 2023, that 329
has not been disposed of by the Office of the Claims Commissioner, shall 330
be referred to a temporary deputy for proceedings in accordance with 331
subsection (d) of this section, unless the claimant expressly states the 332 Substitute Bill No. 6876
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desire to have [his or her] such claim remain before the Claims 333
Commissioner. 334
(c) [On and after July 1, 2022, if] If a claim exclusively requesting 335
permission to sue the state remains pending with the Office of the 336
Claims Commissioner eighteen months after the date on which such 337
claim was filed with the office, a claimant may file a notice indicating 338
the passage of such eighteen months with the Attorney General, the 339
Governor and the joint standing committee of the General Assembly 340
having cognizance of matters relating to the judiciary. The Claims 341
Commissioner shall issue a decision on such claim not later than ninety 342
days after the filing of such notice. If the Claims Commissioner does not 343
issue a decision during such ninety-day period, the claim shall be 344
referred to a temporary deputy for proceedings in accordance with 345
subsection (d) of this section. [, provided no claim may be referred to a 346
temporary deputy on or after July 1, 2023.] The provisions of this 347
subsection shall not apply to a claim in which the parties have stipulated 348
to an extension of time for the Office of the Claims Commissioner to 349
dispose of the claim. 350
(d) (1) If a claim is referred to a temporary deputy under subsection 351
(b) or (c) of this section, such temporary deputy shall review the notice 352
of claim, the state's notice of opposition and any discovery or other 353
supporting evidence, and may, if the temporary deputy deems it 354
necessary, hold a conference with the parties using telephonic or video 355
conferencing technology. Consideration of the state's opposition to such 356
claims shall be limited to jurisdictional grounds or prosecutorial, 357
judicial, quasi-judicial or legislative immunity. The temporary deputy 358
shall make a determination to deny or dismiss a claim or authorize a 359
claimant to sue the state, not later than ninety days after the claim is 360
referred to such temporary deputy. A temporary deputy shall authorize 361
suit against the state if the claim, in the opinion of the temporary deputy, 362
presents an issue of law or fact under which the state, were it a private 363
person, could be liable. If the resolution of the state's opposition to the 364
claim is based on a dispute of a material fact, the temporary deputy shall 365 Substitute Bill No. 6876
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grant permission to sue the state and preserve the state's right to pursue 366
such defense in court. 367
(2) A temporary deputy shall make a finding of fact for each claim 368
and file such finding with the order or authorization disposing of the 369
claim with the Claims Commissioner. The temporary deputy shall 370
deliver a copy of such finding and order or authorization to the claimant 371
and to the representative for the state, which representative may in 372
appropriate cases be the Attorney General. 373
(e) A claimant exclusively seeking permission to sue the state shall be 374
deemed to have been granted permission to sue the state by the Claims 375
Commissioner if the Attorney General files with the Office of the Claims 376
Commissioner a signed stipulation authorizing permission to sue the 377
state for a particular claim of the claimant. 378
(f) In any claim alleging malpractice against the state, a state hospital 379
or against a physician, surgeon, dentist, podiatrist, chiropractor or other 380
licensed health care provider employed by the state, the attorney or pro 381
se party filing the claim may submit a certificate of good faith to the 382
Office of the Claims Commissioner in accordance with section 52-190a. 383
If such a certificate is submitted, permission to sue the state shall be 384
deemed granted by the Claims Commissioner (1) on June 28, 2021, if the 385
certificate has been filed with the Claims Commissioner prior to June 28, 386
2021, or (2) upon the filing of the certificate with the Office of the Claims 387
Commissioner, if such certificate is filed on or after June 28, 2021. In lieu 388
of filing a notice of claim pursuant to section 4-147, a claimant may 389
commence a medical malpractice action against the state prior to the 390
expiration of the limitation period set forth in section 4-148 and 391
authorization for such action against the state shall be deemed granted. 392
Any such action shall be limited to medical malpractice claims only and 393
any such action shall be deemed a suit otherwise authorized by law in 394
accordance with subsection (a) of section 4-142, as amended by this act. 395
The provisions of this subsection shall apply to any claim alleging 396
malpractice against the state that was timely filed with the Claims 397
Commissioner and remains pending with said commissioner, 398 Substitute Bill No. 6876
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regardless of whether such claim was filed before, on or after October 1, 399
2019. 400
(g) After completion of discovery in a suit filed in the Superior Court 401
after receiving permission to sue the state on the basis of an affidavit 402
attesting to the validity of a claim filed in accordance with subsection (a) 403
of this section, if the court determines that such affidavit was not made 404
in good faith, that no justiciable issue was presented against the state 405
and that the state cooperated in good faith with the claimant by 406
providing informal discovery, the court, upon motion or on its own 407
initiative, shall impose upon the attorney and claimant or pro se 408
claimant who signed such affidavit an appropriate sanction, which may 409
include an order to pay to the state the reasonable expenses incurred by 410
the state because of the filing of the suit. The court may also submit the 411
matter to the appropriate authority for disciplinary review of any 412
attorney who submitted the affidavit. 413
(h) In each action authorized by the Claims Commissioner or a 414
temporary deputy, or any action where permission to sue the state has 415
been deemed to have been granted by the Claims Commissioner, 416
pursuant to subsections (a) to (f), inclusive, of this section or by the 417
General Assembly pursuant to section 4-159, as amended by this act, or 418
4-159a, the claimant shall allege such authorization or permission and 419
the date on which it was granted, except that evidence of such 420
authorization or permission shall not be admissible in such action as 421
evidence of the state's liability. Except as provided in subsection (d) of 422
this section, (1) the state waives its immunity from liability and from suit 423
in each such action and waives all defenses which might arise from the 424
eleemosynary or governmental nature of the activity complained of, and 425
(2) the rights and liability of the state in each such action shall be 426
coextensive with and shall equal the rights and liability of private 427
persons in like circumstances. 428
(i) No such action shall be brought but within one year from the date 429
such authorization becomes effective or permission to sue is granted, 430
whichever date is later. With respect to any claim presented to the Office 431 Substitute Bill No. 6876
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of the Claims Commissioner for which authorization or permission to 432
sue is granted, any statute of limitation applicable to such action shall 433
be tolled until the date such authorization or permission to sue is 434
granted. The claimant shall bring such action against the state as party 435
defendant in the judicial district in which the claimant resides or, if the 436
claimant is not a resident of this state, in the judicial district of Hartford 437
or in the judicial district in which the claim arose. 438
(j) Civil process directed against the state shall be served as provided 439
by section 52-64. 440
(k) Issues arising in such actions shall be tried to the court without a 441
jury. 442
(l) The laws and rules of practice governing disclosures in civil 443
actions shall apply against state agencies and state officers and 444
employees possessing books, papers, records, documents or 445
information pertinent to the issues involved in any such action. 446
(m) The Attorney General, with the consent of the court, may 447
compromise or settle any such action. The terms of every such 448
compromise or settlement shall be expressed in a judgment of the court. 449
(n) Costs may be allowed against the state as the court deems just, 450
consistent with the provisions of chapter 901. 451
(o) The clerk of the court in which judgment is entered against the 452
state shall forward a certified copy of such judgment to the Comptroller. 453
The Attorney General shall certify to the Comptroller when the time 454
allowed by law for proceeding subsequent to final judgment has expired 455
and the Attorney General shall designate the state agency involved in 456
the action. Upon receipt of such judgment and certification the 457
Comptroller shall make payment as follows: Amounts directed by law 458
to be paid from a special fund shall be paid from such special fund; 459
amounts awarded upon contractual claims for goods or services 460
furnished or for property leased shall be paid from the appropriation of 461
the agency which received such goods or services or occupied such 462 Substitute Bill No. 6876
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property; all other amounts shall be paid from such appropriation as the 463
General Assembly may have made for the payment of claims. 464
(p) Not later than five days after the convening of each regular 465
session, the Attorney General shall report to the joint standing 466
committee of the General Assembly having cognizance of matters 467
relating to the judiciary on the status and disposition of all actions 468
authorized pursuant to this section or section 4-159, as amended by this 469
act, or brought against the state under any other provision of law and in 470
which the interests of the state are represented by the Attorney General. 471
The report shall include: (1) The number of such actions pending in state 472
and federal court, categorized by the alleged ground for the action, (2) 473
the number of new actions brought in the preceding year in state and 474
federal court, categorized by the alleged ground for the action, (3) the 475
number of actions disposed of in the preceding year, categorized by the 476
ground for the action that was disposed of and whether the action was 477
disposed of by settlement or litigation to final judgment, and the amount 478
paid for actions within the respective categories, and (4) such other 479
information as may be requested, from time to time, by the joint 480
standing committee of the General Assembly having cognizance of 481
matters relating to the judiciary. The report shall identify each action 482
disposed of by payment of an amount exceeding one hundred thousand 483
dollars. 484
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 Substitute Bill No. 6876
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JUD Joint Favorable Subst.
APP Joint Favorable