Researcher: MGS Page 1 6/1/23
OLR Bill Analysis
sHB 6876 (as amended by House “A”)*
AN ACT CONCERNING THE ADMINISTRATION OF THE OFFICE OF
THE CLAIMS COMMISSIONER.
SUMMARY
This bill makes the following changes in the laws governing the
Office of the Claims Commissioner (“the office”):
1. adds, within available appropriations, a deputy claims
commissioner position and sets its duties and term of office (§§ 1
& 2);
2. specifies that the Department of Administrative Services must
provide the office’s temporary deputies and administrative staff
within available appropriations (§ 1);
3. adjusts the current claims commissioner’s and temporary deputy
commissioners’ terms of office (§ 2);
4. removes the option for magistrates to hear claims against the
state and instead assigns it to the six temporary deputy
commissioners in current law (§§ 1 & 3);
5. requires that claims be considered as soon as practicable after
they are filed, rather than being heard as under current law (§ 4);
6. extends various duties and powers assigned to the claims
commissioner under existing law and magistrates under current
law to the deputy commissioner and temporary deputies (§§ 4-
10);
7. removes the $50,000 threshold requirement for a claimant to
request legislative review of a decision by the office ordering the
denial, dismissal, or immediate payment of certain claims (§ 8); 2023HB-06876-R01-BA.DOCX
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and
8. potentially increases the number of unresolved claims that may
be referred to the office’s temporary deputies for review and
determination (§ 10).
The bill also makes various technical and conforming changes.
*House Amendment “A” makes the following changes: (1) revises the
effective dates of all the sections in the underlying bill so that they occur
sooner (July 1, rather than October 1, 2023); (2) limits appointments to
certain office positions to within available appropriations; (3) requires
that claims be considered, rather than heard, as soon as practicable after
they are filed (§ 4); (4) removes the dollar amount threshold for
legislative review of certain claims (§ 8); and (5) adds provisions on
filing claims notices, filings in duplicate, inmate claims, and claims that
are not disposed of in a timely manner (§§ 11-15).
EFFECTIVE DATE: July 1, 2023
§§ 1 & 2 — DEPUTY COMMISSIONER
The bill requires the claims commissioner, within available
appropriations, to appoint a deputy commissioner who is an attorney
with the training and experience suitable for the office’s duties. This
position is exempt from the state employee classified service.
Under the bill, the deputy commissioner hears and determines claims
against the state, except for the claims specifically exempted in statute.
Additionally, the bill requires the deputy commissioner to perform
all of the claims commissioner’s functions when he or she is absent,
disabled, or disqualified and gives the deputy commissioner all of the
claims commissioner’s powers and duties.
The bill specifies that the deputy commissioner’s term is not
coterminous with the claims commissioner’s. It allows any newly
appointed claims commissioner to replace a sitting deputy
commissioner upon appointment. The deputy commissioner must serve 2023HB-06876-R01-BA.DOCX
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until the claims commissioner appoints a successor.
§ 2 — CLAIMS COMMISSIONER
Under current law, the governor appoints and the General Assembly
confirms a claims commissioner to serve a four-year term. The bill
specifies that the governor nominates, rather than appoints, the
commissioner. It also removes the option for the claims commissioner
who is serving as of June 28, 2021, to continue to serve until his or her
term expires.
§§ 1 & 3 — MAGISTRATES
Current law allows the claims commissioner to designate one or more
magistrates from a list maintained by the chief court administrator to
hear claims against the state and issue a decision about their final
disposition. The bill eliminates this option and instead allows
temporary deputies to partially fulfill this role (see § 3 below).
§§ 1-3 — TEMPORARY DEPUTIES
Current law requires the governor to appoint six temporary deputies
to serve in the office. The bill allows for fewer temporary deputies by
instead allowing the governor to appoint up to six of them. By law, each
temporary deputy serves at the governor’s pleasure for a coterminous
term.
Current law terminates the appointment and service of any
temporary deputy on and after October 1, 2023. The bill extends the
termination date to March 1, 2026.
The bill also requires the claims commissioner to assign a temporary
deputy to hear claims or make recommendations to the claims
commissioner or deputy claims commissioner about their final
disposition.
§§ 4-10 — DUTIES EXTENDED TO DEPUTY COMMISSIONER AND
TEMPORARY DEPUTIES
The bill extends the following duties and powers assigned to the
claims commissioner under existing law and to magistrates under
current law to both the deputy commissioner and temporary deputies: 2023HB-06876-R01-BA.DOCX
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1. determining a suitable location for claims hearings (§ 4);
2. calling, examining, and cross-examining any witnesses;
requiring information not offered by the claimant; and
stipulating matters to be argued (§ 4);
3. being exempt from any law or rule of evidence, but not the claims
commissioner’s rules (§ 4);
4. administering oaths; requiring depositions; issuing subpoenas;
and ordering inspection and disclosure of books, papers, records,
and documents (§ 4);
5. quashing any order or subpoena upon good cause shown (§ 4);
6. issuing a capias (i.e., warrant) directed to a state marshal to arrest
any person who fails to respond to a subpoena and bring him or
her to testify (§ 4);
7. certifying to the attorney general that a person refuses to testify
or produce any relevant, unprivileged book, paper, record, or
document so that the attorney general may apply to the superior
court for an order compelling compliance (§ 4);
8. dismissing a claim due to the claimant’s failure to testify or
produce relevant material (§ 4);
9. waiving the hearing of any claim for $10,000 or less and
proceeding upon the claimant’s and concerned state agency’s
filed affidavits (§ 5);
10. excluding any person from further participation in a hearing due
to misbehavior that obstructs the proceeding (§ 6);
11. summarily terminating a proceeding and terminating the claim
when the claimant’s misbehavior obstructs the proceeding (§ 6);
12. rendering a decision within 90 days after hearing a claim, making
a finding of fact for each claim, and filing each finding with the
order, recommendation, or authorization disposing the claim (§ 2023HB-06876-R01-BA.DOCX
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7);
13. ordering that a claim be denied or dismissed or, if it does not
exceed $35,000, be immediately paid (§ 8);
14. recommending to the General Assembly that a claim exceeding
$35,000 be paid (§ 8); and
15. authorizing a claimant to sue the state (§§ 8 & 10).
The bill makes conforming changes to extend provisions on
legislative review of decisions by the claims commissioner to include
those by the deputy commissioner and temporary deputies (§§ 8-9).
§ 10 — UNRESOLVED CLAIM RE QUESTS
The bill potentially increases the number of unresolved claims that
may be referred to the office’s temporary deputies for review and
determination.
Under current law, claims exclusively requesting to sue the state filed
before June 28, 2018, must be referred to a temporary deputy for review
and determination if the office has not disposed of them. The bill
extends this requirement to claims filed before July 1, 2020. Existing law,
unchanged by the bill, allows the claimant to have his or her claim
remain before the claims commissioner, however, if the claimant
expressly states this desire.
The law also allows claimants to file a notice with the attorney
general, governor, and Judiciary Committee on claims exclusively
requesting permission to sue the state that remain pending with the
office beginning 18 months after it was filed. The claims commissioner
must then issue a decision on the claim within 90 days. If still unresolved
after 90 days, the claim must be referred to a temporary deputy for
review and determination. The bill removes the provision that sunsets
these referrals beginning on July 1, 2023, allowing them to continue.
Under current law, a claim in which the parties have stipulated for an
extension of time for the office to dispose of the claim is not eligible for
the above process. The bill instead applies this exclusion to claims in 2023HB-06876-R01-BA.DOCX
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which the parties have not objected to an extension.
In both of the above scenarios, when unresolved claims are referred
to a temporary deputy, he or she must review it and make a
determination to deny or dismiss it within 90 days after the referral
(CGS § 4-160(d)).
§§ 11 & 14 — FILING NOTICE OF CLAIMS AND FILING FEES
By law, anyone who wants to bring a claim against the state must file
with the office a notice of claim, in duplicate. Among other information,
current law requires the notice to state the amount requested in the
claim. The bill specifies that this statement must at least indicate
whether the amount is less than, equal to, or greater than $35,000.
Additionally, the bill removes from current law the filing fee
requirement that claims notices be accompanied by a check or money
order payable to “Treasurer, state of Connecticut” in the following
amounts: (1) $50 for claims exceeding $5,000 or (2) $25 for claims for
$5,000 or less. It also makes conforming changes by removing obsolete
provisions authorizing the claims commissioner to waive these fees.
§§ 12 & 13 — FILINGS IN DUPLICATE
State Notice of Opposition (§ 12)
By law, when either the attorney general or a state agency providing
representation for the state before the claims commissioner wishes to
oppose a claim against the state, that representative must file with the
office a notice of opposition containing a concise statement of objections.
The bill removes current law’s requirement that the state’s
representative file this notice in duplicate.
Rehearing Application (§ 13)
By law, an aggrieved claimant whose claim was rejected or
recommended for rejection, in whole or in part, by the claims
commissioner may apply for a rehearing if new evidence is discovered.
The bill removes current law’s requirement that the claimant file the
application in duplicate with the office. 2023HB-06876-R01-BA.DOCX
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§ 15 — CLAIMS NOT TIMELY DISPOSED OF
Under existing law, the claims commissioner must report to the
General Assembly, within five days after the regular legislative session
begins, on all claims that have been filed with the office but have not yet
been disposed of within (1) two years after the date they were filed or
(2) any extension granted by the General Assembly. Current law does
not require the commissioner to report on claims for which the parties
agreed to an extension of time for the office to dispose of the claim. The
bill modifies this reporting exemption, instead allowing it for claims for
which the office sought an extension to dispose of the claim and the
parties have not objected within 30 days. (Presumably, the 30-day
window begins on the day when the office seeks the extension, but the
bill does not specify how the parties will be notified of this day.)
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 37 Nay 0 (03/31/2023)
Appropriations Committee
Joint Favorable
Yea 53 Nay 0 (05/01/2023)